PLANNING AND BUILDING STANDARDS COMMITTEE 3 JUNE 2013 APPLICATION FOR PLANNING PERMISSION ITEM: REFERENCE NUMBER:13/00204/MIN OFFICER: Dorothy Amyes WARD: Tweeddale West PROPOSAL: Variation of condition No 14 and No 18 of planning consent T122/91 relating to upgrading of road junction and completion time SITE: Land South West Of Ingraston Farm Dolphinton Scottish Borders APPLICANT: Lafarge Tarmac AGENT: SITE DESCRIPTION The application relates to an existing sand and gravel quarry located approximately half a mile north of Dolphinton Village. Access to the site is via the D14/1Garvald Road from the A702. The site area covers approximately 15.6ha (38.5 acres) PROPOSED DEVELOPMENT The application seeks to amend both Condition 14 and Condition 18 of the original Planning Consent which was granted in April 1993 subject to 32 conditions. Condition 14 Condition 14 of the original consent requires the upgrading of the junction between the D14/1 Garvald Road and the A702 trunk road. The condition states; The development shall not commence until the junction of the D14/1 Garvald Road and the A702 trunk road is provided with a right turn lane on the trunk road in accordance with the layout 2 for 100km/hour design speed in Technical Memorandum SH/82, Junctions and Accesses: The layout of major/minor junctions. In 1997 the applicants sought to amend this and three other conditions and this was agreed subject to four conditions. The relevant condition is given below: 1.Approval to be limited to a maximum period of 5 years from the date of this consent and, unless otherwise agreed by the Planning Authority, the original conditions of application T122/91 to come into effect again on the expiry of this consent. Reason: To ensure that the Planning Authority have effective control. In respect of Condition 14 the applicants have commissioned an assessment of current traffic flows in the locality of Ingraston Farm. This assessment is included as Planning and Building Standards Committee 1
a supporting document. Transport Scotland was consulted on this and has indicated that they would accept an additional 24 two-way HGV turning movements per day at the A702/Garvald Road junction. The sand and gravel will be removed from the quarry in 20 tonne tipper trucks and to comply with the Transport Scotland requirement this equates to an extraction rate of 240 tonnes per day and 1440 tonnes per week. Transport Scotland have also indicated that a right-turn lane on the A702 will be required if the daily movements exceed 15 vehicles per day (one-way). The applicants have stated that they operate a 271 day working year which means that the maximum extraction rate would be just over 65,000 tonnes and this rate would be acceptable to them The applicant therefore proposes that Condition 14 is varied to include the following wording; This requirement shall not be necessary provided that production rates are limited to a maximum of 65,000 tonnes in any twelve month period, to be monitored by the production of appropriate measurements. In the event that tonnages are exceeded the original conditions of T122/91 to come into effect again Condition 18 Condition 18 of the current consent requires that the development be completed within 16.5 years of the commencement of operations. This condition states; The development hereby approved shall be completed, including all restoration works and the removal of all plant, machinery, hardstanding areas, roads and other construction works by no later than 16 years pius 6 months from the date of the implementation of this consent The applicants consider that the above Condition would entail a Planning Expiry date of October 2014. Due to the small scale nature of extraction on this site to date, and the proposed amendments to Condition 14 above, Lafarge Tarmac do not envisage excavation of reserves being completed within the above timescale. To this end the company proposes an extension of this time limit until 31 October 2029 to allow sufficient time to complete extraction of currently permitted mineral. The applicant proposes that Condition 18 is altered to read; The development herby approved shall be completed, including all restoration works and the removal of all plant, machinery, hardstanding areas, roads and other construction works by no later than 31 October 2029 No other alterations to the scheme are proposed. This includes the permitted mineral extraction area, depth of workings, method of working or environmental compliance. Operational activities at the quarry will take place on Monday to Saturday and working hours will be 0700-1800hrs Monday to Friday and 0800-1300 on Saturdays. In the supporting statement the applicants state that the site consists mainly of fine grain sand which is used in the production of asphalt. There are other currently Planning and Building Standards Committee 2
workable/consented areas within the Central Scotland and for this reason the site has not been worked to full capacity to date. They consider that the production of a limited rate of tonnage from the site would alleviate pressures and wastage from sites elsewhere. PLANNING HISTORY Planning consent T122/91 granted in April 1993 for the extraction of sand and gravel, subject to 32 conditions Planning consent 97/00683/MIN granted in March 1998 to vary 4 conditions on original consent including removal of condition 14 requiring applicant to install a right hand turning lane on the A702, prior to the commencement of development, in respect of a limited tonnage. The above consent had a 5 year time limit and, as this has now expired, the conditions on the original consent are still valid. 99/00138/FUL construction of right hand turn lane at junction of A702 with Garvald Road approved March 1999 REPRESENTATION SUMMARY No representations have been received. APPLICANTS SUPPORTING INFORMATION Supporting letter Transport Statement DEVELOPMENT PLAN POLICIES: Scottish Borders Structure Plan 2001-2018: Policy N6 Environmental Impact Policy N7 Protection of Nature Conservation Interest Policy N9 Maintaining Landscape Character Policy N11 _ Areas of Great landscape Value Policy N15 Regional and Local Archaeological Sites Policy N16 Archaeological Evaluation, Preservation and Recording Policy N20 Design Policy E6 Safeguarding Mineral deposits Policy E7 Minerals and Sustainability Policy E16 Rural Economic Development Policy I13 Water Quality Policy I14 Surface Water Scottish Borders Consolidated Local Plan 2011 Policy BE2 Archaeological Sites and Ancient Monuments Policy NE3 Local Biodiversity Policy NE5 Development Affecting the Water Environment Policy Inf2 Protection of Access Routes Policy Inf5 Waste Water Treatment Standards Policy G1 Quality Standards for New Development Planning and Building Standards Committee 3
Policy D1 Business, Tourism and Leisure Development in the Countryside Policy EP2 Areas of Great Landscape Value Policy R3 Mineral and Coal Extraction OTHER PLANNING CONSIDERATIONS: SPG on Landscape and Development SPG Local Landscape Designations (Special Landscape Area 9: Pentland Hills) OTHER PLANNING CONSIDERATIONS: None CONSULTATION RESPONSES: Scottish Borders Council Consultees Archaeology Officer: There are no archaeological implications for this proposal. Landscape Officer: No comment Outdoor Access Officer: According to the records held in the Planning & Economic Development Section there is one claimed right of way adjacent to this area of land, (Rights of Way Code BT28). Rights of Way are protected by law under the Countryside (Scotland) Act 1967 sec. 46 It shall be the duty of a planning authority to assert, protect, and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area. The above mentioned right of way is also core path 169. Under section 17 of the Land Reform (Scotland) Act 2003 local authorities have a duty to produce a core path plan. The core path plan was adopted on the 8 th December 2009 by the Scottish Government; the core paths shall be protected in a similar way to rights of way. Ecology Officer: There are no significant ecological issues regarding the proposed variation of conditions 14 and 18 for this development. Roads Planning Officer: Condition No 14 relates to upgrading of the junction between the minor road and the A702 and specifically with regards to the provision of a right hand turn lane in the A702, this is a trunk road and it is therefore the responsibility of Transport Scotland to comment. I note from the planning file that they have no objections to the proposed amendment. I have no objection to condition 18 being modified. Statutory Consultees Transport Scotland: Do not advise against granting planning consent. SEPA: Have reviewed the proposed variations of conditions 14 and 18 and have not identified any concerns. No comments to make on proposed variation. Scottish Water: No comments received Planning and Building Standards Committee 4
Community Council: No comments received Other Consultees None KEY PLANNING ISSUES: Whether the proposal to amend conditions 14 and 18 on consent T122/91 is acceptable and complies with the relevant policies relating to mineral workings and the environment. ASSESSMENT OF APPLICATION: In the Structure Plan it is stated that the Council is committed to ensuring that an adequate supply of minerals exists to meet local needs. Structure Plan Policy E8 provides guidance on zones of sensitivity and identifies areas of search. The application site is within an area of search. Policy R3 of the Scottish Borders Local Plan aims to ensure that mineral working is carried out with minimal impact on the environment and with appropriate restoration following extraction. As the proposal seeks to amend a current and extant planning permission the question of the principle of mineral extraction at Ingraston is not open to challenge. It is only the matter of whether the proposed changes to the terms of the extant consent are reasonable and whether they will have a significant detrimental impact on the locality. In considering the conditions, the tests of validity set out in planning circular 4/1998 should be taken into account, namely, that any condition should be: necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects. Condition 14 The site is located close to a trunk road which provides good access to Central Scotland. The applicants have indicated that half the materials removed will go west and the remaining will go towards the east. It is noted that the nearby Garvald Quarry which, although within South Lanarkshire, used the same route onto the A702 has now ceased to be operational. In addition, the Garvald Road has already been widened to accommodate HGV vehicles and the necessary road improvements in accordance with conditions 12 and 13 on the original consent have been complied with and are no longer necessary. Since the original consent was granted there has been an increase of at least ten residential properties in the immediate locality including a detached bungalow and equestrian centre located close to the new entrance for the quarry. All of the properties are set back from the Garvald Road and there is a footway along part of the route. Planning and Building Standards Committee 5
The proposed restriction of the maximum amount of tonnage to be removed and the limit set by Transport Scotland on the number of quarry vehicles carrying material that can use the junction on a daily basis will limit the impact of the quarry traffic on the amenity of the area. Although there will be some impact on the local community, it is considered that this with not be of such a significant scale as to warrant refusal of this application. The original condition states that the development shall not commence until the right hand turn has been put in place. The development has already commenced and therefore it would not be appropriate to revert back to this condition. It is suggested that the condition should be modified to reflect that right hand turn land would only be required if productions rates of 65,000 tonnes in any 12 month period were exceeded. In the Transport Statement it is indicated that existing vegetation restricted forward visibility to right turning traffic from A702 to Garvald Road and indicated that this should be trimmed back as a mitigating measure to support the development. As this vegetation is located outwith the application site it may be difficult for the applicant to control. However, it is considered appropriate that an informative should be placed on any consent, should members be minded to approve the application, advising the applicant that appropriate action should be taken to achieve this. Condition 18 To date, although there is an extant consent for the extraction of sand and gravel from this site and the infrastructure has been put in place, only limited amounts of material have been removed from the site and the majority of the mineral reserve remains. It is considered appropriate and sustainable that this approved site should remain operational rather than creating a need for an alternative resource to be found and worked elsewhere at a later date. An outline restoration plan has been submitted with the application indicating that at the end of the extraction period the site will be restored to agricultural land. The site is located within the recently designated Special Landscape Area 9 Pentland Hills. It is considered that the long term proposal to return the site to agricultural land is acceptable and the extraction of sand and gravel will not have a permanent detrimental impact on the landscape. On the basis that there is limited landscape or environmental impact through the continued operation of the quarry, and there are suitable restoration proposals, the proposal to amend condition 18 to allow the workings to continue until 2029 is acceptable. CONCLUSION It is considered that it is appropriate to extend the life of the existing sand and gravel workings for a further period of 16 years to ensure that there will be an adequate supply of sand and gravel to supply the local market in Central Scotland. The proposed limit on the maximum amount of tonnage extracted during any 12 month period will result in the control of daily vehicular movements which will limit the impact on local residents and also remove the requirement for a right hand turn from the A702 onto the Garvald Road. If, at any time, the applicant proposes to increase production, the right hand turn will be required. RECOMMENDATION BY HEAD OF PLANNING AND REGULATORY SERVICES: Planning and Building Standards Committee 6
I recommend that the application is approved subject to conditions and an Informative as follows: 1. The development to be carried out in accordance with the approved scheme of working, detailed in the method statement accompanying the application, except in so far as the statement is amended by any of the following conditions. Reason: To ensure the satisfactory development of the site and to safeguard the amenity of the surrounding area. 2. Revised proposals for the working of phases 2, 4 and 6, including the retention of a bund along the edge of this part of the extraction area to be submitted for the approval of the Planning Authority prior to the re- commencement of mineral extraction at the site. Reason: To provide enhanced opportunities for screen planting and to provide additional protection to Sandy Nick Cottage, both to safeguard the amenity of the area. 3. Workings shall be phased and controlled in such a manner that at any one time the minimum area is disturbed or left unrestored in a condition unfit for agricultural use. At no time shall an area of greater than 1 ha (excluding the areas designated for stockpiles, plant and machinery) be disturbed or left unrestored. Reason: To ensure the orderly development of the site; to reduce visual intrusion and to minimise the spread of dust particles in the interests of amenity. 4. No mineral extraction shall commence until all soils have been stripped to full available depth from the relevant extraction phase. Work routines for stripping operations shall be designed to minimise vehicle traffic on unstripped land and at all times the mechanical handling and compaction of soil shall be minimised. Top soil and sub-soils shall be carefully stored in separate dumps and prevented from mixing. Top soil dumps shall not exceed 6m in height and shall be grass seeded at the earliest opportunity. All dumps shall be evenly graded and tops shaped to prevent water ponding. At least 3 working days notice shall be given to the Planning Authority before work commences on the stripping or movement of soils and the Planning Authority reserves the right to suspend operations during adverse weather conditions. Reason: To prevent damage to the soil structure and to enable sound agricultural restoration. 5. Bind-free soil forming material found during the course of the operations shall be recovered where practicable and stored for use in the final restoration of the site. This material shall be used to replace shortages of sub-soil or top soil or to cap overburden sub-soil or top soil. Reason: To enable sound agricultural restoration. 6. All soils shall be retained on site and none shall be sold off or removed from the site. Reason: To enable sound agricultural restoration; to minimise the movement of soils and to minimise traffic movements outwith the site. 7. All injurious weeds (as defined in the Weeds Act 1959) on the site shall be treated with weedkiller or cut to prevent spreading within the site or to adjoining agricultural land. Reason: To protect agricultural land outwith the site from damage. Planning and Building Standards Committee 7
8. Measures shall be taken to control ground vermin within the site during the period of the operations. Reason: To protect agricultural land outwith the site from damage. 9. Prior to the commencement of any further extraction at the site, details shall be submitted for the approval of the Planning Authority of all existing perimeter fences to be retained and new fences to be erected. All fences shall subsequently be maintained in a stockproof condition until restoration of the site is complete. Reason: To ensure that there is no unauthorised incursion of farm stock onto the site. 10. All areas within the site not subject to extraction, used for the siting of plant, machinery or stockpiles, or planted up in accordance with condition number 11 shall be fenced off to permit continued grazing during the period of the operations. Reason: To protect areas of nature conservation interest. 11. Details of a tree planting scheme shall be submitted before mineral extraction re-commences for approval by the Planning Authority, the planting to be carried out within the first planting season following approval of the application and to be maintained thereafter to the satisfaction of the Planning Authority. Reason: To ensure the adequate screening of the site to safeguard the visual amenity of the area. 12. The production rates at the site are limited to a maximum of 65,000 tonnes in any twelve month period, to be monitored by the production of appropriate measurements, which shall be submitted to the Planning Authority on an annual basis. In the event that the agreed tonnages are exceeded, no further material shall be removed from the site until the junction of the D14/1 Garvald road and the A702 trunk road is provided with a right turn lane on the trunk road in accordance with a scheme that shall be submitted to and approved by the Planning Authority in consultation with Transport Scotland. Reason: The existing junction is not considered to be of the standard required for any additional vehicular movements from the quarry site in the interests of road safety 13. No mineral extraction shall re-commence at the site until details (including a timescale for implementation) have been submitted to and approved by the Planning Authority for the treatment and disposal of surface water and sewerage from the site, and for the maintenance interception or diversion of existing ditches, streams or watercourses passing through the site. Throughout the period of working and restoration all watercourses shall be protected and maintained to the satisfaction of the Planning Authority. Reason: To protect agricultural land and watercourses from damage by impeded drainage or pollutants. 14. Any oil, fuel, lubricant, paint or solvent within the site shall be stored within a suitable bund or other means of enclosure, constructed to the satisfaction of the Planning Authority to prevent such material from contaminating top soil or subsoil or reaching any watercourse. Reason: To protect land and watercourses from damage by pollutant agents. Planning and Building Standards Committee 8
15. The development herby approved shall be completed, including all restoration works and the removal of all plant, machinery, hardstanding areas, roads and other construction works by no later than 31 October 2029. Reason: To permit excavation and restoration of the application site beyond the originally permitted timescale. 16. That in the event of operations on the site ceasing for a continuous period of 12 months or more, the Planning Authority shall deem the operations to have ceased permanently, and shall require the immediate implementation of the approved restoration scheme, or an alternative restoration scheme agreed in writing by the Planning Authority. Reason: In order that the Planning Authority may retain effective control of the development and to ensure the satisfactory reinstatement of the site. 17. That the hours of operation for all working, including extraction, loading, dispatching, maintenance and any other ancillary works shall be limited to 7.00am to 6.00pm Mondays to Fridays and 8.00am to 1.00pm on Saturdays and that no operations shall be permitted outwith these hours without the prior written consent of the Planning Authority. In addition no operations shall be permitted on 25th and 26th December and 1st and 2nd January. Reason: In the interests of amenity. 18. No plant or machinery shall operate at the site unless it is silenced so as to comply with the best practical standard, the details of any noise mitigation measure shall be submitted for the approval of the Planning Authority. Reason: To reduce noise levels to the minimum reasonably achievable in the interests of amenity. 19. Unless otherwise agreed in writing by the Planning Authority any pumps used on the site shall be electric powered. Reason: For the suppression of noise in the interests of amenity. 20. Unless otherwise agreed in writing by the Planning Authority any generators used on the site shall be housed with sound attenuating material and mounted on vibration absorbing pads. Reason: For the suppression of noise in the interests of amenity. 21. No mineral extraction shall re- commence until details showing the methods to be adopted to control dust emissions from the site have been submitted to and approved by the Planning Authority. Reason: In the interests of the amenity. 22. All plant and machinery used on the site shall be installed and maintained in such a manner as to minimise the release of dust and shall wherever possible incorporate dust suppression and collection equipment. The details of the dust suppression measures shall be submitted for the approval of the Planning Authority. Reason: In the interests of amenity. 23. No vehicle shall enter or leave the site unless its payload is adequately covered in order to prevent the spread of dust. Reason: In the interests of amenity. 24. Notwithstanding the terms of Part 16 of Schedule 1 of the Town & Country Planning (General permitted Development)(Scotland) Order 1992 no buildings, Planning and Building Standards Committee 9
plant or machinery, including that of a temporary nature, other than that specified in the method statement accompanying this application, shall be erected, placed or installed within the site without the prior consent of the Planning Authority. Reason: In order that the Planning Authority may maintain effective control of the development in the interests of amenity. 25. The developer (a) shall give a minimum of two weeks notice in writing of commencement of works on each extraction phase to the Planning Authority and no works shall commence on site until the two weeks period has expired and (b) shall afford access to the site to the Regional Archaeologist at all reasonable times to allow the observation of excavations and the recording of items of interest and finds. Reason: The site is of archaeological interest. 26. Mineral extraction shall not re- commence until a revised restoration plan has been submitted to and approved by the Planning Authority, showing the final contours to be achieved in restoration of the site, together with details of any associated drainage or other ground works and including written specifications for finished depths of soils, method of replacement soils and a programme for the monitoring and aftercare of restoration works. Reason: In order that the Planning Authority may retain effective control of the development and to ensure the satisfactory reinstatement of the site. 27. Before mineral extraction recommences the developer shall either lodge with the Planning Authority a bond of a value to be agreed in respect of the costs for restoration of the site or shall make financial arrangements to the satisfaction of the Planning Authority to ensure adequate restoration of the site. Reason: To safeguard the satisfactory reinstatement of the site. 28. Prior to the re-commencement of mineral extraction, details showing the provision of adequate welfare facilities, including toilet provision, shall be submitted for the approval of the Planning Authority, the facilities, if required, shall be installed within 1 month of the re-commencement of development. Reason: In the interests of the amenity. Informative The roadside vegetation at the junction of the A702 and Garvald Road needs to be cut back to ensure that there is satisfactory visibility at this junction. The applicant is advised to take the appropriate steps to contact the land owner and ensure that the removal of vegetation takes place and that the required visibility is maintained. DRAWING NUMBERS D90/004 Location Plan D090/02A Planning Mo7.168.01 Restoration Plan Planning and Building Standards Committee 10
Approved by Name Designation Signature Brian Frater Head of Planning and Regulatory Services The original version of this report has been signed by the Head of Planning and Regulatory Services and the signed copy has been retained by the Council. Author(s) Name Dorothy Amyes Designation Planning Officer Planning and Building Standards Committee 11
Planning and Building Standards Committee 12