Agenda item

As there were technical problems at the commencement of the meeting the last item on the agenda PL/0082/15 was dealt with first as it did not need the projector.

Decision:

That a letter be sent to Lincolnshire County Council advising them that the following issues needed to be addressed:

1.      The Landscape and Visual Impact Assessment (LVIA) concluded that there was no conflict with South Kesteven CS policy EN1. EN1 stated “Development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.” Clearly the LVIA conclusion was incorrect as the area is part of the Kesteven Uplands which is described as relatively unspoilt undulating agricultural landscape in the South Kesteven Landscape Character Assessment. There would inevitably be an adverse landscape and visual impact through the nature of the operations, which could never be fully mitigated through landscaping. LCC must give this conflict with policy EN1 due weight in the planning balance and be satisfied that the benefits outweigh the adverse impacts if they were minded to approve.

2.      The north western part of the site (which was beyond the historic permission), was very close to Hill Top Farm, which was a former farmstead consisting of a grade II listed farmhouse and a range of associated curtilage listed barns converted to a dwelling, and another barn listed as grade II in its own right which has been converted to 2 x dwellings. There were also a pair of semi detached cottages nearby. Whilst some landscaping (including woodland planting and bunding) is proposed, there would inevitably be some adverse impact (less than substantial harm) on the relatively unspoilt rural setting of this group of heritage assets. It was considered that the ES understated the potential impact identified above which again conflicted with CS policy EN1. LCC must give this conflict with policy EN1 due weight in the planning balance and in accordance with the NPPF be satisfied that any public benefits outweigh the adverse impacts if they are minded to approve.

3.      Whilst it was acknowledged that environmental issues would mostly be regulated by a permit issued by the Environment Agency, in accordance with advice from South Kesteven Environmental Protection Officers, it was recommended that dust monitoring be undertaken at sites approved by the local authority and should be included as a planning condition.

4.      It was recommended that the northern boundary of the site be moved back to create a more acceptable separation distance, preferably to correspond to the extant permission.

5       If LCC were minded to approve the application in its current form they must be satisfied that the impacts were within acceptable limits and that all necessary mitigation was in place and that LCC were satisfied that the historic permissions were still actually extant when making their decision.

6.      Copies of objection letters received by SKDC were to be forwarded to the County Council and the issues raised endorsed by SKDC.

7.      That a traffic impact assessment be carried out especially in connection with the bridge crossing the A1.

8.      That all top soil should be stored and then replaced (or replaced with similar) when the quarrying was complete.

The Council had been consulted on a planning application submitted by Lincolnshire County Council, who in their role as the Mineral Planning Authority was the determining authority for the planning application.  South Kesteven District Council was a consultee.

The site was mostly agricultural land with an area of approximately 103.9ha wholly within South Kesteven District and Denton Parish. The site was part of an extensive area (approximately 6 square km) which benefited from an extant historic planning permission for quarrying which dated back to 1955 and 1958.  This included sensitive areas directly adjacent to Denton and Harlaxton villages.  Historic mineral permissions of this type remained “dormant” under the 1995 Environmental Act but could be reactivated at any time on approval of a new scheme of planning conditions accompanied by an environmental statement submitted to the local minerals planning authority.

As part of the approval of the scheme the applicant was proposing entering into a Section 106 Agreement which would permanently rescind the historic permissions currently in place.

If permission for the scheme was not granted then the fallback position (what could be done under existing consents) would mean that a much more extensive and environmentally damaging historic permission would apply and was therefore an important material consideration that had to be taken into account.

SKDC Environmental Protection Services had confirmed that in their opinion there were adequate measures proposed to ensure that noise, disturbance and dust were kept to a minimum.  These included air quality, land, water and noise pollution issues which were for the most part regulated by a permit issued by the Environment Agency under the Environmental Permitting (England & Wales) Regulations 2010. However officers had identified a number of shortcomings in the submitted details which need to be adequately addressed by LCC.  Objections had also been received from Denton Parish Council, GOLAG (local opposition group) and members of the public.

On discussing the application Members raised the issue of LCC having a traffic impact assessment carried out especially in connection with the bridge over the A1, that all top soil that was removed during the quarrying to be stored and replaced on completion and that the points raised by Denton Parish Council should be endorsed by SKDC. It was also stressed that LCC should be satisfied that the historic permissions were actually still extant when making their decision.  On being put to the vote it was proposed, seconded and agreed that a letter be sent to LCC outlining the points raised in the officers report together with endorsing the comments raised by Denton Parish Council, that LCC should carry out a traffic impact assessment especially in relation to the bridge over the A1 and that the top soil removed during quarrying should be stored and replaced upon completion.  It was also agreed that LCC should be satisfied that the historic permissions are actually extant when making their decision.

It was requested that future applications where SKDC were a consultee should be items on the agenda outside of the main planning matters applications.