Question from: County Councillor Karen Laurie-Parry Subject: Quarrying on Private Land
Please will the Cabinet Portfolio Holder confirm the requirements of Powys County Council:
1) Is Planning Permission or other Powys County Council Consent, required for quarrying of stone on privately owned property/land?
2) Where stone is quarried on privately owned property/land, is it correct that this is permissible, when the quarried stone is to be used for the private owners purposes on the same location of property/private land?
3) Where stone is quarried on privately owned property/land, under Powys County Council’s regulations can the stone be transported for private owner’s use but on another of the same owners property/land, in a different location and in fact Ward?
4) Audit Committee recently approved the signing of a Memorandum of Understanding with Herefordshire County Council regarding the transportation of quarried aggregates.
a) Please may I ask can you fully explain the legally binding contents of this Memorandum of Understanding?
b) Does Powys County Council apply same legally binding understanding of this legal document, on the movements of quarried aggregates apply, if undertaken by Powys County Council private land/owners and private company hauliers.
5) When quarried stone is delivered to development sites, for construction work purposes within Powys County Council area, are all development site’s Clerk of Works expected to receive copy Quarry purchase ticket/ Movement Ticket to support the quarried stone’s origin?
6) In the case of Powys County Council construction work developments, please can you confirm, who is the responsible Officer in Powys County Council or delegated by County Council for such monitoring of Quarried Stone?
Response by the Portfolio Holder:
Response to questions 1 – 3.
Permitted development rights are set out by statutory instruments including The Town and Country Planning (General Permitted Development) Order 1995, as amended. This Order provides that certain types of mineral extraction are permitted development, subject to meeting specified conditions, and do not require planning permission. Otherwise, planning permission will be required. The Order can be read here: The Town and Country Planning (General Permitted Development) Order 1995 (legislation.gov.uk) Any person planning to extract stone within the Local Planning Authority area should utilise the Council’s pre-application service to determine whether planning permission would be required.
Response to Question 4a
Herefordshire County Council approached Powys County Council with the Memorandum of Understanding in order to evidence its ‘duty to co-operate’ requirement in accordance with the development plan regulations that apply in England.
Response to Question 4b
The Memorandum of Understanding is between Herefordshire County Council and Powys County Council, and no other party, and is in place to support development plan preparation.
Response to Question 5
This is a matter between the supplier and purchaser of the stone.
Response to Question 6
Responsibility for construction works varies according to the individual project.