Agenda item

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 detailed the background to the report and provided details of the hours of operation which were controlled by condition 9 which was attached to the planning consent. 

Parry’s Quarry secured planning consent to construct and operate a solid waste landfill on appeal in 2009 with conditions being imposed by the Inspector following a public inquiry. 

There were a number of sensitive receptors located around the quarry, the closest of which were Parry’s Cottages.  The Applicant had submitted noise assessments in support of the application and following concerns raised by Officers regarding noise, their original application to vary the operating time from 06:00 Monday to Saturdays was revised and they requested that the Local Planning Authority consider allowing the commencement of site preparatory works from 07:00 Mondays to Saturdays.  Other users within the vicinity of the site operated from 0700 with the officer citing Ewloe Barns Industrial Estate as an example. 

Councillor Bithell proposed the recommendation for approval which was duly seconded. 

The Local Member, Councillor Carol Ellis, said her preference would be for the hours to remain as originally granted but should the application be approved, she asked if a condition could be imposed that if there were any future requests to change the operation time of the Quarry that it be brought back to Committee.  She added that she was aware that a number of the Cottages had been bought by the owner of the Quarry and should they all be purchased at any point then such a condition to bring back any changes to Committee would provide a safeguard for other properties in the area.  She also raised concern about the earlier time on a Saturday morning.

In response to the comments made, the officer confirmed that whilst Parry’s Cottages were the closest to the site boundary, all nearby receptors had received a noise assessment, all of which were below the recommended level.  She assured Councillor Ellis that the protection to Parry’s Cottages would continue in place as long as they remained as residential properties with any conditions being retained.

On the earlier time on a Saturday morning, the officer confirmed that the noise assessment undertaken took into account background noise and after 07:00 the noise levels would not exceed the recommended level during Monday to Saturday.  Environmental Health officers had been consulted on the application and had not submitted any objections.

Councillor Richard Jones felt that the original condition on operation time should not be changed as it was the only protection the nearby residents had against noise.  He added that he also did not consider because other nearby sites had an operation time from 07:00 that this should result in this application receiving the same condition.

The officer explained that the assessment was undertaken on a cumulative impact with other nearby sites.  In addition, each application was considered on its own merits.

On being put to the vote permission was granted with the Chair using his casting vote.

            RESOLVED:

            That Planning Permission be granted subject to a Supplementary S106 agreement to attach the obligations contained in the S106 agreement dated 16 December 2008 in relation to planning permission 042468 to the permission arising out of this application, and subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).