1.0 RECOMMENDATION

1.1 That having regard to the environmental information planning permission be GRANTED for the reasons set out in Appendix 1 and subject to:

(a) The execution of an agreement under Section 106 of the Town and Country Planning Act 1990 to:

(i) secure the proposed voluntary HGV routing agreement and ‘Haulier Rules’ which all the applicant’s drivers and haulage contractors are required to abide by; (ii) secure a contribution of £10,000 from the applicant to the Council which shall be applied by the Council to mitigate the impacts of HGV traffic and provide local highway improvements; (iii) secure the route of an access along the ridge top on land in the applicants ownership for recreational use.

(b) The conditions in Appendix 2.

1.2 That the planning assessment set out in section 4 of the report shall form the basis of the statutory requirement to be published under Regulation 21 of the Town and Country Planning Environmental Impact Assessment Regulations 1999.

2.0 THE PROPOSAL

2.1 The applicant seeks to extend the life of an existing permission Ref. 2/01/9043 which expired on 31 December 2006 and extend the area of the sand quarry to the west by a further 10.7 hectares making a total site area of 19.6 hectares.

2.2 The High House Quarry is located at the eastern end of the fluvio-glacial sand ridge called the Abbeytown Ridge. Sand has been extracted from the area for 40 years and High House Quarry has been worked for 20 years in association with Aldoth and Dixon Hill Quarries, which are now worked out. The proposal is to extract 1.5 m tonnes of sand over a period of 15 years giving an annual extraction rate of 100,000 tonnes. The extraction would take place in three phases with a maximum proposed depth of working of 24m AOD, which is 5.0m above the water table.

2.3 The excavation would take place below and to the north of the ridge and is the width of the field that forms the plateau behind the ridge. The proposed final restored landform would be a hollow surrounded by slopes of varying gradients. The existing ridge line is 46.0m AOD and the existing quarry extends to a depth of 22.0m AOD. Scrub vegetation will be retained on the south side of this hollow and as the phases progress tree and shrub planting is proposed on the surrounding slopes. Hedge planting would define the boundaries of the mainly level central field system. The proposed level of the field system would be 24.0m AOD. The existing mature trees along the existing access track on the ridge top would be retained and no excavation would occur near their root spread.

2.4 The applicant proposes that traffic would be restricted to 20 laden heavy goods vehicles per weekday and 12 on Saturdays permitted under the recently expired consent. Vehicles would continue turning right on leaving the quarry access track down an unclassified road, which has had several passing places provided and then left on to the Abbeytown Road and then the B5302 to and .

2.5 The applicant supplies a range of sands primarily to markets in , to their own concrete plant at Aldoth and their concrete block making plant at Silloth. The company employs 30 local people in these businesses.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Borough Council has no objections.

3.2 Holme Abbey Parish Council has no objections.

3.3 Parish Council (adjoining parish) state that the application is located within the minerals and waste development area but they are concerned that any expansion of sand quarries will affect the infrastructure of particularly narrow roads and they point out that there have been problems with heavy vehicles using the B5301.

3.4 The Highways Authority has stated that with regard to the proposed extension in isolation there is no issue with the roads serving the site. However, when considered with other operations in the vicinity there are issues relating to the cumulative impact on road safety relating to the size, number and weight of vehicles. It is recommended that the applicant contributes £10,000 to an area based programme of road safety improvements which may include road alignment, provision of passing places and verge strengthening on a proportional basis dependent on the number and weight of vehicles. This contribution would form part of a Section 106 Agreement.

3.5 The Environment Agency has no objections to this application with regard to groundwater resources as the proposal is to work to a depth of at least 5.0m above the water table.

3.6 DEFRA (now Natural ) are concerned that 11.33 hectares of Grade 3a agricultural land (capable of sustaining mixed arable crops) which constitutes “best and most versatile” agricultural land is affected by the proposal. They have stated that they would normally expect that provision would be made for the reinstatement of an equivalent area of agricultural land without loss of quality. The proposed restoration will result in the 11.33 hectares of Grade 3a becoming divided into 6.15 hectares of Grade 3a and 4.89 hectares of Grade 3b, with a further 3.66 hectares of Grade 4 land and the remainder restored to create native woodland and scrub suitable for nature conservation.

3.7 The reduction in quality of agricultural land grade is partly due to the range of variable gradients proposed in the restoration scheme ranging from level ( the applicant now proposes a gradient of 1 in 60 ) on the central field to 1 in 3 on the surrounding slopes. Defra recommend that modification of the restored landform to achieve a gradual fall to a low point on the quarry floor together with

a reduction in the steepness of surrounding slopes should permit a greater area to be restored to a target Sub-Grade 3a standard.

3.8 They also recommend that the applicant be required to adopt the Dixon Webb soils handling recommendations (Dated June 2006 and included in Volume 3: Appendices of the submitted Environmental Impact Assessment) as the definitive proposals with the addition of provision for the temporary storage of subsoil as well as topsoil. This would be conditioned should the application be approved.

3.9 Local Member Mr AJ Markley has been notified.

3.10 Two letters of representation have been received. The first states that he does not wish to object to the principle of the development but he is concerned about the proposed workings being visible from his house and more importantly he was concerned about the cumulative visual impact of the whole ridge being excavated in the future. He requested that advance planting was proposed now so that it would help screen the proposed development and any future extensions along the ridge.

3.11 The second letter came from a resident living on the edge of the western approach into Abbeytown and expresses concern about the large number of lorries, travelling faster than 30mph, the road being too narrow for two lorries to pass, private drives and verges being used for passing, lack of footpath being dangerous for pedestrians and inadequate lighting in the 30mph zone. He considers that the junction in Abbeytown onto the B5302 is dangerous for large vehicles. The road construction is substandard for 40 ton lorries. The questions that lorries should be permitted to operate from 6.00am to 19.00pm when the quarry opens 7.00am to 18.00pm and he is concerned that this site and the New Cowper Processing Plant should be monitored particularly between 6.00 and 7.00 am.

4.0 PLANNING ASSESSMENT

4.1 The proposal is to extend the existing quarry to the west within an Area of Search defined in Policy 30 of the Cumbria Minerals and Waste Local Plan. The consent for the existing quarry expired on 31 December 2006 without the approved area having been fully excavated or restored. The current application seeks to extend the life of the existing quarry to 31 December 2021 and extend the area of the quarry to the west also with a completion date of 31 December 2021. It proposes a comprehensive restoration scheme completed over three phases for the entire development with a maximum excavated depth of 24.0m AOD.

4.2 The main issues relate to need, landscape impacts, tourism and traffic:

Need 4.3 MPS 1 requires Mineral Planning Authorities to ensure sufficient reserves of aggregates are available. For sand and gravel a landbank of at least seven years supply is recommended. There are different methods of calculating the

size of the landbank, based either on the average annual production or on an apportionment agreed by the Regional Planning Body based on forecasts. Both indicate that there is an adequate supply of sand and gravel throughout the whole of Cumbria at the present time. Based on the long term average production level of 900,000 tonnes per annum the landbank was 11.7 years at the end of 2004, and on an apportionment of 700,000 tonnes the figure becomes 15 years. (Figures used in the Preferred Options document of the Minerals and Waste Development Framework).

4.4 However the size of the landbank does not tell the whole story. All planning permissions are due to expire by 2015, most before 2011. In addition deposits of sand and gravel in the county are highly variable and this also brings into question the reliability of the landbank figures. There will therefore be a need to grant time extensions at sites where reserves remain and to grant further permission in parts of the county to maintain local sources of supply.

4.5 The Cumbria Minerals Local Plan (MWLP), adopted in 2000, identified seven operational sites in the West Cumbria area and recognised the Aldoth area or Abbeytown Ridge as a deposit of strategic importance. It stated that ‘Constraints to future working include the road network and the impact on the landscape, nature conservation and residents.’ Nevertheless it is recognised that most of the need for additional reserves would have to be met from this area and identified as an Area of Search under Policy 30.

4.6 The plan states that given the limitations of the road network and other environmental impacts it is considered that a production level of 215,000 tonnes per annum would be a suitable maximum for the Aldoth area. This figure reflected the level of production in 1993 which was an increase over levels in the few years prior to that date. The level has been exceeded in years since that date. I would estimate that over the years the area has contributed between 25 and 30% of the county’s total sand and gravel output, giving an annual average of around 250,000 tonnes.

4.7 The seven operational sites mentioned in the MWLP include Cardewmires (expires 2009), Overby No2 (expires 2010 and is currently the subject of an application to extend the site), New Cowper (expires 2008), Peel Place (expires 2015) and the current application to extend the lifespan and area of High House Quarry to 2021. The remaining sites, Aldoth Quarry and Bulgill were both due to expire in 2008, the former is already worked out and Bulgill is expected to finish this year.

4.8 In addition as Aldoth and Dixon Hill are now worked out High House Quarry is the applicant’s only remaining source of sand for current customers and their own concrete and block making businesses.

4.9 I therefore consider that there is a need to release additional reserves at this site, both to maintain a level of the contribution from the Aldoth area to reduce the need to transport material from further away and also as a means of ensuring that material is available after 2011.

4.10 The provision of additional reserves to contribute to the seven year landbank would conform with Policy 29 Cumbria Minerals and Waste Local Plan 1996- 2006.

Landscape and Tourism 4.11 The existing quarry is well contained with negligible visual impacts at present. Although the proposal seeks to extend the site significantly, no significant visual effects would arise. The proposal does not disturb the ridge line and contains the excavation to the plateau area beyond the ridge. The main visual receptor is Tarns Farm. The farmer has not objected to the proposal but has suggested that advance planting along land in the ownership of the applicant would establish a partial screen to the panoramic view the farmer has of the ridge. He is also concerned about the future adverse cumulative visual effect on the ridge as successive applications are submitted.

4.12 The applicant has submitted a landscape strategy for the possible future treatment of the landform along the length of the ridge with High House to the northern end and Overby Quarry to the south. This indicates that the current landform proposal for High House has been considered within the context of the whole ridge. The applicant has agreed to additional native tree/shrub planting outside the application boundary on land owned by the applicant, in order to screen the visual effect of particularly Phase 3 of the development and some advance planting to soften the visual effects of long term excavation of the Abbeytown Ridge. This aspect will be covered by condition on any planning permission.

4.13 Where an area of sand of particular quality has been identified by borehole testing to the rear of Cobble Hall the applicant has submitted a detailed section that indicates that although the excavation would affect an area visible from the C2012 the proposed restoration would reinstate the integrity of the ridge by the end of Phase 3. Cobble Hall and the surrounding land is owned by members of the applicant’s family.

4.14 The remainder of the proposal removes an area of land along the plateau, however it is considered that the loss of landform is acceptable, as the majority of the dip slope to the north west of the plateau remains intact and the integrity of the ridge line is retained. The workings will begin to create a valley void which the restoration scheme does not seek to infill or reinstate the plateau.

4.15 It proposes instead to restore the valley bottom to a base level of 24.0m with a mixture of sloping and steep sides. Central fields with hedgerows would be created with some scrub and woodland planting along the sloping sides and boundaries of the site. This planting should screen and contain the operation as each of the three phases progress and the planting becomes established.

4.16 It is proposed to extract the sand with a front end loader and process using a series of dry screens. No washing would be required as the deposit is generally clean. All the plant will be mobile and moving within the quarry, which would minimise visual intrusion and the impact of noise on the surrounding countryside

4.17 The current proposal is well contained within the landscape and the proposed mitigation would assist in ensuring that the restored landscape would remain in character with the ridge. The proposed after use of the land will result in the creation of more diverse habitat and include 2.6 ha of woodland, retention of 2.2 ha of gorse and woodland scrub and the return of 14.7 ha of land to agricultural use.

4.18 The Abbeytown Ridge and the Aikshaw area is currently being assessed by county council Access officers in order to develop a network of footways and bridleways for recreational use by local residents and visitors. It is recognised that the area has increasing importance for tourism and the access officer has identified a number of horse riding establishments in the area that utilise the highways for shorter rides. At the weekend treks can extend to the beaches of the Area of Outstanding Natural Beauty and riders use a route which is a combination of highways and bridleways.

4.19 The provision of off road routes for both pedestrians and horse riders minimises the potential for conflict with lorries currently using highways with no adjoining footways and limited opportunity for passing. The access officer is keen to seek the agreement of landowners to establish routes and the ridge top location of this development is ideal for this purpose and is currently used informally by locals for walks particularly in the evening and weekends when the quarry is not operational.

4.20 The proposal to retain the integrity of the locally distinctive feature of the Abbeytown ridge, contain visual intrusion, extend public access and community value of the landscape conforms with Policy E37: Landscape Character of the Cumbria and Lake District Joint Structure Plan 2001-2016 Adopted Plan, April 2006.

4.21 If permission is granted I would propose a Section 106 Agreement which in part would seek to secure public access to the ridge top route.

Agriculture and Ecology

4.22 Natural England are concerned about the reduction of Grade 3a ‘best and most versatile’ agricultural land and the steeper sides and the flat gradient of the central area proposed in the restoration scheme, as these characteristics reduce the flexibility and the quality of the land.

4.23 From 1 October 2006, Section 40 of the Natural Environment and Rural Communities Act 2006 places a duty on public bodies to have regard to the purpose of conserving biodiversity. The creation of good quality habitat with defined biodiversity objectives and an appropriate management plan would compensate for the partial loss of Grade 3a agricultural land and ensure the ecological network is extended. Consequently a Wildlife Enhancement and Management Plan which furthers habitat and species conservation in accordance with the Biodiversity Action Plan and having regard to UK Priority and protected species that occur in Cumbria would be required of the applicant to demonstrate that habitat of high quality is created to meet Cumbria’s biodiversity objectives, as the quarry develops towards final restoration.

4.24 This should also seek to extend the habitat of the badgers identified in the survey carried out in 2005. This revealed the presence of a main and outlier badger sett within the existing and proposed extension to the quarry. Badgers are species protected by law under the Protection of Badgers Act 1992 and licences would be required from Natural England to work within 30.0m of the setts. The applicant is proposing to safeguard this area undisturbed during the life of the quarry and the woodland and scrub planting proposed as part of the restoration would extend badger habitat as it becomes established. Monitoring

of the impact of the development on the badgers, their setts and surrounding habitat would ensure their continued wellbeing and is conditioned as part of the Conservation Management Plan.

4.25 The safeguarding of protected species and the extension of biodiversity and ecological networks conforms with Policy E37: Landscape Character of the Cumbria and Lake District Joint Structure Plan 2001-2016 Adopted Plan, April 2006.

Traffic 4.26 Policy 1 of the MWLP indicates that developments which generate road traffic will only be permitted where roads are to appropriate standards or can be upgraded for the type of traffic proposed and where any increase will not have an unacceptable impact.

4.27 Traffic currently goes out onto a road that is narrow and poorly *** in places but has served the sites for many years and there is to be no increase in traffic proposed.

4.28 Traffic on the B5301 is of particular concern locally, however, the majority of traffic from this site would travel north away from that road to join the B5302 at Abbeytown. The applicant confirms that the site has generated an average of 16 vehicles per weekday in the last year and they expect that to continue. The applicant wishes to retain the capacity of the existing traffic condition which restricts the number of laden vehicles leaving the site each day to 20 on full working week days and 12 on Saturday.

4.29 The Highways Authority has stated that with regard to the proposed extension in isolation there is no issue with the roads serving the site. However, when considered with other operations in the vicinity there are issues relating to the cumulative impact on road safety relating to the size, number and weight of vehicles. They have recommended that the applicant contributes to an area based programme of road safety improvements which may include road alignment, provision of passing places and verge strengthening on a proportional basis dependent on the number and weight of vehicles and a Section 106 Agreement is proposed to include £10,000 towards the provision of road safety measures on the local road network.

4.30 Improvements where there are problems of safety combined with enhancement of the network of facilities for recreational use conforms with Policy 1: Cumbria Minerals and Waste Local Plan 1996-2006.

Human Rights Act 1998

4.31 The proposal will have a limited impact on the visual amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.32 There is a need to release additional reserves in this area to sustain its existing

contribution to sand and gravel supply in the county. Based purely on a numerical calculation the landbank of reserves is adequate but there are uncertainties about the reliability of some of the figures and all permissions are time limited, expiring before 2015.

4.33 The scheme of working has been well designed and should ensure that the visual and landscape impact of the development remains well contained. No areas of significant interest to the natural or historic environment would be affected and there is potential to secure public benefit in terms of access to the Abbeytown Ridge. Vehicles from the site would travel along a class C road, which is far from ideal but there is no highways objection and the suggested contribution to road improvements would assist in mitigating the impact.

4.34 Overall I consider that this proposal is acceptable and I recommend that planning permission is granted.

Shaun Gorman Head of Environment

Contact

Lesley Hulett, Kendal, tel. 01539 773114

Background Papers

Planning Application File Reference No. 2/06/9017

Electoral Division Identification

Mr AJ Markley: Solway Coast

N:\Filing\planning\applications\allerdale\2069017\2069017 report 070226 dcr.doc

APPENDIX 1 DC&R COMMITTEE – 30 March 2007 FILE REF. NOS. 2/06/9017

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED)

SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION

1. This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2. The key development plan policies taken into account by the County Council before granting permission were as follows:

Cumbria and Lake District Joint Structure Plan 2001-2016

Policy E37

Development and land use change should be compatible with the distinctive characteristics and features of Cumbria’s landscape types and sub types. Proposals will be assessed in relation to:

1. locally distinctive natural or built features 2. visual intrusion or impact 3. scale in relation to the landscape and features 4. the character of the built environment 5. public access and community value of the landscape 6. historic patterns and attributes 7. biodiversity features, ecological networks and semi-natural habitats, and 8. openness, remoteness and tranquillity.

Cumbria Minerals and Waste Local Plan 1996-2006 (adopted 2000)

Policy 1

Proposals for minerals and waste development which generate road traffic will only be permitted where:

(i) the roads, junctions and site access are to the appropriate standard, or they can be upgraded without causing irreversible damage to the character of the road, so that the road network is capable of accommodating the type and volume of traffic without having an unacceptable impact on highway safety or the convenience of other road users; and (ii) the increase in traffic would not have an unacceptable impact on local communities by reason of visual intrusion, fumes, noise and vibration.

Proposals for sites with good links to the strategic route network will be favoured.

Policy 4

Proposals for minerals and waste development will only be permitted where surrounding land uses can be adequately safeguarded from dust and odour.

Policy 7

Proposals for minerals and waste development will only be permitted where any visual impact can be reduced to an acceptable level through sensitive siting and design including phasing of operations, progressive restoration, screening or other measures.

Policy 29

The County Council will aim to grant sufficient permissions to maintain throughout, and at the end of the Plan period, a landbank of permitted reserves for at least 7 years extraction of sand and gravel and at least fifteen years extraction of crushed rock aggregate unless exceptional circumstances prevail.

Appendix 2 Ref No 2/06/9017 Development Control and Regulation Committee: 30 March 2007

PROPOSED SCHEDULE OF CONDITIONS

TIME LIMITS

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with the requirements of section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2 This permission shall be for a limited period only expiring on 31 December 2021, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, including foundations and hardstandings shall have been removed from the site, and the site shall have been restored in accordance with the approved scheme.

Reason To secure the proper restoration of the site following the sought period for mineral extraction, in accordance with Policy 47 of the Cumbria and Lake District Joint Structure Plan 2001-2016 (Structure Plan) and Policy 21 of the Cumbria Minerals and Waste Local Plan 1996-2006 (Minerals and Waste Local Plan)

APPROVED OPERATIONS PROGRAMME

3 The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. Any variation to the approved scheme shall be submitted to and approved in writing by the Local planning authority prior to being carried out. The approved scheme shall comprise the following documents:

3.1 the letter of application dated 31 July 2006 3.2 the submitted planning application form, dated 27 July 2006 3.3 the Environmental Statement :Volume 1: Non Technical Summary, Volume 2: Written Statement and Volume 3: Appendices: dated July 2006 3.4 the drawings referenced: HIG 100, HIG 103, HIG 105, HIG 106, HIG 107, HIG 108, HIG 109, HIG 110, HIG 111: Rev A Section through workings showing visibility from C2012 road :and the relevant part of Figure 15.0: Overby and High House Quarries, Cumulative Landscape Strategy. 3.5 the letter from Stephenson Halliday dated 29 November 2006 3.6 the approved schemes referred to and outstanding details required by conditions attached to this permission: 3.7 the Agreement made under Section 106 of the Town and Country Planning Act, and 3.8 the Decision Notice

Reason: To ensure that the site is worked and restored in accordance with the approved scheme and to avoid confusion as to what the approved scheme

comprises of.

4 From the commencement of the development to its completion, a copy of the approved scheme and any other documents subsequently approved in accordance with this permission shall always be available on site for inspection during normal working hours. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure that those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.

5 In the event that mineral working permanently ceases prior to the full implementation of the approved scheme, a revised scheme to include details of the restoration, aftercare and timescale for the completion of the restoration works, shall be submitted for approval to the Local Planning Authority, within 12 months of the cessation of working. Such a revised approved scheme shall be fully implemented unless otherwise agreed in writing by the Local Planning Authority.

Reason: To secure the proper restoration of the site in the event that operations cease prior to the full implementation of the scheme, in accordance with Policy R47 of the Structure Plan and Policy 21 of the Minerals and Waste Local Plan.

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re-enacting that order), planning permission shall be sought and obtained from the Local Planning Authority, before any buildings, structures, or erections, plant or machinery (other than those permitted by this permission) are erected on the site or on any ancillary mining land.

Reason: To maintain control over additional built development upon the site in the interest of amenity, in accordance with Policies 2 and 7 of the Minerals and Waste Local Plan

7 Details of any lagoons required in connection with the washing of sand and areas for the stockpiling of sand and gravel shall be submitted to and approved by the Local Planning Authority prior to being brought into use.

Reason: To reserve for subsequent approval details relevant to the permitted development not submitted with the planning application and to minimise the visual impact of the development.

8 Prior to the temporary storage of any scrap or redundant machinery arising on site, the location of and if necessary, the measures for screening such a temporary storage area shall be agreed with the Local Planning Authority.

Reason: To reserve for subsequent approval details relevant to the permitted development not submitted with the planning application and to minimise the visual impact of the development.

ECOLOGY

9 A Wildlife Enhancement and Management Plan which furthers habitat and species conservation in accordance with the Cumbria Biodiversity Action Plan and having regard to UK Priority and Protected species that occur in Cumbria, shall be prepared and agreed with the Local Planning Authority within six months of the commencement of works on site. This plan shall include a programme to monitor the impact of the development on the badgers, their current and any new setts and their foraging habitat.

Reason: To maximise the potential for biodiversity within the proposed areas of habitat creation identified on the submitted drawings, in accordance with Policy E35 of the Structure Plan.

LANDSCAPE

10 A detailed landscape plan is to be submitted, within three months of the commencement of works on site, to indicate phased planting within the site and advance planting, on land in the applicants ownership, to assist in screening the quarry from neighbouring properties and long distance views. The plan is to include information on tree, shrub and herbaceous planting including species, numbers, planting height, pot size, staking, protection from wind and animal attack and maintenance/after care proposals.

Reason: To safeguard the amenity of the area and enhance the nature conservation and biodiversity objectives relating to this part of Cumbria, in accordance with Policy E35 of the Structure Plan.

11 All trees and plants planted in accordance with the requirements of this permission shall be protected, managed and maintained until the expiry of this permission. Any trees or plants which die or become diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority.

Reason: To secure the satisfactory establishment of the tree planting in the interests of amenity, in accordance with Policy 7 of the Minerals and Waste Local Plan.

ARCHAEOLOGY

12 No development shall commence on undisturbed ground within the site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.

This written scheme will include the following components:

(i) An archaeological evaluation to be undertaken in accordance with the agreed written scheme of investigation; (ii) An archaeological recording programme the scope of which will be dependant upon the results of the evaluation and will be in accordance with the agreed written scheme of investigation; (iii) Where appropriate, a post-excavation assessment and analysis,

preparation of a site archive ready for deposition at a store approved by the local planning authority, completion of an archive report and publication of the results in a suitable journal.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the preservation, examination or recording of such remains, in accordance with Policy E38 of the Structure Plan.

HOURS OF OPERATION

13 Unless prior notification is given to the site liaison committee and prior approval given in writing by the Local Planning Authority, no operations, including the loading or transportation of minerals or operation of quarry plant, movement of road vehicles on and off the site, shall take place on site outside the hours:

0700 to 1800 hours Mondays to Fridays 0700 to 1300 on Saturdays.

No operations of quarry plant or loading or transportation of minerals, shall take place on Sundays or on Bank or Public Holidays.

This condition shall not, however, operate so as to prevent the use of pumping equipment, the carrying out of essential maintenance to plant and machinery used on site.

Reason: To ensure that no operations hereby permitted take place outside normal working hours which would lead to noise having an unacceptable impact upon the amenity of local residents, in accordance with Policy 2 of the Minerals and Waste Local Plan.

ACCESS AND TRAFFIC

14 There shall be no vehicular access to or egress from the site other than via the approved access shown on Drawings HIG 105 to 109 in Volumes 1 and 2 of the Environmental Impact Assessment, unless otherwise agreed by the Local Planning Authority.

Reason: To avoid vehicles entering or leaving the site by an unsatisfactory route in the interests of highway safety, in accordance with Policy 1 of the Minerals and Waste Local Plan.

15 The total number of laden heavy goods vehicles leaving the site each day shall not exceed 20 on Mondays to Fridays and 12 on Saturdays. A record of all laden heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record shall be afforded to the Local Planning Authority on request.

Reason: In the interests of highway safety and to ensure acceptable levels of impact of lorry traffic on local residents and other road users, in accordance with Policies 1, 2 and 4 of the Minerals and Waste Local Plan.

CONTROL OF NOISE

16 All plant, machinery and vehicles used on site shall be fitted with effective silencers and engine insulation so as to minimise the level of noise generated by their operation.

Reason: To safeguard the amenity of local residents by ensuring that the noise generated in their operation is minimised and so does not constitute a nuisance outside the boundaries of the site, in accordance with Policy 2 of the Minerals and Waste Local Plan.

17 The only type of reversing warning system to be used on mobile plant shall be ‘white noise’ systems unless otherwise agreed in writing with the Local Planning Authority prior to its use.

Reason: To minimise the noise generated by the reversing alarm system so that it does not constitute a nuisance outside the site, in accordance with Policy 2 of the Minerals and Waste Local Plan.

18 Unless otherwise agreed in writing by the Local Planning Authority, and subject to the exception in Condition 19, the noise level attributable to the approved quarrying operations shall not exceed the background noise by more than 10 dB(A) at any noise sensitive property, as required by MPS 2, as specified in Para 2.8.9 in Volume 2 of the Environmental Impact Assessment.

Reason: To safeguard the amenity of local residents by ensuring that noise generated by the operations hereby permitted does not cause a nuisance outside the boundaries of the site, in accordance with Policy 2 of the Minerals and Waste Local Plan.

19 Unless otherwise agreed in writing by the Local Planning Authority, and notwithstanding Condition 18, the noise level arising from soil/overburden stripping, replacement and storage activities shall not exceed 70 dB(A) at any noise sensitive property. This is subject to the limitation that such activities should take place for no more than 8 weeks in a year in the vicinity of any noise sensitive property.

Reason: To limit the periods within which these noisier operations can take place in the interests of local amenity, in accordance with Policy 2 of the Minerals and Waste Local Plan.

20 For the purposes of this and the previous two conditions:

The noise levels are expressed as one hour free field LAeq's. Free field shall be defined as a point 3.5 metres in front of the façade of any noise sensitive property facing the mineral extraction operations. Any measurements to check compliance shall have regard to the effects of extraneous noise and shall be corrected for any such effects.

21 A noise sensitive property shall be defined as any building outside the site used as a dwelling, hospital, school, place of worship, office or any other purpose where the occupants are likely to be adversely affected by an increase in noise

levels and which was before 22 July 2004, used as such or was under construction for such use or was the subject of a planning permission (not being outline permission) for such use granted under Part III of the Town and Country Planning Act 1990.

Reason: To define the meaning of the noise level and of a noise sensitive property.

CONTROL OF DUST

22 The access road from the site to the public highway shall have speed controls applied, the use of a road sweeper and water in order to control dust and maintain the road to a good standard of repair, free of potholes for the life of the operations.

Reason: In the interests of highway safety, in accordance with Policy 1 of the Minerals and Waste Local Plan.

23 A programme of dust control measures are to be applied to include: an adequate supply of water on site to ensure that the rate of application will be sufficient for the purposes of wetting the ground, all plant on site shall have exhausts fitted as specified by the manufacturer to prevent dust, speed controls shall apply to be agreed with the Local Planning Authority and screening mounds shall be seeded to grass at the earliest opportunity in order to prevent windblown material occurring, as specified in Para 2.8.15 of Volume 2 of the Environmental Impact Assessment.

Reason: To ensure that material is not released into the air or deposited upon the highway in the interest of local amenity and highway safety.

24 Efficient means shall be used for cleaning all vehicles leaving the site (with the exception of cars ), maintained for the life of operations and used to ensure that no mud, sand or other material from the site is deposited upon the public highway.

Reason: To prevent the vehicles carrying material from the site onto the public highway in the interests of highway safety, in accordance with Policies 1 and 4 of the Minerals and Waste Local Plan.

25 All vehicles used to transport mineral from the site onto the public highway shall be sheeted so as to not deposit any mineral upon the highway.

Reason: To ensure that material is not released into the air or deposited upon the highway in the interest of local amenity and highway safety.

STRIPPING, STORAGE AND USE OF SOILS AND OVERBURDEN

26 All soil handling operations shall be carried out in accordance with the Good Practice Guide for Handling Soils issued by DEFRA (now Natural England) as specified in Paras 1.4.5 and 2.9.4 of Volume 2 and the Dixon Webb soils handling recommendations dated June 2006 and included in Volume 3

Appendices all contained within the submitted Environmental Impact Assessment. Prior to the commencement of soil stripping in each of the working phases, details of the precise methodology from the guide to be used in the stripping, storage and replacement of soils and overburden on that phase shall be submitted to the Local Planning Authority for approval. When approved, the methodology shall be implemented in its entirety for each phase of the development.

Reason: To ensure that the handling of soils conforms to best practice.

27 At least 48 hours prior notice shall be given to the Local Planning Authority of the commencement and estimated duration of each phase of the soil stripping and replacement operations. If the boundary of the area to be stripped is not marked by identifiable features it shall be clearly marked with suitable pegs.

Reason: To allow the Local Planning Authority to monitor the soil handling operations.

28 All topsoil, subsoil, soil-making material and other overburden which has been stripped or removed shall be stacked separately, in accordance with Drawings HIG 5,6 and 7 as shown in Volumes 1 and 2 of the Environmental Impact Assessment, prevented from mixing and located a minimum 5.om distance from the canopy spread of mature tree. No topsoil or subsoil shall be removed from the site.

Reason: To secure the satisfactory storage and retention of overburden and soils for restoration.

29 The maximum height of any topsoil or subsoil mound shall be 2 metres and 3 metres, respectively. All mounds used for the storage of soils ( and other restoration materials ) shall be positioned a minimum 5.0m distance from the canopy spread of adjacent mature trees and shall be sown down to grass in the first available sowing season after their formation.

Reason: To secure the satisfactory storage of soils and overburden for restoration without damage to mature trees and to reduce soil erosion and provide grass cover in the interests of pollution control, soil conservation and residential amenity, in accordance with Policies 4, 7 and 21 of the Minerals and Waste Local Plan.

30 The stripping, movement and respreading of soils shall be restricted to occasions when the soil is in a suitably dry and friable condition and the ground is sufficiently dry to allow passage of heavy vehicles and machinery over it without damage to the soils and the topsoil can be separated from the subsoil without difficulty.

Reason: To prevent any avoidable damage to the structure of the soils to enable the site to be satisfactorily restored, in accordance with Policy 21 of the Minerals and Waste Local Plan.

CONTROL OF WEEDS

31 All non-cropped areas of the site and all topsoil, subsoil and overburden stacks

shall be kept free from noxious agricultural weeds and all necessary steps shall be taken to destroy such weeds at early stages of growth to prevent seeding.

Reason: To properly manage the site and to prevent the spread of weeds onto adjacent land.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

32 Throughout the period of working, restoration and aftercare, the operator shall protect and support any ditch, watercourse or culvert passing through the permission area, or satisfactorily divert it and shall not impair the flow or render less effective drainage onto and from land adjoining.

Reason To safeguard local watercourses and drainages and avoid flooding.

33 Throughout the period of working and restoration, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved operations.

Reason: To avoid the pollution of any watercourse or ground water resource.

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

Reason: To avoid the pollution of any watercourse or ground water resource.

CARE OF BOUNDARIES, HEDGES AND WALLS

35 The operator shall maintain and make stockproof all the existing hedges, fences and walls, including gates, around the perimeter of the workings until the completion of the aftercare period.

Reason: To secure the proper management of undisturbed enclosures on the site and to ensure that stock do not enter the working areas.

REPLACEMENT OF HEDGES AND WALLS

36 Hedges, walls, fences, gates and stiles if damaged or destroyed in the course of the approved operations shall be repaired or restored on their original lines or replaced on such lines as may be agreed by the Local Planning Authority.

Reason: To ensure the proper management of undisturbed enclosures on the site and

to ensure stock do not enter the working areas.

CARE OF MATURE TREES

37 All existing mature trees situated on the ridge top lane are to be protected by temporary fencing during the phased excavation and restoration of the application site. The location of the fencing is to follow the outer edge of the canopy spread of the trees to ensure the protection of the root spread from damage or soil compaction during the works.

Reason: To safeguard the health and condition of the mature trees along the ridge top.

RESTORATION AND AFTERCARE

38 The site shall be restored to the landform and made suitable for the afteruse shown in the Drawing HIG 109 Restoration Proposals.

Reason: To secure the proper restoration of the site for the approved afteruses, in accordance with Policy R47 of the Structure Plan and Policy 21 of the Minerals and Waste Local Plan.

39 Within twelve months of the date of this permission, an aftercare management scheme for the areas to be restored to agriculture, under the provisions of the Section 72(5) of the Town and Country Planning Act 1990, shall be submitted to and for the approval of the Local Planning Authority. The scheme shall include details of drainage proposals, field water supplies, cropping, weed control measures, secondary cultivation treatments, soil analysis and ongoing soils treatment covering seeding, fertilising and grass utilisation. The aftercare requirements shall be carried out for a period of five years from the completion of restoration operations in each phase.

Reason: To reserve for subsequent approval details relevant to the permitted development not submitted with the planning application and to secure the proper restoration and aftercare of the restored land, in accordance with Policy R47 of the Structure Plan and Policies 21 and 22 of the Minerals and Waste Local Plan.

40 At least once each year during the aftercare period there shall be a formal review, under the provisions of the Section 72(5) of the Town and Country Planning Act 1990, to consider the operations which have taken place on each restored phase and to agree a programme of management for the coming year which shall be adhered to by the mineral operator. The parties to be invited to attend this review shall be agreed in advance with the Local Planning Authority. At least 2 weeks before the date of each review the operator shall provide all people attending the meeting with a record of the management and operations carried out on each phase during the period covered by the review and a proposed programme of management for the coming year.

Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible, in accordance with Policy R47 of the Structure Plan and Policy 22 of the Minerals and Waste Local Plan..