Planning Services

COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: DM/14/00465/WAS

FULL APPLICATION DESCRIPTION: Change of use from quarry to recycling of road planings and road base

NAME OF APPLICANT: Aggregate Industries

ADDRESS: Hulands Quarry, nr Bowes, Durham

ELECTORAL DIVISION: Barnard Castle West

CASE OFFICER: Chris Shields, Planning Officer 03000261394 chris.shields@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

Site 1. Hulands Quarry is an established carboniferous limestone quarry (site area of 52.9

Ha) situated between roads A66(T) and A67, 2 km to the east of Bowes and 4 km to the south west of Barnard Castle. It is a regionally important producer of coated roadstone, single sized and blended aggregates, agricultural lime and rock armour.

2. There are several isolated properties close by the quarry. Two farms to the east and

south of the proposed extension area are owned by Aggregate Industries (Northside West and Bowes Cross Farm). A further property, Northside East lies to the east and two properties (Hulands Farm and High Broats Farm) are located to the north west and west of the existing quarry.

3. The application site is an area of the existing worked out quarry floor within Hulands

Quarry covering an area of 2.2 hectares. This area is currently occupied by aggregate stockpiles of various grades. The application site is screened by the quarry faces on all sides.

Proposal 4. It is proposed to recycle up to 75,000 tonnes per annum of road planings and road

base. Although the actual level is likely to be significantly less than this, the maximum figure has been provided to match the standard rules Environmental Permit. An Environmental Permit is required to allow the operator to store and sort waste material.

5. The road planings and road base would be imported from road maintenance and

construction projects supplied by the company. In many cases the vehicles delivering coated roadstone to the project would be able use their return journey to take the road planings or road base to the site to minimise vehicle movements. Road planings and road base would be stockpiled within the application area until a mass of 3 - 4000 tonnes has accumulated and at this point a mobile screen and crusher would be

brought on to site to process the material into graded stockpiles of aggregate in the sizes <8mm, 10-20mm and 20mm+. None of the stockpiles would have a height exceeding 5 metres. The recycled road planings and road base can be incorporated into new coated roadstone at a ratio of 1:4 (20%) and so the stockpiles would be gradually used in this manner.

6. Due to the continued operation of the quarry it may not always be possible for the

stockpiles of road planings and road base, and mobile plant to always be in the same place. The overall activity would typically not require an area of more than 1 hectare and therefore the application area of 2.2 hectares is intended to allow a degree of flexibility.

7. Importation of road planings and road base would largely take place during the day

but would also be brought back at night if there was an overnight road resurfacing project being carried out. The mobile plant would have the capacity to process approximately 200 tonnes per hour and would be on site for 2-3 days at a time. The mobile plant would have its own environmental permit and would be operated within the hours of 7am to 7pm Monday to Friday and 7am to 1pm on Saturday. If the recycling operation were to reach the 75,000 tonnes per annum then the mobile plant would be on site for approximately 50 days per year.

8. The access for the quarry is off the A689 road. It is proposed that the vehicle

movements associated with the proposed development would utilise this access. There would be an average of 12 HVGVs per day, assuming that 50% of the imported material is backhauled.

9. The application is reported to the County Planning Committee because it represents a

proposal for a major waste development.

PLANNING HISTORY

10. Limestone extraction at the site dates from the 1850’s. Planning permission was first

granted for its continued use as a quarry by the North Riding of Yorkshire Joint Planning Board Scheme in 1947. In March 1991 planning permission was granted for various alterations to the quarry’s infrastructure, including provision of a coated roadstone plant, concrete batching and screening and crushing plant. In 1998 an extension to the existing quarry and infill with inert waste was granted planning permission with an accompanying Section 106 Agreement. Elements of this scheme modified the restoration proposals and removal of the waste importation.

11. Planning permission was granted in 2009 for an eastern extension to Hulands Quarry

and consolidation of the previous planning permissions (6/90/341CM and 6/96/199CM) with quarrying due to cease in September 2024 and final restoration due 18 months following cessation of operations.

PLANNING POLICY

NATIONAL POLICY: 12. The Government has consolidated all planning policy statements, guidance notes and

many circulars into a single policy statement, the National Planning Policy Framework (NPPF). The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependant. The presumption in favour of sustainable development set out in

the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’.

13. In accordance with paragraph 215 of the National Planning Policy Framework, the

weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report. The following elements of the NPPF are considered relevant to this proposal:

14. The NPPF does not contain specific waste policies, since national waste planning

policy will be published as part of the National Waste Management Plan for England. However, the NPPF requires local authorities preparing waste plans and taking decisions on waste applications should have regard to policies in the NPPF so far as relevant.

15. In accordance with paragraph 215 of the National Planning Policy Framework, the

weight to be attached to relevant saved local plan policy will depend upon the degree of consistency with the NPPF. The greater the consistency, the greater the weight. The relevance of this issue is discussed, where appropriate, in the assessment section of the report. The following elements of the NPPF are considered relevant to this proposal.

16. NPPF Part 11 – Conserving and Enhancing the Natural Environment – The planning

system should contribute to, and enhance the natural environment by; protecting and enhancing valued landscapes, recognising the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land. Part 11 states that local planning authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of processes or emissions themselves where these are subject to approval under pollution control regimes.

17. NPPF Part 13 – Facilitating the sustainable use of minerals – paragraph 144 sets out

the considerations in determining planning applications for minerals development. These include ensuring that there are no unacceptable adverse impacts on the natural environment and human health, taking into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality, and providing through condition for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards. Further advice is provided in the accompanying Technical Guidance of the NPPF.

18. Planning Policy Statement 10: Planning for Sustainable Waste Management sets out the Government's policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK. PPS10 is still extant until it is replaced by national waste policy.

LOCAL PLAN POLICY: County Durham Minerals Local Plan (2000)

19. Policy M4 – Waste and recycled materials – encourages and supports the use of

recycled and waste materials in place of newly won minerals.

20. Policy M5 – Construction/demolition waste recycling facilities – permits proposals to develop construction and demolition wastes at active quarries and landfill sites for a temporary period not exceeding the life of the site of the quarry or landfill site provided that: any existing adverse impacts on the environment or local community are not significantly increased; the operation or restoration of the site is not prejudiced or significantly delayed.

21. Policy M46– Restoration conditions– provide advice in relation to proposals for the

after use of mineral sites. The Policies` states that conditions will be imposed, and planning obligations or other legal agreements sought, to cover the matters necessary to ensure the satisfactory restoration of the site.

County Durham Waste Local Plan 2005

22. Policy W2 – Need – requires the demonstration of need for a particular development

which cannot be met by an alternative solution higher up the waste hierarchy. 23. Policy W3 – Environmental Protection – states that proposals for new development

will be required to demonstrate that the natural and built environment and the living conditions of local communities will be protected and where possible enhanced.

24. Policy W4 – Location of waste management facilities – states that proposals for new waste management facilities will be determined having regard to protection of the environment and local amenity, traffic impacts, opportunities to integrate with other facilities or developments which will benefit from the recovery of materials and to extend or develop existing waste management facilities.

25. Policy W7 – Landscape - concerns the character of the landscape and requires the

waste planning authority to have regard to the potential of developments to restore or enhance landscape character. PPS10 paragraph 36 also requires waste facilities to be well designed and contribute positively to their surroundings.

26. Policy W29 – Modes of transport – requires that waste development incorporate

measures to minimise transportation of waste.

27. Policy W31 – Environmental impact of road traffic – states that waste development will only be permitted if traffic estimated to be generated by the development can be accommodated safely on the highway network, the amenity of roadside communities is protected, the strategic highway network can be safely and conveniently accessed and the impact of traffic generated by the development on local and recreational amenity is otherwise acceptable.

28. Policy W32 – Planning obligations for controlling environmental impact – states that in

granting planning permission for waste development, planning conditions be imposed to cover, in addition to other issues, the prevention of the transfer of mud, dust, or litter onto the public highway by measures including the provision of wheel cleaning facilities, suitably metalled access roads and the sheeting of laden vehicles.

29. Policy W33 – Protecting local amenity – requires that suitable mitigation measures are

incorporated into proposals to ensure that any harmful impacts from noise, odour, litter, vermin, birds, dust, mud, visual intrusion, traffic and transport and subsidence and landslip are kept to an acceptable level.

30. Policy W39 – Waste recycling – states that proposals for the recovery and recycling of

inert waste materials, including construction and demolition waste, will be permitted, provided that they can be satisfactorily located at existing waste transfer stations, on

land identified for general industrial use or on previously developed land in sustainable locations.

EMERGING POLICY: 31. The emerging County Durham Plan was Submitted in April 2014 ahead of

Examination in Public. In accordance with paragraph 216 of the NPPF, decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. To this end, the following policies contained in the Submission Draft are considered relevant to the determination of the application:

32. Policy 52 – Sustainable Minerals and Waste Resource Management - states that the

Council will promote, encourage and facilitate wherever possible the efficient use of minerals and waste and the development of a sustainable resource economy in County Durham by:

a. Managing waste in line with the Waste Hierachy and encouraging the prevention, recycling or use of waste as a resource. Proposals which would help to prepare waste for re-use will be supported where they are acceptable in all other respects.

b. Requiring all new built development proposals to use mineral resources as efficiently as possible; to reduce, re-use and recover the waste they produce during construction and demolition through on site re-use recycling or by processing at other aggregate recycling facilities; and to maximise the use of recycled and secondary materials within the development in place of primary aggregates.

e. Permitting proposals for aggregate recycling facilities which help maintain and expand the Countys existing network of aggregate recycling facilities including at locations suitable for permanent waste management facilties and at active quarries and landfill sites (provided they are for a temporary period not exceeding the permitted life of the quarry or landfill site) and provided that the operation or restoration of the site is not prejudiced or significantly delayed and the overall proposal remains acceptable and does not have a unacceptable adverse impact on both the environment and amenity of local communities.

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES: 33. Environment Agency – has raised no objections to the proposed development but has

stated that the applicant would require either a Standard Rules Permit or a Bespoke Permit.

34. County Highways Authority – has raised no objections to the proposal. INTERNAL CONSULTEE RESPONSES: 35. Environmental Health and Consumer Protection – has raised no objections to the

proposal noting that additional vehicle movements and crushing activities should not affect the existing noise climate. It is stated that dust emissions would be controlled through Environmental Permitting Regulations and there may be a requirement to vary the existing Environmental Permit for quarrying and roadstone coating processes.

Officers have also recommended two informatives in relation to environmental permitting for the coating processes and mobile crusher.

PUBLIC RESPONSES: 36. The application has been advertised on site and in the local press. No representations

have been received. APPLICANTS STATEMENT: 37. Aggregate Industries UK Ltd is seeking to increase the use of recycled materials in

their coated roadstone products as part of overall proposals to increase the sustainability of the company’s operations and minimise the use of primary aggregate

38. There are existing asphalt plants at Heights and Hulands Quarries. In order to

increase the use of recycled materials in the plants Aggregate Industries would like to establish a low key recycling operation for road planings and road base adjacent to the asphalt plants. This development would provide a number of benefits:-

• It would increase recycling and reduce the dependence on primary aggregates. Up to 20% of the throughput of the asphalt plant could be recycled materials;

• The project represents a logical and sustainable extension to the activities already carried out at the site;

• Lorries delivering material from the quarries could return with a load of excavated road material for recycling thereby minimising vehicle movements;

• The recycling operation would be sited within an existing quarry, in an area that is already disturbed by existing quarry operations;

• The proposed site is located on the quarry floor in a well screened location and would barely be visible from outside of the quarry;

• The crushing and screening operations would only take place during limited daytime hours and for around 25 days per annum;

• Both sites benefit from direct access to the main highway network;

• The developments would help maintain the competitive advantage of the existing quarries;

• The sites are remote from residential receptors. At Heights Quarry the closest property is 800m from the site, and at Hulands Quarry the closest property is over 150m from the proposed recycling operation. In both cases the properties are screened by the quarry rim;

• The development is consistent with national policy and the development plan. The Draft County Durham Local Plan identifies Heights and Hulands Quarries as ‘Safeguarded Mineral Sites and Infrastructure’. Heights Quarry is also allocated as a strategic minerals allocation. Policy M5 of the Mineral Plan provides active support for the establishment of recycling operations at existing active quarries.

39. Overall the developments would enable the recycling of aggregates within existing

approved and safeguarded quarries that are well screened and remote from sensitive receptors. The development is consistent with national and local policy. Bearing in mind the presumption in favour of sustainable development we would urge you to approve the applications.

PLANNING CONSIDERATIONS AND ASSESSMENT

40. Having regard to the requirements of Section 38(6) of the Planning and Compulsory

Purchase Act 2004 the relevant Development Plan policies, relevant guidance and all other material planning considerations, including representations received, it is considered that the main planning issues in this instance relate to the principle of development, landscape and visual impact, residential amenity, highway safety and the restoration of the site.

Principle of the development 41. The Government announced in Waste Strategy 2007 that it was considering, in

conjunction with the construction industry, a target to halve the amount of construction, demolition and excavation wastes going to landfill by 2012, as a result of waste reduction, re-use and recycling. Final targets were set out in the Strategy for Sustainable Construction (BERR, 2008), and include: by 2012 a 50% reduction of construction, demolition and excavation waste to landfill compared to 2008; and by 2009 setting an overall target of diversion of demolition waste to landfill. The Government in June 2011 published its Waste Policy Review. The Policy Review notes that the existing halving waste to landfill commitment is on track to meet its 2012 target and highlights that the Waste Framework Directive target is to recovery at least 70% of construction and demolition waste by 2020. The Policy Review acknowledges that there will be some wastes for which landfill remains the best or least worst option which are likely to include some inert materials and wastes to restore quarries and mineral workings.

42. The Government’s policy direction with the Waste Hierarchy is clear that preparation

for re-use and recycling should come before final disposal of waste. This is reflected in County Durham Waste Local Plan (WLP) Policy W2, County Durham Mineral Local Plan (MLP) Policies M4 and M5, and emerging County Durham Plan Policy 52 and the supporting text, which require developments to demonstrate an established need for the facility and to show that they would make a contribution to the County’s sustainable waste strategy and achieve overall environmental benefits, and move waste up the Waste Hierarchy.

43. The proposed recycling area would occupy a relatively small area within the existing

quarry. The change of use would allow waste material to be processed and re-used as a secondary aggregate for construction projects in accordance with the waste hierarchy and would avoid the material being sent landfill for disposal. The impact of the proposed operation on lorry movements is unlikely to be significant given the small scale of operations proposed and the likelihood that wastes will be brought as "backloads" in lorries already visiting to load up with aggregate. The proposal would not impact upon the restoration of the site and a condition would be imposed to ensure that operations cease in line with the cessation of quarrying. The principle of the development is therefore considered to meet the objectives of National and Local Policy and specifically meets the criteria set out in WLP Policies W2 and W4.

Landscape and visual impact 44. The County Durham Landscape Character Assessment (2008) shows the site as lying

within the Dales Fringe County Character Area which forms part of the larger Pennine Dales Fringe National Character Area. It lies in an area belonging to the Gritstone Upland Fringe Broad Landscape Type in the Bowes Broad Character Area.

45. Hulands Quarry is located on an area of undulating pasture land between the A66 road and A67 road. The site is not visible from the A66, save for the site entrance, due to the topography and is only partially visible from the A67. The proposed waste recycling area would be located at a low elevation on the floor of the quarry and would be fully screened from view by the quarry faces. The overall effect on the character of the local landscape would be negligible. It is therefore considered that the proposed recycling activity would not have a significant impact upon the landscape or visual amenity of the area in accordance with WLP Policy W33.

Residential Amenity 46. The nearest sensitive receptors to the proposed development are Hulands Farm 225

metres to the north west of the site, High Groats Farm 360 metres to the west of the site and Park House 1.1km to the south of the site. The current conditions for the quarry in terms of general noise and dust require all plant, machinery and vehicles used to be effectively silenced at all times in accordance with the manufacturers recommendations and best practical means being employed to ensure that all operations carried out on the site do not give rise to undue dust or wind-blown material being carried onto adjacent properties.

47. The proposed recycling operation would involve the use of a mobile crusher and

screen to process and sort waste material, which has the potential to generate noise and dust. Noise and dust conditions would be imposed for this development in order to ensure alignment with the current site planning permission. Notwithstanding this, the proposed mobile plant would only be used intermittently and would be covered by an Environmental Permit and would be well contained with the base of the quarry. The Environmental Health and Consumer Protection Team has assessed the application and consider that due to the site being used as a quarry and coating plant the additional activities would not affect the noise climate of the area. Furthermore, the applicant has proposed to only crush and screen the road planings and road base between the hours of 7am to 7pm Monday to Friday and 7am to 1pm on Saturdays. It is therefore considered that the proposal would not have a significant impact upon residential amenity in accordance with WLP Policy W33. .

Highway Safety 48. The current conditions for the quarry do not restrict vehicle movement numbers. It has

been suggested by the applicant that the quarry currently generates approximately 110 lorry movements per day based on an annual output of 300,000tpa. The proposed development would result in an additional 12 vehicle movements (6 in and 6 out) per day, representing a very minor increase when measured against the currently daily average for the quarry. This is achieved by backhauling approximately 50% of the material on lorries that were already destined for the site, thus minimising the transportation of waste. It is not considered that there would be significant transport implications as a result of the proposal. The traffic generated by the proposal would be safely accommodated on the A66 road which is easily accessible from the site. It is considered that the impact of the traffic generated would be acceptable with no adverse impacts upon local amenity. The recycling operation would be limited by the Environmental Permit issued by the Environment Agency to 75,000 tonnes per annum as a result it is not considered necessary to impose a condition controlling vehicle movements associated with the proposed development. The Highways Authority has raised no objections to the proposal and it is considered that the proposal would accord with WLP Policies W29 and W31.

Ecology 49. The site is not located within any ecological designations but there are records of

Great Crested Newts in the ponds 180 metres to the north of the application area. However, Ecology officers consider that due to the current disturbance levels on site, together with a lack of suitable habitat, and the scale of the quarry face, the likely risk of disturbance to the species is negligible.

Restoration 50. The approved restoration plan for Hulands Quarry is for wildlife conservation,

agriculture and forestry with associated land management. The proposed development would occupy an area of the quarry that would eventually require restoring in accordance with the approved restoration plan. It is therefore recommended that the proposed development have a time limit condition to ensure that it does not impede the restoration of the site in accordance with MLP Policy M46.

CONCLUSION

51. The recycling proposal for incoming inert waste lies within an existing quarry working

and is itself distant from residential properties. Development Plan policies and Government policy, which seeks to concentrate on waste as a valuable resource and its disposal to landfill only as a last resort, are generally supportive of proposals that help to recycle waste. The proposal represents an opportunity to produce useful secondary aggregate in the context of an existing quarry without additional visual impact or significantly increasing the scale of operations.

52. Given the distance from residential properties and the current permitted activities the

additional impact of the proposal upon residential amenity would be minimal. Any environmental impacts in terms of noise and dust these can be controlled through the implementation of appropriate mitigation measures and planning conditions.

53. The proposed development is considered to broadly accord with the relevant policies

of the County Durham Minerals Local Plan and County Durham Waste Local Plan, meets the aims of national planning guidance contained within the relevant sections of the NPPF and would be consistent with the direction of the emerging County Durham Plan.

RECOMMENDATION

That the application be APPROVED subject to the following conditions; 1. The development hereby approved must be begun no later than the expiration of three

years from the date of this permission.

Reason:

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in accordance with the following

approved plans:

Site Ownership Plan

Application Boundary Plan

Drawing No. HUR2/2 ‘Application Drawing’

Drawing No. HUR2/3 ‘Site Layout’

Reason: To ensure the development is carried out in accordance with the approved documents.

3. The recycling operation hereby approved must be discontinued upon cessation of

quarrying or by 14 September 2024, whichever is the earlier, the associated equipment removed, and the area of land used for the development restored in accordance with the restoration requirements of Planning Permission No. CMA/6/36 or subsequently approved planning permission relating to Hulands Quarry.

Reason: To ensure that site is properly restored (County Durham Minerals Local Plan Policy M46)

4. No crushing or screening of road planings or road base shall occur outside the hours

of:

• 07:00 to 19:00 Monday to Friday

• 07:00 to 13:00 Saturdays No operations shall occur at any time on Bank or Public Holidays.

Reason: In the interests of residential amenity (County Durham Waste Local Plan Policy W33).

5. The noise emitted from operations on the site shall not result in ambient noise levels greater than 55dB(A) Leq (1hour) (free field) Daytime 0700 – 1900 hours as measured at noise sensitive properties identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 3(a) of Planning Permission CMA/6/36.

Reason: In the interests of residential amenity (County Durham Waste Local Plan Policy W33).

6. The Dust Action Plan agreed in accordance with Condition 3(b) of Planning Permission CMA/6/36 shall be adhered to at all times. The dust control equipment installed shall be used at all times to suppress dust on the site arising from all operations including vehicular movements. At such times when the equipment provided and the provisions in the Dust Action Plan are not sufficient to suppress dust arising from the site, operations shall cease until additional equipment is provided and found to be adequate

Reason: In the interests of residential amenity (County Durham Waste Local Plan Policy W33).

7. Stockpiles of imported road base and road planings and subsequently processed material shall not exceed 5 metres in height.

Reason: In the interests of visual amenity (County Durham Waste Local Plan Policy W7).

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at its decision to support this application has, without prejudice to a fair and objective assessment of the proposals, issues raised, and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF. (Statement in accordance with Article 31(1) (CC) of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012.)

BACKGROUND PAPERS

� Submitted application form, plans and supporting information � National Planning Policy Framework � Planning Policy Statement 10 (PPS10) � County Durham Waste Local Plan (April 2005) � County Durham Minerals Local Plan (2000) � Statutory, internal and public consultation responses

Planning Services

DM/14/00465/WAS Proposed change of use from quarry to area for recycling of road planings and road base

at Hulands Quarry, Bowes, Durham

This map is based upon Ordnance Survey material with the permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005

Comments

Date July 2014 Scale Not to scale