Development Control Committee
Meeting to be held on 13 December 2006
Part I - Item No. 9
Electoral Division affected:
Chorley Rural East
Chorley Borough: Application Number 09/06/0867
Phased extraction of sand and gravel with restoration back to agriculture and
conservation, land at Sandons Farm, Adlington, Chorley.
Contact for further information:
Robert Hope, Tel (01772) 534159, Environment Directorate
Executive Summary
The phased extraction of approximately 522,000 tonnes of sand and gravel to a
maximum depth of 8.3metres followed by progressive restoration to provide an area
of agricultural grassland with surrounding mixed grassland, woodland, ponds and
concessionary footpaths. The operations, including the final restoration of the site,
would be undertaken over a period of approximately 9 years.
An Environmental Statement has been submitted as part of the planning application.
Recommendation – Summary
That, after first taking into consideration the environmental information, as defined in
the Town and Country Planning (Environmental Impact Assessment) (England and
Wales) Regulations 1999, submitted in connection with the application, and subject
to the applicant entering into a S.106 agreement for the management of the
landscaping, habitats and public access for a period of 10 years beyond the 5 year
aftercare period, planning permission be granted subject to conditions controlling
commencement, time limits, working programme, site management, hours of
working, highway matters, noise and dust, water management, soils and
overburden, aftercare and monitoring.
Applicant’s Proposal
Planning permission is sought for the phased extraction of approximately 522,000
tonnes of sand and gravel to a maximum depth of 8.3 metres below existing ground
levels whilst remaining above the water table. The site would be restored in a
phased manner to provide agricultural grassland with surrounding mixed grassland,
woodland, ponds and concessionary footpaths. Advanced planting would be
undertaken on land between the proposed excavations and Carrington Road. The
anticipated duration of operations at the site including preparatory works and final
restoration is approximately 9 years.
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The proposed site on land at Sandons Farm, Adlington covers approximately 10
hectares as shown on the accompanying location plan. Approximately 5.7 hectares
would be used for extraction purposes. The remaining elements consist of a haul
road leading to Wigan Lane (A5106), a wheelwash, weighbridge/office and stocking
area, buffer zone and soil and overburden storage areas.
The applicant proposes to work the site in two main phases from west to east
towards the rear of residential properties on Carrington Road. There would be a
buffer zone of 100m between residential properties and the nearest sand extraction
area and overburden mounds would be placed along the perimeter of the working
area. Site operations would involve the use of a screening and washing plant and
loading shovel on a permanent basis and a dozer and excavator for 4 to 5 months
per year from May to September. The screening and washing plant would be
located in the operational area to the west of the site.
The applicant proposes to operate the site between 0730 – 1800 hours Monday to
Friday and 0800 – 1200 hours on Saturdays. No work would be carried out on
Sundays or Public Holidays. Topsoil and subsoil stripping and replacement
operations are only proposed to be carried out between the hours of 0900 – 1700
Monday to Friday and 0900 – 1230 on Saturdays.
The applicant estimates that the proposals would generate an average of 15 heavy
goods vehicle visits (30 movements) and a maximum of 25 heavy goods vehicle
visits (50 movements) to the site each day. There would also be an average of 8
private vehicles (16 movements) visiting the site per day. All access would be via
Wigan Lane.
The development is a Schedule 2 Project under the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 1999 and the
applicant has submitted an Environmental Statement (ES) and Non-Technical
Summary. The ES provides details of the proposed development and considers the
planning context before examining the impacts associated with the proposal. It
identifies a number of potential impacts in respect of traffic, landscape, ecology, air
quality, slope stability, hydrology, noise and archaeology. Mitigation measures are
proposed for each of these potential impacts where necessary.
Description and Location of Site
The application area would encompass approximately 10 hectares of land to the
west of Sandons Farm, Adlington. The majority of the site is currently used as
grazing land with an area at the south comprising a restored former landfill site. The
site is bounded to the north by the Leeds-Liverpool Canal and fields beyond,
residential properties to the south and east and restored areas of a former open cast
coal site to the west. Public Footpath Numbers 11 and 12 follow the site boundary to
the south and east.
The proposed access onto Wigan Lane comprises an existing road across land that
was previously exploited for the extraction of coal and is now used by a near-by
haulage company.
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Background
The area in and around the proposed development site has been subject to
extensive mineral working, landfill and restoration activities, many of which have
utilised a vehicular access and haul road from Wigan Lane to Castle House Lane in
Adlington.
Approximately 2.5 hectares of land at the south of the application area comprises a
former sandpit which has been restored using inert waste under the provisions of
planning permission 09/95/699. The permission allowed access to the site from
Wigan Lane, subject to the submission of details for the downgrading and restoration
of the access track between the site and Wigan Lane. This information was not
submitted due to protracted discussions concerning land ownership and legal right of
way across the site and the applicant stated that the access road between the site
and Wigan Lane would remain. Planning permission was varied in July 2000 to
allow landfilling operations to continue until 31 October 2000 with site restoration to
be completed by 30 April 2001 (ref. 09/00/0178).
A neighbouring site off Castle House Lane has been subject to two recent planning
applications (submitted to Chorley Borough Council) seeking to regularise activities
associated with a Haulage Depot, which includes access to Wigan Lane along the
same stretch of haul road as that proposed in this application (ref. 09/06/0867). Both
applications were refused on appeal, on the grounds that the development was
inappropriate in Green Belt.
In December 2004 an application (ref. 09/05/0018) was received for the phased
extraction of approximately 1.4 million tonnes of sand and gravel to a maximum
depth of 8.3 metres, followed by progressive infilling with 950,000m 3 of inert
construction, demolition and excavation waste, with restoration to provide an area of
upgraded agricultural land with surrounding woodland and ponds.
As a means of seeking to address concerns about the proximity of the development
to residential properties the applicant revised the original application by extending
the buffer zone between residential properties on Carrington Road and sand
extraction and landfilling operations from approximately 30m to 100m and by
reconfiguring final restoration levels towards the eastern boundary of the site.
As a consequence of this amendment, the application was amended to provide for
the phased extraction of 602,433 tonnes of sand and gravel followed by progressive
infilling with 652,922m3 of inert waste. The anticipated duration of operations at the
site including preparatory works and final restoration was proposed to be
approximately 13 years in contrast with approximately 15 years in the original
submission.
Revised application 09/05/0018 was presented to the Committee on 17 May 2006.
After considering the Committee Report and listening to presentations by the
applicant, SAFE residents action group, Lindsay Hoyle MP, Chorley Borough
Councillor Mrs Hoyle and the Borough Council’s Development Control Manager, the
Committee resolved to refuse the application on the grounds that the proposed
-4development would be detrimental to the amenities of the adjacent residential
properties to the south and east of the site, by virtue of noise and dust due to the
inadequate buffer zone between the site and the residential properties, and that the
development would be inappropriate development that would adversely affect the
openness of the Green Belt. The decision notice was issued on 29 June 2006
following a confirmation of the reasons for refusal at Lancashire County Council’s
Development Control Committee on 27 June 2006.
The applicant has sought to address these reasons for refusal in the current
application by taking out the landfill element from the development proposals and
restoring the land to a low level.
Planning Policy
Regional Spatial Strategy for the North West (RSS 13)
Management of the North West’s Natural, Built and Historic
Environment
Policy ER2 Landscape Character
Policy ER6 Woodlands
Policy ER9 Minerals Extraction
Policy ER10 Land won aggregates
Policy ER1
Joint Lancashire Structure Plan
Policy 6
Policy 20
Policy 22
Policy 26
Green Belts
Lancashire’s Landscapes
Protection of Water Resources
Provision for Working Minerals
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 3
Policy 13
Policy 21
Policy 22
Policy 23
Policy 37
Policy 48
Policy 49
Policy 106
Policy 107
Policy 108
Policy 112
Quality of Life
Buffer Zones
Green Belts and Minerals Development
Wildlife Corridors
Water Resource Availability
Water Resource Protection
Strategic Road Network
Sand and Gravel Provision (High Grade Sand)
Sand and Gravel Provision (Low Grade Sand)
Reclamation of Minerals and Landfill Sites
Proposed Reclamation Schemes
Restoration of Agricultural Land
Standards of Operation
Chorley Borough Local Plan
Policy DC1 Development in the Green Belt
Policy EP17 Water Resources and Quality
-5Policy EP20 Noise
Policy EP21 Air Pollution
Policy TR4 Highway Development Control Criteria
Statement of Community Involvement
Applicants are encouraged to undertake pre-application community engagement that
is tailored to reflect the nature and scale of the proposal. Guidance on community
engagement is set out in the Town and Country Planning (Local
Development)(England) Regulations 2004. However, the production of a Statement
of Community Involvement is not a mandatory requirement.
Prior to the submission of planning application 09/05/0018 a public exhibition was
held on 22 and 23 October 2004 at the Fairview Youth and Community Centre,
Adlington to inform local residents and neighbours of the proposal. This application
represents a similar proposal with the exception that restoration is proposed to be
achieved without the importation of waste materials. Given the broad similarities
between the previous application and this application and the level of public
involvement generated, additional pre-application public consultation was deemed
unnecessary in this instance.
Consultations
Chorley Borough Council – No observations received
Wigan Borough Council – No objection.
Adlington Town Council – Object to the proposal on the following summarised
grounds:
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Increase in volume of traffic on Wigan Lane.
Operations would generate noise and dust pollution.
The applicant has no track record of operating a sand and gravel quarry.
An application for waste tipping would follow sand quarry operations.
Quarrying operations and sand processing could lead to pollution of
Ellerbrook, which would have a detrimental impact on wildlife.
Borehole analysis does little to support the claim that sand and gravel
deposits are of high quality given the frequent reference to clays.
The proposed volumes of traffic would have an impact on temporary and
permanent road surfaces.
It is likely that flooding would occur within the quarry and water would need to
be pumped somewhere and pumping could cause noise pollution.
The slope stability assessment includes an unlikely statement that there
would be no risk of slope failure, which is considered unrealistic.
The restoration strategy is not accompanied with a detailed timetable of
activities.
There is insufficient detail of planting methodology and maintenance.
-6Coppull Parish Council – Object to the proposed development on the following
summarised grounds:
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People living near the site would have to accept noise, dust, dirt and heavy
machinery for a minimum of nine years.
An application for waste tipping could follow sand quarry operations.
Additional traffic would increase the dangers posed to other road users and
would impact on the amenity of local residents living along Wigan Lane.
The applicant should not be allowed to keep re-submitting similar planning
applications.
Environment Agency – No objection but recommend that any subsequent approval
be subject to conditions to control the impact on groundwater. This would include:
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A need for further details of the definition of the water table on site prior to the
commencement of development.
The monitoring, recording and reporting of groundwater levels throughout site
operations.
Natural England (formerly English Nature) – Is not aware of any statutory sites of
nature conservation importance that would be significantly affected by the proposal.
Should planning permission be granted, planning conditions should be attached to
ensure adherence to restoration and mitigation proposals submitted. Natural
England welcomes the proposals to enhance the nature conservation interest of the
area.
Health and Safety Executive –the HM Inspector of Health and Safety has noted that
the stability analysis has been carried out on the geotechnical features, which
provides some confidence in the design approach. The applicant will be contacted
to ensure they area aware of the relevant health and safety law and in particular the
requirements of the Quarries Regulations 1999.
British Waterways – Initially objected to the proposed development due to the
detrimental impact of the proposed soil storage mounds on the amenity of users of
the adjacent Leeds and Liverpool Canal. British Waterways suggest that storage
mounds should be moved away from the canal. Should it be unfeasible to provide
an alternative location for the mounds, they should be adjusted so they are less
intrusive. Details of advanced planting should also be provided.
Culvert 133 passes under the canal from the north side, approximately 150m to the
west of the Allanson Hall Bridge (Bridge 70) and is believed to be 900mm internal
diameter under the canal. Although the exact location has not been determined, it is
highly likely that the culvert system crosses the extraction area. Provision for culvert
flows would be required during operations.
Coal Authority – No comments received.
Countryside Agency – The Agency does not have any information to supply or wish
to comment on this proposal.
-7Transco – No observations received.
United Utilities – No observations received.
Section Manager (Traffic and Safety) – No objection subject to all vehicular access
being via Wigan Lane. It is noted that the visibility to the north along Wigan Lane
from the access has become restricted during the past few years by vegetation
growth and it is advised that the provision and maintenance of 4.5m by 215m
visibility splays should be a condition of any permission. The use of the LeedsLiverpool Canal to transport sand and gravel from the site would be welcomed as an
option to transfer haulage traffic from the highway network.
Wildlife Trust – No observations received.
Ramblers Association – The existing access road intersects with Footpath 57 close
to Wigan Lane and Footpath 12 at the entrance to the site. It is suggested that a
concessionary footpath be made to link Footpath 12 with Footpath 57 via the south
east of the site to avoid the necessary access road crossings. Without the
alternative arrangements, an objection would be raised.
The proposed concessionary footpaths within the northern part of the site are
welcomed. Impacts on the habitats of species have been well catered for and the
restoration proposals suggest an improvement to some parts of the land.
An increase in HGVs would make the crossing of Wigan Lane even more dangerous
than it is now. Details of hourly HGV movements should be provided. Without this
information, an objection is raised on the grounds of loss of safety to walkers.
Representations – The application has been advertised by notices posted at the site,
in the local press and local residents and neighbours have been notified by letter.
655 letters of representation have been received. Of this total, 42 letters support the
application for the following summarised reasons:
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The site would overcome a shortage of sand and gravel in the Lancashire
area.
The development would provide employment.
Vehicle movements would not impact on Adlington village.
The site is relatively small.
The proposed restoration would lead to long term improvements to the
landscape.
Screen mounds would conceal site operations.
Noise levels would be within those levels set out in Government guidelines.
The remaining 613 letters, including a letter from ‘SAFE’ (Save Adlington From sand
Extraction and more landfill), a residents action group, object to the application for
the following summarised reasons:
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The development would have an unacceptable impact on visual amenity.
The development is inappropriate in the Green Belt and contrary to Green
Belt policy.
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There is sufficient sand extraction elsewhere in the County and sand at the
site is not required.
Sand extraction is principally to enable the operator to create a large void
space for profitable landfilling in future.
There would be an insufficient buffer zone between operations and
neighbouring residential properties, the canal and a local school.
The submitted assessment of sand quality is insufficient and fails to
adequately demonstrate the proportion and volume of sand that is high
quality.
The proposal would generate unacceptable volumes of traffic on the local
road network.
Vehicle movements on site would emit exhaust fumes and diesel particulates,
which would impact on the health of residents.
Site excavations could undermine the stability of the Leeds-Liverpool Canal
banks.
Site operations would generate dust nuisance at adjacent residential
properties.
The proposed development would have an unacceptable impact on wildlife.
Site operations have the potential to generate noise pollution.
The development would result in a reduction of property values.
Operations and any future landfilling would increase the risk of vermin
infestation.
Several mature trees and hedgerows have been removed from the site and a
pond has been drained over recent times in preparation for the application.
Should permission be granted, concerns are raised that there may be a
subsequent application for landfilling.
Operations are likely to lead to pollution of Eller Beck.
Insufficient groundwater assessment has been provided.
Sand extraction could damage neighbouring property foundations.
Proposed planting adjacent to Rigshaw Bridge Cottages should be open
canopy woodland rather than dense woodland.
Proposal would create a basin feature ideal for future landfilling.
Operations would impact on the existing surface water drainage network.
Impacts will be very similar to the previously refused application ref.
09/05/0018.
A previous Secretary of State report placed a restriction preventing the future
use of the site and site entrance onto Wigan Lane.
Slope stability calculations are unsatisfactory.
Reliance on remote weather records for dust assessment is unacceptable.
There is insufficient detail of method and operation of sand treatment
processing.
There is no assessment of noise from sand washing plant or that, which may
be generated by pumping of standing water from the quarry floor.
In addition, the SAFE group has submitted a petition with 534 signatures objecting to
the proposal.
Letters of objection have been received from Councillor Catherine Hoyle, Chorley
Borough Councillor for Adlington and Anderton Ward, Lindsey Hoyle, MP for Chorley
-9and Lord Hoyle of Warrington on the grounds that the sand is of poor quality and the
development would generate noise, dust and traffic hazards in close proximity to
residential properties and a primary school.
Advice
Director of Strategic Planning and Transport – Observations
This application, for the extraction of sand and gravel and low level restoration of the
site, has been submitted following the refusal, earlier this year, of the planning
application for the phased extraction of sand followed by restoration through the
importation of construction, demolition and excavation waste. The application was
refused on the grounds that the proposed development would be detrimental to the
amenities of the adjacent residential properties to the south and east of the site, by
virtue of noise and dust due to the inadequate buffer zone between the site and the
residential properties, and that the development would be inappropriate development
that would adversely affect the openness of the Green Belt. The applicant has
sought to address some of the concerns of local residents and the Development
Control Committee by amending the scheme to exclude the importation of waste
materials (as previously proposed) and to provide for low level restoration of the site.
The overall strategy of the Lancashire Minerals and Waste Local Plan seeks to
ensure that Lancashire makes an appropriate contribution to meeting necessary
local, regional and national supplies of minerals commensurate with the need to
conserve and where possible create opportunities to enhance the environment and
the quality of life of the residents of Lancashire. In the context of this planning
application it is necessary to evaluate the need for the sand and gravel that would be
extracted during the development, against the potential impact of the development
on the Green Belt, the environment, the public highway and the amenity of residents
of Adlington who live in close proximity to the site.
Sand and gravel extraction
Government Policy on the provision of aggregates is set out in Minerals Policy
Statement 1 (MPS 1) which, amongst other things, seeks to secure adequate and
steady supplies of minerals needed by society and the economy within the limits set
by the environment. The Government also publishes National and Regional
Guidelines for Aggregates Provision in England that are intended to assist in the
preparation of Regional Spatial Strategies and Local Development Documents. The
Lancashire Minerals and Waste Local Plan maintains a requirement for a land bank
of reserves of at least 7 years post 2006, which equates to approximately 3.5 million
tonnes on top of the current 8.2 Mt apportionment. Taking into account the
remaining permitted reserves across Lancashire, approximately 6 Mt of sand and
gravel needs to be released to maintain a 7 year landbank at the end of the period.
The policies of the Lancashire Minerals and Waste Local Plan distinguish between
high grade sand and low grade sand. Policy 48 seeks to provide 3.2 million tonnes
of high grade sand and gravel before 2006. This policy was formulated in 2001 and
took account of apportionments for the period up to 2006, which have now been
superseded. However, there still remains a requirement to provide for the
- 10 maintenance of appropriate levels of reserves of high quality sand. The suitability, in
planning terms, of these reserves should be assessed in accordance with a
sequential land-use approach subject to environmental and other considerations as
set out in the policies of the development plan.
In contrast, Policy 49 seeks to prevent the release of major new sites for low grade
sand and gravel because, at the time the Plan was adopted, there was a
disproportionately high quantity of low grade sand and gravel compared to high
grade. In view of the shortage of new permissions over recent years, it is now
reasonable to claim that there is a deficit of all types of sand reserves in the County.
However, it is recognised that there are a number of satisfactory alternatives to low
grade sand including gritstone fines and crushed rock and recycled materials for
constructional fill, which contribute towards the supply of these construction
materials.
High grade sand is defined as “sand which is to be washed and graded before sale
and which meets the relevant requirements of the appropriate British Standard”
whilst “low grade sand” means sand that is not washed or otherwise treated before
sale and does not meet the appropriate British Standard. In circumstances where
deposits contain low grade sand or gravel as well as high grade sand and these
former materials would be produced as a by-product of the production of high grade
sand, the relative proportions of the various materials and the additional environment
impact of working them should be taken into account.
The Environmental Statement includes site borehole and sieve analysis data with
associated commentary to demonstrate that approximately 95% of the deposit would
conform to British Standards for concreting sand. The particle size fractions falling
outside the acceptable British Standard quality criteria would be removed through a
proposed closed circuit washing plant and filter press. The sand at the site is
considered to satisfactorily meet the requirements of the definition of high grade
sand and can therefore be assessed against Policy 48 of the Lancashire Minerals
and Waste Local Plan.
The Plan recognises that reserves should be allocated in accordance with a
sequential land-use approach subject to environmental and other considerations as
assessed against the policies of the development plan. It also acknowledges that
sand and gravel is generally found within the County in rural lowland areas often with
high landscape and agricultural land quality.
The application site falls partly within the Leyland-Chorley broad area of search
identified in the Lancashire Minerals and Waste Local Plan and within a more
detailed area entitled ‘Resource Block 3C’ in the Lancashire Minerals and Waste
Development Framework: Sand and Gravel Study Stage 2, dated June 2006. The
report was commissioned by Lancashire County Council as means of examining the
areas of potential future provision of high quality sand and gravel reserves
throughout the County. The report identifies the site as a ‘Category A’ site by virtue
of availability of sufficient geological information to prove a high quality sand, albeit
with the higher tier constraint due to the site’s proximity to the built up area of
Adlington.
- 11 There is, therefore, a need to supply more high grade sand in Lancashire,
particularly given the recent refusal of planning permission for the extraction of sand
and gravel at Euxton. Although the Sandons Farm site is comparatively small it
would nonetheless contribute towards supply in that area of Lancashire.
Green Belt
The site is within the Green Belt adjacent to residential properties in Adlington.
PPG2 states that minerals can be worked only where they are found. Their
extraction is a temporary activity. Mineral extraction need not be inappropriate
development and it need not conflict with the purposes of including land in Green
Belts, provided that high environmental standards are maintained and that the site is
well restored.
It has already been established that the policies of the Lancashire Minerals and
Waste Local Plan support the release of high grade sand subject to environmental
and other considerations and it is recognised that the majority of sand deposits
across the County are restricted to greenfield sites such as the proposed
development site.
Policy 13 of the Lancashire Minerals and Waste Local Plan seeks to ensure that that
proposals for minerals development within the Green Belt do not adversely affect the
openness of the Green Belt, that high environmental standards would be maintained
throughout operations and that the restoration of mineral workings contribute to the
achievement of objectives for the use of land within the Green Belt. The main
objectives for the use of land within the Green Belt include the provision of
opportunities for access to the open countryside and recreation for the urban
population, to secure nature conservation interests and to retain attractive
landscapes near to where to people live.
It is considered that the proposed operations would not significantly affect the
openness of the Green Belt and progressive restoration to create the proposed afteruse would contribute towards the achievement of the objectives for the use of land in
Green Belt. The removal from the original proposal of the landfill element of the
scheme makes the proposal more acceptable in Green Belt policy terms.
Impact on the highway network
The policies of the development plan, in particular Policy 37 of the Lancashire
Minerals and Waste Local Plan seek to ensure that proposals for mineral
developments do not give rise to unacceptable traffic and road safety problems or
unacceptable effects on amenity along the routes used.
The proposed access into and out of the site would be via Wigan lane and would
utilise an existing concrete road, which appears to have been constructed in the
1950s. Over the years this road has been used to serve a number of mineral
extraction and landfilling operations and currently serves a haulage yard adjacent to
Castle House Lane.
- 12 The proposed operations for sand extraction would involve an average of 30 HGV
movements with a maximum of 50 HGV movements to transport an estimated
volume of 400 tonnes of sand and gravel from the site per day. This would generate
fewer HGV movements than was previously proposed as part of mineral extraction
and subsequent back filling and to which no objection on highway grounds was
made at the time.
It is considered that the proposed development would not have an unacceptable
impact on highway safety. The Section Manager (Traffic and Safety) is satisfied that
the development would not give rise to any unacceptable traffic or road safety
problems subject to the provision and maintenance of appropriate visibility splays,
details of which are subject to a proposed condition.
Impact on local amenity
The Lancashire Minerals and Waste Local Plan recognises that minerals
developments have the potential to give rise to adverse impacts on the quality of life
of people for a variety of reasons including noise, dust and visual intrusion. Policy 2
of the Lancashire Minerals and Waste Local Plan seeks to address this matter by
ensuring that developments of this type do not result in unacceptable adverse
impacts on local amenity and the environment.
Policy 3 of the Plan seeks to achieve this protection through the establishment of
buffer zones of an appropriate distance between the development and sensitive
land-uses such as housing. The Plan recognises that adverse impacts on local
amenity are generally greatest where operations are within 250m of sensitive landuses, however, each case should be assessed in terms of the particular
circumstances and impact.
Annex 1 to Minerals Policy Statement 2 (MPS 2) sets out policy considerations in
relation to the environmental effects of minerals extraction and establishes the
principles to be followed in respect of reducing and controlling dust. It is noted that
concerns about dust are most likely to be experienced within 100m of dust sources,
depending on site characteristics and in the absence of appropriate mitigation.
The site is proposed to be worked from west to east in a manner that ensures that
the working face would be situated between sand and gravel operations and
residential properties to the east. The land falls away to the west and consequently,
mineral extraction would take place below existing land levels within the site and
those of adjoining properties on the boundary of the site. The location of operations
at a lower level in combination with the placement of soil and overburden storage
mounds immediately adjacent to the extraction area would contribute towards
minimising potential impacts associated with noise, dust and visual impact. Phase 1
of the extraction operations and progressive restoration operations would be
undertaken at a distance of between approximately 380m and 170m from residential
properties for 2.25 years. Phase 2 would incorporate areas of the site between
170m and 100m from residential properties for the following 4.25 years.
In assessing the potential impact of dust and PM10, the applicant acknowledges that
many of the proposed activities have the potential to generate dust. Nevertheless, it
- 13 is argued that sand and gravel deposits above the water table would retain
appreciable water content, which would limit dust emissions when the material is
extracted and any dust on haul roads could be minimised with the use of water when
necessary. Moreover, sand extraction operations would take place no nearer than
100m from the rear gardens of residential properties on Carrington Road and 70m
from an outbuilding and 100m from residential properties at Rigshaw Bridge
Cottages and the site would be restored at a lower level than the previous planning
application proposed. The Environmental Statement concludes that the proposed
development would be unlikely to lead to a decrease in local air quality and that any
dust occurrence event would be limited and of short duration.
The Environmental Statement contains a noise assessment that includes details of
existing background noise levels at noise sensitive receptors and details of predicted
noise levels based on an assessment of sound power levels of the plant and
equipment proposed to be used in relation to attenuation features and distance from
sensitive receptors. The predicted noise levels would be within Government
guidance criteria derived from Annex 2 of MPS2, which establishes the principles to
be followed in respect of noise control.
The assessment concludes that predicted worst-case noise levels from normal
operations would not exceed background levels by more than 10dB(A) at noise
sensitive properties. In addition, short term events such as construction of soil
storage mounds which have the potential to generate higher level noise events
would not exceed a guidance recommended upper limit of 70 dB(A) LAeq (1h)(free
field) at any noise sensitive location.
Views have been expressed that the noise assessment fails to include the likely
noise impacts associated with the pumping of water that would be required as rainfall
and surface run-off accumulates on the quarry floor and noise associated with the
processing plant. It is considered that the applicant has adequately accounted for
processing plant within the predicted noise calculations, although it is appreciated
that this is on the basis of typical noise levels rather than the plant specifically
proposed. Nevertheless, the plant would be far removed from residential properties
at the west of the site and overall noise levels could be controlled by condition. With
regards to pumping, the applicant only proposes to extract minerals above the water
table. It is not anticipated that any extensive pumping of water would be required.
However, should localised pumping be needed, this could be restricted to normal
hours of working. Any associated noise could also be controlled by way of a noise
limit condition.
In view of the noise assessment and aforesaid Guidance, it is considered that the
predicted noise levels would not have an unacceptable adverse impact on
surrounding residential properties. However, should planning permission be granted,
it is recommended that a condition be imposed to control noise levels to the
predicted levels identified in the ES.
The applicant proposes to operate the site between 0730 and1800 hours Monday to
Friday and between 0800 and 1200 hours on Saturdays. No work would be carried
out on Sundays or Public Holidays. Topsoil and subsoil stripping and replacement
operations are only proposed to be carried out between the hours of 0900 – 1700
- 14 Monday to Friday and 0900 – 1230 on Saturdays. The proposed hours of operation
are considered acceptable for this type of development.
Concern has been raised that residents have already been subjected to a long
history of minerals and waste operations in the area and that there could be a
cumulative impact arising from the concurrent working of the proposed development
with Rigby Houghton House Landfill Site. Policy 4 of the Lancashire Minerals and
Waste Local Plan specifies that developments will only be permitted if the cumulative
material effects of the proposal and any other similar former, existing or proposed
developments in the vicinity of the site would be acceptable when assessed against
the criteria set out in Policy 2.
Rigby Houghton House Landfill Site accepts a range of domestic, commercial and
industrial biodegradable wastes and the day-to-day management of the site is
controlled under the provisions of a waste management licence/PPC permit issued
by the Environment Agency. In view of the respective site locations it is not
considered that there would be a measurable cumulative impact from the two sites
other than from traffic on Wigan Lane. The Section Manager (Traffic and Safety) is
satisfied that the highway can accommodate the numbers of vehicles generated by
the development.
Following the refusal of planning application 09/05/0018, concern has been raised
that the applicant’s main aim in this instance would be to create a void space
suitable for future landfilling, which would be subject of a separate planning
application. The applicant is entitled to submit a planning application and each must
be determined on its merits and in accordance with the development plan, unless
material considerations indicate otherwise. The acceptability of this application for
sand extraction and restoration without the importation of waste must be considered
in view of what is proposed rather than what might be proposed in future and what
impacts any future proposal may generate.
As discussed earlier, planning application 09/05/0018 was refused, partly on the
grounds that the proposed development would generate unacceptable levels of
noise and dust nuisance at adjacent residential properties as a consequence of the
inadequate buffer zone between the site and neighbouring residential properties.
Overall, it is considered that the removal of the landfilling element from this proposal,
in combination with the proposed mitigation measures would not result in an
unacceptable adverse impact on local residents.
Landscape, visual impact and restoration
The site lies within the Industrial Foothills and Valleys landscape character type
identified under Policy 20 of the Joint Lancashire Structure Plan. Proposed
developments must be appropriate to the landscape character type within which they
are situated and contribute to its conservation, enhancement or restoration or the
creation of appropriate new features.
The site would be restored in a phased manner to provide agricultural grassland with
surrounding mixed grassland, woodland, ponds and concessionary footpaths.
Advanced planting would be undertaken on land between the proposed excavations
- 15 and Carrington Road. As the proposal does not include restoration through the
importation of waste, the proposed final contours for the site would provide a basin
feature with a central low point of 80m AOD rising to existing land levels around the
perimeter of the site. Initially, it was considered that the proposed final levels would
potentially restrict free drainage from the site following restoration. The applicant
subsequently amended the final restoration levels to promote passive drainage of
water from the site.
British Waterways initially objected to the proposed development due to the
envisaged detrimental impact of the proposed soil storage mounds on the amenity of
users of the adjacent Leeds and Liverpool Canal. British Waterways suggested that
storage mounds should be moved away from the canal. In response, the applicant
has amended the plans, which now show the location of storage mounds at between
6 and 12m from the canal towpath. Given the existing hedging on the site boundary
and the fall of the land from the towpath into the site, this amendment is considered
acceptable.
The restoration proposals are considered appropriate to the character of the area by
linking in with the surrounding contours and by providing enhancement to the
existing landscape in the long term. To ensure that the restoration proposals would
be maintained and managed over a longer period of time than that which could be
controlled by planning condition, the applicant has agreed to submit a management
plan for landscaping, habitats and public access under the provisions of a Section
106 Agreement. This would be for an additional 10 years following the 5 year
aftercare period which can be imposed by condition. It is considered that the
applicant has satisfactorily demonstrated that the site would be reclaimed to a
condition fit for an acceptable after use in accordance with the policies of the
development plan.
Slope stability and water resources
Concern has been raised that the development could undermine the structural
stability of residential properties adjacent to the site, that operations would pollute
the Eller Brook watercourse and that hydrogeological and slope stability
assessments forming part of the ES are inadequate.
The Environment Agency, as statutory consultee with responsibility for protecting the
water environment has raised no objection to the application but recommends that
any subsequent approval should be subject to conditions, as recommended, to
control the impact on groundwater.
The HM Inspector of Health and Safety for the Health and Safety Executive has
noted that stability analysis has been carried out on the geotechnical features of the
proposal, which provides some confidence in the design approach. It is
acknowledged that the applicant will be required to abide by the relevant health and
safety law and in particular the requirements of the Quarries Regulations 1999.
Under this legislation, the applicant would have to demonstrate that the proposal
would not compromise the safety of site operatives and impact on surrounding land
uses.
- 16 British Waterways has identified that a culvert numbered 133 passes under the canal
from the north side, to the west of the Allanson Hall Bridge and is believed to be
900mm internal diameter under the canal. The culvert contains an unnamed drain
and its pathway beyond the canal has not been determined. Should this culvert pass
through the proposed area of excavation provision would have to be made to allow
for its diversion. It is recommended that a condition be imposed to provide for the
investigation of the pathway of the culverted drain and the measures to be taken
should the culvert be found to be within the proposed development site.
Ecology and nature conservation
Although the site is not designated as one of ecological value, the Environmental
Statement provides details of surveys undertaken to assess the impact on protected
species and the County Ecologist has commented that it is unlikely the proposed
works would have a significant impact on any populations of bats, Great Crested
Newts or Water Voles. The ES states that Water Voles have been identified in Eller
Brook, which flows alongside the existing access. However, this area is beyond the
operation area and is unlikely to be affected. Should planning permission be granted
and the presence of protected species be subsequently detected or suspected then
Natural England would have to be contacted for further advice to avoid offences
being committed under the relevant Act.
Proposed development operations could disturb breeding birds and for this reason a
condition is recommended, should planning permission be granted, to ensure that
the stripping of soils would be undertaken outside the bird-breeding season.
It is recognised that restoration proposals have the potential to contribute to the
various UK and Lancashire Biodiversity Action Plan (BAP) targets. The applicant
has provided detailed proposals, which include creation of agricultural grassland,
species rich pasture, wet and neutral grassland, oak woodland and the creation of
several ponds. The overall scheme is considered appropriate and further details of
long term maintenance and management would form part of a management plan
submitted in accordance with a Section 106 Agreement as discussed previously.
Public Rights of Way
Footpath Numbers 11 and 12 in the Chorley District follow the application site
boundary to the east and south respectively. The applicant’s proposals make
provision for a branched concessionary footpath across the northern section of the
restored site.
The Rambler’s Association has objected to the proposal unless a concessionary
footpath be provided to link Footpath 12 with Footpath 57 via the south east of the
site to avoid the necessary access road crossings. Given the relatively low number
of vehicle movements that would take place along the access road and given that
the concessionary footpath would be required to cross a section of road used by an
existing haulage company beyond the application site, it is considered unreasonable
in this instance to require the applicant to implement an alternative/additional route.
- 17 Archaeology
The County Archaeologist has advised that the archaeological section of the ES is
appropriate and that no further archaeological work appears necessary.
Human Rights Act
Subject to the imposition of conditions, it is not considered that the proposal would
affect not affect any Convention Rights under the Human Rights Act.
Conclusion
The applicant is proposing to wash and screen approximately 522,000 tonnes of
excavated sand and gravel, which would be considered to represent high-grade
sand in policy terms. Policy 48 of the Lancashire Minerals and Waste Local Plan
provides for the release of high grade sand for which there is a landbank shortage
across Lancashire; this proposal would contribute towards meeting the County’s
overall requirement for the current Plan period and beyond.
The extraction of sand and gravel would not be inappropriate development in Green
Belt and the proposed restoration of the site would contribute to the achievement of
objectives for the use of land within Green Belts. A number of proposed conditions
should ensure that high environmental standards are maintained and the site is well
restored.
Subject to the conditions recommended it is considered that site operations would
not have an unacceptable adverse impact on the amenity of local residents, the local
highway network or the environment and it is therefore considered that the proposed
development complies with the policies of the Development Plan and should be
supported.
Summary of Reasons for Decision
The proposed extraction of high grade sand and gravel would contribute towards a
requirement to provide for the maintenance of appropriate levels of reserves for
Lancashire. The development would not be contrary to Green Belt Policy and would
not have an unacceptable adverse impact on local residents, the highway network or
the environment. The proposed development complies with the policies of the
Development Plan. The policies of the Development Plan relevant to this decision
are Policies ER1, ER2, ER6, ER9 and ER10 of the Regional Spatial Strategy for the
North West, Policies, 6, 20, 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 3, 13, 21, 22, 23, 37, 48, 49, 106, 107, 108 and 112 of the Lancashire
Minerals and Waste Local Plan and Policies DC1, EP17, EP20 and EP21 and TR4
of the Chorley Borough Local Plan.
Recommendation
That, after first taking into consideration the environmental information, as defined in
the Town and Country Planning (Environmental Impact Assessment) (England and
Wales) Regulations 1999, submitted in connection with the application, and subject
- 18 to the applicant entering into a S.106 agreement for the management of the
landscaping, habitats and public access for a period of 10 years beyond the 5 year
aftercare period, planning permission be granted subject to the following conditions:
Time Limits
1.
The development shall commence not later than 3 years from the date of this
permission.
Reason: Imposed pursuant to Section 91 (1)(a) of the town and Country
Planning Act 1990.
2.
The development, including the final restoration of the site, shall be completed
by 31 December 2016 in accordance with the conditions to this permission.
Reason: To provide for the completion and progressive restoration of the site
within the approved timescale in the interest of local amenities, the visual
amenity and to secure the proper restoration of the site, and to conform with
Policies 2, 3, 13, 21, 22, 23, 37, 48, 49, 106, 107, 108 and 112 of the
Lancashire Minerals and Waste Local Plan and Policies DC1, EP17, EP20
and EP21 and TR4 of the Chorley Borough Local Plan.
Working Programme
3.
The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following documents:
a. The Planning Application and Environmental Statement dated July 2006.
b. Submitted Plans:
Drawing no. 2 – Site Boundary Plan
Drawing no. 7 – Location of Boreholes and Piezos
Drawing no. 8 – Option 2 Excavation
Drawing no. 10 – Schematic Cross Sections of Restoration Ground Levels
Drawing no. 11 – Schematic Cross Sections of Restoration Ground Levels
Drawing no. 12 – Option 2 Excavation (Sheet 1 of 4)
Drawing no. 13 - Option 2 Excavation (Sheet 2 of 4)
Drawing no. 14 - Option 2 Excavation (Sheet 3 of 4)
Drawing no. 15 - Option 2 Excavation (Sheet 4 of 4)
Amended Drawing no. 16 – Phasing Working, Version 5
Amended Drawing no. 17 – Location of Overburden Mounds, Version 5
Drawing no. 19 – Wheelwash and Weighbridge Location
Drawing no. 20 – Access and Visibility Splays
Drawing no. 21 – Proposed Areas to be Grubbed-Up
Drawing no. 22 – Proposed Planting of Access Road
Amended Drawing no. 24 – Schematic Ground Level Cross Section,
version 1
Amended Drawing no. 25 – Location of Landscape Cross Sections,
version 4
- 19 Drawing no. 26 – Phased Restoration
Amended Drawing no. 28 – Restoration Masterplan, Version 4
Drawing no. 29 – Aerial Photograph after Restoration
c. All schemes and programmes approved in accordance with this schedule
of conditions.
Reason: For the avoidance of doubt and to enable the Local Planning
Authority to adequately control the development and to minimise its impact on
the amenities of the local area and to conform with Policies 2, 3, 13, 21, 22,
23, 37, 48, 49, 106, 107, 108 and 112 of the Lancashire Minerals and Waste
Local Plan and Policies DC1, EP17, EP20 and EP21 and TR4 of the Chorley
Borough Local Plan.
Site Management
4.
A copy of the conditions, and all documents referred to in Condition 3, to
which this permission is subject shall be made available at the site office at all
times throughout the development.
Reason: For the avoidance of doubt and to ensure all site operatives are
aware of the planning conditions and to conform with Policies 2, 3, 13, 21, 22,
23, 37, 48, 49, 106, 107, 108 and 112 of the Lancashire Minerals and Waste
Local Plan and Policies DC1, EP17, EP20 and EP21 and TR4 of the Chorley
Borough Local Plan.
5.
No development shall commence until details of the location, design and
specification of the sand and gravel washing and screening plant have been
submitted to and approved in writing by the County Planning Authority.
Thereafter, the approved plant shall be maintained in full working order and be
used for the processing of all sand and gravel throughout the development.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to prevent the pollution of adjacent
land and to conform with Policies 20 and 26 of the Joint Lancashire Structure
Plan, Policies 2, 13 and 112 of the Lancashire Minerals and Waste Local Plan
and Policies EP17, EP20 and EP21 of the Chorley Borough Local Plan.
6.
A topographical survey of the site shall be submitted annually to the County
Planning Authority within one month of the anniversary of the date of this
permission until the end of the aftercare period referred to in the conditions to
this permission. The survey shall have been carried out within two months
preceding the date of the anniversary of this permission and shall consist of a
plan drawn to a scale not less than 1:1250 which identified all surface features
within the site and a 10 metre grid survey identifying levels related to
ordnance datum over all the land where wastes have been deposited.
Reason: To enable the Local Planning Authority to monitor the site and to
ensure compliance with the planning permission and to conform with Policies
6, 20 and 26 of the Joint Lancashire Structure Plan, Policies 2, 3, 13, 48, 107
- 20 and 112 of the Lancashire Minerals and Waste Local Plan and Policy DC1 of
the Chorley Borough Local Plan.
7.
The provisions of Part 19 Class B of Schedule 2 of the Town and Country
Planning (General Permitted Development) Order 1995 or any amendment,
replacement or re-enactment thereof are excluded and shall not apply to this
development. Any development referred to in that part shall only be carried
out pursuant to a planning permission granted under Part III of the Town and
Country Planning Act 1990 or any amendment, replacement or re-enactment
thereof.
Reason: To maintain the Local Planning Authority’s control of the
development and to safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 6, 20 and
26 of the Joint Lancashire Structure Plan, Policies 2, 14, and 112 of the
Lancashire Minerals and Waste Local Plan and Policies DC1 of the Chorley
Borough Local Plan.
8.
No minerals shall be processed or stockpiled outside the ‘Operational Area’
shown on drawing no. 16 and stockpiles shall not exceed 4 metres in height.
Reason: To safeguard the visual amenity and amenity of local residents and
adjacent properties/landowners and land users and to conform with Policies
20 and 26 of the Joint Lancashire Structure Plan, Policies 2, 13 and 112 of the
Lancashire Minerals and Waste Local Plan and Policy EP21 of the Chorley
Borough Local Plan.
9.
No minerals shall be sold direct to the general public from the site.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2, 13, 37 and 112 of the Lancashire
Minerals and Waste Local Plan and Policy TR4 of the Chorley Borough Local
Plan.
10.
No mining operations shall take place until a scheme and programme of
measures that shall be taken to ensure that the proposed development would
not impact on Culvert No. 133, which passes beneath the Leeds-Liverpool
canal onto the application area has been submitted to and approved in writing
by the County Planning Authority.
Reason: To safeguard the Leeds-Liverpool Canal and the amenity of local
residents and adjacent properties/landowners and land users and to conform
with Policies 22, 26 and 28 of the Joint Lancashire Structure Plan, Policies 2,
22, 23 and 112 of the Lancashire Minerals and Waste Local Plan and Policy
EP17 of the Chorley Borough Local Plan.
Hours of Working
- 21 11.
No mining operations, water pumping operations or restoration shall take
place outside the hours of:
0730 to 1800 hours, Mondays to Fridays except Public Holidays
0800 to 1200 hours on Saturdays
No mining operations, water pumping operations or restoration shall take
place at any time on Sundays or Public Holidays. This condition shall not
operate so as to prevent the carrying out, outside these hours, of essential
maintenance to plant and machinery used on site.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2, and 112 of the Lancashire
Minerals and Waste Local Plan and Policy EP20 of the Chorley Borough Local
Plan.
12.
Notwithstanding Condition 11, no topsoil and subsoil stripping and
replacement operations including screening mound formation shall take place
outside the hours of:
0900 to 1700 hours, Mondays to Fridays except Public Holidays
0900 to 1230 hours Saturdays
No topsoil and subsoil stripping and replacement operations shall take place
at any time on Sundays or Public Holidays.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2, and 112 of the Lancashire
Minerals and Waste Local Plan and Policy EP20 of the Chorley Borough Local
Plan.
Highway Matters
13.
The sole access and egress from the site shall be from A5106 Wigan Lane as
shown on Drawing no. 20.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 37 of the Lancashire Minerals and Waste Local Plan and
Policy TR4 of the Chorley Borough Local Plan.
14.
No development shall take place until visibility splays measuring 4.5 metres
by 215 metres at either side of the junction of the site entrance and Wigan
Lane have been implemented. On completion of the works, the visibility shall
be maintained free from all obstructions above a height of one metre
measured above carriageway level.
- 22 Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 37 of the Lancashire Minerals and Waste Local Plan and
Policy TR4 of the Chorley Borough Local Plan.
15.
No development shall commence until details of the design and specification
of the weighbridge office, weighbridge and wheel cleaning facilities shown on
Drawing no. 19 have been submitted to and approved in writing by the County
Planning Authority. Thereafter, the approved facilities shall be maintained in
full working order and be used by all Heavy Goods Vehicles leaving the site
throughout the development.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 26 of the Joint Lancashire Structure Plan, Policies 2, 13,
37 and 112 of the Lancashire Minerals and Waste Local Plan and Policies
DC1 and TR4 of the Chorley Borough Local Plan.
16.
Any internal haul road or private way between the wheel cleaning facilities
and the A5106 Wigan Lane shall be metalled and drained and shall be kept
clear of debris along its entire length throughout the development.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 26 of the Joint Lancashire Structure Plan, Policies 2, 37
and 112 of the Lancashire Minerals and Waste Local Plan and Policy TR4 of
the Chorley Borough Local Plan.
17.
Wheel cleaning facilities shall remain available for use at all times during the
development so as to ensure that no debris from the site is deposited by
vehicle wheels upon the public highway and shall be maintained in full
working order at all times throughout the development.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 26 of the Joint Lancashire Structure Plan, Policies 2, 37
and 112 of the Lancashire Minerals and Waste Local Plan and Policy TR4 of
the Chorley Borough Local Plan.
18.
A written record shall be maintained at the site office of all movements out of
the site by heavy goods vehicles. Such records shall contain the vehicles’
weight and the time and date of the movement and shall be made available
for inspection by the County Planning Authority or his representative on
request. The records shall be retained at the site for a period of twelve
months.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 26 of the Joint Lancashire Structure Plan, Policies 2, 37
- 23 and 112 of the Lancashire Minerals and Waste Local Plan and Policy TR4 of
the Chorley Borough Local Plan.
19.
All vehicles transporting minerals from the site shall be securely sheeted.
Reason: In the interest of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy 26 of the Joint Lancashire Structure Plan, Policies 2, 37
and 112 of the Lancashire Minerals and Waste Local Plan and Policies TR4
and EP21 of the Chorley Borough Local Plan.
Noise and Dust
20.
Noise emitted from the site shall not exceed 50dBLAeq (1hour) (free field), as
defined in this permission, when measured at the site boundary adjoining the
residential properties of Rigshaw Bridge Cottages, Sandons Farm and
Carrington Road at a point closest to the noise source:
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2 and 112 of the Lancashire Minerals
and Waste Local Plan and Policy EP20 of the Chorley Borough Local Plan.
21.
All plant, equipment and other machinery used in connection with the
operation and maintenance of the site shall be equipped with effective
silencing equipment or sound proofing equipment to a standard of design set
out in the manufacturer’s specification and shall be maintained in accordance
with the specification at all times.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2 and 112 of the Lancashire Minerals
and Waste Local Plan and Policy EP20 of the Chorley Borough Local Plan.
22.
Measures shall be taken to ensure that no dust or wind blown material is
carried on to adjacent property and in particular shall include the watering of
all haul and access roads and the spraying of storage heaps or areas as
necessary during dry weather conditions.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy 26 of the
Joint Lancashire Structure Plan, Policies 2 and 112 of the Lancashire Minerals
and Waste Local Plan and Policy EP21 of the Chorley Borough Local Plan.
Water Management
23.
No development shall commence until a scheme and programme for the
definition of a surface representing the highest natural variation in the water
table at the site has been submitted to and approved in writing by the County
Planning Authority. The definition of this surface shall be established through
- 24 the provision of monthly groundwater level monitoring data for a period of at
least 12 months from each of the existing groundwater monitoring boreholes
identified on drawing number 7 of this permission. The existing network of 4
monitoring boreholes shall be augmented with 2 additional groundwater
monitoring boreholes, one positioned just outside the northern extremity of
proposed excavation area and one just outside the southern extremity. The
monitoring boreholes must be capable of monitoring groundwater level
variation throughout the thickness of sand aquifer.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
24.
Mineral extraction shall not take place below a surface defined as being 1
metre above the surface defined as the ‘highest natural variation in the water
table’ established through approval of Condition 23.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
25.
The groundwater level in all of the monitoring boreholes and the level of the
excavation base shall be maintained, monitored and recorded at monthly
intervals throughout the development and shall be reported to the County
Planning Authority at 6 monthly intervals following commencement of
development. Details of the depth and construction of groundwater
monitoring points shall be supplied with the report and all levels must relate to
ordnance datum.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
26.
Provision shall be made for the collection, treatment and disposal of all water
entering or arising on the site to ensure that there shall be no discharge of
contaminated or polluted drainage to ground or surface waters.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
- 25 27.
All foul drainage shall be discharged to a public sewer or else to a sealed tank
and the contents of the tank shall be removed from the site completely.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan
Policy EP17 of the Chorley Borough Local Plan.
28.
Any chemical, oil or fuel storage containers on the site shall be sited on an
impervious surface with bund walls; the bunded areas shall be capable of
containing 110% of the container’s or containers’ total volume and shall
enclose within their curtilage all fill and draw pipes, vents, gauges and sight
glasses. There must be no drain through the bund floor or walls. Double
skinned tanks may be used as an alternative only when the design and
construction has been approved, in writing, by the County Planning Authority.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
29.
Repair, maintenance and fuelling of plant and machinery shall only take place
on an impervious surface drained to an interceptor and the contents of the
interceptor shall be removed from the site.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform with Policies 22 and 26 of the Joint Lancashire Structure Plan,
Policies 2, 23 and 112 of the Lancashire Minerals and Waste Local Plan and
Policy EP17 of the Chorley Borough Local Plan.
Soils and Overburden
30.
No movement of topsoil or subsoil shall occur during the period from 1
October to 30 April (inclusive) without the prior written consent of the County
Planning Authority. At other times the stripping, movement and respreading
of top and subsoils shall be restricted to occasions when the soil is dry and
friable and the ground is sufficiently dry to allow the passage of heavy
vehicles, plant and machinery over it without damage to the soils.
Reason: To ensure the proper removal and storage of soils to ensure
satisfactory restoration and to conform with Policy 26 of the Joint Lancashire
Structure Plan and Policies 2, 13, 106, 108 and 112 of the Lancashire
Minerals and Waste Local Plan.
31.
All available topsoil and subsoil shall be stripped from any part of the site
before that part is excavated or is traversed by heavy vehicles, plant or
machinery, or roads, buildings, plant yards or stores are constructed on it. All
- 26 stripped topsoil and subsoil shall be stored in separate mounds within the site
for use in the restoration of the site.
Reason: To ensure the proper removal and storage of soils to ensure
satisfactory restoration and to conform with Policy 26 of the Joint Lancashire
Structure Plan and Policies 2, 13, 106, 108 and 112 of the Lancashire
Minerals and Waste Local Plan.
32.
No topsoil, subsoil or overburden shall be sold or otherwise removed from the
site without the prior written approval of the County Planning Authority.
Reason: To ensure satisfactory restoration of the site and to conform with
Policy 26 of the Joint Lancashire Structure Plan and Policies 2, 13, 106, 108
and 112 of the Lancashire Minerals and Waste Local Plan.
33.
No site clearance works shall be undertaken, no trees, bushes or hedges
within the development site shall be removed, lowered or pruned and no soil
stripping shall take place during the bird-nesting season between 1 March and
31 July inclusive. If areas cannot be cleared outside this time, they should be
checked for breeding birds in accordance with English Nature’s Guidance and
if appropriate, an exclusion zone set up. No work shall be undertaken within
the exclusion zone until birds and any dependant young have vacated the
area.
Reason: To protect nesting birds and to conform with Policy 2 of the
Lancashire Minerals and Waste Local Plan
Restoration
34.
No mining operations shall take place until a scheme and programme for the
final restoration of the site for the purposes of agriculture and amenity has
been submitted to and approved in writing by the County Planning Authority.
The scheme and programme shall include details of:
a) The removal of all plant, machinery, buildings, structures, erections and
their foundations including the removal of all internal haul roads,
subsidiary site roads and hard-standing areas.
b) The replacement of soils or soil making materials including the details of
the materials to be used, depths of replacement and their treatment; the
scheme and programme shall provide for the upper layers of the site/fill
material to be subsoiled (rooted) to a depth of 600mm with a heavy-duty
subsoiler (winged) prior to the replacement of top and sub soils; the
overall depth of topsoil and subsoil to be replaced during restoration to be
not less than 1.2 metres; no layer of subsoil to exceed 450mm thickness
before it is subsoiled (rooted), and this rooting operation must penetrate at
least 15mm into each underlying layer to relieve compaction at the
interface. In addition the details shall provide for the removal of rocks,
- 27 stone, or other material capable of preventing or impeding normal
agricultural drainage operations.
c) The landscaping of restored areas including seeding or tree/shrub
planting including details of mixes and species to be used, methods of
planting and seeding and measures to be taken to secure establishment;
d) The measures to be employed to promote plant growth.
e) Details of stockproof fencing
The approved scheme and programme shall be carried out in its entirety
unless otherwise agreed in writing with the County Planning Authority.
Reason: To ensure satisfactory restoration of the site and to conform with
Policies 6 and 28 of the Joint Lancashire Structure Plan and Policies 2, 13,
14, 106, 107 109 and 112 of the Lancashire Minerals and Waste Local Plan.
Aftercare and Monitoring
35.
Within 3 months of the certification in writing by the Mineral Planning Authority
of the completion of restoration a scheme and programme for the aftercare of
the site for a period of 5 years to bring the land to a standard fit for agriculture
and amenity shall be submitted to the Mineral Planning Authority.
The scheme and programme shall include details of:
a) Maintenance of the restored site for agriculture and amenity purposes;
b) A regime for controlled grazing;
c) Maintenance of tree/shrub planting which shall include, where necessary,
watering, replacement of dead, dying or diseased trees, thinning and
weeding.
d) An annual inspection, to be undertaken in conjunction with
representatives of the County Planning Authority, to assess the works that
shall take place in the following year.
Reason: To ensure that the site is returned to a beneficial afteruse and to
conform with Policy 26 of the Joint Lancashire Structure Plan and Policies 2,
13, 106 and 112 of the Lancashire Minerals and Waste Local Plan.
36.
A monitoring report shall be submitted to the Mineral Planning Authority
annually by 31 December until the end of the aftercare period.
The report shall include:
a) Any operations carried out on the land during the previous 12 months in
respect of mineral extraction;
- 28 -
b) Measures taken to implement the landscaping, progressive restoration
and habitat creation;
c) Measures taken to implement the aftercare provisions;
d) Intended operations for the next 12 months.
Reason: To ensure that the site is returned to a beneficial afteruse and to
conform with Policy 26 of the Joint Lancashire Structure Plan and Policies 2,
13, 106, and 112 of the Lancashire Minerals and Waste Local Plan.
Definitions
For the purposes of this permission the following expressions shall mean:
Heavy goods vehicle: a vehicle of more than 7.5 tonnes gross weight.
Planting season: the period between 1 October in any one year and 30 March in
the following year.
Free field: at least 3.5 metres away from the facade of a property or building.
Completion of restoration: the date the County Planning Authority certifies in
writing that the works of restoration have been completed satisfactorily.
Notes
The grant of planning permission does not remove the need to obtain the relevant
statutory consents/licences from the Environment Agency and/or Natural England.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
Contact/Directorate/Ext
DIF 09/05/0018, 09/05/0867
November 2006
Robert Hope
Environment
34159
Reason for inclusion in Part II, if appropriate
N/A