10/58824/FULEIA
APPLICANT: / William Sinclair Horticulture LtdLOCATION: / Chat Moss Peat Works, Land North West Of Twelve Yard Road
Irlam
PROPOSAL: / Variation of Condition 1 of Planning Permission 91/28449/FUL to allow the Extraction of Peat until 31st December 2025 with restoration to be completed by 31st December 2027
WARD: / Irlam
APPLICATION No: /
10/58825/FULEIA
APPLICANT: / William Sinclair Horticulture LtdLOCATION: / Chat Moss Peat Works, Land North West Of Twelve Yard Road
Irlam
PROPOSAL: / Variation of Condition 2 and 9 of Planning Permission 97/37333/FUL To allow the Extraction of Peat until 31st December 2025 with restoration to be completed by 31st December 2027, and to amend the working hours to 07:00 - 1900
WARD: / Irlam
APPLICATION No: /
10/58826/FULEIA
APPLICANT: / William Sinclair Horticulture LtdLOCATION: / Chat Moss Peat Works, Land North West Of Twelve Yard Road
Irlam
PROPOSAL: / Variation of Condition 1 of Planning Permission 91/28450/FUL to allow the Extraction of Peat until 31st December 2025 with restoration to be completed by 31st December 2027
WARD: / Irlam
Description of Site and Surrounding Area
The area known as ’12 Yards Road’ or ‘Chat Moss’ is a peat extraction site covering a total of 90 hectares, located north of Twelve Yards Road, on Cutnook Lane in Irlam. Although worked as one site by one operator, the site has 5 planning permissions – 2 are in Wigan and 3 are in Salford. It is the 3 permissions in Salford that are the subject of this report and will be referred to collectively throughout
The extraction boundaries cover approximately 61 hectares and are currently used for the extraction of peat. An additional 14 hectares is in restoration at the present time being returned to Sphagnum bog, which is the natural state. This restoration area is a broad strip running north west/south east and is located immediately east of the active peat working area. There is an additional 15 hectares which is in a state of informal restoration which is located within the southern portion of the site
The northern limit of extraction is defined by the Liverpool - Manchester railway line which separates this peat extraction site from peat and sand/gravel operations to the north located at Astley Moss. The southern limit of extraction is effectively defined by Twelve Yards Road, although only one of the smaller permissions to the south east actually abuts this road.
The site is covered by a number of planning permissions, although there is no marker on the ground to distinguish individual permissions, the site is being operated as ' one site' with peat extraction taking place on a rotational basis. A description of the permission areas is given below;
91/28449/FUL
The largest of the three sections of the site which lie within Salford is located to the east of the Wigan/Salford administrative boundary and is covered by permission reference 91/28449/FUL which was granted in 1994. This permission area includes the restoration area known as the Twelve Yards Road SBI, which runs in a broad strip adjacent to the eastern limit of the extraction area.
91/28450/FUL
To the south west of 91/28449/FUL lies permission 91/28450/FUL which was granted at the same time. This permission lies to the south of the Wigan/Salford administrative boundary and extends south towards Twelve Yards Road. The main access to the site forms the eastern boundary of this portion of the site. The southernmost portion of this area has been worked out, to leave below 2m depth of peat and is presently in an informal state of restoration, with no agreed plan being in place for the restoration of the site.
Agricultural land lies to the south and west of these two permissions with, woodland adjoining to the east.
97/37333/FUL
The smallest of the section of the site within Salford is covered by permission reference 97/37333/FUL which was granted in 1998. The site is situated to the south east of the largest section and is better distinguished as forming a 'big toe' to the central areas of peat extraction.
Woodland lies to the north and west of this permission, Twelve Yards Road is immediately to the south.
Permissions in Wigan
Immediately to the north west of the Salford sections of the site are two permissions for extraction which are within Wigan. These sections are covered by two permissions which adjoin residential properties on Astley Road. The largest of these permissions – A36475/91 wraps around the eastern end of a belt of dwellings located off Astley Road.
The southern and eastern boundaries of this permission adjoin in Salford’s permissions 91/28450/FUL and 91/28449/FUL respectively, with the northern boundary adjoining the Liverpool-Manchester Railway.
The smaller of these permissions – A31651/89 adjoins the larger permission, to the east and adjoins residential properties off Astley Road to the north.
Other Permissions -17-3-1167
The Chat Moss site also comprises a permission located to the west of permission reference 91/28450/FUL and south of Wigan permission reference A31651/89.
The permission dates back to 1963 (17-3-1167) and is a historic permission. Whilst this site is not the subject of the current applications, this portion of the site is operated in accordance with the conditions of the more recent planning permissions on the site.
An area within the western portion of this site has been worked to leave below 2m in depth of remaining peat. Agricultural land lies to the north, south and west of this permission area.
The majority of the site, with exception to the restoration area, known as the Twelve Yards Road SBI is under active peat extraction, with operations which involve the milling of the top layer of the peat taking place between April and September. As stated above, there is also a portion of the site, to the south of the site covered by permission reference 91/28450/FUL, which is in the process of being restored.
Whilst this area is subject to breach of the planning permission which governed the minimum peat depth of 2 metres, this breach is historic and occurred prior to the present operators, William Sinclair, having involvement in the site.
The borders of the site are roughly defined by trees, shrubs and grass strips, the active areas of the site resembles an undulating brown/black substrate, which is permeated by drainage ditches which drain the peat, allowing the peat to dry out so it can then be harvested. The main operation/storage area is located adjacent to the southern entrance of the site, off Twelve Yards Road. There is also another peat storage area located to the west of the operation adjacent to Railway View Farm.
Twelve Yards Road SBI, the restoration area, is characterised by peat bunds that have been used to form cells, which then fill with water, and then 'seeded' with Sphagnum propagates with the aim of decolonising this area to lowland bog. There is a 30m buffer zone separating this restoration and the active peat working area which included within these applications.
This area has been managed by the Lancashire Wildlife Trust (Wildlife Trust for Lancashire, Manchester and North Merseyside) for Salford City Council under lease from the land owner, until the expiry of the current permission in December 2010.
Beyond the boundaries of the site, the landscape is mainly characterised by drained agricultural land. The majority of Chat Moss, once a large peat bog, has been drained and turned to use for agriculture. The near flat topography, combined with bordering hedges, trees and the railway line prevents views into the site, although rights of way do pass through the site.
Description of Proposal
The end date for peat extraction on the permissions which are the subject of the planning applications is the 31st December 2010.
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In view of this, the proposal seeks to:
· Extend the end date for peat extraction operations from Dec 2010 to December 2025. The requirement to leave a minimum depth of 2m of peat on the site would be retained.
· Extend the end date for restoration to December 2027
· Amend the permitted restoration of the site from an ‘amenity’ use to bog habitat, with an element of progressive restoration.
· Reduce the period of the working day from the currently permitted 0600-2000hrs to 0700-1900hrs (this part of the proposal is an amendment put forward in the revised ES)
· Introduce a scheme of phased working, restoration and 15 year aftercare period. (this part of the proposal is an amendment put forward in the revised ES)
It is proposed that all three permissions within Salford which these applications relate to, would be amended to include the same end date for the cessation of peat extraction, the same working hours and include a condition limiting peat extraction down to a minimum level of 2m (in relation to the underlying strata). The phased working, restoration and aftercare will also be consistent across all three permissions.
Similar applications have been submitted in Wigan, although these are presently undetermined.
It is noted that extraction has now recommenced on the site in breach of planning control. The Council has taken separate action on this and members are advised that they must judge the current submissions on their merits against the development plan and all other material considerations.
Draft Heads of Terms
The proposal also includes a draft Heads of Terms for a unilateral legal agreement between the William Sinclair Ltd (the operator) Peel Environmental Ltd (the landowner) Salford City Council and possibly Wigan Council. The Heads of Terms provided include:
1. No further applications for peat extraction would be submitted on the Chat Moss site beyond the proposed end date of 2025.
2. Any conditions that apply to the planning permissions that are currently in the process of being varied would also apply to planning permission 17-3-1167 which is located in the south west corner of the site.
3. The restoration of the whole site would be to bog habitat. Provision would be made for the long term aftercare of the site.
4. A further lease at a nominal annual rent would be offered to Salford City Council for the land known as the Twelve Yards Road SBI. The existing lease expired in 2010.
5. Provision of a sum of £3000 per annum to Salford City Council; or the equivalent in manpower and machines, for the maintenance and management of the SBI.
6. The applicant will retain a minimum depth of 2 metres of peat beneath the harvest area.
7. Peat extraction operations to commence at 0700hrs rather than 0600hrs currently permitted.
It is considered that bullet points 6 and 7 are unnecessary in any legal agreement as they would be imposed as a condition to any grant of planning permission.
Publicity
Earliest Decision Date: 7th February 2011
Site Notice: Article 8 site notice displayed 25.05.2010
Reason: Article 8
Site Notice: Site Environmental Statement displayed 25.05.2010
Reason: Planning Application with Environmental Impact Assessment
Press Advert: Article 8, Life in Salford – June 2010 issue
Reason: Article 8 – Major Planning Application
Press Advert: Environmental Statement. Life in Salford – June 2010 issue
Reason: Planning Application with Environmental Impact Assessment
Additional Publicity
Press Advert: Additional information submitted within the Environmental Statement - Salford Advertiser – 13th January 2011
Reason: Revised Information submitted within the Environmental Statement
Site History
17/3/1004 – Building and use of land for peat cutting – Approved 15.12.1961
17/3/1167 – Erection of building and use of land for peat processing – Approved 12.06.1963
E/11002 – Cutting of peat – Approved 01.09.1981
E/20625 – Extraction of peat – Withdrawn 23.07.1987
E/22095 - Extraction of peat for horticultural composting – 17.02.1988
E/24741 – Extraction of peat for horticultural composting – Approved 19.12.1990
91/28449/FUL - Continued use of land for extraction of peat with variation of conditions imposed on planning permission E11002 – Approved 15.07.1994
91/28450/FUL – Continued use of land for peat extraction with variation of conditions imposed on planning permission E22095 – Approved 15.07.1994
97/37333/FUL – Variation of planning permission E/24741 to change the method of peat extraction from sod cutting to surface milling and similar modification of the legal agreement covering the whole of the existing Chat Moss peat working site – Approved 14.08.1998
Neighbour Notification
The following properties were notified of the applications;
Moss Farm, Cutnook Lane, Irlam, M44 5ND
Oxcheek Farm, Cutnook Lane, Irlam, M44 5NA
Barton Moss Farm Cottage, Twelve Yard Road, Irlam, MANCHESTER, M30 7RN,
Woodbarn Farm, Twelve Yard Road, Irlam, MANCHESTER, M44 5LY
Birch View Farm Off, Raspberry Lane, Irlam, MANCHESTER, M44 5LY,
Oakfield Farmhouse, Raspberry Lane, Irlam, MANCHESTER, M44 5WA,
Manor Farm Off, Twelve Yard Road, Irlam, MANCHESTER, M30 7RW,
Birch Farm Off, Twelve Yard Road, Irlam, MANCHESTER, M30 7RW,
Representations
Overall in excess of 570 objections have been received in response to publicity of the applications. Approximately 450 objections were received in the initial round of consultation, with approximately 120 further objections being received in response to the revised Environmental Statement consultation.
It is noted that many of the objections are objections to all the three applications, so the total number of objections will be substantially higher, it is also noted that some of the objections received as a result of the latest round of consultation are likely to be additional objections from individuals who responded to the initial consultation.
The objections included are from residents and interest groups and include an objection from the ward councillor and an objection from Barbara Keeley MP which has been restated following the latest round of consultation. One letter of no objection and two letters of support have also been received in response to the application;
The following represents a summary of the comments received. Whilst it is not the full text, it represents the key points that have been expressed regarding this proposal.
Object
· Conservation of peatland
· Should insist site is restored to active bog now
· Peat free alternatives are available, including those based on recycled garden waste
· Importation of peat from abroad would increase costs therefore discouraging use