Continued development without compliance with Condition 8 of Planning Permission Ref DCNW2004/1404/M for the remainder of the permission.

Continued development without compliance with Condition 8 of Planning Permission Ref DCNW2004/1404/M for the remainder of the permission.

Updates

In accordance with the criteria for public speaking, Mr Gresco, representing Aymestrey Parish Council, spoke in objection to the application.

In response to the comments from the Parish Council the Principal Planning Officer (Minerals and Waste) advised Members that the road in question was a public highway so volume of traffic was not a Council matter.

In response to a question the Principal Planning Officer (Minerals and Waste) advised members that granting the application would not increase traffic and that the existing quarry accounted for less than one percent of vehicle movements on the A4110.

Councillors felt that it may be beneficial for the Parish Council to contact West Mercia Police in order to arrange for speed checks to be set up on the A4110 in order to address vehicle speed concerns in the area.

RECOMMENDATION

That planning permission be granted subject to the following conditions:

1          The development shall continue to be carried out in all respects strictly in accordance with the approved details and plans [drawing nos. NL 04808/06; NL 04808/phs 1, Phase 1; NL04808/phs 2, Phase 2; NL 04808/phs 3, Phase 3; NL 04808/phs 4, Phase 4; PA7 (Final Restoration, A3 coloured), PA8 (Sections ‘A-A' to ‘E-E')] as submitted under planning applications reference DCNW2002/0573/M and DCNW2004/1404/M, except where otherwise stipulated by conditions attached to this permission.

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development, in the interests of the amenities of local people, the landscape, pollution control, nature conservation, the control of nuisances and to ensure a satisfactory reclamation of the site, in accordance with policies S1, S2 and S9 of the Herefordshire Unitary Development Plan 2007.

2          B04 Amendment to existing permission

3          No machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: 0600-1800 Monday to Friday and 0600-1200 on Saturdays, nor at any time on Sundays, Bank or Public Holidays, except that until 10 August 2027:

a) The tarmac coating plant shall be allowed to commence at 0500 Monday to Saturday;

b) or up to and including six occasions in each calendar year, the operation and use of the tarmac coating plant, and loading and despatch of vehicles on Sundays may be undertaken.  On such Sunday working days, no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside 0700 - 1600 hours, except that the tarmac plant shall be allowed to commence at 6 am.  Written notification of the date of such Sunday working shall be forwarded to the Local Planning Authority within 3 working days of each and every occasion of Sunday working.

Reason: In order to protect the amenity of occupiers of nearby properties in accordance with policies S1, S2 and S9 of the Herefordshire Unitary Development Plan 2007.

4          Copies of:

a)  This planning permission;

b)  All other permissions currently in force;

c)  All current approved plans;

d) All other documents subsequently approved in accordance with any current permission, conditions or amendments approved pursuant to any or all;

Shall be held in the site office at Leinthall Quarry and be made available to any person to read on request during the permitted hours of opening.

Reason:  To ensure that employees, members of the public and officers of the Council may readily make themselves aware of the requirements of the planning permission and approved plans and schemes and to ensure that all aspects of the proposal are complied with in accordance with policies S1, S2 and S9 of the Herefordshire Unitary Development Plan 2007.

INFORMATIVES:

1          The decision to grant planning permission has been taken having regard to the provisions of the Development Plan: in particular policy M2 of the West Midlands Regional Spatial Strategy and the relevant policies of the Herefordshire Unitary Development Plan 2007 set out below.  In reaching this decision, the local planning authority was mindful of the particular circumstances of the case, namely the acknowledged need to continue to provide an adequate and steady supply of aggregates, the applicant’s existing and established rights for the winning and working of minerals, the fact that there are no traffic implications and no proposed operational changes to current practices, and because no complaints have been received or substantiated relating to the operation of the tarmac coating plant or Sunday working during the period within which these have been permitted.

The local planning authority has concluded that there are no clear-cut or sound reasons for retaining the period time limits for starting up the tarmac coating plant and working the quarry on Sundays for up to 6 occasions in each year.  On this basis there would be no adverse environmental effects that would justify refusal

Policies: Herefordshire Unitary Development Plan 2007:

S1    - Sustainable development

S2    - Development requirements

S9    - Minerals

DR2 - Land use and activity

DR4 - Environment

2          Conditions 1, 4, 5, 6, 9, 10, 16, 17 and 19 of permission DCNW2002/0573/M granted 27 August 2002 were amended under planning permission DCNW2004/1404/M in order to reflect the fact that that permission had been commenced and that the wording of some conditions was no longer appropriate.  Permission DCNW2004/1404/M continues to subsist and those amendments are not negated by this new permission.

3          Condition 21 of planning permission DCNW2004/1404/M states that it should be implemented in lieu of, and not in addition to, DCNW2002/0573/M.  Condition 8 of planning permission DCNW2004/1404/M is now superseded by condition 3 of the permission hereby granted.  Otherwise, this new permission does not supersede permission DCVW2004/1404/M, and should be regarded as additional to it, subject to the amendments detailed above.