DEVELOPMENT CONTROL AND REGULATION COMMITTEE7 January 2015

A report by the Assistant Director of Environment & Regulatory Services___________________________________________________________________

Application No: 4/14/9003 District: Copeland

Parish: Millom Without Parish Council

Applicant: Aggregate IndustriesBardon HallCopt Oak RoadMarkfieldLeicestershire Markfield

Received: 12 June 2014

PROPOSAL A North and Western extension to Ghyll Scaur Quarry including restoration to open water, amenity, nature conservation and commercial forestry afteruse, together with retention of all existing quarry processing plant, ancillary facilities and infrastructure to provide a single consolidating consent for the entire site.Ghyll Scaur Quarry, The Hill, Millom, Cumbria, LA18 5HB

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1.0 RECOMMENDATION

1.1 That, having regard to the Environmental information, planning permission is GRANTED for the reasons stated in Appendix 1 and subject to :

(i) the conditions set out in Appendix 2, and

(ii) the completion of a Section 106 Agreement to secure the Highway Contribution.

1.2 That the Planning Assessment in Section 4 of this report sets out the County Council’s reasons for granting permission for planning permission 4/14/9003 and should form the basis of the statement to be published as required under Regulation 24 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 to inform the public and the Secretary of State of the determination.

2.0 THE PROPOSAL

2.1 This application, accompanied by an Environmental Statement (ES) is for a north and west extension including restoration to open water, amenity, nature conservation, commercial forestry afteruse, together with retention of all existing quarry processing plant, ancillary facilities and infrastructure to provide a single consolidating consent for the entire site.

2.2 The existing quarry covers an approximate area of 19.3 ha with a permitted excavation depth of 10 m AOD. The proposed extension area covers a further 7.4 ha laterally extending the quarry north and westwards. The extension would descend down to the 10 m AOD level with two small lagoons down to 5 m AOD.

2.3 Stone has been extracted from Ghyll Scaur Quarry for many years prior to the 1947 Planning Act. In March 1949 planning permission was approved for the winning and working, crushing and grading of rock (MIA 64). The quarry worked under this permission for 20 years. In November 1972, planning permission was granted for the extraction of gritstone and the installation of additional plant for crushing and coating (MMA 1653). Two applications were conditionally approved in March 1973. The first application (MMA 1653A) was for the erection of screening, crushing and coating plants, stone hoppers, storage for agricultural ground limestone and an office block. The second application (MMA 1780) was for stockpiling crushed stone and the erection of conveyors. The latter application was subsequently revoked in 1989. A weighbridge office, general office and mess room was approved in January 1987 (4/86/1189). In July 1989 consent was granted for development of stocking areas, settling ponds and an amenity bund (4/88/0203) after the signing of a Section 52 Agreement revoking an earlier planning permission. In April 1989 consent was approved from the disposal of overburden and soil by means of landfill (4/89/0075). A further extension to the quarry was approved in 1994 which included improvements to the site access (4/93/9004). This permission consolidated all existing permissions in the quarry. A further extension was granted in 2004 (4/04/9014). The most

recent planning permission was to allow continuation of mineral extraction at Ghyll Scaur Quarry until 31 December 2021 (4/08/9009) was granted in February 2010 and was subject to a Section 106 Agreement dated 5 February 2010 to secure the a financial contribution to highway improvements; management of woodland and maintenance of a pond and wetland area; a rock park interpretation/education facility and viewpoint and a regular quarry liaison committee.

2.4 The site is located on the western side of the Duddon Estuary, approximately 2 km north of Millom. The Hill village lies approximately 450 m east of the application site. There are a number of isolated farmsteads around both and adjacent to the application site. The nearest habitable property to the site is Underwood House which abuts the south western boundary of the access road, this property is in the ownership of Aggregate Industries. To the north east of the quarry is School Ellis where there are a number of isolated properties.

2.5 The quarry is accessed from the A5093 (Salthouse Road) which links the site with the strategic road network of the A595, A590 and M6.

2.6 The proposed development would allow 6.87 million tonnes of igneous rock released in order to maintain supplies of very High Specification roadstone/aggregate (vHSA) which is nationally important. The remaining reserve on the site are currently limited to 2.11 million tonnes which would see the site operational until 2021. The proposed extension would see the life of the quarry extended until 2044/5.

2.7 The method of quarrying would continue to involve a system of drilling, blasting and removal of rock from the working faces by backactor. The mineral would be transported internally to the fixed processing plant using dumper trucks. It is proposed to work the extension area in four phases. The phasing can be broadly summarised as clearing and opening up the upper level in three tranches to reach the maximum lateral extent, before then progressively working each bench down to the base level.

2.8 Initial operation phase is the period covering the transition between the currently permitted development and the commencement of the proposed extension. During this phase, mineral extraction would continue within the permitted quarry void to a depth of 10 m AOD. Mineral would continue to be processed on site and temporarily stocked and sold. Non-saleable mineral from the extraction and production process would continue to be placed directly for restoration within the existing quarry tip. Once extraction has been completed down to 10 m AOD no further quarry waste material would be placed within the existing quarry tip to the south of the site. All non-saleable material would be placed directly within the quarried out void within the eastern flank at the base of the existing quarry. Some of this material would be reassigned to the restoration placement area at a later stage. Final regrading and surface water management works would be carried out to the existing quarry tip to achieve final restoration formation levels. It is anticipated that this work would be undertaken over a period of approximately 91/2 months.

2.9 It is proposed to work the quarry over 4 phases. The quarry phasing would last over a period of 23 years, to provide a total reserve life for the site of approximately 30 years.

2.10 Phase 1 would see the extension of workings in a northern and western direction from the northwest corner of the existing quarry site. This phase would be undertaken over a period of approximately two years. The first part of working, trees would be felled and removed to expose the phase 1 soil/overburden strip area. The soils and overburden would be stripped and used to both restore the quarry tip (previously restored to restoration formation levels) and create the noise attenuation bund running along the northern boundary of the site. A new settlement lagoon would be created on the southern limit of the existing quarry. This would replace the existing lagoon system. Mineral would be extracted, transported to the plant site, processed and temporarily stockpiled and transported off site. The existing quarry benches at 10 m and 21 m would be developed and new faces would be pushed north and west of the current site boundary. The existing haul road would be widened and regarded as necessary. The net saleable tonnage in respect of Phase 1 is assessed to be 817,000 tonnes. Non-saleable quarry material (waste) would be in the order of 99,000 tonnes.

2.11 Phase 2 would involve the quarry continuing in a north westerly direction. This would be undertaken over a period of approximately three years. Trees would be felled and removed to expose the Phase 2 soils/overburden strip area. Soils stripped from Phase 2 would be placed to create the north western screening bund. The bund would be seeded and planted. Overburden stripped from Phase 2 would be transported and deposited within the restoration placement area. Mineral would be extracted from Phase 2, transported to the plant site to be processed, temporarily stockpiled and transported off site. The quarry benches would continue to be pushed north and west. The net saleable tonnage for Phase 2 is expected to be 901,000 tonnes. Non saleable quarry material (waste is expect to be in the order of 105,000 tonnes).

2.12 Phase 3 would involve the continued extension of the quarry in a north western direction and the splitting/progressive restoration of the main production faces. This phase would be undertaken over approximately 12 years. The remaining trees within the south western area of the extension would be felled and removed. Soils would be stripped to create the western/south western bund. The bund would be seeded and planted. Overburden would be stripped, transported and deposited within the restoration placement area. Mineral would be extracted from Phase 3, transported to the plant site to be processed, stockpiled and transported off site. During Phase 3 the quarry faces in the northern and western parts of the extension would reach their final production position. Non saleable quarry material would continue to be placed in the restoration placement area. The net saleable tonnage over this phase would be 3,480,000 tonnes. Non saleable quarry material is expected to be in the order of 406,000 tonnes.

2.13 Phase 4 would involve the working of the remaining faces and benches back and down to the final extent of extraction. This final phase is expected to be

undertaken over 12-13 years. Mineral would be extracted, transported, processed, stockpiled and transported off site. By the end of Phase 4 the upper/upper middle faces and benches of the western quarry extension would have been worked and restored. The net saleable tonnage over Phase 4 is 3,780,000 tonnes. Non saleable quarry material is expected to be in the order of 441,000 tonnes.

2.14 The operating hours of the quarry would remain the same Monday to Friday 07.00 to 19.00 and Saturday 07.00 to 13.00. No working on Sunday, Bank and Public Holidays.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Copeland Borough Council has been consulted but no reply had been received when this report was prepared.

3.2 Copeland Environmental Health Department state it is suggested that the extension we maintin the LA9eq) One hour free field noise levels referred to in the existing noise condition no 25 of planning permission 4/08/9009 subject to any temporary works as soil stripping etc and provision of the new sound barrier in the noise consultant’s report.

No doubt the existing air quality management and noise management plans for the site will have taken into account that clearly two of the neighbouring properties will be at least 200 metres closer to operations than the existing footprint, based on calculations Woods Farm Cottage 190 m, Spunham Farm 450 m, Bankside 580 m and Oaken Stone are the nearest affected properties.

3.3 Highway Authority has made comments on the scheme which includes a Section 106 Agreement for levy of £25.00 per 1,000 tonnes of material exported from the quarry and impact on the public right of way. The impact on the highway; the amount of material proposed to be extracted; impacts on hydrology and the transport assessment. They consider that the transport assessment is robust and acceptable on the basis that the annual output remains at 440,000 tonnes. With regard to hydrology they state that a comprehensive hydrology report has been submitted which shows the existing drainage regimes are acceptable and discharge to Furnace Beck under EA Consent: 017490142, these are to be improved by the substitution of two new settlement lagoons (with the existing being backfilled as part of the restoration, with inert quarry waste). Otherwise the new area will drain into the existing quarry floor where the water table is maintained @10m OD. The report is comprehensive and acceptable;

3.4 Natural England state the application site lies within or close to a European designated site (also commonly referred to as Natura 200 sites), and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The application site is in close proximity to European sites : Duddon Mosses Special Area of Conservation (SAC), Duddon Estuary Special Protection Area (SPA), Morecambe Bay Special Area of Conservation (SAC). Duddon Estuary

Special Protection Area (SPA) and Morecambe Bay Special Area of Conservation (SAC) are also listed as Duddon Estuary Ramsar Site and also notified at a national level as Duddon Estuary Site of Special Scientific Interest (SSSI). Duddon Mosses SAC is also notified at a national level as Duddon Mosses SSSI. In considering the European site interest, Natural England advises that you as a competent authority under the provisions of the Habitats Regulations should have regard for any potential impacts that a plan or project may have.

The consultation documents provided by your authority do not include information to demonstrate that the requirements of Regulations 61 and 62 of the Habitats Regulations have been considered by your authority, i.e. the consultation does not include a Habitats Regulations Assessment.

The application is in close proximity to Duddon Mosses Site of Special Scientific Interest (SSSI) and Duddon Estuary Site of Special Scientific Interest (SSSI). We are satisfied that the proposed development being carried out in strict accordance with the details of the application as submitted, will not damage or destroy the interest features for which the site has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application.

Having reviewed the landscape we do not wish to comment on this element.

3.4 Electricity North West state the development would have no impact on our apparatus.

3.5 Environment Agency state no objection to the proposed development though make the following comments relating to groundwater. A report entitled ‘Hydrogeological Impact Assessment’ (HIA) dated May 2014 has been submitted. The HIA states that the groundwater regime in the quarry area is characterised by the shallow groundwater flow in fracture zones and weathered bedrock section. The underlying bedrock is designated as Secondary B Aquifer, predominantly lower permeability strata with the ability to store and yield limited amounts of groundwater. The site does not fall within a designated groundwater Source Protection Zone. A water features survey conducted as part of this HIA confirmed that private water supplies are present within 2 km radius of the quarry the closest one being a spring approximately 250 m north west of the site.

The HIA states that there is no surface water or groundwater level data collected. Historic information (HIA undertaken in 1993) concluded that the groundwater level in the quarry is between 36-40 m AOD however this has not been confirmed by up to date groundwater level monitoring data. It would be recommended that up to date groundwater level data should be obtained to confirm the assumption made in the 1993 HIA. In this instance considering that the permeability of the worked strata is considered to be low, a groundwater monitoring regime requirement would be much reduced compared to ordinarily expected.

The quarry is currently dewatering and utilises a sump at circa 10 m AOD.

Water is pumped from the sump to 2 existing settlement lagoons which has a water level at circa 26 m AOD and then is pumped to discharge into the Furnace Beck. The proposed water management include relation of 2 settlement lagoons and deepening them to achieve water level to be at 10m AOD to enable dewatering at the permitted level. To achieve this, the HIA states that settlement lagoons will be excavated to 5 m AOD. Dewatering within working area will be done using operational sump excavated to 7 m AOD which will migrate in location to meet production demands. It is noted that the proposed extension does not include deepening the quarry beyond the permitted depth of 10m AOD and it was not considered in the Hydrogeological Impact Assessment.

3.6 Forestry Commission state we would prefer to see no net loss of woodland cover or productive conifer areas, we have no objections. The area to be removed is not classed as Ancient Semi Natural Woodland. The creation of new native woodland on the restored area will help to promote species diversity and contribute to a variety of biodiversity in the woodland unit as a whole which would be covered by a long term Woodland Management Plan that is currently being prepared.

3.7 National Trust state Parkhead Farm is in our ownership and is relatively close to the quarry. Whilst the importance of the mineral resource at Ghyll Scaur Quarry is acknowledged, as is the relevant planning policy background relating to the application site, it is also the case that the intrinsic nature of quarrying operations is intrusive and that they are not good neighbours to residential uses.

It is therefore important the various assessments of the impact of the proposal are fully tested in order that the nature and extent of impacts can be properly considered. In this respect it is noted that the Noise Report indicates that impact will be close to or exceed agreed limits at School Ellis which is in the same direction, albeit a little closer to the application site than Parkhead Farm. If the report is shown to provide a proper assessment of the impacts such that adverse effects are within acceptable limits then it is clearly essential that the proposed mitigation measures are indeed put in place and retained throughout the period of working (including during set up and decommissioning).

There are similar considerations in respect of other impacts such as those relating to transportation, dust and vibration/blasting. Lastly it would be important to ensure that appropriate phased restoration of the site is secured, including proposals for its long term management. Accordingly if the proposed development is considered to be acceptable it is required that appropriate planning conditions and/or legal agreements are put in place to ensure that adequate, long term, mitigation measures and restoration are achieved.

3.8 Cumbria Local Access Forum (Ramblers Association) has no comments.

3.9 United Utilities state that they wish to draw attention to the following as a means to facilitate sustainable development in the region. In accordance with

the National Planning Policy Framework and Building Regulations, the site should be drained on a separate system with foul water drainage to the public sewer and surface water drainage in the most sustainable way.

3.10 Millom Without Parish Council state there are no issues regarding the current operation of the quarry although it is of the opinion that more of the stone should be transported by rail rather than road and it has made representation regarding this in the past and will do so again in relation to the present application.

We believe the current arrangements at the quarry do not cause any serious concern for the following reasons :

- The physical distance seperating quarry activities from nearby properties

- The natural geographic features of the terrain that provide both a physical barrier to noise and visually mask the quarry

- The woodland that sits between the quarry and School Ellis which both attenuates noise and again visually masks the quarry

- The previously limited activity on the north side of the quarry in terms of both blasting and vehicular activity

- The location of the quarry plant and movement routes for heavy transport vehciles away from the north side and at low level in the quarry

- The quarry is far enough away from public footpaths so as not to spoil the view from those footpaths.

In relation to the present application the Council would wish to comment under the following headings :

The application and supporting documentation

Impact of the development

Transportation

The application : We have concerns that the application does not give sufficient information as to how the development and expansion will affect the visual aspect of the area. In particular the photographs submitted are of little if any value in assessing this. In relation to the site preparation and operation there is insufficient information as to how this will be managed :

For instance will the roads be at a high or low level, will the removal of trees to make way for the extension area result in increased noise.

The applicant states that the development will be beneficial to the landscape but this is unsupported by evidence

The applicant states that the development will protect jobs for 30 years but this does not recognise that if the quarry operates at full capacity the extraction could cease after 12 years.

Impact of the development : We have a number of concerns that the development will result in some significant changes that will impact on people, wildlife and ecology. The proposed development in terms of the utilisation of the existing site and its extension will change some significant characteristics of the operation. Most notably :

- Proximity to blasting

- The removal of terrain features currently providing a noise/visual shield

- Removal of trees providing a noise/visual shield

- Exposure of already thinned woodland to winds resulting in the loss of more trees and associated screening

- High levels of activity in areas currenlty quiet

- Potential further removal of trees and terrain to provide a replacement track after the quarry has comsumed the current track

- It is unclear what the routing of heavy plant within the site will be

It is a key argument in the planning application that the proposed changes will not deteriorate the current operating impact, but this is unlikely given the above. The proposed development will expose quarry faces to public view for the first time. Operations to date have very effectively masked the quarry to an extent where both those viewing the landscape form afar and those walking on the footpath along the northern side of the quarry are unaware of its presence. Exposed quarry faces will have significant, and permanent impact on the scenery from many vantage points. The frequently used footpath to the north of the quarry will no longer run through a broad band of woodland but in parts will run along the top of the quarry. Given how popular this is with families and dog walkers, this will have a significant community impact and potentially safety implications given the proximity to rock faces.

The plan envisages the quarry workings will extend right to the boundary of the quarry and parish council wonders if this is permissible in planning law. In relation to the public footpath that runs adjcent to the quarry there is plenty of room between the footpath and the quarry workings so that the view from the footpath is not spoilt. The plan envisages that following the expansion of the quarry the quarry edge will be very close to the footpath and will spoilt the view from the footpath. This will be further exacerbated in that trees between the footpath and the quarry will be removed. The removal and thinning of trees will also impact on noise levels despite the proposed bunds.

Although the life of the operation of the quarry is limited to 30 years maximum the legacy of the quarry will be everlasting. It is our view that any permission

granted should recognise and address these concerns. In conclusion we would propose that there should be a review of the boundary of quarry working and expansion to retain terrain features that :

- Mask the noise of quarry operations and minimise its visual impact

- Restrict the expansion of the quarry along its northern limit to maintain a woodland margin of 100-150 m between the quarry and the footpath.

- Increase the planting of trees around the quarry perimeter and protect these trees from commercial exploitation to ensure the noise and visual shield provided is protected. Clearance of these woods would have a substantial impact on the quarry’s effects on the environment and community.

Transportation : We have the view that the transport assessment which forms part of the supporting documentation contains errors and omissions. The coverage of the assessment is limited to the effects on the A5093 Thwaites to St George’s road whereas the Council is aware of numerous accidents and incidents involving quarry traffic outside that stretch of road namely Duddon Bridge, High Cross, Wreaks Bend amongst others all on the way to Greenodd A590. The summary given in para 9.2.3 ignores the fact that most HGV’s leaving the quarry proceed via the A5092 to Greenodd and not the A595 to Dalton. Para 8.2.3 and 8.2.4 state that the local facilities that were identified in an earlier feasibility study for rail and sea transport alternatives “are understood to be no longer available”. It is our view that these alternatives should be carefully considered and not subject to such a cursory and dismissive waiver. Unless they are considered all additional stone would be transpored by road thus substantially increasing the HGV usage on the local road network.

We would suggest that greater effort should be made by the quarry to install a railhead infrastrucutre to facilitate the transportation of a greater proportion of stone by rail. In this regard the Council would refer you to the Cumbria MWDF Site Assessment Report of Janury 2012 which states that during the consultation regarding the quarry it was clear that the use of rail transport should be maximised.

3.11 Millom Without Parish Council (17 October 2014) state it was agreed to write to you indicating disappoinment that the response from the quarry did not address the many issues raised by the Parish Council. The Parish Council would wish to reiterate its views on the application and wish to expand on those views.

3.13 Whicham Parish Council state that the existing footpaths be protected and that where the extended works might spoil the aesthetics of any footpath then this should be minimized and if necessary the footpath relocated. That every effort be made to use the rail network for the transport of stone from the quarry. That every effort be made to minimise the impact or transport on the road network.

3.14 The local Member Seascale & Whicham ED (electoral boundary changed 2013) has been notified.

3.15 Eight letters of representation have been received. Concerns are raised with regards to blasting, impacts on transport, impact on public rights of way, visual impact, provision of rail sidings, socio economic impact, noise and impacts on water supply/private springs.

4.0 PLANNING ASSESSMENT

4.1 The key planning issue raised by this planning application is whether there is a need for the release of further reserves, and if this can be demonstrated, what the environmental implications of continuing mineral extraction at this site would be.

4.2 Planning legislation requires applications for planning permission to be determined in accordance with policies contained within the development plan unless material considerations indicate otherwise. The development plan in context with considering this application includes the National Planning Policy Framework (NPPF), March 2012; the Cumbria Minerals and Waste Development Framework (MWDF) Core Strategy and Generic Development Control Policy documents, both adopted April 2009, and Copeland Local Plan 2013-2028 Core Strategy and Development Management Policies, adopted December 2013. The draft Cumbria Minerals and Waste Local Plan 2013 to 2028, which has been published in consultation form (February 2013), is also of relevance, however, this has not been adopted and so can be considered of limited weight.

Policy/Need

4.3 Minerals can only be worked where they occur and as they are worked, so the permitted mineral reserve reduces to a point where the reserves are eventually exhausted. Securing planning permission for an extension to a quarry can often take many years in the design and planning of the scheme.

4.4 The application for the extension of Ghyll Scaur Quarry seeks to put in place a new permission that would allow supplies to be continued for approximately 30 years up until approximately 2044/5 without an interruption to the operations and this is important due to the nationally important nature of the mineral reserves at the site.

4.5 The current mineral reserves at the site stands at approximately 2.11 million tonnes. This would mean the remaining reserve would be worked out within 7 years based on 300,000 tonnes per year or 3.8 years if worked at its full capacity of 550,000 tonnes per annum. To ensure a seamless transition an extension would be necessary and therefore it is prudent to seek planning permission now to secure the planning permission and allow time for implementation of the development. The proposed extension would allow an additional 6.87 million tonnes of mineral which would give an overall reserve of 8.98 million tonnes.

4.6 The mineral reserve at Ghyll Scaur is important locally and regional/nationally as it is the only very High PSV (rating of 68+) road stone quarry in England. Nationally the reserve is important as it provides the highest quality road stone. Alternative sites are available in Wales, Scotland and Northern Ireland.

4.7 The need to maintain supply of mineral from Ghyll Scaur is essential in securing the production of the very High PSV rating of road stone can continue in the long term.

4.8 The continuation of quarrying at the site to supply a local and national market is therefore essential.

4.9 The proposed development has been considered against Cumbria Minerals and Waste Development Framework Core Strategy (CS) and Development Control (DC) policies : CS 1 - Sustainable Location and Design; CS 2 – Economic Benefit; CS 4 – Environmental Assets; CS 6 – Planning Obligations; CS 7 – Strategic Areas for New Developments; CS 13 – Supply of Minerals; DC 1 – Traffic and Transport; DC 2 – General Criteria; DC 3 – Cumulative Environmental Impacts; DC 6 – Criteria for Non-Energy Minerals Development; Policy DC 10 – Biodiversity and Geodiversity; DC 11 – Historic Environment; DC 12 – landscape; DC 14 – The Water Environment; DC 16 – Afteruse and Restoration and DC 17 -Planning Obligations. Copeland Local Plan Policies : ST 1 – Strategic Development Principles; SS5 – Provision and Access to the Open Countryside; ENV 1 – Flood Risk and Risk Management; ENV 2 – Coastal Management; ENV 3 – Biodiversity and Geodiversity; ENV 5 – Protecting and Enhancing the Borough’s Landscapes and ENV 6 – Access to the Countryside.

4.10 National Planning Policy Framework (NPPF) Paragraphs 14 – presumption in favour of sustainable development; Paragraph 118 – conserving and enhancing biodiversity; Paragraph 128 – significance of any heritage assets; Paragraph 141 – significance of the historic environment; Paragraph 144 – minerals developments and Paragraph 145 – adequate supply of aggregates.

4.11 The NPPF (Paragraph 145) states that Mineral Planning Authorities should plan for a steady and adequate supply of aggregates by making provision for the maintenance of landbanks for the maintenance of crushed rock. This is echoed by Cumbria MWDF Core Strategy Policy 13 (supply of minerals), which states that provision will be made to identify areas sufficient to maintain landbanks of permitted reserves for supply areas equivalent to at least ten years for crushed rock for general aggregate use, throughout the plan period. The Core Strategy states that at the end of 2005, the crushed rock reserve represents a landbank of over 38 years at the apportionment level or over 41 years at recent sales levels. The draft Local Plan states that reserves of limestone at the end of 2010 stood at 41.4 years, and the just published Cumbria and Lake District Joint Annual Local Aggregates Assessment (JALAA) 2014 (September 2014) incorporating 2013 figures, states that landbank of limestone reserves for general use stands at 42.27 years, which would last until approximately 2056.

4.12 On the basis of the figures available, the Core Strategy states that no action is

needed to maintain the landbank and that no further provision in the plan (up to 2020) can be justified. The Core Strategy however states (paragraph 10.13) that it is possible that a case could be made for extensions to meet shortfalls in particular supply areas or to meet specific needs. This is supported by the NPPF (Paragraph 145) which goes on to state that a period longer than 10 years may be appropriate to take account of the need to supply a range of types of aggregate, the location of permitted reserves relative to markets, and the productive capacity of permitted sites. This approach has been carried forward in the Draft Local Plan which, in accordance Policy SP9 (Mineral Provision and Safeguarding) includes the area which is subject to this planning application as an Area of Search in Site Allocations Policy 6. The Plan states (Paragraph 5.65) that this could be considered for release if a shortfall in the quarry’s supply area can be demonstrated and/or it would secure the most effective use of resources.

4.13 Cumbria MWDF Generic Development Control Policy DC 6 (Criteria for Non-energy Minerals Development) states that proposals for non-energy minerals development outside Preferred Areas will only be permitted if the landbank of reserves with planning permission is below the required level, and there is a need for the proposal to meet the levels of supply identified in the Core Strategy. The policy does go on to state, however, that favourable consideration may also be given to areas already subject to mineral extraction where the additional working would enable comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or a better restoration of the area. In addition, the Cumbria and Lake District Joint Annual Local Aggregates Assessment (JALAA) makes the point (Paragraph 2.14) that although the Government has set a minimum landbank level, there is no maximum level, and each planning application for mineral application must be considered on its own merits regardless of the length of the landbank.

4.14 The applicant has considered the need for the release of additional reserves and there are no alternative sites in England and as the site has an area of search for an extension, it is logical as this policy has been examined in public already, that the extension area is appropriate.

4.15 A number of sites in Cumbria have considerable reserves, but are either inactive for various reasons or are of low productivity. There are three quarries in the north of the County and the remainder of the quarries being available in the east and south of the County which are all restricted by planning conditions which limits their productivity, and provide specific products which supply specific markets within a particular geographic area.

4.16 The need to maintain local supply areas is particularly important to Cumbria, where has dispersed settlement patterns, the distribution of quarry permissions, the topography of the Lake District National Park, and the pattern of the road transport network present a challenge to the movement of minerals throughout the County and to meet the different market needs. This is recognised in the Cumbria and Lake District JALAA. Ghyll Scaur Quarry is the only provider of very high PSV roadstone. It is therefore considered that the proposal meets the exceptions set out in Paragraph 145 of the NPPF

which justify the release of further reserves.

4.17 The continuation of the quarry to supply a much needed reserve to both local and national markets is essential to ensuring the only supply of very High PSV is retained in the Country. The continuation of quarrying would be compliant with Cumbria MWDF Core Strategy Policy 1 (Sustainable location and Design) and Generic Development Control Policy DC 1 (Traffic and Transport) which states that minerals development should be located to minimise operational road miles.

4.18 It should be noted that the proposal would secure the release of new reserves from the extension area. The proposed extension area would enable the remaining permitted reserves to be worked. The proposed extension would clearly secure the more effective use of resources and enable the comprehensive exploitation of reserves, in compliance with Paragraph 5.65 and Policy SAP 6 of the Draft Cumbria Minerals Local Plan and Cumbria MWDF Generic Development Control Policy DC 6.

4.19 It is considered that whilst there exists in Cumbria a generous landbank of crushed rock reserves, the proposal complies with the exceptions set out in development plan policies referred to above that would justify the limited release of further reserves in this case. The continued operation would secure benefits, 19 full time jobs at the quarry and a number of indirect jobs through transport etc and economic benefit in the area. It would also minimise road miles and restoration.

Landscape and Visual Impact

4.20 A Landscape and Visual Impact Assessment (LVIA) accompanies this application which has assessed the likely landscape and visual effects that would result from the proposed development. Ghyll Scaur Quarry sits within Millom Park which is a large woodland area which sits prominent on the Duddon Estuary. The Duddon Estuary forms a gateway to the Southern Lake District Fells and forms part of the European Protected Site of Morecambe Bay. The Lake District National Park boundary is 800 m north of the application site.

4.21 There are a number of villages and small settlements within close proximity of the Ghyll Scaur Quarry namely The Hill 220 m east, The Green 1440 m north east, Millom 1655 m south west. The nearest property is The Underwood Hotel which is owned by Aggregate Industries and sits at the entrance to the quarry, the nearest privately owned properties are in School Ellis 190 m east of the site. There are a number of Public Footpaths (416034, 416077 and 416033) which form part of Millom Park. The public footpaths would not be affected by the proposed extension there would be a screen bund between the footpaths and quarry workings. Ghyll Scaur Quarry is a well screened quarry due to the existing woodland which surrounds the site. However, over the course of phasing elements of the quarry would become more visible making the quarry at times prominent from certain points.

4.22 The baseline for assessment was based on the categorisation of a landscape’s

features and elements that combine to create the distinctive character of an area. Landscape character comprises a description and assessment of the distinct and recognisable pattern of elements and features that occur consistently in a particular type of landscape and how this is perceived. The character of a landscape is a combination of geology, landform, soils, vegetation, land-use and human activities. In addition, character is identified through characterisation, which classifies maps and describes areas of similar character.

4.23 The LVIA concludes that during the proposed development period of the quarry, the development’s impact on the landscape character of the Upland Fringes sub type Foothills LCT has been assessed as having a Negligible Adverse significance of effect due to natural screening of the retained woodland. The restoration scheme would create a water body set within quarried cliff faces and benches. Although this is not characteristic of the Upland Fringes/Foothills LCT, mitigation measures including formation of shallows and an organic shaped margin, plus the formation of scree slopes and/or overtipping of faces will help soften the engineered landform of the existing and proposed quarry extension. The proposal would also include areas of grassland, native broadleaf woodland and scrub planting with characteristic species and woodland and scrub planting in block formations similar to those observed within the surrounding landscape. The restoration scheme attempts to assimilate the above-water faces, benches and restored north western landform into the undulating LCT. In addition the proposed habitats would promote biodiversity.

4.24 The effect of the proposed development on visual receptors has been summarised using 13 Representational Viewpoints within the local area. Elements and features of both the existing and proposed development include : vehicle movements into and out of the application site, views into the plant area from the south of the quarry, the existing tip as an area of open, unwooded disturbed land, the upper faces of the existing and proposed western faces.

4.25 The assessment also considered that during the operational period of the development 4 No. receptor groups assessed as receiving a Moderate Adverse significance of effect – receptors using the section of A5093 roadway which passes the access road, the residential receptors and footpath users to the east and south east of the site within the vicinity of ‘The Hill’ and residential receptors to the east of Millom town. Receptors at these points would either observe the vehicle movements associated with the extension of time over which the development is on-going, areas of the existing site (plant site area) currently visible and the upper faces of the proposed extension area which would result in a 10m higher vertical face than currently observed. These effects are considered to be moderate due to the high sensitivity of the receptors combined with low adverse magnitude of effects. The majority of the receptor group (23 out of 30) have been assessed as receiving slight adverse significance of effects.

4.26 On the completion of quarrying and restoration works it is considered that the restored landscape would result in beneficial visual effects when compared to the current baseline situation. These quarry features would weather and naturally regenerate, helping to assimilate the exposed rock into the surrounding woodland landscape.

4.27 The assessment concluded and was confirmed by the Council’s Countryside and Landscape Officer that the proposed development would be acceptable to landscape and visual receptors during the proposed development period and will benefit the local landscape character and visual receptors, once restoration is complete and establishing.

4.28 Cumbria MWDF Generic Development Control Policy DC 12 Landscape states that proposals should be compatible with the distinctive characteristics and features of Cumbria’s landscape and should avoid significant adverse impacts on the natural and historic landscape and ensure that development proposals consider the effects upon scale in relation to lands ape features, public access and community value of the landscape and openness, remoteness and tranquillity. Copeland Local Plan Policy SS5 states that adequate provision and access to the open space and the development of the Borough’s green infrastructure should be promoted. Cumbria MWDF Generic Development Control Policy DC 2 states that proposals should consider the extent to which adverse effects can be controlled through sensitive siting, design or visual screening. The LVIA submitted by the applicant indicates that the proposal would have only a limited impact upon the landscape and receptors. Given the conclusions, which the County Council’s Principal Planning Officer has agreed with, it is considered that the proposal is compliant with these policies.

Ecology

4.29 Ghyll Scaur Quarry overlooks the Duddon Estuary. Whilst the quarry does not form part of the European Protected Sites of Morecambe Bay Special Area of Conservation, Duddon Estuary RAMSAR and Duddon Estuary Site of Special Scientific Interest it is within 2 km of these protected sites. There are no designated wildlife site within the application site however the woodland in the north eastern corner of the site falls within an area of Ancient Replanted Woodland. There are 11 County Wildlife Sites within 2 km of the quarry. These include grassland, mire, heathland and ancient woodland sites, the nearest being 620 m from the application site boundary. There are also six Local Geological site within 2 km of the quarry which include Ghyll Scaur Quarry LGS which forms part of the south east part of the working quarry but not the proposed extension area.

4.30 The Environmental Statement accompanying this application includes an assessment of the ecological impacts of the development. An extended Phase 1 Habitat Survey comprising a survey of the vegetation and the classification and mapping of the habitats present, with the use of target notes to describe features in more detail, and an assessment of the habitat suitable for and likely presence of rare and protected plant and animal species. The area surveyed consisted of the area of the proposed quarry extension, the existing quarry and the surrounding land within 500 m of the application boundary. The Survey work was carried out on 17 April 2013 and 12 June 2013.

4.31 The surveys and studies undertaken revealed that the proposed quarry extension comprises bare ground with scattered ruderal species. There are quarry faces around most of the working quarry, the eastern side appear to

have been undisturbed long enough to develop some vegetation or have cracks or ledges suitable for breeding birds or roosting bats. Many of the quarry faces are benched and do not provide a significant height of rock face and appear to have few cracks. Other habitats include settling ponds, coarse grassland, coniferous plantation, broad leaved woodland and replanted ancient woodland. The assessment also concluded that there are no records of rare, scarce, protected or BAP plant species and it is considered unlikely to support these plant species. The baseline ecological survey undertaken in 2013 included badger survey, bat survey, red squirrel, otter, pole cats, birds and amphibians.

4.32 There is no record of badger activity on the site or in the extension area although badgers are known to be active in the wider area.

4.33 Bats have been recorded as common pipistrelle, soprano pipistrelle, brandt’s and noctule within 2 km of the site. Bat roosting opportunities were identified in the broadleaved woodland between the active quarry and the southern tip and a strip of mature broadleaved woodland to the east of the tip area. Neither of these areas would be affected by the proposed extension. Bat roosting potential for individual or small numbers of bats were identified in some of the quarry faces.

4.34 One red squirrel was recorded 2 km of the site in 2001, although it is unclear as to the location was given as Wasdale but the grid reference was Millom. The red squirrel northern England holds no records of red squirrels within 2 km of the site.

4.35 There have been records of otters on Black Beck 1.5 km north east of the site and Whicham Beck 2 km north west of the site. There is no suitable habitat for otters on the application site.

4.36 Only one record has been recorded of a polecat in 2003 in Whicham Valley 2.1 km north west of the site. The surrounding habitat is suitable for polecats.

4.37 There are no records or other protected terrestrial mammal species and no sign or potential habitat of other protected mammal species were observed during the survey.

4.38 Five rare or protected bird species have been identified within the site: skylark, song thrush, wood warbler, house sparrow and yellow hammer. Most likely only the song thrush would be present with the application site. One pair of peregrines were nesting in the existing quarry. Peregrines as a Schedule 1 bird of high conservation concern.

4.39 Two palmate newts from the ponds close to School Ellis, two common toad and common frog and many records of natterjack toads have been recorded. No protected amphibians were found within the application site.

4.40 In conclusion the main impact of the proposed extension to the quarry is the loss of an area of conifer trees. The loss is not considered to be significant as it is habitat of low ecological importance. Similar habitat is available adjacent

to the site and the loss of the plantation woodland would be an inevitable result of commercial forestry, even if the area was not quarried. The loss of the conifer plantation is assessed as having a minor adverse impact on breeding birds and foraging bats.

4.41 Impacts of the current and proposed quarrying operations with regards to dust, noise, vibration, light have been considered these are not considered to be not significant. In terms of ecology and nature conservation the proposed extension would not have an unacceptable impact on flora or fauna.

4.42 The NPPF (Paragraph 118) states that when determining planning applications, local authorities should aim to conserve and enhance biodiversity. Cumbria MWDF Core Strategy Policy 4 (Environmental Assets) states that minerals development should aim to protect, maintain and enhance the natural features that contribute to the environment of Cumbria; that planning proposals within or that could affect areas and features of international or national importance must comply with national policy and should demonstrate that they would be enhanced, and that planning permission would not be granted for development that would have unacceptable impacts upon environmental assets not protects by national or European legislation. Copeland Local Plan Policy ENV 3 similarly protects the European and national designations. Cumbria MWDF Generic Development Control Policy DC 10 (Biodiversity and Geodiversity) states that proposals which would impact on locally important biodiversity and geological conservation assets will be required to identify their impact upon and their potential to enhance, resort and add to these resources. Policy DC 16 (Afteruse and Restoration) states that restoration and enhancement measures should maximise their contributions to national, regional and local biodiversity objectives and targets, and that after-uses which enhance biodiversity and the environment will be encouraged.

4.43 It is considered that there would be no impacts from this development upon international or national designations or features and regionally and locally important habitats and features would be conserved, restored and/or enhanced. It is considered that the proposal would comply with all of the development plan policies and objectives.

Impacts of Blasting and Vibration, Noise and Dust

4.44 The environmental impacts of the proposed extension, in terms of effects of vibration from blasting, noise and dust, have been assessed and form part of the Environmental Statement. The assessment has considered the potential impacts of these emissions upon the closest receptors

Blasting and Vibration

4.45 Blasting is currently carried out as part of the existing operations at Ghyll Scaur Quarry and it is proposed that blasts of similar designs are continued in the proposed extension area. Blast induced groundbourne vibration and air overpressure predictions have been made and assessed as part of Environmental Statement. These predictions are based upon data obtained

from current blasting operations at the quarry. It is recommended that maximum instantaneous charge weights when blasting operations are taking place at the nearest points to residential properties are calculated.

4.46 In accordance with current guidelines and existing planning conditions at Ghyll Scaur it is recommended that the properties in the vicinity of the quarry should be limited to a vibration of 6mmsˉ¹ at 95% confidence level. It is envisaged that compliance with the recommended vibration criteria can be achieved at all inhabited property.

4.47 Blast vibration levels are considered to be entirely safe and levels are well below recommended levels relevant British Standard Guidance and Minerals Planning Guide 9. Mitigation measures have been recommended which include adherence to blast vibration limit and continued programme of blast monitoring.

Noise

4.48 The noise assessment has considered the impact of the proposed operations upon the closest receptors are Underwood House, Furnace Beck, dwellings at The Hill and Dashat Gate, Parkside, School Ellis, Parkhead, Spunham Farm, Woods Farm, Bankside and High Lowscales. The site is currently subject to noise controls and these controls would be continued as part of this planning application. A screening bund is proposed around the north and western limit of the proposed excavation to provide attenuation for when operations are at the current ground surface level. Once quarrying operations are undertaken at bench levels below existing ground surface, noise levels at sensitive receptors would be substantially reduced and contained by the quarry faces.

4.49 In terms of noise, the proposed extension would not cause any unacceptable impact on residential amenities. Copeland Environmental Health Department consider that the levels should be maintained as per 4/08/9009.

Dust

4.50 An air quality assessment has been undertaken to consider the effects of dust emissions from the proposed operations. The most sensitive properties are along School Ellis Lane located northeast of the site, especially School Ellis, Parkhead, Parkside and Dashat Gate. These would be subjected to effects of the predominant southwest and westerly air flow observed in the region. These winds generally disperse dust in a northeast and easterly direction towards these receptors. There is a potential for a ‘slight’ dust impact at these receptors. The westerly extension of the quarry would take operations away from these receptors. This combined with the screening, extraction being undertaken at depth and appropriate migration would negate any potential impact on dust on these receptors.

4.51 The extension area would also bring the quarry workings closer to receptors north and northwest of the works. The nearest being Woods Farm, being 370 m northwest of the proposed extension. The impact would be negligible on this receptor. More distant receptors include Spurnham Farm and Bankside

north and northwest of the quarry extension the impacts would be minimal on these receptors. There are some potential sensitive receptors to the south of the quarry namely Underwood House which is in the ownership of the applicant, Hall Bank and Furnace Beck along the A5093. The existing properties along the A5093 are the nearest receptors to the existing processing plan and site access route. The combination and distance from the operations these would have a slight potential of impact from dust.

4.52 It is concluded that the potential for fugitive dust emissions from the proposed extension would be minimal due to the standoff distances between extraction areas and sensitive receptors.

4.53 The NPPF (Paragraph 144, bullet point 4) states that when determining planning applications, local planning authorities should ensure that any unavoidable noise, dust and particle emissions and any blast vibrations are controlled, mitigated or removed at source, and establish appropriate noise limits for extraction in proximity to noise sensitive properties. Cumbria MWDF Generic Development Control Policy DC2 (General Criteria) states that minerals proposals must demonstrate that noise levels, blast vibration and air over-pressure levels would be within acceptable limits, and there would be no significant degradation of air quality, from dust and emissions. It is considered that the working methods and practices proposed, together with the recommended planning conditions, would ensure that the continuation of operations at this site into the proposed extension area, would comply with these policies.

Impacts on Highway and Traffic

4.54 Ghyll Scaur Quarry is accessed from a private purposely made access onto the A5093 which connects on the strategic road network of the A595 which continues to connect to the A5092, A590 and M6. The proposed extension to the quarry would not see any change to the transport routes currently used.

4.55 Ghyll Scaur Quarry currently has a planning condition attached to planning permission 4/08/9009 which allows a maximum of 120 vehicles on a weekday and 60 vehicles on a Saturday to leaving the site. It is proposed to retain this condition as part of the proposed extension. The current average of vehicles is 49 (49 in/49 out). With a maximum level of 9 trips per hour between the hours of 14.00 to 15.00 this equates to 1 vehicle trip every 6 minutes. The proposed extension would not see any increase in vehicle numbers to the quarry. It is proposed to retain the conditions which allows 120 vehicles on weekdays and 60 on Saturdays.

4.56 An assessment of transport impacts was undertaken as part of the Environmental Statement to consider the effects of the proposed development upon traffic movements to and from the site and the resultant impact upon the operation of the transport network and local communities.

4.57 The total output at the quarry would remain at 440,000 tonnes per annum current sales are around 300,000 tonnes per annum (tpa) with an additional 110,000 tonnes mineral may be delivered to Millom solely for the purposes of

onward transportation by sea or rail. The means of access to the site, hours of operation and vehicles used to transport the material would remain unchanged; the market would be similar too, and both the number and distribution of vehicle movements are forecast to remain at existing levels.

4.58 The assessment concludes that the proposed development, which would essentially be a continuation of current operations at the site, would not impact upon the operation of the local highway network or upon local communities. Highways consider that the transport assessment is robust and acceptable on the basis that the annual output remains at 440,000 tonnes.

4.59 Cumbria MWDF Generic Development Control Policy DC 1 (Traffic and Transport) states that proposals for minerals development should be located where they are well related to the strategic road network, and to minimise operational ‘minerals road miles’. It is considered that the proposal is compliant with this policy given its location immediately adjacent to the A5903, and it would continue to serve local markets predominantly with in south and west Cumbria, so contributing to minimising ‘minerals road miles’.

Section 106 Agreement

4.60 Ghyll Scaur Quarry currently has the benefit of a Section 106 Agreement dated 5 February 2010 in connection with planning application 4/08/9009. The existing Section 106 obligations relate to the following:

4.61 The payment of an annual sum of £25.00 per thousand tonnes of material removed from the site to be used for highways improvements.

4.62 The payment of a highways contribution in the sum of £60,000 to make specific highways improvements referred to in the Section 106 Agreement

4.63 To maintain the Pond/Wetland Management Plan

4.64 To maintain and manage the Rock Park

4.65 To maintain and manage the Viewpoint to enable a panoramic view to be secured from a viewing platform in accordance with the provision of the Woodland Management Plan

4.66 To implement the Woodland Management Plan and comply with it.

4.67 Following receipt of the application for the extension, a further S106 Agreement is required to ensure that the annual sum continues to be paid and that the Pond and Wetland Area are maintained. All the other obligations referred to above have been complied with and therefore do not need to form part of the s106 Agreement.

4.68 In order for the planning obligations to constitute a reason for granting planning permission, the tests referred to in Regulation 122 of the Community Infrastructure Levy Regulations 122 need to be complied with in that the obligations must be necessary to make the development acceptable in planning terms, directly related to the development and reasonable in scale

and kind. The proposed obligations are considered to meet these tests and therefore if Members are minded to grant planning permission, then the S106 Agreement needs to be completed before the Planning Permission is released.

Archaeology

4.69 There are no designated heritage assets within the site of within 1 km of the site. The nearest heritage asset is Castle Farm 1.5 km south of the site. This comprises of Grade 1 Listed Millom Castle and Church of the Holy Trinity and gate piers, a cross base and a sundial, all Grade II Listed. The nearest Schedules Monument is 2.1 km south west which comprises of a group of prehistoric circles and a medieval dispersal settlement.

4.70 The scheme involves the removal of a number of trees from Millom Park. There is limited evidence of early prehistoric activity in the area, no evidence of early medieval, evidence of medieval and post-medieval when the emparkment of the site is known to have occurred by 1337. Agricultural activity was known prior to the emparkment. Aerial photographs show walled field enclosures and a possible sheep-fold. Millom Park was disparked in 1802. Following disparkment of the park appears to have been used for grazing and forestry. The situation did not change until the 1960’s when the park was planted with conifer trees.

4.71 The Environmental Statement indicated that the site lies in an area of some archaeological potential. It identifies that prehistoric finds have been recovered close to the site and in the vicinity there are prehistoric settlements, ritual monuments and burial sites. The ES acknowledges that the proposed development therefore has the potential to disturb currently unknown prehistoric archaeological remains of local importance but recommend that no additional archaeological work is undertaken. Whilst there is a possibility that remains may be impacted upon by the proposed development.

4.72 It is recommended that once existing trees have been felled the site is visited by an archaeologist so that they have unrestricted view to determine the presence of any upstanding archaeological remains; the likely impact of the existing plantation on any below ground archaeological remains; the topography and the topographic features. It is recommended that an appropriately worded conditions is imposed to secure the implementation of a programme of archaeological works is included on the granting of any planning permission.

Cumulative Impact

4.73 Ghyll Scaur Quarry occupies an isolated position in the countryside. It sits remotely from commercial operators and residential properties and is mainly surrounded by agricultural and forestry land, mainly in the ownership of Lowther Estates. The quarry has operated for several decades and under its planning permission is subject to various environmental restrictions that set limits to control environmental impacts. These levels have been designed to ensure the quarry operations are restricted to a level that would not have an

unacceptable impact on the local community and environment.

4.74 The site is accessed directly from the A5093 via a dedicated site access and as such traffic entering and leaving the site do not interact with other local traffic until it is on the A5093 which is a strategic road network.

Employment

4.75 Ghyll Scaur Quarry currently employs 19 people 18 of which live locally with significant in-direct employment opportunities in the haulage, goods and service sectors many of which are locally based and support the service of the quarry.

Local Economy/Socio Economic Impacts

4.76 Ghyll Scaur Quarry is a significant contributor to the local economy it is estimated that it contributes between £1.5 to £2 million per annum to the local economy. This figure comprises local inputs such as salaries, the supply network, business rates and national inputs (taxes).

4.77 Whilst the proposed extension area would not create any new jobs it would ensure that employment is retained in the area.

Public Rights of Way

4.78 Three public rights of way have been identified in Millom Park footpath nos 416033, 416034 and 416077. Planning permission was granted for an extension to the quarry in 1994 (4/93/9003 approved 23 August 1994). A footpath diversion order was obtained for footpath nos 416033 and 416034. The diversion order stopped up sections of both footpaths as they crossed the proposed quarry operations at the time.

4.79 None of the public right of ways identified would be affected by the proposed extension area. There may be some level of visual impact along limited sections of the footpaths which are not considered to be significant. The three public footpaths would not be directly affected by the proposed quarry extension.

Rail/Sea Transportation

4.80 There is an existing condition attached to planning permission 4/08/9009 which allows 110,000 tonnes of additional material to be transported by either rail or sea. Material has been removed from the site via rail however there has been issues with this as there is no dedicated rail siding which allows trains to be loaded and leave Millom. A temporary siding was created which allowed “live loading”. However, there were issues with this as trains could not load during normal operational hours (i.e. trains had to wait until the last train to Barrow had left at 10.00 p.m. and the line had to be clear by 5.00 a.m.). Network Rail would only allow material to be transported by rail for projects relating to the energy coast development.

4.81 Transportation of material from Millom Port again is restricted as there is no

designated channel in the estuary for vessels to enter the port and loading facilities are restricted.

Restoration and Aftercare

4.82 It is proposed to restore the site that would be capable of integration into its local setting, that provides new habitat to promote biodiversity and maintain and enhances geo-diversity aspects to increase local amenity value and the site’s potential as an educational/visitor resource. The objectives of the proposed restoration scheme would be to ensure new planting works respect and reflect the identified local character of the area; to establish new habitats including rich grassland, woodland/scrubland, aquatic marginal lake and bare rock/natural regeneration; maintain access and educational geo-diversity material within the Millom Rock Park and enhance visitor use and to control on-site/off-site water management from the restored ground water lake level through a water control point and through a series of small water bodies/brook within the ghyll valley.

4.83 Restoration and aftercare of the site would be controlled through appropriately worded conditions being attached to the granting of any planning permission.

Local Concern

4.84 Eight letters of objection have been received from local residents and Parish Council have concerns regarding impacts on blasting, impacts on transport, impact on public rights of way, visual impact, implementation of rail sidings, socio economic impact, noise and impacts on water supply/private springs.

4.85 Blasting: blasting currently takes place at the quarry and is controlled by an appropriately worded condition which ensures that all blasts should not exceed “peak particle velocity of 6mm/sec in 95% of all blasts as measured over any period of 6 months and no individual blast shall exceed a peak particle velocity of 8 mm/sec as measured at any vibration sensitive properties”. This condition would be retained and monitoring of blasts near to noise sensitive properties would continue during the works in the extension area.

4.86 Impacts on transport: the existing quarry working has a limit on the number of vehicles which leave the site during the working day “The total number of laden heavy goods vehicles leaving the site shall not exceed 120 on any weekday and 60 on Saturdays”. There would be no increase in the number of vehicles permitted to leave the quarry. Vehicular access to the site would remain as existing arrangements. The Parish Council have raised concern with regards to the Transport Assessment submitted. The working in the extension area is not proposing any increase in vehicle numbers or operational hours than what is currently undertaken by the quarry. An appropriately worded condition would be implemented control vehicle number and operating hours.

4.87 Impact on public rights of way: The public rights of way in Millom Park were redirected in 1994 and realigned away from the quarry working. A screen

bund is proposed around the extension area which would reduce any impact of users of the rights of way from viewing the workings of the quarry.

4.88 Visual impact: Ghyll Scaur Quarry is currently well screened from public vantage points. Whilst there are currently forestry works within Millom Park the quarry would remain well screened. However there would be instances during the phasing of the extension where sections of the quarry workings would be visible. The Parish Council have raised concern over the visual and landscape implications the proposed extension would have on the area. Landscapes do change over the course of time and the landscape would change with the existing forestry works which are being undertaken. The visual impact would be a temporary impact during the course of the extension area and would be restored during the restoration of the site

4.89 Provision of rail sidings/Millom port: The condition which relates to material being transported via rail/port would remain as part of the scheme. Material has been taken out by rail for specific projects for Energy Coast developments as Network Rail would only allow live loading when the railway line is not in public use (i.e. between the hours of 10 p.m. and 5 a.m.). The use of Millom port does present issues as there is no designated channel to allow vessels to dock and load at the port. The nearest available loading operational ports are Barrow and Workington.

4.90 Socio economic impact: whilst the proposed extension would not create any new job opportunities the quarry does contribute between 1.5-2 million pounds per year to the local economy through wages, maintenance, aggregates levy, rates and highway contributions. The extension of the quarry would have a positive socio economic impact on the local community.

4.91 Noise: noise impacts and assessments have been undertaken and appropriately worded condition would be maintained to ensure control on noise from the proposed extension would be monitored and controlled as per the existing quarry workings. The National Trust own Parkhead Farm which is 378 m east of the proposed extension area. The current quarry working is within 300 m of the farmstead, thereby any noise impact would be greatly reduced as the quarry workings would be located further away than the existing operations. The Parish Council has also raised concern with regards to noise from the quarry workings. There are noise impacts with the current quarry workings these are temporary during operational hours. Conditions are proposed to be imposed to protect the residential amenities of the local residents which the Local Planning Authority have control over should there be any noise complaints.

4.92 Impacts on water supply/private springs: the proposed extension would not have any significant impact on the current situation at the quarry. Due to the working of the quarry it is not considered that there would be any impact on private water supplies or springs.

4.93 Provision of rail head : The Parish Council wishes greater effort by the applicant to install a rail head at Millom to allow more material to be transported by rail. Whilst this should be encouraged there are issues with

regards to Network Rail having the capacity to allow additional rail traffic on the network and the impact these would have on other rail services.

Human Rights Act 1998

4.94 The proposal will have a limited impact on the visual residential and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.95 This proposal would allow the continued operation of the very High Specification roadstone/aggregate (vHSA) which is nationally important. The quarry has operated for a vast number of years with minimal complaints. Whilst there is a generous landbank of crushed rock reserves in Cumbria which exceeds the minimum requirements set out in Government policy, no maximum reserves threshold have been specified and the proposal complies with the exceptions set out in the development plan policy.

4.96 It is considered that the benefits the continued operation of the quarry would bring in terms of securing local economic benefits, not least by providing job security direct and indirectly for the long term; ensuring a sustainable approach to mineral working by enabling existing permitted reserves to be worked to their full potential and are not sterilised; ensure a sustainable supply of minerals and enabling a restoration scheme.

4.97 In conclusion the proposed extension would allow the continued quarrying of high PSV (68+) roadstone which is the only quarry in England that produces this product. It is recommended that planning permission is granted subject to planning conditions attached in Appendix 2 and the signing of a Section 106 Agreement to secure the highway contribution.

Angela JonesAssistant Director of Environment & Regulatory Services

ContactMrs Jayne Petersen, Kendal, Tel: 01539 713549,; Email: jayne.petersen@cumbria.gov.uk

Background PapersPlanning Application File Reference No. 4/14/9003

Electoral Division IdentificationSeascale & Whicham ED (electoral boundary changed 2013)

Appendix 1Ref No. 4/14/9003

Development Control and Regulation Committee – 7 January 2015

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

Summary of Reasons for Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national planning policy guidance and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council before granting permission were as follows:

CUMBRIA MINERALS AND WASTE DEVELOPMENT FRAMEWORK [CMWDF]

Core Strategy 2009-2020 (Adopted April 2009)

Policy CS 1 - Sustainable Location and DesignProposals for minerals and waste management developments should demonstrate that:- energy management, environmental performance and carbon reduction have been

determining design factors. their location will minimise, as far as is practicable, the "minerals or waste road

miles" involved in supplying the minerals or managing the wastes unless other environmental/sustainability and, for minerals, geological considerations override this aim.

all proposed waste management developments with gross floor space of over 1000 square metres gain at least 10% of energy supply, annually or over the design life of the development, from decentralised and renewable or low carbon energy supplies. Any exceptions to this should demonstrate that this would not be feasible or viable for the specific development and that the development would form part of an integrated process for reducing greenhouse gas emissions or for carbon-offsetting measures.

where appropriate, the restoration proposals have a role in helping to combat climate change.

mineral working proposals should demonstrate a life cycle ("cradle to grave") analysis of product and process carbon emissions.

construction of buildings minimises waste production and use of primary aggregates and makes best use of products made from recycled/re-used materials.

Work will be undertaken, in conjunction with stakeholders, to develop life cycle analysis criteria that are relevant for minerals developments.

Policy CS 2 - Economic Benefit

Proposals for new minerals and waste developments should demonstrate that they would realise their potential to provide economic benefit. This will include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. It will also be important to ensure that minerals and waste developments would not prejudice other regeneration and development initiatives.

Policy CS 4 - Environmental AssetsMinerals and waste management developments should aim to: protect, maintain and enhance overall quality of life and the natural, historic and

other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places.

improve the settings of the features, improve the linkages between them and buffer zones around them, where this is

appropriate; realise the opportunities for expanding and increasing environmental resources,

including adapting and mitigating for climate change.

Areas and features identified to be of international or national importance.Planning application proposals within these, or that could affect them, must demonstrate that they comply with the relevant national policies as set out in Planning Policy Statements. Wherever practicable, they should also demonstrate that they would enhance the environmental assets.

Environmental assets not protected by national or European legislationPlanning permission will not be granted for development that would have an unacceptable impact on these environmental assets, on its own or in combination with other developments, unless:- it is demonstrated that there is an overriding need for the development, and that it cannot reasonably be located on any alternative site that would result in less

or no harm, and then, that the effects can be adequately mitigated, or if not, that the effects can be adequately and realistically compensated for through

offsetting actions.

All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria's environmental assets.Guidance on implementing parts of this policy will be provided by the Landscape Character and Highway Design Guidance Documents and by the Cumbria Biodiversity Evidence Base.

Policy CS 6 - Planning Obligations

Where it is not possible to achieve the necessary control through the use of planning conditions, the County Council will seek to negotiate planning obligations that ensure that development proposals :-

1. Meet the reasonable costs of new infrastructure made necessary by the proposal including transport, utilities and community facilities.

2. Secure long term management of environmental assets.3. Provide financial guarantees where appropriate for restoration works, except

where a national industry guarantee fund is already in place.4. Make a positive contribution to enhancing, maintaining or promoting

sustainable communities.

Policy CS 7 - Strategic Areas for New Developments

The Carlisle and the Workington/Whitehaven areas in the north, and the Barrow-in-Furness and Kendal areas in the south are identified as the strategic locations for major new mechanical and biological treatment plants or transfer stations and the Penrith area for a transfer station for the municipal waste management strategy’s preferred solution for managing municipal waste.

The Kirkby Thore/Long Marton area is identified as the only location for further supplies of gypsum.

Land next to High Greenscoe Quarry is identified as the only location for further supplies of mudstone for Askam in Furness brickworks.

The igneous rocks near Ghyll Scaur Quarry are identified as the only location for further supplies of nationally important very high specification roadstone.

Supply and production areas, strategic locations and preferred sites for further supplies of sand and gravel and crushed rock for general aggregate use will be identified in the site allocations policies development plan document and proposals map.

Policy CS 13 - Supply of MineralsProvision will be made to:- meet the Regional Spatial Strategy's apportionment to Cumbria of primary land

won crushed rock and sand and gravel production, but further apply that apportionment to take account of Cumbria's pattern of quarries

and the areas they supply, and its dispersed settlement pattern and transport routes;

identify areas sufficient to maintain landbanks of permitted reserves for supply areas equivalent to at least seven years sales (using the rolling three-year annual average sales figure) for sand and gravel and at least ten years for crushed rock for general aggregate use, throughout the plan period, and

recognise that the high and very high specification roadstone quarries, gypsum resources and High Greenscoe brick making mudstone quarry are regionally or nationally important,

identify sites for the facilities that will be required to enable at least one quarter of the aggregates used within Cumbria to be met by secondary or recycled aggregates.

Generic Development Control Policies 2009-2020 (Adopted April 2009)

Policy DC1 – Traffic and TransportProposals for minerals and waste developments should be located where they:

a. are well related to the strategic route network as defined in the Local Transport Plan, and/or

b. have potential for rail or sea transport and sustainable travel to work, andc. are located to minimise operational "minerals and waste road miles".

Mineral developments that are not located as above may be permitted if: they do not have unacceptable impacts on highway safety and fabric, the

convenience of other road users and on community amenity, where an appropriate standard of access and traffic routing can be provided, and

appropriate mitigation measures for unavoidable impacts are provided.

Policy DC 2 - General CriteriaMinerals and Waste proposals must, where appropriate, demonstrate that:

a. noise levels, blast vibration and air over-pressure levels would be within acceptable limits,

b. there will be no significant degradation of air quality (from dust and emissions),c. public rights of way or concessionary paths are not adversely affected, or if this is

not possible, either temporary or permanent alternative provision is made,d. carbon emissions from buildings, plant and transport have been minimised,e. issues of ground stability have been addressed.

Considerations will include: the proximity of sensitive receptors, including impacts on surrounding land

uses, and protected species, how residual and/or mineral wastes will be managed, the extent to which adverse effects can be controlled through sensitive siting and

design, or visual or acoustic screening, the use of appropriate and well maintained and managed equipment, phasing and duration of working, progressive restoration, hours of operations, appropriate routes and volumes of traffic, and other mitigation measures.

Policy DC 3 - Cumulative Environmental ImpactsCumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area. Considerations will include:

a. impacts on local communities,

b. all environmental aspects including habitats and species, landscape character, cultural heritage, air quality, ground and surface water resources and quality, agricultural resources and flood risk,

c. the impact of processing and other plant,d. the type, size and numbers of vehicles generated, from site preparation to final

restoration and potential impacts on the highway network, safety and the environment,

e. impacts on the wider economy and regeneration,f. impacts on local amenity, community health and recreation facilities and

opportunities.

Policy DC 6 - Criteria for Non-Energy Minerals DevelopmentProposals for non- energy minerals development inside the identified Preferred Areas will be permitted if they do not conflict with other policies in this plan.

Proposals for non- energy minerals development outside the Preferred Areas will only be permitted if:

a. the landbank of reserves with planning permission is below the required level, and there is a need for the proposal to meet the levels of supply identified in the Core Strategy, and

b. they do not conflict with other policies in this plan and to any relevant locational or site specific policies, and

c. where relevant, there are adequate safeguards for land stability.

Favourable consideration may also be given to proposals that can be demonstrated to be more sustainable than any available alternative, including:borrow pits to meet a specific demand not easily met from elsewhere,building stone quarries to meet the need for stone to match local vernacular

building, and the conservation and repair of historic buildings. areas already subject to minerals extraction where the additional working will

enable comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or a better restoration of the area.

Policy DC 10 - Biodiversity and GeodiversityProposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy, will be required to identify their likely impacts on, and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets, and to functional ecological and green infrastructure networks.

Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that:

a. the need for, and benefits of, the development and the reasons for locating the development in its proposed location and that alternatives have been considered.

b. appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been

taken of opportunities to incorporate beneficial biodiversity and geological conservation features, or

c. where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured, and

d. that all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria.

Policy DC 11 – Historic EnvironmentProposals for waste management developments that would adversely affect a nationally important archaeological site monument or historic asset, whether scheduled or not, or its setting, will not be permitted unless the site and setting can be preserved in situ.

Proposals for mineral developments that would adversely affect a nationally important archaeological site monument or historic asset, whether scheduled or not, or its setting, will not be permitted unless there is an over-riding reason of national importance for the development to proceed, or the site and setting can be preserved in situ.

Proposals that:

a. fail to preserve or enhance the character or appearance of Conservation Areas; or

b. damage, obscure or remove important archaeological sites or other historic features; or

c. are detrimental to the character or setting of a listed building;will not be permitted unless it is demonstrated that the need for and benefits of the development decisively outweigh these interests.Proposals should be accompanied by an assessment of any impacts on the historic environment, including an appropriate level of field investigation if necessary.

Policy DC 12 - LandscapeProposals for development should be compatible with the distinctive characteristics and features of Cumbria's landscapes and should:

a. avoid significant adverse impacts on the natural and historic landscape,b. use Landscape Character Assessment to assess the capacity of

landscapes to accept development, to inform the appropriate scale and character of such development, and guide restoration where development is permitted,

c. in appropriate cases use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process,

d. ensure that development proposals consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquility,

e. ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute

to the built environment,f. direct minerals and waste developments to less sensitive locations,

wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from, and the setting of, Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.

Policy DC 14 – The Water EnvironmentPlanning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface waters and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.

Policy DC 16 - Afteruse and RestorationProposals for minerals extraction, or for temporary waste facilities such as landfill, should be accompanied by detailed proposals for restoration including proposals for appropriate afteruse, financial provision and long term management where necessary. Restoration and enhancement measures should maximise their contributions to national, regional and local biodiversity objectives and targets. In all cases restoration schemes must demonstrate that the land is stable and that the risk of future collapse of any mineworkings has been minimised.

After-uses that enhance biodiversity and the environment, conserve soil resources, conserve and enhance the historic environment, increase public access, minimise the impacts of global warming, and are appropriate for the landscape character of the area will be encouraged. These could include: nature conservation, agriculture, leisure and recreation, and woodland,

Where sites accord with other policies, an alternative or mixed afteruse that would support long term management, farm diversification, renewable energy schemes, tourism, or employment land may be acceptable.

All proposals must demonstrate that:a. for agricultural, forestry and amenity afteruses there is an aftercare management

programme of at least 5 years, but longer where required to ensure that the restoration scheme is established,

b. the restoration is appropriate for the landscape character and wildlife interest of the area, and measures to protect, restore and enhance biodiversity and geodiversity conservation features are practical, of a high quality appropriate to the area and secure their long term safeguarding and maintenance,

c. restoration will be completed within a reasonable timescale and is progressive as far as practicable,

d. provision for the likely financial and material budgets for the agreed restoration, aftercare and afteruse will be made during the operational life of the site.

e. restoration will be undertaken using industry best practice.

Peat workings should be restored to peat regeneration wherever possible.

Policy DC 17 - Planning ObligationsWhere planning obligations or legal agreements are required in order to achieve the necessary control of a development, provision for the following may be included:

a. the undertaking of landscaping, road improvement or other works;b. the implementation of long term monitoring, mitigation and enhancement

measures for environmental assets before, during and after the development;c. the long term restoration and afteruse of sites;d. the long term management of and public access to, sites restored for amenity

purposes;e. the revocation without compensation of a planning permission;f. the provision and maintenance of rights of way;g. the off site monitoring of water courses, groundwater levels and water supply

abstractions; orh. the provision of facilities to compensate local communities for the loss of

amenity.

Copeland Local Plan

Policy ST1 – Strategic Development Principles

The strategic development principles that inform and underpin the Borough’s planning policies are :

a. Economic and social sustainability i support the development of energy infrastructure, related economic clusters, rural diversification and tourism in appropriate location ii support diversity jobs, and investment in education and training especially that which creates and attracts businessiii ensure development creates a residential offer which meets the needs and aspirations of the Borough’s housing marketsiv support development that provides or contributes to the Borough’s social and community infrastructure enabling everyone to have good access to jobs, shops, services and recreational and sports facilities

b. Environmental sustainabilityi. Encourage development that minimises carbon emissions, maximises

energy efficiency and helps us to adapt to the effects of climate change

ii. Focus development on sites that are at least tick from flooding where development in areas of flood risk is unavoidable, ensure that the risk is minimised or mitigated through appropriate design

iii. Protect, enhance and encourage the creation of new areas of green infrastructure, recognising the important role that the natural environment and healthy ecosystems have to play in the future social and economic, as well as environmental sustainability of Copeland

iv. Reuse existing buildings and previously developed land wherever possible, directing development away from greenfield sites, where

this is consistent with wider sustainability objectivesv. Ensure that new development minimises waste and maximises

opportunities for recycling.vi. Minimise the need to travel, support the provision of sustainable

transport infrastructure and measures that encourage its usevii. Prioritise development in the main towns where there is previously

developed land and infrastructure capacity

c. Protect, enhance and restore the Borough’s valued assetsi. Protect and enhance areas, sites, species and features of biodiversity

value, landscapes and undeveloped coast.ii. Protect and enhance the Borough’s cultural and historic features and

their settingsiii. Provide and enhance recreational opportunities for the Borough’s

residents and its visitors, protecting existing provision and ensure that future development meets appropriate standards in terms of quantity and quality

iv. Manage development pressures to protect the Borough’s agricultural assets

v. Support the reclamation and redevelopment or restoration of the Borough’s vacant or derelict sites, whilst taking account of landscape, biodiversity and historic environment objectives

vi. Ensure development minimises air, ground and water pollution

d. Ensure the creation and retention of quality placesi. Apply rigorous design standards that retain and enhance locally

distinctive places, improve build quality and achieve efficient use of land

ii. Ensure development provides or safeguards good levels of residential amenity sand security

iii. Accommodate traffic and access arrangements in ways that make it safe and convenient for pedestrians and cyclists to move around

iv. Ensure new development addresses land contamination with appropriate remediation measures

Planning application that accord to these principles and relevant development management policies, and do not undermine the spatial development strategy will be approved without unnecessary delay, unless material considerations indicate otherwise.

Policy SS5 – Provision and access to the open countryside

Adequate provision and access to open space, and the development of the Borough’s green infrastructure will be promoted by :

A. Protecting against the loss of designated open space (including playing fields, play areas and allotments) within settlements and of the access routes or wildlife corridors which connect them, whilst resulting also that they are well maintained. Where it is necessary to build on land covered by this policy, equivalent replacement provision should be made.

B. Setting minimum open space standards for new development in accordance with policy DM12

C. Promoting the establishment, improvement and protection of green infrastructure networks connecting open spaces with each other and with each other and with the countryside.

Policy ENV 1 – Flood Risk and Risk Management

The Council will ensure that development in the Borough is not prejudiced by flood risk through :

a. Permitting new build development only on sites located outside areas at risk of flooding, with the exception of some key sites in Whitehaven.

b. Ensuring that developments on important regeneration sites in Whitehaven Town Centre and Harbourside and Pow Beck Valley are designed to address the existing levels of flood risk without increasing flood risk elsewhere.

c. Ensuring that new development does not contribute to increase surface water run off through measures such as Sustainable Drainage Systems, where there are practical. Where they are not this should be achieved by improvements to drainage capacity.

d. Supporting measures to address the constraints of existing drainage infrastructure capacity and avoiding development in areas where the existing drainage infrastructure is inadequate.

e. Support for new flood defence measures to protect against both tidal and fluvial flooding in the Borough, including appropriate land management as part of a catchment wide approach.

Individual development proposals will be assessed with regard to Development and Flood Risk under Policy DM24.

Policy ENV2 – Coastal Management

To reinforce the Coastal Zone’s assets and opportunities the Council will :

A promote the developed coast as a destination for leisure, culture and tourism, with strong links to Whitehaven Harbour/town centre in the north and to Millom in the south

B Maximise opportunities along the undeveloped coast for tourism and outdoor recreation through support for the North West Coastal trail and Colourful Coast projects

C Support the management of more of the undeveloped coast for biodiversity

D Support energy generating developments that require a coastal location along the undeveloped coast, provided that the potential impacts on biodiversity, landscape and heritage assets are carefully assessed against the benefits. Where negative impacts are likely these must be mitigated against and compensated for

E Protect the intrinsic qualities of the St Bees Head Heritage Coast in terms of development proposals within or affecting views from the designation.

At the same time encourage schemes which assist appropriate access to and interpretation of the Heritage Coast area

F Work with partners to manage the risks associated with coastal erosion and flooding and ensure that all new development is located outside areas identified as being at risk either now or in future phases of the Shoreline Management Plan.

Policy ENV3 – Biodiversity and Geodiversity

The Council will contribute to the implementation of the UK and Cumbria Biodiversity Action Plan within the plan area by seeking to :

A. Improve the condition of internationally, nationally and locally designated sites

B. Ensure that development incorporates measures to protect and enhance any biodiversity interest

C. Enhance, extend and restore priority habitats and look for opportunities to create new habitat

D. Protect and strengthen populations of priority or other protected speciesE. Boost the biodiversity value of existing wildlife corridors and create new

corridors, and stepping stones that connect them to develop a functional ecological network

F. Restrict access and usage where appropriate and necessary in order to conserve an area’s biodiversity value

Policy DM25 supports this policy, setting out the detailed approach towards managing development proposals that are likely to have an effect on nature conservation sites, habitats and protected species.

Policy ENV5 – Protecting and Enhancing the Borough’s Landscapes

The Borough’s landscapes will be protected and enhanced by :

a. Protecting all landscapes from inappropriate change by ensuring that development does not threaten or detract from the distinctive characteristics of that particular area

b. Where the benefits of the development outweigh the potential harms, ensuring that the impact of the development on the landscape is minimised through adequate mitigation, preferably on site

c. Supporting proposals which enhance the value of the Borough’s landscapes

Policy ENV 6 - Access to the Countryside

The Council’s policy to ensure access to the countryside for residents and visitors by :

a Identifying opportunities to provide or improve access on routes and gateways from settlements and to secure the implementation of improvement

measures with key partners and developersb Investigating opportunities for reclaiming contaminated and derelict land for recreation purposesc Identifying potential for the development of a community forest, long distant walks or outdoor adventure activity centre

3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to:

Paragraph 14At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking.

Paragraph 118

When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:

● if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;

● proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest;

● development proposals where the primary objective is to conserve or enhance biodiversity should be permitted;

● opportunities to incorporate biodiversity in and around developments should be encouraged;

● planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and

● the following wildlife sites should be given the same protection as European sites:

– potential Special Protection Areas and possible Special Areas of Conservation;– listed or proposed Ramsar sites;26 and– sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites.

Paragraph 128

In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.

Paragraph 141

Local planning authorities should make information about the significance of the historic environment gathered as part of plan-making or development management publicly accessible. They should also require developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible.30 However, the ability to record evidence of our past should not be a factor in deciding whether such loss should be permitted.

Paragraph 144

When determining planning applications, local planning authorities should:

● give great weight to the benefits of the mineral extraction, including to the economy;

● as far as is practical, provide for the maintenance of landbanks of non-energy minerals from outside National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage sites, Scheduled Monuments and Conservation Areas;

● ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality;

● ensure that any unavoidable noise, dust and particle emissions and

any blasting vibrations are controlled, mitigated or removed at source,31 and establish appropriate noise limits for extraction in proximity to noise sensitive properties;

● not grant planning permission for peat extraction from new or extended sites;

● provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary….

Paragraph 145

Minerals planning authorities should plan for a steady and adequate supply of aggregates by:

…making provision for the maintenance of landbanks of at least 7 years for sand and gravel and at least 10 years for crushed rock, whilst ensuring that the capacity of operations to supply a wide range of materials is not compromised. Longer periods may be appropriate to take account of the need to supply a range of types of aggregates, locations of permitted reserves relative to markets, and productive capacity of permitted sites…

4 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2Ref No. 4/14/9003

Development Control and Regulation Committee – 7 January 2015

Proposed Conditions

Time Limit for Implementation of Permission1. This permission shall be for a limited period only expiring on 31 December

2045, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, including foundations, hardstandings and the access road shall have been removed from the site, and the site shall have been restored in accordance with the approved scheme.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

Approved Documents

2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The submitted Application Form – dated 12 June 2014b. Planning Application Supporting Statement – dated June 2014c. Environmental Statement and Appendices – dated June 2014d. Plans numbered:

i) M13.105.D.021 – Site planii) M13.105.D.001C - Current situation - the existing quarryiii) M13.105.D.002B – Summary of proposed operations iv) M13.105.D.003B – Proposed extensionv) M13.105B.004C – Proposed extension Phase 1vi) M13.105D.005B – Proposed extension Phase 2vii) M13.105B.006B – Proposed extension Phase 3viii) M13.105.D.007B – Proposed extension Phase 4ix) M13.105.D.010.C – Concept Restorationx) M13.105.D.022 – Schematic Sectionsxi) Approved stocking area

e. The details or schemes approved in relation to conditions attached to this permission.

f. This Decision Notice

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

Approved working programme.

3. The development shall only be carried out in accordance with the approved documents, hereinafter referred to as the approved scheme, or any modification to the approved scheme that may be given prior approval in writing by the Local Planning Authority.

Reason: To define the terms of the permission.

Temporary cessation of operations.

4. In the event that mineral working ceases for any temporary period of more than 12 months, prior to the full implementation of the approved scheme, a revised interim care and restoration scheme for the site shall be submitted to and approved in writing by the Local Planning Authority and when approved implemented in full.

Reason: To secure the proper restoration of the site in the event that operations cease prior to the full implementation of the scheme, in accordance with Policy DC16 of the MWDF.

Permitted Development Rights

5. Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any other legislation, statutory instrument or order revoking and re – enacting that Order), planning permission shall be sought and obtained from the Local Planning Authority, before any development comprised of buildings, structures or erections, plant or machinery (other than those already permitted by any planning permission granted prior to the date of this decision notice), is erected on the site or on any ancillary mining land.

Reason: To minimise the risk of there being an adverse impact arising from the scale and intensity of operations in accordance with Policies DC2 and DC3 of the MWDF.

Appearance of buildings structures etc.

6. The external cladding or finish of all buildings, structures or fixed plant shall only be holly green colour, unless an alternative colour is approved in writing by the Local Planning Authority.

Reason: To minimise the potential for any adverse visual impact to arise in accordance with Policies DC2 and DC3 of the MWDF.

Scale of operations

7. Sales of mineral from the quarry in any 52 week period, commencing from the date of this decision notice, shall not be permitted to exceed the following limits:

(i) 440,000 tonnes maximum in any 52 week period.

(ii) in addition to (i), a further 110,000 tonnes of mineral may be delivered to Millom solely for the purposes of onward transportation by sea or rail during any 52 week period.

The operator shall keep a record of the total sales from the quarry and the total quantity of mineral transported by rail or sea from Millom, for any 52 week period, which shall be disclosed to the Local Planning Authority on request.

Reason: To minimise the potential for there to be any adverse impact arising from operation of the quarry in accordance with Policies DC1, DC2 and DC3 of the MWDF.

8. No waste materials shall be imported to the site.

Reason: To ensure that there are no operations carried out outside of the terms of the original permission and that there is no risk of ground or water pollution in accordance with Policies DC2, DC3 of the MWDF.

Access and traffic

9. No means of access shall be used other than the existing quarry entrance. This shall be maintained in a satisfactory condition free of potholes and debris.

Reason: To prevent any adverse impact on the highway in accordance with Policy DC1 of the MWDF.

10. The total number of laden heavy goods vehicles leaving the site shall not exceed 120 on any weekday and 60 on Saturdays. A record of all laden heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record shall be afforded to the Local Planning Authority on request.

Reason: To minimise the potential for there to be any adverse impact on the public highway and the local community arising from quarry traffic in accordance with Policy DC1 of the MWDF.

11. Notwithstanding condition no 10 an additional 20 laden HGV’s on a weekday and 10 on a Saturday can transport material to Millom for onward transport by rail or sea

Reason: To minimise the potential for there to be any adverse impact on the public highway and the local community arising from quarry traffic in accordance with Policy DC1 of the MWDF.

Environmental controls

12. No operations, including the loading or transportation of minerals or operation of quarry plant, shall take place on site outside the following hours:

0700 to 1900 hours Mondays to Fridays0700 to 1300 on Saturdays.

and not at all on Sundays and Bank or any other Public Holidays.

Notwithstanding these limitations, this condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site.

Reason: To prevent any adverse impact arising through the level and scale of operations in accordance with Policies DC2 and DC3 of the MWDF.

13. Except in the case of emergency, such instances to be notified to the Local Planning Authority, blasting shall not take place outside the hours of 10.00 to 16.00 on Mondays to Fridays and not at all on Saturdays, Sundays, Bank or any other Public Holidays.

Reason: To prevent any adverse impact from blasting in accordance with Policies DC2 and DC3 of the MWDF.

14. The number of blasting operations shall not exceed 5 in any week.

Reason: To minimise the risk of any adverse impact from blasting in accordance with Policies DC2 and DC3 of the MWDF.

15. Within 6 months of the date of this permission, the operator shall submit to the Local Planning Authority for written approval a detailed blasting scheme to include as a minimum:

a. the establishment and subsequent maintenance and refinement of a regression line blast model for the site to inform blast design/charge weights to ensure that ground vibration attributable to blasting at the site does not exceed 6mms-1 with 95% confidence as measured at any residential or commercial premises

b. the monitoring of all blasting episodes to improve the accuracy of the regression line blast model, including the method for accurately establishing the distance the vibrograph is stationed from the blast and the identification of blast monitoring locations;

c. a procedure for recording, investigating and responding to complaints relating to blasting whether received directly or via Cumbria County Council or Copeland Borough Council;

d. in the event of a complaint, affording the Local Planning Authority access to the regression line blast model and associated data;

e. a procedure for reporting the results of blast monitoring and any complaint investigations to the Local Planning Authority;

f. the methods to be employed to minimise the effects of air overpressure arising from blasting, having regard to blast design, methods of initiation and the weather conditions prevailing at the time

The approved monitoring scheme shall then be implemented in its entirety and the results submitted to the Local Planning Authority on request.

Reason: To safeguard the amenity of local residents and to protect the structural integrity of buildings and structures outside the site boundary by ensuring that blasting vibration does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

16. No secondary blasting shall be carried out.

Reason: To minimise the risk of an adverse impact from blasting in accordance with Policies DC2 and DC 3 of the MWDF.

17. No plant, machinery and vehicles used on site shall be operated unless fitted with noise suppression equipment that has been maintained in accordance with manufacturers and/or suppliers instructions. No vehicle shall be operated on the site that has been fitted with a downwards pointing exhaust.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

18. The site shall not be operated unless the operator supplies and maintains on the site at least one water bowser or provide alternative dust suppression equipment. All plant and machinery shall be fitted and use dust suppression equipment as appropriate. If at any time and despite the use of dust suppression equipment any operations give rise to visible airborne dust emissions outside of the site boundary then the operations that give rise to such emissions shall cease until such time as conditions change and dust suppression measures become effective.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

19. All plant, machinery and vehicles used on site that are equipped with audible reversing alarms shall only use ‘white noise’ type systems.

Reason: In accordance with Policies DC 2 and DC3 of the MWDF.

20. Except for the temporary operations referred to in Condition 21, the equivalent continuous noise level attributable to any operations at the site, as measured at any property listed below shall not exceed:

Furnace Beck 55 dB(LAeq 1hr free field)The Hill 48 dB(LAeq 1hr free field)Parkside 49 dB(LAeq 1hr free field)School Ellis 45 dB(LAeq 1hr free field)Woods 45 dB(LAeq 1hr free field)Bankside 45 dB(LAeq 1hr free field)High Lowscales 45 dB(LAeq 1hr free field)

The operator shall carry out noise monitoring at these locations for the duration of the period of operation of the development in accordance with a scheme approved by the Local Planning Authority and the results disclosed to the Local Planning Authority on request.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

21. Temporary operations such as road construction, soil stripping and mound construction, and site restoration shall not be carried out so as to permit noise levels to exceed 70dB(LAeq 1hr free field) as measured at the site boundary. The total duration of such temporary operations which are carried out within the terms of this condition shall not exceed a cumulative total of 8 weeks in any 52 week period.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

22. Within six months of the date of this permission a detailed scheme for the monitoring of noise shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

a. the establishment of long term monitoring points at the properties identified in condition no 20 above including 8 figure Ordnance Survey grid reference for each monitoring point;

b. a method statement for compliance monitoring exercises;c. a procedure for investigating and responding to noise complaints whether

received directly from a member of the public or via Cumbria County Council or Copeland Borough Council;

d. provision for periodic compliance monitoring;e. provision for compliance monitoring during the nosiest operations

(referred to in Condition 21) in relation to each sensitive receptor; andf. provision for reports to be submitted to the Local Planning Authority

following compliance noise monitoring and complaint investigation. Should exceedance of limits (set out in Conditions 20 and 21) be recorded the report shall include mitigation actions to be implemented and a timescale for doing so. These shall include all of the mitigation measures identified in the Walker Beak Mason Noise Report in Appendix C of the Environmental Statement; June 2014.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

23. For any temporary operations carried out under the terms of Condition 21 the Local Planning Authority shall be given not less than 48 hours notice by the operator of their intention to commence any such temporary operations and their planned duration and also of any subsequent proposals to extend the duration of such operations.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

24. No laden HGV’s shall be permitted to leave the site onto the public highway unless the load is sheeted.

Reason: To prevent the carriage of dust and mud on to the highway in accordance with Policy DC 1 of the MWDF.

25. No vehicle other than employees and visitors private motor cars shall be permitted to leave the site to enter the public highway without having used the wheel wash installed on the site under the terms of planning permission 4/93/9004 and this wheelwash shall be maintained in an effective operational condition for the duration of the development.

Reason: In accordance with Policies DC1, DC2 and DC3 of the MWDF.

26. No artificial lighting units installed within in any part of the site shall be installed in any location other than that which would ensure that the lights are not directly visible from any residential property outside the site.

Reason: To prevent any potential for there to be an adverse impact on residential property from light pollution.

Safeguarding water courses and drainage.

27. Throughout the period of working, restoration and aftercare, the operator shall protect and support any ditch, watercourse or culvert passing through the permission area, or satisfactorily divert it and shall not impair the flow or render less effective drainage onto and from land adjoining.

Reason: To prevent any risk of ground or water pollution in accordance with Policies DC2 and DC3 of the MWDF.

28. The site operator shall at all times implement measures to safeguard the site and any adjoining land for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land onto adjoining land, to ensure that there shall be no pollution of watercourses by the approved operations.

Reason: To avoid the pollution of any watercourse or groundwater resource in accordance with Policies DC2 and DC3 of the MWDF.

29. No chemical, oil, diesel or any other potentially polluting liquids shall be stored within the site except within a tank or tanks that are on impervious bases and surrounded by impervious bund walls with the bunded areas capable of containing not less than 110% of the total tank volume and which must enclose all fill and draw valves and pipes shall be directed to discharge downwards into the bund and any sight glasses located above the wall of the bund.

Reason: To prevent any incident of ground or water pollution in accordance with Policies DC2 and DC3 of the MWDF.

Soil management.

30. Topsoil and subsoil shall only be stored and maintained on the site in accordance with the scheme of soil stripping storage and management which is set out on Plan M1/64A within the terms of the Environmental Statement

approved with this planning permission.

Reason: In accordance with Policies DC2 and DC3 of the MWDF.

Archaeology

31. No development shall commence within the extension area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

Reason : To afford the opportunity for an examination to be made to determine the existence of any remains of archaeological or historic interest within the site and to decide on any action to be required for the preservation, protection, examination or recording of such remains.

Restoration

32. No working shall commence in the proposed extension area until a detailed restoration scheme for the site has been submitted to and approved in writing with the Local Planning Authority. The scheme shall include the following :

i) The proposed methods of soil replacement;ii) Seed mixes;ii) The proposed means of drainage on completion;iii) The proposed tree, bush and shrub planting;iv) The maintenance of any planting carried out for a period of not less

than five years.

The restoration shall thereafter only be carried out in accordance with the approved scheme.

Reason: To secure the proper restoration of the site to a nature conservation use in accordance with Policies DC14 and DC16 of the MWDF.

Aftercare

33. The restored site shall be subject to the requirements of an aftercare scheme under the provisions of Section 72(5) of the Town and Country Planning Act 1990. The scheme shall be submitted for the approval of the Local Planning Authority prior to the commencement of the initial restoration works. The scheme shall be in accordance with the basic principles set out in the approved scheme and the requirements shall be carried out for a period of five years from the completion of restoration operations in each phase.

Reason: To provide information not submitted with the application which is necessary to secure the proper aftercare of the restored land and to allow its return to as high a quality as possible, in accordance with and Policy DC16 of the MWDF.

34. Not less than once each year during the aftercare period there shall be a formal review, under the provisions of Section 72(5) of the Town and Country Planning Act 1990, to consider the operations which have taken place on each restored phase and to agree a programme of management for the coming year which shall be adhered to by the mineral operator. At least 2 weeks before the date of each review the operator shall provide all people attending the meeting with a record of the management and operations carried out on each phase during the period covered by the review and a proposed programme of management for the coming year.

Reason To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible, in accordance with Policy DC16 of the MWDF.