AGENDA ITEM NO. I - North Lanarkshire Council ... APPLICATION No. S1021008641MIN L?&bhire COAL EXTRACTION BY OPENCAST METHODS BADALLAN FARM, ALLANTON ROAD, SHOTS \J p Coundl Repmduced

$Page 1: AGENDA ITEM NO. I - North Lanarkshire Council ... APPLICATION No. S1021008641MIN L?&bhire COAL EXTRACTION BY OPENCAST METHODS BADALLAN FARM, ALLANTON ROAD, SHOTS *\J* p Coundl Repmduced$
AGENDA ITEM NO. ....................... I

Application No: S/02/00864/M I N

Date Registered: 28'h June 2002

Ap p I i ca n t :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Law Mining Ltd Cadzow House Cadzow Industrial Estate Hamilton

RPS Consultants 45 Timberbush Bernard Street Leith Edinburgh

Extraction Of Coal By Opencast Methods

Badallan Farms, Between Shotts And Fauldhouse

17: Stane (Frank Gormill)

292000.659000.

S/PL/B/I 7/57/DRM

S/98/00969/MIN - Opencast Coal Mining - Refused 22/6/99 Appeal submitted - 19/1/00, Following the submission of the appeal and the presentation of new evidence, the Council agreed on 1/3/00 not to defend its position at the Public Inquiry. LAW Mining Ltd withdrew from the Appeal and Public Inquiry - 1/12/00 S/01/00175/MIN - Refused 07/02/02 and now to be the subject of an appeal and a Public Inquiry in 2003.

The Glasgow and the Clyde Valley Structure Plan 2000 (Adopted with Modifications 1 '' May 2002) Opencast Coal Search Area Adopted Shotts Local Plan 1982 - Rural Area Southern Area Local Plan Finalised Draft (Modified June 2001) - Preferred Area for Opencast Coal Extraction

Contrary to Development Plan: No

Consultations: West Lothian Council (objections) Scottish Executive Development Department (no objections) Historic Scotland (no objections) Shell UK (no objections) Central Scotland Countryside Trust (no response) The Coal Authority (no response) British Gas Transco (no response)

L?&bhire PLANNING APPLICATION No. S1021008641MIN

COAL EXTRACTION BY OPENCAST METHODS

BADALLAN FARM, ALLANTON ROAD, SHOTS

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os Llce"ceLA0904lL 72 Objectors

Scottish Power (no response) Scottish Natural Heritage (comments) SEPA East Region (comments) Scottish Water (comments) Association for the Protection of Rural Scotland (comments) Scottish Wildlife Trust (comments) West of Scotland Archaeology Service (comments) Royal Society for the Protection of Birds (comments)

Representations: None

Newspaper Advertisement: 72 ‘pro-forma’ letters of objection individually signed Letters of objection from two area action groups, a residents association and Fauldhouse Community Council

Comments:

This application is for the extraction of coal by opencast methods on a site of 87.6 ha known as Badallan Farm, between Fauldhouse and Shotts adjacent to the A71. It is proposed to remove 570,000 tonnes of coal over a 3-year period, with an additional year to allow for the restoration of the site. In accordance with the Environmental Impact Assessment (Scotland) Regulations 1999, the planning application is accompanied by an Environmental Statement,

The application has been the subject of a large number of objections, mainly from the Fauldhouse area, and these are detailed in the accompanying report. The application accords with policy, both in terms of government guidance and the relevant development plans. It is my conclusion, that on weighing up the benefits and disbenefits of this proposal and having examined the issues raised by the objectors, the proposal is acceptable and planning permission should be granted subject to conditions.

Should the Council agree to grant planning permission, any consent should not be issued until the applicant had both entered into a Section 75 Agreement, covering the control of various environmental matters both during and after the coaling period, and delivered an appropriate Bond of Caution to guarantee the restoration of the site.

The Committee should note that some of the objectors and West Lothian Council have asked for the opportunity of addressing the Committee before it makes its decision.

Recommendation

It is recommended that planning permission be granted subject to the following conditions: -

TIME LIMITS

1, That the development hereby permitted shall be commenced within 2 years from the date of this consent, and that the Planning Authority shall be given at least 7 days written prior notice of the intention to commence work.

Reason: In order that the Planning Authority might make appropriate arrangements to monitor the operations, and to take account of changing circumstances.

2, That all mineral extraction operations shall cease within 3 years from the date of commencement of the development, which date shall be determined by the Planning Authority.

Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.

3. That the site shall be restored to final contour levels as specified in Figure 4.2 within the Environmental Statement, no later than 1 year after the cessation of mineral extraction, the date of which shall be determined by the Planning Authority.

Reason: In accordance with submitted details and to ensure the timeous restoration of the site.

4. That all excavation, associated operations, crushing and screening shall only be carried out between the hours of 07.00 and 19.00 Monday to Friday inclusive (excluding national public holidays) and 07.00 and 13.00 on Saturdays, and there shall be no such working at any other times.

Reason: In the interests of amenity.

5 . That without the express written consent of the Planning Authority, and within the exigencies of any Health and Safety requirements, only essential maintenance, servicing and testing of plant and equipment shall take place between the hours of 07.00 and 13.00 on a Saturday.


6. That no coal shall be removed from the site except between the hours of 07.00 to 19.00 Mondays to Fridays and excluding national public holidays.

Reason: In the interests of amenity

7. That this permission only allows for the removal of coal from the site, and no other materials including topsoil or subsoil shall be removed at any time, and no materials including refuse, bulk material or coal shall be imported to the site for any purpose at any time without the prior written approval of the Planning Authority.

Reason: To minimise vehicle movements and in the interest of sound land management.

VEHICULAR ACCESS AND RELATED MATTERS

8. That the only vehicular access to and from the site shall be from the A71 illustrated as Point A on the approved plans.

Reason: In the interests of road safety.

9. The vehicular access shall be constructed in accordance with the undernoted requirements: -

(a) sightlines of 9.0 metres x 215 mmetres to be provided and maintained (b) 10.5 metres kerb radii at the junction, leading to a 7.3 metres wide access within the development

(c) the existing access to West Badallan Farm to be closed off as soon as the proposed access comes into use.


10. That prior to any works being commenced within the application site other than the formation of the compound, parking areas, site accommodation and associated engineering works, the creation of the access works as required by condition 9, shall be completed in full.

Reason: In the interests of road safety

1 I. That before development hereby permitted starts, full details of a scheme, which incorporates at the access point to the site:-

a right-turn storage facility into the development, and associated road widening of the A71 in accordance with the standards prescribed in the Department of Transport, Local Government and the Regions’ Design Manual for Roads and Bridges shall be submitted to, and approved in writing by the Planning Authority.


12. That before the development hereby permitted is commenced, the scheme approved under condition 11 above, shall be completed to the satisfaction of the local Planning Authority.

Reason: To ensure satisfactory vehicular access to the application site.

13. That prior to the removal of any coal from the site, an automated high pressure wheel and body wash shall be installed and maintained throughout the duration of the operations to the satisfaction of the Planning Authority, and in the event of any deposit of mud or any other material on the public road, the deposits shall be cleared as soon as possible.

Reason: To prevent mud or detritus being carried onto the public roads in the interests of road safety.

14. That all vehicles leaving the site carrying coal shall be fully covered by haps or sheets to the satisfaction of the Planning Authority.

Reason: To minimise dust emissions and to prevent material falling onto the public roads in the interests of amenity and road safety.

15. That the main site access shall be paved or finished in a sealed surface material for its length between the wheel wash and the public road.

Reason: In the interests of public safety and to prevent deleterious material being carried onto the highway.

16. That advanced warning signs shall be placed at positions on the A71 to be agreed with the Planning Authority, warning drivers of the existence of an access to an opencast coal site, and these shall be in place prior to the removal of any coal from the site and shall be maintained in a satisfactory condition throughout the duration of the mineral extraction operations.


17. That prior to the removal of any coal from the site, all parking and manoeuvring areas shall be formed and finished in a suitable material, all to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory provision with the site.

18. That the proposed routing of lorry traffic from the site shall accord with those details contained within the planning application, and any material alterations to the proposed routing must be agreed in writing by the Planning Authority.

Reason: In the interests of road safety and amenity.

SOIL STRIPPING AND STORAGE, ETC.

19. That at least 48 hours notice shall be given to the Planning Authority before any soil stripping commences and at the request of the Planning Authority, the extent of areas to be stripped shall be pegged out in advance.

Reason: To allow the Planning Authority the opportunity to assess the suitability of weather and ground conditions.

20. That no movements of soil shall take place except when the full depth of soil to be stripped, or otherwise transported, is in a suitably dry soil moisture condition, and conditions are sufficiently dry for the topsoil to be separated from the subsoil.

Reason: In the interests of soil management.

21. That the topsoil and subsoil shall be stored in separate mounds, as illustrated on the approved working plans; and the topsoil and subsoil mounds shall be graded, grass seeded and managed throughout their respective periods of storage, and the overburden mound, once at its final size, shall be graded to an even slope and grass seeded.

Reason: In the interests of soil management, visual amenity and to minimise dust emissions.

22. That the soil mounds referred to in condition 21 above shall be formed and removed as required in accordance with a soil mound phasing plan to be agreed in advance of any soil stripping operations on site.

Reason: To ensure maximum possible protection from potential noise, dust and visual impacts from the workings.

23. That the following conditions shall be observed to the satisfaction of the Planning Authority: -

(a) before any part of the site is excavated or is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped from that part of the site;

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before the overburden mound is created in the position illustrated on the approved plans, all available subsoil as well as topsoil shall be stripped from that part of the site;

subsoil as well as topsoil shall be stripped from all areas to be excavated for the compound, haul roads and other areas to be traversed by heavy mac h in ery ;

the overburden mound shall not exceed 15metres in height and

all areas of the site left undisturbed, and all topsoil, subsoil and overburden mounds shall be kept free from weeds throughout the duration of the operations.

Reason: In the interests of soil management and amenity.

NOISE AND BLASTING

That the proposal shall accord with a ‘noise action plan’ and ‘blasting action plan’ to be agreed by the Planning Authority in advance of any works commencing on site.


That notwithstanding the terms of condition 24 above, noise levels emanating from the site caused by excavation and associated operations, including transport, maintenance, crushing and screening shall not cause the following noise levels to be exceeded at noise sensitive properties, as agreed in the ‘noise action plan’:

55dBL eq 1 hour between the hours of 07.00 and 19.00 Monday to Friday inclusive and the hours of 07.00 and 13.00 on Saturdays.


That notwithstanding the terms of condition 25 above, noise levels caused by soil stripping and the creation and dismantling of bunds shall not exceed 70dBL eq 1 hour at any noise sensitive property, between the hours of 07.00 to 19.00 Monday to Friday inclusive, for a period not exceeding 8 weeks in one year.


That the noise and blasting action plans shall include a programme for monitoring noise and vibration generated by the operation of the site (including measurement locations, frequency of monitoring and methodology), the outputs of which shall be made available to the Planning Authority.

Reason: In order to allow for the proper monitoring of noise and blasting in the interests of amenity.

That the noise action plan shall include procedures for the investigation by the operator of any breaches of noise levels as set out in conditions 24, 25, 26 and 27 above, and where identified, any operations giving rise to noise levels exceeding specified limits shall be suspended until such time as appropriate remedial action is implemented. A logbook shall be kept on site, and be available for inspection at any

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reasonable time by an officer of the Planning Authority, detailing the exceedence, the subsequent investigation and any remedial action implemented.

Reason: In order to allow for the proper control of noise from the site in the interests of amenity.

That the noise and blasting action plans shall include procedures in instances where relevant noise and vibration conditions are not complied with because of an emergency, and in such instances the operator shall, as soon as possible, and in any event not later than 14 days after the breach, provide the Planning Authority in writing of details of the nature of the emergency and reasons why the noise/vibration condition was not adhered to.

Reason: To allow for the proper control of noise and blasting at the site in the interests of amenity.

That the noise and blasting action plans shall include procedures for dealing with complaints from local residents, and in particular the operator shall carry out investigation to establish the justification (or otherwise) of the complaint. Details of the complaint, the likely cause and any relevant remedial action shall be entered in a log book held on site and available for inspection at any reasonable time by an officer from the Planning Authority.

Reason: To allow for the proper control of noise and blasting at the site in the interests of amenity.

That notwithstanding the generality of condition 24 above, blasting at the site shall comply with the following:

blasting to be confined to the hours of 10.30 and 16.00 Monday to Friday inclusive, and no blasting shall take place on Saturdays or Sundays or public holidays. without the prior written consent of the Planning Authority, within the exigencies of any Health and Safety requirements, the number of blasts shall not exceed two in any one week, with a maximum of one blast per day. no blasting shall be carried out during a temperature inversion and blasting shall be avoided under weather conditions which are likely to direct the blast air overpressure towards noise sensitive properties. blasting shall only take place when preceded by visible and audible warnings. Prior to the commencement of operations on the site, the occupiers of all properties around the site, as agreed in advance with the Planning Authority, shall be notified in writing of the nature of warnings. appropriate blasting techniques shall be adopted and instantaneous charge levels selectedsuch that the resultant peak particle velocity shall not exceed 6mmls in any one plane in 95% of all blasts and no individual blast shall exceed peak particle velocity of 1 Omm/s as would be measured at any vibration sensitive property, as agreed in advance with the Planning Authority. the operator shall notify the Planning Authority and the occupiers of any vibration sensitive property by writing in advance (at least 24 hours notice) of any blast. The notification shall include the intended blasting programme and any subsequent changes. the operator shall submit details of procedures for the notification of blasting to

Transco and Shell UK in respect of their adjoining pipelines, for the avoidance of doubt no blasting shall take place within 500m of the gas pipeline

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Reason: In order to properly control blasting operations at the site, in the interests of amenity.

All blasts shall be monitored and records shall be maintained so that the measurement of peak velocity as restricted in terms of condition 31 (e) above can be identified and these records shall be made available for inspection during office hours at the site and vibrograph analysis charts shall be submitted to the Planning Authority on a monthly basis.

Reason: - To enable the Planning Authority to retain effective control.

Blasting practices shall have regard to safe quarrying practices and be such that under normal atmosphere conditions, the peak linear air over pressure level of 120d shall not be exceeded at any noise sensitive properties.

Reason: - In the interests of amenity of surrounding residents.

That all vehicles and mobile plant on site shall be properly maintained, and provided with suitable and effective silencers where appropriate, or provided with full acoustic screening.

Reason: To minimise noise generation from planthehicle movement in the interest of amenity.

That all vehicles and plant used within the site shall be fitted with reverse warning equipment which adjusts their noise level automatically to 5dB(A) above the ambient noise level.

Reason: To ensure that no noise nuisance emanates from the site in the interests of amenity.

DUST

That the proposal shall comply with the terms of a ‘dust action plan’ to be agreed with the Planning Authority in advance of any works commencing on site,

Reason: To minimise dust generation from the site in the interests of amenity.

That notwithstanding the generality of condition 36 above, the action plan shall accord with the following:

dust suppression equipment, including water spray equipment, shall be available on site at all times and used as required to prevent dust emissions from the site. All areas likely to give rise to airborne dust shall be watered at regular intervals to prevent any dust emission adversely affecting adjoining land or residents. a programme for the monitoring of dust generated by the operation of the site, including measurement locations, frequency of monitoring and methodology. The results of this monitoring shall be submitted to the Planning Authority as soon as possible after they become available, and the operator shall make further provision for reasonable additional measurements following a request by the Planning Authority. any adverse increase in dust levels, due to site operations, shall be immediately

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investigated by the operator. Where identified any operations giving rise to adverse increases in dust levels shall be suspended until such time as appropriate measures have been implemented. A log book shall be held on site and be available for inspection at any reasonable time, by an officer of the Planning Authority, detailing any such adverse increases in dust levels, the subsequent investigations and my remedial action implemented.

where a local resident has cause to make a complaint about dust generated from the site, the operator shall carry out investigations to establish the justification, or otherwise, of the complaint. Details of the complaint the likely cause and relevant remedial action shall be entered in a log book, held on site. Said logbook shall be kept available for inspection at any reasonable time by an officer of the Planning Authority.

Reason: To minimise dust generation from the site in the interests of amenity.

ENVIRONMENTAL PROTECTION, ETC.

That prior to the commencement of any earthworks within the site, secure fencing of a specification, height, style and position to be agreed in advance by the Planning Authority shall be erected around the perimeter of the working area of the site.

Reason: In the interests of public safety.

That all perimeter fences and gates shall be inspected regularly and a log kept of all these inspections the results of which will be made available, if required, by the Planning Authority.


That temporary signs shall be erected around the perimeter of the site warning the public of deep excavations.


That no trees shall be removed without the prior approval of the planning authority, and for the avoidance doubt, those trees immediately to the east and south of East Badallan Farm, those trees around and to the north of West Badallan Farm, and the mature trees adjoining the A71 at its junction with the B715 will be retained.


That all hedges and trees within the site to be retained shall be maintained and protected from damage by appropriate temporary fencing where required throughout the duration of the operations until restoration is completed, the position of the fencing to be agreed with the Planning Authority.


That no stripping of topsoil or deposition of any material shall be carried out within 3 metres of any hedge or the canopy of any tree, and no excavation works shall take place within 12 metres of the canopy of any tree.

Reason: To protect the existing vegetation, and in accordance with submitted details.

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Prior to commencement of work on site, a scheme for a further survey of amphibians and mammals shall be submitted for the approval of the Planning Authority and for the avoidance of doubt that scheme shall include the methodology, timing and location of additional surveys of the Lingore Linn for water voles and for the presence of amphibians within and adjacent to the site and that no work shall commence on any area to be surveyed without the prior consent of the Planning Authority.

Reason: In the interests of biodiversity and habitat protection.

That there shall be a 30metres stand off to all watercourses within the site, within which there shall be no development, including the siting of soil mounds, formation of drainage ditches etc and in particular the area alongside the Breich Water shall be protected by fencing of a specification to be agreed in advance of the commencement of work on site by the Planning Authority.

Reason: To protect and enhance the Breich Water and its setting, and in accordance with the terms of submitted details.

That before works commence on site, a monitoring regime and action plan centering on the Breich Water shall be submitted for the approval of the Planning Authority in consultation with SEPA and this shall address the following matters:

a)

b)

c)

Details of means of assessing water levels at 2 points including details and locations. Details of a regular monitoring programme, results of which shall be made available, if required, to the Planning Authority. Details of appropriate mitigation measures should the conclusions of (a) and (b) above indicate the de-watering of the Breich Water into the site workings.

Reason: To protect the integrity of the Breich Water in the interests of sound water management.

That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA and the Planning Authority .

Reason: In the interests of water management and to prevent pollution of natural watercourses.

That settling ponds shall be provided within the site, to the satisfaction of the Planning Authority, in consultation with SEPA.

Reason: To prevent pollution of natural watercourses.

That any oil, fuel, lubricant or other potential pollutant shall be handled on the site in such a manner as to prevent pollution of any watercourse or groundwater. For any liquid other than water, this shall include storage in suitable tanks housed within a suitable bund or other means of enclosure to provide containment for I 1 0% of the storage capacity and with no passive means of discharge.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

50. That the proposed development shall accord with the terms of a ‘ferruginous soil action plan’ to be submitted to the Planning Authority for its prior approval in consultation with SEPA prior to works commencing on site, and this shall outline procedures for the identification, isolation, storage, encapsulation, burying and recording of such material.

Reason: To minimise post restoration pollution.

51. That the site shall operate in accordance with the terms and conditions set out within the report entitled, “Details for Site Works Associated with Water and Workings in Coal Seams” and where there is any conflict with planning conditions, then the planning conditions will take precedence.

Reason: In the interests of good water management.

52. That before any soil stripping or other excavation works commence within cut 6, a report on Springhill Bog, shall be submitted to the Planning Authority for its prior approval in consultation with SNH, and this shall comprise the following: -

(a)

(b)

2 exploratory boreholes, in locations to be agreed in advance, and the submission of their findings. Based on the conclusions of (a) above, the submission of a revised working area should there found to be any adverse impacts of the site workings on the hydrology of the adjoining bogs.

Reason: To ensure the protection of the bogs in the interests of nature conservation.

53. That before works commence on site, measures designed to mitigate impacts on bird life within the site shall be submitted for the approval of the Planning Authority in consultation with RSPB, and this shall include the establishment of weedy and rough edges around the operational site. These measures shall be implemented within a timescale to be agreed by the Planning Authority.

Reason: To protect birdlife in the vicinity of the site in the interests of nature conservation.

54. That within 6 months of works commencing on site, an “otter ledge” or dry culvert of a specification to be agreed in advance by the Planning Authority in consultation with SNH, shall be installed beneath the Muldron Bridge.

Reason: To minimise otter deaths on the A71 in the interests of nature conservation.

55. That no development shall take place within the site until the operator has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the operator for the prior approval of the Planning Authority and which complies fully with terms of reference to be issued by the West of Scotland Archaeology Service on the Authority’s behalf.

Reason: In accordance with submitted details, and to ensure the proper protection and recording of archaeological remains.

RESTORATION

56. That prior to commencement of development, there shall be submitted to the Planning Authority for its approval, a restoration plan which shall be based on the Restoration Plan Template within the Biodiversity and Open Cast Coal Mining, A Good Practice Guide. The Plan shall include, but not be limited to: - (a) a full description of the restoration proposals; (b) a timetable/schedule of all works; (c) details of the location of paths and their surfacing; (d) details of maintenance arrangements. (e) full details for the reinstatement of the Lingore Linn, including proposals for the

control of alien or invasive species (f) details of future use of any fertilisers, herbicides and pesticides

Reason: To enable the Planning Authority to consider these matters in detail.

57. The Restoration Plan shall be implemented in accordance with the timetable approved under condition 56 above.

Reason: To ensure the reinstatement of the site within a satisfactory timescale in the interests of amenity.

58. That the restoration of the site shall be carried out in accordance with the final contours and other details illustrated on figure 4.2 of the Environmental Statement hereby approved to the satisfaction of the Planning Authority.

Reason: In the interests of proper land management.

59. That, notwithstanding conditions 56 above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority: -

following the replacement of overburden, and before the replacement of subsoil, the upper layers of the overburden shall be rooted and cross-rooted to a depth of 500mm, with boulders and stones exceeding 250mm in one dimension being removed from the site or buried on the site at a considerable depth; all available subsoils shall be re-spread evenly in separate layers of 300mm depth and each layer shall be rooted and cross-rooted, with boulders and stones exceeding 150mm in one dimension being removed; all subsoil areas which have been used for the storing of other subsoil or topsoil shall be rooted and cross-rooted in a similar manner to (b) above; following the replacement of subsoil, all available topsoil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cultivated as required with all stones exceeding 1 OOmm in one dimension being removed; all operations involving subsoil and topsoil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimise soil damage and to maximise the effects of the rooting operations, and that at least 48 hours notice shall be given to the Planning Authority of intention to spread subsoil and topsoil to allow for inspection of the area by the said Authority.

Reason: In the interests of sound soils management.

60. That in the areas identified in the restoration plan for woodland planting, soils should be loosely tipped with subsequent spreading by a backacting excavation.

Reason: To ensure suitable planting conditions.

61, That upon cessation of mineral extraction, all settlement ponds shall be emptied of slurry, filled with dry inert material and restored, and all areas of hardstanding shall be broken up and restored.

Reason: In the interests of effective land management.

62. That within three months of the completion of the restoration of the site, all fixed equipment, plant, machinery and building shall be removed from the site and the access and road widening works restored to their previous condition.

Reason: In the interests of amenity and road safety.

AFTERCARE

63. That at least three months prior to the replacement of topsoil on any phase of the site, a 5 year aftercare scheme for areas defined in the restoration plan as ‘agricultural’ shall be submitted to the Planning Authority for approval, and the scheme shall specify such steps as may be necessary to bring the land to a standard suitable for agricultural use and shall include cultivating, fertilising following soil sampling and analysis, watering, draining and otherwise treating the land.

Reason: In the interests of sound land management.

64. That before any works commence on site, a 10 year aftercare scheme for areas defined in the restoration plan as ‘non-agricultural’ shall be submitted to the Planning Authority for approval, and the scheme shall be prepared and implemented by suitably qualified experts on the individual elements of the scheme.

Reason: In the interests of sound land management and nature conservation.

65. That the requirements of condition 63 and 64 above shall be carried out in accordance with the agreed timescale and shall be managed to the satisfaction of the Planning Authority in accordance with the agreed prescriptions during the relevant aftercare period.


66. That, before 31 st July of every year during the aftercare period, a report shall be submitted to the Planning Authority recording the operations carried out during the previous 12 months and setting out the intended operations for the next 12 months.

Reason: To ensure the satisfactory aftercare of the site.

67. That, before 31st August of every year during the aftercare period, a site meeting shall be arranged with the Planning Authority to discuss the report prepared in accordance with condition 66 above.

Reason: To ensure the efficient monitoring of the aftercare of the site.

68. That a scheme of monitoring wildlife on the site, for the duration of the aftercare period including badgers, water voles, otters and birdlife shall be submitted for the approval of the Planning Authority and thereafter implemented to the satisfaction of the Planning Authority .

Reason: In the interests of nature conservation.

GENERAL

69. That from the commencement of the operations to the completion of the restoration works, a copy of this permission including all the documents hereby approved and any other documents subsequently approved in accordance with this permission shall always be on display at the site during normal working hours.

Reason: To facilitate the effective monitoring of the site by the Planning Authority.

70. That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the operations provided for therein and shall no amend the development without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control.

NOTES TO COMMllTEE

(1) The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of restoration, aftercare works and monitoring, and has also agreed to provide a Bond of Caution in accordance with the Council’s agreed policy and guidelines in respect of working and restoration of the site. If granted, any permission should not be issued until the Agreement and the Bond have been delivered in satisfactory terms.

List of Background Papers

Planning application S/02/00864/MIN and accompanying plans, Environmental Statement and background reports dated July 2002 - Letter from agent (RPS Consultants) dated 28/08/02 - Letter and addendum to ES dated October 2002 - Letter from North Lanarkshire Council dated 17/09/02

Letters of Consultation

Scottish Executive Environment Department dated 25/07/02 and 1811 0102 Association for the Protection of Rural Scotland dated 30/07/02 Historic Scotland dated 22/08/02 Scottish Water dated 26/07/02 West of Scotland Archaeology Service dated 30/07/02 Scottish Wildlife Trust dated - Shell UK dated 05/08/02 SEPA East dated - 12/08/02 Health & Safety Executive dated 22/07/02 Scottish Natural Heritage dated 12/08/02

- RSPB dated 23/08/02 - West Lothian Council dated 0211 0102, 22/10/02 and 2311 0102 - FATAL dated 10/3/01 & 26/3/01

Policv Guidance and Advice

NPPGI - The Planning System (1994) NPPGI 6- Opencast Coal and Related Minerals (1999) NPPG5 - Archaeology and Planning NPPG7 - Planning and Flooding NPPG14- Natural Heritage NPPGl7 - Transport and Planning PAN50 and Accompanying Annex A, B + C- Controlling the Environmental Effects of Surface Mineral Workings (1 996-1 998) The Glasgow and the Clyde Valley Structure Plan 2000 (Adopted with Modifications ISt May 2002) Lothian Structure Plan Shotts Local Plan (1982) Southern Area Local Plan Finalised Draft (Modified June 2001)

Letters of Rewesentation from:

- 72 pro-forma letters of objection with individual signatures * - Letter from LACE dated1 3/08/02 - Letters from FATAL dated 26/07/02, august 2002 and 0411 0102 - Letter from Fauldhouse Community Council dated07/10/02 - Letter from Morningside Residents Association dated 24/10/02

Note: Anyone who wishes to examine the names and addresses * of these letters should contact the Planning and Environment Department at 303 Brandon Street, Motherwell

Any person wishing to inspect the above background papers should telephone 01 698 3021 15 and ask for David Millar.

APPLICATION NO. S/02/00864/MIN

REPORT

1.

1.1

1.2

1.3

1.4

1.5

Description of Proposal

The proposal is to extract coal by opencast methods. The entire site is 87.6ha, with an extraction area of 45.3ha. The amount of coal extracted is to be 570,000 tonnes. The total duration of the development will be four years. This will comprise three years of extraction, including progressive restoration, six months of final backfilling and a further six months to complete restoration works.

Opencast mining involves the removal of the topsoil, subsoil and other superficial deposits followed by the removal of the overlying rock materials (overburden) and coal down to the base of the lowest coal, which is to be recovered. Excavation will be conducted in the main by mechanical means only, although there will be a requirement for limited blasting in about 15% of the excavation associated with the sandstone above the Collinburn and Ball coals. The opencast mining operations will progress across the site in a phased series of operations with progressive restoration, re-vegetation and aftercare following each phase. There will be eight main cuts of coaling, which will be worked in a westerly direction.

The coal preparation facilities (4ha) will be located to the east of West Badallan Farm and will incorporate a closed cycle coal washing plant, screening station and crushing plant, There will be no chemicals used in the coal processing. The site offices, weighbridge and amenity facilities will be located adjacent to the coal preparation areas, In addition to the coal preparation area, site infrastructure will include an overburden storage area, soil bunds and water treatment facilities,

The applicant has indicated that the market for the coal will be distributed to various locations throughout the United Kingdom. It is the applicants expressed intention that coal is to be transported via the proposed Levenseat Rail Terminal, 3kms to the east of the Badallan site access junction. Levenseat Rail Terminal received outline planning consent from West Lothian Council in May 2001. There is potential for 90% of the coal to be distributed by rail. As the Levenseat Rail Terminal is currently unavailable, the Traffic Impact Assessment has been based on the assumption that all coal will be transported by road. The applicants had initially indicated that the proposed route would be via Blaeberryhill Road, north towards Whitburn and then meeting the M8 at Junction 4. It is proposed that the development will have one main site access off the A71 at West Badallan. However, due to traffic restrictions on the rail overbridge at Briech an alternative route required to be identified. An addendum to the Environmental statement was submitted assessing a new proposed Route which would be via the A71 through Allanton to Newmains, then along the A73 to Junction 6 of the M8 and from the M8 to the coal disposal point at Mossend Sidings. Departures of lorries to Mossend will be restricted to the hours of 7am-7pm Monday to Friday and no material will be transported off site on Saturdays and Sundays.

The site would be operated from 7.00 a.m. to 7.00 p.m. Monday to Friday and 7am to l p m on a Saturday, with no mineral workings on a Sunday. The maintenance of machinery would be undertaken on every day of the week.

1.6 The site is expected to offer employment for 50 people, although this would for the most part provide continuity of employment for the applicant’s existing staff, employed at other opencast sites.

1.7 The application was accompanied by an indicative restoration plan. The key elements can be divided into areas both within and outwith the application site. They are summarised as follows:

Restoration Proposals within the Application Site

e Provision of a combined cycleway and walkway between Headlesscross, Damside and Fauldhouse Provision of new shelterbelts (8.5ha) Provision of riparian corridors along the Breich, Lingore Burn and the unnamed burn to the east of the site Provision of three ponds and reedbeds Provision of 2,450 linear metres of new hedgerow, over and above that existing on-site at present Fencing off of the southern extent of the Springhill Bog and the marshy grassland area Retention of existing mature trees Removal of derelict industrial features (disused railway line, spoil heaps)

Restoration ProDosals outwith the ApDlication Site

Approximately, 3.5ha of native woodland will be introduced to the south of the existing Knowles Colliery, to the northeast of the site. This will provide visual and physical linkage with Muldron Forest, to the south of the site, as well as enriching habitat value using native broadleaf species.

e LAW Mining has expressed an intention to donate a 7 ha area of land at the extreme eastern end of the site to Greenburn Golf Club. This will enable the club to extend its course.

1.8 An Environmental Statement forms part of this Planning Application. This is due to the fact that the Environmental Impact Assessment (Scotland) Regulations 1999 requires all opencast proposals where the surface of the site exceeds 25ha, to be accompanied by an Environmental Statement.

2. Description of Site and Surroundinqs

2.1 The entire site extends to 87.6ha, within which lies the excavation area of 45. 3ha. The majority of the site is currently rough grazing and improved pasture. There are also some smaller areas of marshy grassland and remnant disturbed peatland.

2.2 The application site is defined by the Headlesscross Road (B715) to the west, an unnamed burn flowing to the Breich Water to the east, the A71 to the south and the B7010 Springhill and Leadloch Road and two sections of a disused railway embankment to the north.

2.3 The railway embankment runs the length of the site from north east to south west. The site is also crossed by the Lingore Linn, which flows into the Breich Water.

2.4 The site exhibits signs of previous deep mining activity. The south eastern end of the site is partially enclosed by areas of commercial forestry. The western area of the site is more open, with grass fields surrounding the site area.

2.5 The settlement of Shotts, within North Lanarkshire Council is approximately 4.3 kms north west of the application site and the settlement of Fauldhouse, within West Lothian Council is approximately 2.3 kms north east of the application site.

3. History

3.1 The current proposal has had regard to the planning history of proposals for opencast coal extraction at Badallan Farm. Previous applications were submitted by LAW Mining Limited in July 1998 and February 2001. The first proposal extended between Badallan Farm in North Lanarkshire Council into land to the east within the West Lothian Council area. North Lanarkshire Council refused planning permission on the 2Znd June. Law Mining Limited lodged an appeal on lgth January 2000 against the decision by North Lanarkshire Council. Following the submission of the appeal, new evidence was presented related to traffic and levels of dust and as a result, North Lanarkshire Council agreed on 1" March 2000 not to defend its position at the Public Inquiry. On the 1'' December 2000, LAW Mining Limited withdrew from the appeal and the public inqui A further application, for a site wholly within North Lanarkshire, was submitted on 20 February 2001 and was refused planning permission on 7'h February 2002 on the grounds of amenity, environmental disbenefit, transportation, perception of the area and quality of life of residents. An appeal against this decision is due to be heard at a Public Inquiry in the spring of 2003. Having taken into account the reasons for refusal and changed circumstances this current application was submitted for a smaller overall site area, a reduced working area and a reduction in the amount of coal to be won.

Yh-

4. Policy Context

4.1 NPPG 16: Opencast Coal and Related Minerals (1999)

This National Planning Policy Guideline relates to the working of opencast coal and related minerals in Scotland based on the principles of sustainable development. The policy intention is to ensure that full weight is given to the effect on and potential disturbance to local communities as well as other environmental considerations including nature conservation and impact on the environment. In NPPG 16 reference is made to Section 25 of the Town and Country Planning (Scotland) Act 1997, which makes it clear that planning applications are to be determined in accordance with the development plan unless material considerations indicate otherwise, In the interests of protecting communities and the local environment from unacceptable adverse consequences of opencast working, paragraph 23 of NPPG 16 recommends that the following tests should be applied: - (1) Is the proposal environmentally acceptable, taking account of the use of planning

con d it i o ns and/or agreements to offset or mitigate any adverse impacts?

sufficiently outweigh any material risk of disturbance or environmental damage?

(2) If not, are there any local or community benefits related to the proposal, which

In considering these tests NPPG 16 considers that particular attention needs to be given to separation distances between proposed sites and adjacent communities as defined by the planning authority. It goes on to state that as a general rule, working faces within 500 metres are likely to pose a threat to the amenity of a community and are likely to be unacceptable. However, the topography, the nature of the landscape, the respective location of the site and the nearest community in relation to the prevailing wind direction and visibility may justify the distance being tailored to local circumstances and a greater or lesser distance may be justified.

NPPG 16 sets out some of the factors which planning authorities will want to bear in mind in assessing the disbenefits and benefits of an opencast coal proposal. These are detailed in section 8.3 of this report, which considers the consultation responses and representations in the context of the NPPG.

4.2 PAN 50

This advice note sets out best practice and standards for the controlling of most environmental effects found at mineral workings. Supplementary advice is given in the three annexes, which concentrate on noise, dust and site traffic.

5. Development Plan

5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that regard is to be had to the development plan in the assessment of a planning application. The development plan takes the form of the adopted Structure Plan and Local Plan. In the context of this application, the approved Structure Plan is the Glasgow and the Clyde Valley Structure Plan 2000and the adopted Local Plan is the Shotts Local Plan (Adopted 1982). Updated plans, namely the North Lanarkshire Council Southern Area Local Plan Finalised Draft (Modified June 2001), the emerging plan, is currently in the course of preparation and after due statutory process will replace the current Local Plan. The emerging plan should also be taken into consideration. Relevant policies of the adopted and emerging Development Plans are detailed below.

5.2 The Glasgow and the Clyde Valley Structure Plan 2000

The Structure Plan identifies the site as being within one of the search areas for opencast coal. The proposal should be assessed against the criteria in Strategic Policy 9. If all the policy criteria are not met, then the proposal requires to be assessed against Strategic Policy 10. The proposal is to extract over 50,000 tonnes of coal and therefore needs to be assessed against criteria relating to the location of the development and whatever appropriate provision has been made by the developer for the infrastructure or facilities required to make the development acceptable, the implementation of appropriate transport measures for minimisation and management of the future levels of traffic generated, remedial environmental action, maintenance arrangements for the above, and the excavation and recording of archaeological sites where preservation cannot be achieved.

For reasons detailed in the (following) sections 8 and 9 of this report it is concluded that the proposals meet with the terms of Strategic Policy 9, and therefore there is no requirement to consider them in terms of Strategic Policy 10.

5.3 Shotts Local Plan 1982

The adopted local plan for the area dates back to 1982. Policy ‘RUR2’ relates to opencast coal extraction in the area, and states that there will be a strong presumption against mineral extraction on B and B+ quality agricultural land or amenity woodland areas, but no general presumption against mineral extraction on B -, C and D quality land subject to the following guidelines:

(a) No permissions for mineral extraction will normally be granted for sites within % mile of the urban area around Shotts, Allanton, Hartwood, Bonkle (East) and Bowhousebog or within % mile radius of Hartwood and Hartwoodhill hospitals, and

(b) be invited to enter a Section 50 Planning Agreement to guarantee the proper phasing and restoration of the whole area to which the mineral application refers.

Developers will be required to lodge a restoration bond with the Council and will

5.4 Emerging Local Plan Southern Area Local Plan Finalised Draft (Modified June 2001)

Chapter 7 of this plan outlines the Council’s draft policies on mineral extraction and particular attention must be directed to Policies MIN 2, MIN 5, MIN 6 and MIN 7.

Policy MIN2 seeks to direct proposals for opencast coal extraction to preferred areas. The application site is contained within part of the ’Leadloch/Badallan’ preferred area.

Policy MIN 5 presents a list of criteria against which proposals should be judged, namely: - (1) “The environmental implications of the proposal, including the impact on

landscape quality, visual amenity, nature conservation and watercourses. (2) The impact on the residential amenity of nearby communities. (3) Whether the proposal allows for the long term improvement to the appearance

and function of the site and maximises community benefit. (4) The nature of the proposed working methods, including timescales, measures for

screening and aftercare, and (5) The effect on highway safety, traffic movements and the scope to utilise rail

freight.”

Applications for opencast coal extraction also require to be considered in light of the Preferred Area identified in Policy MIN 2.

Within the supporting text to this policy, there are guidelines as to how the policy should be interpreted, and relevant sections are noted below: -

Proposals in prominent locations should be capable of being integrated as far as possible Into the surrounding landscape.

The loss of features which make a positive contribution should be compensated by restoration to a similar or improved state.

It is the responsibility of the applicant to prove that mineral extraction will not cause any significant nuisance to nearby communities. To assist in achieving this,

excavation areas should generally be further than 500 metres from adjoining built up areas.

Traffic generated by mineral operations should be focused on major routes.

Policy MIN 6 states that all planning permissions for mineral extraction should be accompanied by a Guarantee Bond ensuring the eventual restoration and aftercare of the site. If this particular planning application is approved, consent would only be issued once the applicant had delivered a bond for a suitable amount, and in appropriate terms to be assessed with reference to and using the formula within the approved policy. (North Lanarkshire Council’s policy on Bonds of Caution for Opencast Working Sites, approved June 1997 and updated November 2000).

Policy MIN 7 states that all operators of mineral extraction sites will be required at the request of the Council, to submit regular progress plans giving an up to date position statement on their respective operations. In this case, this has been addressed through the use of appropriate conditions and a Section 75 agreement.

There are other policies within this Plan relevant to the proposal, which are not specifically related to mineral extraction, but relate to the area and its environment

Springhill Bog, to the north west of the application site is identified as a SlNC i.e. Site of Interest for Nature Conservation. Policy ENV 14 seeks to protect SlNCs and will not permit development proposals, which would adversely affect them.

The site is also covered by Policy ENV 8, Countryside Around Towns. This states that the Council will seek to promote and protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry, outdoor leisure uses or other appropriate rural uses.

Members will already be aware that the draft Finalised Local Plan has undergone a consultation process, and the Committee was advised of all representations at its meeting of 24th February 1999. Of these, many related to mineral extraction and 6 letters contained objections to the inclusion of Leadloch/Badallan as a preferred area for mineral extraction. Such an objection was submitted by West Lothian Council. North Lanarkshire Council has approved proposed modifications to the draft Finalised Local Plan, none of which affects the status of the proposal site as a preferred area for mineral extraction.

6. Consultations

The planning application was subjected to an extensive consultation process. Below is a summary of responses made to the proposal.

6.1 North Lanarkshire Council

North Lanarkshire Council has commented on this application from two different services- Protective Services, and Transportation.

Protective Services

Protective Services have made comments on three areas - air quality, blasting and noise.

(a) Air Quality - The main issues regarding air quality are that throughout the duration of the works, the best practicable means shall be used to ensure all operations carried out on site are controlled to prevent emissions of dust beyond the site boundaries.

(b) Blasting - The mains issues regarding blasting are the hours of blasting

(c) Noise - The main issues regarding noise are the site’s operating hours and the required mitigation measures to be put into place.

All of the above issues are addressed through conditions 24-35, 36 & 37.

Transportation

The Transportation Section raises no objections in principle to the proposals, subject to a number of conditions, relating to the access arrangements, warning signage and wheel washing.

All of the above points are addressed through conditions 8-1 2, 13 & 16.

6.2 Scottish Natural Heritaae

SNH had no objections in principle to the proposal subject to certain matters being addressed through suggested Planning Conditions.

6.3 Scottish Environment Protection Aaencv (East):

SEPA East had no objections in principle to the proposal as originally submitted, but have asked that the following matters be addressed and/or noted

(a) (b)

The proposals for minimising dust are in accordance with SEPA’s expectations. The proposals for management and treatment of water are satisfactory, as there are arrangements for dealing with fuel oil storage and other contaminated drainage. Contingency plans for dealing with iron rich substrate and ferruginous discharge are to SEPA’s satisfaction.

(c)

These matters are addressed within Section 8 of this report and through conditions 36 & 37 and 46-51.

6.4 Scottish Wildlife Trust

The Scottish Wildlife Trust have no objection the development. Although it will have an impact on the wildlife of the area, given the short life length of the operation and the proposed reinstatement and mitigation measures there will be long term improvements to the area.

6.5 The Association for the Protection of Rural Scotland

The APRS have not objected to this proposal but they have, however, some concerns regarding the cumulative impact of the proposed development.

6.6

6.7

6.8

6.9

Roval Societv for the Protection of Birds

The RSPB has no objections in principle to the proposed development, and are encouraged to see general improvements to the content of this application since the previous submission. They ask that the restoration plan should include repeat breeding bird surveys and include habitat areas outwith the site boundary. These issues are addressed through condition 68.

Historic Scotland

The site contains no sites or features of archaeologicallhistorical interest, which are protected at a national level and have no comment to make on the contents of the ES.

Scottish Water

Scottish Water have no objections in principle to the proposal.

West of Scotland Archaeoloqv Service

The West of Scotland Archaeology Service has no objections to the proposal, subject to conditions regarding the recording of archaeological resources and the implementation of a programme of archaeological work in accordance with a written scheme of investigation. These requirements are recognised by Condition 55.

6.10 Shell UK

Shell UK has no comment to make regarding this application.

6.1 1 Scottish Executive Environment Grow

Under the terms of the Scottish Ministers’ responsibilities for water supply, water protection, sewerage, flood prevention, coastal protection and waste disposal, air quality, countryside and natural heritage they have no comments on the proposal.

6.1 2 Health and Safetv Executive

In terms of the potential impacts of the proposal on nearby major hazards (i.e. the gas and ethylene pipelines), HSE has no objections to the proposal.

6.1 3 West Lothian Council

As the neighbouring authority, West Lothian Council is objecting to this application for the following reasons (in summary): - ( I ) The proposal is contrary with NPPG 16 ‘I Opencast Coal Mining and Related

Minerals; (2) The proposed development is in too close a proximity to a community; (3) The development if it were to proceed, would contribute to a concentration of

mineral workings and waste disposal sites around Fauldhouse; (4) The development would be an intrusive feature in an area of open countryside to

the general detriment of the character and appearance of the landscape; (5 ) The extent of public concern is relevant in material consideration, that mitigates

against the approval of the development

An objection relating to the transportation route originally proposed has been withdrawn, as traffic from the site will no longer be routed through West Lothian.

The issues detailed above have been addressed in Section 8 of this report, with specific reference to the following: Point 1 in paragraph 8.3; Point 2 in paragraphs 8.4 & 8.5; Point 3 in paragraph 8.11; Point 4 in paragraph 8.8 and Point 5 in paragraph 8.12, My conclusions on these issues given in the paragraphs identified do not agree with the views of West Lothian Council. It should, therefore, be noted that West Lothian Council has indicated that if North Lanarkshire Council is minded to grant consent, there are a number of conditions they would wish to be imposed and, where appropriate, these issues have been addressed by North Lanarkshire Council’s conditions. West Lothian Council has also submitted details of the results of a wide ranging consultation recently undertaken relating to some 15 potential or proposed developments and local plan designations in the Fauldhouse area. A large number of responses were received, many relating to concerns about proposals at Badallan. West Lothian Council, however, has indicated that, as the exercise was so wide ranging, they cannot be considered as objections to the application.

7, Representations

7.1 The proposed development has been the subject of advertisement and consultation in accordance with the statutory requirements for applications of this

7.2 In addition, the applicant was required to carry out the normal neighbour notification procedure.

7.3 As a result of the above, North Lanarkshire Council are in receipt of the following:

0

72 letters of objection prepared in a pro-forma basis, almost all of which are from Fauldhouse letters of objection from two anti-opencast action groups, these being; ‘LACE; (Livingston Action Group for the Environment),who wish to maintain previous objections, and ‘FATAL’ (Fauldhouse Against Tipping at Levenseat).

0 A letter of objection from Morningside Residents Association 0 A letter of objection from Fauldhouse Community Council

7.4 The following is a summary of the points raised in the letters of objection, and reference to their assessment is given after each section and in Section 9. It should be noted that some of the points of objection, which LACE wished to maintain from a previous application, have been addressed by the application under consideration e.g. ecological reports and consultations,and those particular objections could be considered as not relating to this proposal.

(a) Policy

0

0

The proposal is not needed since there is an over-production of coal in Scotland and the market for the coal has not been defined. The proposal would not comply with the relevant planning policies contained in the Development Plan, NPPGIG and Planning Advice Note 50.

The issues detailed above are addressed in paragraphs 8.2 & 8.3 of this report.

(b) ImDact on Local Communities

The proposal would be morally wrong due to the detrimental impact on the local community, having a cumulative impact along with other mineral sites in the area, would effect the health and safety of the residents and their quality of life. The proposal would provide little or no local employment opportunities or input into the local economy. Existing residents would want to leave the area and people would be deterred from investing in the area if the opencast site proceeded.

The proposal would provide no benefit for the local community The development would result in a drop in house values in proximity to the site.

0

The issues detailed above are addressed in paragraphs 8.1 1 of this report.

(c) Health

No assessment has been made on the effect of stress on local residents due to the impact of the opencast activity. The dust generated by the site would affect people’s health e.g. respiratory problems, which is already poor in the area. The site would be too close to residential properties and would conflict with Government research on this issue. The application does not provide any proof that no harm would be caused to the health of the community. Recent research shows that opencasting could have a detrimental effect on public health. The Environmental Assessment contravenes the E.U. Directive 85/337/EEC since it ignores the impact on the public within the affected communities and does not contain a full description or assessment of the main factors including the interaction between humans and the environment.

The issues detailed above are addressed in paragraph 8.4 of this report.

Environment

0

0

The proposal would result in a loss of amenity to the local area due to noise, dust and disturbance. It would have a detrimental effect on the wildlife and habitats within and around the site e.g. the Breich Water.

The issues detailed above are addressed in paragraphs 8.8 and 8.10 of this report.

8.

8.1

8.2

Associated Hazards

Minewater could leak from the site and pollute the environment.


Traffic Issues

The traffic would create road safety, dust and noise problems on nearby roads, some of which already have poor accident records.


Pollution

0 Water borne pollution by contaminated water and heavy metals would enter thi headwaters of the Breich Burn and the Lingore Linn with the sensitive Springhill Bo! also affected

The issues detailed above are addressed in paragraphs 8.7 & 8.8 of this.report.

Noise

0 The noise from the blasting, stripping and transportation would cause distress and nuisance to local residents. The issues detailed above are addressed in paragraphs 8.5 and 8.6 of this report.

Planning Assessment

Introduction

In making my assessment of this application, policy guidance and advice must be taken into account, together with any other material considerations including the issues raised by the consultees and objectors.

Policv

As stated in Sections 4 and 5 of this report there is policy advice and guidance relating to this type of application and this section will make an assessment of how the proposal fits in with policy requirements.

Preferred area status for mineral extraction has been conferred upon the site for some time. It is designated within a search area in the Glasgow and the Clyde Valley Structure Plan 2000. In the context of Local Plans, the Shotts Local Plan 1982, Policy ‘RUR2’ relates to opencast coal extraction in the area and section 5.3 detailed the relevant policies The criteria established in the Glasgow and the Clyde Valley Structure Plan 2000 for assessing mineral applications are set out in Section 5.2 of my report and primarily the criteria in the Southern Area Local Plan are set out in Section 5.4. My final conclusions on these criteria are summarised in section 9 of this report following detailed consideration of the various points in this Section .

Policy guidance is contained in NPPG16, and as noted in Section 4 of this report the guidance states that proposals should be put to the following tests:

(a) Is the proposal environmentally acceptable, taking account of the use of planning conditions and/or agreements to offset or mitigate any adverse impacts?

(b) If not, are there any local or community benefits related to the proposals, which sufficiently outweigh any material risk of disturbance or environmental damage?

8.3 In appraising an opencast coal proposal it is important to consider the above questions, as well as taking into account the benefits and disbenefits of such a proposal. NPPG 16 details a list of benefits and disbenefits, which can guide Planning Authorities these are;

Disbenefits: -

0 Proximity to existing communities can have a serious effect not only on an area’s amenity but also on the quality of life for local people.

0 Uncertainty for local communities created by the possibility of site extensions and extended periods of working.

0 Haulage traffic, which passes through existing communities on a regular and frequent basis, can have a significant impact on the amenity and fabric of communities as well as the quality of life for residents.

0 Disturbance and disruption from noise including blasting, pollution of land, air and water (particularly by airborne dust) which can be recurring problems.

0 Radical change to the local landscape is an inevitable, if short term, consequence of opencast working. Even after restoration and aftercare, it can take many years for the landscape to regain maturity and the appearance of being undisturbed. Even then, habitats and species as well as earth science and archaeological features can be lost.

0 The perceived harmful effects of opencast coal and related minerals extraction in relation to efforts to attract and retain investment in an area.

The loss of local opportunities for informal recreation and access to the countryside .

Benefits: -

Economic gains from the level and quality of output of coal and related minerals.

0 Opencast coal and related mineral extraction can occasionally generate a significant number of jobs and where such jobs are genuinely available to local communities, authorities may judge that there is a local benefit to be secured.

0 The removal of all coal and related minerals in one operation which may eliminate the uncertainty of future disturbance.

0 The removal of existing dereliction and land instability which can improve amenity and future development opportunities.

The removal of coal underlying sites which may be required for other permanent development in order to avoid sterilisation of the resource.

Effective restoration and aftercare which can ensure an acceptable after use of the site.

Many of these issues form part of the representations made by consultees and objectors and are part of the material considerations which must be assessed in determining the application. I therefore propose to consider these further in the following order: - Health; Noise; Ground Issues; Visual Amenityllmpact, Transport; Restoration; Cumulative Impact and public concern. It should be noted that many of these form part of the consideration of the Environmental Statement.

My overall conclusions on these matters are contained in Sections 9 and 10 of this report.

8.4 Health

The impact on human health as a result of dust from opencast operations is a particularly contentious issue. It should be noted that the Council’s objection, to the previous application was withdrawn at the appeal stage, due to new evidence being presented regarding health concerns related to opencast operations. It is therefore important that the emerging policy guidance regarding health issues and dust levels is considered.

In the period between the previous and current application regarding Badallan, The Department of Health and Department of Environment and Transport funded a study on the effect of opencast coal mines on the respiratory health of children. The Department of Health in December 1999 published the study, “Do Particles from Opencast Coal Mining Impair Children’s Respiratory Health?”. This study recommended a framework to guide the assessment of the implication of opencast coal proposals on National air quality standards. This means that PMlO air quality impacts from opencast coal sites should be considered as part of the planning system.

Since this study was published in December 1999, NPPG 16 has been updated in particular Paragraph 31, which states that “As a minimum planning authorities and the industry should adopt the researchers’ assessment framework in drawing up or considering new sites, or extensions or modifications to existing sites. In doing so, use should be made of information collected by local authorities in undertaking their responsibilities for Local Air Quality Management. They should also continue to take account of developing good practice.”

Having examined this assessment framework and noted the predictions contained in the Environmental statement, which indicate that the air quality objectives will not be exceeded, the limited potential increase in risk to health is not sufficiently great to justify refusing planning permission. I am also satisfied that conditions can be imposed to ensure that the site is monitored and that if PMIO levels rise further dust suppression measures can be implemented (conditions 36 and 37).

8.5 Noise

The conclusions of the Council’s own noise studies concur by and large with those of the applicant. Recommended noise limits are only likely to be exceeded at 3

properties. Using the worst case scenario, the noise levels at these properties will be exceeded 10-13 decibels. Annex A of PAN 50 indicates that any increase over 10 decibels is likely to lead to complaints, however all of these properties are working farms and two are occupied by the current landowner of most of the application site. Other than these properties, recommended noise levels are not likely to be exceeded and conditions are recommended to limit the noise levels at noise sensitive properties. On the basis of the above, I do not believe that the issue of noise justifies refusal of the application. In addition to ensure that stated noise levels are adhered to, the applicant will undertake to carry out a noise monitoring programme, the results of which will be made available to the Council. These issues have been addressed through conditions 24-35.

8.6 Blastina and Vibration

The main issues regarding blasting and vibration are the appropriate hours of blasting, the number of blasts, the appropriate blasting techniques and the monitoring of all blasts. These issues have been dealt with by requesting the applicant submit a blasting action plan, which will deal with the appropriate procedures for blasting. Planning conditions restricting numbers of blasts, time of blasting, and techniques to ensure specific limits of peak particle velocity are not exceeded at any vibration sensitive property are recommended - conditions 24-35.

8.7 Ground Issues

The main concerns and impact relating to these matters is the potential for ferruginous discharge. The applicant has agreed to prepare a policy for the handling of iron rich soils found on site. Condition 50 refers to this “ferruginous soil action plan”.

8.8 Visual ImDacVAmenitv

The landscape character of the site is not significant in terms of its overall landscape character and quality. There are no landscape or heritage designations, which affect the site directly. It does however, contribute to the wider rural setting of adjacent areas. In particular, the mature trees and knoll associated with West Badallan are recognised as key landscape features. In view of this, proposed limits of excavation have been reduced to retain these features on site.

Opencast coal sites have the potential to inject a significant and detrimental impact on the visual amenity and character of wide areas. Given the site’s location adjoining 3 roads, including the A71 which is the main arterial route into this part of North Lanarkshire, it would appear at first inspection to offer the potential for such a serious impact. However, there are several mitigating factors in favour of the proposal.

All site workings are to be located to the south of the disused railway embankment, which runs through the site. This embankment will act as a visual barrier when the site is viewed from most of the B7010 to the north, For the most part, only the tops of soil mounds would be visible. Given this, it is agreed that the Visual Impact Assessment which forms part the Environmental Assessment correctly classified the visual impact in this area to be slight.

From Fauldhouse, due to the railway embankment of the Shotts-Edinburgh line and an area of forestry, few locations will be afforded views of the site, and the impact of any views would be negligible. The Fauldhouse railway station has clear views of the north and east side of the site. The Environmental Statement states that the change in view from Fauldhouse railway station will be low because the sub-soil bunds will screen working areas from view during year 1. No further views are apparent following restoration of Cuts 3 and 4.

While the yard complex will be in a place for the full life of the proposal, this part of the site will be partially enclosed, being between a forest to the east and the wooded area of West Badallan to the west and a 5.0 metre high soil bund to the south. Clear views of the yard would be restricted to a relatively short stretch of the A71.

At 15.0 metre in height, no screening will hide the proposed overburden mound, although some bunding and trees mentioned will offer it a degree of visual protection. However, by grass seeding and shaping the mound, it will be possible to integrate this large feature into as natural a shape as possible. The grass seeding will also assist in cutting down on dust being blown from the mound.

The Environmental Assessment suggests that the only location where the visual impact would be significant is along the A71, between Muldron Bridge and the A715 which, due to its location and elevation, will look directly into the site.

Thus to conclude on the matter of visual impact, I believe that due to the retention of key landscape features on the site, the visual barrier of the railway embankment and the location of the proposed bunds, the proposed workings will not, on balance, result in a degree of visual intrusion into the surrounding area, which would merit the refusal of planning permission.

8.9 Transport

Access to the site will be from the A71 close to the existing farm access to West Badallan. This will involve some road widening to accommodate a right turn facility into the site. This is designed to a standard recommended by the Council as Roads Authority, and I consider its location and layout to be acceptable.

The access and yard area would be separated by an 80 metre long stretch of tarmac and lorries leaving the site would pass through an automated high pressure wheel and underbody wash which is generally very effective. This should help prevent mud being brought onto the A71 from the site.

Many of the objectors have identified highway safety as a key concern, particularly in relation to the additional lorry traffic that it would generate. These objections were submitted on the basis that the route lorries would follow would take them through West Lothian. However, as has been already pointed out all lorry traffic will now travel west through North Lanarkshire. Traffic will follow the A71, through Allanton, A73, through Newmains, to the M8 at Junction 6. It will then travel to the Mossend Rail Terminal using the Shawhead Interchange and Bellshill By-pass. The route is illustrated in Figure 13.1 in the Environmental Statement Revised Transportation Chapter. Approximately 570,000 tonnes of coal will be extracted from the site over 3 years. This operation will generate the removal of 28 HGV loads of coal from the site per day, equivalent to 56 HGV movements (2-way). Given that the site will be open for

an 11 hour working day, this equates to an average of 5 lorry movements (2-way) per hour.

As part of the Environmental Statement, the applicant has commissioned SlAS Limited, Transport Planners, to carry out a ‘Traffic Impact Assessment’ of the proposal. The assessment is based on the assumption that all coal will be transported by road to Mossend, as the rail facility at Levenseat is currently not available. It concludes that due to the relatively low traffic volumes associated with the development, any increased potential risk associated with development traffic would be negligible.

There is also the matter of amenity to consider, in respect of noise and disturbance from the lorries, and the impact on those living on or close to the proposed routes. Taking into account the nature of the roads used and the small numbers of additional lorry movements it is considered that the amenity of those people along the route is unlikely to alter significantly due to this development.

Relevant policies within the Structure Plan and Draft Local Plan require operators to consider the possibility of transporting coal by rail. In response to this matter, the applicant has expressed an intention to link to the proposed Levenseat Rail Terminal if it comes into operation in the future, but in the interim will be using the existing facility at Mossend.

Condition 18 refers to lorry routing and any proposed alterations to this, with regard to the future transportation of coal via an alternate rail terminal rail.

It is my opinion that anticipated impacts of the proposed transportation methods will not be significant, due to the small number of additional vehicles which the proposal would generate onto the surrounding road network.

8.10 Site Restoration and Aftercare

The site in its present form is fairly bland in appearance, but with some items of interest, for example the mature tree belts between and around the two farmhouses. Ecologically, the potential of the site, afforded by the presence of 3 watercourses and some bog areas, is being lost, primarily due to the intensive manner in which the site is to be operated. However full ecological surveys will be carried prior to the commencement of work out followed by the introduction of appropriate mitigation measures to protect resident animal life. The large amounts of material that have to be removed means that through careful restoration, new landforms in keeping with overall landscape character of the area can be introduced over time involving the creation of new habitats which can contribute to Bio-diversity Action Plan targets.

Therefore the proposed restoration scheme would, in the long term, offer benefits visually, ecologically and to the local community.

To ensure that items such as the ponds and the wet grasslands are created properly, it will be for the applicant to appoint suitably qualified experts to attend to these matters. These would then be the subject of a longer than usual aftercare period (10 years). Also, all non-agricultural items, excluding the golf course, would be the subject of a Section 75 Agreement ensuring their protection in perpetuity.

8.1 1 Cumulative Impact

8.12

It is clear from the letters of objection, that many people in Fauldhouse feel that they are becoming ‘hemmed in’ by what are potentially very disruptive uses. West Lothian are currently considering a planning application for an opencast site to the east of the town at Stonehead Farm although the Council have indicated that the application may be withdrawn. To the south are Levenseat quarry and landfill sites (2 separate sites) and to the north is the Polkemmet site where West Lothian is actively encouraging the removal of bings and remains of old mine workings. There are also proposals for a windfarm at Black Law and for the extension and restoration of a former opencast at Climpy in South Lanarkshire. Finally, the area to the north of the Badallan site is identified in the Structure Plan as a search area and in the Finalised Draft Local Plan as a preferred area for opencast coal extraction.

On assessing this application it is essential to focus on the fact that this site is identified in principle as a potential site for the opencast working of coal in the approved development plan. This consists of both the Glasgow and the Clyde Valley Structure Plan approved after the due process by the Scottish Ministers, and the Shotts Local Plan, which has been adopted after due process by the Council. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires the Council to determine the application in accordance with the development plan unless material considerations indicate otherwise. The proposal is in accordance with the development plan and in my assessment the status of the preferred areas and their implications for cumulative impact were considered as part of the process and were approved as such. Furthermore, the cumulative effects have been assessed in the Environmental Statement and it concludes that these would not be significant in terms of cumulative effects.

On the basis of the above, I do not see the issue of cumulative impact as being one, which would merit the refusal of planning permission for this development.

Public Concern

The Council has received a large number of letters of objection mainly from residents of Fauldhouse and in the form of pro-forma letters. These must be taken into account as a material consideration in assessing the application. The view and particular concerns are summarised in Section 7 above, and my assessment is made in Section 8. Issues such as noise, dust and blasting, and potential pollution are the main concerns, and whilst it is concluded that these will not be significantly detrimental to the environment, public perception of the effects also requires to be given consideration and weight. Whilst there are a large number of representations, in considering the weight to be attached to these, cognisance must also be taken of the temporary nature of development, the mitigating factors proposed and required by conditions. Therefore on balance it is considered that the concerns of the public are not so significant as to outweigh other material considerations.

8.1 3 Conclusion On The Assessment Of The Criteria And Tests Relatina To The 1 Having examined all the points raised by the various consultees and objectors, it is necessary to now make an assessment of the criteria detailed earlier in this report relating to the development plan and NPPG 16.

9. Development Plan

9.1 I would conclude that the Badallan proposal falls within a search area, identified within the Structure Plan. It meets the locational criteria set out in the Structure Plan (Strategic Policy 9B), and also the requirements of. Strategic Policy 9C of that plan in relation to infrastructure, transport measures, restoration and aftercare, and the recording of archaeological records. Adjustments to the access in accordance with the standards of the Council as roads authority are to be made and this is confirmed by conditions 8-1 2, as recommended. Measures to safeguard the water courses, some trees and wildlife are included in the proposals and detailed restoration and aftercare proposals have been made and planning conditions will ensure implementation. Condition 55 requires monitoring and recording of archaeological remains. It is concluded therefore that the proposal meets with the terms of strategic policy 9 of the plan.

The proposal also accords in principle with the policies identified in the adopted Shotts Local Plan 1982 (given the application site is not B or B+ class agricultural land, nor is within % mile of the identified settlements, and that the applicant is willing to enter into an Agreement to secure restoration) and the emerging Southern Area Local Plan (Finalised Draft) (Modified June 2001). The application site is contained within a proposed area for opencast coal extraction in the emerging Local Plan. Judged against the criteria in Policy MIN5, it is concluded in Section 8 above that the environmental implications of the proposal including the impact on landscape quality, visual amenity, nature conservation and watercourses are not significant and where mitigation measures are required these can be required by conditions. Overall it is concluded in Sections 8 that the proposal will not lead to a significant adverse impact on nearby communities. The restoration proposals will lead to improvements to the quality of the land and provide access for public recreation. The proposed working methods, taking cuts in a westerly direction are considered to be satisfactory and the aftercare has been extended to a ten year period. Finally, the effects on highway safety and of traffic movements have been assessed in Section 8.9.The coal extracted from the site will be transported to its final market by rail after a road journey to Mossend and there is the opportunity to further limit the road distance travelled if the Levenseat terminal becomes available.

In terms of Policy MIN6, the applicant has agreed to provide a Bond of Caution to guarantee restoration, and to comply with Policy MIN7, recommended conditions require the submission of progress plans.

It is concluded therefore that the proposed opencast working at Badallan is in direct accordance with the existing and emerging development plans.

Policv

9.2 Section 8.3 above sets out the disbenefits and benefits which NPPG16 identifies for consideration some of the issues have been addressed in Section 8 above, and an ove ral I assessment follows be low.

9.3 In terms of the disbenefits, firstly in relation to the proximity of the proposal to existing communities, the closest settlement is Fauldhouse, within West Lothian, and this lies approximately 2.3 kms to the north east of the application site. The western most part of that community however is at a distance of only some 500 metres from the site. As indicated at 4.2, working faces within 500 metres are likely to be unacceptable. The working face in this instance will be more than 500 metres from the community at

Fauldhouse, and the intervening topography will mean that the site will not be visible from these homes.

The timescale for the extraction is 3 years. Restoration will be on a phased basis with an additional 12 months to complete the final phase. Given the location of the proposal and its boundaries, it is unlikely that the site will be extended.

The potential effect on health of any dust arising from the proposal had been assessed at Section 8.4 and it has been concluded that the estimated levels will not be detrimental to air quality.

Traffic issues are addressed at Section 8.8 above and it is concluded that due to the small number of additional lorries generated by the proposal, the amenity of those people living along the route will not significantly alter.

Noise, blasting and pollution are addressed in Section 8.5, 8.6 and 8.7 respectively. In terms of noise, it has been concluded that there will be an increase in levels beyond the recommended limits at only 3 properties, which are all working farms. Conditions are proposed to restrict noise levels caused by excavation and associated operations including transport, and in addition require monitoring to take place, and reports to be made available. Similarly, conditions restrict and frequency of blasting and require monitoring to be carried out. It is considered that with these restrictions, disturbance and disruption will be kept to a minimum.

Section 8.8 addresses the visual impact of the proposal and concludes that the visual impact of the proposal will be slight. Section 8.10 concludes that the proposed restoration scheme will offer visual and ecological benefits in the long term.

A further potential disbenefit is the perceived harmful effects of such a proposal in relation to efforts to attract and retain investment although the nature of the disruption is relatively short term.

Finally the restoration proposals associated with the extraction will enhance informal recreation and access to the countryside.

In terms of the identified benefits to be considered, clearly there will be economic gain from the proposal, due to employment and money being injected into the local economy. Whilst the proposal will offer local employment opportunities, the applicant has indicated that some of this would be taken up by existing employees currently on other sites.

The proposal is to remove the coal in one operation and it is concluded in Section 8.9 that the restoration proposals would offer recreational benefits to the communities. The location and nature of the site make it unlikely to be required for other permanent development and therefore the proposal cannot be said to bring any benefits in those terms.

There are some small areas of dereliction on the site, which will be worked and resolved to beneficial use as part of the proposals.

The applicants expressed intention to transport coal by rail is welcome.

Finally conditions are proposed to safeguard existing wildlife and to implement restoration proposals which will provide new habitats and improved the bio-diversity of the site.

In conclusion in weighing up the potential benefits and disbenefits, most of the potential disbenefits have been addressed by the applicant or by conditions as recommended, and therefore the disbenefits to the community are very limited. Whilst in terms of the benefits, the proposal does not bring all of those suggested in NPPGIG, it does provide employment and in the longer term, and improved landscape and recreational opportunities and overall it is concluded that the benefits outweigh the disbenefits of the proposal.

In terms of the two tests established in NPPGIG and noted in Section 4.2 above, it is concluded that the assessment of the issues in Section 8 above that the proposal, taking account of planning conditions and the intended Agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997, is environmentally acceptable and therefore passes the first test. The second therefore need not be applied.

10. Conclusions

10.1 In conclusion I consider that this application accords in principle with both the 'current and emerging Development Plans. I also consider that it is acceptable within the policy guidance established in NPPG 16. I have also considered the various other material considerations raised by both consultees and the objections lodged by residents and amenity groups and consider that on balance none of them are sufficient to justify refusing this application.

10.2 In reaching this conclusion, however, it is essential that the applicant enters into a Section 75 Agreement and fully complies with the many conditions required to ensure that the environmental impact of the proposal is minimised and to ensure the effective long term restoration of the site. In addition the applicant must deliver a Bond of Caution in accordance with the Council's agreed policy for the working and restoration of open cast sites.

10.3 Finally it should be noted that West Lothian Council and some of the objectors have requested a hearing before a decision is made on the planning application.

Documents

AGENDA ITEM NO. I - North Lanarkshire Council ... APPLICATION No. S1021008641MIN L?&bhire COAL EXTRACTION BY OPENCAST METHODS BADALLAN FARM, ALLANTON ROAD, SHOTS *\J* p Coundl Repmduced

AGENDA ITEM NO. I - North Lanarkshire Council ... APPLICATION No. S1021008641MIN L?&bhire COAL EXTRACTION BY OPENCAST METHODS BADALLAN FARM, ALLANTON ROAD, SHOTS \J p Coundl Repmduced