PTE/14/32 Development Management Committee 23 April 2014

County Matter: Minerals South Hams District: Erection of reduction kiln and associated offgas scrubber and exhaust stack to facilitate improved mineral recovery at Drakelands Mine, Hemerdon, Plympton, Plymouth Applicant: Wolf Minerals Application No: 49/0691/14/CM Date application received by Devon County Council: 4 March 2014 Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that conditional approval be delegated to the Head of Planning Transportation and the Environment to enable consent to be issued once the Environment Agency as “Lead Competent Authority” has concluded the Habitats Regulations Assessment for the emissions from this process. 1. Summary 1.1 This planning application is for the provision of a ‘reduction kiln’ associated offgas

scrubber and exhaust stack, housed within the existing permitted mine buildings for the Drakelands Tungsten Mine. It is considered that the main material planning considerations in the determination of the proposed development are the likely impact on the landscape of an additional plume from the proposed exhaust stack and the need to consider whether the proposal would have an adverse impact on European protected sites in the vicinity. Members visited this site on 2 April to assess the current proposal, the revised smaller scale plant design and the current operations on the site as the implementation of the existing permission progresses.

2. The Proposal/Background 2.1 Drakelands (Hemerdon) Mine was granted planning permission in 1986 after which

time the pre-commencement conditions were discharged and a commencement was made. The permission was modified in 2010 by the Secretary of State to apply more up to date conditions and this was accompanied by a “Unilateral Undertaking” from Wolf Minerals with a package of environmental mitigation and enhancement measures. The steep increase in world metal prices has made the continuation of this project viable and so Wolf Minerals, the owner of the permission, has now recommenced work on site and is currently constructing the mine access road and preparing the plant area.

2.2 Since the planning permission was granted, and the original schemes for the plant and buildings were approved (as required by the planning conditions), the technology required to process minerals has become much more efficient and streamlined. The operator has recently re-submitted revised details for the plant which now has a more efficient design and reduces material handling and the number of conveyor structures required. The revised plant will be 30% smaller by volume than that originally permitted, and on a footprint some 7,000m2 smaller than the original consented

scheme. The revised details for the plant and buildings have been approved under officer delegated powers.

2.3 Within this approved plant and buildings area, the applicants wish to construct a “reduction kiln” which will “roast” the ore, changing the ferrous haematite within the ore to magnetite which will enable its removal by magnetic separation which is an efficient and clean process. The associated offgas scrubbing system will remove arsenic from the gas, and stabilise it allowing it to be taken away and disposed of to a licenced facility. This process also requires a separate Environmental Permit (EP) and an application to the Environment Agency is running in tandem with the planning application. This will entirely deal with issues of air quality and in line with the advice given in the NPPF air quality issues will be a matter for the EP to determine and control.

2.4 The ‘reduction kiln’, whilst housed within the permitted plant area, requires a separate planning consent as it is considered to be Environmental Impact Assessment development and given this, the planning application is accompanied by an Environmental Statement.

2.5 The reduction kiln and gas scrubbers are located entirely within the approved buildings and plant area and so the only external part of this proposal is a slender 200mm diameter stack which would be 30m high which is 100mm higher than the ridgeline of the adjacent processing plant building.

3. Consultation Responses 3.1 Natural England: As the proposal is not necessary for the management of a

European Site, a Habitats Regulations Assessment is required before the proposal can be determined. There is currently insufficient information to determine whether the likelihood of significant effects can be ruled out. Standing advice should be followed regarding protected species.

3.2 Cornish Chamber of Mines and Minerals: Fully support the project as a whole and this further application.

3.3 Environment Agency: No objections to the proposal. An Environmental Permit is

required for elements of the proposal and the EA has received an application for an Environmental Permit from Wolf Minerals which is progressing through the technical determination process. The EA is the lead authority for the Habitats Regs Assessments for Environmental Permits and will fulfil this role as required.

3.4 South Hams District Council: Planning views awaited (consulted 10 March 2014).

The South Hams EHO has raised no objection to the permit application noting that emissions and particulate matter as they are likely to affect human health would be “insignificant” and that the noise assessment indicates that predicted noise levels at all occupied properties will be less than the levels specified in the planning consent for the mine development.

3.5 Plymouth City Council: The landscape assessment does not assess the visual impact of the condensation plume which the council feel should now be considered in their entirety as a part of this application with a comprehensive landscape and visual impact assessment that considers the impacts of the stack, plume and massed buildings and proposes mitigation through appropriate measures including off site mitigation by landscaping. If DCC does not consider that off-site mitigation is

acceptable they wish to know how impacts upon communities in Plymouth will be mitigated. They also request the original HRA for this development.

3.6 Health Protection Unit: views awaited (consulted 10 March 2014).

3.7 Sparkwell Parish Council: No objection.

3.8 Cornwood Parish Council: views awaited (consulted 10 March 2014).

3.9 Shaugh Prior Parish Council: views awaited (consulted 10 March 2014).

3.10 Bickleigh and Wembury Parish Council: views awaited (consulted 10 March 2014). 4. Advertisement/Representations 4.1 The application was advertised in accordance with the statutory publicity

arrangements by means of a site notice, and a notice in the press. As a result of these procedures no representations have been received.

5. Planning Policy Considerations 5.1 In considering this application the County Council, as Mineral Planning Authority, is

required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below.

6. Comments/Issues 6.1 Given that air quality matters will be considered by the Environmental Permit, it is

considered that the main material planning considerations in the determination of the proposed development are the likely impact on the landscape of an additional plume from the proposed exhaust stack and the need to consider whether the proposal would have an adverse impact on European protected sites in the vicinity.

Landscape and visual impact assessment (LVIA)

6.2 As the reduction kiln would be located entirely within the consented building, the key issue addressed by the LVIA is the likely impact on the landscape of an additional plume from the proposed exhaust stack, and whether this would harm the valued and distinctive character and quality of the area affected. This includes potential effects on the scenic and special qualities of Dartmoor National Park, which lies within 4km of the site.

6.3 The emissions of water vapour from the two dryers in the consented scheme have

been assessed as likely to be visible for 22% of daytime hours. The plume for the reduction kiln might increase this to 30% which the LVIA considers to be “not significant”.

6.4 The views of Plymouth City Council in respect of the LVIA and the potential impact on communities in northern Plymouth are noted, however, the City Council did not object to the 30% reduction in the size of the consented plant which contains the two dryers

which will emit plumes of water vapour. It is acknowledged that the additional plume from the reduction kiln stack might increase the visibility of stack emissions from the project as a whole by 8% of daylight hours, the City Council is asking DCC to require the developer to mitigate impacts that are already consented. It is not considered likely that the plume (which is the only visible part of this current proposal) could be mitigated by off-site landscaping, but in acknowledging the advice given in the NPPF (Para 109) and quoted by Plymouth, regarding the protection and enhancement of valued landscapes, the operator has by Unilateral Undertaking chosen to plant approximately 40,000 new trees in the areas around the plant and within the Drakelands Valley and also to secure considerably enhanced restoration from their original consented scheme.

6.5 Given the changing landscape context, the fact that the consented scheme would

already result in plume emissions, and the negligible magnitude of visual change predicted in views from Dartmoor National Park, the conclusions of the LVIA are endorsed. The proposals could be accommodated without harming the landscape character or visual quality of the area, as compared to the effects of the consented scheme.

Design/ Materials

6.6 The only visible component is the exhaust stack which is 200mm in diameter and projects approximately 1m above the ridge of the adjacent 29m high processing plant building. The applicant has agreed the colour of the stack would be a pale grey matt to reduce its visibility against the sky from close views. It is not a feature that will be visible from long distances. Habitats Regulations Assessment

6.7 Due to the proximity of this development to European designated sites at Dartmoor, Dartmoor Woods and Plymouth Sound and estuaries (all Special Areas of Conservation – SAC) and the Tamar Estuaries Complex Special Protection Area (SPA) it is necessary for the County Council as “competent authority” to assess whether the proposal would have any significant effect on these sites either alone or in combination with other developments before planning permission can be granted. This is a legal requirement under the Conservation of Habitats and Species Regulations 2010 known as Habitats Regulations Assessment. As the Environmental Permit is running in tandem with the planning application and will specifically deal with emissions from the process, the EA has agreed to act as “Lead Competent Authority” and carry out the HRA for potential emissions from the reduction kiln.

6.8 It is not anticipated that the HRA will be concluded by the EA prior to this meeting but

the application is nearing the end of its consultation process and a verbal update will be provided. Highways/Car Parking/Traffic Issues

6.9 There are no highways or traffic issues associated with this proposal. Privacy/Noise/Proximity to Residential Properties

6.10 There are no residential properties located close to the reduction kiln. All of the properties within close proximity were purchased by Wolf Minerals as required by their legal agreement with Devon County Council before development could

commence. The likely impact of emissions on adjacent communities is a matter for the Environmental Permit which is running in tandem with this planning application. The ES indicates that the addition of the reduction kiln to the processing plant would not have any impact on overall noise levels from the processing plant and would not impact on the operator’s capability to meet the existing noise conditions which apply to the mine site.

7. Reasons for Recommendation/Alternatives Options Considered 7.1 The Committee has the option of approving, deferring or refusing this planning

application. This mine project already has planning permission and the impacts of the reduction kiln, in the context of the overall project is of minimal impact but will assist in the efficient processing of the tungsten and tin products. If planning permission was not granted for the reduction kiln, the mine and the plant could still be constructed, there would be water vapour from the two permitted dryers within the plant. If the ore is not concentrated on site this would increase the costs of transport and production leading to a less efficient and sustainable process and the potential loss of recoverable minerals. The operators have expressed concern that without the reduction kiln the viability of processing could be affected leading to loss of confidence in the project by investors.

7.2 This proposal is of great economic significance to the South West Devon area,

bringing approximately 200 full time jobs with associated benefits to local suppliers and services and it is clear that the overall benefits of this project, set against the relatively small increase in the visibility of plumes from the project would weigh in favour of granting planning permission and reflect the “significant weight” to be attributed to supporting economic growth as set out in the NPPF.

7.3 In conclusion it is considered that subject to the County Council concluding its legal

requirement to carry out the Habitats Regulations Assessment for this project, then planning permission should be granted.

Dave Black

Head of Planning, Transportation and Environment Electoral Division: Bickleigh & Wembury Local Government Act 1972: List of Background Papers Contact for enquiries: Sue Penaluna Room No: ABG, County Hall Tel No: 01392 382880

Background Paper Date File Ref.

Casework File 04.03.2014 DCC/3621/2014

sp070414dma sc/cr/reduction kiln drakelands mine hemerdon 03 110414

Appendix I To PTE/14/32

Planning Policy Considerations National Planning Policy Framework: Paragraph 19 The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. Paragraph 122 … 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. Paragraph 142 Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long-term conservation. Paragraph 144 When determining planning applications, local planning authorities should: • give great weight to the benefits of the mineral extraction, including to the economy; • ensure, in granting planning permission for mineral development, that there are no

unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality

Devon Minerals Local Plan June 2004 Policy MP41 Development Control Considerations Policy MP51 Associated Development

Appendix II To PTE/14/32

Planning Conditions

1. The development shall commence within 3 years of the date of this permission. Written notification of the date of commencement shall be sent to the Mineral Planning Authority within seven days of commencement.

REASON: To comply with Section 91 of the Town and Country Planning Act

1990 and to enable the MPA to adequately monitor the development. 2. The development shall be carried out in strict accordance with the details

shown on the Approved Plans/Drawings numbered WHP 100-L-018 (Revision C).

REASON: For the avoidance of doubt. 3. The exhaust stack shall be grey in colour RAL 100 80 10 and the finish shall

be non-reflective. REASON: To minimise the visibility of the stack in the interests of reducing

the landscape impact of the proposal.