Agenda item

The Committee considered a part-retrospective County Matter planning application for the operation of a mortar batching plant, erection of associated silo storage units and aggregate bins and vehicle repairs workshop at Wildmoor Quarry, Sandy Lane, Wildmoor, Near Bromsgrove, Worcestershire.

 

The report set out the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

 

The report set out the Head of Strategic Infrastructure and Economy’s comments in relation to Green Belt, Landscape character and visual impacts, Residential amenity (air quality, noise, vibration, and dust), Traffic, highway safety and impact upon Public Rights of Way, Water environment, Ecology and biodiversity and Other Matters – Economic Impact, Heritage Impacts, Infrastructure Assets, Consultation and Monitoring and Enforcement.

.

The Head of Strategic Infrastructure and Economy concluded that the proposed development would be located wholly within the West Midlands Green Belt. It was considered that the development as a whole would constitute inappropriate development within the Green Belt. Inappropriate development was, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

 

It was understood that a key market and use for the type of sand (solid sands deposits) at Wildmoor Quarry was for the production of mortar, and sand was the largest constituent material used in the production of mortar. The Head of Strategic Infrastructure and Economy considered that the mortar batching plant would be an ancillary operation to the existing and long-established Wildmoor Quarry, involving the processing of at least 55% of the sand arising on site, being co-located and providing 'added value' to the wider mineral extraction operations at the site. Furthermore, it was considered that the proposal would provide a small number of direct employment opportunities (approximately 23 employees), as well as substantially contributing to the wider growth aspirations for the county through the supply of local mortar to the construction market.

 

Consequently, the Head of Strategic Infrastructure and Economy considered that, on balance, the other considerations in this case outweighed the harm to the Green Belt. Considering the case as a whole, it was considered that very special circumstances existed which justified the development. The Head of Strategic Infrastructure and Economy considered that should planning permission be granted, conditions should be imposed requiring the removal of the building and associated plant and machinery within 12 months of cessation of extraction at Wildmoor Quarry; a limit to the amount of imported sand for the production of mortar to a maximum of 33,750 tonnes per annum (45% of 75,000 tonnes); and given the Green Belt location, restrict the permitted development rights for the installation of fixed plant and equipment above 10 metres in height on site.

 

With regard to visual impacts and landscape character, the Head of Strategic Infrastructure and Economy considered that given the location of the development within the quarry void and being well screened by mature trees and hedgerows along the northern and eastern boundary, and intervening structures and plant associated with the Top Yard from views from Sandy Lane (A491), it was considered that the proposal would not have an adverse impact upon the character and appearance of the local area. Whilst views into the site were visible from along the Public Right of Way (Footpaths BB-675 and BB-676) and farmsteads located to the south and south-west of the quarry, it was considered that these were distant, transient and seen in the context of an operational quarry.

 

In view of this, the Head of Strategic Infrastructure and Economy considered that subject to the imposition of appropriate conditions, the proposed development would not have an adverse or detrimental impact upon the character and appearance of the local area.

 

Worcestershire Regulatory Services had been consulted and had raised no objections in respect of air quality, noise, vibration or dust impacts, and confirmed that the site benefited from an Environmental Permit regulated by them, which controlled emissions to air including dust emissions. Public Health England and the Environment Agency had also both raised no objections to the proposal. Based on this advice, and due to the location of the application within the void of Wildmoor Quarry, it was considered that, subject to the imposition of appropriate conditions there would be no adverse air quality, noise, vibration or dust impacts on residential amenity or that of human health.

 

The applicant had confirmed that the proposal generated a total of approximately 80 HGV movements and 46 staff car movements per day (40 HGVs and 23 staff cars entering the site and 40 HGVs and 23 staff cars exiting the site). These HGV movements included mixer lorries, and mineral and cement imports to the site. In addition, 1 HGV load per month of admixtures was imported to the site. The applicant had confirmed that the vehicle repairs workshop did not in itself create vehicle movements. The County Highways Officer and County Footpath Officer both raised no objections to the proposal. In view of this, the Head of Strategic Infrastructure and Economy was satisfied that the proposal would not have an unacceptable impact upon traffic, highway safety or users of the Public Right of Way, subject to the imposition of appropriate conditions.

 

Based on the advice of the Environment Agency, North Worcestershire Water Management and Severn Trent Water Limited, it was considered that there would be no adverse effects on the water environment, subject to the imposition of appropriate conditions.

 

Natural England and the County Ecologist had both raised no objections to the proposal. In view of this, it was considered that subject to the imposition of appropriate conditions, the proposal would not have an unacceptable adverse impact on ecology and biodiversity at the site or on the surrounding area.

 

Taking into account the provisions of the Development Plan and in particular Policies BDP1, BDP4, BDP13, BDP15, BDP16, BDP19, BDP20, BDP21, BDP22 and BDP23 of the Adopted Bromsgrove District Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

The representative of the Head of Strategic Infrastructure and Economy introduced the report and commented that the batching plant would be 10 metres not 6.55 metres high as indicated in the report. In addition, the first highways condition referenced in the report should be listed as condition o) with the following conditions subsequently changed. Members had visited the site and observed the location of the development, the existing access, the nearest residential properties and the public footpath. Members were also shown a photograph of the view of the site from the Public Rights of Way adjacent to Orchard Farm.

 

Mr Danks, an objector to the proposal addressed the Committee, he commented that this application was not centred on sand extraction but the commercial production of mortar – ‘a secondary process’. In addition to intentionally constructing a considerable concrete base area (1.2 hectares) to support his operations at an elevated level of 160 metres A.O.D, the applicant had constructed a range of buildings to house his plant and production facilities. Included in the retrospective application was an application for a previously constructed workshop extension for use with the mortar plant plus an additional ‘back up’ plant.

 

He added that paragraph 145 of the NPPF stated that ‘a local planning authority should regard the construction of new buildings as ‘inappropriate development in the Green Belt’. The list of exceptions given in the NPPF did not include the types of buildings erected at Wildmoor Quarry. The development was also not in accordance with Bromsgrove District Council’s Policy BDP4.

 

Wildmoor Residents’ Association considered that the ‘very special circumstances’ listed in the application were insufficient to justify the scale and extent of the development proposed. When taken altogether the erected buildings and concrete expanse at 160 metres A.O.D. directly affected the openness and permanence of the Green Belt and caused harm to it. The reasons put forward by the applicant regarding very special circumstances were flawed.

 

The mortar production plant and the mixing process required the importation of sand from other quarries to make it commercially viable. This could only increase given the dwindling reserves at Wildmoor Quarry. Currently 45% of the sands used (developer’s statement) were imported from Bridgwalton in Shropshire. This required each delivery HGV to do a round trip of over 50 miles to supply sand to Wildmoor. This importation of sand via the ‘A’ road network was at odds with the currently emerging Worcestershire Minerals Plan and its Transport Policy MLP 29. The applicant also intended to supply Wildmoor Quarry directly with sand from its nearby Chadwich Lane Quarry, should an existing application for permission be granted.

 

The developer stated that his plant produced 300 cubic metres of mortar per day which then had to be transported via local roads and the transport network. This was in direct conflict with the Objectives MO2, MO3 and MO4 of the emerging Minerals Local Plan. Supply HGVs. brought materials into the quarry including bulk cement in tankers. The combined effect of all of these HGV movements had already had an adverse impact on local roads. The applicant’s transport policy was not assessed, examined in detail or properly explained and was flawed.

 

The application had given no indication as to how long it was proposed that a mortar production plant would be operational on this site. Given the applicant’s intention to progress the importation of sand from other sites, the inference was that mortar production would be continued indefinitely and grown in manufacturing output.

 

He concluded that given the scale and impact of the development so far constructed and proposed on this Green Belt site, it was considered that this mortar production plant would not be an ancillary operation to the extraction of sand but become the dominant industrial operation.

 

There were no subsequent questions raised by the Committee for Mr Danks.

 

Mr Parton (applicant) and Mr Hume (agent) did not address the Committee but were available to answer questions. The following queries were raised with them:

 

·         Did the large-scale production of mortar necessitate the use of additives? Mr Parton responded that very small quantities of additives were necessary. The wash out facility was totally enclosed and would not result in any contamination of the aquifer

·         How did the applicant propose to reduce the amount of debris deposited on the highway? Mr Parton indicated that the road was currently concreted from the bottom of the slope all the way round the mortar processing plant. All vehicles were washed off before they left the site. It was intended that all vehicles leaving the site would drive along the top of the site across concrete hardstanding. If that did not work then he would consider concreting the ramp access.

 

The local councillor commented that Wildmoor Quarry had been in existence as a sand quarry since before the Second World War. In the mid 1960’s, the quarry base had reached an excavated depth of approximately 150 metres A.O.D. The intervening period had seen the general quarry ground level raised by uncontrolled back filling. The current owner of the site purchased the Wildmoor Quarry site in 2016 and had constructed and operated a mortar production plant from there since 2017 without submitting any planning application until now. All the recent and current quarry owners had had a ‘laissez-faire’ attitude towards operating within legal business constraints and planning law requirements. The applicant had committed two planning breaches by commencing development and operation of his mortar production plant and processing plant without permission.

 

She added that paragraph 117 by the Head of Infrastructure and Economy states that – ‘On the 31 August 2015 the then Department of Communities and Local Government Chief Planner sent a letter to Chief Planning Officers which enclosed a statement which set out revisions to National Planning Policy to make intentional unauthorised development a ‘material consideration’ when determining appeals and retrospective planning applications’. It was noted that Fairfield and Belbroughton, Bournheath and Hagley Parish Councils all objected to the retrospective and part retrospective planning applications. In addition, Bromsgrove District Council objected to the development due to the adverse impact on the Green Belt and being contrary to Policy BDP4 of the Bromsgrove District Plan and paragraphs 143, 144, 145 and 146 of the NPPF. The CPRE objected to the proposal on the grounds that of adverse impacts upon the Green Belt, open countryside and traffic.

 

She commented further that in addition to other objections – whilst the applicant argued that the effect of the development and that of a 16 metre high processing plant with six lighting columns – ‘would be set below the surrounding ground level and be less conspicuous in its location’ – it then acknowledged that the structures would be - ‘visible from viewpoints around the site’. This argument did not outweigh the harm it would cause to the Green Belt and at 16 metres high and lit for operational needs, this plant would seriously compromise the openness of the Green Belt.

 

The Head of Strategic Infrastructure and Economy had concluded in his report that – ‘Therefore it is considered that the proposal as a whole would not fall within the categories of development set out in Paragraph 145 of the NPPF’.  The Head of Strategic Infrastructure and Economy also stated that the – ‘proposed development for a mortar batching plant for the utilization of minerals, which is an industrial process (secondary process), it is considered this is over and above what is necessary to facilitate the extraction of minerals from the site. Whilst the development includes the extension of the yard area, which is an engineering operation, it is noted that it also includes substantial external fixed structures and plant, increasing the built appearance of the quarry and impacting upon the openness of the Green Belt’. The Head of Strategic Infrastructure and Economy had concluded that – ‘the development as a whole would also not fall within the categories of development set out in Paragraph 146 of the NPPF, and would constitute inappropriate development within the Green Belt’. Having visited the site and viewed the landscape and considered the impact that the existing development had upon the landscape, she disagreed with the conclusions of the Head of Strategic Infrastructure and Economy when he stated that – ‘on balance the other considerations in this case outweigh the harm to the Green Belt’, and that - ‘it is considered that very special circumstances exist which justify the development’. His justification for these conclusions was that - a) ‘The mortar production plant would be an ancillary operation to the existing and long established Wildmoor Quarry, involving 55% of the sand arising on site’ and b) this mortar production ‘being co-located and providing ‘added value’ to the wider mineral extraction operations at the site’  Having viewed the site and seen the existing vehicle movements and site function in operation it would appear that the mortar production development was anything but ancillary and that with the proposed processing plant fully constructed it would be a considerable factory scale industrial development in the Green Belt with sand extraction being the lesser operation.

 

She also noted that the Head of Strategic Infrastructure and Economy had listed some 27 Conditions in his Recommendation, one of which was that – ‘ no fixed plant or equipment exceeding 10 metres in height, shall be erected, extended, installed or replaced on the site hereby permitted’. It seemed that he was appreciative that this industrial plant would cause harm to the Green Belt and its openness and should be required to be limited in height. In doing so he was partly, but not wholeheartedly, acknowledging the concerns expressed against this development being permitted.

 

Whilst mineral extraction in the Green Belt was not inappropriate development in the Green Belt, it was however considered a ‘temporary’ form of development with a restoration of the mineral plan and land reinstatement once sand extraction and the ROMP completed. However, these retrospective applications were concerned with the continued importation of sand from other quarries (45% currently) and with the industrial ‘secondary process’ of mortar production. The timescale for this application was only quantified by the applicant saying that ‘when sand extraction at the quarry is completed mortar production will cease’. This statement was disingenuous as it was also intended to continue the importation of sands from other sites. This contradiction implied that he would be able to maintain mortar production on this site indefinitely or to a timescale of the applicant’s own choosing. Therefore, on behalf of the residents of Wildmoor and surrounding villages, she objected to the application.

 

In the ensuing debate, the following points were raised:

 

·         The existing community liaison arrangements at this site were queried. The representative of the Head of Strategic Infrastructure and Economy responded that the extant wider permission for the quarry did not have a condition to establish such a group. Local residents had initiated an informal community liaison group with officers from Bromsgrove District Council and the County Council but the applicant had not been invited to those meetings. Approximately 3 meetings were held per annum. He would not object to more formal meetings being established and with the applicant invited. The Planning Inspectorate often did not consider the establishment of community liaison groups as appropriate conditions as they were unnecessary to make developments acceptable and would therefore fail the test of conditions. Such a condition had previously been imposed on larger scale mineral extraction or landfill applications and he would not object to such a condition in these circumstances

·         Was there a precedent elsewhere whereby a quarry’s primary activity was as a batching plant? The representative of the Head of Strategic Infrastructure and Economy responded that concrete batching plants were very common on quarry sites, for example at Clifton and Ryall House Farm quarries in the county

·         The damage to the Green Belt had been done when the original permission for the quarry was granted in the 1930s. The quarry was a blemish on the landscape but residents had moved to the locality in the knowledge that the quarry was in operation. This application made the appearance of the landscape marginally worse but on balance the marginal harm to the Green Belt was outweighed by the need to produce mortar for the expanding building industry

·         Residents had expressed concerns that the applicant would not comply with planning restrictions but this was not a basis on which permission could be refused. The representative of the Head of Strategic Infrastructure and Economy added that the Monitoring and Enforcement Officer made regular chargeable and informal visits to this site. The number of chargeable visits was reviewed annually. It was intended to increase the number of visits to this site

·         The proposed quarry at Chadwich Lane, approximately a mile from the application site, would enable sand to be delivered from a local source instead of being transported from Shropshire

·         The local councillor requested that if permission was granted a condition be added to ensure that the A491 was cleaned. The representative of the Head of Strategic Infrastructure and Economy responded that arrangements were being considered whereby the County Council, under the Highways Act, would recharge the applicant for this work already carried out. In addition, a condition was proposed to prevent debris being deposited on the highway

·         It was queried how both applications at this site were linked. The representative of the Head of Strategic Infrastructure and Economy indicated that both applicant companies were owned by Mr Parton

·         Concern was expressed that the wording of condition b) would allow the applicant to extract sand at a minimal rate so that the other operations on the site would continue without a cessation date and thus preventing restoration taking place at the site. Would it be appropriate to reword this condition so that if sand extraction rates fell below a certain rate then the permission would automatically cease? The representative of the Head of Strategic Infrastructure and Economy stated that it was difficult to word an appropriate cessation condition. Normally this application would be considered to be permitted development with a condition requiring removal of the plant within 24 months, not 12 months as proposed in the report. The mortar batching facility was considered to be ancillary, as referenced in condition aa) and therefore, if the site got to the point where it was only importing materials, it would no longer be considered ancillary

·         The applicant had indicated on the site visit that sand reserves would run out in 2 years.  The representative of the Head of Strategic Infrastructure and Economy considered that based on mineral aggregate survey returns that the site contained enough sand deposits for extraction for approximately a further 4 - 5 years at current levels of extraction.

 

RESOLVED that planning permission be granted for the operation of a mortar batching plant, erection of associated silo storage units and aggregate bins and vehicle repairs workshop (part-retrospective) at Wildmoor Quarry, Sandy Lane, Wildmoor, Near Bromsgrove, Worcestershire, subject to the following conditions:-

 

Approved Plans

a)    The development hereby permitted shall be carried out in accordance with the details shown on submitted Drawings Numbered: M11.119(f).D.041, Rev B; M11.119(f).D.042; M11.119(f).D.044, Rev B; M11.119(f).D.045, Rev A; M11.119(f).D.046, Rev A; and M11.119(f).D.051, Rev A, except where otherwise stipulated by conditions attached to this permission;

 

Cessation

b)   Within 12 months of cessation of mineral extraction at Wildmoor Quarry, planning permissions ref: 107104 and 407219 the development hereby approved shall be removed from the site including all associated materials, infrastructure, plant and machinery and the land reinstated to the satisfaction of the County Planning Authority;

 

Throughput and Records

c)    A maximum 33,750 tonnes per annum of sand shall be imported to the development hereby approved for the production of mortar, other than sand won from Wildmoor Quarry, planning permissions ref: 107104 and 407219;

 

d)   The quantity of sand imported to the development hereby approved for the production of mortar each day shall be maintained by the operator for the duration of the development, and made available to the County Planning Authority upon written request, within 5 working days of a request being made. An annual summary of these records for the period between 1 January to 31 December per year, shall be submitted to the County Planning Authority by the 31 January of the following year;

 

Hours of Working

e)    No operations, including any repair and maintenance of vehicles, plant and equipment within the development hereby approved shall take place take place outside the hours of 05:00 to 19:00 hours Mondays to Fridays, inclusive and between 05:00 to 13:00 hours on Saturdays and not at all on Sundays, Public or Bank Holidays. No machinery or equipment shall operate on the site outside these hours;

 

f)     Notwithstanding Condition e) above, no HGVs / mixer lorries associated with the development hereby approved, shall depart from or access the site except between the hours of:

 

·         05:30 to 18:00 hours on Mondays to Fridays, inclusive; and

·         05:30 to 13:00 hours on Saturdays

 

No HGVs / mixer lorries associated with the development shall depart from or access the site on Sundays, Bank or Public Holidays;

 

Construction Hours

g)   Construction works shall only be carried out on the site between 08:00 to 18:00 hours on Mondays to Fridays inclusive, and 08:00 to 13:00 hours on Saturdays, with no construction work on Sundays, Bank or Public Holidays;

 

Noise

h)   All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specifications at all times, and shall be fitted with and use fully operational silencers;

 

i)     The best practical means shall be employed to minimise the emission of noise beyond the boundary of the site;

Dust

j)     Within 3 months of the date of this permission, a Dust Management Plan shall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details;

 

Lighting

k)    Details of any new lighting to be installed at the site shall be submitted to the County Planning Authority for approval in writing prior to being erected.   These details shall include:

 

                     i.        Height of the lighting posts;

                    ii.        Intensity of the lights;

                   iii.        Spread of light in metres (Lux plan);

                   iv.        Any measure proposed to minimise the impact of the lighting or disturbance through glare;

                    v.        Any measures to minimise the impact of lighting upon protected species and habitats; and

                   vi.        Times when the lighting would be illuminated;

 

Thereafter, the development shall be carried out in accordance with the approved details;

 

l)     The development shall be carried out and maintained in accordance with document titled: Wildmoor Quarry – Location of Lighting – Planning Application 17/000028/CM, dated July 2019. The approved scheme shall be implemented for the duration of the development;

 

Pollution

m)  Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and site glasses must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels, overflow pipe outlets shall be detailed to discharge downwards into the bund;

 

n)   No materials shall be burnt on the site;

 

Highways

o)   Within 3 months of the date of this permission, a scheme to prevent the deposit of mud, sand and debris on the public highway shall be submitted to the County Planning Authority for approval in writing. Thereafter, the approved scheme shall be implemented and maintained for the duration of the development hereby approve;

 

p)   All access to and egress from the site shall be via the existing quarry entrance and exit off the A491 Sandy Lane;

 

q)   Signs shall be provided to the satisfaction of the County Planning Authority and erected on the applicant's own land, to ensure that drivers entering and leaving the site obey the west to east 'one way' system;

 

r)     The access, turning areas and parking facilities shown on the drawing numbered: M11.119(f).D.044, Rev B shall  be retained and kept available for staff, visitor and lorry parking at all times;

 

s)    All loaded vehicles entering and leaving the site shall be enclosed or covered to prevent dust emission and spillage of materials on to the public highway;

 

t)     Within 6 months of the date of this permission, the specification, location and timetable for the provision of at least 1 electric vehicle charging space to be provided on site, shall be submitted to the County Planning Authority for approval in writing. Thereafter, such spaces and power points shall be kept available and maintained for the use of electric vehicles only;

 

u)   Within 6 months of the date of this permission, details, locations and a timetable for the provision of accessible car parking spaces to be provided on site, shall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details and the spaces shall be kept available and maintained for use by disabled users only;

 

v)    Within 6 months of the date of this permission, details, locations and a timetable for the provision of at least 1 secure motorcycle parking space shall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details and the spaces shall be kept available and maintained for use by motorcycles only;

 

w)   Within 6 months of the date of this permission, details, locations and a timetable for the provision of sheltered and secure cycle parking to comply with Worcestershire County Council’s Streetscape Design Guideshall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details and the cycle parking shall be kept available and maintained for use by bicycles only;

 

Drainage

x)    There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface water whether direct or via soakaways;

 

Biodiversity

y)    All existing trees, shrubs and hedgerows indicated to be retained shall be protected by suitable fencing in accordance with BS5837:2012. No materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence.  In the event of any trees, shrub or hedgerow being damaged or removed by the development, it shall be replaced with like species and equivalent size, which in the case of a mature tree may entail multiple plantings, in the next planting season;

 

Permitted Development Rights

z)    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no fixed plant or equipment exceeding 10 metres in height, shall be erected, extended, installed or replaced on the site hereby permitted;

 

Ancillary

aa)The development hereby approved shall be ancillary to the mineral extraction at Wildmoor Quarry, planning permissions ref: 107104 and 407219;

 

Vehicle Maintenance and Repair Workshop

bb)The vehicle maintenance and repairs workshop shop hereby approved, shall only be used by the applicant in connection with the servicing and repair of the applicant's own vehicles associated with Wildmoor Quarry, planning permissions ref: 107104 and 407219, and the development hereby approved; and

 

Planning Permission

cc)A copy of this decision notice, together with all approved plans and documents required under the conditions of this permission shall be maintained at the site office at all times throughout the period of the development and shall be made known to any person(s) given responsibility for management or control of activities/operations on the site.