DEVELOPMENT CONTROL AND REGULATION COMMITTEE 26 August 2015 A report by the Assistant Director of Environment & Regulatory Services ______

Application No: 5/15/9005 District:

Applicant: Lafarge Tarmac Ltd Parish: Fell Bank, Birtley, Chester Le Street Received: 31 MarchChester-le-Street 2015

PROPOSAL: Section 73 application to amend Condition 1 of planning permission 5/05/9013 to allow additional time to complete mineral extraction in the deep extension part of the quarry. LOCATION: Stainton Quarry, Long Lane, Stainton with Adgarley, Barrow-in-Furness, , LA13 0NN ______

1.0 RECOMMENDATION

1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

2.0 THE PROPOSAL

2.1 This application seeks planning permission to extend the time limit for the extraction of high purity limestone from the deep extension area of Stainton Quarry for a further ten years until 31 March 2025, and thereby delay restoration of this area until 31 March 2026.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 South Lakeland District Council’s Planning Department reports that it has no comments to make as regards the application.

3.2 Urswick Parish Council has no objections or comments.

Dalton with Newtown Parish Council were also consulted however no reply had been received when this report was prepared. In the event a reply is received in advance of Committee this will be reported to Members on the update sheet.

N.B. Dalton with Newton’s Parish boundary is in close proximity to the western boundary of the quarry and the deepening is located within the western side of the quarry. The main unclassified element of the haul route (Long Lane) also runs through their parish.

3.3 The Highway Authority has no objections on the proviso that there is no change in the day-to-day behaviours of traffic movements to and from the site (i.e. number of movements, movement routes, or access and egress points).

3.4 South Lakeland District Council’s Environmental Health Department has no objection.

3.5 The Environment Agency has no objection.

3.6 The Health & Safety Executive and Natural were also consulted however no reply had been received from these organisations when this report was prepared. In the event replies are received in advance of Committee these will be reported to Members on the update sheet.

3.7 The application site falls within the County Council electoral division of Low Furness. The local member representing that division, Ms J Willis, has been notified.

3.8 The local County Council member for the neighbouring electoral division of Dalton South, Mr Ernie Wilson, has also been notified as the site is near to the boundary of his electoral division

3.9 The planning application has been advertised on site and in the local press and neighbouring properties notified. The formal publicity period for the application closed on 30 April 2015.

3.10 Two written representations have been received from local residents. Both representations object to the application and claim that extraction operations at Stainton Quarry have caused vibrations/ground movement that has caused damage to their properties.

3.11 The first letter objects to any extension of blasting at the site. They state that since purchasing Skells Lodge, Dalton-in-Furness they have been “quite shocked at the extent of vibration felt within the house from the regular blasting at the quarry mostly on a Friday morning”. They continue that:

“…initially the blasting was quite small and we only felt the whole house shudder. BUT on occasions it felt like the house was going to come down around our ears.

The force of the blasts on occasions were so severe that a couple of cracks actually appeared in the newly refurbished plasterwork inside the house. The blasts were so strong that pots and pans rattled and objects fell over.

The house which was built over a hundred years ago when we bought it had started to collapse. The front of the property had moved some 6-10 inches in places away from the internal walls of the house and we have spent an absolute fortune tying it back into the property to make it structurally sound again.

I genuinely believe that this has been caused by years and years of the quarry blasting. I would definitely not be happy if more extensive blasting were to occur as I believe that this could potentially damage my property further.

You are welcome as a committee to come and stand in the house when the quarry blasts!”

3.12 The second letter objects to extraction operations coming any closer to their property (North View, 2 Longlands Cottage, Dalton-in-Furness), reporting that they have “in the past suffered an element of impact to our property and barn and believe the quarry blasting to be the cause and feel that should excavation be brought closer to us, then we will no doubt have more movement”. They also report that they have the added concern of their horses “which are kept very close to the working of the quarry”.

4.0 PLANNING ASSESSMENT

Site Location 4.1 Stainton Quarry is a large carboniferous limestone quarry which is located approximately 4km north-east of Barrow-in-Furness and 2km south-east of the market town of Dalton-in-Furness. It is situated immediately to the north of the village of Stainton-with-Adgarley. With the exception of the village, the site is predominantly surrounded by agricultural land. The quarry sits within a distinctive landscape setting characterised by field tracts of high drumlins with broad rounded tops and steep sides.

Site Access 4.2 The site has a dedicated access road which connects on to Long Lane outside the western outskirts of the village. All HGV traffic utilises this access. Following the construction of this site access in 1999, the applicant introduced a voluntary routing agreement which instructs all HGV traffic to bypass the village of Stainton-with-Adgarley by utilising Long Lane.

Nature of the Quarry and Existing Operations 4.3 The current operational footprint of the quarry covers an area of approximately 40-50ha. Material at the site is extracted by drilling blast shot holes into the rock into which explosives are placed before being detonated in a controlled manner, with the blasted rock then being removed by heavy machinery for processing. Working takes place in a series of 15m benches. Current levels of extraction are running at approximately 180,000 tonnes per year. At the site as a whole, there remains approximately 24 million tonnes of mineral reserve yet to be worked.

4.4 Two different formations of limestone – Park Limestone and Urswick Limestone, are worked at this hardrock quarry site. Consequently the site produces stone for a range of aggregate and industrial uses. The Urswick Limestone is of a lesser and more variable quality than the Park formation so is quarried principally for aggregate. The Park Limestone has a high chemical purity and is consequently marketed for industrial applications.

4.5 The quarry principally produces aggregate, coated road-stone and armour stone from the Urswick Limestone. This latter armour stone product is primarily employed for the construction of the bases of off-shore wind turbines and coastal flood defence works. Contracts to supply offshore projects result in significant peaks in production at the site and related traffic movements. These materials are worked from the main quarry void which is located centrally within the site and is currently being worked in both easterly and westerly directions.

4.6 The Park Limestone formation is worked from an area referred to as “the sinking”, which is located in the south-westerly corner of the site, in order to produce a high-purity limestone powder. The extraction of this high purity material from this area is covered by a separate planning permission to that covering aggregate and stone extraction. It is this area within the larger quarry site that is the subject of this planning application. The high purity limestone powder produced/extracted from this area is sold for industrial and chemical uses and is exported from Barrow docks to markets in northern Europe for paper and pharmaceutical applications and use in the manufacture of iron and steel. Due to its special qualities, and in order to safeguard the resource for appropriate use, the high purity limestone in the sinking is only extracted and sold as chemical grade limestone when orders are received. No extraction has taken place from the sinking within the last three years due to a combination of operational constraints and the impact of the global recession upon demand.

Relevant Planning History of the Site 4.7 Stainton Quarry, as a whole, has planning permission (Ref. 5/93/9013) for mineral extraction until 21st February 2042. This permission covers a total area of 78ha.

4.8 In 1998 planning permission (Ref. 5/97/9017) was granted for a deep extension (the sinking) in the south western part of the site. This permission allowed mineral working to take place below 40m AOD down to a base-depth of 25m AOD over an area of some 4.6ha for an eight year period so as to enable the extraction of 1.6million tonnes of high purity carboniferous limestone from the Park Limestone formation. In 2006 planning permission (Ref. 5/05/9013) was granted to extend the time period for the working of the sinking until 31 March 2015 as the permitted reserves had not yet been worked-out.

4.9 In 2010 the County Council approved a Review of Old Mineral Permission (ROMP) application (Ref. 5/10/9001) for determination of modern and up to date planning conditions for the whole site in accordance with the Environment Act 1995. In parallel to the ROMP process the site operator entered into a Legal Agreement under Section 59 of the Highways Act to provide compensation for extraordinary damage that HGV traffic generated by the site may cause to Long Lane that would incur estimated extra expense to the highways authority in its maintenance of this road. To this extent the operator appertained to pay the sum of £10,000 per 500,000 tonnes of qualifying material extracted from the Quarry.

4.10 A number of complaints have been received over the last five years regarding the impact on residential amenity of HGV traffic on Long Lane (in terms of noise, vibration and of dust emanating from un-sheeted HGVs transporting armour stone) and the condition of the highway with mud and debris on Long Lane. In response to these complaints the operator withdrew its planning application (Ref. 5/14/9015) for un-sheeted transport of rock armour pending a detailed review of the issues raised and also installed a new wheelwash at the entrance to the quarry.

Key Existing Planning Conditions 4.11 Since 1994, that is to say from the grant of the consolidating planning permission for the site (Ref. 5/93/9013), that permission and all subsequent planning permissions have imposed the same set of core conditional limits that are relevant to some of the issues raised by representees. These key issues/conditions include:

4.12 Blasting: This is restricted to 10am to 4pm Monday to Friday and 10am-12am Saturdays. Ground vibration from blasting operations is prohibited from exceeding a peak particle velocity of 6mm per second in 95% of all blasts measured over any period of 6 Consomonths and no individual blast is permitted to exceed a peak particle velocity of 9mm per second as measured at vibration sensitive buildings. The site’s Blast Monitoring Scheme has monitoring points located at Slop Lane, Highfields, Longlands and the Recreation Hall in Stainton- with-Adgarley.

4.13 Hours: No operations, including the winning and working of minerals, the loading, unloading or transportation of minerals or mineral products are permitted to take place on site outside the hours: 7am to 7pm Monday to Friday; or 7am to 1pm on Saturdays.

4.14 Traffic: The total number of laden HGVs leaving the site are limited so that they shall not exceed 200 on any weekday and 100 on Saturdays; and all laden HGVs are required to be sheeted.

Proximity of properties to the Quarry 4.15 There are 75 properties located within a 400m buffer of the permitted planning boundary area of the sinking. The nearest properties to this area are at least 145m away. The nearest properties are (relative to the sinking area):

. Minkin Hall Farm, Longlands which lies at least 145m to its west.

. 1-13 Slop Lane, Stainton with Adgarley which lie south-east of the area, with No. 6 Slop Lane being the closest at approximately 145m from the area.

4.16 The objectors’ properties are located as follows in relation to the quarry:

. Skells Lodge is located to the far centre north of the quarry at approximately 88m AOD. The property is at least 600m from the area of the sinking. The current aggregate working area, which is not the subject of this application, is currently at least 270m from this property and at an approximate level of 50m AOD.

. North View, 2 Longlands Cottage is located at least 200m northwest of the permitted planning boundary of the sinking area. The property sits at 73.5m AOD.

Drivers behind the Current Planning Application 4.17 This planning application seeks additional time to complete the extraction of high purity limestone from the deep extension part of the quarry (i.e. the sinking) until 31 March 2025. The application establishes that the reserve in the area has not been worked to the extent envisaged in 2005 largely due to low demand for this product from this site during the recent global recession. It also relates that extraction has been inhibited by the presence of Great Crested Newts which currently inhabit the southernmost part of the sinking area.

4.18 The applicant reports that the market for high purity industrial limestone is now picking-up following the recession and that they are in the process of negotiating a contract to supply such high grade material to Sweden.

4.19 As of June 2014, the remaining reserve of high purity limestone in the sinking is estimated to be 514,000 tonnes. This application for a 10 year extension of time would facilitate the further extraction of the currently permitted mineral reserves and the restoration of the site in accordance with the approved restoration scheme.

Proposed Future Phasing of Working and Restoration 4.20 The current five year development plan for the quarry (dated October 2014) estimates that, dependent on contracts, up to 290,000 tonnes of high purity limestone may be extracted during the proposed 10 year extension period. The quarry development plan envisages the existing void area being worked northwards at 40m AOD and then south-eastward down from 40m AOD to 25m AOD along the areas south-western limit/face. However no extraction can take place until the Great Crested Newts are trans-located elsewhere on site and current stockpiles relocated to another part of the quarry.

4.21 Upon completion of extraction, the void would be infilled with overburden and restored to a nature conservation after use. Within the area of the sinking, the restoration scheme proposes scrub, neutral grassland and areas of open water/ponds surrounded by damp/wet grassland and calcareous grassland.

Planning Policy Assessment Framework 4.22 Planning legislation requires applications for planning permission to be determined in accordance with policies contained within the development plan unless material considerations indicate otherwise. The relevant primary statutory local development plan documents against which the proposed application will be assessed are the Cumbria Minerals and Waste Development Framework’s (CMWDF) Core Strategy and Generic Development Control Policies (both adopted in April 2009).

4.23 Consultation on the ‘Preferred Options’ for the new Cumbria Minerals and Waste Local Plan (CMWLP) 2014-2029 closed in May 2015. As the plan is currently some substantial way from being submitted and adopted, it can only be attributed very limited weight in the decision making process. It is noted that the emerging CMWLP supports the extraction of industrial limestone (Policy SP10) and also supports the economic viability of businesses in the county.

4.24 The National Planning Policy Framework [NPPF] was published in March 2012 and its accompanying online Planning Practice Guidance (PPG) suite was launched on 6 March 2014. Both of these are material planning considerations and provide direction and guidance as regards minerals extraction, economic development and environmental considerations.

The Application 4.25 In relation to applications made under Section 73 of the Town and Country Planning Act 1990 to vary or remove conditions on an existing planning permission, the Act requires the local planning authority to consider only the question of the conditions subject to which planning permission should be granted. In this case the applicant is seeking to vary Condition No. 1 of planning permission 5/05/9013, which limits the life of mineral extraction operations in the area of the sinking, so as to extend the timeframe for mineral working in this area to 31 March 2025 and its subsequent restoration until 31 March 2026.

4.26 Whilst the principle of this development and its impacts were previously found to be acceptable, this was in the context of the temporary time limit imposed and the site as it stood at the time of previous determinations. The main planning issues of relevance to extending the operational life of this part of Stainton Quarry are considered to be the question of need for the high purity limestone mineral resource, and, if that can be demonstrated, what the environmental implications of continuing mineral extraction at this site would be. The proposed development has the potential for adverse impact in relation to:

. Blasting / Ground Vibration / Air Over-pressure . Protected Species . Traffic Movements

4.27 Each of the issues raised by this application will be considered in turn, in the context of relevant planning policy.

Main Planning Issues

Need 4.28 Paragraph 142 of the NPPF establishes the importance of sufficient supply of minerals to support sustainable economic growth and of making best use of minerals to secure their long-term conservation. Paragraph 146 of the NPPF directs, minerals planning authorities to plan for a steady and adequate supply of industrial minerals in order ensure sufficient provision is made to support their likely use in industrial and manufacturing processes. Expanding on this the NPPF expresses support for safeguarding and/or stockpiling so that such important minerals remain available for use.

4.29 CMWDF Core Strategy Policy 16 (Industrial Limestones) states that planning permission for the extraction of high purity limestone will not be granted unless it is reserved primarily for non-aggregate uses, and national or regional need has been demonstrated, or where significant benefits would accrue to local communities and/or the environment. Policy DC 6 of the CMWDF Generic Development Control Policies establishes that favourable consideration may be given to proposals related to areas already subject to minerals extraction where the additional working will enable comprehensive exploitation of the reserves.

4.30 This application would ensure continuity of supply and prevent mineral sacrilege – i.e. the sterilisation of 514,000 tonnes of a proven high quality industrial grade limestone that had been a previously permitted mineral reserve, as Quarry operations will eventually require the tipping of overburden in the area of the sinking in order to progress to later phases of working and so as to achieve the approved restoration scheme. The application would enable comprehensive extraction of this reserve thereby supporting industrial and manufacturing processes, contributing to productivity and conferring economic benefit by contributing to UK exports and the local economy and as such result in significant benefits. In light of the high purity industrial grade limestone present in the area of the sinking and the above policy context and considerations, it is concluded that there is a justifiable need for this resource.

4.31 The applicant reports that the timing of extraction of high purity limestone from the sinking is in response to demand in order to safeguard this high quality material for the uses to which it is best suited. As such it is considered that they are prudently conserving this resource for appropriate use in line with CMWDF Core Strategy Policy 16.

Blasting / Ground Vibration 4.32 This application would not take extraction operations any closer to residential dwellings than previously permitted, although it would mean the continuation of quarrying in an area near to the village (Slop Lane) and dwellings at Longlands. Ground vibrations from blasting are monitored by the operator at each blast under the terms of the approved Blast Monitoring Scheme. South Lakeland District Council’s Environmental Health Department also monitors blasts at the site. It is also noted that the sinking has not been worked since 2012.

4.33 With regard to concerns expressed by objectors regarding blasting at the quarry being linked to structural damage to their properties, there is no evidence that would confirm this claim. The quarry is already subject to planning conditions with appropriate vibration limits which are well below the threshold at which ground vibration would cause structural damage to property (and also at levels so that no cosmetic damage should result either). There is no evidence to suggest that the limits set out in the conditions have ever been exceeded at any of the existing monitoring points.

4.34 The Environmental Impact Assessment undertaken as part of the 2010 ROMP application (Ref: 5/10/9001) reviewed the potential impact of vibration from blasting on site and found the existing blast monitoring scheme and planning condition limits to be acceptable and up-to-date. This document acknowledges the need to reduce charge weights in order to meet the limits when working the western and northern advance of the sinking in order to meet the conditional vibration limits imposed at the properties at Longlands. This is similarly the case when working the south-eastern advance towards Slop Lane. In the case of Skells Lodge, blasting operations within the sinking area are not considered to have any impact at all on this property by virtue of their depth and distance from this property. The applicant has submitted the blast monitoring results for the last four detonations of explosives within the sinking. These results indicated that the blast designs have ensured that the results are well within the ground vibration limits set within the sites existing planning conditions. South Lakeland District Council’s Environmental Health Department has no objection to the continuation of working of the sinking. Consequently it is considered that the application would not have an adverse impact on built property and complies with Policy DC 2 of the CMWDF Generic Development Control Policies.

4.35 Irrespective of the above considerations, the applicant has updated their blast monitoring locations to include monitoring from outside North View and Skells Lodge so as to provide direct reassurance to the representees that blasting is not resulting in the vibration limits being exceeded.

Protected Species 4.36 Stainton Quarry hosts considerable wildlife interest. In the area of the sinking there is a pond and recently undisturbed quarry faces which, respectively, provide habitat for amphibians, birds and potentially bats.

4.37 Great Crested Newts (GCN) and Smooth Newts inhabit the pond within the lower area of the sinking. Great Crested Newts are a European Protected Species. To enable continued extraction in the Sinking it will first be necessary to translocate these species and provide mitigation for the loss of the pond. The applicant intends to create suitable replacement habitat for the sites GCN population elsewhere within their landholding on the quarry site. The proposed “Outline Great Crested Newt Mitigation Strategy” submitted is considered to provide a suitable location for the new mitigatory habitat outside of the current and future operational footprint of the quarry that can be safeguarded for the operational life of the site. It also provides a commitment to delivering qualitative improvements in the habitat available. In order to protect GCNs from harm, a planning condition is proposed to prevent the resumption of mineral working within the sinking until a fully detailed mitigation plan is submitted, approved and subsequently implemented.

4.38 A range of birds are present within the quarry, and evidence of past nesting is present on the south-eastern and south-western faces of the sinking. To prevent harm to breeding birds a condition is proposed to prohibit blasting of faces with nests during the bird breeding season.

4.39 The ecology surveys undertaken as part of the 2010 ROMP also noted that the recently undisturbed quarry faces at the margin of the sinking that run westward from the south round to the north have good bat roosting potential and that there is a notable level of bat activity within and around the wider quarry. To ensure roosting bats are not affected by the resumption of mineral working in the sinking it is proposed to impose a condition to require that no working of any long undisturbed quarry face should commence in winter (between mid-November and mid-April) to avoid the low risk of harm to hibernating bats.

4.40 In light of the proposed conditions, it is considered that the potential adverse effects of the continued working of the sinking on protected species can be adequately mitigated. Accordingly the application is considered to align with the aims of the CMWDF Core Strategy Policy 4 to protect, maintain and enhance environmental assets and comply with Part B of Policy DC 10 of the CMWDF Generic Development Control Polices.

Traffic Movements 4.41 With references to the Highways Authority’s comments, this application would not lead to any intensification of vehicular activity outside the limits already imposed by planning conditions. The planning conditions limit the number of HGVs departing the site and require their sheeting. The presence of the newly installed wheel-wash should serve to better prevent material from the site being tracked onto the public highway. In light of these measures and the existing Section 59 Agreement it is considered that this application would not have an adverse impact on the condition of the highway or highway safety.

Other Planning Matters

Economic Benefit 4.42 The extraction of high purity industrial grade limestone at Stainton Quarry supplies markets in Northern Europe boosting the region’s and the nation’s exports. Its extraction will also help safeguard the jobs of existing locally based quarry staff and support local contract haulier companies and jobs at the nearby port of Barrow-in-Furness from where the material is exported. A grant of planning permission would help safeguard existing jobs at the quarry and enable the site to continue its contribution to employment and the local economy. It is therefore considered that the application demonstrates potential to provide local and wider economic benefit and thereby complies with CMWDF Policy CS 2 and paragraphs 18 and 19 of the NPPF.

Hydrology 4.43 It is proposed to transpose conditions from the ROMP to protect and safeguard ground and surface water to ensure there is no risk of pollution to these from operations.

Noise and Dust 4.44 The site is well run and the existing noise and dust measures deemed adequate. No issues as regards these matters have been noted or raised during monitoring visits to the site.

Miscellaneous – Note as regards Section 73 applications 4.45 Whilst only the one condition is being applied to be varied, the Local Planning Authority has a limited degree of discretion to vary and add to the existing conditions. As such a number of changes are proposed to the conditions of planning permission ref: 5/05/9013 to bring it in line with the environmental information and agreed planning conditions that were the outcome of the 2010 ROMP process.

Human Rights Act 1998 4.46 The proposal will have a limited impact on the residential and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion 4.47 This application is for the continuation of mineral extraction operations from the sinking that were previously approved under the auspices of planning permission ref: 5/05/9013. The sinking is a small 4.6ha area within a much larger existing quarry site which has planning permission (ref: 5/93/9013) to operate until 2042. The continued working of the sinking would allow continued supply of this specialist industrial limestone material. This would confer clear economic benefit to national and regional exports and the local economy. The need for this material has been soundly justified by the application as has the presence of operational principles that ensures this this high purity limestone mineral resource is reserved for appropriate use. The potential adverse impacts associated with operations (i.e. ground vibration, emissions, ecological and traffic) are controlled by planning conditions and thereby deemed to be adequately mitigated and within acceptable limits. As such it is considered that the application conforms with planning policy and it is recommended that planning permission should be granted subject to conditions.

Angela Jones Assistant Director of Environment & Regulatory Services

Contact Mr Edward Page, Kendal, Tel: 01539 713 424; Email: [email protected]

Background Papers: Planning Application File Reference No. 5/15/9005 Electoral Division Identification: Low Furness ED - Ms J Willis

Appendix 1 Ref No. 5/15/9005 Development Control and Regulation Committee – 26 August 2015

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION

1 This application has been determined in accordance with the Town and Country Planning Acts and the relevant local development plan document policies and in the context of national planning policy framework and guidance.

2 The key local development plan policies taken into account by the County Council before granting permission were as follows:

CUMBRIA MINERALS & WASTE DEVELOPMENT FRAMEWORK [CMWDF]

Core Strategy 2009-2020 (Adopted April 2009) Policy CS 1 - Sustainable Location and Design Proposals for minerals and waste management developments should demonstrate that:-  energy management, environmental performance and carbon reduction have been determining design factors;  their location will minimise, as far as is practicable, the "minerals or waste road miles" involved in supplying the minerals or managing the wastes unless other environmental/sustainability and, for minerals, geological considerations override this aim; …

Policy CS 2 - Economic Benefit Proposals for new minerals and waste developments should demonstrate that they would realise their potential to provide economic benefit. This will include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. It will also be important to ensure that minerals and waste developments would not prejudice other regeneration and development initiatives.

Policy CS 4 - Environmental Assets Minerals and waste management developments should aim to:  protect, maintain and enhance overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places.  improve the settings of the features,  improve the linkages between them and buffer zones around them, where this is appropriate;  realise the opportunities for expanding and increasing environmental resources, including adapting and mitigating for climate change.

Areas and features identified to be of international or national importance. Planning application proposals within these, or that could affect them, must demonstrate that they comply with the relevant national policies as set out in Planning Policy Statements. Wherever practicable, they should also demonstrate that they would enhance the environmental assets.

Environmental assets not protected by national or European legislation Planning permission will not be granted for development that would have an unacceptable impact on these environmental assets, on its own or in combination with other developments, unless:-  it is demonstrated that there is an overriding need for the development, and  that it cannot reasonably be located on any alternative site that would result in less or no harm, and then,  that the effects can be adequately mitigated, or if not,  that the effects can be adequately and realistically compensated for through offsetting actions. All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria's environmental assets. Guidance on implementing parts of this policy will be provided by the Landscape Character and Highway Design Guidance Documents and by the Cumbria Biodiversity Evidence Base.

Policy CS 5 - Afteruse and Restoration Restoration and aftercare schemes for mineral working and waste management sites should demonstrate that best practicable measures have been taken to secure full advantage of their potential to help deliver sustainability objectives relating to the environment and the economy of the county.

Policy CS 16 - Industrial Limestones Planning permission for the extraction of high purity limestone will not be granted unless it is primarily for non-aggregate uses, and national or regional need has been demonstrated, or where significant benefits would accrue to local communities and/or the environment.

Generic Development Control Policies 2009-2020 (Adopted April 2009) Policy DC1 – Traffic and Transport Proposals for minerals and waste developments should be located where they: a. are well related to the strategic route network as defined in the Local Transport Plan, and/or b. have potential for rail or sea transport and sustainable travel to work, and c. are located to minimise operational "minerals and waste road miles". Mineral developments that are not located as above may be permitted if:  they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users and on community amenity,  where an appropriate standard of access and traffic routing can be provided, and appropriate mitigation measures for unavoidable impacts are provided.

Policy DC 2 - General Criteria Minerals and Waste proposals must, where appropriate, demonstrate that: a. noise levels, blast vibration and air over-pressure levels would be within acceptable limits, b. there will be no significant degradation of air quality (from dust and emissions), c. public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, d. carbon emissions from buildings, plant and transport have been minimised, e. issues of ground stability have been addressed. Considerations will include:  the proximity of sensitive receptors, including impacts on surrounding land uses, and protected species,  how residual and/or mineral wastes will be managed,  the extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening,  the use of appropriate and well maintained and managed equipment,  phasing and duration of working,  progressive restoration,  hours of operations,  appropriate routes and volumes of traffic, and  other mitigation measures.

Policy DC 3 - Cumulative Environmental Impacts Cumulative impacts of minerals and waste development proposals will be assessed in the light of other land-uses in the area. Considerations will include: a. impacts on local communities, b. all environmental aspects including habitats and species, landscape character, cultural heritage, air quality, ground and surface water resources and quality, agricultural resources and flood risk, c. the impact of processing and other plant, d. the type, size and numbers of vehicles generated, from site preparation to final restoration and potential impacts on the highway network, safety and the environment, e. impacts on the wider economy and regeneration, f. impacts on local amenity, community health and recreation facilities and opportunities.

Policy DC 6 - Criteria for Non-Energy Minerals Development Proposals for non- energy minerals development inside the identified Preferred Areas will be permitted if they do not conflict with other policies in this plan. Proposals for non- energy minerals development outside the Preferred Areas will only be permitted if: a. the landbank of reserves with planning permission is below the required level, and there is a need for the proposal to meet the levels of supply identified in the Core Strategy, and b. they do not conflict with other policies in this plan and to any relevant locational or site specific policies, and c. where relevant, there are adequate safeguards for land stability.

Favourable consideration may also be given to proposals that can be demonstrated to be more sustainable than any available alternative, including:  borrow pits to meet a specific demand not easily met from elsewhere,  building stone quarries to meet the need for stone to match local vernacular building, and the conservation and repair of historic buildings.  areas already subject to minerals extraction where the additional working will enable comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or a better restoration of the area.

Policy DC 10 - Biodiversity and Geodiversity Proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy, will be required to identify their likely impacts on, and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets, and to functional ecological and green infrastructure networks. Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that: a. the need for, and benefits of, the development and the reasons for locating the development in its proposed location and that alternatives have been considered. b. appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features, or c. where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured, and d. that all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria.

Policy DC 16 - Afteruse and Restoration Proposals for minerals extraction, or for temporary waste facilities such as landfill, should be accompanied by detailed proposals for restoration including proposals for appropriate afteruse, financial provision and long term management where necessary. Restoration and enhancement measures should maximise their contributions to national, regional and local biodiversity objectives and targets. In all cases restoration schemes must demonstrate that the land is stable and that the risk of future collapse of any mineworkings has been minimised. After-uses that enhance biodiversity and the environment, conserve soil resources, conserve and enhance the historic environment, increase public access, minimise the impacts of global warming, and are appropriate for the landscape character of the area will be encouraged. These could include: nature conservation, agriculture, leisure and recreation, and woodland, Where sites accord with other policies, an alternative or mixed afteruse that would support long term management, farm diversification, renewable energy schemes, tourism, or employment land may be acceptable. All proposals must demonstrate that:

a. for agricultural, forestry and amenity afteruses there is an aftercare management programme of at least 5 years, but longer where required to ensure that the restoration scheme is established, b. the restoration is appropriate for the landscape character and wildlife interest of the area, and measures to protect, restore and enhance biodiversity and geodiversity conservation features are practical, of a high quality appropriate to the area and secure their long term safeguarding and maintenance, c. restoration will be completed within a reasonable timescale and is progressive as far as practicable, d. provision for the likely financial and material budgets for the agreed restoration, aftercare and afteruse will be made during the operational life of the site. e. restoration will be undertaken using industry best practice. Peat workings should be restored to peat regeneration wherever possible.

3 The National Planning Policy Framework (published March 2012) is also a material consideration, and has been taken into account in this report with reference to:

Paragraph 14: At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. … For decision-taking this means: ● approving development proposals that accord with the development plan without delay; and ● where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: – any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or – specific policies in this Framework indicate development should be restricted.

Paragraphs 18 & 19: The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future. The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system.

Paragraph 118: When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles: ● if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; ● proposed development on land within or outside a Site of Special Scientific Interest (SSSI) likely to have an adverse effect on a SSSI (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this

site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest; ● development proposals where the primary objective is to conserve or enhance biodiversity should be permitted; ● opportunities to incorporate biodiversity in and around developments should be encouraged; ● planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss; and ● the following wildlife sites should be given the same protection as European sites:  potential Special Protection Areas & possible Special Areas of Conservation;  listed or proposed Ramsar sites; and  sites identified, or required, as compensatory measures for adverse effects on European sites, potential Special Protection Areas, possible Special Areas of Conservation, and listed or proposed Ramsar sites. Paragraph 123: Planning policies and decisions should aim to: ● avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development; ● mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions; Paragraph 142: Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long- term conservation. Paragraph 144: When determining planning applications, local planning authorities should:  give great weight to the benefits of the mineral extraction, including to the economy;  as far as is practical, provide for the maintenance of landbanks of non-energy minerals from outside National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage sites, Scheduled Monuments and Conservation Areas;  ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality;  ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source, and establish appropriate noise limits for extraction in proximity to noise sensitive properties; …  provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional circumstances; …

4 The online National Planning Practice Guidance (NPPG) suite was launched on 6 March 2014 and is also a material consideration in the determination of planning

applications. Relevant sections of this regarding minerals development and the particular planning considerations that relate to these (set out in paragraphs 019 to 033 which provide guidance on assessing the environmental impacts from mineral extraction) have also been taken into account.

5 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 5/15/9005 Development Control and Regulation Committee – 26 August 2015 Proposed Conditions Time limit 1. This permission shall be for a limited period only, with the extraction of minerals ceasing by 31 March 2025 and restoration in accordance with the approved scheme being completed by 31 March 2026. Reason: To secure the proper restoration of this extraction area following the approved period for this temporary development in accordance with Policy DC 16 of the Cumbria Minerals and Waste Development Framework (CMWDF).

Approved Documents 2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Section 73 Planning Application Form – dated 25 March 2015. b. The submitted Supporting Statement - dated March 2015 c. The letters of application relating to planning permission 5/05/9013 from Tarmac - dated 22 December 2005 and 26 January 2006 –approved on 4 May 2006. d. the planning application form dated 10 November 1997 and the supporting statement (and the appendices therein) relating to planning permission 5/97/9017, approved on 1 May 1998; e. Blast Monitoring Scheme – dated 8 April 1997 f. Groundwater Management Plan – dated January g. Noise Monitoring Scheme – dated 26 May 1998 h. Dust Control Measures to be employed – Rev.1 – dated January 2010 (Within Appendix 4.1 of the EIA to the 2010 ROMP) i. Outline Great Crested Newt Mitigation Strategy-Rev.A -dated 14 August 2015 j. Plans/drawings named and numbered: i) Figure 2 – Site Plan – dated July 2015 ii) Proposed Area of Increased Excavation Depth – Drawing No. Plan ST/D/2 iii) Updated Blast Monitoring Locations - Rev.A – dated July 2015 iv)Noise Monitoring Locations – Figure 3.1 - Drawing No. S140/43 - dated December 2009 v) Dust Monitoring Locations – Figure 4.1 - Drawing No. S140/44 - dated December 2009 vi) Ecological Mitigation Plan – Figure 10.5 – Drawn November 2009 vii) Restoration Plan – Figure 2.8 - Drawing No. CS39336/ENV/2.8/Rev/1 - dated January 2010 viii) Cross Sections - Drawing No. S140/34 – dated July 2009 k. The scheme approved in relation to condition 4 of this permission. l. This Decision Notice Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3. A copy of the approved scheme shall always be available on site for inspection during normal working hours until the completion of the development. The existence and content of the documents shall be made known to all operatives likely to be affected by matters covered by them. Reason: To ensure that those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.

Ecological Constraints on Mineral Working 4. No working of mineral in the application area shall take place until a Detailed Great Crested Newt Mitigation Scheme that is in accordance with the Outline Great Crested Newt Mitigation Strategy - Rev.A - dated 14 August 2015 has been submitted to and approved in writing by the Local Planning Authority and subsequently implemented in full. The scheme shall include: a. Details of a recent population class size survey; b. Detailed plans of the compensatory mitigatory receptor habitat site; c. Details/calculations confirming that the mitigation habitat is quantitatively and qualitatively sufficient to support the translocated populations; d. The methodology and timetable for the programme of trapping and translocation; e. Provision to notify the Local Planning Authority of: i) The completion of the programme of translocation; ii) The intended date that mineral working in the application area will resume; f. Commitment to the undertaking of at least two years of post-translocation monitoring of the Great Crested Newt Population at the receptor habitat and a list of potential further interventions that will be implemented if these reveal a notable decline in population numbers. Reason: To ensure that no operations take place that would cause harm to Great Crested Newts (or other amphibian species on site) in accordance with Policies CS4 and DC10 of the CMWDF and European legislation and the Wildlife & Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulation 2010.

5. No working of mineral from the quarry faces identified as having bat roosting potential on the Ecological Mitigation Plan (Figure 10.5 – Drawn November 2009) shall take place between 15 November – 15 April in any year. Reason: To ensure that no operations take place that would cause harm to roosting bats in accordance with Policy DC10 of the CMWDF and the Wildlife & Countryside Act 1981 (as amended).

6. No working of mineral from the quarry faces identified as having nesting birds on the Ecological Mitigation Plan (Figure 10.5 – Drawn November 2009) shall take place between 1 March – 15 July in any year. Reason: To ensure that no operations take place that would cause harm to nesting birds in accordance with Policy DC10 of the CMWDF and the Wildlife & Countryside Act 1981 (as amended).

Hours of Working 7. No operations, including the winning and working of minerals, the loading, unloading or transportation of minerals or mineral products, shall take place on site outside the hours: 07.00 to 19.00 hours Mondays to Fridays 07.00 to 13.00 hours on Saturdays. No operations of quarry plant or loading or transportation of minerals, shall take place on Sundays or on Bank or Public Holidays. However this condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site. Reason: To ensure that no operations hereby permitted take place outside normal working hours so as to prevent any adverse impact arising on any sensitive property in accordance with Policies DC2 and DC3 of the CMWDF.

8. Notwithstanding the requirements of Condition 7 above, no replacement or storage of soils or overburden shall take place on any part of the site within 400 metres of an occupied dwelling before 0800 hours on Mondays to Saturdays inclusive. Reason: To prevent any adverse impact on any sensitive residential properties in accordance with Policies DC2 and DC3 of the CMWDF.

Management of Traffic 9. The total number of laden heavy goods vehicles leaving the site shall not exceed 200 on any weekday and 100 on Saturdays. A record of all laden heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record shall be afforded to the Local Planning Authority on request. Reason: In the interests of highway safety and to minimise the potential for adverse environmental impacts arising from traffic in accordance with Policy DC1 of the CMWDF.

Access Roads 10. The access road approved under planning permission reference 5/98/9009 shall be the sole means of access or egress to the site for all heavy goods vehicles. Reason: To prevent any potential adverse impact on the highway or residential amenity in accordance with Policies DC1 and DC2 of the CMDWF.

11. The access roads to the site shall be kept clean and maintained in a good standard of repair for the life of the operations hereby permitted. Reason: To ensure that no material from the access road is carried on to the public highway in the interests of highway safety and in accordance with Policy DC1 of the CMDWF.

12. All Heavy Goods Vehicles leaving the site shall use the wheelwash except when this is not operational due to breakdown or when icy; in which case efficient measures shall be employed to ensure that no mud, water or other material from the site is deposited or flows onto the public highway. Reason: In the interests of highway safety in accordance with Policy DC1 of the CMWDF.

Management of Dust 13. No laden vehicles used to transport mineral from the site onto the public highway shall be permitted to enter the public highway unless the loads are sheeted. Reason: To prevent the deposition of any material on the public highway and the potential for dust emissions in accordance with Policies DC1 and DC2 of the CMWDF.

14. No drilling equipment shall be operated on the site unless fitted with effective dust suppression equipment which shall be maintained in accordance with the manufacturers and/or suppliers instructions. Reason: To minimise the potential for there to be an unacceptable impact arising from operation of drilling in accordance with Policy DC2 of the CMWDF.

15. The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather shall spray the access road, haul roads, working areas, plant area and stockpiling areas with water to satisfactorily suppress dust in order that it does not constitute a nuisance outside the site. Reason: To prevent any adverse impact from dust in accordance with policy DC2 of the CMWDF.

16. If despite the use of any dust suppression measures there are any emissions of visible airborne dust outside of the site boundary the operations that cause such emissions shall cease until such time as conditions change and dust suppression measures become effective. Pursuant to this requirement and that of any foregoing Conditions with this permission, the operator shall provide, implement operate and maintain such dust suppression measures as may be required by the Local Planning Authority, as a part of any dust suppression operations considered to be necessary at the quarry. Reason: To minimise the potential for any adverse impact from emissions in accordance with Policy DC2 of the CMWDF.

Management of Ground Vibration and Control of blasting 17. Except in the case of emergency, such instances to be notified to the Local Planning Authority, blasting shall not take place on site outside the following hours:- 10.00 to 16.00 Mondays to Fridays 10.00 to 12.00 on Saturdays There shall be no blasting on Saturday afternoons, Sundays, Bank, Public or National Holidays.

Reason: To restrict the frequency and timing of blasting so that it will cause least inconvenience and disturbance to people living and working in the locality in accordance with Policy DC2 of the CMWDF.

18. Ground vibration as a result of blasting operations shall not exceed a peak particle velocity of 6mm per second in 95% of all blasts measured over any period of 6 months and no individual blast shall exceed a peak particle velocity of 9mm per second as measured at vibration sensitive buildings; The measurement to be the maximum of three mutually perpendicular directions taken at the ground surface. Reason: To prevent any adverse impact from blasting in accordance with Policy DC2 of the CMWDF.

19. All blasts shall be monitored in accordance with the approved Blast Monitoring Scheme (dated 8th April 1997) for the life of this permission. For the purposes of this condition, a vibration sensitive property shall be defined as any building or structure existing outside the site boundary on 28 May 1993 where the occupants of such buildings or the integrity of such buildings or structures, are likely to be adversely affected by an increase in vibration levels Reason: To ensure compliance with the limitations on blast levels in accordance with Policy DC2 of the CMWDF.

20. No secondary blasting shall be carried out. Reason: To prohibit secondary blasting of blasted rock in the interests of local amenity and safe working practices in accordance with Policy DC2 of the CMWDF.

Management of Noise 21. All vehicles, plant and machinery operated within the site, including any hired or contracted on a short-term basis, shall be used and maintained at all times in accordance with the manufacturer’s specification and fitted with silencers. Reason: To minimise the potential for there to be any adverse impact from noise in accordance with Policy DC2 of the CMWDF.

22. The equivalent continuous noise levels attributable to the approved operations and as measured at any noise sensitive property between the hours of: 0700 and 1900 on Monday to Friday and 0700 to 1300 on Saturdays, shall not exceed 53dB(LAeq 1hour free field) at Highfield and 55dB(LAeq 1 hour free field) at any other noise measuring point. Outside these specified hours, the maximum noise level attributable to any operations on site shall not exceed 42dB(LAeq 1hour free field). Reason: To minimise the potential for there to be any adverse impact from noise in accordance with policy DC2 of the CMWDF.

23. Noise monitoring shall be carried out in accordance with the Noise Monitoring Scheme, dated 26th May 1998, for the life of this permission and the results provided to the Local Planning Authority within 2 weeks of a written request.

Reason: To enable monitoring of compliance with the noise limits specified in the foregoing conditions in accordance with Policy DC2 of the CMWDF.

24. Reversing alarms fitted to any vehicle under the site operator’s control, including any hired or contracted on a short term basis, shall only be of white noise type. Reason: To safeguard the amenity of local residents by ensuring that the noise generated is minimised and does not cause a nuisnace outside the boundaries of the site, in accordance with Policy DC 2 of the CMWDF.

Artifical lighting 25. All artificial lighting equipment shall be so sited, designed and directed as to illuminate only what is necessary for the safe and efficient operation of the quarry and associated works. No lights shall be so positioned or directed as to illuminate land outside the site boundary. Reason: To safeguard the amenity of local residents in accordance with Policy DC 2 of the CMWDF Generic Development Control Policies.

Groundwater Management Plan 26. Groundwater monitoring and protection shall be carried out in accordance with the Groundwater Management Plan – dated January 2011 and the results of such monitoring provided to the Local Planning Authority on 31 January every year. Reason: To ensure compliance with the approved scheme in the interest of prevention of any incident of ground or water pollution in accordance with Policy DC14 of the CMWDF.

Safeguarding of Groundwater, Watercourses and Drainage 27. Throughout the period of working and restoration, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved operations. Reason: To prevent any incident of ground or water pollution in accordance with Policies DC3 and DC14 of the CMWDF.

28. Any fixed facilities for the storage of oils, chemicals and fuels shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall 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 site 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 shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall discharge downwards into the bund. Reason: To prevent any incident of ground or water pollution in accordance with Policies DC3 and DC14 of the CMWDF.

Maintenance and Replacement of Hedges, Fences and Walls 29. All the existing hedges, fences and walls, including gates on the site boundary shall be made stock-proof, maintained and any damage repaired throughout the period of operations until the restoration and aftercare of the site has been completed. Undisturbed perimeter hedgerows shall be maintained, cut and trimmed at the proper season throughout the period of working and restoration of the site, unless otherwise agreed by the Local Planning Authority. Reason: To protect these features from damage and secure their maintenance in accordance with policies DC2 and DC12 of the CMWDF.

Soil Handling 30. The replacement, storage and use of soils and overburden shall be restricted to occasions when the soil is in a suitable dry and friable condition and the ground is sufficiently dry to allow passage of heavy vehicles and machinery over it without difficulty. All soil stripping and replacement shall only be carried out in accordance with the methods set out in Sheets 3, 4, 15, 16, 17, 18, 19 of the MAFF (2000), Good Practice Guide for Handling Soils (version 04/00). FRCA, Cambridge. Reason: To safeguard the soils and overburden for use in restoration of the site in accordance with Policy DC15 of the CMWDF.

Restoration 31. The site shall be fully restored to the approved landform and made suitable for the nature conservation afteruses set out in the approved restoration plan and sections specified in the approved documents. Once fully restored, the restored extent of the deep extension area shall be fenced off so as to prevent it being impacted by ongoing operations in the remainder of the Quarry site. Reason: To secure the restoration of the site in accordance with Policy DC16 of the CMWDF.

Aftercare Scheme 32. Once fully restored the deep extension part of the quarry shall be subject to the requirements of an aftercare scheme under the provisions of Section 72 (5) of the Town and Country Planning Act 1990. Within ten years of the date of this decision, a detailed Aftercare Scheme shall be submitted to the Local Planning Authority for approval in writing. The Aftercare scheme shall include details of: a. Shrub/tree species mix, seed mix, speciment replacement and oversowing criteria, frequency of inspection and maintenance, and weed and pest management measures; b. Details of drainage and water management; c. Provision for the annual reporting of all aftercare activities undertaken to date and proposed actions for the following 12 months; d. Provision for an annual formal review, under s72(5) of the Town and Country Planning Act 1990, to consider the operations which have taken place on each restored phase and to agree a programme of management for the coming year which shall be adhered to by the mineral operator. The parties

invited to attend this review shall include the operator, Local Planning Authority and owners and occupiers of the land. For the avoidance of doubt, year 1 of the aftercare period shall commence the calendar year following that in which all restoration works relating to the deepening area have been completed; no partially completed area will be considered to be in formal aftercare. Once approved the aftercare scheme shall be implemented in full. Reason: To secure the aftercare of the restored site in accordance with Policy DC16 of the CMWDF.