Agenda item

Report by the Director for Planning & Place (PN6).

This application is for continuation of winning and working of limestone and clay at Dewars Farm without complying with conditions 1 and 2 to allow the quarry to continue operating beyond 2020, to permit working until 2028 and for restoration by 2029. No additional vehicular movements to that originally envisaged are being proposed. There is no routeing agreement associated with the existing permission. The application is being reported to this Committee as objections have been received from the Local Member and Middleton Stoney Parish Council. 

The proposal is considered to accord generally with development plan policies.

It is RECOMMENDED that planning permission for Application MW.0102/18 be approved subject to conditions to be determined by the Director for Planning and Place but to include matters set out in Annex 2 to the report PN6. 

The Committee considered (PN6) an application to continue winning and working of limestone and clay at Dewars Farm without complying with conditions 1 and 2 to allow the quarry to continue operating beyond 2020, to permit working until 2028 and for restoration by 2029.

Mary Hudson presented the report together with an addenda sheet setting out a number of amendments to the detail in the report but no change to the printed recommendation.

Martin Layer spoke for the applicants. Outlining a brief history of quarrying at Ardley he then explained how, due to the recession when the current operation began, demand for and sales of aggregates had slumped. The consequence of that was that the date for completion and restoration originally set for 2020 with restoration by 2021 could not be met without leaving a considerable amount of unworked reserves of limestone in the ground. This application asked for additional time to recover those reserves and supply them into the local construction market where demand was currently high and as Dewars Farm Quarry produced crushed and graded limestone aggregates which were all bulky and heavy it seemed sensible to source as much material locally.  That said Smiths were acutely aware of the concerns of local communities about lorry traffic at all their sites across the County and although there hadn’t been any complaints from residents about the actual quarrying operation at Dewars Farm, lorries did feature regularly on the agenda of the joint liaison meetings with Middleton Stoney and Ardley parish councils. Those concerns were particularly true for residents on the cross roads at Middleton Stoney and along the B4030.  However, the B4030 east through Middleton Stoney provided a shorter and faster alternative to the M40, A41 and congestion at Junction 9.  Smiths maintained that congestion at the crossroads at Middleton Stoney and the impacts this had for the residents along the B4030 was a strategic matter which was rightly being investigated by the County Council and could not be resolved by targeting a single operator through a routeing agreement, as the village would still face all the other heavy traffic continuing to travel to and from development sites. Smiths supported a weight restriction east of Middleton Stoney on the B4030 Bicester Road that restricted all hauliers and as such had offered their support to Middleton Stoney Parish Council. However, as this application was not seeking any changes to the current permitted development other than additional time any calls for restrictions on movements would be unnecessary and unreasonable.

He then responded to questions from:

Councillor Roberts – he confirmed that figures for arriving at an end date of 2028 had been reached after setting production at 250,000 tonnes pa.  That time would reduce if demand increased.

Councillor Webber – he confirmed that the recession had affected demand with sales at times below 100,000 tonnes pa.  This application counterbalanced that.

Councillor Haywood – he confirmed that lorry movements were split roughly 50/50 between a north and south direction.

Councillor Sames – any restriction on Dewars Farm traffic would account for only 80 loads (160 traffic movements) with remaining traffic unaffected. A weight limit on B4030 would be more useful.

Councillor Fitzgerald-O’Connor – the standard hours of operation applied to working on site.

Councillor Ian Corkin then spoke as local member. Thanking those members who had visited he outlined the many issues which faced Middleton Stoney The crossroads were very 19^th century and suffered greatly from traffic movements serving local growth and development. He then showed some pictures showing the congestion which was particularly bad early morning and late afternoon. While accepting that the Dewars Farm operation was not solely responsible for the problems facing Middleton Stoney it was a significant contributor and he asked the Committee take the issues regarding public health, air quality and the built environment seriously and reject the application.  If the Committee were minded to approve then it should do so with a routeing agreement attached.

He then responded to questions from:

Councillor Phillips – in the short-term resurfacing to reduce noise and phasing of the traffic lights could help mitigate against traffic issues. In the longer term a bypass was obviously the answer but that would invariably bring extra development.

Councillor Gawrysiak – work was being done to model where traffic was coming from and going to.  Limiting movements to avoid certain times such as post 10 am could help but difficult to be precise about that pending the current assessment work. Also limiting movements could help but whatever was agreed traffic would still need to use the crossroads.

Mr Periam added that restrictions earlier in the day could lead to more movements during the day.  In any event a condition to that effect couldn’t be attached without first speaking to the applicants.

Councillor Fox-Davies – it would be possible to compare Dewars Farm quarry traffic against other traffic after the latest survey and monitoring.

Councillor Matelot – 160 movements had a significant impact on both the local road network and quality of life for residents adding that the 2003 application had offered a routeing agreement.

Mr Periam confirmed that that had been the case but that had been withdrawn when permission had been won on appeal. The view now of county transport officers was that a routeing agreement was not justified.

Councillor Fitzgerald-O’Connor – some properties had undertaken noise mitigation measure but with limited effect as they were very close to the road.

Responding to Councillor Johnston Mr Periam confirmed that any attempt to attach a routeing agreement now would be unlikely to pass the test of reasonableness and would be difficult to defend at appeal.

To Councillor Webber he confirmed that the Committee needed to consider the application in front of it and could not call it back for review at a future date. Regarding any proposal to limit movements to certain times of the day that would again have to be considered under the tests of reasonableness and the applicants given time to consider it.  That would require a deferral and would not in any event be officer advice to Committee. 

To Councillor Johnson he confirmed a deferral could also result in an appeal on grounds of non-determination and any moves to work with Cherwell DC to monitor air pollution would need representations to be made to the Cabinet Member for Environment.

Councillor Sames felt there were significant serious issues for human health and impact on residents and therefore grounds to impose a routeing agreement and weight restriction order.

Mr Periam reiterated that officer advice was that because vehicle movements were not being increased that would be unlikely to be achievable.

RESOLVED: (on a motion by Councillor Reynolds, seconded by the Chairman and carried by 12 votes to 1) that:

(a)          planning permission for Application MW.0102/18 be approved subject to conditions to be determined by the Director for Planning and Place but to include matters set out in Annex 2 to the report PN6. 

(b)          the Chairman write to the Cabinet Member for Environment requesting that Oxfordshire County Council work actively with Cherwell DC to carry out effective air pollution monitoring in Middleton Stoney.