Application under the Environment Act 1995 for the
determination of conditions under periodic review - / Permissions Ref:
C96A/0020/16/MW, C08A/0039/16/MW, C12/0874/16/MW, C15/1344/16/MW
LOCAL MEMBER: Councillor
Gwen Griffith
Minutes:
Application under the Environment
Act 1995 for the determination of conditions under periodic review.
Permissions Ref - C96A/0020/16/MW,
C08A/0039/16/MW, C12/0874/16/MW, C15/1344/16/MW
Attention
was drawn to the additional observations that had been received.
(a)
The
Senior Planning Manager – Minerals and Waste expanded on the background of the
application. It was explained that the quarry was one of the most important
ones in Gwynedd with 300 acres of land located opposite the National Park with
important environmental designations surrounding the site, namely a Special
Area of Conservation and a site of special scientific interest.
The need for the Committee to consider two
things was noted;
i)
It
was emphasised that this was not an application for planning permission before
the Committee, but an application to review schedules of conditions for four
valid permissions on the site with the aim of merging them under one schedule
of planning conditions. In terms of the procedure with quarries, it was
highlighted that it was the operator's responsibility to create a schedule of
planning conditions for the Council to consider. It was noted that this was
done every 15 years which was an opportunity to review the situation, to get
rid of irrelevant conditions, to review the work and that the site was
restored, to ensure continuity for the work, that it was sustainable as well as
archaeological and environmental considerations.
It
was noted that the applicant had submitted a schedule of conditions with the
application and that there was an agreement between the Council and the quarry
that the intention was to raise standards in order to reflect planning needs
and modern environmental needs. It was highlighted that there were numerous issues
to be considered with the application e.g. blasts, noise, dust and impact on
the amenities of local people and that policy C17 of the UDP considered
applications to review mineral planning permissions.
The
officer reported that he was satisfied with the application and that a
substantial environmental statement had been submitted with the application
taking into account the site's location and impact on the surrounding area.
ii)
Consideration
to divert the public footpath. It was explained that an order approved 15 years
ago for the closure and diversion of a footpath was coming to an end next month
and that the quarry was eager to close the footpath for a further 17 years
considering health and safety matters of the public crossing the footpath's
permissive paths. It was intended to return the footpath in 17 years, but it
was noted that discussions were being held with the company to establish a new
footpath that would link the mountain's open land with Lôn
Las Ogwen.
Attention
was drawn to the conditions of detailed plans that had been listed as an
appendix to the report.
(b)
The
local member (a member of this Planning Committee) made the following main
points:-
- important
to have conditions to protect the site
- oldest
and largest quarry in terms of size in Wales
- the
quarry was of economic benefit to the Ogwen Valley
- need
to protect ancient monuments (attention was drawn to the Archaeology report)
- proposed the need for CADW
to designate a statutory status for the ancient monuments
- need
to protect the Special Area of Conservation and to prevent sheep from grazing
there
- proposed
a condition to ensure community input by continuing with the Liaison Committee
- the
quarry now had an impact on houses in Mynydd Llandygai
- agreed
that one scheme with robust conditions was required
(c)
In
response to an observation regarding the Liaison Committee, it was noted that a
specific condition for this was not required but that it was addressed in the
106 agreement and it was accepted that this agreement needed to be reviewed.
However, it was added that the Liaison Committee was successful and that good
collaboration arrangements had been established with the quarries, and a
suggestion was made to plan ahead for the next few years instead of imposing a
condition.
(ch)
It was proposed and seconded to accept
the conditions.
(d)
During
the ensuing discussion the following points were highlighted by individual
Members:
-
the
Well-being Act needed to be considered
-
need
to ensure use of the Welsh language on quarry signs
-
safety
of individuals had to be considered ensuring that they did not interrupt the
quarry's day to day work - essential that lorries did not come into contact
with individuals who used the rights of way, and that careful consideration was
given to the location of public footpaths
-
ancient
monuments had to be protected - important that they were respected - old
history here. A proposal was made for them to be fenced in
-
need
to install fencing around the Special Area of Conservation and to prevent sheep
from grazing in it
-
when
linking the new footpath with Lôn Las Ogwen, there was a need to ensure that the new footpath
would open before the old footpath was closed
-
need
to ensure that conditions are respected
(dd)
In
response to an observation about Welsh signs, it was highlighted that this
message could be conveyed to quarry owners.
In
response to an observation about adhering to conditions, it was noted that it
would not be possible to control this and that the quarry did not have to adhere
to them, but that it would be of interest to the quarry to respond to safety
requirements.
In
response to an observation about the protection of ancient monuments, it was
agreed that the quarry had to be more proactive and that condition 41 had been
included for this.
RESOLVED to approve the application in
accordance with the recommendations.
1. To authorise the Senior
Manager, Planning, Environment and Public Protection Services to extend the
2002 Footpath Stopping-up and Creation Order, in respect of public right of way
Numbers 46 and 50.
2. To authorise the Senior
Manager, Planning, Environment and Public Protection Services to determine the
scheme of conditions under delegation.
·
Duration
of Working 31 December 2032;
·
Permitted
Operations and Compliance with the Submitted Details / Plans;
·
Provision
for the diversion of Public Right of Way Numbers 46 and 50;
·
Hours
of Working at the working face;
·
Method
of working and blast limitations;
·
Restoration
and detailed habitat creation and restoration plan in accordance with the
application details;
·
Restoration scheme
for the plant site by 31 December 2030;
·
5-yearly
review of operations;
·
Control
of external lighting;
·
Control
of daytime and night-time noise limitations;
·
Control
of fugitive dust and provision/maintenance of a weather station;
·
Soils
and restoration media storage;
·
Restriction
on permitted development rights;
·
Restriction
on vegetation clearance at specific times of the year unless it can be proven
in writing that the work will not disturb birds and reptiles;
·
Updated
lichen monitoring;
·
Moorland habitat
management plan for the ecological compensation area in accordance with the
details provided;
·
Leat remedial works to be
implemented in accordance with the submitted scheme;
·
Fencing to be agreed
with the Local Planning Authority and Natural Resources Wales;
·
Monitoring of leat
flow as part of an annual review to assess its functioning, the hydrology of Gwaun Gynfi and requirement for
any maintenance works, to be agreed in writing with the Local Planning
Authority and Natural Resources Wales;
·
Gwaun Gynfi
habitat monitoring;
·
Archaeological
recording and mitigation;
·
Invasive species
survey and monitoring;
·
Fencing-off of
archaeological features to the north of the extraction area (multicellular
sheepfold).
(a
more detailed schedule of plan conditions had been listed as an appendix to the
report)
Supporting documents: