Agenda Item No 11Report No 76/12

ANGUS COUNCIL

DEVELOPMENT STANDARDS COMMITTEE – 24 JANUARY 2012

PLANNING APPLICATION – LAND AT ETHIEBEATON AND ARDOWNIE QUARRIES,

MONIFIETH Grid Ref. No: 000117098551

REPORT BY THE DIRECTOR OF INFRASTRUCTURE SERVICES

Abstract: This report deals with planning application No. 10/01189/MINM for Extension to and merging of Ethiebeaton and Ardownie Quarries for continued working of hard rock, recycling of aggregates, batching of concrete and progressive restoration for Breedon Aggregates Scotland Ltd and D Geddes Contractors (Ltd). This application is recommended for conditional approval. 1 RECOMMENDATION

1.1 It is recommended that the Committee approve the application for the reasons and subject to conditions as detailed in Section 10 of this report.

2 INTRODUCTION

2.1 Full planning permission is sought for extension to the quarry excavation areas at Ethiebeaton and Ardownie Quarries which are located approximately 1km from Monifieth on the north side of the A92 Dundee to Arbroath Road. The extension to the excavation areas results in the merging of both quarries to create a single unit referred to as Monifieth Quarry.

2.2 The existing site boundary of Ardownie Quarry extends to some 21.0 hectares. The northeastern end of Ardownie Quarry is in use as a landfill site and is being progressively infilled with inert waste. The quarry also operates a recycling centre and has site offices, weighbridge, workshop, car park and ready-mix concrete plant located in the southwestern area of the quarry. A series of rock crushers and conveyors are located within the site for the processing of the mineral reserves extracted on the site. The quarry is bounded to the north, west and east by agricultural land with Ardownie Farmhouse, farm buildings and Ardownie farm cottages located approximately 100 metres to the south. Ethiebeaton Quarry is located some 200m to the west of Ardownie.

2.3 The existing site boundary of Ethiebeaton Quarry extends to some 37.8ha. Recycling of aggregates is undertaken within an area to the east of the quarry void and an asphalt plant is located to the south-west. The site offices, weighbridge, workshop, car park, and a ready-mix concrete plant are located in the southern area of the quarry. A series of rock crushers and conveyors are located within the site for the processing of the mineral reserves extracted on the site. Breedon Aggregates Scotland Ltd’s head office and a workshop are located to the southeast of the quarry and share the quarry access. The quarry is bounded to the north by woodland on Gallow Hill, to the west and south-west by agricultural land and woodland and agricultural land to the south-east. Ethiebeaton Park is located to the south comprising of Angus Gateway (retail outlets and visitor centre], Dobbies garden

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centre, David Lloyd Leisure Club, Travel Inn and restaurant and a McDonalds fast food outlet. The closest residential property, Ethiebeaton Lodge, is located approximately 160m northwest of the existing recycling area within the quarry.

2.4 The overall quarry extension area extends to 16.9 hectares taking in the land between the existing quarry voids and extending to the south-west of Ardownie and to the north and northeast of the existing Ethiebeaton Quarry void. The land affected by the proposed extension comprises some 9.5 hectares of agricultural land and 7.4 hectares of woodland (including 4 hectares of inventoried woodland).

2.5 The application proposes the extraction of an estimated 15.9 million tonnes of hard rock (including existing consented reserves) over a period of 30 years with a further 1 year required to allow complete restoration of the site. The average production rate is indicated to be 495,000 tonnes per annum over 8 phases. Ardownie and Ethiebeaton will continue as two separate commercial operations and the proposed phasing plans show each of the two operational areas at the end of specific phases. Over the 8 phases it is proposed to develop the quarries down to benches at 80, 68 and 52 metres in the north west and 62, 52, and 42 metres to the south and east. Approximate timescales for each operational phase of the development are identified as follows: - Phase 1 – 3 years; Phase 2 – 2 years; Phase 3 – 3 years; Phase 4 – 5 years; Phase 6 – 2 years; Phase 7 – 9 years; Phase 8 – 2 years; Final Restoration – 1 year.

2.6 It is proposed that all operations including production, processing, concrete batching, recycling and dispatch continue on the currently approved operating hours:-

Ardownie Monday - Friday 7.00am to 7.00pm Saturday 7.30am to 14.00pm Ethiebeaton Monday - Sunday 7.00am to 18.00pm 2.7 For the purposes of the Environmental Impact Assessment (Scotland) Regulations

2011 the development falls within Schedule 1 as the area of the site exceeds 25 hectares. As such Environmental Impact Assessment (EIA) is automatically required and the applicant has submitted an Environmental Statement (ES) in support of the application. An outline of the contents of the ES is provided in Section 4 of this report.

2.8 As a major application defined by the Town and Country Planning (Hierarchy of Developments) Scotland Regulations 2009 the application has been subject to statutory pre application consultation and a Pre-Application Consultation Report has been submitted as part of the Environmental Statement (ES). The application has been publicised in accordance with Regulation 19 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 and advertised in accordance with Schedule 3 of the same Regulations. It has also been advertised under the Environmental Impact Assessment (Scotland) Regulations.

3 PLANNING HISTORY

3.1 There is extensive planning history related to the operation of both quarries. The two most relevant permissions which relate to the existing operations are 00/00971/FUL

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for Ethiebeaton and 00/00731/FUL for Ardownie. These applications along with other relevant applications in respect of the current applications are detailed below:-

Ethiebeaton Quarry

3.2 D20556 - Asphalt plant and formation of bunding approved September 1995. This permission is unrestricted with regard to hours of operation.

3.3 00/00971/FUL - Mineral extraction and processing for a further period of 17 years within a 12 hectare area at Ethiebeaton Quarry granted on 15 June 2001 and expiring on 31 December 2017. The permission provides for four phases of working with a period of reinstatement/ restoration and aftercare after cessation of mineral working.

3.4 02/00392/FUL - Erection of an office building (headquarters for the quarry operator) and a workshop to the south of the quarry approved June 2002.

3.5 02/00638/FUL - Erection of a recycling station for inert materials within the quarry approved on 6 August 2002.

Ardownie Quarry 3.6 D18606 – Extension of quarrying operations and infilling of void with imported inert

waste. Application refused on 15 August 2001 and subsequently dismissed on appeal in October 2002 following a Public Local Inquiry. The findings of that appeal decision are a material consideration in respect of the current application in so far as it relates to the extension of Ardownie Quarry and this matter is discussed further at Section 7 below.

3.7 01/98/0337/FUL - Development of recycling and transfer station at Ardownie Quarry - approved January 1999.

3.8 00/00214/FUL - Infilling of part of Ardownie Quarry with inert material approved May 2003. It is proposed to continue to infill the approved area under this permission in tandem with the extraction operations proposed by the current applications.

3.9 00/00731/FUL - Continuation of quarrying and ancillary operations at Ardownie Quarry – approved 20 August 2001 for 12 year period expiring on 31 December 2013.

3.10 05/00213/FUL - Planning permission for provision of an exit for westbound traffic from Ardownie Quarry and the formation of an access road between the new Ethibeaton roundabout and the quarry approved on 4 July 2005.

4 APPLICANTS CASE

4.1 An Environmental Statement (ES) has been submitted in support of the application which includes the following:

Section 1: sets the legislative context, the objectives of the EIA process and the approach to the study.

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Section 2: sets the background to the project, describes the area of the proposals

with regards to site history, site location, topography, land use and geology, and addresses the issues of need and alternative options.

Section 3: describes the proposed development, construction works and operation.

Section 4: considers the planning and development framework within which the application requires to be considered.

Section 5: describes how the scoping process identified key impacts for assessment.

Sections 6 to 15: includes the following environmental assessments:

6 Landscape & Visual Impact 11 Air Quality 7 Surface and Groundwater 12 Blasting 8 Ecology and Nature Conservation 13 Access and Traffic 9 Restoration 14 Archaeology 10 Noise 15 Recreational Access

Section 16 sets out the Extractive Waste Management Plan for the quarry.

Section 17 provides a summary of Impacts and Mitigation which concludes the

ES by summarising the main findings from each of the issues examined and compares the different positive and negative impacts of the proposal.

4.2 The ES, including the Non Technical Summary, is available to view in the Members’

Lounge.

5 CONSULTATIONS

5.1 The Head of Roads has confirmed that while the time period for the extraction will be extended no alteration to the levels of vehicular traffic is envisaged as annual output will remain at current levels. As such the Head of Roads has no objection to the proposal on the grounds of road safety. In relation to flooding he has indicated no objection subject to conditions which require submission of additional information in respect of relevant matters.

5.2 The Head of Economic Development and Environmental and Consumer Protection (EDECP) has indicated that his main concerns in relation to the proposed development relate to noise, dust, and restoration. However, having considered these matters he raises no objection to the application subject to a number of conditions.

5.3 The Scottish Environment Protection Agency (SEPA) has undertaken an assessment of the hydrogeological information submitted in support of the quarry application and additional information was sought in relation to a number of matters. Subsequent correspondence provided the relevant information sought and SEPA has offered no objection.

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5.4 Scottish Natural Heritage (SNH) confirms that with regard to designated sites and

protected species likely issues have been adequately noted and considered in the Environmental Statement. With regard to landscape issues it is considered that while the proposal will be locally visible the long term restoration proposals are sound. SNH also confirms that the proposed mitigation and planting are in keeping with local landscape character and will bring about positive benefits in term of landscape enhancement.

5.5 Historic Scotland (HS) has assessed the impact of the development on historic environment features where it has a statutory remit, namely scheduled monuments and their setting, category A listed buildings and their setting and gardens and designed landscapes included in the Inventory. Historic Scotland confirms that there will be no significant impact on any of the above noted historic environment features and as such does not object to the proposal.

5.6 Forestry Commission Scotland (FCS) confirms that much of the woodland adjacent to and within the site is classified as Long Established of Plantation Origin (LEPO) under the Ancient and Semi natural woodland assessment of 1986. FCS makes reference to Scottish Planning Policy which seeks to protect woodlands from adverse impacts from development and where relevant identify and implement mitigation measures and seek opportunities for new woodland creation. FCS confirms that the Scottish Governments control of woodland removal Policy is that woodland removal should only be allowed where it would achieve significant and clearly defined public benefits. Where woodland is removed in association with development it is stated that there should be a strong presumption in favour of compensatory planting. In this case FCS requests that if the development is approved woodland establishment (of an equivalent area) on another site should be required.

5.7 The Aberdeenshire Council Archaeological Service provides advice to Angus Council on archaeology as part of a Service Level Agreement with Angus Council. The Archaeological Service have been consulted and confirmed that the impact of the development on nearby cultural heritage, both directly and indirectly and in terms of the setting of any archaeological features has been appropriately assessed and that no further works are required in this regard.

5.8 Murroes and Wellbank Community Council raise concern over a potential increase in HGV traffic and blasting as a result of the proposed development.

5.9 Monifieth Community Council suggest that consideration be given to the long term impact of quarry traffic on the local road network and the potential impact on the amenity of any future residential development in the surrounding area.

5.10 The Scottish Executive Environment Group, the Health and Safety Executive, Transco, Scottish Water, the Trunk Road Network Management Directorate, RSPB Scotland, Dundee City Council and Tayside Police have offered no objection to the applications.

6 LETTERS OF REPRESENTATION

6.1 A total of three letters of representation have been received from and on behalf of three individuals. The main issues raised are summarised below:-

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Potential impact of quarry operations on Angus Gateway Development and

proposed development at North Grange Farm subject of planning application 08/00693/FUL. The impact of the quarry operations on the amenity of the surrounding area, including Angus Gateway, is considered below in Section 7. Any impacts of the currently operational quarry and the extension proposed by the current application in respect of the proposed development at North Grange will be assessed by Dundee City Council as part of the determination of that application. The proposed development at North Grange is on a site which is not allocated for development in the Dundee Local Plan Review. Dundee City Council has indicated that the North Grange application will not be determined at the present time pending further progress being made on TAYplan and the new Dundee City Local Development Plan.

Variations in production and output figures included within the ES – the

existing quarries import materials for concrete and asphalt production and consequently the output figures are higher than the annual extraction figures. The annual extraction figures are used in the ES for the calculations for landbank/ duration of operations and the higher total production figures are used in respect of vehicle movements and traffic assessment.

No consideration is made of night time noise levels when ambient noise

levels from the A92 are significantly lower – the current hours of operation extend to 1900 hours at Ethiebeaton and 1800 hours at Ardownie. No change to the hours of operation is proposed by the applicants as part of the current application. The only operation during night time hours relates to asphalt plant at Ethiebeaton which operates under a separate planning permission with no restriction to hours of operation (refer to Section 3 above).

Development will have a significant adverse impact on setting of Scheduled

Ancient Monuments in the area including Laws Hill Broch and Fort and Ardownie Souterrains – The impact of the development on all built heritage including Scheduled Monuments is considered in Section 7 below. However, it is noted that Historic Scotland has offered no objection in relation to impact on these Monuments.

Proposed impact of works to form screening mound at Ardownie Farm and

Ardownie Farm Cottages – construction works associated with these works may give rise to increased noise levels however it is accepted in PAN50 that higher noise limits can be appropriate for temporary operations The agent has confirmed that works to form the screening mound to the north of Ardownie Farm Cottages will be short term and will be completed within 1 week and this will be controlled as part of a phasing condition related to the timing of construction of all screening mounds and bunds. Noise limits for temporary operations are also controlled by proposed noise conditions.

Impact on possible Right Of Way through site - It is acknowledged in the ES

that although the Land Reform (Scotland) Act 2003 theoretically gives access across any land, operational minerals sites are specifically excluded on health and safety grounds. The path referred to is not a Right Of Way and goes through an operational minerals site. As such access rights do not apply.

Need for the development to meet the minimum 10 year landbank.

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Quarries operate in breach of existing planning conditions.

Availability of alternative sites.

Adverse impact on amenity of surrounding area from noise, dust, blasting.

Potential adverse landscape and visual impact of extension area and lack of acceptability of proposed mitigation measures.

Restoration proposals based on single larger void do not offer

environmental benefits over two smaller voids.

Adverse landscape, biodiversity and habitat impacts resulting from loss of ancient woodland.

Adverse impact of quarrying operations on range of crops that can be

grown at Ardownie Farm.

These matters are all considered in Section 7 below. 7 PLANNING CONSIDERATIONS

7.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 In this case the development plan comprises: -

Dundee and Angus Structure Plan (Approved 2002); Angus Local Plan Review (Adopted 2009) The Development Plan is current and up-to-date and in this respect merits considerable weight in the determination of the proposal. The key development plan policies relevant to consideration of this application are provided in Appendix 1 and listed as follows: - Dundee and Angus Structure Plan Employment Policy 7 Transport Policy 4 Environmental Resources Policies 1, 2, 3, 5, 5A, 7 & 9 Angus Local Plan Review Policies S1, S2, S3, S4, S6, SC19, SC36, ER3, ER4, ER5, ER6, ER7, ER10, ER11, ER16, ER18, ER19 ER24, ER27, ER28, ER30, ER32 & ER39

7.3 In addition to the Development Plan a number of other matters, including government

policy, are also relevant to the consideration of the application and these include: -

National Planning Framework 2 (NPF2);

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Scottish Planning Policy (SPP);

Planning Advice Note 50;

the Environmental Statement and information submitted in respect of this

application by the applicant, consultees and third parties;

Angus Council Mineral and Waste Landfill Audit, June 2001;

Previous planning appeal decision for Ardownie Quarry;

Quarry Waste Management Plan;

Representations submitted in respect of the proposal.

National Planning Framework 2 (NPF2)

7.4 National Planning Framework 2 (NPF2) sets the spatial strategy for Scotland's development to 2030 and identifies key strategic infrastructure needs to ensure that each part of the country can develop to its full potential. With respect to minerals NPF2 confirms that adequate supplies of minerals must be available to the construction industry if Scotland’s infrastructure investment plans are to be realised and housing needs met.

Scottish Planning Policy (SPP) 7.5 The consolidated Scottish Planning Policy (SPP) provides a statement of

Government policy in respect of minerals and confirms that an adequate and steady supply of minerals is essential to support sustainable economic growth. The SPP confirms that in order to ensure that there is adequate continuity of supply to meet demand planning authorities should ensure a landbank of permitted reserves for construction aggregates of a minimum 10 years extraction is available at all times in all market areas.

7.6 In addition to ensuring the required need for minerals is met the SPP also confirms which matters planning authorities should consider when deciding planning applications for extraction. These matters are generally reflected by the policies of the Development Plan and together with other relevant material considerations, are discussed below in relation to relevant environmental information. Prior to considering the likely effects of the development however it is necessary at the outset to consider the need for the development in relation to the requirement for a minimum 10 year landbank of permitted reserves, also as required by Scottish Planning Policy.

Need for Rock 7.7 The Dundee and Angus Structure Plan (DASP) acknowledges the importance of

minerals deposits stating that they are finite natural resources of both national and strategic importance which make a significant contribution to the local economy.

7.8 Environmental Resources Policy 9 of the DASP and Policy ER32 of the ALPR both indicate that proposals for the extraction of hard rock and sand and gravel will only be

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considered where it can be demonstrated that development is required to maintain a 10 year land bank for aggregates or the market requirement cannot be met from existing mineral workings or existing renewable, recycled or secondary sources.

7.9 There are a total of six hard rock quarries in Angus of which four are currently operational. The operational quarries are at Ardownie and Ethiebeaton (Monifieth), Hilton of Guthrie (Friockheim) and Waulkmill (Inverkeillor). Boysack Quarry, (Inverkeillor) and Cunmont Quarry (Newbigging) are currently inactive.

7.10 Angus Council commissioned and published a Mineral and Waste Landfill Audit in June 2001 and the ALPR confirms at paragraph 3.68 that the Mineral and Waste Landfill Audit is a material consideration for development proposals for hard rock extraction in Angus. The Audit identified that the vast majority of aggregate produced in the Dundee and Angus area is used within the area and confirmed that approximately 600,000 tonnes of hard rock was produced to meet demand each year from the four operational quarries. Accordingly, in order to provide a 10-year land bank, permitted reserves of 6 million tonnes were required. Based on the findings of the Audit a sequential approach towards site selection in respect of minerals was agreed in that preference would in the first instance be given to development of existing quarries, then former quarries and finally new quarries (Report 728/01 refers).

7.11 The Minerals Audit identified that at 2001 there were permitted reserves of approximately 7 million tonnes at the six quarries. While this met the 10 year landbank requirement the audit concluded that due to constraints on permitted reserves further consented reserves would be required to maintain the required 600,000 tonnes/ annum production level. The ES confirms that assuming the level of demand has remained constant since 2001 permitted reserves at the end of June 2010 would be in the region of 8.15 million tonnes. Making allowance for further output since June 2010 the overall landbank would now be in the region of 7.4 million tonnes. Accordingly despite permissions that have been granted since 2001 the total landbank has reduced back to approximately the same level as when the 2001 Audit was carried out and when it was considered that additional consented reserves were required. It is noted that some 3 million tonnes of the permitted reserves mentioned above are located at Cunmont and Boysack quarries which are not currently operational.

7.12 The ES considers annual production levels for the individual quarries in relation to annual demand and confirms that production from the four consented operational quarries can only continue to meet demand until 2012. Thereafter production would reduce due to diminished reserves at both Ethiebeaton and Ardownie and consent related production limitations at the remaining quarries. After 2012 even allowing for potential maximum production levels at the currently non-operational quarries being achieved annual production could only meet/ exceed current demand until 2014. As such the submitted information confirms that annual production levels can only meet demand for a further 4 years and in this context additional reserves now require to be permitted to ensure that the annual market demand can continue to be met.

7.13 The rock extracted from Ardownie and Ethiebeaton quarries provides the principal supply of aggregates for the Dundee City and South Angus market area. Both quarries are separated by approximately 15 miles from the quarries in central/eastern Angus. The ES confirms that products provided by the quarries including dry stone

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aggregates and coated stone are generally supplied within a 30 and 45 mile radius respectively. Although all the Angus rock quarries are within an economic supply distance to the principal market areas it is accepted that each serves a principal area where there is benefit in minimising haulage distances. Transportation costs are important in terms of market viability and in this regard Ardownie and Ethiebeaton are ideally located to serve the principal market area as a result of lower transport costs.

7.14 Permitted reserves forming part of the landbank are not consistently spread across the market area and of the other existing quarries in Angus only Cunmont is located in South Angus. Consequently the diminishing reserves at Ardownie and Ethiebeaton are of specific importance in relation to the strategic location of quarries for the market area. It is acknowledged that the reserves at Cunmont are limited and not of a quality which can meet the current market needs supplied by Ardownie and Ethiebeaton including supply of aggregates for road surfacing requirements.

7.15 The Environmental Statement identifies that the material produced at both Ardownie and Ethiebeaton quarries have a high polished stone value (PSV) and are classified as High Specification Aggregates. The material from both quarries is accordingly particularly suitable for use in the construction of skid resistant road surfaces, and as such, is relatively rare. The relative rarity of high specification aggregates can be considered to increase the strategic importance of the reserves at Ardownie and Ethiebeaton and relevant information within the ES supports this view.

7.16 Ardownie and Ethiebeaton quarries are identified in the Minerals Audit as an important source of reserves and the ES confirms that the market requirement could not be met by existing operational quarries within Angus or adjacent Council areas if Ardownie and Ethiebeaton ceased production. The site and the proposals have been subject of Environmental Impact Assessment and this, and responses from consultees, suggest that rock can continue to be extracted in a manner that would have acceptable environmental impacts subject to appropriate mitigation.

7.17 Taking into account all of the above it is accepted that there is a strong case for permitting additional reserves at Ardownie and Ethiebeaton in order to ensure continuity of supply within the principal market area. Existing reserves are currently in the region of 740,000 tonnes at Ardownie and 437,500 tonnes at Ethiebeaton. As such permitted reserves will be exhausted at Ardownie after 2015 and at Ethiebeaton after 2013 on the basis of current extraction rates. The current proposal is for a total of 15.9 million tonnes of rock which would clearly provide for significantly more than a 10 year landbank. However SPP confirms that a minimum 10 year landbank should be available at all times. The current proposal would continue production at existing levels with extraction taking place as part of a phased development to be undertaken over an extended period of 30 years and would accordingly provide for long term continuity of supply. In this regard it is considered that it has been adequately demonstrated that the development is required to maintain a 10 year land bank for aggregates and that the market requirement cannot be met from existing mineral workings or existing renewable, recycled or secondary sources.

Impact on Built and Natural Heritage 7.18 Environmental Resources Policy 1 of the DASP seeks to protect sites designated for

their natural heritage interest and to ensure that proposals that may affect them are properly assessed. Environmental Resources Policy 5A provides for Local Plans to

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establish a policy framework to safeguard and enhance important features of the areas historic environment. It indicates that Local Plans should include policies to protect the site and setting of listed buildings, scheduled ancient monuments, archaeological sites, sensitive areas, conservation areas and historic gardens and designed landscapes.

7.19 The ALPR includes policies that seek to protect sites of built or natural heritage importance. Policy ER32 requires proposals for mineral extraction to demonstrate that the development conforms to a sequential consideration of international, national and locally important planning designations established by Policy ER39.

7.20 There are no sites designated for natural heritage value affected by the proposal. However, in terms of Policy ER39 there are a number of level 1 and 2 designated sites in the wider area. These include the Firth of Tay and Eden Estuary (SPA /SAC) 2km to the south, Barry Links SAC and SSSI 2.1km to the south east and Gagie Marsh SSSI 4.9km to the north west. As well as the sequential consideration of the site in relation to Policy ER39 the development also requires to be considered in accordance with the Habitats Regulations in relation to the potential impact on the Firth of Tay and Eden Estuary SAC/SPA and Barry Links SAC as to whether ‘appropriate assessment’ is required. The proposal is not directly connected with or necessary for site management for nature conservation. However the development is not likely to have a significant effect on the either the SPA or SAC and as such appropriate assessment is not required.

7.21 Part of the site is included on the Ancient Woodland Inventory (AWI) which includes three main categories of woodland all of which are considered to be of value for biodiversity and cultural reasons because of their antiquity:

(i) Ancient Woodland (1a and 2a)

(ii) Long established woodlands of plantation origin (LEPO 1b and 2b)

(iii) Other woodlands (3)

7.22 None of the above categories of inventoried woodland benefits from any specific statutory protection under legislation but Ancient Woodland (1a and 2a) is recognised by SPP to be an important and irreplaceable natural resource. The SPP also recognises that other long established woodlands with high nature conservation value should be protected and enhanced. There is no ancient woodland within the application site. However 4.19ha of woodland within the site is classified as LEPO and as such has habitat value. Long established woodland could be considered as a level 3 site in relation to Policy ER39 where development that would have a significant adverse impact will only be permitted where:

The importance or value of the site or feature to local environmental quality is clearly outweighed by the local economic and social benefits; and

No suitable alternative site is available in level 4.

7.23 The proposed development must be considered to have a significant adverse impact

on the area of long established woodland as it involves felling to enable the extraction of the mineral reserve underneath. However the ES confirms that woodland planting already carried out together with new woodland planting to be undertaken as part of

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restoration proposals will be in excess of the area to be removed. As well as compensatory woodland planting, mitigation is also proposed in the form of a translocation strategy. It is recognised that much of the habitat value of inventoried woodland is contained in the soils in the form of the seedbank and the proposed translocation strategy provides for the direct transfer or storage and relocation of soils from areas of stripped woodland for creation of new woodland. In this way it is intended that the seedbank which is contained in the soil will be retained.

7.24 While the loss of an area of long established woodland which has conservation value is regrettable, it is considered that the level of proposed compensatory planting is acceptable and that the mitigation in the form of a translocation strategy for the woodland could provide for new woodland of conservation value to be established as part of the restoration of the site. It is also relevant to note that SNH has advised that the proposed mitigation and planting are in keeping with local landscape character and will bring about positive benefits in term of landscape enhancement. The importance of the proposed development to the local economy has been considered above in relation to the need for minerals and it is accepted that development of the site is required to maintain a 10 year landbank of strategically important minerals. In this overall context it is considered that the economic benefits from the development outweighs the value of the site to local environmental quality.

7.25 The ES confirms that the site supports some species of local conservation value and provides foraging opportunities for priority conservation species, including bats and birds. The development will lead to the direct loss of habitat, including long established woodland, however the ES proposes appropriate compensatory planting and mitigation including timing of work and restoration of land to reduce overall impact. SNH has been consulted in relation to the potential impacts on designated sites and protected species and has confirmed that the likely issues have been adequately noted and considered in the ES. SNH accordingly does not object to the proposed development. As such the loss of inventoried woodland is not considered to be in conflict with Policy ER39 in this case subject to conditions relating to proposed translocation of soils and restoration. Similarly the proposal is not considered to give rise to any unacceptable impacts in terms of other natural heritage interests.

7.26 In relation to archaeology a desk based assessment and various specific on-site assessments, including excavating evaluation trenches and photographic recording of finds has been undertaken. This was carried out in May 2010 and November 2010 in accordance with a written scheme of investigation. No further work was recommended following the evaluation and the Council Archaeologist confirms that no further work requires to be carried out in relation to the archaeological assessment.

7.27 There are no Scheduled Ancient Monuments (SAMs) or listed buildings within the site and accordingly there is no potential for any direct physical impact on any sites. There are two SAM’s in the vicinity of the site, one of which incorporates a category B listed building, which the ES confirms have potentially significant views and therefore potential for the development to impact on their setting. These are:-

Laws Hill, broch & fort (SAM 2394) Mains of Ardestie, ring ditch and cropmarks (SAM 6934)

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7.28 Laws Hill, broch and fort, which incorporates a B listed Bone House, is located on the

summit of Laws Hill approximately 300m north of the development site boundary. The ES confirms that while there is some tree cover on the hill some views from the monument to the proposed quarry extension will be possible. The ES considers that the existing works at Ardownie Quarry have a moderate adverse impact and that the extension will also have a moderate impact although the impact will be temporary until the restoration phase.

7.29 The scheduled monument at Mains of Ardestie comprises of a ring ditch house and associated remains of prehistoric date which are visible as cropmarks. It lies in arable farmland approximately 1.2 km SE of the development site boundary. The ES considers that there are views possible towards the quarry extension and concludes that there will be a slight to moderate impact but that this will be until the restoration phase.

7.30 Historic Scotland has been consulted in respect of statutory historic environment interests including scheduled monuments and their setting and confirms that any impacts on SAM’s are unlikely to be significant and does not object to the application. Taking into account the information within the ES, the comments of Historic Scotland and assessment of potential impacts undertaken by planning officers it is considered that there will be no significant adverse impact on any scheduled monuments or listed buildings and their setting or on any archaeological sites and the proposal conforms to the sequential approach set out in Policy ER39 of the ALPR. Overall in this case the proposed mineral extraction does not significantly adversely affect any site of built or natural heritage significance or the setting of any such site and will have no significant adverse impact on any protected species. The proposals are compatible with development plan and Scottish Planning Policy and Historic Scotland and Scottish Natural Heritage have confirmed no objection to the application.

Road Network Capacity 7.31 Transport Policy 4 of the DASP requires development proposals to be located in

areas where local road network capacity is available. Policy ER32 of the ALPR requires the roads leading to and from sites for mineral extraction to be capable of accommodating the type and volume of heavy traffic movements generated by the development. The ES confirms that the quarries predominantly provide materials for the Dundee City and South Angus market area (90-95%). The transportation of material by road is the only viable option in this case and the location of the quarries serves to reduce journey frequency and length compared to material produced by quarries further from the main market area.

7.32 Quarry vehicles access Ardownie Quarry via a purpose built junction formed at the time of the A92 upgrading in 2005 and along the B961 to the site entrance. On departing the site, vehicles travelling east return along the access route, whilst vehicles travelling west travel along a private haulage route, taking direct access onto the A92 at the Ethiebeaton Roundabout. The access onto the Ethiebeaton Roundabout was also purpose built at the time of the A92 upgrading. Production at Ardownie is proposed to continue at the existing rate of 210,000 tonnes per annum based on market demand remaining at a similar level and there is no change proposed in respect of hours of operation. Accordingly there will be no change in terms of vehicle movements which average 138 per day Monday to Friday and 70 on a Saturday. A further 30 vehicle movements are created on a daily basis with respect

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to the importation of cement, sand, aggregate and fuel oil. Some 20 car movements are generated daily by people employed on site.

7.33 Quarry vehicles access Ethiebeaton Quarry via the North Grange Roundabout on the A92 (also constructed at the time of the A92 upgrading in 2005) and along North Grange Road and the B961 to the site entrance. Vehicles exiting the site use the same access. Total annual output is proposed to continue at the existing rate of 370,000 tonnes per annum based on market demand remaining at a similar level and there is no change proposed in respect of hours of operation. Accordingly there will be no change in terms of vehicle movements which average 194 per day Monday to Friday and 96 on a Saturday. A further 40 vehicle movements are created on a daily basis with respect to the importation of cement, bitumen, sand, aggregate and fuel oil. Some 38 car movements are generated daily by people employed on site.

7.34 The Head of Roads does not object to the proposal but raised minor concerns during the consultation process regarding damage to road verges on the classified Monifieth – Kingennie Road and previous discharges of surface water from the access to Ethiebeaton Quarry. In response to the above concerns regarding discharge of water onto the road the applicants confirmed that this matter was resolved in 2010 by cleaning out and introducing a new filter drain within the access road verge. In response to concerns over damage to road verges proposals have been submitted for widening the road to the south of the access to Ethiebeaton for a distance of 50 metres. The Head of Roads has confirmed that the road widening proposals are acceptable and address the concerns raised with regard to the damage to verges in the vicinity of the Ethiebeaton access. A condition is attached requiring the road to be widened in accordance with relevant details.

7.35 The Environmental Statement confirms that the A92 and connecting roads between the quarries and the A92 currently operate well within capacity and can continue to satisfactorily accommodate the volume of traffic generated by the quarries throughout the duration of operations. As it is proposed that the annual extraction rate of material from the quarries shall be in accordance with the limitations imposed by existing planning conditions there will be no change in respect of current vehicle movements. The Head of Roads has indicated no objection in respect of the current proposal as there will be no change to current vehicle movements associated with the quarry. Accordingly, I consider that the proposals are compatible with development plan policy in relation to matters of road safety.

Impact on Residential Amenity 7.36 Policy ER32 of the ALPR requires that minerals development will not have a

detrimental impact on the residential amenity or general environment. Policy ER11 Noise Pollution confirms that development generating unacceptable noise levels will not generally be permitted adjacent to noise sensitive land uses. Planning Advice Note 50 and Annexes A to D thereof provide an indication of good practice in relation to controlling the environmental effects of surface mineral workings. The annexes provide specific guidance regarding noise, dust, traffic and blasting and the submitted Environmental Statement also considers the potential impact of the development on nearby properties in relation to all of these matters. Each of these matters is also considered below.

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7.37 In terms of noise the Head of EDECP has indicated that a detailed noise impact

assessment has been carried out which concludes that the noise limit of 55dBA for normal quarry operations and the noise limit of 70dBA for temporary but noisy operations, all as suggested by PAN50 annex A, would be complied with.

7.38 Background noise measurements for additional properties were carried out as requested by the Head of EDECP which showed the background noise level to be lower at the weekend at Ethiebeaton Lodge. Accordingly the Head of EDECP considers that a lower limit of 50dBA should apply on Saturday afternoon and Sunday and this is reflected in proposed conditions. This condition represents an improvement to the amenity of this property as the existing noise limit at Ethiebeaton Lodge is currently 55dBA.

7.39 Similarly an upper limit of 55dBA is allowed by condition at Laws Lodge by the existing permission for Ardownie. Predicted noise levels of up to 55dBA at Laws Lodge will exceed background noise levels by 16dBA and this is more than the 10dBA above background limit that PAN50 annex A suggests might be appropriate. The applicants agents have investigated various options for reducing the noise level received at this property and have predicted that after phase 3 of the development (approximately 8 years) it would be possible to relocate static plant and reduce noise levels by between 3 and 7dBA. Although currently not inhabited the property could be reoccupied as a house and as such the Head of EDECP recommends that a noise limit of 52dBA at Laws lodge and other properties at Laws Farm should be applied from Phase 4 onwards and this is also reflected in proposed conditions. This represents an improvement on the current situation for Laws Lodge.

7.40 Concerns have been raised within letters of representation submitted in response to the current planning application in relation to noise levels and it is considered appropriate to attach a condition which requires the submission of a noise management plan. The noise management plan would facilitate the reduction of noise wherever desirable/ feasible and provide for a complaints procedure with monitoring of noise where justified.

7.41 In relation to traffic all noise associated with traffic operating within the quarry and around the processing and stocking area was included as part of predicted worst case noise levels submitted by the applicant and as confirmed above these are all within recommended noise limits. Operations are proposed to continue at existing levels and as such there will be no increase in vehicle movements and no additional impact from vehicle movements associated with the proposal.

7.42 Overall the Head of EDECP has confirmed predicted noise levels at all adjacent properties are considered to be within recognised limits in accordance with PAN50 Annex A guidance. Conditions setting noise limits at all adjacent properties are proposed and on this basis the Head of EDECP has offered no objection to the application in relation to noise issues.

7.43 In relation to air quality the Head of EDECP has indicated that the applicant has carried out appropriate and comprehensive impact assessments for emissions in terms of national air quality limits for PM10 particulates and the potential for dust nuisance to arise. PM10 particulates are fine airborne dust particles (10 microns and less in diameter) which are referred to in assessment of health impacts and specifically the effects on inhalation and respiration. The assessments conclude that

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breaches of the national air quality limits for PM10 or dust nuisance are unlikely subject to effective mitigation being employed.

7.44 Ardownie and Ethiebeaton quarries are both governed by Pollution Prevention and Control (PPC) permits issued by SEPA, the principal purpose of which is to control dust from quarry processes. SEPA has advised that the sites are inspected once or twice a year and no major issues have been identified at either site in the past 3 years. Similarly during the last 5 years only one complaint regarding dust has been received by SEPA and none by Angus Council.

7.45 The Head of EDECP has confirmed that taking into consideration the recent inspection and complaint history it would appear that dust has not been a significant issue at either existing quarry. It is recognised however that this is contradicted by information included within letters of representation submitted in response to the current planning application which state that large quantities of airborne dust is generated by traffic and crushing activities at the quarries and affects residential amenity and the range of crops that can be grown at Ardownie Farm.

7.46 Notwithstanding the recent inspection and complaint history it is considered that there is the potential for emission of high levels of both PM10 and nuisance dust from the proposed development and that the level of emissions will depend heavily upon the day to day management of the site and the effectiveness of the mitigation measures employed. In view of the residential properties in close proximity to the proposed development and the concerns raised in this regard it is considered that it is appropriate to control the impact the development has on local air quality, both in terms of PM10 and nuisance dust levels. Planning conditions are accordingly proposed to ensure that appropriate monitoring is undertaken and that a dust management scheme including a complaints procedure is agreed.

7.47 The ES has included assessment of ground vibration levels and predicted these at the nearest sensitive receptors using data from a test blast and previous blasting records. Predicted vibration levels are all within the limits specified by PAN50 Annex D “the control of blasting at surface mineral workings”. The ES also considers the cause, effect and control of air over pressure which is defined as the noise (both audible and inaudible) which results from an individual blast. PAN50 Annex D advises against setting limits for air over pressure because of difficulties in accurately predicting levels due to the effect of complex atmosphere conditions. While typical levels may be loud and can cause windows or crockery to rattle they are safe.

7.48 Concern about vibration levels at Ethiebeaton Farmhouse has been raised in letters of representation along with doubts about historical vibration results complying with limits in the existing planning permissions. The condition on the existing permission for Ardownie states that ground vibration as a result of individual blasts should not exceed 12mms-1 and that average levels should not exceed 10mms-1, and usually will not be below 6mms-1 in 95% of all blasts.

7.49 The Head of EDECP has confirmed that the wording of the existing condition in respect of blast vibration levels is not in line with the objective of PAN50 Annex D to reduce vibration levels to a minimum and would actually encourage higher levels of vibration (i.e. be above 6mms-1 in 95% of all blasts). Ground vibration measurement records submitted by the applicants have been reviewed by Head of EDECP and he has confirmed that all measurements have been within both the maximum limit and the limit applied to 95% of blasts in accordance with the existing planning conditions.

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7.50 The applicants have proposed reduced blasting ground vibration limits which are

derived from PAN50 Annex D and are acceptable to the Head of EDECP. A condition is accordingly proposed which represents an improvement for residential amenity as it lowers the limit to 6mm/s for 95% of all events compared to the existing average level of 10mm/s. Conditions also require a ground vibration monitoring scheme to be submitted and agreed. The Head of EDECP therefore considers that although blasting effects will be noticeable by sensitive receptors, given the very short duration of any impact, the infrequent occurrence and the use of suitable mitigation measures any impacts from blasting can be reduced to acceptable levels.

7.51 The operator has proposed that blasting operations should be restricted to between 1000 hours and 1600 hours Monday to Friday and 1000 to 1200 hours on Saturdays. This is an improvement in one respect as the existing blasting hours allow blasting at both quarries until 1700 hours Monday to Friday. However Ethiebeaton is currently not permitted to blast on a Saturday and the proposed blasting hours would represent an extension of hours in this respect. Considering the sensitivity of adjoining land uses, including Ethiebeaton Park, it is considered appropriate to prohibit blasting on a Saturday and during lunchtimes. Proposed conditions therefore restrict blasting during these times, prohibit simultaneous blasting at both Ethiebeaton and Ardownie and require a warning procedure for specified occupiers to ensure they are advised when individual blasts are planned. Blasting induced air over pressure is assessed within the ES however this does not cover all of the matters referred to in PAN50 Annex D. It is therefore also considered appropriate to include a condition in this regard which also represents an improvement in operations as this is not covered by any of the existing planning conditions.

7.52 Concern has been raised by nearby residents in relation to the potential impact of operations associated with the development on residential amenity of the area, particularly at Ethiebeaton Farmhouse. While the Head of EDECP has confirmed that mitigation proposed by the applicant is acceptable I consider that the use of revised and additional conditions and an enhanced monitoring regime in respect of these matters is justified to ensure the residential amenity is adequately protected. I also consider that it is desirable to ensure effective monitoring of the operation of the site to ensure that the permission and all relevant conditions are complied with. There are implications associated with the monitoring of such a site for the Council which arise from the type of development, the nature of information which conditions require be submitted on an ongoing basis during the lifetime of the operation, and the need to undertake regular site visits for monitoring purposes. It is accordingly considered appropriate to attach a condition which requires the applicants to submit an annual statement of works undertaken and projected operations and restoration during the forthcoming 12 month period. This would include an audit of restoration works and condition compliance. The applicants have indicated their agreement to the use of such a condition and I consider that this demonstrates a commitment to ensure that the site operates fully in accordance with relevant conditions forming part of the permission. The applicants have also stated a willingness to establish a liaison committee as a means of transmitting information and addressing legitimate local concerns. I consider that this would be beneficial and accordingly this is included as a condition of the planning permission. This process will supplement routine monitoring or investigation of complaints that may be undertaken by the Planning Authority.

7.53 While the development will inevitably continue to have implications for the amenity of the locality, the Environmental Statement and the consultation responses confirm that

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the operations can continue at this location in a manner that is compatible with the guidance and limits provided by PAN50. Given the above, and subject to the proposed conditions attached to this report, I conclude that the proposal is compatible with relevant development plan and Scottish Planning Policy in so much as it will not significantly adversely affect the residential amenity of the area.

Landscape / Visual Impact 7.54 Environmental Resources Policy 2 of the DASP confirms that the Tayside Landscape

Character Assessment (TLCA) 1999 will constitute a material consideration in the determination of planning applications. It indicates that developments must respect main features and characteristics of the natural heritage and should contribute towards a number of aims including landscape restoration or improvement and biodiversity conservation and enhancement.

7.55 Policy ER5 indicates that development proposals should take account of the guidance provided by the TLCA and relevant criteria including the ability of sites to absorb development to ensure that it fits into the landscape and that any required landscape mitigation measures are in character with or enhance the existing landscape setting. SPP confirms that landscape and visual impact is a material consideration in the determination of planning applications for mineral working.

7.56 The application site is not located within a designated landscape area and the main issue is whether the development can be accommodated in the existing landscape and whether associated visual impacts are acceptable. The TLCA identifies that the application site falls within the “Dipslope Farmland” landscape type, defined as gently sloping land which is typically open with patches of woodland and whose major land use is agriculture.

7.57 The existing quarries are currently largely screened by existing topography although there are significant views into Ethiebeaton Quarry from Ethiebeaton Park directly to the south and from the east in the area around North Grange Farm. Plant including a large conveyor and the Asphalt Plant at Ethiebeaton are also visible from the south and east. The land to the north of Ardownie slopes upwards to Laws Hill and there are currently open views into Ardownie Quarry from the north. As such the quarries and the plant associated with their operation are established features which affect the character of the landscape in the surrounding area. While the main quarry voids will continue to be largely screened during the course of the proposed operations the development will result in some significant changes to the landform of the site. Principally this will include excavation of the field to the south of Ardownie Quarry, alteration to Gallow Hill on the skyline north of Ethiebeaton, and ultimately the removal of the central ridge between the two quarries to form a single void.

7.58 Although some of the changes to the landform of the area will be significant these will be carefully managed as part of the overall design of the quarry and will be carried out over a number of phases of development which will take approximately 30 years to complete. The information submitted as part of the ES suggests that the changes to the landform which will be achieved on completion of works and will allow for a restoration scheme to be carried out with final restoration profiles which will be significantly better than could be achieved by implementing two restoration schemes for two separate quarry voids. Landscape and visual impacts associated with the

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most significant changes are discussed below whilst the restoration proposals are discussed later in this report.

Ardownie South Field

7.59 The working of the south field at Ardownie commences at phase 2 of the development (after 3 years) and involves soil stripping on the north-western part of the field with excavation progressing to the south west at two levels (62m and 75m AOD). The stripped soils from this area will be used to form a 4m high temporary screening mound on the south-eastern boundary of the excavation. The screening mound will be located between the mature woodland on the ridgeline to the north and the more recent tree planting to the south and west and will be grassed and graded sufficiently to reduce its visual impact. This is intended to augment the screening provided by the existing tree belts and to reduce visual impact of the works from the south.

7.60 The upper part of the new face to the north east will not be completely excavated until phase 7 and will be visible from the south east for approximately 14 years from the end of phase 2. In order to minimise the potential visual impact from the south-east over this period it is proposed to hydromulch the upper face at the end of Phase 2. This is a process whereby rock faces are coated by spaying a thin mulch mixture containing seeds and slow release fertilizers together with a binding agent so that the coating adheres to rock faces. The process will enable vegetation to be established on the rock and will reduce the impact of the part of the upper rock face which will be visible from the south.

7.61 It is subsequently proposed to remove the bund during phase 3, approximately 5-8 years into the development, when the intervening trees to the south and west which were planted in 1995 and 2008 will have grown sufficiently to screen the face without the requirement for the screening bund. At phase 3 the hydro-seeding which was carried out during Phase 2 shall be fully established and also filter views of the visible part of the upper face. Removal of the bund will enable the excavation in the field to be developed to the south-east at 62m and 75m AOD.

7.62 Views towards this area of the site including the upper part of the north east face which will be visible between Phase 2 and Phase 7 of the development will be obtained when traveling north on Victoria Street exiting Monifieth. At Phase 7 it is proposed to gradually reduce the level of the ridge between the quarries to form a single void and the north east face would be completely removed at that time. It is considered that the combination of screening methods proposed together with the phasing of the works to enable sufficient tree growth to occur will adequately mitigate the landscape and visual impacts in relation to the development of the south field at Ardownie.

Gallow Hill 7.63 Gallow Hill, along with Laws Hill to the east, is one of the most prominent features in

the local landscape. Accordingly the impact of the proposed development on Gallow Hill is recognised in the ES to represent the greatest landform impact resulting from the development with the impact assessed as major. The existing quarrying operations at Ethiebeaton have worked the southern slopes of Gallow Hill with two rockhead benches up to 80m currently forming the north face of the quarry. During phases 1 and 2 (5 years) it is proposed to develop further rockhead benches on the

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north east and south west flanks of Gallow Hill. The excavations shall continue to be well screened with no alterations to the skyline during these phases.

7.64 During phase 3 the height of Gallow Hill will effectively be reduced from 105m to 90m. Extensive tree felling will take place on the hill and will result in a significant change to landcover while the reduction in the height of the hill, which will take place over a total of three years, will also have major impact on the existing landform. The mature woodland on the north aspect of the Hill will be retained and become visible on the skyline when viewed from the south and the retention of this mature woodland will provide mitigation in retaining a similar character of view from the south as a wooded skyline. The works to reduce the height of the hill will be screened from the north and the retained woodland will ensure that there will be no change in the character of the view from the north. During phase 3 the works would be prominent in views from the south at Ethiebeaton Park, and the visual impact will be most obvious when trees between Dobbie’s Garden Centre and the quarry, which partially screen views, are not in leaf. There are existing views into the quarry area from Ethiebeaton Park and in particular from the upper level of Dobbie’s Garden Centre, which has been selected in the ES as representative of worst case views which could be obtained. Although the works to the hill will be prominent at certain times of the year the character of the view will not be significantly changed and the progressive restoration of the northern faces will reduce impact as restoration progresses in phases 4 and 5.

7.65 During phase 4 (4 years) the excavation will advance to its limit in the north-east and progressive restoration will commence with upper faces above the 80m bench regraded and revegetated. During phase 5 (4 years) excavation will advance north east and the progressive restoration of the northern faces will continue with regrading and revegetation down to the 52m level. The regrading of the north faces has been designed to create a similar profile of slope on the south side of Gallow Hill as currently exists on the northern aspect of the Hill and will create a more natural landform as part of the final restoration profiles. Use of translocated soils from the woodland removed from Gallow Hill during the progressive restoration of these slopes will enable a new woodland of some conservation value to be established and is also considered to provide mitigation of loss of the original woodland.

7.66 The existing landform of Gallow Hill appears as a ridgeline with mature trees which runs across the view from the south. Following completion of works to reduce the height of the Hill the altered landform will effectively continue to appear as a ridgeline running along the view (from the south) and the character of the view will be retained although at a reduced height. As such it is considered that the landscape and visual impacts associated with the removal of woodland and the reduction in height of Gallow Hill are acceptable.

Central Ridge between Quarries 7.67 Between the existing quarry operations is a strip of higher ground which is in effect a

ridge which has been artificially created by quarrying operations. As an existing high point in the area the ridge is an important feature and its removal will significantly alter the landform of the excavation area and views into the site. The ridgeline between the quarries currently provides screening of the north faces of Ethiebeaton from the south east and accordingly its removal will open up views from the south east to the northern faces of Ethiebeaton.

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7.68 The overall phasing and quarry design recognises the importance of the screening

which the ridgeline currently provides by retaining this feature for as long as possible to enable the progressive restoration of the northern faces of Ethiebeaton to be completed prior to its removal. It is not proposed to start to remove the ridgeline until Phase 6 approximately 19 years into the development and the removal of the ridge will be a gradual process over an extended period of time. The gradual removal of the ridgeline has accordingly been designed to carefully manage and minimise impacts and it is initially proposed to start to excavate the central area between the two quarries to reduce the width of the ridgeline while partially retaining a woodland belt on the ridge to the south-east shall which shall continue to screen operations from the south. Beyond the retained ridge a 75m bench shall be formed to the north of the ridge which will be gradually reduced in height during phase 7 to intermediate levels concurrent with the removal of the final strip of trees and ridge landform. The gradual removal of the remainder of the ridge over the duration of phase 7 will be timed so that the ridge will continue to provide screening until the 75m bench is reduced in level and will no longer be visible when the final screening strip is removed.

7.69 The removal of the ridge will alter the skyline however it is relevant to note that the final removal of the ridgeline will not take place until approximately 28 years of working when the trees to the south will be reaching maturity. The gradual removal of the ridge during phases 6 and 7 over a total period of 11 years together with the management of the trees on the ridge during this period will have the effect of reducing the perception of the overall impact of the removal of the ridge. Once removed, views from the south will be opened up to the restored southern slopes of Gallow Hill, which shall have been replanted with woodland, and to the retained woodland on the high points on the Hill. Accordingly it is considered that the overall character of the view from the south will remain unaltered.

7.70 The Environmental Statement concludes that the operation of the proposed quarry will cause temporary adverse impacts on the landscape however the impacts vary dependent on the phase of development taking place. The development will give rise to additional visual impacts, including at or from nearby residential properties. However, neighbouring residential properties have been visited by officers in the consideration of the application and, having regard to the extent of existing quarry activities and the nature of the area it is not considered that any additional visual impact arising from the development would merit refusal of this application. The proposal seeks to minimise impacts by the use of compensatory planting and mitigation in the form of screening bunds and translocation of woodland soils and by the phased nature of operation and progressive restoration. SNH has indicated no objection to the proposals and while there will be adverse impacts during operation I consider that these are mitigated by the proposed method of working.

Restoration Proposals 7.71 Policy ER32 of the ALPR indicates proposals for mineral extraction will only be

permitted where it can be demonstrated that that proposals for land restoration, aftercare and after use are satisfactory including where necessary the provision of a bond to cover the cost of an agreed scheme for the restoration, aftercare and after-use of the site. SPP emphasises the need to achieve a high standard of restoration and aftercare, and provide for after-uses which result in environmental improvement when mineral working has ceased. PAN64 provides an indication of best practice in

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relation to the reclamation of surface mineral workings. It identifies that it is a key aim of government policy to ensure that land worked for minerals is reclaimed as soon as possible after working has ceased. Guidance is provided in terms of assessing reclamation proposals, potential after uses, reclamation process, consultation procedures, planning conditions, restoration and aftercare schemes and planning agreements.

7.72 In this case the topography has already been altered significantly by existing quarrying operations and it will not be possible to return the landform to its pre-existing state. However the restoration proposals will integrate the restored landform within the surrounding landscape and ensure appropriate habitat creation as early as possible.

7.73 An indicative restoration plan has been submitted in support of the proposal which indicates regraded slopes will be restored to a predominantly woodland habitat while the restored quarry floor will support a number of habitats. Use of translocation techniques will maximise the retention of soil structure and the biodiversity within the soil and new woodland created will comprise of native species. Water bodies will be formed within the lower levels of Ardownie Quarry and the eastern part of Ethiebeaton Quarry which will be separated by an access track to allow continued access to the agricultural land to the north. The edge of the water body in Ethiebeaton will be designed and landscaped to create two inlets to enable the establishment of reed beds and other marginal vegetation. Areas of bare ground on the quarry floor and patches of marshy grassland will provide additional habitat diversity. Two elements of woodland planting are also proposed for the quarry floor and these will merge with previous restoration works on the quarry slopes. The remainder of the quarry floor will be restored to grassland.

7.74 With the exception of the asphalt plant at Ethiebeaton all buildings, plant, car parking areas and hardstandings forming part of both quarries infrastructure and processing and stocking areas shall be removed prior to the land being reinstated to grassland. Similarly all settlement ponds shall be drained and infilled and reinstated to grassland. The asphalt plant (which benefits from a separate planning permission) would continue to operate at the cessation of mineral extraction operations with a landscaped mound formed around the eastern boundary of the plant and tree planting to provide additional screening.

7.75 It is relevant to consider whether the restoration proposals for the current development offer any benefits over the restoration that could be achieved for the existing quarries. Individual elements of the current proposal result in significant landscape effects including the removal of a prominent (artificial) ridgeline, reducing the height and area of Gallow Hill and the loss of inventoried long established woodland. However it is considered that the change in landform which will result from the proposed development will create a better long term landscape fit at restoration. Rather than having two voids the current proposal would result in the creation of an undulating valley landform between high points at Gallow Hill and Laws Hill to the north and retained land between the quarries and the A92 to the south. This is considered to be a landform which will appear more natural and achieve better integration with the surroundings than retaining two separate large artificial quarry voids.

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7.76 Extensive tree planting is proposed which will result in an additional 10ha of

woodland overall. The new planting will establish a suitable woodland habitat adjacent to retained woodland incorporating the original woodland soils which in the long term will mitigate the loss of existing woodland on the site. Scottish Natural Heritage has confirmed that the long term restoration proposals are sound and that the proposed mitigation and planting are in keeping with local landscape character. The proposal will result in improvements in terms of habitat diversity and overall it is considered that the current restoration proposals would lead to residual benefits in terms of landscape character despite the adverse impacts identified in relation to specific landscape elements. A planning condition is proposed which will require a bond or other financial guarantee to ensure restoration of the quarries in accordance with the indicative details and I consider that the proposal is compatible with development plan and national planning guidance and advice in so far as it relates to restoration.

Hydrological and Hydrogeological Assessment

7.77 Policy ER32 of the ALPR requires that proposals for mineral extraction do not adversely affect watercourses, lochs or groundwater resources. Section 7 of the ES describes the existing hydrological and hydrogeological conditions at the site and identifies and assesses the potential impacts that may be caused by the proposed development and sets out proposed mitigation measures.

7.78 The ES confirms that both of the current quarry sites hold discharge consents for the discharge of surface water into the Monifieth Burn and that excess water created during a storm event shall be contained and managed within the site and then discharged at permitted rates. It states that the quarry voids effectively attenuate the rate of flow of excess water to the benefit of downstream property in extreme storm events and that the quarry void at Ethiebeaton also acts as a holding pond for excess water. The ES confirms that the Ethiebeaton quarry void at its maximum extent will be in the order of 9 hectares in size and be able to hold an average depth of 0.5m of water (approximately 104,250 cubic metres) which it is stated would more than suffice in temporarily holding excess volumes.

7.79 The Head of Roads has confirmed that in view of the method of calculation used and uncertainty over the peak winter water table in the quarries a condition should be used to ensure that information to confirm the maximum storage capacity of the quarries be submitted prior to commencement of any development in respect of phases 4 and 6 at Ethiebeaton and Phase 3 at Ardownie. It is noted that should the submitted information confirm that additional flood storage is required at these phases of development this may necessitate lowering of the quarry floor to create the additional capacity required. In the event that this is required it is considered that the proposed phasing of the development could be amended accordingly with no adverse impact on the overall quarry design / phasing and mitigation of landscape and visual impacts which are proposed. Relevant conditions are accordingly attached in this regard.

7.80 In order for the quarry void to be cleared of the excess water as quickly as possible during a storm event a collection sump is proposed within the south-western corner of the void from which excess water will be pumped to the settlement ponds. It is also proposed to increase the rate of discharge from the site from 4 to 50 litres per second following an extreme storm event to empty the settlement and containment ponds

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which would be used to store/hold back flood water during flood events. The ES concluded that the proposed development would not increase the potential for flooding at any vulnerable receptors as the development would actually decrease the flows within the Monifieth Burn, even with the proposed increase in potential discharge rate. SEPA confirmed that an alteration to the existing Controlled Activities (Scotland) Regulations (CAR) licence would be required in this regard however they had no objection to the proposed development on the basis of flood risk including the proposed level of increase to the rate of discharge.

7.81 Additional information in respect of controlling runoff from the development site was requested by the Head of Roads. The applicant submitted information which estimated the capacity at various pinch points where flooding could be an issue including potentially vulnerable structures (bridges and culverts) downstream of the discharge locations that may be at risk from increased flows within the Monifieth Burn. At one existing culvert, due to the small capacity, the applicant proposed to put a level monitor instrument in place to ensure that when the capacity of the culvert is nearly reached when the increased 50l/s is being discharged an alarm will be triggered and the discharge will be decreased to 4l/s. In this regard SEPA reaffirmed that they had no objection to the application in respect of flood risk, including the increased rate of discharge, but confirmed that they considered the installation of such equipment to be a sensible mitigation measure.

7.82 SEPA also noted that limited information had been provided regarding the proposed flow control, such as the procedure on turning off/reducing the discharge, and a condition requiring full details of this proposed form of mitigation has also been requested by the Head of Roads. As such a condition requiring full details in respect of the flow control measures is proposed.

7.83 Concern has been raised in a letter of representation regarding the impact of the development on drainage and specifically the potential impact on flows into the culvert which runs across Ardownie Quarry and discharges into the Monifieth Burn. The Head of Roads has been consulted in this regard and has noted that at phase 8 of the development excavations will develop to lower levels than the present culvert. It is proposed to replace the culvert with a pipe which shall lie on the proposed access causeway so that the flow through the quarry void and into the culvert at Ardownie Farm shall continue. In order to overcome concerns over potential for long-term build up of water levels in Ardownie Quarry the Head of Roads recommends a condition is attached requiring details of the proposed pipe and the maintenance arrangements. Overall it is considered that subject to relevant condition the proposals will have no adverse impact on surface water, watercourses or groundwater resources.

Loss of agricultural land 7.84 The Macaulay Land Use Research Institute identifies that prime agricultural land

constitutes Classes 1, 2 and 3.1. The agricultural land forming part of the application site is predominantly classified as Class 4 with soil and gradient limitations and therefore does not constitute prime agricultural land. As such the agricultural land within the site does not merit any protection from the development plan or Scottish Planning Policy.

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7.85 Policy ER30 of the ALPR confirms that proposals for development which have an

adverse impact on the viability of farm units will only normally be permitted where the land is allocated by the local plan or is essential to implementation of the Local Plan Strategy. The loss of limited areas of agricultural land is not considered to impact the viability of any farm unit and it is also noted that the proposal includes maintenance of access across the site to the fields forming part of Ardownie Farm to the north of the site protecting the viability of that farm unit. Concerns have been raised in a letter of representation that the effects of dust impact on the type of crops that can be grown on the fields to the north east of the site and I recognise that this can be an issue in relation to any agricultural land that abuts an operational quarry. However the applicants have confirmed that the quarry has operated alongside the farm for 38 years and as stated above the Head of EDECP does not object to the proposal in relation to dust subject to the attached conditions which seek to mitigate dust impacts. Dust emissions from the site are also controlled by SEPA. I have also taken cognisance of the fact that these are existing and long established quarries and the worst dust emissions can be controlled by appropriate mitigation. The farm unit has continued to operate alongside the quarries for a significant number of years and there is no evidence to suggest that it will not continue to do so over coming years. The quarries are an important source of mineral for the Dundee and South Angus area and in this respect make a significant contribution to the local economy. A balance must be struck between the operation of the quarries and their impact on farming activities and in this case I do not consider that the impact is unacceptable or at such a level that justifies refusal of this application, subject to the mitigation proposed.

Economic/employment implications of the development 7.86 Employment Policy 7 of the DASP offers support for economic or employment related

development in rural areas where they do not adversely affect local environmental quality and take cognisance of relevant criteria. The applicants existing quarries provide direct employment for a number of persons and the availability of reserves in south Angus will support the construction industry in the wider market area. Mineral reserves at both quarries are now depleted and the applicants have indicated that this development would allow the continuation of employment from the sites. It is considered that the proposal is compatible with development plan policy in so much as it will secure employment opportunities within Angus and continue to provide an important supply of construction aggregates within the wider market area.

Previous planning appeal decision for Ardownie Quarry 7.87 In August 2001 Angus Council refused planning permission for the extension of

quarrying operations and infilling of void with imported waste at Ardownie Quarry, Monifieth (Report 858/01 refers). The site subject of that application was the south field at Ardownie which also forms part of the current application. The applicant lodged an appeal in respect of that decision and the matter was considered at a Public Local Inquiry during September 2002. In dismissing the appeal the Reporter confirmed that the main issues were the need for rock; the need for void space and visual impact. The current application does not propose any increase in inert waste void space and is not relevant to consideration of this application. It is appropriate however to consider what the main differences are in respect of the other relevant issues and the current proposal.

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7.88 Firstly in terms of need, at the time of the previous application Ardownie had over 12

years of reserves left and the Reporter acknowledged that this was a significant part of the overall landbank of approximately 8.9m tonnes. It was concluded at that time that the permitted reserves were sufficient in the market area. The reserves at Ardownie have diminished over the last 9 years and there is approximately only 3-4 years reserve remaining (and less at Ethiebeaton). The Reporter acknowledged that it was not possible to 'top-up' the land bank with annual instalments of 600,000 tonnes and larger additions to the landbank would be required in the future to maintain a 10 year rolling supply. It is agreed that there is now a need to augment the landbank to ensure a rolling 10 year supply within the market area.

7.89 Secondly with regard to the visual and landscape impacts of the development it is relevant to note that SNH had objected to the refused application. This objection included concern over the adequacy of trees which had been planted to the south east and south west of the site as mitigation. The Reporter identified that the main issue in terms landscape and visual impact was the view facing northbound receptors leaving Monifieth from Victoria Street. He concluded that the change in this view could not be mitigated without additional advance tree planting and a longer delay to ensure the trees were of sufficient size before development starting. Since the appeal decision in 2002 the existing tree planting has had a further 9 years to mature and has been supplemented by additional planting. The proposed phasing of the current development includes no work in this area until 3 years after the development starts and together with additional mitigation is considered to overcome the concerns which were raised in response to the previously refused application. SNH has made no objection to the current application and has confirmed that proposed mitigation and planting are in keeping with local landscape character and that the restoration will bring about positive benefits in term of landscape enhancement. It is accordingly considered that the main reasons for refusal of the previous application and the subsequent dismissal on appeal have been overcome by the current proposal.

Waste Management Plan 7.90 The Management of Extractive Waste (Scotland) Regulations 2010 came into effect

on 1 April 2010 and transpose the EC Mining Waste Directive which sets out requirements for management of material such as overburden, rock and process wastes from mines and quarries. The regulations make planning authorities determining mineral planning applications, the Competent Authority for issuing permits as envisaged in the Mining Waste Directive. In effect a properly determined mineral planning permission will serve as a permit under the Mining Waste Directive.

7.91 Regulation 10 of the Regulations requires that applications for planning permission for developments comprising extractive waste are to be accompanied by a Waste Management Plan (WMP) and a WMP has been submitted with the current planning application as part of the ES. The Regulations prescribe different categories (or classes) of waste areas based principally on potential risks that are posed to the environment or human health. They require different measures to comply with the Regulations reflecting the relative risks that are presented by the different categories of waste area. In terms of the categorisation, there is a clear requirement on the applicant (or operator) to supply sufficient information to enable the planning authority to make that categorisation. In determining the category consideration must be given to the hazards (to environment and to human health) that would arise through the management of extractive wastes at the site.

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7.92 Soils stripped from the site to be used in restoration on site are excluded from the

Regulations and confirmation has previously been provided to the applicants’ agent that a waiver is agreed in respect of these materials. In respect of processing residues the WMP confirms that quarry fines (<6mm) produced in processing operations are used for production of asphalt and concrete on site. It is also proposed to use quarry fines as a substrate on part of the quarry floor during restoration and these will be stored in a defined area from phase 6 onwards. As the material will be stored for up to 3 years it falls to be considered as extractive waste. The WMP confirms that no washing plant is employed and there are no process residues contained in lagoons and ponds.

7.93 Surface water run-off from the site also requires to be collected and treated by settling prior to discharge from the quarries at consented flow rates and quality in accordance with a CAR Licence from SEPA. Fine material collected in the settlement ponds will be removed from time to time as part of the maintenance of the surface water management system. The silts collected from the ponds will be stored at defined locations in both quarry voids, to be used as soil forming materials in the restoration process. As silts may be stored for up to 3 years before re-use, these are also considered as extractive waste.

7.94 The overburden which overlies the rock deposit is classified as inert waste as are the quarry fines arising from processing of the mineral which are to be stored for restoration together with the silts from the maintenance of the water management system ponds. The WMP identifies the areas within the void where it is proposed to store the materials classified as extractive waste and identifies these as extractive waste areas within the WMP.

7.95 A review of the submitted Waste Management Plan has been undertaken as part of the consideration of the application to determine whether the WMP meets the objectives of Schedule 1 of the Regulations. SEPA and HSE have also been consulted. SEPA has confirmed that the proposal commits the applicants to according with good practice with regards pollutant storage and working practises on site to minimise the risk of pollution to the water environment from the development and as such is in accordance with the scope of the Regulations. The HSE has also been consulted and has made no comment in respect of the proposed development, including the WMP. It is considered that the submitted WMP meets the requirements of Schedule 1 of the Regulations and is acceptable.

Summary

7.96 Any proposal for mineral extraction will have environmental implications and will have some impact on the amenity of the surrounding area. However, minerals can only be worked where they are found and the key considerations are compatibility with development plan policy, the significance of environmental impacts and other relevant material considerations.

7.97 In this case there is a need for additional hard rock reserves in order to meet market requirements and to maintain the required 10-year land bank. The proposal represents the continuation of existing operations at Ardownie and Ethiebeaton at established levels. The quarries are well located for the south Angus market area and will secure the continued employment of the existing employees. The Head of EDECP has confirmed that the proposals comply with relevant guidance provided in PAN50 and therefore will not have a significant impact on the residential amenity of

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the area. Conditions are attached to safeguard the amenity of nearby residential properties and some of these conditions improve on the conditions which control how the existing quarries operate. The Head of Roads is satisfied that the local road network can continue to safely accommodate development traffic. Historic Scotland and Scottish Natural Heritage are satisfied that the proposals do not adversely affect any designated sites of nature conservation or built heritage interest and I am satisfied that they do not give rise to any other significant environmental impacts. Landscape impacts arising from quarry operations will be apparent and visual impacts from a number of locations will be significant. However these impacts will be mitigated by extensive new woodland planting, screening mounds, and the proposed long term phased method of working. The proposals provide for progressive restoration and the whole site will ultimately be restored to a form which will integrate well with the surrounding landscape and provide landscape and habitat benefits. The proposal will not involve the permanent loss of any prime agricultural land.

7.98 Overall the proposals comply with development plan policy. Like any quarry development the proposals will give rise to environmental impacts. However the submitted Environmental Statement indicates that, subject to appropriate mitigation and planning conditions, the development should not give rise to unacceptable environmental impacts. There are no material considerations that justify refusal of the application.

8 HUMAN RIGHTS IMPLICATIONS

8.1 The recommendation in this Report for grant of full planning permission subject to conditions, has potential implications for neighbours in terms of alleged interference with privacy, home or family life (Article 8) and peaceful enjoyment of their possessions (First Protocol, Article 1). For the reasons referred to elsewhere in this Report justifying this recommendation in planning terms, it is considered that any actual or apprehended infringement of such Convention Rights is justified. The recommended conditions constitute a justified and proportionate control of the use of the property in accordance with the general interest and have regard to the necessary balance of the applicant’s freedom to enjoy his property against the public interest an the freedom of others to enjoy neighbouring property/home life/privacy without undue interference.

9 EQUALITIES IMPLICATIONS

9.1 The issues contained in this report fall within an approved category that has been confirmed as exempt from an equalities perspective.

10 CONCLUSION 10.1 It is recommended that the application be approved for the reasons and subject to

the conditions as detailed below:-

Reasons for Approval:

The environmental impact of the proposals as reported in the Environmental Statement and as identified by consultees are considered to be acceptable.

The proposals are compatible with development plan policy.

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The hard rock from the quarries is required in order to meet market requirements and maintain a 10 year supply of minerals as required by development plan and national planning policy guidance.

The proposals will ensure delivery of acceptable restoration including an

improvement in the biodiversity value of the area.

The proposal will safeguard employment and support the construction industry.

Conditions:

1. That the development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with the requirements of the Town and Country Planning (Scotland) Act 1997 (as amended).

2. That all extraction of mineral shall cease not more than 30 years from the date of

commencement of quarrying operations approved by this permission or such other period as may be approved in writing with the planning authority. Thereafter all plant and buildings to which the permission relates shall be removed and the site shall be fully restored within 1 year from the date extraction has ceased. For the avoidance of doubt the development shall be deemed to have ceased if no mineral extraction takes place for a continuous period of more than 3 years. Reason: To reflect the nature of development contained in the planning application and considered in the Environmental Statement.

3. That except as otherwise provided for and amended by the terms of this

approval, the developer shall construct and operate the development in accordance with the provisions of the application, the Environmental Statement dated October 2010 and approved plans. The total volume of mineral to be extracted shall not exceed 15.9 million tonnes. Reason: To ensure that the development is undertaken in accordance with the approved plans and the Environmental Statement.

4. That unless as may otherwise be agreed in writing by the Planning Authority,

from the commencement of quarrying and thereafter for the duration of this permission, the quarry shall be worked in accordance with the approved Monifieth Quarry Development Plans Phases 1-8 (Figures 3.1 - 3.8 of the Planning and Environmental Statement) and the working programme and figures specified in the approved application and Environmental Statement. No extraction shall take place out with the defined phases. Reason: In order to define the limits of extraction and the phasing of development.

5. That the annual rate of extraction from either quarry area as measured in any 12

month period quarry should be no more than 500,000 tonnes per annum unless otherwise agreed in writing with the Planning Authority. The Planning Authority shall be provided in writing with details of annual output/production at no more than 12 monthly intervals from the date of commencement of extraction.

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Reason: In order to safeguard the amenity of neighbouring occupied premises and to monitor the annual rate of extraction.

6. That the hours of operation for production, processing, concrete batching,

recycling and dispatch shall be:

For the area covered by permission 00/00971/FUL; 0700 to 1800hrs Monday to Sunday inclusive.

For the area covered by permission 00/00731/FUL; 0700 to 1900hrs Monday to Friday, 0730 to 1400hrs on Saturdays and no work on a Sunday or public holidays.

For any other area not covered by the above; 0700 to 1900hrs Monday to Friday, 0730 to 1400hrs on Saturdays and no work on a Sunday or public holidays.

Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

7. That no blasting shall be carried out on the site except between 10:00 to 12:00

hours and 14:00 to 16.00 hours Monday to Friday. As an exception to this rule, in cases of emergency when it is considered necessary to carry out blasting operations in the interests of safety, the detonation shall as soon as practicable be notified in writing to the planning authority with an explanation of the circumstances. Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

 8. That ground vibration as a result of blasting operations shall not exceed a peak

particle velocity of 6mm/s at residential properties and 10mm/s at commercial properties in 95% of each block of 20 consecutively numbered blasts and no individual blast shall exceed a peak particle velocity of 12mm/s at any vibration sensitive buildings. The measurement to be the maximum of 3 mutually perpendicular directions taken at the ground surface at any vibration sensitive building. Reason: To mitigate the effects of blasting on adjacent properties within the area.

9. That prior to commencement of any blasting operations a vibration monitoring

scheme to assess compliance with condition 8 shall be submitted to and approved in writing by the Planning Authority. The vibration monitoring scheme shall include details of the following:-

monitoring locations, frequency of monitoring and the equipment to be used, trigger values and a complaint investigation procedure, reporting of results to the Planning Authority, timescales for the implementation and the regular review of the scheme.

The approved scheme shall be fully implemented in accordance with the timescales approved therein. Reason: To mitigate the effects of blasting on adjacent properties within the area.

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10. That prior to commencement of any blasting operations a blasting management

scheme shall be submitted to and approved in writing by the Planning Authority. The blasting management scheme shall address:-

the measures in PAN50 ANNEX D to minimise air over pressure from blasting

operations; the prevention of simultaneous blasting at Ethiebeaton and Ardownie; the procedure for warning specific occupiers when blasting will occur; timescales for the implementation and the regular review of the scheme.

The approved scheme shall be fully implemented in accordance with the timescales approved therein.

Reason: To mitigate the effects of blasting on adjacent properties within the area.

11. That prior to the commencement of any works associated with this planning permission a dust monitoring scheme shall be submitted shall be submitted to and approved in writing by the Planning Authority. The dust monitoring scheme shall include details of the following:-

monitoring locations, frequency of monitoring and the equipment to be used.

The monitoring scheme shall take into account the guidance in both LAQM.TG(09) and the Environment Agency Guidance Document M17;

trigger values and a complaint investigation procedure; reporting of results to the Planning Authority ; timescales for the implementation and the regular review of the scheme.

The approved scheme shall be fully implemented in accordance with the timescales approved therein.

Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

12. That prior to the commencement of any works associated with this planning

permission a dust management scheme incorporating the measures in PAN50 ANNEX B to minimise dust shall be submitted to and approved in writing by the Planning Authority. The dust management scheme shall also address:

timescales for the implementation and the regular review of the scheme.

The approved scheme shall be fully implemented in accordance with the timescales approved therein.

Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded in accordance with PAN50.

13. That prior to the commencement of any works associated with this planning

permission a noise management scheme shall be submitted to and approved in writing by the Planning Authority. The noise management scheme shall include details of the following:

proposals for the reduction of noise wherever it is desirable and technically

feasible having regard to the principles of BATNEEC. a complaint investigation and noise monitoring procedure.

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The approved scheme shall be fully implemented in accordance with the timescales approved therein. Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

14. That subject to conditions 15 and 16 below, noise from all plant, machinery and

operations associated with the proposed development shall be controlled such that the following noise limits, specified as Leq, (1hour) free field measurements, shall not be exceeded at the specified locations:

LOCATION WEEKDAYS SATURDAY

(am) SATURDAY

(pm) SUNDAY

Ethiebeaton Lodge 54dBA 54dBA 50dBA 50dBA Longparks Lodge 53dBA 53dBA 53dBA 53dBA Ethiebeaton Park, Premier Inn 55dBA 55dBA 55dBA 55dBA Ardownie Farmhouse & Ardownie Farm Cottages

55dBA 55dBA 55dBA 55dBA

Laws Lodge, Laws Cottage & Laws Farmhouse

55dBA 55dBA 55dBA 55dBA

Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

15. That from phase 4 onwards noise from all plant, machinery and operations

associated with the proposed development shall be controlled such that the following noise limits, specified as Leq, (1hour) free field measurements, shall not be exceeded at the specified locations:

LOCATION WEEKDAYS SATURDAY

(am) SATURDAY

(pm) SUNDAY

Laws Lodge, Laws Cottage & Laws Farmhouse

52dBA 52dBA 52dBA 52dBA

Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

16. That during overburden removal and screening bund construction the noise level

shall not exceed 70dBA Leq (1 hour) free field at any of the locations specified in condition 14. Overburden removal and screening bund construction shall be limited to a period of 8 weeks in any 12 month period and a record of the times and dates of such operations shall be kept by the site operator. Specific details of the proposed timing of construction of any screening bunds or landscape mounds shall be submitted to and approved in writing by the Planning Authority prior to commencement of their construction. Reason: In order that the amenity of nearby occupied premises shall be adequately safeguarded.

17. That vehicular access to and from the site from the site shall only be via the

existing quarry accesses as shown on the approved Monifieth Quarry Development Plans Phases 1-8 (Figures 3.1 - 3.1 of the Planning and Environmental Statement) and as described in Section 13 of the Planning and Environmental Statement.

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Reason: In the interests of road traffic safety and in order to safeguard the amenity of nearby residential properties.

18. That no works shall take place until a scheme to ensure that no deleterious

material is carried onto the public road has been submitted to and approved in writing by the planning authority. The road surfaces of the site accesses shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times until completion of site restoration. Reason: In the interests of road traffic safety and in order to safeguard the amenity of nearby residential properties.

19. That all loaded vehicles carrying products containing crushed rock of a size less

than 75mm shall leave the site sheeted. Reason: In order to avoid spillage of material on the public road in the interests of road safety.

20. That the Monifieth – Kingennie – Duntrune, public road to the south of the

existing site access to Ethiebeaton Quarry shall be widened by 1m for a length of 50 metres in accordance with the details included on drawing ENT01 hereby approved as part of this permission and in accordance with the standards of Angus Council as Roads Authority. Reason: In the interests of road traffic safety.

21. That prior to the felling of any trees from areas of inventoried woodland a detailed

scheme for translocation of soils from areas of inventoried woodland to be cleared in association with this permission shall be submitted to and approved in writing by the planning authority. The submitted scheme shall including full details of methods of soil storage which should seek to retain the biodiversity of the soils and provide for maximising the conservation and habitat value of the new woodland to be created using the translocated soils. Reason: In order to ensure that the translocated soils retain their biodiversity value for new woodland creation in the progressive restoration of the site.

22. That prior to the commencement of restoration in any phase of the development a

detailed scheme of restoration in accordance with the details contained in the Monifieth Quarry Conceptual Restoration Plan (Figure 3.9 of the Planning and Environmental Statement) and Section 9 of the Planning and Environmental Statement shall be submitted for the written approval of the planning Authority. The scheme shall include details of the proposed topography, detailed planting and seeding (including species, height, size and density of trees and shrubs to be planted), details of levels construction, sections, drainage, soil coverage, final boundaries, phasing and relationship to adjoining land. Before commencement of any development in Phase 8 a scheme of final restoration which shall be in accordance with the Monifieth Quarry Conceptual Restoration Plan (Figure 3.9 of the Planning and Environmental Statement) and Section 9 of the Planning and Environmental Statement shall be submitted to and approved in writing by the planning authority. All restoration works shall thereafter be undertaken in complete accordance with approved details. Reason: To ensure the satisfactory restoration of the site.

23. That a landscaping aftercare and long term management plan shall be submitted

for the written approval of the Planning Authority within 3 years of the date of this

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planning permission which shall provide for the aftercare of progressively restored areas during the lifetime of the operation of the quarry and following completion of the final restoration. Thereafter the approved management plan shall be implemented. Reason: In order to ensure the appropriate restoration and aftercare of the site.

24. That from the commencement of operation of this permission, the operator(s)

shall submit an annual statement and illustrative drawing to the Planning Authority illustrating the extent of quarry working and projected operations and restoration during the forthcoming 12 month period, as an audit of operations. This shall include an audit of restoration works and condition compliance. Reason: To assist the Planning Authority to retain effective control over quarry operations.

25. That no works forming part of phase 3 of the development shall take place until a

flood risk assessment has been submitted to and approved in writing by the Planning Authority in consultation with SEPA and Angus Council as Flood Prevention Authority. The flood risk assessment shall demonstrate that the development shall not increase flood risk to property outwith the quarry by overtopping of the lip of the quarry at its lowest level during Phase 3 of the development in respect of Ardownie Quarry and during phases 4 and 6 of the development in respect of Ethiebeaton Quarry. Reason: In order to ensure that the development provides adequate flood storage levels required within the site to prevent potential overflows for the 1:200 year return period rainfall event of critical storm duration.

26. That no works forming part of phase 8 of the development shall take place until

full details of the culvert / pipe proposed to drain the flow from the existing watercourse which drains the area (“Sub-Catchment C”) to the north of both quarries have been submitted to and approved in writing by the Planning Authority. The details to be submitted shall include:

details of the proposed culvert / pipe and maintenance manhole; the maintenance arrangements for this drainage system including vehicle

access.

Reason: In order to ensure that the proposed development will not result in an unacceptable risk of flooding and to ensure future maintenance arrangements are acceptable.

27. That prior to any increase in discharge flow rates from Ethiebeaton Quarry from 4

l/s to 50 l/s full details of proposed flow-meter apparatus shall be submitted to and approved in writing by the Planning Authority. The submitted details shall include:-

details of flow calculations for the Monifieth Burn discharge trigger method specific apparatus to be used location of proposed apparatus monitoring / maintenance arrangements method of data recording discharge operation procedures

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timescale for installation a copy of SEPA’s licence to discharge on completion of the CAR licensing

stage.

The flow-meter apparatus shall be installed and maintained thereafter in complete accordance with the approved details. Reason: In order to ensure that the proposed development will not result in an unacceptable risk of flooding and to ensure future maintenance arrangements are acceptable.

28. That before the start of the development, the developer(s) shall provide to the planning authority details of a bond or other financial provision which it proposes to put in place to cover all decommissioning and site restoration costs in accordance with the Monifieth Quarry Conceptual Restoration Plan (Figure 3.9 of the Planning and Environmental Statement) and Section 9 of the Planning and Environmental Statement. No work shall commence on the site until the developer(s) has provided documentary evidence that the proposed bond or other financial provision is in place and written confirmation has been given by the planning authority that the proposed bond or other financial provision is satisfactory. The developer(s) shall ensure that the approved bond or other financial provision is maintained throughout the duration of this permission. Reason: To ensure that there are sufficient funds available throughout the life of the development to carry out the full restoration of the site.

29. That before the start of the development the developer shall submit to the

planning authority for written approval a scheme of liaison for the exchange of information with local residents and businesses. No work shall commence on the site until the developer(s) has provided documentary evidence that the proposed liaison scheme is in place and written confirmation has been given by the planning authority that the scheme is satisfactory. The developer(s) shall ensure that the approved liaison scheme is maintained throughout the duration of this permission.

Reason: To ensure that local residents and businesses are kept informed of operations on the site and have opportunity to raise issues regarding the operation of the quarry.

NB: Informative for decision notice:- Management of Extractive Waste Mandatory Conditions

Under terms of the Management of Extractive Waste (Scotland) Regulations

2010 there are a number of mandatory or ‘deemed’ conditions which apply to this development. Please consult the legislation for details.

NOTE No background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973, (other than any containing confidential or exempt information) were relied on to any material extent in preparing the above Report. P&T/GWC/DS/IAL 15 January 2012 Eric S Lowson Director of Infrastructure Services

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APPENDIX 1

DUNDEE AND ANGUS STRUCTURE PLAN EMPLOYMENT POLICY 7: RURAL EMPLOYMENT Proposals for economic or employment related development in the rural areas will be supported where they do not adversely affect local environmental quality. In determining development proposals account should be taken of: - contribution to diversification of the local economic base,

integration with the existing pattern of development,

availability of infrastructure including access to transport connections,

availability of local workforce to minimise travel to work journeys; and the environmental policies of this plan. TRANSPORT POLICY 4: DEVELOPMENT LOCATION In identifying land for new development Local Plans will seek to ensure that development takes place in the most accessible locations having regard to the objectives of the Local Transport Strategy. New development proposals will as a minimum require to demonstrate that they:- provide safe, convenient and attractive facilities for pedestrian, cycle and public transport

access;

provide or use walking and cycle routes which are or can be linked into established and planned networks;

are accessible to or can be made accessible to the existing or proposed public transport

networks;

are located where local road network capacity is available. Development proposals generating significant traffic must be supported by Transport Assessments and Travel Plans where necessary. Travel Plans will be implemented through appropriate planning conditions and planning or other agreements. ENVIRONMENTAL RESOURCES POLICY 1: NATURAL HERITAGE DESIGNATIONS

Development proposals within or affecting a proposed or designated area of natural heritage importance will be determined according to their effects on the particular interests that the designation is intended to protect. Where development proposals are likely to have a significant effect on a designated area of natural heritage importance, they must be accompanied by an appropriate ecological or similar assessment that sufficiently establishes the impacts on the conservation interests of the designation. International Designations: Development proposals within or otherwise impacting on a Natura 2000 area or Ramsar site will be permitted where they do not adversely affect the conservation interests for which the area has been designated, and are consistent with policies elsewhere in the Plan. Where an adverse impact is identified and cannot be suitably mitigated, development proposals will only be considered acceptable where it can be sufficiently demonstrated that there are no alternative

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solutions, and there are imperative reasons of overriding public interest which outweigh the particular conservation interests of the area (including those of a social or economic nature). National Designations: Development proposals that do not compromise the designation objectives and the overall integrity of the area will be permitted where they are consistent with policies elsewhere in the Plan. Where proposals fail to satisfy these requirements, they will only be considered acceptable where it can be sufficiently demonstrated that their impacts are clearly outweighed by social or economic benefits of national importance. Regional and Local Designations: Developments that do not compromise the overall integrity and natural heritage value of a site will be permitted where they are consistent with policies elsewhere in the Plan. Where proposals fail to meet these requirements, they will only be considered acceptable where it can be sufficiently demonstrated that their local economic and social benefits outweigh the natural heritage value of the site. ENVIRONMENTAL RESOURCES POLICY 2: THE WIDER NATURAL HERITAGE The Tayside Landscape Character Assessment 1999 (Scottish Natural Heritage), and Local Biodiversity Action Plans produced for Tayside and the Cairngorms area will constitute material considerations in determining development proposals and in providing for new development within Local Plans. Landscape capacity studies will be pursued as necessary to assist the allocation of land and the determination of applications of strategic importance. All developments must respect main features and characteristics of the natural heritage and should contribute to landscape restoration or improvement, biodiversity conservation and enhancement, environmental quality, and where appropriate, promotion of public enjoyment and understanding. Developers will be encouraged to incorporate positive environmental features that either enhance existing or create new habitat networks, such as native trees and woodlands; lochs, ponds, wetlands and watercourses; traditional field boundaries; unimproved grasslands; and coastal habitats. ENVIRONMENTAL RESOURCES POLICY 3: COASTAL DEVELOPMENT AND PROTECTION Local Plans will establish a development framework to ensure the appropriate protection, enhancement and management of the area’s developed and undeveloped coast in support of the emerging Shoreline and Coastal Zone Management Plans. Development requiring a coastal location or contributing to the economic vitality of the area and consistent with policies elsewhere in the Plan will be directed to developed coast. Development proposals affecting undeveloped coast will only be considered where it can be demonstrated that there are no suitable alternatives, there is an overriding social or economic justification, and they are consistent with policies elsewhere in the Plan. There will be a presumption against development in areas known to be at risk from coastal erosion and/or tidal flooding, based on the information available to the Councils. Development proposals will only be considered within such areas where it can be demonstrated that there are no suitable alternatives, the development can be protected in an environmentally sensitive way without giving rise to similar problems elsewhere and without compromising other policies in the Plan. ENVIRONMENTAL RESOURCES POLICY 5: URBAN FRINGES AND COUNTRYSIDE ACCESS Through Local Plans, project initiatives and in partnership with other agencies, Dundee City and Angus Councils will promote environmental improvements to the urban fringes of Dundee and the Angus towns, including opportunities for access to the wider countryside and coast, which support on-going regeneration and sustainability.

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ENVIRONMENTAL RESOURCES POLICY 5A: HISTORIC ENVIRONMENT Local Plans will establish a policy framework to safeguard and enhance important features of the area’s historic environment as a means of conserving the diverse and distinctive qualities of Dundee and Angus. The historic environment of Dundee and Angus is a valuable, non-renewable resource which must be protected, conserved and enhanced. Local Plans shall identify these assets and include policies which:- Protect the site and setting of listed buildings and ancient scheduled monuments; Protect other archaeological sites and sensitive areas. Where this is not feasible, proper recording

and analysis shall take place; Protect and enhance conservation areas and historic gardens and designed landscapes. ENVIRONMENTAL RESOURCES POLICY 7: AGRICULTURAL LAND Development that would result in the permanent loss of prime agricultural land will not normally be permitted except where such land is identified as essential for implementation of the Structure Plan Strategy. ENVIRONMENTAL RESOURCES POLICY 9: SAFEGUARDING AND EXTRACTION OF MINERAL RESOURCES Proposals for the extraction of hardrock and sand and gravel deposits will only be considered where it can be demonstrated that development is required to maintain a 10 year landbank for aggregates in the Structure plan area or that market requirements cannot be met from existing mineral workings or the use of recycled or secondary material. Where appropriate, proposals for new or extended quarries will require to be accompanied by an Environmental Statement and Transport Assessment. Mineral deposits of economic importance will be safeguarded against other types of permanent development that would either sterilise them or inhibit their subsequent extraction. Such resources and policies for the control of mineral extraction will be identified in Local Plans.

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ANGUS LOCAL PLAN REVIEW Policy S1: Development Boundaries (a) Within development boundaries proposals for new development on sites not allocated on

Proposals Maps will generally be supported where they are in accordance with the relevant policies of the Local Plan.

(b) Development proposals on sites outwith development boundaries (i.e. in the countryside) will

generally be supported where they are of a scale and nature appropriate to the location and where they are in accordance with the relevant policies of the Local Plan.

(c) Development proposals on sites contiguous with a development boundary will only be acceptable

where there is a proven public interest and social, economic or environmental considerations confirm there is an overriding need for the development which cannot be met within the development boundary.

Policy S2: Accessible Development Development proposals will require to demonstrate, according to scale, type and location, that they: - are or can be made accessible to the existing or proposed public transport networks and make

provision for suitably located public transport infrastructure such as bus stops, shelters, lay-bys, turning areas which minimise walking distances and allow easy access for the mobility impaired.

provide and/or enhance paths for walking and cycling which are safe, provide pleasant routes, are suitable for use by the mobility impaired, and link existing and proposed path networks;

are located where there is adequate local road network capacity or where capacity can be made available.

Policy S3: Design Quality A high quality of design is encouraged in all development proposals. In considering proposals the following factors will be taken into account: site location and how the development fits with the local landscape character and pattern of

development; proposed site layout and the scale, massing, height, proportions and density of the development

including consideration of the relationship with the existing character of the surrounding area and neighbouring buildings;

use of materials, textures and colours that are sensitive to the surrounding area; and the incorporation of key views into and out of the development. Innovative and experimental designs will be encouraged in appropriate locations. Policy S4: Environmental Protection Where development proposals raise issues under environmental protection regimes, developers will require to demonstrate that any environmental protection matter relating to the site or the development has been fully evaluated. This will be considered alongside planning matters to ensure the proposal would not unacceptably affect the amenity of the neighbourhood. Policy S6: Development Principles Proposals for development should where appropriate have regard to the relevant principles set out in Schedule 1 which includes reference to amenity considerations; roads and parking; landscaping, open space and biodiversity; drainage and flood risk, and supporting information.

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Policy SC19: Rural Employment Employment opportunities throughout rural Angus will be supported where they make a positive contribution to the rural economy and are of a scale and nature appropriate to the location. Proposals which reuse existing buildings and sites and those which assist diversification of an existing rural business will be encouraged. There may also be scope for mixed use developments incorporating staff accommodation and/or home/work units. Policy SC36: Access Rights Development proposals, which will result in a significant loss to the public of linear access, area access or access to inland water, will be resisted. Policy ER3: Regional and Local Designations Development which would adversely affect sites containing habitats, species, and/or geological or geomorphological features of local or regional importance, whether designated or otherwise, will only be permitted where: (a) ecological appraisals have demonstrated to the satisfaction of the Council that the overall

integrity of the site and the features of natural heritage value will not be compromised; or (b) the economic and social benefits arising from the proposal significantly outweigh the natural

heritage value of the site. Policy ER4: Wider Natural Heritage and Biodiversity The Council will not normally grant planning permission for development that would have a significant adverse impact on species or habitats protected under British or European Law, identified as a priority in UK or Local Biodiversity Action Plans or on other valuable habitats or species. Development proposals that affect such species or habitats will be required to include evidence that an assessment of nature conservation interest has been taken into account. Where development is permitted, the retention and enhancement of natural heritage and biodiversity will be secured through appropriate planning conditions or the use of Section 75 Agreements as necessary. Policy ER5: Conservation of Landscape Character Development proposals should take account of the guidance provided by the Tayside Landscape Character Assessment and where appropriate will be considered against the following criteria: (a) sites selected should be capable of absorbing the proposed development to ensure that it fits into

the landscape; (b) where required, landscape mitigation measures should be in character with, or enhance, the

existing landscape setting; (c) new buildings/structures should respect the pattern, scale, siting, form, design, colour and density

of existing development; (d) priority should be given to locating new development in towns, villages or building groups in

preference to isolated development. Policy ER6: Trees, Woodlands and Hedgerows Trees, woodlands and hedgerows which have a landscape, amenity and/or nature conservation value will be protected from development. Development that would result in the loss of or damage to ancient or semi-natural woodlands will not be permitted. Tree Preservation Orders will be promoted to protect groups of trees or individual significant trees of importance to the amenity of a surrounding area where such trees and woodland are under threat. Management Agreements will be introduced, where appropriate, to ensure the establishment of new and replacement planting. Tree planting initiatives

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such as Community Woodland proposals and other amenity planting will continue to be supported and encouraged. Policy ER7: Trees on Development Sites Planning applications for development proposals affecting sites where existing trees and hedges occur and are considered by Angus Council to be of particular importance will normally be required to: (a) provide a full tree survey in order to identify the condition of those trees on site; (b) where possible retain, protect and incorporate existing trees, hedges, and treelines within the

design and layout; (c) include appropriate new woodland and or tree planting within the development proposals to

create diversity and additional screening, including preserving existing treelines, planting hedgerow trees or gapping up/ enhancing existing treelines.

In addition developers may be required to provide an Arboricultural Methods Statement, a Performance Bond and/or enter into Section 75 Agreements. Policy ER10: Light Pollution Where developments incorporate exterior lighting, Angus Council will require designs which minimise light spillage through use of low pressure sodium lights, full cut-off lanterns and other measures as appropriate. Where floodlighting is needed for sports pitches, golf driving ranges etc, it should be directed and hooded in such a way that the light source is not seen from any neighbouring properties, roads, or paths. Policy ER11: Noise Pollution Development which adversely affects health, the natural or built environment or general amenity as a result of an unacceptable increase in noise levels will not be permitted unless there is an overriding need which cannot be accommodated elsewhere. Proposals for development generating unacceptable noise levels will not generally be permitted adjacent to existing or proposed noise-sensitive land uses. Proposals for new noise-sensitive development which would be subject to unacceptable levels of noise from an existing noise source or from a proposed use will not be permitted. Policy ER16: Development Affecting the Setting of a Listed Building Development proposals will only be permitted where they do not adversely affect the setting of a listed building. New development should avoid building in front of important elevations, felling mature trees and breaching boundary walls. Policy ER18: Archaeological Sites of National Importance Priority will be given to preserving Scheduled Ancient Monuments in situ. Developments affecting Scheduled Ancient Monuments and other nationally significant archaeological sites and historic landscapes and their settings will only be permitted where it can be adequately demonstrated that either: (a) the proposed development will not result in damage to the scheduled monument or site of

national archaeological interest or the integrity of its setting; or (b) There is overriding and proven public interest to be gained from the proposed development that

outweighs the national significance attached to the preservation of the monument or archaeological importance of the site. In the case of Scheduled Ancient Monuments, the development must be in the national interest in order to outweigh the national importance attached to their preservation; and

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(c) the need for the development cannot reasonably be met in other less archaeologically damaging

locations or by reasonable alternative means; and (d) The proposal has been sited and designed to minimise damage to the archaeological remains. Where development is considered acceptable and preservation of the site in its original location is not possible, the excavation and recording of the site will be required in advance of development, at the developer’s expense. Policy ER19: Archaeological Sites of Local Importance Where development proposals affect unscheduled sites of known or suspected archaeological interest, Angus Council will require the prospective developer to arrange for an archaeological evaluation to determine the importance of the site, its sensitivity to development and the most appropriate means for preserving or recording any archaeological information. The evaluation will be taken into account when determining whether planning permission should be granted with or without conditions or refused. Where development is generally acceptable and preservation of archaeological features in situ is not feasible Angus Council will require through appropriate conditions attached to planning consents or through a Section 75 Agreement, that provision is made at the developer’s expense for the excavation and recording of threatened features prior to development commencing. Policy ER24: Surface Water Disposal Sustainable Urban Drainage Systems are preferred in dealing with surface water drainage from all new development. In considering development proposals Angus Council will consult and liaise closely with SEPA, Scottish Water and developers in order to ensure that appropriate methods of surface water run-off collection, treatment, decontamination and disposal are implemented to minimise the risk of flooding and the pollution of water courses, lochs and ground water. Proposals that adopt ecological solutions to surface water management which promote local biodiversity by the formation of ponds and/or wetlands for example, and create or improve habitats will also be encouraged. Policy ER27: Flood Risk - Consultation Angus Council will routinely consult with SEPA on all development proposals adjacent to or potentially affected by:- (a) the North Esk, south of Edzell; (b) the South Esk; (c) the Brothock Burn, south of Leysmill; (d) the Elliot Water, south of Arbirlot; (e) the catchment of the Dighty Water and its tributaries; and (f) other watercourses and lochs of known potential flood risk. Angus Council may require developers to submit a flood risk assessment in support of a planning application. Policy ER28: Flood Risk Assessment Proposals for development on land at risk from flooding, including any functional flood plain, will only be permitted where the proposal is supported by a satisfactory flood risk assessment. This must demonstrate to the satisfaction of Angus Council that any risk from flooding can be mitigated in an environmentally sensitive way without increasing flood risk elsewhere. In addition, limitations will be placed on development according to the degree of risk from coastal, tidal and watercourse flooding. The following standards of protection, taking account of climate change, will be applied:-

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In Little or No Risk Areas where the annual probability of flooding is less than 0.1% (1:1000 years)

there will be no general constraint to development. Low to Medium Risk Areas where the annual probability of flooding is in the range 0.1% - 0.5%

(1:1000 – 1:200 years) are suitable for most development. Subject to operational requirements these areas are generally not suitable for essential civil infrastructure. Where such infrastructure has to be located in these areas, it must be capable of remaining operational during extreme flood events.

Medium to High Risk Areas (see 2 sub areas below) where the probability of flooding is greater

than 0.5% (1:200 years) are generally not suitable for essential civil infrastructure, schools, ground based electrical and telecommunications equipment. (a) Within areas already built up sites may be suitable for residential, institutional, commercial

and industrial development where an appropriate standard of flood prevention measures exist, are under construction or are planned.

(b) Undeveloped or sparsely developed areas are generally not suitable for additional development.

Policy ER30: Agricultural Land Proposals for development that would result in the permanent loss of prime quality agricultural land and/or have a detrimental effect on the viability of farming units will only normally be permitted where the land is allocated by this Local Plan or considered essential for implementation of the Local Plan strategy. Policy ER32: Minerals Angus Council will seek to conserve existing mineral reserves within Angus taking account of market demand and promoting the use of recycled and secondary minerals. Proposals for mineral extraction will only be permitted where it can be demonstrated that: (a) development is justified to maintain an effective 10 year land bank for construction aggregates

and that the market requirement cannot be met from existing renewable, recycled or secondary sources;

(b) the development conforms to a sequential consideration of international, national and locally important planning designations established by Policy ER39;

(c) proposals for land restoration, aftercare and after use are satisfactory. Where considered necessary and prior to the commencement of development Angus Council will require a bond to cover the cost of an agreed scheme for the restoration, aftercare and after-use of the site;

(d) the roads leading to and from the site are capable of accommodating the type and volume of heavy traffic movements generated by the development;

(e) development will not have a detrimental impact on the residential amenity or general environment;

(f) they do not adversely affect watercourses, lochs or groundwater resources; and (g) the proposal conforms to other relevant policies of the Local Plan. Where appropriate, development proposals will require to be accompanied by an Environmental Statement and/or Transport Assessment. Policy ER39: Sequential Approach for Mineral Extraction, Landfill and Land Raise Proposals Proposals for mineral extraction, landfill and land raise development must demonstrate and satisfy a sequential consideration of the international, national and locally important planning designations detailed in Table 3.1.

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Level 1: International Designations: Development that would have an adverse impact on the conservation interests of international designations will only be permitted where: there are reasons of overriding public interest; and there is no alternative solution (including the full exploration of alternative sites in levels 2, 3 and

4). Level 2: National Designations: Development that would have an adverse impact on a designated area of national importance will only be permitted where: the designation objectives and overall integrity of the area will not be compromised; or any significant adverse impact on the area are clearly outweighed by social or economic benefits

of national importance; or no suitable alternative site is available in levels 3 and 4. Level 3: Local Designations: Development that would have a significant adverse impact on local designations or features will only be permitted where: the importance or value of the designation or feature to local environmental quality is clearly

outweighed by the local economic and social benefits; and no suitable alternative site is available in level 4. Level 4: Preferred Areas: Development may be permitted subject to local circumstances and amenity considerations.