EEC/10/218/HQ Development Management Committee 24 November 2010

County Matter: Minerals District: Revised Working Scheme and Restoration Proposals pursuant to the Review of Old Mineral Permissions (ROMPs) for Newbridge Clay Works and Twinyeo, Bovey Basin Mineral Working Area, . Applicant: Imerys Minerals Ltd Application No: 08/0316/DCC Date of Application 22 September 2009

Report of the Executive Director of Environment, Economy and Culture

Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that: (a) the Schedule of Conditions amended by the County Council (as set out in Appendix II to this Report) be approved; (b) the Applicant be advised that the County Council considers that the amended conditions are not such as to prejudice adversely to an unreasonable degree the economic viability of operating the site or the site’s asset value.

1. Summary

1.1 This report relates to the submission of a revised scheme of working and restoration at the Newbridge and Twinyeo mineral sites.

1.2 With Review of Old Mineral Permission (ROMP) applications such as these the principle of the development is established as a planning consent already exists. Given this the material considerations in the determination of this application relate to the consideration of the operating and restoration conditions which are set out in Appendix II to this Report.

2. Background/Proposal

2.1 The Newbridge and Twinyeo sites form part of the Bovey Basin complex of ball clay working sites. The sites are adjacent to each other, located in the northern part of the Bovey Basin area, about 1km to the south of Knighton, and 1.3km to the east of Heathfield village. The sites are bounded by the A38 to the northwest, the C90 county highway to the northeast, the to the east, and the to the south.

2.2 In respect of the ROMP process, the size and complexity of the ball clay workings that make up the Bovey Basin Mineral Site made it necessary to carry out the ROMP in two stages. The mineral planning authority (MPA) approved a set of general planning conditions in 1999 which related to all of the old mineral consents within the Bovey Basin Mineral Site, known as the Bovey Basin Overarching ROMP. Amongst other things, the Overarching ROMP required that the site operators submit site specific schemes of conditions for each of the individual working areas in accordance with an agreed schedule of applications.

2.3 The scheme of working and restoration conditions for Newbridge Mineral Site was considered by the former Development Control Committee under report ED/03/260/HQ at its meeting on 15 October 2003. At this time the Newbridge site consisted of a number of operational elements, namely: Newbridge Pit (34.7ha); Newbridge Tip (29.8ha); and the Newbridge settlement Lagoon (5.8ha).

2.4 The current application site excludes the tip and the settlement lagoon, but includes the Twinyeo site (which is an area of un-worked land adjoining the existing Newbridge Pit). The Tip is excluded from the application as its restoration was completed in 2003. The Settlement Lagoon is no longer in the Applicant company’s control, it being part of a land swap deal with Sibelco (the other ball clay quarry company in the Bovey Basin Area) for the part of the Twinyeo site which forms part of this application.

2.5 The Twinyeo site is identified in the Bovey Basin Overarching ROMP as a Long Term Working Area. Within such areas, there is a valid planning permission but mineral working is not allowed to commence until a scheme of operating and restoration conditions had been agreed by the MPA.

2.6 The current proposal seeks the extension of the Newbridge Pit into the Twinyeo area. This would result in a larger quarry void, and thereby bringing about a significant change to the previously agreed final restoration of the site. If permitted, the new ROMP will provide for operation and restoration conditions for the enlarged quarry.

2.7 The application is supported by an Environmental Statement providing information on the proposed scheme of working, landscape restoration, visual assessment, ecology, hydrology, archaeology, effects on human activity and control of operation effects. As required by the Environment Act, the application provides a schedule of proposed planning conditions.

2.8 The application provides information for a 20 year phased working with approximately 250,000 cubic metres of material being excavated per year. Topsoil from the stripping operations would be stockpiled used in the restoration of the site, whilst the mineral waste would be used to backfill and re-grade the pit.

2.9 The Applicant proposes a number of mitigation measures to be carried out during the operation of the site. These include creation of new grassland area, new areas of scrub, new planting, reinforcement of existing hedgerows, enhancement of existing woodland, and enhancement of existing river habitat.

2.10 The final restoration of the site involves the flooding of the pit to create a new lake feature, with marginal aquatic areas together with the provision of an island and a peninsular, which would provide additional grassland areas.

2.11 The design of the lake sets the final water levels which allow for it to be used for the purpose of flood alleviation for downstream locations.

3. Consultations

3.1 Following the initial consultation exercise, a further consultation was carried out on revised information submitted in relation to the ecological impacts.

3.2 Teignbridge District Council – no objection subject to suitable nature conservation measures being put in place.

No response received on the consultation on the revised application.

3.2 Natural – comments that the hedges at the south of the site are important commuting routes for bats, including Greater Horseshoe Bats from the Chudleigh Caves and Woods SSSI. It requests that a planning condition be imposed requiring that the removal of hedgerows known to used for commuting bats is undertaken only after replacement, alternative hedges have been created. Such hedges need to be sufficient to provide alternative flight paths for bats around the quarry.

No response received on the consultation on the revised details.

3.3 Hennock Paris Council – no comment received on either initial consultation or on the revised details.

3.4 Parish Council – no comment received on either initial consultation or on the revised details.

3.5 Parish Council – no comment received on either initial consultation or on the revised details.

3.6 Health and Safety Executive - no comment received on either initial consultation or on the revised details.

3.7 Environment Agency - in response to the initial consultation, the Agency commented that from a biodiversity aspect the shape of the lake is not ideal and it suggests that a scalloped shore line would be more appropriate with a series of ephemeral pools with floating islands and reed bed planting. It also recommends that there is a good opportunity to create habitat for sand martins, and it supports the creation of wet grassland.

No comments were received on the revised details nature conservation details.

In terms of flood alleviation the Agency has agreed the principle of the restoration, but considers that specific final details still need to be agreed. The Applicant has produced a further Hydrological Assessment which is with the Environment Agency for comment.

4. Advertisement/Representations

4.1 The application has been advertised in accordance with the statutory procedures and no letters of representation were received.

5. Planning Policy Considerations

5.1 The principle of quarrying at Newbridge is established and quarrying has taken place has taken place since the 1960’s, with the site specific ROMP for the site approved in 2003. The Twinyeo site has the benefit of a planning permission also granted in the 1960’s and is subject of the overarching ROMP granted in 1999. The purpose of the ROMP procedure is to mitigate the impact of quarrying and to achieve appropriate restoration and aftercare of the mineral site. In this context appropriate regard should be given to the approved Development Plan, emerging policy and other material considerations. The Development Plan Policies relevant to this case are summarised in Appendix III to this report and the most relevant are referred to in more detail in Section 6 (Comment).

6. Comment/Issues

6.1 Following negotiations with the mineral operator and submission and consideration of additional details, the schedule of conditions at Appendix II has been agreed at officer level with the mineral operator. The issues which are viewed to be of particular importance in the consideration of this application are: the impacts of quarrying operations upon the amenity of the locality; impacts on nature conservation interests; hydrological implications during the mineral extraction operations at the site; the interests on archaeological interests during soil stripping operations; and, the principle of the restoration and after use of the site.

Impacts on the amenity of the locality

6.2 The quarrying and mineral processing operations have operated under the conditions set out in the 2003 ROMP without complaint. The submitted operating conditions reiterate the existing controls in terms of noise limits, dust control, drainage, and traffic control measures. The Applicant does not anticipate any increase in the level of quarrying operations and the extension into the Twinyeo area does not move operations closer any sensitive receptor. It is considered that the conditions are appropriate to ensure the protection of the amenity of locality.

Impacts on nature conservation interests

6.3 The site falls with the sustenance zone for Special Area of Conservation (SAC) notified for its Greater Horseshoe Bat. The Ecology and Wildlife Impact Assessment identifies that very small numbers of Greater Horseshoes (largely individuals) use the remaining hedges on site as flight lines. Whilst the proposal will remove hedges the mitigation and compensation proposed and given the small numbers of bats using the site it is concluded that there would be no significant effect on the SAC. There is a requirement to ensure that mitigation proposals with respect to bat flight lines are carried out as soon as possible and prior to removal of further hedges. This is secured by the planning condition requiring the submission and approval of a detailed management plan.

6.4 The application concludes that due to the removal of hedgerows there will be an impact on dormice. In determining this application the MPA is required to consider the three Habitats Directive tests. In this case there is an existing planning permission, there is no reasonable alternative and given the international importance of the mineral there is considered to be an overriding public interest. In terms of impacts on favourable conservation status of dormice there will be a moderate adverse impact at the local level. It will however be possible to put mitigation and compensation measures in place to ensure that there is not an impact on the favourable conservation status of dormice. This is also secured by the planning condition requiring the submission and approval of a detailed management plan.

Hydrological implications

6.5 The mineral site is situated between the River Teign and the River Bovey and the quarry area was formerly floodplain. Within the mineral site, existing hydrological control is provided by a series of settlement lagoons which are currently located in the Twinyeo area and as the quarry operations progress these would be relocated within the quarry void. As part of two 1997 planning permissions, the operator developed additional flood plain areas within the area and conditions attached to this permission would require the maintenance of these areas for flood defence areas.

6.6 Following the cessation of working, the restoration scheme will allow the formation of a lake which will act as an extension to the River Teign and River Bovey floodplains at times of higher flows and by providing flood water storage will help to attenuate flood peaks. This would offer flood protection for the and Kingsteignton areas. The principle of this is supported by the Environment Agency but the details of control mechanisms have yet to be agreed. Given the fact that the scheme will not be implemented until the cessation of quarrying in twenty years time (during which time there will be a further review of the mineral consent) the detailed final time design will be reviewed in light of additional flow records that will become available as time passes.

Archaeological considerations

6.7 Members will recall that as part of their Annual Tour a visit to the Twinyeo site was undertaken. They viewed the area that had been stripped of topsoil and the archaeological investigations that had been undertaken. These works were part of an agreed written scheme of investigation and similar works would be undertaken for the soils stripping parts of the rest of the site. The requirement for the archaeological works to continue would be secured by planning condition.

Restoration and after use of the site

6.8 The restoration of the site will meet the twin aims of support for nature conservation interests, and will act as flood defence for the Newton Abbot and Kingsteignton areas.

6.9 During the life of the operations ecological mitigation will continue within the areas owned by the quarry company and includes the retention of exiting habitat features, creation of new habitat features such as hedge banks, trees, scrub and grassland and inclusion of additional features such as nest boxes.

6.10 The restoration of the quarry void will result in new wildlife habitat in creation of the lake, creation of marginal aquatic habitat, a new island feature and peninsula outcrop to provide new grassland areas.

7. Reasons for Recommendation/Alternatives Considered

7.1 It is considered that the working and operating conditions would appropriately mitigate the adverse impacts of the mineral working upon the amenity of the area. The proposed ongoing nature conservation mitigation measures will result in adequate protection of existing nature conservation interests. With the ongoing improvements and the benefits of the final restoration of the quarry there will be a positive gain for nature conversation interests. The design of the restoration scheme will also result in significant benefits in terms of flood defence for down stream areas.

7.2 Taking the above into account it is considered that the schedule of working, operating and restoration conditions as set out in Appendix II is approved

Stewart Redding County Development Officer

Electoral Divisions: Kingsteignton; Chudleigh Rural

Local Government Act 1972: List of Background Papers

Contact for enquiries: Mike Deaton

Room No. ABG Lucombe House

Tel No: (01392) 382130

Background Paper Date File Ref

1. Application File Present 08/0316/DCC

md081119dma sc/newbridge-twinyeo 2 hq 171110

Appendix I To Report EEC/218/HQ

Development Plan Policies

Devon Structure Plan (Adopted 2004 ): Policies ST1 (Sustainable Development), CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protection of Water Resources and Flood Defence); CO15 (Air Quality); CO16 (Noise Pollution); MN2 (Environmental Effects of Mineral Working); MN4 (Mineral Working Areas) and TR10 (Strategic Road Network).

Devon County Minerals Local Plan (June 2004) : Policies MP1 (International Sites) MP3 (SSSI’s and National Nature Reserves); MP10 (Maintenance of the County’s Nature Conservation Resource); MP29 (Mineral Working Areas for Ball Clay); MP41 (Development Control Considerations); MP43 (Transport of Minerals); MP45 (Water Resource Protection); MP47 (Flood Risk and Floodplains); MP 48 (Disposal of Mineral Waste); MP55 (Non- operational Land and Features) and MP56 (Restoration). Appendix II To Report EEC/218/HQ

Extent and Nature of the Development

1. The development to which this permission relates shall comprise the winning and working of ball clays, lignites, sands, gravels and allied minerals, the deposit of mineral wastes and operations ancillary to mining or as otherwise specified in the original permissions

REASON: To define the nature and extent of the permission

2. Extraction of minerals shall cease on or before the 21 st February 2042. Progressive restoration, landscaping and aftercare works shall be undertaken throughout the period of permission as and when quarrying and mineral waste disposal operations permit and the site shall be completely restored by 21 st February 2044 unless as may otherwise have been agreed in writing by the Mineral Planning Authority.

REASON: To comply with Schedule 5 of the Town and Country Planning Act 1990.

Working Programme

3. Unless otherwise agreed in writing with the Mineral Planning Authority, and as may be otherwise required by the planning conditions below, the development shall be carried out in accordance with the following documents and drawings.

Revised Working Scheme and Restoration Proposals for Newbridge Ball Clay Works and Twinyeo– August 2008 Ecological and Wildlife Impact Assessment February 2010 Hydrological Assessment – Final Report April 2010

Drawing Numbers: NB44/01

REASON: To ensure that the development is carried out in accordance with the approved plans and documents.

Hours of Operation

4. Except in emergencies or in other circumstances, which have previously been notified to and approved by the Mineral Planning Authority:

No winning and working of minerals or associated activities within the Mineral Site shall be carried out other than between the hours of:

07.00 and 19.00 Mondays to Fridays inclusive, and 07.00 and 17.00 Saturdays

In respect of the loading and unloading of the minerals from and onto lorries within the site, plant and clay storage buildings, and vehicular movements to and from the site, the hours of operation shall additionally be extended to:

06.00 and 22.00 Mondays to Fridays inclusive, and 07.00 and 18.00 Saturdays

No operations shall take place on Sundays or on Public Holidays.

In each case the operating hours specified above shall be adhered to unless previously agreed in writing by the Mineral Planning Authority. This Condition shall not, however, operate so as to prevent the carrying out, outside these working hours of essential maintenance to plant and machinery within the mineral site or the operation of pumps and ancillary machinery for water management purposes pit inspections and environmental monitoring.

REASON: In order to protect the amenity of the locality.

Control of Mud and Dust on Roads

5. Unless otherwise agreed in writing by the Mineral Planning Authority the existing wheel cleaning facilities shall be maintained and used as appropriate by all vehicles leaving the site carrying or hauling mineral.

REASON: In the interests of highway safety.

6. The measures approved by the Mineral Planning Authority, on 18 th October 2004, within the document titled “Environmental Scheme to Identify, Control and Monitor the Impacts of Noise and Dust from Mineral Extraction and Associated processing Activities at Imerys Minerals Ltd Newbridge Works”, shall apply for the duration of the development proposed within the Revised Working Scheme and Restoration Proposals for Newbridge Ball Clay Works and Twinyeo– August 2008.

REASON: In order to protect the amenity of the locality.

Sheeting of Lorries

7. All heavy commercial vehicles leaving the Newbridge site, except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before entering the public highway unless otherwise agreed in writing by the Mineral Planning Authority.

This Condition shall not apply to vehicles travelling between one part of the Mineral Site and another within the Bovey Basin Mineral Site.

REASON: In the interests of highway safety.

Noise

8. Unless otherwise agreed in writing by the Mineral Planning Authority levels arising from activities on the site shall not exceed 55dB Laeq (1 hour) freefield between the hours of 07.00 and 19.00 hours (daytime) Mondays to Saturdays as measured or calculated 3 metres from the facade of any occupied residential property in the vicinity of the area or 45dB Laeq (15 minutes) freefield at any other time.

The Mineral Planning Authority shall be notified by the operator, of any complaints that excessive noise has emanated from any part of the site. The operator shall investigate the reasons for the complaint and shall if practicable and required by the Mineral Planning Authority measure the noise levels at the affected properties or locations. The results of the investigations shall be notified to the Mineral Planning Authority. In the event that the noise levels exceed those permitted, the Mineral Planning Authority shall be notified and the operator shall ensure that subsequent operations are carried out within permitted noise limits.

REASON: In order to protect the amenity of the locality.

9. The noise limits set out in Condition 8 shall not apply during the stripping of soils and overburden on the site, the construction of storage mounds for these materials and their re-spreading during restoration of the site or the construction of landscaping or baffle mounds.

REASON: To allow for a limited relaxation of noise conditions during temporary operations

Silencing of Plant

10. All plant, equipment and other machinery used in connection with the operations and maintenance of the site shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in accordance with that specification at all times throughout the development.

REASON: In order to protect the amenity of the locality.

Safeguarding of Watercourses and Drainage

11. Any oil, fuel or lubricant shall be stored in suitable tanks and containers. Any fixed tanks or containers, other than double skinned tanks, storing such materials, shall be surrounded by bund walling of sufficient height or construction so as to contain 110% of the contents of the largest of such tanks or containers; or any series of connected tanks or containers and shall be fitted with valves to isolate any associated pipe work. The floors and walls of the bunded area shall be impervious to both water and oil and vent pipes shall be directed downwards into the bunded area. The facility shall be maintained in good order so that no significant amounts of fluids lie within the bunded area. All fluids removed from the bunded area shall be disposed of using best practicable means so as to minimise the risk of pollution.

REASON: In the interests of pollution control and in order to minimise impacts on local water courses.

12. All surface runoff from excavations, haul roads or areas prepared for extraction or back filling shall be intercepted by perimeter ditches and / or contained in settlement lagoons before discharge to any watercourse.

REASON: In the interests of pollution control and in order to minimise impacts on local water courses.

Soils and Soil Handling

13. All available topsoil and subsoil shall be stripped from any part of the site before that part of the site is excavated or is traversed by heavy vehicles, plant or machinery, or roads, buildings, plant yards or stores are constructed on it. REASON: To ensure that the maximum quantity of soils are available for the restoration of the site.

14. All stripped topsoil and subsoil shall be stored within the site at locations which shall be agreed in writing by the Mineral Planning Authority. Topsoil and subsoil shall be stored and maintained in accordance with a detailed scheme that shall be submitted to and agreed in writing by the Mineral Planning Authority within three months of the date of this decision notice. REASON: To ensure that the maximum quantity of soils are available for the restoration of the site.

15. Unless otherwise agreed in writing by the Mineral Planning Authority, the stripping, movement and re-spreading of topsoil and subsoils shall be restricted to occasions when the soil is dry and friable and the ground is sufficiently dry to allow the passage of heavy vehicles, plant and machinery over it without damage to the soils. REASON: To ensure that the maximum quantity of soils are available for the restoration of the site.

16. No topsoil shall be removed from the area of the Mineral Site without the prior written approval of the Mineral Planning Authority.

REASON: To ensure that the maximum quantity of soils are available for the restoration of the site.

17. No materials, with the exception of soils, soil making materials or translocated material to be used for restoration purposes shall be brought to the site, from outside of the Bovey Basin Mineral Site, unless otherwise agreed in writing by the Mineral Planning Authority.

REASON: To enable the Mineral Planning Authority to adequately control the restoration of the site in the interests of the amenity of the area.

Archaeology

18. No further soil stripping or hedge removal shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Mineral Planning Authority. The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Mineral Planning Authority.

REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development.

Nature Conservation, Landscaping, Restoration and Aftercare

19. No clearance of vegetation shall be permitted to take place within the operational site during the bird nesting season (1 st March to 31 st August inclusive) unless otherwise agreed in writing by the Mineral Planning Authority.

REASON: In order to protect nature conservation interests.

20. Unless otherwise agreed in writing by the Mineral Planning Authority, the landscaping, restoration and aftercare operations within the site shall be carried out progressively and in accordance with Section 7 of the Revised Working Scheme and Restoration Proposals for Newbridge Ball Clay Works and Twinyeo– July 2008, and the Ecological and Wildlife Impact Assessment February 2010

REASON: In the interests of achieving an appropriate restoration of the site.

21. The restoration and management of each ‘Zone’ within the site boundary shall be undertaken in accordance with the details contained within the Newbridge / Twinyeo Ball Clay Pits Management Strategy, February 2010.

REASON: In the interests of achieving an appropriate restoration of the site.

22. Unless otherwise agreed in writing by the Mineral Planning Authority, the mitigation measures proposed within the Ecological and Wildlife Impact Assessment February 2010 for shall be implemented in full. A detailed management plan based on the Ecological Monitoring Strategy (Appendix 13) shall be submitted to the Mineral Planning Authority for its approval in writing either within six months of the date of this permission or before the removal of any hedgerow, whichever is the sooner. The development shall be carried out in strict accordance with the approved management plan or such alternative that may be subsequently agreed in writing by the Mineral planning Authority.

REASON: In the interests of nature conservation.

23. Trees and hedgerows within the site shall be retained and shall not be felled, lopped, topped or removed unless within the current or succeeding phase of mineral working, back filling or access route, without the prior written consent of the Mineral Planning Authority. Any such vegetation that is removed without consent or which dies, becomes severely damaged or seriously diseased as a result of permitted operations shall, if necessary, in the interests of good husbandry, be replaced with trees and bushes of a similar species during the first planting season following death or removal unless otherwise agreed in writing by the Mineral Planning Authority.

REASON: In the interests of nature conservation.

24. The existing tree screen and landscaping bund adjacent to the A38 shall be retained and shall be a minimum width of 20 metres.

REASON: In the interests of the visual amenity of the area.

25. The areas of land subject to planning permission 97/2713/21/9/DCC dated 24 September 1997 and 97/2363/21/9 dated 4 th June 1997 being land developed to create additional flood plain areas shall be maintained by the operator, or successor in title, unless otherwise agreed by the Mineral Planning Authority, as additional flood plain area and shall remain in an unobstructed condition at all times. No fixed plant, buildings, mineral waste, stored product or imported material of any description shall be permitted to be placed on the additional flood plain areas other than may be agreed in writing by the Mineral Planning Authority.

REASON: In the interests of flood defence.

26. Any build up of material on the additional flood plain areas described in Condition 25, which may arise from the natural processes of riverine deposition shall be removed and the site returned to the approved levels.

REASON: In the interests of flood defence.

Removal of Buildings on Completion of Operations

27 All fixed plant, machinery and buildings associated with the winning and working of minerals and / or the deposit of mineral waste and ancillary operations shall be removed within two years of the completion of the operations authorised unless otherwise agreed in writing by the Mineral planning Authority.

REASON: In the interests of securing the final restoration of the site.

Prior Cessation of Mineral Workings

28. In the event of cessation of winning and working of minerals or back filling of mineral waste within the site, prior to the completion of the submitted scheme of working and conditions which in the opinion of the Mineral Planning Authority constitutes a permanent cessation, within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation, aftercare and a programme of implementation (including a timetable) shall be submitted to the Mineral Planning Authority within 12 months of the cessation of operations.

REASON: To ensure the restoration of the site in the event of the cessation of mineral working.

29 In the event of completion of mineral extraction, back filling of mineral waste and other associated activities at the site prior to 21st February 2042, the restoration of the site, excluding aftercare, shall be completed within 2 years of that completion, unless otherwise agreed in writing by the Mineral Planning Authority.

REASON: To ensure the restoration of the site in the event of the cessation of mineral working.