Agenda item

Planning Application 2023/93449 to Deepen and extend Windy Ridge Quarry; increase the number of HGV movements permitted; excavate former landfill to recover recyclable materials (retrospective); temporarily store soils on part of the previously restored quarry area (retrospective); form new access; restore the site by infill with construction, demolition and excavation wastes; and recycle imported construction demolition and excavation wastes Windy Ridge Quarry, Cartworth Moor Road, Cartworth Moor, Holmfirth, HD9 2RL.

Ward affected: Holme Valley South

Contact: Farzana Tabasum, Planning Services

Approval delegated.

The Committee considered Planning Application 2023/93449 to deepen and extend Windy Ridge Quarry; increase the number of HGV movements permitted; excavate former landfill to recover recyclable materials (retrospective); temporarily store soils on part of the previously restored quarry area (retrospective); form new access; restore the site by infill with construction, demolition and excavation wastes; and recycle imported construction demolition and excavation wastes Windy Ridge Quarry, Cartworth Moor Road, Cartworth Moor, Holmfirth, HD9 2RL.

Under the provisions of Council Procedure Rule 37, the Committee received a representation from Chris Ballam (on behalf of the applicant).

Resolved –

(1)      That approvalof theapplication andthe issuingof thedecision notice be delegated tothe Headof Planningand Developmentin orderto:

(a)completethe listof conditions including those contained within the report, as set out below, together with additional conditions in respect of:

(i) HGV vehicle movements shall be restricted to 16 (8 in and 8 out) until the approved new access road has been completed and made

operational in accordance with details having been submitted to and approved in writing by the MPA.  Thereafter the HGV movements shall be restricted to no more than 30 (15 in and 15 out).

(ii) a scheme to record vehicles entering and leaving the site

Time limits/restrictions

1.    Period of mineral extraction (to cease by 31st Dec 2028) and completion ofsite restoration(by 31stDec 2030),in accordancewith anapproved restoration scheme

2.    Priorcessationmeasuresto dealwith restorationand aftercarein theevent that mineral extraction is abandoned/ceases

3.    Requirementto haveall approveddocuments onsite forthe durationof operations for inspection

4.    Mitigative measures recommended within the PEA be applied including the protection fornesting birdsduring workon thesite, asdescribed within Section 7.7 of the submitted PEA

5.    Submission of Biodiversity Net Gain (BNG) using the most up to date BNG Metric calculation

6.    Fullrecommendations,mitigationandmonitoringmeasuresofthesubmitted HydrogeologicalRisk Assessment(HRA) tobe employedat therelevant stages of thedevelopment, asspecified inthe HRA. written verificationto be submitted to MPA before continuing onto each stage, verifying works done fully in accordance with HRA.

7.    Restrictionon depthand extentof mineralworkings inaccordance withplan HRA and cross-sectional drawings

Plans

8.    Works to be carried out in accordance with approved details/plans

Access and Vehicular Movements

9.    Restrictionson numbersof heavyvehicle movements(to notexceed 15in and 15 out) any one day

10.HGV’stofollowroute asshown onHGV routingplan ref(10193/S106Traffic route/CJB)

11.ThereshallbenoincreaseinHGVmovementasapproved,until reconstructionof theunsealed “maintainedin character”only sectionof Cartworth Moor Road, subsequent to an initial joint inspection with site operator/council representatives have been carried out.  Specification details for verges, drainage run offs and passing places shall be submitted toand approvedinwritingby theMPA  andworkscompleted(at thecostof theapplicant/siteoperator)inaccordancewithapproveddetails.  Thereafter six monthly joint inspections with site operator/council representative, to be carriedout andany defectsobserved shallbe rectifiedat thecost ofthe applicant within an agreed timescale by the MPA.

12.ThereshallbenoincreaseinHGVmovement,asapproved,untila joint survey with an appropriate Council representative and site operator/applicanthas beencarried outto assessthe existingcondition of thehighways alongthe HGVroute.  Thesurvey shallinclude carriageway andfootway surfacing,verges, kerbs,edgings, streetlighting, signingand white liningdetails.   Thereafterworks shallbe completedin accordance withspecification detailsto besubmitted toand approvedin writingby the MPAand subsidisedby theannual highwaymaintenance fees. Subsequently,six monthlyjoint inspectionswith siteoperator/council representatives, to becarried outuntil siteis fullyrestored.  Anydefects observed shall be rectified within an approved timescale and subsidised by the annual highway maintenance fees.

13.Within1 monthfrom thedate ofpermission beinggranted detailsof wheel bathto besubmitted andapproved inwriting byMPA.  Thewheel bathshall beprovidedin thelocationapprovedbefore bringingintooperationthenew approved access road and thereafter be maintained in good operational condition and used for wheel cleaning for the lifetime of the permission.

14.HGV wheels and chassis to be cleaned before entering highway

15.All loaded HGVs leaving the site to be sheeted

16.Permanent closure of existing vehicular access, details of which shall need to be approvedby MPAand implementedup onbringing intouse thenew access road

17.Planshowing parkingprovision forquarry associatedvehicles/traffic within the application red line

18.Reinstatementofbridleway inaccordance withdetails tobe submittedand approved and approved timescale

Preparatory Works

19.Screenbundstobeconstructed usingon sitematerial onlyas persubmitted details and as per noise assessment

Soil Stripping

20.Alltopsoilsand subsoilto bestripped andstored priorto mineralexcavation

21.Plant of vehicles not to cross unstripped areas of the site

22.Following soil stripping the MPA to be advised of volumes of topsoil and subsoil

23.MPA to be given at least 7 days’ notice prior to soil stripping operations

24.Soilsstoragemound tobe maintainedin goodcondition grassedwithin 3 months and maintained to control weeds

Working Programme

25.RequirementtonotifyMPAatcommencementofworksinvolvingsite preparation,entering anew phase,completion ofbackfill, completionof phased restoration, completion of final restoration

Restoration

26.Notwithstandingsubmittedrestorationplananamendedrestorationplan withfull detailsto besubmitted andapproved withfull detailsincluding 10 % BNG

27.Submission of soft landscaping details

Soil replacement during restoration

28.Nooverburdento beremovedfrom thesiteorstoredabove existingground levels

29.Site to be progressively restored as indicated on submitted phases

30.Subsoiland topsoilto bespread atspecific depthsand tobe workedto provide a satisfactory medium for planting

31.The MPA to be given 7 days’ notice prior to the spreading of sub soil or top soil

32.Anyarea ofgrass seedingfails, it willbe re-seededwithin thenext available planting season

33.Allsiteinfrastructureto beremovedincludingaccessroad withland reinstated tothelevelsshown onrestoration levelsdrawing

34.Completionof restoration works in accordance with soft landscaping details

Amenity

35.Hoursfor operationof thequarry inaccordance withthose suggestedby Environmental Services

36.Siteoperations tocomply withstipulated noiselevels atsite boundaryas recommended

37.Sitetooperatein accordancewith dustmanagement schemeto be submitted & approved by MPA

38.No fires or blasting at the site

39.Reporting of unexpected contamination

Aftercare

40.Requirement to provide an outline aftercare scheme

41.Requirement to provide a detailed annual aftercare scheme

42.Requirement to arrange an annual aftercare meeting

(b)      secure a Section 106 agreement to cover the following matters:

TorestrictHGVmovementstonomorethan16(8inand8out)and noworking or winning to commence into the:

·       extensionarea southof theexisting operationalquarry asshown on drawing 10193A/02C, and

·       nomineralextractiontoextendbeyondtheapproveddepthof 323AOD levelas shownon drawing8973/05, pursuantto planningpermission 2012/93305, until;

(i)    Anannualhighwaymaintenancefeeof£50,000(tobesplitbetweenKirklees and Barnsley Council) to mitigate against the potential damage and deterioration of the highway infrastructureas shownon HGV routing drawing 10193/S106 Traffic Route/CJB/120324 is received.

(ii)   The reconstructionof theunsealed “maintained in character” only section of Cartworth Moor Road. An initial joint inspection with site operator/council representatives shall be carried out to assesses any defects/works required to verges, provisions for drainage run offs and passing places, with details to be submitted to and approved in writing by the MPA.  Thereafter the approved works shallbe completed(at thecost ofthe applicant/siteoperator) in accordance withan agreedtimescale. Subsequently,six monthlyjoint inspections withsite operator/councilrepresentative shallbe carriedout and any defects observed shall be rectified at the cost of the applicant within an agreed timescale by the MPA.

(iii)Reinstatement of bridleway in accordance with details to be submitted and approvedbytheMPAandcarriedoutwithinanagreedtimescale,at thecost of the applicant/site operator).

(2)      That, inthecircumstanceswheretheSection 106agreementhasnotbeencompletedwithin 3 months of the date of the Committee’s resolution then the Head of Planning and Development shall consider whether permission should be refused on the groundsthattheproposalsareunacceptableintheabsenceofthebenefitsthat would have been secured, and, if so, the Head of Planning and Development be authorised to determine the application and impose appropriate reasons for refusal under delegated powers.

A recorded vote was taken, in accordance with Council Procedure Rule 42(5), as set out below:

For: Councillors Anwar, Armer, Homewood, Pinnock and Sokhal (5 votes)