Planning Committee CONSULTATION BY NORFOLK COUNTY COUNCIL IN RESPECT OF A PROPOSAL BY TARMAC LIMITED FOR THE EXTRACTION AND PROCESSING OF SAND AND GRAVEL, INCLUDING CONCRETE BATCHING PLANT, WITH RESTORATION AT A LOWER LEVEL TO A CONDITION SUITABLE FOR AGRICULTURAL, FORESTRY AND NATURE CONSERVATION AFTERUSE AT LAND TO THE WEST OF B1150 NORWICH ROAD, HORSTEAD. 1 SUMMARY 1.1 This report describes a proposal for mineral extraction and associated works within the parish of Horstead. A map and aerial photograph showing the location of the site is attached as Appendix A. 1.2 Norfolk County Council, which is the determining planning authority for this application is seeking comments from this Council. The County Council has agreed to an extension of the consultation period in order for this Council to comment at Member level. The County Council is likely to consider the application at a meeting on 8 July 2005. 1.3 The application is accompanied by an Environmental Statement and Environmental Statement (Non-Technical Summary). 1.4 Members will be aware that previous applications have been submitted by Tarmac: In 2002, the District Council was consulted on a proposal to extract approximately 7.5 million tonnes from a site area of 106 hectares. The District Council objected to this proposal. The County Council refused planning permission on the grounds that there was no need for the mineral reserve at this site. In 2003, the District Council was consulted on a revised proposal to extract approximately 3.06 million tonnes from a reduced site area of 54.3 hectares. The District Council objected to this proposal on the grounds contained in Appendix B. The County Council refused planning permission on the grounds that in the context of a landbank of 7.47 years there is no need for the mineral and the proposals are in conflict with Minerals Local Plan Policy MIN 15. This is now subject to an appeal. 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee 2 PROPOSAL 2.1 The application has been submitted on behalf of Tarmac for the extraction and processing of approximately 3.06 million tonnes of sand and gravel from approximately 54.3 hectares of land. The expected duration of operations is 15 for extraction and 17 in total. In addition to the extraction and processing of sand and gravel, the application also seeks permission for a ready mixed concrete plant. Access to the site would be via the B1150, at an altered junction with the Stanninghall Road. The proposal is very similar to that currently subject to appeal. 2.2 The site itself extends to approximately 54.3 hectares and is primarily arable agriculture. A pig-breeding unit is located on the site and is periodically moved from field to field. The land is also managed for game birds. 2.3 The proposed development is for the progressive extraction and processing of sand and gravel, including the manufacture of ready mixed concrete. It is proposed that following the phased extraction of minerals, the site will be reclaimed at a lower level, approximately 7 metres. The land will be generally flat with sloping sides up to the surrounding ground levels outside of the site. Some of these sloping sides will be gentle and farmed, with others being planted as woodland. 2.4 The area of the proposed mineral extraction is smaller than the boundary of the application site, thereby allowing areas for buffer zones from neighbouring residential properties, boundary trees and woodland areas. The aerial photograph at Appendix A shows the area of the proposed mineral extraction in relation to the overall site boundary. Details of the proposed phasing and development of the site including concept restoration are attached as Appendix C. 2.5 The proposed hours of working for the site are stated to be 07:00 - 18:00 Monday - Friday, and 07:00 - 13:00 Saturday mornings, except public holidays. 3 LOCAL PLAN ISSUES Minerals Local Plan: 3.1 A large part of the proposed site is identified in the adopted Norfolk Minerals Local Plan as Investigation Area 74. Investigation Areas indicate those areas where further testing of Minerals should be concentrated. As a result of representations on the review local plan, the whole of the proposed site is now included within the plan. 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee 3.2 The need for new sand and gravel workings can be assessed against County Council policy, which states that no new sand and gravel quarries will be permitted if the stock of sand and gravel with planning permissions exceeds seven years supply. 3.3 The current land bank of permitted reserves in Norfolk (planning permission granted) is less than seven years (6.63 years as at May 2005). 4 ENVIRONMENTAL EFFECTS 4.1 In terms of assessing the environmental effects of the proposed development, an Environmental Impact Assessment (EIA) has been undertaken, accompanied with an Environmental Statement (ES). Details of the main environmental effects arising as a result of the proposed development are outlined below. Transport 4.2 It is estimated that the proposed development would result in 38 lorries leaving the site daily – 32 x 21 tonnes of sand and gravel and 6 x 12 tonnes of concrete (76 lorry movements per day). The routes they will normally follow will be the B1150 with 90% traveling south. Dust 4.3 Potentially there are a number of operations that would be carried out as part of the development, which might create dust. It is stated that these, however, could be controlled within the boundary of the site by the implementation of simple precautions, for example avoiding soil stripping in windy weather, the use of tracked vehicles, the use of defined routes for earth moving vehicles and the sprinkling of water. The extraction and processing of sand and gravel is not, however, stated to be a significant source of dust. The proposed ready mixed concrete plant is also not considered to be a source of dust, which will need a separate consent under the Environmental Protection Act 1990. Noise 4.4 Measurements taken in the vicinity of noise sensitive properties, together with computer modeling indicate that noise mitigation measures will be required on the site. This would include cladding of fixed and mobile plant, silencing measures for plant and the use of bunds around the plant site, along parts of the site boundary, or in the vicinity of residential properties. The proposed bunds would vary in height between 4 and 6 metres. It is stated that landscaping will also be used to disguise the appearance of the bunds, some of which will only last for individual phases only, whereas some will exist 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee throughout the life of the site (i.e. 15 years). Ecology 4.5 Surveys have revealed that various types of beetles are present within the internal hedgerows. Further surveys will be required in order to establish if these also exist in the boundary features. If found in the boundary hedgerows, translocation will be required. Compensatory landscaping will be planted to replace the existing hedgerows and trees lost as part of the proposal, planted and managed for either nature conservation or forestry. It is however stated that overall there will be a net gain of approximately 46,000 trees. No evidence of bats has been discovered at the site. Agriculture 4.6 Topsoil will be stripped from the plant site and phase 1. This will be stored in bunds for the duration of the plant (15 years), and used to restore the plant site area. Throughout the life of the development, several areas of the site will be unavailable for agricultural use. Hydrology 4.7 The water table is located beneath the sand and gravel that is to be extracted, so there will be no effect on surrounding groundwater levels or flows. Archaeology 4.8 Surveys already undertaken have revealed no major sites of archaeological significance within the proposed extraction area. There is a Scheduled Ancient Monument to the north of the site, and a Grade II* listed building to the west, although both of these are located outside the proposed extraction area and application site. Part of the site hedgerow boundary along Frettenham Road is classed as important under the Hedgerow Regulations. Landscape 4.9 The proposed development has been assessed in terms of its potential impact upon residential areas, roads and footpaths. The existing hedgerows, woodland areas and undulations in the land surface already offer some screening of the site. 4.10 Besides additional planting, earth bunds will be required on the site, not only to offer visual screening, but also to absorb and deflect noise, and as a place to store soils and overburden, prior to their use in the final restoration of the 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee site. 4.11 Semi-permanent bunds in the site it is stated will help shield views into the site. These will be shaped, seeded and planted to landscape their appearance. 4.12 There is one residential property adjacent to the site, which will require temporary earth bunding while extraction and restoration is in the phases adjacent. This is a single storey property, which has wide views of the existing fields. 4.13 The final restoration of the site will be designed to replicate the character of the area, including medium sized fields being separated by hedgerows containing larger individual trees. 5 LOCAL BENEFITS 5.1 It is stated that the proposed development would contribute significantly to the economy in general, with a large proportion of this benefit being for the local area directly. It is estimated that approximately twenty people will be directly employed at the site including lorry drivers, with the intention for these positions to be filled locally. It is anticipated that the expenditure from the site would total £1.5 million each year, with a substantial amount of this being spent locally. 5.2 Restoration will enhance the nature conservation and game potential through the planting of 46,000 trees to create 18.5 hectares of woodland with associated glades. The planting of approximately 3 kilometres of hedgerow including Oak trees will reinforce the characteristic field pattern of the general area. 5.3 The hedgerows which surround the site will be managed and enhanced. Other belts of trees and shrubs will be planted along various boundaries of the site as screen planting, and will be retained after extraction has finished. 6 CONSULTATIONS Head of Policy: 6.1 While development of this sort does not appear to be in any major conflict with the policies in the adopted and replacement Broadland District Local Plan, consideration needs to be given to the general strategy, environmental and highway policies as well as relevant policies in the Norfolk Structure Plan and Minerals Local Plan 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee Head of Environmental Services: 6.2 The Environmental Statement refers to dust and noise control and suggests some conditions relating to these. I would advise these conditions are used, namely:In relation to dust, the condition specified in Document 3 of 3, section 3, page 22, subsection 7.2 In relation to noise, the condition specified in Document 3 of 3, section 4, page 20 6.3 Norfolk County Council have carried out all statutory consultations, publicity or advertising which may have been necessary for the application, as well as notifying the Parish Council and neighbours where appropriate. 7 RELEVANT POLICY GUIDANCE Norfolk Structure Plan (Adopted October 1999). 7.1 The following policies are considered relevant to this application: Policy CS.7 - In the countryside, priority will be given to conserving landscape character and wildlife, and protecting agricultural, recreational and natural resources. Policy ENV.1 - High priority will be given to protecting the environmental assets of the county and conserving and enhancing biodiversity. Policy ENV.4 - The distinctive character of the Norfolk countryside and coast will be protected for its own sake and proposals for development in these areas but outside the areas of special protection will only be acceptable where they do not significantly harm the character of these areas. Policy RC.6 - Proposals for development will only be permitted where they are in accordance with the detailed policies contained in the Norfolk Minerals Local Plan. Norfolk Minerals Local Plan (Adopted December 1996 with modifications adopted 2004). 7.2 The following policies are considered relevant to this application: 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee Policy MIN2 - Proposals for mineral extraction and associated development in river valleys, the brecks, areas of landscape protection, conservation areas, historic parkland, areas of importance to the setting of listed buildings and woodland areas will be permitted only where it can be ensured that they would not be significantly detrimental to the appearance or character of these areas. Policy MIN3 - Applications for mineral extraction and associated development will be allowed except where the harm to the visual appearance of the countryside, either during operations or in terms of the final landform, would be unacceptable. Policy MIN6 - Applications for mineral extraction and associated developments will only be permitted where there would be no unacceptable harm to the amenities enjoyed by nearby residents and other land users. Policy MIN9 - Applications for mineral extraction and associated developments will only be permitted where the access and the highway network are suitable, and are able to accommodate increased lorry movements, or where improvements would not cause unacceptable harm to the environment. Policy MIN14 - The County Council will maintain a landbank of permitted reserves of sand and gravel separate from that for carstone, both of which will be in accordance with Minerals Planning Guidance note 6. Policy MIN15 - Proposals for extraction of sand and gravel and carstone on new sites will not normally be permitted when the landbank exceeds the seven year level. Adopted Broadland District Local Plan. 7.3 The following policies are considered relevant: Policy GS1 - New development will normally be accommodated within the development boundaries. Outside these boundaries, development proposals will not be permitted unless they comply with a specific allocation and/or policy of the Plan. Policy GS3 - Sets out general considerations to be taken into account in all new development proposals, including access, residential amenity, the character and appearance of the surrounding area, nature conservation, agricultural land, building conservation and utilities and services. 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee Policy ENV1 - Seeks to protect and enhance the character and appearance of the countryside for its own sake and the landscape setting of villages and other urban areas. Clamp Wood to the south of The Hollies, along Frettenham Road is designated as an area of Ancient Woodland. Policy ENV6 is therefore considered applicable. This states that development which would significantly adversely affect areas of local nature conservation importance, county wildlife/category ‘C’ sites and ancient woodlands will not be permitted. Policy ENV22 - Development within mineral consultation areas will be determined after consultation with the County Council. Policy TRA3 - On routes identified as main distributor routes, access outside the defined development areas will only be permitted where it can be demonstrated that the route’s ability to carry traffic would not be impaired. Policy TRA4 - Development will not be permitted where it would endanger highway safety or the satisfactory functioning of the local highway network. In appropriate cases, a traffic impact study will be required. Policy CS17 - Noise levels will be taken into account in the determination of planning applications. Replacement Broadland District Local Plan. 7.4 The following policies are considered relevant: (RD)Policy GS1 - New development will normally be accommodated within the development boundaries. Outside these boundaries, development proposals will not be permitted unless they comply with a specific allocation and/or policy of the Plan. (RD)Policy GS4 - Sets out general considerations to be taken into account in all new development proposals, including access, residential amenity, the character and appearance of the surrounding area, nature conservation, agricultural land, building conservation and utilities and services. (RD)Policy ENV1 - Seeks to protect and enhance the character and appearance of the countryside for its own sake and the landscape setting of villages and other urban areas. 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee Policy TRA10 - On routes identified as main distributor routes, access outside the defined development areas will only be permitted where it can be demonstrated that the route’s ability to carry traffic would not be impaired. (RD)Policy TRA11 - Development will not be permitted where it would endanger highway safety or the satisfactory functioning of the local highway network. In appropriate cases, a traffic impact study will be required. Policy CS15 - Noise levels will be taken into account in the determination of planning applications. 8 ASSESSMENT 8.1 The main issues to be taken into account in consideration of this consultation are firstly whether the proposal complies with the relevant policies of the Development Plan, the Development Plan in this case being the Structure and Minerals Local Plans produced by the County Council and the Broadland District Local Plan, and secondly, the previous refused applications and Norfolk County Council's consideration of Broadland Council's previous objections to these. 8.2 In considering the first issue, the site is located to the west of the B1150 Norwich Road, which is the main road leading to the Parishes of Horstead and Crostwick, which are located to the north. The land subject to this application is generally level in form, with existing hedging on the majority of its boundaries, albeit at a relatively low height. 8.3 The site is located within an area of open countryside and is covered by Policy ENV1 of the adopted and replacement Broadland District Local Plan. Policy ENV1 of the Local Plan seeks to protect and enhance the character and appearance of the countryside, in accordance with Government guidance. The importance of protecting these areas are also recognised in the Norfolk Structure Plan, namely Policies CS7, ENV1 and ENV4. 8.4 It is considered that given the relatively flat nature of the landform, the position of the site adjacent to a number of roads (ie B1150 Norwich Road, C248 Frettenham Road, and U57184 Stanninghall Road, and the importance of the site in the wider landscape, that the proposed environmental bunding around the perimeter of parts of the site, some of which will be 6 metres in height, which is not characteristic to the generally flat landscape in the area, will represent an alien and intrusive features in the Broadland landscape, having a detrimental impact on the overall landscape quality, therefore conflicting with those policies of the Norfolk Structure Plan and Broadland District Local Plan which seek to restrict inappropriate development in these 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee areas. 8.5 In addition, given the proximity of the proposed extraction site to a neighbouring residential property (The Hollies) and the proposed substantial 5 metre high earth bund required around this property to mitigate any potential noise, it is considered that the proposed extraction will have a detrimental impact on the amenities of this property, thereby conflicting with Policy MIN6 of the Norfolk Structure Plan and Policies GS3 and GS4 of the adopted and replacement Broadland District Local Plan. 8.6 In addition, strong concern is expressed towards the total number of vehicle movements to and from the site and the fact that the main B1150 Norwich Road is shown as a main distributor route in the Broadland District Local Plan. It is estimated that the total number of vehicle movements to and from the site could be in the region of 76 per day, with the proposed route of the majority of this travelling along the B1150 in a southerly direction. Strong concern is expressed towards the impact this will have on the surrounding parishes within the Broadland administrative area (ie Frettenham, Crostwick, Spixworth, Old Catton and Sprowston). 8.7 In dealing with the second issue, this Council objected to the previous applications submitted in 2002 and 2003 on similar grounds to those referred to above. However, although these applications were subsequently refused planning permission by Norfolk County Council as Mineral Planning Authority, these were only refused on the grounds that there was a lack of need for the site and its reserves, and not on the impact on the landscape, the amenities of neighbouring properties or highway safety. 8.8 In considering this further, Norfolk County Council acknowledged that there would be a change in the character of the landscape. However, the landscape impacts were not considered in their opinion to be so significant to be unacceptable in the context of Minerals Policy MIN 3. 8.9 With regard to impact on the amenity of residents in and around the site, although the potential local impacts were recognised, subject to the proposed mitigation measures and adequate conditions, it was not considered that the impacts would be such as to justify a refusal of planning permission in the context of Minerals Policy MIN 6. 8.10 As far as the consideration of this Council’s concerns over highway issues, it was considered that taking into account the volume and nature of traffic expected to be generated by the development, the width and alignment of the B1150, the proposed changes to the access and access junction and the nature of the accident history of the local road network, that it was considered that the development would not have resulted in a significant degradation of highway safety. 20050488 Land adj Norwich Road, Horstead 15 June 2005 Planning Committee 8.11 In considering this Council’s response to the current application, although the overall scale of the proposal has been reduced from the first application and is the same as the latter application now subject to appeal, it is maintained that the proposal will have a harmful impact on the Broadland area for the reasons originally proposed, which included a further comment that this Council would object to any application for the site being used for landfill purposes in the future. It is therefore recommended that this Council maintain its objection to the principle of this proposal. 9 RESOURCE IMPLICATIONS 9.1 There are no resource implications arising from this proposal. 10 LEGAL IMPLICATIONS 10.1 There are no legal implications arising from this proposal. 11 RECOMMENDATION 11.1 The Committee is RECOMMENDED to raise an objection to the principle of the proposal and advise Norfolk County Council of the comments referred to in this report and in particular section 8 above. Mr P Geraghty Head of Planning & Conservation Background Papers Planning application 20020647 – Consultation papers and application from Norfolk County Council. Planning application 20031258 – Consultation papers and application from Norfolk County Council. For further information on this report please contact Nigel Harriss on (01603) 430529. 20050488 Land adj Norwich Road, Horstead 15 June 2005