Agenda item

Variation of Condition No. 17 Attached to Planning Permission Ref: 00/20/570 to Increase Production Limit at Pant y Pwll Dwr Quarry, Pentre Halkyn (054768)

Decision:

 

            That the application be deferred to allow clarification of the issues raised by the Committee.

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application. The usual consultations had been undertaken and the responses received detailed in the report. 

 

                        The officer explained that the applicant had applied under Section 73 of the Town and County Planning Act 1990 to vary Condition No.17 of the deemed planning permission at Pant y Pwll Dwr Quarry, Pentre Halkyn,  to effectively increase the tonnage output from the Quarry from a limit of 800,000 tonnes per annum, as measured over a period of three consecutive years, to a limit of 1.2 million toners per annum, as measured over a period of three consecutive years.  The application was being applied for retrospectively as the applicant had been exceeding the three yearly average annual tonnage for some years.  The application had been submitted at the request of the Authority to regularise this.

 

The officer advised that the main issues being considered to determine the planning application related to the impact on the highway network and amenity in terms of potential noise, dust, and blasting from the quarry operations as a result of an increase in exported limestone aggregate products.

 

The officer detailed the background to the report  and advised that the quarry operated under a deemed consent, in terms of regulations.   She referred to the consultation which had been undertaken with local residents and the neighbouring Ward Member and the concerns which had been expressed  around the increase in output at the Quarry and the suggestion that there should be improvements made to the highways as a result. Local residents had also raised concerns relating to vehicles ‘wheel spinning’ and noise. The response to the concerns raised were detailed in the report

 

 The officer advised that  the current conditions  provided no control of output and were not enforceable and suggested it would be more effective and appropriate to remove Condition No.17 and replace with a maximum daily vehicle number rather than revising the average output level.  It was suggested that a daily week day HGV limit of 600 HGV movements (300 in and 300 out) per week and restrict HGV movements to 300 on Saturdays with no HGV movements on Sundays or public/bank holidays.  The condition would also state that in any 12 months period the quantity of processed limestone aggregate leaving the site should not exceed 1.2 million tonnes.

 

In summary the officer explained that the application would provide the opportunity to review all the conditions which would help address the concerns raised by local residents around noise and blasting.  She advised a restriction in daily vehicle movement, controlled by condition which would not have an impact on the operation, capacity, safety of the local highway network, and that consent be reviewed and modernised as outlined in the report with the draft conditions provided.  The Officer recommended that the application be approved as there was no sustainable reason for refusal.

 

                        Mr. D. Bartlett spoke against the application.  He said he .appreciated the contribution the Company made to the economy and valued the liaison which had taken place with local residents regarding development at the quarry. He asked that the application be refused.  In outlining the reasons for refusal Mr. Bartlett  referred to a  mistake in the Transport Assessment and said  there were not enough restrictions in the Planning Officer’s report to resolve the objections raised during consultation.  He said many residents would be able to support the planning officers recommendation for approval if a number of conditions were included in the recommendation of the report which would address most of the 19 objections which had been raised during consultation.

 

Mr. I. Southcott for the applicant, spoke in support of the application and asked the Committee to endorse the officer’s recommendations.  In detailing his reasons for approval he said that the Company believed the conditions and limits proposed would enable it to further improve its performance, maintain its important role in the local economy, and continue to support the local community.

 

                        Councillor Gareth Roberts proposed the officer recommendation for approval of the application which was duly seconded.  He supported the application subject to monitoring and control of vehicle movements.  

 

Councillor Chris Bithell raised a number of questions and concerns around an increase in production by 50% at the site and referred to the long term  impact of quarrying of the limestone, the hours of operation, the number of HGV vehicles entering and leaving, and the aggregate levy.

 

                        Officers responded to the questions raised by Members concerning HGV limits, visibility,  increase in production and the impact on future stocks,  monitoring of output, hours of operation, the requirement for a footpath.

 

Councillor Owen Thomas expressed concerns around access to the site and said there was a need for consideration to be given to improvement of  the highways before the application was approved. 

 

Councillor Mike Peers referred to the conditions which had been put forward by Mr. Bartlett and suggested that they should be given consideration by the Chief Officer (Planning & Environment)  and would improve the position for local residents.   He referred to the hours of operation at the site and the level of vehicle movements planned and expressed concern about the 6.00 a.m. start which he felt was not acceptable.  He proposed an amendment to the motion that the hours of operation be amended to 7.00 a.m. from 6.00 a.m. and the amendment was duly seconded.

 

Councillor Richard Jones said that if the start time was amended to 7.00 a.m. then the rate of vehicles entering and leaving the site per hour would be increased.  He suggested that the number of vehicles be limited during the hours of operation on the site per day.  He also referred to the list of conditions put forward by Mr. Bartlett and reiterated the comments expressed by Councillor Peers that there were valid points in the list which needed consideration.  

 

Councillor Mike Peers acknowledged the point raised by Councillor Jones and said that his proposal to amend the start time to 7.00 a.m.  stood but he would like to see the number of  vehicle movements entering and leaving the site limited to 50 per hour on a daily basis as detailed in the report.

 

Councillor Gareth Roberts queried the hours of operation of other quarries in the North Wales area. Councillor Owen Thomas asked what the hours of operation were at other quarries in Flintshire.

 

                        The officer explained that whilst she was aware that there  were some quarries in the area which operated at a 6.00 a.m. start she could not confirm the hours of operation for all quarries in North Wales.  She emphasised the upper daily limit of vehicle movements and the caveat of no more than 1.2m tonnes per annum which controlled and  capped the  annual output.  The officer advised that the average output was anticipated to be less but the condition was worded so that the operator would not be in breach of condition during busy periods.

 

Councillor Derek Butler commented on the need for clarity and costings around the retrospective application.   He said he acknowledged that there was a national demand for the operation of the quarry but was unclear as to the benefit to be gained by the local community.  He proposed that the application be deferred until the issues raised had been fully addressed.

 

Councillor Richard Lloyd spoke in support of a 6.00 am start and queried why there was a limit on the output in terms of tonnage.

 

The Service ManagerStrategy advised the Committee to be mindful of the operating hours of other providers in the area and that the quarry was not put in a position of disadvantage.

 

Members were asked to consider the recommendations within the report with a variation on the condition relating to the operating hours from 6.00 a.m. to 7.00 a.m.

 

The Chief Officer (Planning & Environment) referred to the issues raised by Members concerning the amended hours of operation at the quarry in relation to tonnages, the hours of operation at other quarries in Flintshire, the need to reduce vehicle movements in and out of the quarry, the aggregate levy, and the conditions suggested by Mr Bartlett.  He explained that if Members wished to defer the item the additional information requested on the matters raised could be provided by officers.

 

Councillor Mike Peers withdrew his proposal to amend the condition relating to the operating hours from 6.00 am to 7.00 am in support of deferral of the application for further clarification and discussion.

 

                        Councillor Derek Butler proposed that the application be deferred which was duly seconded.  

 

RESOLVED:

 

            That the application be deferred to allow clarification of the issues raised by the Committee.

 

Supporting documents: