EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 31 January 2014
12/0831/PP: PHASED EXTRACTION OF SAND AND GRAVEL INCLUDING
ESTABLISHMENT AND OPERATION OF ASSOCIATED PROCESSING
PLANT, ACCESS ROAD AND ANCILLARY SITE INFRASTRUCTURE.
AT: TOWNHEAD OF GREENOCK, MUIRKIRK
BY HILLHOUSE QUARRY GROUP LTD
Appealed under non-determination
Report by Head of Planning and Economic Development
Click for Application Details: http://eplanning.eastayrshire.gov.uk/online/caseFile.do?category=application&caseNo=12/0831/PP
EXECUTIVE SUMMARY SHEET
1.
DEVELOPMENT DESCRIPTION
1.1
The proposal aims to provide for the phased extraction of approximately
4,000,000 tonnes of sand and gravel, with the concurrent restoration of
extracted areas. The proposal also includes the processing and distribution of
the extracted sand and gravel.
1.2
The phased extraction would take place over a period of between 12.5
to 18.5 years with approximately 200,000 to 300,000 tonnes of sand and gravel
being produced annually. The proposed excavations would be to a depth of up
to 20m.The quarry would have a period of 9 months start up, for welfare
facilities and roads etc and a final 12month period of restoration following the
completion of the extraction process. Aftercare is proposed for a period of five
years after the final restoration is completed.
Following excavation of the sand and gravel the site will be reinstated with
water body at the western end of the site which will be 1.5m deep while the
central area of the site will contain marshy grasslands.
1.3
The appeal site is approximately 41ha in area while the operational uses
associated with the development occupy the following area;



Phased extraction of sand and gravel from 20.4ha
A plant and processing area over 1.3ha, and
A 8 m wide quarry access road from the B843
1.4
As part of the proposed mitigation measures the applicant, who is in
control of 223.43ha of land in the locality aims to undertake improvements to
the farmland to enhance habitat of the surrounding area. This proposal would
be controlled through a legal agreement and conditions and managed under a
Habitat Management and Bird Monitoring Plan.
1.5
Clarification
It is noted from an examination of the planning application drawings and the
Environmental Assessment that while this proposal relates to the extraction of
minerals from below the ground, the scale and the speed of the operations are
not comparable to those of the Surface Coal Mining Industry. The principle
difference being that the quarry requires to remove only a limited amount of
material before reaching the sand and gravel to be extracted. Where as,
Surface Coal Mining generally requires the removal of vast quantities of
overburden (rock), in excess of 50m to 80 deep before it reaches the product it
wishes to extract i.e. coal. As indicated in the Compliance Monitoring report the
maximum liability for restoration from the quarry operations is £320,000 (which
excludes drainage and the ongoing maintenance/safety costs until appointment
of a contractor should the business operator go into liquidation). This sum will
be reviewed by the Compliance Monitor as part of the technical discharge of
planning conditions and prior to commencement of the development to verify
any associated increase in liability costs to ensure that the monies held by the
Council cover all restoration costs associated with the site and thereafter
review matters every 6 months. The project takes place over a period of 12.5
to 18.5 years for the extraction of 4 million tonnes of sand and gravel. It is also
noted that the maximum depth of excavation is under 20m.
2.
RECOMMENDATION
2.1
It is recommended that the Planning Committee are supportive of
the application subject to the DPEA Reporter attaching the planning
conditions detailed below to any grant of Planning Permission but, prior
to the issue of planning permission, it is recommended to the DPEA
Reporter that he withhold the issue of any decision notice until such time
as the Section 75 legal agreement outlined above in Section 7.1 is
concluded.
3.
CONCLUSIONS
3.1
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act
1997 require that planning applications be determined in accordance with the
Development Plan unless material considerations indicate otherwise.
3.2
In relation to the Development Plan, it has been demonstrated in the
report there is a clear shortfall of sand and gravel in Ayrshire in the short term
and in the Glasgow conurbation in the medium terms. Therefore it is
considered that need for this new quarry has been justified and the
development complies with planning policy in this regard.
3.3
With regards to the operation, restoration and aftercare of the proposed
development it is considered that the scheme can be policy compliantif the
mitigations measures set out in the proposed planning conditions and section
75 legal obligation are attached to any grant of consent and appropriately
monitored thereafter through a compliance monitoring regime.
3.4
There are material considerations relative to this proposal and these are
generally supportive of the scheme subject to mitigation measures, with the
exception of the Community Councils who oppose the scheme principally due
to the transportation issues which it is considered are not of sufficient weight as
would merit the Planning Authority recommending refusal to the DPEA
Reporter.
CONTRARY DECISION NOTE
Should the Committee agree that the Committee should object to the
application contrary to the recommendation of the Head of Planning and
Economic Development, the application would not require to be referred to the
Council as this would not constitute a significant breach of policy.
Alan Neish
Head of Planning and Economic Development
Note: This document combines key sections of the associated report for
quick reference and should not in itself be considered as having been the
basis for recommendation preparation or decision making by the
Planning Authority.
EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 31 January 2014
12/0831/PP: PHASED EXTRACTION OF SAND AND GRAVEL INCLUDING
ESTABLISHMENT AND OPERATION OF ASSOCIATED PROCESSING
PLANT, ACCESS ROAD AND ANCILLARY SITE INFRASTRUCTURE.
AT: TOWNHEAD OF GREENOCK, MUIRKIRK
BY HILLHOUSE QUARRY GROUP LTD
Appealed under non-determination
Report by Head of Planning and Economic Development
1.
PURPOSE OF REPORT
1.1
The purpose of this report is to obtain an opinion from the Planning
Committee on this planning application under the scheme of delegation as the
application is a Major Development which has been appealed to the Scottish
Government’s Department of Planning and Environmental Appeals(DPEA) on
the grounds of non-determination by the Planning Authority.
1.2
As this application has been appealed to the DPEA, the determination of
the application rests with the appointed Reporter from the DPEA. The DPEA
have agreed to extend the period of time for the Planning Authority to make its
representations on this application by giving this Planning Committee the
opportunity to express its view on the application on behalf of the Council. To
this end any view by the Planning Committee becomes a representation on
behalf of the Council and a material consideration for the Reporter in the
consideration of this Planning Application.
2.
APPLICATION DETAILS
2.1
Site Description: The 40.56 hectares site is an area of semi improved
pasture and rough grazing located on the gentle hillside immediately north of
the B743 Sorn to Muirkirk road adjacent to Townhead of Greenock Farm. The
proposed quarry is located over 4km to the west of Muirkirk and8.3km to the
east of Sorn. The former Scottish Coal opencast complex of
Dalfad/Powharnalis located 1.1km to the south on the other side of the River
Ayr and the A70 road.
The surrounding moorland on the eastern, northern and western boundaries of
the site forms part of the Muirkirk and North Lowther Uplands Special
Protection Area. While the Airds Moss Special Area of Conservation is located
south of the site.
2.2 Proposed Development: The proposal aims to provide for the phased
extraction of approximately 4,000,000 tonnes of sand and gravel, with the
concurrent restoration of extracted areas. The proposal also includes the
processing and distribution of the extracted sand and gravel.
2.3
The phased extraction would take place over a period of between 12.5
to 18.5 years with approximately 200,000 to 300,000 tonnes of sand and gravel
being produced annually. The proposed excavations would be to a depth of up
to 20m.The quarry would have a period of 9 months start up, for welfare
facilities and roads etc and a final 12month period of restoration following the
completion of the extraction process. Aftercare is proposed for a period of five
years after the final restoration is completed.
Following excavation of the sand and gravel the site will be reinstated with
water body at the western end of the site which will be 1.5m deep while the
central area of the site will contain marshy grasslands.
2.4
The appeal site is approximately 41ha in area while the operational uses
associated with the development occupy the following area;



Phased extraction of sand and gravel from 20.4ha
A plant and processing area over 1.3ha, and
A 8 m wide quarry access road from the B843
2.5
As part of the proposed mitigation measures the applicant, who is in
control of 223.43ha of land in the locality aims to undertake improvements to
the farmland to enhance habitat of the surrounding area. This proposal would
be controlled through a legal agreement and conditions and managed under a
Habitat Management and Bird Monitoring Plan.
2.6
Clarification
It is noted from an examination of the planning application drawings and the
Environmental Assessment that while this proposal relates to the extraction of
minerals from below the ground, the scale and the speed of the operations are
not comparable to those of the Surface Coal Mining Industry. The principle
difference being that the quarry requires to remove only a limited amount of
material before reaching the sand and gravel to be extracted. Where as,
Surface Coal Mining generally requires the removal of vast quantities of
overburden (rock), in excess of 50m to 80 deep before it reaches the product it
wishes to extract i.e. coal. As indicated in the Compliance Monitoring report the
maximum liability for restoration from the quarry operations is £320,000 (which
excludes drainage and the ongoing maintenance/safety costs until appointment
of a contractor should the business operator go into liquidation). This sum will
be reviewed by the Compliance Monitor as part of the technical discharge of
planning conditions and prior to commencement of the development to verify
any associated increase in liability costs to ensure that the monies held by the
Council cover all restoration costs associated with the site and thereafter
review matters every 6 months. The project takes place over a period of 12.5
to 18.5 years for the extraction of 4 million tonnes of sand and gravel. It is also
noted that the maximum depth of excavation is under 20m.
3.
CONSULTATIONS AND ISSUES RAISED
3.1
East Ayrshire Council Roads Division has raised no objections subject
to planning conditions and legal obligations relating to the following:
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Visibility improvements of 4.5m by 215m, minimum junction standards
and road improvements from access /egress at site onto the B743;
Internal road to be to industrial standard for the first 20m from the
B743;
Provision of drainage to prevent ponding on the B743;
Provision of Wheelwash prior to exit from the site;
Adherence to the Minerals Transportation Protocol;
Agreement of maintenance contributions.; and
Road surface and signage improvements on the A70 at its junction with
the B743
The Appellant has agreed to the above planning conditions and
legal obligations and these can be recommended to the DPEA
Reporter to address these issues.
3.2
East Ayrshire Council Environmental Health have no objection subject
to conditions addressing hours of operation, noise pollution, sampling
monitoring and protection of private water supplies, dust suppression and dust
monitoring.
Planning conditions can be recommended to the DPEA Reporter
addressing these issues.
3.3
Scottish Natural Heritage indicate given that the proposal is located
300m from the nearest part of the Muirkirk and North Lowther Uplands Special
Protection Area (SPA) and 300m away from the nearest part of Airds Moss
Special Area of Conservation (SAC) they object to the proposal unless it is
subject to a number of mitigation measures to protect the integrity of the SPA
and the SAC.
Those mitigation measures include;
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Measures to be put in place to ensure dust suppression.
The minimising of noise.
The minimising of light spill.
Pre-operational planting along the southern boundary of the
development.
All stripping of vegetation and soils to be undertaken outwith the main
bird breeding season ( March to August inclusive)
Bird Survey to be undertaken on all areas within 500m of areas due to
be worked during bird breeding season.
If nest of Hen Harriers are found, peregrine, short eared owl merlin or
golden plover are found no work shall take place until further
consultation takes with the Planning Authority and SNH.

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A Habitat Management and Bird Monitoring Plan to be agreed and
implemented.
Protected species surveys to be carried out prior to each period of
vegetation clearance or soil stripping.
An Environmental Management Plan to be produced and agreed with
SNH and the Planning Authority prior to commencement of the
development.
A rolling programme of restoration, especially to improve the extent and
quality of marshy grassland, wet heath and mire habitat
Agreed off-site mitigation and compensation measures to be
implemented on 223hectares of land suitable for improvement for
moorland birds and close to areas where impacts are most likely.
All recommendations in the Environmental Statement shall be fully
implemented.
They also raise concern about the formation of the access driveway into
the site resulting in the removal of an area of deep peat.
Discussions between the appellant and SNH have been ongoing
prior to and since the submission of the Planning Application and
the appellant has indicated their willingness to incorporate the
majority of the issues raised above through the provision of a
Technical Working Group, the provision of an Ecological Clerk of
Works, provision of the offsite compensatory moorland
improvements and the Habitat Management and Bird Monitoring
Plan. However with regards to the location of the access road the
appellant has indicated they are unable to alter the position despite
the concerns regarding the detrimental disturbance to the peat due
to the road safety requirements of the Roads Authority. Planning
conditions can be recommended to the DPEA Reporter addressing
these issues.
3.4
SEPA have no objection to the proposal and welcome the monitoring of
the private water supply and note that said monitoring should begin in advance
of operations commencing in order to establish baselines conditions for
comparison. In addition they indicate that water management plans should be
drawn up covering all phases of the development including contingencies for
emergency incidents. However, they confirm that the final water body may fall
into the category of the Reservoirs (Scotland) Act 2011 due to the water body
being retained by an element of bunding. To this end they request that further
information be obtained in relation to this issue prior to the commencement of
any development on site.
Conditions relating to the monitoring of the private water supply
and the Water Management Plan and construction details on the
formation of the Reservoir can be recommended to the DPEA
Reporter.
3.5
RSPB do not object to the proposals subject to the use of appropriate
conditions and legal agreements to safeguard mitigation requirements listed
below.
They indicate that although the proposed development would not directly affect
the designated SPA and the SAC sites through habitat loss, the proposed
development will result in loss of habitats that are used by the SPA bird
populations and by important breeding wader bird populations. In addition
impacts as a result of disturbance would affect black grouse and wader. Thus
mitigation measures are required by RSPB are;
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The appellant shall submit a restoration and aftercare plan to EAC to be
agreed with SNH and RSPB prior to commencement of the
development.
The appellant shall implement the agreed restoration and aftercare plan,
subject to revisions by SNH and RSPB, to the satisfaction of SNH and
RSPB.
The peat movement, turf translocation and habitat restoration will be
overseen by a suitably qualified Ecological Clerk of Works.
Phases shall be restored and entered into aftercare progressively. Once
the whole site is restored it shall be subject to a 5 year aftercare period.
A bond will be secured to ensure restoration and aftercare of the
extraction site.
Soil stripping and vegetation removal shall only take place outwith the
bird breeding season (March to July inclusive).
A bird breeding survey of the area within 500m of the area to be worked
in each breeding season will be commissioned by the operator and
completed by a suitably qualified ecologist. Suitable stand-off distances
will be agreed with SNH and RSPB if the presence of breeding birds is
confirmed.
An environmental Management Plan will be produced by the appellant
to the satisfaction of SEPA and SNH prior to commencement of
operations. The plan will be implemented by the applicant.
No operations will take place between 1hour before and 2hours after
sunrise and 1hour before and 1hours after sunset between mid-March
to mid-May to prevent disturbance to lekking black grouse.
Any new fences will be micro sited and marked to minimise collision risk
to black grouse.
The appellant shall submit a Habitat management and Bird Monitoring
Plan to EAC to be agreed with SNH and RSPB prior to commencement
of the development.
The appellant will review the HMBMP with SNH and RSPB every 5
years in light of monitoring results and will implement the agreed
HMBMP.
A bond will be secured to ensure delivery of the HMBMP and the land
subject to the HMBMP shall be secured for delivery of the plan through
an appropriate legal agreement.
Discussions between the appellant and RSPB have been ongoing
prior to and since the submission of the Planning Application and
the appellant has indicated their willingness to incorporate the
majority of the issues raised above through the provision of a
restoration security, provision of a Technical Working Group, the
provision of an Ecological Clerk of Works, provision of the off site
compensatory moorland improvements and the Habitat
Management and Bird Monitoring Plan. However with regards to
the location of the access road the appellant has indicated they
are unable to alter the position despite the concerns regarding the
detrimental disturbance to the peat due to the road safety
requirements the of the Roads Authority. Planning conditions can
be recommended to the DPEA Reporter addressing these issues.
3.6Ayrshire Rivers Trust have indicated that they have been in discussion with
the appellant and that the appellant has agreed to finance the monitoring of the
Salmon population by electrofishing of the River Ayr by the Ayrshire Rivers
Trust in years 1,2,3,8,13 and 18 of the development.
In addition to this matter they highlight the importance of the preventative
measures to stop pollution of ground waters from the quarry activities and
surface water runoff from the site.
Planning conditions can be recommended to the DPEA Reporter
addressing these issues.
3.7
Transport Scotland have indicated that while the proposed development
represents an intensification of the use of this site the percentage increase in
traffic on the trunk road is such that the proposed development is likely to
cause minimal environmental impact on the trunk road network and therefore
have no comment.
Noted .
3.8
Historic Scotland does not object to the proposed development.
Noted.
3.9
West of Scotland Archaeology Service indicate that the proposed
development falls within an area of archaeological sensitivity based on the
presence of sites and finds of post medieval, medieval and prehistoric date in
the surrounding landscape. Thus would recommend that there should be a
prior archaeological evaluation of the application area before the planning
application is considered. However they indicate that where this is not possible
that a suspensive condition should be attached to any grant of consent.
Planning conditions can be recommended to the DPEA Reporter
addressing these issues.
3.10 Cronberry Logan and Lugar Community Council have objected to the
proposal due to the transport servicing of the site having a direct implication on
the community. The Cumulative impact of an extra one hundred vehicles per
day on what is already operating through our village is unacceptable. We are of
the opinion that locally generated industrial traffic has already reached
saturation point. Therefore we ask that this application be refused.
It is expected that 5 lorries would leave the site every hour onto the
B743 towards the A70. It is predicted that at the junction of the A70
70% of the vehicles would head west on the A70 towards Lugar,
while 30% would head east towards Muirkirk.
3.11 Muirkirk Community Council do not support the proposals due to
concerns regarding:

Operating hours on the Saturday from 07:00 to 17:00
Proposed planning conditions would only permit 07:00 to 12:00
Saturday working.

Water treatment facilities from quarry before discharge to River Ayr
which is an established Salmon River.
Mitigation measures including a Water Management Plan have
been proposed to address the potential for water runoff and
discharge into the River Ayr.

Movements of heavy lorries.
It is expected that 5 lorries would leave the site every hour onto the
B743 towards the A70. It is predicted that at the junction of the A70
70% of the vehicles would head west on the A70 towards Lugar,
while 30% would head east towards Muirkirk.

A70 has enough heavy lorries from open cast running through the
village.
Transport Scotland and East Ayrshire Council Roads Division have
no objection to the use of these routes.

B 743 was never made to withstand the proposed lorry movements for
such a quarry.
Transport Scotland and East Ayrshire Council Roads Division have
no objection to the use of these routes subject to various road
improvements required by the Roads Division.

B743 is a local rural road.
The Environmental Statement indicates that the majority of
vehicles movements will take place on a short leg of the B743 and
the A70 Transport Scotland and East Ayrshire Council Roads
Division have no objection to the use of these routes.

B743 has not got priority treatment for winter gritting.
Transport Scotland and East Ayrshire Council Roads Division have
no objection to the use of these routes.

B743 has been closed due to winter damage previously.
Transport Scotland and East Ayrshire Council Roads Division have
no objection to the use of these routes.

Opencast coal has not been allowed to use the B743
The Environmental Statement indicates that the majority of
vehicles movements will take place on a short leg of the B743 and
the A70 Transport Scotland and East Ayrshire Council Roads
Division have no objection to the use of these routes.
4.
REPRESENTATIONS
4.1
In addition to the objections from Muirkirk and Cronberry Logan & Lugar
Community Councils 13 individuals objected to the application on exactly the
same grounds as the Muirkirk Community Council letter.
A response to these is detailed above at point 3.8.
4.2
One letter of support has been submitted which indicates that with the
news of redundancies in the coal industry I support any new projects like this in
the area. Hillhouse are a good company who will carry out the operation to the
correct rules and regulations.
The appellant indicates that the proposal would create five direct
jobs at the site and an additional 10 haulage jobs. Through the
process of compliance monitoring the Planning Authority would
ensure that, if approved, the development would be carried out in
accordance with the conditions and obligations’ set out in the
planning consent.
5.
ASSESSMENT AGAINST DEVELOPMENT PLAN
5.1
Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act
1997 require that planning applications be determined in accordance with the
development plan unless material considerations indicate otherwise. For the
purposes of assessing the proposed development, the development plan
comprises Ayrshire Joint Structure Plan and the Adopted East Ayrshire Local
Plan 2010(EALP).
Ayrshire Joint Structure Plan
Policy ENV 7 of the Ayrshire Joint Structure Plan relates to Natural
Heritage Designations it indicates that: The three Ayrshire Councils shall:
A
recognise international and national natural heritage designations and
the statutory protection afforded by them;
As indicated above the application site lies 500-600m south of the
southern boundary of the Muirkirk and North Lowther Uplands
Special Protection Area (SPA) and approximately 400m north of the
Airds Moss Special Area of Conservation (SAC) and, as required by
policy ENV 7 above, the local plan includes policies to protect
these designations. These policies are set out in full under EALP
2010 below.
ENV 13 of the Ayrshire Joint Structure Plan relates to aggregates and it
indicates that;
Proposals to extend the supply of land with planning consent for the winning
and working of aggregates shall accord with the provisions of the structure plan
at existing workings. Extraction at other locations will only be considered
acceptable:
A
if it can be clearly demonstrated there is a specific need for the mineral
within Ayrshire or where the resource is required to meet the needs of an
adjoining area which cannot be met more locally; and
Recent provisional assessments undertaken for the preparation of
the East Ayrshire Local Plan Main Issues Report which rolled
forward the Scottish Aggregates Survey 2005, showed that there is
a shortage of sand and gravel in Ayrshire in the short term and in
the wider Glasgow conurbation in the medium term. As the
appellant correctly points out in the supporting information,
planning authorities are required by Scottish Planning Policy to
ensure that there is a 10 year landbank of these minerals. As this
10 year landbank of minerals is not available in Ayrshire it is
considered that there is a specific need for sand and gravel in this
area and that the proposal adequately addresses this issue.
B
where the development proposal will have no significant adverse impact
on local communities or the environment.
The Environmental Statement indicates that there will be no
significant impact on local communities or the environment
subject to all proposed mitigation measures being implemented
appropriately. As indicated by SNH and RSPB above this scheme
is not acceptable unless said mitigation measures are
implemented monitored and adhered to. Therefore in order to
make this proposal acceptable various conditions and planning
obligations will require to be attached to any grant of planning
consent relating to various mitigation measures including Habitat
Management and Bird Monitoring Plans Technical Working
Groups, Community Liaison Groups and the provision of an
Ecological Clerk of Works and Compliance Monitoring.
ENV 14 of the Joint Ayrshire Structure Plan relating to the Locational
Criteria for Aggregates requires that; all applications for the winning and
working of aggregates shall be considered against the following criteria:
A
whether the proposals is the extension of an existing consent;
The proposals are not for the extension of an existing consent.
B
the availability of alternative supplies, including supplies from recycled
or secondary sources;
In their environmental statement the appellant states that other
secondary sources such as recycled materials can go some way to
reducing the overall levels of aggregate consumption but that they
do not substitute the requirement for high quality locally sourced
sand and gravel reserves. This is generally accepted especially
given the lack of a land bank for this specific type of aggregates.
C
the impact on the countryside, landscape character, visual amenity and
the natural and built environment;
A quarry by its very nature will have impacts on all of the above.
Assessing the significance of these impacts is key. It is clear from
the Environmental Statement and the response from SNH that
robust mitigation measures will be required to ensure that impacts
on the natural environment are minimised. In terms of visual
amenity, there will be a limited number of significant impacts on
visual amenity particularly from 3 stated viewpoints shown in the
Environmental Statement, one of which is a residential property.
However, in the context of the overall landscape character of the
wider area, it is considered that this is not sufficient to merit
refusal of the application as they do not outweigh the benefits of
the development.
D
the impact caused by noise, dust and the contamination of ground and
surface water;
The Environmental Statement concludes that subject to
appropriate mitigation no unacceptable impacts caused by dust,
noise and contamination of water will arise from the development
and the consultation responses from SEPA and Environmental
health concur with this view.
E
any adverse effect on communities within Ayrshire;
No communities will be directly adversely affected by the
development. An increase in HGV movements, the main area of
concern for communities such as Muirkirk, has been shown
through the Environmental Statement not to cause any material
impact on the road network. The Council’s Roads and
Transportation Division has not objected to the proposal in this
regard. The development is not visible from any of East Ayrshire’s
communities.
F
the extent of directly related community benefit derived, such as the
enhancement and creation of landscapes and habitats, and removal of
dereliction;
No dereliction will be removed as part of the development.
However, the Environmental Statement indicates that net benefits
for biodiversity will arise from the restoration scheme and
improvement works to the surrounding.
G
opportunities to maximise transport by rail and sea;
There are no opportunities to transport extracted materials by rail
or sea.
H
other inward investment opportunities in the area;
There are limited inward investment opportunities in this relatively
isolated location which could be impacted upon by the
development.
I
any cumulative impact of proposals in one area; and
The Environmental Statement considers this proposal in
cumulative terms with the existing surface coal mines and wind
farms/turbines in the area and takes into account the proposed
restoration dates of these mines. Given the recent demise of
Scottish Coal and Aardvark from the opencast coal industry, this
information is no longer current.
As has been identified in the Reports to the Council 8th of May
2013 & 19th September 2013 and the Planning Committee 29th
November 2013 & 12th December 2013 the sites at Dalfad,
Powharnal and the entire Spireslack Complex have ceased coaling
due to the demises of Scottish Coal. Given the lack of viable coal
reserves within these areas they are highly unlikely to recommence
coaling in the foreseeable future. Given the differential between the
restoration bond money available and the current restoration costs
of these sites it is unlikely that any significant restoration works to
the original approved scheme will take place to alter the current
position on these sites. Therefore in relation to the cumulative
visual and ecological impact of these workings it would be
appropriate to consider their current state as a semi-permanent
one in any assessment process.
In this regard, it is noted that views of the quarry from a distance
of1.1kmwould be seen only from short sections of the A70 and that
it cannot be viewed as in the same vista as any unrestored
opencast coal mine. It is therefore unlikely that it will be seen as a
continuation of the surface coal mining operations on that route.
As noted in the RSPB and SNH responses if appropriate mitigation
measures are implemented that proposed development will not
have a cumulative detrimental impact on the surrounding SPA or
SAC.
J
the extraction period.
The extraction period is relatively long at 12.5 -18.5 years. This is
based upon the resource present in the area and the regular, but
not excessive, demand for the mineral over this time period.
K
the suitability of restoration and aftercare proposals
The restoration proposals appear acceptable. However, the need to
ensure that the works are carried out appropriately and that all
mitigation measures are put in place is paramount. To that end the
requirement for a Ecological Clerk of Works, a Technical Working
Group and Compliance Monitoring are vital. Planning conditions
can be recommended to the DPEA Reporter addressing these
issues.
East Ayrshire Local Plan 2010
Policy SD1
The Council will, in line with the provisions of policy STRAT 1 of the Ayrshire
Joint Structure Plan and the Guiding Principles for Sustainable Development
detailed in Schedule 1 of that document, adhere to the principles of
sustainability in its consideration of all development proposals and will seek to
ensure that all new development contributes positively to the environmental
quality of the area. In this regard, the Council will ensure that all new
development does not have any unacceptable adverse impact on:
(i)
the character and appearance of the particular location in which it is
proposed;
The quarry is proposed in a relatively isolated rural location. There
will inevitably be impacts upon the rural area given the scale and
nature of the proposed development. However, the Environmental
Statement sets out mitigation measures for minimising such
impacts. In order to mitigate against visual impacts, it is proposed
to form a permanent screening platform and to plant trees which
will assist in screening the development from the most prominent
views into it.
(ii)
the environment and amenity of local communities and residents of the
area;
No communities would be directly detrimentally affected by the
development. An increase in HGV movements, the main area of
concern for communities such as Muirkirk has been shown
through the Environmental Statement not to cause any material
impact on the road network and the Council’s Roads and
Transportation Division have not objected to the proposal in this
regard. The development is not visible from any of East Ayrshire’s
communities. With regard to individual rural properties, the
Townhead of Greenock farm steading sits on the boundary of the
application site and the development will have an adverse impact
on views from the property and it will experience increased noise
levels. It should be noted that the owner of Townhead of Greenock
also owns the application site and has an agreement in place with
the developer. It is therefore unlikely that objections or complaints
will be received from this property.
(iii)
landscape character and quality; and
During the development phases, there will be adverse impacts on
the landscape character and quality of the area. In the overall
context of the wider rural area, however, this is not considered to
be of major significance. However, a high standard of restoration
agreed with relevant environmental bodies such as SNH and SEPA
will ensure that most of these impacts are temporary in nature.
(iv)
natural or built heritage resources;
As already stated, the application site is close to both a SPA and a
SAC therefore the mitigation measures proposed as part of the
development will ensure protection of these resources. With
regard to built heritage resources, the development will not impact
upon any listed buildings or any other built heritage designations.
Policy M2
When approving major development proposals, the Council will consider
whether it would be of benefit and desirable to plan for the removal of any
underlying minerals in advance of, or in tandem with, the development
proceeding. Any such mineral extraction operation would need to be
acceptable in planning terms, with particular regard to the local community.
There are no other underlying minerals which could be removed in
tandem with the sand and gravel.
Policy M3
The Council will not accept outline planning applications for minerals
developments and will require all applicants for minerals developments:
(i)
to provide full operational details of the proposal as an integral part of
any submitted planning application;
Full operational details of the proposal have been submitted.
(ii)
to demonstrate the need for the proposed development;
A need for the development has been demonstrated.
(iii) to submit formal Environmental Assessments in association with the
application, where these are required in terms of the Environmental Impact
Assessment Regulations;
A formal Environmental Statement has been submitted as part of
the planning application.
(iv)to lodge appropriate Restoration and Aftercare Guarantees
agreed by the Planning Authority;
to a value
The Appellant has indicated that they are a Member of the Mineral
Products Association (MPA)Restoration Guarantee Fund Ltd,
which provide indemnity to Planning Authorities in the case where
an operator has become insolvent and has, as a result failed to
comply with Restoration Conditions. This industry guarantee
provides an overall £1million fund per operator against which a
planning Authority can make a claim of up to £500,000 per site.
It is considered by the Planning Authority that this scheme is
inadequate to provide the security required for this vital mitigation
measure. The inadequacies of the scheme are that it can only be
realised in the event of the operator going into insolvency, total
payout against an operator across their business operations could
not more than be £1million thus if their liabilities exceeded that
total then not all claims would be settled in full. In addition to those
restrictions the scheme does not make any provisions to address
breaches of planning control. Therefore, it has been indicated by
the Planning Authority to the appellant that the use of the MPA
Restoration Guarantee would not be acceptable.
Being aware of the current challenges relating to Restoration
bonds following the demise of Scottish Coal and Aardvark, the
appellant has indicated in their appeal statement that they would
prefer to provide the Restoration and Aftercare guarantees through
the provision of a Performance Bond endorsed by their Bank.
Following discussions with the Planning Authority the appellant
has also indicated that if a Bank endorsed performance guarantee
was not acceptable to the Planning Authority then they would be
willing to provide a cash restoration fund held in an account
accessible by EAC to draw down in the event of restoration default
by applicant.
In relation to the Bank Guarantee, it is considered by the Planning
Authority that the provision of a Bank Guarantee secured against
assets of the appellant does not provide the appropriate level
accessibility or security to the provisions secured (i.e. money) to
fund the Restoration works.
In terms of accessibility to the secured funds, if as the result of a
planning enforcement notice following a breach of the Planning
Consent the Planning Authority were required to drawn on the
Bank Guarantee to fund the enforcement works, negotiations
would be required with the Bank to allow the release of the money
to carry enforcement works.
In relation to security of the Bank Guarantee, in the event of a
liquidation, the Planning Authority would become one of a number
of creditors in that liquidation, with no guarantee of receiving any
of the secured money promised by the Bank Guarantee.
Therefore it is considered that the Bank Guarantee security does
not provide the Planning Authority with the level of security or
accessibility which is vital to ensure this principle mitigation
measure is robust and fit for purpose
It is the Planning Authority’s preferred position that a financial
deposit by the developer in a ring fenced bank account, which can
be drawn upon by the Planning Authority in the event of an
unresolved enforcement issue. The money in the bank account will
equate to the liability value of the development as determined
through the ongoing independent compliance monitoring process.
(v) to upgrade, maintain and repair at their own expense, roads damage shown
to have been caused by vehicles serving their developments;
The appellant has agreed to make a contribution of £0.03 per tonne
of minerals extracted for the purpose of maintaining the local
roads that HGV’s will use. This should be included in the legal
agreement for the application.
(vi)
to strictly observe an appropriate separation distance between the
operative site and nearby settlements and dwellings;
With the exception of Townhead of Greenock Farm Steading, a
residential property lying immediately adjacent to the application
site boundary, there are appropriate separation distances between
the development and nearby settlements and dwellings. It should
be noted that the owner of Townhead of Greenock also owns the
application site and has an agreement in place with the developer.
(vii) to submit regular monitoring reports and annual ‘Mining Progress Plans’
and ‘Environmental Audits’ to the Council in respect of their proposals;
The appellant has agreed to submit quarterly Quarry Progress
Plans, an annual Environmental Audit, as well as funding
compliance monitoring. Planning conditions can be recommended
to the DPEA Reporter addressing these issues.
(viii) to establish Liaison Committees with local representatives, to act as a
forum through which relevant operational and associated issues can be
discussed and addressed; and
Planning conditions can be recommended to the DPEA Reporter
addressing these issues.
(ix)
rail.
to service the extraction site, if considered feasible and appropriate, by
It is not possible to service the site by rail.
Policy M4
Where an application for new mineral working, including the extension of
mineral working at existing sites, is considered acceptable in terms of Strategic
Policy M1 above, the Council will nevertheless ensure that the development:
(i)
has minimum adverse impact on the amenity of nearby residents and
the residents of properties located along agreed haulage routes to and from
the site;
With the exception of residential properties at Townhead of
Greenock steading, the impact of the development on local
residents will be minimal. Townhead of Greenock will, however,
due to its close proximity to the development site, experience
higher noise levels and increased visual impacts. However, the
owner of Townhead of Greenock also owns the application site and
has entered into an agreement with the prospective developer. It is
therefore unlikely that complaints or objections from this property
will arise. Notwithstanding this, the appellant is proposing to
install a permanent screening landform with a band of broadleaved
tree planting to reduce impacts from the B743.
(ii) has minimum adverse impact on the natural and built heritage, including
wildlife and other sites of nature conservation interest, historic gardens and
designed landscapes, the visual amenity and the landscape character of the
area;
Providing the planning conditions recommended in the report are
incorporated into any grant of Planning Consent by the DPEA
Reporter, the impacts of the development will be appropriately
mitigated.
(iii)
is operated to the highest possible standards;
In line with the recent decisions by the Council a planning
condition is proposed requiring the developer to finance
Compliance Monitoring throughout the life period of the
development site by the Planning Authority’s appointed
independent compliance monitor.
(iv)
achieves the highest possible standards of restoration and after-use
for the development site;
The progressive restoration scheme proposed is considered
generally acceptable.
(v)does not result in unacceptable cumulative impact caused by the
development, either concurrently or successively, in association with other
similar developments in the vicinity of the site;
The Environmental Statement considers this proposal in
cumulative terms with the existing surface coal mines and wind
farms and turbines in the area and takes into account the proposed
restoration dates of these mines. Given recent events in the coal
industry, this information is no longer completely accurate.
There are significant areas of current and former surface coal
mining in the local area, to the east of Muirkirk at Spireslack and
further west to the south of the A70. It is noted, however, that
views of the quarry would be seen only from short sections of the
A70. It is therefore unlikely that it will be seen as a continuation of
the surface coal mining operations on that route.
(vi)
generates direct community and environmental benefits to the area,
such as the enhancement and creation of landscapes and habitats and
removal of dereliction;
There are no areas of dereliction to remove at this location the
Environmental Statement states that through the restoration
proposed, there will be net biodiversity gains in the long term.
(vii)
employs acceptable and efficient methods for the transportation of
material, keeping volumes of traffic generated to a minimum and directing all
site generated traffic along agreed haulage routes; and
The proposed haulage routes have been agreed between with the
Council’s Roads and Transportation Division and the applicant.
The regulation of this issue can be addressed through appropriate
planning conditions and legal agreements.
(viii) has minimum adverse impact on existing alternative economic initiatives
and employment in the vicinity of the site e.g. tourism facilities etc
The quarry is visible from a short stretch of the popular River Ayr
Walkway. Whilst it would have been preferable to avoid this, in the
context of the total 44 mile length of the walkway, this is not
considered to be significant.
Policy M8
The Council, if mindful to grant planning permission for a minerals
development, will require developers to contribute to an appropriate fund which
will be used for the implementation of appropriate community projects.
Developer contributions will be sought by means of a Section 75 Agreement
between the appellant and the Planning Authority and will be set at a rate
appropriate to the particular type and size of the development proposed.
The appellant has indicated that they do not wish to contribute to a
Community Fund, therefore they fail to comply with Policy M8.
Policy T9
The Council will not be supportive of any developments which disrupt or
adversely impact on any existing or potential rights of way, bridle paths or
footpaths used by the general public for recreational or other purposes,
particularly where the route concerned forms, or has the potential to form, part
of the network of circular routes or footpath links between settlements, actively
promoted by the Council.
Where such disruption or adverse impact is demonstrated to be unavoidable,
the Council will require developers, as an integral part of the proposed
development, to provide for the appropriate diversion of the route in question
elsewhere within the development site or to put into place appropriate
measures to mitigate and overcome the adverse impact experienced.
Whilst a permanent screening landform with a band of broadleaved
tree planting will reduce visual impacts, the quarry will
nevertheless be visible from a short stretch of the popular River
Ayr Walkway. Whilst it would have been preferable to avoid this, in
the context of the total 44 mile length of the walkway, it is not
considered that this will have a significant detrimental impact.
Policy ENV13
The protection and enhancement of areas of nature conservation interest
within the Local Plan area will be achieved as follows:
(i)
development likely to have a significant effect on a Natura 2000 site will
be subject to an appropriate assessment. Where an assessment is unable to
conclude that a development will not adversely affect the integrity of the site,
development will only be permitted where:

there are no alternative solutions; and

there are imperative reasons of overriding public interest. These can
be of a social or economic nature except where the site has been
designated for a European priority habitat or species. Consent can
only be issued in such cases where the reasons for overriding public
interest relate to human health, public safety, beneficial
consequences of primary importance for the environment or other
reasons subject to the opinion of the European Commission, via
Scottish Ministers.
The application site lies in close proximity to the Muirkirk and
North Lowther Uplands Special Protection Area (SPA) and the
Airds Moss Special Area of Conservation (SAC), as indicated
previously the Environmental Statement demonstrates that
subject to the appropriate mitigation measures can be
delivered without detriment to interests of the surrounding
area.
(ii)
development that affects a Site of Special Scientific Interest will only
be permitted where an appraisal has demonstrated:

the objectives of the designated area and the overall integrity of the
area would not be compromised; or

any significant adverse effects on the qualities for which the area has
been designated are clearly outweighed by social or economic
benefits of national importance.
The areas covered by the European Designations of SPA and
SAC are also covered by the Muirkirk Uplands SSSI, a national
designation. As with (i) above, it is considered that the
Environmental Statement demonstrates that subject to the
appropriate mitigation measures can be delivered without
detriment to interests of the surrounding area.
(iii)
development likely to adversely affect local nature reserves and
provisional wildlife sites and Regionally Important Geological and
Geomorphological Sites (RIGS) (see Appendix 2) will be resisted and all sites
of recognised nature conservation value will be safeguarded whenever
possible. Where development is approved for such sites, the developer will be
required to carry out appropriate measures to conserve and manage, as far as
possible, the biological or geological interest of the areas concerned and to
provide for replacement habitats or features where damage is unavoidable;
and
This criterion is not applicable to this application.
(iv)
local nature reserves will be designated as considered appropriate after
full consultation with and agreement of all interested bodies;
This criterion is not applicable to this application.
The Council will also encourage and support:
(v)
in accord with Article 10 of the Habitats and Birds Directive and the
provisions of the Ayrshire Local Biodiversity Action Plan (LBAP), the
management, conservation, enhancement or restoration, as considered
appropriate, of existing landscape features which are of major importance for
wild fauna and flora, including linear features such as rivers and existing field
boundaries and other features such as ponds and small woods which are
essential for the migration, dispersal and exchange of wild species; and
(vi)
the improvement of public access to all sites of recognised international,
national or local natural heritage interest for the purposes of enjoying and
learning about the natural heritage of the area, subject to any new accesses
not damaging or adversely affecting the integrity of the sites concerned.
The proposed development as mitigated will, in the long term, have
a positive effect on the surrounding environment.
Policy ENV14
In circumstances where the impacts of a proposed development are uncertain,
but there are good scientific grounds for believing that significant, irreversible
damage could occur to natural heritage interests of international or national
significance, the Council will apply the precautionary principle to avoid such
damage occurring.
In all cases where a development is proposed within, or has the potential to
affect the integrity of, a statutorily designated nature conservation site of
international or national importance, the Council will formally consult and seek
advice from Scottish Natural Heritage on the proposal. The impact of each
development proposal will be assessed on its own merits against the particular
nature conservation interests of the site concerned.
As stated previously, this development has the potential to have a
significant effect on the qualifying interests of the nearby SPA
and SAC. As has been indicated if listed mitigation measures are
put in place then the development may be able to be acceptable. It
should therefore be ensured that all such measures are
requirements of any planning consent and that these are
monitored effectively through the independent compliance
monitoring regime and the Ecological Clerk of Works.
Policy ENV15
The Council will not be supportive of development which would cause
unacceptable and irreparable damage to important landscape features within
rural areas. In this regard, developers will be expected to conserve and
enhance, (and reinstate or replace where appropriate) those features which
contribute to the intrinsic landscape value and quality of the area concerned
and which are likely to be adversely affected by the particular development
proposed, including:
(i)
existing setting of settlements and buildings within the landscape;
(ii)
existing woodlands, shelter belts, hedgerows and trees;
(iii)
existing burns, rivers, lochs and other water features;
(iv)
existing field patterns and means of enclosure including dry stone
dykes, hedging and fencing;
(v)
existing Public Rights of Way, footpaths and bridleways; and
(vi)
existing skylines, landform and contours.
Development which results in the permanent loss of landscape features which
are not readily renewable and whose loss would be unacceptable in landscape
terms, will not be supported by the Council.
The site is largely devoid of any of the above landscape features.
The proposed restoration plan will result in the formation of a
water body at the western end of the site which will be 1.5m deep
while the central area of the site will be contain marshy grasslands.
Policy ENV16
The Council will not be supportive of development which would create
unacceptable visual intrusion or irreparable damage to the landscape character
of rural areas. In this regard, the Council will ensure, through the development
process, that:
(i)
any authorised development is in keeping with, has minimal visual
impact and reflects the nature and landscape character of the rural area in
which it is located, in terms of layout, materials used, design, size, scale, finish
and colour. The design and material finish of any ancillary features will also be
required to be sympathetic to the character and appearance of the area;
(ii)
any authorised development is sensitively sited, landscaped and
screened so as to blend into, respect and complement the landscape
characteristics of the particular area in which it is to be located; and
(iii)
the landscape setting of a particular area affected by a proposed
development is safeguarded from adverse or irreversible change by the use of
appropriate planning conditions, management agreements, preparation and
promotion of environmental improvement schemes, development and design
briefs etc.
With regard to policy ENV 16 above the development will have a
detrimental impact on certain views into the site. However, in the
overall context of the wider area this is not considered to be of
such significance as to merit refusal of the application. It is
considered that providing appropriate mitigation measures are
implemented that the site is acceptable in landscape terms.
Policy ENV17
In assessing development proposals relating to land within the rural area which
has not been identified as specific development opportunity sites on the local
plan maps, the Council shall ensure that these have minimum impact on the
rural environment.
There will be a general presumption against any
development which would:
(i)
cause the permanent and irreversible loss of prime quality agricultural
land (i.e. Classes 1, 2 and 3.1 in the Macaulay Land Classification System)
(see Appendix 3);
No prime quality agricultural land will be lost.
(ii)
have significant unacceptable adverse impact or cause irreparable
damage to built heritage resources requiring conservation or their settings
including listed buildings, conservation areas, historic gardens and designed
landscapes, scheduled ancient monuments, archaeological and industrial
archaeological sites;
It has been shown through the Environmental Statement that there
will be no such significant impacts.
(iii)
have significant unacceptable adverse impact or cause irreparable
damage to natural heritage resources requiring conservation and to existing
species and habitats;
As stated previously, the mitigation requirements of consultees
including SNH, RSPB and Ayrshire Rivers Trust must be
accommodated to ensure the proposal is acceptable.
(iv) have significant unacceptable adverse visual impact or cause irreparable
damage to the landscape character and scenic quality of the area within which
it is proposed;
Whilst the proposed development will have some adverse visual
impact and will change the existing landscape permanently, it is
considered that overall, the development will not cause significant
adverse visual impact nor will it cause irreparable damage to the
landscape.
(v)
adversely affect the quality of water resources, water catchment areas,
land drainage or flood protection interests or create water pollution problems;
The development will not adversely affect any of the above subject
to a Water Management Plan being properly implemented.
(vi)
result in the destruction of any areas of peat which are considered to be
of significant ecological value.
The proposed access road will result in the destruction of the only
area of deep peat that can be found on the site. An alternative route
for this access route was examined to avoid this loss however it
was found that the current location was the only point which
provided a safe access/egress onto the B743.
6.
ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
6.1
The principal material considerations relevant to the determination of
this application are Scottish Planning Policy, Reports to Council, Reports to the
Planning Committee, Planning Authority’s Compliance Monitor Report, the
impact on the amenity of the area, the letters of objection, the planning history,
the comments of the consultees and the Waste Management Regulations.
6.2
Scottish Planning Policy
Scottish Planning Policy is the key statement of the Scottish Government’s
planning policy position Paragraph 35 of the document it indicates:
“The aim is to achieve the right development in the right place. The
planning system should promote development that supports the move
towards a more economically, socially and environmentally sustainable
society. “
While at paragraph 33 it indicates that “Planning Authorities should take a
positive approach to development, recognising and responding to
economic and financial conditions in considering proposals that could
contribute to economic growth.”
Paragraph 45 states that “Planning Authorities should …. take a flexible
approach to ensure that changing circumstances can be accommodated
and new economic opportunities realised. Removing unnecessary
planning barriers to business development and providing scope for
expansion and growth is essential. The planning system should support
economic development in all areas”
Paragraph 225-227 demonstrate a support for the minerals industry and the
need to ensure that there is a 10year supply of minerals for the area.
6.3
Reports to the Council 8th of May 2013 & 19th September 2013and the
Planning Committee 29th November 2013 & 12th December 2013
The Reports to the Council and Planning Committee on the above dates
highlighted the ongoing issues relative to the opencast mining in East Ayrshire.
One of the findings of these Reports was the requirement for appropriately
qualified Independent Mining Engineers to be engaged by the Planning
Authority to assess mining and quarrying proposals. To that end, Ironside
Farrar have carried out an assessment of the proposal as detailed below.
Planning Authority’s Compliance Monitor
The Planning Authority’s Compliance monitor has assessed the proposal and
have no significant concerns from an engineering perspective of the proposals
and indicates that the Environmental Statement presents a reasonably good
identification of the impacts. However raise various issues many of which are
mirrored by the Consultees which require to be addressed through the
provision of planning conditions or legal obligations on such matters as Habitat
Management, Species monitoring,
Water Management Plan and the
formation of the reservoir.
Supporting statement by Applicant
As part of the lengthy submission made by the appellant, they indicate that the
proposals will generate and maintain 5 direct employment of 5 jobs at the
quarry and would support around 10 haulage positions with other indirect and
induced employment effects. These jobs will be maintained for the full
development extraction period of up to 18.5 years. They also indicate that a
significant proportion of Hillhouse employees reside within Ayrshire and this
would be maintained.
The appellant indicates that they understand the delay in the determination of
the application and that they have been patient and accommodating with EAC
though the extended period of determination however Hillhouse now require a
decision on the Planning application in order to secure supplies of sand and
gravel from the quarry, to ensure continuity of existing employment and to
proceed with much needed investment into the wider Ayrshire economy.
Impact on Amenity
As indicated in the Environmental Statement if unmitigated the proposed
development would be unacceptable due to various issues. However providing
all mitigation measures detailed in the Environmental statement, the
additional requirements of consultees are appropriately incorporated into a
Planning Permission, that the entire development is correctly monitored and
regulated then the quarry can be delivered and completed in a manner which
will not have a detriment to the local environment or the local communities. To
achieve this aim the following matters will require to be addressed by planning
conditions or Section 75 obligations in addition to the measures identified in the
Environmental Statement.
Required Planning Conditions:











The provision of a Technical Working Group.
The provision of a Community Liaison Committee.
The provision of a Ecological Clerk of Works, providing written
reports every 6 months and an Environmental Audit annually.
The provision of a Habitat Management and Bird Monitoring Plan
(HMBMP).
Schedule of Mitigation measures required by the Environmental
Statement.
Roads improvements, detailed above.
Provision of Quarry Progress Plans every three months.
Provision of Peat Management Plan.
Water Management Plan.
Electrofishing Survey carried out in years 1,2,3,8,13,and 18
Archaeological survey of site.




Noise mitigation, monitoring and reporting.
Dust mitigation, monitoring and reporting.
Light mitigation monitoring and reporting
Bird survey work.
Required Obligations under a section 75 legal agreement:




Payment for the Planning Authority’s Compliance Monitoring
regime.
Financial Contribution to the Roads improvements.
Financial Security for Restoration Liability. To take the form of
money to the value of the current liability as detailed by the
Compliance Monitor in the Annual Review. Said Monies to be
deposited in a ring fenced account available to the Planning
Authority to be called upon in the event of an unresolved
planning breach.
Commitment to provide 223.43ha of land for habitat
improvements and an undertaking to carry out said habitat
improvements.
Letters of Representation
6.4 The letters of objection to the proposal mainly relate to the impact of
vehicle movements to and from the site. As is noted in the EAC Roads
Consultation and the Trunk Roads response it is considered that subject to
certain improvements the road network is capable of accommodating the
additional vehicle movements. While it is acknowledged that these lorry
movements will have an impact on the amenity of the main streets of Muirkirk
or Lugar it is considered that said impact will not be significant given the
historic and current volumes and type of traffic movements through the village.
One letter of support has been submitted which supports any new projects like
this in the area. It has stated that Hillhouse are a good company who will carry
out the operation to the correct rules and regulations. The appellant has
indicated that the proposal would create five direct jobs at the site and an
additional 10 haulage jobs. Through the process of compliance monitoring the
Planning Authority would ensure that, if approved, the development would be
carried out in accordance with the conditions and obligations’ set out in the
planning consent.
Consultation responses
6.5 As indicated above the majority of consultees, with the exception of the
Community Council are supportive of the proposed development subject to
additional mitigation measures.
6.6 Relevant Planning history
There is no planning history for this development site.
6.7 Management of Extractive Waste
The Management of Waste from Extractive Industries (Scotland) Regulations
2010 require that all proposed mineral planning applications/decisions must
include a Waste Management Plan (WMP). At the Townhead of Greenock
Quarry there will be `Extractive Waste' produced in the form of soils excavated
in order to expose underlying sand and gravel, overburden between soil and
the economical sand and gravel and residues from the processing of sand and
gravel. All wastes are classified under the European Waste Catalogue List
Wastes and allocated Waste Codes. The waste at Townhead of Greenock
Quarry is classified as being natural in origin and inert. The proposals to
deposit the 'Extractive Waste' for backfill use is a European Union recognised
and safe method of handling natural, non-hazardous and inert waste. The
proposed Waste Management Plan therefore meets the criteria of The
Management of Waste from Extractive Industries (Scotland) Regulations 2010.
The submitted Waste Management Plan would form part of the approved
documents should the application be granted planning permission.
.
7.
FINANCIAL AND LEGAL IMPLICATIONS
7.1
The proposed development will require the appellant to enter into a
section 75 legal agreement undertaking the following obligations:




Payment for the Planning Authority’s Compliance Monitoring
regime.
Financial Contribution to the Roads improvements.
Financial Security for Restoration Liability. To take the form of
money to the value of the current ongoing liability as detailed
by the Compliance Monitor in the six month Review. Said
Monies to be deposited in a ring fenced account available to
the Planning Authority to be called upon in the event of a
unresolved planning breach. The Compliance Monitor’s
assessment of the scheme indicates that they consider the
maximum estimated liability would currently be in the region of
£320,000 which excludes drainage and the ongoing
maintenance/safety costs until appointment of a contractor
should the business operator go into liquidation,
Accordingly, the appellant will require to initially deposit this
sum of money, namely £320,000 with the Council which will be
reviewed by the Compliance Monitor against the finalised
drainage scheme and discharged Planning Conditions to
establish any additional associated liability cost with the
£320,000 increased to reflect the finalised design. In the event
that an amount equal to the additional associated liability cost
is required, the appellant will require to pay and make over this
sum to the Council in order to ensure that the monies held by
the Council relate to all restoration costs including drainage
and ongoing maintenance and safety costs. Thereafter, the
Compliance Monitor Review will be carried out every 6 months
to ensure that the sum held by the Council reflects the then

current financial liability for the restoration of the active site. In
the event that it does not, the appellant will require to pay and
make over an additional sum of money to reflect the financial
liability for restoration at that time;
Commitment to provide 223.43ha of land for habitat
improvements and an undertaking to carry out said habitat
improvements.
7.2
If the DPEA Reporter approves the planning application with the
recommendation from the Planning Authority that the only suitable financial
restoration guarantee is the provision of money in a separate ring-fenced bank
account, held out with the Council’s main day to day corporate banking
arrangements, there will be financial implications for the Council in terms of the
monitoring and administration of said account.
As detailed above the sum of money in the ring-fenced account could vary
depending on the then current financial liability of the active site as detailed
in the annual Compliance Monitor Review. In addition, it should be noted that
any monies in the account would be credited with any interest which may
accrue, depending on the interest rate applicable to the account during its
operation.
Said ring fenced monies to be used in the event of a breach of the planning
conditions or section 75 obligations relating to the restoration and aftercare of
the site or of the appellant going into liquidation, receivership or administration.
Following the successful conclusion of the development and the aftercare
period the remaining monies would be returned to the Appellant.
8.
CONCLUSIONS
8.1
Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act
1997 require that planning applications be determined in accordance with the
Development Plan unless material considerations indicate otherwise.
8.2
In relation to the Development Plan, it has been demonstrated in the
report there is a clear shortfall of sand and gravel in Ayrshire in the short term
and in the Glasgow conurbation in the medium terms. Therefore it is
considered that need for this new quarry has been justified and the
development complies with planning policy in this regard.
8.3
With regards to the operation, restoration and aftercare of the proposed
development it is considered that the scheme can be policy compliant if the
mitigations measures set out in the proposed planning conditions and section
75 legal obligation are attached to any grant of consent and appropriately
monitored thereafter through a compliance monitoring regime. However it is
noted that the scheme fails to comply with Policy M8 as the Appellant is
unwilling to contribute to a developer contribution fund
8.4
There are material considerations relative to this proposal and these are
generally supportive of the scheme subject to mitigation measures, with the
exception of the Community Councils who oppose the scheme principally due
to the transportation issues which it is considered are not of sufficient weight as
would merit the Planning Authority recommending refusal to the DPEA
Reporter.
9.
RECOMMENDATIONS
9.1
It is recommended that the Planning Committee are supportive of
the application subject to the DPEA Reporter attaching the planning
conditions detailed below to any grant of Planning Permission but, prior
to the issue of planning permission, it is recommended to the DPEA
Reporter that he withhold the issue of any decision notice until such time
as the Section 75 legal agreement outlined above in Section 7.1 is
concluded.
CONTRARY DECISION NOTE
Should the Committee agree that the Committee should object to the
application contrary to the recommendation of the Head of Planning and
Economic Development, the application would not require to be referred to the
Council as this would not constitute a significant breach of policy.
Alan Neish
Head of Planning and Economic Development
LIST OF BACKGROUND PAPERS
1.
2.
3.
4.
5
6
7
Application Forms/Plans/ Reports.
Statutory Letters/Certificates.
Application
East Ayrshire Coal Subject Plan 2003.
Reports to the Council 8th of May 2013 & 19th September 2013
Reports to Planning Committee 29th November 2013 & 12th December
2013
Ironside Farrar Report January 2014
Anyone wishing to inspect the above papers please contact Craig Iles, Energy
Team Leader, on 01563 554606.
Implementation Officer, David McDowall Operations Manager Building
Standards and Development Management
TP24
East Ayrshire Council
TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997
Application No:12/0831/PP
Location
Land Adjacent Townhead Of Greenock Muirkirk East
Ayrshire
Nature of Proposal:
Phased extraction of sand and gravel including
establishment and operation of associated processing
plant, access road and ancillary site infrastructure.
Name and Address of
Applicant:
Hillhouse Quarry Group Ltd
C/o Agent
Name and Address of Agent
Neill Collar
15 Atholl Crescent
EDINBURGH
EH3 8HA
Officer’s Ref: Craig Iles
01563 554606
1.
The extraction of sand and gravel shall proceed only in accordance
with the submitted details of phasing, direction and depth of working as shown
in the Planning & Environmental Statement document and submitted plans and
no deviations from these details shall be permitted unless agreed in writing
with the Planning Authority.
REASON: In order to retain proper control of the development and to ensure
the satisfactory restoration of the workings.
2.
The mineral extraction hereby approved shall be carried out for a
maximum period of 18.5 years starting from the date that development
commences on site.
REASON: The anticipated maximum operational life of the quarry is 18.5 years
3.
There shall be no ground breaking works carried out within the
application site until such time as the funds relative to the first year’s
restoration liability for the development have been deposited in the ring-fenced
Council Bank account. Thereafter the level of funding in the ring-fenced
account shall equate to the restoration value set out in the Compliance
Monitor’s six monthly report ,which at any time during the operation of the site
will enable full restoration and planting to be carried out at that time in
accordance with approved restoration and landscaping plans.
REASON: In order to ensure that there is a fully guaranteed system of funding
the restoration programme in the event that the operator of the site for any
reason is unable to complete its restoration obligations for the site.
4.
Prior the commencement of the development a schedule of the
mitigation measures specified in the Planning & Environmental Statement
document and submitted plans required to mitigate against the impact of the
proposal shall be prepared and submitted to the Planning Authority for written
approval with clear a timetable of implementation.
REASON: In the interests of protecting the ecological heritage
5.
Prior to development commencing the developer shall secure the
implementation of a programme of archaeological work in accordance with a
detailed written scheme of investigation which has been submitted by the
developer and approved in writing by this Planning Authority.
REASON: In order to safeguard the archaeological heritage of the site and to
ensure that the developer provides for an adequate opportunity to investigate,
record and rescue archaeological remains on the site.
6.
No material other than sand and gravel shall be exported from the
site and no materials shall be imported into the site unless otherwise approved
in writing by the Planning Authority and subject to any licensing provisions
required by SEPA.
REASON: To ensure the site is worked in a satisfactory manner and to afford
the Planning Authority adequate control over extraction, processes and
restoration on the site.
7.
The site operator shall maintain a log of heavy goods vehicle trips
into and out of the site and this shall be made available to the Planning
Authority on a three monthly basis, unless otherwise requested to provide
information on a more frequent basis.
REASON: To enable the Planning Authority to monitor the frequency of vehicle
movements to and from the site.
8.
The operator shall at all times be responsible for the removal of mud or
other materials deposited on the public road by vehicles entering or leaving the
site and road cleaning shall be carried out regularly to ensure that any residual
site material that may be deposited on the B743 is removed as quickly as
possible.
REASON:In the interests of road safety and protection of local amenity.
9.
A scheme for protecting private water supply both in terms of
sufficiency and quality shall be submitted to and approved in writing by the
Planning Authority before any work commences on site.
REASON: To provide the Planning Authority with assurance that measures are
in place to ensure the continuity of a satisfactory supply of potable water to
local residents and businesses.
10.
In the event that any property in the area suffers from an interruption
to its water supply or there are qualitative or quantitative problems with the
supply attributable to operations at the Townhead of Greenock quarry then the
appellant or site operator shall make good that water supply by whatever
means are agreeable to Council’s Environmental Health officer, and those
details shall be agreed in writing with the Planning Authority.
REASON: In order to ensure the continuity of a satisfactory supply of potable
water to local residents and businesses.
11.
The regular monitoring of water quality and flow rates shall be
carried out during operations to ensure that there will be no detrimental impact
upon groundwater and surface water quality in the long-term.
REASON:To protect the quality of the water environment.
12.
Prior to the commencement of development the final Peat Management
Plan (PMP) will be submitted to and agreed in writing by the Planning
Authority, SEPA and SNH and will include detailed method statements for the
extraction, handling, temporary storage and restoration of peat Peat
management will follow SEPA guidance and in particular the Guidance on the
assessment of peat volumes, reuse of excavated peat and minimisation of
waste.
REASON: In order that the Planning Authority in consultation with statutory
consultees might assess the proposals for handling and restoring peat on site.
13.
A Peat Specialist will be appointed to oversee the peat handling, site
restoration and monitoring activities at the site for the duration of these
activities, and the appointed person will report any issues arising to SEPA and
the Planning Authority on a regular basis to be agreed with the Planning
Authority.
REASON: To ensure that the handling and restoration of peat is carried out in
accordance with the PMP.
14.
Prior to the commencement of the development a finalised
Restoration Plan and a five year aftercare scheme shall be submitted for the
written approval of the Council as Planning Authority. The restoration plan and
aftercare scheme shall specify the steps to be taken, the period during which
they are to be taken, and who will be responsible for taking those steps to bring
the land to the required standard. The restoration and aftercare of the site shall
be undertaken in accordance to the approved restoration and aftercare
scheme, unless otherwise approved in writing by the Council as Planning
Authority.
REASON: To ensure that the restoration works are properly established.
15.
All plant and machinery shall operate only during the permitted hours
of operation and shall, at all times, be silenced in accordance with the
manufacturer's recommendations and so operated as to minimise noisy
emissions. The Planning Authority reserves the right to insist on additional
measures to minimise noise emissions at the site should it prove expedient to
do so.
REASON: In the interests of protecting the local bird population.
16.
Any subsoil uncovered during the course of extraction shall be kept
separate from topsoil and stored separately, as necessary, for replacement
below topsoil at the next convenient restoration.
REASON: In the interests of protecting the local population.
17.
A noise management scheme shall be submitted to the planning
authority for approval prior to any excavation of soils or overburden taking
place on site. The scheme shall include provision for monthly monitoring
reports to be submitted to the planning authority and shall specify the duration
and establish specific times and locations for monitoring throughout each
operational phase.
REASON: In the interests of protecting residential amenity and reducing the
impact of the scheme on the local bird population.
18 Except during the formation and removal of baffle mounds and the stripping
and replacement of soils the noise limit during (7:00 to 19:00hrs) shall not
exceed 45dB(A)Laeq, 1hr at noise sensitive properties. During the formation
and removal of baffle mounds and the stripping and replacement of soils , the
noise limit shall not exceed 70dbLaeq , 1h at noise sensitive properties with
such works only taking place during daylight hours.
REASON: In the Interest of residential amenity.
19. Prior to development commencing all occupiers of dwellinghouses within
1km of the boundary of the extraction area and the relevant Community
Councils ieMuirkirk and Lugar Logan and Cronberry shall receive printed
information relating to the proposals approved. The information shall include
details of the duration of work, an indication of the direction of working across
the site, height of soil mounds, screening of site, a contact name and
telephone number to deal with any complaints or emergencies arising,
operational hours of the site, lorry routing. An example of the information shall
be submitted for the written approval of the planning authority along with
details of the dwellinghouses on which notice will be served.
REASON: In the interests of safeguarding residential amenity.
20.
Prior to the 31st August of each year of operations at the site, until
completion of the aftercare period, the operator shall submit an environmental
audit from a suitably qualified person to the planning authority setting out the
operations that have been carried out in the previous 12 months, indicating the
effects of the development on the environment, including noise, dust and water
monitoring and the measures taken to implement the restoration and aftercare
provisions and the intended operations for the next 12 months. The
environmental audit must specify the degree of compliance with the
environmental conditions and obligations relative to this planning consent and,
thereafter, specify if remedial measures are necessary in order to safeguard
the environment of the site and the surrounding area. The operator shall carry
out any remedial measures specified as necessary in the environmental audit
within such timescale as may be specified by the Planning Authority.
REASON: To monitor the impact of the site on its local environment and on
neighbouring land uses
21.
Prior to development commencing within any part of the extension area,
hereby approved, a scheme for the monitoring of dust, including the location
of monitoring points and equipment used, shall be submitted in writing for the
approval of the Planning Authority. Thereafter, the scheme as approved shall
be fully operational prior to the commencement of any work on site and a
record of dust emissions shall be kept and submitted to the Planning Authority
every 4 weeks in arrears.
REASON: To ensure the development does not have a detrimental impact on
the surrounding bird population.
22. Prior to the commencement of the development, a detailed Lighting
scheme shall be submitted to the Planning Authority, said scheme shall
include the lux levels anticipated at the site boundary as well as a details of a
monitoring regime.
REASON: To ensure the development does not have a detrimental impact on
the surrounding wildlife habitat.
23. Prior to Commencement of Development the Developer shall appoint and
pay for a full time independent and suitably qualified Environmental Clerk of
Works (ECoW) acceptable to the Planning Authority in consultation with SNH
and the SEPA. The ECoW shall be appointed for the duration of quarry’s
operation, restoration and aftercare period.
The ECoW shall, by the terms of the appointment:
(1)
monitor compliance with all quarry works, including the ecological
and hydrological aspects of the development; and
(2)
report promptly to the planning authority and any non-compliance
with the hydrological or ecological aspects of the Planning
permission;
The ECoW shall have the power to stop any quarry or restoration
activity which in his or her view could result in significant effects on the
environment, and shall without delay report the stoppage, with reasons,
to the Operator, the Planning Authority, SNH and SEPA.
REASON: To avoid or mitigate potential impacts on the environment.
24.
Prior to Commencement of Development the Developer shall submit a
Habitat Management and Bird Monitoring Plan (HMBMP) Environmental
Management Plan (EMP) and a Species and Habitats Protection Plan
(SHPP) for the duration of the consent for the written approval of the Planning
Authority in consultation with SNH. The HMBMP, EMP and SHPP shall include
measures for:
(1)
restoration of compensatory habitat;
(2)
monitoring protocols for protected species and birds;
(3)
management and mitigation of habitats and species present on
site and compensation habitat for the duration of the consent;
and
(4)
a procedure for monitoring and reporting on implementation and
for amending the approved measures, to include:
(i)
the methods, frequency and duration of ecological
monitoring over the operational and aftercare phase of the
quarry ; and
(ii)
the submission of monitoring results to the Planning
Authority on a 6 monthly basis or on request.
Thereafter the measures shall be implemented in accordance with the
approved Plans.
REASON: to protect and enhance local nature conservation interests in the
longer term.
25.
Prior to Commencement of Development the Operator shall submit
details of pre-construction protected mammal surveys covering all
areas within 100 metres of any element of the development to the
Planning Authority in consultation with SNH.
REASON:To ensure the protection of protected species.
26.
Prior to Commencement of Development the Operator shall submit
details of a Water Management Plan incorporating a method statement for
working near to water bodies, including the installation of burn crossings, for
the written approval of the Planning Authorities in consultation with SEPA and
SNH. The approved method statement shall be implemented by the Developer
and shall be supervised by the ECoW.
REASON: To ensure protection of the water environment.
27.
Other than as authorised by the ECoW following investigation that no
nesting is taking place, all vegetation clearance shall be undertaken out with
the bird nesting season, which is effective on an annual basis beginning in late
March and concluding in early July.
Reason: To safeguard the local bird population
28
Prior to the commencement of quarrying activity on the site, the access
to/from the site off the B743 Sorn to Muirkirk Road will require visibility
sightlines splays of 4.5m by 215m with no obstructions greater than 1m in
height within the splay areas. Said visibility sightline splays shall be
maintained for the lifetime of the development to the satisfaction of the
Planning Authority
REASON: In the interest of road safety
29 Prior to the commencement of quarrying on the site the access to/from the
B743 will require to be formed in accordance with the details shown on SLR
drawing 10-1. The access must be kerbed with 15m radii on either side of the
access and also kerbed on the opposite side of the B743 for a minimum length
of 25m to either side of the access centre line. Said proposals shall take
account of drainage requirements to prevent ponding and water discharging
from the site onto the road in this locality. Said junction shall be maintained for
the lifetime of the development to the satisfaction of the Planning Authority
REASON: In the interest of road safety
30 Prior to the commencement of quarrying on the site a 40mm HRA
structural overlay must be provided on the B743 at the access point over the
full width of the road for the kerbed length of 50m. Said structural layer shall
be maintained for the lifetime of the development to the satisfaction of the
Planning Authority
REASON: In the interest of road safety
31 Prior to the commencement of quarrying theinternal road access must be
constructed to the Industrial standard as set out by EAC roads Guidelines for a
distance of 20m from the nearside edge of the B743. Said road shall be
maintained for the lifetime of the development to the satisfaction of the
Planning Authority
REASON: In the interest of road safety
32. The proposed development shall be carried out in accordance with the
Council’s Minerals Transportation Protocol.
REASON: In the interest of road safety
33. Prior to the operation of the quarry a wheelwash shall be installed on the
internal access road into the site. Said wheelwash shall be maintained and in
an effective condition during the construction and operation of the site to the
satisfaction of the Planning Authority
REASON: To ensure that no mud is deposited onto the public highway in the
interest of road safety
34. Prior to the operation of the Quarry junction warning signs shall be
erected on the A70 at either side of the approach to the B743 junction to the
satisfaction of the Planning Authority
REASON: In the interest of road safety
35. Prior to the commencement of quarry operations 100m length of the A70
westbound carriageway on approach to the B743 junction shall be overlaid with
high friction (anti skid) road surface materialto the satisfaction of the
Planning Authority
REASON: In the interest of road safety
36. Prior to the commencement of the development details of the landscape
buffer on the southern boundary shall be agreed in writing with the Planning
Authority.
REASON: In the interest of Visual amenity.
37 Prior to the commencement of the quarrying activity the approved
landscape buffer along the southern boundary of the development shall
planted and maintained to the satisfaction of the Council thereafter.
REASON: In the Interest of Visual amenity.
38 All demolition of structures, vegetation clearance, tree and forest felling
and soil stripping shall be carried outwith the bird breeding season (March
to July inclusive). Where this is not possible, surveys for nesting birds shall be
carried out and suitable mitigation measures put in place, as approved by the
Planning Authority in consultation with the Townhead of Greenock Technical
Working Group.
REASON: In the interests of environmental protection.
39. Prior to the Commencement of the development details of any new fences
shall be submitted to and approved by the Planning Authority. Said fences
shall be marked to minimise collision risk to Black Grouse.
REASON: In the interests of safeguarding the local bird population.
40. No operations shall take place between 1hour before and 2 hours after
sunrise and 1hour before and 1 hour after sunset between mid- March to mid
–May. Prior to the February of each year the operator shall submit to and
have written approval from the Planning Authority confirming the appropriate
non- operational time periods.
REASON: To prevent disturbance to Lekking Black Grouse.
41. An Electro- fishing survey shall be carried out in the River Ayr, in the
locality of the quarry in the 1st, 2nd ,3rd , 8th,13th, and 18th years of the operation
of the Quarry. A report of the findings of the survey shall be submitted to the
Planning Authority each year..
REASON: In the interest ofsafeguarding the local fish population.
42. Except in the case of emergency and with the prior agreement of the
Planning Authority, the hours of operation for the quarry site shall be confined
between 07:00 and 18:00 hours Mondays through Friday. And 07:00-12:00
Saturday. No works shall take place out with these hours or on Sundays or
recognised Public Holidays with the exception of essential site maintenance
works.
REASON: In the interest of residential amenity.
43. Prior to the commencement of the Development a Technical Working
Group shall be established, in line with the Planning Authority’s protocol of
Technical Working Groups. Said Technical Working Group shall be held twice
year, or at a frequency agreed by the Planning Authority if required.
REASON: To ensure the development is delivered in accordance with the
approved development
44. Prior to the commencement of the Development a Community Liaison
Group shall be established, in line with the Planning Authority’s protocol
Community Liaison Groups. Said Community Liaison Group shall be held twice
a year, or at a frequency agreed by the Planning Authority if required.
REASON: To ensure the development is delivered in accordance with the
approved development
45.
Prior to the commencement of the development details shall be
provided to the Planning Authority relating to the formation of the final
water body. Said details should include the following:


confirm the volume of water to be in the proposed site lagoons;
confirm the volume that could be held in the lagoons (i.e. the maximum
potential volume);
 clearly illustrate the control structures on the lagoons (including outlet
channels);
 details of the control structures (nature, dimensions, etc.);
 describe the nature and suitability of retaining structures,
embankments, etc.
 Details of the long term maintenance of the water body
No development shall commence on site until design details are approved by
the Planning Authority in conjunction with SEPA.
REASON: To ensure that the proposed water body is constructed and
maintained in a safe and environmentally appropriate manner.