Agenda item

Reference No – 130490

Planning application documents can be viewed here –

http://planning.aberdeencity.gov.uk/PlanningDetail.asp?130490

The Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Committee express a willingness to approve the application in respect of planning permission for an extension to Blackhills Quarry subject to the conclusion of a legal agreement that would require a roads condition survey to be carried out in 2020 and reviewed every five years thereafter, and that this be used to attribute the percentages of costs (attributed to the Council and the applicant) associated to repairing damage caused to the road network; and subject to the following conditions:-

(1)  Thatat least one year prior to mineral workings ceasing on the site, a restoration and aftercare plan shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the said scheme.  The plan must include information on any proposals for phased working and progressive restoration, as well as the effect that any restoration will have on the water environment, including groundwater quality and quantity.  The said plan must also include an assessment of the effect that any backfilling below the water table will have on groundwater; (2)  that the proposed operations hereby granted permission shall cease on or before 28 November 2050 unless the written approval of the planning authority is first obtained; (3)  that the hours of operations for extraction and processing and despatch of dry aggregates shall be restricted to (i) 7.00am to 7.00pm Mondays to Fridays; (ii) 7.00am to 1.00pm Saturdays; and (iii) at no time on a Sunday, bank holidays, or national holidays; unless written consent of the planning authority is obtained (4)  that the hours of operations for operation and dispatch from the asphalt plant shall be restricted to (i) 6.00am to 7.00pm Mondays to Fridays; (ii) 6.00am to 12.00pm Saturdays; and (iii) at no time on a Sunday, bank holidays or national holidays; unless the written consent of the planning authority is obtained; (5)  that the equivalent noise level (Leq) shall not exceed 55dB(A) measured as a one hour free field Leq at any existing noise sensitive property external to the site boundary, the details for measuring which are to be submitted to, and approved in writing by the planning authority.  South Blackhills may be periodically subject to higher levels but not exceeding 60dBL provided that the property remains under the control of the applicant and suitable noise attenuation measures that are submitted to and approved by the planning authority are introduced to the property; (6)  that the ground vibration as a result of the blasting operations shall not exceed a peak particle velocity of 6mms-1 ppv for 95% of events with no blast exceeding 12.0mm/sec-1 at existing private residential and commercial properties, with a limit of 12mms-1 being applied at railway structures and 14.8mms-1 being applied at Haven Cottage - which is owned by the applicant; (7)  that prior to the commencement of any blasting operations, a scheme for the monitoring of blasting including the location of monitoring points and equipment to be used, shall be submitted to, and approved in writing by the planning authority.  Thereafter, all blasting operations shall take place in accordance with the scheme as approved or with such subsequent amendments as may receive the written approval of the planning authority; (8)  that prior to the commencement of any blasting operations, details of the methods employed to minimise air pressure from blasting operations, shall be submitted to, and approved in writing by the planning authority.  Thereafter, all blasting operations shall take place only in accordance with the scheme as approved or such subsequent amendments as may receive the written approval of the planning authority; (9)  that the depth of the quarry shall not exceed 48m above ordinance datum (AOD) without the prior written approval of the planning authority; (10)  that within one year of this permission, a detailed landscaping scheme shall be submitted to and approved in writing by the planning authority, this scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting; (11)  that all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority; (12)  that no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority; (13)  that within one year of the date of this permission, a scheme detailing cycle storage provision has been submitted to, and approved in writing by the planning authority, and thereafter implemented in full accordance with said scheme; (14)  that no blasting shall take place within the site unless the prior approval of Network Rail is obtained.  For the avoidance of doubt, Network Rail should be notified seven days in advance of any blasting in order to afford them an opportunity of making comment; (15)  that the level of vibration at the railway boundary shall not exceed a maximum peak particle velocity of 25mm/sec; (16)  that the proposal should ensure that there is no reduction in the effectiveness of any drain or watercourse belonging to Network Rail.  Furthermore, there must be no interference to any existing drainage rights that Network Rail enjoys; (17)  that without the prior approval of Network Rail, the proposed works shall not generate an increase in the existing flow rates into any culvert that passes beneath the railway; (18)  that storm or surface water must not be discharged onto, or towards Network Rail property.  Suitable drainage or other works must be provided and maintained by the developer to prevent surface flows or run-off affecting the railway; (19)  that storm or surface water must not be discharged onto, or towards Network Rail property.  Suitable drainage or other works must be provided and maintained by the developer to prevent surface flows or run-off affecting the railway; (20)  that cranes and jibbed machines, used in connection with the works, must be positioned that the jib or any suspended load does not swing over railway infrastructure or within 3 metres of the nearest rail if the boundary is closer than 3 metres; (21)  that all cranes, machinery and constructional plant must be positioned and used to prevent the accidental entry onto railway property of such plant or loads attached thereto, in the event of failure; (22)  that vibration monitoring shall be carried out by the developer, or their contractors, to determine the effects of blasting on the railway, and Network Rail, in consultation with the planning authority, shall be supplied with a copy of the results; (23)  that within a year of the date on this permission, a procedure shall be set in place between Network Rail and Leith's (Scotland) Limited on the design and operation of a "Safe System of Work" to ensure the protection of rail traffic whilst blasting is being undertaken; (24)  that the developer shall (a) meet the costs of all reasonable protective works carried out by Network Rail, which are directly attributable to the proposed use of explosives pursuant to the foregoing conditions; and (b) indemnify Network Rail against all third party claims arising by reason or in consequence of the said use of explosives except insofar as the same are caused by the negligence of Network Rail, their servants, agents or licensees; (25)  that where alterations to existing ground levels are proposed within 10 metres of the boundary of railway land (including the construction of storage mounds) detailed plans of the development, including cross-sections should be forwarded to Network Rail, in consultation with the planning authority, for assessment and comment before development commences; and (27)  that Network Rail shall be notified of any significant alterations to the characteristics of the work or site, for example changes in the depth of working, limits of extraction, blasting specification etc.

The Committee resolved:-

to approve the recommendation.