HEADLINES

DATE OF NEW SITE VISIT CONFIRMED AS 29 AUGUST 2002.

 

 

DATE OF PUBLIC HEARING CONFIRMED AS 5.30PM TUESDAY 3 SEPTEMBER 2002, AT TOM JOHNSTON HOUSE, KIRKINTILLOCH

 

 

RESULT OF PLANNING BOARD 6 AUGUST 2002

Application No TP/ED/02/0398   Mineral Application

 

 

At the above meeting Nigel Hooper of the planning department pronounced that they are happy to recommend approval of the application subject to the proposed Section 75 Agreement, and the Conditions listed below.

 

However, Convener Hendry asked for comments.

 

Councillor Gotts, in consideration of the considerable concern expressed by residents, moved for another site visit by Councillors followed up by a public hearing.  The motion was seconded by Councillor Steel and was carried unanimously.  There was no further discussion, and the Convener instructed that sufficient notice should be provided to ensure a good attendance at both meetings.

 

 

At the same meeting the Tree Preservation Order for Mains Plantation was approved unanimously.

 

Comments on Conditions

 

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DEVELOPMENT QUALITY REPORT - PLANNING BOARD 6 AUGUST 2002

Application No TP/ED/02/0398   Mineral Application

 

 

RECOMMENDATION:  Disposed to grant subject to a Section 75 Agreement and conditions

 

 

Representations (ie, objections received)

 

548 objections were received including from MSP Des McNulty

A.   525 on a standard proforma

B.   22 individual letters from local residents

C.   Mains Estate Residents' Association has no objections subject to SNH approval of the proposal, conclusion of a Section 75 Agreement and written assurance that the site will not be used for landfill.

 

 

COMMENT

If SNH do not approve the proposal, or there is no written assurance

that the site will not be used for landfill, then

the Mains Estate Residents' Association do object to the application!

 

Comments on Conditions

 

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Proposed Section 75 Agreement

 

1.   Provision of a Restoration Bond sufficient to guarantee the full restoration of the existing quarry and proposed extension area.

2.   Implementation of the proposed Restoration Management Plan contained in Chapter 6 of the Planning Statement.

3.   Submission of a report for approval by the Planning Authority within two months of the date of approval, identifying a responsive mechanism for implementation of the Management Plan.   This should include the services of suitably qualified and experienced Environmental and Landscape Consultants in both a supervisory and monitoring capacity as required.

4.   Discussion and consideration of amendments to, or revision of, the proposed Restoration Management Plan if considered necessary or desirable by the Planning Authority in consultation with Scottish Natural Heritage, Scottish Wildlife Trust and other bodies with an interest in the positive management of land in the area.

5.   The provision of contingency proposals for approval if progress or works in accordance with the proposals (or amended) Restoration Management Plan are impeded or adversely affected for any reason or if any completed works or mitigation measures or objectives are unsuccessful for any reason.

 

COMMENT

The Restoration Management Plan contains a schedule for reinstatement in section 6, (this note corrects previous comment here that there was no programme in the proposed S75 agreement).

 

However, paragraph 20 in this same Plan refers to stabilised sewage sludge being used over the existing quarry floor by the end of 2009.

 

If you want to request more information from the Planning Authority

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CONDITIONS: (paraphrased)

 

1.   Valid for a period not exceeding 8 years from date of permission (ie likely to be Sept 2010) at the conclusion of which the mineral workings the subject this approval shall be discontinued unless an extension is approved.

 

2.   All plant, machinery, buildings and stockpiles to be removed on completion of mineral workings to the satisfaction of the Planning Authority.

 

3.   No materials of any description not directly required or associated with the approved use shall be imported onto the site without prior permission of the Council.

 

4.   Natural Heritage Value Surveys to be undertaken within six weeks of planning consent (date to be confirmed) to ascertain the habitats of the Waterfall and Mains Burn and submitted to the Planning Authority, and future monitoring carried out and remedial measures taken if required to ensure that the hydrology and habitat of the burns are safeguarded.

 

5.   A monitoring programme of Reed Bunting to be established and submitted to the Planning Authority by 17.9.02 with the aim of ensuring that their population does not decline as a consequence of the development and that future restoration of the acid grassland maintains and enhances the local population.

 

6.   A monitoring programme of the Mains Plantation to be established to the satisfaction of the Planning Authority (date to be confirmed) to ensure that vegetation is not adversely affected by dewatering of the underlying conglomerates and that BS 5837 is adhered to in relation to the proposed buffer between the woodland and the quarrying operations.

 

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7.   A monitoring programme to be established to assess the zone of drawdown (lowering of the water table) during quarry operations to ensure that it does not extend beyond the anticipated 60 metres.

 

8.   All mature trees to be removed are to be checked for bat roosts by an experienced surveyor and reports submitted to and approved by the Planning Authority prior to felling of trees.

 

9.   Any piles of soil to be transferred to a recipient site should not exceed 1.5 m in height and should not be stored beyond a period of 4 weeks.

 

10. All vehicles to be weighed and checked before dispatch and the internal haul road is maintained to the satisfaction of the the Planning Authority.

 

11. Blasting and shot firing to be strictly controlled to the satisfaction of the Planning Authority and restricted to the hours between 10.00am and 4.00pm Monday to Friday; no blasting on Saturdays, Sundays, Bank Holidays or National Holidays.

 

This condition shall not apply in cases of emergency.

 

12. During blasting, the vibration measured at or adjacent to the foundation of any vibration sensitive dwelling or building and expressed as a resultant peak particle velocity shall not exceed 6mms-1 at a 95% confidence level with no blasting exceeding 10mms-1.

 

To determine compliance with the above condition, all blasts require to be monitored using suitable equipment and details of the blast data should be kept on site and a copy forwarded to the Council's Protective Services within 1 week of the measurement.

 

13. Prior to blasting commencing on site, the operator should submit a scheme which details the intended methods to be employed in minimising air over pressure from blasting operations to the satisfaction of the Planning Authority by (date to be confirmed) in consultation with Protective Services.

 

14. During the working week, except for activities relating to soil stripping and site restoration, the daytime nominal limit at noise sensitive properties used as dwellings should be no more than 10dB(A) higher than the pre-existing background noise level measured as the L90, with the lower limit of 45 dB(A).  Prior to work commencing on site, the pre-existing background noise levels should be re-measured at suitable location and agreed with the Planning Authority.

 

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15. In relation to soil stripping and site restoration operations, for periods of 8 weeks in a year, the daytime nominal limit at noise sensitive properties used as dwellings should not exceed 70dB LAeq, (free field).  This work shall only take place between the hours of 8.00am - 5.00pm Monday to Friday and 8.00am - 12.00pm on a Saturday.

 

16. West of Scotland Water or the current owner of the water reservoir and associated structures in North Baljaffray should be contacted and appropriate vibration levels agreed prior to blasting commencing on site.

 

17. To demonstrate compliance with the above conditions, noise levels at noise sensitive premises used as dwellings require to be monitored using suitable equipment to the satisfaction of the Planning Authority.  Recorded noise levels should be kept onsite and a copy forwarded to Protective Services within 1 week of the measurements being taken.

 

COMMENT

 

Although NPPG 16 deals with opencast coal workings and states that workings within 500 metres from local communities ... are likely to be unacceptable, it also contains new guidance (para 31) forming a close link with that contained in NPPG 4.

 

NPPG 4 is aimed at mineral workings, and it has had a new paragraph 37a added in May 2001 referring to a recommended assessment framework which should be adopted in considering proposals for new surface mineral workings or extensions to existing.

 

 

This framework refers to a distance of 1000 metres from dwellings as being significant and makes specific reference to particulates generated by workings smaller than 10 microns diameter.

 

also from paragraph 37a.........

 

"increases in particle concentrations close to opencast coal sites was not due to the release of coal particles but was more likely caused by earth moving and excavation activities common to all mineral workings".

 

Nearest distances to houses are less than 300 metres !

 

Both Baljaffray Primary, and Douglas Academy lie

within 800 metres of the nearest edge of

the proposed extension area !!

 

There is no mention of analysis of dust generated during quarry operations, no evidence of particulate size has been provided in Tarmac's planning statement.  Para 4.2.12 contains the statement ...

 

"Dust potential has been assessed and there is no prediction of any nuisance."

 

Meanwhile the Scottish Executive advises that the Council has completed the air quality review and assessment process required by the Air Quality Regulations and has not declared any Air Quality Management Areas.

 

A spokesman for EDC is quoted in Milngavie & Bearsden Herald of 16.8.02 that "the council is confident they (dust emissions) are not an issue".  

 

 

 

Residents would find this more re-assuring if evidence were provided to the public that the particulate size exceeds dangerous thresholds.

 

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There is no embargo in the proposed planning conditions on use of Sewage sludge in future re-instatement!

 

 

 

Site inspections by the Council per NPPG 16 would be welcomed by residents.

Similarly, Liaison or Advisory Panel could be set up as recommended by NPPG 16.

 

Why does the report not refer to the Scots Pine trees?

Who identifies the vibration sensitive buildings?

How is compliance with these conditions monitored?

What recourse is there for non-compliance with any condition?

Who determines the value of the Bond?

 

Why is it proposed to grant permission for 8 years,

when Tarmac say there is only 6.5 years' reserve

at current production rates?

 

 

If you want to request more information from the Planning Authority

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If there are any additional issues you feel should be covered please contact us.

mail@moorfoot.net


 

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