Agenda Item
No.
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
2
TUESDAY 24 SEPTEMBER 2013 AT 10AM
ST ALBANS CITY & DISTRICT
WELWYN HATFIELD BOROUGH COUNCILS
APPLICATION FOR THE VARIATION OF CONDITION 8 OF PLANNING
PERMISSION 6/1430-10 TO AMEND THE HOURS OF OPERATIONS AT
HATFIELD QUARRY, OAKLANDS LANE, HERTFORDSHIRE, AL4 0HS
Report of the Chief Executive & Director of Environment
Author:
Chay Dempster
Local Member:
Maureen Cook
Tel: 01992 556211
Adjoining Members: Dreda Gordon
Malcolm Cowan
Geoff Churchard
1.
Purpose of report
1.1
To consider application 6/1509-13 for the variation of condition 8 of
planning permission 6/1430-10 to amend the hours of operations at
Hatfield Quarry, Oaklands Lane, Hertfordshire, AL4 0HS.
2.
Summary
2.1
This application seeks planning permission for the variation of
condition 8 (Hours of Operation) of planning permission 6/1430-10,
which restricts the permitted hours of operation to:
0700 - 1800 hours Monday to Friday
0700 – 1300 hours Saturday
2.2
The current application proposes to amend the hours of operation to:
0600 – 1800 hours Monday to Friday
0600 – 1300 hours Saturday
2.3
The application proposes to limit the scope of operations between
6am and 7am to access, sales and deliveries only.
2.4
The application does not propose to alter the rate of extraction or
change the overall vehicle movements. No extraction, transportation
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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or processing of sand or gravel would take place at the extraction
area or within the quarry complex before 7am.
2.5
The basis of the application is that Cemex has established the need
to supply construction sites with materials earlier in the morning for
projects that are starting earlier in response to tight timescales, and
to avoid traffic congestion.
2.6
The operation of the site between 6am and 7am would provide
greater flexibility to respond to demand. The extension to working
would enable deliveries to be made outside of peak times and thus
avoid contributing to traffic congestion.
2.7
The balance of the considerations is that the proposed extension of
operating hours for an additional hour in the morning between 6am
and 7am for access, sales and deliveries can take place without
significant adverse impact to residential amenity or harm the Green
Belt any more than the permitted operation.
2.8
Significant weight should be given to the benefits of mineral
extraction, including to the economy, in determining the application,
in accordance with national planning guidance (NPPF, paragraph
144).
3.
Recommendation
3.1
It is therefore recommended that the Chief Executive and Director of
Environment be authorised to grant planning permission subject to
the following conditions:
Conditions
1) time limit – three years
2) HGV (HCV) movements – the maximum number of HGV vehicles to
and from the site between 6am and 7am shall not exceed 56 (28 in/
28 out)
3) Noise – noise generated from the site measured at the nearest
noise sensitive property shall not exceed 44 dB(A)
4) Noise (2) – all vehicles accessing the site for sales and deliveries
between 6am and 7am shall be fitted with white noise alarms
5) Limit of operations – the operation of the site between 6am and 7am
shall be limited to Cemex operations only (excluding operation of
the sand bagging plant), for the purposes of access, sales and
deliveries of sand, gravel, ballast and ready-mix only. No operations
related to extraction, transport or processing of sand and gravel
either from the extraction area or within the quarry complex is
permitted between 6am and 7am.
6) All other conditions attached to 6/1430-10
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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4.
Site and Surroundings
4.1
The application site comprises a parcel of land within the Metropolitan
Green Belt between Hatfield and St Albans.
4.2
Hatfield Quarry comprises a large expanse of land subject to mineral
extraction area and comprises areas of both active and restored land.
The current extraction area at Symondshyde consists of some 67
hectares of land located approximately 2km north of the quarry
complex and north of Coopers Green Lane, as shown on the attached
OS extract plan.
4.3
Sand and gravel from the extraction area is transported via a network
of linked conveyor belts leading to the quarry complex where materials
are washed, graded and stockpiled or bagged for export. The company
has ancillary facilities at the quarry complex comprising a washing
plant, batching facilities for ready-mix, and a sand bagging operation.
4.4
The surrounding area is fairly sparsely populated although there are
residential properties in the vicinity of the site at Beech Farm 300m to
the north, Oak Farm approximately 120m to the west, and Oaklands
Lane approximately 400m south east of the quarry complex.
4.5
The current operation of the site covering the Symondshyde extraction
area and the quarry complex is controlled under planning conditions
attached to 5/1430-10 (decision notice attached - Appendix I).
5.
Proposed development
5.1
The application proposes to vary Condition 8 (hours of operation) of
planning permission 6/1430-10, which restricts the permitted hours of
operation to:
0700 - 1800 hours Monday to Friday
0700 – 1300 hours Saturday
To amend the hours of operation to:
0600 – 1800 hours Monday to Friday
0600 – 1300 hours Saturday
5.2
The application proposes to restrict the scope of operations to
access, sales and deliveries only between 6am and 7am.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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6.
Planning History
6.1
Hatfield Quarry has operated for sand and gravel extraction since the
1950’s and subsequently there have been various applications to
extend or vary the existing planning permissions.
Summary of planning permissions for Hatfield Quarry
5/1064-13
5/1430-10
6/0439-03
6/0595-03
6/0596-03
5/0819-03
6/0597-03
5/0174-02
6/0052-98
5/1414-97
6/0661-97
6/0406-96
5/0634-89
6/0122-89
6/0119-89
6/0589-81
5/1073-75
C/0802-56
Proposed leachate treatment plant with capacity to treat
50m3 of leachate per day
Variation of condition 5 of planning permission 6/043903 to amend the phased method of working
(Symondshyde)
Sand and gravel extraction and restoration of land to
agriculture (Symondshyde)
Change of condition (restoration proposals)
Change of conditions (restoration proposals)
Variation of conditions (restoration proposals)
Change of conditions (timescale)
Construction & operation of leachate degassing plant
Vehicular tunnels
Variation of condition of pp 5/0634-89
Variation of condition of pp 6/0119-89
Extraction, infilling, and Restoration
Extraction & Infill
Extraction & Infill
Extraction & infill
Sand & gravel extraction
Tip household waste
Tipping household refuse
7.
Policy
7.1
Planning applications are required to be determined in accordance with
the development plan unless material considerations indicate otherwise
(s38(6) Planning and Compulsory Purchase Act 2004).
7.2
The development plan for the area comprises the saved policies of the
Welwyn Hatfield District 2005; the St Albans City & District Plan 1994;
and the Hertfordshire Minerals Local Plan Review 2002-2016.
7.3
Hertfordshire Minerals Local Plan Review 2002-2016 Adopted March
2007
MP1 Aggregates Supply; MP2 Need for Mineral Working; MP3 Sites for
Sand and Gravel Extraction and the Working of Preferred Areas; MP11
Cumulative Impact; MP16 Transport; MP17 Criteria for the Control of
Mineral Development; MP18 Operation Criteria for the Control of
Mineral Development.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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Welwyn Hatfield District Plan 2005
RA1 Development in the Green Belt; SD1 Sustainable Development;
R19 Noise and Vibration Pollution; M2 Transport Assessments; RA25
Public Rights of Way; D8 Landscaping; R14 Local Nature Reserves;
R15 Wildlife Sites; R16 Protection of Species.
St Albans City & District
1 Metropolitan Green Belt; 34 Highway Considerations in Development
Control; 83 Impact of Road Traffic Noise on Housing
8.
Consultation
8.1
The application site covers a wide area spanning both Welwyn Hatfield
and St Albans Districts, and includes a number of Parish Council areas
(Sandridge, Colney Heath, and Smallford). Therefore consultation has
taken place with the above bodies.
8.2
St Albans City & District Council raises no objections subject to
conditions:
 The noise level should not exceed a limit of 42dB LAeq between 6am
and 7am; and
 Vehicle movements limited to 55 vehicles between 06:00 and 07:00
hours.
8.3
Welwyn Hatfield District Council objects to the development on grounds
that:
 Under the current planning permission lorries can turn right out of the
quarry complex onto Oaklands Lane and then on to Coopers Lane. As
a consequence of the proposed development residential properties
along Coopers Green Lane are likely to experience noticeable
additional heavy vehicle traffic movements earlier in the morning.
 Although overall lorry movements do not increase under this proposal,
there is concern that more of these heavy vehicle movements will take
place earlier in the day.
 Whilst it is unlikely these heavy vehicle movements will impact on
residents in Coopers Green Lane as early as 0600hrs, it is reasonable
to expect at least some material increase in traffic movements from the
application site before 0700 hrs and probably an hour earlier than
residents are currently experiencing. As such this is likely to impact on
the residential amenity of residents in Coopers Green Lane to an extent
which would be harmful due to this new impact being in the early hours
of the day
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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8.4
St Albans City and District – Environmental Health comments
The predicted levels of noise between 6am and 7am appear to be
within 42dB LAeq. The increase in vehicle movements appears to
have a direct relation to the increase in noise levels. Therefore a
restriction on the maximum number of vehicle movements should be
considered between 6am and 7am.
8.5
Hertfordshire County Council as Highway Authority raises no
objections, stating:
The proposed additional hour should not increase production or overall
vehicle movements only the flexibility to meet market demand. The
Company has established that construction projects are commencing
earlier due to transport congestion and tight timescales and the request
for material is being sought prior to their permitted hours of operation.
The Highway Authority has no objection to the proposal as the daily
HCV movements will not increase and therefore it will have no affect on
highway safety.
8.6
The County Ecologist raises no objections, stating
Species records for the site indicate some bird, bat and possible Great
crested newt interest. However, the site already operates under an
existing planning permission and any necessary ecological issues
should have been dealt with when this was approved. In any event, the
extension of operations by one hour will not have any meaningful
impact on any ecological interests other than slightly increase the hours
of operation and therefore any direct /indirect disturbance. I consider
this will have a negligible impact upon ecology over and above any
impacts already taking place.
8.7
Thames Water raises no objection
Third Party Consultation
8.8
The application has been advertised by way of site notice, local press
notice and letters to properties within 250m of the site.
8.9
10 letters of objection have been received raising the following points:
 Coopers Green Lane is totally unsuitable for large HCV's and
articulated vehicles - the lane is not designed for this type of vehicle.
 Coopers Green Lane does not have any footpaths to safeguard
pedestrians
 HGVs often straddle the centre line causing problems for oncoming
traffic and cyclists
 there has been an increase in the number of lorries using Coopers
Green Lane and Sandpit Lane (both within the St Albans lorry ban
zone) since signs ‘no left turn‘ signs were removed,
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
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 GRS Bagging is a separate operation to Cemex. If the gates are
opened earlier in the morning the larger GRS articulated vehicles will
also access the site earlier, thus further increasing traffic
 additional lorries using Coopers Green Lane and surrounding roads
would be dangerous and harm amenity and environment of the area
 Any increase in sales will obviously increase the number of HCV's
using the surroundings roads
 Traffic on Oaklands Lane has been increasing and this will only add to
the burden on the local road network
 noise from lorries travelling along Oaklands Lane before 7am already
has an adverse impact on residents
 lorries already arrive at the quarry before 7am and are a source of
persistent noise from bleeping reversing alarms
 The reverse bleepers are audible for a distance south along Oaklands
Lane
 Lorries travelling along Oaklands Lane/ Sandpit Lane cause noise and
vibration early in the morning for residents.
 Increase in traffic will lead to an impact on a County Wildlife site
 The development could lead to accidents, particularly in the winter
months, and further problems at the mini roundabout at the end of
junction of Coopers Green Lane with Oaklands Lane/Sandpit Lane.
 Cemex should abide by the terms of the original planning permission
8.10
Sandridge Parish Council response stated:
"Whilst Sandridge Parish Council is unhappy about extending the
hours, it would be acceptable as a means of the lorries avoiding
causing disruption during the rush hour traffic. Permission should
therefore be subject to strict adherence to the new hours and the lorries
should only turn left on exiting the site down Oaklands Lane and not to
use Coopers Green Lane and Sandpit Lane”.
8.11 Colney Heath Parish Council objects to the development on grounds
that
 reports from local residents are that the current hours are already
breached with vehicles turning up long before 7am
 reports from local residents suggest the site is operating noisy plant to
produce the cement products well before start time to have batches
ready at 7am
 HGV delivery vehicles arriving and running their engines to power the
hopper causes a nuisance
 increased levels of HGV traffic along the lanes are an inconvenience
 The longer hours will impact on families getting school and work
 The highway signage for the ‘no right turn’ out of the quarry entrance
which have been removed need to be replaced
 CEMEX possibly have other batching plants which would cause less
impact on residential areas and could be used for early production
instead of Hatfield Quarry should be considered first
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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8.12 Marshalwick Residents Association objects to the development on
grounds that:
 Operating from 6am means that empty (and noisier) trucks travel
through St Albans along the entire length of Sandpit Lane from 4 am
 There has been no public consultation, none of the residents affected
by the proposal have been consulted
 The sites operating hours had been controlled since 1970 to 'protect
the local amenity and minimise the adverse impact of operations on the
surrounding area in terms of noise, associated traffic generated and
general disturbance'. These circumstances are equally relevant today.
8.13 A company representative from Cemex attended the meeting at
Sandridge Parish Council on 17th July 2013. In response to queries
raised the following information was provided:
Does the proposed application include the bagging operations?
The application submitted is to assist Cemex aggregate sales, the
application does not include the bagging operation although they do
adhere to the same operating hours.
Would the proposed hours of operation be adhered to?
It was highlighted in the meeting that vehicles have been accessing the
site prior to 7am. Should planning permission be granted for the
additional hour the Company would ensure the site entrance remains
closed until 6am to ensure no unauthorised entry?
Would the increase in hours of operation increase vehicle movements?
The company does not proposed to increase mineral extraction or
production therefore the annual tonnage shall remain as permitted. As
production levels shall remain as permitted (250,000tpa) no additional
vehicles movements would be generated. The increased hours would
help distribute existing vehicle movements over a longer period and
assist early sales.
What are current vehicle movement levels?
The site shall maintain permitted aggregate vehicle limit of 300 HGV
per day (sand and gravel, Bagging, Ready Mix Concrete).
Why was the no right hand turn sign removed?
It appears previous signs were removed over 10 years ago when the
airfield redevelopment commenced to enable construction traffic to
access the site. The Quarry does not have any vehicle routing
agreements in place although Cemex vehicle predominantly turn left at
the site exit along Oaklands Lane towards A1057. The Company
would accept new signs being placed near the site exit preventing
aggregate vehicles from travelling down Sandpit Lane.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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9.
Main issues
9.1
The main planning issues for the determination of this application relate
to:




Green Belt
Need
Noise
Traffic
Green Belt
9.2
The site and surrounding area comprise an area of Metropolitan Green
Belt that has been the subject of mineral working since the 1950’s and
1960’s.
9.3
The current planning permission for sand and gravel extraction at
Symondshyde expires in 2019, and the land south east of Hatfield
Quarry is a Preferred Area in the Mineral Local Plan Review (20022016).
9.4
Mineral extraction in the Green Belt is not inappropriate development
provided that it preserves openness and does not conflict with the
purposes of including land within the Green Belt (NPPF paragraphs 80
and 90). Mineral working is a temporary activity and the effects are
generally short lived provided that restoration is carried out to a high
standard and at the earliest opportunity (NPPF, paragraph 143).
9.5
The proposed extension to working hours would not affect any of the
other terms of the current planning permission; for example, the
working methodology, extraction rates, completion dates, and the
overall number of vehicle movements all remain the same.
9.6
The additional hour would used be to widen the period over which lorry
movements may take place during the day and provide the company
with greater flexibility over deliveries and sales. The effect would be to
lessen the number of movements that might otherwise take place
between 8am and 9am, thus reducing congestion at peak times.
9.7
Given that the same overall number of lorry movements (150 in/150
out) may take place under the current planning permission, albeit
between 7am and 7pm, there is no indication that the additional hour
would have any material impact to the openness of the Green Belt or
conflict with the purposes of including land within the Green Belt.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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Need
9.8
Minerals are essential to support sustainable economic growth. It is
therefore important that there is sufficient supply of material to provide
infrastructure (NPPF paragraph 142).
9.9
In order to minimise the environmental impact of mineral extraction
within Hertfordshire, Policy 3 of the Minerals Local Plan seeks to
restrict mineral extraction to those sites which already have planning
permission (the Specific Sites) and those sites identified as Preferred
Areas, subject to a planning permission being granted.
9.10
Policy 1 of the Minerals Local Plan seeks to maintain an appropriate
landbank of sand and gravel reserves in accordance with government
advice. The NPPF (paragraph 145) indicates that planning for a steady
and adequate supply of aggregates should provide for maintenance of
landbanks for sand and gravel of at least 7 years.
9.11
Hatfield Quarry (including land at Symondshyde Farm) is a Specific
Site identified in the Minerals Local Plan (Appendix 5).
9.12
Land at Symondshyde has planning permission for the extraction of
approximately 3.25M tonnes of sand and gravel until 2019. Therefore
Symondshyde makes a significant contribution to the overall supply of
sand and gravel in Hertfordshire.
9.13
The current proposal would not increase current extraction or
production rates, and as such there would be no impact to the
contribution that the site makes to the current landbank, or the period
over which the material comprising the landbank would be delivered.
9.14
The proposal would simply provide the company with greater flexibility
to accommodate sales and deliveries earlier in the morning in response
to market demand from construction projects for the delivery of
materials earlier in the day in response to tight timescales and to avoid
traffic congestion.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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Noise
9.15 Policy 18 of the Mineral Local Plan requires development proposals to
demonstrate that no significant noise intrusion will arise from the
development.
9.16 The NPPF (paragraph 143) requires local planning authorities to ensure
that permitted operations do not have unacceptable adverse impacts
from noise, dust, visual intrusion and traffic. In determining planning
applications mineral planning authorities should ensure that any
unavoidable noise, dust and particle emissions are controlled, mitigated
or removed at source (paragraph 144).
9.17 The NPPF Technical Guidance (paragraph 30) advise authorities to
establish a noise limit at the noise-sensitive property that does not
exceed the background level by more than 10dB(A), subject to a
maximum of 55dB(A) LAeq, 1h (free field). During normal working
hours (0700 to 1900hrs) the limit should not exceed 55dB(A) and night
time limits (2200 to 0700) should not exceed 42dB(A).
9.18 The effect of the proposal would be to extend operations into night time
hours.
9.19 The application includes a noise survey which measured the current
background noise levels at sensitive receptors in the vicinity of the site
and included an assessment of the potential impacts of noise
generated between 6am and 7am.
9.20 The report concludes that noise generated by the operation of the
quarry for access, sales and deliveries between 6am and 7am should
not exceed 42 dB(A) at properties in the vicinity of the site.
9.21
The Environmental Health Officer (St Albans City & District) raises no
objections subject to a condition to set an appropriate limit on the
number of vehicle movements before 7am.
9.22 Subject to that condition officers are satisfied that the operation of the
site between 6am and 7am for access, sales and deliveries would not
result in unacceptable noise intrusion, as demonstrated by the noise
assessment, as such there would not conflict with Minerals Policy 18.
Transport
9.23 The application would not result in an increase in overall number of
HCV movements. The application does not propose a specific number
of HCV movements between 6 and 7am. However, the company has
indicated a willingness to accept a condition to limit HCV movements to
56 (28 in/ 28 out), between 6am and 7am. Officers are satisfied with
this as a reasonable upper limit.
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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9.24
The highway authority has no objection on the basis that the proposal
would not increase overall daily HCV movements, which is currently
restricted to 300 (150 in / 150 out) under condition 30 of planning
permission 6/1430-10. As such the highway authority are satisfied that
there would be no significant effect on highway safety. The proposal is
therefore considered to comply with Policy 16 (Transport) of the
Minerals Local Plan.
10.
Conclusion
10.1
The NPPF (paragraph 144) advises local planning authorities to give
great weight to the benefits of mineral extraction, including to the
economy, in determining planning applications.
10.2
The application has demonstrated potential economic benefits in
supporting the construction industry and providing the company with
greater flexibility over early morning sales and deliveries and has the
potential to support economic growth.
10.3
The proposal is therefore consistent with Government objectives for the
planning system (NPPF, Paragraph 19).
10.4
The application has demonstrated via a noise impact assessment
submitted as part of the application that the proposed operations
involving access, sales and deliveries can take place between 6am
and 7am without having an unacceptable impact upon residential
properties in the vicinity of the site.
10.5
The proposal does not affect the existing access arrangements,
which are via the C61 Oaklands Lane, nor would it increase the
maximum number of lorry movements, which are limited to 300 per
day (150 in/ 150 out) under the current planning permission. The
operator has agreed to a limit of 56 HCV movements (28 in/ 28 out)
between 6am and 7am.
10.6
On balance, it is considered that the proposed extension of operating
hours for one additional hour in the morning between 6am and 7am
for access, sales and deliveries would not cause significant adverse
impact upon residential amenity or harm the Green Belt any more
than the permitted operations.
10.7
It is therefore recommended that the Chief Executive and Director of
Environment be authorised to grant planning permission subject to
the following conditions:
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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Conditions
1.
2.
3.
4.
5.
6.
time limit – three years
HGV (HCV) movements – the maximum number of HGV vehicles to
and from the site between 6am and 7am shall not exceed 56 (28 in/
28 out)
Noise – noise generated from the site measured at the nearest
noise sensitive property shall not exceed 44 dB(A)
Noise (2) – all vehicles accessing the site for sales and deliveries
between 6am and 7am shall be fitted with white noise alarms
Limit of operations – the operation of the site between 6am and 7am
are limited to Cemex operations only (excluding operation of the
sand bagging plant), for the purposes of access, sales and
deliveries of sand, gravel, ballast and ready-mix only. No operations
related to extraction, transport or processing of sand and gravel
either from the extraction area or within the quarry complex is
permitted between 6am and 7am.
All other conditions attached to 6/1430-10
The following documents have been considered in preparing the report
Planning Statement
Responses from statutory consultees and third parties
Application to vary condition 8 of 6/1430-10 to amend hours of working at Hatfield Quarry, Oaklands Lane AL4 0HS
6/0509-13 (CM0102)
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