Decision details

Hyndburn Borough: Application 11/13/0264
The extension of Whinney Hill Quarry (phases 2 to 4) and the restoration by means of partial infill with inert construction, demolition and excavation waste and ancillary activities. Whinney Hill Quarry, W

Decision status: Recommendations Approved

Is Key decision?: No

Decisions:

A report was presented on an application for the extension of Whinney Hill Quarry (phases 2 to 4) and the restoration by means of partial infill with inert construction, demolition and excavation waste and ancillary activities.

 

The committee was reminded that at their last meeting on the 9th April 2014, they had resolved to grant planning permission for an extension of Whinney Hill Quarry. The grant of planning permission was subject to the applicant first entering into a Section 106 agreement relating to financial contributions towards highway maintenance.

 

In anticipation of the legal agreement being completed and the decision notice being issued, the applicant had submitted a draft surface water management scheme to meet the requirements of condition 24.  However, the proposed surface water management scheme was partly on land outside of the applicants control and on land which affected the landfilling operations and would be reliant on the complex owner's independent water lagoon system.

 

The committee was advised that planning conditions could only relate to land within the applicants control. Given the proposed scheme fell outside the applicants control and could not be controlled by condition, it was considered that to ensure the implementation, management and use of such, the scheme needed to be included within the Section 106 agreement rather than controlled by condition. The owners of the Whinney Hill Quarry complex had agreed to be a signatory to the Section 106 agreement.

 

Inclusion of these controls within the Section 106 agreement would mean that condition 24 was no longer required and it was therefore proposed to delete the requirements of such and renumber subsequent conditions accordingly.

 

Resolved:- That after first taking into consideration the environmental information, as defined in the Town and County Planning (Environmental Assessment) Regulations 2011 submitted with the application and subject to the applicant first entering into a Section 106 Agreement relating to contributions to highway maintenance and the submission and implementation of a surface water management plan, planning permission be granted subject to the conditions set out in the report to the committee.

 

Date of decision: 09/07/2014

Decided at meeting: 09/07/2014 - Development Control Committee

Accompanying Documents: