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Chapter 13
After Use of Mineral Workings
| Introduction | |
| MW1 | General Considerations |
| MW2 | Consultation on County Matters |
| MW3 | After Uses |
| MW4 | Ancillary Development |
Introduction
13.1 Mineral Extraction and Waste Disposal are matters for which the County Council is the Local Planning Authority. These operations are controlled by policies contained in the Cheshire Minerals Local Plan and the Cheshire Waste Disposal Plan.
13.2 The Borough Council supports the policies in the County Minerals Local Plan which seek to ensure that, where technically and economically feasible, mineral workings are returned to a condition fit for agriculture, forestry or nature conservation as appropriate.
13.3 The Borough Council similarly supports the policies in the County Waste Local Plan which seek to ensure a high standard of landscaping and after care of landfill sites.
13.4 If former mineral workings and landfill sites are used for purposes other than agriculture, forestry, or nature conservation , then the Borough Council will be responsible for planning controls over these uses. The Borough Council will exercise that jurisdiction in two ways:
(i) By recommending to the County Council, landscaping and after care conditions on permissions to extract minerals or deposit waste.
(ii) In determining applications for development after the cessation of extraction or tipping.
13.5 The following policies relate to after-uses of mineral extraction and landfill sites. Surface mineral workings in Vale Royal are most generally sand workings, many of which result in the creation of lagoons of various sizes, for which there are demands for water based recreation.
13.6 In many cases sites will be capable of accommodating a variety of uses. Successful operation of combined uses will be as dependent on good management of the site as on the preparation of a restoration scheme or the planned provision of facilities. Careful planning and management will, however maximise the opportunity for sites to develop as sites of nature conservation interest whilst at the same time accommodating active or passive leisure activities.
GENERAL CONSIDERATIONS Policy MW1 APPLICATIONS FOR PLANNING PERMISSION FOR NEW USES AT THE SITES OF FORMER MINERAL WORKINS AND LANDFILL SITES WILL BE DETERMINED HAVING REGARD IN PRINCIPAL, TO NOISE, NATURE CONSERVATION, AMENITY, HIGHWAY AND ACCESS CONSIDERATIONS, VISUAL IMPACT, AIR QUALITY AND WATER POLLUTION. |
Reasons and Explanations
(i) The Borough Council is the Local Planning Authority responsible for the control of uses of land at mineral extraction and waste disposal sites after the cessation of those operations.
(ii) Many exhausted, current and future sites are located within rural areas and the Borough Council wishes to ensure that in the long term ,use of such sites is compatible with the rural scene .
Policy Derivation
Cheshire 2016 Structure Plan Alteration Policies R7, R8 and R9
CONSULTATION ON COUNTY MATTERS Policy MW2 WHEN CONSULTED IN RESPECT OF MINERAL OR WASTE DISPOSAL APPLICATIONS, THE BOROUGH COUNCIL WILL ENCOURAGE THE COUNTY COUNCIL TO APPLY TO ANY PLANNING PERMISSION IT MAY GIVE, CONDITIONS WHICH WILL ENABLE SITES ULTIMATELY TO BE USED FOR SUCH USES FOR WHICH A DEMAND AND ACCEPTABILITY CAN BE REASONABLY BE ANTICIPATED. |
Reasons and Explanations
(i) When an application for planning permission to extract minerals or dispose of waste is made, the County Council consults the Borough Council in respect of the use and of conditions which may be applied to a permission given. The Borough Council wishes to assist the County Council to prepare for the long term use of sites.
(ii) The Borough Council recognises that the demand for a variety of types of recreational activity at former mineral sites is increasing but would not wish to accommodate these demands in a way which results in unreasonable detriment to amenities enjoyed by residents, other users of, or visitors to the Borough.
Policy Derivation
Cheshire 2016 Structure Plan Alteration Policies R7, R8 and R9
AFTER USES Policy MW3 PLANNING PERMISSION FOR RECREATION USES OF RESTORED MINERAL AND WASTE DISPOSAL SITES WILL BE RESTRCTED TO LOW-INTENSITY LAND-BASED ACTIVITIES, NON-ENGINE POWERED WATER SPORTS AND NATURE CONSERVATION. EXCEPTIONS WILL ONLY BE PERMITTED AT THE FOLLOWING SITES OR WHERE IT CAN BE DEMONSTRATED THAT THERE WOULD BE NO UNACCEPTABLE NUISANCE BY WAY OF NOISE OR OTHER DISTURBANCE TO NEARBY RESIDENTS, NOR ANY UNACCEPTABLE DAMAGE TO THE NATURAL ENVIRONMENT: (A) FOURWAYS QUARRY, OAKMERE, WHERE DEVELOPMENT WILL TAKE PLACE IN ACCORDANCE WITH THE FOLLOWING PRINCIPLES: (i) THE SITE BE USED FOR NON-ENGINE POWERED WATER SPORTS; (ii) THE ANCILLARY DEVELOPMENT THAT WILL BE ALLOWED IS: A WATER SPORTS CLUB WITH CHANGING FACILITIES; A FISHING CLUB AND TIMBER CHALETS, THE NUMBER AND LOCATION OF WHICH IS TO BE AGREED WITH THE BOROUGH COUNCIL; (iii) CHALETS ARE ONLY TO BE USED IN CONJUNCTION WITH THE (iv) THE PROPOSALS SATISFY THE CRITERIA IN POLICIES RT9 AND RT19. (B) NUNSMERE, SANDIWAY, WHERE DEVELOPMENT WILL TAKE PLACE IN ACCORDANCE WITH THE FOLLOWING PRINCIPLES: (i) THE ANCILLARY DEVELOPMENT THAT WILL BE ALLOWED IS: A HARBOUR; CHANGING FACILITIES AND TIMBER CHALETS, THE NUMBER AND LOCATION TO BE AGREED WITH THE BOROUGH COUNCIL; (ii) THE CHALETS ARE ONLY TO BE USED IN CONJUNCTION WITH THE RECREATIONAL USES, NOT AS PERMANENT DWELLINGS (REF POLICY RT9; (iii) THE PROPOSALS SATISFY THE CRITERIA IN POLICIES RT9 AND RT19 |
Reasons and Explanations
(i) Low intensity uses include activities such as fishing and walking. This is to minimise environmental damage and to avoid disturbance to nearby residents.
(ii) Non-engine powered water sports include activities such as sailing, canoeing and windsurfing.
(iii) "Recreational uses" refer only to the use of land. It does not include the erection of holiday homes, tourist accommodation or other substantial building development. However, development ancillary to the permitted recreational use (e.g. clubhouses, boat storage, jetties, launching ramps etc.) will normally be permitted as provided by policy MW4.
(iv) At Fourways Quarry, Oakmere, only non-engine powered water sports will be allowed to preserve the nature conservation value of the site. The site should include undisturbed areas of water edge and boundary, areas of open grassland/heath, planted with native species, to support existing butterfly and invertebrate colonies.
(v) At Nunsmere the site is already used for both non-engine and engine powered water sports for up to 50 designatees and their guests. Development on this site should keep the same level of provision with associated ancillary development of a harbour, changing facilities and timber chalets.
Policy Derivation
PPG 17 "Sport and Recreation"
ANCILLARY DEVELOPMENT Policy MW4 PROPOSALS FOR DEVELOPMENT ANCILLARY TO THE RECREATIONAL USE OF LAND OR WATER AREAS WILL BE PERMITTED WHERE THEY SATISFY ALL OF THE FOLLOWING CRITERIA: (i) THE PROPOSALS ARE OF A SMALL SCALE IN THE CONTEXT OF THE OVERALL SITE AND WILL BE UNOBTRUSIVE; (ii) THEY DISPLAY A HIGH STANDARD OF DESIGN; (iii) THEY ARE DIRECTLY RELATED AND SUBORDINATE TO THE PRIMARY RECREATIONAL USE; (iv) THE BOROUGH COUNCIL IS SATISFIED AND FACILITIES ARE NEEDED FOR THE PARTICIPANTS IN THE RECREATIONAL ACTIVITIES; ANCILLARY DEVELOPMENT DOES NOT INCLUDE ANY FORM OF RESIDENTIAL OR PERMANENT RETAIL DEVELOPMENT. |
Reasons and Explanations
(i) The Borough council wishes to ensure that any necessary ancillary development does not have an unacceptable impact. In particular, the attractions of the recreational resource should not be diminished by the insensitive design of car parking areas, the erection of unattractive buildings or the imposition of visually obtrusive structures. The impact of ancillary development should be kept to a minimum, especially in the open countryside.
(ii) Ancillary development should be for the use of participants of the recreational activity, whether this is a formal activity(e.g. watersports) or informal recreation(e.g. walking and quiet enjoyment of the countryside). Examples include car parking, toilets, changing rooms, storage facilities, and other incidental development whose sole purpose is to provide facilities that contribute to the primary recreational use. Ancillary development should not in itself attract additional car journeys to the countryside by non-participants.
(iii) Permanent residential development will not be considered ancillary to recreational uses in open countryside. However small-scale temporary/ infrequent retailing (e.g. ice-cream stands) that is directly associated with the recreational use may be considered an ancillary development, provided it is unlikely to attract customers who are not participants in the recreational activities at the site. Associated retail development would normally be strictly limited by planning conditions with respect to the range of goods for sale, opening hours, signage from the road and future expansion.
(iv) Cafes and bars open to the general public will not be considered ancillary development.
Policy Derivation
PPG13"Transport"
Cheshire 2016 Structure Plan Alteration Policy GEN1
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