Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the applicant entering into a legal agreement under the terms of the Town & Country Planning Act 1990 (as amended) Section 106 to:-

1.         allow vehicles associated with asphalt production and transportation to use the existing quarry access road during permitted out of hours operation

2.         provide a scheme for routing of HGVs to avoid travelling through Pentre Halkyn when travelling to and from the A55 during the permitted out of hours.

3.         Revoke planning permission 3/240/94.

Councillor P.G. Heesom indicated that he wished it to be recorded in the minutes that he had voted against the granting of permission. 

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report. 

            The officer detailed the background to the report explaining that the existing condition allowed ad hoc approaches from the applicant and it had been felt that there was a need to become more transparent so the applicant had been asked to submit an application to vary the condition.  This application requested that the hours of working be changed to permit asphalt production from 0400 hours and to supply asphalt outside the permitted hours on 45 occasions per year. 

            Mr. J. Wilday spoke against the application on behalf of local residents.  He said that the application did not address the concerns raised about the use of the B5123 route to the A55 or the impact on the conservation area.  He referred to Policies AC13 and GEN5 which he felt had not been complied with as the amenity of local people would be affected if the application was approved.  He questioned how the proposal would be monitored and said that condition 3 in the original application should not be amended.   

            Mr. A. Kent, the agent for the applicant, spoke in support of the application.  He said that Tarmac had operated site since 1996 and had a good relationship with the community.  He explained that it was not intended that the 0400 start time would be required every morning but that flexibility was needed.  He explained why the variation in condition was required and said that no objections had been received from the statutory consultees and even though consultation had raised concerns, he felt that these had been addressed. 

            Councillor W.O. Thomas proposed the recommendation for approval which was duly seconded.  Councillor R.B. Jones felt that there was a need to monitor noise and dust levels and the impact on the residents and proposed a temporary permission for 12 months.  The proposition was not seconded. 

            In response to comments made, the officer said that the Council could not put any controls on the highway and the amount produced at the site had vastly reduced so that vehicular movements were no more than eight per hour.  The impact on the local area was reported in paragraphs 7.22 and 7.23.  She highlighted condition 4 which required the planning authority to be notified prior to each occasion of use outside the permitted hours so this would also be monitored on a regular basis.  On the issue of a temporary permission, the officer explained that the site had been operating on the proposed basis since 2009. 

            In summing up, Councillor W.O. Thomas said that as the Chair of the Liaision Committee he had received very few complaints.     

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the applicant entering into a legal agreement under the terms of the Town & Country Planning Act 1990 (as amended) Section 106 to:-

1.         allow vehicles associated with asphalt production and transportation to use the existing quarry access road during permitted out of hours operation

2.         provide a scheme for routing of HGVs to avoid travelling through Pentre Halkyn when travelling to and from the A55 during the permitted out of hours.

3.         Revoke planning permission 3/240/94.

Councillor P.G. Heesom indicated that he wished it to be recorded in the minutes that he had voted against the granting of permission.