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Item 7 - Appendix 1 - February Planning Committee Sheephill Quarry

West Dunbartonshire Council · 8 June 2022
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WEST DUNBARTONSHIRE COUNCIL 
Report by the Chief Officer - Regulatory and Regeneration 
Planning Committee: 16th February 2022 
___________________________________________________________________ 
Subject: Appeal Notice of Intention - DC02/447: Extension to Quarry,
Sheephill Quarry, Milton, Dumbarton 
1. Purpose 
1.1 To provide the Committee with an update regarding the appeal decision for
the above application, further information relevant to the Review of Minerals
Permission application (ROMP) and the Scheduled Monuments Permission. 
2. Recommendations 
2.1 That the Committee notes the intended outcome of the appeal and current
situation regarding the ROMP and Scheduled Monument Consent.     
3. Background 
3.1 The Committee will recall that the above application was refused by the
Council in March 2021. Shortly after, the appellant appealed the decision to
the Planning and Environmental Appeals Division. The Council has been
notified of a “Notice of Intention” that the Reporter is minded to allow the
appeal and grant planning permission subject to 39 conditions and following
the signing and registering or recording of a planning obligation under section
75 of the Town and Country Planning (Scotland) Act 1997 or some suitable
alternative arrangement, securing a bond sufficient to cover the expected
restoration and aftercare works for the quarry extension. The Reporter has
given the appellant and the Council up to a 12 week period to conclude the
planning obligation.  The principal of such a bond had been previously agreed
between the appellant and Council officers and it is necessary to ensure that
the quarry extension site is restored after it has been worked. If, by the end of
the 12 week period, the relevant obligation has not been registered or
recorded the Reporter will consider whether planning permission should be
refused or granted without a planning obligation. 
4.  Main Issues              
4.1 A copy of the Notice of Intention is contained within Appendix 1. The Reporter
in reaching the decision on balance found that the proposal was in

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accordance with the development plan. There was some tension with policy
DC8 Minerals albeit the need for the development is one of several
considerations, however it was concluded that the policy does not explicitly
state that a need for the development must be demonstrated. For the same
reason there is some tension with policy GB1 Green Belt. The only significant
environmental effects are the visual effects of the extension from some
locations, including cumulative effects with the extraction of the remainder of
the quarry. However the Reporter concluded that these did not give rise to
significant conflict with the development plan.   
4.2     In respect of the other main issues it was concluded that there would be no
other significant environmental effects and no conflict with the development
plan. The updated noise assessment was not found to be inconsistent with
the advice in Annex A of PAN50 and subject to the proposed noise conditions
which sets noise limits, significant adverse noise effects are unlikely.  In terms
of blasting/vibration there are a number of proposed conditions which would
control blasting in the extension area identical to those now imposed in the
ROMP permission. There is no technical evidence before the Reporter which
indicates that blasting from the extension area would cause vibration at
problematic levels for any nearby properties. A similar conclusion was
reached on dust deposition and relevant conditions would aim to ensure the
extension area is operated so as to minimise the release of dust. In terms of
the effects on core path users it was acknowledged there might be increased
levels of noise and dust for path users in the vicinity of the proposed
extension but this would only be for a fairly short stretch of path and unlikely
to be a significant deterrent to users of the path. The low ecological value of
the site means that there are no significant effects on biodiversity. Other
matters identified by objectors were not considered to have a significant
effect. 
4.3      It was concluded by the Reporter that the proposed development accords with
the relevant provisions of the development plan and that there are no material
considerations which justify refusing to grant planning permission. The
Reporter considered that the reasoned conclusions on the significant
environmental effects of the proposed development are up to date. For the
most part, the Reporter has imposed the conditions proposed by the Council
and only made slight amendments so they align with the ROMP conditions.
The Reporter has removed Conditions 19 and 20 relating to the main quarry
road and to wheel washing of vehicles leaving the quarry and removed the
first condition that the proposed development commence with 2 years as he
does not believe that they are necessary for the appeal development. 
Update on Review of Minerals Permission (ROMP)
4.4     The appellant is appealing the conditions contained within the ROMP Decision
Notice and has requested that the ROMP application should be determined
only subject to the conditions set out in the Decision Notice with the exception
that condition 2 in the Decision Notice should be deleted.  Condition 2
excludes the Milton Hill area from quarrying.  An appeal was lodged by the

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appellant on 21st December 2021 to the Planning and Environmental Appeals
Division. The appellant has stated that condition 2 is contrary to the local
development plan and there is no other planning justification for imposition of
condition 2.  Condition 2 of the ROMP should be removed on the grounds that
the imposition of it restricts the mineral rights of the appellant. Following the
issuing of the Notice of Intention to grant planning permission for the
extension area, the appellant and the Council have agreed to sist (i.e.
suspend) the ROMP appeal pending the conclusion of the planning obligation
and the issuing of the Decision Notice for the extension area. 
Once the Decision Notice is issued, and planning permission granted, for the
extension area the appellant has agreed to withdraw the appeal against the
ROMP conditions. 
Scheduled Monument Consent
4.5      The Council lodged representations to Historic Environment Scotland to the
application for Scheduled Monument Consent for removal of Sheephill Fort.
Historic Environment Scotland on 21st November were minded to grant
Scheduled  Monument Consent for quarrying  operations which affect the
Scheduled Monument  subject to a number of conditions regarding the
excavation, recording and publishing of findings regarding the Sheephill Fort.
The application is presently awaiting a decision from the Scottish Ministers
who have extended the time period for consideration.   
5. People Implications 
5.1 There are no personnel issues. 
6.   Financial and Procurement Implications 
6.1 The appellant has made a claim against the council for the award of its
expenses in making the appeal against the refusal of the extension
application.  The Council has opposed any award of expenses. The claim
will be dealt with by the Reporter at the same time as determining the appeal
for the extension area. 
6.2       There are significant financial implications for the Council if the appeal of the
ROMP conditions proceeds and is successful. 
7. Risk Analysis 
7.1 A risk assessment is not required. 
8. Equalities Impact Assessment (EIA) 
8.1      There are no equalities issues identified.

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9. Consultation 
9.1 Consultation was carried out during the planning and appeal processes.   
10. Strategic Assessment 
10.1    The ROMP and extension application supports the strategic priorities of the
Council. 
Peter Hessett
Chief Officer – Regulatory and Regeneration 
Date: 16th February 2022
______________________________________________________________ 
Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk 
Appendices:   Appendix 1 – Appeal: Notice of Intention – EIA   
Development: 18th January 2022 
Background Papers:   Planning Committee Reports      
- 11th March 2020 
- 11th November 2020
- 26th January 2021 
- 3rd March 2021
- 10 November 2021   
Wards affected:  Ward 3 (Dumbarton)