Agenda item

Planning Application 2023/91280 relating to quarrying operations for the extraction of clay, shale and incidental coal and subsequent restoration by means of importation of inert wastes at Bromley Farm Quarry, Barnsley Road, Upper Cumberworth, Huddersfield.

Ward affected: Denby Dale

Contact: Farzana Tabasum, Planning Services

Approval delegated.

The Committee considered Planning Application 2023/91280 in respect of quarrying operations for the extraction of clay, shale and incidental coal, and subsequent restoration by means of importation of inert wastes at Bromley Farm Quarry, Barnsley Road, Upper Cumberworth, Huddersfield.

Under the provisions of Council Procedure Rule 37, the Committee received representations from Sheila Lock and Bill Shaw (objectors) and Mark Barratt (on behalf of the applicant).

RESOLVED -

That approval of the application and the issuing of the decision notice be delegated to the Head of Planning and Development in order to:

(a) complete the list of conditions including those contained within the report, as set out below:

Time limits/restrictions

1. Mineral extraction to cease and completion of site restoration by 31/03/2050, in accordance with an approved restoration scheme.
2. Prior cessation measures to deal with restoration and aftercare in the event that mineral extraction is abandoned/ceases.
3. Requirement to have all approved documents on site for the duration of operations for inspection.
4. Pre commencement condition requiring further details/surveys in relation to protected species.
5. Mitigative measures & recommendations as set out in the PEA to be adhered to, including the implementation and management of net gain on site.
6. Finer restoration details to accommodate additional tree/hedge planting along northern boundary and to achieve the BNG as proposed.
7. Levels to be achieved in accordance with submitted details prior to soft landscaping commencing internally within the site.
8. Restrict mineral extraction depths and extent of mineral workings, in accordance with submitted plans/details.
9. Tree root protection to protect Kirklees Wildlife Habitat Network.
10. A geophysical survey (sub surface archaeological investigations) is carried out to establish potential archaeological interest- details to be submitted to MPA.

Plans

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

Access and Vehicular Movements

12. Widening of shared access road before importation and exportation of any mineral from the site.
13. Gates to be set back 17m from junction with shared access road.
14. First 50m of new access road to be hard surfaced, details (to include drainage) to be submitted to and approved before mineral extraction commences.
15. HGVs site shall not exceed: Mon to Sat - 60 inward 60 outward.
16. HGVs to follow route as shown on HGV routing plan.
17. Prior to use of new access road details of wheel/bath to be submitted and approved in writing by MPA. The wheel bath shall be provided in the location approved before bringing into operation the new approved access road and thereafter be maintained in good operational condition and used for wheel cleaning for the lifetime of the permission.
18. HGV wheels and chassis to be cleaned before entering highway.
19. All loaded HGVs leaving the site to be sheeted.
20. Permanent closure of existing access from Cumberworth Lane, details of which shall need to be approved by MPA and implemented up on bringing into use the new access road.
21. Plan to be submitted showing parking provision for quarry associated vehicles/traffic within the application red line.
22. Access Management Plan.
23. The site operator shall at all times keep a record of all HGV movement in and out of the site and shall be provided in writing to the Mineral Planning Authority upon request.

Preparatory/Soil Stripping Works

24. All top soils and subsoil to be stripped and stored separately prior to mineral excavation.
25. Screen bunds to be constructed using on site material only as per submitted details and as per noise assessment.
26. Following soil stripping the MPA to be advised in writing of volumes of topsoil and subsoil.
27. Soils storage mound to be maintained in good condition grassed within 3 months and maintained to control weeds.

Working Programme

28. Requirement to notify MPA at commencement of works involving site preparation, entering a new phase, commencement of backfilling, completion of backfill, completion of phased restoration, completion of final restoration.

Restoration

29. The MPA to be given 7 days’ notice prior to the spreading of sub soil or top soil.
30. Subsoil and top soil to be spread at specific depths and to be worked to provide a satisfactory medium for planting.
31. Any area of grass seeding which fails, will be re-seeded within the next available Planting Season.
32. All site infrastructure to be removed and associated land reinstated following final restoration of the site.
33. Levels to be achieved as shown on submitted plans, prior to soft landscaping commencing.

Amenity

34. Restrict hours of operation of the quarry in accordance submitted details.
35. Dust mitigation measures to be implemented in accordance with those detailed in the Dust Management Plan.
36. Noise conditions as suggested by Environmental Health.
37. No fires or blasting at the site.
38. Reporting of unexpected contamination.
39. No mobile crushing/screening plant on site.

Water Protection and Pollution Prevention

40. Only uncontaminated inert waste shall be deposited on the site and there shall be no deposit of any other material capable of producing a polluting leachate.
41. Details of a scheme restricting the rate of treated surface water discharge from the site in accordance with the LLFA comments shall be submitted and approved.
42. Works to be carried out in accordance with the submitted Flood Risk Assessment and Hydrogeological Risk Assessment.
43. Development to be carried out in accordance with the measures detailed in section 7.4 of the Coal Mining Risk Assessment.
44. If old workings are intersected by the excavation, Network Rail require any such workings in the sidewall alongside railway property to be sealed with clay to prevent the ingress of water into any old workings beneath railway property. Where any such workings are encountered, Network Rail requires to be notified, prior to the construction of clay seals and backfilling, to enable an inspection to be made.
45. Pre commencement condition to submit a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority (Environment Agency).
46. Remediation of site to be carried out and completed in accordance with the Contaminated Soils Area and Storage Plan by Silkstone Environmental Ltd., dated February 2024 (drawing no. 22007/515) and the updated Phase 2 Geo-Environmental Investigation Report authored by Silkstone Environmental Ltd, dated February 2024 (ref: 22007/P2/1).
47. Submission of Verification Report – Condition.

Aftercare

48. Requirement to provide an outline aftercare scheme.
49. Requirement to provide a detailed annual aftercare scheme.
50. Requirement to arrange an annual aftercare meeting.

(b)      secure a unilateral undertaking from the applicant confirming that the coal extracted from the site will not be exported from the site. 

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

For: Councillors Firth, Homewood and Lawson (3 votes)

Against: Councillors Armer, Pinnock and Thompson (3 votes)

Councillor Homewood used his casting vote in favour of the motion and this was therefore carried.