DEPARTURE HEARING REPORT FOR:
APPLICATION REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT
REF: 03/03554/EEIA
SITE ADDRESS:
MELVILLE GATES LADYBANK CUPAR
PROPOSAL :
EXTENSION TO EXISTING QUARRY FOR SAND AND GRAVEL
EXTRACTION AND RESTORATION TO AGRICULTURAL LAND
APPLICANT:
ANGLE PARK SAND AND GRAVEL CO LTD MELVILLE GATES
QUARRY LADYBANK FIFE
CONSULTATIONS
Transportation Services
Archaeology
Environmental Services-East
Scottish Environment Protection Agency
Scottish Executive Development Dept
Scottish Natural Heritage
Scottish Water
Historic Scotland
The Burgh of Ladybank and District CC
Referred to BEAR Scotland - No increase in
traffic
- No significant change to cement
operations.
No objections subject to mitigation scheme/
watching brief
Comments
on
appropriate
mitigation
measures/amenity issues.
No objections
Clarification of impact on natural habitat and
wildlife
No objections, amendments required to slopes
proposed for restoration scheme.
No objections
Potential impact on listed building
No comments received
REPRESENTATIONS
A total of 8 objections and representations have been received, including a petition signed
by 42 signatories on the following grounds:
- Contrary to Development Plan
- Right of Way affected
- Proximity of building to site boundaries
- Plans inaccurate
- Detrimental to residential amenity
- Noise disturbance
- Late night-early morning activity
- Loss of daylight
- Increase in traffic generation
- Construction traffic will cause problems
- Surface water drainage concerns
13 letters of support have also been received citing benefits to local employers and
businesses.
STATUTORY POLICIES AND APPROVED GUIDANCE
Development Plan
Fife Structure Plan 2002
Policy R1 Safeguarding of Mineral Resources
Policy R2 Making Mineral Extraction More Sustainable
Policy R3 Mineral Extraction
Policy R4 Construction Aggregates
North East Fife Minerals Subject Local Plan 1994
General Minerals Policies
Policy G1 Protection of Mineral Reserves
Policy G2 Constraints to Mineral Extraction
Policy G3 Archaeology
Policy G9 Impact of Mineral Workings on Adjoining Settlements
Sand and Gravel Specific Policies
Policy SG1 Restoration and Afteruse
Policy SG2 Preferred Areas
Policy SG5 Supply and Demand
Fife Minerals Subject Local Plan Finalised Plan 2002
Policy Min 6 Provision and Maintenance of Landbank for Minerals
Policy Min 9 Economic Impact
Policy Min 15 Noise Dust Blasting and Light Nuisance
Policy Min 19 Restoration and Aftercare of site
Policy Min 20 Provision of Bond to secure restoration
Policy Min 23 Footpaths Cycleways and Bridle ways
Policy Min 24 Loss of Prime Quality Agricultural Land
Policy Min 25 Landscape and Countryside
Policy Min 27 Environmental and Monitoring Audits
Policy Min 28 Standard of Operators Environmental Achievements
Policy Min 30 Annual Mineral Supply Audit
Cupar and Howe of Fife Local Plan 2003
Policy COU 16 Protection of Mineral Deposits
Policy BE 18 Provision to Investigate and Record Archaeological Sites
Policy BE 13 Proposals Affecting Listed Buildings
National Guidance
SPP1 The Planning System
NPPG 4 Land for Mineral Working(Amended 2001)
NPPG 5 Archaeology and Planning
PAN50 Controlling the Environmental Effects of Surface Mineral Workings.
PLANNING SUMMARY
1.0 Background
1.1 The purpose of this report is to advise Members of the details of this application. As the
application is a potential departure from the Development Plan (Policy SS1 of the Fife
Structure Plan 2002, and Policy COU 1 of the Cupar and Howe of Fife Local Plan 2003 )
and there are more than 10 objections, a hearing into the application is required. This report
therefore describes the background and processing of the application only. My assessment
of the proposal and my recommendation will be placed before a subsequent meeting of the
East Area Development Committee.
1.2 The proposal is for the extension of an existing sand and gravel quarry to the north of
Ladybank. The application due to its scale and location close to residential properties and
environmental impact has been processed under the Environmental Impact Assessment
legislation.
1.3 This application relates to the extension of the existing sand and gravel quarry at Angle
Park to the north of Ladybank adjacent to Annsmuir Caravan Park. The applicants have
extracted sand and gravel from Melville Gates since 1971 with extraction works commencing
from the north end of the site adjacent to the A91. Additional planning consents have been
granted since that date permitting further extensions of sand and gravel extraction to the
south of the site.
1.4 Planning consent 01/91/1268P approved in August 1995 stipulated that mineral
extraction should be completed within 8 years unless otherwise agreed in writing with the
planning authority.
1.5 The current consent for mineral extraction was granted in 1995 (01/91/01286P). This
consent related to land to the east of the application site and relates to an area of 28
hectares, with an estimated mineral reserve of 1.25 million tonnes of sand and gravel in a
bed 3 to 6 metres deep above the water table.
1.6 The current proposal is for the extension of the existing quarry to be worked on the same
basis as the existing site i.e. dry working only with no extraction below the water table. The
proposed area would extend to 13.3 hectares with an anticipated yield of 700,000 tonnes of
sand and gravel. The excavated mineral would be transported to the applicants’ existing
processing plant via the existing ground level conveyor system which would be extended to
serve the new site. The processed mineral would then be distributed by road utilising the
existing haul road and site entrance. The applicants anticipate the volume of traffic would be
at the same level as that currently generated by the site.
Proposed method of extraction
1.7 The applicants propose to remove the topsoil with a bulldozer and scraper box. The
proposed extension would be worked in progressive phases to minimise surface area taken
out of agricultural use. The top soil would be stored within the site to be used for the phased
restoration of the site. The mineral would be extracted in four phases Appendix D1 of the
accompanying environmental statement refers. Appendix D2 illustrates the direction and
phasing of the soil handling operations.
1.8 In addition to the extraction works other operations would be undertaken if consent were
granted, namely:
a) Diversion of underground power line within phase A of the works
b) A 1.8 metre high vertical slat fence would be erected in two locations along the boundary
of the site. Diagonally across the south west corner of the site; and a 160 metre long fence of
similar construction to that noted above to screen the outlook from the caravans located at
the southern edge of the caravan site. The applicants indicate they would discuss the timing
of the erection of the fence with the owners of the caravan park.
c) Temporary diversion of the field access track. The north section of the access track along
the eastern boundary would be diverted 60 metres to the south as indicated in Appendix D1
d) Boundary and field fences would be maintained until immediately in advance of the works
to each section of extraction. Fencing would be installed along the site boundary with the
access track to the applicants’ farm outbuildings.
e) Bunding to screen the development from neighbouring residents is also proposed.
1.9 The rate of extraction works can be summarised as follows
Phase A: 181,435 tonnes of mineral extracted over a period of 1.5 years
Phase B: 132,310 tonnes of mineral extracted over a period of 1.5 years
Phase C1/C2: 303,795 tonnes of mineral extracted over a period of 3 years.
The applicants intend to extract mineral simultaneously from both phase C1 and C2 to
facilitate the blending of coarser and finer mineral to provide a more uniform mix.
1.10
The extension of the quarry would secure the continued employment of the existing
driver of the excavator, and the other four staff at the processing plant.
1.11 Following completion of the extraction works the applicants propose to restore the site
to agriculture with the banks at the edge of the excavation regraded and landscaped with
grassland and copses of coniferous woodland. The methodology for the restoration is
detailed in section 8 of the accompanying environmental statement.
2.0 Planning Issues
2.1 As this is a report for a hearing regarding a departure from the development plan, this
section identifies the planning issues only and does not include any assessment of those
issues or recommendation.
2.2
The issues can be separated into the following headings:
Status of the Development Plan
2.3
The application site is designated as countryside. Policy COU 1 of the adopted
Cupar and Howe of Fife Local Plan 2003 states that the Council will not support development
proposals unless they relate to agriculture, forestry, mineral working, outdoor recreation or
other uses which must have a countryside location.
2.4
The site is not located within a settlement and therefore falls to be considered
against the policies relating to development in the countryside.
2.5
As the application is for mineral development the provisions of the North East Fife
Mineral Plan 1994 and the Minerals policies of the Fife Structure Plan 2002 are also relevant
in this case.
Fife Structure Plan 2002
2.6
Policy R1 seeks to ensure that mineral resources that are or maybe of commercial
interest are safeguarded from development which would sterilise the possibility of future
exploitation of that resource. Policy R2 encourages the sustainable use of resources to meet
local need rather than import minerals to Fife. Policy R3 establishes the criteria against which
mineral extraction will be assessed. Six criteria are specified
a) mitigation of negative effects of noise, dust and vibration, ensuring they do not exceed
acceptable levels;
b) minimisation of the visual intrusion and impact on the landscape;
c) prevention of significant adverse impact on the built environment;
d) the separation of working faces and settlements
e) practicable proposals, secured by a financial bond, for development monitoring, site
restoration and an aftercare scheme to achieve a planned after use; and
f) measures for water courses that will prevent pollution, sedimentation and flooding
2.7
Policy R4 Construction Aggregates establishes the need to ensure that new
developments do not exceed the assessed landbank for mineral resources.
2.8
Policy E7 seeks to protect tourist developments from adverse development. This
proposal needs to be assessed against its potential impact on the adjoining caravan park.
2.9
The North East Fife Minerals Subject Local Plan 1994 has been superseded by the
Fife Minerals Subject Local Plan 2004. As this plan was adopted in February 2004 after the
submission of the application the North East Fife Mineral Plan policies are material to this
proposal. The policies incorporated in the 2004 Mineral Subject Plan were however detailed
in the Fife Minerals Subject Local Plan (Finalised Plan May 2002) which was a material
consideration at the time of the application being submitted.
General Mineral Policies
2.10
Policy G1 reflects the provisions of the Fife Structure Plan to protect workable
mineral reserves from sterilising development. Policy G2 establishes the amenity criteria
against which mineral applications will be assessed, principally it reflects the provisions of the
Structure Plan policy R3. Policy G3 seeks to ensure any archaeological sites existing, or
discovered which are affected by minerals operations are protected or recorded. Policy G9
sets out criteria for assessing minerals close to residential development and settlements.
2.11
Additional policies refer specifically to sand and gravel extraction. Policy SG1
Establishes the principle that the restored sand and gravel works should be restored to
agricultural use. Policy SG2 Defines those areas where there is a presumption in favour of
mineral extraction. The proposed site is within the preferred area. Policy SG5 seeks to
ensure that proposals will be assessed against predicted supply and demand for those
mineral resources.
Fife Minerals Subject Local Plan Finalised Plan 2002
2.12
Policy Min 6 ensures that a ten year landbank of mineral resources is maintained.
Policy Min 9 stipulates that minerals proposals must not have a detrimental impact on the
Fife economy. Policy Min 15 Specifies that mineral extraction should ensure that any
detrimental effects on residential amenity are minimised and that extraction should comply
with the provisions of Planning Advice Note 50 on surface mineral extraction with specific
reference to noise, dust, blasting and light nuisance. Policy Min 19 seeks to ensure
appropriate standards of restoration and aftercare. Policy Min 20 provides a policy framework
against which to secure restoration through bonds and legal agreements. Policy Min 23
seeks to ensure any footpaths and cycleways or other routes are preserved or measures put
in place to restore original routes after works cease. Policy Min 24 establishes the principle
that prime quality agricultural land should be restored to its original standard following
mineral extraction. Policy Min 25 Requires that proposals for mineral extraction should
provide a justification against the Fife Landscape Character Assessment. Policy Min 27
Requires developers to submit regular monitoring and environmental and technical
information. Policy Min 28 makes provision for developers to establish their track record and
achievements in relation to restoration and environmental issues. Policy Min 30 requires
developers to submit information on individual sites covering issues including; production
figures; remaining reserves; market area served.
Cupar and Howe of Fife Local Plan 2003
2.13
The minerals policies in the Cupar and Howe of Fife Local Plan 2003 reflect the
provisions of the policy documents noted above. Policy COU 16 protects workable mineral
deposits; Policy BE 18 makes provision to investigate and record archaeological sites, and
Policy BE 13 seeks to ensure protection of proposals affecting listed buildings.
National Guidance
2.14
SPP1 "The Planning System" sets out central government policy in relation to land
use and accommodating development while protecting the environment. NPPG 4 Land for
Mineral Working (Amended 2001), provides guidance on locational and operational
considerations of mineral workings and policy guidelines for individual minerals. In general, it
is recognised that the need to work mineral resources must be reconciled with care for the
environment in order to attain sustainable development, particularly in relation to the natural
and built heritage and existing communities. PAN 50 sets out best practice in relation to the
environmental impact of surface mineral workings. NPPG 5 Archaeology and Planning
establishes best practice for addressing the issues arising where Archaeology is present
within a site.
It will be noted from the Environmental Statement only the policies of the Fife Structure Plan
1994 (superseded) and of the Fife Minerals Subject Local Plan Finalised Plan May 2002
have been referred to in the applicants’ statement.
Residential Amenity
2.15
The site is within an area where there is a presumption in favour of mineral
extraction however it is also in close proximity to existing residential and holiday
accommodation. Annsmuir Caravan Park contains a permanent residential population as
well as holiday accommodation. Residential properties are also located to the south of the
site at Annsmuir house and steading and Annspark and Melville Muir.
2.16
The applicant is proposing to extract the sand and gravel in a phased operation as
indicated in Appendix D1 of the EIA. A timber fence would be erected along the southern
boundary of the caravan park as well as tree planting and another fence at the south west
corner of the site. A stand off of 20 metres would be maintained along the western boundary
of the site with the golf course. A triangular section of land would also be maintained to the
west of Annsmuir House and steading which would be planted with a copse. In addition, a
10 metre stand off of land would also be maintained along the southern boundary with
Annsmuir House to the edge of the quarry area.
2.17
Environmental Services have recommended limits to noise generated by operations
at the site. In summary, normal extraction operations should be restricted to 55dBLaeq at any
adjacent noise sensitive premises and 65 dBLaeq at the boundary of the adjacent golf
course. Soil removal, mound formation and restoration measures should restricted to no
more than 8 weeks in any one year, with plant and machinery in operation during this period
limited to not exceed 70 dBLaeq at any adjacent noise sensitive property. Temporary
bunding/fencing is proposed to mitigate the noise impact with respect to Annspark, Melville
Muir, and Annsmuir Caravan Park. Notwithstanding Annspark and Melville Muir are in the
applicants’ ownership they are considered to be noise sensitive premises.
2.18
The applicants propose to use "white sound" reversing alarms on plant during
extraction. Hours of operation can also be restricted by condition.
2.19
ES recommend all dust mitigation measures proposed by Glentoal Associates be
carried out in full.
Visual Amenity
2.20
SNH consider that the steep slopes around the boundaries of the restored site would
be incongruous features in the landscape, shallower slopes are suggested. They have no
objection to the scheme from a visual amenity perspective, provided the restoration scheme
is carried out in full subject to the above modification.
2.21
Historic Scotland while not objecting in principle to the proposal suggest additional
screening to protect the setting of the category B listed horsemill at Annsmuir.
Ecology
2.22
SNH are satisfied in terms of the proposed restoration, mitigation and aftercare set
out in the EIA, and recommend they are carried out in full. The Scottish Executive
Environment Group recommend a Phase 1 Habitat Survey be carried out to assess the
issues raised by the development with particular reference to Bats. In addition they
recommend any additional planting carried out on site should favour conifers to further
enhance the area which has a colony of red squirrels.
Road Safety
2.23
As no additional traffic is proposed to be generated from the development BEAR
Scotland as trunk roads authority has no objection to the development.
Hydrology and Drainage
2.24
As the excavation is not being taken down below the water table neither Scottish
Water nor SEPA have any objection to the proposal.
Rights of Way
2.25
Two rights of way are within the boundaries of the site. The access track to be re
routed is a private road over which private rights of access will be maintained as required by
other legal obligations. The repositioning or temporary removal of the route of any right of
way will require a formal Right of Way Diversion Order.
Objections and Representations
2.26 The material issues raised by objectors relate to the following issues:
i) Noise
ii) Dust
iii)Vibration
iv)impact on wildlife
v) lack of advance screening
vi) impact on listed building
vii)working hours unreasonably long
viii) rights of way
viiii) contrary to development plan
ix) inaccuracies in plans
RECOMMENDATION:
Members are asked to note the terms of this report. A recommendation will be presented to a
subsequent meeting of the Area Development Committee.
BACKGROUND PAPERS
The documents, guidance notes and policies referred to in “Statutory Policies and Approved
Guidance”.
Report prepared by Alastair Hamilton, Principal Planner