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Monitoring of Mineral and Landfill Planning Permissions Report for Delabole Slate Quarry, Pengelly, Delabole, PA33 9AZ 8Th May 2015

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Monitoring of Mineral and Landfill Planning Permissions Report for Delabole Slate Quarry, Pengelly, Delabole, PA33 9AZ 8Th May 2015 Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Delabole Slate Quarry, Pengelly, Delabole, PA33 9AZ th 8 May 2015 Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this 0 breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non-compliance or breach of this 0 condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 27 Page 1 of 15 Page 2 of 15 1. Introduction This report is a document produced by Cornwall Council’s Planning Enforcement Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria; Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non- compliance or breach of this condition may result in the instigation of enforcement action. Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. 1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004. Page 3 of 15 2. Details of Site Monitoring Visit Site Name and Address: Delabole Slate Quarry, Pengelly, Delabole, PL33 9AZ Planning Permission(s): PA10/08752 dated 19.11.2012. Review of Mineral Planning Permissions (ROMP) (as amended 09.04.13). - PA13/03699 dated 08.05.2013. Non Material Amendment Application to vary the wording of conditions 12, 15, 21 and 25 on PA10/08752 dated 19.11.2012. Other Planning History: E1/2000/0383 dated 15 May 2000. Change of use of existing industrial store to form visitors centre together with erection of extension and associated external works. NC91.IDO dated 10.05.1995. Determination of conditions on Interim Development Order (IDO) permissions. (Superseded by PA10/08752 dated 19.11.2012). NC91.IDO dated 21.10.1994. Determination of conditions on Interim Development Order (IDO) permissions. (Superseded by NC91.IDO dated 10.05.1995). 90/728 dated 18.06.1990. Extension of slate saw house and creation of new office space within existing warehouse. CC/NC/87/1278 dated 17.09.1987. Extension to milling section and construction of new access road. IDO dated 15.01.1947. Any development required for the purposes of quarrying, working and utilisation of slate and slate waste. (Superseded by NC91.IDO dated 10.05.1995). Legal Agreement(s): None known Operator: Delabole Slate Company Limited Site Status: Active Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Mrs Stephanie Carlyon, Development Officer, Cornwall Council Date of Visit: 8th May 2015 Time on Site: 10.30 Time off Site: 11.30 Attendees: Mr George Hamilton – Delabole Slate Weather: Overcast, showers, light winds Ground Conditions: Damp Report Author: Mrs Stephanie Carlyon, Development Officer, Cornwall Council Page 4 of 15 3. Compliance with Planning Conditions PA10/08752 dated 19.11.2012 Review of Mineral Planning Permissions (RoMP) (as amended 09.04.2013) Condition Number and Description Condition 1 These conditions relate specifically to the permission shown edged red on Drawing No.KTES_Delabole_PIT_520079 and detailed below, namely: (i) Decision reference 93/00006/MIN NC91 IDO dated May 1995. Notes Following Visit This condition identifies the planning permission boundary. Condition Number and Description Condition 2 This permission shall not be valid after 21st February 2042. Unless further planning permission has been granted for a continuation of operations beyond this period, all operations and uses hereby approved shall be discontinued on or before this date, and all plant, machinery and buildings no longer required shall be removed and the land reinstated in accordance with the further conditions below. Notes Following Visit This planning permission remains in date and will expire on 21.02.2042. The submission deadline for the next Review of Old Mineral permissions (ROMP) application is 19.11.2027. Condition Number and Description Condition 3 The development shall take place in strict accordance with the submitted details and following drawings and details:- Drg KTES Delabole PIT 520079.dwg (Location Plan and Elevation) Drg SHT3 Delabole PIT 520079.dwg (Master Plan) Figure 1.1 Environment Report 2010 (Delabole Quarry Mineral Planning Permission area and ROMPS development areas.) Figure 12.1 Environment Report 2010 (Extended Phase 1 Habitat Map) Figure 15.1 Environment Report 2010 (Progressive rehabilitation and habitat type established to date) Environment Report December 2010 Section 6.6 (Landscape mitigation) Environment Report December 2010 Section 12.16.2 (Nesting Birds mitigation) Environment Report December 2010 Section 12.16.3 (Reptile mitigation) Drawing 9415 01 Proposed Layout plan Notes Following Visit There was no evidence during the visit to indicate developments were not in accordance with the approved drawings. Page 5 of 15 Condition Number and Description Condition 4 All quarrying operations shall be limited to the existing planning permission area as shown outlined black on the approved Master Plan (drawing No.SHT3 Delabole PIT 520079.dwg). Prior to any extraction outside of the area shaded green on the above mentioned plan, the operators shall have submitted to and had approved in writing by the Local Planning Authority (LPA), a detailed scheme of working, including details of the final extraction edge. Notes Following Visit Quarrying remains within the approved area shown on the approved Master Plan (drawing No.SHT3 Delabole PIT 520079.dwg). Extraction has marginally moved into the area shaded green but has not progressed outside of it. The Operator is aware that a scheme of working will need to be approved prior to the commencement of extraction outside the area shaded green. Photograph looking north eastwards across the quarry void to the current extraction area Page 6 of 15 Condition Number and Description Condition 5 The development of the quarry shall proceed in phases as set out within the area cross hatched in green shown on the approved plan SHT3 Delabole PIT 520079.dwg. Notes Following Visit Extraction continues in a north easterly direction in accordance with the phases shaded green on the approved drawing No.SHT3 Delabole PIT 520079.dwg. Extraction remains in Phase 1 (shown as light green) on the approved drawing. Photograph showing the area shown in green on the approved plan SHT3 Delabole PIT 520079.dwg Condition Number and Description Condition 6 The sole access to and from the quarry for all vehicles concerned with the transport of quarried material and other vehicles associated with the development shall be obtained by the access indicated on the approved Master Plan, except as may be required for access by oversize vehicles unable to pass through Pengelly when the access shown coloured pink on the approved Masterplan should be used. Notes Following Visit The access routes used continue to be those identified on the approved drawing. Page 7 of 15 Condition Number and Description Condition 7 The operators shall employ the best practicable means to prevent the deposit of mud, dust, stones and other deleterious material being carried out on the highway. Notes Following Visit The Local Planning Authority has not received any complaints regarding the condition of the public highway outside of the quarry entrance. The public highway outside the site was in good condition at the time of the visit. Condition Number and Description Condition 8 The access and internal layout of the parking and turning areas shall be maintained in accordance with details shown on Drawing No.
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