Meeting documents

Planning & Regulation Committee
Monday, 24 February 2003

PN240203-09

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ITEM PN9

PLANNING & REGULATION COMMITTEE –
24 FEBRUARY 2003

IMPORTATION OF INERT WASTE FOR THE CONSTRUCTION OF STABILISATION BERM AND ACCESS RAMP, AT THE FORMER CEMENT WORKS AND QUARRY, SHIPTON-ON-CHERWELL, NEAR KIDLINGTON, OXFORDSHIRE (APPLICATION NO. 02/02602/CM)

Report by the Director of Environmental Services

Introduction

  1. This application is linked to the application for inert waste recycling which is also to be considered by this Committee.

  2. The existing Phase II stabilisation consent lapses next month and the current application seeks permission to extend the stabilisation process to the north west face of the quarry (Phase III on the plan). Stabilisation is achieved by depositing inert waste materials against the face. This proposal also includes a new ramped access into the site.

    3. The Site

  3. The site comprises an area of 2.34 hectares located against the north west face of the quarry. The A.4095 passes immediately alongside the top of this face of the quarry with the dwellings on Bunkers Hill behind.

  4. The site which is located in the north of the quarry away from the village of Shipton-on-Cherwell is in the Green Belt and the quarry face adjacent to the proposal is a geological SSSI.

    5. Proposal

  5. This development aims to repeat the stabilisation operations previously approved against other faces in the quarry. A similar stepped landform would be created.

  6. The reason for submitting the application is to shore-up this section of cliff face which is in danger of collapse (and has already done so in places). A slope stability report was submitted as part of the application. A major collapse in this area of the quarry could undermine the A.4095, a water main which runs close to the face and which serves the properties on Bunkers Hill, and the dwellings themselves.

  7. The amount of material required to construct the berms would be in the order of 266,500m3. About 110 lorry journeys per day would result from the operation which would take up to 3 years to complete.

  8. The proposal would also involve the use of a new access into the quarry. This would be in the form of a temporary access ramp located towards the north west corner of the quarry. The area at the top of this ramp would be sufficient for the siting of wheel cleaning and site office facilities.

    9. Policy Considerations

  9. Relevant Structure and Local Plan Policies are set out at in Annex 1 to this report.

    10. Consultations and Representations

  10. Consultation replies and third party representations are set out at Annex 2.

    11. Comments of the Director of Environmental Services

  11. As with all planning applications this proposal should be determined in accordance with the provisions of the Development Plan unless other material considerations indicate otherwise. The main considerations in this case are whether the stabilisation works are absolutely necessary, if so, whether these circumstances warrant a departure from green belt policies which would normally preclude this type of development, and, if any such circumstances do exist, whether the proposal would have any adverse environmental effects, particularly in terms of noise, dust, traffic generation and the impact on the SSSI (Site of Special Scientific Interest).

  12. The applicant has submitted an engineering consultant’s report on the stability of the quarry face. The report outlines serious concerns about the stability of sections of the face, concerns which indicate that face regression and slope crest regression is expected to continue in the future and be unpredictable in its nature. If the site was bounded by open land there probably would not be particular stability issues, but as the A.4095 lies directly behind the site boundary (in some cases the distance is only about 10 metres), there is a major concern that the condition of the road could be endangered if further collapses of the cliff face take place. In addition, a water main serving Bunkers Hill passes very close to the north west corner of the quarry, and a major fall in this locality could jeopardise that water supply. The stability report has been closely investigated by officers and it is considered that some form of stabilisation work is essential to protect the existing quarry faces. That being the case, I consider that the proposal accords with the criteria outlined in the Minerals & Waste Local Plan (MWLP) Policy W7 (a) in that there is a definite need for the development and that the special circumstances behind the application warrant a departure from green belt policies (Policy G4 of the Structure Plan 2011 and GB1 of the Cherwell Local Plan) which would normally view this type of development as inappropriate.

  13. The proposal accords with Policy EN5 (b) of the Structure Plan 2011, and Policy W7 (d) of the MWLP, though the site affects a SSSI. English Nature have lodged an objection, but indicated that they are prepared to accept the proposal subject to certain conditions (relating to geological monitoring and recording of the existing face) being attached to any permission given. In addition, I would welcome a condition which requires the applicant to undertake a geotechnical survey of the stability of the remaining quarry faces, in conjunction with English Nature, with an indication of those faces that can be preserved for future study and those (if any) that may require more remedial work to be undertaken.

  14. Although a number of comments have been made about the direct environmental impact of the development (traffic noise, dust, mud on the road etc) I consider that the details included in the application, along with the conditions I am recommending, will reduce any adverse impact the development might have and, therefore, the proposal accords with Policy EN1 of the Structure Plan 2011.

  15. Noise from operations in the quarry has been raised as a concern on occasions by local residents. This particular development, for stabilisation work at the northern end of the quarry, should not cause noise nuisance to the residents of Shipton-on-Cherwell village, located over 900 m away to the south east. The closest properties to the site are those in Bunkers Hill, located less than 50 metres away to the north on the opposite side of the A.4095. However, as the proposed operation is set down in the quarry below the lip of the quarry face with existing screen planting in between, noise should not be a problem for these residents. The District Environmental Health Officer has confirmed that there is no evidence to suggest that the proposed operations would adversely affect the occupants of Bunkers Hill. Earlier phases of the operation have not generated any complaints of noise or dust from Bunkers Hill.

  16. Dust, from both the operations and from vehicles visiting the site, should again not cause a problem to residents in Shipton-on-Cherwell as the operations are located at the far end of the quarry away from the village, and the new access to the site will remove the need for vehicles to travel along the access road close to the village.

  17. Mud on the road has resulted in complaints over the past few months in particular. A Breach of Condition Notice to secure compliance with a condition on the most recent stabilisation permission to prevent mud being brought onto the public highway is currently with the Council’s Solicitor awaiting verification prior to serving. This application however includes a plan which clearly shows the installation of a wheel wash (to be located at the top of the new access ramp). In addition, the access ramp is to be properly surfaced and the access road from the wheel wash to the public highway be resurfaced and thereafter properly maintained. I am recommending conditions that cover all the above issues, with the added requirement that the wheel wash and road surfacing are undertaken within one month of the date of any permission given.

  18. Access to the site from the main highway network is good. A routeing agreement is in place for all operations relating to stabilisation works at the quarry to keep quarry traffic out of neighbouring villages. Agreements such as this are basically self-regulatory and rely on the goodwill of operators and their drivers. In the past there have been breaches of a particular agreement although these have been rectified fairly quickly once the applicant has been made aware that breaches were occurring. On occasions the applicant does require lorries to pass through villages (Bletchingdon and Kirtlington in particular) as he requires access to sites in these areas and there is no alternative other than to drive into the village. However, the applicant is now providing me, on a fortnightly basis, with a schedule of sites in the area from where material is to be collected. The provision of such information allows me to check more closely whether any breaches of the agreement are taking place.

  19. In the application details, it is submitted that 266,500 m3 of material will be required to create the earth berm against the north west quarry face, and that it will take up to three years to complete the operation. In the event that permission is given, I recommend a condition limiting the life of the site to three years, and also a condition limiting the amount of material to be brought into the site to 270,000 m3 as a round figure. An additional condition requiring access to records of lorry loads would enable the amount of material being brought into the site to be monitored.

  20. There are conflicting views about how the site should be restored. The CAA, Cherwell District Council, English Nature, Oxford Ornithological Society, Oxford Green Belt Network and the County Council would need to be involved with the applicant in determining a restoration scheme. Giving consent for this proposal will extend operations in the quarry for a further three years. In that event I would recommend that the applicant be requested to set up a Liaison Committee (made up of members, officers, local councillors and other interested parties) to meet on a regular basis where matters of concern, proposals for the site etc could be addressed. This would be similar to a number of liaison committees which have been established, successfully, around the county. The applicant has confirmed that he would be happy to comply with such an arrangement.

    21. Environmental Implications

  21. The environmental implications of the proposal are as set out in the report.

    22. Financial and Staff Implications

  22. There are none other than those that would arise if the applicant appeals against any refusal of permission or any conditions imposed.

    PLAN - (Download as .doc file)

    23. RECOMMENDATION

  23. It is RECOMMENDED that planning permission be granted for the development proposed in Application No. 02/02602/CM subject to conditions to include:

          1. Detailed compliance.

          2. Temporary permission – 3 years only or when the berm is completed whichever is the sooner.

          3. Hours of operation to be:

            4. 07.00-18.00 hours Mondays-Fridays and

            07.00-13.00 hours on Saturdays.

            No Sunday or Bank Holiday working.

          4. Only inert waste to be deposited.

          5. No solid matter to be deposited so that it passes or is likely to pass into any watercourse.

          6. Any oil storage tanks to be suitably bunded.

          7. On completion of waste importation, haul road and any buildings/structures to be removed prior to restoration.

          8. Landscaping/restoration scheme to be agreed.

          9. Implement landscaping.

          10. No vehicle to leave site unless wheels cleaned to prevent mud being carried onto public highway.

          11. Wheel wash to be installed within one month of permission.

          12. Access ramp to be surfaced to agreed standard within one month of permission.

          13. Access road between access ramp and public highway to be surfaced and thereafter maintained in sound state of repair.

          14. Limit on waste importation to be maximum of 270,000 m3.

          15. Records of waste importation to be available for inspection.

          16. Before and during construction of berm, access to be made available for detailed geological monitoring and recording of quarry face.

          17. Geological monitoring and recording to take place at regular intervals.

          18. Qualified, competent geologist, to English Nature’s requirements, to undertake monitoring and recording.

          19. Results of geological monitoring and recording to be published in a suitable journal within the public domain.

          20. Tree/shrub protection whilst operations underway.

          21. Geotechnical survey to be undertaken, in conjunction with English Nature, or remaining quarry faces to assess stability and any possible remedial action required. Survey to be undertaken and results submitted within 6 months of permission being given.

          22. Dust suppression measures to be agreed.

          23. Local Liaison Committee to be set up to meet on a regular basis.

          24. No lighting except in accordance with scheme to be approved.

DAVID YOUNG
Director of Environmental Services

Background Papers: File: 8.1/4717/4 Shipton-on-Cherwell Quarry Importation of Inert Waste for Construction of Stabilisation Berm and Access Ramp, in Land Use Division of Environmental Services, Speedwell House, Oxford.

Contact Officer: John Hamilton, tel. Oxford 815584

5 February 2003

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