Agenda item

            That planning permission be granted subject to

(i)         The applicant entering into a legal agreement under the terms of the Town & Country Planning Act 1990 (as amended) Section 106 to:-

a)         revoke the existing Section 106 agreement completed on 19 January 1999 which governed existing operations

b)         revoke the existing Section 52 agreement under the Town & Country Planning Act 1971 completed on 13 November 1973

c)         provide that the Site of Special Scientific Interest and the Special Area of Conservation be managed in accordance with the Management Plan appended to the legal agreement and the plan to be reviewed and updated at five-yearly intervals; and

            (ii)        subject to the conditions detailed in the report of the Head of Planning. 

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 Senior Minerals and Waste Officer detailed the background to the report which sought to consolidate all of the current mineral extraction and processing operations at Cefn Mawr Quarry, including all ancillary development associated with the quarry operations under a single, all-encompassing planning permission to continue to permit limestone extraction until 21 February 2042.  One of the key issues was the impact of the night time noise on neighbouring residents; the officer explained that the applicant had worked with the Planning Authority and residents to mitigate the effects of the proposal.  The officer advised that there had been no objections from statutory consultees and added that the application was in line with MTAN1 on noise limits.  The proposal also included a plan of phased restoration. 

            Mr. I. Coles spoke against the application, explaining that he lived opposite the site.  The noise was at times very loud at night and he disagreed with the comment that the trucks were lined with rubber to reduce the noise.  He added that the noise barriers around the silos had also not been put in place and asked that conditions be included to ensure that the company did what it said it would do to resolve the issue of noise.  Mr. Coles referred to the cement operation on the site and said that recently the kiln had been switched off for long periods of time, so he questioned whether there was a need for 24 hour a day operation. 

            Councillor A.M. Halford proposed the recommendation for approval which was duly seconded, and thanked the officer for an exemplary report.  She felt that, whilst appropriate noise conditions should be imposed, it was impossible to ignore the importance of the site.

Councillor R.C. Bithell referred to the comments of Gwernaffield Community Council about the Cefn Mawr Liaison Committee meetings and said that it was important that these meetings took place so that local concerns could be dealt with in an appropriate way.  He raised concern about the water seeping into the Milwr tunnel and asked what action was being taken to ensure it did not get into the water system.  He also highlighted paragraph 7.103 and asked for assurances that any fossils of interest were properly looked at by geologists.  Councillor P.G. Heesom spoke of the depth in the quarry of 178 metres and raised concern at the accumulation of water at that depth; he asked for assurance that safeguards were regularly monitored.  In respect of noise, Councillor R.B. Jones asked whether work could be undertaken with the owner about setting maximum noise limits instead of using average limits. 

            In response to the comments made, the officer said that, based on the information received from the quarry operator and the haulage contractor, all of the trucks were rubber-lined to reduce the noise levels.  The noise limits at night on the existing consent were 45 decibels; it was recommended by officers that the level be reduced to 42 decibels to bring it in line with national guidance.  The operator had undertaken a number of mitigation measures and one of the conditions included was for the noise monitoring to be reviewed annually.  The officer advised that although the proposal was to allow permission until 2042, this would be reviewed every 15 years.  There was a need for 24 hour operation of the kiln but this had not been possible recently due to operational problems with it.  The officer confirmed that meetings of the Liaison Committee took place every six months but had not been attended recently by a representative from Gwernaffield Community Council.  This had now been addressed.  Proposed condition 18 was intended to prevent extraction below 200 metres until a scheme regarding dewatering had been approved.  Finally, the officer confirmed that the owner worked with North East Wales Regionally Important Geodiversity Sites (NEWRIGS) on fossil and geological features. 

            In summing up, Councillor Halford asked for tighter conditions relating to noise.  In response, the officer said that night-time noise was a concern but she felt that conditions 9 to 12 were robust enough.     

            RESOLVED:

            That planning permission be granted subject to

(i)         The applicant entering into a legal agreement under the terms of the Town & Country Planning Act 1990 (as amended) Section 106 to:-

a)         revoke the existing Section 106 agreement completed on 19 January 1999 which governed existing operations

b)         revoke the existing Section 52 agreement under the Town & Country Planning Act 1971 completed on 13 November 1973

c)         provide that the Site of Special Scientific Interest and the Special Area of Conservation be managed in accordance with the Management Plan appended to the legal agreement and the plan to be reviewed and updated at five-yearly intervals; and

            (ii)        subject to the conditions detailed in the report of the Head of Planning.