Agenda item

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN9).

 

The applications seek an extension of time for the restoration of the quarry and an extension of time for the soil blending operation on the site. There has been local objection to the extension of time for the quarry because of concern that the applicants are keeping the development going to help achieve a future use at the quarry. The report assesses the need to restore the quarry and the implications for future development if the applications are approved.

 

It is RECOMMENDED that:

 

a)        planning permission for application no. MW.0134/15 be approved subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

 

1)        The development shall be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application except as modified by conditions of this permission.

 

2)        No operations, including HGVs entering and leaving the site, other than water pumping or environmental monitoring, shall be carried out at the site except between the following times:

·       0700 and 1800 hours Mondays to Fridays and 0700 to 1300 hours on Saturdays;

No operations shall take place at any time on Sundays or recognised public holidays.

 

3)        No winning and working of mineral or sale of processed mineral shall take place. The site shall be completely restored by 30 September 2016 in accordance with the approved restoration scheme.

 

4)        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order amending, replacing or re-enacting that Order), the access to the development hereby permitted shall not be other than as shown as ‘new access’ on approved plan 010/4.

 

5)        All internal haul roads shall be maintained in a condition free from potholes.

 

6)        All buildings, plant, machinery or structures and their foundations and bases, together with any hard standing shall be removed from the site by 30^th September 2016.

 

7)        The operators shall insulate plant or machinery, silence vehicles and provide acoustic screening as may be necessary to ensure that noise levels or frequencies shall not exceed 55 dB(LAeq) (1hour) freefield during the hours of operation permitted under condition 2, at the facades of the nearest residential properties.

 

8)        Dust control measures shall be utilised as set out in paragraph 3.11.5 of the approved Planning Statement dated July 2014.

 

9)        No commercial vehicles shall enter the public highway unless their wheels and chassis are clean such that mud and dust are not deposited on the highway.

 

10)     All turf, topsoil, subsoil and overburden stripped prior to mineral extraction, or quarry waste or such similar materials presently stored on site shall be used for site restoration only.

 

11)     No storage or respreading of topsoil and subsoil shall take place unless the percentage moisture in the subsoil and topsoil to be moved is less than the percentage moisture at the plastic limit of each of the topsoil and subsoil respectively.

 

12)     The full depth of the restored topsoil and the top 0.15 metres of subsoil shall be ripped with an agricultural wing tine implement at a spacing not exceeding 1.5 times the working depth. All stones and rocks exceeding 100m in any dimension and other deleterious material shall be removed.

 

13)     No bunds of overburden, quarry waste or soil shall be left on the site after 30 September 2016.

 

14)     No mineral shall be exported from the site with the exception of the stones to be removed under condition 12, and the hardstanding to be removed under condition 6.

 

15)     No building, plant or machinery or structure of fixed or mobile design shall be located or operated other than on the quarry floor at the base of the deposit known as the sponge gravels except machinery engaged in storage and respreading of soil and overburden.

 

16)     Oil and fuel storage bunds shall only be sited on impervious bases and surrounded by oil tight bund walls; the bunded areas shall be capable of containing 110% of the tank’s volume and should enclose all fill and draw pipes.

 

17)     There shall be no discharge of water containing sand, gravel, soil or grease.

 

18)     No reversing bleepers shall be fixed to, or used on, any mobile plant.

 

19)     The field access directly from the A420 into the western part of the site shall not be used for the development the subject of this planning permission or for any purpose connected with it.

 

20)     No works shall be carried out other than in accordance with the approved mitigation and enhancement scheme section 6 (Mitigation Measures) of the Extended Phase 1 Habitat Survey Report dated September 2012, the Reptile Method Statement submitted 28 February 2013, the Tree Planting & Grassland Mix dated 28 February 2013 and section 1.8 of the 2013 Great Crested Newt Refresher Surveys (enzygo 2013) report dated 5 July 2013.

 

21)     Warning signs to users of footpath no. 17 of vehicles crossing the access road and to drivers of vehicles of pedestrians shall be erected and maintained for the duration of the development hereby permitted.

 

 

Informatives

 

All bird nests, eggs and young are protected under the Wildlife & Countryside Act 1981 (as amended) which makes it illegal to intentionally take, damage or destroy the nest of any wild bird while it is use or being built. Therefore, no removal of [trees, scrub, hedgerows, and grassland] should take place between 1st March and 31st August inclusive to prevent committing an offence under the Wildlife & Countryside Act 1981 (as amended).

 

If any protected species [e.g. bats, badgers, dormice, otters, water voles, reptiles, amphibians, and breeding birds] are found at any point, all work should cease immediately. Killing, injuring or disturbing any of these species could constitute a criminal offence. Before any further work takes place a suitably qualified ecological consultant should be consulted for advice on how to proceed. Work should not recommence until a full survey has been carried out, a mitigation strategy prepared and licence obtained (if necessary) in discussion and agreement with Natural England.

 

It is recommended that the native trees and seeds to be used in the restoration scheme are of UK (or ideally more local) provenance. For example, the Flora Locale website gives contact details for suppliers of UK provenance seed and plants:

http://www.floralocale.org/HomePage

 

A Habitat Regulations licence from Natural England for great crested newts may be required to make this permission lawful.

 

b)        planning permission for application no. MW.0133/15 be approved subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

 

1)        The development shall be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application except as modified by conditions of this permission.

 

2)        No operations, including HGVs entering and leaving the site, other than water pumping or environmental monitoring, shall be carried out at the site except between the following times:

·       0700 and 1800 hours Mondays to Fridays and 0700 to 1300 hours on Saturdays;

No operations shall take place at any time on Sundays or recognised public holidays.

 

3)        Imported material shall be used only in connection with the restoration of the quarry in accordance with the approved restoration scheme.

 

4)        All internal haul roads shall be maintained in a condition free from potholes.

 

5)        There shall be no import of waste on site except soils.

 

6)        All buildings, plant, machinery or structures and their foundations and bases, together with any hard standing shall be removed from the site by 30^th September 2016.

 

7)        The operators shall insulate plant or machinery, silence vehicles and provide acoustic screening as may be necessary to ensure that noise levels or frequencies shall not exceed 55 dB(LAeq) (1hour) freefield during the hours of operation permitted under condition 2, at the facades of the nearest residential properties.

 

8)        Dust control measures shall be utilised as set out in paragraph 3.11.5 of the approved Planning Statement dated July 2014.

 

9)        No commercial vehicles shall enter the public highway unless their wheels and chassis are clean such that mud and dust are not deposited on the highway.

 

10)     Oil and fuel storage bunds shall only be sited on impervious bases and surrounded by oil tight bund walls; the bunded areas shall be capable of containing 110% of the tank’s volume and should enclose all fill and draw pipes.

 

11)     There shall be no discharge of water containing sand, gravel, soil or grease.

 

12)     No reversing bleepers shall be fixed to, or used on, any mobile plant.

 

13)     Warning signs to users of footpath no. 17 of vehicles crossing the access road and to drivers of vehicles of pedestrians shall be erected and maintained for the duration of the development hereby permitted.

 

14)     No works shall be carried out other than in accordance with the approved mitigation and enhancement scheme section 6 (Mitigation Measures) of the Extended Phase 1 Habitat Survey Report dated September 2012, the Reptile Method Statement submitted 28 February 2013, the Tree Planting & Grassland Mix dated 28 February 2013 and section 1.8 of the 2013 Great Crested Newt Refresher Surveys (enzygo 2013) report dated 5 July 2013.

 

Informatives

 

All bird nests, eggs and young are protected under the Wildlife & Countryside Act 1981 (as amended) which makes it illegal to intentionally take, damage or destroy the nest of any wild bird while it is use or being built. Therefore, no removal of [trees, scrub, hedgerows, and grassland] should take place between 1st March and 31st August inclusive to prevent committing an offence under the Wildlife & Countryside Act 1981 (as amended).

 

If any protected species [e.g. bats, badgers, dormice, otters, water voles, reptiles, amphibians, and breeding birds] are found at any point, all work should cease immediately. Killing, injuring or disturbing any of these species could constitute a criminal offence. Before any further work takes place a suitably qualified ecological consultant should be consulted for advice on how to proceed. Work should not recommence until a full survey has been carried out, a mitigation strategy prepared and licence obtained (if necessary) in discussion and agreement with Natural England.

 

It is recommended that the native trees and seeds to be used in the restoration scheme are of UK (or ideally more local) provenance. For example, the Flora Locale website gives contact details for suppliers of UK provenance seed and plants:

http://www.floralocale.org/HomePage

 

A Habitat Regulations licence from Natural England for great crested newts may be required to make this permission lawful.

 

The Committee had before it (PN9) applications which sought an extension of time for the restoration of the quarry and an extension of time for the soil blending operation on the site.

 

Mr Broughton presented the report and drew the Committee’s attention to an amended restoration scheme as set out in the addenda.

 

RESOLVED: (on a motion by Councillor Owen seconded by Councillor Johnston and carried by 10 votes to 0, Councillor Purse recorded as having abstained) that:

 

a)        planning permission for application no. MW.0134/15 be approved subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

 

1)        The development should be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application except as modified by conditions of this permission.

 

2)        No operations, including HGVs entering and leaving the site, other than water pumping or environmental monitoring, should be carried out at the site except between the following times:

·       0700 and 1800 hours Mondays to Fridays and 0700 to 1300 hours on Saturdays;

No operations should take place at any time on Sundays or recognised public holidays.

 

3)        No winning and working of mineral or sale of processed mineral should take place. The site should be completely restored by 30 September 2016 in accordance with the approved restoration scheme.

 

4)        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any Order amending, replacing or re-enacting that Order), the access to the development hereby permitted should not be other than as shown as ‘new access’ on approved plan 010/4.

 

5)        All internal haul roads should be maintained in a condition free from potholes.

 

6)        All buildings, plant, machinery or structures and their foundations and bases, together with any hard standing should be removed from the site by 30 September 2016.

 

7)        The operators should insulate plant or machinery, silence vehicles and provide acoustic screening as might be necessary to ensure that noise levels or frequencies should not exceed 55 dB(LAeq) (1hour) freefield during the hours of operation permitted under condition 2, at the facades of the nearest residential properties.

 

8)        Dust control measures should be utilised as set out in paragraph 3.11.5 of the approved Planning Statement dated July 2014.

 

9)        No commercial vehicles should enter the public highway unless their wheels and chassis were clean such that mud and dust were not deposited on the highway.

 

10)     All turf, topsoil, subsoil and overburden stripped prior to mineral extraction, or quarry waste or such similar materials presently stored on site should be used for site restoration only.

 

11)     No storage or respreading of topsoil and subsoil should take place unless the percentage moisture in the subsoil and topsoil to be moved was less than the percentage moisture at the plastic limit of each of the topsoil and subsoil respectively.

 

12)     The full depth of the restored topsoil and the top 0.15 metres of subsoil should be ripped with an agricultural wing tine implement at a spacing not exceeding 1.5 times the working depth. All stones and rocks exceeding 100m in any dimension and other deleterious material should be removed.

 

13)     No bunds of overburden, quarry waste or soil should be left on the site after 30 September 2016.

 

14)     No mineral should be exported from the site with the exception of the stones to be removed under condition 12, and the hardstanding to be removed under condition 6.

 

15)     No building, plant or machinery or structure of fixed or mobile design should be located or operated other than on the quarry floor at the base of the deposit known as the sponge gravels except machinery engaged in storage and respreading of soil and overburden.

 

16)     Oil and fuel storage bunds should only be sited on impervious bases and surrounded by oil tight bund walls; the bunded areas should be capable of containing 110% of the tank’s volume and should enclose all fill and draw pipes.

 

17)     There should be no discharge of water containing sand, gravel, soil or grease.

 

18)     No reversing bleepers should be fixed to, or used on, any mobile plant.

 

19)     The field access directly from the A420 into the western part of the site should not be used for the development the subject of this planning permission or for any purpose connected with it.

 

20)     No works should be carried out other than in accordance with the approved mitigation and enhancement scheme section 6 (Mitigation Measures) of the Extended Phase 1 Habitat Survey Report dated September 2012, the Reptile Method Statement submitted 28 February 2013, the Tree Planting & Grassland Mix dated 28 February 2013 and section 1.8 of the 2013 Great Crested Newt Refresher Surveys (enzygo 2013) report dated 5 July 2013.

 

21)     Warning signs to users of footpath no. 17 of vehicles crossing the access road and to drivers of vehicles of pedestrians should be erected and maintained for the duration of the development hereby permitted.

 

Informatives

 

All bird nests, eggs and young were protected under the Wildlife & Countryside Act 1981 (as amended) which made it illegal to intentionally take, damage or destroy the nest of any wild bird while it was being used or being built. Therefore, no removal of [trees, scrub, hedgerows, and grassland] should take place between 1 March and 31 August inclusive to prevent committing an offence under the Wildlife & Countryside Act 1981 (as amended).

 

If any protected species [e.g. bats, badgers, dormice, otters, water voles, reptiles, amphibians, and breeding birds] were found at any point, all work should cease immediately. Killing, injuring or disturbing any of these species could constitute a criminal offence. Before any further work took place a suitably qualified ecological consultant should be consulted for advice on how to proceed. Work should not recommence until a full survey had been carried out, a mitigation strategy prepared and licence obtained (if necessary) in discussion and agreement with Natural England.

 

It is recommended that the native trees and seeds to be used in the restoration scheme should be of UK (or ideally more local) provenance. For example, the Flora Locale website gave contact details for suppliers of UK provenance seed and plants:

http://www.floralocale.org/HomePage

 

A Habitat Regulations licence from Natural England for great crested newts might be required to make this permission lawful.

 

b)        planning permission for application no. MW.0133/15 be approved subject to conditions to be determined by the Deputy Director (Strategy & Infrastructure Planning) but to include the following:

 

1)        The development should be carried out strictly in accordance with the particulars of the development, plans and specifications contained in the application except as modified by conditions of this permission.

 

2)        No operations, including HGVs entering and leaving the site, other than water pumping or environmental monitoring, should be carried out at the site except between the following times:

·       0700 and 1800 hours Mondays to Fridays and 0700 to 1300 hours on Saturdays;

No operations should take place at any time on Sundays or recognised public holidays.

 

3)        Imported material should be used only in connection with the restoration of the quarry in accordance with the approved restoration scheme.

 

4)        All internal haul roads should be maintained in a condition free from potholes.

 

5)        There should be no import of waste on site except soils.

 

6)        All buildings, plant, machinery or structures and their foundations and bases, together with any hard standing should be removed from the site by 30 September 2016.

 

7)        The operators should insulate plant or machinery, silence vehicles and provide acoustic screening as might be necessary to ensure that noise levels or frequencies did not exceed 55 dB(LAeq) (1hour) freefield during the hours of operation permitted under condition 2, at the facades of the nearest residential properties.

 

8)        Dust control measures should be utilised as set out in paragraph 3.11.5 of the approved Planning Statement dated July 2014.

 

9)        No commercial vehicles should enter the public highway unless their wheels and chassis were clean such that mud and dust were not deposited on the highway.

 

10)     Oil and fuel storage bunds should only be sited on impervious bases and surrounded by oil tight bund walls; the bunded areas should be capable of containing 110% of the tank’s volume and should enclose all fill and draw pipes.

 

11)     There should be no discharge of water containing sand, gravel, soil or grease.

 

12)     No reversing bleepers should be fixed to, or used on, any mobile plant.

 

13)     Warning signs to users of footpath no. 17 of vehicles crossing the access road and to drivers of vehicles of pedestrians should be erected and maintained for the duration of the development hereby permitted.

 

14)     No works should be carried out other than in accordance with the approved mitigation and enhancement scheme section 6 (Mitigation Measures) of the Extended Phase 1 Habitat Survey Report dated September 2012, the Reptile Method Statement submitted 28 February 2013, the Tree Planting & Grassland Mix dated 28 February 2013 and section 1.8 of the 2013 Great Crested Newt Refresher Surveys (enzygo 2013) report dated 5 July 2013.

 

Informatives

 

All bird nests, eggs and young were protected under the Wildlife & Countryside Act 1981 (as amended) which made it illegal to intentionally take, damage or destroy the nest of any wild bird while it was being used or being built. Therefore, no removal of [trees, scrub, hedgerows, and grassland] should take place between 1 March and 31 August inclusive to prevent committing an offence under the Wildlife & Countryside Act 1981 (as amended).

 

If any protected species [e.g. bats, badgers, dormice, otters, water voles, reptiles, amphibians, and breeding birds] were found at any point, all work should cease immediately. Killing, injuring or disturbing any of these species could constitute a criminal offence. Before any further work took place a suitably qualified ecological consultant should be consulted for advice on how to proceed. Work should not recommence until a full survey had been carried out, a mitigation strategy prepared and licence obtained (if necessary) in discussion and agreement with Natural England.

 

It is recommended that the native trees and seeds to be used in the restoration scheme should be of UK (or ideally more local) provenance. For example, the Flora Locale website gave contact details for suppliers of UK provenance seed and plants:

http://www.floralocale.org/HomePage

 

A Habitat Regulations licence from Natural England for great crested newts might be required to make this permission lawful.