Agenda item

Variation of condition 5 (restoration) of approved planning application 13/01492/VARCCM in order to allow for the restoration of the site to be completed as amended on 26 February 2021 and 16 June 2021

Halton Lea Farm, Brampton, Northumberland, CA8 7LS

Variation of Condition 5 (restoration) of approved planning application 13/01492/VARCCM in order to allow for the restoration of the site to be completed as amended on 26 February 2021 and 16 June 2021

Halton Lea Farm, Brampton, Northumberland, CA8 7LS

Members confirmed that they had viewed the drone footage and had no questions.

K Robbie, Planning Officer provided an introduction to the application with the aid of a power point presentation.   Members were advised that the date on the report should be 5 October 2021 and not 7 September 2021 and that the S106 Community contribution had now been agreed as £30,474 and would be paid within 14 days of the agreement.

In response to questions from Members of the Committee the following information was provided:-

·       The worst case scenario in mineral planning had happened in that the operator of the open cast site had gone into administration after all the coal had been removed.  The Council had followed good practice and had requested funds be deposited in the Council’s bank account for remedial works at the outset however, the American funder behind the open casting site had offered a restoration bond instead of depositing the funds.  It had been estimated that restoration of the site would be between £400,000 to £800,000 however when the operator went into liquidation it had debts of more than £9m and the Council was not a secured debtor.   If enforcement action had been taken to force them to pay the full restoration costs they could have just walked away from the site as there would be no inducement for them to do anything.  Officers looked at providing a restoration scheme that would tackle the issues on the site and would provide good practice biodiversity on the site rather than restore it for agricultural use and they had also negotiated a 30 year maintenance period for the land.  There had also been a Community Bond as part of the S106 that could not now be enforced, however working jointly with the American funder on the restoration scheme it had been agreed that any funds left from the restoration bond, once all bills had been paid, would be provided for the Community, with an initial figure being offered of £20,000, which had since increased.

·       The piece of land which it was proposed to transfer to the Parish Council, if they wished to accept, had not formed part of the open casting operations and did not need to be restored.  If the Parish Council wished to do anything on the land then a separate planning permission would be required. 

Councillor Hutchinson in proposing acceptance of the officer’s recommendation as outlined in the report and amended to take account of the agreement of the Community contribution thanked Rob Murfin and Katherine Robbie for all the work undertaken on this advising that this had gone on for 10 years and had been terrible for both local people and officers.  The proposal was seconded by Councillor Flux.

A vote was taken and it was unanimously

RESOLVED that the application be GRANTED subject to the conditions as outlined in the report and the completion of a S106 agreement to secure the following obligations:

·       Community contribution in lieu of the original Community Fund of £30,474.

·       S39 agreement for the extended aftercare of the site for biodiversity management of the site.

·       Remove obligations from the original S106 which were no longer relevant or required.

Councillors Wallace and Ball left the meeting at 5.45 pm