Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Westwood Quarry On 12th October 2012

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this 0 breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this 3 time by the Operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 28

Page 1 of 19 Page 2 of 19 1. Introduction This report is a document produced by Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1

Disclaimer

It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied.

Traffic Lights

For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non- compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) () Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

Page 3 of 19 2. Details of Site Monitoring Visit Site Name and Address: Westwood Quarry, Penhale, , Cornwall

Planning Permission(s): (CN/96) 94/748 Proposed reopening of and extension to disused quarry dated 31/10/1994

Note The ROMP application for the above decision notice (ref PA10/08855) was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. Negotiations are being undertaken with regards to identifying the reviewed planning conditions

Legal Agreement(s): None Operator: Lantoom Ltd Site Status: Active under the EA 1995, although the quarry is not currently working Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Stephanie Bowkett, Development Officer, Date of Visit: 12th October 2012 Time on Site: 11.45 Time off Site: 12.30 Attendees: Mr Richard Crocker – Director Lantoom Ltd Weather: Overcast, Light Winds Ground Conditions: Damp Report Author: Stephanie Bowkett, Development Officer, Cornwall Council

Page 4 of 19 3. Compliance with Planning Conditions NR/94/00044/MIN - (CN/96) 94/748 Reopening of and extension to disused quarry dated 31/10/1994 Note The ROMP application for the above decision notice (ref PA10/08855) was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. Negotiations are being undertaken with regards to identifying the reviewed planning conditions. For this reason the conditions from the 1994 mineral permission and the proposed wording for new conditions have been identified below.

Condition Number and Description Condition 1. Commencement

The development hereby approved shall have been commenced within five years from the date of this permission. Notes Following Visit The development commenced within the approved timescale. However there has not been any extraction or tipping at the quarry for some time and no operations are currently underway.

Condition Number and Description Condition 2. Permission

The permission shall not be valid after 30th September, 2019. Unless planning permission has been granted for a continuation of the operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and temporary buildings removed and the land reinstated in accordance with the further conditions overleaf. Notes Following Visit This permission will expire on 30 September 2019. Notwithstanding this the conditions attached to this decision notice are subject to a review every fifteen years under the Section 96 of the Environment Act 1995, with the periodic review date being due by 31st October 2009. As letter dated 12 November 2008 and email dated 28 August 2009 the Operator made a request for the submission date for the review application be deferred until 31 October 2011. As letter dated 29 October 2009 the Mineral Planning Authority considered the request but found that it would be unacceptable to agree to an extension of time for 24 months but confirmed it was willing to extend the period for submission for 12 months until 31 October 2010. As letter dated 22 September 2010 the Operator requested a further postponement of the review until 30 September 2011. However for the reasons outlined in the letter dated 1 November 2010 the Mineral Planning Authority found this unacceptable but agreed a further extension of time of 3 months until 31 January 2011.

The Period Review application PA10/08855 was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. The Mineral Planning Authority had not at the time of this visit issued a new decision notice for the ROMP application and negotiations are being undertaken with regards to identifying the reviewed planning conditions. ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should determine the Westwood Quarry ROMP application ref PA10/08855 validated on 14th January 2011.

Condition Number and Description Condition 3. Access

Except as may otherwise be agreed with the Mineral Planning Authority (MPA) before any of the development hereby permitted is brought into use the access road junction layout and visibility splay (to maximum height of 0.25 metre above the adjoining carriageway level) shall be laid out and provided in accordance with the approved plans (Drawing Nos. 1/06/B and 1/05/B). Notes Following Visit The junction was considered satisfactory following a monitoring visit dated 20th January 2009.

Page 5 of 19 Condition Number and Description Condition 4. Access

Except as may otherwise be agreed with the MPA before any of the development hereby permitted is brought into use the new access road shall be surfaced and drained in accordance with a scheme to be submitted to and approved by the (MPA), (in consultation with the County Surveyor) with the first 50 metres from the County Highway (i.e. that section coloured yellow on Drawing No. 1/02/E) being suitably hard surfaced with concrete or bitmac. The remainder of the access track (shown diagonally hatched on the above-mentioned plan) shall be surfaced with bound macadam and be delineated by post and wire hawthorn hedging as so indicated. Notes Following Visit The first 50 metres of the access track coloured yellow on Drawing 1/02/E was considered satisfactory during a monitoring visit dated 20th January 2009. So far there has not been a need to relocate the later part of the access track further southwards to the position shown hatched diagonally on the above mentioned plan, as the quarry void has not progressed to that extent. At the time of the visit the access track still follows the edge of the quarry void at a more northerly position. Given that the site remains non operational the Mineral Planning Authority suggests that the track should be relocated at a time when the quarry void has progressed and necessitates the movement of the track.

The condition of the surface of the rest of the track remains in poor condition with a number of a large pot holes. The Mineral Planning Authority finds it reasonable for the condition of the surface of the track to be addressed at a time when the site becomes operational or when restoration activities intensify. Condition Number and Description Condition 5. Access

The sole access to and from the quarry in connection with the transport of all quarried material shall be obtained from the access track shown on the approved plan (Drawing No. 1/02/E). Notes Following Visit The sole access to the quarry from the public highway remains as shown on the approved drawing 1/02/E and for most part of the access track heading north towards the quarry void. However at this time as the quarry has not progressed southwards there has not been a need to relocate the rest of the access road further southwards. On this basis the access road still follows the original route along the outer extremity of the extraction area. Given the quarry is not operational the Mineral Planning Authority finds it reasonable for the track to be relocated at a time when extraction has progressed to point which necessitates the movement of the track.

Current position of access track

Position of access track shown on the approved plan (Drawing No. 1/02/E).

Aerial photograph showing the current position of the access road and the position shown on the approved plan (Drawing No. 1/02/E).

Page 6 of 19 Condition Number and Description Condition 6. Amenity Protection (General)

The Operators shall employ the best practicable means to prevent the deposit of mud, dust, stones or other deleterious material being carried onto the public highway. This may include the provision of wheel cleaning facilities where necessary. Notes Following Visit The quarry remains unoperational and the Mineral Planning Authority does not anticipate any materials being transferred on to the public highway. The provision of wheel cleaning facilities are not considered necessary at this time but the Operator will need to reconsider such facilities at a time when operations recommence or restoration activities intensify.

Condition Number and Description Condition 7. Submitted Plans

The site shall be developed in accordance with the submitted plans (Drawing Nos. 1/01/B, 1/02/E, 1/03/C, 1/04, 1/05/B, 1/06/B, 1/07/B, 1/08/D, 1/09 and landscaping plans I, IIA, III, IVA), and in accordance with the provisions of the further conditions below. Notwithstanding these plans, except as may otherwise be agreed with the MPA no excavations shall take place until such time as the final extraction line has been agreed with the MPA to provide for an adequate buffer between the new workings and the old quarry face and James Park Quarry. Notes Following Visit Upper access road At this time the upper access road has yet to be relocated southwards to the position shown on plans 1/02E, 1/08D and IIA. As the quarry void has not progressed this far southwards there has not been a necessity to relocate the access road at this stage. Given the current non operational status of the site the Mineral Planning Authority suggests that the track should be relocated at a time when extraction has progressed and necessitates the movement of the track.

Southern earth bund An earth bund shown on drawings 1/02E and 1/08D was to be constructed along the relocated access track. As the quarry void as not progressed southwards there has been little if any need to construct the bund at this time. As letter dated 12th November 2010 the Operator submitted a request for the construction of the bund to be deferred so that it is dealt with as part of the overall quarry development and restoration plan detailed in condition 30. The Mineral Planning Authority approved this as email dated 30 November 2011.

Lower access road and planting Materials had previously been excavated from the north eastern side of the quarry void making it impossible to link the access road to the lower track which accessed the tipping area and to the plant the trees identified on Plan IIA. As letter dated 12th November 2010 the Operator proposed to backfill this area and construct the track by 30th October 2011 with the planting to be completed by 31st March 2012. The backfilling and planting has been completed. Further details regarding the planting specifications are outlined in Condition 9.

Photograph looking northwards towards the access track

Page 7 of 19 Extent of the fill near pond and 7m buffer zone The extent of the fill adjacent to the pond in the former Brunel quarry is unclear and there doesn’t appear to be a seven metre wide buffer zone between the Phase 1 fill and the pond as shown on drawings 1/07B and 1/08D. However the fill has been in situ since the late 1990’s and the area has now naturally revegetated. As letter dated 12th November 2010 the Operator wrote to the Mineral Planning Authority and outlined that he had sought ecological advice which recommended that the fill be left in place given the maturity of the natural vegetation that has grown around the pond and the risk that excavation may have on the pond. Further details of this are outlined in Condition 11.

Extraction line As letter dated 12th November 2010 the Operator submitted a plan showing the proposed final extraction line for consideration of approval. The extraction line was also submitted as part of the ROMP application which is currently being determined through negotiations between the Mineral Planning Authority and the Operator.

ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should determine the Westwood Quarry ROMP application ref PA10/08855 validated on 14th January 2011.

Condition Number and Description Condition 8. Control of Development

This permission relates to the winning and working of slate/shale for hedging/walling/building purposes. There shall be no stone extraction except from within the area outlined in purple on the approved plan (Drawing No. 1/08/D). Notes Following Visit There is no extraction taking place at the time of the visit. The extent of the quarry void is shown on the 2005 aerial photograph on the front page of this report and little had changed since this time. The extraction area appears to fall within the purple area on the approved drawing.

Condition Number and Description Condition 9. Tree Planting Scheme

Except as may otherwise be agreed with the MPA prior to the commencement of any quarrying works (including topsoil stripping) the new tree planting screen areas indicated on Landscape Plan IIA shall have been delineated on site by means of 2’ high pegs and planted as set out below, the areas so outlined shall be tree planted in the first planting season following the granting of this permission (i.e. 1994/1995) unless otherwise agreed with the MPA. The planting shall be in accordance with a scheme to be agreed with the MPA in consultation with the Cornwall Wildlife Trust. Such a scheme shall specify areas of planting, sizes, species, spacing, ground preparation and measures to control noxious weeds and the trees shall be maintained or replaced (if diseased or dead), throughout the duration of this permission in accordance with the principles of good sylviculture practice. Notes Following Visit Yellow pegs have been placed to delineate the tree planting areas.

As letter dated 12th November 2010 the Operator submitted a tree planting scheme for consideration of approval. The scheme was approved as email dated 30 November 2011.

The tree planting schedule is shown on Drawing Plan IIA/Rev 1 and identifies two planting areas, Area A and Area B. Area A has previously been planted with broadleaved native trees which have now matured and no further planting was required for this area. Area B covered approximately 500m2 and with 150 trees to be planted by 31st March 2012. Since the previous visit the trees have been planted and the Mineral Planning Authority will continue to monitor their progress.

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Photograph showing the established planting in part of Area A

Photograph showing the tree planting in Area B

Page 9 of 19 Condition Number and Description Condition 10. Landscaping and Restoration

Except as may otherwise be agreed with the MPA prior to any topsoil stripping within the approved extraction area, the Operators shall have submitted to, and had approved, by the MPA a scheme for its phased removal, storage and subsequent deployment for future use in landscaping and restoration. In respect of this scheme the amount of ground area stripped at any one time shall be limited in accordance with details to be agreed in order to minimise the impact on visual amenity. Notes Following Visit Letter dated 19th May 1999 agrees the storage of stripped soil on the already tipped area at the western end of the old quarry. This material remains on site but has since self vegetated and will need to be used in the restoration of the phase 1 tipping area as set out in the letter.

Should the Operator need to move any further topsoil then details would need to be approved by Mineral Planning Authority beforehand.

Condition Number and Description Condition 11. Agricultural

Except as may otherwise be agreed with the MPA prior to any works (including site clearance) within the old Westwood Quarry excavation, the Operators shall have (a) established a seven metre wide buffer zone between the old pond and the northernmost edge of any future tipping. (this buffer zone must be *protected by the erection of agricultural grade stockproof fencing where* indicated on the approved plan); and (b) arranged that the badger sets in the old excavation have been investigated to ensure they are unoccupied in accordance with details to be agreed with the MPA in consultation with English Nature. Should evidence of occupancy be found, the badgers shall be relocated in accordance with a scheme to be agreed. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *delineated by the placing of marker pegs at 10m intervals along the boundary* The Mineral Planning Authority is currently determining the terms of new conditions through negotiations with the Operator. Notes Following Visit (a) Tipping commenced in Phase 1 in the 1990’s and encroached closer to the pond than permitted on the approved drawings, leaving a buffer zone less than the 7 metres between the edge of the pond and the northern most edge of the fill as required by this condition. Operations are thought to have ceased around 2004 and since this time there has been little change to the Phase 1 tipping area and the surface has regenerated naturally. There is currently no agricultural grade stockproof fencing or marker pegs delineating the buffer zone..

As letter dated 12th November 2010 the Operator requested that the Phase 1 fill now be left in place given the maturity of the natural vegetation that had grown around the pond and the risk that excavation may have on the pond.

Given the site remains unoperational the Mineral Planning Authority finds it reasonable for these issues to be revisted at a time when operations recommence.

(b) There are no records on file which indicate badger surveys were ever undertaken. However as there has been little if any works in the old Westwood Quarry excavation since 2004 the Mineral Planning Authority recommends that the Badger survey be undertaken prior to works recommencing in this area.

Page 10 of 19 Condition Number and Description Condition 12. Control of Development

Except as may otherwise be agreed with the MPA prior to any works being commenced within the compound/buildings/display area (shown cross hatched in blue on Drawing No. 1/08/D) the Operator shall have submitted to and had approved by the MPA details of all building proposed to be constructed including offices, stores, workshops and other sheds including specification of dimensions, elevations, construction materials and surface finishes (walls and roofs). Notes Following Visit All of the small stores within the compound/buildings/display area have been removed except the portacabin style building. As letter dated 12th November 2010 the Operator submitted details of the portakabin building for consideration of approval. The details included a location plan and photograph and were approved as email dated 30 November 2011, subject to the building being removed with three months of cessation of quarrying.

Photograph showing the portakabin building sited in the compound/buildings/display area

Page 11 of 19 Condition Number and Description Condition 13. Plant machinery

Prior to the installation of any mechanical stone crushing/screening/sorting equipment or fixed plant at the site Operators shall have submitted to and had approved by the MPA a scheme relating to the following: a) Detailed design, dimensions and layout of machinery; b) Its precise location; c) A detailed noise/dust assessment including measures to mitigate the effects and to minimise disturbance to local amenity e.g. Cladding; and d) Any associated bunding/landscaping Notes Following Visit No plant was identified on site. There is no record of the scheme on file so should the Operator wish to install such equipment then the details would need to be agreed by the Mineral Planning Authority beforehand.

Condition Number and Description Condition 14. Lighting

All lights and floodlights shall be sited and/or screened so as not to cause nuisance or annoyance to any occupied dwelling in the vicinity of the site. Notes Following Visit There were no lights identified on site.

Condition Number and Description Condition 15. Hours of Working

Except for routine plant maintenance or as may otherwise be agreed in writing with the MPA, no operations (including fixed plant) authorised or required under this permission shall be carried out on the site except between the following times: Between 7.00 a.m. and 7.00 p.m. Mondays to Fridays Between 7.00 a.m. and 1.00 p.m. on Saturdays There shall be no working on Sundays, Bank Holidays or National Holidays. Notes Following Visit The site is currently unoperational and there are no issues in respect of working hours. The Operator should however be mindful of the approved working hours prior to the recommencement of any operations at the site.

Condition Number and Description Condition 16. Amenity Protection (General)

All practicable means shall be employed by the Operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise during the approved use of the site. The word practicable and the phrase practicable means in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act (1990) as defined overleaf. The provisions of this condition include the installation of and maintenance of effective silencers on all plant and machinery. Notes Following Visit The site is currently unoperational and the Mineral Planning Authority does not anticipate any issues relating to this condition at this time.

Condition Number and Description Condition 17. Town and Country Planning

Notwithstanding the provisions of the Town and Country Planning General Development Order 1988 no plant, machinery or buildings shall be erected on the operational area without the prior written agreement of the MPA. Notes Following Visit Details of the portacabin in the compound area have been submitted under condition 12. All other former stores and sheds have been removed. No new plant, machinery or buildings have been erected on site.

Page 12 of 19 Condition Number and Description Condition 18. Noise

Except as may otherwise be agreed with the MPA the noise level attributable to the approved quarrying and ancillary operations shall not exceed 45 dB(A) Leq (1 hour)(Free Field) as measured at the curtilage of any dwelling. Notes Following Visit The site is unoperational and the Mineral Planning Authority does not anticipate any noise issues at this time.

Condition Number and Description Condition 19. Blasting

There shall be no blasting at the quarry except in accordance with a scheme to be agreed with the MPA in consultation with *Railtrack*. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *Network Rail* The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit The site is unoperational and there is no blasting carried out. Should the Operator wish to undertake blasting at the site then it will need to be carried out in accordance with an approved scheme.

Condition Number and Description Condition 20. Materials

There shall be no stockpiling of any materials either for sale or waste rock, subsoil or topsoil on the undisturbed portions of the site or areas which have undergone restoration. All stockpiling shall be confined to quarried portions of the operational area in accordance with details to be agreed with the MPA. Notes Following Visit No materials are stored on the undisturbed portions of the site or restored areas.

Condition Number and Description Condition 21. Watercourses

All quarry washings and run off from disturbed areas and quarry tracks shall be irrigated over grassland or contained within settlement lagoons before discharge to any watercourses to remove gross solids. The design and location of such lagoons shall be in accordance with details to be agreed with the MPA in consultation with the *National Rivers Authority (NRA)* and *Railtrack*. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *Environment Agency (EA)* and *Network Rail* The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit There is no record of a scheme on file. However given that the site is currently unoperational it is not considered necessary at this time. If operations recommence then a scheme will need to be submitted and approved prior to any discharge into a watercourse.

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Condition Number and Description Condition 22. Watercourses

Prior to the dewatering of the quarry (should the base extend below the level of the highest winter water table) a scheme shall be agreed with the MPA, in consultation with the *NRA*, in order to protect adjacent groundwater supplies. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *Environment Agency (EA)* The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit There is no dewatering at present. Should the Operator wish to dewater the quarry then a scheme will need to be agreed beforehand.

Condition Number and Description Condition 23. Watercourses

Storage of fuels for machines and pumps shall be sited at a distance from any watercourses in accordance with details to be agreed with the MPA, in consultation with the *NRA*. The tanks and other oil/chemical storage facilities should be sited in bunded areas and the bund capacity should be 110% of all tanks and there shall be no working connection outside the bunded areas. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *Environment Agency (EA)* The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit The unbunded fuel tank previously identified in the compound/building/display area has now been removed from site. No fuels are stored at the site.

Condition Number and Description Condition 24. Watercourses

Any water arising as a result of process (i.e. trade effluent) or domestic foul drainage shall be discharged in accordance with details to be agreed with the MPA in consultation with the *NRA*. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *Environment Agency (EA)* The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit The site remains unoperational. Should the Operator need to discharge any water arising as result of process or domestic foul drainage then it will need to be in accordance with an approved scheme. Condition Number and Description Condition 25. Landscaping

There shall be no tree felling or other disturbance to the vegetation shown edged green on the approved plan (Drawing No. 1/08/D) except as may otherwise be agreed with the MPA. Notes Following Visit No tree felling was evident.

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Condition Number and Description Condition 26. Landscaping

Within 12 months from the date of this permission or within some longer period as may be agreed with the MPA the screen bund along the southern fringe of the extraction area shown on the approved plan (Landscape Plan IVA) shall have been constructed and planted in accordance with the provision of that plan. Notes Following Visit The earth bund shown on drawings 1/02E and 1/08D proposed to follow the line of the relocated access track has not been constructed. As the quarry void has not progressed southwards there has been little if any need to construct the bund at this time. As letter dated 12th November 2010 the Operator has requested that the construction of the bund be deferred so that it is dealt with as part of the overall quarry development and restoration plan detailed in condition 30. The Mineral Planning Authority approved the deferment as email dated 30 November 2011.

Condition Number and Description Condition 27. Landscaping

There shall be no importation of waste material to the site unless further planning permission has been granted. Topsoil *and subsoil* only may be brought onto the site for restoration purposes and then only with the prior approval of the MPA. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed to the following: *subsoil* added to the condition. The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit No evidence of waste importation at the site.

Page 15 of 19 Condition Number and Description Condition 28. Landscaping

There shall be no tipping of quarry generated wastes outside the area of the old Westwood Quarry excavation *or permitted stone extraction area* (i.e. the area outlined in red on the approved plan (Drawing No. 1/08/D). Except as may otherwise be agreed with the MPA there shall be no deposition of fill material within three metres of the existing railway boundary fence. The tipping shall proceed in the four phases (indicated Nos. 1 to 4) on the Drawing Nos. 1/08/C and 1/07/B. There shall be no tipping in the phase 2 area until the northern-most edge of the phase 1 tipped area has been profiled, surface treated and tree planted in accordance with details to be agreed with the MPA in consultation with Railtrack and the Cornwall Wildlife Trust. Similarly, there shall be no tipping in the phase 3 or 4 areas until the northern edges of the previous phase 2 and 3, have been profiled, surface treated and tree planted as above. Reprofiling, surface treatment and planting within the Phase 4 area shall be in accordance with details and a timescale to be agreed with the MPA in consultation with the Cornwall Wildlife Trust. Note: It has been proposed in the ROMP application that the wording between the *asterisks* in the condition above will be changed as follows: *or permitted stone extraction area* added to the condition The Mineral Planning Authority is currently determining the new conditions through negotiations with the Operator. Notes Following Visit Tipping remains in Phase 1 although materials have been tipped closer to the pond than approved in condition 11 (materials should not be closer than 7 metres), and therefore materials have been tipped outside the red line tipping area shown on Drawing 1/08/D. Operations are thought to have ceased around 2004 and since this time there has been little change to the Phase 1 tipping area and the surface has regenerated naturally. As letter dated 12th November 2010 the Operator requested that the Phase 1 fill now be left in place given the maturity of the natural vegetation that had grown around the pond and the risk that excavation may have on the pond. Given the site remains unoperational the Mineral Planning Authority finds it reasonable for these issues to be revisted at a time when operations recommence.

This condition provides for progressive infilling and restoration and the Operator cannot commence infilling in Phase 2 until the northern-most edge of the phase 1 has been profiled, surface treated and tree planted in accordance with an approved scheme. There is no record of the scheme on file but the Operator is aware that a scheme will need to be approved and the restoration measure implemented on Phase 1 before commencing Phase 2.

Photograph showing the Phase 1 Tipping Area

Page 16 of 19 Condition Number and Description Condition 29. Landscaping

Except as may otherwise be agreed with the MPA the top 0.7m of all tipping areas (i.e. the old Westwood Quarry excavation area) shall be free from large objects exceeding 150mm (6) in size likely to impede plant growth and shall be covered with 300mm (12) of subsoil. The final layer shall comprise topsoil to a minimum depth of 150mm (6) unless otherwise agreed. The finished surface shall be progressively restored to woodland in accordance with the provisions of Condition No. 28 with planting taking place when backfilled areas reach the approved levels. Notes Following Visit Tipping in Phase 1 is not yet complete and therefore it is too early to assess the final quality of the tipped surface. The Operator was reminded of the condition.

Condition Number and Description Condition 30. Restoration

Within 6 months from the date of this permission or some longer period as may be agreed with the MPA the Operators shall submit and have approved a heathland restoration and aftercare scheme to cover the proposed areas for backfilling with quarry waste and subsequent landscaping. Such a scheme shall specify the steps to be taken including planting, fertilising, watering, drainage, fencing and for land management and for the control of noxious weeds. The aftercare period shall extend for a period of 5 years from the date when the restoration of the areas has been completed. Notes Following Visit As letter dated 10th October 2012 the Operator submitted a request for the submission of the restoration scheme to be deferred until 31st December 2013.

ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should consider the request to defer the submission of the restoration scheme until 31st December 2013 (request submitted 10th October 2012)

Condition Number and Description Condition 31. Restoration

On completion of the quarrying operations hereby approved, the remaining excavated area shall be treated and restored for amenity purposes in accordance with a scheme to be agreed with the MPA. Such a scheme shall include measures to rehabilitate the quarry floor, treatment of quarry faces, former plant areas and access roads. All plant, machinery, buildings and stockpiles shall be removed. The restored areas shall be subject to a programme of aftercare in accordance with details to be agreed with the MPA. Notes Following Visit The Operator is currently considering restoration options for the site and as identified in condition 30 has requested a deferral of the restoration scheme until 31st December 2013.

Page 17 of 19 4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed Issues to be addressed by MPA Designated Officer Details NR/94/00044/MIN dated 31/10/1994 Condition 2. Permission, and Condition 7. Submitted Plans – Re: Extraction line The Mineral Planning Authority should determine the Westwood Quarry ROMP application ref PA10/08855 validated on 14th January 2011. Mr Ellis Crompton-Brown 01872 224453 [email protected] Condition 30. Restoration The Mineral Planning Authority should consider the request to defer the submission of the restoration scheme until 31st December 2013 (request submitted 10th October 2012)

Issues to be addressed by Operator NR/94/00044/MIN dated 31/10/1994 None at the time of the visit

Page 18 of 19 11. Summary Westwood Quarry is located to the north east of East Taphouse near Liskeard. Decision Notice (CN96) 94/0748 for the reopening of and extension to disused quarry was approved on 31st October 1994. This permission will expire on 30 September 2019 but in the meantime was due its fifteen year Periodic Review by 31st January 2011, following an extension to the deadline agreed by the Mineral Planning Authority.

The ROMP application for the above decision notice (ref PA10/08855) was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. The Mineral Planning Authority had not at the time of this visit issued a new decision notice for the ROMP application and negotiations are being undertaken with regards to identifying the reviewed planning conditions. For this reason the conditions from the 1994 permission have been included in this report as well any proposed changes to the conditions submitted in the review application.

The site remains unoperational and the Operator is considering restoration options for the site. The Mineral Planning Authority has not received any complaints and all of the ambers identified in this report are in relation to matters which need addressing by the Mineral Planning Authority.

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