Tarmac Ltd. – Planning Application for the Continuation and Extension of Sand and Gravel Extraction – Cadeby Quarry, Cadeby (Hinckley and Bosworth Borough)

DEVELOPMENT CONTROL AND REGULATORY BOARD

20 TH JULY 2006

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

TARMAC LTD. – PLANNING APPLICATION FOR THE CONTINUATION AND EXTENSION OF SAND AND GRAVEL EXTRACTION – CADEBY QUARRY, CADEBY (HINCKLEY AND BOSWORTH BOROUGH)

2005/0893/04 – 24 th August 2005

Background

1. Cadeby Quarry is an established sand and gravel quarry situated between the villages of Cadeby and Newbold Verdon. Sand and gravel extraction has been carried out at the site since 1964 under a number of planning permissions. Previously worked parts of the site have been restored progressively to agriculture by a combination of infilling with inert material and low level restoration. The most recent mineral extraction permission was granted on 7 December 1988 under reference no. 1988/0707/04. Permissions and approvals for ancillary structures and operations have been granted in subsequent years.

2. The proposal which is the subject of this report includes two elements: the review of existing mineral planning permissions to enable the continuation of sand and gravel extraction and processing at the site under an updated schedule of planning conditions (a requirement introduced by the Environment Act 1995), and the extraction of mineral from three extension areas adjacent to existing operations. The proposals are explained in greater detail later in this report.

Site Location

3. Cadeby Quarry is situated east of Cadeby and south west of Newbold Verdon. Access to the site is via Brascote Lane (Cadeby) onto the A447 Hinckley Road. The quarry comprises a processing plant and stock yard, active and restored mineral extraction areas, and a number of silt lagoons. The application site comprises the existing processing plant site, areas of past mineral extraction which have been partly restored, the current active extraction area, a number of silt settling lagoons, as well as three areas of proposed further mineral extraction: one being a field on the northern side of Brascote Lane (Newbold Verdon), referred to in the application as the Northern Working Area, a set fields to the south of Brascote Lane (Cadeby) and adjacent to the A447 Hinckley Road, referred to as the Western Working Area, and a third area referred to in the 2005/0893/04 - continued

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application as the Brascote House Area. The latter falls entirely within the previously permitted site area but has to date been excluded from mineral extraction.

4. The nearest property in the village of Cadeby is approximately 60 metres west of the application site boundary, 80 metres west of the edge of the proposed extraction area and 575 metres west of the westernmost part of the existing processing plant. There are four individual properties at closer distance: these are Freshfields and Rock Cottage on Brascote Lane (Cadeby), 155m and 285m north west of the processing plant site respectively, and Highfields and Orchard Farm, on the eastern side of the A447 Hinckley Road (415m and 450m south west of the processing plant site respectively). Three properties, Lindley Hall Farm, Naneby Hall Farm and Cottage Farm, are located approximately 90-130 metres north east of the processing plant and stock yard.

5. On its eastern edge, current operations extend to the south side of Brascote Lane (Newbold Verdon), the road leading from Newbold Verdon to Kirkby Mallory. The nearest properties are Manor House, Holly House Farm and Hollyledge Farm. These are located approximately 170m north of the current extraction area and 730m east of the processing plant/stock yard. A single property known as The Lodge, at the corner of Brascote Lane (Newbold Verdon), is approximately 100m west of the existing silt lagoons, which are located in the easternmost part of the currently permitted working area. The “Windmill Inn” public house is situated further north along Brascote Lane (Newbold Verdon), approximately 360m north of the edge of the existing silt lagoons. An area of allotment gardens extends to the south of the Windmill Inn towards the northern boundary of the application site.

6. The settlement of Newbold Verdon is approximately 700m north of the currently permitted site area, with the residential properties on the southern side of Arnolds Crescent being nearest to the site. The northernmost tip of the proposed extension area would be approximately 400m south of the edge of Newbold Verdon.

7. The entire quarry is surrounded by agricultural land. An area known as Becks Farm, where sand and gravel extraction took place in the 1970s, is located south east of the current extraction area. This area has since been restored to agricultural land. A concrete products manufacturing business is located immediately to the west of the quarry processing plant and stock yard.

8. Two Public Rights of Way cross the application site. Footpath S66 runs from Brascote Lane (Cadeby) to the A447 Hinckley Road, crossing the Western Working Area. Footpath S23 connects Brascote Lane (Newbold Verdon) with the village of Kirkby Mallory to the south, crossing the area of existing silt lagoons in the eastern part of the site, and continues south across the now restored Becks Farm area. The latter is currently the subject of a temporary diversion order and has been re-routed around the silt lagoons. A third Public Right of Way, Bridleway S25, runs along Brascote Lane (Cadeby) from the property known as Freshfields eastwards past the site entrance and on to Manor Farm, but does not cross the application site. Other public footpaths and bridleways in the vicinity of the site are outside the application area.

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Planning History

9. Planning permission for the winning and working of sand and gravel at Cadeby Quarry was first granted on 8 September 1964 (planning permission 2028/61). In subsequent years, a number of further permissions for extraction of sand and gravel were granted, extending the site to approx. 74 hectares. The site has been progressively restored back to agriculture by a combination of infilling with inert material and low level restoration. The last extension to sand and gravel workings was permitted on 7 December 1988 (planning permission 1988/0707/04). A number of permissions for ancillary structures and operations were granted after that date.

10. The concrete products factory which is located west of the quarry processing plant, was established in 1983 and has subsequently been extended under a number of planning permissions, some of which were granted by Hinckley & Bosworth Borough Council.

11. Permission for the infilling of an area to the west of the quarry processing plant and the concrete products factory with household refuse was granted in 1964. Further permissions for the extension of the refuse tip and the disposal of waste were granted in 1970, 1972 and 1977 (all allowing the deposit of household waste), and in 1985 and 1990 (allowing the deposit of inert materials and quarry waste only).

Description of Proposal

Review of Mineral Planning Permissions (ROMP)

12. Schedule 14 to the Environment Act 1995 provides for the periodic review of all mineral planning permissions on a continuous 15 year rolling programme. The aim of the review process is to bring the older mineral workings up to date in terms of their operating and environmental controls, and looks to the minerals industry in the first instance to demonstrate their commitment to raising standards. Therefore in the case of this site, the due date by which an application for determination of new planning conditions had to be made was 7 December 2003.

13. At its meeting on 13 November 2003, the Development Control and Regulatory Board approved a request from Tarmac Ltd, the operator of Cadeby Quarry, to extend the deadline for the submission of updated planning conditions by one year. At the time, Tarmac explained its request by stating that the company was intending to prepare a planning application for an extension to Cadeby Quarry, and it believed that the periodic review would be best dealt with as part of a consolidating planning application. Tarmac also considered the existing operations and conditions at Cadeby to be generally satisfactory without any urgent need for updating.

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14. On 3 December 2004, Tarmac Ltd. submitted an application for the determination of mineral conditions under the Environment Act 1995. The application was not accompanied by an Environmental Statement. The County Council subsequently adopted a Screening Opinion which concluded that the submission of an Environmental Statement was required. An Environmental Statement was submitted on 30 June 2005. Because the submission of an application for the extension of the quarry was imminent, it was agreed with the applicant to defer the determination of the ROMP submission and to allow the application to extend the site to be considered first.

Continuation and Extension of Sand and Gravel Extraction

15. The proposed extension comprises three distinct areas: firstly, a field to the north of the existing silt lagoons which is bounded by Brascote Lane (Newbold Verdon) on its western and southern side and is referred to in the application as “Northern Working Area”. Secondly, the “Western Working Area”, which comprises a number of agricultural fields to the west of the existing processing plant site and extends to the A447 Hinckley Road. The third proposed extension area is known as the “Brascote House Area”. This comprises an area of land around Brascote House, a former farmhouse with outbuildings which has been derelict for a number of years. The Brascote House Area is located within the boundaries of the existing planning permission, but is currently excluded from mineral extraction.

16. The planning application seeks permission for the following development:

• The continued extraction of sand and gravel from the area previously permitted under reference 1988/0707/04; • the extraction of 0.945 million tonnes of sand and gravel from three adjacent extension areas comprising • the Northern Working Area (5.4 hectares) • the Western Working Area (7.7 hectares) • the Brascote House Area (2.7 hectares); • the temporary crossing of Brascote Lane (Newbold Verdon) by dumpers to transport unprocessed mineral from the Northern Working Area to the currently permitted working area, using automatically controlled traffic signals; • the installation and operation of a ground conveyor to transport mineral from the Western Working Area to the existing Cadeby Quarry processing plant; • the continued use of a ground conveyor to transport mineral from the currently permitted extraction areas and the Brascote House area to the Cadeby Quarry processing plant; • the continued processing of mineral through the existing Cadeby plant; • the continued use of Brascote Lane (Cadeby) to access the A447 Hinckley Road for the sales and distribution of the processed mineral; • the restoration of the mineral extraction and processing plant areas to a mixture of agriculture, woodland, open water and nature conservation areas; • the creation of a small car park, accessed from Brascote Lane (Newbold Verdon) for fishermen using the lake in the restored Northern Working Area.

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These elements are explained below in more detail.

17. The application is accompanied by an Environmental Statement which describes the environmental impacts of the proposed development and appropriate mitigation measures under the headings of: change in land nature and use; agriculture and farming; water environment; ecology; transport; landscape and visual; noise; archaeology; dust; public rights of way; and beneficial impacts. Additional information on agriculture and soil resources, the water environment, ecology, transport, landscape and visual impact, noise and archaeology is contained in a number of technical appendices.

General

18. The application site covers a total of 95.1 hectares, of which 58.1 hectares are covered by planning permission 1988/0707/04. This includes areas awaiting restoration following mineral extraction, the remaining mineral extraction areas, silt and clean water lagoons, other peripheral areas outside the permitted mineral extraction areas, and the proposed Brascote House extraction area. The latter comprises a derelict farmhouse, outbuildings and rough grassland, totalling 2.7 hectares. The proposed Northern Working Area measures 7.2 hectares, and the proposed Western Working Area 17 hectares. In addition to the above, the application area includes 12.8 hectares of land associated with other permission areas, containing the conveyor routes from the Brascote Farm working area to the processing plant, the processing plant itself with associated lagoons, the quarry offices, a mortar plant, a ready mixed concrete plant operated by Lafarge Aggregates Ltd, and a number of areas awaiting final restoration, such as the former Naneby silt lagoon area to the north of the processing plant.

19. An agricultural land classification undertaken by consultants on behalf of the applicant shows that 40.3% of the Northern Working Area (2.9 ha) are Grade 2 agricultural land, 29.2% (2.1 ha) Grade 3a and 30.5% (2.2 ha) Grade 3b. In the Western Working Area, 55.9% (9.5 ha) are Grade 2, 19.4% (3.3 ha) are Grade 3a and 24.7% (4.2 ha) are Grade 3b agricultural land. The Brascote House Area does not contain any land classified as best and most versatile agricultural land.

20. Table 1 below summarises the sizes of the proposed mineral extraction area, the mineral reserve, the duration of working, information on Best and Most Versatile Agricultural Land and restoration proposals.

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Table 1 – Size of application area and restoration proposals Existing Site Northern Western Brascote TOTAL (previously Working Area Working Area House Area permitted) Total Area 70.9 7.2 17.0 (2.7) 1 95.1 (ha) Extraction 12.5 5.4 7.7 (2.7) 1 28.3 Area (ha) Mineral 288,000 463,000 194,000 945,000 Reserve (Tonnes) Duration of ongoing 3 campaigns of approx. 2 approx. 12 approx. 4 years Extraction 5 weeks each, years months (followed by over a total completion of period of 1 year site restoration) Best and Most None present 40% Grade 2 56% Grade 2 None present Versatile in the areas 29% Grade 3a 19% Grade 3a Agricultural still to be 31% Grade 3b 25% Grade 3b Land extracted Restoration Agriculture; Open water, Agriculture, Agriculture, wetlands; (amenity use); hedgerows, with some conservation agriculture trees hedgerow and grassland; wet woodland woodlands; planting some open water.

1 Located within previously permitted site area

The Existing Plant Site

21. The plant site comprises a washing and processing plant, offices, workshops, a stockyard and settlement lagoons. The plant site also accommodates a ready mixed concrete plant which is operated by Lafarge Aggregates Ltd. The application does not propose any changes to the plant site or structures or the operation of these facilities.

The Proposed Extension Areas

22. The proposed Northern Working Area comprises a single arable field of 7.2 hectares, bounded to the south and west by Brascote Lane (Newbold Verdon) of which 5.4 hectares would be used for mineral extraction. The anticipated reserves of 288,000 tonnes would be extracted on a “campaign” basis during three periods of approximately five weeks duration each, using contractors.

23. The mineral would be extracted by hydraulic excavators, loaded onto dumper trucks and transported to the Brascote House area , where it would be stockpiled within the currently permitted working area. The mineral would then be re- excavated using draglines and loaded onto the existing ground conveyor for transport to the plant site.

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24. The proposed Western Working Area is located in the westernmost part of the application site area. It comprises a number of fields currently used as grazing land. The area totals 17 hectares of which 7.7 hectares would be used for mineral extraction, with the remainder of the area providing easements to roads and hedge boundaries and areas used for soil storage. The horseshoe-shaped extraction area is located adjacent to a field which was previously worked for mineral in the early 1970s and has subsequently been restored.

25. The anticipated reserves of 463,000 tonnes would be excavated over a period of approximately 18 months to 2 years with progressive restoration. The material would be excavated using draglines and loaded onto a conveyor for transportation to the processing plant. This method of extraction is currently used within the previously permitted parts of the site.

26. The Brascote House Area measures 2.7 hectares and lies within the boundary of planning permission 1988/0707/04 but outside the permitted mineral extraction area. The estimated reserves in this area are 194,000 tonnes. Following the demolition of the disused farmhouse and outbuildings, the mineral would be extracted using draglines and loaded onto the existing conveyor. The total duration of extraction is anticipated to be 12 months.

Phasing of Working and Restoration

27. The presently permitted reserves would continue to be worked. The remaining area of topsoil would be stripped and placed direct to restoration on land previously backfilled with overburden to the west of Brascote House. The operator advises that the currently permitted reserves are expected to run out within 6-12 months.

28. Site preparation and mineral extraction operations would then move on to the Northern Working Area. During the initial works (stripping of topsoil, subsoil and overburden and placing these materials in storage bunds) a screening and noise bund comprising straw bales approximately 3m high would be placed along the south western site boundary, where the perimeter hedge is absent. Mineral extraction would then commence in the eastern part of the area and progress in a westerly direction. The applicant proposes extraction works to take place in three campaigns, each of 5 weeks duration, over the course of one year. Following completion of the first campaign, overburden and soils would be progressively placed in the worked out void. Restoration works would continue in between mineral extraction campaigns.

29. In advance of topsoil and subsoil stripping in the Western Working Area, a ground conveyor would be erected in the previously extracted and restored field. Topsoil stripping in the extraction area would commence following the restoration of the Northern Working Area. Topsoils and subsoils would be stripped and placed in screening bunds around the outer edges of the extraction area, to provide visual screening and noise attenuation to the adjacent properties (Highfields, Orchard Farm, Freshfields and Rock Cottage) and along the boundary with the A447 Hinckley Road. Draglines would cast the overburden back onto the quarry floor and place the mineral on the ground conveyor for transport to the processing plant.

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30. Approximately 98,000 cubic metres of overburden from Brascote House would be excavated and transported by dumpers into the first area of mineral extraction, to facilitate restoration to agriculture. Following the completion of mineral extraction, minor regrading works would be undertaken and soils would be removed from storage and placed direct to restoration.

31. While mineral extraction in the Western Working Area is ongoing, site preparation works in the Brascote House Area would commence. Following the demolition of the buildings, all soils within the area would be stripped and placed direct to restoration within the currently permitted area. The overburden would be excavated and transported by dumper to the Western Working Area. The mineral would be excavated by dragline and transported by conveyor to the processing plant. Upon completion of excavation, minor regrading of overburden would take place from the previously permitted area to ensure the restoration contours blend in with the previously restored area. Soils will then be removed from existing stockpiles to complete the restoration.

Transport

32. An average of 38 loaded HGV leave the quarry each day (resulting in 76 vehicle movements) with a further 9 loads per day delivered to the ready mixed concrete plant on site and the adjacent precast concrete works. The applicant proposes to continue the existing site access on Brascote Lane (Cadeby) for the sales and distribution of mineral. The proposal would not result in any increase over and above current vehicle numbers.

Crossing of Brascote Lane (Newbold Verdon)

33. The applicant proposes to transport mineral from the Northern Working Area to the currently permitted working area by dumper trucks during the mineral extraction campaigns. The dumper trucks would follow a route from Brascote Lane (Newbold Verdon) in a southerly direction towards the Brascote House area, where the mineral would be transferred to the existing conveyor for onward transport to the processing plant.

34. In order to allow the dumper trucks to cross Brascote Lane, a temporary crossing point would be installed. The applicant proposes to install automatically operated traffic signals with microwave detection. Priority would be given to traffic on Brascote Lane. Warnings of the part time signals, consisting of traffic signs and road markings, would also be installed on Brascote Lane.

35. Throughout each of the three extraction campaigns in the Northern Working Area, the quarry operator would be responsible for maintaining the crossing. A tractor and brush would be used to sweep and a bowser to wash the crossing. At the end of each working day, a road sweeper would be contracted to clean the carriageway either side of the crossing as required.

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36. Outside the extraction periods the traffic signals (mounted in barrels) would be removed and any warning signs covered over. Following completion of mineral extraction and restoration activities in the Northern Working Area the signals, warning signs and road markings would be removed and the carriageway and verges made good.

Hours of Operation

37. The currently permitted hours of operation are 0700-1800 Monday to Friday and 0700-1400 on Saturdays for soil stripping, mineral extraction and mineral processing operations, with no such activities allowed to take place at all on Sundays, Bank Holidays and Public Holidays. Certain activities such as dewatering, repairs and maintenance and emergency workings to ensure site safety, may be carried out at any time as required. No change is proposed to these arrangements.

Site Restoration and Afteruse

38. Following completion of mineral extraction, the applicant proposes to restore the Northern Working Area to an area of open water suitable for amenity use. This would include areas of wetland vegetation, reeds/marshy vegetation and some agricultural land to the east. It is proposed to construct a car park with 10 spaces, to be accessed from Brascote Lane (Newbold Verdon).

39. It is proposed to return the Western Working Area to agricultural use following mineral extraction, in order to utilise the Best and Most Versatile soils found in this area. Due to the lack of fill material (although some 98,000 m 3 of overburden would be imported from the Brascote House area), this part of the site would be restored at a lower level. The steeper slopes around the extraction area would be planted with woodland. A drainage ditch at the base of the woodland would channel water to an area of rough grassland with a pond in the southern part of the area. Hedgerows which were removed prior to mineral working would be reinstated.

40. The Brascote House area would be returned largely to agriculture, with some hedgerow and woodland planting. The contours of this part of the site would be regraded to blend in with those of previously restored parts of the site.

41. Following the cessation of mineral working and processing, the silt lagoon area would have a nature conservation afteruse. The bunds would be regraded out into the lagoons, allowing for the reinstatement of Footpath S23 along its original route. Along the perimeter margins of the wet lagoons, scrapes and ponds would be dug by means of a long reach excavator. The central parts of the lagoons would be allowed to regenerate naturally, developing initially into wet woodland with areas of reed beds and marshy vegetation.

42. The regeneration proposals would benefit bats, barn owls, farmland birds, reed/sedge warbler, amphibians, invertebrates and reptilians.

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43. Following the removal of the processing plant and site offices, the stock yard and processing plant area would be restored to conservation grassland, using soils previously placed in storage. It is proposed to retain the current freshwater lagoon as an area of open water, with further tree planting and conservation grassland mix.

Planning Policy

44. The following national planning policies are relevant to the development: • Planning Policy Statement 1 (PPS1) sets out the overarching planning policies on the delivery of sustainable development through the planning system. • Planning Policy Statement 9 (PPS9) Biodiversity and Geological Conservation sets out planning policies on protection of biodiversity and geological conservation through the planning system and states that sites of regional and local biodiversity and geological interest have a fundamental role to play in meeting overall national biodiversity targets. • Minerals Policy Statement 2 (MPS2) Controlling and Mitigating the Environmental Effects of Mineral Extraction in England states the principles to be followed in considering the environmental effects of mineral working. • Minerals Planning Guidance Note 1 (MPG1) General Considerations sets out the principles and the key planning policy objectives against which plans for minerals and decisions on individual applications should be made. • Minerals Planning Guidance Note 6 (MPG6) Guidelines for Aggregates Provision in England provides advice to mineral planning authorities and the minerals industry on how to ensure that the construction industry receives an adequate and steady supply of material at the best balance, of social, environmental and economic cost, whilst ensuring that extraction and development are consistent with the principles of sustainable development. • Minerals Planning Guidance Note 7 (MPG7) Reclamation of Mineral Workings sets out the contribution which reclaimed mineral sites can make to the Government's policies for sustainable development and mineral working and provides some advice on preparation of schemes of conditions for restoration, aftercare and after-use which owners/operators of older mineral sites may need to draw up for future reviews of such sites • Regard has also been had to Mineral Policy Guidance Note 2 (MPG2) Applications, Permissions and Conditions .

45. The development plan in this instance comprises the Regional Spatial Strategy for the East Midlands (RSS8), the Leicestershire, Leicester and Rutland Structure Plan 1996-2016, the Hinckley & Bosworth Local Plan, and the Leicestershire Minerals Local Plan.

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46. Leicestershire, Leicester and Rutland Structure Plan 1996 – 2016 (adopted March 2005) • Strategy Policy 8 – Development in the Countryside: States that the Countryside will be protected for its own sake. • Environment Policy 1 – Historic Environment: Aims to protect, preserve and enhance areas, sites, buildings and settings of historic or architectural interest or archaeological importance. States that proposals for development on, in or adjacent to archaeological or other historic sites and buildings will be considered against the need to ensure their preservation and setting. • Environment Policy 3 – Biodiversity Enhancement: States that measures will be taken through development opportunities to protect, maintain and enhance biodiversity and sites of ecological importance, to identify locations for habitat restoration and creation schemes, and to maintain and enhance the wider ecological value of the environment. • Environment Policy 3A – Protection of Important Species and Habitats: Sets out protection measures in relation to habitats of international, national and local importance and species of acknowledged importance, as well as mitigation and compensation measures. • Resource Management Policy 7 – Land Release – Minerals: States that when allocating land and considering planning applications for the extraction of minerals, consideration will be given to the need to release sufficient land to maintain an adequate supply of minerals, maintain an appropriate land bank of permitted reserves of construction aggregates, and maintain a sufficient stock of limestone and clays. • Resource Management Policy 9 – Environmental Impact of Mineral Extraction and Waste Management: States that when allocating land and considering planning applications for the extraction of minerals or for waste management development or related development, account will be taken of its likely impact on the environment and the need for the development when it is a material planning consideration. • Resource Management Policy 13 – Restoration Aftercare and Afteruse: Requires mineral extraction and waste disposal sites to be restored to an acceptable afteruse at the earliest opportunity, followed by a programme of aftercare.

47. Hinckley & Bosworth Local Plan (February 2001) • Policy BE14 requires an archaeological field evaluation to be carried out if initial assessments indicate that archaeological remains may exist. • Policy BE16 states that in cases where an archaeological field evaluation indicates the presence of important remains, planning permissions shall include conditions requiring further investigation of the remains. • Policy NE5 aims to protect the countryside for its own sake. • Policy NE14 aims to protect the quality of surface water and groundwater supplies.

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48. Leicestershire Minerals Local Plan (1996) • Policy 2 – Assessment of Proposals for Mineral Extraction: Lists the factors which will be taken into account when assessing proposals for mineral extraction. These include: operational and economic needs, the likely impact on the overall environment, and the provisions of the development plan and any supplementary planning guidance. • Policy 3 – Environmental Considerations: Indicates instances where mineral working will not normally be allowed by virtue of the impact on environmentally sensitive areas, including best and most versatile agricultural land, areas of landscape value, and public rights of way. • Policy 5 – Planning Conditions for the Protection of the Environment: Sets out measures to control the environmental effects of mineral operations through the imposition of suitable planning conditions; • Policy 11 – Restoration and Aftercare Conditions: Sets out the matters in respect of which conditions will be imposed to ensure satisfactory restoration. • Policy 12 – After Use: Seeks to ensure that the best and most versatile agricultural land is restored to an agricultural use. • Policy 14 – Lower Level Restoration: States that the County Council will require restoration at a lower level without importation of fill material, unless there is a demonstrable need for a waste disposal facility. • Policy 17 – Sand and Gravel (Unallocated Sites): States that proposals for sand and gravel extraction outside the areas identified on the proposals map will not normally be permitted unless (a) the development comprises limited, small scale extensions to existing quarries, or (b) it can be demonstrated that demand cannot otherwise be reasonably met.

49. Members will be aware that the Minerals Local Plan is to be replaced by the Minerals Development Framework (MDF). The County Council’s Cabinet will be considering “Preferred Options” for mineral development at its meeting on 26 July 2006 in preparation for the next consultation stage. Extensions to Cadeby Quarry have been promoted for inclusion in the MDF by Tarmac Ltd. The Director of Community Services is currently recommending the extensions to Cadeby Quarry are included in the MDF.

Consultations

Hinckley & Bosworth Borough Council - Planning

50. Formal response awaited.

Hinckley & Bosworth Borough Council - Environmental Health

51. Has no comments on the proposals, and raises no objection to the continuation of mineral extraction.

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Cadeby Parish Council

52. Opposes the application. The proposed location of a quarry adjacent to village properties is unacceptable. The Parish Council is concerned about the effects of dewatering of the quarry, which could lead to subsidence and structural damage to local properties, specifically the Parish Church of All Saints. There are also concerns about the effect of dewatering on trees and other plants, in particular the large oak tree at the corner of Brascote Lane (Cadeby) and the A447 Hinckley Road.

53. Local residents have little faith in the undertakings given by the applicant in respect of noise and dust. They already report the intrusion of both noise and dust emanating from current quarrying operations, which are considerably further away from the village than the proposed extended site. The community is not convinced that the visual impact of the proposed operations will be as minimal as Tarmac suggests. The proposed hours of operation (0700-1900 daily) are unreasonable and unacceptable. The Parish Council would wish to see hours of operation restricted to 0800-1630 Monday to Friday, with no working at all taking place on weekends.

54. Residents believe the timescales referred to in the application are couched in misleading terms and fear that quarrying operations could continue for as long as 6 years, followed possibly by a further 2 years of restoration. Furthermore, Tarmac Ltd give numerous undertakings with regard to minimising and rectifying the environmental impact of the proposal. The Parish Council would wish to be able to monitor progress with regard to these undertakings and suggests that quarterly written progress reports are submitted. The Parish Council also seeks an explanation as to why this application has been submitted at this particular time, the need for further sand and gravel extraction apparently not having been recognised during the many previous years of quarrying operations in the vicinity.

Newbold Verdon Parish Council

55. Raises no objection to the proposals.

Peckleton Parish Council

56. Objects to the proposals on the following grounds: The application includes an area of land that is outside the Minerals Local Plan; the proposal is a further intrusion into the countryside and will ruin farmland that is assessed as being of the best and most versatile quality; access to the site across the busy Brascote Lane will create a serious traffic hazard and possible congestion of traffic to the detriment of licensed road users; the site will be highly visible and will be an attraction to youngsters, thus creating a high risk area, the continuation of gravel extraction will destabilise the existing water table; and the proposal will have an adverse impact in terms of noise and dust on residents in Newbold Verdon and Kirkby Mallory and will affect the value of their properties.

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Highway Authority

57. Raises no objections to the proposals, including the proposed dumper crossing point on Brascote Lane (Newbold Verdon) and the restoration proposals. The submitted details suggest that the proposal is unlikely to result in an increase in output or the number of HGVs entering or exiting the site from the present situation. However, the current proposal may exacerbate the existing detrimental impact of the HGVs on the currently poor road surface. The Highway Authority will be likely to require a financial contribution from the applicant in order to repair the existing damage on Brascote Lane (Cadeby) prior to the extension of the site.

Environment Agency

58. Has no objections in principle, but recommends that if planning permission is granted, conditions covering the prevention of spillages from fuel tanks and the submission of a scheme for the provision of surface water and groundwater drainage works be imposed. The Environmental Statement states that there are 11 abstraction licences within 4km of the site, one of which is held by Tarmac. Since the ES was compiled all licences within 4km of the proposal not held by Tarmac have been deregulated under the Water Resources Act 2003. Although these abstractions are no longer licensed, they retain a protected right and must be protected from derogation.

Defra Rural Development Service – National Land and Grazing Management Team

59. Raises no objections, but comments that the proposed use of certain upper subsoil resources associated with Best and Most Versatile agricultural land would not appear to represent the most sustainable use of such material. Recommends that the methods described in Defra’s Good Practice Guide for Handling Soils are adopted for soil handling operations on site.

Central Networks

60. Raises no objection, but advises that a number of high voltage overhead power lines and other equipment are present within the curtilage of the proposed works, which will pose safety issues; and requests a planning condition requiring the applicant to consult with Central Networks with regard to these overhead lines so that a safe way of working may be agreed that is acceptable to all parties.

National Grid Company

61. Raises no objection, but points out that the Willington to East Claydon 400,000 volt overhead power line crosses the application area. No drilling or excavation works should be undertaken that have the potential to disturb or adversely affect the foundations or pillars of support of any existing tower. Unrestricted vehicle access to all existing towers is required at all times.

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Leicestershire & Rutland Wildlife Trust

62. The site contains a meadow of known nature conservation importance, the future of which should be secured. The Wildlife Trust is very pleased to see significant areas of wet woodland included in the proposed restoration scheme and would recommend that these are allowed to develop through natural regeneration. The restoration plan indicates that the quarry would be restored to agriculture right up to the edge of the wet woodland. This could result in the woodland being affected by run-off and sprays, so the Wildlife Trust would urge that a buffer zone is left between the woodlands and the agricultural fields. This zone should be allowed to regenerate naturally into woodland. No topsoil should be used to assist the process. These measures have the potential to result in the creation of a substantial area of value to nature conservation.

English Nature

63. English Nature initially objected due to the fact that the bat survey submitted with the application was inconclusive and highlighted the need for a further survey to clarify the size and status of the Brascote House roost. Until this data is provided it is not possible to determine what effect the proposal will have on the conservation status of the bat population, and what mitigation and compensation will be required. Furthermore, a pond of limited suitability of Great Crested Newts was identified to the north of the Northern Working Area. The report does not state whether Great Crested Newts are present or absent. If they are present, then the mitigation proposed may be unsuitable, and a licence to disturb Great Crested Newts will be required. Further surveys of the presence of Barn Owls within the buildings to be demolished will be required to determine if the level of proposed mitigation is suitable. With regard to badgers, works that would affect the existing badger setts within the application area will require suitable mitigation and compensation.

64. Following the receipt of a detailed bat survey and further information from the applicant on the proposed mitigation measures for protected species, English Nature has withdrawn its initial objection and advises that if planning permission is granted, conditions should be added requiring the applicant to obtain a licence from Defra for bat works and requiring a scheme of suitable mitigation works to be undertaken.

English Heritage

65. Following concerns voiced by local residents about the impact which dewatering of the Western Working Area may have on the structural integrity of buildings in Cadeby, specifically the Church of All Saints, English Heritage was consulted. English Heritage makes general observations about dewatering, archaeology and landscape impacts. The Environmental Statement does not include any reference to the assessment of impacts of dewatering on the above ground historic built environment, the Listed buildings and the Conservation area of Cadeby, particularly in relation to the Grade II* Listed church of All Saints

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in Cadeby. These buildings are close to the radius of influence of dewatering and it will be important to understand the possible impacts of changes to the established hydrology, including shrinkage and foundation damage, upon the structural integrity of traditional building construction. Where any doubts arise as to any possible adverse impacts from dewatering, English Heritage recommends that early monitoring be put in place to establish the normal annual patterns and suitable monitoring and mitigation measures put in place.

66. With reference to archaeology, English Heritage advises that no scheduled ancient monuments are affected by the proposals and that it appears that the archaeological aspects of the proposal are being adequately addressed.

67. English Heritage also comments that there has been no specific assessment of the impact of the proposals upon the village of Cadeby as a whole settlement and conservation area within the context of the wider landscape, and voices concerns over the possible degradation of the wider setting of the Listed buildings and Conservation area, as for the duration of active working the wider landscape setting of the village would be altered to some extent from a wholly rural one. The contrast between land designated as parkland/area of particularly attractive countryside to the west of the A447 Hinckley Road and mineral extraction to the east of the A447 would become more stark with the present mixed farming landscape. Every effort should be made to ensure that there are no adverse physical impacts upon listed buildings from dewatering or any other ground disturbance and that the setting of the Conservation Area is taken into full account.

Leicestershire Footpaths Association

68. No objections. Notes that the present temporary footpath diversions are satisfactory and well maintained.

Government Office for the East Midlands

69. No comments received.

Representations from the Public

70. The application was advertised in September 2005 by a number of site notices and by individual letters to a number of nearby properties. In addition, a public notice appeared in the Hinckley Times on 15 September 2005. 44 representations from the public were received, of which 23 were sent by residents of Cadeby and 21 by residents of Newbold Verdon. The main concerns expressed were: noise; dust; traffic; the potential effect of dewatering on the water table; visual impact; impact on wildlife and other environmental impact; and the structural safety of nearby buildings.

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Public Meetings

71. Two public meetings were held in Cadeby and Newbold Verdon on 23 and 26 January 2006. At the meetings members of the public had the opportunity to comment on the proposals. The main issues of concern to local residents at the meetings were noise, dust, visual impact, general safety of the site, and the effect that dewatering the quarry void may have on the structural integrity of the foundations of local buildings, in particular the Church of All Saints in Cadeby.

Further Consultations

72. Following the public meetings, further information was requested from the applicant company in respect of the use of straw bales for noise attenuation purposes in the Northern Working Area, the timing of extraction and restoration operations, the visual impacts of the development and the extent of the zone of dewatering. On receipt of the additional information further consultations were carried out with English Heritage, the Environment Agency, and the Environmental Health Officer of Hinckley & Bosworth Borough Council.

73. English Heritage confirm that the additional information addresses their initial concerns and recommend additional piezometers to be installed between All Saints’ Church in Cadeby and the edge of the mineral extraction area in the Western Working Area to monitor any effects that dewatering operations may have. The landscape concerns raised earlier have been addressed. Although the presence of a working quarry in close proximity to the church has the potential to compromise the broader setting of the conservation area to some degree, mitigation measures are available to reduce this to acceptable levels.

74. The Environment Agency is satisfied with the additional information provided by the applicant and recommends that additional planning conditions be included, covering the submission of a scheme of groundwater monitoring and mitigation measures, the installation of a geological barrier between the Western Working Area and the site of the former Cadeby Tip to prevent leachate from the landfill area contaminating the groundwater to be pumped from the working area.

75. The Environmental Health Officer at Hinckley & Bosworth Borough Council has no comments on the additional information.

Assessment of Proposal

76. While the current application focuses on the continuation and extension of sand and gravel extraction, its determination also offers an opportunity to review the existing planning permissions at Cadeby Quarry. As explained above, under the provisions of the Environment Act 1995 mineral planning permissions have to be reviewed after 15 years. A separate application for the review of planning conditions was submitted in December 2004, but it was agreed between the County Council and the applicant that the present planning application for the extension of the site would offer a suitable opportunity to also include a review of

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planning conditions. If planning permission is granted, conditions can be imposed on the existing operations which will preclude the need to determine the review submission. Refusal of planning permission would require the review submission to be determined.

Assessment of Proposal against the Criteria set out by Policy 17 of the Minerals Local Plan

77. Minerals Local Plan Policy 17 relates to sites for sand and gravel extraction which are not allocated in the Minerals Local Plan. The policy states that proposals for sand and gravel extraction outside the areas identified on the proposals map will not normally be permitted unless (a) the development comprises limited, small scale extensions to existing quarries, or (b) it can be demonstrated that demand cannot otherwise be reasonably met. Any proposals relating to unallocated sites are assessed in accordance with Minerals Local Plan policies 2 and 3, thus ensuring that operational and economic needs, the likely impact on the overall environment and the provisions of the Development Plan and any supplementary planning guidance are taken into consideration in the assessment.

78. The applicant advises that the extent of the Northern Working Area was defined by the limit of land in the applicant’s control and the known geology. Existing geological knowledge indicates that the quality of sand and gravel deteriorates to the east of the Northern Working Area, while overburden thickness increases to the north. The applicant confirms that no plans exist to extract mineral to the east or north of the Northern Working Area.

79. The Western Working Area was also defined by the extent of workable material. Previous exploration on the land to the south identified only a very thin sand deposit or clay bound sand and gravel, which is not considered to be workable.

80. The Brascote House Area comprises a limited and small scale extension by virtue of its size, and the fact that this area is the last remaining area within this part of the application site where mineral extraction has not already taken place.

81. The above information indicates that the proposed extension areas comprise small scale and limited extension areas to an existing site, and therefore fulfil the criteria set out in Minerals Local Plan Policy 17.

Prematurity

82. This proposal will have to be determined in advance of the emergence of the Minerals Development Framework (MDF) which will eventually replace the existing Minerals Local Plan. This has led to concerns about the prematurity of this application due to the fact that the proposed Northern and Western Extraction Areas, along with other areas, are also being promoted for inclusion in the MDF.

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83. Local authorities must determine planning applications in accordance with the statutory Development Plan, unless material considerations indicate otherwise. The emerging MDF is a material consideration but the starting point is the current adopted Minerals Local Plan which has policies against which this proposal can be judged as referred to above. Planning applications should continue to be considered in the light of current policies.

84. A refusal of planning permission on grounds of prematurity will not usually be justified. However, in some circumstances, it may be justifiable to refuse planning permission on grounds of prematurity where a Development Plan Document (DPD) is being prepared or is under review but has not yet been adopted. There are two factors that need to be taken in to account.

85. The first is to consider how significant the decision would be on the emerging DPD. The proposal would need to be so substantial that it would predetermine the scale, location or phasing of new development in the emerging DPD. In this case this would not appear to be the case given the context of the overall plan.

86. The second point is what weight should be given to the emerging DPD. The weight to be attached to such policies depends upon the stage of preparation, increasing as successive stages are reached. The Mineral Development Framework is almost at the “Preferred Options” stage where it is yet to receive formal endorsement for the next stage of consultation. There would then be a process of considering the responses to that consultation prior to the County Council preparing a formal “Submission” document for submission to the Secretary of State. That stage is unlikely to be reached before the Spring of 2007. Therefore, the current status of the DPD is that it has some limited weight and in these circumstances refusal on prematurity grounds would be difficult to justify.

Potential effect of the proposed development on the water table in the area

87. It is proposed to dewater all areas of mineral working to allow for the more efficient extraction of sand and gravel. The Northern Working Area and the Brascote House Area would be dewatered by pumping into the existing silt settlement lagoons. The Western Working Area would be dewatered by pumping into an existing tank, from where the water would, together with water used in the mineral processing operations, be pumped into the existing silt lagoons. Following silt settlement, water from the settlement lagoons can be used again for mineral processing or would be discharged off site at the consented discharge point in Kirby Brook.

88. A hydrogeological assessment has been carried out by specialist consultants on behalf of the applicant. The proposed extraction of sand and gravel has the potential to impact on groundwater flow and quality, surface water flow and quality, and water abstractions in the vicinity. The dewatering of the mineral extraction areas would cause a lowering in the natural groundwater levels around the site, which is referred to as “drawdown”. Excessive drawdown may cause the derogation of groundwater supplies in wells and boreholes and may result in the

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surface water in ponds and streams being lowered. The magnitude of drawdown would reduce with increasing distance from the mineral extraction area. The maximum extent of drawdown, i.e. the point at which the drawdown ceases to be noticeable, is known as the “radius of influence”.

89. The maximum extent and depth of drawdown has been calculated using worst- case conditions. The applicant advises that in the Northern Working Area the maximum depth of drawdown has been calculated as 6.5 metres, with a radius of influence under a worst-case scenario of 175 metres. In the Western Working Area, the maximum drawdown depth has been calculated as 5.4 metres with a maximum radius influence of 110 metres. The maximum drawdown in the Brascote House area has been calculated as 2.0 metres with a maximum zone of influence under worst-case conditions being 30 metres.

90. Data obtained from a number of piezometers installed in the wider area indicates that the height of the water table is subject to seasonal variations. The fluctuation has been measured as being in the range of 1-2 metres in the vicinity of the Northern Working Area, and approximately 0.25-0.9 metres in the vicinity of the Western Working Area.

91. Two piezometers adjacent to the Northern Working Area recorded a temporary drop in water levels of approximately 4 metres, which was associated with dewatering operations in the Brascote House area. Upon cessation of dewatering, ground water levels recovered to their previous levels. Calculations for another borehole situated approximately 100m north of the Western Working Area predict a drawdown in the region of 0.15m at this location, under worst-case conditions.

92. The Church of All Saints at Cadeby is located approximately 110m from the edge of the mineral extraction area in the Western Working Area. The buildings in Cadeby village which are closest to the working area stand at a distance of approximately 80 metres from the edge of the mineral extraction area.

93. Taking into account the findings of the hydrogeological assessment, it is therefore considered that the proposed operations would not result in unacceptable impacts in terms of dewatering. Given that the calculations represent the worst-case scenario, that any impact would be greatest at closest proximity to the workings, and the fact that seasonal variations are already occurring, the risk of structural damage to buildings in Cadeby and Newbold Verdon appears to be negligible.

94. A number of local residents expressed concerns about the impact which the dewatering may have on local vegetation, specifically a mature horse chestnut tree located in the Western Working Area close to the A447 Hinckley Road. As plant vegetation generally depends on precipitation rather than groundwater for its water supply, dewatering operations would not have any impact on vegetation. The horse chestnut tree is protected by a Tree Preservation Order, and other elements of operations on the site have the potential to affect it, e.g. root damage caused by soil and overburden removal in close proximity to the tree or by soil

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compaction as a result of heavy vehicles traversing the area. Should permission be granted, it would be subject to a planning condition requiring the protection of the tree in accordance with British Standard BS5837:2005 Guide for Trees in Relation to Construction . This would include setting up an exclusion zone around the tree, and other tree protection measures such as Harris fencing to be implemented before soil stripping operations in the Western Working Area commence.

Noise

95. Minerals Policy Statement 2 (MPS2) Controlling and Mitigating the Environmental Effects of Mineral Extraction in England states the principles to be followed in considering the environmental effects of mineral working. Annex 2 to MPS2 applies to the control of noise from surface mineral extraction in England. With regard to noise levels, MPS 2 recommends that planning conditions should be used to apply absolute controls on noise emissions, with limits normally being set at particular noise-sensitive properties. MPS2 states that subject to a maximum of 55 dB(A) LAeq, 1 hour (free field), mineral planning authorities should aim to establish a noise limit at the noise-sensitive property that does not exceed the background level by more than 10 dB(A).

96. Nevertheless it is recognised that this will in many circumstances be difficult to achieve without imposing unreasonable burdens on the mineral operator. In such cases, MPS2 advises that the limit set should be as near to that level as practicable during normal working hours (0700-1900) and should not exceed 55dB(A) L Aeq,1hour (free field).

97. All mineral operations will have some particularly noisy short-term activities that cannot meet the limits set for normal operations. Examples include soil-stripping, the construction and removal of baffle mounds, soil storage mounds and spoil heaps, construction of new permanent landforms and aspects of site road construction and maintenance. However, these activities can bring longer-term environmental benefits. MPS2 advises that increased temporary daytime noise limits of up to 70dB(A) L Aeq 1h (free field) for periods of up to 8 weeks in a year at specified noise-sensitive properties should be considered to facilitate essential site preparation and restoration work and construction of baffle mounds where it is clear that this will bring longer-term environmental benefits to the site or its environs. Where work is likely to take longer than 8 weeks, a lower limit over a longer period should be considered. In some wholly exceptional cases, where there is no viable alternative, a higher limit for a very limited period may be appropriate in order to attain the environmental benefits. Within this framework, the 70 dB(A) L Aeq 1h (free field) limit referred to above should be regarded as the normal maximum. Local authorities should look to operators to make every effort to deliver temporary works at a lower level of noise impact. Operators should seek ways of minimising noisier activities and the noise emissions from them when designing the layout and sequencing of temporary operations, and should liaise with local residents prior to such operations taking place.

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98. The Environmental Statement contains an assessment of existing ambient noise levels at a number of properties in the vicinity of the working, which would be the most noise-sensitive receptors. The likely noise levels at these properties resulting from the development were then calculated for normal operations as well as temporary operations such as soil stripping and restoration earthworks, which have the potential to give rise to higher noise levels. These calculations represent worst-case predictions and are reproduced in Table 2 below.

Table 2 – Measured and predicted noise levels Property closest working measured background noise predicted worst-case levels area levels (pre-development) 1 during working normal mineral temporary extraction operations 2 operations dB(A) L A90 dB(A) L Aeq 1h dB(A) L Aeq 1h dB(A) L Aeq 1h The Lodge Northern 36.8 50.6 52 64 Freshfields Western 44.9 50.9 54 69 Old Rectory Western 49.1 61.7 51 59 Highfields Western 45.7 52.8 53 67 Rock Cottage Western 45.5 55.9 53 65 Holly House Brascote 42.6 45.4 49 51 Farm House Area maximum noise levels recommended in MPS2 55 70

1 The background noise level, defined as the L A90 parameter, represents the noise level exceeded for 90% of a measurement period, or the 90 percentile level. This generally reflects the quieter noise level between noise events and generally ignores the effects of short-term higher noise level events. The L Aeq or A-weighted continuous noise level index, is used to average the noise energy over a period of intermittent noise levels. It is the level of steady sound or equivalent energy and is usually referred to as the ambient noise level. 2 Temporary operations include soil stripping and restoration earthworks.

99. The noise assessment concludes that with the exception of The Lodge, the proposed works would not exceed background noise levels by more than 10 dB(A). In the case of The Lodge, where the background noise levels may be exceeded by up to 16 dB(A) under worst-case conditions, the likely sources of noise in the vicinity of this property are extraction works in the Northern Working Area as well as dumper truck traffic on the internal haul road leading to the Brascote House Area. These operations are programmed to take place during limited times (three campaigns, each of five weeks duration, over the period of one year), and the predicted worst-case noise levels do not exceed the threshold of 55 dB(A) L Aeq, 1 hour as recommended in MPS2.

Dust

100. During excavation, the mineral is moist or wet. The applicant advises that based on current experience, mineral extraction operations itself would not generate dust. The main potential source for dust generation would be the stripping of soils and overburden, as well as vehicle traffic on unsurfaced roads,

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and wind blown dust from stockpiles and soil mounds. The applicant proposes to mitigate such impacts by seeding all soil storage mounds, spraying of sand stockpiles during dry and windy conditions; and dampening down haul roads with mobile water bowsers to control dust generation. If excessively dry and windy conditions occur during soil stripping operations, such operations would be suspended temporarily until a change in weather condition.

Hours of Operation

101. Concerns were raised by local residents over the proposed hours of operation. The applicant proposes to retain the already permitted hours of operation of 0700 to 1800 Mondays to Fridays and 0700 to 1400 on Saturdays. These hours of operation are in accordance with general practice in the minerals extraction industry, and it is not considered that operating the site during these hours would have an unacceptable adverse impact on the local amenity.

Traffic Levels

102. The proposal would result in a continuation of existing traffic levels (approximately 76 vehicle movements per day) over a period of approximately 4 years. As the proposed extension areas would be worked consecutively, the development would not result in an increase in sand and gravel production and sales over and above previous levels and a resulting intensification of site traffic.

103. A traffic count was undertaken at the junction of the A447 Hinckley Road and the B585 Bosworth Lane, approximately 800 metres north of the junction of the A447 Hinckley Road and Brascote Lane, in June 2004. The data from this count shows that during the period of 0700 to 1900 hours on a sample weekday a total of 9197 motor vehicles travelled along the A447, of which 463 were heavy goods vehicles (these figure include trips in both directions of travel). It is therefore considered that the A447 Hinckley Road is of sufficient capacity to be able to accommodate the 76 HGV movements per day generated by Cadeby Quarry.

104. The applicant proposes a temporary crossing point at Brascote Lane (Newbold Verdon) to allow vehicles to transport mineral from the Northern Working Area to the previously permitted areas. The proposed crossing of Brascote Lane (Newbold Verdon) would only be operational during three periods of approximately five weeks each. Should permission be granted it would be subject to planning conditions requiring the operator to maintain the crossing point in a clean and tidy state and to make good any damage to the roadway and verges caused as a result of the development. A similar crossing point is in operation at the company’s Mancetter quarry in Warwickshire. Details of the crossing point have been submitted to the Highway Authority, which does not have any objection to the proposed development.

Employment

105. The quarry currently employs 11 staff, the majority of whom live locally. The extension of the site would safeguard employment for existing site staff for the duration of the operation.

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Landscape

106. The Northern Working Area is only prominently visible from The Lodge. Views from the adjacent road and allotments, from the Windmill Inn pub north of the allotments, and from properties on the southern edge of Newbold Verdon are largely screened by hedgerows. As a result visual impacts would be partial and temporary. The proposed screening of the workings from The Lodge by means of hay bales is not a particularly attractive solution, but given its temporary nature it is considered to be acceptable, particularly bearing in mind the fact that the hay bales would also act as a noise baffle mound. There are also some visual impacts from operations in the Northern Working Area on footpath S23. In landscape there are some reservations over the proposed restoration of the Northern Working Area to a fishing lake and restoration to agriculture would be more acceptable in landscape terms. However, this would necessitate the import of fill material to the site to allow restoration to previous levels, which is not part of the proposals and would raise additional issues such as additional traffic generation.

107. Around the Western Working Area, views of the site from the village of Cadeby are screened by a dense mature tree belt to the eastern edge of Cadeby, except for limited views at the junction of Rectory Lane and Church Lane with the A447. From the A447 itself the site is largely screened by a good hedge, continuous except for field accesses. Hedges also screen the site from Brascote Lane (Cadeby). From the properties at Freshfields and Rock Cottage there are existing garden features and hedges which would filter views, although both are very close to the site. Highfields and Orchard Farm would have views over the site. Screen bunds would help to mitigate direct views of the workings, although bunds themselves would create visual impacts, which are acknowledged by the Landscape and Visual Impact Assessment. On balance, given the temporary nature of extraction operations in the Western Working Area, it is considered that these impacts would be acceptable.

108. The Brascote House area is not particularly visible except from Public Footpath S23, from where it is prominent. The Landscape and Visual Impact Assessment submitted with the application does not show Footpath S23 as being within the principal zone of visual influence for the Brascote House area or as a location of secondary views. Despite this omission, there are no landscape concerns over the working and restoration of the Brascote House area.

Ecology

109. There are a number of sites of known ecological significance in the vicinity of the application area. A plan showing the location of these sites has been forwarded to the applicant. In cases where affected sites cannot be retained, replacement habitat should be created as part of the restoration scheme. Following guidelines from English Nature, the replacement habitat should be far greater in extent than the original to allow for the time factor involved in the establishment of the original site. To this end, the applicant should ensure that the dimensions of the ecologically significant habitat to be lost due to the

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development are recorded before works begin. Also, not all the sites of interest would have automatically been recorded, so further sites may be present within the area.

110. A number of active badger setts have been recorded in the application area. Before any works begin, it will be necessary for the applicant to obtain a licence from English Nature. Mitigation for the protection of badgers and their setts will have to be in place. All setts will need to be re-assessed nearer to the commencement of works to ensure that the situation has not changed. Guidelines cited by English Nature regarding the proximity of machinery and works to a badger sett should be followed.

111. The creation of habitats listed in the Biodiversity Action Plan, including wet woodland, hedgerow, standard trees, water features, scrub and marsh is proposed for the restoration scheme. It is recommended that a management plan be devised and implemented by the applicant to ensure the maximisation of biodiversity potential of the site.

112. The derelict buildings in the Brascote House Area are a habitat suitable for bats. Following the submission of a bat survey report, it is further recommended that if planning permission is granted, a condition be attached stating that no works must be undertaken until a licence for bat works is obtained and mitigation works are in place. Bat boxes of various kinds to accommodate the different species should be used in the new buildings and an ecologist should be on site in an advisory capacity during the demolition works in the Brascote House area.

Public Rights of Way

113. Public Footpath S66 crosses the proposed Western Working Area. The applicant intends to request a temporary diversion of this footpath along the northern edge of the application site for the duration of the workings. The diverted route would be approximately 0.5km longer than the existing one and would lead around the edge of the extraction area in the Western Working Area. A temporary diversion would be acceptable from the highway point of view, subject to the diverted path being a minimum width of 2m and being provided with a stone surface to a specification to be approved by the County Council’s Southern Area Highways Manager. The temporary alternative route should be segregated from the working area by appropriate security fencing. The applicant should arrange for the temporary route to be clearly signed and maintained in a satisfactory condition for pedestrians to use at all times throughout the duration of the workings, and for vegetation encroaching onto the route to be cut back as required.

114. Any application for the temporary diversion of Footpath S66 should be submitted to the County Council at least two years before it is required, to allow sufficient time for the Diversion Order to be processed, particularly if it is opposed and has to be submitted to the Secretary of State for the Environment, Food and Rural Affairs for determination.

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115. Public Footpath S23 connects Brascote Lane (Newbold Verdon) with Kirkby Mallory village. The footpath would cross the proposed haul road from the Northern Working Area to the Brascote House Area. Mineral extraction in the Northern Working area is proposed to take place during three campaigns, each of a duration of five weeks. During these times there is potential for a conflict between vehicles on the haul route and users of the footpath. It is considered that due to the relatively short timescale involved and the fact that the footpath crosses the haul road (as opposed to running parallel with it), this adverse impact could be mitigated by the installation of signs warning vehicle drivers of pedestrians crossing the haul road, and alerting users of the footpath to traffic on the haul road. In the interest of the safety of users of the footpath, the operator would be required to install chicane barriers along the footpath on both approaches to the haul road, and to ensure that the surface of the footpath across the haul road is regularly maintained so that it is acceptable for pedestrians to use.

116. Bridleway S25, runs on Brascote Lane (Cadeby) from the property known as Freshfields eastwards past the site entrance and on to Manor Farm, but does not cross the application site. While there currently is potential for a conflict between users of the public right of way and vehicles accessing the quarry, the present arrangements have been in place for many years, and have in the past not been cause for concern. The levels of vehicle traffic on Brascote Lane (Cadeby) resulting from the proposed development would not be different from present, with no increase over and above present numbers. As the proposed development would represent a continuation of working at present levels for a period of up to 4 years, rather than an intensification, it is considered that Bridleway S25 would not be adversely affected. Other public rights of way in the vicinity of the site are not affected by the proposed development.

Archaeology

117. The archaeological assessment submitted with the application indicates the presence of significant archaeological remains in the Western Working Area, together with a potential for scattered archaeological remains in the Northern Working Area and the Brascote House Area. An appropriate level of investigation is proposed for each area to be undertaken prior to and/or during the extraction programme. In addition, Brascote House represents a building of uncertain historical and architectural significance; a building assessment and survey is recommended prior to its demolition.

118. The necessary programme of archaeological and building survey may be secured by means of planning conditions and should comprise post- determination exploratory trial trenching to clarify the extent and character of the buried archaeological remains, followed by the preparation of a suitable mitigation strategy for the Western Working Area. This would involve an appropriate scheme of archaeological investigation and recording of deposits affected or likely to be affected by the development. The scope and character of this recording would be determined by the results of the initial trial trenching and the impact of the approved scheme. For those areas where a geophysical

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survey has failed to identify significant coherent archaeological deposits (the Northern Working Area and Brascote House), a programme of archaeological attendance for inspection and recording (a watching brief) during soil stripping will be required.

119. The desk-based archaeological appraisal submitted with the application notes Brascote House as meriting additional study. It is recommended that an appraisal of the complex is completed in advance of demolition. This should include access to the interior of the buildings, followed by an appropriate programme of historic building survey.

120. The sand and gravel proposed to be extracted at the site are deposits from the Anglian glaciation (ca. 480,000-430,000 BC). Extraction would have a small but significant potential to reveal in-situ pre-Anglian deposits. The County Archaeologist therefore recommends that provision is made for intermittent archaeological attendance to inspect the sides and floors of the quarry pit.

Restoration and Aftercare

121. The applicant company proposes progressive restoration of the mineral extraction areas (as opposed to commencing the restoration of a working area only after mineral extraction has been completed). The benefit of progressive restoration is that the time between the completion of mineral extraction and the completion of restoration of a working area would be reduced.

122. The restoration of the Northern Working Area would commence after the completion of the first mineral extraction campaign, when overburden and soils would be placed in the worked out void. The operator expects that the restoration of the Northern Working Area would be substantially completed within 12 months of the commencement of operations in that area. The restoration proposals for the Northern Working Area include the creation of an area of open water suitable for amenity use, reed fringes where possible, marginal/wetland vegetation and scrub and woodland planting whilst maximising the wildlife potential of remaining agricultural areas. Part of the area would also be reinstated to agricultural land, all of which would be of the Best and Most Versatile quality.

123. In the Western Working Area, progressive restoration would commence approximately 8 months after the commencement of mineral extraction. Restoration works would involve the importation of approximately 98,000 m 3 of overburden from the Brascote House Area and are anticipated to be substantially completed approximately within 3 months of the completion of mineral extraction. The horseshoe-shaped extraction area would be restored to agricultural land of the Best and Most Versatile quality, at a level approximately 4m below existing ground levels, with slopes no steeper than 1 in 8 around the outer edge of the site and 1 in 3.5 leading up to the former Cadeby Tip area, where no mineral extraction would take place. The slopes leading up to the former tip area would be restored to woodland and scrub planting while the former tip area itself would be restored to agriculture. At the base of the wooded slope a drainage ditch would be installed, leading to a small ephemeral

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pond to be created at the southern end of the former extraction area. A number of species-rich hedgerows would be planted to compensate for those removed prior to mineral extraction operations.

124. The restoration of the Brascote House Area is also expected to be substantially completed within 2 months of completion of mineral extraction in that area. Much of the central part of the application site, including previously extracted areas, would be restored to agriculture with a number of hedgerows and small blocks of woodland. These habitats would be of value to bats, farmland birds and barn owls. Provision would be made for three barn owl boxes.

125. Sufficient time would have to be allowed after completion of mineral extraction in the Brascote House Area for the processing of the raised mineral. Once all material excavated from the Brascote House Area has been processed and sold, the processing plant and other structures on the site (such as the weighbridge, site offices and other buildings) would be dismantled and the processing plant site restored to a mixture of conservation grassland, rough grassland, scrub, woodland, reeds and marshy vegetation. The freshwater lagoon south of the processing plant would be retained as an area of open water, surrounded by tree planting and conservation grassland mix.

126. The silt lagoons in the eastern part of the site would be restored to a nature conservation afteruse. Footpath S23 would be reinstated along its original route in accordance with the existing diversion order. Around the perimeter of the lagoons, scrapes and pools would be dug out with an excavator. The central part of the lagoons would be allowed to regenerate naturally, developing initially into wet woodland with areas of reedbeds and marshy vegetation. Around the perimeter, the restored land would be planted with scrub, woodland and a conservation grassland mix.

127. The restoration proposals would enhance the ecological value and biodiversity of the area in accordance with relevant Development Plan policies covering ecology, nature conservation and the restoration and afteruse of mineral sites. The restoration proposals for this site are therefore considered acceptable.

128. It has to be noted that the timescales for the completion of site restoration are indicative, and it will not be possible for the operator to guarantee the completion of restoration by a certain date, because operations involving soil handling should only be carried out in favourable weather conditions (i.e. not during times of heavy rain) and at certain times of the year (only during the months of April to September inclusive). Should permission be granted for this development it would be subject to a number of conditions governing the stripping, handling and storage of soils in order to protect the soil resources on the site.

129. It is considered that a condition requiring the completion of site restoration no later than six years from the date of the permission would allow the operator sufficient time for mineral extraction and processing, followed by the removal of the site infrastructure and the completion of restoration, while at the same time restricting the duration of the impact of the development on the surrounding area.

DC®. BOARD 20/07/2006 31 2005/0893/04 - continued

Conclusions

130. The key Development Plan policy is Minerals Local Plan Policy 17. Whilst Cadeby Quarry is not allocated in the extant Minerals Local Plan, the proposed development comprises a limited and small-scale extension to an established site.

131. The potential environmental impacts generated by the proposal include noise, dust, vehicle traffic, visual impacts and temporary changes in the water table in the local area. These issues have been addressed in the Environmental Statement submitted with the application.

132. As far as environmental effects are concerned: the potential effect of the proposal on the water table in the area is predicted to be local and temporary. Under worst-case conditions, the fluctuations in water table caused by the drawdown effect would be of a magnitude that such fluctuations would not pose a risk to the structural integrity of buildings in Cadeby; noise levels generated by operations are predicted to remain below those advised by government, and maximum permitted noise levels which must not be exceeded would be set for the most sensitive receptors; dust generation can be controlled by a number of mitigation measures such as the dampening down of haul roads and material stockpiles and the grass seeding of permanent stockpiles; the proposed hours of operation are identical to those currently permitted and are in accordance with common practice at mineral extraction sites; traffic levels would remain constant – the development would not lead to an increase in daily vehicle movement because the extension areas would be worked successively; furthermore, the A447 Hincley Road is of sufficient capacity to accommodate present levels of traffic generated by the quarry; the operation of the proposed crossing point at Brascote Lane (Newbold Verdon) can be controlled by appropriate planning conditions; whilst there would be some landscape and visual impacts resulting from extraction operations, these would be temporary and can be mitigated by the construction of screen bunds; as there are a number of protected species on site, further surveys and, if necessary, mitigation measures are required by planning conditions; the Public Rights of Way crossing the site will need to be diverted for the duration of working; the temporary diversion would be approximately 0.5km longer than the existing footpath; historic environment : an appropriate scheme of archaeological investigation and recording can be required by planning condition to safeguard any archaeological remains potentially present.

133. On balance it is considered that the cumulative effect of the development would not be environmentally unacceptable because of the limited scale and duration of extraction operations and the fact that environmental impacts can be adequately mitigated. The proposed development therefore is in accordance with the Development Plan, and planning permission should be granted accordingly, subject to planning conditions controlling the adverse effects of the development.

DC®. BOARD 20/07/2006 32

2005/0893/04 - continued

Recommendation

134. That planning permission be granted for the continuation and extension of sand and gravel extraction at Cadeby Quarry, subject to the conditions set out in Appendix 1.

Policies and Proposals in the Development Plan Relevant to the Decision

Leicestershire, Leicester and Rutland Structure Plan 1996 – 2016 (adopted March 2005) Strategy Policy 8 – Development in the Countryside Environment Policy 1 – Historic Environment Environment Policy 3 – Biodiversity Enhancement Environment Policy 3A – Protection of Important Species and Habitats Resource Management Policy 7 – Land Release – Minerals Resource Management Policy 9 – Environmental Impact of Mineral Extraction and Waste Management Resource Management Policy 13 – Restoration Aftercare and Afteruse

Hinckley & Bosworth Local Plan (February 2001) Policies BE14, BE16, NE5, NE14

Leicestershire Minerals Local Plan Review 1995 Policy 2 – Assessment of Proposals for Mineral Extraction Policy 3 – Environmental Considerations Policy 5 – Planning Conditions for the Protection of the Environment Policy 12 – After Use Policy 14 – Lower Level Restoration Policy 17 – Sand and Gravel (Unallocated Sites)

Background Papers

Planning application and correspondence on Department of Community Services file no. 2005/0893/04.

Circulation Under Sensitive Issues Procedures

Mr I. D. Ould, CC Mrs. R. Camamile, CC

Officers to Contact

Mr. G. Urban (Tel. 0116 265 6756) E-Mail: [email protected] ______

DC®. BOARD 20/07/2006 33 APPENDIX

2005/0893/04 - continued

General Provisions

1 The development to which this permission relates shall commence no later than 3 years from the date of this permission.

2 Unless otherwise approved in writing by the Mineral Planning Authority, the mineral working operations hereby permitted shall have ceased, all plant, machinery, buildings and conveyors removed, and the whole of the site to which the permission relates restored to a condition suitable for an afteruse no later than six years from the date of this permission, in accordance with the submitted details shown on drawing nos. C180/21 (dated May 2005) and CD545-D3 (dated March 2006).

Scope of the Planning Permission

3 This permission shall only relate to the following development:

a) the continued extraction of sand and gravel from areas of the site where such operations have been permitted by planning permission 1988/0707/04; b) the extraction of sand and gravel from three areas identified in the planning application as the Northern Working Area, the Western Working Area and the Brascote House Area; c) the creation of a new silt lagoon; the temporary crossing of Brascote Lane (Newbold Verdon) by vehicles to transport unprocessed mineral from the Northern Working Area to the working area previously permitted under planning permission 1988/0707/04; d) the continued use of a ground conveyor to transport mineral from the currently permitted working area to the existing processing plant site; e) the transport of mineral by conveyor from the Western Working Area to the processing plant site; f) the processing of the mineral into saleable products using the existing processing plant; the continued use of Brascote Lane (Cadeby) to access the A447 Hinckley Road for the sales and distribution of the processed mineral; g) the restoration of land following mineral extraction; and h) the creation of a car park accessed from Brascote Lane (Newbold Verdon) in connection with the restoration proposals for the Northern Working Area.

Approved Details

4 Unless otherwise required by conditions attached to this planning permission, the development hereby permitted shall be carried out in accordance with the details contained in planning application reference 2005/0893/04 dated 4 August 2005, as amplified and amended by the details submitted with the letter from Tarmac Ltd. dated 11 April 2006.

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Display of Conditions

5 A copy of the planning application and this planning permission together with all documents hereby approved and any other documents subsequently approved in accordance with any condition of this permission shall be kept available for inspection on site during the prescribed working hours.

Phasing of Operations

6 The extraction of sand and gravel from the Northern Working Area, the Western Working Area and the Brascote House Area hereby permitted shall only be carried out as an extension to the existing mineral working operations at the site such that it follows on after the completion of sand and gravel extraction at that site as previously permitted under planning permission reference 1988/0707/04.

7 Written notification of the dates of commencement of soil stripping and mineral extraction operations in the Northern Working Area, Western Working Area and Brascote House Area shall be sent to the Director of Community Services at least 7 days prior to the commencement of such operations.

8 Unless otherwise agreed in writing by the Mineral Planning Authority, the phasing of soil stripping, overburden stripping, mineral extraction and progressive restoration operations in the Northern Working Area, the Western Working Area and the Brascote House Area shall be carried out in general accordance with the details submitted in the planning application, as amplified and amended by the letter from Tarmac Ltd. dated 11 April 2006.

9 No mineral extraction shall take place in the Northern Working Area until all mineral extraction in the area previously permitted under planning permission reference 1988/0707/04 has been completed. No mineral extraction operations shall take place in the Western Working Area until all mineral extraction operations in the Northern Working Area have been completed. No mineral extraction operations shall take place in the Brascote House Area until all mineral extraction operations in the Western Working Area have been completed.

10 Unless otherwise agreed in writing by the Mineral Planning Authority, all topsoil stripping, overburden stripping and mineral extraction operations and the replacement of overburden and soils in the Northern Working Area shall be completed no later than 12 months after the date of commencement of soil stripping operations as notified to the Director of Community Services in accordance with condition 7 above.

11 Unless otherwise agreed in writing by the Mineral Planning Authority, all topsoil stripping, overburden stripping, mineral extraction and restoration operations in the Western Working Area shall be completed no later than 30 months after the date of commencement of soil stripping operations as notified to the Director of Community Services in accordance with condition 7 above.

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2005/0893/04 – continued

Restriction of Permitted Development Rights

12 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended),

a) No fixed plant or machinery, buildings, structures and erections shall be erected, extended, installed or replaced at the site without the prior approval in writing of the Director of Community Services; and b) No lights shall be installed or erected at the site unless details of them have been submitted to and agreed in writing by the Director of Community Services.

13 Unless otherwise approved in writing by the Mineral Planning Authority, no extraction of minerals shall be carried out below the base of the sand and gravel deposit contained within the site, as identified on drawings C180/17, C180/18 and C180/19 submitted with the application, and no mineral except sand and gravel shall be removed from the site.

14 Unless otherwise approved in writing by the Mineral Planning Authority, no mineral, soil, overburden or waste material shall be brought onto the site and no soil or overburden shall be exported from the site.

Hours of Operation

15 Except in the case of emergencies to maintain site safety, and for essential dewatering, and for the essential maintenance and repair of plant and machinery, no operations shall be carried out on the site outside the hours of 0700 and 1800 Monday to Friday and 0700 to 1400 on Saturday or at any time on Sundays, Bank Holidays and Public Holidays.

16 Any emergency operations which need to be carried out outside the specified hours shall be notified to the Director of Community Services within 72 hours of the occurrence, together with details of the reasons why operations were necessary.

Access and Highways

17 Subject to the provisions of condition 21 below, the existing site access on Brascote Lane (Cadeby) shall be the only access point to and from the public highway.

18 All vehicles exporting mineral from the site shall be sheeted.

19 Measures shall be taken to ensure that no mud and other debris is deposited on the public highway by vehicles leaving the site.

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Brascote Lane Crossing

20 The temporary crossing point at Brascote Lane (Newbold Verdon) shall be constructed in accordance with the details submitted in the planning application and shall remain available for use as and when required, until such a time as soil stripping, mineral extraction and restoration operations in the Northern Working Area have been completed to the satisfaction of the Director of Community Services.

21 The temporary road crossing point on Brascote Lane (Newbold Verdon) shall only be used for the purpose of accessing the Northern Working Area from other parts of the site, and shall be the only access to the Northern Working Area.

22 Measures shall be taken to ensure that the crossing is kept clean of mud and other debris at all times.

23 Within 3 months of the completion of restoration works in the Northern Working Area, the temporary crossing point shall be removed and any damage to the public highway made good. Any hedgerows affected by the installation of the crossing point shall be replaced to the satisfaction of the Director of Community Services in the next available planting season.

Public Rights of Way

24 Prior to the commencement of mineral extraction in the Northern Working Area, barriers and warning signs, the details of which shall be submitted to, and approved by, the Director of Community Services, shall be erected (and thereafter maintained) at the point where Public Footpath S23 crosses the internal haul road. Such signs shall draw the attention of heavy plant drivers to the Public Footpath, and footpath users to the presence of heavy plant.

25 The surface of Public Footpath S23 at the point where it crosses the haul road shall at all times be maintained in a condition which is acceptable for pedestrians to use.

Soil Stripping, Handling and Storage

26 Before any part of the site is excavated or traversed by heavy vehicles or machinery (except for the purpose of stripping that part or stacking topsoil on that part), or is used for the storage of subsoil or overburden or for the construction of a road, all available topsoil shall first be stripped from that part.

27 All available subsoil shall be stripped from all areas to be excavated, all areas used for roadways, all areas to be used for the storage of overburden and all areas to be traversed by heavy vehicles and machinery not otherwise specified.

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28 All topsoil and subsoil shall be permanently retained on site and stored in mounds and used in the restoration of the site. All soil mounds shall be constructed in accordance with the details submitted with the planning application, seeded at the first available opportunity and thereafter maintained in weed-free condition.

29 No topsoil, subsoil or overburden shall be exported from the application site.

30 No movement of topsoil shall take place except when the full depth of topsoil to be stripped or otherwise transported is in a suitably dry soil moisture condition, i.e. the soil is in a non-plastic state such that damage to its structure shall be avoided. Conditions shall be sufficiently dry for the topsoil to be separated from the subsoil without difficulty. Soil handling and movement shall not be carried out between the months of October to March inclusive, unless otherwise agreed in writing by the Director of Community Services.

Transportation of Mineral

31 Subject to the provisions of condition 32 below, unless otherwise approved in writing by the Director of Community Services, sand and gravel extracted from the site shall only be transported from the extraction areas to the existing processing plant by means of an overland conveyor.

32 In accordance with the details contained in planning application reference 2005/0893/04 dated 4 August 2005, sand and gravel extracted from the Northern Working Area shall be transferred from the Northern Working Area by means of dump trucks and stockpiled in the Brascote House area for onward transport to the processing plant by means of the existing ground conveyor.

33 Unless previously approved in writing by the Director of Community Services, no topsoil, subsoil or overburden shall be transferred from the Northern Working Area to other parts of the site.

Ecology/Protected Species

34 No soil stripping, overburden extraction or mineral extraction shall take place in the Northern Working Area, Western Working Area or the Brascote House Area unless all known badger setts on the site have been re-surveyed by a suitably qualified person. In the event that operations on the site affect a badger sett, any such operations shall cease temporarily until a badger protection strategy has been submitted to the Director of Community Services for approval and thereafter implemented as approved. The badger protection strategy shall be informed by the findings of the badger survey.

35 No development hereby permitted shall commence in the Brascote House area until any trees, hedges and buildings affected by the development have been checked for the presence of bats, nesting birds and other protected species. Any bats found on the site shall be relocated by a suitably licensed person before development commences. No hedges or trees in which bats, nesting birds or other protected species are present shall be removed.

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36 All trees, shrubs and hedges planted or retained within or along the boundary of the site shall be protected and maintained throughout the duration of the mineral working and restoration operations hereby permitted. Such maintenance shall include the replacement of any plant that may die or be seriously damaged or become seriously diseased, to the satisfaction of the Director of Community Services.

37 The Horse Chestnut Tree which is the subject of the Borough Council of Hinckley & Bosworth (Land at the junction of Brascote Lane and Ashby Road, Cadeby) Tree Preservation Order 2005 shall be protected from damage during any operations in the Western Working Area, in accordance with details to be agreed in writing with the Director of Community Services. Such details shall be in accordance with British Standard BS5837:2005 Guide for Trees in Relation to Construction and shall be submitted to the Director of Community Services within 12 months from the date of this permission. No development (including soil stripping or other preparatory development) shall take place in the Western Working Area until the approved tree protection measures have been implemented. Any tree protection measures shall remain in place for the entire duration of operations, including final restoration, in the Western Working Area.

Environmental Protection

38 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessel overflow pipe outlets shall be detailed to discharge downwards into the bund.

39 No soil stripping, overburden removal or mineral extraction operations shall be carried out in the Western Working Area until a scheme for the monitoring of local groundwater has been submitted to and approved in writing by the Director of Community Services. Such a scheme shall include details of the number, location, depth and construction of the groundwater monitoring piezometers to be used in the scheme, together with the proposed frequency of monitoring and trigger levels at which mitigation measures are to be taken. The scheme shall be implemented in accordance with the approved details.

40 No mineral extraction shall take place in the Western Working Area until a detailed scheme of groundwater mitigation measures has been submitted to and approved in writing by the Director of Community Services. Such a scheme shall come into effect when groundwater levels reach the trigger level specified in the monitoring scheme prepared in respect of condition 39 above. The scheme shall be implemented in accordance with the approved details.

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41 A cut-off wall (geological barrier), details of which shall be submitted for approval to the Director of Community Services within 6 months of the date of this permission, shall be installed in the Western Working Area around the perimeter of the former Cadeby Tip before mineral extraction in the Western Working Area commences. Details of the cut-off wall shall be submitted to the Director of Community Services for approval prior to its construction.

42 The development hereby permitted shall be carried out in such a manner as to ensure that operations do not give rise to environmental disturbance by reason of noise, dust, illumination, vibration or any other cause, all to the satisfaction of the Director of Community Services.

43 Measures shall be taken, as may be agreed by the Director of Community Services, to ensure that the operations do not give rise to any pollution or flooding; such measures shall include:

a) ensurance that no interruption is caused to the surface water drainage system of the surrounding land and that riparian owners upstream and downstream are not adversely affected; b) the diversion of any existing watercourse or creation of any new watercourse shall only be carried out in accordance with details that have previously been submitted to and agreed in writing by the Director of Community Services; and c) controls over the rate of discharge of surface water from the site, particularly from overburden and soil storage mounds.

Site Maintenance

44 All undisturbed areas of the site and all soil and overburden mounds shall be kept free from excessive plant growth and a regime of cutting, grazing and weed pulling or spraying shall be adopted as necessary.

Dust

45 All operations shall be carried out in a manner which minimises the emission of dust from the site. All haul roads and vehicle movement areas shall be compacted. All haul roads, vehicle movement areas and dry exposed material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne.

46 At such times as operations on site give rise, in the opinion of the Director of Community Services, to unacceptable levels of dust leaving the site, such as during adverse conditions due to strong winds combined with dry weather, such operations shall be temporarily suspended until such time as the operations can be resumed without causing such nuisance, either by a change in working, weather conditions or by taking other additional measures.

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Noise

47 All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturers’ specifications at all times, and shall be fitted with and use effective silencers. Any breakdown or malfunction of silencing equipment shall be treated as an emergency and shall be dealt with immediately. Where a repair cannot be effected within a reasonable period, the equipment affected shall be taken out of service and replaced with equipment which functions to an equivalent standard.

48 Any audible warning devices fitted to mobile plant, vehicles and fixed plant and machinery, whilst affording the required safety, shall be designed and operated so as to minimise disturbance to nearby residents.

49 No soil stripping operations shall commence in the Northern Working Area until noise monitoring measures have been implemented in accordance with a scheme approved by the Director of Community Services. Such scheme shall include:

(a) noise monitoring locations; (b) frequency of measurements; (c) presentation of results; (d) modelling procedures; (e) procedures to be adopted if the noise from operations exceeds the limits set by conditions 50 and 51 below.

50 Except for operations defined in condition 51 below, the free-field Equivalent Continuous Noise Level (LAeq, 1 hour) from operations within the site shall not exceed the following levels:

at The Lodge, Brascote Lane, Newbold Verdon 52 dB(A) L Aeq, 1 hour at Freshfields, Brascote Lane, Cadeby 54 dB(A) L Aeq, 1 hour at The Old Rectory, Cadeby 51 dB(A) L Aeq, 1 hour at Highfields, Hinckley Road, Cadeby 53 dB(A) L Aeq, 1 hour at Rock Cottage, Brascote Lane, Cadeby 53 dB(A) L Aeq, 1 hour at Holly House Farm 49 dB(A) L Aeq, 1 hour

51 Noise levels arising from soil stripping, overburden removal, construction of soil mounds and restoration activities shall be minimised as far as is reasonably practicable, shall be limited to a maximum of 8 weeks in any 12 month period and in any case shall not exceed the following levels:

at The Lodge, Brascote Lane, Newbold Verdon 64 dB(A) L Aeq, 1 hour at Freshfields, Brascote Lane, Cadeby 69 dB(A) L Aeq, 1 hour at The Old Rectory, Cadeby 59 dB(A) L Aeq, 1 hour at Highfields, Hinckley Road, Cadeby 67 dB(A) L Aeq, 1 hour at Rock Cottage, Brascote Lane, Cadeby 65 dB(A) L Aeq, 1 hour at Holly House Farm 51 dB(A) L Aeq, 1 hour

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52 In the event that noise levels exceed the levels set in condition nos. 50 and 51 above, appropriate remedial measures shall be submitted to the Director of Community Services and undertaken in accordance with a programme previously agreed by the Director of Community Services.

Archaeology

53 No development hereby permitted shall take place within the Northern Working Area, the Western Working Area or the Brascote House Area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Director of Community Services.

54 Access shall be afforded at all reasonable times, and with prior notice having been given, to any persons nominated by the Director of Community Services for the purpose of observing soil stripping operations and recording any features of remains of archaeological interest that may be revealed.

Site Restoration, Planting and Aftercare

55 Within 12 months from the date of this permission, a 5-year programme of aftercare covering the entire application site shall be submitted for the written approval by the Director of Community Services. Such scheme shall include details of cultivation of soils following their placement; grass seed mixtures; hedgerow, tree and scrub species; weed control; drainage provision, fencing or ditching; soil analysis; fertiliser and management control of the land.

56 Within 15 months from the date of this permission, a biodiversity management plan shall be submitted for the written approval of the Director of Community Services. The management plan shall contain details of the management of areas of biodiversity potential and shall be implemented during the period of site restoration and aftercare.

57 Following the completion of restoration, each part of the site shall be maintained for a period of 5 years in accordance with the approved aftercare programme as required by condition 55 above.

58 When restoring the land in any part of the site to be restored to agriculture, measures shall be taken to ensure that the uppermost 0.9m shall comprise only of soil and shall be free from large stones or other materials likely to interfere with agricultural cultivation.

59 No layer of replaced subsoil shall exceed 450mm before it is subsoiled (rooted).

60 Prior to the spreading of topsoil, any subsoil shall be ripped with a heavy wing- tined implement and all stones and other deleterious material shall be removed.

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61 Following the placing and treating of subsoil in a part of the application site which is undergoing restoration, all available topsoil shall be respread evenly across the site. The topsoil shall then be subsoiled (rooted) and cultivated so that there is no sterile material injurious to plant life, rocks and stones greater than 150mm in diameter to give an even gradient over the surface free from ponding.

Reasons

1. In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended).

2. For the avoidance of doubt, to ensure the development is carried out in a satisfactory manner, and to provide for the restoration of the site within an agreed timescale. (Leicestershire Minerals Local Plan Policy 11)

3. For the avoidance of doubt, and to ensure that the development is carried out in a satisfactory manner. (Leicestershire Minerals Local Plan Policies 5, 13 and 20)

4. For the avoidance of doubt and to ensure that the development is carried out in a satisfactory manner in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policies 1 and 5)

5. For the avoidance of doubt and to ensure that the development is carried out in accordance with the permission and in a satisfactory manner in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policies 1 and 5)

6. To ensure development is carried out in accordance with the approved scheme and in a satisfactory manner in the interests of the amenities of the area, and to enable the mineral planning authority to monitor the development. (Leicestershire Minerals Local Plan Policy 5)

7. To ensure the Mineral Planning Authority is given the opportunity to check that soil operations do not occur under unsuitable conditions, and to provide sufficient notice for site inspection. (Leicestershire Minerals Local Plan Policy 5)

8. For the avoidance of doubt and to ensure that the development is carried out in a satisfactory manner in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policies 1 and 5)

9. For the avoidance of doubt, to ensure that the development is carried out in a satisfactory manner, and to provide for the completion and progressive restoration of the site in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policy 11)

10. For the avoidance of doubt, to ensure that the development is carried out in a satisfactory manner, and to provide for the completion and progressive restoration of the site in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policy 11)

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11. For the avoidance of doubt, to ensure that the development is carried out in a satisfactory manner, and to provide for the completion and progressive restoration of the site in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policy 11)

12. To retain control of these matters which may have an effect on the amenities of the area. (Leicestershire Minerals Local Plan Policy 5)

13. For the avoidance of doubt and to ensure that the development is carried out in a satisfactory manner in the interests of amenities in the area. (Leicestershire Minerals Local Plan Policies 1 and 5)

14. To prevent loss or damage of soil, or mixing of topsoil with subsoil, or subsoil with overburden, or mixing dissimilar soil types. (Leicestershire Minerals Local Plan Policies 5 and 11)

15. In the interests of local amenity. (Leicestershire Minerals Local Plan Policy 5)

16. In the interests of local amenity; and pursuant to Leicestershire Minerals Local Plan Policy 5.

17. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

18. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

19. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

20. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

21. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

22. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

23. In the interests of highway safety. (Leicestershire Minerals Local Plan Policy 5)

24. In the interests of footpath safety and the amenities of the area. (Leicestershire Minerals Local Plan Policy 5)

25. In the interests of footpath safety and the amenities of the area. (Leicestershire Minerals Local Plan Policy 5)

26. To minimise structural damage and compaction to the soil and to aid the final restoration of the site. (Leicestershire Minerals Local Plan Policy 11)

27. To minimise structural damage and compaction to the soil and to aid the final restoration of the site. (Leicestershire Minerals Local Plan Policy 11)

28. To monitor soil resources and to aid the final restoration of the site. (Leicestershire Minerals Local Plan Policy 11)

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29. To protect the amenities of the area. (Leicestershire Minerals Local Plan Policy 11)

30. To avoid damage to the soils caused by their movement when wet. (Leicestershire Minerals Local Plan Policy 11)

31. To protect the amenities of the area. (Leicestershire Minerals Local Plan Policy 11)

32. To protect the amenities of the area. (Leicestershire Minerals Local Plan Policy 11)

33. To monitor soil resources and to aid the final restoration of the site. (Leicestershire Minerals Local Plan Policy 11)

34. To prevent any harm or disturbance being caused to badgers as a result of the development. (Leicestershire Structure Plan Environment Policy 3A)

35. In the interests of local amenity and to prevent any harm or disturbance being caused to protected species as a result of the development. Leicestershire Minerals Local Plan Policy 5)

36. In the interests of the visual amenity of the area. (Leicestershire Minerals Local Plan Policy 5)

37. To ensure that the proper steps are taken to safeguard a tree which is the subject of a Tree Preservation Order during the course of the development. (Leicestershire Minerals Local Plan Policy 5)

38. To prevent pollution of the water environment. (Leicestershire Minerals Local Plan Policy 5)

39. To monitor the natural groundwater regime so that a sustainable groundwater level can be specified as a trigger for the implementation of the proposed mitigation measures, in order to protect controlled waters and surrounding properties. (Leicestershire Minerals Local Plan Policy 5)

40. To maintain water levels in controlled waters. (Leicestershire Minerals Local Plan Policy 5)

41. To prevent during dewatering the leaching through of contaminants from the former Cadeby Tip into the pumped quarry water in the Western Working Area. (Leicestershire Minerals Local Plan Policy 5)

42. In the interests of local amenity. (Leicestershire Minerals Local Plan Policy 5)

43. To maintain water levels in controlled waters and prevent pollution and flooding. (Leicestershire Minerals Local Plan Policy 5)

44. In the interests of local amenity. (Leicestershire Minerals Local Plan Policy 5)

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45. To protect the amenities of the locality from the effects of dust arising from the development. (Leicestershire Minerals Local Plan Policy 5)

46. To protect the amenities of the locality from the effects of dust arising from the development. (Leicestershire Minerals Local Plan Policy 5)

47. To ensure minimum disturbance from operations and avoidance of nuisance to the local community. (Leicestershire Minerals Local Plan Policy 5)

48. To minimise the adverse impact of noise generated by the operations on local residents. Leicestershire Minerals Local Plan Policy 5)

49. To enable the effects of the development to be adequately monitored during the course of the operations. (Leicestershire Minerals Local Plan Policy 5)

50. To minimise the adverse impact of noise generated by the operations on local residents. (Leicestershire Minerals Local Plan Policy 5)

51. To minimise the adverse impact of noise generated by the operations on local residents. (Leicestershire Minerals Local Plan Policy 5).

52. To minimise the adverse impact of noise generated by the operations on local residents. (Leicestershire Minerals Local Plan Policy 5).

53. To ensure satisfactory archaeological investigation and recording. (Leicestershire Structure Plan Environment Policy 2 and Leicestershire Minerals Local Plan Policy 5)

54. In the interests of the archaeology of the site. (Hinckley & Bosworth Local Plan Policy BE14)

55. To ensure satisfactory restoration of the site to a condition suitable for a continuation of agricultural, woodland and grassland uses. (Leicestershire Minerals Local Plan Policy 11)

56. To ensure that the habitats created during the restoration of the site are in accordance with the Biodiversity Action plan. (Leicestershire Minerals Local Plan Policy 11)

57. To ensure that the reclaimed land is correctly husbanded and to bring the land to the standard required for the intended afteruse. (Leicestershire Minerals Local Plan Policies 11 and 12)

58. To ensure satisfactory restoration of the site to a condition suitable for a continuation of both agricultural and woodland uses. (Leicestershire Minerals Local Plan Policy 11)

59. To ensure satisfactory restoration of the site to a condition suitable for a continuation of agricultural, woodland and grassland uses (Leicestershire Minerals Local Plan Policy 11)

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60. To ensure satisfactory restoration of the site to a condition suitable for a continuation of agricultural, woodland and grassland uses. (Leicestershire Minerals Local Plan Policy 11)

61. To ensure satisfactory restoration of the site to a condition suitable for a continuation of agricultural and woodland uses. (Leicestershire Minerals Local Plan Policy 11)

INFORMATIVES:

Monitoring of ground water levels in the vicinity of the Western Working Area – In order to comply with Condition 40 the Environment Agency recommends that monthly groundwater monitoring continues to be undertaken for at least one year prior to the dewatering of the Western Working Area.

Landfill Gas – The Environmental Health Officer at Hinckley & Bosworth Borough Council should be contacted regarding the monitoring of landfill gas within the former Cadeby Tip.

Water Discharge Consent – The applicant is advised to contact Alan Roe (Team Leader, Regulatory Water Quality – Lower Trent Area) at the Environment Agency regarding the requirements of the existing discharge consent for the site (ref. T/50/45625/T), which may require a variation due to water quality, rates and volumes of discharge as a result of the development.

Overhead Power Lines – A number of high voltage overhead power lines and other equipment are present within the curtilage of the proposed works, which will pose safety issues. The applicant should consult with Central Networks with regard to these overhead lines so that a safe way of working may be agreed that is acceptable to all parties.

Noise – Every effort should be taken by the operator to ensure that operations on the site are carried out in a way to minimise noise generation, including noise generated by vehicle traffic on the internal haul road between the Brascote House Area and the Northern Working Area.

Public Rights of Way – Two public rights of way crossing the application site will have to be diverted before the commencement of operations affecting them. The applicant is advised to contact the Rights of Way Officer, Western Area (tel. 0116 265 7084) as soon as possible to discuss the specific requirements for the diversions:

• A minimum width of 2 metres should be cleared on the ground for the purpose of accommodating the temporary alternative route, and this area being provided with a stone surface to a specification approved by the County Council’s Southern Area Highways Manager. • The temporary alternative route being segregated from the working area by appropriate security fencing, in the interests of the safety of pedestrians using the route.

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• The Company arranging for the temporary alternative route to be clearly signed, and its surface maintained in a satisfactory condition for pedestrians to use at all times throughout the duration of the workings. • The Company ensuring that any vegetation which encroaches on to the temporary alternative route and restricts the width available to pedestrians, is cut back as required.

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children’s Services and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995.

You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPLUSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Regional Spatial Strategy, Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

DC®. BOARD 20/07/2006