Garlaff landfill Site, Skares - Barr Ltd - East Ayrshire Council

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(xxii) Policy MIN 24: In order to ensure that opencast coal operations do not cause unacceptable disturbance and nuisance to residents of local communities, the Council may consider opencast developments unacceptable where:- • a development has a working face or operational areas relating to the storage, processing or dispatch of coal which encroach within 500 metres of the community concerned, or • storage mounds, landscaping bunds or settlement lagoons are located within 100 metres of the community concerned, or • the proposal involves a substantial area for extraction over an extended extraction period in excess of ten years, or • the proposal is likely to be subject to repeated extensions, perpetuating disturbance to local communities for a period substantially longer than five years. It is considered that the proposed development does not conflict with the provisions of Policy MIN24. (xxiii) Policy MIN26: Any proposal to undertake any extraction operations or to locate operational areas relating to the storage, processing or dispatch of coal within 500 metres of any sensitive establishment, local community, group of dwellings or individual dwellinghouses not in the ownership of the developer will only be entertained by the Council where the development can be fully justified by the developer in environmental terms and where all of the following criteria are met: • the proposal would, through restoration of the site, result in the removal of substantial areas of derelict or despoiled land, stabilise previously undermined land to allow for future permanent development, remove hazards such as mine gases and polluted mine drainage, or, if not, would provide other local or community benefits; • the Council is satisfied that there are no objections which cannot be overcome through the expeditious use of conditions or planning agreements from residents, owners, tenants or occupiers of properties located within 500 metres of the proposed working face of the site; • the total period of extraction and restoration within the 500 metre buffer zone does not exceed a period of 12 months • the proposed extraction does not involve any blasting operations within the 500 metre buffer zone; and
• the extraction or operational area does not encroach within 100 metres of the community, group of dwellings, individual dwellinghouse(s) or sensitive establishment concerned. The Garlaff development would not conflict with the provisions of Policy MIN26. (xxiv) Policy MIN27: Protection of areas of nature conservation interest from adverse effects of opencasting. (xxv) Policy MIN28: Protection of built heritage resources and the natural environment from adverse opencast proposals. (xxvi) Policies MIN29 and MIN30 : Protection of landscape and protection of tourism and recreational resources It is considered that the proposed development would not conflict with the above policies. (xxvii) Policy MIN31: Protection of landscape value and quality of areas from opencast developments. The Environmental Statement for the Garlaff extension incorporates a section on visual and landscape impacts. The Environmental Impact Assessment process has recognised that mitigation is required to avoid or reduce visual and landscape impacts. (xxviii) Policy MIN32 : Protection of water resources. It is not considered that the proposed development would conflict with this policy. (xxix) Policy MIN33: The Council will, if mindful to grant planning permission for an opencast coal development and if considered appropriate, request an applicant to enter into an agreement with the Council under Section 75 of the Town and Country Planning (Scotland) Act 1997 in order to regulate, by agreement, such matters as cannot adequately be regulated by the imposition of planning conditions. The applicant has indicated a willingness to enter into a Section 75 Agreement in respect of the matters contained within Policy MIN33. (xxx) Policies MIN34 and MIN35: Mineral Trust Fund contributions encouraged in respect of opencast operations to be used for community improvements. Submission of appropriate information on coal extracted from site.
Page 1 and 2: EAST AYRSHIRE COUNCIL SOUTHERN LOCA
Page 3 and 4: development site that could not be
Page 5 and 6: (i) The provision of a Restoration
Page 7 and 8: EAST AYRSHIRE COUNCIL SOUTHERN LOCA
Page 9 and 10: tipping capacity in order to facili
Page 11 and 12: Skares Road opencast coal site. In
Page 13 and 14: amended). The existing Part B Autho
Page 15 and 16: At present, the existing Garlaff si
Page 17 and 18: Under the existing planning consent
Page 19 and 20: Ayrshire area, policies E17 to E19
Page 21 and 22: in the context of surrounding land
Page 23 and 24: taken place, on a cell-by-cell basi
Page 25 and 26: management Licence and IPPC permit
Page 27 and 28: It is considered that the Garlaff s
Page 29 and 30: necessary in this case to seek the
Page 31 and 32: The proposed extraction of coal fro
Page 33 and 34: Although the Scottish Wildlife Trus
Page 35 and 36: these circumstances, proposals for
Page 37 and 38: (ii) Policy CS5: The Council will,
Page 39 and 40: • operational details, restoratio
Page 41 and 42: • Any authorised development is s
Page 43 and 44: There is some employment associated
Page 45 and 46: It is considered that the proposed
Page 47 and 48: • cause or exacerbate excessive a
Page 49: (xix) Policy MIN21: Expectation for
Page 53 and 54: As indicated in Section 5 above, th
Page 55 and 56: Environmental Health Division, such
Page 58 and 59: Form TP24A EAST AYRSHIRE COUNCIL TO
Page 60 and 61: 12. In the first available seeding
Page 62 and 63: 29. An appropriate noise-monitoring

Garlaff landfill Site, Skares - Barr Ltd - East Ayrshire Council

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