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 6.)

To consider a report by the Service Director Environment, Infrastructure and Economy on:-

·        Planning application No.6/2017/0732 -forthe "Continued working of the western extension to Furzeyground Ball Clay Pit until 31December 2030"; and 

·        Planning application No. 6/2018/0388 - for the Variation of Conditions 3 and 15 of consent 6/1988/0002 to update the approved plan details to allow the extraction of ball clay to be completed, providing an acceptable final landform and restoration which incorporates an internal haul route.

 

Minutes:

The Committee considered a report by the Planning and Regulation Manager in

respect of two planning applications:

 

·        6/2017/0732 - for the continued working of the western extension of Furzeyground ball clay pit, Furzeybrook Road, Wareham and

·        6/2018/0388  - for the variation of conditions 3 and 15 of planning consent 6/1988/0002, to update the approved plan details to allow the extraction of ball clay to be completed, providing an acceptable final landform and restoration which incorporated an internal haul route. 

 

Both planning applications served distinct purposes and were integral and adjacent to each other in the overall context of the development, and were designed to seek the same outcomes, this being to:-

 

·        facilitate the continuation of working in the west of the site at historic rates, but extending the extraction life by 13 years, until 2030 and proposed the diversion of the internal haul road that ran through the site

·        vary the restoration proposals in the eastern portion of the site to accommodate the diverted haul road.

 

With the aid of a visual presentation, and in taking into consideration the provisions of

the Update Sheet 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 landform 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, and the practicalities of this, 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 was also described.

 

Officers described what activities 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 where rights of way were situated; and the topography and geology of the area and how these would be managed and landscaped by what was being proposed.

 

The relationship between the site and neighbouring land; residential properties; commercial amenities; environmentally designated areas - as set out in paragraph 2.5 to the report - were all drawn to the attention of members.

 

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.

 

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 would make

a modest yet important contribution towards the aim of 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.

 

In particular, how the internal haul road was to be relocated and the reasoning for this, together with what the restoration process would be, was described. In realigning the haul road to the southern side of the pit, flexibility would be provided for the reserves located at present centrally and beneath the western end of the existing haul road, to be able to be excavated and would serve to provide better linkage between the restoration of the site and the designated heathland to the north.  Officers described the various environmental designations the site was either part of, of located adjacent to, and how this had affected consideration of the proposals and what they entailed. Officers described the relationship between the site and neighbouring properties at Cotness.

 

Whilst this realignment would bring the haul road closer to the neighbouring Grade II Listed property of Perywinkles, the road would be constructed at a lower level than at present and close to a substantial screening bank. This difference in level and its close proximity to the bank - which was higher than the applicant’s haulage lorries - was seen to be sufficient in mitigating any adverse noise from disturbance at Perywinkles. Moreover, the realignment meant the visual impact of the road was minimal from all significant viewpoints in the vicinity, particularly the higher ground to the south, including Creech Barrow. The haul road was used by the operator’s HGV traffic from its other local sites and so its retention provided a useful access shortcut, taking HGV traffic off the public highway, away from housing, and so had environmental benefits.

 

In consideration of the impacts on the environmental designations and what bearing the development would have on amenity, officers considered that given all that was being proposed in mitigation, the significant public benefits to be gained from the development would clearly and demonstrably outweigh any harm 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 the County Councillor for South Purbeck, Purbeck District Council, Church Knowle Parish Council, the Environment Agency, Natural England and County Council officers all raised no objections to the application, subject to certain considerations, which officers were confident would be sufficiently covered by conditions.

 

Particular reference was made to the impact on environmental interests. Whilst both Natural England and the County Ecologist were satisfied that the proposal would not have any significant effect on the adjacent designated sites, their advice was that so as to ensure the long term security of the adjacent heathland, it was considered essential that the sites were managed in perpetuity, beyond the end of the aftercare period. On that basis, they had recommended that the management be undertaken by a recognised nature conservation body, with the mechanism required to secure this being through a s106 obligation. Officers accepted this being the case, with the relevant Heads of Terms being detailed in paragraph 8.2 of the report. How the restoration process would be managed had necessitated an amendment to the recommendation in the original Committee report, which was addressed in the provisions of the Update Sheet.

 

The Committee were then provided with the opportunity to ask questions of the

officer’s presentation and officer’s provided clarification in respect of the points raised as necessary. Members were satisfied with the responses received in their more meaningful understanding of what the proposals entailed and accepted that compliance with all that was necessary would be satisfactorily met.

 

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, the provisions of the Update Sheet and what they had heard at the meeting - were satisfied in their understanding of what the proposals entailed and the assurances provided by officers in how the operations would be managed.

 

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 any harm identified - in taking account of the proposed mitigation, agreed that planning permission should be granted, subject to the conditions set out in the Committee report, and taking into account the provisions of the Update Sheet and, on being put to the vote, it was

 

Resolved

1)That planning permission be granted in respect of planning applications

6/2017/0685 and 6/2017/0687, subject to theconditionssetout in the condition schedules found in 8.3 and 8.4 of the Committee report and the provisions of the Update Sheet and subject to the prior completion of a S106 obligation in accordance with the Heads of Terms set out in 2) below.

2)That the applicant should 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 had been restored, and before the end of the aftercare period, the applicant should use its best endeavours to transfer the restored site to a recognised nature conservation body approved by Natural England or the Local Authority.

 

Reason for decisions

The reasons for granting planning permission being set out in the Planning Assessment at paragraphs 6.1 - 6.34 of the Committee report.

 

 

 

 

 

 

Supporting documents: