EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 22nd MAY 2015
15/0221/AMCPP: DISCHARGE OF CONDITION NO.37
OF PLANNING CONSENT 03/1135/FL AT
TINCORN HILL QUARRY
SORN, EAST AYRSHIRE
BY QUARRYPLAN LTD
Report by Head of Planning and Economic Development
Click for Application Details: http://eplanning.eastayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=NLRJDVGF01B00
EXECUTIVE SUMMARY SHEET
PURPOSE OF REPORT
1
The purpose of this report is to present for determination a planning application for
consideration by the Planning Committee as the application relates to the restoration of the
Tincornhill Quarry site. The proposals are not considered to be significantly contrary as the
proposals generally accord with the Development Plan.
RECOMMENDATION
2
It is recommended that the submission of details pursuant to Condition 37 of Planning
Permission 03/1135/FL be approved subject to the conditions and that the restoration
proposals be reviewed on an annual basis in line with the requirements of condition 37
of the Planning Permission 03/1135/FL.
3.
It is recommended that the Section 75 legal agreement of planning permission
03/1135/FL be revised to incorporate both; mechanisms through which the restoration
guarantee is calculated, reviewed , monitored and funding provided by the operator;
and the incorporation of the financing of the compliance monitoring of the site by the
operator.
4
CONTRARY DECISION NOTE
Should the Committee agree that the application be refused 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.
Michael Keane
Head of Planning and Economic Development
Note: This document combine’s 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: 22nd MAY 2015
15/0221/AMCPP: DISCHARGE OF CONDITION NO.37
OF PLANNING CONSENT 03/1135/FL AT
TINCORN HILL QUARRY
SORN, EAST AYRSHIRE
BY QUARRYPLAN LTD
Report by the Head of Planning and Economic Development
PURPOSE OF REPORT
1.
The purpose of this report is to present for determination a planning application for
consideration by the Planning Committee as the application relates to the restoration of the
Tincornhill Quarry site. The proposals are not considered to be significantly contrary as the
proposals generally accord with the Development Plan.
APPLICATION DETAILS
2.
Background / Site Description: Tincornhill Quarry lies approximately 5 kilometres north east
of the village of Sorn off the north side of the B743 Sorn - Muirkirk Road. The quarry lies on
the south facing slope of Tincornhill itself and is accessed via the existing quarry access road
leading from the B743 road.
3.
The original Tincornhill Quarry was granted permission by Ayr County Council in 1951.
Permission 03/1135/FL covers the whole of the existing quarry and supersedes permissions
CD/91/27/Q, CD/91/28, 02/0890/FL and 02/0889/FL which were time limited to January 2007.
Barr Limited were granted planning permission (Planning Application Ref No. 03/1135/FL) on
28th September 2007 for an extension to Tincornhill Quarry. Planning permission (03/1135/FL)
incorporated a Section 75 Agreement between Barr Limited, East Ayrshire Council (EAC) and
Sorn Estate and was limited to a period of 15 years from the date of commencement.
4.
Under the provisions of Planning Permission 03/1135/FL (application to extend the extraction
area), the operators requested a period of operation for 30 years. The extension was permitted,
with a reduced time period being 15 years instead of the requested 30 years. As such, the
approved restoration plan which was designed for a site being completed in 30 years, is at
odds with the 15 years permission and could not be achieved. This application seeks to
regularise the situation with the submission of a revised restoration scheme in line with the 15
year permission as set out under Planning Permission 03/1135/FL.
5.
Proposed Development: This application is for the approval of the restoration scheme
submitted under Condition 37 of Planning Permission 03/1135/FL. Condition 37 stated:
Within 12 months of the date of commencement of operations within the extended quarry, the
applicant shall submit to, and have approved by the Planning Authority, a restoration master
plan for the Sorn Quarry and shall provide details of a 5-year aftercare management
programme. The restoration master plan shall thereafter be reviewed on an annual basis, in
light of the on-going quarry operations on site.
6.
The applicant has provided a restoration scheme which demonstrates that final faces being left
at 50o degrees to the northern, eastern and western faces. The southern face would be
retained at 70o degrees and will degrade to form a natural repose over a period of time. The
site will be soft landscaped utilising topsoil’s stored on site, and include two surface water
ponds within the south western area of the site. Woodland planting would boarder the base of
the quarry faces, with a wet meadow mix forming the majority of coverage across the existing
quarry floor area, an acidic grass mix used on graded area and a mixture of native wood wet
mix and wet meadow mix used adjacent to the proposed pond areas. The quarry extraction
area would have 1.2m high stockproof fencing along the top edges of the faces to prevent
access to the quarry from these elevated positions.
7.
Access into the site would be retained via the existing vehicular route albeit with the removal
of the site offices, wheelwash, storage containers and other associated equipment.
8.
Site Levels and Landscaping
As part of the restoration scheme, the applicant has detailed that the site would range between
the following approximate levels:
9.
-
Height of North Face – 280m AOD
-
Height of East Face - 286m AOD
-
Height of South Face – 270m AOD
-
Height of West Face – 278m AOD
-
Level of quarry floor (at restoration level) – 266 m AOD
In addition to the levels, the applicant has advised that two water bodies would be retained on
site as part of the overall restoration scheme. The waterbodies would be located in the south
western section of the site, with an approximate depth of 2m.
CONSULTATIONS AND ISSUES RAISED
10.
Dalgleish Associates LTD (DAL) (The Council’s Independent Compliance Assessors) - The
Quarryplan restoration proposal states that whilst blasted faces (northern, eastern and western)
are stable at 70 degrees, the southern faces will only be stable with a 50 degree angle but this
may now be difficult to achieve with a drilling rig the applicant proposes to leave it at 70 degrees
and create a crest bund and rock trap and then let it break back naturally over time. Whilst less
straight forward than normal blasting DAL is of the opinion that the desired reinstatement profile
(50 degrees), or similar, could be reasonably achieved. As the submitted proposal would leave
an uncertainty over the condition of these faces over a long period of time, which could extend
for many decades, from a health and safety perspective, DAL would recommend that these
southern faces are made stable at the cessation of quarry operations.
11.
With the exception of the issues raised with respect to the profile of the southern quarry face
and costing with respect to the placement of an overburden layer under the tree planting areas
and the removal of infrastructure, the hard landscaping proposals are considered to be
acceptable.
12.
A report has been produced by the applicant providing planting specification and costing
estimates for planting along with aftercare proposals. The main report is dated February 2015,
Section 3 of this report being updated by a further report dated April 2015. This report is
supplemented by Figure 1.2 ‐ Restoration Proposal. The report provides full detail in terms of
ground cover, species mix and density and aftercare. The proposals and costings identified
within the report are considered to be acceptable.
13.
Barr has submitted costings in relation to both hard and soft landscaping and aftercare, the total
estimated cost, including a 5% contingency, being £175,483. There are aspects in relation to
quarry face remediation, overburden handling and removal of infrastructure that require to be
addressed and included within the overall restoration liability costing. Having regard to the
issues identified, subject to detailed quantification, it is our opinion that the restoration liability
is likely to be in the region of £210,000 to £220,000.
14.
The applicant has accepted this revised figure of the restoration guarantee requirement
reviewed by DAL and agreed to enhance the existing escrow account to match this
figure.
15.
With regards to the condition of the southern faces a condition can be attached to any
grant of consent requiring revised proposals for the southern edge of the quarry prior to
final restoration contouring.
16.
Royal Society For The Protection Of Birds (RSPB) – No response received at the time of writing
report.
17.
Scottish Environment Protection Agency (SEPA) - have reviewed the submitted restoration
master plans and are satisfied that the issues in relation to their interests have been adequately
addressed. Therefore they have no concerns regarding the discharge of condition 37 of
planning consent 03/1135/FL.
Noted.
18.
Scottish Natural Heritage (SNH) - The planned treatment of the faces and quarry floor will result
in the creation of a variety of interesting habitats. The plan is however silent on the long term
management of these habitats. In the absence of sustainable management it is likely that the
grass and heath habitats would become rank and revert to scrub. Consideration should be
given to the establishment of a grazing regime within the site which would address this issue.
The applicant has confirmed that the site would be utilised for a mixture of grazing and
agriculture which would ensure the establishment and retention of grass and heath
habitats though a managed process. The level of grazing has been detailed as being 1 2 sheep per hectare, which SNH have subsequently confirmed would be acceptable to
ensure the site would be managed effectively.
REPRESENTATIONS
19.
No public representations were received relating to this application.
ASSESSMENT AGAINST DEVELOPMENT PLAN
20.
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 the Ayrshire Joint Structure Plan 2007 and the East Ayrshire
Local Plan 2010.
Ayrshire Joint Structure Plan 2007
21.
The Structure Plan, adopted in 2007, establishes a framework that brings together the
aspirations of communities with those of business and industry, and the areas many supporting
agencies and organisations, to provide a strategic land use context to the year 2025, or now at
least until the adoption of The Local Development Plan (LDP).
22.
It should be noted that this is an existing site, wherein the application is to provide restoration
of the site in line with the permitted timescales as approved under Planning Permission
03/1135/FL. The policies of the Ayrshire Joint Local Plan and the East Ayrshire Local Plan
primarily deal with new development sites rather than existing sites. However for the purposes
of this report, the ethos of the policies remains relevant and shall be considered accordingly.
For the application site, the development plan consists of the both the Ayrshire Joint Structure
Plan and the East Ayrshire Local Plan. Policies ENV13 and ENV14 of the Structure Plan are
reflected in those of the local plan and provide a framework for considering proposals for
aggregate sites. The basis on which proposals are to be assessed is set out on Policy ENV13
while the criteria for assessing the impact of individual proposals are set out in Policy ENV14.
23.
ENV13 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. Whilst this proposal
relates to the restoration of an aggregates site, rather than the establishment of a new or
extended site, it is considered that the principles and ethos of this policy is applicable. ENV13
(b) states that proposals would only be acceptable where the development proposal will have
no significant adverse impact on local communities or the environment.
24.
It is considered that the revised restoration scheme will have no significant impact on
local communities or the environment. It is noted that the impact of the quarry
development was considered as part of the 2003 application and the consent contains
various conditions which address amenity issues such as noise, dust hours of
operations, etc.
25.
ENV14(K) 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 on:
(c) The impact on the countryside, landscape character, visual amenity and the natural and
built environment;
It is noted that the impact of the quarry development was considered as part of the 2003
application and that SNH and SEPA have raised no objections to the restoration
proposals. In terms of visual amenity, there will be a limited number of detrimental visual
impacts and 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 revised restoration scheme.
The impact caused by noise, dust and the contamination of ground and surface water;
It is considered that there will be no unacceptable impacts caused by dust, noise and
contamination of water as a result of the restoration proposal. SEPA have raised no
objections.
(c)
Any adverse effect on communities within Ayrshire;
No communities would be adversely affected by the restoration proposal as whilst there
are several residential dwellings within 2km of the site, the site is not visible from any
of East Ayrshire’s communities. The restoration of the site would result in a change of
the original landform, however whilst the faces of the quarry walls would be evident, the
restoration proposal would ensure that the site is satisfactorily landscaped to enable
future uses of the site.
(c)
The extent of directly related community benefit derived, such as the enhancement and
creation of landscapes and habitats, and removal of dereliction;
This restoration scheme will ensure the restoration of the site after the quarry use of the
site has ceased creating an area for grazing and a habitat suitable for wildlife.
(h) Other inward investment opportunities in the area;
The site is located within a landscaped area wherein there are no views of the excavation
area, thus it is considered that it would not have a negative impact on the perception of
East Ayrshire by investors utilising this route.
(k) The suitability of restoration and aftercare proposals
The restoration proposal would ensure that the site is satisfactorily landscaped after
the extraction process has been completed and would be retained in aftercare for a
period of 5 years. This allows for monitoring of the site during this period and for an
assessment of the implemented restoration works to be undertaken to ensure its overall
success. The restoration scheme has been assessed and no objections have been
received from SNH, SEPA or from DAL. 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 Independent Compliance Monitoring is vital to ensure that the development
maintain compliance with its Planning Conditions and Obligations. The applicant has
agreed to incorporate the financing of the compliance monitoring into the revision of
the legal agreement for the site.
East Ayrshire Local Plan 2010
26.
Policy M2
(c) When approving development proposals, the Council will consider whether it would be of
benefit and desirable to plan for the removal of 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.
This proposal is for the restoration of an existing active quarry. There are no other
underlying minerals which could be removed in tandem with the restoration of this site.
27.
Policy ENV16
(d) 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 ENV16 above, the quarry is not visible from residential properties,
with limited views into the site from the surrounding area. The site is acceptable in
operational landscape terms as existing and therefore any restoration on this site would
not be visible in the wider landscape. There are views of the access route into the site
at the site entrance; however the restoration proposal would result in the removal of the
existing overburden mound and site offices, with the insertion of soft landscaping along
this route. There would be little discernible evidence of the existence of the quarry from
public vistas once the restoration has been completed.
The East Ayrshire Local Development Plan (EALDP)
28.
It should be noted that the emerging East Ayrshire Local Development Plan (EALDP) should
be taken into consideration with any forthcoming planning submission. At the Council meeting
on the 19th February 2015, it was agreed that the emerging Local Development Plan be treated
as a material consideration in the determination of planning applications. The Local
Development Plan is currently undergoing statutory advertisement and until this period closes
and responses are evaluated to establish where objections have been lodged, the Plan does
not deal with the extraction of minerals and therefore is a minimal material consideration in this
application.
ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
29.
The principle material consideration relevant to the determination of this application are the
Scottish Planning Policy, Planning Guidance, impact on the amenity of the area, letters of
representation from consultees, Reports to Council dated 24th May 2013, 19th September 2013,
28th January 2015 and 24th April 2015, the Report to Cabinet on 21st May 2014 on
decommissioning, restoration, aftercare and mitigation financial guarantees, Report by the
Compliance Monitor and the planning history.
30.
Scottish Planning Policy (SPP) – SPP is the key statement of the Scottish Government’s
planning policy position. In relation to the promoting Responsible Extraction of Resources the
SPP indicates at paragraph 235 that the planning system should:
 Safeguard workable resources and ensure that an adequate and steady supply is
available to meet the needs of the construction, energy and other sectors;
 Minimise the impacts of extraction on local communities, the environment and the built
and natural heritage; and
 Secure the sustainable restoration of sites to beneficial after use after working has
ceased.
31.
The Scottish Government supports a properly regulated minerals industry and it is noted that
the Council’s Compliance Monitoring regime provides for the monitoring and regulation of
quarries as well as opencast and renewables projects, which would be continued with this site
32.
Planning Advice Notes – Planning Advice Notes (PANs) provide advice and information on
technical planning matters. Minerals specific national guidance pertinent to the application is
contained in Planning Advice Note 50: Controlling the Environmental Effects of Surface Mineral
Workings, 1996 (PAN 50), together with its Annex A, Annex B, Annex C and Annex D, which
deal with noise, dust, transport and blasting respectively. Planning guidance in relation to the
restoration of minerals sites is also contained in PAN 64: Reclamation of Surface Mineral
Workings, 2002 (PAN 64) and Scottish Government Guidance for the Management of
Extractive Waste is also contained within a Specific Advice Document.
33.
The restoration application has been assessed in regards to these Planning Advice
Notes and found to be compatible with the requirements of the documents. The
operations at the quarry are governed by the planning permission 03/1135/FL which has
conditions relating to the control, monitoring and mitigation, if required, of dust, noise,
blasting, hours of operation and transport issues.
Consultation responses
34.
The consultees recognise that this submitted scheme provided would result in a suitable means
of restoration for the site. No objections have been received.
Relevant Planning history
35.
36.
Of relevance to the determination of this application is the planning history of the site, which is
summarised as:
-
02/0889/FL – Proposed variation of Condition 2 of Planning Permission Ref. No.
CD/91/27Q to permit continued use of extension of existing quarry. Permitted 11.02.2010
-
02/0890/FL - Proposed variation of condition 2 of permission Ref. No. CD/91/28 to permit
continued use of access and plant area. Permitted 11.02.2010.
-
03/1135/FL – Proposed extension of the area for mineral extraction. Permitted 28.09.2007.
Limited to 15 years from the 30years applied for.
Reports to Council 19 September 2013 and 28 January 2014 and the Report to Cabinet
on 21 May 2014 on decommissioning, restoration, aftercare and mitigation financial
guarantees.
The above mentioned reports to Council and Cabinet collectively set out an approach for
the submission, agreement, implementation and monitoring of financial guarantees that are
required in respect of the restoration and aftercare of opencast Coal developments. The
principles of these reports are relevant to the determination of mineral applications.
37.
Review by Independent Assessor (Dalgleish Associates Ltd) on behalf of the Council.
In compliance with para 24 of the Cabinet Report on Decommissioning, Restoration,
Aftercare and Mitigation Financial Guarantees dated 21 May 2014 and in terms of financial
security for the restoration of the site the Planning Authority’s Compliance Monitoring
Officer (Dalgleish Associates Ltd) has carried out an assessment of the value of the
restoration and aftercare proposal.
This assessment has concluded that the total restoration and 5 year aftercare costs for the
development, as set out by the application, being £ 220,000 including a contingency sum
of 5% would be acceptable.
In line with the requirements of the Report to Council the Head Of Finance, Chief
Governance Officer and Depute Chief Executive (Economy and Skills) are content that the
value and type of restoration guarantee are acceptable having been independently
assessed.
Impact on Amenity
38.
The restoration scheme is considered to be acceptable as it meets both the needs of the land
owner and provides appropriate connectivity wildlife corridors without any detriment to the wider
community. Noise and dust associated with the restoration works would be monitored under
the existing site monitoring programme. Any noise created as a result of restoration works is
likely to be below the level produced by the operational quarry. It is anticipated that the
restoration works would be completed in a timeous fashion to ensure no long term impacts are
created as a direct consequence of the operation. The removal of the overburden mound and
the site offices on the access route into the quarry would ensure that the restoration works
return the site to a satisfactory level.
Community Plan
39.
The assessment of the proposal has regard to the main themes of The Community Plan with
regard to the environment and economy
FINANCIAL AND LEGAL IMPLICATIONS
40.
Barr Limited entered into a Section 75 Agreement with East Ayrshire Council in relation to
planning permission 03/1135/FL which permits the extension and continued operation of
Tincornhill Quarry, Sorn. A Security deposit of £100,000 was provided to East Ayrshire Council
in respect of any potential outstanding obligations or costs in respect of restoration and
aftercare works on the original consent. The security, currently stands at £172,194, which is £
48,000 short of the total costings of the restoration works for the site. The applicant has agreed
to increase the cash deposit to match the sum required.
41.
Given the original section 75 agreement limits the money in the restoration fund to £100,000
the legal agreement will require to be amended to address various matters. The matters which
require to be addressed in the revision of the legal agreement are; - the incorporation of the
financing of the compliance monitoring of the site by the applicant.; and the mechanism through
which the restoration guarantee is calculated, reviewed, monitored and funds provided.
CONCLUSIONS
42.
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. It is considered that the proposals are generally complaint
with the Policies of the Development Plan. As indicated in the report above, there are material
considerations relevant to this application however it is considered that these are supportive of
the proposal.
RECOMMENDATIONS
43.
It is recommended that the submission of details pursuant to Condition 37 of Planning
Permission 03/1135/FL be approved subject to the conditions and that the restoration
proposals be reviewed on an annual basis in line with the requirements of condition 37
of the 03/1135/FL.
44.
It is recommended that the Section 75 legal agreement of planning permission
03/1135/FL be revised to incorporate both; mechanisms through which the restoration
guarantee is calculated, reviewed , monitored and funding provided by the operator;
and the incorporation of the financing of the compliance monitoring of the site by the
operator.
CONTRARY DECISION NOTE
45.
Should the Committee agree that the application be refused 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.
Michael Keane
Head of Planning and Economic Development
14th May 2015
FV/MK
LIST OF BACKGROUND PAPERS
1.
2.
3.
4.
5.
Application Forms/Plans
Statutory Letters/Certificates
Consultations
Ayrshire Joint Structure Plan
Adopted East Ayrshire Local Plan
Anyone wishing to inspect the above papers please contact Graham Cann, Senior Planning
Officer 01563 553560
Implementation Officer: David McDowall, Operations Manager
TP24
East Ayrshire Council
TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997
Application No: 15/0221/AMCPP
Location
Tincorn Hill Quarry B743 From U79 Brocklar To U724 Garpel
Sorn East Ayrshire
Nature of Proposal:
Discharge of Condition No. 37 (Restoration Master Plan) of
Planning Consent No. 03/1135/FL
Name and Address of Applicant:
Quarryplan Ltd
6 Saintfield Road
Crossgar
Downpatrick
Co. Down
BT30 9HY
Name and Address of Agent
Officer’s Ref:
Graham Cann
01563 576020
Subject to [notification to the Scottish Ministers]
The above Appr of Matters Specified in Cond (PP) application should be
1.
Notwithstanding any information submitted with the application, full details showing a revised
restoration profile to the southern quarry face shall be submitted and approved in writing by the
Planning Authority. The revised details shall demonstrate the long term stability of the southern quarry
face to the satisfaction of the Planning Authority.
Reason: To ensure the long term stability of the southern quarry face in the interest of health and
safety.
2.
Notwithstanding information submitted with the application, revised soft landscaping details
for the land atop the southern quarry face, shall be submitted and approved in writing by the Planning
Authority. The revised landscaping plan shall provide full details of replacement tree planting and shall
include full specifications including planting locations, species, heights and densities.
Reason: In the interests of environmental protection and to ensure a high standard of site restoration.
3.
Within 6months of the cessation of quarrying at the site the revised details approved under
condition 1(southern quarry face stability) and Condition 2(landscaping) above shall be implemented
to the satisfaction of the Planning Authority.
Reason: In the interests of environmental protection and health and safety