Report Reference: 5.3

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director for Communities

Report to: Planning and Regulation Committee

Date: 3 December 2012

Subject: County Matter Application – S68/0254/12 and S68/0270/12

Summary:

Two separate but inter-related applications have been made by Mick George Ltd with respect to the western part of the South Witham Quarry, Mill Lane, South Witham. These seek planning permission:

(A) To restore the north western part of the South Witham Quarry to agriculture utilising imported inert waste (S68/0254/12); and (B) To produce recycled aggregate from imported waste (S68/0270/12). The first application proposes to widen the scope of the materials that can be used in the restoration of the north western quadrant of the quarry to include 60,000 cubic metres of inert waste, whilst the second application seeks to produce recycled aggregate from any imported inert waste suitable for that use.

It is considered that the proposals would be contrary to the National Planning Policy Framework 2012 (NPPF) and the development plan because:

the applicant has not demonstrated that the proposals would meet the “proximity principle” that requires waste to be disposed of (or otherwise managed) close to the point it is generated;

it is considered that there is already sufficient landfill capacity in this part of the County;

it is considered that the tipping levels are excessive and are likely to lead to a delay in the restoration of the quarry;

the applicant has had no regard to increasing the biodiversity/geodiversity of the quarry, whilst the proposed restoration to agriculture (grassland) would not be particularly beneficial;

mineral reserves within the applicant’s operational area (south of Mill Lane) are nearing exhaustion - although there are still mineral reserves to the north of Mill Lane, either a new planning permission or the requirements of the existing planning conditions must be met before mineral working can commence in that area. In the interim, there appears to be little scope for the inert waste to be brought in to the quarry as “return loads”; and

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a current planning restriction on the haul road in Rutland would preclude its use in relation to these proposals, and the applicant has not so far applied to Rutland County Council to lift that restriction.

Recommendation:

That both applications are refused for the reasons set out in this report.

Background 1. The South Witham Quarry is located to the south of Mill Lane in South

Witham and is split between two operators. Mick George Ltd operates the western part of the quarry and Breedon Aggregates Ltd operates the eastern part.

The quarry was worked for many years under two separate mineral

permissions, one being an old limestone permission and the other an old ministerial ironstone consent. The ironstone consent was granted for the winning and working of ironstone by both underground and surface methods and allowed for the removal of the overlying limestone. It extends to a large area of land to the north of Mill Lane although, to date, no surface mineral working has taken place from that area.

2. In 1996 the area covered by the two permissions was classified as an Active

Phase 1 Mineral Site under the provisions of the Environment Act 1995. In response, four separate applications were made to review the planning conditions by the various parties with an interest in the site. These were:

Mick George Haulage Ltd – the operator of the western part of the

quarry; Redland Aggregates – the operator (at that time) of the eastern part of

the quarry; the British Steel Pension Fund – one of the principal owners of the site;

and the Buckminster Estate - the other principal owner of the site.

3. In accordance with the requirements of the Act, these applications were

treated as a single application and new conditions were finally determined for the site on 2 February 2002 (the “Initial Review”). As part of that review, an overall concept restoration plan was agreed between the applicants for the area to the south of Mill Lane. This envisages the sides of the quarry being graded with quarry waste, with subsequent restoration to agriculture. Whilst that concept restoration plan was referred to in the determination, full details of the restoration were reserved by condition to ensure:

the restoration levels could be achieved utilising only quarry waste [i.e.

the existing mineral permissions did not expressly allow for the importation of restoration materials]; and

the restoration of both parts of the site remained compatible.

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4. Since the Review was undertaken a number of changes have taken place at the quarry. In the western part of the quarry (operated by Mick George Ltd), planning permissions have been granted for:

the importation of inert fill material for the stabilisation of old mine

workings underlying that part of the quarry (S68/0562/97); the importation of soils for use in the restoration of that area

(S68/0672/01); and the extension of the quarry, with restoration also involving the use of

imported soils (S68/0581/00). 5. The latter planning permission was subject to a condition that it could not be

implemented until a new haul road had been constructed to Witham Road in Thistleton in accordance with a planning permission granted by Rutland County Council. That haul road was constructed shortly after and allows HGVs from Mick George’s operational area to access the A1 without having to pass through the settlement of South Witham.

6. Both parts of the quarry are now nearing exhaustion and discussions have

taken place with the two operators with regard to securing acceptable and compatible schemes of restoration for both areas. Member’s will recall that at their last meeting on 5 November 2012 they considered an application from Breedon Aggregates that included both a small extension to the quarry and a scheme of restoration for their operational area utilising imported fill material. At that meeting it was resolved that:

subject to Rutland County Council lifting a restriction on the use of the

associated haul road; and the completion of a Planning Obligation, that planning permission be granted subject to conditions.

7. In order to complete the restoration of the quarry, Mick George Ltd has also

submitted a scheme of restoration to cover their operational area. This, in part, involves the importation of inert waste, with provision to produce recycled aggregate from any imported material suitable for this use. As the importation of inert waste and the recycling of waste are activities that go beyond the scope of the existing permissions, two inter-related applications have been submitted to cover these proposals.

Application S68/0254/12 8. The first application by Mick George Ltd seeks planning permission to import

inert waste for use in the restoration of the north western part of the South Witham Quarry, south of Mill Lane, South Witham. The site extends over an area of 2.4ha. The applicant states that they already have planning permission to import soils for use in the restoration of the site (and for the rest of their operational area), but would like to broaden the range of materials that can be used for this purpose.

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9. Initially it was proposed to import about 150,000 cubic metres of inert waste [equivalent to about 285,000 tonnes] at a rate of 100,000 tonnes per annum to allow the north western quadrant of the quarry to be reinstated to a level close to the original ground level. The applicant stated that this would have ensured restoration to higher quality agricultural land and would have allowed the site to integrate into the wider landscape. However, in response to a request from the Council’s Planning Officer seeking data to demonstrate that the quantity of material would be sufficient to achieve the proposed landform, the applicant amended the proposal reducing the volume of material to be imported to 60,000 cubic metres. This introduces a 1:10 gradient to the north, west and southern margins of the north western quadrant with a 1:80 valley feature which would drain the area towards the east. Other quarry waste material within the applicant’s operational area would also be utilised to create the proposed landform. Once this has been done, it is proposed to place 500mm of subsoil followed by 100mm of topsoil over the restored profile to allow reinstatement to grassland.

10. The proposal forms part of an overall restoration scheme for the applicant’s

operational area. The applicant has advised that it is envisaged that over 50% of this area could be re-graded and re-soiled within two years, including the south western sector and the eastern sector. No details are given for the north-western quadrant (the subject of this application) other than that it would be progressively restored. The remaining parts of the quarry, including the plant site and mineral stockpiling area would remain unrestored as this land would be required to process mineral recovered from land to the north of Mill Lane.

11. The material to be deposited at the site would be strictly inert material and

would be imported into the site under an Environmental Permit which the applicant has advised has been applied for concurrently with this application. The inert material to be used for restoration would only be accepted at the site if it would meet the strict acceptance criteria defined in the Environmental Permitting (England and Wales) Regulations 2010 and they would be placed in an area lined with an artificial geological barrier comprising selected cohesive inert material.

12. The material would be sourced from sites within a 30 mile radius of the

quarry, including South Lincolnshire, although on occasions this may be extended as far as 45 miles.

13. The applicant states that the site is remote from residential dwellings and would not generate any significant additional HGV traffic as the material to

be imported would generally be on a back haul basis. The applicant estimates that the maximum number of daily loads is unlikely to exceed 45. These would be routed to/from the A1 via the southern access road and would not pass any residential properties.

14. The application is accompanied by a Flood Risk Assessment. This states

that the site is situated within a low probability Flood Zone (Flood Zone 1) and that the sequential test confirms that the proposal would be appropriate

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in this location. The main conclusions of the Flood Risk Assessment are that:

there is no risk of flooding on any part of the site; there are no proposals for flood defences or mitigation measures that

might increase flood risk elsewhere; runoff from the site would be controlled at greenfield rates; and the proposal should not have any adverse effect on downstream

flooding. Application S68/0270/12

15. Planning permission is also sought from Mick George Ltd to produce

recycled aggregate from imported waste at the South Witham Quarry. The applicant states that the material referred to in the first application (S68/0254/12) would come from a wide variety of sources and on occasions would contain material such as brick rubble and concrete which would be suitable to recycle as secondary aggregate.

16. The proposal would take place on the floor of the quarry floor using the existing crusher and loading shovel, with the imported material and recycled aggregate stored and stockpiled to the east of the crusher. No additional plant would be required. The site would cover an area of 0.9 ha with a maximum operational throughput of 40,000 tonnes per annum. It is envisaged that the recycling activities would be completed within seven years.

17. The applicant states that stockpiles would generally be at a level lower than the surrounding land to the north, west and south, whilst to the east lies another operational quarry. In addition, the operations would be remote from residential dwellings and would not generate any significant additional HGV traffic as the material to be processed would otherwise leave the site in an unprocessed state.

Dust Action Plan 18. Both applications are accompanied by a Dust Action Plan. This states that

when it appears from visual inspection the wind direction is towards Mill Lane, this would identify the circumstances when additional dust suppression measures should be considered. In general, the strategy would require the Site Manager to take necessary precautions to prevent adverse dust emissions. During dry conditions, water would be applied as necessary to stabilise any loose bare surfaces and stockpiled recycled aggregate. Care would be taken in respect of site haulage to control the occurrence of dust emissions, particularly during the restoration phase of the proposed development, when fill materials are being imported to the area and during soils haulage.

19. All site traffic would be kept to designated haul routes to reduce entrainment of fine material into the atmosphere. A water bowser and road sweeper

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would be made available during the site operations, to spray water to the paved site access road and to clean any deposits from the road as and when necessary. The site access road would be inspected by the Site Manager on a daily basis to determine the need for maintenance, cleaning and dust suppression. All vehicles loaded with imported fill materials (or processed mineral) would be sheeted in order to minimise spillages or wind whipping of loose material. All departing road transport would be inspected for cleanliness prior to leaving the site.

Site and Surroundings 20. The South Witham Quarry is located 15km to the south of Grantham and

1.5km to the west of the A1. It lies 80m to the west of the existing built up part of South Witham and about 0.4km to the north east of Thistleton. The quarry is bounded to the north by Mill Lane and to the South by the county boundary with Rutland. It is located in an area of gently rolling countryside and is for the main part surrounded by arable fields, but with a poultry house located 12m from the eastern boundary.

21. The South Witham Quarry is associated with the former ironstone workings

(both surface and underground) that ceased in this area in 1964, and forms part of a much larger Mineral Site that extends to the north of Mill Lane. Although no surface mineral working has taken place to the north of Mill Lane, the entrance to the old underground workings is located on that side of the road within a small woodland block. Adjacent to this woodland block, and set back from Mill Lane by 300m, is a small industrial estate.

22. The area covered by the South Witham Quarry was in the past bisected

(east-west) by a railway line. This was closed several decades ago and has now largely been worked out. Some sections have however been retained, including the western section which form a promontory into the quarry-extending about 150m from the western boundary. This promontory is covered by mature trees/shrubs and forms part of a “woodland corridor” that extends westwards along the former railway line.

23. The Quarry is well screened from distant views by dense hedgerows around

all the boundaries, supplemented in places by soil screening mounds. A public footpath, however, that runs alongside the southern boundary of the former railway line from South Witham enters the quarry on its eastern boundary. At this point the path (which was diverted in 1983) runs alongside the eastern quarry boundary, and part of the southern boundary before veering off towards Thistleton. This footpath is, for the main part, well screened from the quarry by screening bunds, supplemented by hedges.

24. Part of the South Witham Quarry was designated as a Regionally Important

Geological Site (RIGS) in 1992. Since that time the quarry has expanded and the RIGS status is currently being reviewed, with the whole quarry listed by the Greater Lincolnshire Nature Partnership as a candidate Local Geological Site pending consultation with the landowners.

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25. The Quarry was divided between two separate operators in the1990s, with Breedon Aggregates Ltd currently operating the eastern part, and the applicant, Mick George Ltd, operating the western part. The western part of the quarry is not visible from the public footpath referred to above.

26. The applicant’s operational area is accessed from Witham Road in

Thistleton (Rutland) via a surfaced haul road. Although the original access has been retained on Mill Lane, this is gated and is not used by HGVs. The site office/weighbridge and wheel wash are still located close to this access, but the internal haul road has been configured to allow these to serve the southern access on Witham Road. The section of haul road within Rutland is, however, subject to a planning condition that would preclude its use for the importation of materials for recycling.

27. Mineral reserves within the applicant’s operational area are nearing exhaustion and now appear to be largely restricted to the area adjacent to the Mill Lane access. The applicant has indicated that this area cannot be worked at present because this access would be required in relation to the working of the reserves to the north of Mill Lane (i.e. the mineral would be transported into the quarry for processing and despatch via the Witham Road access, subject to any necessary consents from this Authority and from Rutland County Council). Although the area to the north of Mill Lane forms part of the Mineral Site, no working can take place in this area until a number of planning conditions have been met. Rather than do this, however, the applicant has indicated (through the submission of a Scoping Request in 2011) that they are intending to submit a full application for part of this area involving the extraction of 1.8 million tonnes of limestone with restoration utilising 750,000 cubic metres of imported fill material.

28. Negotiations have been taking place for several years regarding the

restoration of the applicant’s operational area in relation to the existing planning conditions. Unfortunately, however, there have been delays due, in part, to the need to ensure that the restoration would be compatible with any scheme agreed with the adjacent mineral operator, Breedon Aggregates Ltd. In the meantime, the applicant has been importing material into the site which has resulted in the south western quadrant being infilled almost to original ground levels, whilst significant infilling has also taken place along the southern margin and in the eastern part of the applicant’s operational area.

29. The first application site (S68/0254/12) forms the north western quadrant of

the applicant’s operational area, between Mill Lane and the retained section of former railway line, and to the west of the haul road. This is the area which is currently being worked for limestone, but is virtually exhausted. Infilling in this area has recently commenced. This area is well screened, other than from that part of Mill Lane in the immediate vicinity of the access.

30. The second application (S68/0270/12) is located in the central part of the

applicant’s operational area, between the retained section of railway line and

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the quarry haul road. It is located on the quarry floor and is therefore well screened from public areas.

31. The two application sites in part overlap. They are remote from residential

properties - the closest being Alpine Lodge located more than 0.5km to the north east in the Mill Lane Industrial Estate, and properties in Thistleton village, more than 0.6km to the South.

Main Planning Considerations National Guidance 32. National Planning Policy Framework (NPPF) (March 2012) sets out the

Government’s planning policies for England and, at its heart, gives a presumption in favour of sustainable development. For decision-taking this means:

approving development proposals that accord with the development plan

without delay; and where the development plan is absent, silent or relevant policies are out-

of-date, granting permission unless:

- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or

- specific policies in the NPPF indicate development should be restricted.

The main policies and principles set out in the NPPF which are of relevance to this proposal are as follows (summarised):

Paragraph 32 (Transport) – states that all development that generates

significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Decisions should take account of whether, amongst other things, safe and suitable access to the site can be achieved for all people.

Paragraph 75 (Public Rights of Way) – states that planning policies

should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails.

Paragraph 103 (Flood Risk) – states that when determining applications,

local planning authorities should ensure flood risk is not increased elsewhere.

Paragraph 109 (Natural Environment) – states that the planning system

should contribute to and enhance the natural and local environment by:

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- protecting and enhancing valued landscapes, geological conservation interests and soils;

- recognising the wider benefits of the ecosystem; - minimising impacts on biodiversity and providing net gains in

biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures;

- preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and

- remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

Paragraph 118 (Biodiversity) - states, amongst other things, that when

determining applications, local planning authorities should aim to conserve and enhance biodiversity by applying a number of principles. In particular, opportunities to incorporate biodiversity in and around developments should be encouraged.

Paragraph 20 (Pollution and Land Instability) – states that to prevent

unacceptable risks from pollution and land instability, decisions should ensue that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area of proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing safe development rests with the developer and/or landowner.

Paragraph 122 (Pollution Control Regimes) – states that local planning

authorities should focus on whether the development itself is an acceptable use of land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively.

Paragraph 123 (Noise) – states that planning decisions should aim to

avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development. Decisions should also aim to mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions.

Paragraph 124 (Air Quality) – states that planning decisions should

ensure that any new development in Air Quality Management Areas is consistent with the local air quality action plan.

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Paragraph 125 (Light Pollution) – states that, by encouraging good design, planning decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscape and nature conservation.

Paragraph 144 (Mineral Extraction) – states that when determining

planning applications, local planning authorities should, amongst other things provide for restoration and aftercare at the earliest opportunity. This should be carried out to high environmental standards through the application of appropriate conditions, where necessary. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional cases.

Planning Policy Statement 10 (PPS10): Planning for Sustainable Waste Management (Revised March 2011) – states that the overall objective of Government policy on waste, as set out in the strategy for sustainable development, is to protect human health and the environment by producing less waste and by using it as a resource wherever possible. By more sustainable waste management, moving the management of waste up the ‘waste hierarchy’ of prevention, preparing for reuse, recycling, other recovery, and disposing only as a last resort, the Government aims to break the link between economic growth and the environmental impact of waste.

PPS10 goes on to state that planning applications for sites that have not been identified (or are not located in an area identified) in a development plan document as suitable for new or enhanced waste management facilities, should be considered favourably when consistent with: the policies of the PPS, including the criteria set out in paragraph 21; and the waste planning authority’s core strategy.

Paragraph 21 states that in deciding which sites and area to identify for waste management facilities, waste planning authorities should: assess their suitability for development against each of the following

criteria:

- the extent to which they support the policies in the PPS; - the physical and environmental constraints (locational criteria) on

development, including existing and proposed neighbouring land uses;

- the cumulative effect of previous waste disposal facilities on the well-being of the local community, including any significant adverse impact on environmental quality, social cohesion and inclusion or economic potential;

- the capacity of existing and potential transport infrastructure to support the sustainable movement of waste, and products arising from resource recovery, seeking when practicable and beneficial to use modes other than road transport.

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give priority to the re-use of previously-developed land, and redundant agricultural and forestry buildings and their curtilages.

The locational criteria referred to above include:

(i) protection of water resources; (ii) land instability; (iii) visual intrusion; (iv) nature conservation; (v) historic environment and built heritage; (vi) traffic and access; (vii) air emissions, including dust; (viii) odours; (ix) vermin and birds; (x) noise and vibration; (xi) litter; and (xii) potential land use conflict.

With respect to health, the PPS advises that modern, appropriately located, well-run and well regulated, waste management facilities operated in line with current pollution control techniques and standards should pose little risk to human health. The detailed consideration of a waste management process and the implications, if any, for human health is the responsibility of the pollution control authorities. However, planning operates in the public interest to ensure that the location of proposed development is acceptable and health can be material to such decisions.

Regional Policy Context 33. The East Midlands Regional Plan (RSS8) (2009) forms part of the Statutory

Development Plan for the County. The Government has announced that Regional Plans are to be abolished. In the interim, the impending abolition is a material consideration particularly where the policies of RSS8 conflict with those of the NPPF or an up-to-date Local Plan. The following policies are considered to be relevant but to have limited weight:

Policy 29 (Priorities for Enhancing the Region’s Biodiversity) states that Local Authorities, statutory environmental bodies and developers should work with the voluntary sector, landowners and local communities to implement the Regional Biodiversity Strategy, and to deliver a major step change increase in the level of biodiversity across the East Midlands. Measures should include the achievement of the East Midlands regional contribution towards UK Biodiversity Action Plan targets which include the creation of 210ha of lowland calcareous grassland by 2015, and 3735ha by 2020.

Policy 35 (A Regional Approach to Managing Flood Risk) states that development should not be permitted if, amongst other things, it would be at an unacceptable risk from flooding or create such an unacceptable risk elsewhere. However, such development may be acceptable on the basis of

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conditions or agreements for adequate measures to mitigate the effects on the overall flooding regime.

Policy 38 (Regional Priorities for Waste Management) states, amongst other things, that all relevant public and private sector organisations, including manufacturing, importing and packaging firms, should work together to implement the Regional Waste Strategy and promote polices and proposals that will result in zero growth in all forms of controlled waste by 2016 and waste being treated higher up in the ‘waste hierarchy’ set out in the National Waste Strategy. The policy goes on to state that waste development plan documents should secure high standards of restoration and, where appropriate, the aftercare of waste management facilities to contribute to the objectives of the regional spatial strategy, particularly those relating to biodiversity, recreation and amenity.

Local Plan Context 34. Local plans also form part of the Statutory Development Plan for the County.

The NPPF advises that local plans adopted under the provisions of the Planning and Compulsory Purchase Act 2004 may be given full weight until 27 March 2013. For local plans adopted under earlier legislation, due weight should be given to the relevant policies, according to their degree of consistency with the NPPF (i.e. the closer the policies in the plan to the policies in the NPPF, the greater the weight that may be given).

The Lincolnshire Minerals Local Plan (1991) (Saved Policies 2007) was not adopted under the provisions of the Planning and Compulsory Purchase Act 2004 and therefore due weight should be given to relevant policies within the Plan according to their degree of consistency with the policies of the NPPF. Although the applications are not for mineral extraction, the application for infilling relates to the restoration of a mineral working and therefore Policy M14 (Surface Mineral Working and Land Restoration Scheme Requirements) is of relevance. This states that the County Council will require proposals for surface mineral working to be accompanied by a detailed scheme of restoration of the worked out site to agriculture, forestry, or recreation/amenity use. The County Council will normally require restoration to agriculture only where grade 1 and grade 2 agricultural land is concerned. Where a recreation/amenity use is proposed it is expected that the scheme will reflect the particular suitability or sensitivity of the worked out site to formal or informal recreation, or nature conservation.

The Lincolnshire Waste Local Plan (2006) was adopted in 2006 and therefore should be given full weight. Policy WLP1 (Objective of the Plan) states that waste management proposals will be considered in relation to their contribution towards the waste management hierarchy which in order of priority is:

reduction; reuse;

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recycling and composting; energy recovery from waste; and disposal of residual waste.

When applying the hierarchy and assessing the need for waste facilities regard will be paid to:

proximity principle; regional self-sufficiency; waste planning policies and proposals of neighbouring areas; and best available techniques and the environmental setting of the facility.

Policy WLP5 (Construction and Demolition Waste Facilities) states, amongst other things, that planning permission will be granted for construction and demolition waste recycling facilities located within quarries or their associated processing plant sites and would not prevent the restoration of such provided that:

they meet the criteria of Policy WLP21; and demonstrate the arrangements for the disposal of the residual waste

from the recycling operations.

Policy WLP13 (Landfill/Landraising) states that proposals for new landfill or landraise will be permitted if the available void space in the proximity of the waste source to be serviced by the site falls below 10 years at projected disposal rates, except where inert landfill represents the most satisfactory method of restoration. It would be expected that facilities for recycling will be made available on site if appropriate. Such proposals would have to meet the criteria set out in Policy WLP21. A supporting paragraph to this policy recognises that some inert materials are of beneficial use for site reclamation. However, it goes on to state that a balance has to be drawn and operators should be encouraged to take measures that ensure the amount of inert waste tipped is kept to an absolute minimum.

Policy WLP21 (Environmental Considerations) states that planning permission for waste management will be granted where a number of environmental criteria are met. Of particular relevance to this proposal are: Airfield Safeguarding – where there would not be significant risk to

aircraft movement from bird strike hazard; Drainage, Food Protection and Water Resources – where the

development would not adversely affect the efficient workings of local land drainage systems, or where it would not be at unacceptable risk from all sources of flooding, or where it would not create an unacceptable risk of flooding elsewhere, or where it would not involve the culverting of open watercourses for reasons other than access, or where

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it would not derogate groundwater sources and resources, or where it would not harm water quality;

Dust, Odour etc - where the development including its associated traffic

movements, visual impact, noise, dust, odour, litter, and emissions, and its potential to attract scavenging birds, other vermin and insects would not have an adverse effect on local residential amenity including air quality, and/or other land uses;

Transport System – where sufficient capacity is available on the local or

wider road system for the traffic that is expected to be generated. Improvements or alternatives modes of transport can be implemented and/or where there would not be adverse effect on road safety;

Reducing Transportation – where the development proposed contributes

where appropriate to the need to minimise the impact of transport requirements; and

Recovery of Materials – where possible and appropriate the

development proposal contributes to the potential recovery of materials and energy via recycling, energy recovery and composting in reducing the amount of waste for final disposal.

The South Kesteven Core Strategy (2010) was adopted under the provisions of the Planning and Compulsory Purchase Act 2004 and therefore the policies may be given full weight. The following policies are considered to be of particular relevance:

Policy EN1 (Protection and Enhancement of the Character of the District) states that development must be appropriate to the character and significant natural, historic, cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration. In this case the site lies within the Kesteven Uplands. The policy goes on to state that all development proposals will be assessed in relation to: 1. statutory, national and local designations of landscape features,

including natural and historic assets 2. local distinctiveness and sense of place 3. historic character, patterns and attributes of the landscape 4. the layout and scale of buildings and designed spaces 5. the quality and character of the built fabric and their settings 6. the condition of the landscape 7. biodiversity and ecological networks within the landscape 8. public access to and community value of the landscape 9. remoteness and tranquillity 10. visual intrusion 11. noise and light pollution 12. Conservation Area Appraisals and Village Design Statements, where

these have been adopted by the Council

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13. impact on controlled waters 14. protection of existing open space (including allotments and public open

space, and open spaces important to the character, setting and separation of built-up areas).

Policy EN2 (Reducing the Risk of Flooding) states, amongst other things, that all planning applications should be accompanied by a statement of how surface water is to be managed and in particular where it is to be discharged. On-site attenuation and infiltration will be required as part of any new development wherever possible.

Results of Consultation and Publicity The Consultees were initially consulted on 31 January 2012, and again on 3 July 2012 following the receipt of the amended proposal and additional information. 35. (a) Local County Council Member, Councillor E R Chapman – has not

responded. (b) South Witham Parish Council – has advised that residents were invited

to a special meeting of the Parish Council at which the applications were discussed in detail.

Application S68/0254/12 – the Parish Council support the principle of

reinstatement of the quarry and has no objections to the proposal subject to the imposition of a condition effectively preventing quarry traffic accessing the site via the village of South Witham [see comments for the application below].

Application S68/0270/12 – the Parish Council has pointed out that the

recent application by Breedon Aggregates includes proposals for recycling plant, and has expressed considerable concern at the prospect of two recycling plants being located within a few hundred metres of each other. The Parish Council has therefore requested that before either application is determined, consideration be given to holding a meeting of all parties to resolve this potential over-development. The Parish has specifically requested that, should the County Council be minded to grant planning permission for this application, conditions should be imposed to cover the following matters [NB Although these comments were made specifically for this application, the matters covered would appear to be relevant to both applications]:

No quarry traffic should be allowed to pass through South Witham. A weighbridge and wheel wash must be located adjacent to the

southern access before the commencement of any operations. The hours of working of any operations should be restricted to

07:00-17:00 Monday to Friday and 07:00 – 13:00 Saturdays, with no working on Sundays, Bank Holidays or National Holidays.

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Planting should be provided of such an initial size that an effective screen of all quarry working would be maintained. Planting should be evergreen, prolific and of indigenous species.

In addition to planting, an effective fence should be erected around the quarry sides to maintain security for the quarry and to provide an adequate safety barrier.

A suitable, achievable timescale for the completion of the backfilling should be agreed before the commencement of any operations in conjunction with this application.

(c) Rutland County Council – see comments from Leicestershire County

Council. (d) Leicestershire County Council – has provided the following comments

on behalf of themselves and Rutland County Council: Application S68/0254/12 - has no objection to the revised details. Application S68/0270/12 - has advised that the southern access road in

Rutland is subject to a condition that would preclude it use by vehicles associated with the proposed recycling activities. Therefore no importation of inert waste material should commence via the southern access until an application has been submitted to and approved by Rutland County Council.

(e) Cambridgeshire County Council/Peterborough City Council - were

consulted with respect to any implications that the proposals might have on the Cambridgeshire and Peterborough Minerals and Waste Core Strategy DPD (2011). Peterborough City Council have advised that this Strategy has (Policy CS3) a “Strategic Vision and Objectives for Block Fen / Langwood Fen, Earith Mepal”. The development of the Block Fen / Langwood Fen area is a strategic resource for the recycling of construction waste and for the disposal of inert waste that cannot be recycled – arising primarily from the planned developments in Cambridgeshire. Block Fen / Langwood Fen is located fairly centrally within Cambridgeshire, as such, and with regard to the principles for sustainable waste management such as self sufficiency and proximate management of waste, a number of sites have also been allocated for inert landfill in the Peterborough area. Peterborough have, however, advised that the proposal would not appear to prejudice the Strategy and therefore they have no objection in principle.

(f) Environmental Health Officer (South Kesteven District Council) –

requests that if application S68/0254/12 is granted that:

the dust management plan submitted as part of the application be implemented in full; and

the hours of work do not exceed the current operating hours for the quarry.

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No comments have been received for application S68/0270/12.

(g) Natural England – has no objection to either proposal, but provides an informative note for the applicant advising them to remain alert to the presence of legally protected species (in particular reptiles and great crested newts).

(h) Environment Agency in response to each application has made the

following comments: Application S68/0254/12 – has no objection but has provided

informative notes for the applicant advising them that the general backfilling of a quarry will be a disposal operation, not recovery, and an Environmental Permit is likely to be required.

Application S68/0270/12 – has no objection but has provided an

informative note for the applicant that an Environmental Permit will be required before the development is commenced.

(i) Upper Witham Internal Drainage Board – in response to each

application has made the following comments: Application S68/0254/12 – provided the “soakaways” referred to in the

application are not new, purpose built, structures, but rather a natural consequence of fractured limestone, the Board has no objection. The Council must be satisfied that the underlying sub-strata can accept the dissipation of water by this method. The Board would, however, have concerns if there were to be any increase in discharge to the watercourse environment. Therefore should the drainage methodology change, the Board would wish to be re-consulted.

Application S68/0270/12 – has no comments provided the development

is completed in accordance with the details set out in the Flood Risk Assessment.

(j) Ministry of Defence – has not responded. (k) Highways Agency – has no objection to either proposal. (l) Lincolnshire Wildlife Trust – in response to each application has made

the following comments: Application S/68/0254/12- as the Council will be aware from previous

responses to applications at South Witham Quarry, the Trust would support the restoration of the quarry to nature conservation and geological education afteruses. They are therefore disappointed to note that the proposal is to restore this part of the site to agricultural land, with the importation of inert waste and soils. The restoration of the quarry could provide an excellent opportunity to develop a large area of limestone grassland habitat.

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South Witham Quarry is located in a priority area for limestone grassland re-creation. Limestone grassland is a UK and Lincolnshire Biodiversity Action Plan (BAP) priority habitat. Re-creation of limestone grassland at this site would help to meet targets in the UK and Lincolnshire BAP. It would also fit in well with a partnership project including Lincolnshire County Council called ‘Lowland calcareous grassland in the Lincolnshire and Rutland Limestone Natural Area’, or ‘Life on the Verge’ (www.lifeontheverge.org.uk).

South Witham Quarry was notified as a Regionally Important Geological Site (RIGS) in 1992. It was considered to be of geological value because of its exposures of the Lower and Middle Lincolnshire Limestone and the Crossi Bed between the two. The Trust would therefore support the retention of open rock faces as a geological educational resource as part of the restoration proposals. These will be of value to wildlife as they become colonised by plants and animals as well as being a geological educational resource. Any important geological features should be left exposed and the Trust would suggest that a member of the Lincolnshire Geodiversity Team (formally Regionally Important Geological Sites Team) be invited to visit the site at the appropriate time to ensure that the most important areas are to be left exposed. Application S68/0270/12 - given that the works will take place in an area subject to existing disturbance from quarrying operations, the Trust have no comments to make in this instance.

(m) Lincolnshire Biodiversity Partnership – has not responded. (n) Highways (Lincolnshire County Council) – has not responded. (o) Campaign to Protect Rural England (Lincolnshire Branch) – in

response to the initial consultation made the following comments: Application S68/0254/12 - has no objections subject to the imposition of

suitable conditions governing the implementation of the restoration scheme, landscaping, dust control measures and hours of operation.

Application S68/0270/12 - has no objections subject to the imposition of

suitable conditions governing dust control measures, hours of operation and potentially looking at noise level limitations.

Following consultation on the amended proposal, the CPRE has

confirmed that it has no objection to either application subject to the imposition of suitable conditions including dust control measures, hours of operation and potentially a noise limitation measure.

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(p) Anglian Water Services - advise that the proposals would have no impact on the public sewerage infrastructure and therefore have no further comments.

36. The applications were publicised by way of notices posted at the two access

points (Mill Lane and Witham Road) and in the local press (Grantham Journal on 10 February 2012). In addition the adjoining mineral operator was notified. As a result of this publicity, representations have been received from the residents of one property in South Witham raising concerns/objections. The main points raised are: Application S68/0254/12

This quarry has come to the end of its working life, and infilling should be

done quickly to return to agriculture. It is understood that the applicant has permission to quarry a very large

area to the north of Mill Lane and that the southern haul road would be used. The road in the quarry could be easily reinstated once the quarry has been infilled and connected to the southern haul road. They residents do not want the quarry to be kept as it is with very slow infilling - eventually becoming a satellite for the north quarry.

A condition should be imposed that wheel and chassis washing should

be installed at the weighbridge. There is a need for a realistic policy for dust and noise monitoring. Application S68/0270/12 It is understood that the site is required just in case a lorry load contains

material which could be recycled. The residents are therefore concerned over how long it would take to form a large enough stock pile to enable the crusher to put into operation. It is not clear what controls would be implemented to stop dust being generated from stock piles.

The applicant has other large sites at Southorpe and Leys Farm on the

A47 near Duddington, Stamford - both are close to each other and are recycling centres. Why does the applicant need another recycling centre in South Witham?

South Witham is the applicant’s most northern site. To get back-hauling,

every lorry load would have to take out recycled material. For this to happen the site would have to become a very large recycling industrial operation in open countryside.

In the application, figures are quoted from the Minerals Policy Statement

2 relating to the distance that dust travels – these are far from reality. South Witham is east of the quarry and has dust regularly deposited. The Minerals Policy document is several years out of date.

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The residents are surprised that there is no mention in the application to dust control from current quarry operations over several years. This would allow residents to judge if their dust policy works. In their view, the current dust control policy has proved not effective, how can it suddenly change?

According to the Lincolnshire Waste Local Plan (2006), Construction and

Demolition Waste consists of not only inert brick and concrete but also non-hazardous waste such as soils, timber and organic vegetation. It also includes some hazardous waste such as asbestos. How can the applicant guarantee that no asbestos or any other hazardous waste would be brought onto site? How would this be monitored?

There is nothing in the documents about noise pollution. The extra

activity would increase noise pollution. The applicant should state how this will be prevented.

Any recycling of construction and demolition waste would also require a

waste Environmental Permit. This should be made available for residents to view.

Lincolnshire County Council should think very carefully when considering

this application. If permission is given, it will allow another quarry operation, Breedon Aggregates, in the area to expand. South Witham would end up with two recycling centres, twice the noise and more and more dust.

The applicant’s quarry has come to the end of its working life, and

infilling should be done quickly to return the site to agriculture. Following the receipt of the amended proposal and additional information, these residents were notified and have made the following additional representations. Contours, gradients and amount of material they leave to the County

Council to determine. They still feel that a recycling plant is not appropriate at the quarry. What

starts off small could turn into a large scale operation. An industrial operation in open countryside is not acceptable.

They are concerned that by delaying the full restoration of the quarry

now, the applicant wants to use it for sorting and storage of material should permission be granted to go north of Mill Lane. This cannot be used as an excuse not to fill now.

District Council’s Recommendations 37. The South Kesteven District Council have responded as follows:

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S68/0254/12 - no objections to raise. S68/0270/12 – no objections to raise subject to any noise and disturbance levels being assessed and, where necessary, conditions imposed safeguarding the amenities of residential property in the surrounding area.

Conclusions 38. The applicant operates the western part of the South Witham Quarry to the

south of Mill Lane, South Witham. This quarry forms part of a much larger mineral site that extends to the north of Mill Lane.

39. The mineral site was subject to review which commenced in 1997 under the

provisions of the Environment Act 1995 (the Initial Review) but, unfortunately, that review failed to secure a detailed scheme of restoration due to the inadequacies of the legislation at the time - compounded by the fact that the mineral site was split between four separate operators/landowners.

40. Since that time, planning permission has been granted to both extend the

quarry, and to allow for the importation of soils to aid in the restoration of the applicant’s operational area. A scheme of restoration (final landform) was submitted pursuant to the conditions imposed on these permissions, but consideration was suspended pending the receipt of a scheme for the remainder of the quarry, operated by Breedon Aggregates Ltd - to ensure compatibility. In the interim, however, the applicant has been importing substantial quantities of inert material, raising the landform in parts of the quarry to levels far exceeding the levels indicated in those applications or, for that matter, the levels shown in the scheme submitted pursuant to the conditions. The applicant has therefore submitted a revised scheme of restoration incorporating higher contour levels and accompanied by two inter-related planning applications:

the first seeks planning permission to import inert waste for use in the

restoration of the north western quadrant of the quarry; and the second, seeks planning permission to produce recycled aggregates

from material recovered from the imported waste that would be suitable for that use.

41. Under Section 38(6) of the Planning and Compulsory Purchase Act 2004,

the determination of applications must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the relevant development plan documents comprise:

the East Midlands Regional Plan (RSS8) (2009); the Lincolnshire Minerals Local Plan (LMLP) (1991) (Saved Policies

2007); the Lincolnshire Waste Local Plan (LWLP) (2006); and the South Kesteven Core Strategy (SKCS) (2010).

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42. The “other material considerations” referred to above are considered to be the National Planning Policy Framework (NPPF) (March 2012) and Planning Policy Statement 10 (PPS10) (Revised March 2011).

43. Although the NPPF has the potential to impact on the weight to be given to

policies in the LMLP, it is considered that the policy referred to in this report is generally consistent with the NPPF (except where indicated otherwise) and should be given significant weight. Also, whilst it is Government Policy to abolish regional spatial strategies (including RSS8), in this case it is considered that the RSS8 policies referred to in this report are generally consistent with the NPPF and therefore should be given limited weight.

Application S68/0254/12 44. The first application seeks planning permission to import inert waste for use

in the restoration of the north western part of the South Witham Quarry covering an area of 2.4 ha.

45. The main thrust of national, regional and local policy is to move the

management of waste up the “waste hierarchy” of prevention, preparing for reuse, recycling, other recovery, and disposing only as a last resort. The utilisation of waste within the restoration of the site therefore lies at the bottom of the hierarchy.

46. Policy WLP1 of the LWLP seeks to ensure that waste is managed as close

to its place of production as possible. In this respect it is considered that the applicant has not demonstrated that the disposal of waste at the site would accord with the “proximity principle”. Although the applicant has not been specific about where the material would originate, it is known that they operate in the Peterborough area where provision has already been made for the disposal of inert waste through the Cambridgeshire and Peterborough Minerals and Waste Core Strategy Development Plan Document (2011).

47. The main policy for assessing applications for landfilling is Policy WLP13 of the LWLP. The first part of this policy states that proposals for new landfill will be permitted if available void space in proximity of the source to be served falls below 10 years. In this case:

it is questionable whether the site is located in close proximity to the

waste source; and in any event, the landfill capacity in this area is considered to be over 10

years.

48. Notwithstanding the above, Policy WLP13 goes on to state that inert landfill should, however, be permitted where it represents the most satisfactory method of restoration - subject to the environmental criteria of Policy WLP21 being met. This is qualified in a supporting paragraph to that policy which states that operators should be encouraged to take measures that ensure the amount of inert waste tipped is kept to an absolute minimum.

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49. Initially, it was proposed to import 150,000 cubic metres of inert waste into

the site to widen the range of materials that could be used in the restoration of this area. According to the applicant this would have allowed the north western part of the quarry to be reinstated to about original ground level. Given, however, that the overall restoration levels proposed for the applicant’s operational area are significantly higher than those shown on former proposals, the applicant was asked to provide calculations to demonstrate that the scheme would be achievable. In response the applicant revised their proposal, but failed to provide the calculations requested. In the revised proposal, the volume of waste that would be imported has been reduced to 60,000 cubic metres. This has resulted in a reduction in the proposed restoration levels, but it is still not clear how the overall restoration of the applicant’s operational area would be achieved without importing significantly more material.

50. The applicant states that the importation of inert waste would improve the agricultural restoration of the site. In this respect Policy M14 of the MLP is considered to have some relevance because it relates to the restoration of mineral sites, and states that the County Council will only require restoration to agriculture where Grade 1 and Grade 2 agricultural land is concerned. Given that land in this area is unlikely to be high grade (which is defined in the NPPF as including Grade 1, Grade 2 and Grade 3a), there is no policy presumption in favour of restoration of the land to agriculture. The applicant is in any event only proposing to restore the site to relatively low grade grassland.

51. As an alternative, the site could be restored at a lower level without the need for large quantities of imported waste. This would allow an opportunity to create areas of ecological interest such as calcareous grassland (a biodiversity action target), with the retention of some quarry faces (reflecting the sites listing as a candidate Local Geological Site) - as recommended by the Lincolnshire Wildlife Trust. Unfortunately, the applicant has been quite dismissive of the need to enhance biodiversity/geodiversity and, as a result, it is considered that the proposal is contrary to the objectives of the NPPF and Policy 29 of the EMRP.

52. Having regard to the above, it is considered that the proposal does not represent the most satisfactory method of restoration and could delay its completion for many years. It is therefore not considered to comply with the second part of Policy WLP 13 of LWLP. Furthermore, the excessive use of inert material for restoration/landfill would be contrary to the principle of moving the management of waste higher up the waste hierarchy.

53. The final part of Policy WLP13 of the LWLP states that, where appropriate, facilities for recycling should be made available on site in relation to any application for landfill. This requirement would, of course, be met if the second application was to be approved.

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Application S68/0924/97

54. The second application seeks planning permission to produce recycled aggregates from material recovered from the imported waste that would be suitable for that use.

55. The main policy of relevance to this proposal is Policy WLP5 of the LWLP. This states that planning permission will be granted for construction and demolition waste recycling facilities within quarries provided:

they do not prevent the restoration of the quarry; satisfactory arrangements are in place for the disposal of the residual

waste; and the environmental criteria of Policy WLP21 are met.

56. On the first point, given that the applicant’s operational area is virtually

exhausted, it is considered that the proposal would cause an unnecessary delay to the restoration of the quarry. In addition, the proposal could fail to meet the second criteria, should planning permission be refused for the first application.

57. With respect to the final point, this will be considered together with the first application in the following section.

Environmental Criteria 58. Both applications also need to be assessed against the environmental

criteria of Policy WLP21 of the LWLP. In this respect it is acknowledged that both sites are relatively remote from residential development and therefore, if well managed, should not have an unacceptable impacts in terms of dust and noise. This, however, is dependent on the applicant being able to route all their quarry traffic to the A1 via their access on Witham Road. In this respect, Members should note that the use of the access for this purpose will require planning permission from Rutland County Council and that this might not be forthcoming. If this were to be the case, it is considered that the proposal would not meet criteria (xii) of the WLP21.

59. The applicant has stated that the applications would not generate any

significant additional traffic as the material would generally be imported on a back haul basis. However, given that the applicant’s current operational area is virtually exhausted, this would not appear possible to any significant extent at present. The applicant does have more mineral reserve to the north of Mill Lane, but further consents will be required before these can be worked either through the existing (ROMP) planning conditions or, if they still intend to import waste to that side of the road, through a full planning application. Either way, an Environmental Statement is likely to be required which may lengthen the period for determination. In the meantime, any opportunity for backhauling is likely to be very limited. It is therefore considered that the proposal would not contribute to a reduction in transportation as required by criteria (xiii) of Policy WLP21.

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Final Conclusion 60. It is considered that there is sufficient landfill capacity in this part of the

County and that therefore the infilling of quarries in this area with inert waste should only be permitted where it represents the most satisfactory form of restoration, and when it would not lead to a significant delay to the restoration.

61. These proposals appear to be focussed primarily on creating an inert landfill

site with an associated recycling centre rather than as a legitimate need to import material to create an acceptable landform. It is therefore considered that the proposals would cause unnecessary delays to the restoration of this area and would not provide a particularly beneficial afteruse. Furthermore, given that mineral reserves are nearing exhaustion within this part of the quarry, there would at present be limited opportunities for backhauling the waste into the quarry – negating one of the advantages of using quarries for this type of activity. It is therefore considered that both proposals are contrary to the NPPF and the development plan.

RECOMMENDATIONS

(A) Application S68/0254/12 That planning permission be refused for the following reasons: 1. Policy WLP1 (Objective of the Plan) of the Lincolnshire Waste Local Plan

(2006) states that proposals will be considered in relation to a number of criteria including the “proximity principle” which requires waste to be disposed of (or otherwise managed) close to the point at which it is generated. In this case the Council considers that the applicant has failed to demonstrate that the proximity principle would be met.

2. Policy WLP13 (Landfill/Landraise) of the Lincolnshire Waste Local Plan

(2006) states that proposals for new landfill or landraise sites will be permitted if the available void space in the proximity of the waste source falls below 10 years at projected disposal rates. Notwithstanding the issue over the proximity principle, the Council considers that the available void space in this area exceeds 10 years. This policy does allow an exception where inert landfill represents the most satisfactory method of restoration. In this case, however, the Council considers that the proposed tipping levels are excessive and are likely to lead to a delay in the restoration of the site and the remainder of the applicant’s operational part of the quarry. This would be contrary to the National Planning Policy Framework (NPPF) that states that restoration and aftercare should be carried out at the earliest opportunity to high environmental standards. It would also be contrary to the objective of moving the management of waste up the waste hierarchy and would therefore be contrary to Planning Policy Statement 10 (Planning for Sustainable Waste management (PPS10), Policy 38 (Regional Priorities

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for Waste Management) of the East Midlands Regional Plan (2009) and Policy WLP1 of the Lincolnshire Waste Local plan (2006).

3. Policy M14 (Surface Mineral Working and Land Restoration Requirements)

of the Lincolnshire Minerals Local Plan (1991) (Saved Policies 2007) states that the County Council will only require the restoration of surface mineral working where grade 1 and grade 2 agricultural land is concerned. Although the NPPF includes grade 3a in the best and most versatile agricultural land, it is considered that land within this area is unlikely to fall within that description and, in any event, the restoration proposals put forward by the applicant are unlikely to result in the creation of high grade agricultural land. The Council therefore considers that the site could be more beneficially restored without importing large volumes of waste by, for example, creating areas of calcareous grassland (a biodiversity action target) and by retaining quarry faces of geological interest - reflecting the fact that the site is a candidate Local Geological Site (subject to consultation with the landowners). By failing to have regard to the potential to increase biodiversity/geodiversity at the site, the proposal is contrary to the objectives of Policy EN1 (Protection and Enhancement of the Character of the District) of the South Kesteven Core Strategy (2010), the NPPF and Policy 29 (Priorities for Enhancing the Regions Biodiversity) of the East Midlands Regional Plan (2009).

4. The mineral reserves within the applicant’s operational area of the quarry

(south of Mill Lane) are nearing exhaustion. Although there are further reserves to the north of Mill Lane, a further planning permission or approvals under planning conditions will be required before work can commence in this area. In the meantime there would appear to be little scope for “backhauling” waste material into the site. At present therefore the proposal would not meet the requirements of criterion (xiii) of Policy WLP21 (Environmental Considerations) of the Lincolnshire Waste Local Plan (2006). Furthermore, given the restrictions on the use of the haul road in Rutland, the proposal may not be able to meet criterion (xii) of that policy.

5. In line with paragraphs 186 and 187 of the NPPF, the Council has worked

with the applicant in a positive and proactive manner by seeking further information and requesting revisions to the application in order to seek solutions and address issues raised during the consideration of this application. However, on balance, the proposed development is not considered to improve the economic, social and environmental conditions of the area and therefore is contrary to the principles and policies of the NPPF and Development Plan as set out above.

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(B) Application S68/0270/12 That planning permission be refused for the following reasons: 1. Policy WLP1 (Objective of the Plan) of the Lincolnshire Waste Local Plan

(2006) states that proposals will be considered in relation to a number of criteria including the “proximity principle” which requires waste to be disposed of (or otherwise managed) close to the point at which it is generated. In this case the Council considers that the applicant has failed to demonstrate that the proximity principle would be met.

2. Policy WLP5 (Construction and Demolition Waste) of the Lincolnshire Waste

Local Plan (2006) identifies quarries as appropriate locations for construction and demolition waste facilities, but only when they would not prevent the restoration of such sites. The mineral reserves within the applicant’s operational area of the quarry (south of Mill Lane) are nearing exhaustion. Although there are further reserves to the north of Mill Lane, a further planning permission or approvals under planning conditions will be required before work can commence in this area. In the absence of approved schemes of working and progressive restoration for the mineral site (including land to the north of Mill Lane), the proposal could lead to a significant delay in the restoration of the site – contrary to Policy WLP5. In addition, this would be contrary to the National Planning Policy Framework (NPPF) that states that restoration and aftercare of mineral sites should be carried out at the earliest opportunity to high environmental standards.

3. Prior to mineral working taking place from the land to the north of Mill Lane,

there would appear to be little scope for “backhauling” waste material into the site. The proposal would therefore not meet the requirements of criterion (xiii) of Policy WLP 21 (Environmental Considerations) of the Lincolnshire Waste Local Plan (2006). Furthermore, given the restrictions on the use of the haul road in Rutland, the proposal may not be able to meet criterion (xii) of that policy.

4. In line with paragraphs 186 and 187 of the NPPF, the Council has worked

with the applicant in a positive and proactive manner by seeking further information and requesting revisions to the application in order to seek solutions and address issues raised during the consideration of this application. However, on balance, the proposed development is not considered to improve the economic, social and environmental conditions of the area and therefore is contrary to the principles and policies of the NPPF and Development Plan as set out above.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

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Background Papers The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application Files

S68/0254/12 S68/0270/12 S68/0672/01 S68/0581/00 S68/0924/97 S68/0562/97

Lincolnshire County Council, Planning, Witham Park House, Waterside South, Lincoln

National Guidance - National Planning Policy Framework and Technical Guidance (2012)

Planning Policy Statement 10: Planning for Sustainable Waste Management (2005)

Communities and Local Government website www.communities.gov.uk

East Midlands Regional Plan (2009)

Lincolnshire County Council, Planning, Witham Park House, Waterside South, Lincoln

Lincolnshire Minerals Local Plan (1991) (Saved Policies 2007)

Lincolnshire County Council website www.lincolnshire.gov.uk

Lincolnshire Waste Local Plan (2006)

South Kesteven Core Strategy (2010)

South Kesteven District Council website www.southkesteven.gov.uk

This report was written by Adrian Winkley, who can be contacted on 01522 782070 or dev_pcg@lincolnshire.gov.uk

Area operated by BreedonAggregates Ltd

Mill Lane

Public FootpathSite of Application (2)

The applicant'soperational area

Witham Road

To A1

Haul Road

To Thistleton

Site of Application (1)

LINCOLNSHIRE COUNTY COUNCILPLANNING

Location: Description:

LINCOLNSHIRE COUNTY COUNCILReproduced from the 1996 Os Mapping with the permission

of the Controller of Her Majesty's Stationery Office (C) CrownCopyright. Unauthorised reproduction infringes Crown

Copyright and may lead to civil proceedings.

OS LICENCE 1000025370

Prevailing Wind Direction from the south-west

Application Nos:Scale: 1:10000 Planning and Regulation Committee 3 December 2012

(1) To restore the north western part of South Witham Quarry to agriculture utilising imported inert waste;(2) To produce recycled aggregates

South Witham QuarryMill LaneSouth Witham

(1) S68/0254/12 (2) S68/0270/12