Officers Report_(Planning) - Flintshire County Council

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OFFICERS REPORT - DELEGATED
Ref No:
052700
Case Officer:
Mr N Parry
Proposal: Application for the approval of details reserved by condition 20
(Ecological and Geological/geotechnical compliance audit scheme) attached to
planning permission ref: 050695
Location:
Cambrian Quarry, Gwernymynydd
Applicant:
ASH Resource Management Ltd, Valeway Ltd Ltd
Date Valid: 19 September 2014
Expiry Date: 14 November 2014
Consultation & Responses
Local Member: Councillor Nancy Matthews: Accepts this proposal.
Community Council: Gwernymynydd Community Council: No comments to date.
Environment Planning Ecology: The Ecological and Geotechnical compliance audit
schemes are satisfactory. Copies of any audits as soon as they are undertaken
would be useful to pick up on issues/results, for example, how many amphibians
were translocated.
Natural Resources Wales: Consider the submitted proposals to be satisfactory.
Clwyd Bat Group: No comments to date.
Clwyd Badger Group: No comments to date.
North East Wales Wildlife Trust: No comments to date.
NEWRIGS (& Biological Science): No comments to date.
Planning Appraisal:
The application to approve details required by condition 20:
Prior to the commencement of development, an Ecological and
Geological/geotechnical compliance audit scheme shall be submitted in writing to
the Local Planning Authority for written approval. The approved scheme shall clearly
set out the various ecological operations and other geological and geotechnical and
vibration monitoring that need to be carried out during the life of the development
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and duration of operations approved by this permission, together with appropriate
timescales for works to be carried out.
The proposed development at Cambrian Quarry involves the infilling of the existing
quarry void which will be restored to broadleaved woodland on completion of the
works. To enable the restoration to take place it will be necessary to construct a
new access road for vehicle access onto the quarry site. The construction of this
new access road will result in damage and disturbance to a potential entrance to the
underground system that is used by hibernating lesser horseshoe bats together with
small numbers of other species. This work which has the potential to impact on the
SSSI will be carried out under licence from Natural Resources Wales. The
construction of the new access road will also result in the destruction of a single
entrance badger sett which will be carried out under licence from Natural Resources
Wales. The infilling of the existing quarry void will result in the loss of a pond which
is used for breeding by great crested newts and other amphibians and the
translocation of animals will be carried out prior to the pond being lost under licence
from Natural Resources Wales.
The presence of several invasive, non-native plant species have been revealed by
surveys carried out over the last 7 to 8 years. There are also potential issues over
biosecurity generally as there is a potential for bats and amphibians to be negatively
affected by pathogens. As a result of this a Biosecurity Risk Assessment has been
produced which will be required to be implemented from the onset and throughout
the lifetime of the works on site. A Management Plan is required to be produced by
the end of October, 2014 due to the importance of this site which was designated a
SSSI. This management will cover the active lifetime of the project plus a further 15
years of management commitment.
The Geological/geotechnical compliance audit scheme is required to demonstrate
compliance with the geological and geotechnical monitoring requirements of the
Planning Permission, during the life of the development.
Environment Planning Ecology advised that the Ecological and Geotechnical
compliance audit schemes are satisfactory. Copies of any audits as soon as they
are undertaken would be useful to pick up on issues/results, for example, how many
amphibians were translocated. In response to these recommendations made by
Environment Planning Ecology the Local Planning Authority wrote to the applicant to
request that the applicant confirm in writing that they are willing to incorporate these
recommendations into the Ecological and Geotechnical compliance audit schemes.
The applicant agreed to this in writing and the letter then formed part of the
submission required by Condition 20 of Planning Permission 050695.
The Ecological and Geological/geotechnical compliance audit scheme meets the
requirements of Condition 20 above. The Ecological and Geological/geotechnical
compliance audit scheme is therefore hereby approved by the Local Planning
Authority prior to the commencement of development and is to be fully implemented
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throughout the life of the development and aftercare/management period, as
required by Condition 21.
Recommendation Code: /
In pursuance of their powers under the above Acts and Order the County Council as
Local Planning Authority hereby: APPROVES Condition 20 of 050695.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Notes to Applicants
1. This permission relates to the following particulars received by the Local Planning
Authority on 19th September, 2014.
-
Condition 20 scheme letter dated 19th September, 2014.
Ecological Compliance Audit dated September, 2014.
Geological and Geotechnical Audit dated September, 2014.
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.
Date of Recommendation: 1st December, 2014.
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