office use only monitoring of mineral and landfill ... · the scheme of working was approved on...

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Operational Area 20 - Wheal Prosper, Tregoss, Roche,

St Austell On 27th October 2014

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Planning Enforcement Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came

into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Great Wheal Prosper OA20, Trezaise, Roche, St Austell

Planning Permissions: 97/00965 dated 10.02.1998. Review of Mineral Planning Permissions.

07/00501/SEC73 dated 20.10.2009. Variation of boundary of operational area and area of extraction.

The above permission has superseded the following permission:

OA20 Great Wheal Prosper [R10.Env.OA20 (1) dated 21.09.2005. Submission of scheme relating to existing planning permissions for winning and working of china clay.

Legal Agreement(s): None Operator: Imerys (UK) Minerals Ltd Site Status: Active Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Stephanie Carlyon, Development Officer, Cornwall Council Date of Visit: 27.10.2014 Time on Site: 10.30 Time off Site: 11.40 Attendees: Sean Simpson – Imerys (Business Development Coordinator) Weather: Overcast, dry, heavy fog* Ground Conditions: Damp Report Author: Stephanie Carlyon, Development Officer, Cornwall Council *Due to heavy fog there was limited visibility

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3. Compliance with Planning Conditions 97/00965 dated 10.02.1998. Review of Mineral Planning Permissions

Condition Number and Description Condition 1. Time Limits

Except where it is provided otherwise in the conditions of the original permission, the Mining Operations to which these permissions relate shall cease after 21st February 2042 unless planning permission is granted for the continuation of operations beyond that date. Unless further permission has been granted for a continuation of operations beyond this period the site shall be reclaimed in accordance with the Restoration Conditions and Aftercare Conditions approved for the Operational Areas by 21st February 2047. Notes Following Visit This condition identifies that this permission will expire on 21.02.2042. Notwithstanding this, the conditions attached to this permission are subject to a periodic review. The application for Review of Mineral Permissions was submitted in February 2013 and is being considered by the Local Planning Authority.

Condition Number and Description Condition 2. The Extent of the Permissions

The development to which these Permissions relate shall be limited to the areas shown on the approved plan (the application Plan Drawing No. G/4/1/102) (the site). Notes Following Visit Plan G/4/1/102 refers to the entire 1998 China Clay ROMP planning permission area. Developments at Great Wheal Prosper have remained limited to the approved area. An extension to the western boundary of the Great Wheal Prosper Operational Area was approved as decision notice 07/00501/SEC73 dated 20.10.2009. The land falling within the historical planning permission 26974/C and in the north eastern corner of the operational boundary falls outside the ownership of company. Within this area, the disused Carbis Linhay and Brick Works is privately owned and has been redeveloped into residential properties. The old 'Glass Stone' quarry at Tresayes has been leased on a long term basis to the Cornwall Wildlife Trust and is retained as a nature reserve and site of geological interest.

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Condition Number and Description Condition 3. Nature of Development

The development to which these Permissions relate shall comprise the winning and working of china clay, china stone, mica, sand and allied minerals, the deposit of mineral waste and operations ancillary to mining (the Mining Operations) as specified in the original permissions. Notes Following Visit There were no operations being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear (see condition 19 for further details).

Photograph looking across Prosper Pit

Condition Number and Description Condition 4. Working Programme

The Mining Operations and the Restoration and Aftercare of the site shall be carried out in accordance with any existing conditions imposed upon the original planning permissions in addition to the supplementary conditions of this determination until such time as Schemes of Working, Site Access and Conditions have been approved by the MPA for the Operational Areas and the Long-Term Working Areas, unless otherwise agreed in writing by the MPA. The working programme for the Operational Areas may be comprised in a series of phases of not less than seven years. A Scheme of Working, Site Accesses and Conditions for each area shall be submitted for approval to the MPA in accordance with Conditions 5(a), (b) and (c). Following the approval by the MPA of a Scheme of Working, Site Access, and Conditions, the Mining Operations and the Restoration and Aftercare shall be carried out strictly in accordance with the Scheme unless otherwise approved in writing by the MPA.

Notes Following Visit This site is listed in Schedule A of this decision notice as an Operational Area and therefore required the submission of the 'Scheme of Working, Site Access and Conditions' as specified in condition 5 of this decision notice. The Scheme (ref Decision Notice OA20 Great Wheal Prosper [R10.Env.OA20 (1)]) was approved on 21.09.2005. This has since been superseded by decision notice 07/00501/SEC73 dated 20.10.2009 which varied the boundary of the operational area. As the scheme required in Condition 5 has been approved, the following original planning permissions have been superseded: • 26974/C dated 29.03.1965 • 26967/C (part) dated 29.03.1965 • 47944 dated 15.11.1971 • 92/1012/C dated 21.01.1993

There are details on file of a planning permission granted in the early sixties for a sand screening and concrete works (application ref CC/SAR/61/15459). However a copy of the planning permission could not be obtained but it believed a company may have leased an area of the pit for sand screening during that time.

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Condition Number and Description Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational Areas

In respect of each Operational Areas listed in Schedule A annexed hereto and identified on Drawing No. G/4/1/101 the operator shall submit to the MPA on or before the dates shown in the Schedule, unless otherwise agreed in writing with the MPA:- (a) A Scheme of Working to identify the area, depth and direction of extractive operation, the

area, height and profile of tipping or mineral waste, details of any ancillary development (including plant and stockpiling) and ongoing and (where appropriate) final landscaping, restoration and aftercare measures. The Scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. Where agreed with the MPA in pre-application discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in writing by the MPA.

(c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period.

Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definitions annexed hereto. Notes Following Visit The Scheme of Working was approved on 21.09.2005 (Decision No. OA20 Great Wheal Prosper [R10.Env.OA20 (1)]). This scheme has been superseded by decision notice 07/00501/SEC73 dated 20.10.2009 to vary the boundary of the operational area and the area of extraction.

Condition Number and Description Condition 6. The Long-Term Working Areas

No Mining Operations shall be carried out within any part of the site shown as a Long-Term Working Area on Schedule B and Drawing No. G/4/1/101 annexed hereto until such time as the operator has submitted to the MPA, and the MPA has approved for that part of the site; (a) A scheme of Working to identify the area, depth and direction of extractive operations, the

area, height and profile of tipping of mineral waste, details of any ancillary development (including plant access and stockpiling) and ongoing and (where appropriate), final landscaping, restoration and aftercare measures. The scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. There agreed with the MPA in pre-applications discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in wiring by the MPA.

(c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period.

Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definition annexed hereto.

Notes Following Visit The site is defined as an Operational Area in Schedule A and this condition is non- applicable.

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Condition Number and Description Condition 7. Access and Highway Matter (General)

The operator shall employ the best practicable means to prevent the transfer of mud, dust stones or other deleterious material onto the public highway. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit There are two access points into the Operational Area from the public highway. Access 1 is located off the B3274 near Higher Trezaise and is the main access for heavy vehicles. Access 2 is located at Polpuff and is generally only used by the occasional car. Both access points were in good condition at the time of the visit and the Local Planning Authority has not received any complaints in respect of the condition of the public highway outside of these accesses.

Condition Number and Description Condition 8. Sheeting of Lorries

All heavy commercial vehicles leaving the site except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before leaving the site (this condition shall not apply to vehicles travelling between one part of the site and another), unless otherwise agreed in writing with the MPA. Footnote: The term 'heavy commercial vehicle' is defined in the definitions annexed hereto. Notes Following Visit No operations were underway at the time of the visit and no heavy vehicles were witnessed leaving the site. The Local Planning Authority has not received any complaints in respect of this matter.

Condition Number and Description Condition 9. Environmental Protection (General)

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufactures specification at all times. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit The Local Planning Authority has not received any complaints about these matters.

Condition Number and Description Condition 10. Dust (General)

A scheme for the suppression and mitigation of dust arising at the site which shall include proposals for dust monitoring, shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed with the MPA) of the determination of conditions by the MPA. Notes Following Visit A dust scheme approved as email dated 17.07.2009. The Local Planning Authority has not received any dust complaints.

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Condition Number and Description Condition 11. Noise (General)

Except as may be provided for in Site Specific Conditions approved for the Operational Areas and for the Long-Term Working Areas or as may be specified in original conditions in permission granted after 1 January 1993, noise levels arising from the Mining, Restoration or Aftercare Operations on the Site, measured at any occupied residential property, shall not exceed 55 dB (LA eq) on hour freefield between 7.00 and 19.00 hours and 45dB (LA eq) 5 minutes freefield between 19.00 and 07.00 hours, unless otherwise agreed in writing with the MPA. Footnote: Noise Sensitive Areas (as defined in the annex affixed here) will be identified within schemes to be submitted for the Operational Areas (and if appropriate, the Long-Term Working Areas), and the operators shall provide baseline information for day-time and night-time levels arising from Mining, Restoration, and Aftercare Operations within Site Specific Conditions for the Noise Sensitive Areas. Notes Following Visit The Local Planning Authority has not received any noise complaints.

Condition Number and Description Condition 12. Blasting (General)

Ground vibration fro blasting should not exceed a peak particle velocity of 8.5mm per second at or near the foundations of all domestic occupied buildings and all other buildings used for human occupation not under the control of the applicant unless otherwise agreed by the MPA. Within 12 months of the determination of new conditions, the operators shall agree an appropriate limit to ground vibrations from blasting to protect railway structures and rail services. The measurement shall be the maximum of 3 mutually perpendicular directions at the ground surface. Blasting (other than secondary blasting within the terms of the scheme approved in relation to Condition No. 14) shall only take place between 8.00 and 18.00 hours Monday to Friday and 8.00 and 12.00 hours on Saturdays unless otherwise agreed in writing with the MPA. Should ground vibration at any building or structure (other than those where a higher level has been agreed), as specified above, exceed a peak particle velocity of 8.5mm per second, the operator shall immediately notify the MPA. The notification shall be confirmed in writing together with a description of the blast design and any reason known to the operator for the blast exceeding 8.5mm per second. Notes Following Visit The scheme was approved as email dated 24.09.2009. The Local Planning Authority has not received any blasting complaints.

Condition Number and Description Condition 13. Blasting (Monitoring)

A scheme for the monitoring of blasts and the release of all readings shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed by the MPA) of the determination of conditions. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme was approved as letter dated 09.07.2010.

Condition Number and Description Condition 14. Secondary Blasting

Within 12 months of the determination of new conditions, the operators shall submit to the MPA for approval, a scheme for any secondary blasting. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme was approved as letter dated 09.07.2010.

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Condition Number and Description Condition 15. Ground and Surface Water Protection (bunding and storage facilities)

Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse. For any liquid other than water this shall include storage in suitable tanks and containers which shall be house in an area surrounded by a bund wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floors and walls of the bunded area shall be impervious to both water and oil, and vent pipes should be directed downwards into the bunded area. Notes Following Visit One double skinned tank is retained on site. The connections are housed within an internal section to avoid drips and spillages.

Condition Number and Description Condition 16. Protection of Controlled Waters

All surface fun-off from tips or areas prepared for extraction or tipping shall be intercepted by perimeter ditches and/or contained in settlement lagoons before discharge to any controlled waters. All tips shall be treated as soon as reasonably practicable to prevent the run-off of waste materials. Notes Following Visit Water draining into Prosper Pit is pumped out via an adit through a series of settling pits before being discharged at the consented discharge points located adjacent to the disused mica lagoon. Water is also contained within Wheal Cock at the south western corner of the site. Water discharge is regulated by the Environment Agency.

Condition Number and Description Condition 17. Lights and Floodlighting (General)

All practicable means shall be employed by the operators to minimise any adverse effects of lights and floodlights upon adjoining residential properties and to negate any resulting dazzle onto the public highway. Notes Following Visit All fixed external lighting is located within Prosper Pit but none were in use at the time of the visit. The Local Planning Authority has not received any complaints regarding lighting at this site.

Condition Number and Description Condition 18. Soil Handling

Where affected by operations in an approval area all available topsoil and subsoil shall be separately stripped in advance from operational areas whilst in a dry condition and either: (a) stockpiled in an area to be approve by the MPA for later use in restoration (the topsoil and

subsoil shall be stored separately), or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoils shall be replaced first and shall be loosened by cultivation across the contour, prior to spreading of the topsoil in dry ground conditions. Footnote: In this context the phrase 'dry' conditions shall mean not saturated or waterlogged by rainwater penetration, normal low moisture content being acceptable. Notes Following Visit No fresh soils have been disturbed since the last visit.

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Condition Number and Description Condition 19. Archaeology and Historic Environment (Code of Practice)

Within 12 months from the date of this determination or such other time as may be agreed in writing by the MPA, the operators will submit an Archaeological Code of Practice to the MPA for approval which sets out procedures for: (a) consultation and co-operation between the operators and the MPA (b) the assessment and evaluation of the impact of the Schemes of Working on archaeological

and historic sites and landscapes (c) establishing principles for recording or conserving features of archaeological/historic

importance Notes Following Visit The scheme was approved as letter dated 23.02.2010.

Condition Number and Description Condition 20. Archaeology and Historic Environment (General)

In the interim period before the Schemes of Working and Site Specific Conditions required by Condition No. 5 have been approved by the MPA, where the operators intend to implement development beyond the current working areas of the mineral site which impacts upon a site identified on "The Archaeological Unit, 1991, the operator will agree a scheme to record or conserve the site with the MPA. Notes Following Visit A Written Scheme of Investigation was submitted for land known as the Crown Filly China Clay Works on the 12.03.2007 and approved as letter dated 18.07.2007. No ground works have been undertaken in this area at this time.

Condition Number and Description Condition 21. Prior Cessation of Working

In the event of a cessation of winning and working in minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 (of the Town and Country Planning Act 1990), a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for the approval of the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA. Notes Following Visit There were no operations being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site. ACTION OPERATOR As requested in email dated 06.11.2014, the Operator should confirm the extent of the current uses at Great Wheal Prosper.

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3. Compliance with Planning Conditions 07/00501/SEC73 dated 20.10.2009. Variation of boundary of operational area and area of extraction.

Condition Number and Description Condition 1. Commencement

Extent of the Permissions: These conditions relate specifically to the permissions (or parts of permissions) illustrated on drawing No. GN/PR/01 namely:- 26974/C dated 29/03/65 26967/C (part) dated 29/03/65 47944/C dated 15/11/71 92/1012/C dated 21/01/93 Notes Following Visit This condition identifies the permissions applicable to this decision notice.

Condition Number and Description Condition 2. Nature of Development in Accordance with the Approved Scheme of Working

Unless otherwise agreed in writing with the Mineral Planning Authority (MPA), or required by conditions attached to this permission, the development shall be carried out in strict accordance with the submitted plans, (drawings Nos. GN/PR/01, GN/PR/02, GN/PR/03, GN/PR/04, GN/PR/06 and GN-PR024A, GN-PR-25A, GN-PR-31A) and as described in the Companys Scheme of Working Statement submitted to the MPA, Figure 1 of the WSP UK (Noise Consultants) Report and correspondence from the operators to the MPA dated 13 July 2005. Notes Following Visit Drawing No. GN/PR/02 identifies the approved working scheme for this review period and provides for Prosper Pit is to be worked in an easterly and south easterly direction towards Wheal Cock Pit. Tipping was to be extended in a northerly direction towards the access track. There were no operations being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site. Refer to Condition 7. No developments have commenced in the Section 73 extension area which is pending the completion of an archaeological assessment. In June 2011 the Local Planning Authority received a complaint from a local resident alleging that the height of Prosper Tip was higher than permitted. The Operator supplied a copy of the recent survey levels for the tip and the levels were found to be within those identified on the approved Drawing GN/PR/03 and the complaint was closed. An additional complaint was received from the same complainant in November 2011 (ref EN11/02643) which again referred to the height of the tip being allegedly higher than identified on the approved Drawing. No tipping had taken place on this area of the tip since the original complaint in June 2011 and the complaint was closed.

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Condition Number and Description Condition 3. Hours of Working

Unless otherwise agreed in writing with the MPA, and except in emergencies and to maintain safe working (which shall be notified to the MPA as soon as practicable), no temporary works, including landscaping, which utilise vehicles or motorised machinery shall be implemented except between the following hours: between 0700 hours and 1900 hours Mondays to Fridays; and between 0700 hours and 1300 hours Saturdays. Unless otherwise agreed in writing with the MPA, and except in emergencies and to maintain safe working (which shall be notified to the MPA as soon as practicable), no temporary works including landscaping works which utilise vehicles or other methods of motorised machinery shall be operated on Sundays, Bank or Public Holidays. Notes Following Visit No temporary operations are thought to be underway. The Local Planning Authority has not received any complaints in respect of the hours of working for temporary operations.

Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.1 Noise

At the occupied noise sensitive locations identified on Figure 1 of the WSP UK Report, noise levels arising from all permitted operations, other than temporary works, shall not exceed the following levels:- A) LAeq 1 hour freefield between 0700 and 1900 hours:- 1. Edgemoor 50 dBA LAeq 2. The Bungalow 55 dBA LAeq 3. Part, Carbis 55 dBA LAeq 4. Hendra 50 dBA LAeq 5. Polpuff 50 dBA LAeq B) LAeq 1 hour freefield between 1900 and 0700 hours:- 1. Edgemoor 42 dBA LAeq 2. The Bungalow 42 dBA LAeq 3. Part, Carbis 42 dBA LAeq 4. Hendra 42 dBA LAeq 5. Polpuff 42 dBA LAeq Where the MPA notifies the operator that it has received a complaint or complaints about noise which are attributable to operations within the site, the operator shall be required to undertake self monitoring of noise levels and operations to demonstrate compliance with this condition, in accordance with a scheme to be approved in writing by the MPA. Within 12 months of this determination or such other time as may be agreed in writing with the MPA, no site based vehicles or other methods of motorised machinery deployed in any operational or landscaping works shall use single pitch reversing bleepers. At the boundary of any occupied dwelling noise levels arising from temporary works shall not exceed a level of 70dB LAeq (1hour) freefield for a period not exceeding 8 weeks in any one calendar year at each property. Temporary works are defined in the notes to Condition 3 below. Notes Following Visit The Local Planning Authority has not received any noise complaints. There were no extractive works or processing plant working at the time of the visit.

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Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.2 Dust

Within the Operational Area defined on Drawing GN/PR/01 the following dust suppression measures shall apply in order to minimise the escape of dust from the Operational Area:- a) In periods of dry and/or windy conditions or when such conditions are forecast by the

Meteorological Office, exposed haul road surfaces, stockpiles and other exposures of sand shall be maintained in a sufficiently damp condition;

b) All unutilised exposed ground capable of generating wind blown dust shall be seeded at the first available opportunity, in order to establish permanent vegetation on exposed surfaces.

Notes Following Visit a) Water bowsers and road sweepers are hired as and when required. Surfaces were damp

and no dust blow was evident during the time on site. b) The disused mica dam has now revegetated. It was completely filled in with residues and

the surface covered with a layer of topsoil in 2000. To the north, the lower outer profile of the tip was hydroseeded between 2005 and 2006 and the outer slopes of the second bench were hydroseeded in June 2011. The exposed internal bench on the northern tip edge was also hydroseeded in June 2011 and June 2013. Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.3 Site Access Points

Within the Operational Area defined on Drawing GN/PR/01 the following measures shall apply to vehicular access:- a) Vehicular access to and from the Operational Area from public highways shall be restricted

to the access points Access 1 and Access 2 identified on Drawing GN/PR/01. b) All lorry movements associated with the collection of sand, aggregates, allied materials

and/or the delivery of any restoration materials as may be approved in writing by the MPA shall utilise Access 1 to enter and leave the site (shown on GN/PR/01), except when this access is temporarily obstructed or when the prior written approval of the MPA has been given to the use of Access 2.

c) The operator shall employ the best practical means to prevent the transfer of mud, dust, stones or other deleterious material onto the public highway at the access points shown on drawing No. GN/PR/01.

d) A scheme for hard surfacing and drainage at Access 1 identified on Drawing GN/PR/01 (off the B3274 at Higher Trezaise) shall be submitted to the Mineral Planning Authority for written approval within 3 months of the date of determination of this application, and the approved scheme shall be implemented within a further 3 month period.

Note: Condition discharged 7 November 2005 Notes Following Visit a) Access is restricted to the two approved access points identified on Drawing GN/PR/01.

Access 1 is located off the B3274 near Higher Trezaise and is the main access for heavy vehicles. Access 2 is located at Polpuff and is only used by the occasional car/light vehicle.

b) No vehicles were witnessed using Access 1 at the time of the visit and the Local Planning Authority has not received any complaints regarding the vehicular use of this access point. .

c) The Local Planning Authority has not received any complaints regarding the condition of the public highway and both access points were in good conditions at the time of the visit.

d) A scheme for the hard surfacing and drainage of Access 1 was submitted on 22.09.2005 and approved as letter dated the 07.11.2005. The scheme was discharged during a visit on the 28.03.2006.

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Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.4 Sites of Archaeological and/or Historic Interest

Within six months of the date of this determination (or within such longer period of time as may be agreed in writing with the MPA), the operators shall have submitted and had approved in writing by the MPA a scheme to mitigate any impacts of operations (including landscaping) on any sites of archaeological or historic interest (a Written Scheme of Investigation (WSI)). The submitted scheme shall include a timescale for implementation of the approved mitigation measures. Note: Condition discharged 29 September 2005 Notes Following Visit A Written Scheme of Investigation was submitted on the 07.09.2005 and approved as letter dated the 29.09.2005. The scheme required (a) the approved recording strategy for the pan kilns structures to be implemented by the end of 2005, and (b) the 'wider' recording for the remainder of the OA and subsequent mitigation strategy to be implemented by the end of 2006. The approved deadline for the submission of the recording strategy for the pan kiln structures was extended from the 31.12.2005 to the end of January 2006 as letter dated 23.01.2006. The ‘Archaeological Assessment and Recording Report’ was submitted on the 24.01.2006 which covered two phases: (a) The measured survey and archaeological report of the former pan kiln complex (b) Historical research, walk over survey of the operational area art Prosper Clay. The report was approved as letter dated 11.04.2006. A Written Scheme of Investigation was submitted for land known as the Crown Filly China Clay Works on the 12.03.2007 and approved as letter dated 18.07.2007.

Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.5 Site of Special Scientific Interest/Special Area of Conservation

No operational development or landscape works shall take place within 5 metres of the Special Area of Conservation (SAC)/Site of Special Scientific Interest (SSSI) identified on drawing No. GN/PR/01. The boulders which are positioned along the boundary of the SAC and which are highlighted in yellow shall be retained, and replaced as necessary, for the duration of the operations hereby permitted. Notes Following Visit The Special Area of Conservation (SAC) contains the rare bryophyte western rustwort marspella profunda. Boulders remain along the boundary; although since they were originally placed the yellow markers have faded. No developments have taken place within the 5m boundary of the SAC but some areas have been affected by unauthorised motorcyclists.

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Condition Number and Description Condition 5. Landscape Improvements, Restoration and Aftercare 5.1 Landscape Improvements, Restoration and Aftercare (general)

Within twelve months of the date of this permission (or within such other period as may be agreed in writing with the MPA), a scheme for the progressive restoration of the Great Wheal Prosper Operational Area shall be submitted to the MPA for written approval. The scheme shall include details of the following: a) confirmation of the proposed after-use of the site; b) the phasing of progressive restoration, showing clearly the relationship of each phase to the

working scheme; c) the final levels of the restored land; d) proposed landscaping measures (to include any measures for backfilling the void with

quarry wastes); e) aftercare details. The approved scheme shall be implemented as approved, unless a variation has been approved in writing by the MPA. Notes Following Visit The scheme was approved as letter dated 26.09.2011 and identifies that much of the restoration would take place following cessation of working. As outlined in Condition 7, no operations were being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site. The scheme however required the exposed internal bench on the northern tip edge to be hydroseeded to reduce visual impact when viewed from the north. This area, as well as the outer level of the second bench were hydroseeded in June 2011. Further to this the south edge of the second bench was hydroseeded in June 2013.

Condition Number and Description Condition 5. Landscape Improvements, Restoration and Aftercare 5.2 Restoration (specific)

The restoration of each phase referred to in Condition 5.1 shall be in accordance with a detailed restoration scheme which shall be submitted to and approved in writing by the MPA at least 8 weeks in advance of the commencement of a particular phase of restoration. The submitted scheme shall include details of the following: a) proposed planting arrangements (including species type, size and spacing, together with a

maintenance programme); b) soil handling and storage (including the replacement of soil materials on landforms); c) measures to safeguard existing vegetation within the site; d) a timetable for implementation and aftercare. All works comprised in the scheme shall be implemented and completed in accordance with the approved timetable. Notes Following Visit The scheme was approved as letter dated 26.09.2011 and identifies that much of the restoration would take place following cessation of working. As outlined in Condition 7, no operations were being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site. The scheme however required the exposed internal bench on the northern tip edge to be hydroseeded to reduce visual impact when viewed from the north. This area, as well as the outer level of the second bench were hydroseeded in June 2011. Further to this the south edge of the second bench was hydroseeded in June 2013.

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Condition Number and Description Condition 5. Landscape Improvements, Restoration and Aftercare 5.3 Removal of disused buildings, plant etc

Unless otherwise agreed in writing with the MPA, all disused buildings, plant, structures and machinery ancillary to the winning and working of china clay shall be removed from the site, and the land shall be reinstated so far as practicable to its condition before the development took place. Removal and site reinstatement shall take place within 24 months of the date when the relevant building, plant, structure or machinery is no longer needed for its original purpose, or by 21 February 2044, whichever is the sooner. Notes Following Visit As outlined in Condition 7, no operations were being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site.

Condition Number and Description Condition 6. Water Interests

Measures shall be installed to ensure, in the event of leakage of any fuels, oils, hydraulic fluids, excluding water, stored on the site, such liquids can be contained and recovered without escape to the underlying ground or the surrounding area. Notes Following Visit One double skinned tank is retained on site. The connections are housed within an internal section to avoid drips and spillages.

Condition Number and Description Condition 7. Prior cessation of mineral workings

In the event of cessation of mining operations within the Great Wheal Prosper Operational Area prior to the completion of the proposed Scheme of Working, which in the opinion of the MPA constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised restoration scheme to include details of reclamation and aftercare and a programme of implementation (including a timetable) shall be submitted in writing to the MPA for approval within twelve months of the cessation of mining operations (or such longer period as may be agreed in writing with the MPA). All works comprised in the scheme shall be implemented and completed in accordance with the approved timetable. Notes Following Visit There were no operations being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site. ACTION OPERATOR As requested in email dated 06.11.2014, the Operator should confirm the extent of the current uses at Great Wheal Prosper.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed None identified at this time

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11. Summary Great Wheal Prosper Operational Area is located on the northern slopes of Hensbarrow Downs occupying an area between Roche to Stenalees and the Roche to Bugle roads. The site is governed by the overarching china clay decision notice 97/00965 dated 10.02.1998. The site specific permission ‘OA20 Great Wheal Prosper [R10.Env.OA20 (1)]’ was approved on 21.09.2005 but has now been superseded by the recent decision notice 07/00501/SEC73 dated 20.10.2009 which sought to extend the western boundary of the operational area. Drawing No. GN/PR/02 identifies the approved working scheme for this review period and provides for Prosper Pit is to be worked in an easterly and south easterly direction towards Wheal Cock Pit. Tipping was to be extended in a northerly direction towards the access track. There were no operations being carried out at the time of the visit. The processing operations are now thought to be undertaken at other China Clay operational areas and the extent of extraction and tipping is unclear. As email dated 06.11.2014, the Local Planning Authority wrote to the Operator seeking clarification on the current uses at the site so that any restoration requirements can be determined.

office use only monitoring of mineral and landfill ... · the scheme of working was approved on...

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