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FLINTSHIRE COUNTY COUNCIL
CYNGOR SIR Y FFLINT
Environment Directorate
County Hall, Mold
Flintshire. CH7 6NF
Cyfarwyddiaeth yr Amgylchedd
Neuadd y Sir, Yr Wyddgrugg
Sir y Fflint. CH7 6NF
CERTIFICATE OF DECISION
Application Ref: 052699
TOWN AND COUNTRY PLANNING ACT, 1990
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT MANAGEMENT PROCEDURE) (WALES) ORDER, 2012
AGENT
Sloane Mead
Churton Mount
Hob Lane
Churton
CH3 6JZ
APPLICANT
ASH Resource Management Ltd, Valeway
Ltd Ltd
PROPOSAL: Application for the approval of details reserved by conditions 6 (internal
access road), 7 (pre-cast retaining wall) 8 (dry stone wall), 22 (tree planting and
landscaping), 24 (layout, design, surface water drainage and construction of internal
access road), & 26 (scheme to prevent run-off of surface water) attached to planning
permission ref: 050695
LOCATION: Cambrian Quarry, Gwernymynydd
APPLICATION FOR APPROVAL OF DETAILS REQUIRED BY CONDITION(s)
Ref: 052699
In pursuance of their powers under the above Acts and Order the County Council as Local
Planning Authority hereby: APPROVES
The application to approve details required by conditions 6,7,8,22,24 and 26:
6. Prior to the commencement of development, a scheme shall be submitted for written
approval to the Local Planning Authority providing a detailed design of the approved
internal access road. The approved scheme shall include details construction
specification, vehicle management controls, specification and design of the retaining wall
and detailed proposals for the retention and preservation of Mine Entrance No.4 and
implemented in full in accordance with the approved scheme.
7. Prior to the commencement of development, a scheme shall be submitted for written
approval to the Local Planning Authority providing a detailed design of the pre-cast
retaining wall at the northern boundary of the site adjacent to Glyndŵr Road as shown on
approved plan ‘ASH/CQ/11 Rev A’. The approved scheme shall include details of the
materials and construction specification and the height and implemented in full in
accordance with the approved scheme.
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8. Prior to the commencement of development a scheme shall be submitted for written
approval to the Local Planning Authority providing a detailed design of the approved dry
stone wall at the northern boundary of the site as shown on approved plan ‘ASH/CQ/11
Rev A’. The approved scheme shall include details of the materials and construction
specification of the stone wall including the height and implemented in full in accordance
with the approved scheme.
22. Prior to commencement of development, a detailed scheme of advanced tree planting
and landscaping on the western boundary of the site and adjacent to the new access road
as shown on approved plan ‘ASH/CQ/09 Rev A’ shall be submitted in writing to the Local
Planning Authority for approval.
24. Prior to the commencement of development, a scheme shall be submitted for written
approval to the Local Planning Authority providing a detailed scheme for the detailed
layout, design, surface water drainage and construction of the internal access road.
26. Prior to the commencement of development, a scheme shall be submitted for written
approval to the Local Planning Authority providing a detailed scheme for the positive
means to prevent the run-off of surface water from any part of the site onto the highway.
In accordance with the documents/plans/materials submitted on: 19/09/14.
The scheme submitted for written approval to the Local Planning Authority providing a
detailed design of the approved internal access road meets the requirements of Condition
6 above and is therefore hereby approved by the Local Planning Authority. The scheme
submitted for the retention and preservation of Mine Entrance Number 4 met that part of
the requirements of Condition 6 above and was approved under reference 052282.
The scheme submitted for written approval to the Local Planning Authority providing a
detailed design of the pre-cast retaining wall at the northern boundary of the site adjacent
to Glyndŵr Road as shown on approved plan ‘ASH/CQ/11 Rev A’ meets the requirements
of Condition 7 above and is therefore hereby approved by the Local Planning Authority.
The scheme submitted for written approval to the Local Planning Authority providing a
detailed design of the approved dry stone wall at the northern boundary of the site as
shown on approved plan ‘ASH/CQ/11 Rev A’ meets the requirements of Condition 8
above and is therefore hereby approved by the Local Planning Authority.
The detailed scheme of advanced tree planting and landscaping on the western boundary
of the site and adjacent to the new access road as shown on approved plan ‘ASH/CQ/09
Rev A’ submitted in writing to the Local Planning Authority for approval meets the
requirements of Condition 22 above. The advanced planting and landscaping scheme is
hereby approved by the Local Planning Authority prior to commencement of development
and shall be implemented in full for the life of the development. Trees, shrubs and hedges
shall be planted in accordance with the approved scheme and shall be maintained for the
life of the development. Should any trees/shrubs which within a period of five years from
planting die, are removed or become seriously damaged or diseased, they shall be
replaced with others of a similar size and species during the next planting season, with
other similar size and species, unless the Local Planning Authority gives written consent to
any variation, as required by Condition 23.
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The scheme submitted for written approval to the Local Planning Authority providing a
detailed scheme for the detailed layout, design, surface water drainage and construction
of the internal access road meets the requirements of Condition 24 above. The surface
water drainage scheme is hereby approved prior to the commencement of development
by the Local Planning Authority and shall be implemented in full for the life of the
development, as required by Condition 25.
The scheme submitted for written approval to the Local Planning Authority providing a
detailed scheme for the positive means to prevent the run-off of surface water from any
part of the site onto the highway meets the requirements of Condition 26 above. The
scheme to prevent run-off of surface water to the highway is hereby approved prior to the
commencement of development by the Local Planning Authority and shall be implemented
in full for the life of the development, as required by Condition 27.
Dated: 1st December, 2014.
Signed: ………………………………………………
Chief Officer (Planning & Environment)
Notes to Applicants
1. This permission relates to the following particulars received by the Local Planning
Authority on 19th September, 2014.
- Conditions 6, 7, 8, 22, 24 and 26 schemes letter dated 19th September, 2014.
- Bright and Associates Submission of Landscape Details letter dated 19 th
September, 2014.
- Drawing Number P726-CQM-100-D1 “Plan Layout” Dated 16/08/14.
- Drawing Number P726-CQM-100-D11 “Earthworks Sections 1/2” Dated
16/08/14.
- Drawing Number P726-CQM-100-D12 “Earthworks Sections 2/2” Dated
16/08/14.
- Drawing Number P726-CQM-100-D13 “Construction Details” Dated 16/08/14.
- Drawing Number ASH/CQ/12 “Landscape Details for the New Internal Access
Road” Dated September, 2014.
- Drawing Number ASH/CQ/07 Rev C “Application Site and Outline
Development Proposals” Dated October, 2013.
- Letter dated 25th November, 2014 as a formal amendment received
by Flintshire County Council on 25th November, 2014.
2. You are reminded that this permission must be carried out strictly in accordance with
the above specified plans and the conditions referred to upon this certificate of decision. If
any amendments are proposed, you should NOT proceed without first obtaining the
written approval of the Local Planning Authority.
3. Any development carried out without compliance with the plans and particulars forming
this permission, or without full compliance with the conditions of this permission, is entirely
at the owners/developers risk and will not prejudice the Local Planning Authority in respect
of any decision it may make to take formal enforcement action.
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STATUTORY PROVISIONS & NOTES
APPEALS TO THE WELSH GOVERNMENT
1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse
permission of approval for the proposed development, or to grant permission or approval
subject to conditions, he may by notice served within six months of receipt of this notice,
appeal to the Welsh Government in accordance with Section 78 of the Town and Country
Planning Act, 1990. The Welsh Government has power to allow a longer period for the
giving of notice of appeal, but will not normally be prepared to exercise this power unless
there are special circumstances which excuse the delay in giving notice of appeal. The
Welsh Government is not required to entertain an appeal if it appears that permission for
the proposed development could not have been granted by the Local Planning Authority,
or could not have been granted otherwise than subject to conditions imposed by them
having regard to the statutory requirements of Section 79(6) of the Town and Country
Planning Act, 1990, namely Sections 70(1), (2) and (3), and 72(1) of the Act, and to the
provisions of the development order, and to any directions given under the order.
2. Notice of Appeal should be given on the prescribed form, obtainable from the Welsh
Government, Planning Inspectorate, Crown Buildings, Cathays Park, Cardiff. CF10 3NQ
(Tel: 02920 825670 – Fax: 02920 825150).
3. Should the appellant wish the Welsh Government to appoint a Welsh speaking
Inspector to hear any appeal against the Local Planning Authority’s decision, such a
request should be made to the Welsh Government when Notice of Appeal is forwarded to
that office at the address given above.
4. Purchase Notices
If permission to develop land is refused or granted subject to conditions whether by the
Local Planning Authority or by the Welsh Government, and the new owner of the land
claims that the land has become incapable of reasonably beneficial use in its existing state
and cannot be rendered capable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted he may serve on the Council a
purchase notice requiring the Council to purchase his interest in the land in accordance
with the provisions of Part V1 of the Town and Country Planning Act, 1990.
5. Compensation
In certain circumstances, a claim may be made against the Local Planning Authority for
compensation, where permission is refused or granted subject to conditions by the Welsh
Government on appeal or on a reference of the application to them. The circumstances in
which such compensation is payable are set out in Section 115 of the Town and Country
Planning Act, 1990.
6. General
The enclosed decision relates to planning control only and does not cover any other
statutory provisions for which consent may be required from the appropriate authority.