Application No

W/31601

Application Type

Full Planning

Proposal & Location

CONSTRUCTION OF AN INERT WASTE RECYCLING FACILITY AND ASSOCIATED WORKS AT CERRIGYRWYN QUARRY, LLANGYNOG, CARMARTHENSHIRE, SA33 5HU

Applicant(s)

JULIAN MOUSLEY & SONS LTD - JULIAN MOUSLEY, LLWYNCELYN, ST CLEARS, CARMARTHENSHIRE, SA33 4AY

Agent

ASBRI PLANNING LTD - RICHARD BOWEN, SUITE 4 - J SHED, KINGS ROAD, SWANSEA WATERFRONT, SWANSEA, SA1 8PL

Case Officer

Tom Boothroyd

Ward

Llansteffan

Date of validation

17/02/2015

CONSULTATIONS Transport/Highways – Raised no objections and suggested conditions Welsh Government (Transport) – No objection Public Protection – Raised no objection and suggested conditions Ecology/Conservation – Further information was requested regarding protected species, on receipt of this information numerous conditions have been suggested Local Member – Councillor D.B. Davies has requested a site visit Llangynog Community Council – Has raised numerous objections to the proposal, including the impact of the development relating to noise and dust, the impact of the development on the public right of way running through the quarry, and the impact of the development on the local highways network. Natural Resources Wales – Raised no objection and have suggested various conditions Dyfed Archaeological Trust – raised no objections and suggested CADW were consulted CADW – No objection to the development

SUSTRANS – No objection to the development and suggested conditions Footpaths – No objections and suggested various conditions Neighbours/Public – The application has been publicised in the local press and by the display of site notice. This has resulted in 26 written objections and 1 letter of support. In summary the main concerns of residents are as follows:

Dust pollution from the proposed crushing/screening operations at the site, and the potential for this to affect the local residents

The impact that the development will have on the local highways network – the local road network to the main A40 is considered unsuitable by many, the impact that the lorries might have on the SUSTRANS cyclepath has also been raised as an issue.

Noise impacts as a result of the crushing/screening operations and concerns over the use of a pecker at the site, also noise concerns associated with lorry movements

Pollution of the stream adjacent to the site and subsequent pollution of the Carmarthen Bay SAC

General impacts on the ecology of the area

Erosion of the character of the countryside

The impact of the development on the right of way that runs through the site and the safety of the users of that right of way

RELEVANT PLANNING HISTORY The following previous application(s) has/have been received on the application site: W/08073 Proposed residential development (numbers to be confirmed at full planning stage) withdrawn 10 January 2005 TMT/05070 Renovation of existing farm house and conversion of 2 outbuildings to residential use Full Granted 11 March 2004 TMT/05071 Proposed residential development (re-use of land on Brownfield land) withdrawn 17 November 2003 C4/469 Landfill Site Withdrawn 6 August 1997 C4/449 Change of use of existing quarry to an inert landfill site Refused 24 January 1995 C4/385 Registration of IDO permission Granted 2 March 1992 Interim Development Order

Granted 28 May 1948 APPRAISAL This application is subject to a Section 106 Agreement THE SITE The application site relates to part of Cerrigyrwyn Quarry, Llangynog, which has planning permission to operate as a quarry until the year 2042. Permission was granted for quarrying under an Interim Development Order dated 28 May 1948. The site was registered on 2 March 1992 under the provisions of the Planning and Compensation Act 1991 and classified as ‘dormant’. This classification requires a Determination of Conditions application to be permitted prior to any further excavation taking place. The site has an area of approx 6.4 hectares with estimated reserves of approximately 1.9 million tonnes. Evidence gathered suggests that no working has taken place since 1988. Whilst the site is currently dormant an application for the Determination of Conditions could be made to the council any time between now and 2042 – these types of applications cannot be refused, conditions need to be agreed following negotiation with the applicant but refusal of this type of application is not an option. For dormant sites such as this where quarrying operations have not taken place for a number of years it is normally expected that full, modern conditions are imposed during any review, if these conditions are unacceptable to the applicant they can appeal this decision. The application site is 3.38 hectares in size and encompasses part of the Cerrigyrwyn quarry, not all the quarry is encapsulated by the red line boundary of the application. The quarry is located south – west of the village of Llangynog, there are a number of properties to the east of the quarry which are approximately 100 metres from the centre of the quarry void. The village of Llangynog is in a rural area and lies approximately 9km South East of St Clears and 12.8km south west of Carmarthen. The topography of the surrounding area is one where rolling hills and fields are a prominent feature of the landscape. Llangynog is situated on one of the highpoints in the area. Most of the land around the village is agricultural in nature and is made up of fields with some wooded areas to the south of the village. With regard to the quarry itself it can be seen as two halves, to the north and north west of the site is the quarry void, this has two benches and the floor is covered by areas of loose stone left over from previous quarrying operations. There has been some natural re-generation of the quarry since operations have been suspended and some of the faces have ‘greened’ up but there is not an abundance of trees or larger shrubs in this part of the quarry. There is a Public Right of Way cutting roughly east-west through the site which effectively divides the site in half, south and south west of this path the site is more characteristic of a stocking area. There are no worked out faces here and the terrain is mostly undulating rather than the sheer faces of the main quarry void. This area of the site is also characterised by some buildings of breeze block construction and the foundations for the old fixed plant – there are also numerous stockpiles of material in this area of the site. Given the terrain of this section of the site there is more shrub and tree growth in and around this area. To the east of the site there is a stream which flows south into a tributary of the River Taf, the stream and the quarry are approximately 5 kilometres as the crow flies from where the tributary flows into the River Taf Estuary. The River Taf makes up part of the Carmarthen Bays and Estuaries SAC/SSSI.

With regard to residential properties the distances Specified are taken from the main void of the quarry – it is anticipated that this is where the bulk of operations will take place (i.e the crushing and screening plant will be located here). The nearest residential properties to the site are as follows, approximately 100 metres from the centre of the quarry to the west there are various properties (including a farm yard) which front the C2081 road used to access the site. Directly to the north there are no residential properties, north-north east there are some residential properties, again fronting the C2801 approximately 120 metres away. The bulk of the properties are to the north east of the quarry, the closest property being approximately 250 metres away, the Twlc Y Filiast burial chamber (a scheduled monument) is approx 150 metres to the west. The closest properties to the south are those in the ownership of the applicant, these being approximately 100 metres to the south, to the south east the nearest property is approximately 380 metres, directly to the south there are few residential properties, the nearest being approximately 750 metres to the south. THE PROPOSAL Planning permission is sought for an inert waste recycling operation based at the dormant quarry – known as Cerrigyrwyn Quarry. Inert material (i.e rubble, stone, bricks and soils - no hazardous waste is to be processed on site) will be brought to the site whereby the material will be separated and stored in various stockpiles before being processed further. The applicant has stated that on arrival at the site any loads will be checked for hazardous materials, any loads found to contain hazardous materials will be removed and taken off the site by the original carrier. If the carrier has already left the site any hazardous material discovered will be removed and placed into a hazardous waste skip – this will be removed by a licensed waste carrier. Once sufficient material has been stockpiled soils will be screened and graded ready for re-sale, (this will take place in the area marked Zone B on the submitted plans) any larger products on the site will be crushed and graded ready for resale. The applicant has proposed an annual output of 20,000 tonnes of material, to include both soils and hardcore. Two buildings are proposed on the site, one soil storage shed, at the northern boundary of the site, measuring 30.4 meters long, by 15 meters wide, with a height of 4.5 meters to the eaves and 7 meters to the apex. This building will be a typical agricultural/industrial style building with the lower half being constructed of concrete with metal cladding on the upper half and roof of the building. This building will have two sets of outward opening hinged doors, one in the north-eastern elevation, one in the south western elevation, the interior of the building will be divided into 10 soil storage bays of equal size with a ‘road’ through the middle of the building allowing access to plant. The other building proposed on site will be a portacabin style office, this will measure 9 meters in length, 3 meters in depth and 2 meters in height. Both buildings will be of an ‘earthy’ colour to help them blend into the surrounding landscape. The soil storage bays, in Zone B will comprise of enclosures measuring 1.2 metres in height on all three sides Access to the site will be via the existing entrance to the site on the western boundary, from the C class road, the C2801, as part of the development a wheel wash will be provided to help ensure that minimal deleterious material is carried onto the public highways. There will be a variety of H.G.V’s entering the site including 20 tonne vehicles, 12 tonne vehicles and the smaller 6 tonne skip lorries. The applicant anticipates an average of 18 movements per day (including lorries bringing material in and those taking

material out) the highways department have suggested a maximum 32 lorry movements per day, acknowledging the fact that lorries may not always be fully laden. The weighbridge will be located close to the entrance of the site, indicated as zone A in the submitted drawing, this zone will also house parking for up to 6 cars and the weighbridge office. In order to allow for this part of the development an existing outcrop of rock will need to be removed – this will subsequently be processed and removed from the site. The final element of the proposed development is the stocking area, this will be on the eastern end of the site and will comprise of a stocking ground (very similar in nature to its current use) for material and as an area where progressive restoration will be taking place. If planning permission is granted further details of the restoration will be required through a scheme to be secured by condition, however, it is understood that any concrete structures will be removed from this area as part of the ongoing restoration works. PLANNING POLICIES At the European Union level the Waste Framework Directive (2008) reinforces the use of the waste hierarchy and this should be applied as a priority for any waste developments, this hierarchy prioritises developments in the following order of importance; prevention, preparing for re-use, recycling, other recovery, e.g. energy recovery and finally, the least desirable, disposal. The proposed development would count as a recycling operation the definition of which is as follows: ‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations; (EU Waste Framework Directive Article 3, para 17) At the National level the Welsh Government has produced a ‘Sector Plan’ for Construction and Demolition waste, adopted in November 2012. This forms part of suite of documents which all make up ‘Towards Zero Waste’ (2010). This sets out requirements for waste management and provides the guidance criteria for informing planning decisions relating to waste sites. The sector paper for Construction and Demolition waste has set out various targets to help reduce waste arising in this sector. These include a minimum of 70% recycling for C & D waste (by weight) by 2015/16 and a rate of 90% recycling by 2019/20. In an attempt to achieve this, the plan states that the more easily recyclable materials need to be recycled at a higher rate – this includes aggregates. The plan cites an ambitious rate of 98% recycling by the years 2019/20 for aggregates. The latest information for Construction and Demolition waste is contained within Natural Resources Wales report ‘Survey of Construction & Demolition Waste Generated in Wales 2012’. This report reveals that during 2012, 87% of waste falling under the Construction and Demolition sector was recycled, whilst this means the current target for 2015/16 has been achieved, there is still room for improvement and as the percentages get higher it generally become harder to achieve further gains as the easier savings have been made already. The report also reveals that whilst preparation for re-use was the dominant waste management method in the South East (58%) and North (46%) regions, the South West is not performing as well with land disposal being the most common waste management method (39%) followed by recycling (31%).In the South West, therefore, in order to achieve the 2019/2020 goal of 90% rates of recycling further work needs to be done to ensure a more efficient recycling network for construction and demolition waste.

Planning Policy Wales (PPW – Edition 7) –is the overarching policy document for Wales, one of the main aims of this document is to ensure development within Wales is sustainable; the minimisation of waste and the provision of adequate waste facilities is a key component of this. In order to help achieve this, the waste hierarchy is a key principle to be applied to any waste management developments. The Nearest Appropriate Installation Concept and the principle of self sufficiency are also two key principles in helping to achieve the goal of sustainable waste management. The Wellbeing of Future Generations Act 2015 also imposes a duty on public bodies to carry out sustainable development. Technical Advice Note 21: Waste (TAN 21) adopted in February 2014 reinforces the vision of PPW for sustainable development and for sustainable waste management via land use planning. This can be achieved by driving the management of waste up the hierarchy and ensuring provision of an adequate network of facilities, whilst ensuring that the impacts of waste management facilities are minimised through appropriate location and type of facilities at the same time recognising the economic and social benefits that management of waste as a resource can have. The TAN re-iterates the importance of applying the waste hierarchy to proposals for waste management in order to try and achieve a more sustainable form of waste management. The TAN also expands upon the treatment of construction and demolition waste and even suggests that where ‘there are longer term prospects for a sufficient and economic supply of demolition and construction waste from an appropriate catchment area’ authorities should consider suitable locations for ‘urban quarries’. These urban quarries could provide a long term permanent facility for the processing and storage of C & D waste, where there is an economic supply of this material available. Both Minerals Technical Advice Note 1 (Aggregates) and Minerals Planning Policy Wales encourage the recycling of suitable materials (such as road planings or construction waste) where possible in order to conserve the finite resources such as primary aggregates. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that any planning application must be determined in accordance with the development plan unless other material considerations indicate otherwise. The development plan for the purposes of Section 38 is the Carmarthenshire Unitary Development Plan. The principal policies in this case are Policy SP 1 – Sustainable Places and spaces, Policy SP 10- Sustainable Mineral Development, Policy SP 12 - Waste Management Policy, SP14 - Protection and Enhancement of the Natural Environment , Policy GP1 Sustainability and High Quality Design, Policy GP2 Development Limits, Policy EQ4 Biodiversity, Policy EQ5 Corridors, Networks and Features of Distinctiveness, Policy TR3 Highways in Developments - Design Considerations, Policy EP1 Water Quality and Resources, Policy EP2 Pollution, MPP3 Mineral Safeguarding, MPP5 Aggregate Alternatives, Policy WPP2 – Waste Management Facilities Outside Development Limits,

Policy SP 1 – Sustainable Places and spaces – this policy looks to encourage proposals that reflect sustainable designs, particular relevance to this policy would be Part B which promotes the efficient use of land, including previously developed development sites. Policy SP 10- Sustainable Mineral Development – The main objective of this policy is to ensure that there is a constant supply of minerals for the County, one of the ways of doing this is to encourage the re-use and recycling of suitable minerals, as an alternative to primary won aggregates, reducing the pressure on primary aggregates. The issue of recycled aggregates is also dealt with specifically in policy ‘MPP5 Aggregate Alternatives’ this states that proposals for operations which facilitate the use of secondary aggregates or recycled materials by the construction industry will be supported at appropriate locations. Policy SP 12 - Waste Management - of the LDP is the strategic policy for waste management in the county and highlights the need for an integrated approach to waste management in the county. It also reinforces the use of the waste hierarchy in development management, along with the proximity principle – dealing with waste as close to the source as possible to reduce travelling. Policy SP14 - Protection and Enhancement of the Natural Environment - of the LDP examines the natural environment and states that development proposals should seek to protect, and wherever possible enhance the County’s natural environment. Any development should give due consideration to areas of nature conservation value, the countryside, landscapes and coastal areas, and numerous other types of sites. Policy GP1 Sustainability and High Quality Design – this is a general development management policy and covers many different criteria for a range of development proposals, The most relevant sections for this proposal are considered to be the following; d) It would not have a significant impact on the amenity of adjacent land uses,

properties, residents or the community; f) It retains, and where appropriate incorporates important local features (including

buildings, amenity areas, spaces, trees, woodlands and hedgerows) and ensures the use of good quality hard and soft landscaping and embraces opportunities to enhance biodiversity and ecological connectivity;

h) An appropriate access exists or can be provided which does not give rise to any parking or highway safety concerns on the site or within the locality;

i) It protects and enhances the landscape, townscape, historic and cultural heritage of the County and there are no adverse effects on the setting or integrity of the historic environment;

j) It ensures or provides for, the satisfactory generation, treatment and disposal of both surface and foul water;

k) It has regard to the generation, treatment and disposal of waste. l) It has regard for the safe, effective and efficient use of the transportation network; m) It provides an integrated network which promotes the interests of pedestrians,

cyclists and public transport which ensures ease of access for all Policy GP2 Development Limits - this states that development limits are defined for various settlements (growth areas, local service centres etc) and proposals within these defined development limits will be permitted, subject to the policies and proposals of this plan, national policies and other material planning considerations. Para 6.1.15 of the LDP states that not all land within the plan area is identified for a certain use or covered by specific

policies, significant areas of land can appear un annotated on the plan. Any development proposals on land not identified as any particular land use or covered by policy will be considered on their individual merits weighed against the provisions of the LDP. Policy EQ4 Biodiversity– This policy states that any development which will have an adverse impact on any priority species, habitats and features of recognised principal importance to the conservation of biodiversity and nature conservation will not be permitted except where it can be demonstrated that; any impacts can be satisfactorily mitigated, minimised or managed to include net enhancements and where there are exceptional circumstances where the reasons for the development or land use change clearly outweighs the need to safeguard the biodiversity interest of the site and where alternative habitat provision can be made to maintain and enhance local biodiversity. Policy EQ5 Corridors, Networks and Features of Distinctiveness – this states that Proposals for development which would not adversely affect those features which contribute local distinctiveness/qualities of the County, and to the management and/or development of ecological networks (wildlife corridor networks), accessible green corridors and their continuity and integrity will be permitted. Proposals which include provision for the retention and appropriate management of such features will be supported (provided they conform to the policies and proposals of this Plan). Policy TR3 Highways in Developments - Design Considerations - this policy has various criterion to be considered, the most relevant criteria to this proposal would be those relating to parking and access standards. Criterion C states that development proposals shall include measures for appropriate parking in accordance with required standards, criterion e of this policy states that access standards should be reflective of the class of road and any speed restrictions, including any visibility splays and design feature/calming measure needed to ensure highway safety and ease of movement is maintained/enhanced. Furthermore, proposals should not generate unacceptable levels of traffic on surrounding road networks, be detrimental to highway safety or cause significant harm to the amenity of residents. Proposals will only be permitted where the capacity of the network is sufficient to serve the proposal, developers may be required to facilitate appropriate works as part of any grant of planning permission. Policy EP1 Water Quality and Resources - the main objective of this policy is to ensure that development proposals will not lead to a deterioration of either the water environment and/or the quality of controlled waters. Any watercourses will be safeguarded through buffer zones to protect water quality, habitat etc. Policy EP2 Pollution – this policy seeks to minimise the impacts of pollution from any development proposal, new developments will need to demonstrate that they do not conflict with National Air Quality strategy objectives, do not cause a deterioration in water quality, ensure that light and noise pollution are minimised, where appropriate, and ensure that any risks arriving from contaminated land are addressed, through appropriate land investigation and suitable remediation where required. MPP3 Mineral Safeguarding – This policy states that Planning permission will not be granted for development proposals where they would permanently sterilise resources of aggregates and coal identified within the mineral safeguarding areas (areas of search) identified on the proposals map unless:

a) The applicant can demonstrate that the extraction of the mineral is impracticable, uneconomic or environmentally unacceptable (including compromising amenity and social considerations); or

b) The mineral resource has already been extracted; or c) The mineral can be extracted satisfactorily prior to the development taking place; or d) The development is of a temporary nature and can be completed and the site

restored within the timescale that the mineral is likely to be needed; or, e) The nature and location of the development would have no significant impact on the

potential working of the resource. MPP5 Aggregate Alternatives Proposals for operations which facilitate the use of secondary aggregate or recycled materials by the construction industries will be supported. Proposals for such operations should demonstrate that a sequential approach has been considered commencing with existing active mineral or appropriate construction sites, followed by B2 employment land allocations where they form part of a waste transfer station or materials recycling facility capable of dealing with construction and demolition waste (see Policy SP12). Policy WPP2 – Waste Management Facilities Outside Development Limits – This policy states that proposals for waste management, not considered under policy SP 12 or WPP1 (Nantycaws facility) will only be permitted where there would be no significant impacts on the environment, human health, local amenity and the local transport network. Proposals should also demonstrate how the waste hierarchy has been adhered and how the proposal accords with the other policies and provisions of the LDP. Any proposal should also incorporate good design to minimise visual impact and include an appropriate scheme for beneficial restoration and aftercare of the site, whilst ensuring that there are not any adverse impacts on the local environment, the local highways network or residential amenity. Annex C of TAN 21 - 'Waste' sets out specific planning considerations to be taken into account when dealing with planning applications for all waste facilities which cover broadly the same issues as the policies outlined above. Taking each issue in turn; Atmospheric Emissions This relates mainly to emissions, pathogens, toxins and/or hazardous gasses, the release of such emissions are controlled under environmental permit and this is regulated by Natural Resources Wales and the Local Authorities Environmental Health team where a statutory nuisance can or has occurred. The proposed development will deal with inert waste only, hazardous materials will not be processed on site – if asbestos or any other hazardous material is encountered on site the applicant has indicated that this will be stored in a sealed skip ready for transportation from the site by a licensed waste carrier, to a facility able to cope with the material. Whilst it is acknowledged that dust emissions have the potential to occur from the site these will not contain any chemicals/pathogens as the material to be processed is inert only. Dust emission will be dealt with in a separate section.

Birds and Vermin Birds and vermin usually only become an issue when organic waste is being processed on site, in the case of this proposal organic waste will not be processed so a bird and/or vermin problem is not anticipated in this instance. Dust Operations at the site undoubtedly have the potential for dust generation, through numerous sources, including; the formation of and adding to stockpiles on site, through the use of vehicles on site which also have the potential to carry dust further afield and on to the public highways, general movement of product around the site and the use of the crusher and screener. The applicant has stated that a number of dust suppression methods will be employed on the site to minimise the occurrence of fugitive dust from the site, these measures include;

Wet sweeping of haul roads and access in dry weather

A 10mph speed limit within the site

Minimise drop heights and sheeting of lorries

If stockpiles are showing signs of fugitive dust then they will be watered down

Monitoring scheme review –dust management system will be monitored and an annual review document provided

Any crushers operating on site will require an environmental permit which will specify its own various conditions relating to dust emissions from equipment.

Whilst these methods were detailed within the application there was still some concern that these dust measures may not be enough to mitigate for dust emissions from the site having an effect on residents in the area. Following a meeting with the applicant and the agent further dust mitigation measures were agreed, these measures will be enforced by condition,

A Wheel wash to be installed at the site access prior to the commencement of development

The applicant was also willing to reduce the number of days of crushing/screening – the output of material from the site will be relatively limited and the applicant would be happy to do crushing/screening in ‘batches’ rather than continuously.

The Head of Public Protection has been consulted on the application and has raised no concerns with regard to dust and the potential for dust to become a nuisance. Given the numerous measures for dust suppression outlined by the applicant the Head of Public Protection does not feel that dust would be a problem if these measures were implemented. It is also suggested that conditions be put in place to ensure that the measures outlined in the documents provided are carried out at all times. There have been concerns expressed by residents that asbestos may be crushed on site, the applicant has indicated that asbestos will not be accepted on site, if asbestos is found it will be stored in a sealed skip until it can be taken away by registered waste carrier to a suitable site. The applicant would be monitored by NRW and if found to be storing/processing materials not included in their permit they would face a prosecution and potentially a large fine. NRW have been consulted on the application and did not raise any concerns with regard to dust emissions on the site and its potential to affect residents. In

light of all the above, whilst there is obviously the potential for the site to produce dust, comprehensive dust measures have been suggested by the applicant and these should ensure that dust emissions do not become a nuisance. These measures will be included as conditions to any permission (if granted) and will, therefore be enforceable if it is found that the site operator is in breach of these at any time. The crusher will also be covered by an environmental permit which will impose its own requirements so there will be two separate sets of legislation covering operations at the site which control dust emissions – planning conditions will control all emissions not covered by the Environmental Permit but will not duplicate those controls. Hours of operation The hours of operation, as suggested by the applicant are as follows, Mondays-Fridays 07:30-18:00 hours and 08:00 – 14:00 on Saturdays, there will be no working on Sundays or bank holidays. The suggested hours are relatively standard for industry of this type and would not be considered excessively long, a condition will be imposed to limit the noisier operations (such as crushing/screening) to more restricted hours to minimise the potential for disturbance. Land instability The site is an old quarry and it is not anticipated that land instability would cause issues for the proposed development, the bulk of the operations will occur on the floor of the main void and this is not unstable ground. The Environmental Health team have been consulted and have not raised any concerns with regard to instability at the site. Life time of the site This is more often a consideration with landfill operations where a final restoration/landform is being worked towards as part of the permission. The proposed development is for an inert recycling centre there is no final restoration plan needed for the site as there is no significant change to the existing landform proposed, therefore time limits with regard to the cessation of operations at the site are not a key consideration. When operations cease at the site the removal of any plant/buildings and stockpiles etc can be enforced by condition and the site will be restored. Litter Again, this is more of an issue linked to landfill sites where windblown litter can cause problems; the site will be accepting inert waste only, any domestic litter i.e. from employees etc will be dealt with by bins etc. Nature and Archaeological Conservation The site is not within the boundary of any designated sites for ecological or archaeological conservation importance; however, operations at the site do have the potential to affect other areas which are designated sites, namely the Carmarthen Bay and Estuaries European Marine Site (CBEEMS) which collectively comprises of the Carmarthen Bay and Estuaries Special Area of Conservation and the Carmarthen Bay Special Protection Area. There have also been protected species identified on the site in the submitted ecological assessment (and further response to NRW queries) such as dormouse, bats, otters and peregrine. However, the applicant has not proposed any removal of existing vegetation

and the ecological assessment concluded that the risk to protected species was negligible. A Test of Likely Significant Effects (TLSE) was carried out by the County Planning Ecologist and concluded that ‘there will be no likely significant effects on the Carmarthen Bay & Estuaries SAC and Burry Inlet SPA & Ramsar features and their conservation objectives both alone or in combination’. This opinion was ratified by NRW who signed the TLSE on the 2nd October 2015. In order to ensure that ecological impacts are kept to a minimum conditions have been suggested by both the Councils ecologist and NRW which requires the submission of Ecological Management and Maintenance Plan to be submitted and approved, prior to the commencement of any development on site. This plan would need to detail all the necessary ecological retentions, enhancements, creation mitigation and management measures for the development, delivering the recommendations listed within the ‘Phase 1 Habitat Survey and Protected Fauna Habitat Assessment’. The proposed site is also within proximity to the scheduled ancient monument (SAM), ‘Twlc Y Filliast burial chamber’ CADW have been consulted on the application and have not raised any concerns that the proposed development would have any negative impacts on this SAM. In light of the above it is considered that the development would not have any adverse impacts with regard to nature archaeological features in the area. Noise A noise survey was submitted with the application, although the applicant has since provided a letter addressing some of the concerns raised at a public meeting which was held in Llangynog Village hall. This noise report took measurements from 2 locations (previously agreed with the Local Authority) and indicated background noise levels of 29.1db LA90(1 hour) at location 1 and 32db LA90(1 hour) at location 2, these were both the quietest measurements taken during the survey period. It is considered that the background noise levels are a reasonable starting point for the noise survey. The surveys indicate that the increase in noise as a result of operations on site will be +8 db for location one and +7.8db for location 2, however these measurements take into account the Terex crusher operations. Conditions can be imposed on any permission issued to limit the working hours of the crusher, and the number of days of operation per year of this machinery, therefore, day to day operations, not including the crusher will be less noisy. Conditions limiting day to day operations to an increase of 5db, the maximum as specified by British Standard 4142:1997 could also be imposed on any permission. Therefore, it is considered that the day to day operations at the site (involving, lorries unloading, lorries driving around site, telehandlers and excavators) would be at an acceptable level. The use of peckers at the site will not be permitted and will be enforced by condition. With regard to crushing and screening operations, as mentioned previously the operation of the crusher and screener will be limited to certain periods over a year (40 days is suggested and this can be enforced by condition) – operating times on these days will also be limited. MTAN 1 deals with aggregates and related operations and provides detailed advice with regard to noise for aggregates extraction including secondary and recycled aggregates. As noted by the applicant in the noise report, MTAN 1 allows for a noise limit of no more than 10db above background noise levels,(where background noise levels are less than 45db) the MTAN 1 also allows for higher noise levels (up to 67db) for more temporary operations, for a period of up to 8 weeks in a year. However, it is not considered that the crushing and screening operations proposed at the site would be temporary operations. The crushing and screening operations are key to the overall viability of the site, therefore, cannot be considered temporary under the guidance provided by MTAN 1. Consequently, during times when the crusher and/or screeners are running it is considered

prudent to apply the noise limit of no more than 10 db above background noise. The report submitted by the applicant indicates that during times when the crusher/screener was running (including other plant such as loaders) the two monitoring locations experienced an increase in noise of 8db and 7.8db – therefore these operations would not be in breach of the noise levels as indicated in the MTAN. The physical process of the crushing and screening of the material on site could be considered to be the ‘recycling’ element of the development and this is why the noise levels advised in MTAN 1 are being applied to this element of the site operations. These operations would only be occurring at certain points throughout the year (this will be enforced by condition) and given the nature of the operations it is considered prudent to apply the limit prescribed in MTAN 1. Therefore, taking into account the results of the noise impact survey and the requirements of both the MTAN 1 and the British Standard 4142:1997 it would be considered that the proposed development would meet the requirements of the above named guidance. Conditions can be attached to the permission to ensure that these standards are met, and where they are exceeded there is the mechanism for enforcement action to be taken where required. The Environmental Health team have been consulted and have not raised any concerns with regard to noise, but have suggested various conditions be imposed on any permission. Odours Odours usually only become a problem when organic or putrescible wastes are involved, as the proposal is for inert waste recycling only it is not considered that odour would be a problem with this proposal. Protection of Surface and Groundwater NRW have been consulted on this application and they did not raise any objections with regard to the protection of surface and groundwater, the stream is a small distance from the proposed crushing/screening site and the topography of the site would help to reduce run-off into the stream from this area of the site. The wheel wash at the site will be an enclosed unit that will recycle water and this will help to reduce any potential run off of water onto the highway. Flood risk The site is not located within a flood zone nor has NRW raised any concerns with regard to flooding at the site, or increase flood risk elsewhere as a result of operations at the site, therefore there are no concerns with regard to flooding impact related to this proposal. Reinstatement of the site As previously mentioned, reinstatement of waste sites mainly apply to landfill sites where detailed restoration and aftercare plans are required to ensure that the land is left in a safe condition. The proposed development will not be filling in land or excavating large amounts of material, should use of the site cease there would be minimal requirements for restorations and/or aftercare. Conditions can be imposed to ensure once operations of the site have ceased any buildings, plant and/or machinery are removed. Conditions can also be imposed to ensure that hard surfaces and/or roads are removed and the surface

underneath ripped to ensure a good substrate for the natural regeneration of the site. It is considered that the inclusion of suitable restoration conditions to any permission would help to ensure that the site can be restored to a satisfactory standard. Transport and Access A number of concerns have been raised regarding the capacity of the local highways network to cope with the additional H.G.V traffic along the route proposed in the application. In response to their consultation the highways department have not objected to the application but have suggested numerous conditions in order to ensure that the proposed development does not impact upon highways safety. This includes the following;

1. Any access gates shall be set back a minimum distance of 20 metres from the highway boundary, and shall open inwards into the site only.

2. The private access shall be hard surfaced for a minimum distance of 20metres

behind the edge of carriageway, in materials which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out prior to any part of the development approved herewith being brought into use.

3. Prior to any use of the private road by vehicular traffic, a visibility splay of 2.4

metres x 59 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the private road in relation to the nearer edge of carriageway.

4. The access, visibility splays and turning area required, shall be wholly provided

prior to commencement of any other part of the development, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

5. 2 no passing bays, giving a carriageway width of 5.5 metres over a 10 metres

linear length of the road, shall be provided the C2080 road to the site. This shall be implemented prior to any part of the development being brought into use, and thereafter shall be retained, unobstructed, in perpetuity.

6. The site shall be limited to a maximum of 32 hgv movements a day.

7. Prior to the commencement of development the written approval of the Local

Planning Authority is to be obtained for a scheme detailing the provision and frequency of use of facilities for washing down the wheels of vehicles prior to entering the public highway.

8. Prior to the commencement of the development the written approval of the

Planning Authority shall be obtained for a hgv routing system between the site and the highway network.

9. Access to the site from the C2080 shall be a left in and right out arrangement

only.

10. All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

11. No surface water from the development herewith approved shall be disposed of,

or connected into, existing highway surface water drains. Whilst it is acknowledged that the site access and the highways to and from the site are single carriageway there have been numerous conditions and improvements suggested by both the highways department and by the applicant themselves. With these improvements in place many of the concerns with regards to highways can be addressed, additional passing places would actually be a beneficial addition to the highway, whilst this would obviously be to accommodate H.G.V’s it would also beneficial for other users of the highway in general. Previous reasons for refusal of landfill activity at the site on highways grounds have therefore been satisfactorily addressed. South Wales Trunk Road Agency have also been consulted on the application as the route from the site will join the A40 at the Llangynog junction, SWTRA raised no objections to the proposed development. Visual impact There are two buildings proposed on the site, one an office/staff building located close to the access of the site, the other, a more substantial soil storage building. The larger building has an apex of height of 7 meters, and will be located in the quarry void. This will be visible to users of the Public Right of Way but is agricultural/industrial in nature and would not look out of place in what is a dormant quarry with an extant planning permission. The floor of the quarry is also lower than parts of the PROW so the building would not be a dominant feature in the landscape as the topography would help to reduce the visual impact of the building. If permission is granted it would also include a condition for a landscaping scheme, any scheme would aim to reduce the visual impact of the site. A well thought out landscaping plan for the site would mean the proposed buildings would not be easily visible from longer distance views into the site and would be less intrusive from closer view points along the PROW. The presence of stockpiles and storage bays on site also has the potential to have a visual impact on external view points. However, it is not considered that these elements of the site would have an adverse visual impact, the stockpiles and bays are on the lowest section of the site and conditions can also be imposed to control the height of any stockpiles, so that they do not become too intrusive. Therefore, with a carefully designed landscaping plan it is considered that the visual impact of the site would be limited. It is also of note that the site is an historic quarry site; industrial land uses are therefore part and parcel of the history of the site which is industrial in nature and appearance. Other Issues This proposed development brings up various other issues which are not covered above, including the contribution of the site to a more efficient recycling network within Carmarthenshire, see below As highlighted in the policy sections South Wales as a whole is currently behind North Wales in terms of the treatment of construction and demolition waste and recycling rates,

as revealed by the Natural Resources Wales survey of 2012.The report revealed that whilst preparation for re-use was the dominant waste management method in the South East (58%) and North (46%) regions, the South West is not performing as well with land disposal being the most common waste management method (39%) followed by recycling (31%). Clearly then, there is room for improvement in the way that South West Wales deals with its construction and demolition waste and recycling of this material needs to be increased. This is not a case of ‘cant somebody else do it’, positive measures need to be taken within Carmarthenshire to increase the amount of this material that is recycled. This proposal would be an opportunity to help increase the amount of inert and construction waste recycled within the county. The land bank for the County and loss of mineral reserve at the site As mentioned previously in the report there are approximately 1.9 million tonnes of mineral reserve remaining at the site, if permission were to be granted for this proposal this would reduce the landbank for the county. As described in policy SP 10 of the LDP a landbank is ‘a stock of planning permissions for the winning and working of minerals. It is composed of the sum of all permitted reserves at active and inactive sites at any given point in time and for a given area.’ MTAN 1 requires that Local Authorities maintain a 10 year landbank throughout the entire LDP period i.e. there must be a 10 year landbank, even at the end of the LDP period. If the proposal was granted planning permission it would effectively sterilise the estimated 1.9 million tonnes of reserve at the site. The latest data within the annual report from the South Wales Regional Aggregates Working Party (SWRAWP) suggests that Carmarthenshire has a landbank of 53 years (based on a 10 year average) and 74 years based on a three year average. The ten year average figure is lower because it takes into account the years before the economic downturn where demand for material was significantly higher than the last few years. Taking this into account, it is considered that the 10 year landbank figure is the most accurate and this can be applied to this proposal. Looking at the average sales figures for the 10 year period (2004-2013) the average annual sales for crushed rock in Carmarthenshire was 0.94 million tonnes. The proposed development would sterilise approximately 1.9 million tonnes of material, this would equate to approximately 2 years of landbank. Therefore, if permission were granted for this proposal the landbank for Carmarthenshire would drop from 53 years to 51 years, clearly this would still be more than adequate considering the MTAN 1 requirement of 10 years. Therefore, it is not considered that the proposal would raise any concerns with regard to the adequate provision of minerals for the County. As mentioned previously the site in question is an Interim Development Order site and has planning permission as a quarry until the year 2042. Whilst the site is currently dormant an application for the determination of conditions could be made to the council any time between now and 2042 – these types of applications cannot be refused, conditions need to be agreed following negotiation with the applicant but refusal of this application is not an option. For dormant sites such as this where quarrying operations have not taken place for a number of years it is normally expected that full, modern conditions are imposed during any review, if these conditions are unacceptable to the applicant they can appeal this decision. As part of any permission granted the applicant (and in this case the landowner) would need to undertake a unilateral agreement to agree not to object to a prohibition order being served on this quarry, effectively giving up the remaining reserve at the quarry. This would

ensure that any quarrying activity could not take place at the site (not without another fresh application being submitted). Clearly this would be an advantage with regard to the protection of residential amenity, whilst there are currently no quarrying operations at the site, as mentioned previously, if the current or any future landowner were to submit an application for the determination of conditions the Authority could not refuse this application and quarrying could resume at the site. The permission lasts until 2042 which is still 26 years away and there is clearly ample time for an application of this nature to be submitted before the permission expires. Evidently, whilst the proposed development would potentially impact upon residential amenity in the area it would not be as disruptive to amenity as a quarry operation. Therefore, this application gives the Authority an opportunity to serve the prohibition order – with no objection from the land owner – and to ensure that no future quarrying operations could take place at the site. Therefore, from this aspect the development can be seen as a positive one as it removes the uncertainty of potential quarrying, including blasting. Potential Impacts on the Public Right of Way and Cycle Path The public right of way 24/12 runs east-west through the site, the Public Rights of Way department have been consulted on the application and have raised some concerns about the impact the proposed development may have due to H.G.V’s using part of the PROW to access the site, However, no objection was raised (due to the relatively low number of predicted traffic at the site) to the application and a condition was suggested relating to ensuring the PROW is not obstructed at any time, other conditions can also be included to help reduce any potential impacts on the PROW. This includes the provision of signage warning of the presence of heavy vehicles, as part of the overall site operation Lorries will be going 10 miles per hour; this should help reduce risk to users of the PROW. No objections have been raised by the PROW department and conditions have been suggested to help mitigate against any potential impacts and it is considered that there would be no adverse impacts upon the PROW resulting from the proposed development. The Sustrans Cycle Path – approximately 800 metres of the C2080 consists of the National Cycle Network Route 4 and in light of this Sustrans have been consulted on the application. They did not raise any objections to the application but have suggested various conditions, including changing the speed limit on the C2080, or if this is not feasible ensuring that there is adequate signage warning drivers of the presence of the cycle path – this can be re-enforced by conditions requiring further details of signage. They also suggested that weekend working should not take place, but this is considered too restrictive to the proposed operations, working hours will be reduced on a Saturday, with no working on Sundays or bank holidays. Taking this into consideration the proposal will have some impact upon the Cycle path but any impacts can be mostly mitigated by condition, it is also noteworthy that the proposed operations would produce significantly less traffic than an active quarry, for which there is an extant permission. CONCLUSION The aim of the TAN 21 and of Planning Policy Wales is to ensure that waste is dealt with in the most sustainable way possible, whilst also ensuring that there are no adverse impacts upon the environment or on residential amenity. The proposal provides an opportunity to deal with construction and demolition waste in a more sustainable way, pushing more of these waste arisings up the waste hierarchy. As demonstrated previously, this is one waste sector where South West Wales are currently performing poorly; therefore this proposal would provide a much needed opportunity for improvement in this sector.

However, this must be balanced against any environmental and social impacts that may occur as a result of this proposal, these have been considered in detail throughout the report. In summary, whilst dust is potentially a problem arising from site operations there have been numerous mitigation measures and conditions suggested to mitigate these impacts, the development has also been considered by the Head of Public Protection and no objections were raised. Highways is another major issue raised by the objectors. Whilst the roads to the site are single carriageway the Head of Transport has been consulted, and has not raised any objections to the development on highway grounds, but has suggested numerous conditions. With regard to the impact of the development on ecology in the area, more specifically the potential for the site to have adverse impacts upon the Carmarthen Bay SAC/SSSI, this has been considered by the Councils ecologist who carried out a TLSE and found that whilst there is potential for the proposal to impact upon designated sites, this potential could be reduced to an acceptable level with the inclusion of a pre-commencement condition requiring further survey works/mitigation measures. This was also signed off by NRW who were happy that any risks associated with the development could be reduced to an acceptable level with the inclusion and enforcement of this condition. Noise issues have been discussed in more detail above but essentially the crushing/screening element of the development will comply with legislation in the MTAN 1 (and re-enforced by condition) and the more day to day noise levels will also be conditioned to the lower thresholds set in the British Standard 4142:1997. In summary, the proposal is clearly beneficial in terms of the contribution it can make to recycling targets for Carmarthenshire and for the region. With regard to environmental and social impacts, all the statutory consultees have been consulted on the application and only one, Llangynog Community Council, have raised any objections to the development (NRW withdrew their objection after receiving more information). Local Planning Authorities must make determinations in accordance with the Development Plan unless any material considerations indicate otherwise. In this case, it has been demonstrated that the proposal does not conflict with the policies contained within the Carmarthenshire Local Development Plan. The potential impacts from this development would be acceptable and can be satisfactorily mitigated by conditions. Given the policy background and the lack of other material considerations that indicate that there would be adverse environmental or amenity impacts, there are no reasons which would justify a refusal. In light of all the above the proposal is recommended for approval subject to the following conditions.

RECOMMENDATION – APPROVAL CONDITIONS 1 The development hereby permitted shall be carried out strictly in accordance with

the plans and reports submitted namely;

Drawing number 149-01, revision B, Existing Site

Drawing number 149-02, revision B, Existing Site (photos)

Drawing number 149-03, revision B, Proposed Site

Drawing number 149-04, revision B, Proposed soil shed

Drawing number 149-05, revision B, Proposed Site Office Facilities

Drawing number 149-06, revision B, Site Location Plan

Planning Design and Access Statement

Transport Statement, revised version, July 2015

Waste Planning Assessment

Pollution Prevention Method Statement

Dust Prevention Method Statement

Inert Waste Recycling Operational Method Statement 2 Notwithstanding the provisions of Part 4 of Schedule 2 of the Town and Country

Planning (General Permitted Development) Order 1995 (or any order amending, replacing or re-enacting that Order) no fixed plant or machinery, buildings, structures and erections, or private ways, other than those detailed in the application, shall be erected, extended, installed, rearranged, replaced, repaired or altered at the site without the prior written permission of the Local Planning Authority.

3 Crushing/screening operations shall only take place on a maximum of 40 separate

days over any one calendar year, to include half days 4 The developer must inform the Local Planning Authority in writing at least 48 hours

prior to any crushing/screening operations at the site 5 The material to be imported for processing on site shall be inert material or material

that does not contain any contaminants which would pollute controlled waters. The definition of inert materials is as follows;

Topsoil, subsoil, brickwork, stone set concrete, clay and silica (excluding finely powdered waste), glass, solid and granular dry materials free from any noxious, poisonous or polluting substance which does not decompose or for any which the environmental impact of decomposition is less than or comparable with that of topsoil and is virtually insoluble in water

6 The amount of imported material entering the site shall not exceed 20,000 tonnes

per annum. 7 From the date of this permission the operator shall maintain records of their monthly

import and output and shall make them available to the Local Planning Authority within 14 days of any written request.

8 Except in an emergency or when otherwise approved in writing by the Local

Planning Authority, operations, other than water pumping, servicing, environmental monitoring or maintenance of plant shall not be carried out at the site except between the following times:

07:30 hours to 18:00 hours Mondays to Fridays; and 08:00 hours to 14:00 hours on Saturdays

9 The term “emergency” means any circumstances in which the operator has

reasonable cause for apprehending injury to persons or serious damage to property or the environment.

10 No operations in pursuance of this permission shall take place at the site on Sundays, Bank or Public Holidays

11 The free field noise levels attributable to operations involving the use of the crusher

on the development’s site as measured at the boundary of the curtilage of any residential or noise-sensitive property shall not exceed background noise levels by more than 10 dBLAeq(1hour).

12 At all other times (when the crusher is not in operation) the rating level of the noise

emitted from the proposed development as a whole shall not exceed the existing background noise level by 5dB or more. The noise levels shall be determined at the nearest noise sensitive premises. Measurements and assessments shall be made in accordance with BS4142.

13 If the Local Planning Authority receives a complaint about noise that it considers to

be justified, the operator shall within 28 days of the receipt of written request from the Local Planning Authority submit a scheme for assessing the level of noise for the written approval of the Local Planning Authority. The scheme shall be implemented as approved. In the event that the noise level specified in Condition 12 and 13 is exceeded then the submitted scheme shall also include mitigation measures to ensure compliance with the noise level specified in Condition 12 and 13. The development shall then be undertaken in accordance with the approved details.

14 No deliveries shall be taken at or dispatched from the site outside the hours of

07:30 to 18:00 Monday to Fridays and 08:00 to 14:00 on Saturdays and not at any time on Sundays, Bank or Public Holidays.

15 All plant, equipment and other machinery used in connection with the operation and

maintenance of the development shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in good condition in accordance with that specification at all times throughout the development.

16 The best practical means shall be used to minimise noise from reversing devices

which are fitted to mobile plant and vehicles on site. This shall include the fitting of ‘smart’ alarms to vehicles.

17 No blasting or secondary blasting shall take place on site at any time. 18 The use of hydraulic peckers at the site is not permitted at any time 19 Crushing/screening operations on the site shall be restricted to the following hours;

9.00 to 17.00 Monday to Friday

09:00 to 12:00pm on Saturdays

No crushing operations shall take place on Sundays or Bank or Public Holidays

20 The mitigation proposals within the Dust Pollution Prevention Statement document

shall be employed on the site at all times during the life of the operation.

21 The mitigation proposals within the Pollution Prevention Method Statement document shall be employed on the site at all times during the life of the operation

22 No loaded vehicles shall leave the site un-sheeted except those only carrying stone

in excess of 75mm. 23 Processed stone shall be conditioned with water or proprietary conditioning agents

and this shall take place at or before the point of discharge from any conveyor. Drop heights of stone shall be minimised. Loading shall take place at sheltered points around any stockpile. When constructing and managing stock piles, regard shall be had to the need to prevent dust becoming wind entrained. Stock piles shall be suitably profiled and shall be situated in sheltered areas of the site. Other appropriate measures shall include periodic conditioning with water or proprietary conditioning agents, according to weather conditions and the fitting of dust covers to all external conveyors.

24 The parking spaces and layout shown on the plans herewith approved shall be

provided to the written approval of the Local Planning Authority within 3 months of the date of this permission. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

25 Any access gates shall be set back a minimum distance of 20 metres from the

highway boundary, and shall open inwards into the site only. 26 The access shall be hard surfaced for a minimum distance of 20 metres behind the

edge of carriageway, in materials which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out within 3 months of the date of this permission.

27 Within 3 months of the date of this permission, a visibility splay of 2.4 metres x 59

metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the private road in relation to the nearer edge of carriageway.

28 The access, visibility splays and turning area required, shall be wholly provided

within 3 months of the date of this permission, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

30 2 no passing bays, giving a carriageway width of 5.5 metres over a 10 metres linear

length of the road, shall be provided the C2080 road to the site. The location of the bays shall be submitted for the written approval of the Local Planning Authority and following approval shall be implemented within 3 months of the date of this permission, and thereafter shall be retained, unobstructed, in perpetuity.

31 The site shall be limited to a maximum of 32 (in and/or out) traffic movements a day

(not including traffic movements of employees at the start and end of the working day).

32 Within 3 months of the date of this permission the written approval of the Local

Planning Authority is to be obtained for a scheme detailing the provision and frequency of use of facilities for washing down the wheels of vehicles prior to entering the public highway.

33 Within 3 months of the date of this permission the written approval of the Planning

Authority shall be obtained for a HGV routing system between the site and the highway network.

34 Access to the site from the C2080 shall be a left in and right out arrangement only.

A sign shall be erected at the site entrance advising all drivers to turn right as they exit and prohibiting them from turning left.

35 All surface water from the development herewith approved shall be trapped and

disposed of so as to ensure that it does not flow on to any part of the public highway.

36 No surface water from the development herewith approved shall be disposed of, or

connected into, existing highway surface water drains. 37 Within 1 month of the date of this permission the developer shall submit a scheme

for the protection of users of footpath 24/12 The scheme shall include:

details of the measures to be incorporated to ensure priority to and safety of the public users over vehicular traffic.

Details of signage to warn drivers they are crossing/using a public right of way

A timescale for implementation of the scheme.

The scheme shall be implemented as approved. 38 Within 1 month of the date of this permission the developer shall submit a scheme

to include details of cyclist warning signs on the C2080, the scheme shall be implemented as approved within 3 months of written approval from the Local Planning Authority.

39 Within 3 months of the date of this permission an Ecological Management and

Maintenance Plan detailing all necessary ecological retentions, enhancements, creation, mitigation and management measures for the development, delivering the ecological recommendations listed within the ‘Phase 1 Habitat Survey and Protected Fauna Habitat Assessment’, dated 21st August 2014, by Pryce Consultant Ecologists and the letter regarding Cerrigyrwyn Quarry, Llangynog from Pryce Consultant Ecologists, dated 17th June shall be submitted to and approved in writing by the Local Planning Authority. The plan shall then be implemented as approved.

40 Prior to the removal of any stone from the area marked ‘Zone A’ on Drawing

number ‘149-03 revision B Proposed Site’ a scheme shall be submitted detailing measures for the safe removal of this stone. The scheme shall be approved in writing by the Local Authority and shall be implemented as approved.

41 The existing trees, bushes and hedgerows within the site shall be retained and shall

not be (felled, lopped, topped or removed) in areas outside of the current or succeeding phase of working or tipping without the prior written consent of the Local Planning Authority. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased shall be replaced with trees or

bushes of a similar size and species unless otherwise agreed in writing by the Local Planning Authority, in the planting season immediately following any such occurrences.

42 Within 3 months of the date of this permission a landscaping plan shall be

submitted for the approval of the Local Authority. 43 Trees, shrubs and hedges planted in accordance with the approved scheme shall

be maintained and any plants which (within five years of planting) die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Local Planning Authority.

44 The top surfaces of all tips, soil mounds and storage mounds shall be sloped at a

suitable gradient to encourage surface water drainage and prevent ponding and erosion. The maximum height of all storage mounds shall not exceed 3m above adjacent existing ground level for topsoil and 4m in any other case.

45 Within 12 months of the date of this permission and prior to any restoration works

taking place in Zone C (show on Drawing number ‘149-03 revision B Proposed Site’) a detailed restoration plan shall be submitted for the approval of the authority. The scheme shall include, inter alia;

a. Details of existing ground levels and proposed finished ground levels b. Details of the type and depth of materials to be used to achieve the finished

ground levels c. Details of the final proposed use of restored area d. Details of any potential impacts upon the footpath during restoration and

mitigation measures for these impacts

The scheme shall be implemented as approved 46 Not later than twelve months from the date when operations at the site have ceased

permanently, all buildings, plant, machinery, access to the highway, internal roads, lagoons, drainage features, and any other equipment or installations shall be removed and their sites restored and re-vegetated in accordance with a restoration plan to be submitted to the Local Planning Authority for its written approval within 6 months of cessation of operations.

REASONS 1, 19, To ensure compliance with the submitted drawings and documents 20, 23. 1,2,5, In the interests of amenity and to reduce environmental impacts of the 6,8,9 development. 3,7 To allow the Local Planning Authority to adequately monitor activity at the site and

in the interests of residential amenity.

4, 19, To minimise dust emissions from the site. 20,22 10-18 To minimise noise impacts and for the protection of residential amenity. 6. To ensure that deleterious material is not carried on to the public highway and for 24-34 the general safety of all road users. 35,36 For the protection of users of the PROW and the cyclepath. 37-39 In the interest of the environment and ecology in the area. 40-42 In the interests of site maintenance and landscaping. 43-44 To ensure the satisfactory restoration of the site. NOTES This permission is subject to a Section 106 Agreement whereby the landowner/operator will not object to a Prohibition Order being made under the provisions of Section 102(8) & Schedule 9(3) of the Town and Country Planning Act 1990 to prevent further mineral working at this site. The proposed development is partially retrospective (some of the proposed operations have been carried out since the application was submitted) therefore, no condition relating to a minimum time period for the commencement of operations has been imposed. Any amendment or alteration of an existing public highway in connection with a new development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement and the developer is advised that the total costs of entering into such an agreement, as well as the costs of undertaking any physical works on site, shall be met by him. Any mobile crushing plant brought in to the quarry must benefit from a valid Part B Permit issued in accordance with the Environmental Permitting (England and Wales) Regulations 2010 (as amended) It is the responsibility of the developer to contact the Streetworks Manager of the Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway. NRW have advised that the applicant will require an Environmental Permit Regulations permit (EPR) to carry out the waste operations described in this application This approval does not allow for the obstruction of or development over public footpath 24/12 which affects the development site. This applies both during any construction phase and on completion. You are advised to contact the County Council’s Countryside Access team if you have any queries in respect of the public footpath.