agenda item 8politics.leics.gov.uk/documents/s88624/8 hanson ltd desford brickworks romp.pdfusing a...

DEVELOPMENT CONTROL AND REGULATORY BOARD

21ST NOVEMBER 2013

REPORT OF THE CHIEF EXECUTIVE

COUNTY MATTER

PART A – SUMMARY REPORT

APP. NO. & DATE: 2013/0599/04 (2013/ROMP/00181/LCC) – 5

th July 2013

PROPOSAL: Application for determination of conditions for mineral site under schedule 14 of the Environment Act 1995: periodic review of permission no. 1997/0659/04.

LOCATION: Desford Brickworks, Heath Road, Bagworth (Hinckley & Bosworth Borough).

APPLICANT: Hanson Building Products Limited.

MAIN ISSUES: Restoration of the site, impacts upon local amenity, rights of way, protected species.

RECOMMENDATION: APPROVE subject to the 43 conditions as set out in appendix 1 to the main report.

Circulation Under the Local Issues Alert Procedure Mr. D. A. Sprason CC

Officer to Contact Mr. P. Bond (Tel. 0116 305 7325) Email: [email protected]

Agenda Item 815

DC&REG BOARD 21/11/2013

2013/0599/04 (2013/ROMP/0181/LCC) – continued

Background Information

1. Schedule 14 of the Environment Act 1995, as amended by the Growth &

Infrastructure Act 2013, requires all mining sites to be periodically reviewed no earlier than every 15 years from the date of either a previous review or, in Desford Brickworks’ case, from the date of the latest substantive mineral permission relating to the site. The review process aims to allow the County Council to update the older mineral planning permissions by imposing modern operating, restoration and aftercare conditions.

2. Periodic reviews are for planning permissions for mineral extraction or the

deposition of mineral waste granted after 22nd February 1982. The County Council is required to impose a deadline on the operators/holders of these permissions to submit an application for updated conditions.

3. As with normal planning applications for mineral development, the application

for a new scheme of conditions is required to go through a statutory consultation process and publicity procedures before being determined. Unlike normal planning applications, refusing an application for updated planning conditions is not an option.

4. The latest substantive planning permission at Desford Brickworks is dated 7

th

July 1998 and therefore the County Council agreed that the periodic review should be submitted by the 7

th July 2013 and it was to be accompanied by an

environmental statement.

Site Location 5. This application covers the operational quarry area at the Desford Brickworks

site, but does not cover the main brickworks buildings and brick storage areas. The application site is located 1250 metres to the south of the villages of Bagworth and Thornton and about 200 metres to the west of Merry Lees.

6. Access to the brickworks is generally taken from Heath Road, approximately

500 metres to the north west of the quarry void. A further access is available to the south east of the quarry through the Merry Lees Industrial Estate, although the applicant prefers to use the Heath Road access for most of its deliveries and exports. Immediately adjacent to the Merry Lees Industrial Estate runs the main Leicester – Burton railway line.

7. The nearest property to the application site is Heath Farm, which is located

within the site boundary. This property is owned by the applicant and a tenant farmer currently lives there. The current permission permits the extraction of clay under the property and, towards the end of the life of the permitted operation, the house will be demolished.

8. Heath House is located adjacent to the south western boundary of the quarry

along Heath Road, with Woodside Farm about 370 metres to the west of the site. Other properties close to the site include nos. 1-8 Merry Lees Road to the south east of the site.

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 9. The main ancillary buildings, production facilities and brick storage areas are all

located to the north of the main quarry void and are well screened from views from outside the site by extensive tree planting and mounds from on site landscaping.

10. In addition to the on site landscaping, the application site and adjoining

brickworks buildings are further screened by the landform and extensive tree planting within the Bagworth Heath Woods site, located immediately to the west of the site and old colliery spoil heaps remaining from the old Desford Colliery.

11. Footpaths around the application site include R70, which skirts the site in a

horse shoe shape, linking Heath Road in the west and Footpath R71 to the north east of the brickwork buildings. Until recently, parts of R70 and R71 crossed the permitted extraction area, but were formally diverted on to their present lines to allow quarrying to progress.

12. The site is identified within the Hinckley & Bosworth Local Plan as Countryside,

within a Local Landscape Improvement Area and within the boundary of the National Forest.

Planning History 13. Mineral extraction has taken place at the Desford Brickworks site since the 19

th

Century, with the first workings mainly for coal at the previously adjoining Desford Colliery. The first planning permission for clay extraction dates back to 1948 (ref. A. 68/48). Further small quarry extensions were permitted in 1957, 1967 and 1987. The current extraction operations were permitted in 1998 under application ref. 1997/0659/04. This permission consolidated older quarrying permissions and allowed for a large extension to the east, known as the ‘Heath Farm Extension’. It is the conditions attached to the 1998 permission that are the subject of this review. The brickworks buildings operate under a number of stand alone permissions, all of which link the use of the buildings to the life of the quarry serving the brickworks.

Description of Proposal

14. Hanson Building Products (HBP) has submitted a schedule of conditions under

the minerals review procedure of the Environment Act 1995. The proposed conditions seek to consolidate and update the conditions on the existing planning permission on site related to the winning and working of minerals. A copy of the applicant’s proposed conditions is reproduced in Appendix 2.

15. The current operations at the Desford Brickworks facility include extraction,

processing and manufacturing of brick products. However, this submission only covers the extractive element of those operations which have been assessed within the supporting Environmental Statement.

16. The environmental statement assesses the following matters and provides

additional information regarding operations on site relating to:

• Hydrology & Hydrogeology

• Soils and Geology

• Landscape and Visual Impact

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• Ecology and Nature Conservation

• Highways and Transportation

• Public Rights of Way

• Noise

• Air Quality

• Archaeology and Cultural Heritage

• Restoration

• Socio – Economic Impacts

17. Desford Brickworks has an estimated reserve of 6.5 million tonnes of Mercia Mudstones. Extraction levels would continue to be around 250,000 tonnes per annum and therefore the existing quarry has an estimated life of about 26 years remaining.

18. Extraction at the site would continue in a vertical and lateral direction. The lateral extension, as permitted in 1998, would mostly see the quarry extend to the east towards Merry Lees Road. The extraction area would continue to be worked in a phased manner and worked in benches. Clay is currently being extracted from Phase 6 of a thirteen-phase program. Future development would be slightly different to that previously approved as the applicant states that, following a review of historic borehole data and the drilling of a further 6 new boreholes within Phase 9, the overburden depths in this area make a large part of this phase uneconomic to work the mineral. A revised Phasing Plan has been submitted.

19. Extraction of clay at the site is undertaken on a campaign basis, usually twice a year for about three-four weeks at a time. Excavated clay is loaded into dumpers by hydraulic excavators and taken to the clay stocking area adjacent to the brickworks by means of internal site haul roads. Stockpiles are created using a blend of clay resources designed to meet the production requirements of the brickworks. About 250,000 tonnes per annum is extracted from the quarry void, with another 20,000 tonnes per annum of other clays being imported for blending. Coal slurry is also imported and blended with the clays to control the carbon content of unfired bricks. This aids firing and also has an effect on the colour of the fired brick.

20. It is envisaged that the mobile plant to be used during clay extraction campaigns will remain the same. This typically comprises 3 x 30t Volvo dump trucks, a Kamatsu dozer and a Kamatsu 480 excavator.

21. The remaining land to be worked is a mix of sub-grades 3a and 3b agricultural quality. Top and sub soils are stripped ahead of any extraction and are placed either in storage mounds or directly placed onto restoration areas. The principle end use of topsoil and subsoil will be to ensure a high standard of restoration on the reinstated agricultural land and provide a good rooting medium for tree planting areas.

22. The extant approved restoration concept for the site is to a lake with peripheral agricultural restoration using retained higher grade soils, as well as grassland and woodland areas. The applicant proposes retaining this concept, with some minor modifications to the lake profile brought about by proposed revisions to the phasing scheme, most notably, the removal of a large part of Phase 9 due to unfavourable overburden to mineral ratios.

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 23. The ES states that the current traffic levels generated by the site would not

increase as a result of this submission and therefore the local highway network would not be adversely affected.

24. The approved working hours are, except in the case of an emergency, 07:00 to

19:00 Monday to Friday and 07:00 to 13:00 on Saturdays with no other operations (other than water pumping) to take place on Sundays, Bank or Public Holidays. There are no changes to the hours proposed.

Planning Policy

National Policy 25. The National Planning Policy Framework (NPPF) provides the government’s

policies for the delivery of sustainable development through the planning system. At paragraph 14 it advocates a presumption in favour of sustainable development, and for decision-taking this means (unless material considerations indicate otherwise): • approving development proposals that accord with the development plan

without delay; and, • where the development plan is absent, silent or relevant polices are out-of

date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably

outweigh the benefits, when assessed against NPPF policies; or - specific polices in the NPPF indicate development should be restricted.

26. Paragraph 17 of the NPPF includes core planning principles to underpin both plan-making and decision-taking. The principles aim to ensure that planning should inter alia: be plan-led; support sustainable economic development; and conserve and enhance the natural environment.

27. At paragraph 142 the NPPF recognises the essential role that minerals play in

supporting sustainable economic growth and quality of life. The NPPF seeks to ensure that there is sufficient supply of material to provide the infrastructure, buildings and energy and goods that the Country needs. The NPPF also acknowledges that minerals are a finite resource and can only be worked where they are found.

28. Paragraph 144 of the NPPF details advice for Authorities when determining

planning applications. This includes the need to ensure that: great weight is given to the benefits of the mineral extraction, including to the economy; there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and to take into account any cumulative effects; any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source and appropriate noise limits for extraction in proximity to noise sensitive properties are established; restoration and aftercare are undertaken at the earliest opportunity and carried out to high environmental standards, through the application of appropriate conditions.

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 29. Technical Guidance to the National Planning Policy Framework (TGNPPF)

provides additional guidance to Authorities to ensure the effective implementation of the planning policy set out in the NPPF in relation to mineral extraction. It covers the following relevant matters: the proximity of mineral workings to communities; dust emissions; noise emissions; and restoration and aftercare.

30. The TGNPPF advises that a programme of work should be agreed which takes

account of potential impacts, including the positioning of any plant, having regard to the proximity of occupied properties, as well as legitimate operational considerations. It advises on the control and mitigation of dust and noise emissions, and establishes the use of noise limits for mineral extraction, providing a framework for the setting of noise standards. Maximum limits at noise sensitive properties during normal working hours, evening and night-time periods are given, together with higher limits for certain short-term activities.

31. The TGNPPF seeks to implement the NPPF requirements to provide for the

restoration and aftercare of mineral sites at the earliest opportunity, carried out to high environmental standards. It advises on the use of a landscape strategy, reclamation conditions and aftercare schemes to achieve the desired after-use of the site following working.

Government Guidance 32. Mineral Planning Guidance Note 14: Environment Act 1995: Review of Mineral

Planning Permissions, provides government advice and policy on undertaking the review of mineral planning permissions under the Environment Act 1995.

The Development Plan

33. The starting point for the assessment of this review is the development plan,

which in this instance comprises the Leicestershire Minerals Core Strategy and Development Control Policies (2009), saved policies of the Hinckley & Bosworth Local Plan (2001) and the Hinckley & Bosworth Core Strategy (Dec. 2009). Relevant policies from the development plan have been used as the framework for the assessment section of this report.

34. The Leicestershire Minerals Development Framework: Core Strategy and Development Control Policies 2009 (CS) provides the spatial vision and

objectives, spatial strategy and development control policies for minerals development within Leicestershire up to 2021.

35. CS Policy MCS1 aims to ensure an adequate and steady supply of minerals in

a sustainable manner, and in accordance with the strategic objectives. CS Policy MCS3 covers the strategy for brickclay, which is (inter alia) to allow extraction to meet the likely demand at the site’s associated brick making. The Strategy also contains policies concerned with, the protection of the environment (MCS11), the National Forest (MCS14), the transportation of minerals (MCS16), and the reclamation and after-use of mineral sites (MCS17).

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 36. The Development Control Policies section of the CS contains a number of

policies for use in determining planning applications for minerals developments. Policy MDC4 seeks to protect Sites of Regional and Local Importance, including land or buildings in sport, recreational or tourism use. Policy MDC 5 seeks to protect the countryside from minerals development that would adversely affect the character of the landscape and countryside unless there is an overriding need for the development and Policy MDC7 seeks to ensure that archaeological interests are satisfactorily investigated prior to development taking place. Policy MDC10 seeks to protect the best and most versatile agricultural land and, where there is an overriding need for mineral development and there are no alternative sites, ensure that the soil resources are retained for restoration purposes.

37. Policy MDC12 states that permission will not be granted for development that

would have unacceptable adverse impacts on the health and amenity of local residents and Policy MDC13 seeks to prevent minerals development that would have unacceptable cumulative impacts on the local community and/or environment. Policy MDC18 states the matters that the County Council will try and control by way of planning conditions and Policies MDC20 and MDC21 seek to ensure that sites are restored to an acceptable standard, there are adequate aftercare arrangements in place and that mineral sites are reclaimed with an appropriate after-use in mind.

Saved Policies of the Hinckley & Bosworth Local Plan

38. Policy BE1 seeks to ensure a high standard of design and Policy NE5 states

that the countryside will be protected for its own sake and sets out criteria that have to be met in order for development to be acceptable in the countryside. Hinckley & Bosworth Core Strategy

39. Policy 21 seeks to ensure that development within the National Forest is sited and of a scale appropriate to its setting and that it respects the character and appearance of the wider countryside and does not adversely affect the existing facilities and working landscape of either the Forest or the wider countryside.

Consultations

Hinckley and Bosworth Borough (Planning)

40. No objection, subject to the development being in accordance with the

Leicestershire County Council minerals policies and the imposition of appropriate conditions.

Hinckley and Bosworth Borough (Environmental Health)

41. No objection and recommends the imposition of the proposed conditions.

Bagworth and Thornton Parish Council

42. No response received at the time this report was published.

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Environment Agency

43. No objection, subject to a minor revision to the wording of proposed condition

29 such that surface water discharge is limited to no more than 8 litres/second and the inclusion of conditions relating to compensatory ponds being created prior to existing ones being infilled, restoration design and great crested newt protection and enhancement measures.

Natural England

44. Originally objected to the proposals on the grounds of insufficient information

being provided on mitigation for impacts upon great crested newts. The applicant subsequently submitted additional information on great crested newts and Natural England has withdrawn its objection. In the light of the quality of soils available at the site, Natural England considers that agriculture is an acceptable after use for the site.

Highway Authority 45. No comment.

Leicestershire County Council – Landscape Advice

46. No objection, subject to minor amendments being made to the planting mix.

Leicestershire County Council – Ecology Advice

47. Has raised concerns primarily about the protection of the great crested newt and badger populations. Also requested clarification about the location of some noted trees and considers that the restoration plan is lacking in significant biodiversity features.

Leicestershire County Council - Archaeological Advice

48. No reply received at the time this report was published.

Leicestershire County Council - Rights of Way Advice 49. The Rights of Way Officer is satisfied that the proposal should not affect the

existing Rights of Way network around the quarries. Wishes to see new footpaths proposed following restoration to be dedicated, rather than permissive.

The National Forest Company 50. Notes that the proposed amendments in Phase 9 will lead to a loss of woodland

creation and requests that at least 16.3 ha of woodland planting takes place, in line with the current scheme. Also proposes that a reedbed be added to the proposed lake and that the areas of proposed woodland post restoration are better connected.

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Publicity

51. The application has been advertised by site notices and neighbour notification letters posted on 17

th July 2013. The application was also advertised in the

Leicester Mercury on 18th July 2013. No letters of representation have been

received.

Assessment of Proposals

52. Hanson Building Products Limited has submitted an application under the Environment Act 1995 to ensure the Desford Quarry site operates under modern planning conditions. The County Planning Authority does not have the power to refuse the application, but it can modify the submitted conditions provided that any further restrictions do not prejudice adversely to an unreasonable degree either the economic viability of operating the site or the asset value of the site, otherwise compensation may be payable. This submission needs to be assessed in accordance with Minerals Planning Guidance 14 and the Development Plan.

Noise

53. As part of the Environmental Statement that accompanied the schedule of conditions, a noise assessment was undertaken. The noise assessment was undertaken using monitoring results obtained from several locations around the site on 15

th May 2013. The noise assessment conclusions are based on worst

case scenarios, which may only last for a few weeks or even days each year. As the clay is extracted on a campaign basis, for the majority of the time there will be little, if any, plant operating within the quarry.

54. The calculated worst case noise levels from mineral extraction operations suggest that:

(a) Normal operations do not exceed the 55 dB LAeq,1h criterion considered as an upper limit for mineral extraction operations in the NPPF at three of the four locations considered.

(b) Without exception do not exceed the 70 dB LAeq,1h criterion considered a normally justifiable limit for temporary operations, such as soil stripping and bund construction at mineral extraction sites in the NPPF.

55. The exception location noted in point ‘a’ above is Heath Farm, which is located within the permitted quarry area, is owned by the applicant and is programmed to be removed as the quarry progresses. The applicant is proposing the following site attributable noise limits at the following representative locations:

• The Swallows 55 dB LAeq,1h • Woodside Farm 55 dB LAeq,1h • Site Entrance 55 dB LAeq,1h • Heath House Farm 57 dB LAeq,1h

56. The Environmental Health officer has assessed the proposal and has raised no objection. He supports the imposition of the proposed noise conditions. There have been no complaints regarding noise from the site and it is considered that, subject to the proposed conditions, the development can continue to operate without generating unacceptable noise impacts on the local community.

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Dust and Air Quality 57. The ES acknowledges that mineral extraction operations have the potential to

generate dust and other airborne pollutants in the immediate vicinity of the operations. Therefore, the ES identifies the potential dust sources and best practice dust control measures in order to minimise any such disturbances at nearby sensitive receptors. The current dust climate at the site boundary was also measured and a full PM10 assessment undertaken in line with the latest recommendations.

58. The ES concludes that it is unlikely that any significant decrease in local air

quality will occur due to the continued operation of Hanson Building Products Limited’s Desford operations. Any dust occurrence event will be limited and of short duration and will be minimised by implementation of the dust control recommendations. Also, with regard to PM10 dust levels from the site, analysis has been made of the air quality data. These results show that the Air Quality Objectives will not be exceeded and, therefore, that air quality will not be significantly affected by this development.

59. The Environmental Health officer has assessed the proposal and has raised no

objection. He supports the imposition of the proposed dust/air quality conditions. There have been no complaints regarding dust from the site and it is considered that, subject to the proposed conditions, the development can continue to operate without generating unacceptable dust and air quality impacts on the local community.

Hydrology and Hydrogeology

60. The development proposals will not result in any deepening of the approved quarry workings. The ES concludes that there are no implications for groundwater as all workings will be above the water table and pumping of groundwater is not required apart from minor seepages through the quarry floor. A Flood Risk Assessment has been undertaken which shows that a continuation of the current operations at Desford Quarry and the eventual restoration of the site will not result in any increase in the risk of flooding outside of the site.

61. Subject to a minor revision to the wording of proposed condition 29, the

Environment Agency raises no objection to the proposal. It is considered that suitable conditions can be imposed that would enable the quarry to continue operating without having a significant detrimental impact on groundwater, local watercourses and without creating a flood risk outwith the site boundary. It is considered that the proposal conforms with Policy MDC11 of the Minerals Core Strategy.

Soils and Geology

62. The ES states that a number of agricultural land classification surveys have been carried out. These have graded the land in almost equal proportions as a mix of sub-grade 3a and 3b, with sub-grade 3a being considered as good quality agricultural land. The top and sub soils will be utilised in the site restoration, with a significant part of the site being returned to agriculture.

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 63. Geological investigations at the site confirm that the site comprises Mercia

Mudstones overlain by a variable depth of glacial drift overburden, with the overburden including boulder clays and some sand and gravels. Following a re-evaluation of the underlying geology, it is has been decided that the depth of overburden in the approved Phase 9 means that working this phase is uneconomical and it will be left un-worked. There are no SSSI/RIG sites at the quarry. Natural England and the EA have raised no concerns regarding the management and reuse of the soils within the quarry site.

Landscape and Visual Impact

64. The ES contains a Landscape and Visual Impact Assessment (LVIA) which considers the existing/baseline situation against the proposed development. It suggests certain mitigation measures to minimise impacts on the landscape character and visual receptors, which include maintaining the campaign method working, early restoration of the southern perimeter of the site and new tree planting and management of the existing vegetation within the site.

65. The ES concludes that the landscape effects upon the site, its fabric and upon the local landscape character would be negligible. The quarry development would have no effect on any landscape designations, Conservation Areas, Listed Buildings, Historic Park and Gardens, Scheduled Monuments, Ancient Woodlands or SSSIs. Notwithstanding this, some residents of Thornton will be exposed to distant views of the upper sections of the faces on the southern boundary, although the ES considers this impact to be ‘negligible’. To further mitigate this it is proposed to undertake early seeding of exposed overburden or subsoil areas.

66. The ES goes on to state that the site will be progressively restored (albeit with a minor delay in restoration of the agricultural areas due to the reduced extraction within Phase 9) with a matrix of habitats proposed to complement the maturing landscape of the neighbouring National Forest areas. Overall, the assessment concludes that the significance of landscape and visual effects from the proposed development would be negligible.

67. The County Council's Landscape Officer has assessed the submission and notes that the area is covered by the National Forest’s landscape character assessment. It falls into the Ellistown Coalfield Village Farmland landscape type within the Leicestershire and South Derbyshire landscape character area. The officer considers that there is no conflict between this and the proposals now submitted and raises no objection. In the light of the above it is considered that the continuation of quarrying at the site would not generate an unacceptable impact on the character of the landscape or create unacceptable visual impacts on local sensitive receptors. The proposal accords with the thrust of policies MCS14, MDC5 and MDC6 of the Minerals Core Strategy.

Ecology and Nature Conservation

68. An Ecological Assessment has been carried out at the site and a report of the findings is contained within the ES. The ES notes that there are no internationally designated sites and one SSSI (Botcheston Bog) within 3km of the site. The SSSI is 2.05km from the site boundary. Within 3km there are also 5 Local Wildlife Sites, 4 Candidate Local Wildlife Sites, 9 Potential Wildlife Sites and 3 Ancient Woodlands.

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2013/0599/04 (2013/ROMP/0181/LCC) – continued 69. An extended Phase 1 survey of the site was carried out on 3

rd June 2013 with

several habitat types being noted, providing the potential for various important fauna groups, including bats, badgers, water voles, birds, reptiles and amphibians.

70. The assessment concludes that there are no habitats of international, national,

regional or county level within the site. The quarry ponds are of recent origin and under normal circumstances would be considered of low value. However, a small population of great crested newts has colonised these ponds which increases their value to borough level. There are also two mature trees, three important species-rich hedgerows and bat and bird populations of parish value. The plantation woodland, scrub, grassland and arable land were considered to be low value.

71. The ES considers that the development, without mitigation, could create

impacts of minor significance on trees, grassland, arable land, bats and breeding birds. It could also generate impacts of moderate significance on badgers, amphibians and great crested newts. To mitigate these impacts, the ES proposes the following measures:

• Alternative bat roosts to be provided via bat boxes; • Exclusion of bats from the farm buildings prior to demolition; • Resurvey of the two isolated mature trees prior to felling to check for

presence of bats (none noted at moment); • ‘Soft felling’ to be used on the two trees; • Removal of habitat that supports breeding birds to be undertaken

outside bird nesting season (March – August inclusive); • Repeat reptile surveys ahead of the loss of the meadow to the west

of Heath Farm; and • Relocation of great crested newts to three new compensatory ponds

to be created on the eastern side of the quarry within the previously restored area.

72. Following objections from the County Ecologist and Natural England, the

applicant submitted a revised Great Crested Newt Management Plan. This plan provided a clear newt mitigation strategy and both objections have since been withdrawn. The Environment Agency has also requested that a condition be imposed requiring a detailed scheme for the compensatory ponds to ensure that their design is suitable for the purposes proposed. In the light of the above and subject to appropriate conditions, it is considered that the continued quarrying operations can take place without causing unacceptable impacts on ecological interests, in accordance with Policy MDC4 of the Minerals Core Strategy.

Highways and Transportation

73. The overwhelming majority of the mineral extracted at the quarry is used to supply the adjoining brickworks using internal roadways only. However, clay and coal are also imported to the brickworks site, usually via the access through the Merry Lees Industrial Estate. Coal is generally imported over a 16-week period every two years, with around 6-8 HGVs per day bringing clay in for blending purposes throughout the year. No changes are proposed to the existing access arrangements and the ES concludes that there are no

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implications for the public highway arising from these movements. In the light of the above, and the fact that the Highway Authority has raised no objection, it is considered that the continuation of quarrying at the site can take place with no unacceptable impacts on the local highway network and local amenity.

Archaeology and Cultural Heritage 74. A desk-based assessment and field walking were undertaken in 1996 to

support the application for the Heath Farm extension. These assessments did not find anything of particular archaeological interest, although further investigatory work was identified as being required as and when the quarry developed towards its final phases. Conditions were placed on the 1998 permission requiring archaeological investigations ahead of extraction taking place. The ES considers that archaeological and cultural heritage matters were considered previously, and the situation at the site has not changed. It is considered that, subject to the imposition of similarly worded conditions covering archaeological investigations, the development can continue in an acceptable manner and in accordance with Policy MDC7 of the Minerals Core Strategy document.

Public Rights of Way

75. The ES states that no public rights of way are affected by the development proposals. This is because parts of public footpaths R70 and R71 used to cross the site but these have previously been formally diverted or stopped up. While this is accurate, post restoration, there is the potential to reinstate parts of those footpaths previously diverted, improving the public access in and around the site. The Rights of Way officer has requested that certain footpaths be created post-restoration, that they be dedicated and that certain sections of the currently diverted footpaths could then be extinguished as they would be superfluous.

76. The applicant has expressed its agreement to the proposed new footpaths, and

the dedication of such rights of way would require the prior signing of a S106 legal agreement, something which the applicant has stated that it would be amenable to signing. However, the ROMP process is not suited to S106 agreements and an agreement will be sought from the applicant separately.

Socio-Economic Impacts

77. Desford Quarry is the principal supplier of raw material to the adjacent brickworks. The quarry and the brickworks have a combined workforce of 82. The brickworks produces around 80 million bricks per annum, and uses local haulage and mobile plant to deliver its products and undertake quarrying operations. These are considered to be positive contributions to the local economy. The continued operation of the quarry is very important in keeping the brickworks operational and would ensure the long term employment of a significant number of employees and local contractors and the payment of business rates for the foreseeable future. Significant weight should be afforded to the economic benefits arising from the continuation of operations at the quarry.

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Restoration

78. It is important to ensure that the principles of proper restoration and aftercare are put in place so that work can be carried out in a phased manner towards its ultimate achievement so as to bring the land into beneficial use as soon as is practicable.

79. As part of the review the company produced a satisfactory restoration concept

that can be developed. The concept is based on the current approved restoration concept, with some minor modifications to the proposed lake profile brought about by the removal of a large part of Phase 9 from the working scheme. The modification to the lake profile would provide for a 70m wide south-eastern spur, giving the lake a more natural and irregular profile and would also benefit biodiversity with the potential for important reed bed planting in the shallower margins.

80. The proposed restoration scheme also allows for two areas of arable agriculture

afteruse. The higher grade soils for this afteruse would not become available until soil stripping within the latter phases (10-12) and therefore final restoration of the agricultural areas can not be completed until the best soils are available. As an interim measure, upon placement of overburden to appropriate final profiles, a temporary rye grass mix will be sown and used for grazing. When the higher quality soils become available, the grass ley would be ploughed in preparation for the placement of sub and then top soils.

81. A significant part of the site would be restored to woodland. A suggested

planting mix has been put forward, although the applicant proposes to submit a detailed planting scheme as part of a wider and more detailed restoration scheme within six months of the determination of this ROMP submission.

82. The National Forest Company supports the proposed reedbed habitat, but

wishes to see the detailed restoration plan quantify the areas to be restored to woodland, see restoration phasing plans be submitted and the compensatory great crested newt (GCN) habitats confirmed on the restoration plan. The County Landscape officer has raised no objection, although raises similar concerns to the EA regarding the viability of the proposed compensatory ponds for the GCN. The condition proposed by the EA should satisfy such concerns.

83. Overall, it is considered that the restoration concept plan and scheme

submitted forms an acceptable starting point for the submission of a much more detailed scheme in the near future. This would ensure that the site is restored to an acceptable standard and in an orderly manner, as required by Policy MCS17 of the Minerals Core Strategy document.

Conclusion 84. The review of the Desford Quarry mineral permission will result in an update of

planning conditions, taking into consideration modern working methods and techniques and the environmental standards required today. As part of the review process, various environmental issues were assessed, in particular

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ecology, noise and restoration. All significant environment effects can be suitably controlled and mitigated through the imposition of appropriate planning conditions. The proposed conditions submitted by Hanson Building Products Limited, as set out in Appendix 2, are recommended to be modified as set out in Appendix 1.

85. Under Paragraph 13 of schedule 14 of the Environment Act 1995 the County

Council is required to consider the recommended conditions and whether the conditions would restrict the working rights of the site to an unreasonable degree. The proposed recommended conditions should not restrict the working rights at Desford Quarry and are considered to be reasonable. The company has confirmed that the proposed recommended conditions set out in Appendix 1 would be acceptable.

Recommendation

86. It is recommended that planning permission 1997/0659/04 relating to the Desford Quarry site be subject to the conditions set out in Appendix 1.

Background Papers

87. Planning Permission No. 1997/0659/04.

30


2013/0599/04 (2013/ROMP/0181/LCC) – continued APPENDIX 1

SCHEDULE OF DRAFT CONDITIONS - LEICESTERSHIRE COUNTY COUNCIL Scope of Permission

1. This permission relates to the extraction of clays from land at the existing

Desford Quarry followed by the phased restoration to forestry and agricultural after-uses and the provision of a water feature for recreational and conservation use all within the land shown edged red on Plan reference D9-16 submitted with the ROMP application.

Duration 2. The extraction of clays shall cease by 31 December 2030 and the physical

restoration works shall be completed by 31 December 2032.

Approved Details 3. The development hereby approved shall be carried out in accordance with the

details contained in the submitted ROMP application dated July 2013 and the accompanying statement and drawings, received by Leicestershire County Council on 5

th July 2013.

Boundaries and Site Security 4. From the commencement of development until the completion of restoration the

operator shall:

a) maintain the perimeter hedges and protect the same from damage; and b) provide post and wire fencing to all working areas in the quarry.

Working and Phasing 5. The working, restoration and aftercare of the site shall only be carried out in

accordance with the phasing details shown on Plan reference D9-17 submitted with the planning application.

6. No excavation of clays shall be carried out within the following limits:

a) within 30 metres of Heath Road within the existing quarry area; b) within 20 metres of Heath Road within the Heath Farm Extension Area; c) within 30 metres of the eastern boundary with Merry Lees Industrial estate; d) within 20 metres of the north eastern boundary.

7. No materials shall be brought onto the site for the purposes of infilling the

excavated area or restoring the site. Infilling and restoration shall be carried out using only materials derived from within the application site.

31



Soil Stripping, Handling and Storage

8. Written notification shall be given to the Mineral Planning Authority at least 7

days before the commencement of soil stripping operations on any part of the site.

9. Before any part of the site is excavated or traversed by heavy vehicles or

machinery (except for the purpose of stripping that part or stacking topsoil on that part) or is used for the storage of overburden or for the construction of a road all available topsoil shall be stripped from that part.

10. All topsoil shall be retained on site and after stripping and the formation of

storage mounds the quantities shall be measured and recorded on a suitable plan which shall be submitted to the Mineral Planning Authority within one month of the survey taking place.

11. Topsoil shall only be stripped and transported when in a dry and friable

condition. 12. Prior to the commencement of soil stripping in each phase of the site a plan

indicating clearly defined haul routes to be used by plant and vehicles involved with the stripping and handling of soil and overburden shall be submitted for the written approval of the Mineral Planning Authority. The agreed haul routes or exposed overburden surfaces shall then be used at all times except for the express purposes of soil stripping or replacement operations.

13. Topsoil mounds shall only be constructed and retained in the locations shown

on Plan reference D9-18 submitted with the application. 14. Topsoil mounds shall be constructed with only the minimum amount of

compaction necessary to ensure stability. They shall be graded and where they are to remain in situ for more than 6 months or over the winter period shall be seeded with a suitable grass seeds mixture. The sward shall then be managed throughout the period of storage and kept weed free.

15. Topsoil mounds shall not be traversed by heavy vehicles or machinery except

during their construction or removal.

Restriction of Permitted Development Rights 16. Notwithstanding the provisions of Part 19 and 21 of the Town and Country

Planning (General Permitted Development) Order 1995 or any Order amending replacing or re-enacting that Order – no fixed plant or machinery, buildings structures and erections, or private ways shall be erected, extended, installed or replaced at the site without the prior agreement in writing of the Mineral Planning Authority.

32



Hours of Operation 17. a) no operations other than water pumping and the movement of clays from

the stockpile area to the brickworks shall be carried out at the site except between the following times:

0700 hours and 1900 hours Monday to Friday; and 0700 hours and 1300 hours on Saturdays;

b) no operations (other than water pumping) shall take place on Sundays or

Public or Bank Holidays. 18. Any operations which need to be carried out in cases of emergency outside the

specified hours shall be notified to the Mineral Planning Authority within 72 hours of its occurrence together with details of the reasons why operations were necessary.

19. Measures shall be taken within the site to ensure that the best practicable

means are used to control the emission of noise from the site and to ensure so far as is reasonably practicable that the operations carried out within the site do not give rise to nuisance at nearby residential properties.

20. During the permitted working hours the noise level (LAeq,1h free field) for the

period due to mineral operations and subsequent backfilling, shall not exceed an upper limit of 55 dB LAeq,1h free field as recorded at any inhabited property, with the exception of Heath House Farm, where the existing LAeq,1h is above this proposed level. The following limits shall not be exceeded:

The Swallows 55 dB LAeq,1h Woodside Farm 55 dB LAeq,1h Site Entrance 55 dB LAeq,1h Heath House Farm 57 dB LAeq,1h

21. Noise levels arising from soil stripping and replacement and the construction and removal of soil and subsoil mounds (temporary operations) shall be minimized as far as is reasonably practicable and shall not exceed 70 dB (LAeq, 1hr) freefield at any noise sensitive property. Temporary operations which exceed the normal day to day criterion set out in condition no. 20 shall only be carried out between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 12:00 on Saturdays and shall be limited to a total of 8 weeks in any 12 month period. Advance notice of each temporary operation shall be given to the Mineral Planning Authority and the operator shall record the duration of each temporary operation, with such record being made available to the Mineral Planning Authority within 48 hours of a request for the information being made.

22. Noise levels arising from night-time operations (between the hours of 1900 and 0700) shall be minimized as far as is reasonably practicable and shall not exceed 42 dB (LAeq, 1hr) freefield at any noise sensitive dwelling.

23. Where possible, control measures shall be employed on site in accordance with BS 5228-1: 2009, such as:

33



(a) Avoid unnecessary revving of engines and switch off equipment when not required;

(b) Keep internal haul routes well maintained;

(c) Minimise drop heights of materials;

(d) Ensure machinery is regularly well maintained;

(e) Ensure perimeter bunds are to the required height, with no gaps or inconsistencies.

24. All vehicles, plant and machinery operated within the site shall be maintained in

accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers.

25. All audible warning devices fitted to vehicles, plant and machinery operating

within the site whilst affording suitable safety should be of a design that does not cause unreasonable noise intrusion to residential properties.

26. All operations shall be carried out in a manner to minimize the emission of dust

from the site. In order to control dust from internal traffic movements all haul roads within the site shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. Any dry exposed area/material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne. Dust filters shall be fitted where appropriate on all plant and machinery.

27. At such times as operations on site give rise in the opinion of the Mineral

Planning Authority to unacceptable levels of dust leaving the site such as during adverse weather conditions operations shall be temporarily suspended until such time as they can be resumed without causing nuisance either by a change in conditions or by taking additional measures.

Surface Drainage, Water Management and Pollution Protection 28. There must be no interruption to the surface water drainage system of the

surrounding land as a result of the works on site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively.

29. Surface water discharge shall not exceed 8 litres/second thereby limiting the

impact of flows upon the Rothley Brook during the site operations and following restoration works.

30. There shall be no discharge of foul or contaminated drainage from the site into

either groundwater or any surface waters whether direct or via soakaways. 31. Prior to the infilling of the existing on site ponds / lagoons, a scheme for the

provision and management of compensatory pond habitat must be submitted to and agreed in writing by the Mineral Planning Authority and implemented as approved. Thereafter the development shall be implemented in accordance with the approved scheme.

34


2013/0599/04 (2013/ROMP/0181/LCC) – continued The scheme shall: - • Clearly demonstrate that the three compensatory ponds proposed on site

will be created prior to the infilling of the existing ponds / lagoons; • Include a detailed design of the three compensatory ponds noting that the

design should aim to provide valuable pond habitat; • Ensure the substrate for the base and banks of the pond are naturally

nutrient poor, such as bare clay or sand; • Ensure any plant species chosen for planting are native and are of value to

amphibians such as great crested newts.

Archaeology 32. No development shall take place within the 4 zones of archaeological interest

shown on Plan 3 reference HBk-31/03 until the applicant has implemented a programme of archaeological work in accordance with a written scheme of investigation which has previously been agreed in writing with the Mineral Planning Authority.

Protected Species

33. The development shall not be carried out except in accordance with the

Desford Quarry Great Crested Newt Management Plan, prepared by Philip Parker Associates and dated 25

th September 2013.

Restoration

34. The site shall be reclaimed in a progressive manner in accordance with Condition Nos. 35 - 40 below. The restoration of the site shall be based on the restoration principle indicated on Plan reference D9-19 submitted with the application and provide for the restoration of new agricultural, woodland and water areas.

35. Within 6 months of the date of this permission a detailed scheme for the phased restoration, final landscaping and planting of the site shall be submitted for the written approval of the Mineral Planning Authority. The submitted scheme shall include details of:

a) the final levels of the site shown by a contour plan and accompanying cross sections;

b) the design and construction of the lake to ensure the lake is designed to substantially enhance the ecological value of the site;

c) ground preparation works including ripping and surface cultivation; d) soil replacement, including the depths of soil and the methods of soil

spreading; e) the planting of trees and shrubs and their maintenance including location,

species, size, number and spacing f) the seeding, fertilizing, watering, draining or other treatment of the land; g) the creation of public access routes, including the early reinstatement of

public footpaths; h) the location and type of fencing and gates; i) the treatment of the lake margins; j) timescales for implementing and completing the above works

35


2013/0599/04 (2013/ROMP/0181/LCC) – continued 36. Prior to the spreading of any topsoil on the agricultural restoration area the

overburden levels which should as far as practicable be in accordance with the final levels required by condition No 35 a) above shall be agreed with the Mineral Planning Authority.

37. Following the replacement of the overburden to agreed levels and before the

replacement of topsoil on the agricultural restoration area the upper levels of overburden shall be subsoiled (rooted) with a heavy duty subsoiler. Such treatment is to ensure that within a total depth of 1200mm of the final restored surface there is no:

a) shale, bind or other material injurious to plant life b) no rock, stone, boulder or other material capable of preventing or impeding

normal agricultural or land drainage operations including mole ploughing or subsoiling

c) no wire, rope, cable or other foreign objects; and d) no excessively compacted zone within 750mm of the final restored land

surface.

Following the above works the overburden surface shall be evenly graded to receive the topsoil and stones and other deleterious material at the surface which shall not pass through a 230mm diameter ring shall be removed from the site or buried on site not less than 2m below final surface contours.

38. Topsoil shall be evenly re-spread on the agricultural restoration area to a

minimum depth of 450mm and shall be rooted and cultivated. Stones greater than 100mm in any dimension shall be removed. Topsoil upon which other topsoil has been stored shall be similarly rooted and cultivated.

39. All operations involving soil replacement and cultivation treatments shall only be

carried out when the full volume of soil involved is in a suitably dry and friable condition.

40. The operator shall take all reasonable precautions to prevent the mixing of

topsoil and overburden. 41. Following the final restoration of any part of the site in accordance with the

restoration conditions detailed above the land shall be treated and managed over a 5 year period in accordance with an aftercare scheme. The scheme shall specify such steps as may be necessary to bring the land to the required standard for agriculture, forestry and amenity after-uses.

The submitted scheme shall:

a) be submitted for the written approval of the Mineral Planning Authority not

later than 3 months prior to the date on which it is first expected that the replacement of topsoil shall take place;

36


2013/0599/04 (2013/ROMP/0181/LCC) – continued b) provide an outline strategy for the five year aftercare period. This shall

specify the steps to be taken and the period during which they are to be taken and include the provision of a field drainage system and an annual meeting between the applicants and the Mineral Planning Authority in respect of the restored agricultural area; and

c) provide for a detailed annual programme to be submitted to the Mineral

Planning Authority. The programme for the first year shall be submitted not later than 3 months prior to the date on which it is first expected that replacement of topsoil shall take place and not later than 2 months prior to the annual aftercare meeting in respect of subsequent years.

42. The aftercare of the site shall only be carried out in accordance with the

approved scheme.

Cessation 43. In the event of the site operator confirming to the Mineral Planning Authority

that mineral extraction has been permanently discontinued at the site prior to the achievement of the completion of the approved extraction programme, an alternative scheme for the treatment and restoration of the site as so left and all other operational areas associated with the site shall be submitted to the Mineral Planning Authority for approval within 6 months of the permanent discontinuance of mineral extraction. The scheme shall include the following details:

a) the recontouring of the site; b) the removal of all buildings, plant and structures; c) the respreading of all available soils; d) the treatment of the land; e) landscaping and planting; f) aftercare provision.

The scheme as approved by the Mineral Planning Authority shall be commenced within 6 months of notification of determination and shall be fully implemented within a further 18 months or such other period as may be approved by the Mineral Planning Authority.

37



Reasons

1,2 For the avoidance of doubt and to ensure that the development is 3& carried out in accordance with the application. 7. 4. In the interests of quarry safety and visual amenity. 5. For the avoidance of doubt and to ensure that the development is carried

out in a satisfactory manner and to ensure restoration of the site can be undertaken at the earliest opportunity.

6. To ensure that the development is carried out in a satisfactory manner and

in the interests of stability of to adjoining land. 8. To ensure that the Mineral Planning Authority has the opportunity to check

that soil stripping operations do not occur under unsuitable conditions. 9,10, To minimise structural damage and compaction to the soil and to aid final 11,12 restoration. 14&15. 13. In order to protect the structure of the topsoil and in the interests of visual

amenity. 16. To allow the Mineral Planning Authority to control the siting, design and

appearance of plant, buildings and machinery which may have an effect on the amenities of the area.

17&18. To minimise the adverse impacts on local residents of noise generated by

operations on the site. 19,20 To minimise noise emissions from the site and to ensure that noise 21,22 emissions from the site are maintained at an acceptable level. 23,24 &25. 26&27. To minimise any adverse impacts from dust generated by the quarry

operations on local sensitive receptors. 28. To ensure the satisfactory provision of drainage facilities to serve the

development. 29. To ensure that new flooding problems are not created by the development. 30. To prevent pollution of the water environment. 31. To ensure that satisfactory compensatory habitats are provided on the site

in order to allow the transfer of protected species to acceptable alternative habitats.

38



32. To ensure satisfactory archaeological investigation in advance of mineral extraction taking place.

33. To ensure that Great Crested Newts are captured, handled and relocated in

an acceptable manner. 34,35 To ensure that the operational site areas are restored in an orderly manner 36,37 and to an acceptable condition capable of beneficial after-use. 38,39 &40. 41&42. To ensure that the restored area of the site are brought back to a condition

suitable for long-term beneficial use in the interests of local amenity and bio-diversity.

43. To ensure acceptable reclamation of the site takes place in the event of

premature cessation of the mineral working.

Informative

For optimum amphibian and Great Crested Newt habitat it will be very important for the applicant to demonstrate that the ponds will be capable of holding water for the majority of the year i.e. between February and October. In order for new ponds to provide optimal habitat the following environmental conditions must be met: -

1. Land use around the pond should be non intensive i.e. ponds should be sited ‘up hill’ of ground which is or will be regularly disturbed, preventing the input of nutrient rich silt ensuring the pond is filled with clean water.

2. Ponds should be designed to avoid stream, ditch or drain in flows as well as

flood water as this can bring polluted water and silt. The obvious risk to the ponds would be eutrofication from nutrient rich inputs and siltation, shortening the lifespan of the pond. Where possible ponds should be filled from either surface water draining from undisturbed land or from ground water.

3. Top soil should not be added or left near to the pond as it can be very high in

nutrients again leading to eutrophication. The ideal substrate for the base and banks of the pond are those that are naturally nutrient poor, such as bare clay or sand.

4. Management should only be undertaken to remove invasive species such as

water primrose (Luwigia grandifolia).

5. To ensure good quality habitat ponds should be designed with a lot of variation in pond depth, with a large draw down zone encouraging the establishment of a range of different plant and animal communities. For example levels should vary between 100mm – 1500mm with bed levels changing between those depths across the bed of the pond. Often a ‘spoon’ shaped design is preferable.

39


2013/0599/04 (2013/ROMP/0181/LCC) – continued APPENDIX 2

SCHEDULE OF DRAFT CONDITIONS - HANSON BUILDING PRODUCTS

Scope of Permission

1. This permission relates to the extraction of clays from land at the existing

Desford Quarry followed by the phased restoration to forestry and agricultural after-uses and the provision of a water feature for recreational and conservation use all within the land shown edged red on Plan reference D9/16 submitted with the planning application.

Duration 2. Unless otherwise agreed in writing with the Mineral Planning Authority the

extraction of clays shall cease by 31 December 2030 and the physical restoration works shall be completed by 31 December 2032.

Approved Details 3. Unless otherwise agreed in writing with the Mineral Planning Authority or

required by the conditions attached to this permission the development hereby approved shall be carried out in accordance with the details contained in the submitted ROMP application dated July 2013 and the accompanying statement and drawings.

Boundaries and Site Security 4. From the commencement of development until the completion of restoration the

operator shall:

a) maintain the perimeter hedges and protect the same from damage; and b) provide post and wire fencing to all working areas in the quarry

Working and Phasing 5. Unless otherwise agreed in writing with the Mineral Planning Authority the

working, restoration and aftercare of the site shall only be carried out in accordance with the phasing details shown on Plan reference D9/17 submitted with the planning application.

6. No excavation of clays shall be carried out within the following limits:

a) within 30 metres of Heath Road within the existing quarry area; b) within 20 metres of Heath Road within the Heath Farm Extension Area; c) within 30 metres of the eastern boundary with Merry Lees Industrial estate; d) within 20 metres of the north eastern boundary.

7. No materials shall be brought onto the site for the purposes of infilling the

excavated area or restoring the site. Infilling and restoration shall be carried out using only materials derived from within the application site.

40



Soil Stripping, Handling and Storage

8. Written notification shall be given to the Director of Planning and Transportation

at least 7 days before the commencement of soil stripping operations on any part of the site.

9. Before any part of the site is excavated or traversed by heavy vehicles or

machinery (except for the purpose of stripping that part or stacking topsoil on that part) or is used for the storage of overburden or for the construction of a road all available topsoil shall be stripped from that part.

10. All topsoil shall be retained on site and after stripping and the formation of

storage mounds the quantities shall be measured and recorded on a suitable plan which shall be submitted to the Director of Planning and Transportation.

11. Topsoil shall only be stripped and transported when in a dry and friable

condition. 12. Prior to the commencement of soil stripping in each phase of the site a plan

indicating clearly defines haul routes to be used by plant and vehicles involved with the stripping and handling of soil and overburden shall be submitted for the written approval of the Director of Planning and Transportation. The agreed haul routes or exposed overburden surfaces shall then be used at all times except for the express purposes of soil stripping or replacement operations.

13. Unless otherwise agreed in writing with the Director of Planning and

Transportation topsoil mounds shall only be constructed and retained in the locations shown on Plan reference D9/18 and submitted with the application.

14. Topsoil mounds shall be constructed with only the minimum amount of

compaction necessary to ensure stability. They shall be graded and where they are to remain in situ for more than 6 months or over the winter period shall be seeded with a suitable grass seeds mixture. The sward shall then be managed throughout the period of storage and kept weed free.

15. Topsoil mounds shall not be traversed by heavy vehicles or machinery except

during their construction or removal.

Restriction of Permitted Development Rights 16. Notwithstanding the provisions of Part 19 and 21 of the Town and Country

Planning (General Permitted Development) Order 1995 or any Order amending replacing or re-enacting that Order – no fixed plant or machinery, buildings structures and erections, or private ways shall be erected, extended, installed or replaced at the site without the prior agreement in writing of the Director of Planning and Transportation.

41



Hours of Operation 17. Unless otherwise agreed in writing with the Mineral Planning Authority:

a) no operations other than water pumping and the movement of clays from the stockpile area to the brickworks shall be carried out at the site except between the following times:

0700 hours and 1900 hours Monday to Friday; and 0700 hours and 1300 hours on Saturdays;

b) no operations (other than water pumping) shall take place on Sundays or

Public or Bank Holidays. 18. Any operations which need to be carried out in cases of emergency outside the

specified hours shall be notified to the Director of Planning and Transportation within 72 hours of its occurrence together with details of the reasons why operations were necessary.

19. Measures shall be taken within the site to ensure that the best practicable

means are used to control the emission of noise from the site and to ensure so far as is reasonably practicable that the operations carried out within the site do not give rise to nuisance at nearby residential properties.

20. During the permitted working hours the noise level (LAeq,1h free field) for the

period due to mineral operations and subsequent backfilling, shall not exceed an upper limit of 55 dB LAeq,1h free field as recorded at any inhabited property, with the exception of Heath House Farm, where the existing LAeq,1h is above this proposed level, and whose noise climate is already included by quarry noise. The following limits shall not be exceeded:

The Swallows 55 dB LAeq,1h Woodside Farm 55 dB LAeq,1h Site Entrance 55 dB LAeq,1h Heath House Farm 57 dB LAeq,1h

21. Noise levels arising from temporary operations such as soil stripping and the

construction and removal of soil mounds shall be minimized as far as is reasonably practicable and shall not exceed 70 dB (LAeq, 1hr.) freefield at any noise sensitive property and shall be limited to a total of 8 weeks in any 12 month period for any individual noise sensitive property.

22. Noise levels arising from night-time operations (between the hours of 1900 and

0700) shall be minimized as far as is reasonably practicable and shall not exceed 42 dB (LAeq, 1hr) freefield at any noise sensitive dwelling.

23. Where possible, control measures should be employed on site in accordance

with BS 5228-1: 2009, such as:

(a) Avoid unnecessary revving of engines and switch off equipment when not required;

42



(b) Keep internal haul routes well maintained; (c) Minimise drop heights of materials; (d) Ensure machinery is regularly well maintained; (e) Ensure perimeter bunds are to the required height, with no gaps or

inconsistencies. 24. All vehicles, plant and machinery operated within the site shall be maintained in

accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers.

25. All audible warning devices fitted to vehicles, plant and machinery operating

within the site whilst affording suitable safety should be of a design that does not cause unreasonable noise intrusion to residential properties.

26. All operations shall be carried out in a manner to minimize the emission of dust

from the site. In order to control dust from internal traffic movements all haul roads within the site shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. Any dry exposed area/material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne. Dust filters shall be fitted where appropriate on all plant and machinery.

27. At such times as operations on site give rise in the opinion of the Director of

Planning and Transportation to unacceptable levels of dust leaving the site such as during adverse weather conditions operations shall be temporarily suspended until such time as they can be resumed without causing nuisance either by a change in conditions or by taking additional measures.

Surface Drainage and Pollution Protection 28. There must be no interruption to the surface water drainage system of the

surrounding land as a result of the works on site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively.

29. There shall be no significant additional discharges to the Rothley Brook or

watercourses discharging into it during the site operations and following restoration works.

30. There shall be no discharge of foul or contaminated drainage from the site into

either groundwater or any surface waters whether direct or via soakaways.

Archaeology 31. No development shall take place within the 4 zones of archaeological interest

shown on Plan 3 reference HBk-31/03 until the applicant has implemented a programme of archaeological work in accordance with a written scheme of investigation which has previously been agreed in writing with the Director of Planning and Transportation.

43



Restoration 32. Unless otherwise agreed in writing by the Director of Planning and

Transportation the site shall be reclaimed in a progressive manner in accordance with Condition Nos. 35 - 40 below. The restoration of the site shall be based on the restoration principle indicated on Plan reference D9/19 submitted with the application and provide for the restoration of new agricultural, woodland and water areas.

33. Unless otherwise agreed in writing with the Director of Planning and

Transportation within 6 months of the date of this permission a detailed scheme for the phased restoration, final landscaping and planting of the site shall be submitted for the written approval of the Director of Planning and Transportation. The submitted scheme shall include details of:

a) the final levels of the site shown by a contour plan and accompanying cross

sections; b) ground preparation works including ripping and surface cultivation; c) soil replacement, including the depths of soil and the methods of soil

spreading; d) the planting of trees and shrubs and their maintenance including location,

species, size, number and spacing e) the seeding, fertilizing, watering, draining or other treatment of the land; f) the creation of public access routes, including the early reinstatement of

public footpaths; g) the location and type of fencing and gates; h) the treatment of the lake margins; i) timescales for implementing and completing the above works

34. Prior to the spreading of any topsoil on the agricultural restoration area the

overburden levels which should as far as practicable be in accordance with the final levels required by condition No 33 a) above shall be agreed with the Director of Transportation.

35. Following the replacement of the overburden to agreed levels and before the

replacement of topsoil on the agricultural restoration area the upper levels of overburden shall be subsoiled (rooted) with a heavy duty subsoiler. Such treatment is to ensure that within a total depth of 1200mm of the final restored surface there is no:

a) shale, bind or other material injurious to plant life

44


2013/0599/04 (2013/ROMP/0181/LCC) – continued b) no rock, stone, boulder or other material capable of preventing or impeding

normal agricultural or land drainage operations including mole ploughing or subsoiling

c) no wire, rope, cable or other foreign objects; and d) no excessively compacted zone within 750mm of the final restored land

surface.

Following the above works the overburden surface shall be evenly graded to receive the topsoil and stones and other deleterious material at the surface which shall not pass through a 230mm diameter ring shall be removed from the site or buried on site not less than 2m below final surface contours.

36. Topsoil shall be evenly re-spread on the agricultural restoration area to a

minimum depth of 450mm and shall be rooted and cultivated. Stones greater than 100mm in any dimension shall be removed. Topsoil upon which other topsoil has been stored shall be similarly rooted and cultivated.

37. All operations involving soil replacement and cultivation treatments shall only be

carried out when the full volume of soil involved is in a suitably dry and friable condition.

38. The operator shall take all reasonable precautions to prevent the mixing of

topsoil and overburden. 39. Following the final restoration of any part of the site in accordance with the

restoration conditions detailed above the land shall be treated and managed over a 5 year period in accordance with an aftercare scheme. The scheme shall specify such steps as may be necessary to bring the land to the required standard for agriculture, forestry and amenity after-uses.

The submitted scheme shall:

a) be submitted for the written approval of the Director of Planning and

Transportation not later than 3 months prior to the date on which it is first expected that the replacement of topsoil shall take place unless otherwise agreed in writing with the Director of Planning and Transportation.

b) provide an outline strategy for the five year aftercare period. This shall

specify the steps to be taken and the period during which they are to be taken and include the provision of a field drainage system and an annual meeting between the applicants, the MPA and MAFF in respect of the restored agricultural area.

c) provide for a detailed annual programme to be submitted to the Director of

Planning of Transportation. The programme for the first year shall be submitted not later than 3 months prior to the date on which it is first expected that replacement of topsoil shall take place and not later than 2 months prior to the annual aftercare meeting in respect of subsequent years.

45


2013/0599/04 (2013/ROMP/0181/LCC) – continued 40. Unless otherwise agreed in writing with the Director of Planning and

Transportation the aftercare of the site shall only be carried out in accordance with the approved scheme.

Cessation 41. In the event of the site operator confirming to the Director of Planning and

Transportation that mineral extraction has been permanently discontinued at the site prior to the achievement of the completion of the approved restoration scheme, an alternative scheme for the treatment and restoration of the site as so left and all other operational areas associated with the site shall be submitted to the Mineral Planning Authority for approval within 6 months of the permanent discontinuance of mineral extraction. The scheme shall include the following details:

a) the recontouring of the site; b) the removal of all buildings, plant and structures; c) the respreading of all available soils; d) the treatment of the land; e) landscaping and planting; f) aftercare provision.

The scheme as approved by the Mineral Planning Authority shall be commenced within 6 months of notification of determination and shall be fully implemented within a further 18 months or such other period as may be approved by the Mineral Planning Authority.

46


DEVELOPMENT CONTROL AND REGULATORY BOARD The considerations set out below apply to the preceding application.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children and Young People's Service and the Director of Corporate Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995. You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

COMMUNITY SAFETY IMPLICATIONS

Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPULSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that: “If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.” Any relevant provisions of the development plan (i.e. any approved Local Plans) are identified in the individual reports. The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications;

Section 77(4) : called-in applications (applying s. 70);

Section 79(4) : planning appeals (applying s. 70);

Section 81(3) : provisions relating to compensation directions by Secretary of State (this

section is repealed by the Planning and Compensation Act 1991);

Section 91(2) : power to vary period in statutory condition requiring development to be begun;

Section 92(6) : power to vary applicable period for outline planning permission;

Section 97(2) : revocation or modification of planning permission;

Section 102(1) : discontinuance orders;

Section 172(1) : enforcement notices;

Section 177(2) : Secretary of State’s power to grant planning permission on enforcement

appeal;

Section 226(2) : compulsory acquisition of land for planning purposes;

Section 294(3) : special enforcement notices in relation to Crown land;

Sched. 9 para (1) : minerals discontinuance orders.

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