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ITEM PN8

PLANNING & REGULATION COMMITTEE –
4 APRIL 2005

MINERALS AND WASTE PLANNING APPLICATION

Report by Head of Sustainable Development

Development proposed:

To continue progressive extraction of soil, sand and clay, importation and resale of building materials, the erection of processing plant, concrete batching plant, building and weighbridge, the importation of materials for infilling and recycling including the erection of the recycling plant with progressive restoration to agriculture, nature reserve and lakes at Gill Mill Complex including Rushy Common, part of Tar Farm and land south east of Ducklington, Oxfordshire:-without complying with condition 4 (working phases) and condition 12 (operating hours) of permission 0109/94.

Applicant:

Smiths & Sons (Bletchingdon) Ltd., Enslow, Kidlington, Oxfordshire OX5 3AH

Application No: 04/2204/P/CM District Council area: West Oxfordshire

1. Smiths and Sons have applied for planning permission to continue the progressive extraction of soil, sand and clay and other activities listed under permission 0109/94 without complying with condition 4 (working phases) and condition 12 (operating hours) of this permission. Planning Permission 0109/94 covers 172 ha. Rewording of these conditions is proposed to accommodate the changes to working which Smiths wish to implement. Annex 1 sets out the proposed new conditions.
2. The working phases amendments would allow excavation of a small area of the Old Hardwick Brook (2ha) releasing approximately 40,000 tonnes of saleable sand and gravel and the enlargement of the Temporary Working Area by 9 ha to cover the whole of Phase 13. This enlargement is necessary to ensure that material is available for processing when ground conditions, such as flooding, prevent extraction from the current working phase.
3. The operating hours amendment would allow longer working hours, one hour in the morning and one hour in the evening, only in the plant complex.
4. The Gill Mill mineral working site covers a large area. The proposed changes to this application are relatively minor.

Location (see plan 1) (download as .doc file)

5. The Gill Mill complex lies within the Lower Windrush Valley about 1 kilometre south of the edge of Witney. Most of the site lies within an Area of High Landscape Value (AHLV).

The site and its setting (see plan 2) (download as .doc file)

6. The site extends from about 600 m south east of Ducklington to within 50 m of the northern edge of Hardwick. It is generally flat with the northern channel of the River Windrush and the New Hardwick Brook running through from the north west to the south east. The Old Hardwick Brook, now redundant, crosses the application site from the north-west to the south east.
7. Much of the application area has already been worked for sand and gravel and much has been restored to lakes. Working is continuing in the east of the site in the area known as Tar Farm. Extraction is currently taking place in Phase 3a. The processing plant is located to the north western end of the site.
8. Cogges Lane borders most of the north eastern edge of the site apart from the area known as Rushy Common which lies to the north of Cogges Lane.
9. Access to the site is via the existing access from the A415 approximately 700m south east of Ducklington.
10. Gill Mill House lies in the centre of but is not part of the site. Tar Farm cottages are located on Cogges Lane and lie on the north eastern border of Tar Farm.
11. South Leigh footpath No. 16 runs from the south west to the north east of the Tar Farm part of the site.

Details of Development

12. The three parts of the site affected by this development are: a) Phase 3, b) Phase 13 and c) Phase 14 and 15 (plant complex).

Phase 3

13. At present the sand and gravel extraction in Phase 3 is split in two by a redundant watercourse known as Old Hardwick Brook. Smiths wish to extract the gravel from under the Brook and from the margins around it. This change will yield an additional 40,000 tonnes of sand and gravel. They also wish to make a minor but permanent diversion of footpath South Leigh 16 so that it runs along the edge of Phase 3 adjacent to the existing field boundary which is proposed to be retained.
14. An Ecological Survey was carried out by the applicant which shows that much of the Old Hardwick Brook consisted of grassland vegetation similar to the surrounding fields and large patches of nettles on the floor and banks of the Brook. The Survey concluded that the Old Hardwick Brook provided for a limited range of invertebrates and small mammals and supported no wetland habitats and only isolated plants indicative of occasional flooding.
15. The proposed footpath diversion was the subject of a report to the Planning & Regulation Committee in February when it was agreed to submit the diversion order to the Secretary of State for a decision.
16. A revised restoration scheme for Phase 3 is provided which shows the restoration to three public amenity lakes, small ponds planted with reeds and a new reconstructed wet ditch.

Phase 13

17. The present permission allows for temporary working from 5.6 ha of Phase 13 so that production can continue from the site when other phases might be affected by flood. This allowance has now been largely used and Smiths wish to be able to work from the whole of this phase (an extra 9 ha). A revised restoration scheme shows the deposit of waste to give a series of graded shallows across the lake. About 4.5 ha of the south eastern part of Phase 13 ha already been restored. To restore the remaining area, it is estimated by the applicant, that 172,000cu.m of waste is needed, this figure combines 150,000 cu.m of imported reclamation materials and 22,000 cu.m of indigenous overburden and quarry waste. Infilling is already permitted under the current permission, no additional deposit of waste is proposed.

Extended working hours at the Plant Complex

18. Condition 12 of the existing consent, permission 0109/94, generally limits working and operation of the Plant Complex to the hours of 0700-1800 weekdays and 0700-1300 on Saturdays and no working on Sundays, bank holidays and Saturdays immediately after bank holidays.
19. The applicant wishes to extend these times during weekdays by 1 hour in the mornings and one hour in the evenings (i.e. allow working from 0600-1900) and one hour in the morning and afternoon on a Saturday (i.e. to allow working from 0600-1400). These changes would be confined to the Plant Complex.
20. Demand for sand and gravel has increased at the quarry since it first opened in 1989. As a result of this demand Smith and Sons have recently been operating for an additional hour at the processing plant, both in the morning and evening to supplement production. This operation was carried out as an experiment, with the knowledge of the County Council and the local Parishes, to find out if the additional hours of working would have a detrimental effect on the amenities of local residents.
21. Smith and Sons, after liaising with the local parishes, have advised officers that there has been no noticeable change in perceived noise levels locally.
22. If planning permission is granted for this proposal the applicant has agreed that the legal agreement, which is attached to permission 0109/94, should be reissued, with some small amendments. The agreement is for the routeing of vehicles, long term management of the site, annual payments to the Lower Windrush Valley Project, dedication to the lake north of Hardwick for private access, dedication for new access areas and footpaths and a programme of hydrological monitoring.

Background information and history

23. Planning permission was granted for the extraction and processing of sand and gravel at Gill Mill in 1988, permission no. W/732/87. This permission was subsumed by an extended permission at Gill Mill for the extraction of sand and gravel at Tar Farm and Rushy Common, permission no. 0109/94. The current application is to vary permission 0109/94.

Relevant Planning Policies

24. Oxfordshire Structure Plan 2011 adopted July 1996: (OSP)

EN1, EN2 (a), EN6 (b), M1, M2, M5, WD5, PE18, SH6

Oxfordshire Minerals and Waste Local Plan 1996: (OMWLP)

SD1, PE1, PE3, PE6, PE11, PE12, SH1 (a), SH4, SH5

West Oxfordshire Local Plan – adopted April 1997(WOLP)

C01, C013, CO14, CO18, CO19, CO20, CO21, R16

Oxfordshire Structure Plan 2016 – Deposit Draft (OSP draft)

EN1, M1, M2 (a)

Consultations

25. West Oxfordshire District Council – No objection subject to the following condition:

Condition: "Operations shall only take place between 08.00 and 17.00 hours Monday to Fridays within 350m of both Hardwick village and any other dwelling house in the locality"

26. South Leigh Parish Council – No major objections to the alteration of condition 4. However, we are against the idea of extending the operating hours, condition 12. The site is sufficiently far away from the main part of the parish that is does not disturb the villages but we feel that the isolated dwellings on Cogges Lane will be affected by the extension in operating hours by increased noise
27. Environment Agency – No objection on flooding grounds but would like the following conditions imposed:

Condition: There shall be no temporary or permanent raising of existing ground levels or storage of spoil or materials on the site above existing ground levels.

Reason: To prevent the increased risk of flooding due to impedance of flood flows and reduction of flood storage capacity.

Condition: Any walls or fencing constructed within or around the site shall be designed to be permeable to flood water.

Reason: To prevent obstruction to the flow and storage of flood water, with a consequent increased risk of flooding.

Condition: Details of the discharge into Hardwick Brook and River Windrush from Tar Farm Reserve Block shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Environment Agency.

Reason: To prevent derogation of surface water features.

Further advice is provided about main river consents, flooding and groundwater protection precautions.

28. Defence Estates – No objection
29. Ramblers Association

Cannot consider this application at Present:

1. We consider that if a permanent diversion is proposed it should form part of an overall access plan for the area of worked out pits and lakes between Cogges Lane and Hardwick. It appears that no attempt has been made to provide paths around the lakes already formed. This is a missed recreation opportunity and we resent being asked to accommodate further until it has been properly addressed.
2. If the Council cares to open discussion on how and when such access may be achieved, we may be able to consider the scheme as now proposed.
   
   
30. Suzi Coyne, Planning Agent for Mr and Mrs Montague in Gill Mill

Do not object but have the following comments:

1. We request that the group of mature ash trees at the upstream end of the Hardwick Brook are retained in reconstructing the ditch.
2. All the conditions, approved working and restoration schemes and other provisions of permission no. 010/94 as well as the terms of the isolated legal agreements would continue to apply to this development if planning permission is granted.
   
   
31. Rights of Way Officer, Oxfordshire County Council

1. Fencing of the footpath seem to be satisfactory although I would like to add that if any barbed wire is to be used, it is on the opposite side of the fence from the path.
2. The provision of new public footpaths within the restoration plan will be of great benefit to people.
3. I would like to request that a small section be added which would provide a connection from the small amenity lake where FP 16 enters the site at the northeast to the large public amenity lake which will have a new public path all around it. I feel this would be of benefit as it provides a shorter route to the main lake which may deter trespass that would not possibly occur otherwise.
   
   
32. Development Control (Transport) - No objections

Comments of Head of Sustainable Development

33. The application must be considered against Development Plan Policies. The issues to consider are:
    
    

1. Sand and gravel working
2. Waste disposal
3. Amenity of local residents
4. Landscape, Water and Ecology
5. Rights of Way
   
   

Sand and gravel working

34. The existing planning permission is proposed to be amended only in small specific ways. The additional working area in Phase 3 falls within the area which the principle of working sand and gravel is accepted in the MWLP Policy SH1 Inset Map 3. Planning permission already exists for the working of Phase 13 under permission 0109/94. This proposal is consistent with County Minerals Policy.

Waste disposal

35. Continued inert waste disposal is proposed in the Temporary Working Area (Phase 13). The current planning permission already allows this and the proposed change would not increase the quantity of waste allowed to be disposed on this site.
36. The new restoration scheme for Phase 13 proposes that only material which cannot be recycled (mainly subsoils) will be landfilled on the site. Conditions could be attached to any new permission limiting the principle of landfilled materials to non-recyclable waste ensuring the proposal is not in conflict with moving waste up the hierarchy. The proposal is in line with WD4 OSP because material would only be landfilled once recycling has taken place allowing for the progressive restoration of the site.
37. Phase 13 of the site will be restored to a landscaped fishing lake as specified in the MWLP proposals map and as required by MWLP SH5.

Amenity of local residents

38. In the context of the existing permitted activities on the site the variation of condition 4, to extend the temporary working area and to work sand and gravel through the Old Hardwick Brook, should not have any significant additional impact on the amenities of local residents. The Old Hardwick Brook is surrounded by areas where sand and gravel extraction is permitted. Therefore, the existing bunding and screening for the permitted quarry should provide any necessary visual and noise attenuation measures. The changes do not bring mineral working any closer to dwellings.
39. South Leigh Parish Council express concern in relation to the noise impact that increasing the working hours at the quarry may have on the dwellings on Cogges Lane. The extension of hours at the quarry would be restricted to Phase 14 and 15, which is where the plant complex is located. This area of the quarry is significantly removed from any dwelling. It is approximately 600m from the closest house and should therefore not cause any significant impact to the local residents in terms of noise or dust. The company have been operating the additional hours at the plant site for at least a year and no complaints have been received.
40. Policy PE13 MWLP states that applications should be determined having regard to the provisions covered in the Code of Practice in Annex 1 MWLP. The code of practice states that only in special circumstances will mineral and waste disposal operations be allowed to operate at hours other than the standard working hours. In my view, increasing working hours by two hours would not have an unacceptable impact on the amenities of local residents.
41. The application complies with MWLP policy PE1 (a) and W7 (b) in that the activities proposed would not cause unacceptable disturbance to residential buildings and amenities or long term damage to the visual amenities in the area.

Landscape, Water and Ecology

42. The applicant’s ecological survey indicates that the extraction of sand and gravel through the Old Hardwick Brook, would have limited negative environmental significance but upon restoration would provide a positive enhancement for nature conservation.
43. The mature ash trees at the upstream end of the Old Hardwick Brook could be retained. This can be secured by condition.
44. The Environment Agency does not consider the proposals to have an unacceptable impact on the water environment but do request that conditions should be secured which would control the risk of flooding in the area. These conditions could be attached to any new permission.
45. Therefore, the proposal is consistent with MWLP policy PE1 (a), (g) and (i) because the natural amenities of the site would be protected, including important tree species and the water environment. The proposal would be in accordance with MWLP policy PE18 Annex 1, in that new areas would be provided for nature conservation.

Rights of Way

46. A permanent diversion of footpath South Leigh 16 is proposed to enable sand and gravel extraction and beneficial restoration.
47. The Ramblers Association are opposed to this diversion in the absence of any overall access strategy for the area between Cogges Lane and Hardwick.
48. The current Gill Mill permission and legal agreement includes a comprehensive access strategy for the site set in the context of the wider Lower Windrush Valley Project. New paths have been created to link Witney with Hardwick and provide circular walks and individual lakes for public access.
49. On 21 February 2005 the Planning & Regulation Committee agreed that South Leigh Footpath No. 16 Diversion Order should be passed to the Secretary of State for a decision. Lack of a decision on the footpath order does not impede the progression of this application and a condition could be attached to any permission requiring a revised restoration scheme to be submitted in the event that a diversion is order is not confirmed.
50. The County Council Rights of Way Officer has requested a small section of footpath to be added to the restoration of Phase 3 of the site. This route could provide a connection from the small amenity lake where Footpath 16 South Leigh enters the site at the north east, to the large public amenity lake to the north west of Phase 3. This matter can be dealt with when the legal agreement is finalised.

Further Issues

Legal Agreement

51. If permission was granted it would be necessary to conclude an amendment to the existing legal agreement to maintain its provisions for secure routeing of vehicles, long term management of the site, annual payments to the Lower Windrush Valley Project, dedication to the lake north of Hardwick for private access, dedication for new access areas and footpaths and a programme of hydrological monitoring.

Conclusions

52. The proposed relatively minor changes to the existing permission would not cause any significant adverse impacts for local residents or the environment and would create new habitats.

Reasons for approval

54. The Committee is RECOMMENDED to approve application 04/2204/P/CM subject to:

CHRIS COUSINS
Head of Sustainable Development

Background papers:
Gill Mill Complex- Tar Farm – To continue progressive extraction of soil, sand and clay without complying with condition 4 and 12 of planning permission 0109/94. File Ref. 8.5/3807/1 Pt 9.
Sustainable Development Service, Environment and Economy Speedwell House, Oxford.
Representations on the application are available on this file

Contact Officer Laura Peacock: Tel 01865 815884

March 2005

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