Item 9(e)

DEVELOPMENT CONTROL AND REGULATORY BOARD

18TH OCTOBER 2001

REPORT OF THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

COUNTY MATTER

IBSTOCK BRICK LTD. – CONSTRUCTION OF A PRIVATE CLAY HAUL ROAD BETWEEN IBSTOCK QUARRY AND WHITEHILL ROAD, (NORTH WEST DISTRICT)

2001/0926/07 – 10TH AUGUST 2001

IBSTOCK BRICK LTD. – REQUEST FOR VARIATION OF CONDITIONS NOS. 9 & 12 OF PLANNING PERMISSION NO. 98/0261/07, IBSTOCK QUARRY, LAND OFF LEICESTER ROAD, IBSTOCK (NORTH WEST LEICESTERSHIRE DISTRICT)

2001/0929/07 – 10TH AUGUST 2001

Background and Planning History

1. Ibstock Brick Ltd operate both Ibstock & Ellistown Quarry and its associated brickworks. The Company also owns land between both operations. Currently the clay which is won at the Ibstock site is taken to its associated factory on site and used for brick making purposes. Similarly the clay which is won at Ellistown quarry is used for brick making at the factory at the Ellistown Works. The Ellistown site, however, imports a bulk supply of clay (approximately 60% of clay requirements) from the West Midlands.

Ibstock Quarry

2. Clay extraction has taken place at the Ibstock site since around 1830. The Company who operate this site, Ibstock Brick Ltd, have evolved from the original Ibstock Collieries Ltd. (1899). The first planning permission for clay extraction at the Ibstock site was granted in 1947. Subsequent permissions were granted in 1951, 1957, 1958 and 1968. On 11th February 1999 the County Council granted planning permission (No. 98/0261/07) at the Ibstock site which consolidated existing planning permissions, extended clay extraction at the quarry and addressed the overall restoration of the site.

2001/0926/07 & 2001/0929/07 – continued

3.

2001/0926/07 & 2001/0929/07 – continued

3. Condition No. 9 of planning permission No. 98/0261/7 states that:

“There shall be no transportation of extracted clay or backfilling material (mineral or factory waste) on the public highway”

4. On 17th August 2000 the County Council’s Development Control and Highways Regulatory Board considered a planning application by the Company under section 73 of the Town and Country Planning Act 1990 for non-compliance with condition No. 9 for a temporary period of 2 years. The request related to permission to export a limited amount of clay via the public highway (no more than 3 loads per week) to their newly acquired brickworks at Ellistown for trial purposes. The Company wanted to establish the appropriateness of the clay from the Ibstock site in the manufacture of bricks at the Ellistown works. If this trial period proved successful, the Company could potentially eliminate the current bulk supply of clay from the West Midlands. At this meeting it was resolved to grant permission for this request for a temporary 2 year period subject to conditions and a legal agreement restricting the routeing of Heavy Goods Vehicles (HGV’s) to avoid sensitive residential areas.

Ellistown Quarry

5. Ellistown Quarry, until fairly recently, was owned by Hepworth Building Products Ltd. Ibstock Brick Ltd. have acquired this site apart from the existing Hepworth Concrete operations which continue to operate on the Ellistown works. Planning permission to allow clay extraction at the works was granted in 1947 under a Interim Development Order (IDO No. 398/47).

6. Clay from this permission area was used to supply clay to Ellistown Pipeworks which were previously located on this site. The pipeworks closed in 1986 and planning permission was granted in 1988 for the erection of buildings to enable brick manufacture to take place at the site.

7. Under the provisions of the Planning and Compensation Act 1991, Hepworth Building Products applied for the determination of updated modern planning conditions of the IDO permission 398/47. On 19th May 1994 the County Council’s Planning and Recreation Committee resolved that the Company’s application for determination of updated conditions be accepted subject to some minor revisions. The updated scheme of planning conditions (IDO Registration No. 92/0270) therefore now supersede the original conditions.

Location of Proposed Development

8. Ibstock Quarry lies immediately to the east of Ibstock village and immediately to the south west of Ellistown village. The site is bounded to the north by the Leicester Road and to the south by Pretoria Road. Ellistown Brickworks is approximately 2km to the east of the Ibstock site and lies immediately to the south of St Christopher’s Road, Ellistown. It is bounded to the south west by Whitehill Road and is adjacent to the now redundant Ellistown Colliery site.

4

2001/0926/07 & 2001/0929/07 – continued

Description of Proposal

9. Ibstock Brick Ltd (the applicant) seeks planning permission to export clay from their quarry at Ibstock via a purpose built haul road to their brick making factory at Ellistown. In order to do this the Company have made two separate planning applications.

10. The first element of the Company’s request seeks (Application No. 2001/0929/07) to vary two conditions (Nos. 9 &12) on the existing consolidating planning permission at Ibstock Quarry (No. 98/0261/7). Condition No. 9 of this permission restricts the Company from exporting clay from the site. Condition No. 12 restricts the stocking of clay to an area which is shown on drawing No. M/I174/98/11A or on the quarry floor. The Company therefore requires a variation to conditions Nos. 9 & 12 to firstly allow the exportation of clay from the site and to provide an additional stocking of clay area.

11. A large proportion of the clay used at the Ellistown Works for brick making is imported from the West Midlands. The applicant therefore wishes to substitute the imported clays for clays from the Ibstock quarry development which would significantly reduce clay haulage lorry road miles. The Company proposes to transport this clay via a new haul road. The second element of the Company’s request therefore requires planning permission (Application No. 2001/00926/07) to construct a private clay haul road from the Ibstock quarry extraction void to form a new access onto Whitehill Road, Ellistown. HGV’s would then transport clay along Whitehill Road to the Ellistown Works at the existing entrance.

12. In the first instance topsoil and subsoil would be separately stripped and used for restoration purposes and/or screening bunds. A loading pad area is proposed for the western end of the haul road. The design of this area, which would require prior agreement, would segregate the clay loading shovel operating area and associated stockpile from that of the lorry transfer area to keep HGV’s as clean possible.

13. The haul road itself would be constructed in concrete for the section to the south of the former railway line and then tarmaced for a short section at its eastern end to its junction with Whitehill Road. The road would have a general running width of 4.5 metres with the provision of passing bays along its length. A new junction would be constructed at Whitehill Road. The junction would have visibility splays of 4.5 metres by 120 metres and would incorporate a double width carriageway for a minimum distance of 20 metres back from the highway. The junction would be constructed to ensure left-in and right-out turning facility only with appropriate directional signage for hauliers as required. The Company is also willing to enter into a legal agreement controlling the route of HGV’s.

14. The Company spoke to the Highway Authority prior to the submission of the applications regarding the weight restriction which is in place to prevent HGV’s going through Ellistown village along Whitehill Road/Ellistown Terrace Road. It is the view of the Highway Authority that the weight restriction order would need amendment to allow HGV’s to use the proposed route on a permanent basis.

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2001/0926/07 & 2001/0929/07 – continued

Vehicles hauling clay from the West Midlands currently use a route from the Bardon 22 Industrial Estate and then turn right onto West Lane and on to Victoria Road and into the Ellistown Works avoiding the weight restriction through Ellistown village.

15. It is anticipated that a large proportion of the clay requirements of Ellistown Brickworks factory would be supplied from the Ibstock Quarry site. After due allowance for Holidays and bad weather conditions the delivery of clay from Ibstock Quarry to the Ellistown Works would represent 150 vehicle loads per week (300 movements) on average over about 40 weeks. This would equate to an average of 30 vehicle loads per day (60 movements) with a likely daily maximum of 40 vehicle loads (80 movements).

16. The clay carrying vehicles would be typical road-going HGV’s capable of carrying loads of approximately 20 tonnes. It is anticipated that this would involve two HGV’s operating on a continuous basis between the proposed operating hours of 0700 hours to 1700 hours Monday to Friday only. The Company would contract the haulage of clay to a single operator ensuring that the control and compliance with conditions is managed from the Ibstock works site.

17. The haul road crosses at right-angles footpath N61 (which is also a permissive bridleway). The Company proposes to place appropriate safety features and crossing arrangements ensuring the safety of pedestrians and horse riders at this junction. The haul road also passes to the south of an existing electricity pylon located towards the eastern end of the route. A crash barrier and vehicle height structure would be installed as necessary to protect the integrity of the pylon.

Planning Policy

18. The adopted Leicestershire Structure Plan (1991 – 2006) sets out general policies relating to minerals and waste development. Minerals and Waste Disposal Policy 2: Environmental Impact refers to the assessment of planning applications in connection with minerals development and the need to consider their environmental impact.

19. Policy 4 of the Leicestershire Minerals Local Plan Review 1995 provides that, ‘The County Council will restrict heavy lorry movements associated with mineral operations from using unsuitable roads by means of traffic management or other appropriate measures such as voluntary lorry routeing agreements with operators entered into under section 106 of the Town and Country 1990.’

Consultation Responses – 2001/0926/07 & 2001/0929/07

North West Leicestershire District Council (Planning Dept.)

20. No objection

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2001/0926/07 & 2001/0929/07 – continued

North West Leicestershire District Council (Environmental Health Dept.)

21. Awaiting comments

Environment Agency

22. No objection

Highways Authority

23. No objection subject to the imposition of the following planning conditions:-

1. The proposed access road junction with Whitehill Road shall be sited as shown on the submitted plan.

2. Visibility splays of 4.5 metres by 120 metres shall be provided at the junction of the access road with Whitehill Road prior to the access being brought into use and thereafter maintained. The said splays shall be kept clear of all obstructions exceeding 900 millimetres in height.

3. The access road shall have a minimum width of 7.3 metres for a minimum distance of 30 metres from its junction with Whitehill Road prior to the access being brought into use and thereafter maintained. The remainder of the access road shall be constructed as set out in the accompanying statement (complete with passing bays).

3. Radii of 15 metres on the southern side and 7.5 metre on the northern side of the access shall be provided at its junction with Whitehill Road, prior to the access being brought into use and thereafter maintained.

4. The gradient of the access road shall not exceed 1:20 for a minimum distance of 15 metres from its junction with Whitehill Road.

5. Any vehicular access gates/bollards/barriers etc. Erected to the vehicular access shall be set back a minimum distance of 30 metres from the junction of the access road with Whitehill Road and hung so as to open inwards only.

6. The access road shall be surfaced in tarmacadam, concrete or a similar hard bound material (not loose aggregate) for a minimum distance of 30 metres from its junction with Whitehill Road prior to the access being brought into use.

7. The site access falls within an area subject to a weight restriction. In order to maintain satisfactory lorry controls and therefore road safety and environmental issues the existing weight restriction shall be amended whereby it is re-sited from its current restriction at the junction of Ellistown Terrace Road/Victoria Road junction to a point just to the north of the proposed site access at the earliest opportunity.

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2001/0926/07 & 2001/0929/07 – continued

8. The haul road shall only be used by vehicles associated with hauling clay from Ibstock quarry void to the Ellistown Works.

Note to applicant

All works within the limits of the public highway shall be carried out to the satisfaction of the Western Divisional Surveyor (Tel. Ashby 414151)

Ibstock Council

24. Measures should be in place to ensure that the public highway is kept clean as a result of HGV’s using the clay haul road.

Ellistown and Battleflat Parish Council Steering Group

25. There are serious concerns that the proposal would lead to environmental disturbance. Ellistown village would be subject to even more dust, diesel fumes and noise. The impact on wildlife must also considered. The Alternative methods of transport such as surface or underground conveyors are considered to be a better option.

Department for Environment Food & Rural Affairs (DEFRA)

26. All stripped soils should be stored and used where possible in the restoration of the land after the quarry has been worked out.

Archaeological Comments

27. The Leicestershire and Rutland Sites and Monuments Record (SMR) shows that the application site lies within an area that has evidence of Roman remains and occupation. To the south of the application area lies the projected line a of a Roman Road may survive in the application area depending on various amounts of damage from previous cultivation. It is important that any archaeological remains present are identified and properly recorded before disturbance.

28. We therefore recommend that any planning permission be granted subject to the following planning conditions, to safeguard any important archaeological remains potentially present:

1. No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a scheme of investigation which has been submitted by the applicant and approved by the planning authority. The development shall only take place in accordance with the detailed scheme approved pursuant of this condition. The archaeological works shall be carried out to the satisfaction of the planning authority, and by a suitable qualified body acceptable to the planning authority.

Reason: To ensure satisfactory archaeological investigation and recording.

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2001/0926/07 & 2001/0929/07 – continued

Ecology Comments

29. No objection, however, measures should be taken to ensure that adjacent hedgerows and old railway line vegetation (which is of Parish level significance) is protected from damage by the construction of a fence.

The Ramblers Association

30. No objection, however, the Association would welcome opportunity to comment on the details of the haul road crossing of footpath N61.

National Grid

31. The proposals are within proximity of National Grids Company plc’s Willington – East Claydon 400,000 volt overhead line span ZL061. The applicant should ensure that the apparatus is not affected by the development in accordance with details set out in the consultation response dated 3rd September 2001.

East Midlands Electricity

32. No objection provided that the low voltage underground cable within the west highway verge is not affected by the proposed development.

Publicity

33. The application has been advertised in the Times 28th August 2001 and a site notice has been posted in accordance with the relevant legislation. Neighbour notification letters have been posted to local residents of Whitehill Road/Ellistown Terrace Road and Clay Lane.

Representations Received

34. Two letters of representation have been received from residents of Whitehill Road, Ellistown. These letters reflect the following concerns:-

• A new access onto Whitehill Road would present a dangerous junction and could lead to accidents • Noise, dust and diesel fumes from lorry traffic

Assessment of the Proposal

35. Ellistown Brickworks currently imports considerable volumes of clay (approximately 60% of clay requirements) from the West Midlands resulting in lengthy journeys by HGV’s. Having recently acquired the Ellistown site, Ibstock Brick Ltd, wishes to replace the imported clays from the West Midlands with clay from Ibstock Quarry as it could be used to manufacture similar products. In terms of the Government’s policy objectives (Planning Policy Guidance Note 1 – General Policy and Principles) the proposed development, which would result in a reduction in the number of road miles of clay carrying HGV’s, contributes to the objectives of sustainable development helping to reduce the environmental impact of transport. DC&H REG. BOARD 18/10/01 9

2001/0926/07 & 2001/0929/07 – continued

36. However, in accordance with Minerals and Waste Disposal Policy 2: Environmental Impact of the Leicestershire Structure Plan (1991 – 2006) proposals in connection with mineral related development should not result in an unacceptable impact on local amenity. Whilst this proposal is, in principle, supported by Government guidance and development plan policy its environmental impact should be kept within acceptable levels.

37. The Company requires a grant of planning permission for both applications in order to facilitate their long term plans of using clay from Ibstock Quarry in the manufacture of bricks at the Ellistown brickworks. However, the impact of both planning applications is considered in turn and a separate recommendation is provided in the light of the assessment.

Application 2001/0929/07 - Variation of conditions 9 & 12

38. In order for the Company to transport clay from the Ibstock works to the Ellistown factory condition No. 9 of the consolidating planning permission at the Ibstock site restricting the export of clay from site requires amendment. It is considered that, in principle, this would be acceptable provided that the transportation and route of the clay is acceptable in terms of its environmental impact. This is discussed below in the assessment of the second application.

39. The proposed transport of clay from the Ibstock quarry site requires a stockpile from which a front loading shovel would load HGV’s with clay. This additional clay stockpile also requires a variation of the agreed details under condition No. 12 of the consolidating planning permission at the Ibstock site which identifies a specific clay stocking area. The additional stockpile would naturally be located at the western end of the proposed haul road adjacent to the loading area. The proposed area identified is within the current permission boundary for the phased quarry development immediately east of the existing quarry void. To assess the visual impact of this element of the proposal the applicant has employed an independent consultant to provide a landscape appraisal report. The report concludes that the additional stockpiling area is not likely to lead to any increase in visual impact due to the distance from residential properties and the natural screening provided by the existing mature vegetation. However, it is considered that the stocking heights should be restricted to minimise its impact, particularly views from Ellistown. The consultant’s appraisal suggests that the stockpile should be restricted to no more than 3 metres in the northern sector of the stocking area and 5 metres in the southern sector following the stripping of soils. This would ensure that the scale of the stockpile is restricted to take advantage of the existing natural screening. Views of clay stockpile would therefore be minimal.

Application 2001/0926/07 – Construction of clay haul road

40. The second element of the Company’s proposals requires an application to construct a hard surfaced haul road which would meet Whitehill Road to form a new access. This would allow HGV’s to transport clay to the Ellistown Brickworks factory for the manufacture of bricks. The total length of this road

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2001/0926/07 & 2001/0929/07 – continued

would be approximately 1.1km. The key issues in respect of this are considered to be the potential disturbance to local residents by HGV traffic (i.e. dust, noise, mud on the road, safety etc) and the visual impacts associated with the proposal.

41. The Highway Authority considers that an access could be constructed onto Whitehill Road with satisfactory visibility splays to meet the necessary standards. The Company has stated that, as a maximum, there would be 40 HGV’s visiting the Ellistown works using the new haul road and access onto Whitehill Road on a daily basis (80 vehicle movements per day).

42. Over the Applicants proposed 12 hours working day this equates to about 7 vehicle movements per hour or 3 to 4 HGV’s visiting the Ellistown works per hour. In view of the proposed level of traffic that would use the new haul road access the Highway Authority has not raised an objection on highway safety grounds.

43. The existing weight restriction order is situated adjacent to the Ellistown Works entrance to prohibit HGV’s from using Ellistown village as a through route. The proposed new route of HGV’s would need to travel within the weight restricted area for a short distance (approximately 450 metres). Whilst this proposal would not strictly contravene the terms of the weight restriction order (permitted for loading purposes) it is considered that, as the Company are seeking a permanent use of the haul road, it would not conform with the strategic objectives of a such an order. The Highway Authority has therefore requested an amendment to the weight restriction order. The Company has been consulted on this and has agreed to pursue an amendment to the order so that it is moved to the point where the proposed haul road meets Whitehill Road to form a new access. This amendment would still restrict inappropriately weighted vehicles using Ellistown village as a through route whilst allowing HGV’s associated with this proposal to use an unrestricted highway.

44. In terms of the control of the route of HGV’s the Company has indicated their willingness to enter into a legal agreement ensuring that HGV’s only use the proposed route for transporting clay (shown A to B on the accompanying plan). That route being a right turn onto Whitehill Road from the Ibstock quarry and left into the existing Ellistown works site (the same route for returning HGV’s).

45. The shovel loading operating and clay stocking area would be kept separate from that of the concrete apron where vehicles would be loaded with clay. This would be designed to ensure that HGV’s do not traffic the ‘dirty areas’ and therefore preventing clay being carried onto the haul road. The proposed haul road in any event is over a 1km in length and it is therefore unlikely that mud or detritus would be carried onto the public highway. Planning condition(s) could be imposed controlling this unlikely event ensuring that measurers are in place to deal with such a situation.

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2001/0926/07 & 2001/0929/07 – continued

46. The Highway Authority does not consider that the proposal, in terms of traffic, would be particularly dangerous and compromise highway safety. It is considered that provided a satisfactory access is constructed in accordance with highway standards and the number of vehicle movements are restricted by planning condition the traffic implications of the proposal would not result in a significant impact upon local amenity or unduly compromise highway safety.

Noise

47. The applicant has employed an independent noise consultant to predict the likely impact of noise on local residents. Three properties have been assessed. Nos. 339 & 360 Whitehill Road were chosen as being representative of the nearest properties to the north of the haul road and The Grange, Ellistown Terrace Road was chosen for its proximity to the south of the haul road. Noise surveys were undertaken in three, two hour surveys to establish the existing noise levels.

48. The table below shows the results of the corresponding average weekday daytime noise levels.

339 Whitehill Road, Ellistown – 58.3 dB L Aeq, 2hrs

360 Whitehill Road, Ellistown – 57.4 dB L Aeq, 2hrs

The Grange, Ellistown Terrace Road, 60.3 dB L Aeq, 2hrs

49. The report then forecasts the predicted operational noise levels associated with the vehicle movements at these three locations. The report concludes that the predicted worse case noise levels from vehicles using the haul road would not

exceed the 55 dB L Aeq,1H criterion as provided by Government guidance and the World Health Organisation as being desirable to prevent significant community annoyance. In addition, at the more sensitive end of the proposed haul road (closest to residential properties of Ellistown) the road would be constructed of tarmacadam which would have the benefit of reducing road noise. It is considered that the proposal is unlikely to have a detrimental impact on local residents by means of noise.

Dust

50. The haul road would be constructed from hard bound materials (i.e. concrete and tarmacadam). Provided the surface of the haul road is kept clean it is considered that dust would not become a source of nuisance. Control could be secured through planning condition attached to any grant of planning permission.

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2001/0926/07 & 2001/0929/07 – continued

Visual Impact

51. It is considered that the principal source of visual impact is likely to be the HGV’s which would use the road rather than the road itself. The route of the proposed haul road would be located immediately to the south of the disused railway line which would have considerable benefits in terms of visual mitigation. The line of the old mineral railway contains mature vegetation and trees along its length which would screen views from residential properties until the proposed route of the clay haul road at its eastern end diverts to an access onto Whitehill Road for a distance of approximately 145 metres. Whilst the topography of the land at this section of the proposed road is fairly low lying it is at this point where the HGV’s using the road would become most prominent. It is considered therefore that a landscaped screening mound would mitigate any detrimental visual impact in this location. Details of this could be required by planning condition in any grant of planning permission.

Archaeological Considerations

52. Whilst the applicant has submitted an archaeological study as supporting information accompanying the application the County’s Archaeological adviser considers that further investigative works should be undertaken, particularly in view of the proximity of the development of a Roman road. A programme of investigation works could be required by planning condition in any grant of planning permission.

Public Right of Way N61

53. No objection has been raised by the relevant footpath/bridleway consultees provided a satisfactory crossing with associated warning signs are implemented. Details of this crossing point would need approval prior to the implementation of the haul road. Due to the relatively low numbers of traffic movements proposed the development is unlikely to result in an unacceptable danger hazard to footpath user and users of the permissive bridleway.

Conclusions

54. The Company’s proposals would significantly reduce the number of road miles of clay carrying HGV’s from the West Midlands. This reduction in transportation mileage would have considerable environmental benefits compatible with the Government’s objectives of sustainable development. However, in accordance with local development plan policies proposals should be acceptable in terms of their environmental impact. It is considered that the Company’s application to vary conditions 9 and 12 of the existing planning permission at the Ibstock site would not be unacceptable in terms of its environmental impact. Provided that the exportation of clay is restricted to the proposed clay haul road and subsequent public highway route along Whitehill Road (which could be secured by a legal agreement) and the additional clay stocking area is located as proposed and restricted in height there is no objection.

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2001/0926/07 & 2001/0929/07 – continued

55. The Company’s application to construct a clay haul road must also be acceptable in terms of its environmental impact to accord with local development plan policies. The Highway Authority is satisfied that an appropriate access could be achieved onto Whitehill Road and that a legal agreement could secure the routeing of HGV’s to ensure that only a short stretch of public highway is used for the transportation of clay to the Ellistown Brickworks. It is considered that in the light of consultees responses and the assessment discussed above any potentially detrimental environmental impact (i.e. visual issues, excessive lorry movements, noise, dust, hours of operation etc.) could be mitigated and controlled by planning condition to ensure that the development does not become an unacceptable source of nuisance. The recommendation therefore follows accordingly.

Recommendation

A. Planning Application No. 2001/0929/07 (Variation of conditions 9 & 12)

Permit subject to the following planning conditions:

1. There shall be no transportation of extracted clay on the public highway except along a section of Whitehill Road, Ellistown as shown A – B on plan No. M/I174/01/01 accompanying planning application No. 2001.0929/07 dated 10th August 2001.

2. There shall be no transportation of backfilling material (mineral or factory waste) on the public highway.

3 Extracted clays shall only be stocked in the area shown on Drawing No. M/I174/98/11 and on Drawing No. M/I174/98/11A accompanying planning application No. 2001.0929/07 dated 10th August 2001 or on the quarry floor.

4. Unless otherwise agreed in writing by the Director of Planning and Transportation the stocking of clays in the area shown on Drawing No. M/I174/98/11A accompanying planning application No. 2001.0929/07 dated 10th August 2001 shall be restricted to a maximum height of 3 metres.

Reasons – 2001/0929/07

1&2 For the avoidance of doubt and in the interests of the amenities of the area.

3. To accord with the submitted details.

4. In the interests of the amenities of the area.

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2001/0926/07 & 2001/0929/07 – continued

Planning Application No. 2001/0926/07 (Clay Haul Road)

B. Permit, subject to:

• the completion of a legal agreement securing the routing of lorries; • the provision for an amendment to the existing weight restriction order along Whitehill Road, Ellistown; • and the following planning conditions,

Scope of Permission

1. The development hereby permitted relates to the construction of a hardbound surfaced clay haul road to form a new access and junction with Whitehill Road, Ellistown as shown on Drawing No. M/I211/01/02 accompanying planning application No. 2001/0926/07 dated 10th August 2001 for the purposes of transferring clay from Ibstock quarry to Ellistown Brickworks and access for agricultural plant the environmental monitoring and maintenance.

Commencement

2. The development hereby permitted shall commence within 5 years from the date of this permission. Written notification shall be given to the Director of Planning and Transportation within 7 days of the commencement.

Duration

3. This permission shall expire on 31st December 2035 by which date the exportation of clay shall have ceased and the site restored in accordance with a scheme previously agreed under condition No 26 below.

Approved Details

4. Unless otherwise required by the conditions attached to this permission the development hereby permitted shall be carried out in accordance with the details contained in the submitted application No. 2001/0926/07 dated 10th August 2001 and the accompanying statement and drawing.

Hours of Operation

5. The use of the clay haul road shall be restricted to the following times:

0700 hours to 1700 hours Monday to Friday only.

There shall be no exportation of clay on Saturdays, Sundays or Bank/Public Holidays.

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2001/0926/07 & 2001/0929/07 – continued

Access and Haul Road Construction

6. The proposed access road junction with Whitehill Road shall be sited as shown on Drawing No. M/I211/01/02 accompanying planning application No. 2001/0926/07 dated 10th August 2001.

7. Visibility splays of 4.5 metres by 120 metres shall be provided at the junction of the access road with Whitehill Road prior to the access being brought into use. The visibility spays shall be maintained for the duration of the development and shall be kept clear of all obstructions exceeding 900 millimetres in height.

8. The access road shall have a minimum width of 7.3 metres for a minimum distance of 30 metres from its junction with Whitehill Road prior to the access being brought into use and thereafter maintained. The remainder of the access road shall be constructed as set out in the supporting statement accompanying application No. 2001/0926/07 dated 10th August 2001 (complete with passing bays).

9. Radi of 15 metres on the southern side and 7.5 metre on the northern side of the access shall be provided at its junction with Whitehill Road, prior to the access being brought into use and thereafter maintained.

10. The gradient of the access road shall not exceed 1:20 for a minimum distance of 15 metres from its junction with Whitehill Road.

11. Any vehicular access gates/bollards/barriers etc. erected to the vehicular access shall be set back a minimum distance of 30 metres from the junction of the access road with Whitehill Road and hung so as to open inwards only.

12. The access road shall be surfaced in tarmacadam, concrete or a similar hardbound material (not loose aggregate) for a minimum distance of 30 metres from its junction with Whitehill Road prior to the access being brought into use.

Loading Pad (Western End of Haul Road)

13. Prior to the commencement of development details of the operational clay loading pad area shall be submitted to and approved in writing by the Director of Planning and Transportation. Details shall include measures to segregate clay shovel operating/clay stocking areas and HGV movement areas. The development shall be carried out in accordance with the agreed details.

Traffic Movements and Highway Cleanliness

14. The number of HGV movements generated from this development shall not exceed 80 vehicle movements per day (i.e. 40 delivered loads to the Ellistown Brickworks per day).

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2001/0926/07 & 2001/0929/07 – continued

15. All HGV traffic carrying clay materials shall be covered so as to prevent spillage or loss of such material on the clay haul road or on the public highway.

16. All reasonable measures shall be taken to ensure that the clay haul road, HGV operational loading areas and access within the site are kept in a clean and tidy condition such that vehicles do not deposit mud or detritus on the highway to the satisfaction of the Director of Planning and Transportation.

Noise

17. The free-field Equivalent Continuous Noise Level, LAeq,T, at the three noise sensitive premises identified by the noise assessment submitted in support of planning application No. 2001/0926/07 dated 10th August 2001 , due to operations hereby permitted shall not exceed 55 dB LAeq, 1 hour, free-field. Measurements taken to verify compliance shall have regard to the effects of extraneous noise and where practical a correction shall be made for any such effects.

18. All audible warning devices fitted to mobile plant, vehicles and fixed plant and machinery, whilst affording suitable safety, shall as far as reasonably practicable be of a design that does not cause unreasonable noise intrusion to local amenity.

19. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacture’s specification at all times and fitted with and use effective silencers.

Dust

20. Measures shall be taken, during dry and/or windy weather conditions, to ensure that dust does not become a source of nuisance and is effectively suppressed through the use of water to the satisfaction of the Director of Planning and Transportation.

Archaeology

21. No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a scheme of investigation which has been submitted by the applicant and approved by the Director of Planning and Transportation. The development shall only take place in accordance with the detailed scheme approved pursuant of this condition. The archaeological works shall be carried out by a suitable qualified body and to the satisfaction of the Director of Planning and Transportation.

DC&H REG. BOARD 18/10/01 17

2001/0926/07 & 2001/0929/07 – continued

Soil Mound

22. Prior to the commencement of the use of the clay haul road details of a soil mound at the eastern end of the haul road (where the road leaves the line disused railway toward the Whitehill Road) shall be submitted to and approved in writing by the Director of Planning and Transportation. The details shall include the construction and type of materials proposed, height, landscaping, seeding and subsequent maintenance and aftercare. The development shall be carried out in accordance with the agreed details.

Stripped Soils

23. All stripped soils shall be retained on site for use in the restoration of the quarry or construction of a soil mound as required by condition No. 22 above.

Retention of Natural Screening

24. All trees, shrubs and hedges along the line of the disused railway line shall be retained, protected and maintained throughout the duration of the operations hereby permitted.

Public Right of Way N61

25. Prior to the commencement of development, details of the crossing point of the clay haul road and footpath/permissive bridleway N61 shall be submitted to and approved in writing by the Director of Planning and Transportation. Such details shall include:

• installation barriers to prevent users of the footpath/bridleway emerging onto the road at speed, including gaps of sufficient width to allow safe passage • advance warning signs (i.e. Caution – Heavy Plant Crossing, Warning – Please Give Way to Walkers, Horse-Riders & Cyclists

The development shall be carried out in accordance with the agreed details.

Restoration and Aftercare

26. Within 6 months of the expiration of this permission (as required by condition No. 3 above) a scheme of restoration shall be submitted to and approved in writing by the Director of Planning and Transportation. The scheme shall include:

• the removal of the hard surfaced haul road and all hardstanding areas; • topsoil and subsoil replacement; • the reinstatement of the crossing point of the haul road and the public right of way and the vehicular access; • the replacement planting of hedgerow along Whitehill Road previously removed to form a new access;

DC&H REG. BOARD 18/10/01 18

2001/0926/07 & 2001/0929/07 – continued

• the seeding, fertilising, watering, draining or other treatment of the land; • the maintenance and aftercare of the land for an appropriate period;

The development shall be carried out in accordance with the agreed details.

Note to Applicant

1. All works within the limits of the public highway shall be carried out to the satisfaction of the Western Divisional Surveyor (Tel. Ashby 414151)

2. The applicants attention is drawn to the consultation response from National Grid, letter dated 3rd September 2001 (copy attached).

3. The applicants attention is drawn to the consultation response from Electricity, letter dated 30th August 2001 (copy attached).

Reasons – 2001/0926/07

1. For the avoidance of doubt.

2. To comply with Section 91 of the Town and Country Planning Act 1991.

3. To ensure that the use of the haul road relates to the completion of the mineral extraction and satisfactory restoration of the site upon cessation of quarrying operations.

4. For the avoidance of doubt and to ensure that the development is carried out in accordance with the application details.

5&24 In the interests of the amenities of the area.

6,7,8, In the interests of highway safety and amenities of the area. 9,10, 11,12, 13,14, 15&16.

17,18, To ensure noise levels are kept to acceptable levels. &19.

20. To ensure dust levels are kept to acceptable levels.

21. To ensure satisfactory archaeological investigation and recording.

22. To provide visual and noise mitigation from the properties of Whitehill Road, Ellistown.

23. To ensure that soils are retained on site and used for ultimate restoration of the quarry or the construction of screening mounds.

DC&H REG. BOARD 18/10/01 19

2001/0926/07 & 2001/0929/07 – continued

25. In the interest of the safety of footpath and bridleway users.

26. To ensure the satisfactory restoration of the site.

Background Papers

1. Planning Application Nos. 2001/0929/07 and 2001/0926/07 dated 10th August 2001 and associated supporting statements and drawings.

2. Correspondence and consultees replies kept on the Department of Planning and Transportation’s File Nos. 2001/0929/07 and 2001/0926/07.

Circulation Under Sensitive Issues Procedure

Mr. P.A. Hyde C.C.

Officers to Contact

Mr. C. J. Smith (Tel. 265 7043) Mr. L.J. Wojtulewicz (Tel. 2657040) Email: [email protected]

DC&H REG. BOARD 18/10/01 20

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

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

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property will be informed as follows:

Note to Applicant Department

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

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

BACKGROUND PAPERS

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

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

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

The circumstances in which the Board is required to “have regard” to the development plan are:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

DC&H REG. BOARD 18/10/01