Agenda item

Extraction of coal and sandstone by means of surface working, transportation of mine waste from Unity Mine by haul road and its disposal with progressive restoration of site to forestry at Land at Bryncwm, Mynydd Resolven, near Cwmgrach.

RESOLVED:

That in accordance with the Officers’ recommendations, Application No. P2013/0491 be REFUSED on the following grounds: 

Reasons:

1.             Having regard to the national guidance in Planning Policy Wales 10 (December 2018), which states (para 5.10.14) that proposals for opencast proposals should not be permitted, the applicant has failed to demonstrate that there are wholly exceptional circumstances which would justify the extraction of coal for energy generation. The proposal would not therefore be globally responsible and would not support a healthier Wales in that it would have an adverse impact in terms of climate change, and would fail to accord with The Well-being of Future Generations (Wales) Act 2015;

2.             In terms of the proposed extraction of sandstone aggregate, the landbank of crushed rock in Neath Port Talbot is in excess of 35 years (SWRAWP Annual Report 2017), with a 42 year landbank of High Specification Aggregates (HAS) in South Wales. Within this context, there is no requirement for additional resources of crushed rock to be released while, even though insufficient evidence has been provided to demonstrate that the proposals relate to high specification aggregates (HSA), the existing HAS landbank in South Wales is more than sufficient to ensure an adequate supply. Accordingly, there are no exceptional circumstances in this case which warrant departing from Welsh National Minerals policy;

3.             The applicant has failed to submit acceptable proposals for effective sustainable extraction of the minerals, method and phasing of operations, the management of mineral waste and restoration/beneficial after-use, such that the proposal is contrary to Policy M4(5) of the Neath Port Talbot Local Development Plan;

4.             The applicant has failed to demonstrate that there would be no significant adverse impacts on the features and characteristics for which the Vale of Neath Special Landscape Area has been designated. Any such impacts, however, would not be outweighed in any event by any exceptional circumstances relating to the need for mineral extraction. Accordingly, the proposal is contrary to Policy EN2 of the Neath Port Talbot Local Development Plan;

5.             The applicant has failed to demonstrate that the proposed development would maintain and enhance biodiversity and contribute to the resilience of ecosystems insofar as there is an adverse impact on BAP habitat and important natural features and an adverse impact on protected species cannot be ruled out. Any such impacts, however, would not be outweighed in any event by any exceptional circumstances relating to the need for mineral extraction. Accordingly, the proposal is contrary to Policies EN6, EN7, SP17(4) and M4 (3) of the Neath Port Talbot Local Development Plan as well as not complying with the biodiversity duty contained in the Environment (Wales) Act 2015;

6.             The applicant has failed to demonstrate that the proposal would have no significant adverse impacts on the archaeological resource and the cultural heritage of the area. The impact of the proposed development on the cultural well-being of Wales cannot therefore be adequately assessed. Any such impacts, however, would not be outweighed in any event by any exceptional circumstances relating to the need for mineral extraction. Accordingly, the proposal is therefore contrary to Policy M4(3) of the Neath Port Talbot Local Development Plan;

7.             The applicant has failed to adequately demonstrate that the noise impacts associated with traffic along the haul road would not have a significant adverse impact on the amenities of nearby residents and the property known as Glyncastle, in particular. Any such impacts, however, would not be outweighed in any event by any exceptional circumstances relating to the need for mineral extraction. Accordingly, the proposal is therefore contrary to Policy SP16 and EN8 of the Neath Port Talbot Local Development Plan.