Agenda item

Application 1- 10/01516/CM  to continue development without complying with condition A3 of planning permission reference APP/U3100/A/06/2030592 (to extract sand and gravel from land south-west of Finmere, including the relocation of plant and restoration of the quarry using imported inert waste to agriculture, woodland and grassland)for an extension of the life of the development of the consented extension to Finmere Quarry.

 

Application 2 – 10/01515/CM to continue development without complying with condition B3 of planning permission reference APP/U3100/A/06/2030619 (extraction of sand, gravel and clay from land south of the current Finmere Quarry landfill facility for use at the site for landfill engineering) for an extension of the life of the development of the consented extension to Finmere Quarry.

 

Report by Interim Head of Sustainable Development (PN5)

 

The report describes two applications to extend the end date of existing permissions at Finmere Quarry in Cherwell District. Planning permission has just been granted (in November 2010) to extend the period for commencement of these development by a further 3 years. Accordingly there is a need to extend the end date of existing permissions for application 1 by 3 years for application 2 by 5 years.  The report outlines the consultation responses received, comments from third parties, relevant development plan and other policies and key considerations.

 

Application 1

 

It is RECOMMENDED that planning permission for Application 10/01516/CM be granted subject to the same conditions attached to the earlier consents and covering the following matters:

 

(1)               Detailed compliance condition;

(2)               Commencement date – 3 years (October 2012);

(3)               Extraction to cease by 2016 and deposit of waste cease by 2018;

(4)               Extraction limited to sand and gravel and no clay extraction;

(5)               Removal of buildings, plants and machinery within 1 year of cessation of mineral working;

(6)               No commencement of mineral extraction until approved pre-development works including diversion of Bridleway 4 had been carried out;

(7)               No construction of silt pond except in accordance with the approved plan;

(8)               Display of copy of the permission and approved plans in the operator’s office;

(9)               No importation of aggregate to the site except from the adjacent permitted land;

(10)          Restriction of permitted development rights;

(11)          Carrying out of operation according to agreed operating hours;

(12)          Use of access according to approved plans;

(13)          No mud on the public highway;

(14)          Carrying out of development in accordance with approved wheelwash system;

(15)          No development shall take place except in accordance with approved dust suppression measures;

(16)          Limitation on noise level (to agreed level);

(17)          Effective silencers to be provided on plant, machinery and vehicles;

(18)          Noise emitted from the site shall not contain any discrete continuous noise;

(19)          Reversing vehicles shall not emit warning noise that may have adverse impacts on neighbours or properties;

(20)          Chemical or fuel storage containers to be sited on impervious surface with bund walls;

(21)          Repair, maintenance and refuelling of plant and machinery to take place on an impervious surface drained to an interceptor;

(22)          No permanent dewatering of the Great Oolite Series aquifer. Temporary dewatering shall not take place except in accordance with an approved scheme;

(23)          No external lighting to be installed at the site except in accordance with an approved scheme;

(24)          No development to take place until the developer had secured  implementation of a programme of archaeological investigation;

(25)          No removal of trees or hedgerows to take place between 1 March and 31 August inclusive in any year;

(26)          Mitigation measures for protected species according to approved scheme;

(27)          No removal of trees containing bat roosts;

(28)          Straw bales to be erected according to approved restoration plan;

(29)          All disturbed areas of the site and all topsoil, soil making material and overburden mounds to be kept free from agricultural weeds;

(30)          Temporary soil storage bunds to be grass seeded;

(31)          All topsoil and subsoil to be permanently retained on site and used in restoration;

(32)          Topsoil, subsoil and soil making material to be stripped in a dry and friable condition;

(33)          Soil handling, storage and placement to be carried out in accordance with the approved scheme;

(34)          Temporary soil storage bunds shall not exceed 5 metres in height;

(35)          Restoration to be completed only in accordance with the approved restoration scheme;

(36)          Detail of planting for grassland restoration area to be agreed;

(37)          An aftercare scheme to be submitted within 5 years of the permission;

(38)          Operator to provide a detailed annual aftercare programme before 31 March of every year during the aftercare period;

(39)          Operator to arrange a site meeting before 31 March of every year during the aftercare period;

(40)          No deposit of waste other than inert waste.

 

 

Application 2

 

It is RECOMMENDED that planning permission for Application 10/01515/CM be granted subject to the same conditions attached to the earlier consents and covering the following matters:

 

(1)               Detailed compliance condition;

(2)               Commencement date – 3 years (October 2012);

(3)               Extraction to cease by 2017, deposit of waste to cease by 2018 and restoration to be completed by 2019;

(4)               Display of copy of the permission and approved plans in the operator’s office;

(5)               Mineral excavated from the site not to be transported on to the public highway;

(6)               No quarry rejects materials to be imported to the site except from the permitted area;

(7)               No stockpiling of clay on site;

(8)               No soil stripping until Bridleway 7 has been temporarily diverted;

(9)               Restriction of permitted development rights;

(10)          Carrying out of operation according to agreed operating hours;

(11)          No extraction of mineral below the approved level;

(12)          Use of access according to approved plans;

(13)          Provision of a site access road before commencement of soil stripping;

(14)          Water bowser to be used to eliminate visible dust;

(15)          Limitation on noise level (to agreed level);

(16)          Effective silencers to be provided on plant, machinery and vehicles;

(17)          Noise emitted from the site shall not contain any discrete continuous noise;

(18)          Reversing vehicles shall not emit warning noise that may have adverse impacts on neighbours or properties;

(19)          Chemical or fuel storage containers to be sited on impervious surface with bund walls;

(20)          Repair, maintenance and refuelling of plant and machinery to take place on an impervious surface drained to an interceptor;

(21)          Clay to be retained at the base of any extraction of at least 1 metre thickness;

(22)          No permanent dewatering of the Great Oolite Series aquifer. Temporary dewatering shall not take place except in accordance with an approved scheme;

(23)          No external lighting to be installed at the site except in accordance with an approved scheme;

(24)          No development to take place in phase 2 until the developer has secured the implementation of a programme of archaeological investigation;

(25)          No removal of trees or hedgerows to take place between 1 March and 31 August inclusive in any year;

(26)          No removal of trees containing bat roosts;

(27)          All disturbed areas of the site and all topsoil, soil making material and overburden mounds to be kept free from agricultural weeds;

(28)          Temporary soil storage bunds to be grass seeded;

(29)          Straw bales to be erected according to approved restoration plan;

(30)          All topsoil and subsoil to be permanently retained on site and used in restoration;

(31)          Topsoil, subsoil and soil making material to be stripped in a dry and friable condition;

(32)          Soil handling, storage and placement to be carried out in accordance with the approved scheme;

(33)          Temporary soil storage bunds shall not exceed 5 metres in height;

(34)          Restoration to be completed only in accordance with the approved restoration scheme;

(35)          Detail of planting restoration area to be agreed;

(36)          An aftercare scheme to be submitted within 5 years of the permission;

(37)          Operator to provide a detailed annual aftercare programme before 31 March of every year during the aftercare period.

(38)          Operator to arrange a site meeting before 31 March of every year during the aftercare period.

 

 

In 2007 the Committee had granted permission for two applications at Finmere Quarry with conditions attached requiring a start date within three years.  Neither permission had yet been implemented.  In November 2010 consent had been granted under delegated powers to extend the period for commencement and the Committee were now being asked to extend the end date of the existing permissions.

 

Mr Kerford–Byrnes referred to the long history of problems at this site. A further extension would mean residents having to endure yet further intrusive operations at this site with restoration put back many years.  He considered the proposal contrary to Policy W7 and urged the Committee to refuse the applications.

 

Guy Titman stated that the extensions were required because of delays in implementation due to unexpected economic conditions and complications with land ownership.  The only change being sought to the original permission was the end date for each.  Many of the statutory consultees had not objected and Policy W7, referred to by Mr Kerford-Byrnes was not relevant.  There was a need for sand and gravel in order to meet Oxfordshire’s current landbank requirement and he urged the Committee to approve the application.

 

He responded to questions from:

 

Councillor Seale – restoration of the sand and gravel site would be to agriculture, wetlands and woodland and the clay extraction site to agriculture.

 

Councillor Sanders – refusal could jeopardise restoration.  The applicant had wanted to complete the work within the originally agreed timescales but had not foreseen the economic downturn or problems of land ownership.  He could not guarantee that there would be no further applications for extensions.

 

Councillor Mathew – the economic downturn could not have been foreseen and if the permission for sand and gravel extraction had lapsed a valuable mineral resource would have been lost. Land ownership complications had affected renegotiation of the contract.

 

Councillor Mrs Fulljames referred to the long history of non-compliance at this site and advised that she would not be supporting the applications.

 

Councillor Mathew considered the reasons given for the delay were ultimately commercial risks and did not in themselves justify changes to the original conditions.

 

Councillor Tanner considered that there were no planning reasons sufficient to warrant refusal of the applications and he moved and Councillor Hannaby seconded that the recommendations as set out in the officer report be approved.

 

The motion was put to the Committee and –

 

RESOLVED (by 11 votes to 3) that:

 

(a)       that planning permission for Application 10/01516/CM be granted subject to the same conditions attached to the earlier consents and covering the following matters:

 

(1)               Detailed compliance condition;

(2)               Commencement date – 3 years (October 2012);

(3)               Extraction to cease by 2016 and deposit of waste by 2018;

(4)               Extraction limited to sand and gravel and no clay extraction;

(5)               Removal of buildings, plants and machinery within 1 year of cessation of mineral working;

(6)               No commencement of mineral extraction until approved pre-development works including diversion of Bridleway 4 had been carried out;

(7)               No construction of silt pond except in accordance with the approved plan;

(8)               Display of copy of the permission and approved plans in the operator’s office;

(9)               No importation of aggregate to the site except from the adjacent permitted land;

(10)          Restriction of permitted development rights;

(11)          Carrying out of operation according to agreed operating hours;

(12)          Use of access according to approved plans;

(13)          No mud on the public highway;

(14)          Carrying out of development in accordance with approved wheelwash system;

(15)          No development should take place except in accordance with approved dust suppression measures;

(16)          Limitation on noise level (to agreed level);

(17)          Effective silencers to be provided on plant, machinery and vehicles;

(18)          Noise emitted from the site should not contain any discrete continuous noise;

(19)          Reversing vehicles should not emit warning noise that might have adverse impacts on neighbours or properties;

(20)          Chemical or fuel storage containers to be sited on impervious surface with bund walls;

(21)          Repair, maintenance and refuelling of plant and machinery to take place on an impervious surface drained to an interceptor;

(22)          No permanent dewatering of the Great Oolite Series aquifer. Temporary dewatering should not take place except in accordance with an approved scheme;

(23)          No external lighting to be installed at the site except in accordance with an approved scheme;

(24)          No development to take place until the developer had secured  implementation of a programme of archaeological investigation;

(25)          No removal of trees or hedgerows to take place between 1 March and 31 August inclusive in any year;

(26)          Mitigation measures for protected species according to approved scheme;

(27)          No removal of trees containing bat roosts;

(28)          Straw bales to be erected according to approved restoration plan;

(29)          All disturbed areas of the site and all topsoil, soil making material and overburden mounds to be kept free from agricultural weeds;

(30)          Temporary soil storage bunds to be grass seeded;

(31)          All topsoil and subsoil to be permanently retained on site and used in restoration;

(32)          Topsoil, subsoil and soil making material to be stripped in a dry and friable condition;

(33)          Soil handling, storage and placement to be carried out in accordance with the approved scheme;

(34)          Temporary soil storage bunds should not exceed 5 metres in height;

(35)          Restoration to be completed only in accordance with the approved restoration scheme;

(36)          Detail of planting for grassland restoration area to be agreed;

(37)          An aftercare scheme to be submitted within 5 years of the permission;

(38)          Operator to provide a detailed annual aftercare programme before 31 March of every year during the aftercare period;

(39)          Operator to arrange a site meeting before 31 March of every year during the aftercare period;

(40)          No deposit of waste other than inert waste.

 

 

(b)               that planning permission for Application 10/01515/CM be granted subject to the same conditions attached to the earlier consents and covering the following matters:

 

(1)               Detailed compliance condition;

(2)               Commencement date – 3 years (October 2012);

(3)               Extraction to cease by 2017, deposit of waste to cease by 2018 and restoration to be completed by 2019;

(4)               Display of copy of the permission and approved plans in the operator’s office;

(5)               Mineral excavated from the site not to be transported on to the public highway;

(6)               No quarry rejects materials to be imported to the site except from the permitted area;

(7)               No stockpiling of clay on site;

(8)               No soil stripping until Bridleway 7 had been temporarily diverted;

(9)               Restriction of permitted development rights;

(10)          Carrying out of operation according to agreed operating hours;

(11)          No extraction of mineral below the approved level;

(12)          Use of access according to approved plans;

(13)          Provision of a site access road before commencement of soil stripping;

(14)          Water bowser to be used to eliminate visible dust;

(15)          Limitation on noise level (to agreed level);

(16)          Effective silencers to be provided on plant, machinery and vehicles;

(17)          Noise emitted from the site should not contain any discrete continuous noise;

(18)          Reversing vehicles should not emit warning noise that might have adverse impacts on neighbours or properties;

(19)          Chemical or fuel storage containers to be sited on impervious surface with bund walls;

(20)          Repair, maintenance and refuelling of plant and machinery to take place on an impervious surface drained to an interceptor;

(21)          Clay to be retained at the base of any extraction of at least 1 metre thickness;

(22)          No permanent dewatering of the Great Oolite Series aquifer. Temporary dewatering should not take place except in accordance with an approved scheme;

(23)          No external lighting to be installed at the site except in accordance with an approved scheme;

(24)          No development to take place in phase 2 until the developer had secured the implementation of a programme of archaeological investigation;

(25)          No removal of trees or hedgerows to take place between 1 March and 31 August inclusive in any year;

(26)          No removal of trees containing bat roosts;

(27)          All disturbed areas of the site and all topsoil, soil making material and overburden mounds to be kept free from agricultural weeds;

(28)          Temporary soil storage bunds to be grass seeded;

(29)          Straw bales to be erected according to approved restoration plan;

(30)          All topsoil and subsoil to be permanently retained on site and used in restoration;

(31)          Topsoil, subsoil and soil making material to be stripped in a dry and friable condition;

(32)          Soil handling, storage and placement to be carried out in accordance with the approved scheme;

(33)          Temporary soil storage bunds should not exceed 5 metres in height;

(34)          Restoration to be completed only in accordance with the approved restoration scheme;

(35)          Detail of planting restoration area to be agreed;

(36)          An aftercare scheme to be submitted within 5 years of the permission;

(37)          Operator to provide a detailed annual aftercare programme before 31 March of every year during the aftercare period.

(38)          Operator to arrange a site meeting before 31 March of every year during the aftercare period.