s/29950 application type mineral application and...

Planning Committee - 16 December 2014 1

Application No

S/29950

Application Type

Mineral Application

Proposal & Location

CONSTRUCTION OF INERT WASTE RECYCLING FACILITY AND ASSOCIATED WORKS AT GLYNGERWEN QUARRY, FELINFOEL, LLANELLI

Applicant(s)

WESLEY REES, 8 PENYBEDD, PEMBREY, SA16 0HJ

Agent

ASBRI PLANNING LTD - RICHARD BOWEN, SUITE 4, THE J SHED, KINGS ROAD, SWANSEA, SA18PL

Case Officer

Tom Boothroyd

Ward

Felinfoel

Date of validation

09/04/2014

CONSULTATIONS Transport/Highways– Raised no objections and suggested conditions Public Protection– Raised no objection and suggested conditions Ecology/Conservation – Raised no objection but suggested conditions Local Member – Councillor Hugh Richards requested a site visit but has not commented on the merits of the application to date. Councillor Giles Morgan has also been consulted but has not formally commented to date. Llanelli Rural Council – Have objected to the proposal highlighting that the site is outside of the development boundary, negative impacts related to highways and potential detrimental impacts to residents and ecology. Natural Resources Wales – Raised no objection and have suggested various conditions The Coal Authority – Raised no objections following receipt of a Coal Mining Risk Assessment and has suggested a condition


Neighbours/Public – the application has been publicised in the local press and by the display of a site notice. This has resulted in 89 written objections and a petition objecting to the development signed by 785 people. An action group ‘Glyngwernen Campaign Action Group’ has also been established following a public meeting in order to voice the concerns of the public to the proposed development. In summary the main concerns of residents are as follows:

Dust pollution from the proposed crushing/screening operations at the site, and the potential for this to affect the local residents and local business’s (i.e. Gestamp pressings). There is also a concern that asbestos may be received and processed at the site.

The impact that the development will have on the local highways network – the bridge is considered unsuitable by many, the number of lorries going along Llethri Road and lorries causing problems by going past the Crematorium, the threat to safety of users of the road such as cyclists, walkers and horse riders that the extra traffic may cause

Noise impacts as a result of the crushing/screening operations

Pollution of the stream adjacent to the site and subsequent pollution of Burry Inlet SAC

General impacts on the ecology of the area

The close proximity of schools in the area and the health impacts that the dust may cause

Erosion of the character of the countryside RELEVANT PLANNING HISTORY The following previous application(s) has/have been received on the application site: D5/14978 Restoration of quarry to agricultural land by means of landfill scheme Full planning permission 18 May 1995 D5/13731 The restoration of quarry to agricultural land by means of landfill scheme Full planning permission 31 March 1994 D5/7263 Tipping of hardcore Full planning permission 12 December 1993 D5/6636 Filling in the large excavation with controlled tipping of domestic refuse Full planning refused 27 July 1983 D5/2447 Refuse disposal tip Full planning permission 21 July 1977


APPRAISAL THE SITE The application site relates to the disused quarry at Glyngerwen, just off Llethri road, lying east of Swiss Valley by approximately 500 meters, as such the quarry is outside of the development limits defined by the Unitary Development Plan. The area is semi rural in character with fields to the north and east of the site (with the crematorium being 520 meters east of the quarry). There are also various industrial uses surrounding the quarry – including the Camford pressings site approximately 230 meters to the east and further industrial buildings to the south of the site. The site itself is approximately 1 hectare in size, and consists of the old quarry floor, which is below the adjacent road level by between 2 and 5 meters, mature trees line the top of the quarry on all sides – with less coverage on the northern side where access is gained onto the road. There is a small stream, roughly in the centre of the site – which is culverted and runs out of the site into the Afon Dafen to the west of the site, the Afon Dafen eventually finds its way to the Burry Inlet Estuary. As above the site is semi rural in nature and the nearest residential property is located to the west of the site, approximately 100 meters away, there is a small cluster of properties south-west of the site approximately 130 meters away. Due south there are no residential properties in the vicinity but there are various industrial buildings, east of the site the site is bounded by agricultural fields, with the nearest residential property being approximately 250 meters north-east of the site. Directly to the north the land is agricultural fields with the nearest residential property situated in an elevated position approximately 500 meters north-west of the site. There is currently no boundary treatment at the site, other than some security fencing at the entrance and the various trees that surround the quarry void. THE PROPOSAL Planning permission is sought for an inert waste recycling operation based at the disused quarry – known as Glyngwernen Quarry, Felinfoel, Llanelli. Inert material (i.e rubble, stone, bricks and soils - no hazardous waste is to be processed on site) will be brought to the site whereby the material will be separated and stored in various stockpiles before being processed further. The applicant has stated that on arrival at the site any loads will be checked for hazardous materials, any loads found to contain hazardous materials will be removed and taken off the site by the original carrier. If the carrier has already left the site any hazardous material discovered will be removed and placed into a hazardous waste skip – this will be removed by a licensed waste carrier. Clean, non –hazardous material will be kept in separate stockpiles for; hardcore for crushing and grading, graded hardcore (contained within 200mm by 1200mm bays) and imported top soil ready for rehabilitation and cleansing in the south eastern end of the site. The southern and western part of the site will be used for graded stockpiles, with a soil storage shed at the north western end of the site. Once sufficient material has been stockpiled soils will be screened and graded ready for re-sale, any larger products on the site will be crushed and graded ready for resale. The applicant has proposed an annual output of 20,000 tonnes of material, to include both soils and hardcore.


Two buildings are proposed on the site, one soil storage shed, at the northern boundary of the site, measuring 30.4 meters long, by 15 meters wide, with a height of 4.5 meters to the eaves and 7 meters to the apex. This building will be a typical agricultural/industrial style building with the lower half being constructed of concrete with metal cladding on the upper half and roof of the building. This building will have two sets of outward opening hinged doors, one in the northern elevation, one in the southern elevation, the interior of the building will be divided into 10 soil storage bays of equal size with a ‘road’ through the middle of the building allowing access to plant. The other building proposed on site will be a portacabin style office, this will measure 9 meters in length, 3 meters in depth and 2 meters in height and will be clad in plastisol-coated galvanised steel. Both buildings will be of an ‘earthy’ colour to help them blend into the surrounding landscape. Following the various complaints received by the planning authority further discussions were held with the applicant in an attempt to establish some compromises to help make the development more acceptable, the following amendments to the proposal were added

A permanent water supply will be taken to the site to allow for the full implementation of the dust mitigation measures suggested.

A wheel wash will be placed at the entrance to the site as discussed to remove any deleterious material prior to vehicles leaving the site to access the public highway.

The access can be constructed in order to prevent vehicles entering the site from the east and appropriate signage at the site will enforce turning movements out of the site (no right turn).

The applicant is agreeable to a condition in terms of the frequency of the use of a screen/crusher on the site, this can be enforced by condition and means that crushing/screening plant will only be on the site temporarily when required

A sensitive lighting scheme is employed at the site.

Access to the site will be directly from the Llethri Road, the access road drops by a few meters whereby any Lorries bringing material in will loop around the site in a circular route, dropping off/collecting material from the appropriate stockpile. The circular route helps to minimise the need for reversing – which should also help to keep noise from reversing alarms to a minimum. A turning area has been provided outside of the southern elevation of the shed so that any lorries/plant not going into the shed can turn, without reversing onto the main internal haul road towards the access. The applicant has indicated 8 parking spaces are to be provided in the northern end of the site, for both staff and visitors to the site, these will be provided in two blocks of four spaces. It is anticipated that the proposed annual tonnage of 20,000 will generate approximately 10 H.G.V. movements per day, these movements and the tonnages will be enforced by appropriately worded conditions. PLANNING POLICIES At the European Union level the Waste Framework Directive (2008) reinforces the use of the waste hierarchy and this should be applied as a priority for any waste developments, this hierarchy prioritises developments in the following order of importance; prevention, preparing for re-use, recycling, other recovery, e.g. energy recovery and finally, the least desirable, disposal. The proposed development would count as a recycling operation the definition of which is as follows:


‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations; (EU Waste Framework Directive Article 3, para 17) At the National level the Welsh Government has produced a ‘Sector Plan’ for Construction and Demolition waste, adopted in November 2012. This forms part of suite of documents which all make up ‘Towards Zero Waste’ (2010). This sets out requirements for waste management and provides the guidance criteria for informing planning decisions relating to waste sites. The sector paper for Construction and Demolition waste has set out various targets to help reduce waste arising in this sector. These include a minimum of 70% recycling for C & D waste (by weight) by 2015/16 and a rate of 90% recycling by 2019/20. In an attempt to achieve this, the plan states that the more easily recyclable materials need to be recycled at a higher rate – this includes aggregates. The plan cites an ambitious rate of 98% recycling by the years 2019/20 for aggregates. The latest information for Construction and Demolition waste is contained within Natural Resources Wales report ‘Survey of Construction & Demolition Waste Generated in Wales 2012’. This report reveals that during 2012, 87% of waste falling under the Construction and Demolition sector was recycled, whilst this means the current target for 2015/16 has been achieved, there is still room for improvement and as the percentages get higher it generally become harder to achieve further gains as the easier savings have been made already. The report also reveals that whilst preparation for re-use was the dominant waste management method in the South East (58%) and North (46%) regions, the South West is not performing as well with land disposal being the most common waste management method (39%) followed by recycling (31%).In the South West, therefore, in order to achieve the 2019/2020 goal of 90% rates of recycling further work needs to be done to ensure a more efficient recycling network for construction and demolition waste. Planning Policy Wales (PPW – Edition 7) –is the overarching policy document for Wales, one of the main aims of this document is to ensure development within Wales is sustainable; the minimisation of waste and the provision of adequate waste facilities is a key component of this. In order to help achieve this, the waste hierarchy is a key principle to be applied to any waste management developments. The Nearest Appropriate Installation Concept and the principle of self sufficiency are also two key principles in helping to achieve the goal of sustainable waste management. Technical Advice Note 21: Waste (TAN 21) adopted in February 2014 reinforces the vision of PPW for sustainable development and for sustainable waste management via land use planning. This can be achieved by driving the management of waste up the hierarchy and ensuring provision of an adequate network of facilities, whilst ensuring that the impacts of waste management facilities are minimised through appropriate location and type of facilities at the same time recognising the economic and social benefits that management of waste as a resource can have. The TAN re-iterates the importance of applying the waste hierarchy to proposals for waste management in order to try and achieve a more sustainable form of waste management.


The TAN also expands upon the treatment of construction and demolition waste and even suggests that where ‘there are longer term prospects for a sufficient and economic supply of demolition and construction waste from an appropriate catchment area’ authorities should consider suitable locations for ‘urban quarries’. These urban quarries could provide a long term permanent facility for the processing and storage of C & D waste, where there is an economic supply of this material available. Both Minerals Technical Advice Note 1 (Aggregates) and Minerals Planning Policy Wales encourage the recycling of suitable materials (such as road planings or construction waste) where possible in order to conserve the finite resources such as primary aggregates. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that any planning application must be determined in accordance with the development plan unless other material considerations indicate otherwise. The development plan for the purposes of Section 38 is the Carmarthenshire Unitary Development Plan. The principal policies in this case are CUPD7 Waste Management Policy, GDC1 Sustainable Development Policy, GDC8 Visual, Impact and Physical Topography, GDC12 Generation of Traffic, GDC 32 Development Limits and white land, GDC34 Previously Developed Land, T3 Highway Considerations, EN1 Site protection – International Sites, EN2 Site protection – National Sites, MWM1 New Minerals Sites, MWM10 Aggregates Alternatives, MWM 23 Waste Disposal and Management, MWM26 Waste Management Facilities, Policy UT8 Surface Water CUPD7 Waste Management Policy – This policy re-iterates the importance of the waste hierarchy and states that the council will favourably consider proposals which clearly encourage sustainable principles, as demonstrated in the waste hierarchy. Policy GDC1 (iii) Sustainable Development –Other parts of this policy apply to the proposed development but part (iii) is of particular importance. This policy states that Carmarthenshire Council will encourage environmentally sustainable development where it utilises vacant, underused or previously used land. Policy GDC8 sets out the key criteria with relation to visual impact and topography impacts which may occur and states that the siting and design of developments should consider the physical character and topography of the site. This can be achieved by; avoiding conspicuous locations, integrating development into the contours of the site, avoiding locations that would impact upon prominent buildings, landscapes or the general locality, ensuring the height of the building is in scale with any adjoining buildings and utilising topography to maximise energy efficiency where possible. Policy GDC12 deals with new developments and the generation of traffic, and states that any developments which would generate levels of traffic which could cause harm to highway safety on that network or affect the amenity of residents living alongside that network, will be refused. Policy GDC32 this states that proposals for the change of use of land and buildings will be located within development limits as defined on the proposals maps. Development of land without a notation on the proposals and inset maps (i.e. –white land) will be determined in accordance with the relevant policies contained in the plan.


Policy GDC34 this states that priority will be given to the development of previously developed land in preference to Greenfield land. Policy T3 Highway considerations of Development - This seeks to ensure that the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians. Also, to ensure that access provision, including turning areas is of an appropriate standard for vehicles, cyclists and pedestrians. If the capacity of the local highway network is insufficient, upgrading will be required if consent is granted Policy EN1 Site Protection – International Sites – This policy states that any proposed development which could harm the integrity of a European designated site (or candidate site), directly or indirectly, will be refused, unless the international importance of the site is outweighed by the reasons for the development. Where possible the Council will attach conditions to a grant of permission, or seek obligations before granting permission to enhancement, protection and management of the sites features and to provide any appropriate mitigation methods. Development proposals where the site plays host to a priority natural habitat or species will also be not be permitted unless it is necessary for overriding reasons of human health or public safety or for benefits of primary importance for the environment. Policy EN2 Site Protection – National Sites – This policy states that any proposed development which harm Site of Special Scientific Interest and Natural Nature Reserves will only be permitted where; the conservation value of the site is outweighed by the reasons for the development and where there is no alternative solution for the proposal. Where appropriate the Council will attach conditions to a grant of permission, or seek obligations before granting permission to enhancement, protection and management of the sites features and to provide any appropriate mitigation methods. Policy MWM 1 New Mineral Sites and Extensions to Existing Mineral Sites – Although the proposal is not for a new mineral site or an extension to an existing mineral site, under the requirements of MWM 10 Aggregate Alternatives, any proposals such as this should be assessed against criteria in MWM 1. In summary, this policy states that any proposals should not result in any significant environment, transport, amenity or public service provision objections. Particularly the following; where proposals would result in loss of grade 1,2 and some grade 3 agricultural land, affect areas of high landscape value, affect statutory or non-statutory nature conservation sites, where a satisfactory access to a highway cannot be provided, or where traffic generation would be harmful to the environment, where development may cause damage to controlled waters, if the development results in significant relocation of an existing community, if adequate alternative sources of supply are available elsewhere in the county, where unacceptable levels of noise, dust or vibration pollution is generated, if such development may result in communities becoming physically isolated, divided or enveloped.


In order to apply this policy the Council will require the following information from the applicant; evidence of the extent of the reserve to be worked including annual output and phasing, the expected level of traffic generation, the method of extraction including the extent of blasting, depth of working etc, the effects on existing uses of the site and on neighbouring land, together with any mitigation measures to lessen any effects on local residents, any likely effects on water supply, drainage, hydrogeology etc, proposals for restoration and aftercare, mitigation proposals to overcome any impact, the landscape and ecological characteristics of the site, any details regarding the diversion of any public footpaths, bridleways or cycle tracks, details of mitigation for any subsidence that may occur, finally details of the siting and design of any surface development. Policy MWM 10 Aggregate Alternatives - This states that it is the policy of the council to support the development of installations which facilitate the use of recycled aggregates by the construction industry. These sites shall be assessed against criteria in policy MWM 1. Policy MWM 23 Waste Disposal and Management – This policy supports development proposals for waste disposal and management providing that they can meet the following criteria: The extent to which the proposal represents the Best Practicable Environmental Option (BPEO), the extent to which it reflects the Waste Hierarchy, the proximity principle and the principle of self sufficiency. The development will also need to contribute to sustainable waste management targets and towards meeting landfill targets. Any proposals will need to comply with all other relevant policies in the UDP and with the provisions set out in the South West Wales regional waste plan. Policy MWM26 Waste Management Facilities - sets out the key criteria against which proposals for development of this nature are to be judged. It states that it is the policy of Carmarthenshire County Council to permit proposals for waste management operations (not located on employment land) in respect of all waste streams, subject to the following criteria: proposals must comply with all relevant policies of the unitary development plan and the relevant agreed policies of the future regional waste plan; proposals are located at a suitable distance from other developments, most particularly residential properties and there is no unacceptable effect upon residential amenity; proposals would not detract from visual amenity; proposals would not cause significant risk, nuisance or environmental impact arising from noise, smell, dust and other airborne pollution, vibration and gaseous emissions; proposals would not constitute a risk to aviation safety e.g. bird strikes; proposals would not have a significant adverse affect upon geological and hydrogeological safeguards; proposals indicate appropriate measures to protect all controlled waters and those features dependent upon those waters from the discharge of effluent or leachates and to control the generation of gases; proposals would not be unacceptable in terms of access arrangements and highway safety or would not adversely affect the local highway network; the land does not contain buildings or sites of historic architectural, archaeological or nature conservation importance, and does not lie within an area of designated landscape importance e.g. special landscape area; the land is not good quality agricultural land (grades 1, 2 and 3a); proposals would not cause demonstrable harm to watercourses or floodplains and would not increase the risk of flooding; restoration and aftercare shall follow similar procedures to those for minerals as described in policy MWM4; proposals would constitute the best practicable environmental option (BPEO) and would comply with the requirements of the pollution prevention and control (PPC) regime.


Policy UT8 Surface Water – This policy states that any developments should take account of the impact of surface water drainage and water quality and include measures to acceptably manage its disposal. Encouragement will be given to developments which utilise soak ways, SUDS (sustainable urban drainage systems) and other methods to minimise surface water runoff. New developments/re-developments will be expected to be served by separate foul and surface water systems. Annex C of TAN 21 - 'Waste' sets out specific planning considerations to be taken into account when dealing with planning applications for all waste facilities which cover broadly the same issues as the policies outlined above. Taking each issue in turn; Atmospheric Emissions This relates mainly to emissions, pathogens, toxins and/or hazardous gasses, the release of such emissions are controlled under environmental permit and this is regulated by Natural Resources Wales and the Local Authorities Environmental Health team where a statutory nuisance can or has occurred. The proposed development will deal with inert waste only, hazardous materials will not be processed on site – if asbestos or any other hazardous material is encountered on site the applicant has indicated that this will be stored in a sealed skip ready for transportation from the site by a licensed waste carrier, to a facility able to cope with the material. Whilst it is acknowledged that dust emissions have the potential to occur from the site these will not contain any chemicals/pathogens as the material to be processed is inert only. Dust emission will be dealt with in a separate section. Birds and Vermin Birds and vermin usually only become an issue when organic waste is being processed on site, in the case of this proposal organic waste will not be processed so a bird and/or vermin problem is not anticipated in this instance.

Dust Operations at the site undoubtedly have the potential for dust generation, through numerous sources, including; the formation of and adding to stockpiles on site, through the use of vehicles on site which also have the potential to carry dust further afield and on to the public highways, general movement of product around the site and the use of the crusher and screener. The applicant has stated that a number of dust suppression methods will be employed on the site to minimise the occurrence of fugitive dust from the site, these measures include;

Wet sweeping of haul roads and access in dry weather

A 10mph speed limit within the site

Minimise drop heights and sheeting of lorries

If stockpiles are showing signs of fugitive dust then they will be watered down

Monitoring scheme review –dust management system will be monitored and an annual review document provided

Any crushers operating on site will require an environmental permit which will specify its own various conditions relating to dust emissions from equipment.


Whilst these methods were detailed within the application there was still some concern that these dust measures may not be enough to mitigate for dust emissions from the site having an effect on residents in the area. Following a meeting with the applicant and the agent further dust mitigation measures were agreed, these measures can be enforced by condition,

A permanent water supply to be brought to the site prior to the commencement of development

A Wheel wash to be installed at the site access prior to the commencement of development

The applicant was also willing to reduce the number of days of crushing/screening – the output of material from the site will be relatively limited and the applicant would be happy to do crushing/screening in ‘batches’ rather than continuously.

The Head of Public Protection has been consulted on the application and has raised no concerns with regard to dust and the potential for dust to become a nuisance. Given the numerous measures for dust suppression outlined by the applicant the Head of Public Protection doesnot feel that dust would be a problem if these measures were implemented. It was also suggested that conditions be put in place to ensure that the measures outlined in the documents provided are carried out at all times. There have been concerns expressed that asbestos may be crushed on site, the applicant has indicated that asbestos will not be accepted on site, if asbestos is found it will be stored in a sealed skip until it can be taken away by registered waste carrier to a suitable site. The applicant would be monitored by NRW and if found to be storing/processing materials not included in their permit they would face a prosecution and potentially a large fine. NRW have been consulted on the application and did not raise any concerns with regard to dust emissions on the site and its potential to affect residents. In light of all the above, whilst there is obviously the potential for the site to produce dust, comprehensive dust measures have been suggested by the applicant and these should ensure that dust emissions do not become a nuisance. These measures will be included as conditions to any permission (if granted) and will, therefore be enforceable if it is found that the site operator is in breach of these at any time. The crusher will also be covered by an environmental permit which will impose its own requirements so there will be two separate sets of legislation covering operations at the site which control dust emissions.

Hours of operation The hours of operation, as suggested by the applicant are as follows, Mondays-Fridays 07:30-18:00 hours and 08:00 – 14:00 on Saturdays, there will be no working on Sundays or bank holidays. The suggested hours are relatively standard for industry of this type and would not be considered excessively long, a condition could be imposed to limit the noisier operations (such as crushing/screening) to more restricted hours to minimise the potential for disturbance.


Land instability The site is located within a ‘Development High Risk Area’ as defined by the Coal Authorities development management maps, in light of this a full Coal Mining Risk Assessment was submitted by the applicant. The Coal Authority were consulted on this and raised no objection to the development based on the information submitted within this report, they did, however, suggest that the measures outlined in the report submitted by the applicant be incorporated into the development should permission be granted. These works being, the strengthening of the floor of the quarry using geotextile or geogrid liner, specifically where the hard core storage area will be. These works can be enforced via condition.

Life time of the site This is more often a consideration with landfill operations where a final restoration/landform is being worked towards as part of the permission. The proposed development is for an inert recycling centre there is no final restoration plan needed for the site as there is no proposed change to the existing landform therefore time limits with regard to the cessation of operations at the site are not a key consideration. When operations cease at the site the removal of any plant/buildings and stockpiles etc can be enforced by condition and the site will be restored to its former condition.

Litter Again, this is more of an issue linked to landfill sites where windblown litter can cause problems; the site will be accepting inert waste only, any domestic litter i.e. from employees etc will be dealt with by bins etc.

Nature and Archaeological Conservation The site is not within the boundary of any designated sites for ecological or archaeological conservation importance; however, operations at the site do have the potential to affect other areas which are designated site, namely the Carmarthen Bay and Estuaries European Marine Site (CBEEMS) which collectively comprises of the Carmarthen Bay and Estuaries Special Area of Conservation, Carmarthen Bay Special Protection Area and the Burry Inlet Special Protection Area and Ramsar Site. Surface water drainage from the site will be directed towards a culverted water course roughly in the centre of the site, this water course will direct any flow into the Afon Dafen – this discharges into the Carmarthen Bay and Estuaries Special Area of Conservation. Therefore, there is potential for contaminated water to enter this culvert and find its way into the Carmarthen Bay SAC, in light of this the applicant has submitted a pollution prevention statement detailing measures to be employed on the site, both during construction of the site and during site operation. This includes the daily inspections of the water course and spill kits on hand to deal with any chemical spillages on site. NRW have been consulted and have suggested numerous conditions with regard to the control of pollution, including the following;


A preliminary risk assessment to identify the risks of contamination at the site, to include a remediation strategy

The submission of a verification report demonstrating the completion of any works highlighted by the above condition within the remediation strategy – including monitoring and sampling results.

The submission of a long term monitoring and maintenance plan

The submission of a construction management plan

The submission of a detailed scheme to treat and remove suspended solids from surface water run off during construction works

All of the above will be required to be submitted and approved prior to the commencement of works at the site, if the details submitted are not adequate and either NRW or the Authority feel that more work needs to be done then more information can be requested. Until these conditions have been satisfied no development can occur at the site. If work does start prior to the conditions being discharged then this will invalidate any planning permission and enforcement action could be taken. These conditions therefore, provide some safeguarding to ensure that any works carried out on the site are carried out in an environmentally responsible manner in an attempt to minimise any impacts on the water environment and the environment in general. It also important to note that any discharge from the site will require a discharge permit from NRW this permit will have its own conditions which will need to be met and will be monitored on a regular basis as part of the discharge consent. In support of the application the applicant submitted a phase 1 habitat survey which suggested numerous measures to try and limit the impact that the development would have on the local ecology, again, any potential impacts upon the SAC were identified as one of the most important issues. However, this report also looked at other habitats and species, including those within the site itself and around the edge of the quarry faces and any potential impacts the development may have on these environments. The report concluded with numerous measures to be included to help mitigate any potential impacts, including the provision of an Environmental Management Plan, to be drafted prior to the commencement of construction works. Following the Test of Likely Significant Effects carried out by the Council Ecologist, it was concluded that a full appropriate assessment needed to be carried out to fully assess the potential environmental impacts the development could have, this was also agreed by NRW.The appropriate assessment concluded that whilst the development would pose potential adverse effects it is felt that these effects can be mitigated for by adopting various conditions (as outlined by NRW), NRW also agreed with this conclusion. In addition to the conditions suggested by NRW it was also suggested that conditions regarding lighting at the site be imposed to ensure that a lighting plan be submitted in order to reduce any potential impacts upon bats in the area (this would also help to reduce the visual impact of the site). In summary, whilst the site does have the potential to impact upon the ecology of the area, these impacts can be mitigated through the use of appropriately worded conditions.


Noise A final noise survey was submitted in September 2014 which addressed queries previously raised by the Head of Public Protection. This noise report indicated a background noise level of 38db LA90(1 hour) as a worst case scenario taking into account agricultural and road noise. It is considered that the background noise level of 38db is a reasonable starting point for the noise survey. The results of the survey indicated that without the crusher/screener operating the development would result in an increase of 5db over background noise (measured at the two most noise sensitive locations – the two closest properties to the west of the site). An increase of 5db is the maximum as specified by British Standard 4142:1997 and therefore the day to day operations at the site (involving, lorries unloading, lorries driving around site, telehandlers and excavators) would be at an acceptable level. It is also noted that the noise survey did not take into account the attenuation of noise from the site via any stockpiles or vegetation which would in fact help to attenuate some noise from the site and reduce noise levels by a small margin. With regard to crushing and screening operations, as mentioned previously the operation of the crusher and screener will be limited to certain periods over a year (this will be enforced by condition) – operating times on these days will also be limited. MTAN 1 deals with aggregates and related operations and provides detailed advice with regard to noise for aggregates extraction including secondary and recycled aggregates. As noted by the applicant in the noise report, MTAN 1 allows for a noise limit of no more than 10db above background noise levels,(where background noise levels are less than 45db) the MTAN 1 also allows for higher noise levels (up to 67db) for more temporary operations, for a period of up to 8 weeks in a year. Whilst the applicant has highlighted this particular section in their noise report, it is not considered that the crushing and screening operations proposed at the site would be temporary operations. The crushing and screening operations are key to the overall viability of the site, therefore, cannot be considered temporary under the guidance provided by MTAN 1. Consequently, during times when the crusher and/or screeners are running it is considered prudent to apply the noise limit of no more than 10 db above background noise. The report submitted by the applicant indicates that during times when the crusher/screener was running the same two closest properties experienced an increase in noise of 10db – therefore these operations would not be in breach of the noise levels as indicated in the MTAN. The physical process of the crushing and screening of the material on site could be considered to be the ‘recycling’ element of the development and this is why the noise levels advised in MTAN 1 are being applied to this element of the site operations. These operations would only be occurring at certain points throughout the year (this will be enforced by condition) and given the nature of the operations it is considered prudent to apply the limit prescribed in MTAN 1. Therefore, taking into account the results of the noise impact survey and the requirements of both the MTAN 1 and the British Standard 4142:1997 it would be considered that the proposed development would meet the requirements of the above named guidance. Conditions can be attached to the permission to ensure that these standards are met, and where they are exceeded there is the mechanism for enforcement action to be taken where required.


Odours Odours usually only become a problem when organic or putrescible wastes are involved, as the proposal is for inert waste recycling only it is not considered that odour would be a problem with this proposal. Protection of Surface and Groundwater As stated above, in the ecology section, there have been various measures proposed for the protection of surface and groundwater at the site, the measures for the protection of surface water have been outlined above and various pre-commencement conditions have been suggested by NRW relating to the control of pollution to surface water run-off. With regard to the protection of groundwater, various conditions have been suggested from NRW to prevent any contamination of groundwater, this includes the following;

A condition to restrict the infiltration of surface water drainage into the ground

A condition restricting the use of piling or other foundation designs using penetrative methods

The applicant has indicated that there will be shallow excavations on the site, for the foundations of buildings, but these would not be deep enough to disrupt the water table, any deeper foundations would be restricted by the suggested conditions above and would need the prior approval of the Authority. In light of this there would not appear to be any potential adverse impacts upon the groundwater of the vicinity that could not be mitigated by the use of appropriate conditions. As mentioned previously, the protection of surface water has already been covered in this report, and, whilst there is potential for surface water runoff to be affected by the proposal again, it is felt that any potential impacts upon surface water can be adequately mitigated by appropriate conditions. NRW have been consulted on this application and they did not raise any objections with regard to the protection of surface and groundwater, they did suggest numerous conditions to be incorporated into any permission. Flood risk The site is not located within a flood zone nor has NRW raised any concerns with regard to flooding at the site, or increase flood risk elsewhere as a result of operations at the site, therefore there are no concerns with regard to flooding impact related to this proposal. Reinstatement of the site As previously mentioned, reinstatement of waste sites mainly apply to landfill sites where detailed restoration and aftercare plans are required to ensure that the land is left in a safe condition. The proposed development will not be filling in land or excavating large amounts of material, should use of the site cease there would be minimal requirements for restorations and/or aftercare. Conditions can be imposed to ensure once operations of the site have ceased any buildings, plant and/or machinery are removed. Conditions can also be imposed to ensure that hard surfaces and/or roads are removed and the surface underneath ripped to ensure a good substrate for the natural regeneration of the site. It is considered that the inclusion of suitable restoration conditions to any permission would help to ensure that the site can be restored to a satisfactory standard.


Transport and Access A number of concerns have been raised regarding the structural integrity of the bridge leading to the site, following these concerns an inspection of the bridge was carried out. This inspection found that the bridge has been tested for the ‘40 tonne live load structural assessment criteria’ and passed, meaning it is not sub standard in its load carrying capacity. Concerns have been raised with regard to the alignment of the bridge and this has been considered by the Head of Transport. In order to address some of the highways issues at the site there have been various conditions suggested, including;

New access to the site to be constructed prior to the commencement of any other work (with a typical layout for agricultural accesses)

Hard surfacing of the private access to a distance of 12 meters behind the edge of the carriageway, to be carried out prior to commencement of development on site and to as standard to be agreed by the Local Authority

Prior to the use of the site a visibility splay (2.4 metres by 45 metres) shall be formed and retained in perpetuity

The access, visibility splays and turning areas shall be provided prior to the commencement of development

A passing bay to be provided giving a carriageway width of 5.5 metres over a 15 metres linear length of the road near the bridge on the C2128 to be implemented prior to development on the site

Limiting HGV movements to 25 a day (in and out)

No vehicular movements to be allowed east of the site, a travel plan shall be submitted to confirm the route to and from the site

Conditions to control surface water runoff from flowing on the public road

Engineering of the site entrance so that it would not be accessible to vehicles coming from the east nor would it be possible for vehicles leaving the site to turn east on leaving the site.

The provision of a wheel wash on site to ensure that the public highways are kept free of deleterious material

Whilst it is acknowledged that the site access and the highways to and from the site are narrow there have been numerous conditions and improvements suggested by both the highways department and by the applicant themselves. With these improvements in place many of the concerns with regards to highways can be addressed, a passing place next to the bridge would actually be a beneficial addition to the highway, whilst this would obviously be to accommodate H.G.V’s it would also be of use for other users of the highway. With a specially engineered entrance H.G.V’s would not be able to enter the site from the east or leave the site and head east this would help to reduce the likelihood of lorries going past the crematorium and round the back roads to the site.


Visual impact There are two buildings proposed on the site, one an office/staff building located close to the access of the site, the other, a more substantial soil storage building. The larger building has an apex of height of 7 meters, and will be located alongside the eastern face of the quarry, on the quarry floor – the floor of the quarry is between approximately 2-5 metres below the road adjacent to the site. The topography of the site will help to screen the building from external views, whilst the buildings will be visible from the highway, a landscaping scheme to be submitted to the authority, along with the topographical characteristics of the area would help to minimise visual impacts. With a well thought out landscaping plan for the northern boundary of the site the proposed buildings would not be easily visible from longer distance views into the site. The applicant will be bringing crusher and screeners in to the site on an as and when required basis meaning that there will not be a permanent presence. Whilst there will be other plant on site, given the adequate dimensions of the site, when not in use the plant can be parked to the rear of the building, or within the building, this will help to reduce the visual impact of any heavy plant on the site. The presence of stockpiles and storage bays on site also has the potential to have a visual impact on external view points. However, it is not considered that these elements of the site would have an adverse visual impact, the stockpiles and bays are on the lowest section of the site and conditions can also be imposed to control the height of any stockpiles, so that they do not become too intrusive. Therefore, with a carefully designed landscaping plan it is considered that the visual impact of the site would be limited. It is also of note that the site is an historic quarry site, industrial land uses are therefore part and parcel of the history of the site which is industrial in nature and appearance. Other Issues This application brings up various other issues which are not covered above, including the contribution of the site to a more efficient recycling network within Carmarthenshire and the fact that the development is outside of the development limits, as defined within the Unitary Development Plan. As highlighted in the policy sections South Wales as a whole is currently behind North Wales in terms of the treatment of construction and demolition waste and recycling rates, as revealed by the Natural Resources Wales survey of 2012.The report revealed that whilst preparation for re-use was the dominant waste management method in the South East (58%) and North (46%) regions, the South West is not performing as well with land disposal being the most common waste management method (39%) followed by recycling (31%). Clearly then, there is room for improvement in the way that South West Wales deals with its construction and demolition waste and recycling of this material needs to be increased. This is not a case of ‘cant somebody else do it’, positive measures need to be taken within Carmarthenshire to increase the amount of this material that is recycled. This proposal would be an opportunity to help increase the amount of inert and construction waste recycled within the county.


As noted previously the development proposal is outside of the development limits as defined by the Unitary Development Plan, this has been raised as a concern by various objectors and Llanelli Rural Council. Policy GDC 32 deals with planning proposals on so called ‘white land’ ie land without a notation on the proposals or inset maps, and states that ‘applications will be determined in accordance with the relevant policies contained in the plan’. The proposal has been assessed against the various relevant policies within the UDP throughout this report, whilst concerns have been raised regarding certain aspects of the development it has been highlighted that there are numerous mitigation measures proposed which would help to reduce impacts upon amenity. It is acknowledged that the development is outside of the development boundary for Llanelli, however, given the nature of the operations it is unlikely that there would be many suitable parcels of land within the development boundary. Technical Advice Note 21 (Waste) provides guidance on factors to be taken into account when locating sites such as these, disused quarries are highlighted as a possible location for these sites. Section 3.27 of the TAN states that waste sites might be located, if appropriate, within or adjacent to;

industrial areas, especially those containing heavy or specialised industrial uses;

Active or worked out quarries - landfill is commonly used in quarry restoration but there may be opportunities for other types of waste management facilities at some quarried sites. It should be noted that quarry depth and the nature of the local water table will affect the feasibility of using such sites;

degraded, contaminated or derelict land - well-located, planned, designed and operated waste management facilities may provide good opportunities for remediating and enhancing sites which are damaged or otherwise of poor quality, or bringing derelict or degraded land back into productive use;

It could be considered that the site in question is located adjacent to an industrial area, there are numerous industrial land uses in proximity of the site, as well as being located within a disused quarry it is also making use of derelict land, whilst nature had taken its course to some extent at the site the area had never received any designation and has largely been derelict. Therefore, whilst the site is outside of the defined development boundary it does meet with some of the criteria within the TAN. It is also in relatively close proximity to transport routes being approximately, 2 kilometres by road from the main A4138 and within close proximity of junction 48 of the M4, this proximity to transport routes is another requirement of the TAN and is beneficial to the sites location for the proposed land use. In summary, whilst the proposal is located outside of development limits, contrary to policy GDC 32, it is considered that, given the nature of operations at the site it would be of more benefit to locate the development outside of the development boundary. By doing this it also matches criteria highlighted within the TAN for land uses of this type. A further consideration regarding this application would be the history of the site, there has been a history of planning permissions for waste uses at this site, (specifically inert landfill – which has been granted twice under previous applications) as highlighted at the beginning of the report. Therefore, whilst this proposal is different to the previously approved applications a waste use of this site has previously been established, if any of these permission had in fact been implemented permission would still exist for inert landfill operations at the site. Whilst it is acknowledged that each planning application is judged on its own merits it is worthy of note that similar proposals have been granted permission on numerous occasions.


Conclusion The aim of the TAN 21 and of Planning Policy Wales is to ensure that waste is dealt with in the most sustainable way possible, whilst also ensuring that there are no adverse impacts upon the environment or on residential amenity. The proposal provides an opportunity to deal with construction and demolition waste in a more sustainable way, pushing more of these waste arising up the waste hierarchy. As demonstrated previously, this is one waste sector where South West Wales are currently performing poorly; therefore this proposal would provide a much needed opportunity for improvement in this sector. However, this must be balanced against any environmental and social impacts that may occur as a result of this proposal, these have been considered in detail throughout the report. In summary, whilst dust is potentially a problem arising from site operations there have been numerous mitigation measures and conditions suggested to mitigate these impacts, the development has also been considered by the Head of Public Protection and no objections were raised. Highways is another of the major issues raised by the objectors. Whilst the bridge on Llethri road and the access to the site are narrow, the Head of Transport has been consulted, has tested the strength of the bridge which was found to be adequate and has not raised any objections to the development on highway grounds, but has suggested numerous conditions. With regard to the impact of the development on ecology in the area, more specifically the potential for the site to have adverse impacts upon the Burry Port Inlet SAC/SSSI this has been considered by the Councils ecologist who carried out a TLSE as well as an ‘appropriate assessment’ and found that whilst there is potential for the proposal to impact upon designated sites, this potential could be reduced to an acceptable level with the inclusion of various pre-commencement conditions. This was also signed off by NRW who were happy that any risks associated with the development could be reduced to an acceptable level with the inclusion and enforcement of various conditions. Noise issues have been discussed in more detail above but essentially the crushing/screening element of the development will comply with legislation in the MTAN 1 and the more day to day operations will comply with the lower thresholds set in the British Standard 4142:1997. In summary, the proposal is clearly beneficial in terms of the contribution it can make to recycling targets for Carmarthenshire and for the region. With regard to environmental and social impacts, all the statutory consultees have been consulted on the application and only one, Llanelli Rural Council, have raised any objections to the development. Local Planning Authorities must make determinations in accordance with the Development Plan unless any material considerations indicate otherwise. In this case, it has been demonstrated that the proposal does not conflict with the policies contained within the Carmarthenshire Unitary Development Plan. The potential impacts from this development would be acceptable and can be satisfactorily mitigated by conditions. Given the policy background and the lack of other material considerations that indicate that there would be adverse environmental or amenity impacts, there are no reasons which would justify a refusal. In light of all the above the proposal is recommended for approval subject to the following conditions.


SUMMARY REASONS FOR APPROVAL In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows: MWM1 – New Mineral Sites and Extensions, MWM2 – Adequate Reserves, MWM4 – Restoration and Afteruse, GDC19 – Retention of Landscape Features, EN5 – Protection and Enhancement of Flora and Fauna, EN6 – Retention of Habitats, EN8 – Landscape Features of Major Importance for Flora and Fauna, EN9 – Site Protection – Habitats & Species of Biodiversity Concern, EN11 – Ancient, Broadleaved and Mixed Woodlands, EN15 – Tree Planting, UT12 – Pollution, UT13 – Unstable Land

RECOMMENDATION – APPROVAL

CONDITIONS 1 The development hereby permitted shall be commenced before the expiration of five

years from the date of this permission. 2 The development hereby permitted shall be carried out strictly in accordance with the

plans submitted namely:

a) Drawing number 126-02 Proposed Site; b) Drawing number 126-03 Proposed soil storage shed and site officefacilities.

3 Notwithstanding the provisions of Part 4 of Schedule 2 of the Town and Country

Planning (General Permitted Development) Order 1995 (or any order amending, replacing or re-enacting that Order) no fixed plant or machinery, buildings, structures and erections, or private ways, other than those detailed in the application, shall be erected, extended, installed, rearranged, replaced, repaired or altered at the site without the prior written permission of the Local Planning Authority.

4 Crushing/screening operations shall only take place on 12 separate days in any

calendar year 5 The developer must inform the Local Planning Authority in writing at least 72 hours

prior to any crushing/screening operations taking place at the site 6 The material to be imported for processing on site shall be inert material or material

that does not contain any contaminants which would pollute controlled waters. The definition of inert materials is as follows:

Topsoil, subsoil, brickwork, stone set concrete, clay and silica (excluding finely

powdered waste), glass, solid and granular dry materials free from any noxious, poisonous or polluting substance which does not decompose or for any which the environmental impact of decomposition is less than or comparable with that of topsoil and is virtually insoluble in water.


7 The throughput of material at the site shall not exceed 20,000 tonnes per annum. 8 From the date of this permission the operator shall maintain records of their monthly

input/output and shall make them available to the Local Planning Authority within 14 days of any written request.

9 Except in an emergency or when otherwise approved in writing by the Local Planning

Authority, operations, other than water pumping, servicing, environmental monitoring or maintenance of plant shall not be carried out at the site except between the following times:

a) 07:30 hours to 18:00 hours Mondays to Fridays; and b) 08:00 hours to 14:00 hours on Saturdays The term “emergency” means any circumstances in which the operator has

reasonable cause for apprehending injury to persons or serious damage to property or the environment.

10 No operations shall take place at the site on Sundays, Bank or Public Holidays. 11 The free field noise levels attributable to operations involving the use of the crusher

on the site as measured at the boundary of the curtilage of any residential or noise-sensitive property shall not exceed background noise levels by more than 10 dBLAeq(1hour). Measurements and assessments shall be made in accordance with BS4142.

12 At all other times (when the crusher is not in operation) the rating level of the noise

emitted from the proposed development as a whole shall not exceed the existing background noise level by more than 5dBLAeq(1 hr). The noise levels shall be determined at the nearest noise sensitive premises or at another location that is notified by the authority. Measurements and assessments shall be made in accordance with BS4142.

13 At the written request of the Local Planning Authority the operator shall employ an

independent consultant to assess, by a method to be approved by the Local Planning Authority to determine whether noise arising from development exceeds the level specified in condition 11 and/or 12 above. The assessment shall be undertaken under the supervision of the Local Authority. In the event that Conditions 11 and/or 12 are exceeded then the submitted survey shall also include mitigation measures to ensure compliance with the noise level specified in conditions 11 and/or 12. The development shall then be undertaken in accordance with the approved details.

14 No deliveries shall be received at or dispatched from the site outside the hours of

07:30 to 18:00 Monday to Fridays and 08:00 to 14:00 on Saturdays and not at any time on Sundays, Bank or Public Holidays.


15 All plant, equipment and other machinery used in connection with the operation and

maintenance of the development shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in good condition in accordance with that specification at all times throughout the development.

16 The best practical means shall be used to minimise noise from reversing devices

which are fitted to mobile plant and vehicles on site. This shall include the fitting of ‘smart’ alarms to vehicles.

17 No blasting shall take place on site at any time. 18 Crushing/screening operations on the site shall be restricted to the following periods:

a) 9.00 to 18.00 Monday to Friday b) 09:00 to 12:00pm on Saturdays c) No crushing operations shall take place on Sundays or Bank or Public Holidays

19 The mitigation proposals within the Dust Pollution Prevention Statement document

shall be employed on the site at all times during the life of the operation. 20 No loaded vehicles shall leave the site un-sheeted except those only carrying stone

in excess of 75 mm. 21 Processed stone shall be conditioned with water or proprietary conditioning agents

and this shall take place at or before the point of discharge from any conveyor. Drop heights of stone shall be minimised. Loading shall take place at sheltered points around any stockpile. When constructing and managing stock piles, regard shall be had to the need to prevent dust becoming wind entrained. Stock piles shall be suitably profiled and shall be situated in sheltered areas of the site. Other appropriate measures shall include periodic conditioning with water or proprietary conditioning agents, according to weather conditions and the fitting of dust covers to all external conveyors.

22 No waste shall be accepted into the site until wheel cleaning facilities have been

installed, in accordance with details of design, specification and position, including details for the provision of a permanent water supply, which shall have first been agreed in writing with the Local Planning Authority. The agreed facilities shall be available in full working order for use at all times during the period of the permission.

23 All plant, equipment and other machinery used in connection with the operation and

maintenance of the Quarry shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in good condition in accordance with that specification at all times throughout the development.

24 Prior to the erection of any lighting on site a lighting plan, to include measures limiting

impacts on the surrounding tree lines, shall be submitted for the approval of the Local Authority, the scheme shall be implemented as approved.


25 The new vehicular access shall be laid out and constructed strictly in accordance

with Typical Layout for agricultural accesses (specification for which is attached to this planning permission), prior to the commencement of any other work or development. Thereafter it shall be retained, unobstructed, in this form in perpetuity.

26 Notwithstanding Condition 25 above, prior to the commencement of development a

scheme shall be submitted for the approval of the Local Planning Authority detailing additional engineering of the site entrance. This engineering shall ensure that vehicles are only able to access/egress the site from/to the west, the scheme shall be implemented as approved.

27 Prior to the use of any part of the development hereby permitted, directional signs

shall be erected within the curtilage of the site in accordance with details to be approved by the Local Planning Authority. Such signs shall instruct drivers of all heavy machines to turn left at the site access and to proceed west along Llethri Road.

28 Any access gates shall be set back a minimum distance of 12.0 metres from the

highway boundary, and shall open inwards into the site only. 29 The access shall be hard surfaced for a minimum distance of 12.0metres behind the

edge of carriageway, in materials which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out prior to any part of the development approved herewith being brought into use.

30 The gradient of the vehicular access serving the development shall not exceed 1 in

20 for the first 12.0 metres from the edge of the carriageway. 31 Prior to any use of the access road by vehicular traffic, a visibility splay of 2.4 metres

x 45 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the estate road in relation to the nearer edge of carriageway.

32 The access, visibility splays and turning area required, shall be wholly provided prior

to commencement of any other part of the development, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

33 The parking spaces and layout shown on the plans herewith approved shall be

provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

34 A passing bay, giving a carriageway width of 5.5 metres over a 15 metres linear

length of the road, shall be provided at the bridge on the C2128. This shall be implemented prior to any part of the development being brought into use, and thereafter shall be retained, unobstructed, in perpetuity.

35 The operation shall be restricted to no more than 10 HGV movements per day.


36 There shall be no vehicular movements to the east of the site a travel plan shall be submitted prior to the commencement of development to confirm the route to and from the site

37 All surface water from the development herewith approved shall be trapped and

disposed of so as to ensure that it does not flow on to any part of the public highway. 38 No surface water from the development herewith approved shall be disposed of, or

connected into, existing highway surface water drains. 39 There shall at no time be any growth or obstruction over 0.9 metres within 2.4 metres

from the river embankment for a distance of 33m in an easterly direction 40 The ecological recommendations listed within Section 7 (Pages 27 to 30) contained

within the ‘Ecological Assessment’, prepared by Pryce Consultant Ecologists and dated 2nd August 2013 shall be implemented in full, throughout the working life of the development.

41 Prior to commencement of works on site The Ecological Management Plan as

described in Section 7.12 of the Ecological Assessment must be submitted for the approval of the Local Planning Authority, any measures detailed in this plan shall be carried out as approved.

42 Prior to the commencement of development approved by this planning permission (or

such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

a) A preliminary risk assessment which has identified:

i. all previous uses ii. potential contaminants associated with those uses iii. a conceptual model of the site indicating sources, pathways and receptors iv. potentially unacceptable risks arising from contamination at the site.

b) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

c) The site investigation results and the detailed risk assessment (2) and, based

on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d) A verification plan providing details of the data that will be collected in order to

demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning

Authority. The scheme shall be implemented as approved.


43 Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

44 Reports on monitoring, maintenance and any contingency action carried out in

accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority.

45 If, during development, contamination not previously identified is found to be present

at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

46 No infiltration of surface water drainage into the ground is permitted other than with

the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

47 Piling or any other foundation designs using penetrative methods shall not be

permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

48 No development approved by this permission shall be commenced until a

construction management plan (CMP) detailing all necessary pollution prevention measures for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. The details of the CMP shall be implemented as approved and must be efficiently communicated to all contractors and sub-contractors (for example, via toolbox talks) and any deficiencies rectified immediately.

49 The development hereby permitted shall not be commenced until such time as a

scheme to treat and remove suspended solids from surface water run-off during construction works has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.


50 The existing trees, bushes and hedgerows within the site shall be retained and shall not be (felled, lopped, topped or removed) in areas outside of the current or succeeding phase of working or tipping without the prior written consent of the Local Planning Authority. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased shall be replaced with trees or bushes of a similar size and species unless otherwise agreed in writing by the Local Planning Authority, in the planting season immediately following any such occurrences.

51 Prior to the commencement of development a landscaping plan shall be submitted

for the approval of the Local Authority. 52 Trees, shrubs and hedges planted in accordance with the approved scheme shall be

maintained and any plants which (within five years of planting) die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Local Planning Authority.

53 Prior to the commencement of development details of strengthening geotextiles

and/or geogrids to be used within the hardcore standing area shall be submitted for the approval of the Local Authority. The scheme shall be implemented as approved.

54 The top surfaces of all tips, soil mounds and storage mounds shall be sloped at a

suitable gradient to encourage surface water drainage and prevent ponding and erosion. The maximum height of all storage mounds shall not exceed 3m above adjacent existing ground level for topsoil and 4m in any other case.

55 Not later than twelve months from the date when operations at the site have ceased

permanently, all buildings, plant, machinery, access to the highway, internal roads, lagoons, drainage features, and any other equipment or installations shall be removed and their sites restored and re-vegetated.

REASONS 1 Required to be imposed pursuant to section 91 of The Town and Country

Planning Act 1990. 2,6,40 To ensure compliance with the submitted drawings and documents. 3 In the interests of amenity and to reduce environmental impacts of the

development. 7, 8 To allow the Local Planning Authority to adequately monitor activity at the site and

in the interests of residential amenity. 4, 5, To minimise dust emissions from the site. 19-21 9-18, To minimise noise impacts and for the protection of residential amenity. 23


25-39 To ensure that deleterious material is not carried on to the public highway and &22for the general safety of all road users

24, 40 In the interest of the environment and ecology in the area. 41 42 Controlled waters at this site are of high environmental sensitivity as the site

is a Secondary A Aquifer which has no protection of superficial cover. Contamination is a/so known/strongly suspected at the site due to its previous use as a landfill.

43 To demonstrate that the remediation criteria relating to controlled waters have

been met, and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

44 To ensure that longer term remediation criteria relating to controlled waters have

been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

45 Given the previous use the site, accepting mixed wastes; it is considered

possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

46 Increased infiltration in areas where there is contamination may mobilise

contamination and pose a risk to both ground and surface waters. 47 There is an increased potential for pollution of controlled waters from

inappropriate methods of piling. 48,49 Prevent pollution of controlled waters and the wider environment. 50-52 In the interests of site maintenance and landscaping. 54 53 To ensure that there is no subsidence. 55 To ensure the site is left in a state in which nature can effectively regenerate. NOTES 1 Any amendment or alteration of an existing public highway in connection with a

new development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement and the developer is advised that the total costs of entering into such an agreement, as well as the costs of undertaking any physical works on site, shall be met by him.


2 It is the responsibility of the developer to contact the Streetworks Manager of the Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway.

3 It is recommended that the applicant seek advice from the structures department

on the strength of the bridge 4 The applicants attention is drawn to the Planning Advisory Notes attached by

Natural Resources Wales 5 Any mobile crushing plant brought in to the quarry must benefit from a valid Part B

Permit issued in accordance with the Environmental Permitting (England and Wales) Regulations 2010 (as amended)

REASONS FOR GRANTING PLANNING PERMISSION The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. • MWM1 – New Mineral Sites and Extensions, MWM2 – Adequate Reserves, MWM4 –

Restoration and Afteruse, GDC19 – Retention of Landscape Features, EN5 – Protection and Enhancement of Flora and Fauna, EN6 – Retention of Habitats, EN8 – Landscape Features of Major Importance for Flora and Fauna, EN9 – Site Protection – Habitats & Species of Biodiversity Concern, EN11 – Ancient, Broadleaved and Mixed Woodlands, EN15 – Tree Planting, UT12 – Pollution, UT13 – Unstable Land

s/29950 application type mineral application and...

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