Agenda item

Extraction of clay and restoration of the site through the importation of inert wastes at land to the west of Newlands Lane [Rural West York Ward]

Members considered a major full application from Mr D Brown for the extraction of clay and restoration of the site through the importation of inert wastes at land to the west of Newlands Lane, Upper Poppleton, York.

The Head of Planning and Development Services gave a presentation on the application. This was followed by an update from the Development Management Officer in which he advised Members of a change to the draft conditions for the Restoration Scheme plans, contours, cross sections and planting plan and of further representations that had been made. The points raised in the further representation were addressed. Members were also provided with further points of clarification in which they were advised that the applicant had indicated that a sufficient depth of clay would be retained on site to ensure that any issue of “ground heave” would not take place leading to materials either from the extraction or the restoration penetrating ground water below. The applicant had also indicated that they were willing to undertake clearance of vegetation from a 1 metre strip of verge to secure visibility and refuge for other road users approaching the A59.

Public Speakers

Philip Runacres spoke in objection to the application.  He asked the Committee to be aware of the waste prevention strategy. He noted that many landfill operators had closed their landfills early. He suggested that the clay extracted could be used for flood defences and he asked if the applicant had the funding to complete the restoration of the site.

Neville Ward spoke in objection to the application on five grounds. These were listed as environmental damage, risk of flooding, Newlands Lane being unsuitable for HGVs, the A59 already being dangerous and the risk of more accidents occurring, car users already using Newlands Lane as a cut through to Poppleton and there not being suitable consultation. In response to questions he explained that the area was at risk of flooding with the water going to the small Foss into the river Ouse. He was also asked and explained that it was an industrial mining site and that inappropriate material was being put back into the ground.

Cllr Hook (Rural West Ward Councillor) spoke on the application.  She explained that single track roads in Poppleton were used for recreation and that cyclists from Hessay turned off into Newlands Lane. She noted that the verges on Newlands Lane were low during the site visit but were not usually like that. She added that the application would put walkers and cyclists in danger and that it would remove their amenity. She was asked and confirmed that Newlands Lane was a much used recreational route.

Chris Jarvis spoke in support on behalf of the applicant. He advised that the site was allocated for extraction in the minerals and waste local plan and Poppleton Neighbourhood Plan. He explained that the development of extraction was carefully designed and explained how the clay would be extracted. He noted that the development had shown to have no increased risk of flooding or water going into the Foss or Ouse. He added that no HGVs would be leaving the site via Poppleton and that the restoration of the site would take place in phases. In response to Member questions, he clarified that:  

·        Regarding concerns about the oak woodland, the site sat within the white rose forest area and their landscape architect had liaised with the officer responsible for the community woodland.

·        The applicant would operate on an environment permit which included conditions.

·        There were different phases for the site which included a transitory water area in phase 1. He added that the inert materials had nowhere to go and that there were not many sites that managed inert waste.

·        Condition 10 set out the hours of operation. There would be two traffic movements per hour.

·        The measures utilised would be standard measures and the environmental assessment included noise restrictions.

·        Concerning alternatives to staff travelling to the site in their own vehicles, the site would not be labour intensive and staff could use other means to travel to the site.

Members then asked questions to officers to which they responded that:

·        The mineral and waste plan and Poppleton Neighbourhood Plan formed part of the Local Plan.

·        The wheel washing applied to any vehicle size.

·        The council would ask for a scheme on the upgrade of passing places.

·        Regarding whether the nature of the lane allowing for additional passing places, the verges were wide but did not involve the removal of hedges.

·        All phases of the application would take place within 10 years and this was a standard condition.

·        The section of hedge to be removed was the north western hedge to allow an entrance into the site compound.

·        The site of the white rose woodland was demonstrated to Members.

·        There had been a difference of opinion between ecologists regarding a flood meadow.

·        It was not planning policy to increase woodland.

·        Noise monitoring would be agreed with Public Protection.

·        The extraction  of clay was on a regular cycle.

·        Two vehicle movements an hour allowed access for future use as well as for current use.

Following debate, Cllr Pavlovic proposed the officer recommendation  to approve the application subject to amended conditions 1, 7 and 8. This was seconded by Cllr Fenton. Following a unanimous vote in favour it was:

Resolved: That the application be approved subject to amended conditions 1, 7 and 8:

Amended Condition 1

To state that extraction and remediation would take place within 10 years.

Amended second part of Condition 7

To add in the upgrade of passing places, expansion in the number of passing places and maintenance of verges to enable them to be in a usable state.

Amended Condition 8

Wording of the dilapidation survey delegated to officers in conjunction with the Chair and Vice Chair.

Reason:

                     i.        The proposal is for the extraction of approximately 330,000 tonnes of clay for use in flood defences, repairing canals and reservoirs and lining waste disposal sites remaining from the previous unauthorised extraction of clay for farm holding purposes in the early 2000s. The proposal is subject to an Environmental Impact Assessment under Schedule 2 of the 2017 Town and Country Planning (Environmental Impact Assessment) Regulations and the site lies within the general extent of the York Green Belt.

                    ii.        The clay is of a specialist nature which self-evidently may only be worked where it occurs and forms an allocation within the Adopted Minerals and Waste Local Plan. Restoration would be by means of tipping of sifted and inert soils to form a woodland native species habitat with a water body retained. The principle of the development is felt to be acceptable. The works to the access track, the laying out of the site compound and storage area and the erection of a site cabin and weighbridge are inappropriate development by reason of impact upon the openness of the Green Belt. The proposed restoration scheme would of itself not be inappropriate.

                  iii.        The impact of the proposed extraction upon the surrounding landscape would be modest taking account of the surrounding topography and the proposed hedge planting to the south and south west. At the same time the impact of the proposed restoration would be acceptable creating a new woodland habitat. In relation to biodiversity the site is not identified as the habitat of any protected species and the proposed restoration incorporates a retained wetland habitat with enhanced hedgerow planting and an additional woodland. The proposal is therefore felt to be acceptable in landscape and biodiversity terms.

                  iv.        In terms of highway impact the site would be accessed from a farm track from Newlands Lane a single track road joining the A59 subject to a TRO limiting the weight of vehicles travelling its length. The nature of the process would involve only modest vehicle movements per hour with no staff permanently based at the site. The passing places linking the site with the A59 would be upgraded to accommodate the vehicles used. The access track and its junction with Newlands Lane would also be upgraded to restrict access of vehicles in a northerly direction towards Upper Poppleton. The nature of visibility and the availability of wide verges for the remainder of Newlands Lane approaching the A59 is such as to minimise conflict with other road users. The proposal is therefore felt to be acceptable in highway terms.

                   v.        The proposal lies directly adjacent to a watercourse maintained by the Ainsty IDB of significant importance to the local pattern of surface water drainage. The proposal has been accompanied by detailed supporting evidence indicating how the existing water body can be dewatered to enable clay extraction without pollution and without increasing flood risk elsewhere in the vicinity. The restored scheme also incorporates a retained water body which in addition to having a biodiversity benefit would help stabilise the local pattern of surface water drainage. The proposal is therefore felt to be acceptable in terms of hydrology and flood risk.

                  vi.        In terms of amenity impacts there would be no fixed lighting, but mobile lighting would be clearly required at certain times of year which would be acceptable if controlled by condition on any permission. In terms of dust there would not be any generalised impact because of the nature of the material and the nature of the extraction method. Any permission would however be conditioned to require dust management in the circumstances where it would arise. In terms of visual impact key activities such as the storage area and site compound would be located away from more visible areas and the vulnerable south and south west boundary would be planted with a native species hedge. The method of work is designed to minimise noise and may be subject to a condition on any planning permission.

                 vii.        Taken together and accounting for the various mitigations the proposal is felt to be acceptable, satisfying the test of very special circumstances in paragraph 148 of the NPPF.

[The meeting adjourned from 17.35 to 17.42]