Local Members' Interest

T. J. Corbett Needwood Forest

R.A.Fraser Dove

DEVELOPMENT SERVICES DELEGATION SCHEME

MINERAL COUNTY MATTER – East Staffordshire: ES.09/14/504 M

Description: Variation of condition 1 of planning permission ES.08/05/504 M to read “unless otherwise agreed in writing with the Mineral Planning Authority, all extraction operations hereby authorised shall cease by 31 December 2018 or when all workable mineral has been extracted, whichever is the sooner” at Fauld Mine

Background: Planning permission was granted 10 October 2008 (ref: ES.08/05/504 M) for a Scheme of Conditions relating to the extraction of gypsum and anhydrite by underground mining at Fauld Mine. Condition 3 of this permission requires the cessation of working by 31 December 2010. Condition 1 states: “Unless otherwise agreed in writing with the Mineral Planning Authority, all extraction operations hereby authorised shall cease by 31 December 2010 or when all workable mineral has been extracted, whichever is the sooner”

Location: Fauld Mine is located approximately 18 kilometres west of Derby and covers an underground area of around 2,000 hectares. The permitted area covered by planning permission ES.08/05/504 M site is located under land at Rangemore and covers some 651 hectares to the southeast of the main Fauld works mine. Rangmore village lies above and the surrounding area consists mainly of woodland and agricultural land including the areas of Byrkley Park and Knightly Park.

Saved policies and proposals in the Development Plan relevant to this application:

West Midlands Regional Spatial Strategy (RSS):

• Policy M1 (Mineral Working for Non-Energy Minerals)

Staffordshire and Stoke-on-Trent Structure Plan (1996-2011) - (saved policies):

• Policy D1 (Sustainable Development) • Policy MW1 (The Need for Minerals) • Policy MW3 (The Efficient Use and Recycling of Minerals) • Policy MW6 (Evaluation of Proposals) • Policy MW8 (Transportation of Minerals and Waste) • Policy MW9 (Reclamation) • Policy T13 (Local Roads)

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Staffordshire and Stoke-on-Trent Minerals Local Plan (1994-2006) (saved policies):

• Policy 5 (Mineral Consultation Areas) • Policy 12 (Adverse Impacts) • Policy 46 (Landbank for Anhydrite at Fauld Mine)

Other Material Considerations include:

National Policy Guidance:

• PPS1 (Delivering Sustainable Development) • MPS1 (Planning and Minerals) • MPG10 (Supply of Raw Materials in the Cement Industry) • MPG14 (Review of Mineral Planning Permissions)

Relevant Planning History

Underground mining operations for gypsum have been carried out at Fauld Mine since the late 1940s, with extensions granted in the 1950’s, 1960’s and in 1987.

Permissions to work the area under Rangemore (the Rangemore area) to the south of the B5234 road were permitted in 1987, 1996 and 2009:

• ES.16573/01 granted 21 September 1987 • ES.22904/01 granted 04 November 1996 • ES.08/05/504 M granted 03 March 2009 (Scheme of Conditions)

Permission to work the area under the adjacent Tatenhill Airfield (the Tatenhill area) was granted in September 1993 (ref: ES.20723/01). This planning permission allows the extraction of 5.1M tonnes of mineral which is still being worked. This permission was varied (ref: ES.07/22/504 M) on 19 March 2008, to revise the cessation date for mineral extraction to 31 December 2013.

In relation to the permission referred to above (ref: ES.16573/01), British Gypsum entered into a Section 106 legal agreement (S106) to surrender a part (160 ha) of the ‘Rangemore’ area. This agreement provides for important environmental improvements, particularly in that fewer properties would be affected by blasting from underground mining. This agreement does not prohibit the right to develop the whole or any part of Tatenhill Airfield or Rangemore area in accordance with any planning permission granted after the date of the S106 agreement. The agreement required the cessation of working of the ‘Rangemore’ area by 31 December 2007; no amendment has been sought by the applicant to this legal agreement which now prevents mining operations under planning permission ES.16573/01.

A Scheme of Conditions was granted at Fauld Mine for the winning and working of gypsum and anhydrite associated with the area directly adjacent and to the north of the Tatenhill Airfield. This Scheme of Conditions (ref: ES.EA/2) granted 19 September 2001 allows mineral extraction up until 31 December 2018 and updates the conditions for this area of the mine to accord with modern policy.

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Screening Opinion : Yes Environmental Statement : No

Consultation Responses

Internal

The Environment and Countryside Unit (ECU), no objections.

Transport Development Control (on behalf of the Highways Authority), no objections.

The Planning Regulation Team has no objections and has advised that no complaints have been received in association with the mining operations.

The Minerals Policy Officer states that the proposal does contribute towards the landbank for “cement rock” and that there is currently, a need to maintain permission to work that resource available within the “Rangemore” area i.e. if permission is not granted, the landbank would be reduced to less than 7 years .

External

East Staffordshire Borough Council Environmental Health (EHO), no objections.

The Environment Agency (EA), no objections.

Severn Trent Water, no objections. (An informative is provided).

National Air Traffic Safeguarding (NATS), no objections.

English Heritage, no objections.

National Grid (Linesearch) confirmed the presence of overhead power lines.

Views of District/Parish Council

East Staffordshire Borough Council, no objections.

Yoxall Parish Council has not responded.

Anslow Parish Council, no objections (support provided as the workings provide local employment, and as long as the mine continues to meet its environmental requirements and safe working practices).

Publicity and Representations

The application was advertised by site notices and an advertisement was placed in the local press. In addition 167 properties were notified by letter. Three letters of representation have been received; the representations all relate to a plan which has been provided by the applicant to indicate the working area and direction of working. The plan is indicative only and has included areas that are excluded from mining

- 3 - operations within the working area. The objections therefore relate to the fact that the area beneath the properties would appear to be within the operational area.

One of the representations makes reference to the red line area as permitted which appears in part to impact upon the surface boundary of the resident’s property. The applicant has been advised of the concerns of the resident and has been encouraged to liaise with the resident on any land ownership/boundary issues.

Applicant’s/Agent’s submission

Planning permission is sought not to comply with (to vary) condition 3 of planning permission ES.08/05/504 M in effect to revise the cessation date for mineral extraction from 31 December 2010 to 31 December 2018 at Fauld Mine.

Planning Permission is required as 1.8M tonnes of reserve remains within the permitted area (ref: ES.08/05/504 M); this reserve has been worked in the past. The applicant states that the area suffers from some difficult geological conditions which have so far restricted further mining but are continuing to be investigated. It is also stated that this reserve would provide a further supply of gypsum and anhydrite and is therefore important part of the overall resource.

Key Issues

The proposal is to vary condition 1 of planning permission ES.08/05/504 M (scheme of conditions), in order to extend the time period (until 2018) to extract gypsum and anhydrite which has not been worked within the Rangemore area of Fauld Mine. Having regard to Development Plan policies, the key issues are whether the proposed development is in accordance with relevant mineral and other relevant planning policy and whether the proposals would result in adverse environmental or amenity impacts.

The minerals at Fauld (predominantly anhydrite) are extracted to supply the cement industry that uses the mixture of gypsum and anhydrite in the manufacture of Portland Cement. The principle sources for anhydrite and gypsum for cement producers in the UK are Cumbria, East Sussex and Staffordshire (Fauld Mine). The resources at Fauld are in a strategically important location to supply the cement works in the Midlands and typically, over 80% of the anhydrite and gypsum used in the UK cement industry comes from Fauld. It is therefore a supplier of mineral of national significance.

Mineral Policy Considerations

National

The Governments objective for minerals planning reflects the requirement to contribute to the achievement of sustainable development. National requirements contained within MPS1 in this case are therefore:

• to ensure, so far as practicable, the prudent, efficient and sustainable use of minerals and recycling of suitable materials, thereby minimising the requirement for new primary extraction;

- 4 - • to conserve mineral resources through appropriate domestic provision and timing of supply;

• to secure working practices which prevent or reduce as far as possible, impacts on the environment and human health arising from the extraction, processing, management or transportation of minerals;

• to secure adequate and steady supplies of minerals needed by society and the economy within the limits set by the environment, assessed through sustainability appraisal, without irreversible damage;

• to protect and seek to enhance the overall quality of the environment once extraction has ceased, through high standards of restoration, and to safeguard the long-term potential of land for a wide range of after-uses;

• to secure closer integration of minerals planning policy with national policy on sustainable construction and waste management and other applicable environmental protection legislation; and

• to encourage the use of high quality materials for the purposes for which they are most suitable.

It is considered that allowing an extension of time to extract unworked mineral would ensure its efficient and sustainable use thereby minimising the requirement for new primary extraction, would conserve mineral resources through appropriate domestic provision and timing of supply needed by society and would continue to encourage the use of high quality materials for the purposes for which they are most suitable (cement industry), supporting sustainable construction. The proposals would therefore accord with the above policy aims contained in MPS1, and therefore, the proposals represent sustainable development.

With regard to supply, MPG10 provides guidance to ensure that there is an adequate and continuous supply of raw materials for the cement industry to maintain production in a manner which pays full regard to the environment. It is recognised that these minerals are a necessary part of cement manufacture.

Regional

Policy M1 of the RSS requires appropriate provision to be made in the West Midlands for the supply of nationally and regionally significant (non-energy) minerals. Such provision relates to Evaporites (gypsum and anhydrite). Account should be taken of the following:

• the need to secure the best balance of community, social, environmental and economic interests, consistent with the principles of sustainable development;

• the need to maintain landbanks of permitted reserves of non-energy minerals;

• the contribution that alternative sources of material or imports from outside the Region should make;

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• other national and regional policies;

Minerals Local Plan

The Minerals Local Plan (MLP) contains a specific policy (Policy 46) to maintain supplies of anhydrite at Fauld Mine. This policy requires that a “landbank” of permitted reserves is maintained equivalent to 15 years of annual production at the mine. The remaining reserves at Rangemore are an essential contribution towards maintaining the Fauld Mine landbank noting that the current anhydrite landbank does not meet the 15 year requirement of Policy 46. Although the permitted extraction has not been completed, this policy remains relevant as a saved policy by direction under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004. Beyond the plan period, future potential mineral resources have been identified within the nearby “Newchurch Area” for inclusion within allocated reserves to the Minerals Development Plan Framework for which future extensions to Fauld Mine may be considered.

The site lies within a mineral consultation area (MCA) to which Policy 5 of the MLP requires that development within MCAs should not sterilise or seriously hinder the extraction of mineral deposits of economic value which are capable of being worked. In assessing the proposals with this policy it is considered that should planning permission not be granted to extend the time to extract mineral, that the mineral could become sterilised as the permission which allows extraction of mineral (ref: ES.08/05/504 M), under condition 24 (Restoration) requires that within 12 months of the completion of winning and working of mineral (31 December 2011), all shafts, adits or other methods of access to or egress from the mine shall be capped or sealed.

In assessing the requirements of the above policies and with regard to condition 24 attached to the permission, it is considered that in not approving an extension of time to allow remaining permitted mineral to be extracted, that a nationally significant mineral of economic value could become sterilised. As the resource is capable of being worked which could otherwise become sterilised, closure of the mine ahead of unworked mineral being extracted would be contrary to national and regional policy guidance and aims and the above Minerals Local Plan policies. As it is the intention of the applicant to win and work the permitted reserves and there is no overall requirement for restoration other than the sealing up of the mine and adits once mineral has been extracted, it is not considered that an extension of time would be detrimental in terms of a need to secure cessation of mining operations. It is therefore considered that a need to extract unworked mineral outweighs the requirement of condition 3 attached to the permission to secure a cessation date as at 31 December 2010 and that a greater need exists to extract the mineral.

Minerals Local Plan Policy 12 requires that “proposed mineral development should not cause an unacceptable adverse impact on sensitive development …. on overlying, or within the sphere of influence of the site, and along external haul routes except where material planning benefits or, where appropriate, the need for the mineral outweighs the material planning objections”. In response to consultation, no material planning objections have been received and the impacts of the extraction of mineral as permitted have previously been assessed and considered acceptable. Hours of operation and blasting times are imposed by conditions as are the methods of extraction so as reduce

- 6 - impacts. Blasting is also limited to peak particle velocity of 6mm per second at the nearest above ground properties; this is set lower than minimum guidance figures presented in MPG14. Existing conditions also limit the impacts associated with traffic movements. As it is considered that any impacts would be minor in association with an extension of time and no objections or representations have been received, the proposals would comply with Policy 12.

Structure Plan

Policy MW1 requires where the need for minerals is at issue, planning applications for mineral working should be considered in the context of:

a) the landbank; b) the projected requirements for the mineral; c) national and regional guidance and the Development Plan; d) the quality and beneficial properties of the mineral in relation to the proposed uses;

Policy MW3 requires MPAs to encourage the efficient use of finite mineral resources.

Policy MW6 requires minerals development proposals to be assessed in terms of their social, environmental and economic effects in relation to the ability to safeguard, enhance and sustain environmental resources and amenity….either on its own or in conjunction with other developments, upon people, transportation systems or the environment. The land above the mine in the main consists of Rangemore Village and small clusters of properties. Three representations have been received which object to a plan which identified mining operations below their properties. The plan however was submitted to indicate the locations and direction of working in the mine and therefore not intended as a plan which would be included within any permission. The exclusion areas would continue to be safeguarded in any amended permission.

Although blasting takes place underground at specific times, the impacts are minimal and would have no greater impact above ground than if the mineral had been extracted within the prescribed timeframe. Any impacts that an extension of time would have therefore is not considered adverse and no complaints have been received relating to blasting at the mine.

Structure Plan policy reflects the guidance and aims of national and regional policy as has been identified in previous sections of this report. As no adverse impacts are identified in association with an extension of time to extract mineral, and the proposals would secure requirements for the mineral and its efficient and sustainable use, the proposals would accord with the above policies.

Other Considerations

With regard to the concern raised in one of the representations relating to the red line area and boundary issues, it is considered that in the main, the conditions attached to the permission would adequately protect the surface property. There have been no adverse impacts above ground upon either the village of Rangemore or the rural countryside and a condition attached to the permission (scheme of conditions) does

- 7 - require that no excavations shall take place within a horizontal distance, measured at the surface, equal to 0.5 times the vertical depth of the upper part of the excavations from any part of any residential building. This effectively provides a stand-off and would ensure that subsidence would not occur.

Conclusions

The need to provide a supply of gypsum and anhydrite of national and regional significance for the cement industry is not questioned and is supported by national, regional and local minerals planning policy.

Failure to allow an extension of time to extract mineral could potentially sterilise economically viable mineral that could otherwise be extracted to secure steady supplies of mineral needed by society and their timing of supply.

An extension of time would ensure the efficient and sustainable use of minerals thereby minimising the requirement for new primary extraction.

An extension of time would not introduce material adverse impacts. The need to extract unworked mineral therefore outweighs any minor impacts that an extension of time may introduce.

It is possible in extending the time limits of the permission to introduce new/additional conditions if considered relevant or appropriate to ensure the permission accords with current development plan policy and modified where appropriate to ensure appropriate control over the development. When the Mineral Planning Authority considered the former application under the periodic review for a new scheme of conditions (ES.08/05/504 M) it had been considered appropriate at that time by the authority to include conditions relevant to define the consent, its display at the site, the removal of permitted development rights, requirements for the method of working, the protection of the water environment and to allow for the appropriate notification of residents of blasting operations. However, as the time period had expired for the planning authority to agree the scheme of conditions, the conditions as proposed by the applicant were subsequently permitted. As conditions can be added/modified, it is therefore considered appropriate to include conditions relevant to the areas outlined above.

There have been no objections to an extension of time to extract unworked mineral from Fauld Mine (Rangemore area) and the benefits of the proposals outweigh any material planning objections. The application is therefore supported subject to the inclusion of additional/modified conditions.

Overall, as an exercise of judgement, taking the development plan policies as a whole and the other material considerations referred to above, it is concluded that the application to vary condition 1 of planning permission ES.08/05/504 M in effect to revise the cessation date for mineral extraction from 31 December 2010 to 31 December 2018 at Fauld Mine be PERMITTED on the grounds that:

1. A need for the mineral exists which is of national and regional significance.

2. The proposals would prevent the sterilisation of mineral.

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3. The proposals would ensure the efficient and sustainable use of minerals.

4. The proposals would assist in maintaining a landbank of anhydrite at Fauld Mine.

5. The material planning benefits outweigh the material planning objections.

6. There would be no adverse environmental impacts or impacts on amenity.

RECOMMENDATION

PERMIT the non-compliance/variation of condition 1 of planning permission ES.08/05/504 M, so as to extend the cessation date for mineral extraction at Fauld Mine from 31 December 2010 to 31 December 2018 subject to the attached conditions.

[Electronic Copy: Signature Removed] SIGNED: Paul Wilcox Head of Development & Waste Management

DATE: 24 December 2009

Case Officer: Graham Allen - Tel: (01785) 277299 email: [email protected]

A list of background papers for this report is available on request and for public inspection at the offices of Development Services Directorate, Riverway, Stafford during normal office hours Monday to Thursday (8.30 am – 5.00 pm); Friday (8.30 am – 4.30 pm).

- 9 - RECOMMENDED CONDITIONS : ES.09/14/504 M

Definition of consent

1. This planning permission shall only relate to the site (hereafter referred to as the “Site") outlined in red on Plan No. 1 and Plan 2 and Plan 3 attached to planning permission ES.16573/01 dated 21 September 1987 and outlined on Plan F85 10A, F85 13 attached to planning permission ES.15422/01 dated 9 December 1985.

2. The development hereby permitted shall only be carried out in accordance with the submitted application form and supporting statement ref: ES.09/14/504 M and planning permission ES.08/05/504 M, as modified by the conditions attached to this permission;

Reasons 1 & 2: To define the permission and ensure that it is implemented in all respects in accordance with the submitted details.

Time Limits

3. Unless otherwise agreed in writing with the Mineral Planning Authority, all extraction operations hereby authorised shall cease by 31 December 2018 or when all workable mineral has been extracted, whichever is the sooner

Reason: To clearly define the period by which mineral extraction operations must cease.

Display of Planning Permission

4. A copy of the terms of this planning permission, including all documents referred to in this permission and any documents subsequently approved in accordance with this planning permission shall be kept at the Site and shall be made available for the inspection to any person(s) given responsibility for the management or control of the mineral activities/operations on the Site.

Reason: To enable easy reference and to encourage compliance with the requirements of the planning permission so as to ensure the orderly operation of the Site.

Method of working

5. No mineral shall be extracted from the underground area hereby permitted other than in conformity with the system of regular, partial, pillar and stall extraction, having a maximum ratio of mineral extracted to mineral retained as pillars of support not exceeding 75% by area (i.e. 25% of the gypsum/anhydrite horizon will be left undisturbed in the form of rectangular pillars of support)

6. No winning and working of mineral hereby permitted shall be carried out other than in general conformity with a Mining Development Plan which shall first be submitted for the written approval of the Mineral Planning Authority. The Mining Development Plan (or Plans) shall show the general proposed timing/phasing for

- 10 - mineral extraction operations over the whole Site up to 31 December 2018 and include detailed information on the following;

(i) location and dimensions of proposed pillars of support for residential properties (which shall be no smaller than specified in condition 7 below) and such measures as may be necessary to provide support for other buildings;

(ii) an indication of the minimum thickness of strata between the workings and the ground surface;

(iii) the proposed location and timing of any major development headings or roadways extending beyond the permitted area of extraction;

Reasons 5 & 6: In order to ensure an orderly and progressive pattern of working and to monitor the extraction operations so as to minimise its impact on the amenities of the local area in accordance with Policies D2 and MW6 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 12 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006.

7. No winning and working of mineral shall take place from any part of the underground area hereby permitted other than in conformity with the approved Mining Development Plan.

8. No excavations shall take place within a horizontal distance measured at the surface, equal to 0.5 times the vertical depth of the upper part of the excavations from any part of any existing residential building.

Reason 7 and 8: In the interests of safety and to prevent any adverse impacts upon surface installations, developments and land-uses which lie above the underground mining operations hereby permitted.

Access, Traffic and the Protection for the Public Highway

9. No access to or egress from the underground workings for the movement of plant, personnel, mineral waste shall take place except from the existing Fauld Mine adits, marked A and B on Plan No. 1 attached to planning permission ES.16573/01 dated 21 September 1987.

10. No mineral, material processed or derived from mineral, nor mineral waste, originating from the area underground extraction hereby permitted shall join the public highway except via the existing access onto Fauld Lane, marked X-Y on Plan No 1 attached to planning permission ES.16573/01 dated 21 September 1987.

11. No operations authorised or required by this permission shall result in any mud, dirt or other deleterious materials being carried off-site on the wheels or bodies of vehicles which would result in such materials being deposited on the highway. Any accidental deposition of mud, dirt or deleterious materials shall be removed within 24 hours by the developer.

- 11 - 12. No haulage vehicles shall leave the Site unless its load has been sheeted.

Reasons 9 to 12: In the interests of highway safety and to prevent mud and dust getting on the highway in accordance with Policy MW6 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 12 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

Removal of Permitted Development Rights

13. Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order (as amended), no building, plant or structure, or erections of the nature of plant shall be erected without the prior written approval of the Mineral Planning Authority.

Reason 13: In order to protect the environment and amenity of the surrounding area and to regulate the use of land.

Notification & Control of Monitoring of Blasting

14. Except in the case of emergency or as otherwise agreed in writing with the Mineral Planning Authority, blasting shall not take place in the area except between the hours of 06:00 and 22:00 hours Mondays to Fridays. No blasting shall take place on Saturdays, Sundays, Bank or Public Holidays.

Reason: To safeguard the amenities of local residents and the surrounding area in accordance with Policy MW6 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 12 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

15. No blasting shall be carried out which would result in any resultant peak particle velocity attributable to the blast exceeding 6mm per second in 95% of all blasts over a period to be agreed in writing with the Mineral Planning Authority prior to commencement of blasting within the area covered by this permission and no individual blast shall exceed a peak particle velocity of 12 mm per second at any noise and vibration sensitive property measured at the footings of the building.

16. The Mineral Planning Authority shall be notified in advance, in writing, of the times and dates when blasting operations shall take place and of the arrangements for notifying residents likely to be affected.

17. Prior to any blasting operations taking place, local residents likely to be affected by blasting operations shall be notified in writing of the times and dates when the blasting operations are to take place at the Site.

18. Prior to the carrying out of any blasting operations details of the location(s) and arrangements for the monitoring of vibration at the surface shall be submitted for the written approval of the Mineral Planning Authority. Monitoring shall then be carried out in accordance with the approved details and implemented following the first blast.

- 12 - Reason 15 to 18: To safeguard the amenities of local residents and the monitor any adverse impacts on the surrounding area in accordance with Policy MW6 of the Staffordshire & Stoke- on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 12 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

Groundwater and surface water drainage protection

19. All oil, fuel and liquid chemical surface storage tanks and their associated filling points, vents, gauges, sight glasses and pipework are to be placed on impervious floors and enclosed with a bund of at least 110% capacity of the tanks which is to be maintained at that capacity or greater by removal of liquids and debris. Each bund shall be designed so as to prevent the release of stored materials in the event of a leak or spillage.

20. Any leaked or spilled substances, removed liquid and debris are to be disposed of to a facility licensed for that purpose.

21. The mine will be designed and operated to minimise as far as is reasonably practical to prevent ingress of water into the underground void formed by these operations.

Reasons 19 to 21: To protect the water environment in accordance with Policies D2, NC9 and MW6 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 32 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

22. Within 6 months of the date of this permission, the measures adopted at the Site to prevent damage or pollution to watercourses as a result of disposed waste waters derived from the operations hereby permitted shall be submitted for the written approval of the Mineral Planning Authority. No new surface outfalls or alternative methods of disposal of waste water shall be undertaken and implemented without the prior written approval of the Mineral Planning Authority.

Reason: To protect the water environment and to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution in accordance with Policies D2, NC9 and MW6 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 32 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

Landscaping

23. Within 12 months of the date of this permission the ventilation shaft shall be clad in natural stone and further trees and shrubs planted between the shaft and the B5234, in accordance with a landscaping scheme which shall be submitted within 3 months of the date of this permission for the written approval of the Mineral Planning Authority. The details shall be implemented in accordance with the approved scheme.

Reason: In the interests of amenity and to enhance the landscaping and visual appearance of Site in accordance with Staffordshire and Stoke-on-Trent Structure Plan Policy MW6

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Restoration, Aftercare and After-use

24. Within 12 months of the completion of winning and working of mineral hereby permitted, all shafts, adits or other methods of access to or egress from the Site shall be capped or sealed, and where appropriate the surface restored to agriculture. The restoration shall be carried out in accordance with a restoration and 5 year aftercare scheme which shall be submitted within 6 months of the date of this permission for the written approval of the Mineral Planning Authority. Restoration and aftercare shall be carried out in accordance with the approved restoration and aftercare scheme.

25. All plant, machinery, buildings and other structures erected in connection with the winning and working of minerals hereby permitted shall be removed from the Site before restoration is complete.

26. In the event of any surface subsidence from old mine workings occurring within the area covered by this permission and within the period during the underground winning and working of gypsum and anhydrite hereby permitted or within 5 years of the cessation of winning and working gypsum and anhydrite hereby permitted, the Mineral Planning Authority shall be notified of such subsidence and of the proposed remedial surface restoration works. Such restoration shall be completed within 12 months of the discovery of the subsidence.

Reasons 24 to 26: In order to ensure that the land is turned to a beneficial use and to protect the character of the appearance of the land after the extraction operations cease in accordance with Policies NC2 and MW9 of the Staffordshire & Stoke-on-Trent Structure Plan 1996-2011 (‘saved policies’) and Policy 9 of the Staffordshire & Stoke-on-Trent Minerals Local Plan 1994-2006 (‘saved policies’).

Expiration of Permission

27. This permission shall expire when the requirements set out in Condition 24 above have been carried out.

Reason: To define the permission and to ensure the permission is implemented in all respects in accordance with the approved details.

INFORMATIVES:

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 Portal at www.staffordshire.gov.uk/planning

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It is also necessary to comply with the obligations of the Section 106 Agreement dated 14 September 1993 between Staffordshire County Council, British Gypsum Limited and others.

Notwithstanding condition 3 of this permission, it should be noted that the major part of the Rangemore Consent (refer to the area permitted under Permission ES.16573/01) is subject to a condition stating that: “No extraction of gypsum and anhydrite from the area shown coloured solid green on Plan No.1 (attached to the legal agreement) shall take place after 31 December 2007.

The operator’s attention is drawn to advice received from Severn Trent Water who advise that there are public sewers within the area which have statutory protection. If any mining operations should affect sewers in the area of mining operations the operator should contact Severn Trent Water Asset Protection, Regis Road, Tettenhall, WV6 8RU.

This permission does not purport to convey any approval or consent which may be required under any enactment other than Section 57 of the Town and Country Planning Act, 1990.

Summary of Reasons for the recommended decision

The proposal was to vary condition 1 of planning permission ES.08/05/504 M (scheme of conditions), in order to extend the time period (until 2018) to extract gypsum and anhydrite which has not been worked within the Rangemore area of Fauld Mine. Having regard to Development Plan policies, the key issues were whether the proposed development was in accordance with relevant mineral and other relevant planning policy and whether the proposals would result in adverse environmental or amenity impacts.

Overall, as an exercise of judgement, taking the development plan policies as a whole and other material considerations, it is concluded that the application to vary condition 1 of planning permission ES.08/05/504 M in effect to revise the cessation date for mineral extraction from 31 December 2010 to 31 December 2018 at Fauld Mine should be supported on the grounds that:

1. A need for the mineral exists which is of national and regional significance.

2. The proposals would prevent the sterilisation of mineral.

3. The proposals would ensure the efficient and sustainable use of minerals.

4. The proposals would assist in maintaining a landbank of anhydrite at Fauld Mine.

5. The material planning benefits outweigh the material planning objections.

6. There would be no adverse environmental impacts or impacts on amenity.

The development therefore accords with national planning guidance contained in PPS1, MPS1 and MPG10, Policy M1 contained in the Regional Spatial Strategy for the West Midlands, Staffordshire and Stoke-on-Trent Structure Plan Policies (MW1) in maintaining a landbank and the quality and beneficial properties of the mineral in relation to the proposed uses for the benefits of society, (MW3) the appropriate use of high quality minerals, (MW6) as there would

- 15 - be no unacceptable adverse impacts on people, transportation systems or the environment, Staffordshire and Stoke-on-Trent Minerals Local Plan Policies (5) in preventing sterilisation of a mineral resource, (9) as provision is made for restoration and aftercare where appropriate, (12) as no unacceptable adverse impact would be caused to sensitive overlying development, and (46) in aiding to maintain a landbank for anhydrite at Fauld Mine.

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