Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Slate Quarry, , Delabole, PA33 9AZ 8th 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 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) () 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, 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. 9415/01. Notes Following Visit The access and internal layout of the parking and turning areas have been developed in accordance with the approved drawing.

Aerial photograph taken in 2010 showing the layout of the car park which accords with the approved plan

Condition Number and Description Condition 9

All lorries leaving the site with loose material less then 6mm in size shall have their loads sheeted, bagged or tankered for transport. Notes Following Visit All material leaving the site below 6mm is either bagged or tankered off site and the Local Planning Authority has not received any complaints regarding this matter.

Page 8 of 15 Condition Number and Description Condition 10

Except for routine plant and/or maintenance, no mining operations (including fixed plant) authorised or required under this permission shall be carried out on the site except between the following times: between 7.00 am and 7.00pm Monday to Friday between 7.00 am and 1.00pm on Saturdays. Note to condition: There is no restriction to the hours of operating or maintenance of pumping equipment required to secure the safety and operation of the quarry or limit to the hours of operation of surface process plant housed in buildings. Notes Following Visit The Operator is aware of the approved working hours and the Local Planning Authority has not received any complaints in respect of this condition. The condition permits unlimited use of the surface process plant housed in buildings.

Condition Number and Description Condition 11

All practicable means shall be employed by the operators for preventing and minimising the emissions of dust, fumes, smoke, smell or the creation of noise during the approved use of the site. The word `practicable' and the phrase `practicable means' in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act 1990 as defined below. The provisions of this condition include the installation and maintenance of silencers on all plant and machinery to the manufacturers recommended specification. Notes Following Visit The Local Planning Authority has not received any complaints in respect of these matters and no issues were identified during the visit.

It is noted that the processing operations are comprehensively regulated by the Council’s Public Health and Protection Team under the Environmental Permitting (England and Wales) Regulations 2010.

Condition Number and Description Condition 12

Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order, no plant or machinery, buildings, structures and erections or private ways shall be erected, installed or replaced outside the designated plant area B shown outlined red and shaded brown on Figure 1.1 of the Environment Report. Notes Following Visit A Non Material Amendment application (ref PA13/03699) was approved on 08.05.2013 to vary the wording of Condition 12 so that it now includes the word ‘additional’. For the avoidance of doubt the new condition reads:

Condition 12 Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order, no additional plant or machinery, buildings or private ways shall be erected or installed outside the designated plant area B shown outlined red and shaded brown on Figure 1.1 of the Environment Report, unless otherwise agreed with the LPA.

No new plant, machinery or buildings have been erected outside the designated plant area B.

Page 9 of 15 Condition Number and Description Condition 13

Details of additional fixed plant and machinery and buildings to be erected within the designated plant area B shall be agreed in writing with the LPA prior to installation. Details shall include; design, dimensions, cladding, noise and dust suppression measures. Notes Following Visit No new fixed plant, machinery or buildings were evident in the designated plant area.

Condition Number and Description Condition 14

All lights and floodlights shall be screened so as not to cause a nuisance or annoyance to any occupied dwelling in the vicinity of the site. Notes Following Visit There are only a small number of PIR lights around the plant area to comply with health and safety requirements. There is no lighting used (portable or fixed) within the quarry void. No complaints have been received regarding light pollution.

Condition Number and Description Condition 15

With the exception of work under condition 19, noise from all fixed and mobile plant within the quarry site, measured at the facade of any dwelling shall not exceed the following freefield noise levels: Between 7.00am and 7.00pm Monday to Saturday 55 dB (A) LAeq (1 hour) Between 7.00pm and 11.00pm Mondays to Saturdays 47 dB (A) LAeq (1 hour) At all other times: 27 dB (A) LAeq (5mins) including all day on Sundays and Public Holidays.

Where the LPA notifies the operator of a noise complaint or complaints which are attributable to operations within the site, the operator shall be required to undertake self monitoring of noise levels and operations to demonstrate compliance with this condition, in accordance with a scheme to be approved in writing by the LPA. Notes Following Visit A Non Material Amendment application (ref PA13/03699) was approved on 08.05.2013 to vary the wording of Condition 15. For the avoidance of doubt the new condition reads: Condition 15 With the exception of work under condition 19, noise from all fixed and mobile plant within the quarry site, measured at the facade of any dwelling shall not exceed the following freefield noise levels: Between 7.00am and 7.00pm Monday to Saturday 55 dB (A) LAeq (1 hour) Between 7.00pm and 11.00pm Mondays to Saturdays 47 dB (A) LAeq (1 hour) Between 11.00pm and 7.00am Monday to Saturday 42 dB (A) LAeq (1 hour) At all other times: 27 dB (A) LAeq (5mins) including all day on Sundays and Public Holidays.

Where the LPA notifies the operator of a noise complaint or complaints which are attributable to operations within the site, the operator shall be required to undertake self monitoring of noise levels and operations to demonstrate compliance with this condition, in accordance with a scheme to be approved in writing by the LPA.

The Local Planning Authority has not received any noise complaints.

Page 10 of 15 Condition Number and Description Condition 16

Within 24 months of the date of this decision notice, there shall be no use of single pitched reversing bleepers on mobile site based plant and vehicles within the site. Notes Following Visit This condition requires all single pitched reversing bleepers on mobile site based plant to be replaced by 19.11.2014. The Operator confirmed during the visit that all bleepers on the permanent site based have now replaced. No reversing bleepers were heard during the visit.

Condition Number and Description Condition 17

Stockpiling of materials for sale shall be confined to quarried areas and surface operation areas of the site in accordance with areas A and B shaded brown in Figure 1.1. Waste rock, subsoil and topsoil, except for landscaping as indicated in the approved plans shall be located in the area shaded brown on drawing SHT3 Delabole PIT 520079.dwg. Storage of any materials shall not be carried out in the areas shaded orange or orange with hatching as shown in Figure 12.1 of the Environment Report. Notes Following Visit Stockpiles are confined to the approved areas. Waste rock and recent overburden is being tipped on the western side of the quarry void.

Photograph showing the waste material tipped against the western face of the quarry void

Condition Number and Description Condition 18

All available topsoil shall be stripped from the site, prior to quarrying and conserved for future use in landscaping and in restoration. Notes Following Visit No new topsoils have been disturbed on site since the last visit in December 2012. Those topsoils previously disturbed were transferred directly to the old tips for restoration purposes. Page 11 of 15 Condition Number and Description Condition 19

Noise from landscaping on the site shall not exceed a free field level of 70dB(A), LAeq (1 hour), at the curtilage of any dwelling at any time. Levels of up to 70dB LAeq (1 hour) Free field, from work, will be permitted on weekdays only, between 9.00am and 5.00pm, for no more than 8 weeks in any year at any dwelling. Outside of these times, Condition 16 shall apply. Notes Following Visit The operator is aware of the noise limits during landscaping works. No noise complaints have been received.

Condition Number and Description Condition 20

Prior to the installation of any new fencing, details shall be submitted to and agreed in writing with the LPA. The details shall include the height, materials, colour and specification of the new fence. Notes Following Visit No new fencing has been installed at the site.

Condition Number and Description Condition 21

During the operation of the site and the stated aftercare period, noxious weeds in particular Ragwort and Japanese Knotweed shall not be allowed on the site. Recognised control methods shall be implemented as soon as is practicable following initial infestation until clearance has been achieved. Notes Following Visit A Non Material Amendment application (ref PA13/03699) was approved on 08.05.2013 to vary the wording of Condition 21. For the avoidance of doubt the new condition reads:

Condition 21 During the operation of the site and the stated aftercare period, ‘controlled weeds’ in particular Ragwort and Japanese knotweed, shall be subject to recognised control methods as soon as is practicable following initial infestation until clearance has been achieved.

It is recognised that the permission boundary covers a large area including farmland and public footpath. Japanese Knotweed and Ragwort have been identified within the red line area but recognised control measures are used to control it. Japanese Knotweed is sprayed annually during the Autumn and ragwort is pulled.

Page 12 of 15 Condition Number and Description Condition 22

Within two years of the date of the determination of new conditions a scheme for the progressive reclamation of the slopes of the disused tips shown shaded green in Figure 15.1 shall have been submitted to and had approved in writing by the LPA. The scheme shall include details of the following: a) proposed planting measures b) aftercare details The approved scheme shall be implemented as approved, unless a variation has been approved in writing by the LPA. Notes Following Visit The restoration scheme ref PA15/01356 was approved on 24.04.2015. The scheme does not propose any further restoration of the old tips and provides for these areas to be left to regenerate naturally. An annual survey will be undertaken to identify any controlled weeds and any appropriate follow up treatment will be undertaken.

Condition Number and Description Condition 23

There shall be no importation of waste to the site without the granting of planning permission. Notes Following Visit There was no evidence to indicate that any waste had been imported to the site.

Condition Number and Description Condition 24

On completion of the quarrying operations hereby approved the site shall be treated and restored for amenity or other purposes in accordance with a scheme to be submitted by the operator and agreed in writing by the LPA to include details of measures to rehabilitate the quarry floor, or flooded margins, backfilled areas, quarry faces, former plant areas and access roads and a programme for implementation. All plant, machinery buildings and stockpiles shall be removed. The restored areas shall be subject to a programme of aftercare in accordance with the details to be agreed. Notes Following Visit Quarrying operations continue and this condition remains non applicable at this time.

Condition Number and Description Condition 25

Until such time as they are directly effected by mining operations, all existing trees, shrubs and hedgerows (within the control of the operator) shall be retained, managed and protected from mining operations during the period of development. Notes Following Visit A Non Material Amendment application (ref PA13/03699) was approved on 08.05.2013 to vary the wording of Condition 25. For the avoidance of doubt the new condition reads:

Condition 25 Until such time as they are directly effected by mining operations, hedgerows, trees and shrubs (within the control of the operator) shall be retained and protected from the mining operations during the period of development as appropriate to operational safety and good landscape management.

No trees, shrubs and hedgerows have been affected by mining operations at this time.

Page 13 of 15 Condition Number and Description Condition 26

In the event of the cessation of winning and working operations prior to the completion of the approved restoration scheme, which in the opinion of the LPA constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, and a programme of implementation, shall be submitted in writing for the approval of the LPA within six months of the cessation of the winning and working. The approved revised scheme shall be fully implemented in accordance with the approved programme of implementation. Notes Following Visit Winning and working continues and this condition does not apply at this time.

Condition Number and Description Condition 27

All disused buildings, plant structures and machinery ancillary to the winning and working of minerals shall be removed from the site, and the land shall be reinstated so far as practicable to its condition before the development took place. Removal and site reinstatement shall take place within 24 months of any date when the relevant building, plant structure or machinery is no longer needed for its original purpose, or by 21 February 2044, which ever is the sooner. Notes Following Visit There are no disused buildings, plant or structures ancillary to the winning and working of minerals on site.

Page 14 of 15 4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None

10. Issues to be Addressed

None identified at this time.

11. Summary

Delabole Slate Quarry is located within the north of the County adjacent to the western periphery of Delabole village. The village of is approximately 3km south-southwest of the quarry and , the nearest town, is approximately 2.5km to the east. It is a long established excavation having worked for many centuries producing a variety of slate product.

Mineral developments are permitted by decision notice PA10/08752 Review of Mineral Planning Permissions dated 19.11.2012 (amended 09.04.2013). Further to this, a Non Material Amendment application (PA13/03699) was approved on 08.05.2013 to vary the terms of conditions 12, 15, 21 and 25.

Winning and working continue with extraction taking place from the north and north-east faces of the quarry. Waste and overburden is deposited on the western side of the pit to facilitate in-pit restoration. Since the last visit the restoration scheme required in Condition 22 for the old tips has been submitted and approved (ref PA15/01356 approved on 24.04.2015). The scheme does not propose any further restoration of the old tips and provides for these areas to be left to regenerate naturally. An annual survey will be undertaken to identify any controlled weeds and any appropriate follow up treatment will be undertaken.

No compliance issues were identified during this visit and the Local Planning Authority has not received any complaints about the site.

Page 15 of 15