Local Member

Mrs. J. Jessel East – Needwood and Mrs. J. M. Eagland – Rural North

Scheme of Delegation to Officers

Minerals County Matter / Waste County Matter

Application No (District): L.19/03/817 MW ()

Applicant: Tarmac Aggregates Limited

Description: Application to vary (not comply with) Conditions 11 (the quantity of exported sand and gravel), 12 (the quantity of imported inert restoration material), 24 (the operating hours) and 38 (the number of HGV movements) of planning permission L.14/03/817 MW at Quarry, Road, Alrewas.

Background

Tarmac Aggregates Limited is the operator of Alrewas Quarry. Mineral extraction has been carried out in this general area for many years. Alrewas Quarry began in the 1970’s and the Whitemoor Haye Extension was permitted in 2005.

Operations in the extraction areas and plant site are currently regulated via a planning permission granted in May 2017 (reference L.14/03/817 MW) for a southern extension to Alrewas Quarry with restoration to agriculture, amenity and nature conservation by importation of restoration materials. Operations are spread across five phases over a 107-hectare area with a consented reserve of 4.4 million tonnes scheduled to be worked over a 12-year period. Mineral extraction operations are currently in Phase 3, to the south of Roddidge Lane. From here the mineral is transported over Roddidge Lane using dumper trucks to a feed hopper situated north of the same, from which the mineral is then transported to the plant site in the north of the site by conveyor.

The application mainly relates to the processing plant site situated to the north of Croxall Old Road and to the west of the National Memorial Arboretum.

Site and Surroundings

Alrewas Quarry is located to the south-east of Alrewas village and is divided by the A513.

The current operational extraction area is located to the south of the A513 and west of Barley Green Lane. To the north of the A513 land consists of previously worked areas in the process of final restoration and agricultural land yet to be

1 worked, part of which is currently used as a temporary second carpark for the National Memorial Arboretum. Further north of Croxall Old Road are silt lagoons associated with previous mineral extraction and a mineral processing plant site area with ancillary facilities such as weighbridge and site offices and plant and equipment associated with the processing/manufacture of added value products, including ready mixed concrete; and, an aggregates bagging plant.

The processing plant site area has direct access from Croxall Old Road and the potentially sensitive land uses in proximity are The National Memorial Arboretum, immediately to the east of the plant site, and the Whitemoor Haye Lakes ‘Activity Centre’ to the south east. The nearest residential premise is Homestead Farm, some 400m west of the plant site, separated from the site by the ‘Birmingham to Derby’ branch active railway line. The A38 Strategic Road Network (Lichfield to dual carriageway section) is also located further to the west.

The National Memorial Arboretum is the UK Centre of Remembrance and covers an area of 60 hectares and includes the Millennium Chapel of Peace and Forgiveness, the and Basra Memorial Wall, a visitor centre and education centre.

Summary of the Proposals

Variations to the current conditions L.14/03/817 MW are sought as Tarmac have secured a proportion of the supply of Ready Mixed Concrete (RMX) to the HS2 project.

The quantity of exported sand and gravel (Condition 11)

Based on the anticipated requirement for aggregates demand to RMC plants, Tarmac are seeking to increase output from the site from 400,000 tonnes per annum (tpa) to 600,000 tpa and then once contracts are let for the HS2 Project to increase output to 750,000 tpa.

The quantity of imported inert restoration material (Condition 12)

To ensure that progress of restoration maintains pace with rates of extraction, Tarmac are also seeking to increase the import of inert waste from 200,000 tpa to 250,000 tpa.

The operating hours (Condition 24)

Increased hours of operation from 11 hours per day to 16 hours per day to cover both the processing plant and associated vehicle movements are also sought. This would be an increase in operating hours from the currently approved 7:00 am – 6:00 pm hours to 6:00 am - 10:00 pm hours Monday to Friday. Also, an increase from the currently approved 7:00 am – 1:00 pm hours to 6:00 am - 4:00 pm Saturdays. The applicant states the reasons for increased operating hours for HGV movements are two-fold; firstly, the site does not have sufficient stocking capacity for the additional volume of processed mineral; and secondly the 'take- off' requirements for the HS2 project. To confirm, the submitted noise impact assessment took account of HGV movements across the full working hours.

2 Also, to confirm the mineral extraction operations would continue to be undertaken within the currently consented hours.

The number of HGV/HCV movements (Condition 38)

To accommodate the above increased HGV movements are required to achieve the maximum proposed output of 750,000 tpa. Mineral extraction HGV vehicle movements are proposed to be increased per full working day from 162 (81 in and 81 out) to 302 (151 in and 151 out). This equates to 19 movements per hour over a 16-hour working day. Inert restoration material HGV movements are proposed to be increased per full working day from 146 (73 in and 73 out) to 182 (91 in and 91 out).

The Transport Assessment submitted with the application comments that the permitted hourly HGV activity is currently 28 movements per hour (14 in and 14 out) in relation to the 308 daily HGV movements per full 11 hour working day 7am – 6pm (Condition 38 of permission L.14/03/817 MW). Whilst the application does not propose to import outside of the normal business hours, however hourly HGV activity proposed by the application is rounded to 20 movements per hour (10 in and 10 out) in relation to the proposed 302 daily movements associated with the export of mineral spread evenly over 16 hours 6am – 10pm.

The application is accompanied by an Environmental Statement including Mineral Development Statement and Planning Statement. A noise report and transport assessment are appendices to the Environment Statement. A supplementary noise assessment of noise impact has also been submitted as an addendum to the Environmental Statement following the guidance presented within BS4142:2014 guidance and additional information on traffic and hours of movements have also been provided to clarify matters and address consultation responses.

Applicant’s Case

The applicant states that historically the site has operated at up to 600,000 tpa (Whitemoor Haye Quarry permission (ref. L.950534 dated 4 March 1997), but in more recent years has been limited to around 450,000 tpa, a function of market conditions and increased levels of downtime for maintenance. Due to the aggregate quality, Alrewas will be a key source of aggregates to the HS2 project and Tarmac are therefore seeking to increase output from the site to 750,000 tpa. The exceptional circumstances provided in the application for the proposed increased hours of operation of the site’s processing plant and HGV movements is to supply HS2 (Stream 1) and supply normal market demand (Stream 2). As the Alrewas aggregate will all be going in to the concrete plants, demand for aggregate supplies will run across the full operating window of 06.00-22.00 hours Monday to Friday and 06.00 - 16.00 Saturday. This increased demand will result in a quicker depletion of mineral reserve at Alrewas Quarry, which is proposed to be offset by a further extension to the south. [Note: A planning application has recently been submitted for a southern extension but it has not yet been determined (ref. L.19/09/817 MW)]

The proposals will not:

3 • increase the extent of the current site;

• seek to change the approved schemes of working and restoration;

• bring the wider site any closer to residential development and/or any other sensitive forms of development;

• change the approved points of access;

• change the noise limits articulated under current planning conditions; and,

• change any of the processes undertaken on the wider site

In response to queries raised by statutory consultees the applicant has commented in respect of HS2 Code of Construction Practice and Heavy Goods Vehicle (HGV) movements and traffic concerns raised by Parish Councils.

Link to HS2: Aggregate from Alrewas would be supplied to concrete plants within HS2 yards at Coleshill, Park Lane and Stoneleigh Park, together with the Tarmac holding yard at Washwood Heath. All vehicles associated with the supply of material to HS2 would leave site and head towards the A38 junction before heading south along the A38.

With regards to the HS2 Code of Construction Practice, the applicant states whilst the proposed operating hours exceed the HS2 core working hours, there are however identified operations that would need to operate outside of the core hours for reasons of engineering practicality including major concrete pours. Therefore, material from the concrete plants and aggregate supplies would be required outside of the HS2 core operating hours. Core working hours for HS2 are defined as 08.00 - 18.00 Monday to Friday and 08.00 - 13.00 Saturday. The applicant states though that the HS2 policy does however allow for an additional 1 hour start up and close down period which specifically allows for deliveries, which means that the core delivery times in to the compounds would be within the already permitted operational hours for Alrewas Quarry i.e. 07.00 - 19.00 Monday - Friday and 07.00 - 14.00 Saturday.

In addition, Tarmac’s in-house concrete plants in and around Birmingham would continue to be supplied from Alrewas and as they have the benefit of 24/7 planning permissions can receive aggregate supplies during the evening window. In order to continue to meet normal market demand Tarmac propose to utilise HGV activity between 0600-0800 hours, and 1800-2200 hours to ensure continued aggregate supply to their own RMC plants, and other fixed contracts with other RMC and pre-cast concrete operators.

With regards to longevity, Tarmac’s current understanding is that HS2 demand for aggregates would commence in early-mid 2020, ramping up to full production in the third quarter of 2020, through to end 2022, before ramping down again. However, this demand profile only relates to phase 1 of the scheme (London - ). Phase 2 of the scheme is expected to continue immediately behind covering lines from West Midlands to Leeds and Crewe, for which similar volumes would be required.

4 In light of the uncertainty surrounding the timing of HS2, Tarmac would be prepared to accept a tiered condition such that the full 750ktpa output is approved, but conditioned such that output would not exceed 600,000 tpa unless and until contracts are let requiring the supply of aggregate to HS2 at which point the output can increase to the approved 750,000 tpa.

Traffic concerns: In response to initial concerns raised by Parish Council about the Chetwynd Bridge, the applicant confirms that no HS2 related traffic would use this route. With respect to initial concerns raised by Alrewas Parish Council, the applicant comments that no traffic would be going through the villages. In terms of routing over 90% of HGV activity is routed west along the A513 to access the A38, with in frequent activity routed east towards Tamworth. The proposals are not anticipated to increase the amount of HGV numbers to the east, and as such the Chetwynd Bridge would not be affected any more than existing. As regard the National Memorial Arboretum, the applicant states that Tarmac will continue to work with the NMA to ensure the safety of visitors and would support any aspirations to place speed restrictions on Croxall Old Road, and proposals for additional signs, marking or other structures that serve to ensure the safety of visitors and members of the public. Tarmac are willing to meet with the Council’s highways representatives and the National Memorial Arboretum Head of Operations.

Relevant Planning History

Mineral extraction has been carried out in the area for many years. The following permissions have been granted:

• Alrewas Quarry, to the north of the A513, was granted permission by the Secretary of State in 1973 (ref (ELR.10761). Mineral extraction commenced in 1977 and has now ceased in this area and the land restored (except for the processing plant site).

• Permission was later granted to the south of the A513 at ‘Whitemoor Haye Quarry’ which also included the processing facility (ref. L.950534 dated 4 March 1997). This permission was for the winning and working of sand and gravel, the restoration of land by the importation of inert waste material for; agriculture, floodplain forestry, amenity woodland, nature conservation, and quiet water-based recreation. This permission required mineral extraction to cease by 31 December 2011 and the importation of inert waste material for restoration purposes to cease 15 years from the date of commencement, i.e. by 8 January 2016.

• An application to vary the ‘Whitemoor Haye Quarry extension’ permission ref. L.11/12/847 MW was received on 31 January 2012 to vary condition 6 of planning permission L.950534 to allow restoration to be completed by 22 June 2020 was approved under the Council’s Scheme of Delegation on 3 February 2015, subject to the completion of a Section 106 Legal Agreement. Currently the legal agreement has not been completed and as such the planning permission has not been issued. The requirements of the legal agreement remain relevant as they relate to extended aftercare management of parts of the site. On 15 May 2019 however timings

5 regarding the restoration of Whitemoor Hay was submitted confirming that all mineral extraction operations have ceased; the restoration earthworks in the main part of the site are expected to be completed by end of September 2019 and all farm tracks reinstated. The drainage scheme will be updated end of summer – autumn 2019 to match the achieved ground levels and hedge planting and woodland planting to be completed by February 2020. The remaining under drainage and pumping system to be installed in 2020 and final removal of site access and adjacent infrastructure and reinstatement of verge by June 2020.

• A stop gap extension to Whitemoor Haye Quarry was permitted on 5 February 2014 (ref. L.13/07/817 MW) for an 11.5 hectare extension and the establishment of a new access to allow restoration to agriculture and nature conservation habitat with imported inert restoration materials. [This permission relates to land covered by Phase 1a of the southern extension to Alrewas Quarry (planning permission ref. L.14/03/817 MW)]. Details of the improvements to the access to the site from Croxall Road, prior to the first importation of waste, required by condition 21 were approved 30 May 2019 (ref. L.13/07/817 MW D3).

• A southern extension to Alrewas Quarry with restoration to agriculture, amenity and nature conservation by importation of restoration materials was permitted on 17 May 2017 (ref. L.14/03/817 MW). This application included the existing quarry processing plant and office building (Yew Tree House). There is an associated Section 106 Legal Agreement dated 10 May 2017 which relates to vehicle routing to and from the site, and long- term aftercare. Schedule 6 of the Legal Agreement requires a long-term restoration aftercare scheme for all restored land within those areas highlighted on Plan 2 of the Agreement. The extended aftercare period covers a duration of ten years following restoration and the completion of a 5-year period of aftercare required by the planning permission. An Extended Aftercare Management Plan was received on 29 April 2019. As the submission was received outside of the timeframe specified in the Legal Agreement an application to modify the Planning Obligation is required to discharge the requirement. The information however is also required to be submitted to address the 5-year statutory aftercare period as part of the detailed Restoration and Aftercare Scheme required to discharge condition 67.

• A ‘Scheme of Conditions’ to review the conditions for Alrewas Quarry was submitted in July 1999, additional information was required but has not been submitted, therefore a decision has not been issued (ref. L.EA/9).

As application L.14/03/817 MW is being varied by this current application, it is relevant to look at which of the 70 conditions required submissions of details and of these to look at which have been discharged and which are outstanding:

• L.14/03/817 MW D1 dated 7 November 2017 approved details of a nesting bird check for Phase 1b (condition 50) and an Archaeological Investigation Scheme (Condition 59) required by planning permission L.14/03/817 MW.

6 • L.14/03/817 MW D2 dated 31 January 2019 approved details of a surface water drainage scheme (condition 20); a detailed groundwater monitoring scheme (condition 21); a detailed scheme for the dewatering on local water features (condition 22); a detailed noise monitoring scheme (condition 41); a dust management scheme (condition 47); a botanical species survey (condition 51); a working method statement and ecological management plan for Phase 2 (condition 52); a great crested newt survey of the land within 250 metres of Pond 4 (condition 54); an updated tree protection plan (condition 55); and a hedgerow management and enhancement plan (condition 56) required by planning permission L.14/03/817 MW.

• L.14/03/817 MW D3 dated 12 July 2018 approved details of a working method statement and ecological management plan in relation to Phase 3 only (condition 52); and, a great crested newt survey (condition 54) required by planning permission L.14/03/817 MW.

• L.14/03/817 MW D4 dated 18 September 2017 acknowledged the notification of soil stripping in Phase 3 (condition 3a) required by planning permission L.14/03/817 MW.

• L.14/03/817 MW D5 dated 30 May 2019 approved details of suitable imported materials (condition 14); mineral stockpiling (condition 25); and ancillary plant and equipment (condition 61) required by planning permission L.14/03/817 MW. As the submissions were made beyond the deadline set out in the conditions of the planning permission a Non Material Amendment Application (NMA application) was received and was approved to extend the submission dates to 24 January 2018 (ref. L.14/03/817 MW NMA1 dated 24 January 2018). Details of the proposed landfill entrance on Barely Green Lane to Phase 1b (condition 30); and, details in connection with the construction and maintenance of the road crossing point over Roddige Lane prior to working operations in Phase 3b (condition 39) have not been discharged. Revised details are required once the Major Works Agreement has been completed.

• L.14/03/817 MW D6 dated 24 June 2019 approved a detailed progress plan to update the approved working scheme (condition 9); and, the first review of the approved restoration scheme (condition 66) required by planning permission L.14/03/817 MW. As the submissions were made beyond the deadline set out in the conditions of the planning permission a Non Material Amendment Application (NMA application) was received on 30 April 2019 and was approved to extend the submission dates to 17 May 2019 to discharge the conditions (ref. L.14/03/817 MW NMA2 dated 24 May 2019).

The ancillary developments within the processing plant site are subject to the following permissions:

• Single storey office accommodation and associated car parking was originally granted in October 2000 (L.00/00640) and the timescale for the use was linked to planning permission L.950534.This is now incorporated

7 in permission L.14/03/817 MW.

• Erection of a ready mixed concrete plant for the manufacture and distribution of ready mixed concrete granted May 2002 ( L.01/00647). The timescale for the use was linked to planning permission L.950534.

• The erection and operation of a bagging plant was granted planning permission in May 2002 (ref. L.01/00886). The timescale for the operation of this facility is linked to planning permission L.950534. This is now incorporated in permission L.14/03/817 MW.

• A facility for the recycling of construction and demolition materials was granted planning permission in March 2008 (L.08/03/817 MW) This permission expired on 31 December 2011.

• L.18/01/817 MW dated 28 September 2018 approved a change of use of part of the site adjacent to the existing office building (Yew Tree House) and National Memorial Arboretum to enable the establishment and operation of a contracting depot and workshop premises to undertake essential maintenance of equipment associated with mineral extraction.

On 2 October 1995 Lichfield District Council granted planning permission for a proposed National Memorial Arboretum (L.950605) on the former "Croxall site" and the eastern part of the Alrewas main plant site which had been restored.

• L.19/09/817 MW received on 2 October 2019 for the winning and working of sand and gravel including a southern extension and the re-phasing of permitted working and restoration schemes; the restoration of the quarry by the importation of inert waste material; the provision of new crossing points and conveyor bridges at Stockford Lane, Sittles Lane and Roddige Lane as well as the continued use of existing crossing points on Roddige Lane, the A513 and Croxall Road; and the continued use of the mineral processing plant and other ancillary facilities already permitted including weighbridge, site offices, field conveyor, concrete batching plant and bagging plant At Alrewas Quarry has not yet been determined

Environmental Impact Assessment (EIA)

Screening Opinion: NO Environmental Statement: YES

The findings of the ES (and the environmental information subsequently received) are summarised in Appendix 1.

Appropriate Assessment

In accordance with the Habitats Directive (Council Directive 92/43/EEC) and Regulation 48 of the Habitats Regulations 1994, an Appropriate Assessment was undertaken in relation to the application being varied ref. L.14/03/817 MW to rule out the likelihood of significant effects on the SAC /to ensure that the development would not have a significant effect on the heathland habitats of the River Mease Special Area of Conservation (SAC). Based on the information

8 submitted, and the nature of the variation of conditions it is still considered that the proposed development would not have a significant effect on the key features and/or site integrity of the River Mease SAC.

Consultation Responses

Internal

The Environmental Advice Team (EAT) – no comments to make.

Highways Development Control (on behalf of the Highways Authority) – no objections. Further clarification was originally requested on vehicle movements over the proposed 16-hour full working day and the information was subsequently supplied by the applicant.

County Council’s Noise Engineer – no objection. A supplementary noise assessment of noise impact using BS4142:2014 guidance was requested to assess the use of the processing plant during the evening period and this was subsequently supplied by the applicant. A condition is recommended which requires the operator to take immediate steps to reduce noise emissions should noise exceed specified levels and then demonstrate compliance through further noise measurement and assessment. This condition has been accepted by the applicant.

Flood Risk Management Team (on behalf of the Lead Local Flood Authority) - no objections and no further comments to make.

Planning Regulation Team – no comments to make.

External

Lichfield District Council – Planning – no objection, subject to the County Council being satisfied that the proposal complies with the current Minerals & Waste Local Plans, and that there will be no adverse impacts on traffic/highway safety and the amenity of neighbouring properties.

Lichfield District Council – Environmental Health – no objections.

Alrewas Parish Council– no objections. Concerns were originally raised about the increase in the number of traffic movements, the times allowed for HGV movements, including on Saturdays, and the routes of HGV traffic. The Parish Council withdrew their objection as assurance was provided by the applicant.

Edingale Parish Council – no objections. Concerns were originally raised in connection with the increase in HGV traffic and the potential effect on the historic Chetwynd Bridge on the A513. On receipt of additional supporting information confirming that the use of the Chetwynd Bridge would not be increased as a result of this application, the Parish Council withdrew their objection

Environment Agency - no objections.

Natural – no comments to make.

9 Highways England - no objection on the basis that the increase in traffic generation is considered to be low and as such it is envisaged that the proposed development would not have a material impact on the operation and functionality of the Strategic Road Network.

Network Rail – commented where alterations to existing ground levels are proposed within 10 metres of the boundary of railway land (including the construction of storage mounds) detailed plans of the development, including cross-sections, should be forwarded to Network Rail for assessment and comment before development commences to ensure that railway operations and infrastructure will not be affected adversely during and following the development.

National Air Transport Service - no safeguarding objections.

National Memorial Arboretum (NMA) – Conditions are recommended to avoid ambiguity in relation to HGV movements, hours of extraction, and continued adherence to noise requirements of condition 42. It is commented the continued commitment to suspend operations during events held at the National Memorial Arboretum are welcomed and the importance of the Liaison Committee is recognised. The increase in HGV movements and intensification on Croxall Old Road however raises pedestrian safety concerns regarding the temporary second visitor car park located opposite the quarry entrance on the opposite side of the road to the NMA. Consideration of traffic management measures are requested between the Council’s highway representatives, Tarmac and the NMA for the safety of pedestrians moving between the NMA and the carpark. [Note this matter is being looked at separate to the planning application].

Whittington and Parish Council - no response received.

Fradley and Parish Council – no response received.

South Staffordshire Water - no response received.

Forestry Commission - no response received.

Central Rivers Initiative- no response received.

Forest of Mercia - no response received.

The Woodland Trust - no response received.

Publicity and Representations

Site notice: YES Press notice: YES

The application was advertised in the Lichfield Mercury and 8 site notices were erected around the site. 306 neighbour notification letters were also sent out. No representations have been received.

10 The development plan policies relevant to this decision

Refer to Appendix 2 for the development plan policies and proposals, and the other material planning considerations, relevant to this decision.

Observations

This is an application to vary (not comply with) Conditions 11 (the quantity of exported sand and gravel), 12 (the quantity of imported inert restoration material), 24 (the operating hours) and 38 (the number of HGV movements) of planning permission L.14/03/817 MW at Alrewas Quarry, Croxall Road, Alrewas.

Having given careful consideration to the application, environmental and other information, including the environmental information subsequently received, and the consultation responses, the relevant development plan policies and the other material considerations, all referred to above, the key issues are considered to be:

• Any material changes to the site, its surroundings or in terms of planning policy considerations

• The effects of the proposals on the environment and local amenity (noise, traffic impacts and restoration)

• The opportunity to update the existing planning conditions and Section 106 Legal Agreement.

Any material changes to the site, its surroundings or in terms of planning policy considerations

The principle of mineral extraction has been established at Alrewas Quarry by the granting of planning permission in 1973 (ref (ELR.10761). Historically the site has operated at up to 600,000 tpa (permission ref. L.950534 dated 4 March 1997) but in more recent years has been limited to 400,000 tpa by the extant permission being varied (L.14/03/817 MW dated 17 May 2017). As described earlier, permission is now sought to increase the quantity of exported sand and gravel to 600,000 tpa to meet general market demand and then when notified by HS2 or its principal contractor to increase this export to 750,000 tpa in order to supply construction materials to the High Speed 2 National Infrastructure Project. Extending operating hours for the processing plant and associated increased vehicle movements are also sought to accommodate the export. Additional imported inert restoration material would also be required. No material changes to the site or the surroundings have taken place since the most recent decision by the Planning Committee in 2015. [It should be noted that whilst application ref. L.14/03/817 MW was permitted by Members of Planning Committee on 5 March 2015, the associated Section 106 legal agreement decision was not signed until 11 May 2017 and the planning permission was therefore not issued until 17 May 2017. The Minerals Local Plan for Staffordshire was adopted on 16 February 2017, however it was concluded that as the new Local Plan included a site allocation to extend Alrewas Quarry (inset Map 6) and as consideration had been given to the policies and proposals in the emerging plan at the time when the

11 application was determined and they have not substantially changed since then, the Decision Notice could be issued as there had been no material changes]. It is nevertheless important to now consider the effects of the changes to the operational hours, output and vehicle movements with regard to the development plan policies.

Conclusion - It is reasonable to conclude that the proposed changes to the permitted development are acceptable in principle. However, it is also important to have regard to the site-specific effects of the proposed changes to the permitted development in terms of the effects on the environment and local amenity. These matters are considered below.

The effects of the proposals on the environment and local amenity (noise, traffic impacts, and restoration)

The Minerals Local Plan for Staffordshire (Policy 4) seeks to ensure that the impact of mineral development is minimised. The hours of operation are currently justified in terms of protecting local amenity, and it is therefore necessary to consider if the operation of the processing plant (hours) and the associated vehicle movements can be increased without harm to amenity.

Noise

The National Planning Policy Framework (section 17) states that ‘When determining planning applications, great weight should be given to the benefits of mineral extraction, including to the economy. In considering proposals for mineral extraction, minerals planning authorities should ….ensure that any unavoidable noise emissions are controlled, mitigated or removed at source, and establish appropriate noise limits for extraction in proximity to noise sensitive properties’ (refer to paragraph 205 c of the NPPF).

The current permitted hours of operation for a full working day are 07:00 to 18:00 hours. The application is accompanied by a noise assessment which considers proposals to undertake the currently permitted operations during an extended working day i.e. from 06:00 to 22:00 hours. The main source of the potential noise impact is the from the plant’s processing operations and the loading of HGVs. The report concludes that noise levels during the extended hours would not lead to unacceptable adverse impacts at the nearest noise sensitive premises: 1-4 Croxall Road to the west and Homestead to the north. The applicant has confirmed that the flexibility of extended hours is required however the site wouldn’t necessarily operate to those hours every day. The County Council’s Noise Engineer and Lichfield District Council Environmental Health have been consulted and have no objections. The County Council’s Noise Engineer has however recommended a new noise condition which requires the operator to take immediate steps to reduce noise emissions should noise exceed specified levels and then demonstrate compliance through further noise measurement and assessment. This condition has been accepted by the applicant.

Conclusion: Having regard to the above-mentioned policies and guidance, consultee comments, and having regard to the conditions recommended below, it

12 is reasonable to conclude that the proposed changes to the permitted development would not give rise to any unacceptable adverse noise impacts.

Traffic

The National Planning Policy Framework (section 9) states: “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe” (refer to paragraph 109 of the NPPF). Mineral planning authorities should also consider the cumulative effect of multiple impacts from individual sites (refer to paragraph 205 e) of the NPPF). The Minerals Local Plan for Staffordshire (Policy 4.1 (e)) sets out how impacts including traffic on the highway network associated with mineral development proposals should be assessed with the aim or preventing or minimising impacts.

Historically Alrewas Quarry has operated at an output of up to 600,000 tpa (permission ref. L.950534 dated 4 March 1997) and whilst there was no vehicle restriction by condition, traffic movements stated in the March 1996 committee report were 220 per day for processed sand and gravel and 250 per day for landfilling, a total of 470 movements. The extant permission being varied permits vehicle movements of 162 mineral extraction HCV movements and 146 inert restoration material HCV movements per full working day, a total of 308 movements. The application is supported by a Transport Assessment which provides a breakdown of the anticipated HGV movements to achieve the maximum proposed output of 750,000 tpa and cater for the demand created by the construction of HS2 and also to meet general market demand for sand and gravel, in addition to increased inert restoration material movements. Mineral extraction HGV vehicle movements are proposed to be increased per full working day from 162 (81 in and 81 out) to 302 (151 in and 151 out). This equates to 19 movements per hour (rounded to 20 movements per hour) over a 16-hour working day. Inert restoration material HGV movements are proposed to be increased per full working day from 146 (73 in and 73 out) to 182 (91 in and 91 out). Highways England and the Highways Authority have considered highway capacity and safety and have no objection to the proposed total vehicle movements of 484 per full working day. Edingale Parish Council and Alrewas Parish Council have also confirmed that they have no objection. The National Memorial Arboretum (NMA) has however recommended conditions to avoid ambiguity in relation to HGV movements. A condition limiting vehicle movements associated with an output of up to 600,000 tpa and an overall output of 750,000 tpa has been accepted by the applicant.

Conclusion: Having regard to the policies, guidance, material considerations, application and supporting information, and comments from consultees, referred to above, it is reasonable to conclude that there would not be any unacceptable adverse impact in terms traffic on the highway network subject to a condition limiting vehicle movements associated with an output of up to 600,000 tpa and an overall output of 750,000 tpa.

Restoration

The Minerals Local Plan for Staffordshire (Policy 6.2 (a)) seeks to ensure that

13 proposals for the restoration of mineral sites are practicable and achievable. Whilst the proposed increased rate of output will affect timescales for extracting remaining reserve, and an output of 600,000tpa was previously accepted, it is necessary to consider the effect on progressive restoration. There is a risk that there will be an increased period between the completion of mineral extraction in each phase and its restoration, but the permission already provides requirements for restoration review and to some extent the benefits of supply to a nationally significant project should be also considered. Mitigation is also noted as the proposal involves increasing the rate of imports of inert restoration material. No adverse comments have been received from statutory consultees.

Conclusion: Having regard to the policies, guidance, and other material considerations, it is reasonable to conclude that the proposal does not hinder the approved working scheme and the approved restoration scheme.

The opportunity to update the existing planning conditions and Section 106 Legal Agreement

Section 4, paragraph 54 to the NPPF states that local planning authorities should consider whether otherwise unacceptable development could be made acceptable through conditions. Paragraph 55 of the NPPF explains that:

‘Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects’.

The Minerals Local Plan for Staffordshire (Policy 4.5) seeks to minimise the impact of mineral development and to ensure higher environmental standards.

The Planning Practice Guidance states:

‘To assist with clarity decision notices for the grant of planning permission under section 73 of the Town and Country Planning Act 1990 should also repeat the relevant conditions from the original planning permission, unless they have already been discharged’ (Planning Practice Guidance, Flexible options for planning permissions; How can a proposal that has planning permission be amended?, What is the effect of a grant of permission?, paragraph 015).

The Planning Practice Guidance also states:

‘In granting permission under section 73 the local planning authority may also impose new conditions – provided the conditions do not materially alter the development that was subject to the original permission and are conditions which could have been imposed on the earlier planning permission’ (Planning Practice Guidance, Use of planning conditions, The use of pre-commencement conditions, How are conditions treated under section 73?, paragraph: 040).

Based on the above guidance, it is considered that most of the 70 conditions of the extant planning permission ref.L.14/03/817 MW issued on 17 May 2017

14 remain relevant, however this application provides an opportunity to review and update conditions where relevant, necessary and reasonable. For example, as a number of submissions of detail have been received and the relevant conditions discharged, it is considered reasonable and necessary therefore to update those conditions.

The Section 106 Legal Agreement for the site (ref JR/002918 dated 10 May 2017) includes a clause allowing for any subsequent planning permissions granted in accordance with Section 73 of the Town and Country Planning Act to be subject of the requirements of the Section 106 Legal Agreement. There are no recommendations to amend the Section 106 Legal Agreement.

Conclusion: Having regard to the policies and guidance referred to above, it is reasonable to conclude that the information required by the planning conditions referred to above are still relevant, necessary and reasonable and are up to date, subject to some amendments to refer to approved submissions of detail. It is also considered that there is no need to amend the Section 106 Legal Agreement.

Overall Conclusion

Overall, as an exercise of judgement, taking the relevant development plan policies as a whole and having given consideration to the application, the supporting and environmental information, the consultation responses, and the other material considerations, all referred to above, it is reasonable to conclude that the proposed changes to the permitted development are acceptable and should be permitted subject to conditions.

Recommendation

Permit the application to vary (not comply with) Conditions 11 (the quantity of exported sand and gravel), 12 (the quantity of imported inert restoration material), 24 (the operating hours) and 38 (the number of HGV movements) of planning permission L.14/03/817 MW at Alrewas Quarry subject to the conditions of the current planning permission L.14/03/817 MW) updated as highlighted in the reasons for the condition and additional conditions recommended below.

Signed: ------[Electronic Copy: Signature Removed]------

Mike Grundy Planning, Policy and Development Control Manager

Date: 14 November 2019

15 The recommended conditions: ref. L.19/03/817 MW

Definition of Consent

1. This planning permission shall only relate to the site edged red on ‘Location Plan’ (drawing A301/PL14/01), hereafter referred to as ‘the Site’ and the development hereby permitted shall only be carried out within the Site in accordance with the following approved documents and plans listed below: a) Approved documents and plans referred to in planning permission ref. L.14/03/817 MW dated 17 May 2017:

• Application Form dated 21 March 2014; • Location Plan (drawing A301/PL14/01); • Site Plan (drawing A301/PL14/02); • Indicative Working Plan (dwg no A301/PL14/03); • Concept Restoration Masterplan Northern Area (dwg no A301/PL14/04) superseded by L.14/03/817 MW D6 dated 24 June 2019; • Concept Restoration Masterplan Southern Area (dwg no A301/PL14/05) superseded by L.14/03/817 MW D6 dated 24 June 2019; • Environmental Statement dated March 2014 and Appendices; • Non-technical Summary; • Supporting Planning Statement; • Email from David L Walker dated 27 June 2014 responses to National Rail, Natural England & National Grid; • Email dated 27 June 2014 from David L Walker Limited re. response to request for clarification concerning submission: o Photograph Locations and Photographs Figure 11; • Email dated 8 August 2014 from David L Walker Limited re Environment Agency response concerning surface water drainage; • Email from David Tucker Associates dated 25 July 2014 re Highways Agency response concerning proposed development; traffic generation and impact assessment; o Copy of Working Plan sent to Highway Agency; o Copy of Site Plan sent to Highway Agency; o Copy of Environmental Statement sent to Highway Agency - L.14/03/817 MW; o HGV Profile information; o Alrewas Sales Breakdown; • Email from David L Walker dated 4 September 2014 responses to Environmental Advice Team concerning landscape; restoration; forestry; ecology; conditions; archaeology and rights of way: o Great Crested Newt Survey Report Revision A; o Bat Roost Survey Report Revision A; o Update Bat Activity Survey Report-Revision A; o Update Breeding Bird Survey Report Revision A;

16 o Update Wintering Bird Survey Revision A; o Alrewas Quarry Ecological Surveys Summary; • Email from David L Walker dated 8 October 2014 response to National Grid concerning high pressure gas main; • Email from David L Walker dated 11 November 2014 response to Environmental Advice Team - concerning biodiversity enhancements; • Email from David L Walker dated 29 January 2015 response to Environmental Advice Team concerning great crested newts and ground nesting birds: o Great Crested Newt Survey Rev D (January 2015); • Email from David L Walker dated 4 February 2015 response to Environmental Advice Team concerning badger survey and Pond 4. b) Approved details in accordance with planning permission ref L.14/03/817 MW

• L.14/03/817 MW D1 dated 7 November 2017 approved details in compliance with Conditions 50 for Phase 1b (nesting birds) and 59 (archaeology) of planning permission L.14/03/817 MW which approved:

o Application Form dated 28 June 2017 o Specification of Archaeological works prepared by Phoenix Consulting Limited dated 30 April 2015 o Email from Plyedell Smithyman Limited dated 28 September 2017.

• L.14/03/817 MW D2 dated 31 January 2019 approved details in compliance with Conditions 20, 21 and 22 (flood risk), 41 (noise monitoring), 47 (dust), 51 (for phase 2), 52, 54, 55 and 56 (nature conservation) of planning permission L.14/03/817 MW which approved:

o Application Form dated 28 June 2017; o Submission to Discharge Conditions for Phase 2 onwards (Rev A July 2017); o Information Relating to Conditions 55 & 56 (Rev C January 2017); o Groundwater management and monitoring schemes (ref. TAR/AL/CJC/2864/01/SWMPb dated July 2017); o Pond 4 Assessment (Revision B – July 2017); o Botanical Survey of Phase 2 (Revision A – July 2017); o Working Method Statement and Ecological Management Plan (Revision B - July 2017); o Surface Water Drainage Scheme (Ref. TAR/AL/CJC/2864/01/SWMPb dated July 2017) and appendices; o Tree Retention, Protection & Removals Context Plan (dwg noM13.116(g).D.020 Rev A);

17 o Hedgerow Enhancement & Management Plan (dwg no M13.116(h).D.021 Rev D); o Tree Retention, Protection & Removals Proposals (dwg no. M13.116(g).D.023 Rev C); o Email from David L Walker Limited dated 22 December 2017 responding to the Environmental Advice Team.

• L.14/03/817 MW D3 dated 12 July 2018 approved details in compliance with conditions 52 (working method statement and ecological management plan for phase 3) and 54 (great crested newt survey) of planning permission L.14/03/817 MW which approved:

o Application Form dated 17 July 2017; o Botanical Survey and Protected Species Check for Phase 3 (July 2017 Revision A); o Email from David L Walker dated 29 August 2017; o Email from David L Walker dated 27 September 2017; o Email from David L Walker dated 3 October 2017; o Update Great Crested Newt Surveys for Phases 2 to 5 dated September 2017 (ref. M13.116(k).R.003 ); o Update Bat Roost Survey Report for Phase 3 dated September 2017 (ref. M13.116(k).R.005) o Tree Inspection Report dated 29 September 2017 (ref. M13.116(m).R.001); o Email from David L Walker dated 7 June 2018.

• L.14/03/817 MW D4 dated 18 September 2017 approved details in compliance with Condition 3a of planning permission L.14/03/817 MW relating to notification of soil stripping which approved:

o Emails from David L Walker dated 29 August and 1 September 2017.

• L.14/03/817 MW D5 and L.13/07/817 MW D3 dated 30 May 2019 approved details in compliance with Conditions 14 (suitable imported materials), 25 (mineral stockpiling), and 61 (ancillary plant and equipment) related to planning permission L.14/03/817 MW and condition 21 (landfill access on Croxall Road) related to planning permission L.13/07/817 MW, which approved:

o Application Form dated 14 December 2017; o Details of inert restoration materials (Condition 14); o Procedures for the inspection and acceptance of waste received at the inert landfill (Condition 14); o Submission to Discharge Conditions for Plant Site and Access Conditions (Section 3) (Condition 25); o Scheme for Condition 61 rev A including Plant Site Layout plan (dwg no A301-00055) (Condition 61); o Details of the access to the Site on Croxall Road [this relates to Condition 21 of planning permission ref. L.13/07/817 MW].

18

• L.14/03/817 MW D6 dated 24 June 2019 approved details in compliance with Conditions 9 (working scheme review), and 66 (restoration scheme review), which approved:

o Working Scheme Review; o Restoration Scheme Review.

As amended by: c) Approved documents and plans submitted in support of this application ref. L.19/03/817 MW

o Application Form dated 1 March 2019; o Environmental Statement (including Mineral Development Statement and Planning Statement) – March 2019, o Email from Tarmac dated 15 May 2019 Further clarification of HGVs and hours of export, o Email from David L Walker Ltd dated 12 June 2019 regarding HGVs and hours of export, o Alrewas Plant Site Indicative HGV Activity, o Email from David L Walker Ltd dated 12 June 2019 regarding NMA representation, o Noise Assessment July 2019 - Addendum to Environment Statement. except in so far as the approved documents, plans and details listed above are amended by the conditions specified below.

Reason: To define the permission and to ensure the permission is implemented in all respects in accordance with the previously approved documents, plans and details, and the latest approved documents and plans.

This condition updates condition 1 of planning permission L.14/03/817 MW dated 17 May 2017.

Definition of the ‘Working Operations’ and the ‘Restoration Operations’

2. For the purposes of this permission: a) The term ‘working operations’ shall mean any operations associated with the extraction of minerals from the approved extraction areas; b) The term ‘processing operations’ shall mean any operations associated with the processing, treatment and export for sale of minerals and added value products from the bagging plant and ready mixed concrete plant; and, c) The term ‘restoration operations’ shall mean the backfilling of the Site with inert restoration materials and non-marketable materials

19 from the Site and any other restoration operations described in the approved Restoration and Aftercare Scheme (Conditions 62 to 66); d) The term ‘commencement of export of mineral from the Site to supply the HS2 project’ shall mean the date notified by HS2 or its principal contractor for the export of minerals from the Site for the supply of construction materials to the High Speed 2 National Infrastructure Project.

Reason: To enable effective monitoring; to comply with the requirement of the planning permission; to ensure the orderly operation of the Site.

This condition updates condition 2 of planning permission L.14/03/817 MW dated 17 May 2017.

Commencement

3. The development hereby permitted shall be deemed to have commenced on the date of this permission and the developer shall notify the Mineral Planning Authority in writing within two weeks of the following dates relating to the phases described in Section 3.2 of the Environmental Statement dated March 2014 and shown on the ‘Indicative Working Plan’ (dwg no A301/PL14/03) (Condition 8): a) the date of commencement of soil stripping operations within each remaining phase of the development; b) the date of commencement of the working operations within each remaining phase of the development; c) the date of cessation of the working operations within each remaining phase of the development; d) date of commencement of the restoration operations within each phase of the development; e) the date when the restoration operations have been completed within each phase of the development; f) the date of commencement of export of mineral from the Site to supply the HS2 project.

Reason: As this permission is a variation to a planning permission that has already commenced and to allow the continuation of the existing quarrying operations and in order to comply with the provisions of Section 91 of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act, 2004.

This condition updates condition 3 of planning permission L.14/03/817 MW dated 17 May 2017.

20 Dates for Cessation of Mineral Extraction, Restoration and Aftercare

4. The working operations shall cease no later than 17 May 2027 (10 years from the date of the original planning permission L.14/03/817 MW) (the ‘cessation date’).

5. The Site shall be progressively restored in accordance with the approved Restoration and Aftercare Scheme (Conditions 62 to 66) and the restoration operations shall cease no later than 18 months after the cessation date.

6. If the working operations cease at a date earlier than the cessation date (Condition 4), then the operator shall notify the Mineral Planning Authority in writing of the date on which the working operation ceased within 14 days of the cessation of the working operation.

7. This planning permission shall expire when the Mineral Planning Authority has provided written confirmation that the Site has been restored and subject to aftercare in accordance with the requirements of the approved Restoration and Aftercare Scheme (Conditions 62 to 66).

Reasons (4 to 7): To secure the working and restoration of the Site within the approved timescale and to accord with the Minerals Local Plan for Staffordshire (policies 4 and 6) having regard to the National Planning Policy Framework. Also to comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 which requires that every permission for the winning and working of minerals shall have a condition as to the duration of the development.

Notes – the cessation date was reduced from 12 to 10 years on the original permission L.14/03/817 MW dated 17 May 2017 due to the delays in issuing the planning permission; and, the Section 106 Legal Agreement includes a requirement to carry out an additional 10 year period of aftercare.

Conditions 4, 5 and 7 update conditions 4, 5 and 7 of planning permission L.14/03/817 MW dated 17 May 2017. Condition 6 is unchanged.

Phasing, Limit of Extraction, Depth of Working and Importation of Inert Material

8. No working operations or restoration operations shall be carried out other than in a phased manner described in Section 3.2 of the Environmental Statement dated March 2014 and in accordance with the approved Working Plan Dwg No A301/PL13/03 as updated by the Working Scheme Review ‘Progress Plan’ (ref. L.14/03/817 MW D6 dated 24 June 2019) unless otherwise approved in writing by the Minerals Planning Authority in connection with the latest approved Progress Plan submitted in accordance with Condition 9.

9. No later than 17 May 2022 (the 5th anniversary of the date of the original planning permission L.14/03/817 MW) and every 5 years thereafter

21 until the cessation of the restoration operations, an update to the latest approved ‘Progress Plan’ shall be submitted for the written approval of the Mineral Planning Authority.

The Progress Plan shall include but may not be limited to the following details: a) The areas that have been subject to mineral extraction; b) The areas that have been restored; c) The areas currently subject to mineral extraction; d) The areas currently being restored; e) The areas to be been subject to mineral extraction in the next 5 years; f) The areas to be restored in the next 5 years; g) The approved final restoration levels in the restored areas; h) The location of subsoil and topsoil mounds and their profiles and treatment; (Condition 27 limits the height); i) The accesses, the ancillary plant and equipment, buildings (including the office and weighbridge), structures, conveyor, hopper, the hard- surfaced internal roads, parking areas, compounds, fuel storage facilities, wheel cleaning facilities and drainage; j) The perimeter security fencing and gates;

The submitted Progress Plan shall demonstrate the progress being made relative to the previously approved Progress Plan and the approved Restoration and Aftercare Scheme for the Site. The Progress Plan shall be accompanied by a report that considers the need to submit revised details for the working and restoration of the Site in the event that insufficient progress has been made relative to the dates for the cessation of the working operations and restoration operations (Condition 4).

The Site shall not operate other than in accordance with the latest approved Progress Plan.

10. No more than 600,000 tonnes of sand and gravel shall be exported from the Site per annum unless the Mineral Planning Authority is notified of the commencement of the export of mineral to supply the HS2 project (Condition 3 (f)), and then no more than 750,000 tonnes of sand and gravel shall be exported from the Site per annum.

22 11. No more than 250,000 tonnes per annum of inert restoration materials shall be imported to the Site per annum.

12. No soil stripping operations shall take place in Phases 4a and 4b before the standoffs around Roddige Cottage, Roddige Farmhouse and Whitemoor Haye House shown on the ‘Indicative Working Plan’ (dwg no A301/PL14/03) have been clearly marked out with wooden pegs. The pegs shall thereafter be maintained for the duration of the working operations and restoration operations in Phases 4a and 4b.

13. No materials other than inert restoration materials shall be imported for backfill purposes in accordance with the approved procedures for the inspection and acceptance of waste received at the inert landfill (ref. L.14/03/817 MW D5 dated 30 May 2019).

14. No importation of inert restoration materials via the adjacent railway line shown on the Site Plan (drawing A301/PL14/02) shall take place before details of the method of importation have been submitted to and approved in writing by the Mineral Planning Authority. No importation of inert restoration materials via the adjacent railway line shall be carried out other than in accordance with the approved details.

15. No restoration operations involving the use of vibro-compaction machinery shall be carried out before details of the machinery and compaction specifications have been submitted to and approved in writing by the Mineral Planning Authority. No restoration operations involving the use of vibro-compaction machinery shall be carried out other than in accordance with the approved machinery and to the approved specifications.

16. No soil stripping operations in Phases 4c and 5 shall be carried out before details of excavations and earthworks to be carried out within 10 metres of the railway boundary have been submitted to and approved in writing by the Mineral Planning Authority. No excavations and earthworks shall be carried out near the railway boundary other than in accordance with the approved details.

17. No materials or plant capable of falling shall be located within 3 metres of the adjacent railway line and no buildings or structures shall be located within 2 metres of the Network Rail boundary.

Reasons (8 to 17): To require the working and restoration of the Site in accordance with the approved timescales; to enable easy reference to up to date plans; to enable effective monitoring; to comply with the requirement of the planning permission; to ensure the orderly operation of the Site; to monitor the quality of mineral extracted; to address Network Rail’s requirements; and, to accord with the Minerals Local Plan for Staffordshire (policy 4). Also having regard to the National Planning Policy Framework (Sections 13 and 15).

23 Note - the Environmental Permit issued by the Environment Agency will define the detailed waste types within this broad category.

Condition 8 replaces conditions 8 and 9 of planning permission L.14/03/817 MW dated 17 May 2017. Condition 9 replaces condition 10. Conditions 10, 11 and 12 update conditions 11, 12 and 13 of planning permission. Condition 13 replaces condition 14 and refers to the approved submission of details (ref. L.14/03/817 MW D5 dated 30 May 2019). Conditions 14 and 15 and 17 are unchanged – and repeat conditions 15 and 16 and 18. Condition 16 replaces condition 17 – updated with Network Rail comments.

Flood Risk

18. No development hereby permitted shall be carried out other than in accordance with the approved Flood Risk Assessment (FRA) as referenced within the Environmental Statement and the mitigation measures detailed within Section 7 of the Hydrological and Hydrogeological Impact Assessment, ref: LT/AL/CJC/2739/01, dated March 2014 and the following mitigation measures detailed within the FRA: a) There shall be no increase in flood risk to 3rd party land resulting from operations. Any bunds shall not cause an unacceptable obstruction to flood flows or result in loss of flood storage capacity; b) There shall be no raising of ground levels in the floodplain either during operation or the restoration of the Site without a suitable floodplain compensation scheme agreed by the Environment Agency; c) There shall be no interruption to the drainage of 3rd party land as a result of the proposals, and; d) There shall be a Flood Management & Evacuation Plan for areas at risk of flooding.

19. No surface water drainage shall be carried out other than in accordance with the approved Scheme (Ref. L.14/03/817 MW D2 dated 31 January 2019).

20. The monitoring of groundwater shall continue to be carried out in accordance with the approved Scheme (Ref. L.14/03/817 MW D2 dated 31 January 2019).

21. No dewatering of the Site shall be carried out other than in accordance with the approved Scheme (Ref. L.14/03/817 MW D2 dated 31 January 2019).

Reason (18 to 21): To protect the water environment and to accord with the Minerals Local Plan for Staffordshire (policy 4) and the Lichfield Local Plan Strategy (Core Policy 3) and in the National Planning Policy Framework

24 (Sections 11, 13, 14,15 and 17). Also, to accord with the recommendation of the Environment Agency.

Condition 18 is unchanged and repeats Condition 19 of planning permission L.14/03/817 MW dated 17 May 2017. Conditions 19, 20 and 21 replace Conditions 20, 21 and 22 and refer to the approved submission of details ref. L.14/03/817 MW D2 dated 31 January 2019).

Management of the Site Operations

Development Restrictions

22. Notwithstanding of the Town and Country Planning (General Permitted Development) Order 2015 (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, re- arranged, replaced, repaired or altered within the Site without the benefit of planning permission.

Reason: To ensure the orderly operation of the Site, to protect visual amenity and in accordance with Minerals Local Plan for Staffordshire (policy 4); and, the National Planning Policy Framework (Sections 13 and 17).

Condition 22 repeats condition 23 of planning permission L.14/03/817 MW dated 17 May 2017.

Hours of Operation

23. No operations shall be carried out, with the exception of emergency operations, site security, environmental monitoring or water pumping operations, except as follows: a) No working operations or restoration operations shall be carried out within the Site other than within the period stated below:

• 07:00 and 18:00 Monday to Fridays; • 07:00 and 13:00 Saturdays; and, b) No processing operations or associated vehicle movements shall be carried out within the Site other than within the period stated below:

• 06:00 and 22:00 Monday to Fridays; • 06:00 and 16:00 Saturdays.

No operations other than the exceptions referred to above shall be carried out on Sundays, Bank or Public Holidays.

Reason: To enable easy reference and to encourage compliance with the requirement of the planning permission so as to ensure the orderly operation of the Site and to protect air quality and in the interests of local amenity in

25 accordance in accordance with Minerals Local Plan for Staffordshire (policy 4);the Lichfield Local Plan Strategy (Core Policy 3); and the National Planning Policy Framework (Sections 15 and 17).

Condition 23 updates condition 24 of planning permission L.14/03/817 MW dated 17 May 2017.

Stockpiling

24. No minerals or processed minerals shall be stockpiled other than in accordance with the approved locations (ref. L.14/03/817 MW D5 dated 30 May 2019).

25. The stockpiles of minerals or processed minerals shall not exceed a height of 4 metres.

Reason (24 and 25): To ensure the orderly operation of the Site and to protect visual amenity in accordance with the Minerals Local Plan for Staffordshire (policy 4); and the Lichfield Local Plan Strategy (Core Policy 3);and, the National Planning Policy Framework (Sections 15 and 17).

Condition 24 replaces condition 25 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details Ref. L.14/03/817 MW D5 dated 30 May 2019). Condition 25 repeats condition 26.

Soil Management

26. No soils shall be managed other than in accordance with the provisions set out in Section 3.3 of the Environmental Statement dated March 2014 and for the avoidance of doubt no soils or sub-soils shall be removed from the Site.

27. No topsoil mounds shall exceed 3 metres in height and no subsoil mounds shall exceed 4 metres in height.

Reasons (26 and 27): To protect the soil resources in accordance with the Minerals Local Plan for Staffordshire (policy 4); and the National Planning Policy Framework (Sections 13 and 17).

Conditions 26 and 27 repeat conditions 27 and 28 of planning permission L.14/03/817 MW dated 17 May 2017.

Site Access, the Transport of Mineral and Public Rights of Way

28. No vehicles shall enter or leave the Site other than by way of: a) the ‘Consented Aggregates Entrance’ on Old Croxall Road; b) the ‘Consented Landfill Entrance’ on Old Croxall Road (Ref. L.13/07/817 MW D3 dated 30 May 2019); and,

26 c) ‘Proposed Landfill Entrance’ on Barley Green Lane; all shown on the ‘Indicative Working Plan’ (dwg no. A301/PL14/03).

29. No inert restoration materials shall be brought on to the Site to backfill Phase 2, before details of the access to the Site marked as ‘Proposed Landfill Entrance’ on Barley Green Lane shown on the ‘Indicative Working Plan’ (dwg no. A301/PL14/03) have been submitted to and approved in writing by the Mineral Planning Authority. The details of the Proposed Landfill Entrance shall comply with the requirements listed below and include, though not necessarily limited to the following information: a) The location, length, construction using a hard-bound material, surfacing, drainage and maintenance; b) The drainage; c) The visibility splays shall be at least 4.5 metres x 215 metres; d) Access width shall be at least 6.5 metres with suitable radii and straight for at least 30 metres rear of the highway boundary; e) The track runs showing opposing vehicle movements into and out of the Site; and, f) The location, type, operation and maintenance of the wheel wash facility.

The Proposed Landfill Entrance shall be constructed and maintained, and the wheel wash shall be operated and maintained, in accordance with the approved details until such time as they are removed in accordance with the programme described in the approved Restoration and Aftercare Scheme (Condition 62 to 66).

30. No importation of inert restoration materials into Phase 2 onwards shall take place until the Proposed Landfill Entrance has been constructed in accordance with the approved details required by Condition 29.

31. The visibility splays provided in accordance with Condition 29 above shall be kept free of all obstructions above a height of 600 millimetres measured from the adjacent carriageway.

32. No mud or deleterious materials shall be deposited on the public highway arising from the operations hereby permitted.

33. No loads of mineral shall leave the Site unless the load has first been securely contained or sheeted.

27 34. The access road to the ‘Consented Aggregates Entrance’ and the ‘Consented Landfill Entrance’ (other than any part of the adopted public highway) shall be constructed in a hard-bound material, kept clean and maintained in a good state of repair until such time as it is removed in accordance with the approved Restoration and Aftercare Scheme.

35. No transport of sand and gravel to the processing plant shall take place other than via the mineral conveyor.

36. The number of HCV movements to and from the Site calculated on a yearly average basis shall not exceed: a) Mineral exports (including concrete and bagged products)– 242 HCV movements per full working day (121 in and 121 out) unless notified of the commencement of the export of mineral to supply the HS2 project (Condition 3 (f)), where upon the limit would increase to 302 HCV movements per full working day (151 in and 151 out); b) Inert restoration material – 182 HCV movements per full day (91 in and 91 out).

37. No working operations shall commence in Phase 3b until details of the construction and maintenance of the road crossing point over Roddige Lane shown on the ‘Indicative Working Plan’ (dwg no. A301/PL14/03) have been submitted to and approved in writing by the Mineral Planning Authority. The road crossing point shall be constructed and maintained in accordance with the approved details before working operations commence and until removed in accordance with the programme described in the approved Restoration and Aftercare Scheme (Condition 62 to 66).

Reason (28 to 37): In the interest of highway safety and to safeguard public rights of way, in accordance with Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 3); and, the National Planning Policy Framework (Sections 9 and 17).

Condition 28 updates condition 29 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details Ref. L.13/07/817 MW D3 dated 30 May 2019. Condition 29 repeats condition 30 as a scheme remains outstanding for the ‘Proposed Landfill Entrance’. Conditions 30 – 35 repeat conditions 31 – 36. Condition 37 in relation to the Public Rights of Way crossing the Site has been moved to the Informatives (5). Condition 36 updates condition 38. Condition 37 repeats condition 39 as a scheme remains outstanding for the road crossing point over Roddidge Lane.

Record Keeping

38. The following records shall be kept and shall be provided to the Mineral Planning Authority within 5 working days of a request being made. In making are quest, the Mineral Planning Authority shall specify the dates between which the following records shall be provided.

28 a) The date and time of HCVs carrying mineral leaving the Site (Condition 23); b) The date and time of vehicles carrying inert restoration materials entering the Site (Condition 23); c) The total number of HCV loads and total quantity in tonnes of mineral leaving the Site per day (Conditions 10 and 36); d) The total number of loads and total quantity in tonnes of inert restoration materials entering the Site per day (Conditions 11 and 36); e) The groundwater monitoring records (Condition 20); f) The hours of operation (Condition 23); g) The date and times of any emergency operations (Condition 23); h) The noise monitoring results (Conditions 39 and 42); i) The dust monitoring results (Condition 46); and, j) Any complaints received, and the steps taken to investigate and address them

Reason: To ensure the permission is implemented in accordance with the submitted details and in the interests of the highway safety and protection of the environment in accordance with the Minerals Local Plan for Staffordshire (policy 4).

Condition 38 updates condition 40 of planning permission L.14/03/817 MW dated 17 May 2017.

Environmental management

Noise and noise monitoring

39. Noise monitoring shall be carried out in accordance with the approved Scheme (ref. L.14/03/817 MW D2 dated 31 January 2019).

40. No site operations with the exception of the construction and removal of soil screening mounds referred to in Condition 43 below, shall result in the site attributable noise exceeding 55 dB LAeq (1-hour) (free- field) at the nearest boundary to National Memorial Arboretum and Whitemoor Lakes Activity Centre.

29 41. During the construction and removal of soil screening mounds the noise levels at the nearest noise sensitive properties shall not exceed 70 dB LAeq (1-hour) (free-field).

42. Noise arising from the processing operations between the hours of 1900 and 2200 shall not exceed a BS4142:2014 rating level of 55 dB measured at any noise sensitive property. If the site noise is found to exceed the above rating level, the operator shall take immediate steps to reduce the noise emissions from the processing operations and shall demonstrate compliance with the conditioned limit through further noise measurement and assessment.

43. All vehicles and plant employed within the Site shall at all times be fitted with silencers in accordance with the manufacturer’s recommendations and shall be operated to minimise noise emissions.

44. All plant or equipment used to carry out the working operations and restoration operations shall be fitted with a warbler reversing system or such other system to minimise, so far as is reasonably practicable and subject to maintaining safety, the level and generation of noise from reversing warnings systems.

45. All plant engine covers shall be closed whilst the plant is in operation except when undertaking maintenance and repair work.

Dust

46. No dust monitoring and management shall be carried out other than in accordance with the approved Scheme (ref. L.14/03/817 MW D2 dated 31 January 2019).

47. Notwithstanding the requirements of Condition 46, best practicable means shall be used during the life of the development to minimise dust emissions from the Site. The means shall include but may not be limited to the following: a) the use of water bowsers to spray all internal haul roads and accessways; b) the use of a sweeper vehicle on all internal hard surfaced haul roads and at the entrances to the Site; c) the seeding of all soil mounds as soon as is practicable with an agreed seed mixture; d) regular spraying of all stockpiled materials; e) the fitting of a cover to the mineral conveyor and dust hoods to all plant and machinery;

30 f) during periods of adverse weather conditions the suspension of all dust generating activities until conditions allow normal working to resume; and, g) the surfacing of the maintenance track running alongside the mineral conveyor with stone.

Reasons ( 39 to 47): To minimise the potential noise and dust nuisances on surrounding area in accordance with the Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 3); and, the National Planning Policy Framework (Section 17).

Condition 39 updates condition 41 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details (Ref. L.14/03/817 MW D2 dated 31 January 2019). Conditions 40 and 41 repeat conditions 42 and 43. Condition 42 is a new condition required by the County Council’s Noise Engineer. Conditions 43 to 45 repeat conditions 44 to 46. Condition 46 updates condition 47 and refers to the approved submission of details (ref. L.14/03/817 MW D2 dated 31 January 2019). Condition 47 repeats condition 48.

Nature Conservation

Ditch Protection

48. No discharge of water to the ‘A513 Road Verges Site of Biological Interest’ (SBI) shown on the Environmental Statement dated March 2014 Appendix 7 Ecology Report ‘Extended Phase 1 Habitat Survey’ (dwg no. M13.116(b).D.001A) shall take place until an SBI Ditch Protection and Monitoring Scheme (‘the Scheme’) has been submitted to and approved by the Mineral Planning Authority. The Scheme shall include measure to prevent pollution and sedimentation of the SBI ditch and water level and ecological monitoring. The Scheme shall be implemented in accordance with the approved details.

49. No stripping of vegetation or soils shall take place during the bird breeding season (March – August) unless preceded by a nesting bird check carried out by a suitably qualified and experienced ecologist, the results of which shall be submitted to the Mineral Planning Authority within 4 weeks of the survey. If any active nests are found during this check the nests must remain undisturbed until they can be confirmed to no longer be in use.

50. No working operations shall commence in any phase until a botanical species survey (including mitigation measures) is carried out by a suitably qualified and experienced ecologist, the results of which shall be submitted for the written approval of the Mineral Planning Authority within 4 weeks of the survey. The mitigation measures shall be implemented in accordance with the approved details.

31 51. Measures to safeguard protected species shall be in accordance with the approved Working Method Statement and Ecological Management Plan (ref. L.14/03/817 MW D2 dated 31 January 2019).

52. Prior to the removal or reworking of any bunds or other works within 250 metres of the ponds shown on ‘Surveyed water bodies’ plan (dwg no M.13.116(d).D.001) submitted with the Great Crested Newt Survey Rev D (January 2015)) where great crested newts are recorded, an Assessment of the impacts and Reasonable Avoidance Measures Report for Great Crested Newts shall be submitted for the written approval of the Mineral Planning Authority. No removal or reworking of any bunds or other works within 250 metres of the ponds shall be carried out other than in accordance with the approved Reasonable Avoidance Measures Report.

Tree/Hedgerow Protection and Enhancement

53. Tree Protection shall be carried out in accordance with the approved Tree Retention, Protection & Removals Context Plan (ref. L.14/03/817 MW D2 dated 31 January 2019).

54. Hedgerow Management and Enhancement shall be carried out in accordance with the approved Hedgerow Enhancement & Management Plan (ref. L.14/03/817 MW D2 dated 31 January 2019).

Reasons (48 to 54): To enable easy reference and to encourage compliance with the requirement of the planning permission so as to ensure the orderly operation of the Site and to safeguard the existing trees, hedgerows, SBI ditches and protected species and to minimise the visual impact in accordance with the Minerals Local Plan for Staffordshire (policy 4) and the Lichfield Local Plan Strategy (Policy NR5); and, the National Planning Policy Framework (Section 15).

Conditions 48, 49 and 52 repeat conditions 49, 50 and 53 and condition 50 updates Condition 51 of planning permission L.14/03/817 MW dated 17 May 2017. Condition 51 updates Condition 52 and refers to the approved submission of details (ref. L.14/03/817 MW D2 dated 31 January 2019). Condition 54 is no longer required. Condition 53 updates condition 55 and refers to the approved submission of details (ref. L.14/03/817 MW D2 dated 31 January 2019). Condition 54 updates condition 56 and refers to the approved submission of details (ref. L.14/03/817 MW D2 dated 31 January 2019).

Lighting

55. No external floodlighting or other illumination shall be positioned so as to cause glare to the users of nearby properties or land and users of the public highway and nearby railway.

Reason: To safeguard the amenity of users of nearby properties and land, for reasons of highway and railway safety and to minimise the adverse environmental effects from lighting in the countryside in accordance with the

32 Minerals Local Plan for Staffordshire (policy 4); and, the National Planning Policy Framework (Sections 12, 15 and 17).

Condition 55 repeats condition 57 of planning permission L.14/03/817 MW dated 17 May 2017.

Burning of material

56. No waste materials shall be burned on the Site at any time.

Reason: To minimise the potential nuisances on surrounding area in accordance with the Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 3); and, the National Planning Policy Framework (Section 17).

Condition 56 repeats condition 58 of planning permission L.14/03/817 MW dated 17 May 2017.

Archaeology

57. Archaeological works shall be carried out in accordance with the approved Archaeological Investigation Scheme (Ref. L.14/03/817 MW D1 dated 7 November 2017).

Reason: To enable sites of archaeological interest to be adequately investigated and recorded and to accord with the Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 14); and, the National Planning Policy Framework (Section 16).

Condition 57 updates condition 59 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details (ref. L.14/03/817 MW D1 dated 7 November 2017).

Fuel Storage

58. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compartment should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

Reason: To protect surface and ground water, in accordance in accordance with Minerals Local Plan for Staffordshire (policy 4); and the Lichfield Local Plan

33 Strategy (Core Policy 3); and, the National Planning Policy Framework (Section 14).

Condition 58 repeats condition 60 of planning permission L.14/03/817 MW dated 17 May 2017.

Ancillary development, plant, equipment, buildings and structures etc

59. All ancillary plant and equipment, buildings, structures, conveyor, hopper, perimeter security fencing, gates and hard-surfaces on the Site shown on approved Scheme for Condition 61 rev A including Plant Site Layout plan (dwg no A301-00055) (ref. L.14/03/817 MW D5 dated 30 May 2019) shall be maintained in place and in good condition and fit for purpose until such time as they are removed in accordance with the programme described in the approved Restoration and Aftercare Scheme.

Reason: To protect visual amenity in accordance with the Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 3); and, the National Planning Policy Framework (Sections 15 and 17).

Condition 59 updates condition 61 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details Ref. L.14/03/817 MW D5 dated 30 May 2019 and also replaces Condition 62 .

Site Security

60. Measures shall be taken to prevent any unauthorised access to the Site whilst the Site is not operational.

61. Measures shall be taken to prevent any unauthorised access to the railway network from the Site.

Reasons (60 and 61): In the interests of public safety in accordance in accordance with Minerals Local Plan for Staffordshire (policy 4); the Lichfield Local Plan Strategy (Core Policy 3); and, the National Planning Policy Framework (Sections 15 and 17).

Conditions 60 and 61 repeat conditions 63 and 64 of planning permission L.14/03/817 MW dated 17 May 2017.

Restoration and Aftercare

62. The Site shall be progressively restored in accordance with the approved Restoration Scheme Review and shown on plans Restoration Scheme (Northern Area) (ref. A301-00071-01) and Restoration Scheme (Southern Area) (ref. A301-00071-02) (ref. L.14/03/817 MW D6 dated 24 June 2019) (the ‘Restoration Strategy’), unless otherwise agreed following the review of the Restoration Strategy required by Conditions 63 and 66 below.

34 Note: No features associated with the northern extension to the National Memorial Arboretum are hereby approved as they will require separate approval from Lichfield District Council.

63. No later than 17 May 2022 (the 5th anniversary of the date of the original planning permission L.14/03/817 MW) and thereafter every 5 years until such time as the Mineral Planning Authority confirms in writing that no further review is necessary, a review of the approved ‘Restoration Strategy’ referred to in Condition 62 shall be submitted for the written approval of the Mineral Planning Authority.

64. No later than 24 June 2020 (12 months after the approval of the ‘Restoration Strategy’ (ref. L.14/03/817 MW D6 dated 24 June 2019)), a detailed Restoration and 5 year Aftercare Scheme (‘the Restoration and Aftercare Scheme’) for the Site shall be submitted for the written approval of the Mineral Planning Authority.

The Restoration and Aftercare Scheme shall include but may not be limited to the following details: a) identification of the areas to be restored to agriculture, woodland and nature conservation purposes respectively; b) the removal of features associated with the proposed northern extension to the National Memorial Arboretum (unless approved separately by Lichfield District Council); c) final (pre and post settlement) restoration contours, gradients and levels; d) a programme for the progressive restoration of the Site to the approved final contours; e) a programme for the removal of the accesses, crossing points, wheel wash, ancillary plant and equipment, buildings, structures, conveyor, hopper, perimeter security fencing, gates and hard-surfaces; f) the soil management including replacement depths, ripping, cultivation and stone picking; g) preparation of the land to be restored to agriculture; h) preparation of the land to be restored to woodland ; i) preparation of the land to be restored to nature conservation; j) provision for the establishment and appropriate management of the pond and wet ditches in the areas to be restored for nature conservation purposes;

35 k) the ecological measures included in the submitted ecological surveys; l) detailed agricultural aftercare programme so that the southern area is brought to the required standard as far as practical as when it was last used for agriculture; m) the use of fertilisers; n) the management of weeds and any invasive species; o) measures to minimise damage in the event of drought or fire; p) tree planting and woodland management techniques during the aftercare period including the protection measures and the provision for replacement of failures of individual trees, shrubs and plant species to secure 85 % survival rate at the end of the aftercare period; q) the arrangements for the collection and disposal of surface water arising from the restoration of the Site; r) provisions for the public right of way; s) the provision for annual meetings and annual reports describing the previous year's aftercare measures, including comments on the successes and failures and plans for the next year's aftercare; t) The programme of implementation.

The latest approved Scheme shall be carried out in full and in accordance with the approved programme of implementation.

65. In the event that the ‘Restoration Strategy’ is revised (as a result of the review required by Condition 63) a Revised Restoration and Aftercare Scheme (‘the Revised Scheme’) shall be submitted for the written approval of the Mineral Planning Authority no later than 12 months after the approval of the revised Restoration Strategy unless the Mineral Planning Authority have previously confirmed in writing that a revision to the approved detailed Restoration and Aftercare Scheme is not necessary.

Premature cessation of the permitted operations

66. In the event that the working operations or the restoration operations hereby permitted cease for a period of 24 months prior to the cessation date (Condition 4), then the approved working operations or the restoration operations shall be deemed to have ceased (‘the new cessation date’). No later than 3 months after the new cessation date, a revised detailed Restoration and Aftercare Scheme (the ‘Revised Scheme’) shall be submitted for the written approval of the Mineral Planning Authority. The

36 Site shall be restored and subject to aftercare in accordance with the approved Revised Scheme.

Reasons (62 to 66): To secure the restoration and aftercare of the Site at the earliest opportunity to high environmental standards in accordance with the Minerals Local Plan for Staffordshire (policies 4 and 6); and the National Planning Policy Framework (Sections 11, 13, 14, 15 and 17). Also to comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 which requires that every permission for the winning and working of minerals shall have a ‘restoration condition’ as to steps necessary to bring the land back to the required standard and shall have an ‘aftercare condition’ as to steps necessary over a 5 year period to bring the land back to the required standard.

Note – the Section 106 Legal Agreement includes a requirement to carry out an additional 10-year period of aftercare.

Condition 62 updates condition 65 of planning permission L.14/03/817 MW dated 17 May 2017 and refers to the approved submission of details and also replaces the part of Condition 66 which relates to the first review of the Restoration Strategy which has been discharged. Condition 63 updates condition 66 and refers to the next review of the Restoration Strategy required. Condition 64 repeats and updates condition 67. Condition 65 repeats condition 68. Condition 66 repeats condition 69. Condition 70 has been deleted and instead is an Informative (9) – new best practice.

Informatives

1. Section 106 Legal Agreement

A reminder that the undertakings in the Section 106 Legal Agreement are as follows: a) HGV’s should not to use Barley Green Lane (south of the site access on Barley Green Lane); HGV drivers should be notified of the restriction; and, a sign should be erected to inform drivers of the restriction (Schedule 2); b) a site liaison committee should be established and key stakeholders invited to attend including local residents/land owners and representatives on behalf of the County, District and Parish Councils, the EA, the NMA, the National Forest Company and the Central Rivers Initiative (Schedule 3 and 4); c) the regular review of the approved Concept Restoration Plan in consultation with the site liaison committee (Schedule 5); d) 10-year extended aftercare in accordance with the approved aftercare scheme (Schedule 6); e) the maintenance and removal of the conveyor; the maintenance of the structure under the A513; and, the reinstatement of the roads and access to appropriate standards to serve the site’s future use (Schedule 7); f) a Bond to provide costs in the event that applicant defaults on the obligations relating to the Highway Works (Schedule 8 and Appendix); and,

37 g) a Restoration Guarantee Bond either by being a member of the Mineral Products Association and eligible to draw on their scheme, or by arranging another financial guarantee to cover the costs of restoration and aftercare (Schedule 9).

2. National Grid

National Grid has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

The operator should contact National Grid prior to commencing operations in Phase 2 in order to agree the necessary safe working practices and stand-offs from the gas pipeline.

3. The Environment Agency

The Environment Agency has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

The proposed importation of inert waste materials would be unlikely to meet the conditions of a Recovery Permit’ and consequently a full Environmental Permit would be required. The applicant should discuss the proposed waste activities with our Environment Management (Waste) Team to ensure that any regulatory requirements are understood. For further advice, please contact our EPR Waste team at the Lichfield office via our customer contact centre tel. 03708 506 506.

The applicant should refer to the ‘Groundwater Protection: Principles and Practice’ (GP3) document, available from the Environment Agency website at www.environment-agency.gov.uk. This sets out our position on a wide range of activities and developments, including:

• Storage of pollutants and hazardous substances • Solid waste management • Discharge of liquid effluents into the ground (including site drainage) • Management of groundwater resources • Land contamination

All precaution must be taken to avoid discharges and spills to ground both during and after construction. For advice on pollution prevention measures, the applicant should refer to our guidance ‘PPG1 – General guide to the prevention of pollution’, available from our website. We also refer the applicant to ‘PPG5 – Works or maintenance near or in water’.

4. Staffordshire County Council’s Highways Development Control

Staffordshire County Council’s Highways Development Control has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

Depending on the on the location and size of any culvert, approval may be required from Staffordshire County Council's Structures Team. Any culvert will also require the developer to enter into the necessary legal agreement with

38 Staffordshire County Council regarding its placement on highway land and its maintenance. It is unlikely that Staffordshire County Council will be willing to adopt any structure.

Off-site highway works would require a Minor Works Agreement with Staffordshire County Council and the applicant is therefore advised to contact Staffordshire County Council in respect of securing the Agreement. The link below provides a further link to a Minor Information Pack and an application form for the Minor Works Agreement. Please complete and send to the address indicated on the application form which is Staffordshire County Council at Network Management Unit, 3rd Floor Staffordshire Place 1, STAFFORD, Staffordshire ST16 2LP.

(email to [email protected] or the forms are available from https://www.staffordshire.gov.uk/Highways/highwayscontrol/HighwaysWorkAgree ments.aspx ).

5. Staffordshire County Council’s Rights of Way Team

Staffordshire County Council’s Rights of Way Team has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

Discussion should take place concerning the footpaths crossing the site and the developer should be aware that the granted of planning permission does not construe the right to divert or extinguish any public rights of way. The public rights of way crossing the Site shall be temporarily or permanently diverted in accordance with a statutory Diversion Order before the public right of way is closed. Any temporary diversion shall thereafter be clearly signposted, kept open and unobstructed until such time as the original public right of way is reinstated and clearly signposted. Any permanent diversion shall thereafter be clearly signposted, kept open and unobstructed.

6. Staffordshire County Council’s Environmental Advice Team

Staffordshire County Council’s Environmental Advice Team has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

Any removal, relocation of a milepost adjacent the Tarmac offices on Barley Green Lane, would need Listed Building consent from Lichfield District Council and English Heritage and that any unauthorised works would be illegal.

7. Network Rail

Network Rail has previously advised as follows (ref. L.14/03/817 MW dated 17 May 2017):

The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures.

39

There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership.

If the applicant requires access to Network Rail land then they must seek approval from the Network Rail Asset Protection Team.

Any unauthorised access to Network Rail land or air-space is an act of trespass and Network Rail would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.

8. Monitoring Visits - fees payable

Regulations that came into effect on 6 April 2006 provide for the payment of fees to Mineral and Waste Planning Authorities in England when they carry out monitoring visits to sites with mineral extraction and / or landfill permissions to help in ensuring that those permissions are monitored in accordance with good practice.

For more information and contact details visit the Regulation page on the Staffordshire Planning web site at www.staffordshire.gov.uk/planning

9. Knowledge of the Conditions

To enable easy reference and to encourage compliance with the requirement of the planning permission and the orderly operation of the Site; the terms of this planning permission, including all the approved documents and plans hereby permitted and any details subsequently approved in accordance with this planning permission should be made known and easily accessible to any person(s) given responsibility for the management or control of the activities/operations on the Site.

Background to the decision

In accordance with the Scheme of Delegation to Officers a report recommending to permit the application to vary (not comply with) Conditions 11 (the quantity of exported sand and gravel), 12 (the quantity of imported inert restoration material), 24 (the operating hours) and 38 (the number of HGV movements) of planning permission L.14/03/817 MW at Alrewas Quarry, Croxall Road, Alrewas was signed. For details refer to the Application Register/Documents/Delegated Report.

40 The Town and Country Planning (Development Management Procedure)(England) Order 2015 (Part 6, Article 35(2))

Statement of the Positive and Proactive steps

In accordance with the above, when dealing with planning applications, the government require local planning authorities to make a statement about how we have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application.

Staffordshire County Council endeavours to work positively and proactively in order to determine planning applications in an efficient and effective manner and in accordance with the presumption in favour of sustainable development, as described in the National Planning Policy Framework.

In this case we worked in a positive and proactive manner with the applicant to resolve the following issues arising in handling the planning application:

• The applicant addressed a number of matters in relation to noise, vehicle movements and local amenity raised by consultees including Staffordshire County Council’s Noise Engineer, Highways Development Control, The National Memorial Arboretum (NMA), Alrewas Parish Council, and Edingale Parish Council.

The conditions were discussed and agreed with the applicant.

41 Appendix 1: Summary of the findings of the Environmental Statement (ES)

Section 1 – Introduction This section sets out the context of the planning application and also provides details concerning the applicant and project team; Environmental Statement Context; Methodologies; Difficulties Encountered; and Stakeholder Engagement; in addition to the Minerals Development Statement.

Section 2 – Existing Situation This section includes an introduction to the site, layout and operation, hours of operation, landscape and visual setting, noise and transport.

Section 3 – The Application This section provides details of the application and variation of condition in order to achieve increased aggregates supplies to ready mixed concrete plants and the HS2 project.

Section 4 – Planning Statement This section considers Planning History; the Development Plan in respect of Local Planning Policy and National Planning Policy; and Economic Benefit.

Section 5 - Environmental Considerations General: The first section details the relevant technical assessments which should be undertaken (considered below) and also the issues that need consideration consistent with the local validation criteria.

Landscape and Visual Impact: The ES assess the visual effects of the development. It is considered that any effects are reversible and of limited significance. The proposals will have no discernible impact on landscape character as the activities are broadly similar to existing and of a temporary nature. The visual components of the site remains as the mineral washing plant, other ancillary facilities and mobile plant. However, these will not be changes as a result of this scheme.

Highways and Traffic: The ES considers the traffic implications of the proposed development and discusses the existing traffic generation, future traffic generation, traffic impact and access arrangements. This section concludes that the proposed variation of conditions will not affect the overall duration of the consented operations and will therefore not create any cumulative effects over and above those already consented. It is concluded that the proposals will not affect the existing capacity of safety of the nearby road network.

Noise: The ES assesses the potential impact of noise from the quarry operations. The nearest residential properties to the application site are the residential premises located off Croxall Road, situated north of the rail line; Homestead, also north of the rail line; and Whitemoor Lakes situated south of the A513. The assessment demonstrates that potential noise levels are expected to remain within the 55 dB limit recommended by the PPG minerals for the period 07:00 – 22:00. From 06:00 – 07:00 the site noise levels the proposals have the potential

42 to exceed the 42 dB limit recommended under the same PPG at the Homestead and Croxall Road receptors. However, as baseline monitoring at these receptors in the same period has already identified that the baseline noise between 06:00 – 07:00 hours is already above this level, the level of impact is not considered to be significant and is therefore appropriate in the context of best practice guidance.

Other Matters including Interaction and Cumulative Effects: The applicant has considered Flood Risk and Site Drainage and concluded that the proposals have no effect and no detailed FRA is necessary. In respect of consideration of interaction effects, the proposed changes are limited in scope and therefore have limited potential for interaction effects over and above the currently permitted scheme. The scope of cumulative impact via an intensification of use is noted but considered to be minimal, given the site context. As regard alternatives, the Company has a realistic ambition to further establish the presence of Alrewas in the supply of construction materials and the demands of the industry are for ever- earlier hours of materials supply, and therefore the proposed change in working hours seeks to meet that demand.

Section 6 - Non-Technical Summary A non-technical summary of the ES was also provided.

Addendum – Noise Assessment 12 July 2019 A supplementary noise assessment of noise impact has been made following the guidance presented within BS4142:2014 guidance and submitted as an addendum to the Environmental Statement. The proposed scheme is not considered likely to result in an adverse impact. A range of best practice measures have been recommended to minimise noise emissions from the site during the extended hours of operation.

Return to the Environmental Impact Assessment (EIA) section of the report

43 Appendix 2: The development plan policies and proposals, and the other material planning considerations, relevant to this decision

The Minerals Local Plan for Staffordshire (2015 - 2030) (adopted 16 February 2017).

• Policy 1: Provision for Sand and Gravel o Policy 1.1 (f)- Alrewas (Inset Map 6 including ‘Development Considerations’ (Appendix 1)) • Policy 2: Provision for Industrial Minerals used in the manufacture of cement • Policy 3: Safeguarding Minerals of Local and National Importance and Important Infrastructure • Policy 4: Minimising the impact of mineral development • Policy 6: Restoration of Mineral Sites

A partial review of the Minerals Local Plan for Staffordshire to check conformity with the revised National Planning Policy Framework took place in February 2019. The review concluded that the policies in the Minerals Local Plan conform with the revised NPPF and therefore they continue to carry weight in the determination of planning applications for mineral development.

Staffordshire and Stoke on Trent Joint Waste Local Plan (2010 – 2026) (adopted 22 March 2013). A 5-year review of the Waste Local Plan, completed in December 2018, has concluded that there is no need to update the plan policies and therefore they continue to carry weight in the determination of planning applications for waste development.

• Policy 1: Waste as a resource o Policy 1.1 General principles

• Policy 2: Targets and broad locations for waste management facilities o Policy 2.3 Broad locations

• Policy 3: Criteria for the location of new and enhanced waste management facilities o Policy 3.1 General requirements for new and enhanced facilities

• Policy 4: Sustainable design and protection and improvement of environmental quality o Policy 4.1 Sustainable design o Policy 4.2 Protection of environmental quality

• Lichfield District Local Plan Strategy (2008 – 2029) (adopted 15 February 2015) (saved policies): o Core Policy 1 (The Spatial Strategy); o Core Policy 2 (Presumption in Favour of Sustainable Development); o Core Policy 3 (Delivering Sustainable Development);

44 o Core Policy 5 (Sustainable Transport); o Core Policy 13 (Our Natural Resources); o Policy NR5 (Natural & Historic Landscapes); o Policy BE1 (High Quality Development); o Policy Alr1 (Alrewas Environment); o Policy Alr3 (Alrewas Economy); o Policy ST1 (Sustainable Travel).

• Planning for Landscape Change.

• National Planning Policy Framework (updated February 2019):

o Section 1: Introduction o Section 2: Achieving sustainable development o Section 4: Decision-making o Section 6: Building a strong, competitive economy o Section 9: Promoting sustainable transport o Section 11: Making effective use of land o Section 12 Achieving well-designed places o Section 14: Meeting the challenge of climate change, flooding and coastal change; o Section 15: Conserving and enhancing the natural environment; o Section 16: Conserving and enhancing the historic environment o Section 17: Facilitating the sustainable use of minerals.

• Planning Practice Guidance

o Conserving and enhancing the historic environment o Design o Environmental Impact Assessment o Flood risk and coastal change o Light pollution o Minerals o Natural environment o Noise o Open space, sports and recreation facilities, public rights of way and local green space o Planning obligations o Transport evidence bases in plan making and decision taking o Travel Plans, Transport Assessments and Statements o Tree Preservation Orders and trees in conservation areas o Use of planning conditions o Waste o Water supply, wastewater and water quality

• Alrewas Neighbourhood Plan (‘made’ 9 October 2018)

• Neighbourhood Plan (‘made’ 12 February 2019)

• Whittington & Neighbourhood Plan (‘made’ 17 April 2018)

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Return to The development plan policies and proposals relevant to this decision section of the report.

46