Meeting documents

Dorset County Council Regulatory Committee
Thursday, 6th December, 2018 10.30 am

  • Meeting of Regulatory Committee, Thursday, 6th December, 2018 10.30 am (Item 67.)

To consider a report by the Service Director – Environment, Infrastructure and

Economy.

 

Minutes:

The Committee considered a report by the Service Director Environment, Infrastructure and Economy on planning application 6/2018/0138 for a western extension in developing land for the winning and working of ball clay and ancillary operations at Trigon Pit, Carey Road, Wareham, this being necessary to form a new extraction area of 1.2 million tonnes of ball clay over a 15 year period, with the phased restoration of the site to wet heath, woodland and arable fields.

 

With the aid of a visual presentation, and in taking into consideration the provisions of the Update Sheet and the Statements from Third Parties appended to these minutes, officers described the proposals and planning issues in detail, what these entailed and what they were designed to achieve. A brief history of the site and it usage was also drawn to members’ attention. Plans and photographs were used to show the characteristics of the site, its location and to describe how the quarrying operations would be progressed. The site’s land form and its context within the surrounding landscape were shown, with views from within and around the site. The activities and operations proposed to be undertaken were described in detail by officers. Arrangements for the way in which the quarrying was to be phased and managed, its progression and the relationship between each phase were also described.

 

Similarly, the restoration process was described, so that a mixture of woodland, wetland and arable agricultural land would be created. Officers described the type of activities which were to take place on site; their relationship with the current quarrying operations; the site’s setting within the landscape; the local highway network and access arrangements, (including the route of a public bridleway); and the topography and geology of the area, including the topography created by the previous minerals workings within the site and those created by the now ceased landfill operations and how these would be managed and landscaped by these new workings. The proposal included the formation of three settlement lagoons that would be created at the southern end of the site.

 

How the National Planning Policy Framework (NPPF) was applied and what the Planning Assessment took into consideration in the weighting to be given to the

Draft Minerals Strategy and the part this should play in the Committee’s decision making process, was detailed in the report.

 

The relationship between the site – which lay in the Green Belt - and neighbouring land; residential properties; commercial amenities; environmentally designate areas - as set out in paragraph 2.5 to the report - and how Trigon Hill barrow scheduled monument would be affected, were all drawn to the attention of members.

 

Officers explained the need for this much valued and rare mineral to be won and worked, its nationally recognised importance in the ceramics industry and the quantities in which this would be excavated. The development of the site would make a significant contribution towards ensuring that the Mineral Planning Authority made provision for a steady and adequate supply of all grades of ball clay throughout the Minerals Plan period. Accordingly, the Committee recognised that such mineral could only be quarried where it was found.

 

The practicalities of excavation in and around the vicinity of the archaeological feature were drawn the attention of the Committee, particularly what mitigating factors were being considered in how the barrow was to be managed and its setting enhanced through the restoration process. Officers set out Historic England’s suggestion that increasing the buffer around the barrow by 20 metres, the impact on the setting of the barrow would be significantly reduced. However officers explained that this suggestion had been put to the applicant who stated that it would result in the loss of approximately 120,000 tonnes of clay - a year’s production - so officer’s view was that the additional buffer would have a real impact on the quarry capacity, due to the shape and depth of the clay beds, the amount of overburden and the required batters, such that the benefit of the setting of the barrow was not outweighed by the loss of this important mineral.

 

Having given great weight to the conservation of this heritage asset, officers considered that the significant public benefits associated with the development would clearly and demonstrably outweigh the harm to the setting of the scheduled monument through the loss of the historic landscape and was therefore seen to accord with the relevant NPPF guidance. On that basis, the Committee were being asked to approve the officer’s recommendation that planning permission be granted.

 

The consultation exercise had shown that Purbeck District Council, Wareham St. Martin Parish Council, the Environment Agency, Natural England and County Council officers all raised no objections to the application, subject to certain considerations, whilst Historic England objected in terms of the impact the quarrying would have on Trigon Barrow and had submitted representations to this effect.

 

The Committee then heard from public speakers, with John Vine, the Minerals Planning Manager at Imreys, explaining the economic importance of the mineral in there being a readily available supply; what employment opportunities it brought and how the operations and proposed mitigation would bring considerable environmental benefits. His view was that the proposal put by Historic England for a reduction in the quarrying around the tumulus would significantly affect the economics of the development and put the mitigation and restoration at risk. He therefore asked members to approve the application as proposed.

 

Peter Cox, Director of AC Archaeology, and advisor to Imreys on archaeological matters spoke. Whilst the historic importance of Trigon Barrow was fully recognised, what was being proposed was designed to provide positive improvements to its setting with a sustainable management plan being proposed. His view was that the current setting of the barrow, including overgrown vegetation detracted from its significance and that Historic England had undervalued the proposed mitigation. In his view, this was wholly acceptable to the future management of the monument.

 

The Committee were then provided with the opportunity to ask questions of the officer’s presentation and about what they had heard and officer’s provided clarification in respect of the points raised as necessary. As part of this, the Committee took the opportunity for a short adjournment for officers to seek clarification from the applicant on a point of operational detail which, upon reconvening, was satisfactorily provided.

 

Officers confirmed that the view of Historic England that the extent of the workings around Trigon Barrow be reduced so that an extra 20 metre margin was maintained, would be impractical to the applicant. The configuration of the site and ball clay deposits meant that, what seemed to be a modest reduction, would have a significant economic impact in how viable the development was. It would significantly reduce the capacity for extraction at the deepest part of the workings with any perceived benefits to be gained, not outweighing the loss of minerals involved. Officers confirmed that the management plan proposed for the barrow was designed to improve the context of its setting and how well it could be observed.

 

Having had the opportunity to consider the merits of the application in detail and having had their questions answered satisfactorily, the Committee - having taken into consideration the officer’s report and what they had heard at the meeting from the case officer, legal advisor and invited speakers - were satisfied in their understanding of what the proposals entailed and the assurances provided by officers in how the operations would be managed, having regard to the further submission from Historic England that had been circulated with the Update Sheet.

 

Given this, the Committee, in recognising that this mineral could only be worked where it was found; was of significant national value and importance and provided economic and employment benefits - which outweighed the harm to the setting of the barrow, and taking account of the proposed mitigation - agreed that planning permission should be granted subject to the conditions set out in the Service Director’s report and taking into account the provisions of the Update Sheet and, on being put to the vote, it was

 

Resolved

That planning permission be granted subject to the conditions set out in paragraph 9.1 of the Service Director’s report and having regard for the provisions of the Update Sheet in so far as being further amended, as may be considered appropriate by the Head of Planning, in the light of the suggestions of Historic England as set out in their letter of 4 December 2018.

 

Reason for Decision

As contained in paragraphs 6.67 to 6.73 of the Service Director’s report and to meet the Corporate Plan 2017-19 aim and outcome of Economic Growth and that Dorset’s economy was Prosperous.

 

 

 

Supporting documents: