Meeting documents

Dorset County Council Regulatory Committee
Thursday, 24th January, 2019 10.00 am

  • Meeting of Regulatory Committee, Thursday, 24th January, 2019 10.00 am (Item 12.)

Minutes:

Planning Matters

Minute 80

Application Nos: WD/D/18/002145, WD/D/18/002258 and WD/D/18/002259:  Warmwell Quarry / Silverlake, Moreton Road, Crossways

 

Update:

 

The following are proposed revisions to conditions:-

 

Condition 2 for Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 3 conditions) should also list the following additional drawings

2655_L_ SWWP_0_01 Rev A Site Wide Woodland Planting Plan   dated 3/01/19

2655_L_ SWHP_0_01 Rev A Site Wide Habitat Planting Plan dated 10/01/19

 

Condition 15 for Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 3 conditions) at present is drafted

 

15.       Unless otherwise approved in writing by the Mineral Planning Authority each area of the site shall be planted with trees and shrubs during the first planting season (November to February) following completion of its restoration in accordance with a Planting Scheme submitted to and approved in writing by the Mineral Planning Authority.  Any Planting Scheme submitted to the Mineral Planning Authority for approval shall include details for each area of the species to be planted, densities of planting, quantities of each species to be planted, positioning of planting within the restored areas and timescale for implementation.

 

This condition (common to all three applications) should now state

 

15.       Unless otherwise approved in writing by the Mineral Planning Authority each area of the site shall be planted with trees and shrubs during the first planting season (November to February) following completion of its restoration in accordance with the Site Wide Woodland Planting Plan and associated planting schedule (drawing number 2655_L_ SWWP_0_01 Rev A dated 3/01/19) and the Site Wide Habitat Planting Plan and associated planting schedule (drawing number 2655_L_ SWHP_0_01 Rev A dated 10/01/19)

 

Conditions 17, 18, and 19 for each of Planning Applications WD/D/18/002145, WD/D/18/002258 & WD/D/18/00259 (ie 9 conditions) refer to the "Landscape and Ecological Management Plan (LEMP) Version 1 – 2018".

 

These 9 conditions should now refer to the "Landscape and Ecological Management Plan (LEMP) Part 1 version 2.0 dated 16/01/2019 and Part 2  5-year Management Prescriptions version 2 dated 16/01/2019"

 

 

Officer comment:

 

Proposed change to conditions to reflect latest version of landscape planting schedule and the latest revision to the Landscape and Ecological Management Plan (LEMP)

Minute 81

Application No. 6/2017/0732 - Furzeyground Ball Clay Pit, Furzebrook Road, Wareham, Dorset

Update

 

Change to recommendation to make it more precise

 

Recommendation

As written in the published report

 

8.1            ThattheMineralPlanningAuthorityresolvestograntplanningpermissions 6/2017/0685 and 6/2017/0687, subject to theconditionssetout in the condition schedules found in 8.3 and 8.4 and the heads of terms of the legal agreement set out in section 8.2 below.

8.2            To mitigate against and compensate for the delay in restoration of the site, as detailed in paragraph 6.14 of this report the applicant has agreed to enter into a legal undertaking that would secure the long-term management of the site in accordance with the following Heads of Terms:

The applicant shall secure the long-term management of the restored site following the aftercare period in accordance with a wildlife management plan submitted prior to the end of extraction. After the site has been restored, and before the end of the aftercare period, the applicant shall use its best endeavours to transfer the restored site to a recognised nature conservation body approved by Natural England or the Local Authority.

 

Revised Recommendation

 

8.1            ThattheMineralPlanningAuthorityresolvestograntplanningpermissions 6/2017/0685 and 6/2017/0687, subject to theconditionssetout in the condition schedules found in 8.3 and 8.4 and subject to the prior completion of a S106 obligation in accordance with the heads of terms set out in Paragraph 8.2 below.

8.2            The applicant shall secure the long-term management of the restored site following the aftercare period in accordance with a wildlife management plan submitted prior to the end of extraction. After the site has been restored, and before the end of the aftercare period, the applicant shall use its best endeavours to transfer the restored site to a recognised nature conservation body approved by Natural England or the Local Authority.

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Minute 82

 

Planning application: Magnox Nuclear Licensed Site, Winfrith Newburgh, DT2 8WG

 

Application No. 6/2017/0746

The development of a grout and concrete plant and an interim curing facility, including a perimeter fence and other associated infrastructure on land at   Magnox Nuclear Licensed Site, Winfrith Newburgh, DT2 8WG.

 

Update:

 

Condition 5.     Protection of the water environment

 

Within six months of the demolition and removal of all temporary buildings and areas of hardstanding, as shown in approved drawing: GVA/SLP (Rev C) titled ‘Red Line Plan’, a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

 

1.  A preliminary risk assessment which has identified:

            all previous uses;

            potential contaminants associated with those uses;

            a conceptual model of the site indicating sources, pathways and receptors; and

            potentially unacceptable risks arising from contamination at the site.

2.  A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3.  The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4.  A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the written consent of the Local Planning Authority. The approved scheme shall be implemented as approved.

 

Condition 7.     Protection of the water environment

 

Within twelve months of the demolition and removal of all temporary buildings and areas of hardstanding, as shown in approved drawing: GVA/SLP (Rev C) titled ‘Red Line Plan’, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved in writing by the local planning authority. The report shall include the results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that site remediation criteria have been met.

 

Condition 9.    Protection of biodiversity

 

Within three months from the date of this permission an Environmental Management Plan (EMP) and a Biodiversity Management and Enhancement Plan (BEMP) will have been submitted to and approved in writing by the Local Planning Authority. The EMP and BMEP shall be implemented as approved throughout the development.

 

Officer comment:

 

The applicant’s agent informed Dorset County Council that the hardstanding for both buildings has already been constructed and would therefore require removal if the EA maintained their position of requesting a site investigation (inclusive of a remediation strategy and verification plan) prior to development commencing. Upon further consideration of the environmental risk of pollution to the water environment, at this location, the EA subsequently advised, in an email dated 17 January 2019 that they would be satisfied with the amendment of Condition 5 – Protection of the water environment and Condition 7 – Protection of the water environment to remove the requirement for a site investigation prior to the commencement of development and for a remediation strategy and verification plan to be submitted within 6 months of the facility being demolished and a verification report within 12 months of the facility being demolished.

 

The applicant has submitted sufficient detail about surface water management to remove Condition 8 – Protection of the water environment.

 

Since the report was published the applicant has submitted a BMEP to Dorset County Council’s Natural Environment Team (NET) that once approved will remove the need for an EMP. Following the advice of the NET, the applicant is currently making minor amends to the BMEP and has requested that the recommended condition provides them with sufficient time to submit the final version for approval. This amendment would also remove the immediate breach in planning control because the development has already commenced.