Agenda item

To consider an application for variation of condition 1 of planning permission 01/2009/1424/PS to allow continuation of extraction of permitted reserves (copy attached).

 

 

An application was submitted for Variation of condition 1 of planning permission 01/2009/1424/PS to allow continuation of extraction of permitted reserves at Graig Quarry, Graig Road, Denbigh.

 

Public Speakers –

 

Dr Susan Hewitt (Against) – informed the committee that she resided in Pen y Craig and represented locals who were affected by the activities in the quarry. The nearby homes were already damaged due to the extraction at the quarry. It was raised that the blasting limits had not been breached, however local residents had received information that the measurements were being taken on grassed areas. It was also outlined that no seismic recordings were taken from the surrounding houses. It was also stated that a local builder had informed the residents of the surrounding area that the houses build quality was poor, which made them more susceptible to damage from the quarry.

 

The committee were invited to the houses to experience the shaking whilst blasting takes place. Sound noise pollution could be higher than the average noise which could cause damage to ears and hearing of local residents. Dust particles which would be circulated due to the quarry operation was highlighted as a concern especially Particulate Matter (PM), which lodges in bodies and can cause illnesses. The World Health Organisation stated that there was no safe exposure level. The PM has detrimental effect on bodies and health and wellbeing, as the particles did not disperse over distance and therefore the whole of Denbigh would be affected. The particulate levels were recorded in Denbigh on the high street, however no data was recorded nearby to the quarry, therefore the data within the reports did not highlight the risks to those who resided next to the quarry. There should be full health impact assessment taken with the quarry, and she wanted the committee to realise the risk to health the quarry would have on local residents and urged them to reject the application.

 

Malcolm Ellis (For) thanked the committee for debating the application. The quarry would supply for local needs. The development would have conditions which would alleviate any negative effects on local residents. The quarry employed 16 local residents at the quarry. The quarry spent £1.2 million into the local community and paid the workers an average of 30% above of the minimum wage. There would be no increase in traffic or the amount which would be extracted at the quarry, the application was for an 8 year extension to the time permitted for extraction. If the application was refused the materials would need to be sought elsewhere which would have a larger carbon footprint than the current usage of the quarry. In regards to blasting and concerns raised, the procedures were being looked at and improved. Local residents were also invited to a presentation which gave information on the blasting and how it was carried out. The quarry would be willing to listen to concerns from local residents and continue to increase the standards at the quarry.

 

General Debate:

 

Councillor Gwyneth Kensler (Local Member) informed the committee that the matter was a complicated one. It was clear that the blasting had an impact on the surrounding buildings as cracks had appeared. There was consultation meeting organised by Breedon Southern Limited in Denbigh Rugby club on the 4^th December 2019 which discussed the physical extension of the quarry which would be a separate planning matter. Since she had attended the consultation, the effect of the quarry on local residents become apparent as the work started again in 2016.

 

Councillor Kensler highlighted the matter of the dust and especially the concerns with dust particles PM10 and PM2.5, as the particles could penetrate into the body and cause detrimental effect to people’s health. This would be very prominent in asthma suffers in Denbigh. The Local Development Plan (LPD) draft annual monitoring report highlighted there was a national policy to improve the air quality. The regional technical documents had completed a second technical review, and within the report the biggest change since the first review was the Future of Wellbeing Generations Act Local authorities needed to consider health concerns of future generations. The sources of supply were highlighted - the largest amount of limestone was sent to the North West of England. A planning appeal involving Burley Hill quarry was mentioned as it was rejected as it was considered the development would have a detrimental effect on nature and the benefits did not outweigh the negatives. In regards to the complaints in the report, members of the public did not know who to report their concerns to, as they believed the application would be put through regardless of their concerns. The employment numbers which were indicated were not all from the Denbigh area.

 

Proposal Councillor Gwyneth proposed the application be rejected.

 

Planning officers responded to points which were raised by the local member Gwyneth Kensler.  The application was for the extension of time to extract aggregate from the quarry but not to extend the quarry itself. This would allow 1 million tonnes to be extracted in an area which had already been permitted. The extension in time would also allow the area to be restored.

 

The main issues which had been raised were blasting, dust and the health impacts, and the need for the mineral, and the noise which was produced. In regards to the blasting, the technical guidance on blasting was noted in the report on page 34 point 4.2.5. The monitoring was carried out by multiple organisations and was under the guidance levels. Noise information on blasting was recorded and had not been close to the maximum levels permitted and was unlikely to result in damage to surrounding residents. In regards to the frequency of blasting it would occur twelve times a year, the blasting protocols were also included as conditions within the report. Dust concerns had been raised, especially with the PM and the advice given by environmental officers was that the dust mitigation at the site was adequate, and cleaning of vehicles and dust mitigation was included in the report. Planning conditions could be included to mitigate any concerns local residents had with dust.

 

There had been no objections raised by Natural Resources Wales in regards to biodiversity. The quarry was mothballed and was not dormant, it was also stated if the application was refused, the 1 million tonnes of limestone would need to be sourced elsewhere in North Wales.

 

Officers informed members that the nearest property was beyond the buffer zone of the quarry. The quarry did supply for local needs, as an example, it was used for the windfarm which was developed in Cloceanog.

 

Members sought clarification of the controls proposed over annual production and whether there were contingencies in place for occasions when there was a large demand and the volume sought was above the permitted levels of extraction. The distance from blasting to houses was queried and whether there was additional information on these distances. It was also queried whether the decision on the  application would have a bearing on any future applications. There were also questions whether dust could be created from sources other than the quarry, over the timing of the blasting events, and finally whether there could be permanent measuring equipment to ensure recording data was accurate.

 

Officer responded to the queries. In regards to the production, it was clarified that the existing restriction was 500,000 tonnes per annum, however the current output was 200,000 tonnes, and the quarry owners were happy to reduce this to 400,000 tonnes, which would still allow the quarry to be flexible in meeting demand. The amount of blasts was set at 12 times a year, however if more was required consent would be required. There had been 7 blasts in the previous year. The blasting takes place on Tuesdays, so there was public awareness. This application would not have an impact on any future applications as the issues were different and proposals have to be assessed on their merits. There was no exact information on the distance from the blasts and housing, but there was a buffer of 200m from the boundary of the site to dwellings which was deemed as acceptable. Dust particles would occur from other sources. The quarry company were going to fit fixed monitoring devices to record the vibrations.

 

Councillor Joe Welch requested additional information on the grounds of refusal proposed by Councillor Gwyneth Kensler. Councillor Kensler indicated the main reason for refusal was the Wellbeing of Future Generations Act. It was also queried within what time period the restoration plan for the quarry would be implemented.

 

Councillor Brian Jones queried whether the application could be deferred to get additional health and safety information.

 

Officers responded that the restoration programme would need to be submitted in 6 months, and restoration works would be carried out on completion of extraction. If the application was granted the officers would ensure that the plan would be submitted in 6 months.

 

Proposal Councillor Mark Young proposed the application be granted in accordance with officer recommendation, with the condition that no blasting take place on weekends, seconded by Councillor Julian Thompson-Hill.

 

VOTE:

GRANT – 12

REFUSE – 2

ABSTAIN – 0

 

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers