Tetron Point LP
WELBECK COLLIERY
ENVIRONMENTAL STATEMENT
Welbeck Colliery, Meden Vale, Nottinghamshire
Volume 1 - Main Text and Embedded Figures
J B Landscape Associates redacted for data protection redacted for data protection
Contents
VOLUME 1. ENVIRONMENTAL STATEMENT TEXT AND EMBEDDED FIGURES
Page No
1.0 INTRODUCTION 1
2.0 PROPOSED DEVELOPMENT 5
3.0 METHODOLOGY 10
4.0 PLANNING AND POLICY CONTEXT 14
5.0 LANDSCAPE AND VISUAL ASSESSMENT 33
6.0 ECOLOGY 48
7.0 GEOLOGY, HYDROGEOLOGY, LAND USE AND CONTAMINATED LAND 61
8.0 HYDROLOGY 73
9.0 TRANSPORT 82
10.0 CONSTRUCTION IMPACTS 93
11.0 CUMULATIVE IMPACTS 102
12.0 SUMMARY OF IMPACTS AND MITIGATION 105
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VOLUME 2. ENVIRONMENTAL STATEMENT FIGURES AND APPENDICES
FIGURES
FIGURE 1.1 SITE LOCATION PLAN
FIGURE 1.2 SITE BOUNDARY PLAN
FIGURE 1.3 PROPOSED BLOCK PLAN – RESTORATION (DRAWING NO. 2012-PL001 B)
FIGURE 2.1 COLLIERY LAYOUT IN 1994 WITH ANNOTATIONS
FIGURE 2.2 SITE FACILITIES IN 1994 WITH INDICATIVE SITE BOUNDARY
FIGURE 2.3 PERMITTED RESTORATION SCHEME
FIGURE 2.4 PROPOSED SITE INFRASTRUCTURE
FIGURE 5.1 LOCAL PLAN POLICY AREAS
FIGURE 5.2 POTENTIAL LINKS TO RECREATION NETWORKS
FIGURE 5.3 LANDSCAPE CHARACTER AREA POLICY ZONES
FIGURE 5.4 LAND USE OF SITE AND SURROUNDING AREAS
FIGURE 5.5 LOCAL LANDSCAPE FEATURES
FIGURE 5.6 LAND-USE FEATURES OF SITE AND SURROUNDING AREA
FIGURE 5.7 VISUAL ENVELOPE
FIGURE 5.8 PHOTO LOCATIONS
FIGURE 6.1 NATURE CONSERVATION DESIGNATED SITES
FIGURE 6.2 PHASE 1 HABITAT PLAN
FIGURE 7.1 LOCATIONS OF TRIAL PITS AND BOREHOLES
FIGURE 8.1 ENVIRONMENT AGENCY FLOOD MAP WITH INDICATIVE SITE BOUNDARY
FIGURE 8.2 EXISTING DRAINAGE SYSTEM WITH TARGET NOTES
FIGURE 8.3 HISTORIC FLOOD EVENTS
FIGURE 8.4 DRAINAGE PROPOSALS
FIGURE 9.1 VEHICLE ROUTING STRATEGY
FIGURE 10.1 SENSITIVE RECEPTORS PLAN
FIGURE 10.2 WIND ROSE FOR WATNALL WEATHER STATION (EMBEDDED IN TEXT)
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APPENDICES
APPENDIX 1.1 SCREENING AND SCOPING OPINIONS
APPENDIX 2.1 PLANNING PERMISSION
APPENDIX 2.2 ALTERNATIVE OPTIONS
APPENDIX 6.1 SPA MAP
APPENDIX 6.2 DESK-TOP STUDY RESPONSES
APPENDIX 6.3 INDICATIVE PLANT SPECIES LIST
APPENDIX 6.4 EXTRACT FROM SPECIES CONSERVATION HANDBOOK
APPENDIX 7.1 SITE INVESTIGATION RECORDS, LABORATORY CERTIFICATES AND CONSOLIDATED RESULTS TABLE
APPENDIX 7.2 CONSENTS TO DISCHARGE
APPENDIX 8.1 DRAINAGE CALCULATIONS
PHOTO PLATES
PLATES 1 TO 8
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1.0 INTRODUCTION
Overview
1.1 UK Coal and Tetron Point LP propose to restore the northern section of the mineral workings at Welbeck Colliery in Meden Vale, Nottinghamshire. The site is located at National Grid reference SK 576 700 and is shown on Figure 1.1.
1.2 This document is the Environmental Statement (ES) which has been prepared as part of the Environmental Impact Assessment (EIA) process and accompanies the planning application for the restoration of the northern part of the existing spoil heap. The purpose of an ES is to identify and evaluate the environmental effects that are likely to arise during construction and operation of new development. Where appropriate, it identifies any measures which can be introduced to avoid, reduce, and wherever possible, compensate for significant adverse effects on the environment (hereafter referred to as mitigation measures).
Site Description
1.3 Welbeck Colliery was until recently an active coal mine, but is now currently disused. It covers a total area of approximately 127 hectares. In accordance with the existing planning permission the southern section of the spoil heap has been restored in line with the approved levels and has been landscaped.
1.4 Following the cessation of mining operations in May 2010, it is now apparent that spoil from the colliery operations will be insufficient in quantity to complete the approved restoration scheme and, consequently, the northern part of the spoil heap remains un-restored. It is currently bare and un-landscaped. This un-restored area covers approximately 35.9 hectares and it is the area of the site required for the permanent restoration.
1.5 In addition to the northern part of the spoil heap, the site includes an area of approximately 5.4 hectares made temporarily available for construction. This includes the disused railhead and an area to the north-east of the former colliery buildings, to be used as a Soil Management Area. The total area of the site is approximately 40.3 hectares and shown on Figure 1.2.
Overview of Proposed Development
1.6 The proposals are to complete the formation of the spoil heap to a similar restoration profile, but with enhanced landscaping, ecology and recreational potential. However, to achieve this it will be necessary to import suitable material from other sources.
1.7 The formation and proposed landscaping is shown on Figure 1.3 (Drawing No. 2012-PL001 B). The construction works associated with the restoration will be restricted to the north- eastern part of the site and will include the railhead to facilitate the importation of suitable material. Once the restoration is complete, this temporarily available area will be released and utilised as part of a masterplan for economic regeneration of the colliery workings (agreed with UK Coal Ltd. and Welbeck Estates).
1.8 The proposed restoration works will include the following activities:
importation of suitable fill material via rail and road; operation of the railhead; earthworks during the restoration works using suitable plant (e.g. dozers and excavators); and temporary offices, welfare facilities and car parking for site operatives.
1.9 Access to the site will be via the A616 and/or Elkesley Road for site operatives, but all Heavy Goods Vehicles will be routed via the A616 in accordance with haulage routes that are to be agreed through consultation during the planning process. These access routes are as existing with no modifications required to the road network.
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1.10 Although the importation and restoration works will be completed as quickly as possible, the actual programme will largely be determined by adequate sources of suitable material, however it is anticipated that the formation levels and planting will be undertaken over a 3 to 5 year period.
1.11 Formation works will only occur during day time working hours to be approved by the Planning Authority. The only night time works will be restricted to train movements and unloading of material.
1.12 Enhancement measures will be incorporated into the completed scheme, which will include the following:
the retention and management of existing planting (albeit immature) and other habitats already established on the partially completed spoil heap and surrounding area; creation and management of new habitats (woodland, grassland etc.) for nature conservation and amenity value; provision of a series of footpaths with a viewing platform and picnic areas (including a circular route for horse riders, cyclists and walkers). If the local land owners, community and Councils provided the necessary means, it may be possible to connect these routes to the wider existing amenity network; additional ponds to act as surface water attenuation basins as well as habitats for water and wetland based flora and fauna; and new car park adjacent to the sports ground for joint use by users of the sports ground/community area and new amenity area1.
Requirement for an EIA
1.13 EIA is a procedure required under the terms of European Directives 85/337/EEC and 97/11/EC on assessment of the effects of certain public and private projects on the environment. Article 2 of the Directive requires that:
‘Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects.’
Article 8 then requires that:
‘The results of consultations and information gathered pursuant to [the EIA procedure] must be taken into consideration in the development consent procedure.’
1.14 These European Directives were most recently enacted into current legislation by The Town and Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999 (Statutory Instrument 1999 No. 293) (as amended by the 2011 Regulations).
1.15 The EIA Regulations include Schedule 1 developments for which an EIA is mandatory and Schedule 2 developments for which an EIA may be required depending upon certain criteria; including, the nature and scale of potential environmental effects and the sensitivity of the receiving environment.
1.16 The proposed development at the site falls under Schedule 2 of the EIA Regulations, specifically:
Item 11(b), referring to ‘Installations for the disposal of waste’, where the area of development exceeds 0.5 hectare.
1 This facility is subject to a separate planning application and does not form part of this assessment
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1.17 Nottinghamshire County Council have confirmed that an EIA is required. A copy of the Screening Opinion, dated 8th July 2011, is attached at Appendix 1.1 along with the Scoping Opinion, dated 20th September 2011.
Scoping the EIA
1.18 Scoping is not a mandatory requirement under the EIA regulations, but is seen as best practice. The purpose of which is to ensure that the environmental studies undertaken during the EIA provide all the relevant information on the likely significant environmental effects of the proposals.
1.19 The EIA regulations allow for a developer to request a formal Scoping Opinion from the planning authority, in this case Nottinghamshire County Council. The findings of scoping define the scope of the environmental information to be submitted to the authority and the terms of reference for the environmental studies to be undertaken to compile that information.
1.20 In accordance with good practice a scoping exercise was completed, which considered in outline the nature of the proposals, the breadth of the subsequent EIA, the range of key issues and the extent to which each environmental topic area needed to be further investigated. This ES has drawn upon the scoping exercise and from the various responses received.
The EIA and the Design Team
1.21 The EIA has been undertaken as part of an iterative design process by a team of experienced and professional specialists. Table 1.1 identifies the project team and their main responsibilities:
Table 1.1 EIA and Project Team Company name Responsibilities UK Coal Client Tetron Point LP AA Environmental LLP Project Management of the planning stage deliverables and compilation of the ES; Ecology; Geology, Land Use, Contaminated Land and Hydrogeoglogy; Hydrology; Construction Impacts; Cumulative Impacts JWPC Planning JB Landscape Associates Landscape design and visual assessment iTransport Transport
1.22 In addition to the ES, the planning application will be accompanied by a number of supporting documents, which include the following:
Planning Support Statement (incorporating Design and Access Statement); Transport Assessment; and Site Waste Management Plan.
The Structure of the ES
1.23 A standard approach to the ES has been adopted, with the following documents produced:
Non-Technical Summary (NTS) – produced as a stand alone document for distribution and includes supporting Figures; The ES main report (this forms Volume 2 of the application) – this describes the proposed development, the need for the scheme and alternatives considered. Each environmental topic has its own chapter and the impacts assessed and mitigation measures suggested, where necessary. Figures, photographs, illustrations and appendices are included as appropriate. The main chapters include:
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o Chapter 1 – Introduction o Chapter 2 – Proposed Development o Chapter 3 – Methodology o Chapter 4 – Planning and Policy Context o Chapter 5 – Landscape and Visual Assessment o Chapter 6 – Ecology o Chapter 7 – Geology, Hydrogeology, Land Use and Contaminated Land o Chapter 8 – Hydrology o Chapter 9 – Transport o Chapter 10 – Construction Impacts o Chapter 11 – Cumulative Impacts o Chapter 12 – Summary of Impacts and Mitigation
ES Availability and Comments
1.24 A copy of this ES along with the other supporting information will be held at Nottinghamshire County Council offices at the following address and will be made available to review upon request:
Trent Bridge House Fox Road West Bridgford Nottingham NG2 6BJ
1.25 Any comments on the ES should be addressed to the Planning Officer, Mr Oliver Meek, at the above address.
1.26 Paper copies of the Non-Technical Summary (NTS) are available free of charge, but a charge will be made for a full copy of the ES. Hard copies will be charged at £120 (plus VAT) or £10 (plus VAT) for electronic copies on CD. For copies of the NTS or ES please contact Alan Beaumont at the following address:
AA Environmental LLP Carriage House Office Guydens Farm Oxford Road Garsington Oxford OX44 9AZ
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2.0 PROPOSED DEVELOPMENT
Overview of Existing Development
2.1 Welbeck Colliery was operational from 1912. The Colliery has exploited deep coal seams in the Carboniferous strata, in excess of 634 m below the site. The Colliery operations expanded through the 20th Century and included shafts and associated headstocks, coal processing plant, a railway and railhead, coal handling areas, power plant, boiler buildings and maintenance buildings. The Colliery complex covers approximately an area of 127 hectares. The layout of the site in 1994 is shown in Figure 2.1 and Figure 2.2.
2.2 The coal was extracted and brought to the surface via shafts. The coal bearing strata were then processed and sent for power production. The coal was delivered to clients primarily via rail, but also by road. A proportion of the raw material was unusable and this material was disposed of in the spoil deposition area in the western section of the Colliery. The spoil heap was shaped to an agreed formation.
2.3 The coal processing operation utilised water to separate coal from the raw material and the fine material settled to the base of tanks. The resulting slurry was then pumped to the lagoons in the west of the Colliery.
2.4 Water for use at the Colliery was abstracted from two main wells, namely from the ‘spring’ well near to the River Meden and a deep borehole in the magnesium limestone. These are shown in Figure 2.1 as wells 1 and 2 respectively. It is understood that abstraction well number 3 serviced the deep seams. Abstraction from this well is understood to have been trade effluent (minewater) and was acceptable without an abstraction licence. This well was not routinely used as the colliery works were primarily dry.
2.5 In 2001, following a review of the projected production of the colliery it was concluded that the permitted spoil heap was insufficient in capacity and a planning permission application2 was submitted to Nottinghamshire County Council. The revised restoration proposal did not alter the southern boundary, but changed the vertical extent and the profile to the north. The planning application was approved in February 2002. The permitted restoration scheme is shown in Figure 2.3 and the Planning Permission is attached at Appendix 2.1.
2.6 The southern section of the spoil heap and a small area in the north have been restored to the permitted contours and planted. In spring 2010 the northern section of the spoil heap remained un-restored.
2.7 Following an operational and commercial review of the production at the Colliery it was considered as no longer viable and ceased extracting coal in May 2010. As part of the closure process many of the colliery buildings were surveyed for asbestos, any asbestos stripped and disposed of in accordance with the waste regulatory regime, and then subsequently demolished. The shafts have been backfilled with colliery spoil to ensure safety has been attained. The fines in the settlement lagoons have been stabilised using the colliery spoil and an additive.
2.8 There remains some activities at the Colliery due to ongoing site management activities. The only original building retained at the Colliery is the power house. Temporary office buildings have been erected to facilitate demolition and regeneration and to maintain security.
2 Planning Application 2/2001/550/ET
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The Proposed Development
Restoration Proposals
2.9 In 2001, the original proposal was to restore the land back to woodland and agriculture. The proposed scheme is to restore the land for enhanced ecological value and for recreational purposes.
2.10 Although the proposed scheme is to restore the site generally in accordance with the existing permitted proposal, the need for planning permission is brought about through the need to utilise non-colliery materials to complete the restoration works. This is contrary to planning condition number 5 which stipulates:
Colliery waste tipped on the application site shall be limited to that brought to the surface at Welbeck Colliery, unless otherwise agreed in writing by the MPA.
2.11 The other main changes from the permitted formation design are as follows:
the final formation level is reduced to circa 127.5 m above ordnance datum (AOD). This is lower than the permitted scheme which was in excess of 130 m AOD; the restoration profile has minor amendments along the western and northern boundary for the incorporation of the drainage and attenuation ponds; and other minor contour changes to create a viewing platform, picnic areas and footpaths to improve the amenity value of the site.
2.12 The restoration proposals including the formation topography, outline landscape design and planting, ecological enhancement, drainage and the proposed recreational access routes and features are shown in Figure 1.3. Access to the site would be from existing public rights of way surrounding the site.
Construction
2.13 To complete the restoration it has been estimated that there is a need for circa 1.9 million cubic metres of suitable material to be imported on to the site. The material will need to be placed and compacted to form the required formation. The final profile will be finished using a 200 mm top dressing of soil. The import of material will be undertaken under a Bespoke Environmental Permit applied for under The Environmental Permitting Regulations (England and Wales) 2010.
2.14 The quantities, specification and types of material to be imported will be detailed in a Materials Management Plan. This Plan will specify the following:
the purpose of each type of material; the associated required volumes and engineering specification that it must attain; the environmental specification of each material. This will incorporate site specific standards protective of the water environment, the planted ecosystems and human health. The protective standards will be agreed through site specific modelling and associate risk assessments. The standards and risk assessments will be agreed with the planning authority and the Environment Agency prior to any importation; the importation controls to be applied; associated testing necessary; and the verification process to demonstrate that the formation is constructed to the required standards.
2.15 The proposed construction works are intended to be completed over a three to five year period. The exact duration of the works will depend on the availability of suitable material. The works will be supervised by a suitably experienced Restoration Manager.
2.16 The material import will primarily be undertaken using the existing railway. The material will be imported 24 hours a day. Soils for treatment will be unloaded in the Soil Management Area
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(SMA), as shown in Figure 2.4. This area has significant screening to the closest properties provided by the surrounding topography, most notably Elkesley Hill.
2.17 The import of the material by road will be via the A616 and/or Elkesley Road for site operations, but all heavy goods vehicles will be routed via the A616. These access routes are as existing and do not require any modification to the road network. It is anticipated that the maximum number of road vehicles entering and leaving the site would be 150 per day. A suitable routing scheme would be utilised, to minimise any direct impact on the local communities. Meden Vale and Cuckney Village would be avoided in the routing scheme (see Figure 9.1 in the Transport Chapter).
2.18 In general the working hours of the site will be restricted to those approved under the permitted scheme, namely: 0700 to 1900 hours Monday to Saturday. This will include mobilisation and demobilisation from the site. As stated above, the unloading of trains will occur on a 24/7 basis and this will require the operation of the SMA. To note, the 24/7 working does not include any haulage operations to and from the restoration area or the placement of the material.
2.19 Material in the SMA will either be transferred directly to the point of restoration or stored, tested and treated, as necessary. The transfer of the material from this area to the point of restoration will be via conveyor or dumper. Any treatment of material will be subject to the waste requirements within the Bespoke Permit.
2.20 Restoration will be undertaken in the following sequence post detailed design stage:
completion of ecological mitigation works and associated drainage works; construction of haul routes, repair of railway sidings and establishment of compound; import and restoration. The placement of material will commence in the west and southern sections of the restoration area. The land will be progressively raised to formation level; the infill of material will progressively work east and north until the formation level is fully attained; once the required level is achieved the site will be restored with soil and seeded. This activity will be undertaken as soon as practicable to prevent fugitive dust emissions; planting will be undertaken within one planting season post formation being achieved; and footpaths and amenity facilities will be constructed following completion of the restoration.
2.21 The necessary infrastructure required for the restoration process is shown in Figure 2.4 and includes the following:
retention and repair of the existing railway siding; a haulage road to the land formation and the SMA; weighbridge; wheel wash; offices and welfare facilities located in the SMA; the SMA is already covered in hardstanding, but will have a 2.5 m high bund constructed around the eastern, western and southern perimeter providing a break in line of sight; and the conveyor belt and/or haulage system from the SMA.
2.22 In addition to the infrastructure set out above, the following plant will be used:
excavators; dozer; crushing and screening mobile plant (as required); compactor or roller; road sweeper; and tractor and bowser.
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2.23 This land is only temporarily required and will not form part of the permanent works. The land will ultimately form part of the regeneration strategy for the former colliery. This will be undertaken under a separate planning submission and consultation exercise.
Need for the Scheme and Alternatives Considered
2.24 The EIA Regulations require that an ES should include:
‘An outline of the main alternatives studied by the applicant…an indication of the main reasons for his choice, taking into account the environmental effects.’
2.25 The need for the scheme and main alternatives considered are provided below. It also includes various layout proposals and a summary of the main alterations made to the proposals due to the constraints identified during the EIA process.
The Need
2.26 The site is currently a derelict industrial landscape which is an unnatural landform of a very poor aesthetic value. In addition the land would have very limited regeneration and ecological benefit and is of no recreational value. It is also likely that if no further restoration is completed then enforcement action could be taken by the Planning Authority under the existing planning permission. Therefore, it is fully acknowledged that the site cannot be left in its current state and that some remedial measures are required.
2.27 The Supporting Planning Statement sets out the need for the restoration in the context of National, Regional and Local Planning Policy.
2.28 In summary, the restoration proposal is required in order to:
complete the restoration and to an agreed revised scheme; enhance the recreational, community and biodiversity value of the site, over the permitted restoration proposal; and attenuate surface run-off and reduce the risk of pollution.
Do Nothing and Alternative Restoration Proposals
2.29 The ‘do nothing’ scenario assumes that no restoration takes place at the site, which would leave an incongruous landform of little value to the community or the wider environment. In addition, surface water run-off would be unmanaged at the site potentially creating off-site flood risk and pollution.
2.30 Two alternative options to the proposed scheme have been developed and considered as part of the selection of the design of the permanent land formation. These proposals were assessed as part of the pre-application process. The options and the associated evaluation is attached at Appendix 2.2.
2.31 In summary, the two alternatives were as follows:
Option 1 is the do-minimum alternative. This option involves re-grading the steepest slopes, but essentially leaving the spoil heap in its present form. Material would be generated by a cut of circa 2.5 m from the top of the current restored profile to use in the re-grading exercise. A thin covering of soil would then be overlain to support grass growth; and Option 2 follows the formation set out in the current permitted scheme. It involves no importation of material to the site. This option eliminates the steep slopes and incongruous abrupt changes of level throughout the northern half of the site by cutting and filling. To generate sufficient material to fill voids and form an even profile to the brow of the hill it would be necessary to cut into and remove a section of the already restored southern section of the spoil heap. The operation would result in a reduction in the height of the hill by up to 20 m from the permitted 132.5 m AOD to circa 112 m AOD,
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which equates to a cut of approximately 15 m from the current restored levels. Landscaping for this option would be consistent with the consented scheme at the relevant formation levels.
2.32 Option 1 would not re-form the present incongruous shape of the spoil heap. The resulting formation would be out of keeping with the character of the surrounding landscape and would be significantly more harmful to views from the north than the current permitted scheme and the proposed formation.
2.33 Although Option 2 would render the spoil heap’s profile more appropriate to the landscape’s contextual topography in views from the north and from the south, the plateaus shape to the ridge is not typical of other hills in the area and may appear more engineered. The scheme would also necessitate the removal of a section of the southern side of the spoil heap that has already been restored with the vegetation already becoming established as part of the wider landscape.
2.34 When considering the proposed restoration against the do-minimum alternative, in terms of visual effect upon the inherent character of the contextual landscape, and on views from points to the north-west of the site, the study found that Option 1 would be unsatisfactory.
2.35 The assessment concluded that both the proposed restoration and Option 2 would be acceptable. However, the proposed scheme would be marginally more appropriate, in as much as the brow of the hill would not appear plateau-like, which is not a feature of the surrounding hills and high ground and would avoid the destruction of habitats already established on the restored section of the spoil heap. Both proposals would require extensive engineering works. The final land use for Option 2 would be a mix between woodland and agriculture.
2.36 Overall the proposed scheme would provide a range of benefits when compared to the other options in terms of landscape, recreation, nature conservation and drainage which will be managed for the long term so that the area is available for future generations.
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3.0 METHODOLOGY
Overview
3.1 This Chapter sets out the general principles of the EIA. It defines the scope of works and describes the approach that has been used to identify, evaluate and mitigate environmental impacts. Any assumptions, limitations and uncertainties of the assessment are discussed as well as the approach to consultation.
Technical Scope
3.2 The range of environmental topics addressed in the EIA is referred to as the technical scope. Schedule 4 of the EIA Regulations specifies a range of environmental issues, the significant effects on which should be addressed as part of the EIA. These comprise effects on population, fauna, flora, soil, water, air, climatic factors, material assets (including the architectural and archaeological heritage), townscape and the interactions between these factors.
3.3 In accordance with good practice, a Scoping exercise has been completed to determine environmental issues that require further assessment (‘scoped in’ to the EIA) due to the potential for the proposals to give rise to significant effects, and those that can either be wholly or partially omitted from the EIA on the basis that they are unlikely to give rise to significant effects (‘scoped out’ of the EIA).
3.4 A Scoping Report was produced and submitted to Nottinghamshire County Council in July of this year. A copy of their Scoping Opinion (dated 20th September 2011) is attached at Appendix 1.1, which has been reviewed by the relevant technical specialist in the preparation of their chapter.
3.5 The Scoping Report considered a range of environmental topics and completed an initial assessment in relation to the proposals and potential issues/constraints. Table 3.1 provides a summary of the scope of the EIA based on the information presented within the Scoping Report and the comments received within the Scoping Opinion. A number of topics have been ‘scoped out’ of the EIA, for each of these topics, a brief summary of the reasons why these have been scoped out has been provided.
Table 3.1 Scope of the EIA Topics to be Scope of topic to be considered scoped IN to the EIA Landscape and A full L&V Impact Assessment will be carried out in order to fully assess the impacts of the Visual Amenity restoration works, in accordance with relevant guidance. Ecology A full ecological impact assessment, including an extended Phase 1 Habitat Survey, will be carried out, considering both on and off-site impacts. Water Resources Although working controls will be set out in a Construction Environmental Management and Flood Risk Plan (CEMP), further design controls will be required to demonstrate protection of the underlying aquifer and surface waters from pollution. Protective standards will be set out in a Materials Management Plan, which will be agreed with the County Council and EA prior to commencement of the works. However, further information on the ground and surface water risks will be assessed and form a chapter within the ES.
The site is predominantly passively drained. It is proposed that the site drainage is enhanced to ensure any surface water run-off is suitably controlled. Additional information on the drainage will be provided within the ES. Contaminated The contamination issues associated with the sites former use will be further evaluated Land within the ES. In addition, the ES will investigate the issue of using waste to complete the restoration proposals. Transport A Transport Assessment will be undertaken to fully assess the impact of the transport Assessment operations to and from the site and the capability of the road network to accommodate any increases from its current usage. A summary of which will be included in the ES.
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Topics to be Reason scoped OUT of the EIA Archaeology and The site has been extensively worked and consequently there is considered to be no Cultural Heritage archaeology. Any listed buildings are at some distance away and well screened. Geology and The site has already been extensively worked through the deposition of colliery spoil. Any Soils shallow natural geology at the site is likely to have been re-worked (made ground) or removed. The wider site has already been subject to significant land-raise associated with the placement of colliery spoil. Nuisance Nuisance will be reduced by a number of factors, including distance, presence of established vegetation and intervening land form (already restored spoil heap to the south). In addition, the implementation of the controls detailed within the CEMP to be produced prior to the works will help reduce any nuisance to a minimum. Socio-Economics The proposed development will provide jobs for the local community as well as provide a new amenity area once fully restored. The proposals are considered to offer a significant benefit to the local economy and community.
Spatial Scope
3.6 The geographical scope of the EIA takes into account the following factors:
the physical extent of the works of the proposed development, defined by the planning application limits; the nature of the baseline environment; and the manner in which effects are propagated.
3.7 It is important to put the spatial extent of the predicted impacts into the context of the site. For instance, potential direct effects on archaeology are confined to those areas physically disturbed by the works. Whereas, transport needs to consider a wider area, as increased traffic can impact on the local network at some distance from the development.
3.8 Where relevant, the study area adopted for each technical assessment is stated in the methodology section of each chapter.
Temporal Scope
3.9 The proposed timescale for the completion of the development is approximately three to five years, with the earliest possible start date in March 2012, subject to granting planning permission and agreement of the necessary Conditions.
3.10 The temporal scope of the predicted environmental effects is dependent upon the nature of the effects. Predictions of changes to traffic flows for example are assessed beyond the ‘completed development’ date. In terms of life expectancy, once complete, the proposed development will form part of the permanent landscape.
3.11 Where relevant, the temporal scope used for each technical assessment is stated in the methodology section of each chapter.
Consultations
3.12 Consultation is a key part of the EIA process. As part of the Scoping exercise a number of organisations have already been consulted on the proposals (their responses are attached in Appendix 1.1).
3.13 The following list identifies those organisations that have already been consulted:
Bassetlaw District Council; Mansfield District Council;
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Nottinghamshire County Council: Landscape and Reclamation Team; Area Rights of Way Officer; Conservation Team; Environment and Resources Department; Minerals, Waste and Spatial Planning Team; Environment Agency; The Coal Authority; Cuckney Parish Council; English Heritage (East Midlands Region); Natural England; Nottinghamshire Wildlife Trust; National Grid; Network Rail; Severn Trent Water; Western Power Distribution; and Other relevant organisations.
3.14 Further consultations have been undertaken throughout the EIA, the details of which have been provided in the relevant chapters.
Determining the Significance of Environmental Effects
3.15 The purpose of the ES is to identify and evaluate those environmental effects that are considered likely to be of significance. However, there is no statutory definition of significance. Effects on the environment can be beneficial or adverse and can range from those of major significance to neutral. The primary purpose of identifying significant environmental effects is to inform the decision making process.
3.16 The criteria used to assess the impacts from the proposals are set out in the methodology section within each technical chapter. Where available, the methodology has used published standards, guidance and best practice.
3.17 In order to standardise the assessment, the following criteria has then been applied to the impacts and provided in a Summary Impacts Table at the end of each technical chapter, with the nature of the impacts assessed in terms of their:
Spatial extent – local, regional, national; Type – beneficial or adverse; Duration – permanent, long-term or short-term; and Nature – direct, indirect, secondary or cumulative.
3.18 The significance of each impact was then assessed using the following four category scale, but after mitigation (i.e. residual impact):
Major significance - a significant deterioration/improvement in conditions or circumstances. Moderate significance – a readily apparent change in conditions or circumstances. Minor significance – a perceptible change in conditions or circumstances. Neutral significance – no perceptible change in conditions or circumstances.
Mitigation Measures
3.19 Schedule 4 of the EIA Regulations requires that ‘a description of the measures envisaged to prevent, reduce and where possible remedy any significant adverse effects on the environment’, known as mitigation measures, should be included in the ES.
3.20 The development of mitigation measures is an integral part of the EIA and an important aspect of the planning and design process. Good practice guidelines recommend that mitigation should be embodied within the project design, both in terms of project location, scale of layout, and in the management of the affected environment. This approach has been adopted throughout the design of the proposals in order to identify potential significant adverse effects
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early on in the development of the scheme and where possible, incorporate ‘designed-in’ mitigation measures to remedy such effects.
3.21 Where necessary, mitigation measures are provided in each of the technical chapters. For each significant adverse effect identified, the specialists undertaking the assessment have provided mitigation measures consistent with best practice, taking into account local constraints and characteristics. The impact assessment in each chapter has been undertaken on the assumption that the identified mitigation measures have been applied, therefore any impacts predicted are considered to be ‘residual impacts’.
3.22 It is anticipated that a Construction Environmental Management Plan (CEMP) will be produced prior to the commencement of works on the site. The purpose of this document is to control the construction works and follow best practice to avoid/minimise any adverse impacts. It is anticipated that the full implementation of the approved CEMP will be a condition attached to the planning permission.
Cumulative Impact Assessment
3.23 There are a number of developments planned or currently underway in the surrounding area. A cumulative impact assessment has been carried out to identify whether impacts may arise in combination with other known development at construction or completion. Cumulative impacts arise as a result of the incremental impact of a development added to other past, present, and reasonably foreseeable developments in the area. The potential for cumulative impacts to occur has been assessed in Chapter 11.
Assumptions and Limitations
3.24 The EIA has worked on a number of assumptions in relation to the development proposals. Where there may be a degree of uncertainty as to the precise nature of the impact, or where assumptions and limitations have been made relating to the technical assessment, these have been stated in the relevant chapter.
3.25 The following assumptions are generic throughout the EIA:
the assessment of impacts assumes those mitigation measures suggested are fully secured and implemented; and assuming planning permission is granted, the works will commence in 2012 and be completed in 2017.
3.26 No significant limitations have been identified in the preparation of this ES.
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4.0 PLANNING AND POLICY CONTEXT
Introduction
4.1 This chapter outlines the decision-making framework that will apply to the planning application for the proposed restoration of the Welbeck Colliery spoil tip. It also provides a review of the planning guidance and policy of most relevance to the Environmental Impact Assessment (EIA) of the proposal.
4.2 The extent to which the proposed restoration of the Welbeck Colliery spoil tip accords with planning policy more generally is examined in detail within the Planning Statement, which forms part of the planning application submission.
Decision-making Framework
4.3 For this site the minerals and waste planning authority are Nottinghamshire County Council (NCC). NCC is responsible for determining the planning application for the proposed restoration of the Welbeck Colliery spoil tip.
4.4 At a District level, the vast majority of the application site falls within Bassetlaw District Council, although a small part of the site lies within Mansfield District Council’s administrative area. NCC will consult both District Councils regarding the application proposal.
Planning Policy Framework
4.5 The framework for making decisions on planning applications is provided by Government statements of planning policy known as Planning Policy Statements (PPSs) and Planning Policy Guidance Notes (PPGs), Minerals Planning Guidance Note (MPG) together with the Statutory Development Plan for the area to which an application relates.
4.6 Although the Government’s statements of planning policy are an important material consideration to be taken into account in determining planning applications, the planning Acts confirm that the Statutory Development Plan should be the starting point for such decisions. In this respect, Section 38(6) ‘The Planning & Compulsory Purchase Act 2004’ states:
“If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Act the determination must be made in accordance with the Plan unless material considerations indicate otherwise.”
4.7 The 2004 Act introduced a new development plan system and a new style of local development plan, known as a Local Development Framework (LDF). These comprise local development documents which include a series of Development Plan Documents (DPDs) that are part of the Statutory Development Plan, as well as Supplementary Planning Documents (SPDs), which expand policies set out in a DPD or provide additional detail.
4.8 The LPAs across England are at varying stages of preparing LDFs to replace their local plans and UDPs. There are transitional arrangements in place, which mean that certain policies contained within local plans and UDPs (referred to as ‘saved’ policies) continue to have effect until new policies that expressly replace them are published, adopted or approved.
Government Statements of Planning Policy
4.9 As confirmed above, the Government’s statements of planning policy are an important material consideration to be taken into account in determining planning applications. The PPSs, PPGs and MPGs of most relevance to the EIA for the proposal are summarised below:
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PPS1: Delivering Sustainable Development (2005)
4.10 PPS1 sets out the Government’s overarching planning policies for the delivery of sustainable development through the planning system. The Government’s objectives for sustainable development include (paragraph 4):
social progress, which recognises the need of everyone; effective protection of the environment; the prudent use of natural resources; and the maintenance of high and stable levels of economic growth and employment.
4.11 Paragraph 4 goes on to state that these aims should be pursued in an integrated way through a sustainable, innovative and productive economy that delivers high levels of employment, and a just society that promotes social inclusion, sustainable communities and personal wellbeing in ways that protect and enhance the physical environment and optimise resource and energy use.
4.12 Paragraphs 7 and 8 highlight the importance of a plan-led system of development control in terms of delivery, certainty and integrating sustainable development objectives. The guidance confirms that where development plans contain relevant policies, applications should be determined in accordance with the plan unless material considerations indicate otherwise.
4.13 Paragraph 20 emphasises that development plan policies should take account of environmental issues. This includes mitigating the effects of, and adaption to climate change and the management of waste in ways that protect the environment and human health, including producing less waste and using it as a resource wherever possible.
4.14 In terms of the promotion of sustainable economic growth, PPS1 states that LPAs should (paragraph 23) amongst other matters:
recognise that economic developments can deliver environmental and social benefits; recognise the wider sub-regional, regional or national benefits of economic development and consider these alongside any adverse local impacts; and ensure that suitable locations are available for development, so that the economy can prosper.
4.15 At paragraph 27, PPS1 promotes the efficient use of land, including the use of suitably located brownfield land and buildings. It emphasises the need to bring vacant and unused land and buildings back into beneficial use.
4.16 Paragraphs 33 to 39 promote high quality design in new development.
4.17 In December 2007, the Government issued a supplement to PPS1 entitled ‘Planning & Climate Change’. This document states that planning should contribute toward reducing emissions and stabilising climate change and take into account the consequences of this. Much of the PPS1 Supplement concentrates on providing guidance to ensure that development plans incorporate appropriate policies aimed at tackling climate change. The document (paragraph 42) also supports sustainable waste management.
PPS4: Planning for Sustainable Economic Growth (2009)
4.18 PPS4 sets out the Government’s planning policies for economic developments. PPS4 defines economic development as including public and community uses and that which provides employment opportunities, generates wealth and produces or generates an economic output or product (paragraph 4). The Government’s objectives for sustainable economic growth include (paragraph 10):
raising the quality of life and the environment in rural areas by promoting thriving, inclusive and locally distinctive rural communities whilst continuing to protect the open countryside for the benefit of all.
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4.19 PPS4 reiterates PPS1’s aspirations that make the most efficient and effective use of land, prioritising previously developed land which is suitable for re-use (Policy EC2.1 (d)).
4.20 PPS4 also addresses the need to plan for economic development in rural areas. Policy E6 requires LPAs to ensure that the countryside is protected for the sake of its intrinsic character and beauty, the diversity of its landscapes, heritage and wildlife, the wealth of its natural resources and to ensure it may be enjoyed by all (Policy EC6.1). PPS4 requires most new development to be located in or on the edge of existing settlements where services and facilities can be provided close together (Policy EC6.2 (b)).
4.21 PPS4 additionally requires LPAs to support sustainable leisure developments that benefit rural businesses, communities and visitors and which utilise and enrich, rather than harm, the character of the countryside (Policy EC7.1).
4.22 PPS4 requires LPAs to adopt a positive and constructive approach towards planning applications for economic development (Policy EC10.1). In assessing proposals for economic development, LPAs are required to assess, amongst others, its accessibility by a choice of means of transport including walking, cycling, public transport and the car; its provision of a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area and the way it functions; and the impact on the economic and physical regeneration in the area including the impact on deprived areas, social inclusion objections and the impact on local employment (Policy EC10.2 (c); (d) and (e)).
4.23 Policy EC11 of PPS4 states that in considering planning applications for economic development that is not for main town centre uses and which is not in accordance with the development plan, LPAs should take full account of any longer term benefits, as well as costs, of development, such as job creation or improved productivity including any wider benefits to national, regional or local economies; and consider whether these proposals help to meet the wider objectives of the development plan (Policy EC11.1 (b) and (c)).
PPS7: Sustainable Development in Rural Areas (2004)
4.24 Most of PPS7 has been superseded following the publications of PPS4 (rehearsed above). The remaining elements of PPS7 emphasise the core principle of sustainable development. Such considerations therefore include recognising the needs of everyone (social inclusion) and effective protection and enhancement of the environment (paragraph 1).
4.25 PPS7 requires planning policies to make the most of new leisure and recreational opportunities that require a countryside location. LPAs should continue to ensure that the quality and character of the wider countryside is protected and, where possible, enhanced (paragraph 15).
4.26 PPS7 also recognises that the countryside around urban areas is the most accessible countryside to urban residents. LPAs should aim to secure environmental improvements and maximise a range of beneficial uses of this land. This should include improvement of public access and facilitating the provision of appropriate sport and recreation facilities (paragraph 26).
PPS9: Biodiversity and Geological Conservation (2005)
4.27 The key aims of PPS9 include ensuring that planning decisions maintain and enhance, restore or add to biodiversity and geological conservation interests (paragraph 3 (ii)). Paragraph 6 specifically addresses ‘International Sites’, which enjoy statutory protection. Paragraph 6 makes it clear that the Habitat Regulations do not provide statutory protection for potential Special Protection Areas (pSPAs) before they have been agreed with the European Commission. However, for the purposes of considering development proposals affecting them, the Government wishes pSPAs included in a list sent to the European Commission to be considered in the same way as if they had already been classified or designated.
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PPS10: Planning for Sustainable Waste Management (2005)
4.28 PPS10 sets out the Government’s planning policies in respect of sustainable waste management, and builds upon those set out in the National Waste Strategy. The overall objective of Government policy on waste is to protect human health and the environment by producing less waste and by using it as a resource wherever possible. PPS10 sets out the ‘Waste Hierarchy’ which in descending order seeks to reduce, reuse, recycle and compost and use waste as a source of energy, before it is disposed of in landfill sites.
4.29 PPS10 requires regional planning bodies and all LPAs to prepare and deliver planning strategies that address the Waste Hierarchy and consider waste as a resource. Paragraph 2 states that positive planning has an important role to play in delivering sustainable waste management through providing sufficient opportunities for new waste management facilities of the right type, in the right place and at the right time. Paragraph 5 confirms that PPS10 is a material consideration in the determination of planning applications for waste proposals and will supersede policies in the development plans that have not been reviewed/updated to reflect the considerations of PPS10.
4.30 Paragraphs 6 to 12 confirm that the strategy for waste management should be a key component of Regional Spatial Strategies (RSS). These paragraphs set out the various factors that regional planning bodies should take into account in preparing RSS, including waste arisings, waste management capacity and opportunities to accommodate new or expanded facilities.
4.31 Paragraphs 22 to 36 specifically address the determination of planning applications for waste proposals. Planning applications for sites that have not been identified or are not located in an area identified in a development plan document as suitable for waste proposals should be considered favourably when consistent with the PPS10 and the waste planning authority’s Core Strategy (paragraph 24). Paragraph 25 states that applications for waste disposal facilities should be able to demonstrate that the envisaged facility will not undermine the waste planning strategy prejudicing movements up the waste hierarchy.
4.32 PPS10 states that the planning and pollution control regimes are separate but complementary. Pollution control is concerned with preventing pollution through the use of measures to prohibit or limit the release of substances to the environment to the lowest practicable level. It also ensures that ambient air and water quality meet standards that guard against impacts to the environment and human health. The planning system controls the development and use of land in the public interest and should focus on whether development is an acceptable use of the land, and the impacts of those uses on the development and use of land. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced (paragraph 27).
4.33 Paragraphs 29 to 31 deal with local environmental impacts and health. Paragraph 29 clarifies that in considering applications for waste management facilities, waste planning authorities should consider the likely impact on the local environment and amenity. In relation to health, paragraphs 30 to 31 stated that modern, appropriately located, well run and well-regulated waste facilities operated in line with current pollution control techniques and standards should pose little risk to human health. Furthermore, the detailed consideration of a waste management process and the implications, if any, for human health, is the responsibility of the pollution control authorities.
4.34 Paragraph 32 relates to planning conditions. It states that it should not be necessary to use planning conditions to control the pollution aspects of a waste proposal where the facility requires a permit from the pollution control authority. It does, however, state that in some cases it may be appropriate to use planning conditions to control other aspects of the development, for example, in respect of transport modes and the hours of operation where these may have an impact on neighbouring land uses.
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PPG13: Transport (2001)
4.35 This PPG seeks to ensure co-ordination between land use policy and transportation policy. It acknowledges that land use planning is critical to the Government’s aims of sustainable development by locating development where it can be served by non-car modes of transport. One of the key objectives of the guidance is to promote more sustainable transport choices for both moving people and freight.
4.36 Paragraphs 45 to 47 deal with freight movements. The guidance stresses the importance of land use planning in promoting the more sustainable distribution of freight and materials. In particular, the guidance stresses the importance of rail and water for the movement of freight and to identify and safeguard sites that have the potential to make use of these modes.
PPG14: Development on Unstable Land (1990)
4.37 PPG14 is principally concerned with assessing the risks posed by unstable land. Potential unstable land includes unstable slopes including at tips (paragraph 13). Appropriate measures are given where instability is suspected and the responsibilities for this are rehearsed (see paragraphs 16 to 23 inclusive). It is made clear that it is not the responsibility of the local authority to investigate the ground conditions of any particular development site unless they propose to develop it (paragraph 20). In addition, a planning authority does not owe a duty or care for individual landowners when granting applications for planning permission (paragraph 22).
4.38 PPG14 states the importance of considering the stability of the ground at all stages of the planning process (paragraph 24). PPG14 advises that the handling of individual applications for development on land which is known or suspected to be unstable or potentially unstable will need to take account of the potential hazard that such instability could create both for the development itself and to the neighbouring area. Whilst there is scope for flexibility and each application must be treated on its merits, it is important that a local planning authority should be satisfied by the developer that any instability has been taken into account (paragraph 31). In this case, the stability of the existing spoil tip has been managed by UK Coal to ensure that it is a stable landform. The proposed condition of the restoration scheme for the northern part of the spoil tip will also ensure that a stable landform is created.
PPG17: Planning for open space, sport and recreation (re-issued 2002)
4.39 PPG17 is principally concerned with protecting existing open space, sport and recreation provision. However, it also considers planning for new provision. In this regard, LPAs are required to promote accessibility by walking, cycling and public transport and ensure that facilities are accessible for people with disabilities. LPAs are also encouraged to look to provide areas of open space in commercial and industrial areas and add to and enhance the range and quality of existing facilities. In addition, consideration must also be given to meeting the regeneration needs of areas, using brownfield in preference to greenfield sites (paragraph 21).
4.40 PPG17 also acknowledges that the countryside around urban centres provides a valuable resource for the provision of sport and recreation (paragraph 25). Smaller scale facilities will be accepted where they are located in or adjacent to villages to meet the needs of the local community (paragraph 26). Rights of way are also recognised as an important recreational facility, which LPAs should protect and enhance. LPAs should seek opportunities to provide better facilities for walkers, cyclists and horse-riders, for example by adding links to existing rights of way networks (paragraph 32).
PPS23: Planning and Pollution Control (2004)
4.41 PPS23 confirms that any consideration of the quality of land, air or water and the potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, insofar as it arises or may arise from or may affect any land use (paragraph 2). It goes on to state that the planning system plays a key role in determining
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the location of development, which may give rise to pollution, either directly or indirectly and ensuring that other uses and developments are not, as far as possible, affected by major existing or potential sources of pollution. The document does, however, stress that the controls under the planning and pollution control regime should complement rather than duplicate each other.
4.42 Paragraph 9 states that development control decisions on individual planning applications, particularly those involving potentially polluting processes, can have an immediate impact on the local environment, human health and wellbeing. In considering such proposals for development, LPAs should take account of the risks of and from pollution and land contamination, and how these can be managed or reduced. Paragraph 10 does though stress that the planning system should focus on whether the development itself is an acceptable use of land and the impact of those uses, rather than the control of the processes of emissions themselves. LPAs should work on the assumption that the relevant pollution control regime will be properly applied and enforced.
PPG24: Planning and Noise (1994)
4.43 PPG24 provides advice to LPAs on the use of their planning powers to minimise the impact of noise. It outlines the considerations to be taken into account in determining planning applications both for noise-sensitive developments and for those activities which generate noise.
4.44 Paragraph 2 confirms that the impact of noise can be a material consideration in the determination of planning applications. It highlights the role of the planning system to guide development to the most appropriate locations, but recognises that it will be difficult to reconcile some land uses, such as housing, hospitals or schools, with other activities that generate high levels of noise. Paragraph 2 does though recognise that much of the development that is necessary for the creation of jobs and the construction and improvement of essential infrastructure will generate noise.
4.45 Paragraph 13 provides guidance on measures to control the source of, or limit exposure to noise. These can include engineering measures (e.g. insulating buildings), layout and administration measures (e.g. limiting operating times).
4.46 Paragraphs 15 to 19 refer to the use of conditions. The guidance makes clear that LPAs should consider using conditions to enable development proposals to proceed, where it would otherwise be necessary to refuse planning permission.
PPS25: Development & Flood Risk (2006)
4.47 PPS25 stresses that the key Governmental aim is to avoid, reduce and manage flood risk by taking full account in planning decisions of the present and future flood risk and the wider implications for flood risk of development located outside flood risk areas (paragraph 4). The aims of planning policy on development and flood risk are to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding and to direct development away from areas at highest risk (paragraph 5).
4.48 PPS25 promotes a risk-based approach for all aspects of planning, applying the source- pathway-receptor model to planning for development in areas of flood risk. Managing flood ‘pathways’ to reduce the likelihood of flooding is necessary to take account of the susceptibility to flooding, the performance and processes of river/coastal systems and appropriate flood defence infrastructure and the likely routes and storage of floodwater and its influence on flood risk downstream (paragraph 9).
4.49 Annex E of PPS25 provides detailed guidance on the assessment of flood risk. Annex F of PPS25 provides detailed guidance on managing surface water. Annex G of PPS25 addresses managing residual flood risk.
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MPG3: Coal Mining and Colliery Spoil Disposal (1999)
4.50 MPG3 provides the national planning policy framework for mineral planning authorities (MPAs) and the coal industry to ensure that the extraction of coal and disposal of colliery spoil only takes place at the best balance of community, social environment and economic interests, consistent with the principles of sustainable development. The objectives of MPG3 include minimising waste production and encouraging efficient use of materials including the recycling of wastes; and to enhance the overall quality of the environment once extraction has ceased (paragraph 6). MPG3 adds that proposals for colliery spoil disposal need to be environmentally acceptable and provide local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission (paragraph 8). MPG3 recognises that continuity of production at existing deep and drift mines in part depends upon the availability of land for soil disposal (paragraph 24).
4.51 MPG3 also outlines the importance of EIAs in ensuring the full consideration of the likely effects of the proposed development (paragraphs 43 & 44). MPAs will need to consider in detail the full range of social, community, economic and environmental issues that are relevant to the planning decision. The industry should demonstrate that its proposals take all practicable steps to satisfy the environmental concerns onsite operation and restoration, to ensure that any diverse effects on local communities, environmental damage or loss of amenity caused by mineral workings are kept to an acceptable level and do not outweigh the benefits to the local community of proceeding with the development (paragraph 49). Restoration and aftercare are also specifically addressed by MPG3. These need to be of appropriate quality to ensure that mineral workings are fit for beneficial after use and are environmentally acceptable. This may include management for nature conservation, provision of public open space, recreation or other development (paragraph 56). Aftercare proposals should also take account of the need to manage on-site and off-site drainage and any creation of water features (paragraph 58).
4.52 Annex A of MPG3 specifically addresses ‘Colliery Spoil Disposal’. The principal environmental effects of operational unreclaimed tips are visual intrusion, noise and dust for vehicle movements, loss of land and potential water pollution. After reclamation, the main impacts are the changed appearance and ecology of the land, and possible modifications in the pattern of land use (paragraph A33).
4.53 Annex C of MPG3 addresses ‘Specific Impacts’. The degree of visual impact will depend on a number of factors, such as the topography of the area and the proximity to main transport routes and residential or other sensitive areas (paragraph C2). The potential visual impact of spoil disposal sites can be further reduced by limiting the maximum height of any tip or removed to blend with the natural topography. Tip slopes should also be limited to within safety limits as well as taking account of surrounding landscape (paragraph C4). Tree planting and landscaping may reduce visual impact. Existing trees may give some screening and should therefore be retained where possible (paragraph C5).
4.54 The potential increase in heavy traffic resulting from the transportation of spoil is likely to be a major concern in the local community, depending on local circumstances. Clearly it is desirable wherever possible for the movement of colliery spoil to be by means other than public roads. Consideration should be given to other areas of transport such as rail, private haul roads and conveyors where available. Where economic factors compel the use of road transport, conditions attached to the planning permission might stipulate access points, vehicle washing equipment and operating hours (paragraph C35).
MPG5: Stability in Surface Mineral Workings and Tips (2000)
4.55 MPG5 provides advice on the exercise of planning control with respect to stability, good practice in design, assessment and inspection. MPG5 requires that account be taken of potential instability for development that includes spoil heaps (paragraphs 3 & 4). Back-filling of workings with material excavated or with imported waste (including landfill) may result in differential settlement or impedance of groundwater flows (paragraph 6).
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4.56 Tipping operations constitute development and therefore require planning permission. Stability is a material planning consideration in so far as it affects land use but the planning system should not seek to duplicate controls that are the statutory responsibility of other bodies (paragraph 13). Where development is proposed on or near to abandoned tips and quarries, the local planning authority should seek information from applicants in respect of stability reports prepared by a competent person (paragraph 27).
MPG7: Reclamation of Mineral Workings (1996)
4.57 MPG7 deals with policies, consultations and conditions which are relevant to achieving effective reclamation of mineral workings. Restoration and aftercare should provide the means to maintain or, in some circumstances, even enhance the long-term quality of land and landscapes taken for mineral extraction. This will be to the benefit of local communities and can provide opportunities for creating or enhancing nature conservation interests (paragraph 2).
4.58 An increasing proportion of mineral workings are being reclaimed for a wide range of subsequent uses which fall within the broad ‘amenity use’ category. These may include open grassland, country parks, informal recreational areas and conservation of landscape (paragraph 19).
4.59 It is in the applicant’s interests to discuss working and reclamation proposals and possible planning conditions with the Minerals Planning Authority (MPA) prior to formal submission of an application. These discussions should also involve the statutory consultees, the landowner, tenant and any other person with a relevant interest (paragraph 26).
4.60 MPG7 reiterates the requirement for and role of environmental assessment (paragraphs 28 and 29).
4.61 Before granting planning permission and drawing up conditions, MPAs are advised by MPG7 to consider not only the reclamation and after-use of an individual site but also where applicable, to relate these to a strategic plan for the area, especially where the reclaimed landform will result in a permanent change in the local landscape (paragraph 31). Good site planning, operation and reclamation practice include consideration of the impact of mineral workings and related waste tips upon the landscape. Key objectives will be to minimise the adverse impacts and to utilise opportunities for positive contributions which a reclaimed site can make to the landscape (paragraph 39). In preparing a planning application, the applicant should develop a site-specific landscape strategy which includes defining the key landscape opportunities and constraints, and identifies proposed after-use and preferred character for the restored landscape (paragraph 40). The intended final landform, gradients and drainage of a site should be designed and specified at the outset, with controls in planning conditions as appropriate. For many sites there may need to be some flexibility, and a continuation of the interactive design process, to take account of changes necessitated by operational, geological and mineral working safety demands. Modifications should not compromise the overall environmental acceptability of the scheme (paragraph 43).
4.62 It is a requirement of the planning system that the Environment Agency is consulted before planning permission for the use of land to deposit any waste is granted. The Environment Agency can advise on any necessary conditions for the protection of groundwater or surface waters (paragraph 48).
4.63 MPG7 also reiterates guidance on aftercare in paragraphs 56 to 74. Aftercare conditions would apply where amenity after-use is proposed (paragraph 58).
NPPF: Draft National Planning Policy Framework (2011)
4.64 All of the current PPSs, PPGs and MPGs will ultimately be replaced by the ‘National Planning Policy Framework (NPPF), once the Localism Bill becomes statute. The Draft NPPF published in July 2011 is therefore a material planning consideration. The Draft NPPF has at its heart the promotion of sustainable development whereby the planning system is used to
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build a strong, responsive and competitive economy with accessible local services that reflect the community’s needs (paragraph 10). A positive planning system is essential because, without growth, a sustainable future cannot be achieved. Planning must operate to encourage growth and not act as an impediment (paragraph 13). The Draft NPPF adds that:
“Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.” (paragraph 14)
4.65 The Draft NPPF adds that the core planning principles include proactively supporting the development that the country needs. Decision-takers at every level should assume that the answer to development proposals is “yes”, except where this would compromise the key sustainable development principles set out in this framework (paragraph 19). The Draft NPPF also requires LPAs to consider future uses of land by taking into account its environmental quality or potential quality, regardless of its previous or existing use. Planning decisions should seek to protect and enhance environmental and heritage assets in a manner appropriate to their significance and reduce pollution. LPAs should also seek multiple benefits from the use of land, recognising the potential for some open land to perform many functions, such as for wildlife and recreation (paragraph 19).
4.66 Specifically in terms of development management, the primary objective of LPAs should be to foster delivery of sustainable development, not hinder or prevent development (paragraph 53). To enable each local authority to proactively fulfil their planning role, and to actively promote sustainable development, LPAs need to approach development management decisions positively – looking for solutions rather than problems so that applications can be approved wherever it is practical to do so; and attach weight to the benefits of economic growth (paragraph 54). LPAs need to recognise the presumption in favour of sustainable development and the positive approach to planning in the Draft NPPF (paragraph 55).
4.67 The Draft NPPF also encourages early engagement and pre-application liaison, which has significant potential to improve the efficiency and effectiveness of the planning application system. Good quality pre-application discussions enables better co-ordination between public and private resources and improved outcomes for the community (paragraphs 56 to 59 inclusive).
4.68 The Draft NPPF adds that in assessing and determining development proposals, LPAs should apply the presumption in favour of sustainable development (paragraph 63). Specifically in considering applications for planning permission for business and economic development, LPAs should apply the presumption in favour of sustainable development and seek to find solutions to overcome any substantial planning objections where practical and consistent with the Framework (paragraph 74).
4.69 The Draft NPPF specifically addresses transport, and requires the planning system to support a pattern of development which, where reasonable to do so, facilitates the use of sustainable modes of transport (paragraph 83). Planning decisions should ensure that developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. However, this needs to take account of policies set out elsewhere in the Framework, particularly in rural areas (paragraph 88).
4.70 The Draft NPPF specifically addresses sustainable communities. Part of the objectives for achieving these are to ensure access to open spaces and recreational facilities that promote health and wellbeing of the community (paragraph 124). The facilitation of the interaction with and active inclusion of the local resident population is specifically encouraged in the planning system (paragraphs 125 and 126). It reiterates that access to good quality open spaces and opportunities for sport and recreation can make an important contribution to the health and wellbeing of communities. The planning system has a role in helping to create an environment where activities are made easier and public health improved (paragraph 128).
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Statutory Development Plan
4.71 The Statutory Development Plan for the application site comprises the following:
East Midlands Regional Plan (March 2009) (which also superseded the Joint Nottinghamshire & Nottingham Structure Plan adopted in February 2006) Nottinghamshire & Nottingham Waste Local Plan (January 2002) Bassetlaw Local Plan (October 2001) Mansfield District Local Plan (November 1998)
East Midlands Regional Plan (March 2009)
4.72 Nottinghamshire is part of the wider East Midlands Region, together with the counties of Lincolnshire, Derbyshire, Rutland, Leicestershire and Northamptonshire. The planning system still includes the regional level until the Localism Bill becomes statute. The regional level of planning policy is provided by the Regional Spatial Strategy (RSS). The East Midlands RSS is also known as the East Midlands Regional Plan. This was approved by Central Government in March 2009 and was intended to cover the period to 2026.
4.73 Necessarily, the focus of the RSS is at a much more strategic level. However, it does include specific policies on minerals and waste as well as other regional land use objectives. The application site lies within the designated ‘Northern Sub-Area’ comprising the former coalfield areas of North Derbyshire and North Nottinghamshire which have been adversely affected by economic restructuring and environmental degradation. The Regional Waste Strategy has no formal status in planning policy but was developed from a common underlying evidence base to the RSS. The context of the Regional Waste Strategy is therefore not considered here.
4.74 The most relevant policies of the RSS are set out in table 4.1:
Table 4.1 Relevant Policies within the RSS Policy Reference Policy Title Summary of Policy 1 Regional Core Objectives These include (g) – to protect and enhance the environment by measures including reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed. 7 Regeneration of the Northern Promotes the economic, social and environmental Sub-Area regeneration of the Northern Sub-Area through such measures as promoting environmental enhancement. Paragraphs Northern Sub-Area Many brownfield sites in the sub-area are associated with 2.4.22 and 2.4.23 former collieries in rural locations. Some of these sites are still connected to the rail network and are close to former pit villages. Environmental enhancement would contribute to social and economic regeneration. Key opportunities include strategic improvements to the quality of the rural environment through the reclamation and re- use of derelict colliery sites. 26 Protecting and Enhancing Details how sustainable development should protect, the Region’s National and manage, enhance and preserve the natural and cultural Cultural Heritage heritage of the region. 29 Priorities for Enhancing the Details how developers and other bodies involved in Region’s Biodiversity development should work together with the voluntary sector, landowners and local communities to achieve goals set out in the Regional Biodiversity Strategy and increase biodiversity in the East Midlands. 30 Regional Priorities for Aims to deliver a significant increase in woodland cover in Managing and Increasing the East Midlands. Woodland Cover 31 Priorities for the Details landscapes within the region including Sherwood Management and Forest that should be protected and enhanced and Enhancement of the measures that should be taken to ensure this. Region’s Landscape
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Policy Reference Policy Title Summary of Policy 32 A Regional Approach to Aims to take water-related issues into account at an early Water Resources and Water stage in the process of identifying land for development, Quality including protecting and improving water quality and reducing the risk of pollution, especially to vulnerable groundwater. Paragraph 3.3.53 Coal Production in the East Following a major contraction in coal production since Midlands 1992, most of the Region’s remaining pits are closing. The main concerns raised are the social and economic impact on local communities affected by pit closures along with the reclamation of the colliery tips and redevelopment of the colliery sites. Paragraph 3.3.55 Restoration of Minerals Sites When extraction of minerals is complete, restoration of sites can provide a range of opportunities for new uses, including recreation and landfill. Opportunities should be taken for enhancing the overall quality of the environment, including increased public accessibility. Provision should be made for long term management of such assets 37 Regional Priorities for These priorities include identifying and safeguarding the Minerals opportunities for transportation by rail and safeguarding sites suitable for recycling, reprocessing and transferring materials including construction and demolition wastes. Paragraph 3.3.57 Regional Priorities for Waste Objectives include taking a flexible approach to other Reduction and Waste forms of waste recovery. Management Paragraph 3.3.66 Regional Priorities for Waste Waste Planning Authorities should consider the potential Reduction and Waste synergies with existing land uses such as redundant Management mineral workings. 38 Regional Priorities for Waste In the Northern Sub-area a broad pattern of facilities Reduction and Waste should combine a centralised strategy of large facilities on Management previously used land, including former colliery land, with the expansion of existing facilities. Waste Development Plan documents should secure high standards of restoration and aftercare, particularly those relating to biodiversity, recreation and amenity. 41 Regional Priorities for Encourages new provision of such facilities. Culture, Sport and Recreation 43 Regional Transport Includes the objectives to reduce traffic growth and Objectives promote the modal shift away from the private car.
55 Implementation of the The priorities of this include achieving significant modal Regional Freight Strategy shift from road to rail. Paragraph 4.3.7 Northern Area Sub-Regional Objectives include the promotion of environmental Strategy enhancement as a fundamental part of the regeneration of the Sub-area. Paragraph 4.3.41 Northern Area Sub-Regional There remain significant areas of degraded and derelict Strategy land, principally as a result of past mining. Enhancement of these areas is not straight forward if there is no economic end use identified. Policies and proposals are needed to encourage the use of land for habitat creation, landscape enhancement and to provide opportunities for informal recreation.
Waste Core Strategy
4.75 Following the adoption of the Planning & Compulsory Purchase Act (2004), planning authorities are required to produce a series of new Development Plan Documents, known as the Development Framework Documents. Nottinghamshire County Council is preparing the Waste Core Strategy which when adopted will replace the Waste Local Plan. The Nottinghamshire Minerals & Waste Development Framework Minerals & Waste Development Scheme (June 2007) outlines the timetable for the emergence of the LDF documents, including the Supplementary Planning Documents (SPDs). One of these SPDs is intended to
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cover waste. Until this time, however, the Waste Local Plan remains part of the adopted Development Plan Documents.
4.76 Once adopted, the Waste Core Strategy will set out the approach to future waste management in the County. The policies that will be contained within the Core Strategy are currently being formed and an informal consultation on the draft policies was held during October 2010. This consultation will help the waste planning authority to choose a ‘preferred approach’ before a ‘Submission Draft Document’ is prepared. A consultation will take place at each of these stages. It may be several years before the Waste Core Strategy is adopted.
4.77 The current version of the Waste Core Strategy does not contain any draft policies. However, Section 6 of the document considers the location and types of site for the treatment and disposal of waste. Figure 7 in Section 6 identifies that derelict land such as former colliery sites in need of restoration are likely to be suitable for a range of waste facilities. Figure 7 shows that disposal of waste by landfill or landraise would be suitable for colliery sites.
The Nottinghamshire & Nottingham Waste Local Plan January 2002
4.78 The Nottinghamshire Waste Local Plan (WLP), jointly produced by Nottinghamshire County Council and Nottingham City Council, was formally adopted in January 2002 and covers the whole of Nottinghamshire. Following the adoption of the Planning & Compulsory Purchase Act in 2004, the Waste Local Plan is to be replaced by the new Waste Core Strategy and other Development Framework Documents, as rehearsed above. However, whilst the Development Framework Documents are under preparation, the majority of the policies in the WLP have been saved and still form part of the adopted Development Plan. At this time, the saved policies within the WLP are therefore still relevant.
4.79 The WLP sets out the broad land use framework for future waste management in Nottinghamshire and covers all forms of waste, including household, commercial, industrial and construction wastes. The WLP identifies potential future sites for new facilities such as waste transfer, recycling, composting, energy recovery and landfill. It also sets out the detailed environmental and other criteria against which all applications for waste management will be judged.
4.80 The plan’s strategy is to encourage waste management options that minimise the environmental disturbance, while ensuring an adequate number and mix of sites to meet Nottinghamshire’s needs. The current plan is therefore based on four key objectives:
Protecting the environment. The efficient use of resources. Controlling pollution. Encouraging public awareness and involvement.
4.81 The WLP was produced within the policy context of the National Waste Strategy ‘Waste Strategy 2000’. This sets wide-ranging targets for reducing the proportion of controlled waste going to landfill and the contribution to be made by alternative methods of waste management, including reduction, recycling, composting and energy recovery. These targets are designed to meet the requirements of the European Landfill Directive. The Waste Strategy 2000 confirms a change to the waste hierarchy by further tiering the ‘recovery’ category to give preference to the recovery of materials over energy recovery where practical.
4.82 Relevant policies contained within the Waste Local Plan are set out in the table 4.2:
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Table 4.2 Relevant Policies within the Waste Local Plan Policy Reference Policy Title Summary of Policy W3.1 Information requirements Requires planning proposals for waste management facilities to be accompanied by sufficient information to enable a balanced assessment of all relevant factors to be made, including on the need for the facility; the landscape and ecological importance of the site; estimated life of operations and rate of importation, types of waste material; transportation arrangements including traffic generation and routing; hours of operation; employment implications; measures to minimise pollution and environmental disturbance; impact on existing and adjacent land uses; impact upon public rights of way; proposed landscaping measures and boundary treatment of the site and their long term management; aftercare; after-use; and the long term management provisions. W3.3 Planning conditions on Planning conditions will be used on all planning associated plant, buildings permissions for granted waste management facilities to and storage areas control the location, extent and design of all plant, buildings and storage areas to minimise their visual impact and ensure an appropriate external appearance. W3.4 Screening and Landscaping Requires planning permissions for all waste management facilities to include screening and landscaping proposals to reduce their visual impact. In addition, details of the method of working and phasing may be controlled to cause least visual intrusion. Details of the location, size, shape and treatment of any temporary soil, overburden, waste mounds and waste container storage areas may also be required. W3.5 Environmental Pollution and Planning permission will not be granted for a waste Health Policy – ground water management facility where there is an unacceptable risk and surface water of pollution to groundwater or surface water or where it affects the integrity or function of floodplains, unless the harm can be mitigated by engineering and/or operational management measures. W3.6 Protection of Surface and In order to protect surface and ground water resources Groundwater Resources conditions may be imposed on planning permissions that could include: lining and capping of waste disposal sites; leachate management and monitoring systems; impermeable hardstanding where waste is to be stored, handled or treated; measures to control diesel, oil or chemical spillage; separate drainage systems for clean and dirty site run-off; and restrictions on waste types. W3.8 Litter Control Conditions will be imposed on waste management facility planning permissions to prevent litter nuisance. Such measures may include the enclosure of waste storage areas; the sheeting of lorries; the collection of wind-blown litter; and the daily cover at waste disposal sites. W3.9 Noise Impact Conditions will be imposed on waste management facility planning permissions to reduce the potential noise impact from such sources of noise as mobile plant, dumper trucks and compactors. Such restrictions may include a restriction on the hours of operation; sound-proofing of fixed and mobile plant; stand-off distances between operations and noise sensitive locations; and noise baffle mounds. W3.10 Dust Generation Conditions will be imposed on waste management facility planning permissions to suppress dust generation. Such measures may include the use of water bowsers on haul roads; screen banks; enclosing dust-generating fixed plant and machinery; siting dust-generating operations away from sensitive areas; temporary suspension of operations when necessary; and the use of tree screens where relevant. W3.11 Mud Generation Conditions will be imposed on waste management facility planning permissions to prevent mud and other
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Policy Reference Policy Title Summary of Policy deleterious material contaminating public highways. Such conditions may include wheel cleaning facilities and metalling haul roads near their point of access onto the public highway. W3.14 Transport Impact Planning permission for a waste management facility will not be granted if the vehicle movements likely to be generated cannot be satisfactorily accommodated by the highway network or if unacceptable disturbance to local communities were to result. W3.15 Routeing Where appropriate, conditions may be imposed on a planning permission for a waste management facility to ensure that a routeing agreement be secured for all lorry movements. Highway improvements may also be sought where necessary W3.16 Bulk Transport The bulk transport of waste by rail, barge, pipeline or conveyor will be permitted where this would result in an overall environmental benefit. Bulk movement by rail or water can help reduce the environmental impacts of waste management operations. It may also make it more feasible to transport waste over large distances, where there are no suitable local waste management options. W3.26 Public Rights of Way Where a waste management facility would temporarily or permanently disrupt public rights of way, planning permissions will not be granted unless alternative routes of at least equivalent interest or quality are available. W3.29 Landscape Character and Planning permission will not be granted where a waste Amenity Settlements management facility would result in cumulative, significant, adverse impacts on the existing landscape character and/or the amenity of nearby settlements. W4.1 Reclamation and After-use When planning permission is granted for waste disposal, conditions will be imposed, where relevant, to ensure a phased sequence of disposal operations, reclamation and implementation of the planned after-use. It is essential that reclamation schemes are fully designed at the planning application stage. Where practicable, waste disposal sites should be reclaimed in progressive phases to minimise the environmental impact. Early reclamation of those parts of the site which are most visible from sensitive areas may be an important consideration. However, whilst planning conditions can control the phasing of operations, they cannot normally require third parties to supply waste at the rates assumed at the planning application stage. As a first step, it is important that adequate evidence is supplied to demonstrate that the disposal routes are realistic and to assess what uncertainties exist. W4.2 Acceptable Timescale Planning permission will only be granted where satisfactory evidence has been provided to show that sufficient waste material is likely to be available to achieve reclamation of the site within an acceptable timescale. W4.4 Settlement Planning permission for waste disposal will not be granted unless there is sufficient information to demonstrate that the reclamation scheme has taken account of the predicted settlement. W4.5 Soil Conservation Proposals for the reclamation of a waste disposal site should include measures to ensure the proper stripping, storage and replacement of the original, or suitable alternative soil profile. Where soils are absent or deficient, schemes should include measures to ensure that a viable vegetation cover can be established. W4.6 Landscape Treatment Proposals for the reclamation of a waste disposal site should include landscape proposals in the form of an overall landscape concept or master plan; details of the final landform, which should harmonise with the existing landscape character; and the location, form, number, species, size, method of planting, site preparation and
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Policy Reference Policy Title Summary of Policy any necessary measures for replacement plant material which fails following initial planting. W4.7 Premature Cessation of When planning permission is granted for waste disposal, Waste Disposal conditions will be imposed to ensure that an alternative reclamation scheme is submitted and implemented in the event of the premature cessation of importation of wastes, or when the original reclamation conditions become impractical to implement. W4.8 Reclamation of Existing Alternative reclamation schemes which result in the Disposal Sites satisfactory reclamation and after use of waste disposal sites are supported where the current appearance is unsatisfactory and the existing provisions for reclamation are unsatisfactory, inappropriate or absent. Initiatives which assist in the improved reclamation of areas damaged by waste disposal operations are therefore encouraged and supported. W4.9 Aftercare Aftercare conditions will be imposed on all planning permissions for waste disposal where reclamation is to be for agriculture, forestry or amenity. W4.10 After-use Full details of proposed after-use which should be designed to maximise opportunities to enhance the environment should form part of the planning permission for the reclamation of waste disposal sites.
W4.11 After-use Management Management or other agreements are necessary for the Agreements successful implementation of an after-use of a waste disposal site. Paragraphs 4.44 Recreational After-use Most recreational after-uses of waste disposal sites are to 4.46 land based, informal leisure facilities. Schemes often include footpaths, cycle and bridleways, particularly when near to urban and village centres. There may be opportunities to link other recreational sites through well maintained multi-user routes. Recreational after-uses should be properly considered at the planning application stage, taking into consideration highway implications, access to the site, location of car parking and areas of landscape treatment. Paragraph 10.7 Landraising The environmental impacts relating to landraising schemes are in many respects similar to those of landfill. The main difference is that because all activities are above ground, there is greater potential for adverse visual, noise, odour and litter impact. Landraising also creates artificial contours and changes in drainage patterns, unlike landfilling which generally restores land back close to its original form. Paragraph 10.8 Shortfalls in Disposal The adequacy of existing disposal facilities varies Capacity considerably between sites, waste categories and parts of the County. For some major categories, such as power station ash, the existing permitted capacity is adequate for the Plan period. However, a number of sites receiving household, industrial, commercial, demolition and construction waste will be filled before or soon after the end of the Plan period. Unless additional capacity is permitted, significant shortfalls are expected to arise by the end of the Plan period and further shortfalls are expected soon afterwards. W10.1 Reclamation of Mineral or Proposals for the reclamation of mineral or other voids other Voids and/or incomplete colliery spoil heaps through waste disposal will be permitted provided that they achieve environmental benefits; meet a recognised need for additional disposal capacity; and do not have an unacceptable environmental impact. Paragraph 10.19 Mineral Sites and Incomplete In Nottinghamshire, opportunities to gain environmental Colliery Spoil Heaps improvements through waste disposal comprise the infilling of mineral and other voids such as disused railway cuttings, and the reclamation of incomplete spoil tips. The
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Policy Reference Policy Title Summary of Policy lattermost situation has arisen due to the recent rapid contraction of the deep mine coal industry, which has caused the closure of 15 collieries in the County since 1993. Many of these are now subject to recently-agreed reclamation schemes to various after-uses. In considering such sites, the value of any nature conservation interest, which may have arisen due to natural regeneration or planned restoration, will need to be taken into account.
Nottinghamshire Minerals Local Plan (December 2005)
4.83 The Nottinghamshire Minerals Local Plan (MLP) was formally adopted in December 2005 and covers the whole of Nottinghamshire. Following the adoption of the Planning & Compulsory Purchase Act in 2004, the Minerals Local Plan is to be replaced by the new Minerals Core Strategy and other Development Framework Documents. However, whilst the Development Framework Documents are under preparation, the majority of the policies in the MLP have been saved and still form part of the adopted Development Plan. At this time, the saved policies within the MLP are therefore still relevant.
4.84 The MLP also concerns the issue of reclamation of former minerals sites. The MLP stresses the importance of making sure that mineral extraction and reclamation are properly designed at the planning application stage to ensure that both are technically and economically feasible and that the impact can be fully assessed (paragraph 41).
4.85 Relevant policies contained within the Minerals Local Plan are set out in table 4.3:
Table 4.3 Relevant Policies within the Minerals Local Plan Policy Reference Policy Title Summary of Policy M4.4 Landscape Treatment Where planning permission involves the reclamation of mineral workings, landscaping proposals will be required that include: (a) an overall landscape concept or brief; (b) details of the final landform which should harmonise with the existing landscape character and aim to promote strategic landscape features; (c) the location, form, numbers, species, size and method of planting; (d) details of establishment, maintenance and longer-term management proposals, including measures for replacing failed planting. Paragraph 4.12 Reclamation with fill Historically, the main sources of waste used for reclamation in mineral workings have been pulverised fuel ash (PFA) and domestic, industrial and commercial waste. The use of these wastes for reclamation has declined over recent years. Paragraphs 4.15 Reclamation with fill There may be reclamation proposals that only require the to 4.16 importation of low volumes of inert waste, possibly just a few thousand tonnes a year. Where this represents the optimum reclamation solution such proposals may be acceptable even where no shortfalls have been identified in the Waste Local Plan so long as the amount of waste does not significantly affect established waste disposal schemes. In accordance with the principles of sustainable development, such proposals need to demonstrate that they are not accepting inert waste that is more suitable for use as a secondary aggregate. If that cannot be demonstrated then the proposal is unlikely to be in accordance with the Waste Local Plan Policy W2.1 (The Waste Hierarchy). M4.6 Small schemes for Mineral reclamation proposals reliant on the importation of reclamation with inert fill a small quantity of inert waste will be permitted where
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Policy Reference Policy Title Summary of Policy they provide the optimum reclamation solution and there are no unacceptable environmental impacts and where it is not practical to use the waste as a secondary aggregate. Paragraph 4.28 Reclamation Proposals for Some sites exist where reclamation requirements have Existing Sites not been, or cannot be, met. These give rise for concern. Under such circumstances the County Council will normally encourage and support initiatives which assist in the reclamation of areas damaged by former mineral workings. M4.8 Reclamation Proposals for Alternative reclamation proposals will be granted which Existing Sites would result in the satisfactory reclamation and after-use of mineral workings where: (a) current use and/or appearance is unsatisfactory; (b) the existing provisions for reclamation are unsatisfactory, inappropriate or absent; (c) the proposals result in an improved environmental and/or amenity after-use. M4.9 Aftercare The County Council will attach aftercare conditions to all mineral planning permissions where reclamation is to agriculture, forestry or amenity. Paragraph 4.30 Aftercare In most cases the aftercare condition will cover a maximum period of 5 years from compliance with the restoration condition. Aftercare conditions cannot be used to secure the long-term management of land. Paragraph 4.32 After-use After-use options include agriculture, forestry, nature conservation, recreation and industrial or built development. At some sites more than one after-use may be possible. M4.10 After-use – Details Required Where planning permission involves the reclamation of and Objectives mineral workings, schemes should include full details of the proposed after-use and be designed to maximise opportunities to enhance the environment, biodiversity and amenity of the local community. Paragraphs 4.38 Nature Conservation After- Proper planning is needed to develop the full potential of to 4.41 use sites. Proposals should show how the site will be established and managed and the extent of public access. Paragraphs 4.42 Woodland After-use Woodland planting is specifically encouraged in the to 4.43 Sherwood Forest area and within the Greenwood Community Forest. Paragraph 4.46 Heathland/Acid Grassland Mineral workings and colliery tips can provide After-use opportunities to create matrix areas of lowland heathland and acid grassland, which have been very scarce throughout Great Britain. M4.13 Heathland/Acid Grassland The County Council will permit the restoration of After-use Sherwood sandstone quarries and colliery spoil tips to heathland and acid grassland. Operators are encouraged to seek to maximise the use of plant material of local genetic stock. Paragraphs 4.51- Recreational After-use Recreational options for dry sites can include public open 4.52 spaces. Colliery tips which are often close to settlements may be particularly suited for this purpose. Where appropriate, such schemes must have adequate long- term management provisions. Recreational schemes must demonstrate that they are able to meet the physical requirements of the proposed activity. Access, parking and other facilities need to be considered, along with other factors such as traffic generation and noise. Paragraph 12.8 – Method of Working and The majority of surface tipping of spoil gives rise to spoil 12.20 Environmental Impact heaps immediately adjacent to the originating colliery. Individual heaps may exceed 100 hectares and rise to 50 metres above ground level. Whilst visual intrusion is the most obvious impact, noise, dust and water contamination may also occur. Spoil can also be disposed of at remote sites or also back stored underground, but this is rarely a
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Policy Reference Policy Title Summary of Policy viable or practical option. Furthermore, in the past tips are often located close to residential areas and had a very detrimental effect on the amenities of whole communities. Recent planning permissions for tipping have sought to minimise the environmental impact by ensuring that the reclaimed tip will blend into the surrounding landscape. Where possible, improvements to existing adjacent tipping areas have also been included. M12.3 Colliery Spoil Disposal When planning permission for colliery tipping is granted the County Council will impose conditions to ensure that schemes are designed so that:
(a) priority is given to the early construction and reclamation of external, visible faces; (b) tipping profiles avoid ‘engineered’ or other alien landforms; (c) opportunities are taken to improve the appearance of existing adjacent tipping schemes; (d) reclamation is phased to minimise visual impact and problems of surface run-off; (e) opportunities are taken to reclaim sites to suitable local Biodiversity Action Plan priority habitats. Paragraphs 12.27 Reclamation and After-use Reclaimed tips may provide suitable sites for increasing and 12.29 woodland and heathland cover in accordance with the Local Biodiversity Action Plan. Some tips, especially those close to settlements, may be suited to recreational after-use. The premature closure of collieries has often meant that existing reclamation schemes cannot be achieved. For example dry dirt tips may fall short of approved contours.
The Bassetlaw Local Plan (October 2001) and the Mansfield District Local Plan (November 1998)
4.86 Whilst the proposal falls to the County Council to assess, as determining authority, the local District Council level planning policy context is also of relevance. The majority of the application site lies within the Bassetlaw District, although part of the site also falls within the Mansfield District area. Both District Councils are currently producing their Local Development Framework. Whilst these are under preparation, the saved policies of both Local Plans provide the District level planning policy context.
4.87 The relevant policies of the Bassetlaw Local Plan are set out in table 4.4:
Table 4.4 Bassetlaw Local Plan Policies Policy Reference Policy Title Summary of Policy 6/4 Special Landscape Area Within the designated Special Landscape Area proposals Protection that would have an adverse effect on the area’s outstanding landscape and archaeological, ecological and geological features will not be permitted. 8/1 New Recreational Facilities New recreational development within settlement within Settlement Boundaries boundaries will be granted provided that it does not create or aggravate environmental, amenity, safety or traffic problems, or adversely affect the character of the surrounding area. 8/2 New Recreational Facilities New recreational development outside settlement Outside Settlement envelopes will only be granted where the nature of the Boundaries proposed use is such that it requires a rural location; that the proposal will not create or aggravate environmental, amenity, safety or traffic problems; and that the proposal will not adversely affect the character or appearance of the surrounding area. 8/4 Rights of Way Planning permission will not be granted for development
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Policy Reference Policy Title Summary of Policy likely to result in the loss of public footpaths, bridleways, cycleways and byways open for all traffic unless a satisfactory diversionary route is provided.
4.88 The relevant policies of the Mansfield District Local Plan are set out in table 4.5:
Table 4.5 Mansfield District Local Plan Policies Policy Reference Policy Title Summary of Policy BE16 Environmental Planning permission will not be granted for developments Improvements that would prevent the implementation of environmental improvements which aim to improve prominent vacant/derelict sites or improve the appearance of colliery spoil complexes. NE1 Development in the Planning permission for developments outside the urban Countryside boundary will only be granted for developments that, amongst others, can only be undertaken in a rural location; or are for outdoor recreation and tourism-related uses whose nature and scale are in keeping with the rural character of the area. All proposals should not cause harm to the rural environment and must relate sympathetically to their surroundings. DWM1 Derelict Land Planning permission for developments outside the urban boundary will only be granted for developments that, amongst others, can only be undertaken in a rural location; or are for outdoor recreation and tourism-related uses whose nature and scale are in keeping with the rural character of the area. All proposals should not cause harm to the rural environment and must relate sympathetically to their surroundings. Paragraphs Coal The legacy of former collieries, such as Welbeck, and 10.6.1 their associated tipping activities, is a major issue of concern. The District Council will, in conjunction with the County Council, seek to ensure the satisfactory restoration of former colliery sites and tips and bring them back into appropriate beneficial uses, including recreational uses.
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5.0 LANDSCAPE AND VISUAL ASSESSMENT
Introduction
5.1 This Chapter of the ES is concerned with the predicted effects that the proposed scheme would have both on the landscape of the site and the surrounding area, in terms of its physical features and character; and on the views across the area that are presently available to the public from publicly accessible land or to residents of neighbouring dwellings.
Assessment Methodology
5.2 The methodologies adopted for this Landscape Character and Visual Assessment are based on guidance given in the publications ‘Guidelines for Landscape and Visual Impact Assessment’ by the L.I. and I.E.M.A.’ (Second Edition) 2002, and ‘Landscape Character Assessment: Guidelines for England and Scotland’ by Scottish National Heritage and The Countryside Agency (Natural England) 2002.
5.3 An important part of the assessment has been the on-site work, which involved a landscape survey on site and in the walking of footpaths and traversing of roads within the vicinity of the site. Views to the site from the surrounding countryside and from the edge of Meden Vale, Church Warsop and Cuckney were given particular attention.
5.4 By consideration of the position of the development within the landscape; the local topography; and the size of the site and extent of the proposals, the geographical study area for this assessment has been confined to a 2.5 km radius around the site. In general, beyond 2.5 km the potential for the proposed changes to the site to be perceivable is either negligible or not possible.
5.5 The landscape survey work was undertaken in the Spring and Summer of 2011 when trees and hedgerows were in full leaf; potential reduction in the screening effects that the established vegetation may present, by the loss of leaves in winter, will be taken into consideration. The visual appraisal was undertaken in the Winter of 2010/11 (see section on Visual Appraisal below), so that the findings of the assessment give a ‘worse case’ scenario for the views into the site that will affect the visual and landscape receptors.
5.6 The survey work was followed by a desk-top study and internet research, with particular reference to the following documents:
Ordnance Survey Data; Bassetlaw District Local Plan (July 2006); Bassetlaw Core Strategy 2010 (Nov 2010); Mansfield District Local Plan (April 2001); Newark & Sherwood District Local Plan (adopted 1999) and Core Strategy; Nottinghamshire County Council Regional Character Areas (2009); and Photographs of the site and the surrounding area.
Landscape Planning Context
5.7 The site lies within the bounds of two District Councils – Bassetlaw covering the northern half of the site, and land beyond to the north; and Mansfield covering the southern half and land beyond to the south. To the east is Sherwood Forest, so that the western edge of Newark & Sherwood District also just enters upon the site’s 2.5 km radius study area.
5.8 Bassetlaw District Council formally submitted the Bassetlaw Core Strategy and Development Management Policies Development Plan Documents (DPDs) to the Planning Inspectorate on Monday 31 January 2011. The Newark & Sherwood Core Strategy DPD was adopted in March 2011. Mansfield District Council is still going through the consultation stage and has not yet adopted a core strategy.
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5.9 For consistency and ease of reference, the areas/land parcels within the site’s 2.5 km study area that are covered by the saved Local Plan policies relevant to landscape from all three district councils are illustrated together on Figure 5.1.
5.10 By reference to Figure 5.1, it is clear that the site lies within the context of landscapes considered to be special, either in terms of attractive landscape or heritage. Sherwood Forest Heritage Area comes to within 1.0 km of the eastern edge of the site, and to the north the grounds of Welbeck Park and Abbey are 2.0 km away.
5.11 The northern half of the site lies within the Special Landscape and Heritage Area under Bassetlaw’s District Local Plan Policy no. 6/4, which states that ‘Within the Special Landscape and Heritage Area identified on the Proposals Map, development will be strictly controlled and proposals, which would have an adverse effect, on the area’s outstanding landscape and archaeological, ecological and geological features, will not be permitted’.
5.12 In spite of the site’s landscape and heritage context, the spoil heap forms part of the Welbeck Colliery site and lies immediately alongside Meden Vale, which in turn is a settlement closely linked to Church Warsop and Market Warsop, all of which are excluded from the areas considered worthy of special protection. Only the very centre of Church Warsop is set apart from the surrounding settlement by being designated as a Conservation Area.
5.13 Mansfield District Council has also set aside particular protection to areas of landscape that presently divide towns in order to prevent the coalescence of separate settlements. Those areas shown as ‘Landscape Areas’ between Meden Vale, Church Warsop and Market Warsop on Figure 5.1 are to remain undeveloped for this reason (Local Plan policy NE4). One such landscape area abuts the site on its south-west boundary.
5.14 A number of leisure routes pass through the study area, including Sustrans cycle routes, and The Robin Hood Way Long Distance Footpath, as shown on Figure 5.2.
Baseline Conditions
Landscape Character, Capacity and Sensitivity
5.15 Generally, a landscape character will have least capacity to accept change if the change proposed involves elements that do not already exist or if the landscape character is particularly sensitive to change. The character of a site might be sensitive to change because it is very visible in the landscape, so an exposed landscape of scenic beauty would probably be spoiled by most forms of development; but if the character of the site and its surrounds is considered to be poor, such a change may be beneficial rather than adverse. A site is also more likely to be sensitive to change if it is a mature landscape with long-established features or historical connotations; in which case a development upon it might remove those connotations without the possibility of them being reinstated in the short term.
5.16 To determine the sensitivity and landscape capacity of the site, then, it is necessary to assess the character of the area in which the site lies, and the contribution the site makes to that character; and to consider whether the development proposed upon it would so change the site that it would significantly alter the character of the area as a whole.
5.17 To make such a judgment it is necessary to be informed by the following;
the site’s position and orientation in the landscape; the character of the area; the site’s physical condition and inherent character; the site’s visibility in the landscape; and the form of development proposed.
5.18 The above characteristics of the site and its surroundings will be assessed within this chapter.
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Adopted Local Character Assessments
5.19 Prior to assessing the particular landscape character of the site, the Character Assessments undertaken by Nottinghamshire County Council have been reviewed where they are relevant to the site and/or its surroundings.
Nottinghamshire Landscape Assessment
5.20 The Nottinghamshire Landscape Assessment identified a number of areas of different character throughout the county, and went on to break these areas down further into policy zones within which recommendations for the improvement and/or conservation of the landscape are applied.
5.21 By reference to Figure 5.3, the two Landscape Character Areas (LCAs) which cover the study area are those of the Sherwood LCA and the Magnesium Limestone LCA. Of Sherwood LCA, Policy Zones SH25, SH28, SH29, and 31 are applicable; of Magnesium Limestone LCA, the Policy Zones ML12 and ML13 are applicable.
5.22 Policy Zone SH25 ‘Birklands Wooded Estatelands’ covers the tract of wooded landscape between the Meden and Maun rivers, stretching from Mansfield in the west to Edwinstowe in the east. The northern sector of the zone reaches the edge of the Meden floodplain, approximately 0.6 km from the site at its closest point. Photo View 8 is taken across this Landscape Type Policy Zone.
5.23 The zone is characterised by the following visual features:
Undulating topography. Frequent views of wooded skylines. Geometric pattern of medium to large-scale arable fields. Trimmed hawthorn hedges. Large coniferous plantations. Scrubby semi-natural woodland and heaths with ancient-stag headed oaks. Strong heathy character (bracken, gorse and broom species).
5.24 The zone is rated as having a moderate overall sensitivity, and the following actions are recommended for its landscape:
Conserve and reinforce the ecological diversity and distinctive character of heathland and semi-natural woodland habitats. Conserve and reinforce existing hedgerows and seek opportunities to restore the historic field pattern with new hedgerow planting with some hedgerow trees, where appropriate. Restoring areas of arable land to semi-natural oak woodland and heathland. Conserve all existing heathland sites. Reinforce the existing level of tree cover and use oak and birch along woodland edges and rides.
5.25 Policy Zone SH28 ‘Meden Vale and Church Warsop’ (south) in the context of the study area covers the floodplain of the River Meden. The zone is characterised by the following features:
River Meden, River Maun, Thoresby Lake. Linear sections of flood meadow. Deciduous woodland belts aligning the river corridor. Mix of oak and poplar with heathland understorey.
5.26 The zone is rated as having a moderate overall sensitivity, and the following actions are recommended for its landscape:
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Conserve the character, pattern, ecological diversity and biodiversity of the River Meden corridor and surrounding flood meadow, seek to enhance as appropriate. Conserve the structure of existing woodland and flood meadow and seek to enhance and reinforce as necessary to encourage greater habitat diversity as appropriate.
5.27 Policy Zone SH29 ‘Meden Vale and Church Warsop’ (north) in the context of the study area covers land to the east, north and west of Meden Vale between Church Warsop in the west and the B6034 in the east. s 13 & 16 are taken across Policy Zone SH29. The site lies within this policy zone. The zone is characterised by the following features:
Medium scale arable farmland. Intensive pig farming and a small amount of rough grazing. Lady Margaret Hall, part of the Welbeck Estate. Stone and red brick built farmhouses and dwellings. Coniferous and deciduous woodland blocks.
5.28 Significantly, the following elements within the landscape are listed in the assessment as being detracting features:
Low voltage power lines. Agricultural sheds. The A616 trunk road. The spoil heaps and mineral railway of Welbeck Colliery.
5.29 The zone is rated as having an overall high landscape sensitivity, and the following actions are recommended for its landscape:
Conserve woodland blocks and reinforce as necessary. Seek opportunities to restore arable land to pasture. Conserve historic field pattern, restoring poor hedgerow boundaries where necessary. Seek opportunities to create areas of heathland where appropriate.
5.30 Policy Zone SH31 ‘Worksop’ just crosses into the northern edge of the study area in the vicinity of Carburton Dam on the River Poulter. The zone is characterised by the following features:
Mixed Scots pine and birch woodland blocks. Single species (Scots pine/birch) woodland blocks/plantations. Worksop College and grounds. Welbeck Parkland. Worksop Golf Course and College Pines Golf Course.
5.31 The zone is rated as having a moderate landscape sensitivity overall and the following actions are recommended for its landscape:
Conserve the remaining historic field pattern, restoring hedgerow boundaries where necessary. Create new hedgerows to replace post and wire fencing. Conserve and enhance the wooded character of the area, in particular the single species blocks. Seek opportunities to create areas of heathland where appropriate.
5.32 Policy Zone ML12 ‘Welbeck’ lies alongside zone SH31 and encompasses much of the Welbeck Estate north of Norton hamlet - see Photo View 9 for an example of the landscape in this zone. The following characteristics are recorded within the zone:
The Welbeck Estate, including visitor facilities and the abbey ruins. Large scale intensive arable and pastoral farmland. Extensive fields – absence of hedgerows. Stone buildings and field boundaries within the Estate.
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More recent brick built development at Norton. Small woodland blocks, tree avenues and individual parkland trees. Welbeck Lake [SINC and SSSI].
5.33 The zone is rated as having a high landscape sensitivity overall, and the following actions are recommended for its landscape:
Seek opportunities to restore the historic field pattern/boundaries where these have been lost and introduce more hedgerow trees. Conserve permanent pasture and seek opportunities to restore arable land to pastoral. Conserve ecological designations and Cow Close Wood [ancient woodland], enhance biodiversity where appropriate.
5.34 Policy Zone ML13 ‘Holbeck & Cuckney’: This landscape policy zone enters the north-western edge of the study area in the vicinity of Cuckney, and displays the following characteristics:
Expansive agricultural landscape with straight field boundaries. Sparse built development, stone buildings/red brick farmsteads and farmhouses/modern agricultural buildings. Creswell Crags [SINC and SSSI]. Low tree cover of coniferous plantation, deciduous woodland and few individual field trees.
5.35 The zone is rated as having a moderate landscape sensitivity overall, and the following actions are recommended for its landscape:
Conserve hedgerows and reinforce where they have become thin and are in poor condition, particularly along roadsides. Seek opportunities to restore the historic field pattern/boundaries where these have been lost and introduce more hedgerow trees where appropriate. Conserve and reinforce the ecological diversity of the designated SINCs and enhance where appropriate. Seek opportunities to restore arable land to pasture. Enhance visual unity through further appropriate tree and woodland planting.
5.36 Please refer to Photo Views 7 & 10 for a typical view across Zone ML13.
The Site’s Physical Condition and Inherent Character
5.37 In terms of physical condition, land use and character, the Welbeck Colliery complex may be divided into 4 distinct areas, as follows:
AREA A - The semi-derelict colliery works (proposed employment site). AREA B - The restored southern half of the spoil heap. AREA C - The unrestored northern half of the spoil heap. AREA D - The sports fields and village community facilities.
5.38 These areas are labelled on Figure 5.4. Areas B & C together comprise a man-made hill that forms part of the topographical landscape, and it is the unrestored northern section of the hill that forms the majority of the site. In addition, the site includes an area made temporarily available for construction, which includes the disused railhead and an area to the north-east of the former colliery buildings to be used as the soil management area. The other areas that make up the Welbeck Colliery complex are outside the scope of this landscape and visual assessment.
5.39 Area B, the restored southern half of the spoil heap, is shown in part in the Photo Views 1 & 2 on Plate 1 and View 5 on Plate 3. The landform is smooth-flowing without abrupt changes in level, generally on a grade of 1:6 but with some of the slopes steeper, up to 1:3. The surface cover is largely meadow grassland, but with an average 50 metre wide strip of semi-mature
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woodland along the south-east toe of the spoil heap and a younger plantation covering part of the south-west sector of the site.
5.40 Area C, the unrestored northern half of the spoil heap, is shown in part in Photo Views 3 & 4 on Plate 2. The landform is variable, ranging from gently sloping lower-level sections to steep, almost vertical escarpments. The majority of the land surface is unvegetated mining spoil, although there are a few restricted areas that have a covering of rough grass. Although tipping has ceased, machinery is still active on the site due to ongoing site management operations.
5.41 The site’s own character is determined both by the landscape features that exist on it, and those features of the surrounding area that are visible from it, or perceived so to be. The most significant features in the formation of landscape character are topography and vegetation, but other features such as structures and watercourses are also important. The landscape features considered to be influencing character in the case of the Welbeck Colliery spoil heap site are shown on Figure 5.5.
Contextual Landscape
5.42 As shown on Figure 5.5, the site’s contextual landscape is dominated by woodland, not least by Sherwood Forest and it’s western outliers; although to the south-west and north-west the fertile floodplains and terraces of the Rivers Meden and Poulter respectively have given rise to productive farmland rather than wooded landscape.
5.43 Whereas the farmed Meden valley is narrow, with land rising quickly from 50 m Above Ordnance Datum (AOD) to approximately 100 m AOD within 1.0 km of the river or less, the Poulter Valley stretches much wider to the north, encompassing land between Cuckney, Holbeck, Creswell and Langwith. Dividing the Meden and Poulter Valleys is a ridge of rolling high ground, of which the Welbeck Colliery spoil heap forms a part. Commensurate with the afforested landscape in the east, the northern slopes of the ridge are wooded.
Settlement and Transport Routes
5.44 The village of Meden Vale has developed on Netherfield Lane alongside the upper reaches of the River Meden, which occupies a fairly narrow valley between Market Warsop in the west/south-west to Thoresby and beyond in the east. Meden Vale is one of a number of settlements which has grown up within a wedge of land between the M1 Motorway in the west and the Sherwood Forest National Nature Reserve in the east.
5.45 The villages of Meden Vale and Church Warsop are only separated by 300 m. Netherfield Lane continues westwards into Church Warsop, where it meets the A60 Mansfield to Worksop Road, which in turn heads south into Market Warsop, with only the width of the Meden River crossing to separate the two Warsops. Thus there is almost a continuous built character to the landscape through which travellers pass on their way from the eastern edge of Meden Vale to the southern exit of the A60 out of Market Warsop.
5.46 Heading north out of Church Warsop, after approximately 2.0 km, the A60 passes through the village of Cuckney, which is one of a number of small settlements that have developed on the banks of the River Poulter. To the north-east of the village, within less than 1.0 km, is the hamlet of Norton, again on the edge of the Poulter River.
5.47 In addition to the A60 trunk road passing from north to south, the A616 passes east to west from Ollerton to Cuckney, and then splits to carry on westwards to Langwith and Creswell. Elsewhere in the Poulter Valley, country lanes link the villages and farmhouses and the occasional isolated homesteads.
On-site Features
5.48 The site and its immediate surroundings are shown on Figure 5.6 and on Photo Plates 1-3. As shown on the figure, the Site (which comprises the unrestored northern section of the spoil
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heap) is surrounded by grassland and young tree plantations on the restored southern section of the spoil heap, established woodland to the north and west, and recently cleared colliery works to the east.
5.49 A stockpile of soil is stored at the very apex of the spoil heap summit at the divide of the restored and unrestored sections. The stockpile rises above the ridge height of the spoil heap by between 5 and 10 m. The stockpile is visible in many of the views of the spoil heap from the south, as shown on Photo Views 11, 14 and 16.
5.50 Fences presently enclose the Welbeck Colliery complex on all boundaries except at its interface with the colliery works area. From here a haul road gives access to the spoil heap for vehicles transporting spoil from the works; otherwise there are no access points for vehicles or pedestrians into the site, although there is a locked gate at the point where the west edge of the spoil heap abuts the A60 Cuckney Hill.
5.51 A gravel access track runs around the inside perimeter of the spoil heap site affording access to the majority of the site for maintenance and 4x4 vehicles.
5.52 The site is surrounded on its northern and western sides by woodland (visible in the Photo Views 3 and 4). Immediately adjacent to the southern boundary of the unrestored spoil heap is the already restored spoil heap with the urban edge of Meden Vale beyond, with the back gardens of the adjoining houses being separated from the restored spoil heap by a footpath which runs parallel with the chain-link boundary security fence.
5.53 To the east of the unrestored spoil heap is the main colliery works (now demolished except for the Power House building), which is understood to be subject of proposals as an alternative employment site now that the works are redundant. As part of the proposals, the site boundary includes a strip of land stretching east to west across the redundant colliery works (incorporating the existing railway sidings) to an existing area of hardstanding proposed for soil management operations. Along the southern edge of the area of the defunct colliery workings are belts of trees and shrubs, with the belts broken only at the point of the colliery access road leading off Elkesley Road. Together with the woodland that covers Elkesley Hill at the west of the colliery, these tree belts enclose the colliery works area.
Publicly Accessible Places
5.54 Immediately beyond the south-east boundary of the site, between the urban edge and the colliery works, is a sports pitch with associated village community halls, and a partially derelict playing field. See Photo View 6.
5.55 There is currently no public access into or across the colliery works or the spoil heap.
5.56 A number of recreation routes pass through the study area, as illustrated on Figure 5.2. Other footpaths and bridleways within the context of the site are also shown on this figure. A local authority trail follows alongside the Meden River, heading westwards from Meden Vale between Church Warsop and Market Warsop and on towards Shirebrook.
5.57 There are no country parks or similar visitor attractions within the study area, but for the Water Mill that is situated within Church Warsop’s village centre Conservation Area. There are no registered parks and gardens within the vicinity of the site, although the gardens of the Grade 2 listed Welbeck Abbey are located just across the northern edge of the study area.
Site-Specific Landscape Character
5.58 By appraisal of the landscape characteristics noted on the site and on adjacent land, together with the influences from landscape features within the surrounding area, an assessment has been made of the landscape character of the site and its surroundings.
5.59 In terms of its context, the site is of semi-rural and semi-urban character, on the very edge of an urban area, which extends south-westwards to the other side of Market Warsop. Views
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from the site to the countryside to the south are across the roofs of houses in Meden Vale and nearby settlements, whilst views towards Sherwood Forest to the east are dominated by the industrial colliery works and pit-head gantries.
5.60 By contrast, views to the north are across woodland and rich farmland to the Poulter River and beyond, offering a distinctly rural feel. Thus the unrestored northern half of the spoil heap, with its exposed dark spoil waste and barren, uneven engineered surface finish, at present appears entirely incongruous in its rural context.
5.61 The characteristics recorded within the Local Authorities’ Landscape Assessments of the policy zone in which the site lies, i.e. Policy Zone SH29 ‘Meden Vale and Church Warsop’ (north), are fairly limited and do not include the ridge which runs east to west on the northern side of the towns of Meden Vale and Church Warsop. The ridge is significant, as it separates an area of semi-rural character to the south and one of rural character to the north. Moreover, and most pertinent to the site’s restoration, the ridge of higher ground serves to accommodate the spoil heap within the landscape without the heap appearing out of character in terms of its topographical elevation.
5.62 An exception to this natural appearance is that from certain viewpoints, the temporary stock- pile of soil on the top of the ridge can be seen rising above the brow of the hill. Also, in close views from the north, the spoil heap does not have the appearance of a natural hill, as the north-facing slope is irregular in shape, black in colour and largely devoid of vegetation.
5.63 Nottinghamshire’s landscape assessment notes ‘the spoil heaps and mineral railway of Welbeck Colliery’ are detracting features in the landscape. In recognition of the presence of the natural ridge, it is argued here that the detraction is in relation to the character of the heap’s surface finish, its colour, texture and abrupt level changes, rather than to its overall height and massing.
5.64 In respect to capacity and sensitivity, the adopted local authority’s landscape character assessments indicate that the site’s contextual landscape character type is of an overall high sensitivity to change. It is assumed that removal or reduction of one of the detracting elements within the landscape would be an acceptable change and one that would not damage the landscape character, but rather enhance it.
Visual Appraisal
5.65 The visual appraisal has been undertaken to assist in the understanding of how the proposed restoration may have effects on the character and quality of the landscape, and to determine how it might affect views from personal receptors. It is useful to record the findings of a baseline appraisal for the site, i.e. as existing prior to restoration, so that pointers may be made towards how the site might best be restored without causing significantly adverse affects.
5.66 Through field survey and reference to Ordnance Survey mapping data, the geographical extent of the area judged to be theoretically inter-visible with the site, if there were to be no obstacles to views across the land surface, is a zone covering a maximum radius of 2.5 km from the site. This ‘Zone of Visual Influence’, or ZVI, is taken as the study area for assessing visual effects.
Visual Envelope
5.67 By reference to Figure 5.7, the extent of the visual envelope of the site is illustrated. The extent of the visual envelope, shown by the shading on the figure, equates with private land or buildings, or publicly accessible places, from which the land surface of the site is visible. From places where there are unrestricted views of these elements, the shading on the plan is solid, whilst hatched shading indicates that the views are interrupted or partially screened by vegetation or other intervening elements. To illustrate the relative dominance of the site within a scene from a given viewpoint, the closer the view is to the site, the deeper the intensity of the shading hue.
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5.68 It should be noted that the visual envelope relates to the northern unrestored section of the spoil heap and includes the stockpile of material at the apex of the spoil heap. Whilst the northern slopes of the spoil heap are not visible to views from the south, this stockpile can be seen from some southern viewpoints.
5.69 By reference to the illustration of the visual envelope, it is clear that, owing to the height that the spoil heap rises above the Meden and Poulter Valleys, the spoil heap is visible from a wide area. However, in spite of its height, it is noteworthy that the extensive blocks of woodland, that stretch across the study area, serve as significant screens to potential views of the heap from some areas.
5.70 In views from the south and south-east, the restored southern side of the spoil heap has the appearance of a natural hill, as the side slopes are not unduly steep and are grassed over with sections planted with young woodland that is beginning to meld into the landscape.
5.71 From the area east of Cuckney Village to the north of the site, and in the vicinity of Norton hamlet, views of the spoil heap are not possible owing to the Hatfield and Presley’s Plantations which cover the slopes of the ridge, surrounding the spoil heap. Only from points further north, beyond 2.0 km from the site, can the spoil heap be seen to rise above the plantation trees. In such distant views, the dark and barren surface detail and abrupt changes in level across the face of the spoil heap is not evident.
5.72 Because of the intervening vegetation, views of the hill from the east and centre of the village of Cuckney are generally not possible, although theoretically there could be oblique, isolated glimpses of the top of the spoil heap from upper-storey windows where other buildings do not stand in the way. The principal views of the spoil heap from Cuckney are afforded from its west side, from the A632 in the vicinity of Mill Hill and from points further north along the A616 towards Creswell. From these viewpoints the strip of intervening woodland is narrower and less effectual in screening the spoil heap.
Visual Receptors
5.73 The visual appraisal has concentrated on assessing the degree to which the site can be seen from publicly accessible places and private residences, taking into account distances from the site, topography and the screening and/or filtering effect of buildings and vegetation. The places where views of the site are possible – i.e. visual receptors – are categorised into the following groups where relevant:
Public highways and transport Links. Public rights of way. Public places or visitor sites. Residential properties. Heritage Sites.
5.74 For many of the visual receptors identified, photographs have been taken to record the representative views discussed (Plates 6-8), whilst the location of viewpoints to which the photographs relate are shown on Figure 5.8.
5.75 The visual receptors identified for the site are listed and described in Table 5.1. They are categorized as to whether the presence/dominance of the site in the view is considered to be slight, moderate or substantial, taking into consideration the relative distance of the receptor from the site, the filtering effect of vegetation and the obliqueness of the view.
Table 5.1 Visual Receptors Category Receptor Dominance Notes Public A632 north-west of New Cottages, Slight to Receptors are largely vehicles highways Cuckney moderate travelling at speed and A632 from Cuckney west to Park House Moderate Receptors are largely vehicles transport Farm travelling at speed
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Category Receptor Dominance Notes links A60 Cuckney Hill Substantial Some sections are obscured by vegetation A60 for 0.5 km south of Cuckney Substantial Receptors are largely vehicles travelling at speed Buskeyfield Lane, east half of Elma Lane Slight to Receptors are largely vehicles and west half of Infield Lane; A60 for up to moderate travelling at speed 1.0 km north of Buskeyfield Lane Sections of Netherfield Lane & Coggins Moderate to Most views are fleeting, oblique or Lane, and Tissington Avenue in Church substantial filtered Warsop Netherfield Lane nr Egmonton Road and nr Moderate Receptors are largely vehicles Gleadthorpe Grange, Meden Vale travelling at speed Up to no. 18 Portland Crescent, parts of Moderate to Almost all views are fleeting, Budby Crescent, north end of Elkesley substantial oblique, filtered or partially Road; and some sections of roads off screened by other buildings or Egmonton Road, Meden Vale vegetation Burns Lane, Sandy Lane, Birklands Ave & Moderate Ditto Meden Ave, Market Warsop Robin Hood Way north-west of Norton Slight Views are distant and frequently interrupted Two sections of Robin Hood Way either Moderate to Views are of the restored spoil side of Netherfield Lane near Gleadthorpe substantial heap and the stockpile of material Grange, Meden Vale only Duckeries Trail local cycle route between Moderate Ditto Gleadthorpe Plantation (Sherwood Forest) Public and Assarts Hill Plantation rights of Bridleway on Upper Cross Lane, Market Moderate Ditto way Warsop Local footpath from Gleadthorpe Farm to Moderate to The final 200 m are obscured by Hatfield Avenue, Meden Vale substantial Elkesley Hill Footpath from Mill Hill, Cuckney to Park Substantial Direct views toward the unrestored House Farm spoil heap Local footpath between Church Warsop Substantial Views are of the restored spoil and Oakfield Plantation heap and the stockpile of material only Meden Vale Sports & Recreation Ground None Only the restored south-east sector Public of the spoil heap is visible places or Burns Lane/Sandy Lane Playing Field, Moderate Views are of the restored spoil visitor sites Market Warsop heap and the stockpile of material only Up to no. 18 Portland Crescent, properties Moderate to Almost all views are fleeting, on the west side of Budby Crescent & north substantial oblique, filtered or partially end of Elkesley Road; and some homes on screened by other buildings or roads off Egmonton Road, Meden Vale vegetation Properties at the north end of Elkesley Moderate to Some views exist of the part of the Road substantial site proposed for the haul route (linking the soil management area to the restoration area) Properties on the east side of Nethercross Moderate Views are of the restored spoil Drive, south side of Burns Lane, Sandy heap and the stockpile of material Lane, east end of Birklands Ave & north only Residential side of Meden Ave, Market Warsop properties Many properties in Church Warsop to the Moderate to Almost all views are oblique, east of the A60 substantial filtered or partially screened by other buildings or vegetation Properties on the north side of Laurel Moderate to Views are of the restored spoil Avenue, Church Warsop substantial heap and the stockpile of material only A few properties on Budby Road, Cuckney Moderate Most views are oblique and filtered & Cuckney House or partially screened by other buildings South Carr Farm and Lodge, Elma/Infield Slight Views are distant and oblique Lane, nth of Cuckney Heritage South edge of Welbeck Park and grounds Slight Views over 2.0 km from the site sites of Welbeck Abbey (Grade 2 listed)
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Mitigation Measures
5.76 The re-profiling of the present landform of the spoil heap in the manner proposed would in itself constitute an improvement/repair to the character of the landscape. In addition, the treatment of the land surface will assist in the melding of the spoil heap into the landscape, by the employment of verdant meadow areas and use of woodland to link in visually with adjoining plantations on the lower hillside slopes and the adjoining ridge.
5.77 Inherent in the proposed restoration scheme are a number of conservation measures, as shown on the drawings. In addition to the new woodland and meadow areas, acid grassland, heathland and pond/marshland areas are proposed that will become wetland habitats for a variety of wildlife, helping to extend and enrich those habitats already existing along the nearby River Meden.
5.78 The proposed woodland, to be planted on the middle slopes of the spoil heap, will in time mature to link with the adjoining plantations and provide a continuous forested belt along the north side of the ridge. Once the woodland has reached its mature height, some views of the spoil heap from nearby, for example in the vicinity of Cuckney, will be screened by the trees, so that the brow of the restored heap will no longer be visible.
5.79 To mitigate the effects of the altered regime of surface water run-off from the spoil heap into the surrounding ditches and aquifer, a new drainage system has been designed to ensure flow is suitably regulated. Drainage is assessed in Chapter 8.
5.80 Within the existing colliery area, to surround the area intended for handling soils brought onto site, it is proposed to construct earth bunds for containing dust and noise. These bunds will also serve as partial screens to any possible views into the handling area.
5.81 In addition to the enhancement measures detailed above, a range of amenity facilities associated with the restoration proposals will comprise the following:
an amenity area on the hill with footpaths, viewing platform and picnic areas; pedestrian access at several points around the hill, including directly from the Meden Vale sports ground and community area; a car park on the sports ground as a dual use facility for the sports/community area and for visitors to the new amenity area on the hill; a circular route around the hill for horse riders, cyclists and walkers; and new woodland for amenity and conservation on the hillside slopes, utilising species which accord with Natural England’s Biodiversity Plan.
Assessment of Impacts
Construction Phase
Potential Landscape Effects
5.82 Potential landscape effects during the construction phase, of restoring the site in accordance with the proposed plans, are not considered to be significantly different from the baseline condition, as the site was until very recently operational as a spoil tip (Note – machinery is still active on the site due to on-going site management operations.) Earth-moving plant has been engaged in the process of tipping and ground-modelling upon the site for many years, so exposed soils and spoil material have been evident for long periods and the land form of the site has been constantly changing.
5.83 The proposed soil management area, which will be operational during the restoration phase only, is located at the railhead in the eastern section of the site. This area is presently surrounded by tree screens on its northern, western and southern sides. In addition, Elkesley Hill provides a visual and psychological barrier between the soil management area and nearby properties in Meden Vale to the south and screens the colliery in views from the wider countryside to the east and south.
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Potential Visual Effects
5.84 Potential visual effects during the construction phase are considered to be neutral, and therefore insignificant, for similar reasons as those given above.
5.85 Whilst it is possible that, during the construction period, vehicles transporting materials from the soil management area to the spoil heap may be visible to some properties at the northern end of Elkesley Road, colliery operational vehicles and materials haulage trucks have been active within the area for many years. The presence of these vehicles would not therefore be seen as an adverse effect in comparison to the baseline condition.
Operational Phase
Potential Landscape Effects
5.86 Potential landscape effects, of restoring the site in accordance with the proposed plans, are considered to be beneficial, rather than adverse, for the following reasons:
the profile outline of the spoil heap will be shaped to appear more natural and more appropriate in its landscape context. This will be achieved by the removal of the overburden from the apex of the hill and by re-grading the abrupt slopes to smooth- flowing contours; the northern face of the spoil heap will be transformed from a barren, uneven engineered surface of exposed dark spoil waste to a verdant hillside of woodland and grassy glades; the semi-urban character of the spoil heap, caused by its association with industry at the colliery works, will be changed to one of rural character associated with the ridge of wooded higher ground standing above the lower level landscape of the Poulter valley; if implemented, the proposals would have the effect of removing a spoil heap from the landscape that is considered, according to the County’s Landscape Character Assessment, as being a detracting element in the landscape; and transforming it into an attractive, partially wooded hill; both the north and the south sides of the spoil heap would contain areas of ecological richness managed for conservation, including deciduous and mixed native woodland, meadow and marshland grasslands, ponds and wetlands; in response to the recommendations for enhancement/restoration of the zone’s assessed landscape character, along with the woodland, areas of heathland would also be planted and managed as part of the restoration proposals; an area of private land with no public access would become open to the public and utilised for passive recreation such as picnicking and casual play, for walking, cycling and horse riding; and by opening-up access points around the perimeter of the site, links to nearby extant cycle, bridle and footpath networks would be made possible.
5.87 The northern sector of the spoil heap will be restored to a similar profile to that of the consented scheme, whilst the overall height of the hill, once complete, will be approximately 5 m lower than it is at present, and more appropriate to the elevation of the adjoining ridge and contextual landscape character.
5.88 The spoil heap, once fully restored, will continue to reinforce the natural ridge and act as a character watershed between the landscapes of the Poulter Valley and the urban corridor which stretches south-westwards from Meden Vale and the forest landscapes of Sherwood to the east.
5.89 Overall, the proposals have been assessed to be of minor to moderate benefit to the landscape, as summarised in Table 5.2.
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Potential Visual Effects
5.90 Views of the hill that has been created by the tipping of mining spoil at Welbeck Colliery are not as widespread as would be expected for a spoil heap that is some twenty metres higher than surrounding ridgelines. This is almost entirely due to the presence of woodland that covers the lower slopes of the spoil heap on the north and north-west sides and to Sherwood Forest, which comes to within 2.0 km of the site in the east. These woodland belts screen the hill from viewpoints that are greater than 2.0 km in the east and south-east, whilst to the north the hill is obscured from points closer than 2.0 km. From viewpoints to the north-west (west of Cuckney), the hill is more visible because the surrounding woodland strip is narrower; and from points further to the north than 2.0 km the hill can be seen to rise above the tops of the surrounding woodland trees.
5.91 Potential visual effects of restoring the north side of the spoil heap in accordance with the proposals will be beneficial rather than adverse, for the following reasons:
the existing profile of the spoil heap will be altered to appear more natural, by removing abrupt changes in level and gently contouring the slopes; the height of the spoil heap will be slightly reduced to visually link with the existing ridgeline; the dark/black colour of the surface of the north face of the spoil heap will be changed to a green cover of grasslands and woodland; the stockpile of material at the apex of the spoil heap ridge will be removed so that it does not stand higher than the regular ridgeline and will no longer be seen in views from the south; and the planting of the site with indigenous grasses, trees and shrubs, will produce a landscape that is appropriate to its surroundings in both form and character.
5.92 It is clear there will be varying degrees of beneficial effect on the views from the receptors, dependent upon the site’s degree of dominance within the view. The more dominant the site presently stands within a view, the more beneficial the restoration proposals will be to the receptor, as summarised in Table 5.3.
Summary
5.93 This assessment has demonstrated that, in terms of landscape character and visual amenity, the proposals for the restoration of the site are entirely appropriate. The proposed re-profiling of the spoil heap will naturalise the appearance of landform, whilst the planting will, in time, mature to meld appropriately into the landscape, so that the spoil heap will no longer be perceived as a tip, but rather as a natural hill linked to the existing ridge of wooded high ground north of Church Warsop and Meden Vale.
5.94 The proposals bring benefit to the character of the landscape, to the countryside’s visual amenity and to the outlook from some public places and private homes. Views from sensitive receptors towards the site will be improved as the spoil heap is re-shaped to gentle, smooth- flowing contours and the land surface is grassed and planted with indigenous woodland trees and shrubs.
5.95 Further benefits of the scheme will accrue in the form of habitats created and managed for conservation, and of public access into a site that is presently closed to the public. Associated with the permissive access will be footpaths, bridleways and cyclepaths, viewing platform and picnic areas, with a visitor car parking facility nearby. All such countryside amenity facilities are welcome within an area that lies on the edge of historic Sherwood Forest
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Residual Impacts (Operational Phase)
Table 5.2 Summary Impact Table for Landscape Character Potential receptor Spatial entent Duration Nature Significance Notes Local, regional Permanent, Direct, indirect, Major, moderate, minor or national long-term or secondary or or neutral short-term cumulative (beneficial or adverse) Sherwood LCA Policy Zone SH29 Local/Regional Permanent Direct Moderate beneficial The site occupies this policy area; the benefit also applies indirectly to other parts of the sub-region Sherwood LCA Policy Zone SH31 Local/Regional N/A N/A Neutral The site is not visible to any part of this sub-region Sherwood LCA Policy Zone SH25 Local/Regional Permanent Cumulative Minor beneficial The scheme would add benefit to that already achieved by restoration of the southern slopes Sherwood LCA Policy Zone SH28 Local/Regional Permanent Cumulative Neutral The site is hardly visible to any part of this sub-region Magnesium Limestone LCA Policy Zone ML12 Local/Regional Permanent Indirect Minor beneficial The benefit indirectly applies to a part of the sub-region Magnesium Limestone LCA Policy Zone ML13 Local/Regional Permanent Indirect Minor beneficial As above
Table 5.3 Summary Impact Table for Visual Receptors Potential receptor Spatial extent Duration Nature Significance Notes Local, regional Permanent, Direct, indirect, Major, moderate, minor or national long-term or secondary or or neutral (beneficial or short-term cumulative adverse) Sections of public A60 & A632 south/west of Cuckney Regional Permanent Direct & indirect Moderate beneficial Views are close highways north of the A60, A616 north of Cuckney/Infield, Local/Regional Permanent Direct & indirect Minor beneficial Views are distant site Buskeyfield and Elma Lanes Sections of public Burns Lane, Market Warsop and Local Permanent Cumulative, direct Minor beneficial Views will be highways south of the Netherfield Lane, Church Warsop & indirect improved slightly site Coggins Lane & Tissington Ave, Local Permanent Cumulative, direct Neutral to minor by removal of the Church Warsop; some minor streets in & indirect beneficial stockpile of Meden Vale & in NE Market Warsop material from the summit Public rights of way Footpath from Mill Hill, Cuckney to Park Local Permanent Direct & indirect Major beneficial Views are within north of the site House Farm 1.0 km Robin Hood Way NW of Norton Local Permanent Direct & indirect Minor beneficial Views are distant Public rights of way Robin Hood Way nr Gleadthorpe Local Permanent Cumulative, direct Minor beneficial Views will be south or east of the site Footpath Gleadthorpe to Meden Vale Local Permanent & indirect Minor beneficial improved slightly
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Potential receptor Spatial extent Duration Nature Significance Notes Local, regional Permanent, Direct, indirect, Major, moderate, minor or national long-term or secondary or or neutral (beneficial or short-term cumulative adverse) Bridleway on Upper Cross Lane Local Permanent Minor beneficial by removal of the Footpath Church Warsop to Oakfield Local Permanent Minor beneficial stockpile of Duckeries Trail Cycle Route Local/Regional Permanent Minor beneficial material from the summit Public places or visitor Burns Lane Playing Field, Market Local Permanent Cumulative, direct Minor beneficial As above sites Warsop & indirect Meden Vale Sports & Recreation Grnd Local N/A N/A Neutral Not visible Residential properties Budby Road, Cuckney & Cuckney Hse Local Permanent Direct & indirect Moderate beneficial Partially screened north of the site South Carr Farm & Lodge, Elma Lane Local Permanent Direct & indirect Minor beneficial Views are distant Residential properties Properties in east and sth Meden Vale Local Permanent Cumulative, direct Minor beneficial Partially screened south or east of the site Properties in the vicinity of Burns Lane, Local Permanent & indirect Minor beneficial Views will be Market Warsop improved slightly Homes east of A60 in Church Warsop Local Permanent Minor beneficial by removal of the Homes in Laurel Ave, Church Warsop Local Permanent Minor beneficial stockpile of material from the summit Heritage Sites Welbeck Park & Abbey grounds National Permanent Direct & indirect Minor beneficial Views are distant and restricted
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6.0 ECOLOGY
Introduction
6.1 AA Environmental LLP (AAe) has undertaken an assessment of the ecology and nature conservation of the site and the surrounding area, the findings of which are summarised in this chapter. The aim of this assessment was to provide a description of the existing habitat types and to determine the existence and location of ecological valuable areas and identify the presence of protected and/or notable species. This information was then used to assess the ecological impact of the proposals and identify ecological constraints and/or mitigation measures required and identify enhancement measures that may be appropriate.
Assessment Methodology
Planning Policy Context
Legislative Framework
6.2 The legislative and policy framework applicable to ecology in the UK includes the following:
The Wildlife and Countryside Act 1981 (WCA) (as amended); The Countryside and Rights of Way Act (CRoW) (as amended); The Conservation of Habitats and Species Regulations (2010); Protection of Badgers Act (1992); UK Biodiversity Action Plan (UK Biodiversity Partnership 2007); and Natural Environment and Rural Communities Act 2006 (NERC).
Planning Policy
6.3 Planning policy at the national, regional and local level is discussed in full detail in Chapter 4 ‘Planning & Policy Context’. A summary of the planning policy applicable to ecology and nature conservation is outlined below.
National Planning Policy 6.4 The national planning policy relating to ecology is provided in Planning Policy Statement 9 (PPS9): Biodiversity and Geological Conservation 2005.
6.5 PPS9 details the principles for ensuring that the potential effects of proposals on biodiversity and geological conservation are fully considered during the planning process, which include:
identify the requirement for up-to-date assessments; proposals should have the aim of maintaining and enhancing biodiversity; there should be a strategic approach to the conservation, enhancement and restoration of biodiversity and geology; and planning decisions should prevent harm to biodiversity and if necessary, using appropriate planning controls, include appropriate mitigation and enhancement measures.
6.6 PPS9 expresses the importance of compliance with the relevant nature conservation and wildlife legislation including the Wildlife and Countryside Act, Countryside and Rights of Way Act and The Conservation of Habitats and Species Regulations. The guidance specifies a number of provisions that proposed developments need to consider including designated sites, non-designated sites and species protection. It also details the importance of incorporating enhancement measures for biodiversity into any new developments.
6.7 The Office of the Deputy Prime Minister’s Circular 06/05: Biodiversity and Geological Conservation - Statutory Obligations and Their Impact Within the Planning System stated that
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all survey work, concerning protected species, should be carried out before a planning application is determined.
Regional Planning Policy 6.8 The East Midlands Regional Plan contains four policies directly relevant to ecology:
Policy 26: Protecting and Enhancing the Region’s Natural and Cultural Heritage details how sustainable development should protect, manage, enhance and preserve the natural and cultural heritage of the region. Policy 29: Priorities for Enhancing the Region’s Biodiversity details how developers and other bodies involved in development should work together with the voluntary sector, landowners and local communities to achieve goals set out in the Regional Biodiversity Strategy and increase biodiversity in the East Midlands. Policy 30: Regional Priorities for Managing and Increasing Woodland Cover details how developers and other bodies involved in development should work together with the voluntary sector, landowners and local communities to achieve a significant increase in woodland cover in the East Midlands. Policy 31: Priorities for the Management and Enhancement of the Region’s Landscape details landscapes within the region including Sherwood Forest that should be protected and enhanced and measures that should be taken to ensure this.
Local Planning Policy 6.9 The Local Development Framework (LDF) for Mansfield District is currently under review. Its predecessor, The Local Plan (1998), which is to be referred to until the LDF is completed, comprises an Environmental Chapter, which sets out policies directly relevant to ecology. The objectives of the policies set out within the chapter are to:
Protect the countryside from intrusive and inappropriate development. Enhance the recreational and visual value of the countryside. Safeguard high quality agricultural land and encourage acceptable agricultural diversification. Ensure no development causes lasting damage to the countryside. Achieve an acceptable balance between the needs of conservation and the demands of development. Protect areas of ecological or visual landscape value.
Biodiversity Action Plan (first published in 1998) 6.10 The Nottinghamshire Local Biodiversity Action Plan, (NLBAP) produced by the Nottinghamshire Biodiversity Action Group (NBAP) lists the plant and animal species of conservation concern in Nottinghamshire, as well as priority habitats for protection and restoration. The plan focuses on Action Plans for key habitats (HAPs) as well as some Species Action Plans (SAPs). Habitats listed as being of conservation concern include Lowland Heathland, Wet Broadleaved Woodland and Lowland Wood Pasture. Existing SAPs include those for the Skylark and Bats. The document is still a work in progress with existing action plans under regular review and further HAPs and SAPs still to be produced.
Survey Methodology
Overview
6.11 The assessment completed was undertaken with reference to the Institute of Environmental Assessment’s ‘Guidelines for Baseline Ecological Assessment’ (1995) and the Institute for Ecology and Environmental Management (IEEM) ecological impact assessment guidelines (2006). The work comprised two key elements: a desk-top study to obtain available baseline data for the site and surrounding area; and a walk-over field survey (extended Phase 1 Habitat Survey). In addition, consultation has been completed during the EIA process and the responses received have been taken into consideration.
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Desk-top Study
6.12 Sources of information reviewed as part of the desk study included:
Natural England; Nottinghamshire County Council; Nottinghamshire Biological and Geological Record Centre; Nottinghamshire Bat Group; Nottinghamshire Wildlife Trust (County Mammal Recorder); Multi-Agency Geographic Information for the Countryside (MAGIC) Internet database (magic.defra.gov.uk); and Natural England’s website (www.naturalengland.org.uk).
Field Surveys
Overview 6.13 A walk-over field survey was carried out on Thursday 23 June 2011. The dominant plant species were recorded and the habitats present classified according to their vegetation types and presented in the standard Phase 1 Habitat Survey format (Joint Nature Conservation Committee, 1993). The site was also checked for evidence of any protected and/or notable species that might be using the site or suitable habitat to support them, in accordance with the following survey methodologies:
Badgers 6.14 Badgers and their setts are protected by The Protection of Badgers Act 1992, under which it is an offence to harm badgers or their setts. A sett is defined as “any structure or place which displays signs indicating current use by a badger”. Natural England has provided the following guidance on the interpretation of current use:
‘a sett is defined as such (and thus protected) as long as signs indicative of ‘current use’ are present. Thus, a sett remains protected by the Act until such times as the signs (i.e. ‘field signs’) have deteriorated or decayed to such an extent that they indicate that the sett is no longer in ‘current use’.
6.15 A thorough survey of the whole site was carried out, with particular attention paid to any dense areas of vegetation to check for any evidence of badger activity, which is usually detected by any one or more of the following signs detailed below:
presence of holes with evidence of badger such as footprints, discarded hair, etc; presence of dung pits and latrines; presence of well used runs with subsidiary evidence of badger activity; and presence of other indications of badger activity, such as signs of foraging and footprints.
Bats 6.16 Currently there are 17 species of bat known to breed in the UK. All species and their roost sites are protected under the Wildlife and Countryside Act 1981 and The Conservation of Habitats and Species Regulations (2010). As a signatory to the Bonn Convention (Agreement on the Conservation of Bats in Europe) the UK is also required to protect their habitats. This legislation makes it illegal to kill, injure, capture or disturb bats or to obstruct access to, damage or destroy bat roosts and protection from damage or disturbance of important feeding areas. Under the law, a roost is any structure or place used for shelter or protection.
6.17 As no suitable roosting habitat (such as buildings or mature trees) was recorded on the site, the surrounding habitat was assessed to identify any important features, such as trees that may provide suitable roosts for bats and/or established lines of vegetation that may provide important flightlines.
Birds 6.18 All species of wild birds in the UK are protected under the Wildlife and Countryside Act 1981 (as amended). It is an offence to intentionally kill, injure or take any wild bird or intentionally
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take, damage or destroy the nest of a wild bird, or to intentionally take or destroy the egg of any wild bird.
6.19 Certain species of birds are listed on Schedule 1 of the Wildlife and Countryside Act 1981 (as amended), which prohibits the intentional killing, injuring or taking of any wild bird and the taking, damaging or destroying of the nest or eggs at all times throughout the year.
6.20 The survey of the site included a general walk-over survey of the site and surrounding habitat to observe bird activity such as gathering/carrying nesting material, carrying faecal sacs, territorial calling, fighting and other behaviour to suggest nesting, facilitated by binoculars.
Herpetofauna 6.21 All reptile species are protected at some level under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and The Conservation of Habitats and Species Regulations (2010). The more common species of reptiles, which include slow-worm (Anguis fragilis), common or viviparous lizard (Zootoca vivipara), adder (Vipera berus) and grass snake (Natrix natrix) are protected by the Wildlife and Countryside Act 1981 by part of Section 9(1) and all of Section 9(5). This means that they are protected against intentional or reckless killing and injuring (but not 'taking') and against sale and transporting for sale.
6.22 All amphibian species are awarded some level of protection under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000). Great crested newts are protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and the Conservation of Habitats and Species Regulations 2010. The intentional or reckless killing, injury or taking, and intentional or reckless disturbance of newts whilst occupying a ‘place used for shelter or protection’, are prohibited, as is the destruction of these places. Activities likely to affect great crested newts or their habitat can be carried out only under licence from Natural England.
6.23 An assessment of the site was carried out to determine its suitability for herpetofauna by recording the habitats present. In addition natural and artificial refugia were lifted to search for any sheltering animals or evidence of animals such as sloughs.
Other Species 6.24 In accordance with good practice, any obvious signs of other protected or otherwise notable species were recorded during the survey.
Impact Assessment Methodology
6.25 The methodology used to assess the significance of the impacts on the ecological receptors is based on the Institute for Ecology and Environmental Management (IEEM) ecological impact assessment guidelines published in July 2006. This guidance follows a biodiversity approach to impact assessment rather than relying solely on the legal protection of a habitat or species to characterise ecological extent. Other factors such as abundance and rarity are also considered.
6.26 The assessment method uses a process of assigning values to the identified ecological features and resources, predicting and characterising ecological impacts and, through this process, determining significance of potential impacts on ecological receptors.
6.27 The value, or potential value, of ecological receptors on, and in the immediate vicinity of the site, has been considered at the following scales:
International; UK; national (i.e. England/Northern Ireland/Scotland/Wales); regional; county (or Metropolitan - e.g. in London); district (or Unitary Authority, City, or Borough);
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local or Parish; and within Zone of Influence (study area) only (which might be the project site or a larger area).
6.28 The Zone of Influence is defined as ‘the areas/resources that may be affected by the biophysical changes caused by activities associated with a project’. The potential ecological effects of the proposals are considered to be confined mainly to the site itself. However, the impact on any sensitive ecological resources during the haulage operations on the local road network have also been considered.
6.29 Each potential ecological impact has a number of characteristics that need to be fully described before significance can be assessed. A number of factors have been considered when describing and assessing ecological impact as detailed below:
magnitude; extent; duration; reversibility; and timing and frequency.
6.30 The magnitude of any ecological impact has been scaled under a seven point significance criteria, taken from standard IEEM terminology, as detailed in Table 6.1. The criteria outline the significance of each impact and the format is in keeping with the terminology within this ES.
Table 6.1 Impact Significance Criteria Impact significance Criteria Major Adverse The effect is of a magnitude likely to cause a permanent adverse impact on the integrity or conservation status of an international and/or nationally important ecological receptor. Moderate Adverse The effect is of a magnitude likely to cause a permanent adverse impact on the integrity or conservation status of a district and/or locally valuable ecological receptor (with reference to BAP or Local Plan). Minor Adverse The effect is likely to cause a temporary adverse impact on the integrity or conservation status of a district and/or locally valuable ecological receptor. Neutral/insignificant No expected or significant impacts. Minor Beneficial Where improvements provide general wildlife gain through, for example new design features (hedges, ponds, green roofing etc.) Moderate Beneficial Where there is an expected net positive wildlife gain at the regional/metropolitan level, for significantly aiding the achievement of UK BAP objectives through provision of substantial new habitats. Major Beneficial Where there is an expected net positive wildlife gain at the national level, for example by significantly aiding the achievement of UK BAP objectives through provision of substantial new habitats.
Baseline Conditions
Desk-top Study
6.31 A desk study was carried out to identify any statutory and non-statutory designations within a suitable study area around the site. A 2 km study area was considered appropriate given the nature of the development and the fact that the restoration works would only be temporary and short-term (3 to 5 years in duration). However, any European or internationally designated sites within 5 km were identified. The MAGIC (The Multiagency web based interactive map) website and Natural England’s (nature on the map) were consulted for this purpose.
6.32 There are no statutory ecological designations (e.g. SSSI, SPA or SAC) within, covering or immediately surrounding the site. The nearest statutory designated site is The Bottoms Local Nature Reserve, located approximately 750m south of the site with the nearest non-statutory
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site, Elkesley Hill (a Local Wildlife Site) lies immediately adjacent to the south of the eastern section of the site.
6.33 Although Sherwood Forest (NNR/SAC/pSPA/SSSI) is located more than 2 km away, the indicative core area of breeding Nightjar and Woodlark (Natural England) and Sherwood Forest Important Bird Area (IBA) boundary (RSPB) is located (at its closest point) approximately 1.5 km away and the site lies within the RSPB IBA 5 km buffer area (refer to the map attached at Appendix 6.1).
6.34 There were no records for protected species on the site. There were both casual and roost records for bats within the study area. Species recorded include pipistrelle bat (Pipistrellus sp.), brown long-eared bat (Plecotus auritus), Leisler’s bat (Nyctalus leisleri), noctule bat (Nyctalus noctula) and Daubenton’s bat (Myotis daubentonii). There were no records of great crested newts within the study area. A single reptile record for a common lizard (Zootoca vivipara) was located adjacent to Budby South Forest over 2 km to the east of the site. Other notable records were for water vole (Arvicola terrestris), the majority of records being on the River Meden approximately 750 m to the south of the site and on the River Poulter approximately 1 km to the north.
6.35 The results of the desk-top study are summarised in Table 6.2 with the designated sites shown on Figure 6.1. Copies of the replies received are attached at Appendix 6.2.
Table 6.2 Desk-top Study Results Consultee Response Natural England Natural England stated they do not hold records for protected species and recommended contacting other consultees for data or checking the National Biodiversity Network at www.nbn.org.uk and that details of designated sites can be found at www.natureonthemap.org.uk. Natural England also stated that an assessment on the potential impact of the proposals on the Sherwood Forest Prospective Special Protection Area (pSPA) – specifically to breeding Nightjar and Woodlark – should be completed. Nottinghamshire County The council deemed the development proposals to require an Council Environmental Impact Assessment due to ‘its scale, being of potentially more than local importance, the unusually complex and potentially hazardous environmental effects and that it exceeds the thresholds set out in A36 of Annex A of Circular 2/99’. However the Council also acknowledged that there is ‘little in the way of natural resources within the site area.’ It also said that ‘the proposed development would not directly affect any of the above mentioned sites ‘(LNRs, SSSIs and the SAC). Nottinghamshire Biological NBGRC provided records of notable and protected species within the and Geological Record Centre study area on and around the site, as well as details of statutory and (NBGRC) non statutory designated sites. The nearest statutory designated site is The Bottoms, a Local Nature Reserve approximately 750m to the south-east of the site. There are 5 Sites of Special Scientific Interest within 5 km of the site, one of which is a Special Area of Conservation (Birklands and Bilhaugh). The nearest non statutory designated site is Elkesley Hill, a Local Wildlife Site located adjacent to the eastern section of the site. The Nottinghamshire Bat The NBG held no records for the study area around the site (2 km Group (NBG) radius of the site). The Nottinghamshire Wildlife The NGBRC recommended that we contact the County Mammal Trust (County Mammal Recorder at Nottinghamshire Wildlife Trust (NWT) for mammal Recorder) records, as the NGBRC does not hold all mammal records for the area. The NWT only had two mammal records for the study area, both of which were for water vole located at the Market Warsop Mill Dam which lies over 1 km to the south of the site on the River Meden. MAGIC A search was carried out for designated sites within a 5 km radius of the site. These sites had already been highlighted by the NGBRC. Sites recorded included 1 National Nature Reserve (Birklands and Bilhaugh), 1 Special Area of Conservation as well as a number of
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Consultee Response Local Nature Reserves and Sites of Special Scientific Interest. Natural England (Website) A Search of Natural England’s Nature on the Map was also made, which supported the records for statutory designated sites already highlighted in the NGBRC Report and from the Magic website search.
Habitat Types and Fauna
Overview
6.36 The results of the walk-over survey are presented as a series of habitat descriptions of the site. The Phase 1 Habitat Plan is shown on Figure 6.2 and the descriptions should be read in conjunction with this plan. An indicative plant species list is attached at Appendix 6.3 (nomenclature follows Stace, 1997). Target Notes (TNs) were made on any species or features of particular importance.
Spoil Heap
6.37 The majority of the site is dominated by the now disused spoil area. As this area has been used to deposit material until quite recently, with some continued activity from site management operations, it is almost entirely devoid of vegetation. Consequently it provides no cover or habitat to support any species and is overall of low ecological value.
Semi-improved Grassland
6.38 There are only a few restricted areas on the site that have naturally re-colonised, most of which are along the extreme northern boundary of the site, most of which will be retained. Grass species present included perennial rye-grass (Lolium perenne), red fescue (Festuca rubra), cock’s-foot (Dactylis glomerata), Yorkshire-fog (Holcus lanatus) and rough meadow- grass (Poa trivialis). Forbs present included red campion (Silene dioica), white campion (Silene latifolia), rosebay willowherb (Chamerion angustifolium), creeping and spear thistle (Cirsium arvense and C. Vulgare), common nettle (Urtica dioica), ribwort and greater plantain (Plantago lanceolata and P. major), docks (Rumex spp.), mugwort (Artemisia vulgaris), common ragwort (Senecio jacobaea), prickly sow-thistle (Sonchus asper) and common cudweed (Filago vulgaris).
6.39 Although these areas provide some terrestrial foraging habitat for some species and the range of flowering plants present provides a food resource for pollen and/or nectar dependent insect groups their ecological value is limited either due to their restricted size and/or isolated location.
Plantation Woodland
6.40 Along the northern site boundary part of the spoil heap has been restored and has been planted with woodland. Species present included oak (Quercus sp.), silver birch (Betula pendula), hawthorn (Crataegus monogyna), rowan (Sorbus aucuparia), hazel (Corylus avellana) and rose (Rosa sp.).
6.41 Although this area is relatively new, it is becoming established and provides some bird nesting habitat and shelter for other wildlife and is of some value as a habitat but also as a buffer to the more established woodland off-site.
Hardstanding
6.42 All of the buildings on the site have been demolished (except for the Power House) leaving areas of hardstanding where they once stood. Roads, car parking and internal access tracks make up other areas of hardstanding. These areas are of limited value for wildlife.
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Ephemeral/Short Perennial
6.43 There is a strip of ephemeral/short perennial vegetation along a section of the northern boundary of the site and along the existing railway sidings. Species present included annual meadow-grass (Poa annua), common cudweed, common ragwort, rosebay willowherb and ribwort plantain, as well as self-seeded butterfly bush (Buddleja davidii) and birch (Betula sp.), willow (Salix sp.) and sweet chestnut (Castanea sativa) saplings.
6.44 This habitat covered only a small area of the site, reducing its ecological value, although it does provide a food resource for pollen and/or nectar dependent insect groups.
Scattered and Dense Scrub
6.45 There is an area of dense scrub, dominated by bramble (Rubus fruticosus agg.), dog rose (Rosa canina agg.) and elder (Sambucus nigra) with common nettle, rosebay willowherb and docks also present located along the northern boundary of the site. There are also areas of scattered scrub which are dominated by bramble.
6.46 Although these areas are restricted in size they do provide some shelter and a food resource for pollen and/or nectar dependent insect groups.
Tall Ruderal
6.47 Some areas of the site have been colonised by tall ruderal vegetation. Species present included bracken (Pteridium aquilinum), rosebay willowherb, common nettle and docks.
6.48 This habitat covers only a small area of the site, reducing its ecological value, although it does provide shelter for a range of wildlife.
Individual Trees
6.49 There is a narrow strip of self-seeded semi-mature trees established between the railway sidings and area of hardstanding in the eastern section of the site. Species present included silver birch and willow, with bramble, bracken, common nettle and rosebay willowherb dominating the understorey.
6.50 Again this habitat was restricted in size, but does provide habitat for a range of species as well as opportunities for nesting birds.
Standing Water
6.51 There is a single body of standing water on the site, which appears to previously have been used as a wheel wash. No marginal or aquatic vegetation of note was recorded during the survey.
6.52 The water body provided little opportunity for wildlife being a concrete structure having being regularly used by machinery until quite recently with no established vegetation and is isolated in location.
Adjacent Habitats
6.53 The site is bordered by established woodland along most of the northern boundary and a section of the eastern boundary. The woodland to the north is a large area of plantation woodland (dominated by sweet chestnut with oak), much of which is under felling licence agreement, although a small strip along the edge of the wood is currently being managed under the Woodland Grant Scheme. The land to the south of the site previously formed part of the Colliery, but has since been restored and now comprises semi-improved grassland (which is cut for hay) with some pockets of plantation woodland present. There are sports and community amenity areas along a section of the eastern boundary, mainly comprising amenity grassland (football pitches). There is also an area of hardstanding comprising a single
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industrial building, with the rest of the buildings already demolished, formerly part of the processing plant adjacent to the eastern section of the site.
6.54 The adjacent habitat, particularly the large area of plantation woodland provides habitat for a variety of wildlife. Skylarks were also seen on the adjacent grassland and could be nesting in the area. The single building present on the hardstanding to the east of the site was deemed to be of low ecological value due to its construction type, although it may provide opportunities for some species of nesting birds.
Badger
6.55 No badger setts were recorded on the site during the survey. However, some mammal holes, which appeared to have been originally excavated by badgers, were recorded on the northern boundary of the site (TN 1 on Figure 6.2), although only evidence of fox was recorded. An excavated wasp nest was also recorded on the site, which appeared to have been dug out by badger (TN 2 on Figure 6.2). The surrounding area, particularly the woodland to the north of the site and the grassland on the restored southern section of the spoil heap provides good foraging habitat for badgers.
Bats
6.56 There were no buildings on the site, and none of the trees present were considered to provide any roosting opportunities for bats, either due to their age and/or lack of key features utilised by bats. Although the majority of the site being devoid of any vegetation does not provide any foraging habitat, the established woodland edge present along some of the site boundaries does provide foraging opportunities for bats.
Birds
6.57 Sand Martins were recorded nesting in a sandy bank on the northern side of the site close to the existing railway siding (TN 3 on Figure 6.2). Other bird species recorded on site or flying overhead during the survey included Yellowhammer, Skylark, Wood Pigeon, Carrion Crow, Meadow Pipit and Kestrel. The Yellowhammer and Skylark are UK BAP Species and National Red Listed Birds of Conservation Concern. The Meadow Pipit, Sand Martin and Kestrel are National Amber Listed Birds of Conservation Concern.
Herpetofauna
6.58 The site provided very little opportunity for reptiles due to the lack of suitable habitat on the site, although the adjacent grassland to the south of the site may provide some opportunities for reptiles. Any refugia present on the site (both natural and artificial) was lifted to check for any sheltering animals, with none recorded.
6.59 The existing water body on site was considered to be unsuitable for amphibians, due to its form, lack of any established aquatic vegetation and isolated position.
Other Species
6.60 Apart from evidence of fox already mentioned and rabbit activity, no other species of any note was recorded.
Mitigation Measures
Overview
6.61 Based on the ecological assessment completed, the intrinsic conservational value of the site is low. It is considered that the construction and/or operation of the proposal will not have any significant adverse impact on the ecology and nature conservation of the site and surrounding areas. The proposals provide a real opportunity to introduce a range of enhancement measures for nature conservation.
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Construction
6.62 The construction phase will be carried out in accordance with good practice and as standard the following measures will be included during the works. A CEMP will be produced to control all of the works to minimise any impact on the receiving environment.
6.63 All species of wild bird and their nests are protected under the Wildlife and Countryside Act (1981). Although the majority of the site does not provide any bird nesting habitat, there is a small colony of sand martins nesting in a sand bank and there are some restricted areas of vegetation around the site margins that could be used by nesting birds. For this reason clearance of any potential bird nesting habitat will be timed to avoid the breeding/nesting season which, in general, runs from March to August. If this is not possible a check will be carried out to ensure no active nests are present prior to any works.
6.64 The development will be phased, so that the works can be carried out during the least sensitive times of the year to minimise potential impact on local wildlife that may be present within the adjacent habitat. Such measures include working outside the main bird nesting season when working adjacent to the already restored southern spoil heap so as to minimise disturbance (mainly noise) to any ground nesting birds. Phasing of the works will also facilitate early planting of areas to allow new habitats to be created and become more established.
6.65 Where any works are close to existing vegetation to be retained (particularly along the already planted up area along the northern site boundary), these areas should be fenced off with suitable protection in order to reduce the possibility of any accidental damage.
6.66 Although no badger setts will be directly or indirectly affected by the proposals, as badgers are active in the area, the following site controls should be applied:
as badgers will re-occupy setts or excavate new ones the site should be monitored and any increase in level of activity fully investigated; any temporary fencing installed should be raised off the ground (around 150 mm) to allow badgers unrestricted access; any deep excavations that are to be left open overnight should include a means of escape for any badgers that may fall in; where possible, works should be limited to the hours from dawn to one hour before sunset; any new boundary fencing installed will either be raised off the ground (around 150 mm) to allow badgers unrestricted access or gaps provided at certain locations to allow their movement through the site.
6.67 Additional mitigation measures will be adopted during the works, following advice provided in English Nature's Species Conservation Handbook, an extract of this good working practice is attached at Appendix 6.4.
6.68 The effects of lighting on plants and animals are difficult to assess, but it is thought that lighting can adversely affect invertebrates and bats and disorientate birds. The site is currently unlit as it is disused, although there would have been lighting on the site when it was operational. Some lighting will be required during operations from machinery and within the soil management area. Although lighting will only be on for short durations and only when necessary measures will be implemented to minimise use and pollution in accordance with standard practice.
Operation
6.69 The development proposals are to create a range of new habitats on the site to benefit local wildlife as well as a recreation and nature park for the public. New habitats to be created include the following:
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new woodland will be planted to complement the already existing plantations both on and adjacent to the site and in the county overall, using a range of native species of local provenance where possible; species rich meadows will be created providing an important resource for a range of nectar dependant insect species as well as habitat for ground nesting birds such as Skylark a BAP priority species, already thought to be breeding in the adjacent fields to the south of the site; areas of acid grassland (a Habitat Action Plan Priority Habitat and Habitat of Conservation Concern in Nottinghamshire) will be created; areas of lowland heathland (a Habitat Action Plan Priority Habitat and Habitat of Conservation Concern in Nottinghamshire) will be created; areas of open water and wetland habitat as part of the drainage solution (series of ponds and swales); and new exposed sandy banks to be created to provide replacement nesting sites for sand martins.
6.70 Further to this, a network of nature walks are to be created around the site with a series of information boards provided for general interest and education purposes. Any ongoing management of the site should aim to maximise the ecological value of the range of habitats to be created. It is considered that an Ecological Management Plan would be produced detailing the sensitive management of the site. This Plan would be circulated and agreed with the Planning Authority and other interested parties.
6.71 All of the mitigation and enhancement measures detailed aim to protect the key habitats within and around the site, and to create a range of new habitats, ensuring overall ecological benefit. This is in full compliance with National and local policy and supports the objectives set out in the Nottinghamshire Local Biodiversity Action Plan.
Assessment of Impacts
Overview
6.72 The following section describes the impacts (both adverse and beneficial) after the mitigation measures detailed above have been fully implemented (i.e. residual impacts). The assessment should be read alongside the Summary Impacts Table (Table 6.3).
Construction
6.73 The site is dominated by the now disused colliery spoil heap and although the majority of the site comprises exposed colliery spoil which is of limited ecological value, there are areas of some ecological value used by protected species, including badgers and nesting birds, along with other wildlife.
6.74 The key habitats, in particular the area of plantation woodland, will be retained and remain largely unaffected during the construction phase, although there is likely to be some dust deposition due to site operations. The sandy bank in which Sand Martins were recorded to be nesting will eventually be lost. However, this will remain until a replacement site has been constructed on the site. The proposed works on site may deter badgers using the site temporarily although good foraging habitat is available elsewhere. Overall, any predicted impacts are considered to be neutral.
6.75 Temporary disturbance from the construction phase (such as increased noise, dust generation, lighting and increased human activity) can have an adverse impact on ecological receptors, such as the adjacent Elkesley Hill (a Local Wildlife Site) and the established woodland to the north of the site, which could incur some impact, particularly from dust deposition. Site controls to be implemented in accordance with standard practice will help reduce any adverse impact to a minimum. In addition, the site has until recently been an active colliery for many years and therefore the adjacent habitat is not considered to be particularly sensitive to these types of activity. Therefore, any disturbance caused to adjacent habitats and to local wildlife they support is considered to be neutral.
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6.76 Construction works can lead to pollution incidents either to ground or to controlled waters. Although located at some distance from the site (approximately 800 m south), the River Meden, the nearest section of which is a Local Nature Reserve, could be impacted from polluting run-off/discharges during the development works. However due to the distance from the site as well as controls to be implemented in accordance with standard practice, any impact on controlled waters is considered to be neutral.
Operation
6.77 The scheme has been sensitively designed to minimise impact. The change in land use from a disused colliery spoil heap to a fully restored site, established with a range of new habitats designed for nature conservation and recreational use, will represent an improvement. In order to allow areas of the restored site to be less disturbed from the recreational users, a network of footpaths will be delineated. The production and implementation of an Ecological Management Plan for the site will ensure that the site is managed for the benefit of wildlife so that its ecological value is enhanced in the long term. As the new habitats become established on the site any impact is considered to be moderate beneficial due to the extensive new habitat that would be created including County Priority Habitats and Habitats of Conservation Concern.
6.78 Natural England has suggested that any developments that may have an impact on breeding Nightjar and Woodlark in the Sherwood Forest area should be assessed. However, the works are for the restoration of the colliery spoil heap and controls in accordance with standard practice will be implemented to minimise any impact. These include minimising lighting and traffic movements (importation via road and rail) and, in addition, the works are more than 1.5 km away and therefore this will reduce any potential impacts further. The usual impacts on breeding birds i.e. increased disturbance from people and their pets (including predation) are not an issue from the development proposals. Therefore the potential impact on the Sherwood Forest area is considered to be neutral in the short-term and minor beneficial in the long-term as new habitats that could be utilised by both Nightjar and Woodlark become established.
Summary
6.79 This chapter was produced by AA Environmental LLP following an ecological survey carried out in 2011. The chapter assesses the potential impacts of the proposals on the ecological and nature conservation resources on and in close proximity to the site.
6.80 The phasing of the restoration works and the protection measures to be adopted in accordance with standard practice (along with any advanced mitigation) will minimise the impact on any species using the site. In addition, these measures will reduce any potential impact on sensitive receptors (such as to controlled waters and established habitat), both on and off site.
6.81 The site currently provides limited opportunities and habitat for local wildlife due to the dominance of exposed colliery spoil. The restoration proposals include the creation of range of new habitats, including heathland, woodland, acid grassland, species rich meadows and wetland habitat as well as public open space for recreation use. In addition, the masterplan recognises links with features in the vicinity as part of the wider green spaces network, and allows connectively with existing public rights of way, where they currently exist.
6.82 It is anticipated that an Ecological Management Plan detailing the controls to be implemented will be produced and agreed with the Planning Authority and other interest parties to ensure that the sites ecological value and the species it supports can be maximised.
6.83 It can be concluded that with the range of mitigation and enhancement measures put forward, the proposals would have a positive impact on the habitats and species present and in the long term would represent an overall improvement as new habitats, along with their ongoing management, becomes established. This is in full compliance with National and local policy and in line with the Nottinghamshire Local Biodiversity Action Plan.
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Table 6.3 Summary Impacts Table Potential Impact Spatial Extent Duration Nature Significance Brief description Local, regional or Permanent, long- Direct, indirect, Major, moderate, (with mitigation) national term or short-term secondary or minor or neutral cumulative Loss of habitat on Local Short-term Direct Minor the site. Off-site disturbance Local Short-term Secondary Minor (including dust deposition) of nearby ecological receptors during the construction phase (e.g Elkesley Hill and established woodland) – controls following best practice. Off-site disturbance Regional/National Short-term Indirect Neutral to the Sherwood Forest area (breeding Nightjar Long-term Direct Minor beneficial and Woodlark) Off-site risk of Local Short-term Secondary Neutral pollution to waters from construction works (e.g River Meden) – controls following best practice. Creation of a range Local/Regional Permanent Direct Moderate of new habitats on beneficial site.
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7.0 GEOLOGY, HYDROGEOLOGY, LAND USE AND CONTAMINATED LAND
Introduction
7.1 This chapter assesses the impact of the restoration proposals on the geological deposits, hydrogeology, hydrology and the surrounding land use receptors including site users and residents of Meden Vale.
7.2 This chapter identifies residual and potential sources of contamination and incorporates an assessment of environmental risks to both human health and the surrounding environment, both during the restoration process and post-restoration. Where necessary, specific pollution prevention controls are included to mitigate risks. This chapter does not include an assessment of the impact of construction practices on controlled waters; these are assessed in Chapter 10.
Assessment Methodology
Overview
7.3 The assessment is based on a detailed baseline description of the site and surrounding area, including information gathered from a site visit, maps, published information, local records and a desk top study.
7.4 The information sources used to compile this section include:
Ordnance Survey Explorer Map series (1:25,000); Multi-Agency Geographic Information for the Countryside web site (http://magic.defra.gov.uk). Geological Survey of Great Britain, Geological Map series (1:50,000); Groundwater Vulnerability Map series (1:100,000); Landmark Envirocheck Report (18th May 2011) including historical map extracts; Environment Agency (EA) website, including aquifer and groundwater vulnerability maps; Confidential document produced by RPS for UK Coal Ltd., as part of due diligence procedures (1994); Site walkover surveys; and borehole monitoring.
7.5 This section of the report does not constitute a full Phase 2 Quantitative Environmental Risk Assessment, however it provides an assessment of potential impacts to receptors against available pathways.
Regulatory Context
European and National Policy and Guidance
7.6 This chapter has been produced with consideration of appropriate European and National policies, legislation and guidance. The most relevant are summarised, as follows:
Water Framework Directive (2000/60/EC) 7.7 The Water Framework Directive (WFD) was adopted in 2000 and establishes a legal framework to protect and restore clean water across Europe and ensure its long-term sustainable use. The WFD addresses surface waters, transitional waters, coastal waters and groundwater, and establishes principles for water management. In England and Wales, the Environment Agency are the ‘competent authority’ responsible for the implementation of the WFD.
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Environmental Protection Act (1990) 7.8 The Environmental Protection Act introduced the concept of integrated pollution control, to prevent pollution from emissions to air, land and water. Authorisation to operate the relevant processes must be obtained from the enforcing authority.
Water Resources Act (1991) 7.9 This Act regulates water resources, water quality and pollution, and flood defence, and provides legislation regarding discharges to controlled waters. The Environment Agency enforces the Act in England and Wales, and takes action in the event of unauthorised discharges to controlled waters.
Groundwater Regulations (2009) 7.10 The Groundwater Regulations were developed as a means of preventing the entry of hazardous substances into groundwater and the pollution of groundwater by ‘non-hazardous’ pollutants. The Regulations cover both ‘direct’ (directly into groundwater) and ‘indirect’ (after percolation through soil and strata) inputs of pollutants to groundwater.
Pollution Prevention Guidelines 7.11 Produced by the Environment Agency, Pollution Prevention Guidelines (PPGs) provide advice on statutory responsibilities and good environmental practice. Each PPG addresses a specific activity or sector and PPG 1 General Guide to the Prevention of Pollution is relevant to the proposed restoration (those relevant to the associated construction activities are listed in Chapter 10).
Groundwater Protection: Policy and Practice 7.12 The Environment Agency is the competent authority for implementing the WFD in England and Wales. Its ‘Groundwater Protection: Policy and Practice’ (GP3) documents outline the EA’s approach to management and protection of groundwater. Part 4 of GP3 outlines the relevant policy and legislation, how it is interpreted by the EA, and how the EA seek to influence the activities of others in light of this.
Minerals Planning Guidance Note 3: Coal Mining and Colliery Spoil Disposal (MPG3) 7.13 This guidance provides the national policy framework for mineral planning authorities to ensure that the extraction of coal and disposal of colliery spoil only occurs with consideration of a range of social and economic factors. Annex A specifically addresses the disposal of colliery spoil.
Regional Policy and Guidance
7.14 This assessment has also been prepared with cognizance of the relevant regional and local policy and guidance, including:
East Midlands Regional Plan (March 2009); The Nottinghamshire & Nottingham Waste Local Plan (January 2002), particularly W3.6 ‘Protection of Surface and Groundwater Resources’; Nottinghamshire Minerals Local Plan (December 2005); and The Bassetlaw Local Plan (October 2001) and the Mansfield District Local Plan (November 1998).
Consultation
7.15 The Scoping Opinion from Nottinghamshire County Council has been reviewed in preparation of this chapter. The Contaminated Land Officer raised concerns about the potential for contaminants within the spoil heap and the nature of the imported material necessary for the completion of the restoration which have been addressed in this assessment.
Ground Investigation
7.16 An intrusive ground investigation was undertaken at the site on 30th and 31st August 2011. The investigation comprised the excavation of 14 trial pits, which were located in the area to the
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north of the spoil heap, around the disused rail track and in the proposed soil management area. The trial pit locations are shown on Figure 7.1.
7.17 Representative soil samples were collected from the trial pits in accordance with quality control requirement (BS5930) and submitted to Chemtest, a UKAS accredited laboratory, for analysis.
7.18 A total of 19 samples were submitted for laboratory analysis at Chemtest – 14 samples were from the upper Made Ground in each location (TP1-14) and 5 from the lower natural strata (TP1, TP4, TP7, TP9 and TP12).
7.19 The Certificates of Analysis are attached at Appendix 7.1. The soil samples were tested against a comprehensive environmental suite including TPHs, PAHs, metals, inorganics and an asbestos fibre screen.
7.20 The results have been consolidated and basic statistical analysis undertaken. The results (solid results and U95) were compared against generic Tier 1 Soil Guidance Values (SGVs) for ‘residential with gardens’ and ‘commercial and industrial’. These guidance values have been sourced from industry-accepted models and standards, including the latest 2009 LQM/CIEH Generic Assessment Criteria3. The use of guidance values is considered a conservative level of assessment to determine whether further investigation is required.
Baseline Conditions
Notable Land Uses
7.21 The site comprises a former colliery and deep coal mine operated by UK Coal Mining Ltd. The handling and processing of coal and coke is a prescribed activity, primarily for the protection of air quality. The following summary of the site history is based on Ordnance Survey (OS) map extracts from 1884 to 2011.
7.22 The OS maps from between 1884 and 1890 show the site to be undeveloped open fields and plantations in an agricultural setting. From 1918 onwards, Welbeck Colliery is shown on the maps (it is known that the colliery was operational since 1912). The 1918 plan indicates that the colliery comprised shafts, railway sidings, mine head buildings and a reservoir to the north. Spoil tips at the colliery were of relatively small scale and situated immediately south of the main operational area. A mineral railway ran southwards and connected to the main line railway.
7.23 The 1955 OS plan shows further development of the mine buildings and a large extension of the spoil tipping area to the west, into the area currently occupied by the site. An aerial ropeway is labelled. Spoil tipping also extended eastwards to a lesser extent, approximately where the proposed soil management area is located within this application.
7.24 Further expansion of the mine buildings is shown until 1961, and there was little change in the layout of the main operational area until 2011. A confidential document produced for UK Coal Ltd. provides a detailed plan of the colliery facilities in 1994, as shown in Figure 2.2. Although the main area of mine buildings is outside the site boundary, a number of facilities were located in the proposed soil management area and at the edge of the spoil heap, these include:
waste oil storage; NPT stores; diesel storage; main stores; heavy machine store; dry store;
3 The LQM/CIEH Generic Assessment Criteria for Human Health Risk Assessment (2nd Edition): Chartered Institute of Environmental Health, Land Quality Press, 2009
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explosive store; and radioactive store.
7.25 Demolition of mine buildings commenced in 2011 (not indicated on the 2011 OS map) following an asbestos strip. In addition, UK Coal site staff report that the mineshafts were backfilled in February 2011 and capped in June 2011.
7.26 From 1961 to 1992, the OS maps show continued expansion of the spoil tipping area to the south-west and the west of the site, occupying the current wider spoil heap area. During this time, a settlement lagoon was constructed on the tip for the treatment of coal processing slurry (infilled and stabilized in 2011). The mineral railway to the west of the main operational area had been dismantled by the early 1980s.
7.27 Coinciding with the expansion of the colliery from the early 1960s until the 1980s was considerable residential development in the village of Meden Vale to the south of the colliery.
7.28 The site currently comprises the unrestored, northern section of the spoil heap, areas of hardstanding and the railhead.
7.29 An historic landfill site is identified approximately 300 m south-west of the site. This was operated by Hargreaves Clearwaste Services Limited and the landfill licence permitted the tipping of industrial and special waste and liquid sludge. Licence information indicates that tipping ceased by the end of December 1989. This material was placed into a railway cutting. It is unknown as to whether the landfill was lined and whether leachate could be impacting upon the groundwater.
Geology
7.30 Reference to the published geological map for the region (Sheet 113, Ollerton, BGS 1966) indicates the site to be underlain by Permo-Triassic Pebble Beds and Lower Mottled Sandstone over Limestone and Marl over Upper Carboniferous Middle Coal Measures.
7.31 Based on shaft records for the site, the geological sequence is as follows:
Sherwood Sandstone Group (to 86 m BGL); over Marl and Magnesian Limestone (to 145 m BGL); over Carboniferous Coal Measures (to >630 m BGL).
7.32 The site is underlain by Sherwood Sandstone comprising Pebble Beds (medium to coarse grained sandstones with abundant well rounded pebbles) over Lower Mottled Sandstone (medium grained silty sandstones with thin siltstone, mudstone and breccias).
7.33 The sandstone is underlain by Middle Marl (dark red, green and brown, silty mudstones with interbedded gypsum, anhydrite and halite, and subordinate dolomites and sandstones). The upper third of the Marl comprises red sandstone and is indistinguishable from the Sandstone Beds above. The Sandstone and Upper Marl strata are considered to be in hydraulic continuity.
7.34 Underlying the Middle Marl stratum is Magnesian Limestone (soft white dolomites with sandy limestones and mudstones overlying off-white dolomites with mudstone partings) and Lower Marl (grey, argillaceous, dolomitic limestones overlain by massive argillaceous siltstone) and is generally impermeable. Below the Lower Marl is a thin band of highly permeable sandstone with breccia (the Basal Permian Sands).
7.35 The Coal Measures are recorded between 145 m and >630 m BGL and comprise sequences of mudstones, siltstones, sandstones, seatearths and coals.
7.36 The site does not contain any features of international or national geological importance. The Envirocheck Report identifies no or very low potential for collapsible, compressible, ground dissolution, landslide, clay heave or running sand ground stability hazards.
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7.37 The historical maps do not indicate any shallow mineral extraction or gravel pits at the site or in the surrounding area.
Soils
7.38 The Soil Map of England and Wales (1983) has been consulted to classify and describe the near-surface soil (namely topsoil and sub-soil) at the site. The site lies within a highly urbanised area in which soil has not been classified. Soil types from the three closest locations to the site surveyed are described below:
ABERFORD (511a): Shallow, locally brashy, well drained calcareous fine loamy soils over limestone. Some deeper calcareous soils in colluvium. BROMSGROVE (541b): Well drained reddish coarse loamy soils mainly over soft sandstone, but deep in places. Associated fine loamy soils with slowly permeable subsoils and slight seasonal waterlogging. Risk of water erosion. CUCKNEY 1 (551b): Well drained sandy and coarse loamy soils, often over soft sandstone. Risk of wind erosion.
7.39 During the site walkover it was noted that any naturally occurring topsoil has been stripped and stockpiled around the site during former works.
Made Ground
7.40 The majority of the site is covered by the northern section of the colliery spoil heap. Historical maps show the expansion of the spoil tipping area; the accumulation of the section of the spoil heap within the site boundary appears to have begun in 1955.
7.41 The spoil heap is likely to contain a high proportion of coal, particularly in the older deposits, as well as natural arisings of mudstones, siltstones, sandstones and seatearths from the coal measures.
7.42 The accumulation of the spoil heap began before the introduction of the modern waste regulatory regime, which commenced with the implementation of the regulations established in the Control of Pollution Act 1974. It is consequently possible that uncontrolled wastes from the colliery process have been placed within the spoil heap formation. These could include the following waste types: soils from development works at the site; ashes from former boilers and other thermal processes, and demolition wastes during the refurbishment of the colliery infrastructure. It should be noted that these wastes, if present, are likely to be a very small proportion of the spoil heaps total mass.
7.43 The site inspections undertaken for the development of this ES did not identify any inappropriate waste within the spoil heaps.
7.44 It was noted during inspections that a number of the buildings on the site have recently been demolished and associated rubble remains on the hardstanding in the wider colliery area. It is understood that UK Coal appointed specialist contractors to undertake asbestos surveys and carry out remedial measures where necessary prior to any demolition taking place.
Controlled Waters
Surface Water and Drainage
7.45 The nearest main river to the site is the River Meden, which flows south-west to north-east approximately 800 m to the south of the site.
7.46 The nearest watercourse sampled by the Environment Agency is a section of the Sookholme Brook (a 2.2 km stretch referred to as Sookholme Bath to River Meden) located approximately 2 km to the south-west of the site. This section has been classified as Grade A (very good) for Chemistry (both for ammonia and dissolved oxygen) and Grade 6 (very high) for Nitrogen and Grade 4 (high) for Phosphate.
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7.47 No surface watercourses cross the site. There are two settlement ponds and several drainage ditches on the site, connecting to the drainage network of the wider colliery site. A detailed description of the drainage network is provided in Chapter 8.
7.48 In addition to the existing drainage features in and around the site, a number of lagoons have been operated to treat coal processing sludge. The residual silts in the lagoons have been stabilised and infilled.
7.49 There are three discharge consents associated with the colliery site registered to UK Coal Mining Ltd. Consent WQ/7/1763 permits the discharge of spoil tip drainage to the River Meden, south of the site. Consent S34/S/5/118 permits the drainage from the main colliery site, yard and sidings to the River Meden, the discharge outlet is located to the south-east of Meden Vale. The third existing discharge consent at the site relates to the discharge of treated pumped mine water. The mine water combines with the main colliery workings surface water drainage and discharges to the River Meden. Since the cessation of mining activities it is understood that there is no current discharge under this consent. Copies of the available site drainage Consents to Discharge are attached at Appendix 7.2.
Groundwater
7.50 The Environment Agency groundwater map shows that the geology beneath the site (Sherwood Sandstone group) is classified as a Principal Aquifer (formerly known as a major aquifer). This is classified as such due to its high intergranular and fracture permeability. Principal aquifers may support water supply and/or river base flow on a strategic scale. The geology beneath the site is therefore assumed to have high leaching potential and, therefore, the groundwater is of high vulnerability.
7.51 The site lies within the Environment Agency’s total catchment Groundwater Source Protection Zone. The catchment follows the sandstone aquifer and has a number of water abstractions from within it. These are further assessed in the subsection below.
7.52 Borehole level monitoring was undertaken by both UK Coal Mining Ltd. and AAe in September 2011. Ground water levels were monitored using an Interface Meter. The consolidated results of this monitoring are shown in Table 7.1. Borehole locations are shown on Figure 7.1.
Table 7.1 Consolidated Borehole Monitoring Borehole Total Depth Ground Casing Height GW (UK Coal mAOD GW (30.9.11) mAOD (m BGL) Level (m (above GL) 23.9.11) AOD) - approx. approx. BH01 44.90 77.50 0.50 27.67 50.33 27.70 50.30 BH02 53.30 87.50 0.50 38.34 49.66 38.34 49.66 BH03 63.00 97.50 0.50 44.17 53.83 44.20 53.80 BH04 28.30 67.50 0.50 15.68 52.32 15.69 52.31 Abstraction 70.80 0.20 21.00 50.00 Well
All levels measured to top of casing
7.53 The monitoring indicates that the groundwater level at the site is between approximately 49.6 m AOD and 53.8 m AOD and flows from the south-west to the north-east.
7.54 Groundwater quality is yet to be determined. A monitoring scope of works will be agreed with the Environment Agency and will be undertaken as part of the development of the groundwater quantitative risk assessment which will form part of a Phase 2 Environmental Risk Assessment (ERA) for the site. This report will evaluate whether the nearby landfill, spoil
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heap and colliery works have caused deterioration in the upper sandstone aquifer, the need for remedial works and will assist in the derivation of the necessary standards for the imported fill material as part of the Material Management Plan (MMP).
Abstractions
7.55 There are two abstraction licences registered to UK Coal Mining Ltd. and RJB Mining (UK) Ltd at the colliery. The locations of the abstractions are shown in Figure 2.1.
7.56 Shallow water from the Sherwood Sandstone is abstracted under Licence 3/28/71/5/S/R from a spring pump adjacent to the River Meden (Well 1). The EA classify this abstraction as from surface water. Based on figures held at the colliery, total annual abstraction volumes for 2008, 2009 and 2010 were approximately 177 mega litres, 215 mega litres and 315 mega litres, respectively. The licence permits a maximum abstraction of 41 mega litres per month.
7.57 Licence 3/28/71/36/G permits the abstraction of groundwater from two 130 m deep boreholes in the Lower Magnesium Limestone (Well 2). The licence permits the abstraction of 400 mega litres per year. The total annual abstraction volumes in 2008, 2009 and 2010 were 201 mega litres, 211 mega litres and 117 mega litres, respectively.
7.58 A further abstraction of mining effluent from the shafts was undertaken without the need for an abstraction licence.
7.59 Abstraction of groundwater at the colliery ceased in late 2010. It is considered possible that the cessation of abstraction may result in the rebounding of the water table, which may present a risk to groundwater quality. However, groundwater information indicates that the water table in the wider area is at a level consistent with the levels monitored by UK Coal and AAe.
7.60 Within the groundwater total catchment area there are 2 current non-Welbeck Colliery abstractions within 2 km of the site. These are listed in Table 7.2 along with their distance from the site.
Table 7.2 Non-UK Coal Groundwater Abstraction within 2 km of the site
Operator (Licence number) Distance from the site Use (annual volume) A E Bowring & Sons Ltd > 1 km SE of the site Agriculture (03/28/71/0019) (not supplied) A E Bowring & Sons Ltd > 1 km SE of the site Agriculture (03/28/71/0040) (not supplied)
7.61 Catchment Abstraction Management Strategies (CAMS), developed by the EA, set out how water resources are managed within a catchment area. The site is located within the Idle and Tome CAMS area which is currently closed to further abstraction in winter and summer and no further abstraction licenses will be granted. The proposed restoration scheme does not require any further abstraction.
Potentially Contaminating Land Uses
Spoil Heap
7.62 The section of the spoil heap within the site boundary dates back to 1955. The older deposits are likely to contain a high proportion of coal which may represent a source of elevated arsenic levels, occurring naturally in pyrite.
7.63 Weathering and leaching of soluble materials from colliery spoil, particularly chlorides, sulphates and metals, are known to have resulted in contamination of aquifers in coal mining areas. Metal-rich waste materials from mining are also recognised as a potential source of contamination of soils and sediments. Mine water also has the potential to contribute to ochre
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deposition and acidification of nearby watercourses, although the quality of mine waters varies considerably.
7.64 Pre-1974 there was limited legislation regarding the regulation of waste and therefore it is acknowledged that, in addition to the natural arisings from the mine, there is the potential that industrial waste materials may have been deposited in the spoil tipping area. However, investigations and inspections to date have found no evidence to suggest this.
7.65 The potential for the spoil heap to have contaminated the underlying groundwater is currently unknown. If contaminants are or have been present in a leachable form, there is a residual risk that the spoil heap may have given, or is currently giving, rise to groundwater pollution. However, given the age of the spoil heap, if any contamination is present, it is likely to be extensively weathered and degraded, and any ongoing pollution to groundwater is unlikely.
7.66 The change in land use from the mixed use of agriculture and woodland management to one of recreation changes the characteristics of the users (to one that includes young children) and the way they potentially could interact with the soils. In the event that significantly contaminated soils are used in the restoration these changes could increase the risks to human health.
Colliery Site and Surrounding Area
7.67 Until the early 1900s, the site was occupied by undeveloped agricultural land, which is not considered to have the potential for any significant contamination.
7.68 The colliery was operational from 1912 to 2010. Historical maps indicate the presence of numerous buildings associated with the colliery from the 1940s and 1950s onwards. The confidential RPS report identifies that a wide range of chemicals and other materials were stored in the colliery area. The main storage locations in relation to the site boundary are shown on Figure 2.2.
7.69 It is considered possible that spillages occurred from the stores at the colliery which may have given rise to contamination.
7.70 Electrical sub-stations are known to have been present on the colliery site. All transformers on the site were tested in 1992 and an internal audit of August 1992 stated that all PCBs were removed from the site.
7.71 Another potential source of contamination is from the historic landfill site, which could be causing pollution to the underlying groundwater.
7.72 The potential contamination sources associated with the former land uses at the site and the surrounding area are set out in Table 7.3.
Table 7.3 Potential Contamination Sources Land uses Key potential contaminants Coal mining (including spoil heap) Metals and metalloids Arsenic – naturally present in coal Chlorides, sulphates and other mineral compounds Hydrocarbons, PAHs and asbestos – inappropriate disposal of industrial waste and boiler ashes. Oil and fuel storage; plant use Hydrocarbons – spills and leaks from fuel tanks and/or associated with mining works refuelling, and plant lubricants. Made ground PAH’s – typically from ashes within the made ground and burning. Metals and metalloids – typical contaminants associated with made ground. General construction waste – due to inappropriate disposal. Hydrocarbons – from oil and fuels due to spills and leaks. Railway sidings Hydrocarbons (fuels) – Leakage and/or spillage from vehicles/machinery.
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Land uses Key potential contaminants Hydrocarbons (mineral oil, greases and preservatives) – Spillage and leakage of track maintenance products. PAHs – Residues from burning of fossil fuels. Solvents – Cleaners, degreasers and adhesives. Landfill (industrial waste, special Hydrocarbons waste and liquid sludge) Metals and metalloids Asbestos PAHs Electrical sub-station Hydrocarbons including PCBs – leakage.
Ground Investigation Results
7.73 As outlined in the assessment methodology, 19 soil samples were taken from trial pits to the north of the spoil heap, around the rail track and in the proposed soil management area (as shown in Figure 7.1) and tested against a comprehensive environmental suite. The consolidated results of the ground investigation and basic statistical analysis are attached at Appendix 7.1.
7.74 The results show no exceedances of commercial and industrial soil guidance values. No existing residual contamination hotspots have been identified and therefore no remediation is considered necessary prior to the commencement of works.
7.75 No significant contamination was noted at depth and no signs of leaching were observed.
7.76 The ground investigation did not include an assessment of the composition of the spoil heap. As it is acknowledged that the spoil heap has the potential to contain residual contamination, an investigation of the spoil heap will be undertaken as part of the Phase 2 ERA.
Mitigation Measures
7.77 It is possible that residual contaminants may be present within the spoil heap, due to the composition of the spoil and inappropriate disposal of waste. As the spoil heap has been present on the site since 1955, and spoil tipping occurred in the wider colliery area prior to that, it is considered that if any leachable contamination was present, pollution of groundwater resources would already have occurred.
7.78 Despite this, an investigation of the spoil heap is proposed as part of the Phase 2 ERA to assess its composition and identify any residual contaminants and if necessary remedial works. If residual contaminants are found to be present in the spoil heap, the risk to groundwater from the proposed restoration scheme will be no different to the baseline condition.
7.79 As part of the Phase 2 ERA, a Hydrological Risk Assessment will be produced. Current groundwater quality will be established through detailed routine monitoring. This will indicate whether the spoil composition, possible inappropriate waste disposal or the proximate historic landfill has had an effect on the groundwater conditions.
7.80 Suitable engineering fill material will be imported onto site and used to fully restore the site to approved levels. The importation will be strictly controlled under a Materials Management Plan and in accordance with the waste regulatory regime. This Plan will set out the necessary quality standards and controls to protect the underlying aquifer, which will be discussed and agreed with the Planning Authority and the EA.
7.81 During the works and post-restoration, a regular sampling regime will be implemented to ensure that the restoration has no adverse impact on groundwater. The monitoring regime will be agreed and discussed with the EA.
7.82 In the absence of mitigation measures, if any residual contamination is present in the spoil heap, this may present a risk to future users of the site. The proposed scheme will mitigate
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any risk to human health by the capping of the spoil heap by the imported material which will be regulated by controls in the MMP; this will sever the contact pathway between users of the site and residual contaminants in the spoil heap.
7.83 The results of the ground investigation identified no residual contamination hotspots to the north of the spoil heap, around the rail track or in the proposed soil management area. Therefore, no remediation is considered necessary. The potential effects of the construction activities and mitigation measures to protect groundwater resources during the restoration are assessed in Chapter 10.
7.84 The site will be subject to a site condition report before and after the development. This report forms the basis of the Bespoke Environmental Permit and will include the Phase 2 ERA. It is recognised that the operation of a railway line can give rise to pollution of the surface soils and become a pollutant source. The site condition report process will ensure that the land quality does not worsen during the proposed restoration works. In the event that unacceptable levels of contamination are identified remedial works will be undertaken.
7.85 Contaminated mine water has the potential to pollute nearby watercourses and aquatic ecosystems, however, it is known that mine water quality varies considerably from site to site. There is no evidence from EA water quality monitoring of nearby watercourses to suggest that there has been any significant negative effect on aquatic ecosystems.
Assessment of Impacts
Controlled Waters
7.86 Prior to the commencement of the scheme, a Phase 2 ERA (including a Hydrological Risk Assessment) will be undertaken to ascertain baseline groundwater conditions at the site and investigate the composition of the spoil heap in order to identify any residual contamination. The risk assessment will determine the need for any remedial works.
7.87 The risk to controlled waters from any residual contamination identified within the spoil heap will be no worse than existing as a result of the proposed restoration, and therefore the impact on controlled waters will be neutral.
7.88 The baseline understanding of the groundwater conditions and the Hydrological Risk Assessment will be used to inform the MMP, which will outline the environmental standards for the material to be imported as part of the restoration. To ensure that there is no adverse impact on controlled waters during and after the scheme, a regular sampling regime will be carried out (discussed and agreed with the EA). This will ensure that the impact of the proposed scheme on controlled waters is neutral.
Human Health
7.89 The MMP will set out the necessary standards for the material to be imported at the site. This will be discussed and agreed with the EA prior to the commencement of any importation. The imported material will provide a capping layer above the existing spoil heap to sever contact pathways to any residual contamination. Consequently, the impact of any potential residual contamination on future users of the site is considered neutral.
7.90 Whilst the site investigation showed no significant contamination, further samples will be taken as part of the development of a Phase 2 ERA. This will determine whether the change in land use necessitates any remedial works. These works will be undertaken in conjunction with the restoration regime. Remedial works will be agreed with the Planning Authority, Local Authority and Environment Agency prior to restoration commencing.
7.91 Fugitive dust emissions during construction will be managed in accordance with the site controls detailed in Chapter 10.
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Ecosystems
7.92 The nearest watercourse sampled by the EA shows no evidence that aquatic ecosystems have been negatively impacted upon by the colliery.
7.93 The MMP will set out the necessary standards for imported material used in the proposed restoration scheme. This will be based on an investigation of existing groundwater conditions. The MMP will ensure that nearby aquatic ecosystems are not negatively affected by the restoration. It is therefore considered that the impact of the proposed scheme on ecosystems is neutral.
Summary
7.94 The assessment has been undertaken based on a detailed baseline description of the site, including information gathered during site walkovers, a ground investigation, a desk top study of relevant published information and maps and local records. The assessment has identified residual and potential sources of contamination and the potential impacts of these on sensitive receptors as a result of the proposed restoration.
7.95 The site occupies part of a former underground coal mine. The majority of the site comprises the northern, unrestored section of a spoil heap, areas of hardstanding and a railhead.
7.96 The colliery was operational between 1912 and 2010. It initially comprised shafts, railway sidings, mine head buildings and a reservoir to the north.
7.97 Spoil tips at the colliery were relatively small scale, located immediately south of the main operational area, until 1955. Post-1955, the spoil tipping extended to the west, in the area currently occupied by the site. Settlement lagoons were constructed on the spoil heap between the 1960s and 1990s, and were infilled and stabilized in 2011.
7.98 Potential contamination sources relate to the colliery facilities and the spoil heap. The majority of the colliery buildings were not located within the site boundary, although a number of storage facilities (including diesel, waste oil and heavy machine storage) were located in the proposed soil management area and at the edge of the spoil heap. A ground investigation of these areas was undertaken by AAe in September 2011. The test results showed no exceedances of ‘commercial and industrial’ SGVs and no residual contamination was identified. Demolition of the colliery buildings commenced in 2011, following an asbestos strip.
7.99 It is possible that residual contaminants are present within the spoil heap. This relates to potential soluble materials (such as chlorides, sulphates and metals), arsenic in coal and inappropriate industrial waste deposits.
7.100 Prior to the commencement of the scheme, a Phase 2 ERA (including a Hydrological Risk Assessment) will be undertaken. This will assess baseline groundwater conditions through detailed routine monitoring, discussed and agreed with the EA and investigate the composition of the spoil heap in order to identify any residual contamination. This will indicate whether the spoil composition, possible inappropriately disposed material or the proximate historic landfill has had an effect on groundwater conditions. If residual contamination is found, the risk to groundwater from the proposed scheme will be no worse than existing.
7.101 The Phase 2 ERA will inform the production of a Materials Management Plan (MMP) which will outline the environmental standards for the material to be imported as part of the restoration. This will be discussed and agreed with the EA prior to commencement of any importation and will include strict controls on imported material in order to mitigate any potential impact on sensitive receptors. The imported material will provide a capping layer to sever the contact pathways between future site users and any residual contamination.
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Table 7.4 Summary Impacts Table Potential Impact Spatial Extent Duration Nature Significance Brief description Local, regional or Permanent, long- Direct, indirect, Major, moderate, (with mitigation) national term or short-term secondary or minor or neutral cumulative Pollution of Regional Long-term Direct Neutral controlled waters (strict regulation of imported material under MMP; groundwater monitoring) Degradation of Regional Long-term Indirect Neutral aquatic ecosystems (strict regulation of imported material under MMP) Health risk to Local Long-term Direct Neutral future users of the site (capping layer of imported material)
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8.0 HYDROLOGY
Introduction
8.1 This chapter assesses the hydrology and flood risk effects associated with the proposed restoration of the exposed spoil heap at Welbeck Colliery. The purpose of this chapter is to determine whether the restoration may affect the hydrology, surface water drainage and flooding of the site and surrounding area and, if necessary, propose suitable mitigation.
8.2 The chapter assesses the impacts of the restoration on hydrology, primarily in terms of flood risk and drainage design. The assessment of pollution risks to controlled waters is assessed in Chapter 7. The impacts of the construction activities on hydrology and associated mitigation measures are examined in Chapter 10.
8.3 The assessment encompasses details of the existing and proposed surface water systems, hydrology and flooding. Indicative drainage calculations have been produced to demonstrate that surface water run-off rates will meet statutory regulatory requirements.
Assessment Methodology
Policy and Overview
8.4 The assessment has been prepared in accordance with the requirements outlined in Planning Policy Statement 25 (PPS25) and in line with the principles of Mansfield District Council Strategic Flood Risk Assessment (SFRA). The content of the assessment is also based on details contained within, or with reference to, the following relevant standards, guidance, best practices and specific details related to the existing site and proposed works:
‘Flood Estimation Handbook’, The Institute of Hydrology; ‘Planning Policy Statement 25: Development and Flood Risk’, the Office of the Deputy Prime Minister; ‘Pollution Prevention Guidance’ series, Environment Agency; ‘Flood Risks to People’, Environment Agency; ‘FRA Guidance Note 1’, Environment Agency; ‘Preliminary Rainfall Runoff Management for New Developments’, Environment Agency/Defra; ‘C697 The SUDS Manual', CIRIA; ‘Mansfield District Council Strategic Flood Risk Assessment’, RPS Planning and Development Ltd., dated June 2008; ‘MPG3: Coal Mining and Colliery Spoil Disposal’; ‘East Midlands Regional Plan’ (March 2009); and ‘The Nottinghamshire and Nottingham Waste Local Plan’ (January 2002).
8.5 The hydrological site conditions, flooding and water quality were determined by consulting maps, topographical surveys and published information regarding the existing conditions at the site and surrounding area. In addition, a drainage site inspection was undertaken during site walkovers. The information sources used to compile this section include:
Landmark Envirocheck Report (18th May 2011); Site walkover surveys; Environment Agency (EA) website (www.environment-agency.gov.uk); and Mansfield District Council Strategic Flood Risk Assessment (June 2008).
8.6 This chapter assesses the impact of the permanent restoration area on hydrology and drainage; as the area made temporarily available for construction activities will remain as existing, it is not included in the permanent drainage design. The long term drainage solution of the land made temporarily available will be incorporated into future planning applications.
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Drainage Calculations
8.7 An initial assessment of the potential volumes and rates of surface water run-off generated by the site has been made using indicative peak run-off rates for a disused coal tip and high permeability soils set out within the Mansfield District Council SFRA. The initial assessment has been made using a simple run-off hydrograph based upon the peak discharge rate for the total restoration area being achieved over a 24 hour rainfall event. Similarly the permissible discharge rate has been calculated based upon the peak discharge rates and the total restoration area.
8.8 An indication of the volume of storage required on site has been calculated using the Source Control module within WinDes, the results of which are included at Appendix 8.1. This assessment has been undertaken to determine the total volume of storage required to limit discharge rates from the site, for the design event, to achieve greenfield run-off rates. The total storage volume has been distributed throughout the total catchment area as a series of cascading ponds and swales.
8.9 It should be noted that the run-off rates used in this assessment are considered as conservative and outline only. The calculations have been undertaken to demonstrate that suitable attenuation and storage capacity can be accommodated within the design of the site. Additional site specific information will be collated during the detailed design stage, including undertaking soak away tests in accordance with BRE guidance, to determine potential infiltration rates and to refine the swale and pond design. It is anticipated that the detailed design will be a pre-operational condition.
Baseline Conditions
Existing Levels and Site Information
8.10 The proposed restoration area measures 35.9 hectares. It comprises the northern section of the spoil heap. The remainder of the site, approximately 5.4 hectares, is the land temporarily required to complete the restoration works. This area includes the rail track and an area to the east of the restoration boundary which will be utilised as the soil management area.
8.11 Once the restoration is complete, this temporarily available area will be released back to the landowners. The land will be re-incorporated into the wider regeneration masterplan for the colliery workings. This area is therefore not included in the permanent drainage design of this application.
8.12 The site topography ranges from approximately 130 m AOD (a stockpile of material on top of the highest point of the spoil heap) to approximately 75 m AOD in the void space.
8.13 Land to the south of the restoration site has already been restored and is well-vegetated.
8.14 The nearest main river to the site is the River Meden, which flows south-west to north-east approximately 800 m to the south of the site.
8.15 The nearest watercourse sampled by the Environment Agency is a section of the Sookholme Brook (a 2.2 km stretch referred to as Sookholme Bath to River Meden) located approximately 2 km to the south-west of the site. This section has been classified as Grade A (very good) for Chemistry (both for ammonia and dissolved oxygen) and Grade 6 (very high) for Nitrogen and Grade 4 (high) for Phosphate.
8.16 The site is not located within the EA’s indicative floodplain Zone 2 or 3 (Environment Agency website, September 2011) and is therefore not considered at risk of fluvial flooding. The floodplain maps are shown in Figure 8.1.
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Existing Drainage Design
8.17 The existing drainage at the site and the surrounding wider colliery area is shown in Figure 8.2, and is summarised as follows with reference to the target notes (TNs):
TN 1: Run-off from the northern part of the site collects in natural gullies and a drainage ditch and flows via a subsurface drain to the Upper Brickworks Pond. There is an oil boom at the outlet of this settlement pond. TN 2: The outflow from the Upper Brickworks Pond connects to the Lower Brickworks Pond via subsurface drainage. TN 3: Run-off grates direct surface water from adjacent hardstanding to the Lower Brickworks Pond. TN 4: A ditch in and adjacent to the unrestored eastern side of the spoil heap directs run- off to the Lower Brickworks Pond. TN 5: The outflow pipe from the Lower Brickworks Pond connects, via a subsurface pipe, to a series of settlement ponds and lagoons, which then discharge to the River Meden via a brick built oil interceptor and culvert. These ponds also receive run-off from the former colliery yard. TN 6: A drainage gully running alongside the rail track collects surface run-off from the slopes and hardstanding north of the site. This gully connects to Pond 1, located immediately north of the proposed soil handling area. Surface run-off from the slopes to the north and east is also attenuated in this pond. TN 7: The outflow pipe from Pond 1 connects to Pond 2, although it is reported by site personnel that Pond 2 rarely contains water. Pond 2 discharges to the River Meden. Both ponds have oil booms and cut-off facilities at the outlets. TN 8: The western side of the spoil heap is bordered by a well-vegetated drainage ditch. TN 9: Any surface water that does not infiltrate in the ditch is directed to a soakaway. TN 10: South of the site, the restored section of the spoil heap is well-vegetated, maximising infiltration on the slopes. It is bordered by a heavily vegetated drainage ditch on all sides. Any surface run-off reaching the drainage ditch is infiltrated or directed to a balancing pond. Although there is a discharge via a culvert into the River Meden, it appears to act predominantly as a soakaway. TN 11: A drainage ditch in the higher slopes of the restored spoil heap directs run-off to the lower drainage ditch or to the Lower Brickworks Pond.
8.18 Drainage from the main colliery site, yard and sidings discharges to the River Meden under consent S34/S/5/118. The discharge outlet is to the south-east of Meden Vale. Consent WQ/7/1763 relates to the discharge of spoil tip drainage to the River Meden, south of the site. The discharge points are shown on Figure 8.2. The site drainage Consents to Discharge are attached at Appendix 7.2.
8.19 There is an additional existing discharge consent at the site relating to the discharge of treated pumped minewater. The minewater combines with the main colliery workings site drainage. Since the cessation of mining activities, there is no current discharge under this consent.
Identification of Potential Flooding Sources and Existing Flood Risks
Flooding from Rivers and Seas
8.20 The EA flood map indicates that the site is not located within Flood Zone 2 or 3 and is not considered to be at risk of flooding from rivers or seas.
Flooding from Surface Water Features
8.21 The surface water features at the site and the wider colliery area are part of the existing drainage system and regulated by outflow pipes and subsurface drains that discharge to the River Meden. Due to the regulation of these features, they are not considered to pose a flooding risk to the site.
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Flooding from Groundwater
8.22 Groundwater flooding is not considered to be a risk at the site. The depth of the underlying groundwater and the topography of the site and surrounding area render the potential risk for flooding from groundwater as negligible. The potential effects of the proposed restoration on the underlying aquifer are assessed in Chapter 7.
Flooding from Surface Water Run-off
8.23 Mansfield District Council SFRA (2008) identifies that spoil heaps from disused mine workings are a potential source of flooding within the district. It identifies the former spoil tip at the site stating that “a particular flooding risk is associated with the coal tip at Meden Vale which has caused recurrent incidents of flooding from surface run-off”.
8.24 Anecdotal flood records from UK Coal site staff identify two flood events associated with the former colliery (refer to Figure 8.3):
approximately 10 years ago, a former lagoon (located to the west of the existing Pond 1) that was surface water fed, is reported to have been breached. The breach flood flowed over ground along the railway track, past Pond 2, around the bridge and diverted down a footpath to Meden Vale village. Approximately 10 properties on the eastern edge of Meden Vale were inundated to shallow depths. RPS consultants responsible for the Mansfield District Council SFRA confirmed that homeowners in Meden Vale suffered significant mud slurry over their gardens. Remedial measures were implemented to the lagoon; and approximately 5 years ago (possibly during the extreme flood events of 2007) a period of intense rainfall led to large volumes of surface run-off over the hardstanding areas associated with the colliery. Localised flooding occurred as surface water flowed down the hardstanding road adjacent to the spoil heap, past the sports grounds, inundating the roundabout north of the village. It is reported that no properties were affected. It is understood that this event led to the construction of the grates in the hardstanding referred to in Figure 8.2, TN 3. These grates intercepted the over-land flow directing it to the engineered drainage system.
8.25 Table 8.1 is taken from the Mansfield District Council SFRA and shows indicative run-off rates from different surfaces in the district. The SFRA states that run-off from high permeability soils would be characteristic of the greenfield run-off rates from the permeable sandstone and limestone based soils which dominate the district.
Table 8.1 Indicative Peak Surface Water Run-off Rates (Source: Mansfield District Councils SFRA, 2008).
Consultation
8.26 The Scoping Opinion emphasized the need to consider surface water as part of this assessment, in particular changes to overland flow due to changes in topography or ground conditions. It was advised that there should be no net increase in flows from the site to adjacent catchments and any increase in impermeable surfaces will be required to be managed on site.
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8.27 The Scoping Opinion also made reference to the findings of the Mansfield District Council SFRA and highlighted the need to consider the existing drainage system of the entire colliery tip in order to inform the hydrological assessment and proposed drainage design.
Mitigation Measures
8.28 The site is not located within the floodplain and therefore is not considered at risk of flooding. However, as the site is in excess of 1 hectare, an evaluation of the drainage design is considered necessary, as changes to topography and/or ground conditions have the potential to alter run-off characteristics and therefore have the potential to increase off-site flood risk. The measures outlined in this section will mitigate any potential risk, ensuring that there is no net increase in flows from the site to adjacent catchments.
Operational Phase
8.29 In order to mitigate any off-site flood risk resulting from the proposed restoration, the drainage system will be designed to maximise infiltration and attenuation at the site, in order to improve the existing situation and reduce off-site flood risk.
8.30 The drainage design shown in Figure 8.4 demonstrates the capability of the site to attenuate sufficient volumes to achieve anticipated greenfield run-off rates and to maximise infiltration. The proposed drainage solution will need to be refined during the detailed design stage, however it mitigates the risk of off-site flooding from surface water in the following ways:
Surface water features (swales and ponds) on site will be un-lined in order to maximise infiltration in addition to attenuation on the site; Run-off from the south-west of the restoration area will be attenuated and/or infiltrated in Pond C, in order that it does not contribute to run-off volumes from the southern part of the spoil heap; The outflow from Pond C joins Swale A, which will flow to the north-east, ultimately connecting to Pond B; Pond B and Pond C will attenuate surface run-off from the majority of the site and maximise infiltration. The outflow from Pond B connects to Pond A; and the outflow from Pond A will connect with the existing wider colliery drainage system. It will be regulated to ensure that discharge from the site does not exceed greenfield run-off rates.
8.31 The drainage calculations used to develop this design (attached at Appendix 8.1) are conservative and can be considered as indicative only at this stage. The calculations are based on the run-off rates shown in Table 8.1. This drainage design demonstrates the capability to attenuate in excess of 21,000 m3 on site in order to meet the indicative greenfield run-off rates. At the detailed design stage, the appropriate detailed methodologies for calculating the run-off generated by the site and the limiting greenfield discharge will be determined and agreed with the EA in order to inform the final drainage system. This will include determining the dimensions, storage volumes and flow controls linking each attenuation feature. The drainage design will ensure that surface run-off from the site does not contribute to run-off rates from the restored southern section of the spoil heap.
8.32 The 2002 permitted restoration is shown in Figure 2.3 (refer to Section 2.5). No surface water attenuation features or wetland features are shown. The planning permission conditions (no. 17) stated that a surface water drainage design would be submitted as part of the detailed design. No drainage proposals are available for the permitted scheme. Without wetland areas or ponds shown, it is considered that the proposed restoration drainage will offer significant betterment compared to the original consented scheme.
8.33 The soil handling area does not form part of the permanent restoration area. The area currently drains into the existing surface water network. Anti-pollution measures will be installed into the drainage in agreement with the Environment Agency, however as the land is only temporarily used no sustainable urban drainage measures are to be incorporated. It is
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anticipated that this area of the site will be subject to a full review of the drainage during any future planning applications regarding the regeneration of the former colliery site.
Construction Phase
8.34 The restoration of the spoil heap requires the importation and contouring of suitable fill material. During the construction phase, the slopes will be bare and the gradient will be increased, resulting in an anticipated increase in run-off with potentially high suspended solid loads.
8.35 In order to mitigate this impact, attenuation ponds will be constructed in the east and west of the site (in the approximate location of ponds A and C as shown on the attached plan). The connecting swale will be constructed maximising infiltration. This will be used to intercept and attenuate run-off and will also act as a settling pond to reduce the suspended solid load, before connecting to the wider existing drainage network.
8.36 During the restoration, completed areas will be vegetated as soon as practicable in order to maximise infiltration on the slopes and minimise suspended solid loads.
8.37 Prior to operation of the site, the final drainage system will be constructed, as outlined above, in accordance with agreements made with the EA and Planning Authority.
Assessment of Impacts
8.38 This section assesses the impact of the proposed restoration scheme on the hydrology of the site and surrounding areas, particularly flood risk, both during the restoration phase and post- restoration, after the implementation of any mitigation measures specified. The assessment should be read alongside the summary impacts table (Table 8.2).
8.39 The proposed restoration will result in changes in surfacing and contouring at the site. This has the potential to increase flood risk, in particular off-site, due to increase surface run-off and increased depths of water.
8.40 The risk of flooding from rivers and seas at the site is considered to be negligible, due to the topography and the location of the site outside of the EA’s modelled designated flood Zones 2 and 3.
Operational Phase
Surface Run-off
8.41 Post-restoration, the site has the potential to increase off-site flood risk, due to the increased surface run-off. The Scoping Opinion highlighted this potential impact and stated that the final drainage design should not contribute to surface run-off from the southern restored section of the spoil heap.
8.42 In order to mitigate this risk, the drainage system will be altered in order to ensure that run-off rates from the site do not exceed greenfield run-off rates for high permeability soils, which will represent a betterment compared with the existing situation. The drainage design presented in Figure 8.4 demonstrates the capability of the site to attenuate volumes sufficient to achieve this, using indicative run-off calculations. The final design and relevant greenfield run-off rate will be agreed with the EA at the detailed design stage.
8.43 The Mansfield District Council SFRA identifies issues regarding surface run-off from spoil heaps in the district. The proposed attenuation areas will ensure that run-off from the site is regulated in order to mitigate this risk. Furthermore, the drainage design will divert run-off so that it does not contribute to the run-off volume from the restored southern section of the spoil heap.
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8.44 The run-off rates from the proposed restoration are significantly better than the previous permitted restoration scheme.
8.45 It is therefore considered that, after mitigation, the impact of the restoration in its operational phase on surface run-off and consequently off-site flood risk, is of a moderate beneficial impact.
Safety of Site Users
8.46 Following periods of intense precipitation, the swales and ponds have the potential to attenuate water to depths that may pose a risk to future site users (in excess of 250 mm). In order to mitigate this risk, attenuation features will be suitably demarcated with appropriate warning signs.
8.47 There remains a residual risk from over-topping of the surface water features on-site, however this will be no worse than existing. In order to maintain the capacity of surface water features, they will be dredged as necessary, if significant accumulation of particulate matter is evident.
Construction Phase
Surface Run-off and Suspended Solid Loads
8.48 During the construction phase, the spoil heap will be bare and un-vegetated and therefore has the potential to contribute to surface run-off rates and suspended solids load.
8.49 In order to mitigate this, ponds to the east and west of the site will be constructed in order to attenuate surface water and settle out suspended solids. The swale and temporary drainage ditches will be constructed into the imported material in order to direct the run-off towards these ponds and away from the surrounding land. The capacity of the ponds will be sufficient to accommodate for the increase in surface run-off due to increased gradient. These ponds will promote infiltration and the settling out of suspended solids.
8.50 Drainage east of the site will remain as existing. Surface water east of Pond A will continue to be directed to the existing drainage ditch in the north of the site, towards Ponds 1 and 2. Anecdotal evidence from UK Coal site staff indicates that the capacity of these ponds exceeds the existing need and, therefore, they are expected to be sufficient to accommodate for any potential increase in run-off. As soon as practicable, the final drainage features will be constructed.
8.51 The outflow from all of the ponds will be regulated by raised discharge pipes.
8.52 Completed areas of the restored spoil heap will be stabilised and vegetated as soon as practicable to maximise infiltration and minimise suspended solid loads.
8.53 The impact of the construction phase on hydrology on- and off-site is therefore assessed to be neutral.
Summary
8.54 The assessment has been undertaken based on existing site information, including information gathered during the site walkover, baseline data regarding the characteristics of the surrounding area and indicative drainage calculations. The assessment has identified potential impacts of the proposed restoration, particularly on off-site flood risk. Where necessary, mitigation has been outlined that will be implemented during the construction phase or when the site has been fully restored.
8.55 The site area measures 40.3 hectares. The majority of the site is occupied by the unrestored section of a spoil heap and void space (35.9 ha). The remainder is an area of approximately 5.4 hectares and is land made temporarily available for use as the soil management area and associated infrastructure. This area will not be part of the final restoration area and the
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characteristics of this section of the site will not change, and therefore it has not been considered in this assessment.
8.56 The existing drainage of the site and wider colliery comprises of a series of settlement ponds, ditches and lagoons. Discharges from the site are permitted under three discharge consents to the River Meden (two of these relate to surface water run-off; the other relates to minewater).
8.57 Potential sources of flooding have been identified, and the only significant risk is the potential off-site risk caused by increased surface run-off. Accounts of two previous flood events related to the site have been obtained from UK Coal site staff and it is understood that remedial measures were implemented to prevent re-occurrence.
8.58 The site is not located within EA flood zones 2 or 3, and it is therefore not considered at risk of fluvial or coastal flooding. The groundwater beneath the site is considered to be at sufficient depth to pose no risk to future users of the site (the impact of the restoration on the underlying aquifer is assessed in Chapter 7).
8.59 In order to mitigate the potential risk posed by surface run-off, the drainage of the site will be designed to limit surface run-off rates. Indicative calculations and the drainage design indicate that the site has the capability to attenuate sufficient quantities of surface water to achieve greenfield run-off rates. The drainage design for the proposed restoration will not contribute to run-off from the southern restored part of the spoil heap.
8.60 The relevant greenfield run-off rate and final drainage system will be agreed with the EA and Planning Authority at the detailed design stage. This will determine the dimensions, storage volumes and flow controls linking each attenuation feature that will be necessary to regulate run-off to greenfield rates. The run-off rate is anticipated to be better regulated than the existing run-off and of that of the previously permitted scheme.
8.61 During the construction phase, ponds will be constructed in the west and east of the site to attenuate increased run-off volumes resulting from the steeper gradient. Suspended solid loads are anticipated to be high due to the temporarily un-vegetated slopes and these ponds will facilitate the settling out of suspended solids.
8.62 The existing drainage system will remain for as long as practicable. The final drainage features will be constructed prior to the operation of the restored site.
8.63 The proposed drainage system will result in betterment compared with the existing situation and the previous permitted scheme, with regards to off-site flood risk.
Table 8.2 Summary of Impacts Potential Impact Spatial Extent Duration Nature Significance Brief description Local, regional Permanent, long- Direct, indirect, Major, moderate, (with mitigation) or national term or short-term secondary or minor or neutral cumulative Fluvial and coastal N/A N/A N/A N/A flood risk Groundwater N/A N/A N/A N/A flooding Off-site risk from Local Permanent Direct/Indirect Moderate surface run-off post- beneficial restoration (drainage design promoting infiltration and limiting run-off to greenfield rates) Off-site risk from Local Short-term Direct/Indirect Neutral surface run-off during construction phase (construction of attenuation pond to the east of the
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Potential Impact Spatial Extent Duration Nature Significance Brief description Local, regional Permanent, long- Direct, indirect, Major, moderate, (with mitigation) or national term or short-term secondary or minor or neutral cumulative site) Increased Local/Regional Short-term Direct/Indirect Neutral suspended solid loads in surface waters during construction phase (settling out of particulate matter in pond and stabilisation of completed areas as soon as practicable) Safety of site users Local Short-term Direct Neutral (demarcation of attenuation features; dredging of surface water features, if necessary)
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9.0 TRANSPORT
Introduction
9.1 This Chapter of the ES deals with the environmental impact of the traffic that will be generated by the completion of the proposed restoration scheme on the site. For the purposes of this Chapter, it is assumed that the importation of approximately 1,900,000 m³ of additional fill material from outside of the adjoining colliery is required to complete the restoration scheme in order for the site to facilitate longer term future amenity use for the local community.
9.2 A full Transport Assessment (TA) has been produced as a separate document. The TA has been undertaken in consultation with the officers of the local highway authority, Nottinghamshire County Council (NCC). These discussions have included the scope and methodology of the TA. The TA has been produced in accordance with the ‘Guidelines of Transport Assessment’ (Department for Transport, March 2007) (Ref: 9.1).
Assessment Methodology
9.3 The Institute of Environmental Management and Assessment (IEMA) has prepared ‘Guidelines for the Environmental Assessment of Road Traffic (Guidance Note No. 1)’ (Ref: 9.2). This Chapter fully assesses the environmental impact of the road traffic generated by the proposal in accordance with the criteria set out in this document. The method for each impact assessed is set out below.
Severance
9.4 Severance is the perceived division that can occur within a community when it becomes separated by a major traffic route. The assessment of severance pays full regard to specific local conditions, in particular the location of pedestrian routes to key local facilities and whether crossing facilities are provided or not.
9.5 The IEMA Guidelines suggest that a 30%, 60% and 90% increase in traffic flow will respectively have a ‘slight’, ‘moderate’ and ‘substantial’ change in severance. However, allowance needs to be made for the presence of existing crossing facilities.
Driver Delay
9.6 Traffic delays to non-development traffic can occur:
at the site entrance where there will be additional turning movements; on the highways passing the site where there may be additional flow; and at key junctions on the nearby highway network.
Pedestrian Delay
9.7 The proposal will bring about changes in the volume and composition of traffic. In general, increases in traffic levels are likely to lead to greater increases in delay to pedestrians seeking to cross roads. Delays will also depend upon the general level of pedestrian activity.
9.8 The IEMA Guidelines recommend that rather than rely on thresholds of pedestrian delay; the assessor should use judgement to determine whether there will be a significant impact on pedestrian delay.
Pedestrian Amenity
9.9 The IEMA Guidelines broadly define pedestrian amenity as the relative pleasantness of a journey. It is affected by traffic flow, traffic composition, pavement width and separation from traffic. A tentative threshold for changes in pedestrian amenity is when traffic flows are halved or doubled.
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Fear and Intimidation
9.10 A further impact that traffic may have on pedestrians is fear and intimidation. This impact is dependent on the volume of traffic, its HGV composition and its proximity to people and/or the lack of protection caused by factors such as narrow pavement widths.
9.11 The IEMA Guidelines suggest thresholds based on 18-hour daily flow, 18-hour HGV flow and vehicle speeds, as shown on Table 9.1:
Table 9.1 Fear and Intimidation Thresholds Average traffic flow over 18- Total 18-hour HGV Average speed over Degree of Hazard hour day flow 18-hour day (mph) (vehicle / hour) Extreme 1,800+ 3,000+ 20+ Great 1,200-1,800 2,000-3,000 15-20 Moderate 600-1,200 1,000-2,000 10-15
Accidents and Safety
9.12 Personal injury accident data for the most recently available five-year period (1 January 2006 to 31 January 2011) has been obtained from Nottinghamshire County Council. A summary of the accidents is included in Section 2 of the TA.
9.13 The impact of additional traffic during the construction phase of the proposed restoration scheme is discussed in terms of magnitude of increase, and the existing accident record.
Hazardous Loads
9.14 The IEMA Guidelines acknowledge that most proposals will not result in increases in the number of movements of hazardous/dangerous loads. The publication ‘The Carriage of Dangerous Goods in the UK’ lists materials which can represent a hazard when in transit, and provides guidance in relation to the safe carriage of these goods. The proposal is evaluated against this list.
Dust and Mud
9.15 Dust and mud created by traffic can be a problem arising from the operations of certain types of development, notably quarrying and the transport of quarried materials. The guidelines suggest that problems with dust and mud are unlikely to occur at distances greater than 50m from the road. The impact of dust and mud will depend on the management practices undertaken on site. The assessment has been undertaken on the basis of the number of HGV movements and the proximity of nearby properties.
Significance Criteria
9.16 The following table sets out the significance criteria:
Table 9.2 Significance Criteria – Transport Impacts Impact Significance Definition Major beneficial The impact provides a significant positive gain. Moderate beneficial The impact provides some gain to the environment. Minor beneficial The impact is of minor significance but has some environmental benefit. Neutral The impact is not of concern. Minor adverse The impact is undesirable but of limited concern. The impact gives rise to some concern but is likely to be tolerable depending Moderate adverse on scale and duration. The impact gives rise to serious concern and it should be considered as Major adverse unacceptable.
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9.17 The assessment of the impact significance is based on the criteria set out in the IEMA guidelines and/or the judgement and expertise of the assessor.
Baseline Conditions
9.18 Section 2 of the TA sets out existing transport conditions in the local area. This includes a review of the location and existing use of the site, as well as the operation of the existing local and strategic highway network.
Site Location
9.19 Welbeck Colliery is located some 10 km to the north-east of Mansfield and is situated immediately to the north of the village of Meden Vale. Cuckney is located 1.5 km to the north- west of the site and Church Warsop and Market Warsop are located 1.5 km and 2.5 km to the south-west of the site respectively.
9.20 The A60 is located immediately to the west of the site and the Hatfield Plantation wooded area forms the northern boundary. The landscape buffer around the village of Meden Vale forms the southern and eastern boundary of the site.
Rail
9.21 A railhead facility serving the site is situated on the Welbeck Colliery Branch Line. This forms a branch off the Shirebrook to Dukeries Junction freight-only line. The facility has been out of use since December 2010 when the last train visited the site. The railhead facility is located in close proximity to the northern part of the site where the approved landform levels have not been achieved.
9.22 It is understood the branch is still in occasional use by Network Rail for the operation of Test Trains and the trackbed remains in good condition.
Highway Network
9.23 There are two principal vehicular accesses into the site, which have until recently been used by both site workers and HGV movements relating to the previous operations on the site. There is an access on the A616 to the north of the site via a simple priority junction and there is a further access via Elkesley Road through the village of Meden Vale to the south.
9.24 The A616, to the north of the site, is generally a derestricted 7.3 m wide single carriageway road and provides a direct link to the A614 primary route via a five-arm unsignalised roundabout some 7.5 km to the east of the site. It also provides direct access to the B6034 Ollerton Road to the east via a double mini-roundabout. To the west of the site, it provides access to Cuckney and the A60 primary route.
9.25 At the double mini-roundabout with the B6034 Ollerton Road, Netherfield Lane is a good quality single carriageway route, approximately 6.0 m wide, running in an east-west alignment which provides a direct link to the A614 Blyth Road via an unsignalised roundabout. This route does not pass through any built-up areas.
9.26 The A614 forms part of the National Primary Route Network. It is a good quality single carriageway route, approximately 7.3 m wide, with 1 m hard strips on either side. It provides direct access to the A1(M) for long distance journeys to the north and to the A1 for long distance journeys to the south-east. The A1 and A1(M) are part of the strategic road network (SRN) and are the responsibility of the Highways Agency (HA). To the south, the A614 provides access to Nottingham and the A617.
9.27 The B6034 Ollerton Road is a good standard wide single carriageway road and provides a direct link to the A57 primary route to the south of Worksop. The A57 forms a direct link to the M1 at junction 31, and also provides a link to junction 30 via the A619.
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Traffic Flows
9.28 Traffic count data in the vicinity of the site has been obtained from NCC from permanent Automatic Traffic Counters (ATC) sites. The data has been provided for the latest available neutral month, May 2011, at the following locations:
A616 Worksop Road (north-west of junction with A614); B6034 Ollerton Road; and A614 Blyth Road (north of junction with Netherfield Lane).
9.29 In addition, further traffic surveys were undertaken on the highway network in June 2011 at the following locations:
A616 (west of site access); and Netherfield Lane (between the A616 and the A614).
9.30 The 2011 base traffic flows on the local highway network during the identified local highway network morning (0800 – 0900) and evening (1600 – 1700) peak hours, as well as the Saturday peak hour (1200 – 1300), and average weekday traffic flows, are summarised in Table 9.3:
Table 9.3 Local Highway Network – 2011 Existing Two-Way Traffic Flows (All Vehicles) Average AM Peak Hour PM Peak Hour Saturday Peak Location Weekday (0800 – 0900) (1600 – 1700) (1200 – 1300) (24-hour) A616 Worksop Road (north-west 563 (11.5%) 593 (8.1%) 502 (5.4%) 6,573 (11.2%) of junction with A614) B6034 Ollerton Road 516 (8.1%) 493 (6.5%) 373 (2.9%) 5,501 (8.5%) A614 Blyth Road (north of 798 (19.4%) 915 (14.1%) 663 (7.7%) 10,690 (19.5%) junction with Netherfield Lane) A616 (west of site access) 286 (5.1%) 334 (3.4%) 299 (2.0%) 3,964 (4.0%) Netherfield Lane (between the 234 (18.6%) 243 (1.9%) 166 (0.0%) 2,632 (8.9%) A616 and the A614) Source: Traffic Surveys Note: HGV % in brackets (excluding bus and coach)
9.31 The weekday peak hour traffic flows on the A616 Worksop Road and B6034 Ollerton Road are some 500 – 600 two-way vehicle movements, with the proportion of HGVs comprising approximately 8%-12% of the total flow. The peak hour traffic flows on the A616 immediately to the west of the site access and Netherfield Lane are slightly less, with a two-way hourly flow of some 200 – 300 vehicles with a HGV content of approximately 3%-5% on the A616. The peak hour flow on the A614 is some 800 – 900 two-way vehicle movements with the proportion of HGVs comprising some 15-20% of the total flow.
9.32 On a Saturday, the peak hour is 1200 – 1300, when a two-way flow of some 400 – 500 vehicles is observed on the A616 Worksop Road and B6034 Ollerton Road and some 700 two-way vehicle movements are observed on the A614. The proportion of HGVs comprises a maximum of some 8% of the observed vehicle flows during the Saturday peak.
9.33 The A616 Worksop Road and the B6034 Ollerton Road have an average weekday daily (24- hour) two-way traffic flow of some 5,500 – 6,500 vehicles. The proportion of HGVs comprises around 9-11% of the 24-hour flow. The average weekday flows on the A616 immediately to the west of the site access are 4,000 two-way vehicles observed over a 24-hour period with the HGV content representing 4% of the total flow. The average weekday (24-hour) two-way traffic flow on the A614 is approximately 11,000 vehicles with the proportion of HGVs comprising some 20% of the total flow.
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Personal Injury Accidents
9.34 Personal injury accident data has been obtained from Nottinghamshire County Council for an area covering the extent of the proposed routing strategy in the vicinity of the site, including the A616 Worksop Road and the B6034 Ollerton Road. The data covers the five year period from 1 January 2006 to 31 January 2011.
9.35 A detailed review of the accident data is included in Section 2 of the TA and demonstrates a total of 18 accidents were recorded; of these seven were classed as serious with the remaining 11 being classed as slight. There have been no fatal accidents recorded in the vicinity of the site in the last five year period and only one incident has been recorded at the site access on the A616. Overall, the number, cause, and location of accidents do not suggest a particular highway safety problem on the local or strategic highway network.
Summary
9.36 Welbeck Colliery is located some 10 km to the north-east of Mansfield and is situated immediately to the north of the village of Meden Vale. The site is accessed via a simple priority junction on the A616 to the north of the site and there is a further access via Elkesley Road through the village of Meden Vale to the south. The site is also served by an existing railhead facility situated on the Welbeck Colliery freight only branch line.
9.37 The site has good access to the primary highway network. The site is located in close proximity to the A614 and A57 primary routes, which also provide access to the strategic highway network, namely the M1, A1, and A1(M). The A616 and B6034 carry between some 300 and 600 two-way vehicle movements per hour during the weekday and Saturday peak periods respectively and broadly 4,000 – 6,500 weekday daily two-way trips. The A614 carries approximately 800 – 900 two-way vehicle movements in the peak hour periods and some 11,000 weekday daily two-way trips.
9.38 A review of the personal injury accident data over last five-year period to February 2011 does not indicate any significant highway safety problem on the local highway network in the vicinity of the site.
Mitigation Measures
9.39 Section 4 of the TA sets out the access strategy for the construction stage to complete the restoration of the northern part of the site, including the aspiration to import the fill material by rail, and puts forward a proposed vehicle routing strategy to mitigate the impact of the additional construction.
9.40 The proposed construction works are intended to be completed over a 3 to 5 year period but this will depend on the availability of suitable construction materials and the amount that can be brought onto the site by rail.
Access Strategy
9.41 There is an aspiration to utilise the existing railhead and to transport the required fill material to the site by rail. The existing railhead is in good order and is capable of being used without any major improvements. Network Rail will be advised of the proposal to re-use the branch and for the connections to be reinstated.
9.42 It is likely that a proportion of the construction material that will be brought onto the site will include Pulverised Fuel Ash. This is likely to be sourced from power stations which also typically have railheads, providing the opportunity for this material to be brought in by rail.
9.43 The option of utilising a conveyor system to transport material from the soil management area to the northern part of the site where the site has yet to achieve the previously approved land formations, will be fully investigated. If this is considered practicable, the use of a conveyor system will assist in reducing the need to use vehicles to move material within the site.
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9.44 Although there is an aspiration to transport the required additional fill material by rail, as the availability of suitable construction material is currently unknown, it is acknowledged that some fill material will need to be transported to the site by road.
Mitigation Measures
9.45 Appropriate management of vehicle movements will be undertaken during construction, as follows:
the use of an appropriate and approved vehicle routing strategy for deliveries of fill material; it is proposed to re-use the existing priority junction arrangement on the A616 to transport all suitable fill material that arrives by road – no fill material will be transported to the site via Elkesley Road through the village of Meden Vale to the south of the site; the management of working hours and delivery times to minimise disturbance caused by traffic (e.g. avoiding deliveries during the peak hours) – it is proposed that the hours of operation will be those under the permitted scheme i.e. 0700 to 1900 hours Monday to Saturday; covering of fill material loads coming to the site; provision of wheel wash facilities are provided on the site access to prevent mud and other detritus being deposited onto the public highway from the site; and Inspection of local highway network and cleaning as necessary.
Vehicle Routing Strategy
9.46 The proposed vehicle routing strategy seeks to minimise the impact of construction traffic on local residents as far as is practicable and will avoid the residential areas of Meden Vale and Cuckney. The routes to be included are shown in Figure 9.1 and comprise:
A616 (to the east of the site access to the north of the site); B6034 Ollerton Road; Netherfield Lane between the A616 and the A614 (commencing at the double mini- roundabout with the B6034); The A614 (to the north of Netherfield Lane); and The A614 (to the south of the junction with the A616/A6075).
9.47 The proposed routing strategy therefore avoids using the A60 to the west of the site, which passes through the villages of Cuckney and Market Warsop, and thereby reduces any additional HGV traffic passing through these settlements. It also prevents additional HGV movements within Meden Vale to the south of the site.
9.48 It is important to note that the previous uses of the site have generated significant HGV movements, where there has been no routing strategy in place, and consequently there has historically been HGVs routing through the settlements to the west to access the site. Due to the expected small number of vehicles expected to be generated by site operatives and other service vehicles during the construction period; it is proposed that these are able to use either access i.e. main access via the A616 and/or local access via Elkesley Road.
Assessment of Impacts
9.49 Section 5 of the TA sets out the derivation of the likely number of vehicle movements generated by the proposed restoration of the northern part of the site. The site has previously generated significant HGV movements and employee car driver vehicle movements associated with the historic use of the site as a colliery (potentially some 750-850 two-way vehicle movements per day). However, in order to undertake a robust assessment, no allowance for these vehicle movements has been taken in to account.
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Construction Phase
9.50 A first principles assessment has been undertaken on the basis there will be a maximum of 150 inbound HGV movements per day transporting fill material to the site.
9.51 The availability of suitable construction material is currently unknown at this stage. For the purpose of this assessment, it has been assumed that the fill material is likely to be sourced from areas within Yorkshire and the Midlands.
9.52 In order to undertake a robust assessment of the likely origin of the remaining fill material, a detailed gravity model within a 60-minute drive time of the site has been developed to assign the construction traffic to the local highway network.
9.53 Table 9.4 below provides an estimate of the likely number of two-way vehicle movements during the construction phase to complete the proposed restoration scheme by route/destination, per hour, per Saturday morning, and per weekday.
Table 9.4 Two-Way Vehicle Movements by Route No. of Vehicle Movements (Two-Way) Route/Origin of Fill Material Per Hour Per Saturday Per Weekday B6034 Ollerton Road 14 70 142 A616 (South) 13 65 130 A614 (North) 3 15 28 Total 30 150 300
9.54 For the purpose of assessing the impact of the additional traffic on the local highway network during the construction phase of the permitted restoration scheme, the following assumptions have been made:
All vehicles are distributed in accordance with the proposed routing strategy. All material will arrive/depart to/from the site using the existing access on the A616 to the north of the site.
9.55 An assessment of the impact of the increase in traffic movements during the construction phase on each route forming part of the vehicle routing strategy has been undertaken using existing traffic flow data and is summarised in Table 9.5.
Table 9.5 Percentage Increase in Two-Way Traffic Flows on Local Highway Network Average Weekday 24-hour Future Two-Way Flows Existing Two-Way Flows % Change Location ‘with proposal’ All All All HGV % HGV % HGV % Vehicles Vehicles Vehicles A616 (west of access) 3,964 4.0% 4,264 10.8% +7.6% +6.8% B6034 Ollerton Road 5,501 8.5% 5,643 10.8% +2.6% +2.3% Netherfield Lane 2,632 8.9% 2,660 9.8% +1.1% +0.9% A616 (South) 6,573 11.2% 6,703 12.9% +2.0% +1.7% A614 (North) 10,690 19.5% 10,718 19.7% +0.3% +0.2%
9.56 The IEMA Guidelines for the Environmental Assessment of Road Traffic (Ref: 10.2) sets out that ‘highway links should be assessed when traffic flows have increased by more than 30% or other sensitive areas are affected by traffic increases of at least 10%’.
9.57 Table 9.5 demonstrates that the 10% threshold for total traffic will not be exceeded on any part of the highway network, except for the section of the A616 immediately to the west of the site for a length of approximately 3 km. This part of the A616 is rural in nature and passes a maximum of 2-3 residential properties along this section and does not include any ‘sensitive areas’ – paragraph 3.20 of the IEMA guidelines (Ref 8.2) sets out that “locations would include
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accident blackspots, conservation areas, hospitals, links with high pedestrian flows, etc.” Furthermore, the area was until recently an active colliery (operations ceased in May 2010) and the previous use of the site generated a significant number of HGVs and car movements on the local and strategic highway network.
Severance
9.58 Severance is the perceived division that can occur within a community when it becomes separated by a road. The IEMA Guidelines suggest that a 30%, 60% or 90% increase in traffic flow will respectively have a ‘slight’, ‘moderate’ or ‘substantial’ change in severance.
9.59 The proposed vehicle routing strategy will avoid the residential areas of Meden Vale, Cuckney, and Market Warsop. The site is not located in an urban area and the proposed vehicle routing strategy passes through a very small number of villages, i.e. Budby, which all have very low populations.
9.60 The predicted increases on all links are less than 30% (Table 9.5) and therefore the development proposal is expected to have a neutral impact in terms of severance or division within the small communities in the villages situated along the vehicle routing strategy.
Driver Delay
9.61 On the basis there will be a maximum of 150 inbound HGV movements per day during the construction phase of the proposed restoration scheme (equating to five additional two-way vehicle movements per minute), the proposals are likely to have an imperceptible increase on vehicle delay on the local highway network. It is considered that each of the identified routes that form part of the routing strategy have sufficient spare capacity to accommodate the forecast increase in vehicle movements during the construction phase.
9.62 Overall, the development proposal is predicted to have a minor adverse impact in terms of Driver Delay during the construction phase.
Pedestrian Delay
9.63 As a consequence of the rural location of the site, and the very low population in the surrounding area, there is little or no pedestrian movement along any of the routes within the proposed vehicle routing strategy. Accordingly there is limited provision for pedestrians in the area. As a result of the modest increases in traffic flows and changes to the composition of traffic as a result of the proposal (vehicle speeds are unlikely to noticeably change) there will not be a noticeable increase in delay to the very small number of pedestrians seeking to cross roads.
9.64 Against this background, the proposal is expected to have a neutral impact on pedestrian delay.
Pedestrian Amenity
9.65 The guidelines broadly define pedestrian amenity as the relative pleasantness of a journey. It is affected by traffic flow, traffic composition, footway width and separation from traffic. A tentative threshold for changes in pedestrian amenity and fear and intimidation is where traffic flow is halved or doubled. As established above, the increase in vehicle movements during the construction phase will be well within these thresholds and therefore will not result in a noticeable impact on pedestrian amenity or fear and intimidation.
9.66 On this basis, the development proposal will have a neutral impact on pedestrian amenity.
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Fear and Intimidation
9.67 The fear and intimidation impact on pedestrians is dependent on the volume of traffic, its HGV composition, its proximity to people or the lack of protection caused by such factors as narrow pavement widths.
9.68 Table 9.6 summarises the predicted average hourly traffic flows over an 18-hour period on the various roads on the local highway network.
Table 9.6 Fear and Intimidation Assessment on Local Highway Network Average traffic flow over 18-hour day (vph) Degree of Hazard Existing Two-Way Future Two-Way Flows Future Two- Existing Location Flows ‘with proposal’ Way Flows Two-Way All All ‘with HGVs HGVs Flows Vehicles Vehicles proposal’ A616 (west of access) 220 9 237 26 n/a n/a B6034 Ollerton Road 306 26 314 34 n/a n/a Netherfield Lane 146 13 148 15 n/a n/a A616 (South) 365 41 372 48 n/a n/a A614 (North) 594 116 595 117 n/a n/a Note: n/a = less than the identified vehicles per hour threshold set out in the IEMA guidelines Moderate = 600-1200 vehicles per hour and/or 1000-2000 HGVs per hour (average traffic flow over 18-hour hour day) Great = 1200-1800 vehicles per hour and/or 2000-3000 HGVs per hour (average traffic flow over 18-hour hour day) Extreme = 1800+ vehicles per hour and/or 3000+ HGVs per hour (average traffic flow over 18-hour hour day)
9.69 The analysis demonstrates all of the identified routes that form part of the routing strategy are below the hazard scale as set out in IEMA guidelines for pedestrian fear and intimidation for both the existing and forecast traffic flows. The impact of the construction traffic does not result in the ‘degree of hazard’ increasing on any route for the future year flows and will remain well within the identified thresholds.
9.70 In terms of fear and intimidation, the impact of the development at development proposal is therefore neutral and unlikely to be noticeable on the local highway network.
Accidents and Safety
9.71 The personal injury accident record for the local highway network in the vicinity of the site has been obtained from Nottinghamshire County Council. The analysis of the personal injury accident data demonstrates there have been a relatively low number of accidents recorded at junctions and on highway links within the vicinity of the site along the identified vehicle routing strategy. Only one incident has been recorded at the site access on the A616 in the last five- year period.
9.72 Given the modest increase in vehicle movements on the wider highway network as a result of the construction phase of the proposed restoration scheme, there is the potential for a minor adverse impact in terms of highway safety.
Hazardous Loads
9.73 There should be no hazardous loads associated with the construction phase of the proposed restoration scheme and therefore the impact of the proposal will be neutral.
Dust and Mud
9.74 The guidelines suggest that problems with dust and mud are unlikely to occur at distances greater than 50 m from the road. There are only a small number of properties within 50 m of the routes within the vehicle routing strategy, i.e. the village of Budby, and therefore the impact of any dust and mud on adjacent settlements will be neutral – the vehicle routing strategy avoids the main residential areas of Meden Vale, Cuckney, and Market Warsop.
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9.75 For the construction phase of the proposed restoration scheme, the principal concerns of construction traffic in relation to dust and mud can be considered to be materials falling from vehicles transporting the fill material to the site whilst on the highway network, and mud and detritus being deposited onto the public highway.
9.76 The provision of appropriate wheel wash facilities at the site exit and covering of the fill material loads coming to the site will be implemented to ensure that these effects can be minimised.
9.77 Subject to this mitigation measure being implemented, it is considered that the construction phase of the proposed restoration scheme will have a neutral impact in terms of dust and mud during the construction phase.
Operational Phase
9.78 The future amenity use of the site for the local community is likely to generate negligible vehicle movements throughout the day.
9.79 Access to the completed site will be provided via footpath access across the site and through a circular cycleway/bridleway around the site’s perimeter, including the southern part of the restored colliery.
9.80 As set out above, the site has previously generated significant HGV movements and employee car driver vehicle movements associated with the historic use of the site as a colliery. However, in order to undertake a robust assessment, no allowance for these vehicle movements has been taken in to account in the assessment that has been carried out.
9.81 It is therefore expected that during the operational phase, the use of the site as an amenity use would have a neutral impact in terms of:
Severance; Driver Delay; Pedestrian Delay; Pedestrian Amenity; Fear/Intimidation; Accidents and Safety; Hazardous Loads; and Dust and Mud.
9.82 Furthermore, if the previous use of the site as a colliery (which generated a significant number of vehicle movements throughout the day) is taken into account, the future use of the site as an amenity use is likely to represent a major beneficial impact in comparison to the previous activities on the site.
Summary
9.83 This Chapter of the ES is summarised in Table 9.7.
Table 9.7 Assessment Summary – Construction and Operation Spatial Nature of Nature (Direct, Extent Impact Indirect, Significance Mitigation Potential Impact (Local, (Permanent or Secondary, or Measures Regional, or Temporary) Cumulative) National) Construction Vehicle Routing Severance Local Temporary Direct Neutral Strategy Driver Delay Local Temporary Direct Minor adverse - Pedestrian Delay Local Temporary Direct Neutral -
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Spatial Nature of Nature (Direct, Extent Impact Indirect, Significance Mitigation Potential Impact (Local, (Permanent or Secondary, or Measures Regional, or Temporary) Cumulative) National) Pedestrian Vehicle Routing Local Temporary Direct Neutral Amenity Strategy Fear and Local Temporary Direct Neutral - Intimidation Accidents and Local Temporary Direct Minor adverse - Safety Hazardous Local Temporary Direct Neutral - Loads Wheel Wash Facilities and Dust and Mud Local Temporary Direct Neutral Covering of Loads Operation Severance Local Permanent Direct Neutral - Driver Delay Local Permanent Direct Neutral - Pedestrian Delay Local Permanent Direct Neutral - Pedestrian Local Permanent Direct Neutral - Amenity Fear and Local Permanent Direct Neutral - Intimidation Accidents and Local Permanent Direct Neutral - Safety Hazardous Local Permanent Direct Neutral - Loads Dust and Mud Local Permanent Direct Neutral -
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10.0 CONSTRUCTION IMPACTS
Introduction
10.1 This chapter assesses the potential impacts of the construction works for the proposed restoration scheme on people living nearby to the Colliery and on the natural environment. The impacts are assessed on the basis that the proposed restoration techniques and timescales are comparable to those of the permitted restoration proposal.
10.2 If not suitably controlled, construction works can result in nuisance arising from noise, odour and dust and adversely impact upon water resources and underlying strata. This chapter considers the types of activities that might give rise to significant effects and sets out appropriate mitigation measures.
10.3 This Chapter only considers those impacts that are temporary in nature and only occurring during the construction phase. Subsequently the impacts assessed in this Chapter include nuisance issues and risks to the water environment. The construction impacts on ecology and local transport network are addressed in the relevant chapters, namely 6 and 9 respectively.
10.4 The proposed timescale for the restoration scheme is approximately three to five years, with the earliest possible start date in March 2012, subject to granting planning permission and discharge of any relevant conditions. An overview of the restoration process is set out in Chapter 2.
Assessment Methodology
General
10.5 The assessment of the impact significance is based on the criteria set out in the IEMA guidelines and/or the judgement and expertise of the assessor.
10.6 The assessment follows guidance and good practice as set out in the following documents:
Office of the Deputy Prime Minister Mineral Policy Statement 2 ‘Controlling and Mitigating the Environmental Effects of Mineral Extraction in England’; British Standard BS5228 ‘Code of practice for noise and vibration control on construction and open sites.’; CIRIA (C692) ‘Environmental good practice on site (third edition)’; and CIRIA (C532) ‘Control of water pollution from construction sites. Guidance for consultants and contractors’.
Consultation
10.7 In the Scoping Opinion, Nottinghamshire County Council stated ‘JWPC Ltd. [planners] do not intend to submit a noise impact assessment in support of the planning application for the above. I raise no objection to this proposal given their reasoning is based on the grounds that the proposed restoration scheme will generate noise levels comparable to those generated in the past from spoil disposal activities associated with the working colliery. As far as I am aware this activity did not generate any noise complaints…To conclude, I would not expect this proposal to generate noise levels that will give rise to noise complaints’.
10.8 As a consequence of the scoping exercise no detailed calculations regarding noise assessment have been submitted as part of the evaluation of construction impacts. The assessment qualitatively compares the proposed operations against the activities associated with the Colliery operation and restoration scheme.
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Baseline Conditions
10.9 Table 10.1 sets out the sensitive land uses and environmental receptors at the site that can be impacted by the constructions works (refer to Figure 10.1).
Table 10.1 Construction Issues and Sensitive Receptors Construction Receptor Description of the Receptor and Proximity Issue Poor air quality Residential land The nearest property to the site is Metz Lodge, a single from fugitive uses residence, located just off the A60 within Warsop Hill Plantation. dusts, and Although the works, at their closest, will be approximately 100 m mud on road. away, the property is well shielded by the intervening established vegetation of Warsop Hill Plantation.
The town of Meden Vale lies to the south of the colliery. The properties within Meden Vale are well screened from the majority of the restoration area by the already restored southern proportion of the spoil heap and/or by intervening established vegetation. Properties off Netherfield Lane, Gleadthorpe Grange and Gleadthorpe Screed are also partially screened by Elkesley Hill. Schools There are no schools within 500 m of the site. Amenities Football and rugby pitches to the south of the main colliery works. Pubic Rights of There are a number of PROW and public roads within the Way (PROW) and surrounding area. public highways Refuelling Water resources There is a primary aquifer circa 15 m below the site. The activities nearest abstraction is from the magnesium limestone below the Spillages site at Welbeck Colliery. (Refer to detail set out in Chapter 7). Muddy run-off The River Meden flows to the east some 800 m south of the site. The existing site drainage is connected to the River Meden. The detail is set out in Chapter 8. There is an existing abstraction from a spring well located on a tributary of the River Meden.
Air Quality
10.10 Meteorological wind data has been acquired for the last five year period from the Met Office for the Watnall weather station4. The data is shown in Figure 10.2 and it shows that the prevailing wind direction is from the south west quadrant.
Figure 10.2 Wind Rose for Watnall Weather Station
4 Although in excess of 25 km away from the site, the Watnall Weather Station is considered the closest and most pertinent data source to the site.
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10.11 The site does not lie within an Air Quality Management Zone with area specific air quality objectives. Mansfield District Council operated a permanent air quality station in Melville Court, 5 Meden Vale between 2002 and 2009. The meter recorded fine particulate matter (PM10 ). The station was located circa 600 m south of the restoration area and is no longer operational.
10.12 The particulate monitoring station recorded an annual mean concentration as 17 µg/m3 in 2008 with only 9 exceedances of the hourly mean objective of 50 µg/m3. These levels are not considered to be elevated.
Noise and vibration
10.13 The Colliery used to operate on a 24 hour basis, including the loading of trains to distribute the coal to clients. Consultation with the Planning Authority has identified that the colliery activities did not generate noise complaints.
10.14 Since late spring 2010 the Colliery ceased coal extraction and production. UK Coal continues to have a site presence and plant and machinery still operate, albeit at a reduced intensity.
10.15 The activities undertaken at the site since the summer 2010 include training on the railway sidings, demolition of structures and associated earthworks.
Mitigation Measures
General
10.16 Tetron Point LP and UK Coal recognise that restoration and construction works can give rise to nuisance to the local community. The measures set out in this section detail how nuisance will be minimised.
10.17 As part of the commitment to controlling emissions, the project will be registered into the Considerate Constructors Scheme and comply with the necessary standards. As part of this scheme the project will be externally audited.
10.18 The extensive consultation on the proposals will be continued from the planning stage into the restoration phases. The local community will be regularly informed of progress and the site will operate a Complaints Hotline.
10.19 Tetron Point LP will develop a Construction Environmental Management Plan (CEMP) in accordance with the international environmental standard BS EN ISO 14001. The CEMP will set out the controls to be applied at the site, inspections and monitoring to be completed. The CEMP will be a live document and updated as necessary. It is proposed that the CEMP will be submitted to the Planning Authority and their consultees for comment and approval.
10.20 Through the CEMP the impacts of restoration will be minimised, managed and any issues controlled. In the event of an incident and/or complaint the management systems will ensure preventative and corrective measures are implemented.
Air Quality
10.21 The proposed restoration will involve a number of operations including placement, handling (including screening, crushing and treatment) and delivery of material to the site. If not suitably controlled, earthworks and haulage operations can generate local emissions of air pollutants. There are two main sources of emissions that will need to be controlled:
exhaust emissions from construction traffic, site plant, equipment, vehicles and machinery; and fugitive dust emissions from the soil management and restoration activities.
5 PM refers to Particulate Matter. The 10 or 2.5 relates to the mass of the particulate matter in µg.
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10.22 The CEMP will include the following controls regarding point source emissions at the site:
the site will operate a no burning policy; plant and equipment will be procured with the least potential for pollutant emissions, allowing for economic constraints and practicability; the long access road from the haulage routes permits all road vehicles to enter the site prior to unloading. Therefore this avoids vehicles waiting on the public highway and idling which can generate unnecessary emissions; wherever practical, plant and equipment will be powered by mains electricity; low emission fuels will be used such as ultra low sulphur fuels for all non-road mobile machinery; haulage routes, plant and equipment have been located in excess of 200 m from the nearest properties; all plant and equipment will be routinely serviced in line with the manufacturer’s guidance or in the event that either a site inspection or a review of an incident identifies a malfunction; plant will be fitted with catalysts, diesel particulate filters and similar devices as required; project suppliers will be advised that their commercial vehicles must comply with any legislative requirements including the EC Directive 98/69/EC; no vehicle or equipment emitting visible black smoke from its exhaust system other than during ignition will be used on the construction site; and combustion engines will not be not left running unnecessarily.
10.23 During the works, dust can be created on exposed areas during dry and windy conditions, and also created by the movement of material and haulage vehicles. Table 10.2 outlines the proposed activities at the site and the associated dust risks.
Table 10.2 Sources of dust during site activities Works Pollutant(s) Discussion of Risk Restoration Total Suspended The movement and placement of soils around the site can works using soils Particulates and a give rise to dust due to the particulates becoming entrained in and ash potential for the wind. A proportion of these dusts will be inhalable and respirable fraction could give rise to nuisance to site operators and local residents. A small proportion may be respirable.
Key sources of dust from restoration activities are during placement of material due to drop heights, poor storage of soils and tracking of plant across the site.
Odour issues are not considered, as putrescible or odour generating waste is not considered suitable for restoration.
Delivery vehicles Total Suspended Vehicles using unsurfaced/poorly maintained haul routes or and plant Particulates and driving at speed can cause soil particles to become airborne potential for giving rise to nuisance. respirable fraction Vehicle emissions can contain particulate matter. Frequent movement of equipment in close proximity to residential properties can cause a deterioration in air quality.
Soil processing Total Suspended Soil handling, including some recovery activities, will occur Particulates and within the Soil Management Area (SMA). respirable fraction If managed inappropriately soil handling activities can cause fugitive dust emissions due to drop heights and the mechanical movement of soil particles.
Soil conveyance Total Suspended Movement of friable material from the SMA to point of Particulates and deposition has potential to cause fugitive dust emissions if potential for managed inappropriately. respirable fraction
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10.24 The following dust control measures will be implemented:
Haulage Controls the importation of plant and fill material will only be on the surfaced internal route; surfaced and un-surfaced roads will be wetted as necessary to minimise dust; a long surfaced haulage road will be maintained between the main site and the exit on to the highway. This long run-off area ensures that mud is removed from wheels and chassis before exiting onto the highway; a wheel washing facility will be provided and will be utilised by all vehicles; mud and dust accumulation on internal and external routes will be managed by the use of a road sweeper, deployed as and when necessary; all haulage vehicles carrying friable materials will be sheeted at all times; and an appropriate speed limit will be established and enforced on roads within the site, to prevent excessive dust generation caused by vehicle movements.
Soil Handling and Restoration the restoration area is within the existing void space at the site. The sides will offer some screening of recovery operations from the wind; the SMA is located in excess of 200 m from the nearest downwind residential properties; drop heights from plant and equipment will be minimised reducing the ability for ashes and soils to become airborne; any ashes tipped will be compacted and covered by suitable soils as soon as possible after deposition and as a minimum on the same working day; there will be no long-term stockpiling of material at the site and, where possible, imported material will be directly placed and formed to the required shape; restored areas will be covered and seeded as soon as practicable; in the event that a conveyor system is used to transport fill material from the SMA then it will be fully enclosed; and if fugitive emissions are caused a misting system will be operated over the activity or wind netting will be erected.
Air Quality Monitoring a network of up to 4 passive dust monitors (frizbee style) will be established around the perimeter of the restoration works; during restoration over the spring and summer months monitoring will be undertaken to determine the fugitive levels being generated at the site; a trigger threshold of 200 mg/m2/day will be used. This level is commonly used within the industry and widely accepted6 threshold for deposition within the mineral extraction and construction sectors. The threshold indicates when complaints of nuisance are possible. In the event that this trigger threshold is exceeded it will necessitate a review of on-site processes and controls. The review will include an assessment of respirable dust levels (PM10) around the site. The source will be identified and corrective controls applied. Any monitoring data will be made available to Nottinghamshire County Council on request.
Noise Controls
10.25 Noise can be generated during construction by the use of machinery associated with engineering operations. The restoration operation will utilise the following items of plant:
excavators; compactors; dozers; conveyors; generators and lighting towers; Haulage Good Vehicles and Articulated Dumper Trucks; and trains.
6 Major of London ‘Control of Dust and Emissions from Construction: Table 2, Appendix 5’
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10.26 The following controls will be implemented to minimise nuisance from noise emissions from the import and management of fill material:
the main works will be undertaken during normal working hours (Monday to Saturday 0700 – 1900). This is consistent with the current permitted restoration hours; out of hours work will be restricted to the operation of the railway and unloading activities. There will be no placement and compaction of material during these hours; any soil screening and treatment will be undertaken in the SMA. This area will be screened from residential properties and neighbouring land uses by a 2.5 m high bund around the southern, western and eastern sections of the SMA. In addition residential properties to the south of this area are further screened by the topography of Elkesley Hill; all static plant will have engines enclosed and be super-silenced where practicable; in the event that an item of static plant is not fitted with suitable acoustic enclosures it will be manually screened; all plant will be turned off when not in use; residents will be notified when the site is working outside of normal working hours; and prior to any out of hour operations a noise assessment will be undertaken in accordance with BS EN 5228 and issued to Nottinghamshire County Council for approval. The assessment will demonstrate that any noise emissions and additional controls are acceptable.
Vibration
10.27 Construction vibration has the potential to disturb occupants and users of nearby buildings, and excessive levels can be considered a statutory nuisance. However, few construction activities give rise to appreciable vibration. Given the types of operation and the distance to any property it is not considered that vibration will be a concern during the proposed restoration activities and consequently no mitigation is required.
Artificial Lighting
10.28 Temporary lighting will be installed during the restoration works around areas of working and to provide security. If inappropriately cited light spillage can cause nuisance.
10.29 The site team will ensure that when mobile lighting is utilised the towers will be carefully directed to minimise light spillage, with lighting only used when necessary and turned-off when no longer required.
Water Resources
10.30 The site is underlain by a primary aquifer and surface water drains to the River Meden. Both water resources are susceptible to pollution during construction.
10.31 Tetron Point LP recognise that construction operations have historically contributed significantly to the damage of the water environment, largely from fuel oil spills and releases of suspended solids from site drainage to watercourses. In the absence of mitigation measures, the proposed restoration has the potential to significantly impact water resources associated with the site.
10.32 The CEMP will incorporate measures to prevent pollution, which include:
construction work will be managed to comply with the necessary standards and consents outlined by Nottinghamshire County Council and the EA. This includes but not limited to any planning permission, abstraction licenses (not deemed to be required for restoration), discharge consents, land drainage consents and Environmental Permits and Mobile Treatment Licenses; a briefing will be held to educate all site personnel highlighting the importance of water resources, the location of watercourses and pollution prevention methods; any significant water run-off from the site will be filtered and suspended solids will be removed prior to discharge;
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areas with prevalent run-off will be identified and drainage will be actively managed e.g. through bunding or temporary drainage; any water structures, such as potential attenuation basins, will allow for the storage of water on site and the opportunity for filtration prior to the discharge to controlled waters. The drainage system will include an interceptor system to remove potential contaminants from reaching controlled waters, where necessary; areas at risk of spillage, such as vehicle maintenance areas, fuel stores etc. will be bunded to 110% of the total aggregate volume and located within the SMA which is fully paved. The restrictive storage of potentially polluting materials in this area will minimise the risk of hazardous substances entering controlled waters; dust build up and mud deposits will be avoided and stockpiled material will be covered, using daily cover; all plant machinery and vehicles will be maintained in a good condition; refuelling of vehicles will either be undertaken in a surfaced compound area from a fuel tank(s) bunded in compliance with the Control of Pollution (Oil Storage) (England) Regulations 2001 and Pollution Prevention Guidelines (PPG 2) or be undertaken using double skinned bowsers to minimise the risk of uncontrolled release of polluting liquids/liquors; wheel washers and dust suppression measures will be used to minimise the migration of pollutants, as necessary; and spill kits will be available on-site with staff trained on how to use them to stop the migration of spillages, should they occur.
10.33 To safeguard the water resources, in addition to the controls set out previously, the quality of the aquifer and drainage will be monitored. The following systems will be established:
a network of boreholes into the underlying strata will be constructed. A baseline groundwater quality will be established prior to any importation of fill material and action thresholds derived. During the restoration works and for one year post completion monitoring will be undertaken against these thresholds to determine any impacts. The Hydrological Risk Assessment7 will set out the management actions to be undertaken in the event that the thresholds are breached; and during the works any drainage will be inspected and monitored to ensure no pollution occurs. The scope of the monitoring will be discussed and agreed with the Environment Agency.
10.34 As part of the CEMP an Emergency Response Plan will be produced, with the intention for this Plan to be followed by the Contractor in the event of a pollution incident. This will be developed in consultation with the EA. The plan will include provision for appropriate emergency equipment on site and staff training in emergency procedures.
10.35 Consultation with the EA will be ongoing to ensure that throughout the works “best practice” procedures are delivered to an effective level and mitigation measures are employed, where necessary.
10.36 During the works, temporary toilet and welfare facilities will be required, with the number and scale of the facilities being compatible with the number of personnel on site. These facilities will be self-contained with their own integrated cess-tank. The tanks would be regularly emptied by a tanker and the sewage removed from site for appropriate disposal at an authorised/permitted sewage treatment works.
Management of Unforeseen Incidents
10.37 The Restoration Manager will be responsible for ensuring suitable controls are applied at all times. The Restoration Manager will liaise with the Planning Authority and Environment Agency during the works and will also ensure that in the unlikely event of any nuisance related issues, they are dealt with effectively and promptly.
7 to be completed as part of the Phase 2 Environmental Risk Assessment and Material Management Plan (as detailed in Chapter 7)
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10.38 In the event of a complaint, the Restoration Manager will review the incident as follows:
the cause will be immediately investigated; relevant operations will be suspended whilst control is applied; corrective measures will be applied; and the actions undertaken will be recorded in the Site Diary.
Assessment of Impacts
Air Quality
10.39 The restoration works will generate fugitive exhaust emissions from plant and dust and particulates from the handling of the fill material.
10.40 The most sensitive property is Metz Lodge which is up wind of the predominant wind direction. Properties within Meden Vale are also upwind of the predominant wind direction. There are no downwind properties within 200 m of restoration works and the SMA. With the adoption of the working controls any emissions are anticipated to be localised and will rapidly disperse.
10.41 Due to the distance to the nearest receptors the emissions are not anticipated to create a significant risk of nuisance. The impact is assessed as short term, local and minor adverse. When compared against the required permitted restoration the nature and scale of the impacts are consistent and assessed as neutral.
Noise and vibration
10.42 Construction works can cause nuisance due to noise and vibration emissions. The risk of nuisance increases if emissions are either uncontrolled or in close proximity to sensitive land uses such as residential properties or schools.
10.43 Due to the distances to the residential receptors, the screening afforded by bunds and the restored and local topography it is considered that any noise emissions are likely to be substantially attenuated. This is reflected in the site having reportedly no known noise issues during the operation of the colliery.
10.44 The operations to be undertaken during restoration are consistent to those operated at the former colliery. Activities outside normal working hours (i.e. the operation of the railway) will be proven to be acceptable in terms of noise emissions before works commence. With the inclusion of the mitigation outlined earlier in this Chapter impacts are considered to be short term, local and minor adverse. When compared against the required permitted restoration the nature and scale of the impacts are consistent and assessed as neutral.
Artificial Lighting
10.45 The use of temporary and artificial lighting during restoration activities can give rise to nuisance. However taking into account the distance and screening afforded by the topography to nearby residential properties and the proposed management controls the resulting impact is considered minor adverse. When compared against the required permitted restoration the nature and scale of the impacts are consistent and assessed as neutral.
Water Resource Protection
10.46 The restoration works can pose a risk to the water environment in the event of an unforeseen incident that is not suitably controlled. The CEMP minimises, as far as practicably possible, any potential impacts. The impact is considered short term, local and minor adverse. When compared against the required permitted restoration the nature and scale of the impacts are consistent and assessed as neutral.
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Summary
10.47 This assessment has demonstrated that during the restoration activities there is the potential for local, short term minor adverse impacts. However, when incorporating the mitigation and the controls set out within this Chapter the potential impacts can be suitably managed and mitigated.
10.48 The potential impacts are considered consistent with those that can be anticipated with the current permitted restoration proposals. As a consequence the impacts are considered neutral.
Table 10.3 Summary of Impacts Potential Impact Spatial Extent Duration Nature Significance Brief description Local, regional or Permanent, long- Direct, indirect, Major, moderate, (with mitigation) national term or short-term secondary or minor or neutral cumulative (adverse/beneficial) Fugitive dusts and Local Short-term Direct and Minor adverse8 exhaust emissions cumulative from restoration activities. Noise emissions Local Short-term Direct and Minor adverse causing nuisance cumulative on local land uses Light pollution Local Short-term Direct and Neutral cumulative Pollution to water Local Short-term Direct and Minor adverse resources from cumulative construction works
8 Neutral when considered against impacts likely during the permitted restoration proposal
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11.0 CUMULATIVE IMPACTS
Introduction and Methodology
11.1 Although an individual site’s operations may be predicted, when assessed in isolation, to have an insignificant environmental impact on the local community and sensitive environmental receptors, when considered in conjunction with other existing or proposed developments the impacts can become significant.
11.2 Chapters 5 to 10 assess the impacts of the development taking into account those operations in the vicinity of the site which were operational at the time of the establishment of the baseline data. The baseline conditions have not addressed developments which have recently been determined and are not operational or in the planning determination regime. Schemes which have received planning permission are termed Committed Developments.
11.3 Reviews of the Nottinghamshire County Council, Mansfield District Council and Bassetlaw District Council online planning databases have been undertaken to identify the Committed Developments, applications in the planning process and other relevant applications.
11.4 Further to the online planning database review, Nottinghamshire County Council, Mansfield District Council and Bassetlaw District Council were consulted with regards to any current or proposed major developments that may affect, or be affected by, the proposed restoration. The responses received are attached in Appendix 11.1 (no response was received from Bassetlaw District Council).
11.5 The committed and potential future developments assessed within this chapter are shown in Figure 11.1 and listed in Table 11.1.
Cumulative Impact Assessment
11.6 The cumulative impacts of Committed Developments, and those at pre-application stage, are considered in Table 11.2.
Table 11.1 Developments to be considered in the Cumulative Assessment Ref. Name of the App. Dist. Description of the development development Existing developments None Committed Developments and Selected Pre-determination Sites 1 Elkesley House, 250 m from Outline permission for approximately 11 Elkesley Road, Meden soil residential dwellings. Application to replace extant Vale management permission in order to extend time limit for area (SW) implementation. Both applications have been granted. 2 Welbeck Colliery 500 m (SE) 2 pairs of semi-detached house and 13 Miners Institute, flats/apartments. Elkesley Road, Meden Application to replace extant planning permission Vale in order to extend time limit for implementation. Both applications have been granted (with conditions). 3 Welbeck Farm, 800m (SSE) Outline planning application, with some matters Netherfield Lane, reserved, for a residential development of 35 Meden Vale dwellings including access. The application has been refused but it is understood that it is likely to be pursued in the future. 4 Land off Burns Lane, 1.7km (SSW) Erection of new foodstore with ATM pod, car Market Warsop parking, public realm, landscaping and associated works. The application is currently being determined. 5 Nottingham Sleeper +10 km (NE) Proposed metals recycling and motor vehicle de- Company, Alpine pollution centre. The application has been
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Ref. Name of the App. Dist. Description of the development development Industrial Park, Jockey granted. Lane, Elkesley 6 R Plevin & Sons +10 km (NE) Construction and operation of a biomass fuelled Limited, Crookford Hill, combined heat and power plant. The application is Elkesley currently being determined. 7 Welbeck Colliery Immediately UK Coal currently have a Master Plan for the Regeneration adjacent to regeneration of the wider colliery. The master plan site and in the is still in development. The current considerations land made include a solar farm and commercial/industrial temporarily units. available for construction No planning submission has been developed for the scheme.
The site has also subject to the Strategic Land Assessment to determine suitability for housing by Bassetlaw District Council. It is recognised within the assessment that the land may not be available and is unlikely to be developed out until at the best projection 2015.
As no firm proposals have been established at the site and no planning application prepared the cumulative impacts of these developments cannot be considered. Any planning application associated with the regeneration will assess the cumulative impacts including the spoil heap restoration.
Table 11.2 Cumulative Assessment of Committed and Pre-determination Developments Issue Discussion on Cumulative Impact Landscape The proposed development has been assessed in this ES to have an overall beneficial impact on landscape. Therefore, particularly taking consideration of the nature of the potential developments, there will be no negative adverse cumulative impact. Ecology The creation of a range of new habitats on the site as part of the restoration proposals will represent a moderate beneficial impact. Short term impacts during the construction phase will be minimised by the implementation of effective controls following standard practice.
There are considered to be no cumulative impacts as a result of the other schemes. In fact the overall beneficial impacts may help to offset any adverse impacts that may potentially arise from the other schemes. Contaminated land The committed and potential developments identified in Table 11.1 are primarily for residential or retail and, as such, they are not anticipated to pose any risk of contamination to sensitive receptors (such as groundwater).
The proposed development has been assessed in this ES as having a neutral impact on contamination, particularly due to the regulation of the imported material that will be incorporated into a Material Management Plan.
Developments 5 and 6 are in excess of 10 km from the site, and therefore they are extremely unlikely to pose a contamination risk that would have contribute to the cumulative effect of the proposed restoration.
Consequently, the cumulative impact of these developments on contaminated land is assessed to be neutral. Hydrology The drainage design proposed for the site is assessed as betterment of the existing drainage system. There are therefore no adverse cumulative impacts. Transport The proposed restoration scheme has been assessed to have a neutral
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Issue Discussion on Cumulative Impact effect on transport in its operational phase. Therefore post-restoration there will be no cumulative impact.
During construction, there will be an increase in HGV movements associated with the site, however, the roads that form part of the routing strategy have sufficient spare capacity to accommodate this increase.
The committed and potential residential developments (1, 2 and 3) are in the village of Meden Vale. The proposed vehicle routing strategy for the restoration will avoid the village, and therefore there will be no cumulative impact.
The routing strategy will also avoid Market Warsop and therefore there is unlikely to be a significant cumulative impact with the proposed foodstore. Construction impacts Through the implementation of a CEMP and the MMP, any impacts from the construction works associated with the proposed restoration are likely to be local in nature. Therefore, there is considered to be no cumulative impact with the potential developments.
Mitigation
11.7 There are no additional impacts identified within the cumulative assessment and therefore no further mitigation is considered necessary.
Summary
11.8 The identified committed and potential developments do not change the level of impact considered in Chapters 5 to 10.
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12.0 SUMMARY OF IMPACTS AND MITIGATION
12.1 The scope of this ES has been discussed and agreed with Nottinghamshire County Council through a scoping exercise. The agreed scope includes an assessment of the following environmental factors in chapters 5 to 11:
Landscape and visual assessment; Ecology ; Geology, hydrogeology, land use and contaminated land; Hydrology; Transport; Construction impacts; and Cumulative Impacts.
12.2 The proposal is to complete the restoration of the northern section of the colliery spoil heap, enabling it to be used as an outdoor amenity area by the general public. The southern section of the spoil heap has already been completed and planted and is integrating well into the local landscape. The previously permitted restoration scheme was to be completed using colliery waste, but following the cessation of mining activities in 2010, there is insufficient material to complete the required formation. The proposed restoration will require the importation of suitable material. The site boundary includes the permanent restoration area and an area made temporarily available for construction (including the haulage route).
12.3 The methodology of the assessment is set out in Chapter 3. The methodologies of individual specialist assessments are included within the relevant chapter.
12.4 The permanent restoration proposals will have a broadly beneficial to neutral impact on ecology, landscape, off-site flood risk and contamination.
12.5 The importation of material on to the site will largely be via the railhead. HGV movements associated with the restoration will be routed appropriately. This will have a neutral impact on the local transport network. When considered against the former uses of the site, the restoration will have a beneficial impact on the transport network, drivers and pedestrians.
12.6 The duration of the proposed restoration scheme is consistent with the previously permitted scheme. Consequently, although the construction is assessed to have a short-term minor adverse impact, the impact is neutral when considered against the previously permitted scheme.
12.7 Tables 12.1 and 12.2 summarise the impacts of the restoration on the site, surrounding area and sensitive receptors, and the relevant mitigation measures set out in chapters 5 to 10, when the proposed restoration is operational and during the construction phase.
Table 12.1 Summary of Residual Impacts during Operational Phase Impact Mitigation measures, where applicable (relevant Residual Impact section) Significance Landscape Landscape character N/A Minor beneficial Visual receptors N/A Minor beneficial Ecology Habitat availability Creation of new habitats and introduction of Moderate beneficial Ecological Management Plan. Sherwood Forest area (including N/A Neutral – minor Nightjar and Woodlark) beneficial Geology, Hydrogeology, Land Use and Contamination Controlled waters Imported material will be regulated by controls and Neutral standards set out in MMP, which will be agreed with EA and planning authority; Phase 2 ERA including Hydrological Risk Assessment will be undertaken to
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Impact Mitigation measures, where applicable (relevant Residual Impact section) Significance investigate baseline conditions and a regular groundwater monitoring regime will be implemented and agreed with the EA. Human health Imported material will act as a capping layer Neutral between site users and potential residual contamination in spoil heap. Hydrology Off-site flood risk Drainage design will maximise infiltration and Moderate beneficial attenuation, to limit surface run-off. Human health Demarcation of ponds with appropriate signs; Neutral surface water features will be dredged if necessary to prevent overtopping. Transport Site traffic impact on drivers and N/A Neutral (major pedestrians (including delay, beneficial when amenity, fear/intimidation and considered against accidents and safety). previous site uses i.e. active colliery)
Table 12.2 Summary of Residual Impacts during Construction Phase Impact Mitigation measures, where applicable (relevant Residual Impact section) Significance Landscape Landscape character Soil bund around soil management area. Neutral Visual receptors Soil bund around soil management area. Neutral Ecology Habitat availability Where applicable, habitats will be retained until a Neutral replacement has been constructed and clearance will avoid breeding/nesting season. Disturbance Site controls implemented under the CEMP; Neutral monitoring site for evidence of badgers and raising temporary fences. Aquatic ecosystems Site controls implemented under the CEMP. Neutral Geology, Hydrogeology, Land Use and Contamination Controlled waters Phase 2 ERA including Hydrological Risk Neutral Assessment will be undertaken to investigate baseline conditions and a regular groundwater monitoring regime, during construction and post- restoration, will be implemented and agreed with the EA. Hydrology Off-site flood risk Construction of attenuation ponds in the east and Neutral to minor west and construction of swale; final drainage beneficial system will be constructed as soon as practicable. Suspended solids in surface waters Surface run-off will be attenuated on site and Neutral suspended solids will be settled out; stabilisation and vegetation of completed areas as soon as practicable. Transport Construction traffic impact on Vehicle routing strategy to avoid Meden Vale, Neutral to minor drivers and pedestrians (including Cuckney and Market Warsop. adverse delay, amenity, fear/intimidation and accidents and safety). Construction Impacts Air quality Registration into Considerate Constructors Scheme; Minor adverse development of CEMP to set out controls to be (neutral when applied on site, and inspections and monitoring to considered against be completed; dust control measures. impacts likely during previously permitted scheme)
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Impact Mitigation measures, where applicable (relevant Residual Impact section) Significance Noise Noise controls including soil screening and treating Minor adverse occurring in soil management area only, restricting (neutral when working hours and other controls set out in CEMP. considered against impacts likely during previously permitted scheme) Vibration N/A Neutral Artificial lighting Lighting carefully controlled and directed to Neutral minimise spillage. Water resources CEMP controls to prevent pollution including staff Minor adverse briefing, bunding, covering of stockpiles, wheel (neutral when washing, interceptor system within drainage system, considered against and spill kits on site; borehole monitoring agreed impacts likely with the EA. during previously permitted scheme)
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Tetron Point LP
J B Landscape Associates