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Page 1 of 14 Office Use Only Monitoring of Mineral Planning Permissions Report for Gonamena Quarry, Minions, Liskeard, Cornwall On 13 th June 2013 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. 0 0 15

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Page 1: Office Use Only Monitoring of Mineral Planning Permissions ... · Gonamena Quarry, Minions, Liskeard, Cornwall On 13th June 2013 Report Summary No. of Conditions Development was not

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Office Use Only Monitoring of Mineral Planning Permissions Report for Gonamena Quarry, Minions, Liskeard, Cornwall

On 13th June 2013

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 Natural Resources 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 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 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: Gonamena Quarry, Caradon Hill, Minions, Liskeard, Cornwall Planning Permission(s): Part 23 Class B (of GDPO 1995) for the removal of materials of

any description from a mineral working deposit dated 9th April 1998.

Part 19 Class B (of GDPO 1995) for the construction of a cutting shed dated 19th June 2000 including revisions to conditions 1 as letter dated 11th August 2004.

Permission not monitored: NR/08/00401/SCOPE dated 8th September 2008. Scoping

Opinion for review of conditions on Interim Development Order NR/95/00002/MIN submitted 17.10.1995. Application for the determination of conditions. Application remains undetermined. Nut as email dated 13/11/12 the determination deadline was extended until 31st December 2014. Application M44.17 dated 13th July 1992 to register the IDO. 5/18/81/00751/F dated 9th October 1981. Use of land for mineral exploration. Expired 31st December 1986 12/D/1730 dated 16th June 1948. Conditional permission for quarry workings.

Legal Agreement(s): None

Operator: Lantoom Ltd

Site Status: Active

Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Stephanie Bowkett, Development Officer, Cornwall Council

Date of Visit: 13th June 2013

Time on Site: 13.35 hours

Time off Site: 14.00 hours

Attendees: Mr Richard Crocker – Lantoom Ltd

Weather: Overcast, Dry, Strong Winds

Ground Conditions: Damp

Report Author: Stephanie Bowkett, Development Officer, Cornwall Council

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3. Compliance with Planning Conditions

Part 23 Class B (of GDPO 1995) for the removal of materials of any description from a mineral working deposit dated 9th April 1998. Part 23 Class B Permitted Development Rights subject to the following conditions:

Condition Number and Description Condition A

It shall be carried out in accordance with the details given in your letter dated 16th March 1998, and the submitted plan Notes Following Visit Mineral working deposits are removed intermittently in accordance with the details given in the letter dated 16th March 1988 and the submitted plan.

Photograph taken from the public highway looking eastwards towards Gonamena Quarry. The photograph shows the deposits from phase 1 have been removed

Condition Number and Description Condition B

Within 3 months from the date of this letter the developer shall submit for approval a scheme providing for the restoration and aftercare of the site Notes Following Visit The scheme was approved as letter dated 20th March 2008 subject to four conditions as listed B1,B2,B3 and B4 below:

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Condition Number and Description Condition B (1)

Remove the stone from the mineral waste tips with no disturbance to the undisturbed natural ground levels beneath the heaps [except in accordance with any approved working scheme for quarrying of granite as may be approved under the consideration of the forthcoming working plan under the Interim Development Order].

Notes Following Visit The Operator has removed the surface stone from Phase 1 and is now working in Phase 2. The stone recovery works have not disturbed the natural ground level.

Condition Number and Description Condition B (2)

The surface dumps shall be removed sequentially as indicated on the attached plan (Drawing No CN16/A) with the Phase 1 removal area edged pink, the Phase 2 area edged yellow, the Phase 3 area edged blue with the final Phase 4 area shown edge orange. Unless otherwise agreed in writing by the Mineral Planning Authority (MPA) there shall be no removal of material from the Phase 2, 3 and 4 areas until Phase 1 has been cleared and restored in accordance with the further details below. Similarly there shall be removal of material from the Phase 3 area until the Phase 2 area has been cleared and has been suitably restored and likewise no removal of material from the Phase 4 area until the Phase 3 area has been cleared and been suitably restored.

Notes Following Visit This condition identifies a phased approach to the removal of mineral deposits alongside a phased restoration programme as shown on Drawing CN16/A on page 9 of this report. Since the previous visit the Operator has recovered the surface deposits from Phase 1. This area has now been completely cleared and the natural ground level remains undisturbed. As required by Condition B(4) this area should now be left to revegetated naturally. The Operator has commenced the recovery of stone from Phase 2 and cannot progress into Phase 3 until Phase 2 has been cleared.

Photograph showing the site entrance and access road

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Photograph looking east across Phase 1 showing the area has been cleared to the natural ground level

Photograph looking southwards towards Phase 2

Photograph showing Phase 3

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Photograph looking south eastwards towards Phase 3

Photograph looking south eastwards towards Phase 4

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Drawings CN16/B showing the approved sequence of phasing on an aerial photograph

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Condition Number and Description Condition B (3)

Any residual material remaining after the removal of the blocky granite shall be evenly spread over the area from where the tip has been removed up to a maximum depth of 300mm with any surplus either being removed off site for use or authorised disposal elsewhere, or shall be disposed of on site with the quarry void unless otherwise agreed in writing by the Mineral Planning Authority. Within the void any mineral waste deposited should be pushed up against the quarry headwalls to resemble a scree slope and this area should be left to naturally re-vegetate unless otherwise agreed in writing by the MPS.

Notes Following Visit Since the previous visit the Operator has recovered the surface deposits from Phase 1. This area has now been completely cleared and the natural ground level remains undisturbed. As required by this condition, this area should now be left to revegetated naturally.

Condition Number and Description Condition B (4)

There shall be no importation of soils/subsoils to the area from which the surface dumps have been removed and no seeding/planting programme implemented. Instead the area should also be left to re-vegetate naturally.

Notes Following Visit No soils/subsoils have been imported and no seeding/planting has taken place.

Condition Number and Description Condition C

The Site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme. Notes Following Visit Since the previous visit the Operator has recovered the surface deposits from Phase 1. This area has now been completely cleared and the natural ground level remains undisturbed. As required by Condition B(4) this area should now be left to revegetated naturally.

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3. Compliance with Planning Conditions

Part 19 Class B (of GDPO 1995) for the construction of a cutting shed dated 19th June 2000 including revisions to conditions 1 as letter dated 11th August 2004.

Condition Number and Description Condition 1

Except as may otherwise be agreed in writing with the Mineral Planning Authority (MPA) the cutting shed shall be sited in the location indicated on Drawing No. 615/1 and be developed in accordance with the approved layout plan – Drawing No. 615/2.

Notes Following Visit Changes to the proposed location of the store were approved as letter dated 11th August 2004. Therefore Drawing No 615/1/B now replaces the original Drawing Number 615/1. The store has not been constructed at this time.

Condition Number and Description Condition 2

Except as may otherwise be agreed in writing with the MPA the building shall be clad in profiled steel sheeting with a matt finish of grey/olive namely BS10B25a and the colour shall apply to the wall, roof and doors. The approved colour shall be maintained in good repair for the duration of the quarrying permission at Gonamena Quarry sheeting cutting shed shall be sited in the location indicated on Drawing No. 615/1 and be developed in accordance with the approved layout plan – Drawing No. 615/2.

Notes Following Visit The store has not been constructed at this time.

Condition Number and Description Condition 3

Except as may otherwise be agreed in writing with the MPA no activities shall be carried out within the building except between the following times:- Between 7.00 am and 7.00 pm on Mondays to Fridays Between 7.00 am and 1.00 pm on Saturdays There shall be no Sunday, bank Holiday or National Holiday working unless otherwise agreed.

Notes Following Visit The store has not been constructed at this time.

Condition Number and Description Condition 4

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke, fumes and the creation of noise and vibration during the approved use of the building. The words “practicable” and the phrase “practicable means” in these conditions shall have the meanings assigned to them in Section 79(0) of the Environmental Protection Act 1990 as defined overleaf.

Notes Following Visit The store has not been constructed at this time.

Condition Number and Description Condition 5

Except as may otherwise be agreed in writing with the Mineral Planning Authority (MPA) the noise levels arising from the use of the new building shall not exceed 45 dB LAeq (1 hour) as measured freefield at any residential property.

Notes Following Visit The store has not been constructed at this time.

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Condition Number and Description Condition 6

Any water arising as a result of a process (i.e. trade effluent) or domestic foul drainage shall be discharged in accordance with a scheme to be agreed with the MPA.

Notes Following Visit The store has not been constructed at this time.

Condition Number and Description Condition 7

All lights and floodlights shall be positioned or screened so as not to cause nuisance or annoyance to occupiers of any dwelling in the vicinity of the site or to users of the public highway network.

Notes Following Visit The store has not been constructed at this time.

Condition Number and Description Condition 8

Before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the MPA agree in writing:-

(a) all buildings, plant, machinery, structures and erections permitted by Class B shall be removed from the land unless the Mineral Planning Authority have otherwise agered in writing, and

(b) the land shall be restored, so far as practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the Mineral Planning Authority and the developer.

Notes Following Visit The store has not been constructed at this time.

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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 The Mineral Planning Authority should note that the deadline for the determination of conditions in Application NR/95/00002/MIN submitted 17.10.1995 is 31st December 2013. 10. Issues to be Addressed None at this time

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11. Summary

Gonamena is located on Caradon Hill, near the hamlet of Minions in East Cornwall. It is also known as Caradon Quarry and has formerly been known as Silver Grey Quarry.

The quarry was established in the 19th century and was granted conditional planning permission for the winning and working of mineral on 16th June 1948 under an Interim Development Order. This permission was registered as valid on 13th July 1992 and subsequently an application was made by the Operator in 1995 to determine a new scheme of conditions. The application underwent a period of consultation but determination was deferred by mutual agreement of the Operator and the Mineral Planning Authority so that the owner could concentrate of progressing the applications of their other quarries, Lantoom Quarry and Lean Quarry. In the meantime Government guidance indicated that an Environment Impact Assessment may be necessary and as email dated 5th May 2006 the Operator agreed to provide a voluntary Environmental Impact Assessment (EIA). Following on from this a Scoping Opinion was registered on 8th September 2008. At this time the Operator continues to progress with the Environmental Statement and determination of the application remains unresolved. The determination of the IDO application has been extended until 31st December 2013.

In the meantime, works at the site continue under Part 23 Class C Permitted Development Rights, whereby existing mineral deposits which lie on the surface of the site from earlier workings are removed. The approved scheme provides for the mineral deposits to be removed in a phased order, starting with Phase 1, then Phase 2, Phase 3 and then Phase 4. The scheme prohibits the progression into the next phase until the existing phase has been fully cleared and restored.

Since the previous visit in 2012, the Operator has recovered all of the stone from Phase 1 and the site has been cleared back to the natural ground level. This area will now be left to revegetate naturally. Stone recovery has commenced in Phase 2.

There are also permitted development rights to construct a building for sawing granite, although this has yet to be constructed.