16 February 1998 Agenda Item Pl3 Planning Sub-Committee

Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL3

PLANNING SUB-COMMITTEE - 5 JANUARY 1998 MINUTES of the meeting commencing at 2.00 pm and finishing at 3.40 pm

Present:

Voting Members:

Councillors Nils R. Bartleet, Brenda Churchill, A.D. Crabbe, Mrs C. Fulljames, Dave Green, Steve Hayward, MacKenzie, Anne Purse, G.A. Reynolds, Don Seale, Sylvia Tompkins and Harry Wyatt.

Ex Officio:

Councillors Neville F. Harris (in place of Councillor Bob Langridge) and Brian L. Hook (in place of Councillor C.H. Shouler).

Officers:

Whole of meeting: R. Hanson and G. Warrington (Chief Executive's Office); C. Cousins, J. Duncalfe, A. Ford and J. Griffin (Department of Environmental Services).

By Invitation:

Councillor Anda Fitzgerald-O'Connor (Item 7)

The Sub-Committee considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, together with a Schedule of Addenda tabled by the Chief Executive. Copies of the agenda, reports and schedule of addenda are attached to the signed Minutes, and in relation thereto the Sub-Committee determined as follows:-

71/97 ELECTION TO CHAIR

RESOLVED:that Councillor Reynolds (Conservative) be elected to chair the meeting.

72/97 APOLOGIES FOR ABSENCE AND TEMPORARY APPOINTMENTS

Apologies for absence and Group Leader substitutions were reported as follows:

Apology from Substitute

Councillor Langridge Councillor Harris Councillor Shouler Councillor Hook

73/97 MINUTES

The Minutes of the meeting of the Sub-Committee held on 17 November 1997 were approved and signed.

74/97 MATTERS ARISING FROM THE MINUTES

Minutes 69/97 - Extraction of Stone at Woodeaton Quarry

The Sub-Committee were advised that the applicants had agreed a further extension of time to allow report to the February meeting.

Page 1 75/97 PETITIONS AND PUBLIC ADDRESS

The following requests to address the meeting had been agreed:-

Request from Agenda Item Col A. Bateman Representing Baulking Parish Meeting and Uffington Parish Council 7 - Extraction of Fuller's Earth at Moor Mill Farm, Uffington Mr Ross Hughes Managing Director " " Laporte Absorbents Ltd

76/97 COUNTY COUNCIL PLANNING APPLICATIONS (Agenda Item 6)

The Sub-Committee considered the following current applications for County Council Development:

Application No. C.29/97 (detailed). Construction of extensions to Secure Unit, including security fencing, recreation areas, car park and landscaping, Thornbury House, The Moors, Kidlington. Application No. S.27/97 (detailed) . Erection of two prefabricated double classroom buildings for a temporary period of 5 years, Didcot Girls School, Sherwood Road, Didcot. Application No. W.11/97 (detailed). Construction of footbridge across River Windrush 200 metres north west of Newbridge, Standlake.

With regard to Application C.29/97 (Thornbury House) Mr Griffin reported that the Kidlington Village Residents Committee had written objecting to the proposals and expressing particular concern that the residents of Homewell House had not been served notice of the proposal individually and therefore denied their individual right of reply. He advised that a general consultation had been undertaken with residents at the suggestion and with the full support of the Warden of Homewell House.

RESOLVED: that:

(a) (on a motion by Councillor MacKenzie seconded by Councillor Bartleet, amended at the suggestion of Councillor Wyatt with their and the Sub-Committee's consent and carried nem con) Application No. C.29/97 (Thornbury House) be approved as recommended in the schedule appended to PL6 subject to an additional condition restricting the hours of lighting on the external activity area to 8.30 pm 7 days a week; and

(b) the remaining applications be approved as recommended in the schedule appended to PL6, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

77/97 EXTRACTION OF FULLER'S EARTH AT MOOR MILL FARM, UFFINGTON (APPLICATION NO UFF/14511-CM) (Agenda Item 7)

The Sub-Committee considered a report (PL7) which described an application for the extraction of 250,000 tonnes of fullers earth at Moor Mill Farm.

Col. Bateman addressed the Sub-Committee on behalf of the residents of Baulking, Uffington and Woolstone the vast majority of whom opposed the proposal. The Baulking Plant had been in operation for 20 years and would with this application be extended by a further 7.5 years. He questioned the strategic need for the material and referred to the unacceptable traffic hazards if material was moved entirely by road in a rural area on a dangerous, narrow and winding country road. Although still requiring the use of some highway a haul route alongside the railway line to the south between Station Bridge and Baulking Bridge was more acceptable. Overall, local people

Page 2 would prefer to see material moved entirely by conveyor. In the event that road haulage was permitted he urged that the Company should fund the following minimum road improvements:

- Effective wash downs of both ends, and sufficient travel distance for trucks to enter highway clean. - Elimination of the bottle neck on south side of new railway bridge. - Widen, straighten, strengthen and realign road to permit safe passing of HGVs throughout its length, making safe provision for cyclists, walkers and riders. - Rebuild and re-site Baulking Bridge to take passing HGVs, with safe sightlines. - The whole operation to be subject to 6 monthly review meetings with the highway authority to ensure that the process was regularly monitored.

Mr Hughes addressed the Sub-Committee. The Company considered that there was a national need for this scarce mineral. The Moor Mill Farm operation would produce 42,000 tonnes per annum for a period of 8 years taking the Baulking operation beyond 2000. The Company currently employed 30 people generating £2.2m pa into the local economy and £0.5m into the national tax exchequer. The Company was a responsible operator with sound environmental concerns. There would be progressive restoration to agriculture and eventually a public amenity. The distance from Moor Mill to the Plant was 2 miles which would be covered 11 times per day by a specially designed vehicle. The Company had considered 8 options for transporting the material and undertaken extensive consultation. Road haulage represented the best and most economically viable option for them and he urged the Sub-Committee to grant the application.

Councillor Mrs Fitzgerald-O'Connor speaking as local member also questioned the national need for this material. She strongly opposed any further extension to the current operation and expressed concern that as only 16 hectares of the 35 hectare Moor Mill site would be worked as part of this application there was potential for further applications. She suggested the best solution would be for the Secretary of State to determine the application.

Mr Cousins drew the Sub-Committee's attention to two amendments to the report. The first, a textual change to paragraph 25 where the words "Government Guidance and development plans context" should have appeared as a sub-heading. The second on page 10 referred to the consultation reply from the Department of Trade and Industry which should have appeared on page 11 under "Additional Representations". He confirmed that the County Council would have preferred material to be transported off road but it had been impractical to achieve this. Construction of a haul road would itself require heavy traffic coming into the area and substantial road improvements could eventually disbenefit the rural area by sustaining conditions for faster traffic when operations at Baulking had ceased.

Councillor Mrs Fulljames then moved and Councillor Seale seconded that the recommendations as set out in the officers' report be approved but with the following amendments:

(a) insert the following as a new paragraph (ii):

"materials being transported along a haul route to the south alongside the railway line between Station Bridge and Baulking Bridge."

(b) paragraph (ii) to be renumbered (iii) with the deletion of all text after "improvements";

"(13) wheel washing facilities".

The motion was put to the Sub-Committee and lost by 6 votes to 5.

Councillor MacKenzie then moved, Councillor Bartleet seconded and it was -

RESOLVED: (nem con) that consideration of application UFF/145H-CM be deferred pending an investigation into the feasibility of providing a haul route alongside the railway line between Station Bridge and Baulking Bridge.

Page 3 78/97 AN APPLICATION BY WYATT BROS (OXFORD) LTD FOR CLAY EXTRACTION AT WATERSTOCK GOLF COURSE, WHEATLEY (APPLICATION NO P97/NO612/CM) WITHOUT COMPLYING WITH CONDITION 15 OF PLANNING PERMISSION P93/NO476/CM (Agenda Item 8)

The Sub-Committee considered a report (PL8) which outlined an application to extend clay extraction at the golf course for a further year to create an irrigation lake. An application for an additional 9 hole golf course had been refused by South Oxfordshire District Council's Planning Committee but was to be reconsidered by the full District Council on 15 January 1998.

RESOLVED: that subject to South Oxfordshire District Council confirming the refusal of the application for the 9 hole revised layout, planning permission be refused in respect of application no. P97/NO612/CM for the extraction of clay without complying with condition No (end date of 1 November 1997) of planning permission P93/NO476 on the grounds that the proposal was contrary to the Minerals and Waste Local Plan policy SD5 in that it was not within a recognised area for clay extraction and the applicant had acknowledged that in the absence of permission for a further 9 holes of golf there was no need for an irrigation lake.

79/97 AN APPLICATION BY THE DOWNS STONE COMPANY LTD FOR THE EXTENSION OF A STONE QUARRY AT CASTLE BARN QUARRY, SARSDEN (APPLICATION W97/1530) (Agenda Item 9)

The Sub-Committee considered a report (PL9) which outlined an application to extend the limestone quarrying operation.

Councillor Seale asked officers to consider whether Burford could be included within any routeing agreement.

RESOLVED: that subject to prior completion of an appropriate legal agreement to the satisfaction of the Director of Environmental Services and Assistant Chief Executive & Solicitor to the Council to secure:

(i) a routeing agreement for vehicles accessing and egressing the site;

(ii) funding of long term management and maintenance of the site;

(iii) revocation of permission DAR/SAH/1218/92;

planning permission be granted for Application No W97/1530 subject to conditions to be determined by the Director of Environmental Services to include:

(2) end date of December 31 2009, including removal of buildings or structures and restoration; (3) complete compliance with plans and particulars; (4) standard hours of working; (5) strict limits on the crushing and export of stone; (6) implementation and maintenance of planting; (7) submission of an aftercare scheme; (8) noise and dust prevention measures.

80/97 APPLICATION BY MR T LUDLOW FOR THE CHANGE OF USE OF AN AGRICULTURAL BUILDING TO A WASTE TRANSFER AND RECYCLING FACILITY AT FIELD FARM, NORTH WESTON, THAME (APPLICATION NO. P97/N0726/CM) (Agenda Item 10)

The Sub-Committee considered a report (PL10) which outlined an application for a waste transfer and recycling facility.

RESOLVED: that planning permission be granted for a limited period of two years for

Page 4 Application No. P97/N0726/CM subject to the conditions listed in Annex 2 to the report PL10.

81/97 APPLICATION FOR INFILLING OF EXISTING QUARRY WITH NATURALLY OCCURRING SUBSOILS AND OTHER INERT WASTES TO FORM A COUNTRY PARK. IMPORTATION OF WASTE AGGREGATES FOR RECYCLING AND RESALE, ELM FARM QUARRY, STRATTON AUDLEY NEAR BICESTER (APPLICATION REF: 97/01501/CM) (Agenda Item 11)

The Sub-Committee considered a report (PL11) which outlined an application to infill an old limestone quarry and restore the site as a country park.

The Sub-Committee noted the deletion of the word "jointly" in paragraph 40(a).

Mr Cousins reported the outcome of a meeting with the applicants who agreed to consider again their costings concerning the country park and provide details of potential income.

Members expressed the desire to see firm financial proposals to ensure the viability of a country park.

RESOLVED: (on a motion by Councillor Reynolds, seconded by Councillor Mrs Fulljames and carried nem con) that:

(a) a decision on the application be delegated to the Director of Environmental Services in consultation with the Assistant Chief Executive and Solicitor to the Council but that planning permission be refused unless:-

(i) negotiations to secure the long-term management and maintenance of the country park were successful;

(ii) a routeing agreement avoiding Stratton Audley village was entered into; and

(iii) a revised Unilateral Undertaking or a legal agreement was entered into to permit a contribution of £80,000 to be used for a range of highway related infrastructure in the vicinity including the improvement of Stratton Audley Lane;

(b) in the event that these points were successfully concluded then planning permission be granted subject to conditions to be drawn up by the Director of Environmental Services but which should include any appropriate conditions proposed by the Environment Agency and the heads of conditions below:

(1) compliance; (2) start date 5 years; (3) end date for tipping of 31 December 2007; (4) detailed restoration and landscaping plan submission and compliance; (5) working and phasing plan compliance; (6) noise control; (7) dust control; (8) standard hours of operation; (9) improvement of access; (10) protection of SSSI; (11) submission of ecological survey and protection of important areas; (12) provision of wheel wash; (13) wheel cleaning; (14) aftercare; (15) submission and implementation of details of country park uses; (16) provision of a reed bed; (17) protection of footpath; (18) submission of details and working and restoration on the County Council land; (19) restoration complete by 31 December 2008; (20) display on site of permission;

Page 5 (21) protect vegetation at periphery of site; (22) limitation on skip storage; (23) submission and implementation of details of recycling activity.

82/97 UPDATING MEMBERS ON PROGRESS ON ENFORCEMENT (Agenda Item 12)

The Sub-Committee had before them a schedule (PL12) of progress on enforcement action previously authorised in respect of breaches of planning permission.

Mr Duncalfe updated the Sub-Committee on the following items:

Item 2 (Radley Gravel Pits) if no response had been received by 9 January 1998 it would be assumed that the Environment Agency had no comment to make.

Item 5 (Hundridge Farm, Ipsden) an enforcement notice had been served on 22 December 1997.

Item 10 (Waterbridge Farm, Adderbury) County Councillor Mitchell was concerned that if a stop notice was served the Company could find itself unable to comply with any requirement to remove the waste. He expressed a wish to see a speedier solution other than what might be achieved through the public inquiry scheduled for June 1998.

Mr Duncalfe advised that Mr Reed had not as yet submitted an application but he would contact him again.

Item 11 (Waterstock Golf Course) South Oxfordshire District Council were considering an application for a 9 hole course on 15 January 1998 and a County officer had been invited to attend.

RESOLVED:

(a) ask officers to write to the Environment Agency requesting that they make immediate arrangements for clearance of the New Manor Farm site; and

(b) to note the report PL12.

83/97 LANDFILL TAX - PROBLEMS CAUSED BY EXEMPTIONS (Agenda Item 13)

The Sub-Committee considered a report concerning the operation of the Landfill Tax and in particular problems caused by the use of exempt sites as a cheap source of landfill.

RESOLVED: that the Director of Environmental Services be instructed to write to the Secretary of State for Environment, Transport and the Regions and the Chancellor of the Exchequer urging them to ensure that the current loopholes which allowed extensive exemptions from the payment of Landfill Tax should be closed as soon as possible.

...... in the Chair

Date of signing ...... 1998

Page 6 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL10

ERECTION OF A BUILDING FOR THE SORTING AND TEMPORARY STORAGE OF WASTE; CHILTON WASTE TRANSFER STATION, NEAR PROSPECT FARM, CHILTON (APPLICATION NO UPT/3451/8-CM) Report by the Director of Environmental Services Division(s) affected: Wantage Rural

Introduction

1. Planning permission for the infilling of the disused railway cutting at Chilton with controlled waste was granted in August 1985. More recently, in May 1995 a waste recycling and transfer facility was approved by the Environmental Committee on the now filled southern end of the cutting (minute no. 56/95). The approved recycling and transfer operation was to be undertaken in the open air. The current application proposes the construction of a building on the site so that the waste recycling/transfer operation can be carried out under cover.

The Site

2. The site (see attached plan) was formerly part of the disused Didcot to Newbury railway line. It is situated about 800 metres south east of the village of Chilton and just over one kilometre south west of Upton. Access to the site is along Downs Lane from the West Ilsley junction on the A34.

The Development

3. The site has a long history of waste disposal dating from the 1970's with planning permission eventually being granted in 1985. This application proposes the erection of a building, measuring 18 metres x 22.5 metres and 9 metres high, on the approved waste transfer site located at the southern end of the landfill site.

4. Lorries entering the site will pass over a weighbridge for checking. Approximately 50 skip loads a day are proposed, the same number as when the original waste transfer facility was approved. Clean loads of inert material will go either direct to the landfill site or to a recycling stock pile. Mixed loads will go to the new building for sorting. All metal and wood will be removed and placed in separate containers within the site prior to removal off site for recycling. Any non-inert waste that may arrive within a lorry or skip eg grass cuttings, tree loppings or items of household waste will be removed and stored separately before being transferred off site for disposal at a suitably licensed site. Any inert material left within the building will be deposited in the landfill site in accordance with the licence for the facility. The detailed operation of the site is controlled through the waste management licence.

5. Some landscaping and screen bunding has already been undertaken as part of the earlier approval for the waste transfer station. Further planting will take place as part of this current proposal.

6. Between 2 and 3 permanent staff will be employed on site as part of this development

Policies

7. The relevant structure and local plan policies are set out in Annex 1.

Consultations and representations

8. Consultation responses and third party representations are set out in Annex 2.

Comments of the Director of Environmental Services

9. The main issue in the consideration of this proposal is whether a building of this nature is acceptable in an area of countryside within the North Wessex Downs Area of Outstanding Natural

Page 7 Beauty (AONB). An objection on these grounds has been raised by South Oxfordshire District Council with similar objections expressed by six private individuals.

10. Although located within the AONB the proposal accords with Council policy in that it is located on an approved waste transfer site on an existing landfill site, it aims to allow for greater recycling and sorting of waste materials, and is well situated in relation to the strategic road network (the A34). The existing access which serves the landfill site will be used and it is proposed to screen the site by landscaped bunds and tree planting. Some bunding and tree planting has already taken place. The main view of the site is from the A34 to the south west though when viewed from this direction, the building will be seen against a backdrop of existing trees.

11. The building has been proposed by the applicant following his negotiations with the Environment Agency over his application for a waste management licence. The agency indicated their preference that the waste recycling and transfer operations should be undertaken under cover in order to contain activities within a confined area, prevent the spread of litter and reduce noise disturbance, and minimise the chances of ground water pollution from surface water run off. The building will also provide much better working conditions for the people employed on site, particularly during the winter months.

12. The building itself will basically look like a large agricultural building, being constructed of concrete blocks with dark stained timber cladding above. I consider that the building would be visually acceptable if the concrete blocks were cement rendered.

13. A number of the objectors to the proposal seem to have the impression that this is a totally new waste transfer/recycling operation. It is not. Permission for the waste transfer facility was granted two and a half years ago and this application seeks to erect a building on the approved site to provide a more efficient, tidier operation.

14. It is my view that, despite being located in the AONB, this building, being sited on an approved waste recycling site on an existing landfill site, is suitable. It can be effectively screened and the existing access avoids vehicles having to pass any dwelling houses. It is interesting to note that neither of the two Parish Councils, Chilton and Upton, most directly affected by the proposal, have objected to the application. There have also been no objections from locals in the immediate vicinity of the site.

15. I suggest that, amongst the schedule of conditions to be attached to any approval given, the two conditions proposed by Upton Parish Council should be included, namely restricting the use of the building to that specifically applied for, and limiting the life of the building to the same as that for the original waste transfer permission ie 1 April, 2005 or the completion of the landfill site, whichever is the sooner.

16. As a final point, the Friends of the Earth and Blewbury Environmental Research Group suggested that an Environmental Assessment be submitted with the proposal on the grounds that special waste is mentioned in the application details. The Environment Agency have confirmed that the waste management licence does not allow any special waste into the site. The applicant was referring to items such as grass cuttings, tree loppings and the odd item of household waste that may come in as part of a skip load which are not special wastes but, rather, non-inert wastes. Such material would be a very small proportion of total waste handled and any identified would be stored in a separate container before removal from the site. Accordingly I consider that this proposal does not warrant an Environmental Assessment.

Financial, Staff and Environmental implications

17. There are no staffing or financial implications. The environmental implications are outlined in this report.

Implications for People living in Poverty

18. There are none.

Page 8 RECOMMENDATIONS

19. It is RECOMMENDED that planning permission be granted in respect of application UPT/3451/8-CM for the construction of a building at the Chilton Waste Transfer Station subject to conditions to be drawn up by the Director of Environmental Services but which should include:

(1) general compliance; (2) hours of operation to be agreed; (3) submission and implementation of landscaping proposals; (4) building permitted until 1 April 2005 or until adjacent landfill site is completed, whichever is the sooner; (5) use of building restricted to the sorting and temporary storage of waste in connection with the authorised use of land as a waste transfer facility; (6) eventual restoration of the site to agricultural use; (7) system for warning of vehicles reversing to be agreed; (8) colour of roof and doors of building to be agreed; (9) no floodlighting; (10) skips to be parked solely in area identified for that purpose and no where else on site; (11) no special waste to be imported onto the site.

DAVID YOUNG Director of Environmental Services

Background papers: File No. 8.4/4984/1.1 Erection of building at Chilton Waste Transfer Station held in Land Use Planning Section of Environmental Services.

Contact officer: John Hamilton Tel: Oxford 815584

February 1998

Page 9 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL10

Oxfordshire Structure Plan

Policy WD1 - Facilities to be provided and proposals encouraged which increase recycling of materials, limit waste generation, or provide environmentally acceptable alternatives to landfill.

Policy EN4 - In AONB's high priority given to protection and enhancement of the beauty of the area.

Oxfordshire Structure Plan 2011 Deposit Draft

Policy WD1 - Encourage proposals to minimise waste generation, increase re-use and recycling of materials, and reduce amount of waste to be disposed of to landfill.

Policy EN4 - Natural beauty of AONB's will be conserved.

Oxfordshire Minerals and Waste Local Plan

Policy W3 - Recycling proposals normally permitted provided (i) close to source of waste/or market; (ii) will not cause unacceptable nuisance eg dust, noise, smell etc; (iv) will not pollute water environment; and (v) will not conflict with other planning policies.

Policy W4 - Not normally permitted in open countryside unless overriding need and/or development forms part of landfill site and will be removed on completion of landfill operation.

Policy W5 - Any facility to be properly screened.

Vale of White Horse Local Plan

Policy C4- Site is within North Wessex Downs AONB. Large developments not permitted, smaller developments possible providing siting, scale, design, materials and landscaping are acceptable and won't damage character of the area.

Page 10 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL10

Chilton Parish Council No objection.

Upton Parish Council No objection subject to the following conditions: (i) the building should not be permitted to have any other use than for the sorting and temporary storage of waste in connection with the authorised use of land on a waste transfer facility; (ii) the building should be removed when the infilling is complete.

Vale of White Horse District Council Object on the grounds that the site is within the North Wessex Downs AONB. Policy C4 of the Local Plan seeks to ensure that the natural beauty and special landscape quality of the area is protected. The proposal would not achieve this aim either in principle, or in detail due to its siting, scale, massing, and its insensitive design and materials.

English Nature No comment.

Thames Water No objection.

Environment Agency No objection. The Agency is in favour of a building for this facility and the waste to be accepted at this site. A building is also recommended in Waste Management Paper 4.

Chief Environmental Health Officer No observations.

Oxfordshire Friends of the Earth Application mentions special waste. An Environmental Assessment should be requested.

THIRD PARTY REPRESENTATIONS

Blewbury Environmental Research Group If special waste is to be handled on site, an Environmental Assessment should be submitted before the application can be considered.

Mrs D Ward, 83 Longford Way, Didcot Objects to the application because the site is unsuitable, in the middle of the countryside. Old railway cutting was to be filled with inert waste but now skips with all sorts of material on site. Recycling material in a building on site will mean the landfill site taking even longer to complete.

Mr T Rennie, 5 Field Gardens, East Challow, Wantage Pleased that a properly controlled transfer station has been approved on Grove Industrial Estate. However, disgusted that someone is trying to obtain permission for a further transfer station on open farmland. This is an unsatisfactory location.

Mr A Lewis, 44 Bishops Orchard, East Hagbourne Similar objections to Mr T Rennie.

Page 11 Mr R Copping, "Erica", Townsend, Harwell Objection. As resident of a local village, I sympathise with local residents that this proposal would be unsightly and more importantly, traffic levels would become intolerable.

Mr J Roche, 30 Stockham Park, Wantage Objection on grounds that tipping and sorting of waste should be confined to industrial areas, not an area of open countryside much frequented by walkers. It is not only the building but the increase in traffic that will have a damaging effect on the environment. Concerned also that infilling at the landfill site could not be policed properly and that all sorts of waste could be merely tipped direct into the landfill site to "cut costs".

Liz Webber, The Old Bailey, Southend Bradfield, Nr Reading I am a keen walker of the area around Wantage and especially the Ridgeway. Strongly object to this proposal on the following grounds: (1) Area where building is to be situated is relatively flat and open and 30' high building will be clearly visible from great distances eg the Ridgeway. Chilton Farm is not an industrial area and current landfill operation is for limited inert waste into railway cutting. If application allowed, infilling will slow down and once complete the waste transfer station would stand alone and continue operating. Would set a precedent for waste transfer stations on any open farmland. Building could not be hidden behind bunds. Also there will be an increase in traffic and increase in noise and dust. Skip carriers are particularly noisy. (2) Possible contamination of the inert tip by burying unacceptable waste, either accidentally or intentionally. (3) A large transfer station has recently been approved at Grove. Does not make sense to have (4) Is this building large enough to effectively deal with rubbish internally. If not, there will be unsightly skips and stockpiles outside. Also problems with wind blown rubbish and dust. (5) Earlier waste transfer permission has not been implemented because of more rigorous environmental requirements. This should not warrant the relaxing of planning principles on industrial buildings in open countryside.

Ms Sally Morgan, 42 Orchard Gardens, West Challow, Nr Wantage Very concerned about this proposal, as if it is approved, will there be a similar application at Childrey Lime Pits near where they live. Sites such as Childrey Lime Pits, Chilton cutting should be filled as quickly as possible rather than remain as a blot on the landscape.

Page 12 PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL6

SCHEDULE OF COUNTY COUNCIL DEVELOPMENT PROPOSALS

Application No. C.31/97 (detailed) Construction of sports changing pavilion and club room and associated car parking (Revised Proposals). Land adjacent to running track, Drayton School, Drayton Road, Banbury Development and Site (see plan):

This application is for planning permission for a single storey sports pavilion and clubroom which is about one sixth the size of a proposed pavilion on the same site which was granted approval in 1995 and never implemented for budgetary reasons. The building is at the rear of the school, and 70 metres from a housing estate which is currently under construction. The vehicular access shares the same adopted road (Ludlow Drive) as the estate access. Parking for cars and coaches is provided for on the school site. There are no planning policy considerations.

Results of consultations:

English Sports Council Ä no objection.

S S and E M Wilson Ä Warkworth Close Ä concerned about highway safety Ä suggest highway measures to deal with the problem.

A M Taylor ÄWarkworth Close Ä concerned about highway safety - suggest highway measures to deal with the problem.

County archaeologist Ä no objection Ä would like archaeological informative on the consent.

The consultation period has not yet expired and any further representations will be reported at the meeting.

Directors Comments:

The access arrangements on Ludlow Drive and Warkworth Place include a priority junction, raised table, give way markings and a good standard of vision splays. The highway engineer does not consider that any other highway measures are needed as a result of this proposal.

RECOMMENDATION:

I RECOMMEND that, subject to the consideration of any objections received by the date of the meeting, the application be approved subject to the following conditions:-

1. Detailed compliance 2. Detailed duration limit Ä 5 years 3. Trees on land to be protected 4. Hours of use to be approved 5. Pavilion not to be used until coach/car park has been constructed.

Page 13 Committee Environmental Day MONDAY Sub-Committee PLANNING Date 16 FEBRUARY 1998 Place of Meeting County Hall, Oxford Time 2.00 pm A G E N D A

Please address any general enquiries on this agenda to Graham Warrington, County Hall, Oxford OX1 1ND (Tel: Oxford 815321). Press enquiries should be directed to the Media Manager on Oxford 815266.

NOTE:A site visit has been arranged for PL8 - Review of Old Mineral Permission Balscote-Hornton-Wroxton. A detailed itinerary and map showing the various assembly points has been circulated under separate cover.

Members are reminded of the obligation to declare any interest relevant to business to be conducted at this meeting, and of the convention as to withdrawal from the meeting for the relevant item unless the interest is not one which debars the member from speaking thereon (see page G2 of the Council's Manual).

1. Election to Chair - (Conservative Group)

2. Apologies for Absence and Temporary Appointments

3. Minutes

Minutes of the meeting held on 5 January 1998 (PL3).

4. Matters arising from the Minutes

5. Petitions and Public Address

OPERATIONAL ITEMS

6. COUNTY COUNCIL PLANNING APPLICATIONS

Report by Director of Environmental Services (PL6).

The following current application for County Council development, made under Regulation 3 of the Town and Country Planning General Regulations 1992, is detailed in the schedule appended to the report:-

Application No. C.31/97 (detailed). Construction of sports changing pavilion and club room and associated car parking (Revised Proposals). Land adjacent to running track, Drayton School, Drayton Road, Banbury.

It is RECOMMENDED that subject to consideration of any further representations received by the date of the meeting, the application be determined as recommended in the schedule appended to the report, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

7. PROPOSED COUNTRY PARK AND ROWING LAKE WITH ENABLING RESIDENTIAL AND LEISURE (INCLUDING HOTEL) DEVELOPMENT (APPLICATION NO. P97/SO643/0)

The Director of Environmental Services reports as follows:

The County Council has been consulted as Structure Plan Authority on this outline application and my report to the Planning Sub-Committee Spokespersons is circulated at Agenda Item PL7.

The proposal involves development within a very large area (249 hectares) which includes provision of 200 houses on a site not allocated for development. This is a sensitive area close to Reading and Caversham which is to be the subject of a study into cross Thames travel problems jointly commissioned by Berkshire, Oxfordshire and relevant local councils.

Page 14 In view of concerns expressed by members about this proposal and at the request of two of the Spokespersons this application has been brought to the Sub-Committee. My recommendation below strengthens the recommendation as set out in the original consultation report and also reflects the concerns expressed by members during the consultation exercise. In particular (b)(iv) below was omitted from the original consultation report but in my view must be included in any response to the District Council.

It is RECOMMENDED:

(a) that South Oxfordshire District Council be informed that the County Council objects to the development proposed in Application P97/SO643/01 for the following reasons:

(i) the development is likely to have a prejudicial effect on the implementation of transport measures to be identified in the Cross Thames Travel Joint Study;

(ii) the housing element of the development is contrary to general and housing and environmental policies of the Structure Plan and the site is not allocated for development in the South Oxfordshire District Council Local Plan;

(b) if despite the County Council's objection, the District Council was minded to grant planning permission, permission should not be granted unless:

(i) sufficiently detailed information is provided to demonstrate that the overall nature conservation interest of the Caversham Lakes will be enhanced sufficient to offset the short term loss caused particularly by creation of the rowing lake, together with provision for the management and maintenance of the nature conservation in the long term;

(ii) sufficient details are provided to demonstrate that the Country Park will be adequately managed and maintained in the long term;

(iii) he District Council is satisfied that the leisure facilities (pub, restaurant, hotel,sports club) are of an appropriate scale and necessary to the functioning of the country park and rowing course uses;

(iv) appropriate finance is secured for consequent education provision;

(v) appropriate finance is secured to carry out necessary off site highway works, improved bus priority across the River Thames, appropriate pedestrian, cycle and public transport routes to ensure accessibility between the proposed development and Caversham/Reading;

(vi) secure agreement is in place to restrict the use of the sporting facilities, in particular the rowing lake, to prevent competition or other events likely to attract spectators (and increased traffic).

8. MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM)

Report by Director of Environmental Services (PL8).

Three applications have been made for new planning conditions for the Balscote-Hornton-Wroxton Minerals Review site. This site is a large area (2 kilometres by 4 kilometres) of permissions for the extraction of ironstone containing 13.7 million tonnes of workable mineral. The conditions proposed are mostly acceptable or need little change to make them acceptable. However, the main planning considerations are not covered by proposed conditions. They are the need for phasing of working (one aggregate quarry at a time), to reduce the environmental impact of quarrying in the area, the need for a production limit of aggregate (500,000 tonnes a year average) in order to protect Wroxton

Page 15 from adverse environmental effects from increased traffic and the need to protect properties, particularly the villages of Balscote and Wroxton, by imposing unworked buffer zones. The applicants are strongly opposed to such conditions and say that they would appeal and claim compensation. The Mineral Valuer has offered advice on valuations and states that buffer zone restrictions of 100 metres would not reduce the asset value by more than 5%. This figure is considered not to be significant and compensation should not be payable.

It is RECOMMENDED that:

(a) subject to a routeing agreement to keep lorries off minor roads in the area application 97/00430/CM be approved for updating planning conditions on permissions 1899/9/3, 1899/9/9, 1899/40009/11 and 1899/40009/12 subject to the proposed conditions being replaced by the conditions set out in Annex 2 to the report;

(b) a notice be issued accompanying the decision notice to the effect that although working rights would be restricted, the restrictions are not considered to unreasonably prejudice either the economic viability or asset value of the BHW site.

8(a) MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM)

Supplementary report by Director of Environmental Services (PL8(a)).

The report concerns the possible effects of a recent Court of Appeal judgement which could effect the determination of this application and other Minerals Review applications. The Ruling may require that the environmental assessment regulations be applied to all Mineral Review sites.

The views of the Department of the Environment, Transport and the Regions have been sought. The Solicitor to the Council is also considering the Judgement.

An oral report will be given on this matter at the meeting.

9. MINERALS REVIEW: APPLICATION FOR DETERMINATION OF NEW CONDITIONS FOR PLANNING PERMISSION (REF M162/49) FOR EXTRACTION OF STONE AT WOODEATON QUARRY

Report by Director of Environmental Services (PL9).

An application has been made to update conditions on a limestone quarry permission at Woodeaton in accordance with the provisions of the Environment Act 1995. The main considerations were access and control of noise and dust. There is a legal agreement requiring use of an access away from the village and for clarity's sake a condition reflecting but strengthening the agreement would be sensible and is recommended. Blasting was proposed but is recommended to be excluded unless it can be proved to be the only option for extraction. The noise condition is recommended to be made more in keeping with the Environmental Health Officer's wishes and a condition for dust control is also recommended. Other conditions are amended to make them more precise.

It is RECOMMENDED that:

(a) new conditions be attached to permission M162/49 as set out in Annex 4 to the report PL8;

(b) a notice be issued accompanying the decision notice to the effect that although working rights will be restricted, the restrictions are not considered to unreasonably prejudice either the economic viability or acid value of the site.

10. ERECTION OF A BUILDING FOR THE SORTING AND TEMPORARY STORAGE OF WASTE; CHILTON WASTE TRANSFER STATION, NEAR PROSPECT FARM, CHILTON (APPLICATION

Page 16 NO UPT/3451/8-CM)

Report by Director of Environmental Services (PL10).

The report describes an application to erect a building on the approved Waste Transfer Station at the existing landfill site at Chilton.

It is RECOMMENDED that planning permission be granted in respect of application UPT/3451/8-CM for the construction of a building at the Chilton Waste Transfer Station subject to conditions to be drawn up by the Director of Environmental Services but which should include:

11. LANDFILL WITH SUBSOIL AND TOPSOIL WITH RESTORATION TO SHRUB PLANTING AT SANDFORD BRAKE FARM, BLACKBIRD LEYS (APPLICATION P96/WO118/CM)

Report by Director of Environmental Services (PL11).

The report considers a retrospective application to fill a 1 hectare piece of land with subsoil and topsoil derived from the construction of the Grenoble Road Extension which has been completed. The site has been tipped in accordance with plans and restored and grassed. Permission will enable conditions to be attached which relate to restoration.

The application was approved in July 1996 subject to a legal agreement requiring a footpath and bridleway crossing of the site. However, formal provision of a bridleway is no longer required and the Sub-Committee are asked to reconsider their decision accordingly.

It is RECOMMENDED that:

(a) the decision set out in minute no 18/96 be rescinded;

(b) subject to a formal legal agreement requiring the developers/landowners to provide and implement at their cost a footpath crossing of the site, planning permission be granted for the development specified in application P96/W0118/CM subject to:

(i) a change in the description of development to read "landfill with subsoil and topsoil with restoration to shrub planting"; and

(ii) the conditions set out in the Annex to this report.

JOHN HARWOOD Chief Executive

9 February 1998

Page 17 NOTE FOR SPOKESPERSONS/GROUP LEADERS AND RELEVANT OFFICERS ONLY

The pre-meeting briefing will be held at County Hall on Wednesday 11 February 1998 at 2.00 pm.

Page 18 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL11

LANDFILL WITH SUBSOIL AND TOPSOIL WITH RESTORATION TO SHRUB PLANTING AT SANDFORD BRAKE FARM, BLACKBIRD LEYS (APPLICATION P96/WO118/CM) Report by the Director of Environmental Services Division(s) affected: Dorchester

1. In July 1996 (minute 18/96) the Sub-Committee agreed subject to a formal legal agreement requiring the developers/landowners to:

(i) provide and implement at their cost a footpath crossing of the site; and

(ii) permit a bridleway crossing at some time in the future;

to grant planning permission for the development specified in application no P96/W0118/CM subject to:

(a) a change in the description of the development to read "landfill with subsoil and topsoil with restoration to shrub planting": and

(b) conditions as set out in the report.

2. Those conditions are Annexed to this report.

3. The intended link is marked on the plan. The footpath and bridleway link was being pursued at the request of Oxford City Council. However, in a letter the head of Planning Policy and Economic Development at the City Council says that they did not intend to secure the creation of a formal bridleway across the landfill site as the linking bridleway alongside Grenoble Road is only informal and they envisaged problems linking it with a definitive footpath. The City Council would still like the footpath link. The legal agreement has not, therefore, been completed.

4. In these circumstances there is no point in pursuing a formal bridleway link.

5. Environmental, Staff and Financial Implications and Implications for People Living in Poverty

There are none arising from this report

RECOMMENDATION

6. It is RECOMMENDED that:

(a) the decision set out in minute no 18/96 be rescinded;

(i) a change in the description of development to read "landfill with subsoil and topsoil with restoration to shrub planting"; and

(ii) the conditions set out in the Annex to this report.

DAVID YOUNG Director of Environmental Services Background Papers: 8.4/3092/2 Contact Officer: Amanda Ford, Tel: Oxford 815871

Page 19 February 1998

Page 20 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL6

COUNTY COUNCIL PLANNING APPLICATIONS Report by the Director of Environmental Services Division(s) affected: Previously notified

1. The Schedule annexed to this report considers a current planning application for County Council development, made under Regulation 3 of the Town and Country Planning Regulations 1992.

2. The application and any letters of objection which may be received are available for inspection in the Land Use Planning Section of Environmental Services (refer to Contact Officer.)

Environmental Implications

3. These are identified as appropriate in the application schedule.

Staff and Financial Implications

4. The Sub-Committee are asked to determine the application. The finance for and staff implications of the scheme are a matter for the promoting Committee.

Implications for People Living in Poverty

5. There are none arising from this report.

RECOMMENDATION

6. It is RECOMMENDED that subject to consideration of any further representations received by the date of the meeting, the application be determined as recommended in the schedule appended to this report, subject to the detailed wording of the recommended conditions being agreed by the Chief Planning Officer.

DAVID YOUNG Director of Environmental Services

Background papers: Nil

Contact Officer: John Griffin, Tel. Oxford 815723

February 1998

Page 21 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL11

1. The development shall be carried out in complete accordance with the plans and particulars of the application as amended by conditions of this permission.

Reason: To ensure that the development is carried out as proposed.

2. No waste shall be deposited on the site except subsoils from the line of the road known as the Grenoble Road extension.

Reason: To ensure that no unnecessary lorry movements are generated to the detriment of the amenities of the residents in the adjoining housing areas and to ensure that there is no potential for pollution of groundwater from the deposited materials.

3. No further deposit of waste shall take place after the date of this permission.

Reason: To ensure that no unnecessary lorry movements are generated to the detriment of the amenities of residents in the adjacent housing areas.

4. The site shall be restored to the levels shown on approved plan McK/GREN/2A.

Reason: To ensure the site is properly restored.

5. The site shall be restored by the deposit of at least 225mm of topsoil across the deposited subsoils.

Reason: To ensure the site is properly restored.

6. A scheme for planting shrubs over the whole site shall be submitted to the local planning authority within three months of the date of this permission. The scheme shall take into account the maintenance requirements and clearances to overhead lines needed by statutory undertakers. It shall also include details of species, numbers, spacings, sizes and locations of shrubs to be planted. Any plan that is approved shall be implemented in the first planting season following the grant of this permission or by such later date that the local planning authority may agree.

Reason: To enhance the landscape value of the site.

7. An aftercare scheme for the maintenance of the planted areas shall be submitted to the local planning authority within three months of the date of this permission. The aftercare scheme shall specify the programme of aftercare steps it is proposed to carry out in the five year aftercare period. The programme shall include provision for cultivation and drainage of the land, maintenance of drainage to the foot of the national grid pylon, replacement of any shrubs that die or become seriously damaged or diseased and provision for an annual site meeting to discuss detailed steps necessary on the restored land.

Reason: To bring the land to a reasonable standard for successful shrub planting and to enhance the landscape of the site.

8. The access track as shown on approved plan McK/GREN/1 shall be repaired by the filling of potholes with suitable aggregate material within three months of the date of this permission.

Page 22 Reason: To repair damage caused to a public footpath.

9. A plan showing how the area at the foot of the National Grid pylon, as shown on approved plan McK/GREN/2A, shall be adequately drained shall be submitted to the local planning authority within one month of the date of this permission and any plan that is approved shall be implemented within a month of the date of that approval.

Reason: To ensure that the foot of the pylon is sufficiently well drained to maintain the safety of the pylon.

10. No waste shall be deposited within 3 metres of any part of the base of the National Grid pylon, as shown on approved plan McK/GREN/2A.

Reason: To prevent water collection at the foot of the pylon.

Page 23 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL9

MINERALS REVIEW: APPLICATION FOR DETERMINATION OF NEW CONDITIONS FOR PLANNING PERMISSION (REF M162/49) FOR EXTRACTION OF STONE AT WOODEATON QUARRY Report by the Director of Environmental Services Division(s) affected: Wheatley, Yarnton and Otmoor

Introduction

1. An application has been made, on behalf of Land Recovery Ltd, under the provisions of the Environment Act 1995, for new conditions for the planning permission (ref M162/49) for the `extension of stone pit' at Woodeaton Quarry, near Oxford. A list of the proposed conditions are set out in Annex 1 and the existing conditions Annex 2.

The Site

2. Woodeaton Quarry is an old limestone quarry that was last worked to provide stone for the M40 construction. It is approximately 7.5 ha in extent. It has been worked to its lateral limits but stone remains to be worked at the base of the quarry. It has an old access onto the road running through Woodeaton village. There is another approved access running northwards onto the B4027. The site has agricultural land to the north-west and north-east and abuts the village to the south-east and south-west. A grove of trees separates the quarry from the built up part of the village. The working area lies generally below the lip of the quarry and behind the grove of trees so that it is visually very well screened.

3. The whole of the quarry is a geological SSSI and is of great palaeontological and sedimentological interest. The quarry is also within the Oxford Green Belt.

The Planning History

4. Planning permission was granted for stone extraction on 10 May 1949. No further permission for extraction was granted, indeed an application for an extension was refused in 1958. Permission was also granted for a weighbridge, office and messroom in 1977 (ref

5. In 1982 an enforcement and stop notice was served which sought to stop the tipping of waste. The enforcement notice is extant.

6. On 13 October 1989 planning permission (ref P298/89) was granted for a new access onto the B4027. The existing access was to be retained for non-lorry traffic. An agreement accompanied that permission which required the access to be constructed and used for `all heavy goods vehicles and commercial vehicles requiring ingress or egress to or from Woodeaton Quarry' save those permitted with the consent of the Council, emergency services vehicles and those visiting the Site of Special Scientific Interest'.

7. The new access was to be retained until quarrying ceased permanently or, on the basis of evidence, it was no longer `reasonable or practicable for commercial vehicles to continue using the road and access'. A barrier was to be placed on the old access to prevent HGVs using it. The agreement also required the routeing of heavy commercial vehicles on the B4027 to access the A40 at Barton.

The Proposal

8. The quarry is in land whose surface slopes generally between 100m AOD (Above Ordnance Datum) and 90 AOD. Working has gone down to 77m AOD but the quarry floor is generally between 80 and 95m AOD. The proposal is to take the quarry floor down to 70m AOD.

9. The main points arising from the applicant's proposed conditions are as follows:-

Page 24 (a) the site will be restored on or before 22 February 2042; (b) the quarry will be worked in three phases from the north-west corner to the south-east corner; (c) mineral waste produced will be re-spread on the quarry floor prior to restoration; (d) no other waste shall be imported; (e) annual production not to exceed 100,000 tonnes and not to exceed an average of 50,000 tonnes; (f) hours of operation shall be 0730 hours to 1800 hours Mondays to Fridays and 08.30 to 14.00 hours on Saturdays; (g) no working below 70m AOD; (h) keep access in good repair and free of mud; (i) sheeting of lorries; (j) clean vehicle wheels; (k) measures to prevent dust blowing off site; (l) control dust and noise from drilling equipment; (m) blasting only between 10.00 and 15.00 hours Monday to Friday. Limit ground vibration and give audible warning of blasts; (n) noise limits of 45 LAeq (1 hour) at sensitive buildings nearby, temporary operations (i.e. drilling and site clearance) shall be 70 LAeq (1 hour); (o) agreement over reversing alarms; (p) silencing of quarry plant; (q) paint fixed plant green; (r) quarry plant etc. removed before restoration; (s) quarry lighting located not to cause disturbance to residential properties; (t) produce a restoration scheme for the whole site including a five year land management scheme, prior to working phase 3 and implement it; (u) import materials to blend with aggregate not greater than permitted development levels; (v) importing materials for restoration; (w) stockpiles not exceeding 6m; (x) parking, loading and unloading in accordance with a plan.

Consultations and Representations

10. Consultation replies and representations are set out in Annex 3.

Comments of the Director of Environmental Services

11. The main considerations are which access should be used and how to reduce the impact of noise, dust and vibration on Woodeaton village. Otherwise the conditions should be assessed against the provisions of the Structure Plan, Minerals and Waste Local Plan and South Oxfordshire Local Plan and assessed against the need for conditions to be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable.

12. The quarry has been worked on and off since before the War. The last time it was operated was at the time of the M40 construction. The old access into the village was used and resulted in considerable objections about the noise of blasting and lorries, dust, destroyed road verges, cracks in old buildings, road safety and mud on the road. In order to avoid the consequences of continued access through the village the company operating the quarry at that time made an application for a new access away from the village and entered into an agreement to use that access for lorries and then to route lorries on the B4027 to access the A40 at Barton.

13. Regardless of what conditions are attached to the permission now the agreement will still apply. However, it would aid clarity if new access conditions were attached to the permission to reflect, as much as possible, the agreement. All the representations and consultation replies of the parish councils and district councils support use of the northern access. Woodeaton Parish Meeting is anxious that the conditions are stronger. It is not possible in the time given, or is it necessary, to enter into another legal agreement to cover access concerns as Woodeaton Parish Meeting would want. The let-out clause they were concerned about is not in the recommended condition (no. 12): the words `reasonable' and `practicable' have been excluded. However, a rider to the condition is

Page 25 recommended which would give the operator the opportunity to ask the County Council to vary the condition. Although the conditions proposed do not reflect exactly what the agreement says, they are clear. Any operator would know that both have to be complied with. The recommended conditions (nos. 12 to 17) in annex 4 show the new access conditions.

14. Condition 1 of the proposed conditions is a compliance one. It requires, amongst other things, compliance with a phasing plan (115/2R/4). This plan proposes phasing from north-west to south-east. It would be more sensible to phase workings towards the access at the north-west corner. Therefore the recommended condition (no. 1) excludes plan 115/2R/4 and recommended condition 2 substitutes a requirement to provide a working plan, to include phasing that will not isolate the approved access. In addition, the working plan can require details of plant, buildings and structures to be used including wheel washes. The existing bunds as presently shown on plan 115/2R/4 should also be retained as these offer a significant visual barrier on the village side of the quarry. Recommended condition 3 requires implementation of the wheelwash.

15. Woodeaton Parish Meeting want to see the no tipping of waste condition (proposed condition no. 6) strengthened. Recommended condition 7 includes all the same wording except that the rider says `unless otherwise agreed in writing by the Mineral Planning Authority'. This wording is stronger than the `prior agreement' wording proposals. If deposit of waste is sought in any quantity it will be a material change of use that will require a separate planning permission.

16. There are noise conditions proposed. Cherwell Environmental Health Officer (EHO) is concerned about the lack of accuracy in proposed condition 19. South Oxfordshire EHO is concerned that tighter controls are exercised over temporary operations. Recommended condition no 21 establishes sufficient certainty and clarity into that condition.

17. The applicant has proposed blasting conditions (proposed conditions nos 16 to 19). Blasting caused objections of noise and vibration the last time it took place as buildings are as close as 60 metres from the boundary of working. No evidence has been put forward that blasting has to be used to extract stone. Advances in technology could well mean that stone could be removed by ripping or direct digging, as at other limestone quarries in the county. Recommended condition no 20 therefore excludes blasting unless otherwise agreed by the County Council. The operator would have to show that the stone could only be removed by blasting.

18. The Cherwell EHO notes that there are no dust control conditions. However, proposed conditions 14 and 15 are imprecise conditions for controlling dust from limited sources. As Woodeaton is close to the quarry a more comprehensive dust condition would be advisable. Recommended condition nos 18 and 19 set out the measures needed and the action to be taken in the event that dust nuisance is caused.

19. The restoration plan (proposed condition 32) should include provision for maintenance of the geological interest in the SSSI as proposed by English Nature. Recommended condition no 31 includes such a proviso. The quarry is within the green belt. Policy GB4 of the South Oxfordshire Local Plan requires that new development should not be conspicuous from the green belt and should be designed to minimise its impact. This plan should also show that mineral waste is not stored above the lip of any part of the quarry which is not the case at present. Mineral waste/soil is stored some 5 metres above the western lip of the quarry and the plan 115/2R/6 shows that being retained. Therefore, a height reduction is important for visual reasons. Recommended condition no 31 requires storage below quarry lip levels.

20. Proposed condition 4 does not meet the test of a planning condition in that it is imprecise. Recommended condition 6 makes the condition more enforceable by referring to fencing all the gaps in the perimeter.

21. Proposed condition 7 (recommended condition 8) proposes a maximum level of 100,000 tonnes a year of extraction with an average of 50,000 tonnes a year. 100,000 tonnes is equivalent to some 36 lorry movements a day. Whilst the B4027 is not a lorry route, indeed it is within a weight limited area, 100,000 tonnes can be tolerated although, ideally, there should be no lorry traffic generation onto the B4027 at all. The proposed condition is acceptable especially as lorries do not have to pass through Woodeaton. Islip Parish Council would like traffic lights at the access but these

Page 26 would make the access more dangerous than it is now.

22. The proposed hours of operation (proposed condition 9) are within those in the Minerals and Waste Local Plan code of practice except that an additional operating hour is wanted on Saturday afternoon and maintenance is wanted for an extra hour in the evenings and for four hours on Saturday afternoon and evening. The code of practice states that only in exceptional circumstances should these extra hours be permitted. No exceptional circumstances have been claimed. As the quarry is in close proximity to the village the code of practice restrictions should apply. Recommended condition 10 limits the operating and maintenance hours accordingly. The recommended condition also rectifies a slight mistake in the proposed condition that would otherwise allow continuous working.

23. Proposed condition 20 is also imprecise as it proposes minimising structural damage when moving soil without specifying to what extent. Recommended condition no 22 is more precise.

24. Proposed condition 21 is imprecise as well. It states that `consideration shall be given' to direction and strength of wind when moving soil without stating what will happen in what precise conditions. This condition is recommended to be excluded. Recommended condition 18 sets out the dust suppression needed and the requirements if that suppression does not work.

25. Proposed condition 23 specifies audible warning of vehicles reversing. The Health and Safety Executive say that audible forms of warning are not needed. There are non-audible forms. The proximity of housing to the site is such that non-audible forms are essential and recommended condition 23 requires them.

26. Proposed condition 27 sets out the control of lighting on site. Again it is imprecise as it states that illumination will only be that `which is necessary for the safe and efficient operation of the quarry'. Recommended condition 27 requires the submission and implementation of a lighting scheme. Details can be agreed through that scheme which would have the effect of eliminating light pollution in Woodeaton.

27. The proposed restoration scheme (proposed condition 30) does not propose a specific afteruse. However, MPG14 (Review of Mineral Planning Permissions) states that provision should be made for reclamation to an appropriate afteruse as soon as practicable. The original permission required restoration to a `condition fit for cultivation'. However, the site will be restored to a depth of between 20 and 30 metres below surrounding levels and agriculture may not be the most appropriate afteruse for the whole site, especially adjacent to the faces where shading will be significant. There is lack of information on availability of soils but it is unlikely that there is sufficient soil to restore the whole site to agriculture. A nature conservation use would not need topsoil. Recommended restoration condition no. 30 requires restoration to a mixture of agricultural and nature conservation use as that seems to be the most appropriate use for such a deep quarry. The condition permits restoration to another beneficial use not requiring further planning permission.

28. Proposed condition 32 is imprecise in that the degree of care needed to separate top and subsoil is not stated. Recommended condition no 32 simply states that topsoil, overburden and subsoil shall be kept separate.

29. Proposed conditions 33 and 34 limit import of materials for blending to those set in the Town and Country (General Permitted Development) Order 1995 or its successor. The Order does not have any limits on imports for blending, as none is permitted development. There may be some set in the future. The condition seems superfluous. However, I would not wish to increase traffic on the B4027. Recommended condition 7 excludes the import of any aggregate material to the quarry for any purpose whatsoever.

30. English Nature is concerned that bona fide geologists are allowed access to the geological SSSI. Whilst the permission can require that the site is physically suitable for geologists to inspect the strata it cannot require that the landowner makes the site available. Geologists must make their own arrangements with the site owner for visiting the site.

31. If the recommended conditions are approved then the new conditions must be accompanied by a

Page 27 notice stating whether or not working rights have been restricted and, if so, whether the `effect of the restriction would be such as to prejudice adversely to an unreasonable degree either the economic viability of operating the site or the asset value of the site'. The recommended conditions would restrict working rights in that the restoration plan should show benching or tiering in accordance with English Nature's requirement for the geological SSSI. The hours of operation would be slightly restricted but it is unlikely to affect the rate of working. Neither of these are deemed significant or unreasonable in degree. Therefore, the notice should state that working rights have not been unreasonably affected.

32. The Environment Agency are concerned that the quarry is very vulnerable to pollution and have proposed conditions which would limit the possibilities of pollution taking place. These are included as recommended conditions 34, 35, 36 and 37.

Environmental Implications

33. The environmental implications are as set down in this report.

Financial and Staff Implications

34. There are no financial or staff implications unless the applicant appeals against any approved recommended conditions or against the notice of restriction of working rights. An Inquiry may be held and if the notice is not upheld but the conditions are compensation may be payable. However, the Inspector is bound to consult all parties again if it is his intention to approve conditions restricting working rights to an unreasonable degree. In the unlikely event that this occurs it gives the County Council an opportunity to vary conditions to avoid paying compensation.

Implications for People Living in Poverty

35. There are none.

RECOMMENDATION

36. It is RECOMMENDED that:

(a) new conditions be attached to permission M162/49 as set out in Annex 4 to the report PL8;

DAVID YOUNG Director of Environmental Services

Background papers: File 8.3/5312/1 `Updated conditions on permission no. M162/49 dated 10 May 1949 at Woodeaton Quarry' in Land Use Section of Environmental Services, County Hall.

Contact Officer: John Duncalfe, tel: Oxford 815356

4 February 1998

Page 28 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL9

The figure in brackets beside the condition number is the equivalent, or nearest equivalent, recommended condition number as set out in Annex 4.

1. (1) The development hereby approved shall only be carried out in accordance with the following documents:-

A. Mineral Review conditions

B. Submitted Plans:

(i) 115/2R/1 Site Location (1:50,000) (ii) 115/2R/2 Site Boundaries (1:2,500) (iii) 115/2R/3 Topographic Survey (1:2,500) (iv) 115/2R/4 Phased Working (1:2,500) (v) 115/2R/5 Proposed Extraction Contours (1,2,500) (vi) 115/2R/6 Anticipated Restoration Levels (1:2,500) (vii) 115/2R/7 Noise and Blast Monitoring (1:2,500)

2. (4) From the date of approval of the Mineral Review conditions to completion of the development, a copy of the permission including all documents hereby approved and any other documents subsequently approved, in accordance with this permission, shall always be available at the site office for inspection by the MPA during normal working hours.

Reason: In accordance with the Mineral Review legislation.

3. (5) All mineral extraction from the site shall cease, and the site shall have been restored in accordance with Condition 31, on, or before, 22 February 2042.

Reason: In accordance with the Mineral Review legislation.

4. (6) Within 1 month of approval of these conditions the operator shall have inspected the perimeter of the site and erected stockproof fencing and appropriate warning signs where necessary.

Reason: To ensure the safety of the public.

5. (2) Unless otherwise agreed in writing by the MPA, the working of the site shall be carried out in accordance with the working programme and phasing plans attached to this permission.

Reason: To enable the MPA to adequately control the development and to minimise the impact on the amenities of the local area.

6. (7) Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995, (or any Order amending, replacing or re-enacting that Order):-

(a) no waste materials, other than mineral waste from the processing of minerals on the site, shall be deposited at the site without the prior agreement, in writing, of the MPA.

Reason: To protect the amenities of the area.

Page 29 7. (8) The amount of extracted mineral leaving the site shall not exceed a level of 100,000 tonnes per annum, over the time period between the approval of these conditions and 22 February 2041 and shall average no more than 50,000 tonnes per annum, calculated on a 5 yearly basis.

Reason: In the interests of highway safety and local traffic flow.

8. (9) The operators shall maintain records of their annual output and shall make them available to the MPA at any time upon request. All records shall be kept for a minimum period of 3 years.

Reason: In order that the MPA can monitor the output of the site.

9. (10) Except in emergencies to maintain safe quarry working (which shall be notified to the MPA as soon as practicable) or unless the MPA has agreed otherwise in writing -

(a) no operations, other than mineral extraction and processing, processes necessary for the working of a stone merchant, servicing, environmental monitoring, maintenance and testing of plant, shall be carried out at the site between 0730 hours and 1800 hours Monday to Friday and between 0830 hours and 1400 hours on Saturdays (and at no time on Sundays, or public holidays); (b) no servicing, maintenance or testing or plant shall be carried out at the site between 2000 hours and 0730 hours on any day (and at no time on Sundays, or public holidays).

Reason: To protect the amenities of local residents.

10. (11) No mineral extraction shall take place below 70m AOD.

Reason: To comply with restoration conditions.

11. (15) The surfacing of the site access shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times until completion of site restoration and aftercare. Any deposit of mud or other material on nearby highways resulting from the development hereby approved, shall be removed as necessary to the satisfaction of the Mineral Planning Authority.

Reason: In the interests of highway safety and to protect the amenities of the area.

12. (16) No lorries loaded with aggregate material excavated from the mineral review site shall leave via the established access, unless they are sheeted.

Reason: In the interests of highway safety and to protect the amenities of the area.

13. (17) No vehicles carrying material from the mineral review site shall enter the public highway unless their wheels have been cleaned, where necessary, to prevent material being deposited on the highway.

Reason: In the interests of highway safety and to protect the amenities of the area.

14. (18) Measures shall be taken to prevent dust blowing off the site. This shall include the use of a water bowser to spray access roads, working areas and stockpiles.

Reason: To protect the amenities of the area from the effects of dust arising from the development.

15. (19) The water bowser/dust suppression equipment installed in accordance with condition 14 shall be kept within the site and in full working order at all times and shall be used to water areas within the site at such intervals as may be necessary to control the raising of dust.

Reason: To protect the amenities of the area from the effects of dust arising from the development.

16. (deleted) Drilling equipment shall be fitted with appropriate dust suppression facilities. Exhausts

Page 30 on site vehicles will be set so that exhaust gases cannot be emitted in a downward direction.

Reason: To protect the amenities of the area.

17. (20) Blasting shall only be carried out between the hours of 1000 and 1500, Monday to Friday (excluding Bank Holidays). Ground vibration as the result of any blasting operations shall not exceed a peak particle velocity of 9mm/sec in 95% of all blasts and no individual blast shall exceed a ppv of 12mm/sec at vibration sensitive buildings from measurements/ calculations taken at quarterly intervals to coincide with blasting operations. The measurements shall be taken at the blast monitoring points as shown on Drawing No: 115/2R/7 and, following the completion of 3 blasts on site, the results shall be assessed to ensure that the above criteria are being met, including any recommendations for adjustments to blasting procedures, which shall be implemented.

Reason: To protect the amenities of the local area and to enable the effects of the development to be adequately monitored during the course of operations.

18. (deleted) Audible warning shall be given prior to the commencement of any blasting operations.

Reason: To ensure the safety of those in the vicinity of the quarry.

19. (21) (a) 2 noise monitoring points shall be established at the same positions as the blast monitoring points described in Condition 17 above; (b) a noise limit based upon LAeq (1 hour) readings shall be agreed for the monitoring point within 6 months from the date of issue of these conditions; (c) such limits shall be established by predicting (using methods defined by BS5228) levels necessary to achieve a general limit of noise from quarrying activity and associated operations of 45 LAeq (1 hour) at the facade of all noise sensitive properties. In the case of temporary operations, such as site clearance and drilling, a higher noise limit of 70 LAeq (1 hour) shall be adopted.

Reason: To protect the amenities of local residents.

20. (22) The stripping and movement of topsoil and subsoil shall only be carried out when the material to be moved is sufficiently dry and friable to minimise structural damage in dry weather conditions.

Reason: To minimise the loss of soil and subsoil for restoration.

21. (deleted) Consideration shall be given to the direction and strength of the wind when the transporting and tipping of overburden, handling of soils and subsoils is being undertaken.

Reason: To minimise loss of soil and subsoil for restoration and to protect the amenities of local residents.

22. (31) Each phase of the site shall be restored in accordance with the scheme to be submitted under condition 31.

Reason: To ensure that the site is reclaimed in an orderly manner to a condition capable of beneficial afteruse and in the interests of the amenity of local residents.

23. (23) Within 6 months of the date of issue of the mineral review conditions, details of the reversing alarms to be used in all quarry vehicles shall be submitted for the approval of the Mineral Planning Authority. Such details should seek to minimise the disturbance to the occupiers of nearby dwellings by reason of the volume and/or tonal quality of such alarms. The quarry vehicles shall be operated in accordance with the agreed scheme.

Reason: To protect the amenities of local residents.

Page 31 24. (24) All mobile plant, equipment and vehicles under the control of the quarry operators and in use, or calling at the site, shall be fitted with appropriate silencing equipment, which shall be maintained to the manufacturer's standards.

Reason: To protect the amenities of local residents.

25. (25) All plant and machinery on site, except for mobile plant, shall be coloured 12B29 woodpecker/holly green, as specified in BS colour code 4800 or its nearest available equivalent.

Reason: In the interests of the amenity of the local area.

26. (26) On completion of quarrying operations, or the 22 February 2042, whichever is the sooner, all plant, buildings, equipment, vehicles, scrap machinery and any other extraneous material shall be removed from the site and the mineral review site restored in accordance with condition 31.

Reason: In the interests of the amenity of the local area.

27. (27) Any lighting equipment used within the mineral review site shall be so designed and directed as to illuminate only that which is necessary for the safe and efficient operation of the quarry. No lights shall be positioned, directed or be of such intensity as to illuminate land or buildings outside the quarry or cause, in the view of the Mineral Planning Authority, unacceptable disturbance to or at occupied residential property.

Reason: To protect the amenities of local residents.

28. (28) Any facilities for the storage of oils, fuels, or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The size of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents and sight glasses must be located within the bund. There shall be no drain in the bund floor or walls.

Reason: To minimise the risk of pollution of watercourse and aquifers.

29. (29) There shall be no discharge of contaminated drainage from the site into any ditch or watercourse.

Reason: To minimise the risk of pollution of watercourse and aquifers.

30. (30) Trees, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which, within 5 years of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed, in writing with the MPA.

Reason: To ensure that the site is reclaimed in an orderly manner to a condition capable of beneficial afteruse and in the interests of the amenity of local residents.

31. (31) Prior to commencement of mineral extraction in Phase 2 a restoration scheme for the whole of the site, including a five year land management scheme, shall have been submitted to the MPA for approval and shall be subsequently implemented in accordance with the approved scheme or as otherwise agreed in writing with the MPA. The submitted scheme shall include provision for:-

(i) the species to be planted and total number to be planted and the percentage of the total to be accounted for by each species, (ii) the preparations to be made to the ground before planting and/or seeding and the method of planting and/or seeding, (iii) the fencing off of planted and/or seed areas where considered necessary by rabbit proof fencing or other suitable deterrent method, (iv) subsequent maintenance and aftercare for five years after the planting and/or seeding has been carried out which shall include the control of weeds where necessary; repairing any damaged fencing and the replacement of any plants which die.

Page 32 Reason: To comply with the requirements of Schedule 5 of the Town & Country Planning Act 1990 and to ensure that the reclaimed land is restored in an orderly manner to a condition capable of beneficial aftercare.

32. (32) Care shall be taken at all times during the handling of topsoil, subsoil and overburden to avoid mixing wherever possible.

Reason: In the interests of proper restoration of the site.

33. (7) Material from sources outside the site, imported onto the site for blending with aggregate produced on site shall not exceed the levels allowed under the Town and Country Planning (General Permitted Development) Order 1995 (or any subsequent amendment).

Reason: For the avoidance of doubt.

34. (7) No other materials, other than those stipulated in condition 33 above, shall be imported other than for the purposes of restoration or in accordance with the requirements of the permitted stone merchanting, without prior approval of the Mineral Planning Authority.

Reason: For the avoidance of doubt.

35. (33) Any new stockpile of materials within the site shall not exceed a height of 6m or unless as otherwise agreed with the Minerals Planning Authority.

Reason: To protect the amenities of the area.

36. (2) All parking, loading and unloading of vehicles in connection with the permitted operations at the review site shall take place only within the extraction area as shown on Drawing No. 115/2R/4.

Reason: To ensure that no such activities take place outside the site.

Note: Nothing in these conditions shall relieve the developer from obtaining such consents and approvals to his proposals as may be required from any public, local or statutory authority or undertaker, complying with any bye-law, statute or enactment for the time being in force nor from observing common law rights.

Page 33 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL9

1. That all top soil and vegetative overburden be removed progressively from the natural surface of any area about to be worked, stored and replaced as soon as practicable on the portion of the land already worked in such manner that as the work proceeds as large a portion as possible of the land is left in a condition fit for cultivation.

2. That the working be carried out as a condition of existing adjoining workings.

3. That no workings take place within 50ft of that boundary of the plot abutting on the adjoining highway without prior agreement with the County Surveyor.

4. That on completion of the development in respect of which this permission is granted, all derelict material and all sheds, plant and machinery and all structures of any kind whatsoever be removed from the land and from its immediate vicinity and that the whole area be left in a clean tidy and level state and in a condition fit for cultivation.

Reasons

1, 2 & 4 To preserve the rural landscape and amenities.

3. To ensure conditions of proper safety and convenience in relation to the public highway.

Page 34 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL9

English Nature (EN) Welcomes the application in principle as it would expose further strata of geological interest and leave the quarry in a safe and accessible stage. There are three areas of concern:- (1) that bone fide geologists be granted controlled access to the site during the working phase so that full geological assessment can be made; (2) restoration should be carried out so that safe access to all the strata is retained. Sloping or tiered benches should be provided; (3) the proposals for retention made in the application concur with EN's assessment. However other areas may emerge if lower strata are exposed and EN reserve the right to ask for an amendment to any agreement on the retention of exposed faces should the need arise.

Environmental Health Officer (Cherwell DC) No reference to dust control in respect of quarry operation, materials storage or haul road. With regard to condition 19 the duration of temporary noise events must be more accurately defined and would suggest a total duration within the working day.

DLA (Rights of Way) No recorded public paths affected.

DLA (Archaeology) The quarry and access road abut a scheduled ancient monument (SAM 107) which should be protected from quarrying activities. It is the Woodeaton Romano British Temple overlying an Iron Age settlement. Temple sites are rare and are nationally important. It would be beneficial if there was a condition stating that no infringement upon the scheduled area should take place.

Woodeaton Parish Meeting Pleased to see proposals for limiting impact of quarrying on the amenities of Woodeaton residents but are deeply concerned about access. The application is disturbingly silent on this matter. The only (indirect) reference on access is on maps showing access between Taverners and Woodeaton Manor School as the only point of entry. When this access was used, when the M40 construction was underway, lorries made a frightful impact in the village. An agreement was reached with the then quarry owner (Mr Barney), the Henman family and the County Council not to use the access into the village but one across Mr Henman's land to the B4027. It also specified no lorry traffic through the village. The agreement is legally binding on Land Recovery Ltd but is insufficient to protect Woodeaton as it has a let-out clause in that if the Council `are satisfied on the basis of evidence produced by the first owner and second owners that it is no longer reasonable or practicable for heavy goods vehicles and commercial vehicles to continue using the road then .... the Council shall ..... discharge the ..... owners from all the provisions of this Agreement.' It must allow for quarry owners to remove stone in the event that a financial arrangement cannot be reached between owners. This is likely to be the case and there will be no protection for local residents. Another legal document is required that prohibits the use of the village access under any circumstances. The condition not allowing waste deposit apart from mineral waste (proposed no. 6) without the prior agreement of the MPA, must be strengthened. If the MPA would never give permission this should be stated explicitly.

Cherwell District Council Raised no objections subject to conditions that: (a) existing northern access persists and routeing agreement maintained; (b) restoration proposals ensure nothing protrudes above the lip of the quarry.

Page 35 South Oxfordshire District Council Extremely concerned at the use of roads in Woodeaton and Islip by lorries from quarry and at any intensification of use of B4027 in the Stanton St John direction. The access into Woodeaton village should not be used and routeing agreements are needed. The site is in the Oxford Green Belt and within an Area of Great Landscape Value where development is severely restricted. Commercial intrusion should be kept to a minimum and operations not have an adverse impact on the open nature and attractive rural nature of the area. Detailed restoration plans should be approved by the County Council's Landscape Architect. The quarry is close to Woodeaton and care should be taken to ensure scale and intensity of operations does not adversely affect residential amenity. Part of the quarry is an SSSI. Damage to it should not be permitted. English Nature note that the whole section of Woodeaton is of great palaeontological and sedimentological interest.

South Oxfordshire District Council (Environmental Health Officer) Generally no objection but: Condition 9(a) As written would appear to limit use of the site to certain specific activities between 0730 and 1800 hours. However, it appears there are no restrictions outside these hours. Would wish a condition restricting use of site to those specified hours. Condition 19(c) No objection to general maximum noise level 45 dBA, Leq (1 hour) in the specified hours in any new condition 9. However, consider that to allow "temporary operations" for which no time limit is defined to produce a noise level of 70 dBA in any hour is excessive. Such a level would inhibit conversation. If this level is necessary it needs tighter control with a maximum time limit set eg noise levels resulting in a 70 dBA Leq (15 min) at a house façade may not be caused more frequently than for 15 minutes in any four hour period.

Environment Agency The site is well fissured and a major aquifer which is highly vulnerable in terms of groundwater protection. No imported waste should be deposited. Condition 6 should be amended to delete any reference to the option for depositing waste. Condition 10 should refer to protecting the water environment. Additional conditions should: (a) require all waste materials already deposited to be removed before any more material is extracted; (b) stop vehicle wash water discharging into the quarry; (c) require that imported restoration materials should be clean, uncontaminated, wholly inert soils and subsoils; (d) require surface water drainage works to be approved.

Health and Safety Executive Concerns are: - Blasting Blasting must be in accordance with Quarries (Explosives) Regulations 1988. Results of each blast must be recorded by Quarry Manager including results of any ground vibration or air over pressure effects. - Noise Audible warning alarms often lead to noise complaints. Alternative non-audible systems exist and are commonly used. - Fencing Fencing at quarries is enforced by the district council at the moment. Any fencing must be adequate in preventing accidental falls into the quarry.

Islip Parish Council 1. Please confirm that it is an "active" quarry. There has been no quarrying for some years. 2. It is in the Green Belt, exposed site in Area of High Landscape Value with nearby archaeological sites including Roman Villas and Temple. Therefore, there must be no drift beyond red area of review site and there must be no tipping or storage of minerals or waste at ground level. Such storage must always be within profile of quarry. 3. Condition 6 should be amended to delete the possibility of the MPA agreeing to it in writing, an essential point. 4. Note approved average of 50,000 tonnes pa, this should be reduced and 100,000 tonnes maximum should be reduced to the proposed average. 5. Traffic on B4027 increased out of all proportion. Routeing agreement should be referred to as a

Page 36 condition in new consent. Routeing agreement was flouted on a regular basis. Therefore if routeing agreement was breached the licence could be withdrawn without having to prove breaches. 6. Concerned about 40-50 slow moving lorries using B4027 access. Need a set of traffic lights activated by lorries leaving the site. 7. Blasting should be restricted at all costs.

The site is totally unsuitable for a large scale quarry enterprise, it is too close to Woodeaton, has too great an environmental impact and has serious traffic implications. Recommend refusal.

REPRESENTATIONS

Oxford Preservation Trust Concerned about reopening quarry. Noise, blasting and traffic all contentious given the history of the site. Need to protect SSSI and achieve long-term restoration. Quarry is still a blemish in Green Belt. It needs strict conditions strongly enforced with financial consequences. Consider possibility of compulsory purchase of private road if landowner does not agree.

M L King, 5 Nourse Close, Woodeaton Please consider: Access Access not addressed in application. Application talks about surfacing of the access but excludes reference to the northern access. Agreement signed with Council to use northern access indicates that the access through Woodeaton inappropriate. 1959 appeal into refusal acknowledged access through Woodeaton was "very dangerous for lorry traffic and that the less it was used the better". Minister accepted Inspector's comment and said "some loss of amenity to the local residents and more quarry vehicles using the narrow winding road from Woodeaton to the A40 would substantially increase traffic dangers". More true in 1997 than 1959 as Woodeaton is more heavily used as a through road and accidents with lorries more likely. Environmental Issues Very sensitive archaeological and environmental area. Quarrying would be detrimental to the area. Blasting should not be allowed. Amenity Issues Quarry adjacent to a number of private dwellings. Reintroduction of quarrying and, in particular, blasting and vibration from heavy traffic would be unacceptable. As no quarrying has taken place for many years surely the case for quarrying use has lapsed and should not recommence.

David and Theresa Black, 10 Nourse Close, Woodeaton Strongly support Woodeaton Parish Meeting letter. Concerned about blasting. Previously blasting noise was intolerable and blasting made houses shake. Do not know whether technical proposals made are adequate to control noise. Hours that blasting take place are extensive. Urge Council to make adequate conditions controlling noise.

Marston Area Committee of the Oxford Preservation Trust Share concern of Woodeaton Parish Meeting that quarry should only be used for stone extraction. Strict enforcement to prevent other unauthorised activities is required. Most worrying feature is access. Original access into village is dangerous and unpleasant when used by lorries. Access should be via 1989 road to the B4027. The 1989 road is privately owned and the applicant has been unable to reach agreement on rent with the owner. The fear is that no agreement can be reached and it may prove impossible to prevent the old access being used.

Page 37 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL9

1. The development hereby approved shall only be carried out in accordance with this schedule of conditions and approved plans and details:

(i) 115/2R/1 Site Location (1:50,000) (ii) 115/2R/2 Site Boundaries (1:2,500) (iii) 115/2R/3 Topographic Survey (1:2,500) (iv) 115/2R/5 Proposed Extraction Contours (1:2,500) (v) 115/2R/6 Anticipated Restoration Levels (1:2,500) (vi) 115/2R/7 Noise and Blast Monitoring (1: 2,500)

Reason: For the avoidance of doubt and to ensure proper control of the quarrying.

2. Within 6 months of the date of issue of the mineral review conditions, details of a working scheme shall be submitted for the approval of the Mineral Planning Authority. Such scheme shall include the phasing of workings to avoid isolation of the lorry access, details of fixed plant to be used on site, details of any new office, new messroom and new weighbridge to be erected, details of screen bunding, details of any wheelwash to be installed. From the date of its approval no working shall take place that is not in accordance with the approved scheme unless the Mineral Planning Authority agree otherwise in writing.

Reason: To allow the Mineral Planning Authority to adequately control the development to minimise the impact on the amenities of local people.

3. Any wheelwash that is approved under condition 2 above shall be made available for use within six months of the approval of the working scheme unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To prevent the deposit of mud and dust on the public highway.

4. From the date of approval of these Mineral Review conditions to completion of the development, a copy of the permission including all documents hereby approved and any other documents subsequently approved, in accordance with this permission, shall always be available at the site office for inspection by the Mineral Planning Authority during normal working hours.

Reason: In accordance with the Mineral Review legislation.

5. All mineral extraction from the site shall cease, and the site shall have been restored in accordance with Condition 31, on or before, 22 February 2042.

Reason: In accordance with the Mineral Review legislation.

6. Within one month of approval of these conditions the operator shall have inspected the perimeter of the site and erected stockproof fencing where no proper fencing exists and appropriate warning signs.

Reason: To ensure the safety of the public.

7. Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing or re-enacting that Order):-

Page 38 (a) no waste materials, other than mineral waste from the processing of minerals on the site, shall be deposited at the site; and (b) no aggregate minerals shall be imported to the site for any purpose whatsoever; unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To protect the amenities of the area and to prevent pollution of the water environment.

8. The amount of extracted mineral leaving the site shall not exceed a level of 100,000 tonnes per annum, over the time period between the approval of these conditions and 22 February 2042 and shall average no more than 50,000 tonnes per annum, calculated on a 5 yearly basis.

Reason: In the interests of highway safety and local traffic flow.

9. The operators shall maintain records of their annual output and shall make them available to the Mineral Planning Authority at any time upon request. All records shall be kept for a minimum period of 3 years.

Reason: In order that the Mineral Planning Authority can monitor the output of the site.

10. Except in emergencies to maintain safe quarry working (which shall be notified to the Mineral Planning Authority as soon as practicable) or unless the Mineral Planning Authority has agreed otherwise in writing:-

(a) no operations, including mineral extraction and processing and processes necessary for the working of a stone merchant, shall be carried out at the site other than between 0730 hours and 1800 hours Monday to Friday and between 0830 hours and 1300 hours on Saturdays (and at no time on Sundays, or public holidays); (b) no servicing, maintenance or testing of plant shall be carried out at the site between 1900 hours and 0730 hours Mondays to Fridays and 1600 hours and 0730 hours on Saturdays (and at no time on Sundays, or public holidays).

Reason: To protect the amenities of local residents.

11. No mineral extraction shall take place below 70m AOD.

Reason: To comply with restoration conditions and to protect the water environment.

12. No access to or from site other than via that approved under planning permission reference P298/89 shall be used by heavy goods vehicles or commercial vehicles unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of highway safety and to protect the amenities of the area.

13. No access shall be gained to the quarry except by emergency service vehicles, and vehicles driven by those whose sole purpose is to visit the Site of Special Scientific Interest via the land marked in blue on approved plan 115/2R/2.

Reason: In the interests of highway safety and to protect the amenities of the area.

14. No access shall be gained via the land marked in blue on approved plan 115/2R/2 whatsoever until a barrier of design and construction details agreed in writing by the Mineral Planning Authority has been erected between the land edged red and the land edged blue on approved plan 115/2R/2 sufficient to prevent the passage of heavy goods vehicles and commercial vehicles.

Reason: In the interests of highway safety and to protect the amenities of the area.

15. The surfacing of the access, shown in blue on approved plan 115/2R/2 and referred to in condition 13, shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times until completion of site restoration and aftercare. Any deposit of mud or other material

Page 39 on nearby highways resulting from the development shall be removed.

Reason: In the interests of highway safety and to protect the amenities of the area.

16. No lorries loaded with aggregate material shall leave the site unless they are sheeted.

Reason: In the interests of highway safety and to protect the amenities of the area.

17. No vehicles shall enter the public highway from the site unless their wheels have been cleaned, where necessary, to prevent material being deposited on the highway.

Reason: In the interests of highway safety and to protect the amenities of the area.

18. Measures to be taken to prevent dust blowing off the site shall be the use of a water bowser to spray access roads, working areas and stockpiles. In the event of a justifiable objection on dust nuisance grounds notified to the operator by the Mineral Planning Authority in writing, then a mitigating scheme shall be submitted to the Mineral Planning Authority in writing, within one day of the Mineral Planning Authority's notification, and any that is agreed shall be implemented within forty-eight hours.

Reason: To protect the amenities of the area from the effects of dust arising from the development.

19. The water bowser/dust suppression equipment installed in accordance with condition 18 shall be kept within the site and in full working order at all times and shall be used to water areas within the site to control the raising of dust.

Reason: To protect the amenities of the area from the effects of dust arising from the development.

20. No blasting shall be carried out unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: To protect the amenities of the local area.

21. (a) 2 noise monitoring points shall be established at the points marked on approved plan 115/2R/7. (b) A noise limit based upon LAeq (1 hour) readings shall be agreed for the monitoring point within 6 months from the date of issue of these conditions. (c) Such limits shall be established by predicting (using methods defined by BS5228) levels necessary to achieve a general limit of noise from quarrying activity and associated operations of 45 LAeq (1 hour) at the facade of all noise sensitive properties. In the case of temporary operations, which shall not be other than those agreed by the Mineral Planning Authority in writing, and not for times greater than agreed by the Mineral Planning Authority in writing, a higher noise limit of 70 LAeq (15 minutes) shall apply.

Reason: To protect the amenities of local residents.

22. The stripping and movement of topsoil and subsoil shall only be carried out when they are dry and friable.

Reason: To minimise the loss of soil and subsoil for restoration.

23. No audible system of warning of vehicle reversing shall be used.

Reason: To protect the amenities of local residents.

24. All mobile plant, equipment and vehicles under the control of the quarry operators and in use, or calling at the site, shall be fitted with appropriate silencing equipment, which shall be maintained

Page 40 to the manufacturer's standards.

Reason: To protect the amenities of local residents.

25. All plant and machinery on site, except for mobile plant, shall be coloured 12B29 woodpecker/holly green, as specified in BS colour code 4800 or its nearest available equivalent.

Reason: In the interests of the amenity of the local area.

26. On completion of quarrying operations, or the 22 February 2042, whichever is the sooner, all plant, buildings, equipment, vehicles, scrap machinery and any other extraneous material shall be removed from the site and the mineral review site restored in accordance with condition 31.

Reason: In the interests of the amenity of the local area.

27. In the event of the operator wishing to install external lighting then details of a scheme of lighting the quarry shall be submitted to and approved by the Mineral Planning Authority. Any external lighting shall not be carried out except in accordance with the approved scheme unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: To protect the amenities of local residents.

28. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The size of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents and sight glasses must be located within the bund. There shall be no drain in the bund floor or walls.

Reason: To minimise the risk of pollution of watercourse and aquifers.

29. There shall be no discharge of contaminated drainage from the site into any ditch or watercourse.

Reason: To minimise the risk of pollution of watercourse and aquifers.

30. Tree, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which, within 5 years of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed, in writing, with the Mineral Planning Authority.

Reason: To ensure that the site is reclaimed in an orderly manner to a condition capable of beneficial afteruse and in the interests of the amenity of local residents.

31. Within five years of the date of issue of the mineral review conditions, or such later date that the Mineral Planning Authority may agree, a restoration scheme for the whole of the site, including a five year aftercare scheme, shall have been submitted to the Mineral Planning Authority for approval and shall be subsequently implemented in accordance with the approved scheme or as otherwise agreed in writing with the Mineral Planning Authority. The submitted scheme shall include provision for:-

(i) a mixed agriculture and nature conservation afteruse or other beneficial afteruse which does not otherwise require planning permission; (ii) the species to be planted and total number to be planted and the percentage of the total to be accounted for by each species; (iii) the preparations to be made to the ground before planting and/or seeding and the method of planting and/or seeding; (iv) the fencing off of planted and/or seed areas where considered necessary by rabbit proof fencing or other suitable deterrent method; (v) subsequent maintenance and aftercare for five years after the planting and/or seeding has been carried out which shall include the control of weeds where necessary;

Page 41 repairing any damaged fencing and the replacement of any plants which die; (vi) the benching or tiering of the final working faces to facilitate access for geologists; (vii) final restoration levels below the level of the adjacent land; (viii) final fencing of the perimeter of the site; (ix) the import of subsoil and topsoil. Notwithstanding condition no 7 subsoil and topsoil may be imported for the purposes of restoration. The amount shall only be as agreed by the Mineral Planning Authority.

Reason: To comply with the requirements of Schedule 5 of the Town & Country Planning Act 1990 and to ensure that the reclaimed land is restored in an orderly manner to a condition capable of beneficial afteruse.

32. Topsoil, subsoil and overburden shall be stored and respread separately. No topsoil, subsoil or overburden shall be removed from the site.

Reason: In the interest of proper restoration of the site.

33. Any new stockpile of materials within the site shall not exceed a height of 6m or unless as otherwise agreed by the Mineral Planning Authority.

Reason: To protect the amenities of the area.

34. From the date that these Mineral Review conditions come into force no quarrying or any operations associated with quarrying shall take place until any existing waste, other than that arising as a result of quarrying activities, has been removed off-site and deposited at an appropriately licensed waste management facility.

Reason: To prevent pollution of the water environment.

35. No vehicle wash waters shall be discharged to the surface water system.

Reason: To prevent pollution of the water environment.

36. Material imported into the site for restoration purposes shall not comprise other than clean, uncontaminated wholly inert, soils and subsoil.

Reason: To prevent pollution of the water environment.

37. From the date that these Mineral Review conditions come into force no quarrying, or any operations associated with quarrying, shall take place until surface water drainage works have been carried out in accordance with details which shall be submitted to and approved in writing by the Mineral Planning authority before development commences.

Reason: To prevent the increased risk of flooding.

Page 42 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM) Report by the Director of Environmental Services Division(s) affected: Wroxton

Introduction

1. Three applications have been received for working ironstone in the Balscote-Hornton-Wroxton site. They have been made by (i) S Grundon (Ewelme) Ltd, (ii) Peter Bennie Ltd and Christchurch College, Oxford and (iii) Peter Bennie Ltd and British Steel. They are each for different areas within the site.

2. The applications were made in response to the requirements of the Environment Act 1995. This Act requires that, in order to keep old mineral permissions (ie those granted between 1948 and 1982) alive, owners or operators had to apply for new planning conditions to the Mineral Planning Authority (MPA). The MPA had to produce a list of sites, comprising one or more permissions, where new conditions should be applied to the old permissions, and also had to timetable the submission of applications for new conditions. This Authority defined the Balscote-Hornton-Wroxton site. The site comprises the areas covered by four planning permissions for working the marlstone (ironstone) and any minerals above that, 1899/9/3, 1899/9/9, 1899/4009/11 and 1899/4009/12. These permissions were granted between 1953 and 1957 by the Minister of Housing and Local Government. Two of these grants followed a local public inquiry. The conditions of the old permissions are set out in Annex 1.

3. The applicants were required to submit their proposals for new conditions in the applications and to do so by 1 February 1997. The proposed new conditions are set out in Annex 2 together with my comments and changes to conditions that I recommend. The MPA are required to treat the three applications as one and in this report they will be referred to as the application. They are also permitted to modify or add to any of the proposed conditions but if they do so they may have to pay compensation to the applicants if `the effect of the restriction would be such as to prejudice adversely to an unreasonable degree either the economic viability of operating the site or the asset value of the site'.

4. The MPA are also required to produce one set of new conditions only for the whole site. The MPA cannot refuse to issue new conditions unless it is prepared to revoke the permission and pay compensation.

5. When new conditions, which differ from those proposed, are issued and the effect of them is to restrict working rights further than the existing conditions then the MPA must provide a separate notice with the new conditions. The notice must say that the conditions do differ from those submitted, state that working rights are further restricted and how they are restricted and state whether `unreasonable prejudice' would result. If the notice says they are unreasonably prejudiced then compensation would be payable. If it says not the applicants can appeal both against the conditions and the notice.

The Site

6. The Balscote-Hornton-Wroxton (BHW) site is very big. It stretches almost 2 kilometres from west to east and over 4 kilometres from North to South. It lies 2 kilometres to the west of Banbury.

7. Ironstone is an iron-rich limestone which is, typically, 5-7 metres thick and forms the top layer of a flat plateau. Ironstone extraction has taken place since the 1950s and over half the permitted area has been extracted with the great majority of that restored to agriculture at a level some 5 metres below adjacent land levels.

Page 43 8. There are 19 discrete areas left where working could take place. 18 of them are included in the application. Working is currently taking place in only one of these areas: Hornton Grounds Quarry. It is operated by Peter Bennie Ltd and is included in the Peter Bennie/British Steel application.

9. The BHW site comprises agricultural land almost entirely, both worked and restored land. Hornton Grounds Quarry lies to the south of Hornton village. Alkerton is at the western end of the BHW site and Wroxton at the eastern end. Horley is at the north-east corner and Shutford just beyond the southern end. Balscote is surrounded by the BHW site and is close to the southern boundary. Steep sided valleys describe the western, southern and northern boundaries. There is a limited amount of woodland, a nature reserve is in the north east part of the BHW site and the County Council's Alkerton landfill and civic amenity site is within the BHW site on its western boundary. A sewage works lies on the southern boundary just north of Shutford. The areas proposed for working are all agricultural land.

10. A number of properties lie within the BHW site but none are included in the working area of the application. Buildings associated with the old Wroxton railway terminus are within the BHW site approximately 1 kilometre to the north-west of Wroxton. They are used for small scale industrial or storage use.

11. The A422 road from Banbury to Stratford runs through the middle of the BHW site. It passes through the centre of Wroxton and Drayton villages before reaching Banbury.

Site History

12. Working has taken place continuously on the BHW site since the 1950's. Until recently stone was excavated following blasting. From the 1950's until the late 1960's the stone was transported within and from the BHW site by rail. Two large railway bridges remain under the A422. Stone was transported to the works at Corby for use in making iron and steel. From the late 1960's all stone was removed by road and more recently was used as an aggregate. Stone continued to be sent to steel works in South Wales until about five years ago for use as a flux. All stone is now used exclusively for aggregate, blasting is no longer carried out and any mineral waste is retained on site and used in restoration.

The Applications

13. S Grundon (Ewelme) Ltd. have applied to work twelve separate areas of land totalling 145between Balscote, Wroxton and Horley; Peter Bennie/British Steel five areas totalling 92.5 hectares between Hornton, Balscote and Shutford; and Peter Bennie/Christchurch College one area of 9.2 hectares between the County Council's Alkerton landfill site and the A422. The total area within the application for extraction is 246.7 hectares. In addition, land at Southfield Farm contains ironstone. Although it is not in an application area, the new conditions will apply to it. It totals 18.4 hectares.

14. Mineral lies under several of the properties within the site but, again, they are not included in the application and working there would be impractical. Several of these properties have asked that working should be excluded from their properties by condition. These properties are Old Quarry and Crowborough at Wroxton Heath, Toad Hall at Alkerton Hill, Friars Hill near Wroxton, the Scout Camp near Horley and the BBONT Nature Reserve near Horley.

Grundon's Proposals

15. Grundons have made no detailed proposals for working. They propose that some details of working, access, noise and dust control, will be submitted before development commences. Other details of working and restoration of any area will also be submitted before working commences in those areas.

The proposed extraction end date is sixty years from the date conditions are approved with restoration complete two years later. No start date is given. Hours of operation are 0700-1800 hours Mondays to Fridays and 0700-1300 hours Saturdays. Workable mineral amounts to 4.6cubic metres and mineral waste to 0.7 million cubic metres. Blasting is not proposed.

Page 44 16. Detailed schemes of working and restoration have been `reserved' by condition to allow more detailed information to be obtained on the nature of the deposit. All the asset has been included for working except for support to adjoining land or where no economical deposit exists. They state that they are happy to consider the issue of buffer zones when producing more detailed proposals. Soil storage areas have been shown and mineral stockpiles will follow the working face.

17. Once new conditions are approved Grundons are willing to enter into agreements to provide for additional environmental improvements such as traffic routeing.

Peter Bennie Ltd and British Steel's Proposals

18. Peter Bennie and British Steel (PBBS) have made detailed working and restoration proposals for one area: the present quarry at Hornton Grounds. They propose to reserve working and restoration plans for the remaining four areas until schemes of working, visual, dust and noise screening, access, restoration, landscaping and aftercare have been submitted and approved by the MPA. No preplanting of screening vegetation is proposed at Balscote. The end date for working is the end of 2042.

19. At Hornton Grounds working will take place generally west to east but with the final phases adjacent to Hornton village. Working is not proposed to break the skyline adjacent to the village, which is in a valley below the working area, or the valley to the west. Mineral is dug to a depth of 5 metres by an excavator sitting on top of the deposit which feeds a mobile crusher and screener on the quarry floor adjacent to the working face. Mineral is stocked on the quarry floor and waste is moved directly to areas being restored. Up to 40% of excavated material is waste. Approximately 6 hectares is worked and another 6 hectares restored each year. Stripped subsoil is taken to areas to be restored and topsoil is used in bunds. The quarrying area will be limited to 12 hectares in extent.

20. Recent rates of working have averaged 350,000 tonnes per annum with 350 lorry loads taken off site each week. Maximum levels of extraction are 500,000 tonnes per annum. This maximum should be allowed for in conditions with a procedure for exceptional needs. 95% of lorries travel through Wroxton to the principle markets of Milton Keynes and Northampton. An internal tarmaced road 650 metres long is constructed into the site where a site office, wheel wash, weighbridge and conservation stone dressing area is located. Conservation stone is block stone used for building. Haul roads within the site are constructed on the quarry floor.

21. The quarry is working towards Hornton and the residents have been concerned for some time about noise and dust.

22. PBBS have made the following proposals when working is within 325 metres of the village:-

(a) the face will be worked towards the village; (b) the face will be perpendicular to the shortest line between the quarry and village; (c) temporary 4 metre high bunds will be constructed at the side closest to the village for each phase; and (d) bunds will be grassed to reduce dust blow.

23. When working comes within 80 metres of the limit of consent residents will be warned when noise levels will exceed 50 dB LA eq 1 hr. For the whole of the Hornton Grounds quarry noise levels are proposed not to exceed between 46 dB and 53 dB LA eq 1 hr free field (the average noise level of all the activities measured over one hour at a location away from surfaces which could reflect and distort noise readings) with a 65 dB limit for soil stripping and bund construction.

24. The wheelwash and 650m tarmaced road will prevent mud on the road although ironstone stained water works may occur. This road is swept regularly. Extraction and crushing are not dusty as the rock is wet. Haul roads are kept free of mud by a scraping machine. Stockpiles are sprayed to lay dust. Dust will be monitored in Hornton in accordance with an agreed scheme.

25. Hours of operation are 0600 to 1800 hours Mondays to Fridays, 0600 to 1300 hours on Saturdays.

Page 45 Soil stripping and bund construction would be the same except with a start at 0800 hours.

26. Floodlighting would be in accordance with a scheme to be agreed.

27. Stripped soils will be directly replaced on areas for restoration unless needed in bunds. They will only be moved when dry and will not be trafficked over. If compacted they will be ripped. Artificial drainage is not needed as the soils are loose and dry.

28. Hedgerows will be reinstated and trees interplanted, 5 years of aftercare will take place but land will ultimately be used for arable farming.

Peter Bennie Ltd and Christchurch College Oxford's Proposals

29. Peter Bennie and Christchurch College (PBCC) have made detailed working and restoration proposals for their one area of working. It is proposed to work conservation stone here. Working will be limited to 3-5 days per month with 0.25 hectares worked and restored each year.

30. Initial operations will be to remove sufficient overburden and subsoil to create a permanent landscaped bund to Heath Farm. The mineral overburden will be removed to Hornton Grounds and crushed for aggregate and will generate 25 lorry loads a month. Walling stone and block stone will be removed to Hornton Grounds Quarry on a daily basis for dressing. 7,200 tonnes per annum will be extracted. There will be 2 lorry loads a day.

31. Blue stone at the base of the quarry will also be worked. It is likely to be worked by drilling and wedging and will be sent to Edge Hill Quarry for sawing. No fixed plant will be stationed on the site.

32. The proposal shows a one metre strip of unworked land on the western boundary with a new face opened up within the site. On the eastern and southern boundaries adjacent to the highway hedge and tree planting is proposed.

33. Hours of operation proposed are 0700-1800 hours Mondays to Fridays and 0700-1300 hours on Saturdays. A maximum noise level of 55 dB Leq 1 hr freefield is proposed when measured at Heath Farm to the south-east except when soil is stripped when the level shall be 65 dB. A dust monitoring scheme is proposed to be submitted. Dust control will be by means of high pressure unit spraying water. It is proposed to divert footpaths crossing the site to the southern, eastern and northern boundaries of the site. Blasting is specifically excluded. A maximum working area of 0.5 ha (excluding static operations) is proposed. A portable wheelwash is proposed.

34. Restoration to agriculture is proposed in accordance with a scheme to be submitted. An end date of working of the end of 2042 and completion of restoration within one year of that is proposed. Restoration techniques will be the same as proposed for Hornton Quarry. Aftercare is also proposed.

Consultations and Representations

35. The consultation replies are set out in Annex 3. The annex includes consultation replies on additional material submitted by PBBS and PBCC.

36. Representations are set out in Annex 4. There were 42 objectors and their objections are set out in tabular form. In addition a petition with 194 signatures was received and its wording is paraphrased in Annex 5.

37. The Wroxton and Balscote Action Group commissioned a report from a Geologist/Environmental Consultant. The main points from the report are set out in Annex 6.

Comments of the Director of Environmental Services

38. The bulk of my comments on the conditions proposed by the applicants are set out in Annex 2 together with my recommended conditions. However, there are some important aspects of the control of the BHW site which are not covered by proposed conditions and which should be dealt

Page 46 with in detail. These are;

(a) compensation for restricting working rights; (b) phasing of working; (c) limiting lorry traffic; and (d) unworked buffer zones.

39. Comments on these are set out under sub-titles.

Compensation for Restricting Working Rights

40. This application has been made under the new legislation for Review of Old Mineral Workings set out in the Environment Act 1995. The legislation involves updating the conditions on old permissions but the scope for such updating is tempered by the requirement for MPA's to pay compensation if they `unreasonably' modify the submitted proposals. There is no experience in planning legislation of what `reasonable' might mean, although there is some guide from the Courts on compensation cases under other legislation, and compensation claims could be very large.

41. This application is particularly complex as it involves three separate submissions on separate areas of land within the site by two commercial rivals; Peter Bennie and Grundons. Both are keen to work their parts of the site independently of the other and have submitted conditions to that end.

42. However, the legislation is clear, and the Department of the Environment, Transport and the Regions (DETR) has emphasised in correspondence, that the submissions should be dealt with as one application and that only one set of conditions can be issued by the MPA. They point out that owners and operators were encouraged to make joint applications. If the site is considered to be as one then there is no requirement for the MPA to automatically permit three separate workings. Rather it should look to its policies to see what the best planning solution would be for working the BHW site. Furthermore, the DETR point out that compensation claims can only be made if the MPA and the DETR, following appeal, are both persuaded that `the restriction of working rights would be such as to prejudice adversely to an unreasonable degree either (i) the economic viability of operating the site; or (ii) the asset value of the site'.

43. The DETR further states `It follows therefore than an MPA can restrict working rights in respect of an active site without a liability to pay compensation. Compensation only arises where, in the MPA's opinion, the restriction would prejudice the economic viability or asset value of the site (ie not the individual permissions comprised in the site) to an unreasonable degree.' Therefore, as long as the BHW site can be worked `reasonably' an individual operator can be adversely affected without compensation being payable.

44. The Environment Act sets out what constitutes a restriction of working rights. If the following are restricted or reduced, there is a restriction of working rights:-

(a) the size of the area used for mineral working; (b) the depth of mineral working; (c) the height of deposit of mineral waste; (d) the rate of working; (e) the rate of mineral waste deposition; (f) the end date of working; and (g) the total quantity of mineral won.

45. If any of these apply and the economic viability, or asset value of the site, is `unreasonably prejudiced' compensation may be payable. As long as the total restrictions are not prejudiced adversely to an unreasonable degree then compensation should not be payable. There is no experience in the Planning Acts on what `reasonable degree' might be. Case law from other legislation shows that restrictions of up to 10% of value may not be unreasonable but restrictions of over 15% may well be. There is also no guidance on what `reasonable' refers to: it does not say whether reasonable applies to planning or financial criteria but it is assumed it must be related to planning criteria as the Inspector in a recent IDO conditions inquiry decision in Wales found that although the conditions imposed by the Council did significantly affect the economic viability and

Page 47 asset value they did not do so unreasonably.

46. At the BHW site there are good cases to be made for restricting the working rights. The report goes into the details of restrictions needed. The size of area, rate of working and total quantity of mineral won could all be restricted in order to reduce adverse environmental effects on local villages. The report details the effects and the restrictions deemed necessary to alleviate the effects. The advice of the Mineral Valuer has been sought to ascertain whether the restrictions deemed necessary would be significant in valuation terms. In addition, a local resident has written on the same topic to prove that restrictions on the Grundon's working would not result in significant restrictions on them. The Mineral Valuer states that the permitted rate of working is the main determinant of valuation. The total tonnage of ironstone still available for working is 13,715,840 tonnes. If the rate of working is restricted to 500,000 tonnes a year (about double the present working rate but equal to the current capacity of the site) then the site would take 27to work out at the earliest. The value of stone worked in later years is virtually nil. The restriction now proposed, together with unworked 100 metre buffer zones proposed by the Environmental Health Officer would, in the opinion of the Mineral Valuer, only reduce the valuation by around 5%, a figure which is not considered to be significant or unreasonable and, therefore, would not be likely to attract compensation. The Mineral Valuer is doing some more detailed work on the extent of reduction in value which I will give at the meeting. It should be noted that any condition which proposed a possible additional buffer zone based on future noise surveys would probably not attract compensation.

47. As this is new legislation it cannot be guaranteed that a restriction of 5% would be considered as reasonable. The applicants can appeal against any County Council notice. They could say that it was not reasonable and the matter would be decided by the Secretary of State or a Planning Inspector following an Inquiry. However, the DETR guidance in MPG14 is that the Secretary of State or Inspector would reconsult all parties if, in his opinion, any condition which he would want to confirm or determine would impose further `unreasonable' restrictions. Only then would he issue new conditions. Such a reconsultation is potentially a `bargaining' process where the Secretary of State or Inspector would impose the best environmental conditions that would not attract compensation. However, that cannot be guaranteed. On balance it is probably safer to impose the restrictions proposed.

Phasing of Working

48. The principles in paragraph 33 are important when considering the BHW site. Bennies have been working ironstone for aggregates and, on a lesser scale, conservation stone in their part of the site for many years and are currently operating at Hornton Grounds. They have reserves in that area to last 10 to 15 years. They are operating at a level below capacity. No other company has operated in the BHW site since British Steel stopped working it purely for iron ore in the 1960's. Bennies have operated two quarries from time to time, the last being when the M40 was being constructed and demand was high. At that time many complaints were received about the effects of lorry traffic particularly in the villages of Wroxton and Drayton. It seems, therefore, sensible to limit working in the site to one area. This principle is endorsed by the Structure Plan. Structure Plan policy M15 (and Deposit Structure Plan Policy M7) provide for permission to be granted only if the land is `progressively restored'. It states in paragraph 121 that `Policy M15 seeks to ensure that the minimum amount of land is scarred by mineral working at any time'. The Minerals and Waste Local Plan expands on this. In paragraph 4.4 it states `The County Council's approach to the location of workings, in both the Structure Plan and this Local Plan, is to concentrate mineral extraction in specific areas (see Chapter 7). This is to minimise the geographical disturbance caused and to concentrate resources in order to achieve satisfactory restoration and after use. The aim is to ensure a steady supply of minerals for the industry from identified areas, while at the same time giving residents and others a clear idea of where working is and is not likely to be permitted'. The Code of Practice in the Plan points out the need for minimising the amount of land disturbed by mineral working (section 13) and the need for phasing (section 4 (c)(i)) in any application.

49. The policies were not designed specifically for the present situation where permission already exists but do point to the need to limit working to protect the environment. In this case the present Hornton Quarry is meeting local and regional needs and there is no need to open up another quarry producing the same product. There may be a case for another working producing different materials

Page 48 and that is considered in my comments in Annex 2.

50. Therefore, there should be a condition on the site limiting working of aggregates to one area at a time (recommended condition no 3). It would have the effect of ensuring that the workings progress relatively quickly in an area with subsequent swift restoration. It would not limit the capacity of the site to meet demand. The obvious first phase would be the Hornton Grounds Quarry because it is currently in operation. Another condition could require the submission of a phasing plan, the main principle of which would be to ensure that working close to villages was the last operation.

51. However, one operator, Grundons, is unhappy with a proposal for such phasing as it prevents them working for at least 10 to 15 years. They state that they would appeal against any such condition and seek compensation. As the condition is backed by policies in the Structure and Local Plans and as compensation is payable only if the working of the BHW site is unreasonably affected I would not expect compensation to be payable if the Appeal Inspector upholds the condition.

Limiting Lorry Traffic

52. The section of A422 through the site, although a principal road, is not part of the County's main highway network. As such, through traffic, particularly lorries, are not encouraged to use it. Through Wroxton in particular the road is relatively narrow and has sharp bends, and passes through the village's conservation area.

53. Guidelines published by the Institute of Environmental Assessment suggest the threshold for consideration of environmental impact is where traffic flows and/or heavy goods vehicles are likely, in sensitive areas such as conservation areas, to increase by 10%. Traffic flows through Wroxton are estimated to be back to their pre-M40 levels. The environmental benefits of the through traffic transferring to the motorway have been gradually eroded since the M40 extensions opened in 1991. Any further erosion of environmental conditions in the village by increased passage of heavy lorries would be contrary to the aims of the County's Governmental strategy and the Structure Plan. It would be prudent therefore to limit the growth of minerals traffic through the village. This can be managed by relating the lorry movements to the average mineral output per annum.

54. Recommended condition 7 sets out the form of a suitable condition to limit mineral output, but does not propose a tonnage ceiling. Up to date traffic information is currently being assessed and the Sub-Committee will be advised orally on the results and on an appropriate ceiling on lorry traffic growth and its effect in terms of minerals output for inclusion in the condition. If the applicant wishes to raise the ceiling officers recommend that a full Environmental Impact and capacity study for Wroxton and A422 must be available prior to any determination of the issue.

55. An objector has asked whether road access is permitted at all bearing in mind that, originally, all mineral was exported by rail. The permissions do not limit the form of access to the quarry by condition or require the permission to be carried in accordance with proposals. As the railway link is now some miles away it would be unreasonable and impractical to require rail access. Road access is the only feasible option.

56. The Balscote and Wroxton Action Group's Consultant's report recommends that the applicants present traffic volume predictions. The applicants do not need to present traffic volume predictions now. Whatever the traffic volumes that might be proposed the most important planning consideration is the effect of that traffic in Wroxton and the need to limit it to acceptable levels. Those levels are defined in this report and can be further refined by the operators through compliance with a condition.

Unworked Buffer Zone

57. The residents of Balscote and Wroxton have been particularly concerned about the proximity of working to their villages. The permission at Balscote abuts the end of gardens and otherwise is in close proximity to the northern, western and southern boundaries of the village. Houses look across land to be worked, particularly to the west, without any visual barriers. The nothwestern and western end of Wroxton is in close proximity to permitted areas with no visual barrier or only low hedges. The residents in these villages want unworked buffer zones to protect them against

Page 49 working. 350 metres is the most common distance wanted, based on the Minerals and Waste Local Plan Code of Practice.

58. The residents of Hornton have not objected to the quarrying as the village is protected from the operations by the lie of the land. The village lies in a valley and the quarry will not break through the skyline.

59. The applicants have not offered any unworked buffer zones in their proposed conditions.

60. The Minerals and Waste Local Plan policy PE3 provides for an appropriate buffer zone (unworked land) for protection against unacceptable losses of residential or natural amenity. The Plan says that 350 metre buffer zones to villages, and 100 metres to individual properties, have been policy since the 1970's and that the County Council should have regard to those standards and the individual circumstances of the site and other measures used to mitigate the effect of the development.

61. It is not Local Plan policy to provide 350 metre buffer zones to villages in all circumstances. The distance required must be sufficient to protect `against losses of residential or natural amenity'. For villages this means that noise, dust and visual amenity must not suffer.

62. The local residents have been told that buffer zones of 350 metres were being considered. The views of the Environmental Health Officer and the compensation implications of restricting the working area were also to be considered.

63. The Cherwell District Environmental Health Officer (EHO) recommends that a combination of buffer zones and environmental barriers (bunds) be used to reduce the impact of visual, noise and dust intrusion. In order to get a minimum requirement for limiting visual intrusion a buffer zone of 100 metres to all residencies seems sensible (recommended condition no 5). At that range bunding would not be visually oppressive. Tree planting in the buffer zones would give reasonable visual protection over time.

64. 100 metre buffer zones are unlikely to be sufficient for Balscote and Wroxton. Additional buffer zones and bunding may well be needed. The EHO suggests surveys of both background and quarrying noise levels to assess what combination of additional buffer zones and bunding would be necessary. No more than a 5 dB increase in noise levels should be allowed at residencies if workings are not to be intrusive. Surveys should be carried out immediately before working as quarrying and background noise levels will change with time (recommended condition no 62).

65. The Wroxton and Balscote Action Group`s report states that a noise prediction plan should be carried out. Noise amelioration measures should be proposed. Noise bunds should be specifically designed for the location intended. The consultant's report links the size of buffer zones and bunds to the ability to reduce noise and visual impact for residents. It does not propose extending buffer zones to meet Minerals and Waste Local Plan guidelines. It broadly supports the EHO's proposals.

66. It is unlikely that Balscote and Wroxton residents will accept the suggestions for a 100 metre buffer zone and additional buffer zones and bunding based on noise surveys. They do not guarantee the degree of environmental protection that 350 metres would give them.

67. It is also unlikely that the applicants will accept these suggestions. If they had felt the villages had needed additional protection they would have already proposed it.

68. It is probable that any buffer zone condition agreed by this Sub-Committee would be challenged at a Public Inquiry. The County Council would have to satisfy the Inspector that the buffer zones were required for protecting the amenities of villages. The suggestions made in this section are more defensible at Inquiry than either the objectors' or applicants'.

69. The 100 metre buffer zones limit the scope of compensation claims.

70. It should be emphasised that the combination of buffer zones and bunds will give good noise, dust

Page 50 and visual protection for residents. It will certainly give better protection than the present planning conditions afford.

71. 100 metre buffer zone proposals are set out in the plan. There should be conditions restricting working within them but allowing activities such as bund formation and pre-planting to take place there (recommended condition nos 5 and 6). Pre-planting ensures good visual screening before extraction nears a village. Planting is advocated by MPG14 and the Minerals and Waste Local Plan Code of Practice.

72. In some areas it is clear that unworked buffer zones of more than 100 metres are needed now. They are north of Balscote, at Alkerton and at Horley.

73. The land north of Balscote slopes down to the village. The top of the slope is some 200 metres away. It seems sensible to create a 200 metre buffer zone to give proper protection to Balscote.

74. Horley village is built on a hillside facing south. Across the valley the area to be worked faces north. There is no practical way of screening working at Grundon's area 5 from Horley. Virtually the whole of that area is within 350 metres of Horley and working has the potential to cause disturbance through noise for the whole of the village. This site, therefore, should be excluded from working in entirety (recommended condition no 5).

75. Working of a small area at Alkerton is immediately adjacent to the village and should be excluded from working in entirety in order to protect the amenities of the village.

Other Environmental Matters

76. The lack of a working and restoration plan for all but Hornton Grounds Quarry has been a source of objection. Objectors want to know when and how a site is to be worked and how their environment will be protected against that working. Both applicants say that because the start date of working could be many years ahead they cannot say now how they might work it. They do not want to invest significant sums in surveying and in designing working and restoration schemes if those schemes need to be revised in the light of improved technology. They say it is more sensible to `reserve these schemes until the time comes to work the areas'. Their suggestions are sensible. It allows the MPA to obtain the most up to date working and restoration scheme possible. In the event the mineral permissions for the site are required, by the provision of the Environment Act 1995, to be updated again in fifteen years time. It is unlikely that much land outside Hornton Grounds Quarry will have been worked by then and the matter of working and restoration schemes can be reconsidered then. However, the uncertainties of future working will be lessened by the provision of unworked buffer zones, bunding and preplanting of screening vegetation.

77. The reserved working condition should cover many of the matters that concern local people and consultees such as how to protect the power lines, reversing signals, protection of water supplies, surface water drainage, protection of badger setts and hedgerows, details of excavation operations including phasing, details of all plant, buildings and structures used, soil movement and storage and stockpiling of minerals. Details of bund heights and construction should also be agreed. Whilst there are proposed reserved working conditions they should be expanded to cover all these points.

78. Objectors have said that certain of the areas proposed for working are too small to work economically. That may or may not be the case but it is not a planning consideration. Provided the area proposed for working can be worked without adverse environmental consequences then its size is of no consequence.

79. Objectors have said that operating companies must be accredited ISO 9002. There are no planning requirements for companies to be so accredited and a condition requiring it would be unreasonable.

80. There has been concern that quarrying would damage the BBONT Horley Nature Reserve. However, for traffic and buffer zone reasons it is proposed that the quarrying next to the reserve is excluded. In any event, English Nature have not objected to the application.

Page 51 81. There has been a request for an Environmental Impact Assessment (EIA) before a decision is given. EIA is not a requirement of Minerals Review. EIA is partly carried out to find out whether permission should be granted. Minerals Review sites already have planning permission.

82. The Wroxton and Balscote Action Group and the Wroxton Parish Council asked the local MP, Tony Baldry, for help. He met with both British Steel and Grundons to ask for concessions. He says that Grundons are in close discussion with local residents to try to find an acceptable way through. Whilst that may be the case, it has not led to any changes to Grundon's proposals. British Steel were not prepared to make any advance concessions because they have not decided how to progress future work, which is of little consolation to local people who want to know what will happen. British Steel say that Bennies has managed perfectly well at Hornton without too much disturbance and can continue to do so. Despite British Steel's statement the villagers of Hornton have expressed concern in the past about workings nearing their village. Good environmental conditions are needed. It is proposed that dust monitoring and control takes place. That, combined with the natural screening from unworked land and soil banks above the village, should give good environmental protection for Hornton.

83. Many objectors have objected to the possibility of landfill taking place in the site. The permissions which constitute the BHW site make no reference to the deposit of wastes nor do the proposals for new conditions except for mineral waste from the quarrying. As there is local anxiety about landfill it would be sensible to add an informative to any new set of planning conditions stating that no wastes shall be imported to or deposited in the site with the exception of mineral extraction wastes arising from within the BHW site.

84. In conclusion, the set of recommended conditions set out in Annex 2 incorporates the conditions proposed by the applicants where these support the views of consultees and objectors, conditions which vary little from ones proposed but which meet the tests of conditions better ie they are necessary, relevant to planning, relevant to the development proposed, enforceable, precise and reasonable, and which are better environmentally. In addition, conditions are also attached which affect the rate of working, phasing and areas and amounts of mineral to be dug. These are ones most likely to be appealed and which may attract compensation. A notice restricting working rights will be attached to any determination of conditions. The notice will say that working rights are not unreasonably restricted and, therefore, compensation is not payable.

Environmental Implications

85. The environmental implications are set out in this report.

Staffing and Financial Implications

86. It is likely that if the conditions set out in Annex 2 are imposed on the site all the applicants will appeal. They will probably appeal against both the determination of conditions and the notice of restriction of working rights. An Inquiry is likely. The Inquiry will probably take a considerable amount of staff time and will have financial consequences. If the Inspector's decision is that compensation is payable then the financial implications could be considerable.

Implications for People Living in Poverty

87. There are none arising from this repor.

RECOMMENDATION

88. It is RECOMMENDED that:

Page 52 (b) a notice be issued accompanying the decision notice to the effect that although working rights would be restricted, the restrictions are not considered to unreasonably prejudice either the economic viability or asset value of the BHW site.

DAVID YOUNG Director of Environmental Services

Background Papers: File Ref. 8.1/3942/1 `Renewal of Planning Permissions 1899/9/3, 1899/9/9, 1899/40009/11 and 1899/40009/12 British Steel and Christchurch Alkerton, Hornton, Wroxton and Balscote' in Land Use Section of Environmental Services, County Hall

Contact Officer: John Duncalfe, Tel: Oxford 815356

6 February 1998

Page 53 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

1899/9/3

1. Excavation of minerals shall take place in the areas shown stippled or hatched diagonally on plan

2. All land from which overburden is removed in the course of mining operations shall be progressively restored to such levels and configuration as will facilitate natural drainage and permit the resumption of normal agricultural operations including the free movement of agricultural machinery on the surface of the land; and in the course of such restoration means of access shall be provided and any farm roads destroyed or damaged in the course of working shall be replaced or repaired as may be necessary for the carrying on of normal agricultural operations.

3. In the areas shown stippled or hatched diagonally on plan A, ancillary operations in connection with the winning and working of minerals under this permission shall be confined to such sites as may be agreed with the local planning authority or, in the absence of agreement, as shall be determined by the Minister.

4. The sites of any calcining operations shall be as may be agreed with the local planning authority or, in the absence of agreement, as shall be determined by the Minister.

5. If in consequence of the working of minerals under this permission any subsidence or other damage is caused either directly or indirectly to the land shown cross-hatched on the enclosed plans `B', the said land shall be restored to its former level and condition and otherwise made good as often as any such subsidence or damage shall occur; provided that this condition shall not apply in relation to subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes.

6. Notwithstanding the provisions of the Town and Country Planning General Development Order, 1950, permission shall be obtained under Part III of the Act for the construction of any railways, not being railways or sidings required for the movement of minerals or materials in the process of working or restoration within the permitted area.

7. All plant, foundations and machinery shall be removed at such time or times as it may be agreed with the local planning authority or, in the absence of agreement, as it shall be determined by the Minister that they are no longer required either for the purposes for which they were installed or for the restoration or subsequent use of the land, and the land thereafter shall be left in a tidy condition.

1899/9/9

1. No mineral excavation shall take place in the area shown hatched diagonally on the accompanying plan.

2. All land from which overburden is removed in the course of mining operations carried out after the date of this decision shall, within two years of the removal of such overburden, be restored after working to such levels and configuration as will facilitate natural drainage and permit the resumption of normal agricultural operations including the free movement of agricultural machinery on the surface of the land; and in the course of such restoration means of access shall be provided and any farm roads destroyed or damaged in the course of working shall be replaced or repaired as may

Page 54 be necessary for the carrying on of normal agricultural operations.

3. The operations shall be conducted in such a manner as shall not reduce or alter the amount of water flowing through or over the land or divert such flow away from the direction of the village of Balscote, and the undertakers shall take all practicable steps on any land to which this permission refers to remedy any such reduction, alteration, or diversion which occurs as a result of such operations.

4. No calcining operations shall be carried out within the area covered by this permission.

5. All plant, foundations and machinery shall be removed at such time or times as may be agreed with the local planning authority (or in default of agreement as shall be determined by the Minister) that they are no longer required either for the purposes for which they were installed or for the restoration of subsequent use of the land, and the land thereafter shall be left in a tidy condition.

1899/40009/11

1. All land from which overburden is removed in the course of mining operations shall be progressively restored to such levels and configuration as will facilitate natural drainage and permit the resumption of normal agricultural operations including the free movement of agricultural machinery on the surface of the land; and in the course of such restoration means of access shall be provided and any farm roads destroyed or damaged in the course of working shall be replaced or repaired as may be necessary for the carrying on of normal agricultural operations.

2. All plant, foundations and machinery shall be removed at such time or times as it may be agreed with the local planning authority or, in default of agreement, as it shall be determined by the Minister that they are no longer required either for the purposes for which they were installed or for the restoration or subsequent use of the land, and the land thereafter shall be left in a tidy condition.

1899/40009/12

1. All land from which overburden is removed in the course of mining operations carried out after the date of this decision shall, within two years of the removal of such overburden, be restored to such levels and configuration as will facilitate natural drainage and permit the resumption of normal agricultural operations including the free movement of agricultural machinery on the surface of the land; and in the course of such restoration means of access shall be provided and any farm roads destroyed or damaged in the course of working shall be replaced or repaired as may be necessary for the carrying on of normal agricultural operations.

2. All plant, foundations and machinery shall be removed at such time or times as may be agreed with the local planning authority (or in default of agreement as shall be determined by the Minister) that they are no longer required either for the purposes for which they were installed or for the restoration or subsequent use of the land and the land thereafter shall be left in a tidy condition.

Page 55 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

English Nature, DLA (Archaeologist), National Grid, Thames Water Utilities No objection.

Warwickshire County Council A public footpath runs on the Warwickshire side of the County boundary adjacent to the quarry. Consideration should be given to the physical protection and amenity of walkers when activities such as the storage of overburden are proposed.

Wroxton Parish Council Original permission granted in 1957 when need for iron ore was great. The permission should be reappraised on today's need for iron ore and on road aggregate and building stone. Therefore, large areas of permissions should be reduced to reflect the new needs. Reductions should be set, taking into account proximity of properties and road networks. Strongly urge the most rigorous conditions possible to create least disruption to our lives. Condition of greatest benefit to Wroxton and Balscote is a maximum buffer zone. The County Council recommends 350 metres. That limit MUST be applied as the absolute minimum safeguard. We appreciate that the County Council may be liable to compensation, but that is only a `maybe'. If it was required, it would be found even if it was at national level. On the other hand, compensation may well be rejected. Operating conditions proposed by Bennies with respect to noise, bunds, dust, wheelwash, access, maintenance, reversing signals, blasting, water protection, infilling and landscape enhancement all seem very reasonable. These standards should apply to all new workings. However, working hours should be altered to 0730 to 1800 from Monday to Friday and 0730 to 1300 on Saturdays. Bennies are an accredited company. You should insist all contracts are only offered to accredited companies. Conditions must protect our landscape before and after extraction. Planting of screening trees should take place now to protect from noise, dust and aesthetic pollution. It should take place at least 5 years before working starts. Protection of hedgerows and badger setts should be investigated. Landfill and landscaping should be sympathetic to natural landscape. Creation of a low, barren, arable wasteland is not acceptable. Immediate access to sites should be in line with present Hornton Quarry to safeguard the condition of local roads. Lorries will create hazards in Wroxton and Drayton. Consideration should be given to a new access road north of both villages, along the route of the old railway line. We are concerned that British Steel's application gives no detail of working methods at Balscote. Do they intend to work it differently to the Hornton area or do they have no immediate intentions to work it? More detailed proposals should be required by condition. In Grundon's Plot 10, the Parish Council own worked out land for which it receives rent from a tenant farmer. Grundons will not be allowed access across this land and should not be granted permission to work land without any mineral in it. How should the Parish proceed on this land? CPRE suggest Northamptonshire CC overturn their original permissions on the grounds that its present use as an aggregate is not in the spirit of the original permissions. Could not Oxfordshire follow a similar path? Although new permissions for aggregates could then be granted, it would be with modern conditions with 350 metre buffer zone and no compensation would be payable.

MAFF The land is likely to contain significant areas of best and most versatile land. MAFF wishes to carry out surveys so that land classification can be confirmed and a statement of physical characteristics produced. Restoration and aftercare should maintain and enhance long-term quality of land excavated for minerals. Recommends conditions aimed at maintaining and enhancing soil and drainage. Soils have been laid too

Page 56 thick on restored areas at Hornton Grounds Farm. They may need to be stripped to make up deficits elsewhere. On the Grundon's areas, some soil redistribution may be necessary to give at least 1.2 metres of soil over all areas.

DLA (Rights of Way) Rights of way cross some consented land. These should remain in situ if at all possible. Bennies proposals allow for existing paths to be diverted temporarily.

Stratford on Avon District Council A few properties in the District lie close to the site. Nearby Upton House, a National Trust property, is Grade II listed and has a park/garden of Special Historic Interest. A footpath runs by the County boundary and walkers' physical safety and amenity should be protected.

Hornton Parish Council If working does take place in the areas proposed, then new regulations must be complied with and the quarry operations must be sympathetic to local people.

MEB MEB submitted plans showing service cables and sketches suggesting methods of working to avoid problems with underground plant. Health and Safety Executive Guidance Note GS6 should be followed where working is close to overhead apparatus. Guidance note HS(G)47 should be followed to avoid danger from buried electricity cables.

Cherwell District Council Made the following observations on each application:-

1. Bennies and Christchurch No objections except:- (a) Conditions 17(a) and 20 hours of operation. Start should be 0730, not 600 hours. (b) Applicant should enter an agreement not to rework previously worked sites; and (c) Clarification as to which other land in the red line is intended to be worked and what conditions should apply to it.

2. Bennies and British Steel Object to limit of original consent adjacent to southern limits of Hornton village; object to extraction within steeply sided valley area to north-west of village of Hornton on residential amenity and landscape impact grounds. Recommend acceptance of submission subject to:- (a) Condition 19(a) and 22 hours of operation. Start should be 07.30, not 06.00 hours; (b) Agreement not to rework previously worked areas; and (c) Clarification as to what land is to be worked and what conditions will be applied to that land.

3. S Grundon (Ewelme) and Trinity College Object to all sites close to Balscote, Horley and Wroxton and within 325 metres buffer zone on residential amenity and landscape impact grounds; Object to areas 3, 4, 5 and 6 off the Horley road north and north-west of Wroxton on the grounds of inadequate road network and damaging effect on the character of the area by road widening. Following conditions are recommended:- (a) Maximum period of operation is 60 years from the operative date of 22.2.82; (b) Hours of operation 0730 hours, not 0700 hours. (c) Details to be provided of location, design and formation of main haul roads and improvements; (d) All areas to be progressively restored to agriculture, adequately drained and not used for landfill except that extracted from the quarry; (e) Legal agreement not to rework previously worked sites; (f) Minimum 325 metre buffer zone to edge of any village; (g) Routeing agreement no route shall pass through villages other than on A422; (h) Bonding agreement for all aftercare works, ie restoration to required standard,

Page 57 landscaping and subsequent replacement of failed species, removal of plant and equipment; (i) All important trees and hedgerows retained and protected; (j) Archaeological assessment prior to working.

4. PBCC Quarry Object to change from 0600 hrs to 0800 hours start for PBCC area. It should not be earlier than 0730 hrs. Hornton Quarry. Object to hours of operation. Should start no earlier than 0700 hrs. Working should be no closer than 325 metres from residential properties in which case no need for noise bund or screening bund conditions. A detailed landscaping scheme should be submitted now, not within six months of modern conditions. Cherwell District Council Ä Environmental Health Officer Equipment for monitoring noise should be described. A performance requirement for the number and duration of noise measurements made during monitoring must be detailed. I recommend initially noise measurements of at least one hour LA eqs be taken during times of typical work activity. If at the next monitoring time the positioning of noise producing equipment has not changed then a single measurement of one hour duration during a period of typical working activity will be sufficient.

Other Comments on Noise and Dust Strongly oppose 0600 hours start to working. Lorry loading creates impulsive noise which is considered more intrusive. PPG24 recognises 2300 to 0700 hours as being sleeping hours and noise would be generated in that time. Recommend not to set specific noise and dust targets for areas not being worked at this stage. Cannot set realistic targets without knowing current background noise levels. Background noise levels change with time. Need surveys of noise and dust to ensure accurate standards.

Earth Barriers (Bunds) To be effective a barrier must be either close to the source of noise, so sound is not reflected over it, or close to the noise-sensitive location, so it is in the acoustic shadow of it. Large bunds close to houses are visually unacceptable therefore bunds should be close to noise source. Where quarrying is extensive bunds will need to be reformed as work progresses and locations agreed. Bunds alone will not be adequate. Distance separation (unworked buffer zone) is needed. It reduces perceived threat of workings to residents and offers some sound attenuation. The calculation of what buffer zone is needed requires calculation of quarry noise and then computing dissipation of that noise over distance. The operators must conduct noise surveys prior to starting working. Advice in MPG11 suggests a noise target of 55 dB LA eq (1 hr), but noise monitoring I have undertaken indicates that a minimum level of 45 dB LA eq (1 hr) will prevail in some areas due to low background noise levels. Noise surveys should establish what buffer zones and bunds are required to ensure that background noise levels at noise sensitive locations do not rise by more than 5 dB and, therefore, do not cause complaints. In any event, the minimum noise level target should be set at 45 dB as levels below that are recognised by MPG11 as unachievable by quarrying operators.

Site by Site Analysis Areas 1 and 2. A noise target of 55 dB is appropriate due to presence of Stratford Road. Isolated dwellings to north should be 45 dB or background + 5 dB. Area 3. A noise target of 55 dB is appropriate. Area 4. Remote area with no noise sensitive locations nearby. Area 5. Located above Horley village and working could cause noise disturbance for whole village. Low background noise therefore 45 dB appropriate. Area 6. Isolated properties could be affected, 45 dB target appropriate. Areas 7 and 8. 55 dB target appropriate. Barrier design important due to large working area. Bunds at boundaries will not give sufficient attenuation. Areas 10, 11 and 12. Working could generate unacceptable noise levels in Balscote. A 45 dB target is appropriate.

Environment Agency Proposes conditions to protect watercourses, prevent flooding and prevent pollution of water.

Page 58 Advise on consents required from EA. May require restrictions on surface water discharge which would entail storage of excess surface water on site. Part of the area is the BBONT Horley Reserve and an Alert Site. An assessment should be made of those areas and river corridor surveys made for affected areas. Applicant must properly bund oil storage tanks and not derogate from nearby domestic and licensed groundwater sources. They should not cause adverse change in springs adjacent to the workings. Want more information on the method of working.

CONSULTATION ON FURTHER INFORMATION SUPPLIED ON BEHALF OF BRITISH STEEL; BENNIES AND CHRISTCHURCH COLLEGE

DLA (Archaeology) English Nature No objections.

DLA Rights of Way 3-year Diversion order confirmed for bridleway across the site to come into force when new diverted route is provided.

CONSULTATION ON ADDITIONAL MATERIAL FROM PBBS AND PBCC

DLA (Archaeology), English Nature , MEB, Stratford on Avon District Council, Warwickshire County Council, Transco No comments.

DLA (Rights of Way) Bridleway no 5 crosses the site. A legal order for 3-year diversion was confirmed on 9 May 1997. Comes into force once new path is provided for. How does it affect proposals? When will diversion commence?

FRCA Do not mix topsoil and subsoil. Only store subsoil on land stripped of topsoil. Store similar topsoils on topsoils and subsoils on subsoils. Within 3 months of end of calendar year, supply a plan to MPA showing (a) area stripped of top and subsoil; (b) location of each soil storage ground; and (c) quantity and nature of material stored.

Soil stripping should only take place mid-May to September inclusively and only when friable. Working programme should include advance soil stripping (in advance of winter). Revised contours should allow for effective surface and subsurface water. May need artificial land drainage. Consult FRCA on final draft conditions as most land is best and most versatile and should be safeguarded.

Epwell Parish Council Would prefer no quarrying but if it is to be so, make maximum use of extracted material.

Page 59 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

Objectors' Names

Objections were received from the following:-

1. Mr & Mrs D W Walker, Staddlestones, Balscote. 2. R J Jesson, Manor Cottage, Manor Farm Lane, Balscote. 3. Jasper May, Maidenhill Cottage, Nr Wroxton. 4. Karen Marshall, The Old Rectory, Manor Farm Lane, Balscote. 5. R J Evans, Hill View, Balscote. 6. Mrs L Richardson, Southfields Farm, Balscote. 7. Friars Hill Residents Association, Horley Road, Wroxton. 8. District Councillor G A Reynolds, Grange Farm, Malthouse Lane, Shutford. 9. R J Chenery, Barn Lodge, Mills Lane, Wroxton. 10. Christoph Chesher, Little Hollow, Middle Lane, Balscote. 11. T J Allen, Carter Cottage, Middle Lane, Balscote. 12. Mr P S B Minty, Laurel Cottage, Banbury Hill, Shutford. 13. Mrs C N Minty, Laurel Cottage, Banbury Hill, Shutford. 14. G T R Turner, Sundial Barn, Stratford Road, Wroxton. 15. H A B White, Priory Farm, Balscote. 16. Stephen R Finn, Wroxton Gardens Cottage, Wroxton. 17. R Speech, Wroxton House Residents Management Association, Flat 5, Wroxton House, Wroxton. 18. Carl F Nicholson, 11 The Firs, Stratford Road, Wroxton. 19. Valerie Lucas, Cotswold Corner, The Close, Balscote. 20. Len Morel, 4 The Leys, Stratford Road, Wroxton. 21. Dr Harvey Marcovitch, Trinity Barn, Balscote. 22. Dr & Mrs J S Rivers, Homeland, Middle Lane, Balscote. 23. Neil Gadsby, Rectory Gardens, Balscote. 24. R H Waters, The Old Coach House, Church Street, Wroxton. 25. Craig and Trina Wilcock, Old Village School, Balscote. 26. Mr A W J Leigh and Ms V Stone, 12 The Firs, Stratford Road, Wroxton. 27. Mrs K Cuffley, Ivy Cottage, Church Walk, Wroxton. 28. A J Whitehouse, The Old Cottage, Middle Lane, Balscote. 29. David and Madeleine Stead, Heathcote Farm, Balscote. 30. Ms Diana Harris, Trinity Barn, Balscote. 31. R S and S F Nicholls, Sundial Cottage, Balscote. 32. Mrs Doris Porter, Blenheim Cottage, Mills Lane, Wroxton. 33. Sylvia Coleman, The Homestead, Wroxton. 34. D White, Priory Farm, Balscote. 35. Mr C Lamont, Felstone, Chapel Lane, Balscote. 36. Mr & Mrs M D Southwood, The Hedges, Balscote. 37. Olivia Lucas-Wayt, Cotswold Corner, The Close, Balscote. 38. P Williams, Parish Councillor, Ivy Cottage, Horley. 39. G C Royle, Home Farm, Balscote. 40. Mrs J Andrews, Barn Cottage, Balscote. 41. John Beddoe, Broughton House, Middle Lane, Balscote. 42. Wroxton and Balscote Action Group, Chairman Christoph Chesher, Little Hollow, Middle Lane, Balscote.

Page 60 Nature of Objections (Objectors reference number attached to each objection)

Buffer Zones

Need large, unworked buffer zones 2, 8, 9, 33.

350-metre buffer zones to villages and 100-metre buffer zones to individual houses required 8, 10, 20, 22, 23, 28, 31, 34, 35, 40, 42.

Buffer zones inadequate. They should be:-

1 mile 11 ½ mile 21 800 yards 14 700 metres 26 500 metres 29, 36 600 metres 30

100 metres 41

There is no buffer zone between Southfield Farm and area 11 (Grundons) 6.

Areas 10, 11 and 12 (Grundons) should be reduced by excluding land close to Balscote from working, 5.

Access and Transport

Local roads inadequate and dangerous for lorries, 8, 12, 13, 21, 25, 27, 30, 32, 38, 39.

Improve roads necessary for lorry traffic, 27.

Use haul roads where possible, not local roads, 8.

All stone should be removed by rail, 41.

Use old railway line as a site road to a main road access, 28.

Need bypass for Wroxton and Drayton as traffic is too great, 9, 14, 18, 21, 24, 26, 41.

Increasing traffic through Wroxton is contrary to Policies M17 and M18 and Local Plan Policies T7 and PE 1(d). Wroxton has two tight 90° bends, 18.

Minor roads widened to take lorries should be restored to original width once mining ceases, 31.

No HGV traffic in village centres, 12, 13, 36.

Control lorry movements if no haul road bypass to Wroxton and Drayton, 8.

Present level of lorry traffic is acceptable but agreements/restrictions needed to keep it so, 26.

Slow moving lorries are a traffic hazard in Wroxton, 35, 41.

Need 30mph limit on all A422 through Wroxton, 26.

Have suffered from convoys of lorries through Wroxton and Drayton, making journeys difficult and dirty, 1, 18.

Have suffered from lorries through Balscote and other villages when they try to avoid Banbury, 1.

Operators should pay to lower roads to quarry floor level, 31.

Operator should pay for road improvements, 28.

Page 61 All loaded lorries should be sheeted, 9.

All lorries should use wheel washes, 9.

Some accesses proposed onto too narrow a road, 28.

Access should be on to main road only, 28.

Approach road (Horley Road), unsuitable for areas 2, 3, 4 and 5 (Grundons), 7, 8.

Approach road to areas 10 and 11 (Grundons) is unsuitable and dangerous, 5.

Approach road to area 12 (Grundons) is very narrow, dangerous and unsuitable for lorries, 5.

Need for the Stone

Do not need additional quarries other than Hornton, 12, 13, 14, 15, 17, 18, 24, 27, 29, 30, 36, 39.

Why cannot material be found nearer to point of use, 23.

Need for quarrying outweighed by potential detriment to the locality, 16, 18.

Demand for stone less. Not now used for iron ore but for house and road building, 10, 18.

Contrary to policy PE2(b)(iii), 18.

Phasing

Balscote Hornton Wroxton and Shenington should be treated as one site, 42.

Only one quarry should operate in the site at any one time, 42.

Noise

Have suffered from noise, 1,12, 13, 16, 18.

Want to retain peace of villages, 37.

Monitor noise, 9.

Restrict noise through tough conditions, 5, 7, 8, 9, 12, 13, 19, 23, 25, 35.

Noise from reversing bleepers unacceptable, 7.

Lowering land between Balscote and A422 will result in more noise for Balscote from that main road, 5.

Blasting

No blasting should take place, 29, 34.

Tight limits on blasting needed, 12, 13.

Vibration will result, 19.

Blasting will be noisy, 18.

Noise and Dust

Noise and dust pollution is unacceptable and will have devastating effect on the environment, 30, 36.

Page 62 Need impact study on effects of noise and dust, 12, 13, 24.

Tight controls on noise and dust needed, 27, 30.

It is not practicable to keep noise and dust levels down, especially early in the morning and reversing bleepers, 29.

Dust and Mud

Have suffered from dust when dry and mud when wet, 1, 18.

Maintain equipment to reduce dust, 9.

Dust problems will result need tough conditions, 5, 7, 8, 19, 35.

Air Pollution

Monitor air quality and enforce air quality standards, 12, 13.

Air pollution from lorries deleterious to health, 12, 13.

Hours of Operation

Restrict working hours, 23, 24, 29.

Hours of operation should be:

0700 1800, Monday to Friday 0730 1300 Saturdays 9, 10, 26, 27, 28.

Hours of operation should be 0730 hrs to 1800 hrs, Monday to Friday, not at weekends, 15.

Hours of operation should be 0800 hrs to 1800 hrs only, Monday to Friday, 30, 36.

Hours of operation should be 0800 hrs to 1700 hrs, Monday to Friday, 0800 hrs to 1200, Saturdays, 31.

Operational times should be 0830 hrs to 1800 hrs, 21.

Working hours should be 0900 hrs to 1600 hrs, Monday to Friday, 12, 13.

Start at 0730 hrs, 35.

Finish working each day at 1700 hours, 7.

Effect on Villages

Balscote is peaceful and beautiful, 7, 13.

Too close to conservation villages, affects quality of life, 2, 10, 12, 16, 17, 18, 19, 21, 22, 27, 32, 33, 34, 35, 36.

Landscape near villages spoiled, 24, 27, 36.

Sites close to village will be a danger to children, 35.

Quarrying allowed, but severe planning restrictions in conservation areas otherwise, 24, 25, 27, 29, 34.

Mining is too close to listed buildings of Priory Farm and Grange Farm in Balscote and they may suffer damage, 34.

Page 63 Working of 10 to 12 (Grundons) stressful for residents and affects two listed buildings, 39.

Approaches to Balscote will be spoilt, 33.

The approach road to Balscote, the Slad, is beautiful, treelined entrance to village, 22.

The mining on the Edge Hill side of Balscote is right up to the village and there is a badger sett at the top, 22.

Lorry traffic or changes for road safety will alter character of Balscote, 25.

Operations near villages should be completed in 12 months, 31.

If mining in areas 10, 11 and 12 (Grundons), control noise, dust, working hours and traffic in Balscote, 2 15.

Balscote and surroundings should be protected, 8.

Screening

Visual intrusion will result, 19.

Screening bunds required, 8.

Plant tree screen early, 10, 14, 26, 28, 29, 30, 31, 33, 34, 36.

Proper access and landscaping required to lessen visual impact, 23.

Horley would be impossible to screen from workings, 38.

Provide hardwood tree screen in wide of 350-metre buffer zones around Balscote and Wroxton, 42.

Screen trees and shrubs should be native hardwoods, 31, 34.

Environmental Matters

Need environmental impact survey (traffic, noise, dust, pollution including radon), impact on flora and fauna, 20.

How do high voltage pylons affect applications? 2.

Need full archaeological survey, 12, 13.

Only allow larger, already affected areas to be worked. Protect smaller, unspoilt areas, 19.

Safety

Site should be fenced to 4m high to exclude children, 28, 35.

Ecology

Need full ecological survey, 12, 13.

Wildlife, including BBONT nature reserve, will be destroyed, 7, 19, 37, 38.

Consider effect on wild flowers, preservation of trees and badger setts, 24, 27, 33.

Place preservation order on all trees, wildflowers, badger setts and footpaths, 14.

Affects badger setts, 29, 30, 36.

Page 64 Landscape and Restoration

Need tree preservation orders, 27.

Trees planted to improve environment, especially from road now to be used for earth moving equipment and lorries, 2.

Phases abut property. Property (Hill View) will be left on an island with quarrying either side. Garden will have drainage problems with a lowered water level, 5.

Footpaths

No diversion of footpaths, 31.

Footpaths obstructed in area 8 (Grundons), 7.

Restored footpaths would not be to the same standard as before, 31.

Area is one of immense natural beauty, 17, 19.

Panoramic views changed forever, 7.

Mining will permanently adversely affect landscape, 7, 19, 27, 29, 34.

Alkerton rural aspect will be destroyed, 8.

Surrounding sloping land to Balscote will be seriously affected by working, 5.

Maintain character of rust-red fields mining would destroy it, 12, 13.

Restored land never as good as before, 10.

Restore land to original condition, 28, 31, 36.

Landfill

Concerned about worked out quarries being used for landfill, 14, 21, 24, 26, 27, 29, 30, 36.

Take vigorous action to avoid landfill, prevent pollution and health problems, 2, 3, 8.

Are applications made so that applicants can negotiate tipping rights for extraction rights? 2.

Water

Concerned about lowering of water table, 31.

Need for study of private water supplies to guarantee mining will not jeopardise them, 3.

Maiden Hill Cottage relies on spring water. Mining may upset it by reducing flow or adding impurities to it, 3.

Conditions

Ensure all possible environmental requirements to reduce impact, 5, 25, 35.

Need mitigation as a result of surveys, 12, 13.

Consider impact as if all workings were going on simultaneously, 20.

Fully list restoration conditions, 20.

Page 65 British Steel have not proposed working conditions for Balscote area, 10.

Conditions should be as onerous as for Bennies at Hornton Grounds Quarry, 10.

Land Ownership

Some of area 10 (Grundons) belongs to the Parish Council, not Grundons, 2.

Uncertainty over ownership gives concerns about eventual use after quarrying, 29.

Economic Value

Some parts of the site are uneconomic and inaccessible, 2, 7, 12, 13, 39, 41.

Revocation

Ideally, the permissions should be revoked, 19, 23, 25, 26.

Planning permissions could have been revoked in 1981 but were not. Why not? 29.

Compensation

Residents expect modern conditions regardless of threats of compensation, 8.

The more stringent the conditions are, the less profitable the operation and therefore the less compensation needs to be paid, 34.

Compensation should not be paid to prospective owners, 10.

Protecting lives of villagers is more important than not paying compensation, 25, 34.

Principle of offering compensation must be decided at the highest level, 18.

The Council should investigate legal position of workings `going against spirit of permission (i.e. not working ironstone for iron ore but for aggregate) as it may mean no compensation, 42.

As original permission had rail system claims for compensation for requiring rail access now would not be substantial, 41.

Only if the applications fail to meet criteria should the cost of changing the consent be taken into account, 20.

Compensation likely to be low as value of stone low and only 45 years to work 90 years' worth of permitted stone, 8.

Some areas proposed are unviable. Are applications made to attract conditions so that compensation will be paid? 2.

Properly drafted conditions to cover environmental protection are possible without attracting compensation, 9.

Residents

Why weren't residents consulted before permission was renewed? 19.

Consideration should be given to residents, 31.

Will the County Council pay householders for loss of value of their houses? 29.

Property values will lower, 7, 10, 18.

Page 66 Other Matters

Treat the application as a new application, 20.

2042 is too far ahead for ending quarrying, 19.

Keep objectors aware of developments and discuss decisions with village representatives with a view to minimising environmental and social consequences, 4.

Figures on extraction, mine waste and restoration (Grundons) not compatible. What is right? 8.

Why wasn't quarrying shown in solicitor's search? 19.

Will applicants be allowed to work blue lias clay? Could be 25 metres deep if allowed, 28.

Grundons and British Steel should be required to obtain ISO 9002 accreditation, 10, 12, 13, 27, 28, 29, 35.

Page 67 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM)

ANNEX 2 SCHEDULE OF CONDITIONS PROPOSED BY THE APPLICANT AND THOSE RECOMMENDED BY THE DIRECTOR OF ENVIRONMENTAL SERVICES - Part 1 - numbers: PBBS1 - 22 Condition submitted by the applicant Director's comment Recommended Conditions (numbers in brackets indicate new condition number) Part 2 - Number 23 to end

(Please scroll to the right to view all the columns of this table)

Condition submitted by the applicant Director's comment Recommended Conditions (numbers in brackets indicate new condition number) PBBS

1. This permission covers development w ithin the area bounded by a red The PBBS proposal is only part of the site. There is no need for a line on Plan No HORNT/MP/A attached to and forming part of this condition w hich simply identifies the Hornton Grounds Quarry. permission and hereinafter referred to as the site. 2. The continuing extraction of stone shall be limited to the areas show n The proposed condition needs to be expanded to cover the w hole site (2) No other w orking on the site shall take place until the area outlined in bounded by a green line on Plan No HORNT/MP/A. and allow for w orking of conservation stone at Alkerton at the same time.green on approved plan HORNT/W/RevC has been w orked out except that minerals may be w orked in the are outlined in green on approved plan no. ALK/MP/A.

Re ason: To restrict the extent of w orking in order to limit environmental disturbance. 3. No mineral extraction shall take place on any land w ithin the site lying The proposed condition needs to be expanded to cover the w hole site (10) No mineral extraction shall take place on any land w ithin the site outside the area bounded by a green line until details of and allow for w orking of conservation stone at Alkerton at the same time.outside the areas bounded by green lines on approved plans schemes of w orking, visual, dust and noise screening, access,The proposed condition also needs to be more specific on w hat w orking HORNT/W/RevC and ALK/MP/A until details of w orking, including phasing, restoration, landscaping and aftercare have been submitted to entails. method of soil stripping, mineral stockpiling and plant to be used, method and approved by the Mineral Planning Authority. of extraction and plant to be used, visual, dust and noise control, access, restoration, landscaping and aftercare have been submitted to and approved by the local Planning Authority.

Re ason: In order to properly control mineral w orking w ithin the site.

Safeguarding of residential amenities at Hornton Grounds Quarry

4. Temporary screening bunds shall be constructed of topsoil or overburden in accordance w ith the specification set out in the Working Plan, w hen the w orkings come w ithin 325 metres of the village as show n on DWG No HORNT/W/B. Stripped soil w ill alw ays be available to create bunds at Hornton Grounds(11) Temporary screening bunds shall be constructed of topsoil or Quarry. It is sensible to locate the bunds betw een the w orkings and overburden in accordance w ith the specification set out in the approved Hornton village to reduce the possibility of noise intrusion. The `Working Plan for Hornton Grounds' throughout the w orking of mineral in recommended condition takes account of this opportunity and relates the area outlined in green on approved plan HORNT/W/RevC. The more accurately to approved plans. screening bunds shall be placed betw een any w orkings and Hornton village.

Re ason: To protect residents of Hornton village from noise intrusion. 4a. A noise bund shall be constructed, in phases, on land ow ned by British Steel, to the north of the consent boundary, along the northern limit of the consent, during the w orking of Phases 5, 6 and 7. Prior to the Some changes to the w ording of the proposed condition is needed to link (12) Temporary screening bunds shall be constructed of topsoil or construction of the bund, the topsoil shall be removed and stored separately. The bund shall be removed, in phases, and the area restored to agriculture. back to approved plans, to ensure that they remain in place until no longeroverburden in accordance w ith the specification set out in the approved needed and that they are extensive enough to prevent noise intrusion `Working Plan for Hornton Grounds' along the northern limit of the occurring around them. planning permission in a position to be approved by the local planning authority prior to the w orking w ithin 80 metres of the northern boundary of phases 5, 6, and 7 as show n on approved plan HORNT/W/RevC. No bund of overburden shall be constructed until the topsoil has been stripped from the area of bund construction. The bund shall be removed but only w hen w orking in phases 5, 6, and 7 has been completed. The bunds shall alw ays extend at least 30 metres beyond the limit of w orking in any phase.

Re ason: To protect residents of Hornton village from noise intrusion. 5. Temporary screening bunds shall be 4 metres in height, 16 metres w ide across the base and w ith sides of slopes of 1 in 2 and at no time shall the bunds be more than 80 metres, measured from the apex, from the The proposed conditions should be strengthened to ensure that its visual (13) Unless otherw ise agreed in w riting by the Mineral Planning w orking face. appearance is acceptable. Authority, temporary screening bunds shall not be other than 4 metres in height, 16 metres w ide across the base and w ith sides of slope 1 metre

Page 68 6. Temporary screening bunds shall be kept w eed-free and in dry w eather shall be sprayed w ith w ater to reduce dust blow . high by 2 metres horizontal and at no time shall the bunds be more than 80 metres, measured from the apex of the bund, from the w orking face. The bunds shall be graded to give a smooth visual appearance and shall be kept w eed-free and in dry w eather shall be sprayed w ith w ater to reduce dust blow . Any bund that is in place for longer than six months shall be sow n w ith grass seed in the Spring or Autumn.

Re ason: To protect residents in and near the site from noise intrusion and to limit visual and dust intrusion. 7. During the excavation of mineral in Phases 4, 5 and 6, a screening bund, 4 metres in height, 16 metres w ide across the base and w ith sides of slopes of 1 in 2, shall be constructed using subsoil, along the limit of The proposed condition needs to refer to approved plans, should give (14) Temporary screening bunds shall be constructed of topsoil, subsoil the consent as show n on DWG No HORNT/W/B, to protect Manor farm; the bund shall be planted w ith grass seed to reduce dust blow . flexibility in the type of material to be used in it, ensure that topsoil is not or overburden in accordance w ith the specification set out in the buried under them, should be w ide enough to prevent noise intrusion approved `Working Plan for Hornton Grounds' along the eastern limit of occurring around them and their detailed positions need to be determined the planning permission in a position to be approved by the local planning shortly before they are erected. An additional condition is required to authority prior to the w orking w ithin phases 4, 5, and 6 as show n on ensure that follow ing the removal of the bund no extraction takes place approved plan HORNT/W/RevC. No bund of overburden shall be so that noise intrusion is not caused to residents of Manor Farm. constructed until the topsoil has been stripped from the area of bund construction. The bund shall be removed but only w hen w orking in phases 4, 5, and 6 has been completed. The bunds shall alw ays extend at least 30 metres beyond the limit of w orking in any phase.

Re ason: To protect the residents of Manor Farm from noise intrusion.

(15) No extraction shall take place from beneath the area of the temporary screening bund on the eastern boundary follow ing the removal of that bund.

Re ason: To protect the residents of Manor Farm from noise intrusion. Access and highw ay safety at Hornton Grounds Quarry

8. The sole vehicular access for the w orking of the area edged green shall be by the existing tarmacadamed access show n on DWG No HORNT/E/B, the access road and haul roads shall be kept free of potholes. The proposed condition should refer to approved plans and should (16) The sole vehicular access for the w orking of the area edged in emphasise that it is the sole access. The elimination of potholes should green on approved plan HORNT/W/RevC shall be by the existing apply to the w hole site not just Hornton Grounds. tarmacadamed road show n coloured in green on that approved plan accessing onto the A422. No other access shall be used.

Re ason: To prevent lorries using unsuitable roads. 9. The location of the w heel cleaning facility is show n on DWG No HORNT/E/B; it shall be maintained as show n on the plan. The proposed condition should be strengthened to indicate the period (17) The w heel cleaning facilities show n on approved plan HORNT/E/B w heel cleaning equipment should be maintained for. shall be maintained in the positions show n on the approved plan during the w orking of stone in the areas outlined in green on approved plans HORNT/W/RevC and ALK/MP/A and for the period of operation of the conservation stone compound as show n on approved plan HORNT/E/B.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. 10. The w heelw ash shall be used in conjunction w ith the road sw eeping equipment to prevent material being deposited on the highw ay. It w ould be more enforceable to secure that lorries and access road (18) No lorries shall leave any part of the area bounded in green on w ere properly cleaned. approved plan HORNT/W/RevC unless its w heels and chassis have been sufficiently cleaned to prevent mud being deposited on the highw ay.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay.

(19) The access road to the area bounded in green on approved plan HORNT/W/RevC shall be kept sufficiently free of mud to prevent mud being deposited on the highw ay.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. 11. No loaded lorries shall leave the site unsheeted. Agreed. (20) No loaded lorries shall leave the site unsheeted.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. Protection of Public Rights of Way

12. The routes of the public rights of w ay are show n on DWG Nos HORNT/BW/A and HORNT FP. These routes shall be fenced to protect the users from operations, the fencing to be approved by the Mineral Planning Minor changes are needed to the condition to make it more enforceable. (21) The routes of the public rights of w ay show n on approved plans Authority. At points of public access to the site suitable signs shall be erected to w arn members of the public of a diversion and to w arn of `Danger Mineral Workings'. Where lorries cross the routes signs shall be HORNT/BW/A and HORNT/FP shall be fenced to protect the users from erected to w arn `Danger Lorries Crossing'. operations, and the fencing shall not be other than as approved by the local planning authority. At points of public access to the site, suitable signs shall be erected to w arn members of the public of a diversion and to w arn of `Danger Mineral Workings'. Where lorries cross the routes, signs shall be erected to w arn `Danger lorries crossing'. These signs

Page 69 shall be erected before the public rights of w ay are affected by mineral w orking operations or lorry routeing.

Re ason: To protect users on the public rights of w ay. Working Plan for Hornton Grounds Quarry

13. The w orking of the site shall be carried out only in accordance w ith the w orking operations and programme and phasing plans, set out in the Working Plan and on DWG No HORNT/W/B, unless otherw ise agreed in Minor changes are needed to the condition so that it refers to the (22) The w orking of the area outlined in green on approved plan w riting by the Minerals Planning Authority. approved plans. HORNT/W/RevC shall be carried out only in accordance w ith that approved plan and the approved `Working Plan for Hornton Grounds' unless otherw ise agreed in w riting by the Mineral Planning Authority..

Re ason: To ensure that w orking is carried out as proposed. 14. No material shall be burnt on site. Agreed. As w orded it w ill apply to the w hole site not just Hornton (23) No material shall be burnt on site. Grounds. Re ason: To prevent air pollution. 15. No blasting shall be carried out. Agreed. As w orded it w ill apply to the w hole site not just Hornton (24) No blasting shall be carried out on site. Grounds. Re ason: To prevent noise intrusion and vibrations to local residents. 16. The existing conservation stone w orkings shall be contained w ithin the compound show n on DWG No HORNT/E/B and its operations shall be as set out in the Working Plan. The proposed condition needs to refer to the approved plans. (25) The existing conservation stone w orkings in the area outlined in green on approved plan HORNT/E/B shall be contained w ithin the compound show n on that approved plan and its operations shall be only as set out in the approved `Working Plan for Hornton Grounds'.

Re ason: To ensure that the conservation stone compound is properly controlled. Plant and Machinery

17. Notw ithstanding the provision of the Tow n and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order, no additional buildings, plant, machinery, or Agreed. (26) Notw ithstanding the provision of the Tow n and Country Planning structure (w hether a fixed or portable design) shall be erected or placed on site w ithout the prior approval of the Mineral Planning Authority. (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order, no additional buildings, plant, machinery, or structure (w hether a fixed or portable design) shall be erected or placed on site w ithout the prior approval of the Mineral Planning Authority.

Re ason: To allow the Mineral Planning Authority to maintain control over potentially noisy or inappropriate development. 18. All buildings, fixed plant, machinery and their foundations and bases, shall be removed and the site restored in accordance w ith condition 32 w ithin one year of the completion of mineral extraction operations. The proposed condition should refer to removal of all excavation (77) Restoration shall include removal of all haul roads, foundations, equipment on any part of the site in a phased manner. hardstandings, buildings, plant, structures and fences, excluding protective fencing for planted areas, unless otherw ise agreed in w riting by the Mineral Planning Authority.

Re ason: To ensure the best possible agricultural restoration. Hours of Working

19. Except in emergencies to maintain safe quarry w orking (w hich shall be notified to the MPA as soon as practicable) or unless the MPA has agreed otherw ise in w riting, The condition needs to be simplified and split betw een general operations(27) Except w ith the prior arrangement of the Mineral Planning Authority and the noisier bund formation. The later start proposed by Grundons in w riting, no operations authorised or required by this permission shall a) No operations, other than w ater pumping, servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except betw een the follow ing times: (no. 4) is in line w ith the Code of Practice in the Minerals and Waste Localbe carried out and plant shall not be operated or lorries loaded or 0600 hrs and 1800 hrs Monday to Friday Plan. despatched, other than during the follow ing hours: 0600 hrs and 1300 hrs Saturdays Betw een 0600 hrs and 0700 hrs Monday to Saturdays, operations shall be restricted to the loading of lorries. The Environmental Health Officer strongly opposes w orking before 0700 Betw een 0700 and 1800 hours, Mondays to Fridays; hours. 0700 and 1300 hours on Saturdays. b) No operations for the formation and subsequent removal of material from the bunds and soil storage areas shall be carried out at the site except betw een the follow ing times: 0800 hrs and 1800 hrs Monday to Friday No such operations shall take place on Sundays or recognised public 0800 hrs and 1300 hrs Saturdays. holidays or on Saturdays immediately follow ing bank holiday Fridays.

c) No operations other than essential maintenance and testing of plant at the site shall take place on Sundays, evenings or public holidays. Re asons: In the interests of the amenities of the area.

(28) No operations for the formation and subsequent removal of material from the bunds and soil storage areas shall be carried out at the site except betw een:

0800 and 1800 hours, Mondays to Fridays; 0800 and 1300 hours on Saturdays.

No such operations shall take place on Sundays or recognised public holidays or on Saturdays immediately follow ing bank holiday Fridays.

Re ason: In the interests of the amenities of the area.

Noise

Page 70 20. All vehicles, plant and machinery operated w ithin the site shall be maintained in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use effective silencers. Agreed. (29) All vehicles, plant and machinery operated w ithin the site shall be maintained in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use effective silencers.

Re ason: to reduce noise levels in the vicinity of the w orking area to acceptable levels. 21. No audible equipment w arning of reversing vehicles shall be used on the mobile plant, except in accordance w ith details to be agreed by the Mineral Planning Authority. Audible w arning equipment is not necessary at quarries and can cause (30) No audible equipment w arning of reversing vehicles shall be used justifiable noise complaints from neighbours. Other, non-audible forms of on the mobile plant, unless otherw ise agreed by the Mineral Planning w arning of reversing mobile plant are available. The recommended Authority in w riting. condition allow s the operator to convince the Mineral Planning Authority that no problems w ill occur w ith audible w arning systems in certain Re ason: To reduce noise intrusion in the area. circumstances. 22. Betw een the hours of 0600 and 1800 on Monday to Fridays and 0600 and 1300 on Saturdays, the noise levels arising from the operations shall not exceed the follow ing freefield L Aeq 1 hr noise levels at the Agreed, but the 0600 start is unsatisfactory and w ill cause noise (31) Betw een the hours of 0700 and 1800 on Mondays to Fridays and follow ing positions show n on Plan No HORNT/N/A, 53 dB, at Position 1, 48 dB at Position 2, 47 dB at Position 3, 48 dB at Position 4 and 46 dB at Manor Farm. complaints and reference to approved plan is needed. 0700 and 1300 on Saturdays, the noise levels arising from the operations shall not exceed the follow ing freefield L Aeq 1 hr noise levels at the follow ing positions show n on approved plan HORNT/N/A, 53dB at position 1, 48dB at position 2, 47dB at position 3, 48dB at position 4 and 46dB at Manor Farm. Number 23 to end Re ason: To reduce noise intrusion in the Hornton area.

Page 71 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

A petition with 121 signatures from Wroxton residents and 73 from Balscote was forwarded by the Wroxton and Balscote Action Group.

The petition said:

Call for Extensive 1957 Mining Planning Consents to be revoked because economic, social and environmental concerns are completely different in 1997.

Permissions will have a devastating effect on the area.

Call for an Environmental Impact Assessment, as entitled to under European Union Law, and a full public inquiry by DOE prior to renewals being granted.

Page 72 Environmental Committee

PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

The Wroxton and Balscote Action Group commissioned a Report by Andrew Johnson, Chartered Geologist and Environmental Consultant. A copy is available in the members' room. I have precised it below:

The plan is concerned with the proposals by Grundons to work close to the villages of Wroxton and Balscote.

The drawings and documents produced are light on detail with respect to modern levels of constraint. More was expected, supported by technical data.

There should be a detailed list of plant and a noise prediction plan with proposed amelioration measures to reduce noise at sensitive locations. Screening bunds should be designed specifically for the location intended. They would need to be higher than proposed to screen properly.

Details of surface water handling is needed.

There is no reference to geology; to depth, thickness or quality or depth of soils. No agricultural restoration or aftercare details are presented. There are no proposed rates of extraction and only a crude table of reserves. There are no traffic patterns, wagon size or routeing.

As an aquifer is proposed for extraction, a properly researched ground water study is needed to achieve ground water balance, to gauge the effects on local water supplies and stream maintenance.

Specialist noise consultants should advise on stand-offs from site boundaries. Stand-offs from properties of less than 100m, even with bunds, may not be adequate.

Areas 1 and 2

A substantial part of Wroxton is within 350 m; the nearest properties are the Old Council houses 80m away. An early planting of a tree screen would be environmentally beneficial.

A noise level of 55 dB L Aeq, 12h could be justified with 65 or 70 dB L Aeq, In for specific, identifiable periods of work. To avoid nuisance, no working should take place near the Old Council Houses, the Vicarage and Friars Mill. The site boundary of Area 1 could remain at a distance of 140m to the nearest properties but area 2 would need to be withdrawn to at least 100m. Such modifications would have little effect near Friars Mill and Grundons may feel they could negotiate with the owners to work the area.

Closing the minor road and creating a continuous bund may allow working closer to Wroxton.

Areas 10, 11 and 12

Hill View and Willoughby are closest to area 12. 100 m stand-offs would reduce area 12 by half with no room for protective bunds. Doubt whether it could be worked. 100m stand-offs to area 10 would make the southern part unworkable. A 100m stand-off to the new bungalow adjacent to the western boundary would exclude most of the rest of the area. The power line, disputed land ownership and absence of mineral further reduces workability. A footpath would need to be closed if working took place. There would be a high level of visual impact from the road. These features and the need to store soil and water make it an unattractive area to work.

In area 11 tree preservation orders on trees at the southern end and problems of visual impact, soil storage

Page 73 and water treatment apply, but to a lesser extent than area 10.

Summary for areas 10, 11, and 12

Likely to be unattractive for working due to their small size and environmental problems. All concerns regarding noise, dust and underground and surface water apply.

Conclusion

Modern requirements would render areas 3, 4, 5, 10 and 12 unworkable, area 6 may be too small, and area 11 so reduced as to make it unattractive. Areas 1, 2, 7, and 8 would remain viable.

Areas 7 and 8

Alpha Cottage, Wroxton, is closest at 100 m. Again, a substantial proportion of Wroxton Village lies within 350 m.

Similar stand-offs to areas 1 and 2 are proposed to ensure compliance with noise and dust conditions.

Ground and water surveys are important as a stream is associated with the areas.

Summary of areas 1, 2, 7 and 8

Main problems of areas 1 and 2 are the increase in ambient noise levels north of Wroxton and at Friars Mill during working of areas 5, 7, 2 and 3.

Dust levels in Wroxton are likely to rise when the wind is from the west and conditions are dry. Ambient dust levels should be established. Substantial bunds are required to the south of areas 1 and 2 to prevent visual intrusion. Detailed plans for phased establishments of screen bunds should be presented. Proposals for dealing with surface water and data on groundwater are needed.

Areas 3, 4, 5 and 6

They are no closer than 450 m from Wroxton. Areas 4 and 5 are in a designated nature reserve. Horley is less than 150 m away from area 5. After providing soil and water storage, there will be little land left to work. Doubt the viability of working. Area 6 is remote and will have little apparent impact to anyone.

Recommendations

I recommend:-

1. Ambient noise level surveys are taken in Wroxton, Balscote and Horley and specified locations;

2. Dust surveys are taken in same places, particularly Wroxton;

3. The developer presents traffic volume predictions and impact on drainage systems and water tables;

4. Detailed plans should be presented by Grundons for:-

(i) traffic routes and wagon sizes; (ii) plant sizes and numbers and predicted noise generation data and noise contours; (iii) prediction of rates of extraction and mineral reserves and the time span for operations; (iv) stand-offs from boundaries, power lines, and properties, size and location of soil stores, waste dumps and screening bunds, lagoon locations, protection of discharge consent points, depths of excavation and location of internal haul routes; (v) geological data to support water surveys.

Page 74 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM 8(a)

MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM) Supplementary Report by the Director of Environmental Services

Since the report on this item has been finalised we have received a copy of a Court of Appeal Judgement which could have a profound effect on the determination of this application and other Minerals Review applications. The case relates to an Interim Development Order (IDO) for quarrying for which North Yorkshire County Council determined new conditions. IDOs are planning approvals granted under legislation prior to the Town and Country Planning Act 1947. Local residents sought to quash the determination of conditions on the grounds that an environmental assessment, in accordance with European directives, should have been carried out. Very simply, the judges allowed the appeal on the basis that the determination of conditions of IDOs falls within the terms of the directive. The procedure on old Mineral Permissions Review is very similar to that for IDOs. It is possible that the environmental assessment regulations must be applied to all Mineral Review sites.

The Balscote and Wroxton Action Group have also written to me about this Court of Appeal Ruling and have asked for confirmation that an Environmental Impact Assessment will be undertaken on the Balscote-Hornton-Wroxton site.

The views of the DETR have been sought and the Solicitor to the Council is also considering the Judgement.

Further advice on determination of Mineral Review sites will be given orally at the Sub-Committee meeting.

DAVID YOUNG Director of Environmental Services

February 1998

Page 75 Environmental Committee PLANNING SUB-COMMITTEE - 16 FEBRUARY 1998 AGENDA ITEM PL8

MINERALS REVIEW. PROPOSED NEW PLANNING CONDITIONS FOR WORKING IRONSTONE IN THE BALSCOTE-HORNTON-WROXTON SITE (APPLICATION REFERENCE 97/00430/CM)

ANNEX 2 SCHEDULE OF CONDITIONS PROPOSED BY THE APPLICANT AND THOSE RECOMMENDED BY THE DIRECTOR OF ENVIRONMENTAL SERVICES - Part 2 - (PBBS23 to end) Condition submitted by the applicant Director's comment Recommended Conditions (numbers in brackets indicate new condition number)

(Please scroll to the right to view all the columns of this table)

PBBS contined from Part 1 (32) When the w orkings come w ithin 325 metres of the village of Generally agreed, but access times to records and mitigation measures if Hornton, as show n by a line on approved plan HORNT/W/RevC, noise 23. When the w orkings come w ithin 325 metres of the village of Hornton levels are exceeded should be made clearer. Proposed conditions 23 monitoring, only in accordance w ith a scheme and using equipment Grounds, as show n by a line on Plan No HORNT/W/REV C, noise monitoring shall be and 24 need to be extended to the proposed Alkerton Quarry. In addition approved by the Mineral Planning Authority, shall be carried out once carried out once every tw o months at the four locations show n on Plan No the equipment to be used for monitoring should be agreed by the Mineral every tw o months at the four locations show n on approved plan HORNT/N/A and during the w orking of Phases 4, 5 and 6 monitoring shall be carried Planning Authority. HORNT/N/A and during the w orking of phases 4, 5 and 6 noise monitoring out once every tw o months at Manor Farm; the results shall be kept at the site shall be carried out once every tw o months at Manor Farm. The results office and shall be made available to the Mineral Planning Authority at all reasonable shall be kept at the site office and shall be made available to the Mineral times; if agreed noise limits are exceeded measures shall be taken immediately, to Planning Authority on request at all times that the quarry is in operation. If the satisfaction of the Mineral Planning Authority, to ensure that the limits are the noise limits set in Condition 31 are exceeded, then w orking w ill stop complied w ith. until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise limits are not exceeded. 24. For up to 6 w eeks in any one year, during the soil stripping and construction of bunds, noise levels shall not exceed 65 dB L Aeq 1 hr Re ason: To reduce noise intrusion in the Hornton area. freefield at the four monitoring positions identified on Plan No HORNT/N/A or at Manor Farm. (34) Soil stripping and respreading and construction and removal of the bund shall not take place for longer than six consecutive w eeks in any year. Noise levels from these activities shall not exceed 65dB L Aeq 1 hr freefield w hen measured 2.5from any noise sensitive location in the vicinity of these areas. If these noise limits are exceeded the w orking w ill stop until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise limits are not exceeded.

Re ason: To reduce noise levels in the vicinity of the w orking areas to acceptable levels.

35) When w orkings come w ithin 200 metres of Heath Farm, noise monitoring, only in accordance w ith a scheme and using equipment approved by the Mineral Planning Authority, shall be carried out once every tw o months. The results shall be kept at the site office and shall be made available to the Mineral Planning Authority on request at all times that the quarry is in operation. If the noise levels exceed 55dB L Aeq 1hr freefield w hen measured 2.5 metres from any noise sensitive location at Heath Farm, then w orking w ill stop until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise levels are not exceeded.

Re ason: To reduce noise levels in the vicinity of Heath Farm to tolerable levels.

Condition submitted by the applicant Director's comment Recommended Conditions (numbers in brackets indicate new condition number) Dust

25. The monitoring of dust shall be carried out adjacent to the access road; on the northern boundary betw een the w orkings and Hornton and at a site dow n-w ind of the prevailing south-w esterly w ind direction. This monitoring to be undertaken regularly for one month per The proposed condition should be strengthened to require monitoring to (37) In the area outlined in green on approved plan HORNT/W/RevC the quarter, to include months w hen soil stripping or soil replacement is to take place. Increased rates or locations for monitoring to be agreed in the event that significantly increased levels of dust are detected. be in accordance w ith an approved plan and to make it clearer w hen the monitoring of dust shall be carried out in accordance w ith a plan monitoring occurs, ie continuously. An additional condition is required to approved by the Mineral Planning Authority in w riting adjacent to the set levels of dust w hich should not be exceeded and for mitigating access road, on the northern boundary betw een the w orking area and measures if they are exceeded. Hornton and at a site dow nw ind of the prevailing south-w esterly w ind direction. In the area outlined in green on approved plan ALK/MP/A the monitoring of dust shall be carried out in accordance w ith a plan approved by the Mineral Planning Authority in w riting and shall include

Page 76 monitoring adjacent to Heath Farm. This monitoring shall be undertaken continuously for a period of one month per quarter of a year, to include months w hen soil stripping or soil replacement is taking place.

Re ason: To ensure that dust levels are monitored.

(38) No w orking shall take place in any part of the site until permitted levels of dust at set locations adjacent to w orking phases have been approved in w riting by the Mineral Planning Authority. In the event that these levels are exceeded, w orking shall stop in the relevant phase until appropriate measures for limiting dust pollution have been agreed in w riting by the Mineral Planning Authority.

Re ason: To ensure that dust pollution is not a problem for residents close to the site. Floodlighting

26. Details of the portable floodlighting to be used on site shall be submitted by 31 July 1997 and approved by the Mineral Planning Authority. The proposed condition needs to be modified to give more control to the (39) No floodlighting or speakers of a tannoy system shall be used on Mineral Planning Authority on details of floodlighting. The condition could site, except in accordance w ith details approved in w riting by the Mineral also incorporate Grundons' condition (No 3) in relation to noise from Planning Authority. tannoys. Re ason: To avoid light or noise pollution to nearby residential properties. Water environment protection

27. All fuel tanks shall be sited on a concrete base surrounded by bund w alls capable of retaining at least 110% of the tank volume and any spillages from fill or draw pipes. Any w ater w hich accumulates in the bunded area shall be removed and disposed of in a manner Grundons' proposed condition 23 is more in line w ith the County Council's(40) All fuel tanks shall be sited on a concrete base surrounded by bund appropriate to the quality of the w ater. standard condition. w alls capable of retaining at least 110% of the tank volume and any spillages from fill or draw pipes. Any w ater w hich accumulates in the bunded area shall be removed and disposed of in a manner appropriate to the quality of the w ater.

Re ason: To revert pollution of the groundw ater. Phasing at Hornton Grounds Quarry

28. The maximum area of the site, w hich at any one time may be stripped of topsoil in advance of w orking, or under excavation, or excavated but not restored, shall not exceed 12 ha (excluding static operations), unless agreed w ith the Mineral Planning Authority. The proposed condition should refer to an approved plan for Hornton (41) The maximum area of the site, excluding land outlined in green on Grounds and should exclude the conservation stone quarry at Alkerton. approved plan ALK/MP/A, w hich at any one time may be stripped of topsoil in advance of w orking, or under excavation or excavated but not restored, shall not exceed 12 hectares (excluding roadw ays, any conservation stone compound, office w heelw ash and car parking area and other approved buildings) unless agreed by the Mineral Planning Authority in w riting.

Re ason: To ensure that the maximum area is available for uses other than quarrying. 29. Soil stripping, excavation of minerals and restoration shall take place progressively and in accordance w ith the direction and phasing of w orking show n on DWG No HORNT/W/B. The proposed condition should refer to the approved plan for Hornton (43) On the area outlined in green on approved plan HORNT/W/RevC, soil Grounds. stripping, excavation of minerals and restoration shall take place progressively and in accordance w ith the direction and phasing of w orking show n on approved plan HORNT/W/RevC.

Reason: To ensure proper w orking and restoration of the site. 30. Soils, and overburden not required for the construction of screening bunds, shall be removed after stripping directly to the area of restoration. The proposed condition should refer to soils being immediately respread (45) Soils and overburden to be stripped but not required for the once in the restoration area. construction of screening bunds shall be removed directly to the area of restoration for immediate respreading.

Re ason: To aid good restoration. Infilling of the Hornton Grounds Quarry

31. The mineral w aste from the quarry shall be levelled and graded in accordance w ith the restoration contours show n on DWG No HORNT/PDR/B. The proposed condition should refer to the approved plans for Hornton (47) No w orking shall take place in the area outlined in green on Grounds and Alkerton and should have additional w ording that w ill allow approved plan HORNT/W/RevC that breaks through into the valley to the a less angular restoration that is more in keeping w ith the area to be w est of Hornton such that the land horizon as seen from Hornton village secured. An additional condition is required that eliminates the possibility is reduced in height from current levels. of w orking taking place in the valley to the w est of Hornton so that it can be seen from Hornton or have a permanent effect on the view from Re ason: To reduce the visual impact of w orking on Hornton. Hornton. (46) Mineral w aste arising from quarrying in the area outlined in green on approved plan HORNT/W/RevC, shall be levelled and graded in accordance w ith the restoration contours show n on approved plan HORNT/PDR/B except that the finished slopes shall be rolled so that no sharp changes of slope result. Plans shall be submitted to the Mineral Planning Authority show ing cross-sections through the restored quarry edges to achieve the slope shape required by this condition. Any plan

Page 77 that is approved shall be implemented.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. Restoration of the Hornton Grounds Quarry

32. The site shall be progressively restored to agriculture in accordance w ith the approved restoration scheme. Restoration plans have been submitted for both Hornton Grounds and (49) In the areas outlined in green on approved plans HORNT/W/RevC Alkerton Quarries. The proposed conditions should refer to the w orking and ALK/MP/A the land shall be progressively restored to agriculture in areas of those quarries by reference to approved plans. accordance w ith the approved restoration schemes for those areas.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. 32a. A detailed landscaping scheme for the margins of the quarry shall be submitted w ithin six months of the date of the approval of the modern conditions, for approval by the Mineral Planning Authority. The proposed condition should refer to the approved plan for Hornton (50) A detailed landscape scheme, including dates for implementation, Grounds and to the need to implement the landscaping scheme. for the margins of the land to be w orked outlined in green on approved plan HORNT/W/RevC shall be submitted, w ithin six months of the date of the approval of this permission, to the Mineral Planning Authority. Any scheme that is approved shall be implemented.

Re ason: To enhance the restoration of the restored quarry. Aftercare at the Hornton Grounds Quarry

33. The aftercare of the site shall be carried out in accordance w ith the approved aftercare scheme. Aftercare schemes have been proposed for both the Hornton Grounds and Alkerton Quarries and the proposed condition should refer to the (51) The aftercare of the land outlined in green on approved plans w orking areas of those quarries by reference to approved plans. HORNT/W/RevC and ALK/MP/A shall be carried out in accordance w ith the respective approved aftercare schemes.

Re ason: To ensure that the restored land is brought back to its full agricultural potential. End Date

34. The development shall cease not later than 31 December 2042 and the land shall be restored and reinstated, in accordance w ith these conditions w ithin one year of that date. Agreed except that the proposed condition should be slightly rew orded to(52) The development shall cease not later than 31 December 2042 and make it more enforceable. all the land w orked shall be restored in accordance w ith conditions of this permission w ithin one year of that date.

Re ason: To comply w ith Section 91 of the Tow n and Country Planning Act 1970. 35. In the event of cessation of w inning and w orking minerals prior to the achievement of the completion of the approved restoration scheme (condition 32) w hich, in the reasonable opinion of the Mineral Planning Authority, constitutes a permanent cessation w ithin the terms of Reference to the opinion of the Mineral Planning Authority in the proposed(53) In the event of cessation of w inning and w orking of minerals for paragraph 3 of schedule 9 of the Tow n and Country Planning Act 1990 or any subsequent Act w hich revokes or re-enacts that Act, a revised scheme, to include details of reclamation and aftercare, shall be submitted in w riting for the approval of the Mineral Planning condition is imprecise and is not needed. A lesser period of time for tw o years or more prior to the end date set in Condition 52, w hich Authority w ithin 2 years of the cessation of w inning and w orking. The approved scheme shall be fully implemented w ithin one year of that scheme's w ritten approval by the Mineral Planning Authority unless otherw ise agreed in w riting by the Mineral Planning Authority. requiring a restoration plan is needed than proposed as the quarry w ill constitutes a permanent cessation w ithin the terms of paragraph 3 of have been unw orked for tw o years. Schedule 9 of the Tow n and Country Planning Act 1990 or any subsequent Act w hich revokes or re-enacts that Act, a revised scheme of aftercare and restoration shall be submitted, for those areas w orked but not restored, to the Mineral Planning Authority w ithin six months of the Mineral Planning Authority notifying the operator of the cessation. Any scheme that is approved shall be implemented w ithin one year of that scheme's w ritten approval unless otherw ise agreed in w riting by the Mineral Planning Authority.

Re ason: To ensure that restoration is carried as early as possible follow ing early cessation of w orking. PBCC

1. This permission covers development w ithin the area bounded by a red line on Plan No ALK/MP/A attached to and forming part of this permission and hereinafter referred to as the site. The conditions are not needed as the Alkerton Quarry is only a small part of the site. Conservation stone can be w orked as part of any other 2. The extraction of conservation stone shall be limited to the area show n bounded by a green line on Plan No ALK/MP/A. w orking phase as w ell if desired. 3. No mineral extraction shall take place on any land w ithin the site lying outside the area bounded by a green line until details of schemes of w orking, visual, dust and noise screening, access, restoration, landscaping and aftercare have been submitted to and approved by theThe proposed condition should be extended to all parts of the site outside(3) No w orking shall take place outside the areas outlined in green on Mineral Planning Authority. the Hornton Grounds and Alkerton Quarries for w hich detailed w orking approved plans HORNT/W/RevC and ALK/MP/A except in accordance plans have been proposed. The w orking plans should refer to the w ith a plan approved by the Mineral Planning Authority for the phased phasing of w orking through the site and should secure w orking at w orking of the site. The plan shall provide for w orking in only one phase distance from villages until later dates in order to give protection to their at any one time although w orks for the preparation of extraction and amenities as long as possible. restoration may take place in other phases in accordance w ith details approved by the Mineral Planning Authority. The plan should propose phasing that limits w orking closer to villages to later stages.

Re ason: To restrict the extent of w orking in order to limit environmental disturbance. Safeguarding of residential amenities

4. A screening bund shall be constructed as show n in green on DWG No ALK/W w hich shall be formed in advance of extraction and removed after final levels have been reached. The proposed conditions can be amalgamated. Minor w ording changes (55) A screening bund, 3 metres in height, 13 metres w ide across the are needed to the conditions to make them more enforceable. Shrubs base and 1 metre w ide at the top w ith sides of slopes of 1 in 2 shall be

Page 78 5. The screening bund shall be 3 metres in height, 13 metres w ide across the base and 1 metre w ide across the top, w ith sides of slopes of 1 in 2. should not be planted on the bunds as they are to be used in restoration. constructed in the location as show n in green on approved plan ALK/W Shrub planting should, how ever, take place on the land betw een Heath and marked as `permanent bund' before further w orking takes place in 6. The screening bund shall be seeded w ith grass seed and planted w ith native shrubs, to prevent w eed grow th and to reduce dust blow . Farm and the bund in order to soften the visual impact of the bund. accordance w ith this permission. The bund shall be seeded w ith grass seed w ithin six months of its construction and shall be kept w eed-free. The condition can be expanded to include screen planting to reduce The screen bund shall be removed and used in restoration on completion visual impact of w orking and bunding at Wroxton, Balscote and at Heath of w orking in the area. Farm. Re ason: To screen Heath Farm from noise, dust and visual intrusions.

(6) Within three months of the date that this permission comes into effect, a plan shall be submitted show ing proposals for planting of trees and shrubs on land betw een points A to B on approved plan 054/P/06, C to D on approved plan HORNT/MP/A and E to F on approved plan ALK/W. The planting shall be in a band at least 30m w ide. Such a plan shall include details of:-

(a) positions, species and sizes of all existing trees, shrubs and hedgerow s to be retained and the proposals for their protection throughout the operation;

(b) the positions, species, density of new planting and initial sizes of all new trees and shrubs; and

Any approved plan shall be implemented in the first planting season follow ing its approval or by such other date that the Mineral Planning Authority may agree.

Re ason: To give an early visual screening effect from future w orking. Access and highw ay safety

7. The sole vehicular access for the w orking of the area shall be as show n on DWG No ALK/W. The proposed condition should be made more precise. An additional (56) The sole vehicular access for the w orking of the area outlined in condition is needed to control the layout and construction of the access. green on approved plan ALK/MP/A shall be in the location marked `ramp to temp facilities' on approved plan ALK/W.

Re ason: To secure a safe access to the quarry.

(57) No further w orking of the area outlined in green on approved plan ALK/MP/A shall take place in accordance w ith this permission until details of the layout and construction of the access have been submitted to and approved by the Mineral Planning Authority in w riting.

Re ason: To secure a safe access to the quarry. 8. A portable w heelw ash shall be used to prevent material being deposited on the highw ay. This proposed condition w ill apply to the w hole site outside of Hornton (8) No vehicle shall enter the public highw ay unless its w heels and Grounds. It needs to be expanded to include w heelw ashes in chassis have been cleaned to prevent material being deposited on the accordance w ith an agreed plan and the cleaning of lorries. highw ay.

Re ason: In the interests of highw ay safety and to prevent mud and dust getting on the highw ay.

(9) No mineral shall be exported from any phase (as defined under condition 3) until a w heelw ash has been installed in the phase in accordance w ith details approved by the Minerals Planning Authority.

Re ason: In the interests of highw ay safety and to prevent mud and dust getting on the highw ay. 9. No loaded lorries shall leave the site unsheeted. Agreed. (20) No loaded lorries shall leave the site unsheeted.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. Protection of Public Rights of Way

10. The routes of the temporary diversions of the public rights of w ay are show n on DWG No ALK/FP. These routes shall be fenced to protect the users from operations, the fencing to be approved by the Mineral Planning Authority. At points of public access to the site suitableThe proposed condition should require footpath diversions to take place (58) No further w orking in accordance w ith this permission shall take signs shall be erected to w arn members of the public of a diversion and to w arn of `Danger Mineral Workings'. before w orking as extraction w ill start from the w estern edge w hich is place in the area outlined in green on approved plan ALK/MP/A until the described by a footpath. Signs should be erected on the footpaths not public rights of w ay on the w estern boundary and through the area have on the w orking site. been diverted. Any diverted right of w ay on the edge of the site shall be fenced in accordance w ith a scheme approved by the Mineral Planning Authority at the start of the diversions. Signs shall be erected to w arn

Page 79 members of the public of `Danger Mineral Working'.

Re ason: To protect public rights of w ay from damage and users from danger. Working Plan for Alkerton Quarry

11. The w orking of the site shall be carried out only in accordance w ith the w orking operations and programme and phasing plans, set out in the Working Plan and on DWG No ALK/W, unless otherw ise agreed in w riting by the Minerals Planning Authority. Agreed, but reference should be made to approved plans. (59) The w orking of the area outlined in green on approved plan ALK/MP/A shall be carried out only in accordance w ith that approved plan and the approved `Working Plan for Alkerton Quarry' unless otherw ise agreed in w riting by the Mineral Planning Authority in w riting.

Re ason: To ensure that the w orking is carried out as proposed. 12. No material shall be burnt on site. Agreed. (23) No material shall be burnt on site.

Re ason: To prevent air pollution. 13. No blasting shall be carried out. Agreed. (24) No blasting shall be carried out on site.

Re ason: To prevent noise intrusion and vibrations to local residents. 14. The w orking of the dressed stone at the existing stone w orking compound at Hornton Grounds Quarry shall be as set out in the Working Plan. Agreed, but reference should be made to approved plans. (25) The existing conservation stone w orkings in the area outlined in green on approved plan HORNT/E/B shall be contained w ithin the compound show n on that approved plan and its operations shall be only as set out in the approved `Working Plan for Hornton Grounds'.

Re ason: To ensure that the conservation stone compound is properly controlled. Plant and machinery

15. Notw ithstanding the provisions of the Tow n and Country Planning (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order, no buildings, plant, machinery, or structure (w hether a fixed or portable design) shall be erected or placed on Agreed. (26) Notw ithstanding the provisions of the Tow n and Country Planning site w ithout the prior approval of the Mineral Planning Authority. (General Permitted Development) Order 1995, or any Order revoking and re-enacting that Order, no additional buildings, plant, machinery or structure (w hether a fixed or portable design) shall be erected or placed on site w ithout the prior approval of the Mineral Planning Authority.

Re ason: To allow the Mineral Planning Authority to maintain control over potentially noisy or inappropriate development. 16. All fixed plant and machinery shall be removed and the site restored in accordance w ith condition 29 w ithin one year of the completion of mineral extraction operations. The proposed condition should refer to removal of all excavation (54) All fixed plant and machinery shall be removed from the areas equipment on any part of the site in a phased manner. outlined in green on approved plans HORNT/MP/A and ALK/MP/A once w orking has ceased in that area and the land shall be restored, in accordance w ith agricultural restoration schemes approved by the Mineral Planning Authority w ithin one year of w ork ceasing in that area or as may be agreed by the Mineral Planning Authority in w riting.

Re ason: To ensure that restoration takes place as quickly as possible. Hours of w orking

17. Except in emergencies to maintain safe quarry w orking (w hich shall be notified to the MPA as soon as practicable), or unless the MPA has agreed otherw ise in w riting, The condition needs to be simplified and split betw een general operations(27) Except w ith the prior arrangement of the Mineral Planning Authority and the noisier bund formation. The later start proposed by Grundons in w riting, no operations authorised or required by this permission shall a) No operations, other than w ater pumping, servicing, environmental monitoring, maintenance and testing of plant shall be carried out at the site except betw een the follow ing times: (no. 4) is in line w ith the Code of Practice in the Minerals and Waste Localbe carried out and plant shall not be operated or lorries loaded or 0600 hrs and 1800 hrs Monday to Friday Plan. despatched, other than during the follow ing hours: 0600 hrs and 1300 hrs Saturdays betw een 0700 and 1800 hours, Mondays to Fridays; b) No operations for the formation and subsequent removal of material from the bund and soil storage areas shall be carried out at the site except betw een the follow ing times: 0700 and 1300 hours on Saturdays. 0800 hrs and 1800 hrs Monday to Friday 0800 hrs and 1300 hrs Saturdays No such operations shall take place on Sundays or recognised public holidays or on Saturdays immediately follow ing bank holiday Fridays. c) No operations other than maintenance and testing of plant and environmental monitoring of w ater pumping at the site shall take place on Sundays, evenings or public holidays. Re asons: In the interests of the amenities of the area.

(28) No operations for the formation and subsequent removal of material from the bunds and soil storage areas shall be carried out at the site except betw een:

0800 and 1800 hours, Mondays to Fridays; 0800 and 1300 hours on Saturdays.

No such operations shall take place on Sundays or recognised public holidays or on Saturdays immediately follow ing bank holiday Fridays.

Re ason: In the interests of the amenities of the area. Noise

Page 80 18. All vehicles, plant and machinery operated w ithin the site shall be maintained in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use effective silencers. Agreed. (29) All vehicles, plant and machinery operated w ithin the site shall be maintained in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use effective silencers.

Re ason: To reduce noise levels in the vicinity of the w orking area to acceptable levels. 19. No audible equipment w arning of reversing vehicles shall be used on the mobile plant, except in accordance w ith details to be agreed by the Mineral Planning Authority. Audible w arning equipment is not necessary at quarries and can cause (30) No audible equipment w arning of reversing vehicles shall be used justifiable noise complaints from neighbours. Other, non-audible forms of on the mobile plant, unless otherw ise agreed by the Mineral Planning w arning of reversing mobile plant are available. The recommended Authority in w riting. condition allow s the operator to convince the Mineral Planning Authority that no problems w ill occur w ith audible w arning systems in certain Re ason: To reduce noise intrusion in the area. circumstances. 20. Betw een the hours of 0600 and 1800 on Mondays to Fridays and 0600 and 1300 on Saturdays, the noise levels arising from the operations shall not exceed 55 dB L Aeq 1 hr freefield at Heath Farm. The proposed condition should relate to recommended operating hours (33) Betw een the hours of 0700 and 1800 on Mondays to Fridays and (recommended condition 27) and to other residential properties nearby. 0700 and 1300 hours on Saturdays, the noise levels arising from the operations in the area edged green on approved plan ALK/MP/A shall not exceed 55 dB L Aeq 1hr freefield w hen measured 2.5 metres from any noise sensitive location at Heath Farm or any other residential property in the vicinity of this area. If these noise limits are exceeded the w orking w ill stop until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise limits are not exceeded.

Re asons: To reduce noise levels in the vicinity of the w orking area to acceptable levels. 21. For up to 6 w eeks in any one year, during the soil stripping and initial construction of the bund, noise levels shall not exceed 65 dB L Aeq 1 hr freefield at Heath Farm. The proposed condition should relate to both Hornton Grounds and (34) Soil stripping and respreading and construction and removal of the Alkerton Quarries and to any residential property nearby. bund shall not take place for longer than six consecutive w eeks in any year. Noise levels from these activities shall not exceed 65dB L Aeq 1hr freefield w hen measured 2.5from any noise sensitive location in the vicinity of these areas. If these noise limits are exceeded the w orking w ill stop until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise limits are not exceeded.

Re ason: To reduce noise levels in the vicinity of the w orking areas to acceptable levels. 22. When the w orkings come w ithin 100 metres of Heath Farm, noise monitoring shall be carried out once every tw o months, the results shall be kept at the site office at Hornton Grounds Quarry and shall be made available to the Mineral Planning Authority at all reasonable The proposed condition should apply earlier (200 metres) as no w orking (35) When w orkings come w ithin 200 metres of Heath Farm, noise times; if agreed noise limits are exceeded measures shall be taken, to the satisfaction of the Mineral Planning Authority, to ensure that the limits are complied w ith. is proposed closer than 100 metres to Heath Farm. The condition should monitoring shall be carried out once every tw o months. The results shall include sanctions, if the noise levels are exceeded, to make it more be kept at the site office and shall be made available to the Mineral enforceable. Planning Authority on request at all times that the quarry is in operation. If the noise levels exceed 55dB L Aeq 1hr freefield w hen measured 2.5 metres from any noise sensitive location at Heath Farm, then w orking w ill stop until measures have been agreed in w riting w ith the Mineral Planning Authority to ensure that noise levels are not exceeded.

Re ason: To reduce noise levels in the vicinity of Heath Farm to tolerable levels. Dust

23. The monitoring of dust at Heath Farm shall be carried out in accordance w ith a scheme to be submitted by 31 July 1997 and approved by the Mineral Planning Authority. The proposed condition should be linked w ith the needs for dust control (37) In the area outlined in green on approved plan HORNT/W/RevC the at Hornton Grounds Quarry. monitoring of dust shall be carried out in accordance w ith a plan approved by the Mineral Planning Authority in w riting adjacent to the access road, on the northern boundary betw een the w orking area and Hornton and at a site dow nw ind of the prevailing south-w esterly w ind direction. In the area outlined in green on approved plan ALK/MP/A the monitoring of dust shall be carried out in accordance w ith a plan approved by the Mineral Planning Authority in w riting and shall include monitoring adjacent to Heath Farm. This monitoring shall be undertaken continuously for a period of one month per quarter of a year, to include months w hen soil stripping or soil replacement is taking place.

Re ason: To ensure that dust levels are monitored. Floodlighting

24. Details of the portable floodlighting to be used on site shall be submitted by 31 July 1997 and approved by the Mineral Planning Authority. The proposed condition needs to be modified to give more control to the (39) No floodlighting or speakers of a tannoy system shall be used on Mineral Planning Authority on details of floodlighting. The condition could site, except in accordance w ith details approved in w riting by the Mineral also incorporate Grundons' condition (No 3) in relation to noise from Planning Authority. tannoys. Re ason: To avoid light and noise pollution to nearby residential properties. Phasing at Alkerton Quarry

25. The maximum area of the site, w hich at any one time may be stripped of topsoil in advance of w orking , or under excavation, or excavated but not restored, shall not exceed 0.5ha (excluding static operations), unless agreed w ith the Mineral Planning Authority. Reference should be made to approved plans, static operations should (42) The maximum area of that part of the site outlined in green on

Page 81 be defined and the need to get agreement in w riting should be included. approved plan ALK/MP/A w hich at any time may be stripped of topsoil in advance of w orking, or under excavation, or excavated but not restored, shall not exceed 0.5 hectares (excluding roadw ays, office and w heelw ash) unless agreed by the Mineral Planning Authority in w riting.

Re ason: To ensure that the maximum area is available for uses other than quarrying. 26. Soil stripping, excavation of minerals and restoration shall take place progressively and in accordance w ith the direction and phasing of w orking show n on DWG No ALK/W. Reference to approved plans is needed as w ell as commencement of (44) On the area outlined in green on approved plan ALK/MP/A, soil operations from the w estern boundary, otherw ise the w estern boundarystripping, excavation of minerals and restoration shall take place w ill be left in situ as a visually anomalous ridge as show n on submitted progressively from the w estern boundary and in accordance w ith the cross sections. direction and phasing of w orking show n on approved plan ALK/W.

Re ason: To ensure proper w orking and restoration of the site. 27. Soils and overburden shall be removed after stripping directly to the area of restoration. The proposed condition should refer to soils being immediately respread (45) Soils and overburden to be stripped but not required for the once in the restoration area. construction of screening bunds shall be removed directly to the area of restoration for immediate respreading.

Re ason: To aid good restoration. Infilling of the Alkerton site

28. The mineral w aste from the quarry shall be levelled and graded in accordance w ith the restoration contours show n on DWG No ALK/PDR. The proposed condition should refer to the approved plans for Hornton (46) Mineral w aste arising from quarrying in the area outlined in green on Grounds and Alkerton and should have additional w ording that w ill allow approved plan HORNT/W/RevC, shall be levelled and graded in a less angular restoration that is more in keeping w ith the area to be accordance w ith the restoration contours show n on approved plan secured. An additional condition is required that eliminates the possibility HORNT/PDR/B except that the finished slopes shall be rolled so that no of w orking taking place in the valley to the w est of Hornton so that it can sharp changes of slope result. Plans shall be submitted to the Mineral be seen from Hornton or have a permanent effect on the view from Planning Authority show ing cross-sections through the restored quarry Hornton. edges to achieve the slope shape required by this condition. Any plan that is approved shall be implemented.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. Restoration of the Alkerton site

29. The site shall be progressively restored to agriculture in accordance w ith the approved restoration scheme. Restoration plans have been submitted for both Hornton Grounds and (49) In the areas outlined in green on approved plans HORNT/W/RevC Alkerton Quarries. The proposed conditions should refer to the w orking and ALK/MP/A the land shall be progressively restored to agriculture in areas of those quarries by reference to approved plans. accordance w ith the approved restoration schemes for those areas.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. Aftercare at the Hornton grounds site

30. The aftercare of the site shall be carried out in accordance w ith the approved aftercare scheme. Aftercare schemes have been proposed for both the Hornton Grounds (51) The aftercare of the land outlined in green on approved plans and Alkerton Quarries and the proposed condition should refer to the HORNT/W/RevC and ALK/MP/A shall be carried out in accordance w ith w orking areas of those quarries by reference to approved plans. the respective approved aftercare schemes.

Re ason: To ensure that the restored land is brought back to its full agricultural potential. End Date

31. The development shall cease not later than 312042 and the land shall be restored and reinstated, in accordance w ith these conditions w ithin one year of that date. Agreed except that the proposed condition should be slightly rew orded to(52) The development shall cease not later than 31 December 2042 and make it more enforceable. all the land w orked shall be restored in accordance w ith conditions of this permission w ithin one year of that date.

Re ason: To comply w ith Section 91 of the Tow n and Country Planning Act 1970. 32. In the event of cessation of w inning and w orking of minerals prior to the achievement of the completion of the approved restoration scheme (condition 29) w hich in the reasonable opinion of the Mineral Planning Authority constitutes a permanent cessation w ithin the terms Reference to the opinion of the Mineral Planning Authority in the proposed(53) In the event of cessation of w inning and w orking of minerals for of paragraph 3 of schedule 9 of the Tow n and Country Planning Act 1990 or any subsequent Act w hich revokes or re-enacts that Act, a revised scheme, to include details of reclamation and aftercare, shall be submitted in w riting for the approval of the Mineral Planning condition is imprecise and is not needed. A lesser period of time for tw o years or more prior to the end date set in Condition 52, w hich Authority w ithin 2 years of the cessation of w inning and w orking. The approved scheme shall be fully implemented w ithin one year of that scheme's w ritten approval by the Mineral Planning Authority unless otherw ise agreed in w riting by the Mineral Planning Authority. requiring a restoration plan is needed than proposed as the quarry w ill constitutes a permanent cessation w ithin the terms of paragraph 3 of have been unw orked for tw o years. Schedule 9 of the Tow n and Country Planning Act 1990 or any subsequent Act w hich revokes or re-enacts that Act, a revised scheme of aftercare and restoration shall be submitted, for those areas w orked but not restored, to the Mineral Planning Authority w ithin six months of the Mineral Planning Authority notifying the operator of the cessation. Any scheme that is approved shall be implemented w ithin one year of that scheme's w ritten approval unless otherw ise agreed in w riting by the Mineral Planning Authority.

Re ason: To ensure that restoration is carried as early as possible follow ing early cessation of w orking. Grundons

Page 82 1. The development hereby permitted shall be carried out in accordance w ith the follow ing plan nos. 054/P/01, 054/P/02, 054/P/03, 054/P/04, 054/P/05 and 054/P/06, the details of w hich are hereby approved except as amended by the follow ing conditions: This proposed compliance condition needs to be expanded to include all (1) No development shall be carried out other than in strict accordance the plans submitted by the three applicants and the other w ritten details. w ith the approved plans ALK/E, ALK/W, ALK/PDR/X, ALK/FP, ALK/PDR, In addition, the condition needs to be w orded negatively in order to make ALK/MP/A, 054/P/01, 054/P/02, 054/P/03, 054/P/04, 054/P/05, 054/P/06, it more enforceable. HORNT/MP/A, HORNT/N/A, HORNT/RA/A, HORNT/W/RevC, HORNT/E/B, HORNT/E/B, HORNT/E/X/A, HORNT/BW/A, HORNT/PDR/B, and details submitted w ith the application unless otherw ise approved in w riting by the Mineral Planning Authority and unless modified by conditions of this permission.

Re ason: For the avoidance of doubt and to maintain planning control over the site. 2. The extraction of minerals shall cease not later than 60 years from the date these conditions are approved and all restoration operations, excluding aftercare shall be completed w ithin tw o years of that date. The present end date for ironstone w orking is 2042 set by the Tow n and(52) The development shall cease not later than 31 December 2042 and Country Planning (Minerals) Act 1981. It is considered that an extension all the land w orked shall be restored in accordance w ith conditions of of that date by an additional 16 years is unnecessarily long. The other this permission w ithin one year of that date. applicants have proposed the 2042 end date. Re ason: To comply w ith Section 91 of the Tow n and Country Planning Act 1970. 3. Notw ithstanding the provisions of the Tow n and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), no buildings, plant, fixed machinery or floodlighting shall be erected, nor shall any speakers of tannoy Agreed, but split into tw o conditions. PPBS proposed condition 17 is (26) Notw ithstanding the provisions of the Tow n and Country Planning system be installed unless a specific grant of planning permission has been obtained in respect thereof. agreed in recommended condition 26 and the floodlighting and the tannoy (General Permitted Development) Order 1995, or any Order revoking and system are covered by recommended condition 39. re-enacting that Order, no additional buildings, plant, machinery or structure (w hether a fixed or portable design) shall be erected or placed on site w ithout the prior approval of the Mineral Planning Authority.

Re ason: To allow the Mineral Planning Authority to maintain control over potentially noisy or inappropriate development.

(39) No floodlighting or speakers of a tannoy system shall be used on site, except in accordance w ith details approved in w riting by the Mineral Planning Authority.

Re ason: To avoid light pollution to nearby residential properties.

4. No machinery other than w ater pumps shall be operated, nor shall any w ork be undertaken in connection w ith the removal of soil, extraction of minerals, despatch or movement of mineral transporting vehicles, maintenance of plant, or subsequent restoration, except The condition needs to be simplified and split betw een general operations(27) Except w ith the prior arrangement of the Mineral Planning Authority betw een the follow ing times: and the noisier bund formation. The later start proposed by Grundons in w riting, no operations authorised or required by this permission shall (no. 4) is in line w ith the Code of Practice in the Minerals and Waste Localbe carried out and plant shall not be operated or lorries loaded or 07.00 18.00 Mondays to Fridays Plan. despatched, other than during the follow ing hours: 07.00 13.00 Sundays betw een 0700 and 1800 hours, Mondays to Fridays; and no such operations or w ork, unless of a life threatening emergency as may be notified to the County Planning Authority, shall be carried out on Sundays, Bank or Public Holidays. Any w ork of a life threatening emergency shall be notified in w riting to the County Planning 0700 and 1300 hours on Saturdays. Authority w ithin three w orking days of such an emergency. No such operations shall take place on Sundays or recognised public holidays or on Saturdays immediately follow ing bank holiday Fridays.

Re asons: In the interests of the amenities of the area.

(28) No operations for the formation and subsequent removal of material from the bunds and soil storage areas shall be carried out at the site except betw een:

0800 and 1800 hours, Mondays to Fridays; 0800 and 1300 hours on Saturdays.

No such operations shall take place on Sundays or recognised public holidays or on Saturdays immediately follow ing bank holiday Fridays.

Re ason: In the interests of the amenities of the area. 5. Before the commencement of development on the site of a scheme specifying the depths of topsoil, subsoil and mineral w aste available for restoration and a plan indicating the position, size, height and duration of stockpiles to be used for the separate storage of topsoil, This condition should apply to all areas outside Hornton Grounds and (62) Before the commencement of development on any phase, except subsoil and mineral w aste, shall be submitted to and approved by the Mineral Planning Authority. The storage of topsoil, subsoil and mineral w aste shall be carried out in accordance w ith the approved scheme and plan. Soil mounds shall be sow n w ith grass seed. Weeds Alkerton Quarry. those outlined in green on approved plans ALK/MP/A and shall be controlled by cutting or herbicides. All soils shall be retained on site. HORNT/W/RevC, a noise survey shall be carried out giving the The condition should be expanded to cover both soil mounds (bunds) andbackground noise levels in the phase area and the predicted noise levels additional unw orked buffer zones to give noise, dust and visual of quarrying. Proposals for mounding of topsoil, subsoil, and overburden, protection from adjoining properties. together w ith unw orked buffer zones, shall be submitted to the Mineral Planning Authority such that quarrying w ill not give a background noise increase of 5 dB LA eq 1 hour freefield w hen measured 2.5 metres from a noise sensitive site in or near the phase. No w orking shall take place except in accordance w ith approved proposals follow ing a noise survey.

Re ason: To ensure that all w orkings are w ell screened from residential

Page 83 properties.

Re ason: To protect residents of Hornton village from noise intrusion and to limit visual and dust intrusion. 6. All topsoil shall be separately stripped from the subsoil and stored in positions approved by virtue of Condition 5. All subsoil shall be separately stripped and stored in positions approved by virtue of Condition 5. Any soil making materials shall be stored in positions approved These points are covered by recommended conditions 10 and 64. (64) Topsoil, subsoil and overburden shall be separately stripped from by virtue of Condition 5. one another, separately temporarily stored w hen necessary and separately respread.

Re ason: To ensure restoration to agriculture of the highest possible grade.

(10) No mineral extraction shall take place on any land w ithin the site outside the areas bounded by green lines on approved plans HORNT/W/RevC and ALK/MP/A until details of w orking, including phasing, method of soil stripping, mineral stockpiling and plant to be used, method of extraction and plant to be used, visual and dust control, access, restoration, landscaping and aftercare have been submitted to and approved by the Mineral Planning Authority.

Re ason: In order to properly control mineral w orking w ithin the site. 7. No soil materials shall be stripped, handled or replaced, except w hen the soil is in a dry and friable condition and the w eather conditions are dry. Agreed. (65) No soil shall be stripped, handled or replaced except w hen the soil is in a dry and friable condition and the w eather conditions are dry.

Re ason: To ensure restoration to agriculture of the highest possible grade. 8. Before the commencement of development on the site, details of the access shall be submitted to the Mineral Planning Authority for approval. Encompassed in a general reserved matter w orking condition and a more (10) No mineral extraction shall take place on any land w ithin the site specific access condition. outside the areas bounded by green lines on approved plans HORNT/W/RevC and ALK/MP/A until details of w orking, including phasing, method of soil stripping, mineral stockpiling and plant to be used, method of extraction and plant to be used, visual and dust control, access, restoration, landscaping and aftercare have been submitted to and approved by the Mineral Planning Authority.

Re ason: In order to properly control mineral w orking w ithin the site.

(84) No access shall be formed or used to any part of the site except that outlined in green on approved plans HORNT/W/RevC or ALK/MP/A until the Mineral Planning Authority has agreed the position, design and construction details of that access.

Re ason: For the safety of users of the highw ay. 9. The access road shall be metalled to a w idth of 5.5 metres for a distance of 20 metres from the public highw ay. Agreed, but needs to refer back to condition under w hich new access (66) No access roads approved under Condition 10 shall be less than road is to be permitted. 5.5 metres w ide and they shall be metalled for at least 20 metres from the public highw ay.

Re ason: In the interests of highw ay safety. 10. All vehicles and machinery entering and leaving the site shall only use the access points indicated on the approved plans. Agreed in principle, w ording changed to make condition more (68) No vehicular accesses to the public highw ay, other than those enforceable. approved under conditions of this permission, shall be formed or used.

Re ason: In the interests of highw ay safety. 11. The w heels of all vehicles leaving the permission site shall be clean and if necessary, provision shall be made for w heel cleaning facilities to be available in order to prevent the deposit of mud on the public highw ay. Details of the method of w heel cleaning shall be submittedCleaning of w heels, keeping access roads free of mud and provision of to the Mineral Planning Authority for approval. w heel cleaning facilities are covered by recommended conditions. Wheel(9) No mineral shall be exported from any phase (as defined under cleaning facilities should be provided at each access unless the operator condition 3) until a w heelw ash has been installed in the phase in can make a good case w hy not. accordance w ith details approved by the Minerals Planning Authority.

Re ason: In the interests of highw ay safety and to prevent mud and dust getting on the highw ay.

(17) The w heel cleaning facilities show n on approved plan HORNT/E/B shall be maintained in the positions show n on the approved plan during the w orking of stone in the areas outlined in green on approved plans HORNT/W/RevC and ALK/MP/A and for the period of operation of the conservation stone compound as show n on approved plan HORNT/E/B.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay.

(18) No lorries shall leave any part of the area bounded in green on approved plan HORNT/W/RevC unless its w heels and chassis have been

Page 84 sufficiently cleaned to prevent mud being deposited on the highw ay.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. 12. Vehicles transporting minerals from the permission site shall be sheeted to prevent spillage. PBBS proposed condition 11 agreed Ä similar w ording. (20) No loaded lorries shall leave the site unsheeted.

Re ason: To prevent mud being brought onto the highw ay for the safety of users of the highw ay. 13. No development shall commence until a scheme of noise monitoring and control has been submitted to and approved by the Mineral Planning Authority. The scheme shall include: Agreed in principle, but scheme should include recording of ambient noise(36) No development shall commence on any phase of the site, except levels, definition of acceptable noise limits and temporary mitigating that outlined in green on approved plans HORNT/W/RevC and ALK/MP/A, i) Noise monitoring locations measures if noise limits are exceeded. This condition w ill complement until a scheme of noise monitoring and control for that part has been ii) Frequency of measurements recommended condition 62. submitted to and approved by the Mineral Planning Authority. The scheme iii) Modelling procedures shall include: iv) Procedure to be adopted if noise limits go above an agreed level (i) measurement of ambient noise levels; (ii) noise monitoring locations; (iii) frequency of measurements; (iv) limits of noise at any specified location; and (v) cessation of w orking until noise reduction measures have been agreed in w riting w ith the Mineral Planning Authority if noise levels have been exceeded.

Re asons: To reduce noise levels in the vicinity of the w orking area to acceptable levels. 14. All vehicles and plant operated w ithin each site shall be maintained and operated in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use approved silencers. PBBS proposed condition 20 w ording agreed Ä similar w ording. (29) All vehicles, plant and machinery operated w ithin the site shall be maintained in accordance w ith the manufacturer's specification at all times and shall be fitted w ith and use effective silencers.

Re ason: to reduce noise levels in the vicinity of the w orking area to acceptable levels. 15. No extraction operations shall take place w ithin 10 metres of the highw ay or any boundary of the site. (Batters to be left at the boundary of the site shall be no greater than 1 in 1.) No extraction operations shall take place w ith 1.5 times the spread of any tree at the Agree w ith no w orking close to boundaries or close to trees. Do not (69) No w orking shall take place w ithin 10 metres of the public highw ay boundary of the site. agree w ith 1 in 1 batters. Batters should be more than 1 in 8 in order thator other boundary of the site except as may otherw ise be agreed by the agricultural use can be carried out safely. Mineral Planning Authority in w riting.

Re ason: To ensure that the boundaries of the site are maintained.

(71) No extraction or other operations shall take place w ithin 1.5 times the spread of any tree at the boundary of the site.

Re ason: To protect existing mature trees.

(70) No restoration of the boundaries of the site shall take place that has slopes steeper than 1 metre vertical to 8 metres horizontal unless otherw ise agreed in w riting by the Mineral Planning Authority. Finished slopes shall be rolled so that no sharp changes of slope result. Plans shall be submitted to the Mineral Planning Authority show ing cross-sections through the restored quarry edges to achieve the slope shape required by this condition.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. 16. No extraction operations shall take place close to any electric pylon or poles. The margin to be left to be agreed w ith the Mineral Planning Authority. Agree in principle, but there should be a specific time by w hich the (72) No extraction shall take place w ithin 100 metres of any electric margin should be defined. Preventing w orking w ithin 100 metres of any pylon or poles or underground electricity cables except in accordance pylon w ould secure its safety until a plan is approved, follow ing w ith a scheme to be agreed by the Mineral Planning Authority in w riting. consultations w ith the electricity companies, w hich may w ell allow closer w orking. Re ason: To ensure the stability of electricity pylons, poles or cables. 17. No regrading nor stockpiling of soils, minerals or mineral w aste shall take place w ithin 5 metres of the boundaries of the site or of any tree or hedgerow . The w ording has been varied slightly to protect trees and hedgerow s on (73) No regrading nor stockpiling of soils, minerals or mineral w aste shall the boundaries of w orking areas only. Other trees and hedgerow s take place w ithin 5 metres of any tree or hedgerow on the boundary of w ithin the site w ill be removed in any event. the site.

Re ason: To ensure trees and hedgerow s are protected. 18. No development shall commence until a scheme of dust Agreed, subject to slight w ording changes to refer to phasing, to all (74) No development shall take place in any phase of w orking except in suppression has been submitted and approved by the Mineral sources of dust, to acceptable dust limits and to mitigating measures. accordance w ith a scheme of dust suppression w hich shall include:- Planning Athority (i) dust monitoring locations; (ii) frequency of sampling; (iii) suppression of dust from any operations in the site; The scheme shall include:- (iv) levels of dust that must not be exceeded w hen measured at the dust monitoring locations. i) Dust monitoring locations (v) mitigating measures that w ill be implemented in the event that

Page 85 ii) Frequency of sampling dust levels are exceeded. iii) The suppression of dust caused by the moving and storage of soil, overburden and mineral w aste w ithin the site and during extraction and processing operations. Re ason: To ensure that dust pollution is not a problem for residents 19. At least 14 days' notice of commencement of a soil stripping programme shall be given to the Mineral Planning Authority and the developer shall afford access at all reasonable times to archaeologists nominated by the Mineral Planning Authority w ho shall be allow ed to close to the site. observe the excavations and record items of interest and finds. Agreed (75) At least 14 days' notice of commencement of a soil stripping programme shall be given to the Mineral Planning Authority and the operator shall afford access at all reasonable times to archaeologists 20. There shall be no direct connection betw een the site and any w atercourse except w ith the prior approval of the Mineral Planning Authority. nominated by the Mineral Planning Authority w ho shall be allow ed to observe the excavations and record items of interest and finds.

21. There shall be no discharge of w ater containing any offensive or injurious matter to any w atercourse. Re ason: To ensure the recording of any archaeological finds.

(94) There shall be no direct connection betw een the pits and any Agreed with slight wording changes proposed by w atercourse. Environment Agency so that it is only workings that are not connected to water courses. Re ason: To prevent pollution of the w ater environment. (95) Surface w ater drainage of any restored phase shall be in accordance w ith a scheme to be agreed by the Mineral Planning The Environment Agency prefers a surface w ater drainage plan to be in Authority before extraction begins in that phase. place and for it to be implemented. The Wroxton and Balscote Action Group also w ant such a plan in advance of w orking. Re ason: To prevent the risk of flooding and of pollution of the w ater environment. 22. No dew atering of the excavations shall be permitted w hilst nearby w atercourses are running bank full under flood conditions. The Environment Agency proposed conditions to control surface w ater. (96) No pumping from the excavations shall take place w hilst the adjoining w atercourses are running bank full.

Re ason: To prevent the risk of flooding.

(97) No w atercourse shall be incorporated into the w orkings.

Re ason: To prevent pollution of the w ater environment.

(98) No w orking shall take place that w ill derogate from any domestic and licensed groundw ater sources in the area.

Re ason: To prevent adverse effects on groundw ater sources.

(99) No w orking shall take place that w ill adversely affect flow s or levels in any river, stream, ditch, spring, lake or pond in the vicinity.

Re ason: To prevent adverse effects on surface w ater sources. 23. No fuel or oil storage tanks shall be placed on the site unless sited on an impervious base and surrounded by oil-tight bunded w alls. The bunded areas shall be capable of containing 110% of the tank's volume and shall enclose all fill and draw pipes. The vent pipe shall be Agreed. Generally agreed, but access times to records and mitigation (40) All fuel tanks shall be sited on a concrete base surrounded by bund directed dow nw ards into the bunded areas. measures if levels are exceeded should be made clearer. Proposed w alls capable of retaining at least 110% of the tank volume and any conditions 23 and 24 need to be extended to the proposed Alkerton spillages from fill or draw pipes. Any w ater w hich accumulates in the Quarry. bunded area shall be removed and disposed of in a manner appropriate to the quality of the w ater.

Re ason: To revert pollution of the groundw ater. 24. Prior to the commencement of extraction operations w ithin any areas, a detailed scheme of w orking, based on plan nos 054/P/01, 054/P/02, 054/P/03, 054/P/04 and 054/P/05, shall be submitted for the approval to the Mineral Planning Authority. The scheme shall include the Recommended conditions 3 and 10 cover the phased w orking of sites (3) No w orking shall take place outside the areas outlined in green on follow ing:- other than at Hornton Grounds and Alkerton for w hich detailed plans approved plans HORNT/W/RevC and ALK/MP/A except in accordance w ere submitted. w ith a plan approved by the Mineral Planning Authority for the phased i) The phased w ork of the area w orking of the site. The plan shall provide for w orking in only one phase ii) Method of soil stripping, mineral stockpiling and plant to be used at any one time although w orks for the preparation of extraction and iii) Method of extraction and plant to be used. restoration may take place in other phases in accordance w ith details approved by the Mineral Planning Authority. The plan should propose phasing that limits w orking closer to villages to later stages.

Re ason: To restrict the extent of w orking in order to limit environmental disturbance.

Page 86 Re ason: In order to properly control mineral w orking w ithin the site. 26. At least three w orking days but not more than 21 days' notice shall be given in w riting to the Mineral Planning Authority before soil stripping operations commence. The proposed condition has been made more precise in the (75) At least 14 days' notice of commencement of a soil stripping recommended condition by reference to one date for notice to be given programme shall be given to the Mineral Planning Authority and the and includes reference to allow ing archaeologists to view the operator shall afford access at all reasonable times to archaeologists excavations. nominated by the Mineral Planning Authority w ho shall be allow ed to observe the excavations and record items of interest and finds.

Re ason: To ensure the recording of any archaeological finds. 27. On cessation of mineral extraction the haul roads, foundations, hardstandings, all buildings, plant and fences, excluding protective fencing for planted areas, shall be removed. The proposed condition should give a timescale for removal of items and (77) Restoration shall include removal of all haul roads, foundations, should refer to phasing. hardstandings, buildings, plant, structures and fences, excluding protective fencing for planted areas, unless otherw ise agreed in w riting by the Mineral Planning Authority.

Re ason: To ensure the best possible agricultural restoration. 28. Except as otherw ise agreed w ith the Mineral Planning Authority, the finished level of the site shall conform to those contours indicated on the approved plans. The proposed condition is part of the restoration requirements of the site (79) Prior to the commencement of extraction operations w ithin any and is included in the proposed recommended condition. phase except the areas outlined in green on approved plans HORNT/W/RevC and ALK/MP/A, a detailed landform restoration scheme to include proposals for planting w ith trees, hedgerow s and the progressive return of the land to agriculture or forestry, shall be submitted to the Mineral Planning Authority. The scheme shall also include details of:- (i) the nature of the intended after-use of the site; (ii) the sequence and phasing and reclamation show ing clearly their relationship to the w orking scheme; (iii) the respreading over the floor of the excavated area of mineral w aste, overburden, subsoil and topsoil previously stripped from the site, in that order and the depths and placement of respreading materials; (iv) the ripping of any compacted layers of final cover to ensure adequate drainage and aeration; such ripping should normally take place before placing of the topsoil; (v) the machinery to be used in soil respreading operations; (vi) the final levels of the reclaimed land and the gradient of the restored slopes around the margins of the extraction; (vii) drainage of the reclaimed land including the formation of suitably graded contours to promote natural drainage w here possible or, if not, artificial drainage; (viii) the reinstatement of the site and access road by clearing plant, buildings, machinery, deep cultivation in both directions to remove rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the sites; and the phased planting and seeding of the restored area. Any scheme that is approved shall be implemented.

Re ason: To ensure the most successful restoration possible. 29. Prior to the commencement of extraction operations w ithin any area, a detailed landform restoration scheme based on plan nos 054/P/01, 054/P/02, 054/P/03, 054/P/04 and 054/P/05 to include proposals for planting w ith trees, hedgerow s and the progressive return of the The principle of this condition is agreed, but it should extend to all parts of(79) Prior to the commencement of extraction operations w ithin any landthe site for w hich restoration details w ere not submitted and should phase except the areas outlined in green on approved plans to include possible artificial drainage. HORNT/W/RevC and ALK/MP/A, a detailed landform restoration scheme to agri include proposals for planting w ith trees, hedgerow s and the cult progressive return of the land to agriculture or forestry, shall be ure submitted to the Mineral Planning Authority. The scheme shall also include or details of:- shall be submitted to the Mineral Planning Authority for approval. The scheme shall also include details of:- (i) the nature of the intended after-use of the site; i) the nature of the intended after-use of the site (ii) the sequence and phasing and reclamation show ing clearly ii) the sequence and phasing and reclamation show ing clearly their relationship to the w orking scheme their relationship to the w orking scheme; iii) the respreading over the floor of the excavated area of mineral w aste, subsoil and topsoil previously stripped from the site, in that order and the depths and placement of respreading materials (iii) the respreading over the floor of the excavated area of mineral iv) the ripping of any compacted layers of final cover to ensure adequate drainage and aeration; such ripping should normally take place before placing of the topsoil w aste, overburden, subsoil and topsoil previously stripped v) the machinery to be used in soil respreading operations; from the site, in that order and the depths and placement of vi) the final levels of the reclaimed land and the gradient of the restored slopes around the margins of the excavation respreading materials; vii) drainage of the reclaimed land including the formation of suitably graded contours to promote natural drainage w here possible (iv) the ripping of any compacted layers of final cover to ensure vii) the reinstatement of the site and access road by clearing plant, buildings, machinery, deep cultivation in both directions to remove rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the sites adequate drainage and aeration; such ripping should normally viii) the phased planting and seeding of the restored area. take place before placing of the topsoil; (v) the machinery to be used in soil respreading operations; (vi) the final levels of the reclaimed land and the gradient of the restored slopes around the margins of the extraction; (vii) drainage of the reclaimed land including the formation of suitably graded contours to promote natural drainage w here possible or, if not, artificial drainage; (viii) the reinstatement of the site and access road by clearing plant,

Page 87 buildings, machinery, deep cultivation in both directions to remove rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the sites; and (ix) the phased planting and seeding of the restored area. Any scheme that is approved shall be implemented.

Re ason: To ensure the most successful restoration possible. 30. Within 12 months of the approval of the restoration scheme, an aftercare scheme requiring that such steps as may be necessary to bring the land to the required standard for agriculture shall be submitted for the w ritten approval of the County Planning Authority. The Agreed in principle, but reference needs to be made to phasing and to the(80) Within 12 months of the approval of the restoration scheme aftercare steps shall include soil testing, the cropping pattern, cultivation practices, remedial treatments, w ater supply for agricultural and w oodland areas, the provision of an efficient field drainage system, seed mixes and shelter belts and hedges. recommendations of FRCA. approved under condition 79, an aftercare scheme requiring that such steps as may be necessary to bring the land to the required standard for w hatever restoration is approved, shall be submitted for the w ritten approval of the Mineral Planning Authority. The aftercare steps for agricultural restoration shall include soil testing, the cropping pattern, cultivation practices, stonepicking, remedial treatments, fertilisation treatment, w ater supply for agricultural and w oodland areas, the provision of an efficient field drainage system, seed mixes and shelter belts and hedges. Examination of the soil profile shall take place in the third year.

Re ason: To ensure that the restored land is correctly husbanded. 31. The aftercare of the site shall be carried out for a period of five years follow ing the complete restoration of each restoration phase in accordance w ith the approved aftercare scheme or as may be subsequently amended w ith the approval in w riting of the County Planning Agreed in principle, but reference should be made to phases and to the (81) The aftercare of the land, restored under the provisions of condition Authority. restoration plan. 79 shall be carried out, for a period of five years follow ing the complete restoration of each phase, in accordance w ith the approved aftercare scheme or as may be subsequently amended w ith the approval in w riting of the Mineral Planning Authority.

Re ason: To ensure that the restored land is correctly husbanded. 32. Before 31 August of every year during the aftercare period, a report shall be submitted to the County Planning Authority recording the operations carried out on the land during the previous tw elve months and setting out the intended operations for the next tw elve months. Agreed in principle, but reference needs to be made to reporting every (82) For land restored under the provisions of Condition 79, for every year and to the restoration plan. year and before 31 August of every year during the aftercare period, a report shall be submitted to the Mineral Planning Authority recording the operations carried out on the land during the previous 12 months and setting out the intended operations for the next 12 months. 33. Every year during the after-care period, the developer shall arrange a site meeting to be held before 30 November to discuss the report prepared in accordance w ith Condition 48 to w hich the follow ing parties shall be invited: (a) the County Planning Authority, (b) the (83) For land restored under the provisions of condition 79, every year Minister of Agriculture, Fisheries and Food, (c) the ow ner of the land w ithin the site, and (d) all occupiers of land w ithin the site. during the aftercare period the developer shall arrange a site meeting to be held before 30 November to discuss the report prepared in accordance w ith Condition 48 to w hich the follow ing parties shall be invited:

(a) the Mineral Planning Authority, (b) the Ministry of Agriculture, Fisheries and Food, (c) the ow ner of the land w ithin the site, and (d) all occupiers of land w ithin the site. ADDITIONAL COMMENTS NOT ARISING FROM APPLICANT'S CONDITIONS

Director's comments Recommended condition 1. No condition proposes limiting w orking areas to those show n as w orking on submitted plan. 4. No w orking on the site shall take place except in areas outlined in orange and green on approved plans HORNT/W/RevC and ALK/MP/A and in red on approved plan 054/P/06. Re ason: To limit w orking to areas proposed for w orkings. 2. No proposals w ere made for buffer zones. The plans should show the 100buffer zones not to be w orked advocated by the EHO. 5. Notw ithstanding conditions 1, 2, 3 and 4, no w orking shall take place in areas on approved plans ALK/MP/A, HORNT/MP/A, ALK/W, 054/P/01, 054/P/02, 054/P/03, 054/P/04, 054/P/05, 054/P/06 w hich are cross hatched in black. Re ason: To prevent w orking taking place close to villages or residential properties to the detriment of the amenity of residents or to prevent heavy goods vehicles using substandard roads or causing detriment to the amenities of residents. 3. No proposals w ere made for a production limit. In order to protect the amenities of Wroxton a limit of 500,000 tonnes a year is proposed (see Director's comments).7. No more than an average of x tonnes per annum of mineral shall be exported from the site in any given five-year period unless and until an environmental capacity study, in a form approved by the Mineral Planning Authority, has been carried out for Wroxton village and that study show s that a higher average tonnage w ould not cause unacceptable environmental damage in Wroxton. In that circumstance no more than the average tonnage in that study's conclusions shall be exported from the site in any given five year period.

Re ason: To protect the amenities of properties in Wroxton and Drayton.

4. The proposals show an unw orked ridge betw een the new Alkerton w orking and w orked out land to the w est. In order to provide a landform in keeping w ith the 48. Mineral w aste arising from quarrying in the area outlined in green on approved plan ALK/MP/A shall be levelled and graded in accordance w ith the restoration contours surrounding area no ridge should be allow ed to be formed. show n on approved plan ALK/PDR except that on the w estern side of the w orking the final contours shall marry in w ith the levels of the adjoining land. No unw orked mineral shall be left in situ on or near the w estern boundary. A plan show ing revised contour levels for this area shall be submitted to the Mineral Planning Authority to achieve the shape required by this condition. Any plan that is approved shall be implemented.

Re ason: To achieve restoration levels that match w ith the surrounding landscape. 5. No condition proposes the removal of plant from individual phases once those phases have been w orked out. 60. All fixed plant and machinery shall be removed from any phase and that phase restored, in accordance w ith agricultural restoration schemes approved by the Mineral Planning Authority w ithin one year of w orking ceasing in that phase or as may be agreed by the Mineral Planning Authority.

Re ason: To ensure that restoration takes place as quickly as possible.

Page 88 6. No condition has been proposed to show how excess w ater that needs to be got rid of from the site by pumping can be got rid of w ithout causing noise or flooding61. No pumping of w ater shall take place from the site except in accordance w ith a scheme to be agreed by the Mineral Planning Authority. problems for local people. Re ason: To ensure that any w ater pumping is carried out w ithout detriment to amenities of local residents. 7. There are no conditions w hich propose retaining topsoil, subsoil or overburden on site for use in high grade restoration. 63. No topsoil, subsoil, or overburden shall be exported from the site. Re ason: To ensure restoration to agriculture of the highest possible grade.

8. Not all parts of the site can be accessed from the same point on the highw ay. The Highw ay Authority w ants a minimum of 5.5 metres of metalled road betw een 67. No w orking shall take place in any phase unless the metalled road from the access point to the A422 is at least 5.5 metres w ide. any access and the A422 for safety reasons. There is no condition proposed w hich provides for that standard of approach road. Re ason: In the interests of highw ay safety. 9. No condition has been proposed that states that the restored contour levels on submitted plans should be implemented . They need to ensure proper restoration 78. Finished levels follow ing restoration shall not be other than as show n on approved plans unless otherw ise agreed by the Mineral Planning Authority in w riting. levels are provided . Re ason: To ensure the best possible restored landscape. 10. The FRCA proposed detailed conditions in relation to agricultural restoration w hich w ere not proposed by the applicant, but w hich are necessary if a high standard 85. Where soils are stripped or respread using tractor and box scraper the soil shall be ripped follow ing respreading. of Re ason: To facilitate good agricultural restoration. agri cult 86. When soil is respread it shall not be in layers thicker than 250 mm. Each respread layer shall be ripped to a depth of at least 150 mm and shall be stonepicked. ural rest Re ason: To facilitate good agricultural restoration. orat ion 87. The overburden shall be ripped prior to soil replacement and any objects over 200 mm in any dimension shall be removed from the site or buried at least 2 metres below final is to land levels. be achi Re ason: To facilitate good agricultural restoration. eve d. 88. Stones and other objects greater than 150 mm in any dimension shall be removed from subsoil follow ing respreading.

Re ason: To facilitate good agricultural restoration.

89. No restored land shall have slopes shallow er than 1 vertical to 100 horizontal. Re ason: To facilitate good agricultural restoration.

90. Land shall not be restored to levels below surrounding land levels such that surface and subsurface drainage is impeded and no drainage outfall is available. Re ason: To facilitate good agricultural restoration.

91. The depth of respread soil on land to be restored shall not be less than 1.2 metres. Re ason: To facilitate good agricultural restoration.

92. Stones and other objects greater than 100 mm in any dimension shall be removed from topsoil follow ing respreading.

Re ason: To facilitate good agricultural restoration. 11. No condition has been proposed that w ould keep the area close to a w ater course clear for maintenance w ork to be carried out by the Environment Agency. Some93. No development shall take place w ithin 10 metres of any w atercourse and that area shall remain completely unobstructed. protection of these areas are needed. Re ason: To retain access to the w ater course to allow the Environment Agency to carry out its functions. 12. As phasing w as not proposed by condition there is no condition requiring phased landscaping. 100. No w orking shall take place in any phase until a plan show ing landscaping has been submitted to and approved by the Mineral Planning Authority. That plan shall include protection of all trees 13. Again, as phasing w as not proposed by condition there is no condition for phased provision of elements of w orking such as stockpiles, lagoons, excavation 101. Before w orking commences in any phase a scheme show ing the direction of w orking, the height and extent of mineral stockpiles, lagoon locations and dimensions, depths of depths and haul roads. excavation and haul roads shall be submitted to and approved by the Mineral Planning Authority in w riting and any that is approved shall be implemented.

Re ason: To ensure control of operations in the interests of the amenities of the area. 14. No condition proposes dust suppression on internal haul roads. The passage of lorries on dusty roads is a major source of dust from quarries. 102. Internal haul roads shall be kept free of mud at all times and shall be w etted in dry w eather sufficient to prevent dust being formed by the passage of lorries. Re ason: To prevent dust pollution. 15. No condition proposes maintaining haul roads free of potholes. The passage of lorries, especially w hen empty, can cause severe noise intrusion for local people. 103. All access roads and haul roads w ithin the site shall be kept free of potholes.

Re ason: To prevent noise intrusion. 16. Grundons propose for their w orking areas 3 and 4 that access be onto the Horley road. Horley road is narrow and substandard for lorry traffic. The road junction104. No vehicular access direct onto the Horley road, or other local roads, shall be obtained from areas 3, 4 and 6 as show n on approved plan 054/P/02. No extraction shall take w ith A422 is w ithin Wroxton village and visibility is poor. Access to area 6 is proposed via even narrow er local roads. Therefore, place in these areas until proposals for an internal haul road to the access show n on approved plan 054/P/01 has been agreed by the Mineral Planning Authority in w riting. access onto that road should be restricted. Access should be across fields to Grundons area 1 w here a suitable highw ay access is proposed. Re ason: For the safety of uses of local roads in the Wroxton area.

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