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 1 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 2 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. 3