Agenda No.
2
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 20TH JANUARY 2009 AT 10.00 AM
EAST HERTS DISTRICT
APPLICATION FOR THE VARIATION OF CONDITION 10 OF PLANNING PERMISSION 3/1182-00 RELATING TO VEHICLE MOVEMENTS AT ANSTEY CHALK QUARRY, ANSTEY, BUNTINGFORD, HERTFORDSHIRE, SG9 0BU
Report of the Director of Environment
Author: Conor Guilfoyle Tel: 01992 588 670
Local Member: Jane Pitman
1 Purpose of Report
To consider planning application ref. 3/1853-08 at Anstey Quarry for the variation of condition 10 of planning permission 3/1182-00 relating to vehicle movements at Anstey Chalk Quarry, Anstey, Buntingford, Hertfordshire, SG9 0BU.
2 Summary
2.1 The application site is approximately 8.2 hectares in size. It lies approximately 4.75 kilometres to the north east of Buntingford. It is designated as a county wildlife site and lies within the rural area beyond the Green Belt. The nearest settlement is the village of Anstey which lies 1 kilometre to the east.
2.2 The 9 hectare site has been progressively worked for chalk since 1949 supplying farms within this part of Hertfordshire and the surrounding region with agricultural lime. At present, chalk extraction, inert waste importation, and inert waste recycling operations take place at Anstey quarry.
2.3 In December 2001, planning permission ref. 3/1182-00 was granted for further chalk extraction and the restoration of the mineral void by the importation of inert waste at the quarry. Condition 10 of the permission restricted total movements by Heavy Goods Vehicles (HGV’s) of more than 3 tonnes gross vehicles weight (excluding exceptional vehicles) according to hourly, daily, and weekly limits, with seasonal variations.
2.4 Since the grant of the existing planning permission (3/1182-00), the nature of the business has changed. The current condition relating to vehicle movements reflects the surge in chalk numbers during the ‘chalk season’ with reduced activity at other times. Seasonal chalk demand no longer occurs to any great extent and there is now steady all year activity with no particular seasonal variation. Therefore, this application seeks a revised condition to reflect this, with a proposed 90 movements per weekday and 44 movements on a Saturday.
3 Conclusion
3.1 The application seeks to vary permitted vehicle movements to allow a maximum potential of 494 HGV movements per week. The existing permission is complicated by hourly, daily, and weekly restrictions on vehicle movements. Following advice from the Highway Authority, it is considered that the proposal would be acceptable subject to certain changes, primarily an adjustment of the proposal to limit HGV movements to a maximum of 340 movements per week. The proposal would replace the requirement for hourly and weekly caps in vehicle numbers. Instead a single daily limit would enable the HGV movements to be more effectively enforced. The recommended HGV limit can be accommodated within the existing capacity of the B1368. Whilst concerns have been raised amongst residents of the proposed HGV route, these do not appear to be carry sufficient weight to warrant refusal.
3.2 The report therefore concludes that the Director of Environment should be authorised to grant planning permission for the variation of condition 10 of planning permission 3/1182-00 relating to vehicle movements at Anstey Chalk Quarry, Anstey, Buntingford, Hertfordshire, SG9 0BU, subject to conditions to include:
(i) a limitation on vehicle movements to 30in/30out (60 HGV movements) per day Monday to Friday and 20 in and 20 out (40 HGV movements) on Saturday;
(ii) all relevant conditions attached to planning permission ref. 3/1182-00.
4 Description of the site and proposed development
4.1 The application site is approximately 8.2 hectares in size. It lies approximately 4.75 kilometres to the north east of Buntingford. It is designated as a county wildlife site and lies within the rural area beyond the Green Belt. The nearest settlement is the village of Anstey which lies 1 kilometre to the east. The village of Hare Street is situated approximately 3 kilometres to the south of the site. Access to and from the quarry is via a haul road that is shared with public footpath ‘Anstey Footpath 1’, and then via a 500 metre stretch of C Class road where it then joins the B1368 which runs in a north-south direction.
4.2 The 9 hectare site has been progressively worked for chalk since 1949 supplying farms within this part of Hertfordshire and the surrounding region with agricultural lime. Successive planning permissions granted in 1955 and 1964 enabled the workings to be extended in a southerly direction. In 1980 planning permission ref. 3/1007-79 was granted for a 2.8 ha. extension to the eastern part of the quarry. In February 1995 planning permission ref. 3/1266-94 was granted for the establishment of a temporary inert waste recycling and disposal facility at the site.
4.3 In December 2001, planning permission ref. 3/1182-00 was granted for further chalk extraction and the restoration of the mineral void by the importation of inert waste at the quarry. Additionally, following a successful appeal (planning permission ref. 3/0174-02), inert waste recycling also takes place on the site. At present, chalk extraction, inert waste importation, and inert waste recycling operations continue to take place at Anstey quarry.
4.4 Condition 10 of the 2001 permission (ref. 3/1182-00) restricted total movements by Heavy Goods Vehicles (HGV’s) of more than 3 tonnes gross vehicles weight (excluding exceptional vehicles) according to the hourly, daily, and weekly limits set out below:
Time Period: / A) HGV movements whilst Chalk extraction is taking place / B) HGV movements after chalk extraction has ceasedAugust & September / Not to exceed:
12 in any one hour, and
116 in any one week day (or 50 on Saturday), and 416 per week / Not to exceed:
10 in any one hour, and 90 in any one week day
(or 45 on Saturday), and 164 per week
Rest of year / Not to exceed:
10 in any one hour, and 100 in any one week day (or 45 on Saturday), and 204 per week
4.5 The application submitted seeks to vary the existing permitted hourly, daily, weekly and seasonal restrictions of vehicle movements to 90 HGV movements per day (45 in/45 out) with no hourly or weekly cap. Whilst the application refers to varying condition 8, it is in fact condition 10 which relates to the hourly, daily, weekly, and seasonal restrictions.
4.6 The reason for this application is that since the grant of the existing planning permission (3/1182-00), the nature of the business has changed. There is reduced demand for agricultural lime and accordingly sales have decreased. This has been off-set by an increased demand for recycled aggregate and continuing regular demand for inert landfill.
4.7 The current condition relating to vehicle movements was drafted to reflect the surge in chalk numbers during the ‘chalk season’ with reduced activity at other times. Seasonal chalk demand no longer occurs to any great extent and there is now steady all year activity with no particular seasonal variation and the proposed revised condition seeks to reflect this.
5 Consultations
5.1 East Herts District Council does not object to the proposal.
5.2 Hormead Parish Council objects to the proposal on the following grounds:
· The new application has no weekly limits and with 90 movements per weekday and 44 movements on Saturdays, this could effectively mean 494 lorry movements per week.
· An increased number of lorries through our Parish would devastate not only Hare Street, but also the other villages on the B1368.
· Hormead Parish Council demand the vehicle movements are greatly reduced in line with the applicant’s stated reduced demand for chalk extraction, and insist that a limit of 150 vehicle movements per week should be the maximum allowed.
5.3 Braughing Parish Council objects to the proposal on the following grounds:
· The new application has no weekly limits and with 90 movements per weekday and 44 movements on Saturdays, this could effectively mean 494 lorry movements per week.
· The number of lorries through the Parish would devastate all the villages and hamlets in the B1368.
· Braughing Parish Council demand the vehicle movements are greatly reduced in line with the applicant’s stated reduced demand for chalk extraction, and insist that a limit of 150 vehicle movements per week should be the maximum allowed.
· The road already carries significant amounts of traffic particularly in the rush hours
· The road has 11 changes of speed limit and police surveys suggest that vehicles often exceed these
· The road is already in generally poor condition – including potholes and sunken drains
· There are 3 bends where sightlines are poor, requiring vehicles to slow down significantly, often by hard braking
· Cars are often parked on the road in the community areas
· Much of the route (from a point north of Hare Street to the A10) already has permission for between 40 and 100 lorry movements per day to and from Anstey Quarry; already this brings its own disruption and danger – see below.
· Many houses on the route have no gardens and front directly onto the road; a significant number of lorry movements generates danger for the residents and damage to the structure; many of the houses are listed buildings
· The residents on the route will suffer significant additional air pollution from lorries operating in low gear as they negotiate the hazards, bends and changes in speed limit.
5.4 Hertfordshire County Council as Highways Authority does not wish to restrict the grant of permission subject to the following conditions:
1.) There shall be no more than 60 HGV movements (30in/30out, over 7.5 tonne) at the site on any one working day (Mon to Fri.), and 40 HGV Lorry movements (20in/20out on Saturdays).
Reason:
In the interests of highway safety and so that there shall be no adverse effect upon the free and safe flow of traffic along the highway in the vicinity of the site.
5.5 The Environment Agency does not object to the proposal.
5.6 A total of 4 properties were consulted on the application and 55 letters objecting to the application were received. The issues of concern can be summarised as:
· Impacts on residential amenity, in particular noise and vibration.
· Increased HGV traffic
· Highway safety
· Damage to roads, in particular the B1368.
5.7 2 site notices were erected (one by the junction of the haul and C class road, and the other on Hare Street’s village notice board) on 5th November 2008. An advert was placed in the Hertfordshire Mercury on 7th November 2008.
6 Planning considerations
6.1 The relevant development plan policies are:
Hertfordshire Waste Local Plan 1995-2005
Waste Policy 1 (Sustainable Development)
Waste Policy 40 (Noise)
Waste Policy 43 (Traffic)
East Herts Local Plan Second Review April 2007
Policy TR3 (Transport Assessments)
Policy TR20 (Development Generating Traffic on Rural Roads)
Policy ENV27 (Air Quality)
6.2 The principal issue to be taken into account in determining this application relates to highways/traffic.
6.3 The main vehicular access to Anstey Quarry is off B1368. The annual average weekday traffic flow is around 2300 vehicles. The traffic flow along B1368 is very low compared to other "B" roads in Hertfordshire and no doubt the local residents are concerned about the potential increase in vehicles, particularly HGVs along B1368.
6.4 However, in terms of road hierarchy it is difficult to restrict HGVs on "B" Roads. B1368 road is in good order with speed restrictions. The highway authority seeks to limit HGV movements from development sites to ensure the proportion of HGV's to total traffic flow is reasonable. At present the Anstey Quarry's Traffic Restrictions are 45 HGV in/ 45 HGV out per day with a maximum of 204 vehicle movements (102 in/102 out) per week. The applicant is also allowed to increase to 416 weekly vehicle movements during the months of August and September.
6.5 The applicant is seeking an increase in HGV movement to 45HGVs in and 45 HGVs Out, (90 HGV movements) per day, Monday to Friday, and 22in/22 out (44 HGV movements) on Saturdays, with no weekly and hourly cap on HGV movements. This would result in significant increase on the permitted weekly flow, with a maximum potential of 494 HGV movements per week.
6.6 However, the Highway Authority considers that 30in/30out (60 HGV movements) per day Monday to Friday and 20 in and 20 out (40 HGV movements) on Saturday as reasonable. This recommendation does not include any hourly, daily, or weekly cap on vehicle movements. It would allow for a maximum potential of 340 HGV movements per week. Such permitted lorry movements are less than the applicant is seeking but reasonably higher than the existing permission. The Highway Authority states that such movements would represent only 3% of the vehicle movements along B1368, which is a figure which would not solely dominate highway HGV capacity on this route.
6.7 A number of consultee responses raised concerns regarding the potential noise impact of increased HGV movements through local villages. Whilst the noise impact could be expected to increase because of the increased number of HGV movements, it is not considered to be of such significance to warrant refusal. Additionally, members of the public voiced fears that vibrations from HGV movements could damage properties close to the B1368. However, in the previous application (ref. 3/1182-00), it is noted that extensive research has shown that ground vibration is very unlikely to result in any structural damage to buildings.