Planning & Sustainability

DEVELOPMENT CONTROL AND REGULATION COMMITTEE 27 March 2013 A Report by the Assistant Director - Planning & Sustainability ______

Application No: 2/12/9013 & 2/12/9015 District: Allerdale

Applicant: Mr D A Harrison Parish: Holme Abbey Parish Council Waverton Nr Wigton Received: 31 October 2012

PROPOSAL: Section 73 Application to vary condition 1 of Planning Consent 2/08/9017 to extend time limit for operation of concrete batching plant and the restoration of the site (Ref. 2/12/9013)

Aldoth Quarry & Landfill Site, Aldoth, Abbeytown, Silloth, Wigton

Section 73 Application to vary condition 2 of Planning Consent 2/08/9016 to extend time limit for use for aggregate processing and the restoration of the site (Ref. 2/12/9015)

Dixon Hill Quarry, Aldoth, Abbeytown, Silloth, Wigton, CA7 4NB ______

1.0 RECOMMENDATION

1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendices 2 and 3.

2.0 THE PROPOSAL

2.1 The proposal is to allow time extensions to both Dixon Hill Quarry and Aldoth Quarry until 2022. The first application (2/12/9013) is to vary condition no 1 of planning permission 2/08/9017 to extend the time limit for operation of the concrete batching plant and the restoration of the site. The second application (2/12/9015) is to extend the time limit for the use for aggregate processing and the restoration of the site.

2.2 Aldoth Quarry and Dixon Hill Quarry are adjacent to each other. Access to Dixon Hill Quarry can only be achieved by access arrangements from Aldoth Quarry. Reserves of sand and gravel at Aldoth Quarry were worked out many years ago and it has also been used as a landfill site for around 25 years until its closure in 2009. North of the main landfill area is a concrete batching plant that produces ready mix concrete for local customers. The landfilled area has now been capped and is restored to agriculture there is a gas control system which periodically flares gas when sufficient is accumulated.

2.3 Initially Aldoth Quarry was used for the extraction of sand. When this was worked out, an extension was approved at Dixon Hill Quarry which in turn has also been worked out. Sand extraction is currently from High House Quarry which is 1.9 km north west of Dixon Hill/Aldoth Quarry. All processing of material takes place at Dixon Hill Quarry.

2.4 On completion of sand extraction at Aldoth the majority of the site was landfilled and restored. However a small area to the north east of the site contains the operational concrete batching plant and associated machinery. This area remains to be capped and restored. Dixon Hill is currently used for sand and aggregate processing with a portable washing and screening plant to augment the facilities at High House.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Allerdale Borough Council – No objections.

3.2 Highway Authority – Subject to the works proposed on the U2046 being completed as agreed, I have no objection to the extension of time.

3.3 Environment Agency – No objection to the proposal to extend the time limit for the operation of the concrete batching plant and the restoration of the site. We would prefer the site to reach final restoration with capping and gas system completed as soon as practicable.

3.4 The local Member - Mr AJ Markley has been notified.

3.5 Holme Abbey Parish Council – Have been consulted on the application.

3.6 Two letters of representation have been received. Both are concerned with levels of traffic on the highway and the state of the highway through the village of Abbeytown.

4.0 PLANNING ASSESSMENT

History

4.1 D. A. Harrison is a long established Cumbrian firm whose main office is in Waverton, Wigton. The Company has a diverse range of business interests including storage, haulage, sand, gravel and aggregates, ready mix concrete, skip hire and waste recovery. They operate from a number of sites between Wigton and Silloth. They currently employ around 130 people as well as numerous indirect jobs for contractors and other specialist services.

4.2 The site has a history of working from the early part of the 1970’s. Firstly for the removal of sand and gravel and then in the late 1970’s part of the site was used as a landfill site. The landfill site closed in around 2009 due to the changes in Waste Management Licences and has since been restored. A concrete batching plant has been on site since 1977.

4.3 The batching plant has been run on a number of temporary permissions. The last permission was in 2008 which required this to expire on 31 December 2012 and the site to be fully restored by 31 December 2013. The aggregate storage and processing area expires on 31 December 2013.

4.4 The 2008 application for the batching plant was granted temporary time consent to allow the applicant to find an alternative site. Alternative sites in the north of the County are few and far between due to the lack of available industrial land in a predominately rural area. An alternative site was identified at Moota however a major constraint to this site is the cost of a new access onto A595 and the transferring of plant and machinery to the site as well as access to the market in which they currently serve. The Moota site would be less sustainable as this would increase the companies road miles.

Policy

4.5 The scheme has been considered against and is compliant with the Cumbria Minerals and Waste Development Framework Core Strategy and Development Control Policies, National Planning Policy Framework and Allerdale Local Plan.

4.6 The scheme complies with the Cumbria Minerals and Waste Development Framework Core Strategy Policy CS 1 – Sustainable location and design as the scheme reduces road miles, Policy CS 5 – Restoration and Aftercare, the proposal includes a comprehensive restoration and aftercare scheme which would enhance the area. Policy CS 13 - Supply of Minerals, minerals need to be worked where they are found. Generic Development Control Policies DC1 – Traffic and Transport reducing minerals road miles, the site is located well to its customer demand and is close to strategic road networks. Policy DC2 – General Criteria demonstrating noise levels, blast vibration and air over pressure, the site is located close to residential properties which are in the ownership of the applicant. Policy DC 16 – Aftercare and restoration, a comprehensive aftercare and restoration scheme has been submitted.

4.7 National Planning Policy Framework supports the need to work minerals as these are essential to support sustainable economic growth and our quality of life. It is important to maintain a sufficient supply of minerals.

4.8 The proposal also complies with Allerdale Local Plan policies EN 10 - Restoration and aftercare as a comprehensive scheme has been included.

Time Limit

4.9 It is proposed to extend the life of the operations at Dixon Hill and Aldoth Quarries to 31 March 2022 which would coinside with the operations at High House Quarry where the material for the use in Aldoth and Dixon Hill Quarries is sought. This would bring the operations in line with each other. The close proximity of the workings of High House Quarry and Aldoth/Dixon Hill does reduce minerals and waste road miles by having the facilities close to each other.

Highways

4.10 The site is accessed from C2009 Abbeytown to Aikshaw road this links the B5302 (Wigton to Silloth) and B5301 (Aspatria to Silloth) roads. This is a local road used by many forms of traffic accessing different establishments along the route.

4.11 The majority of site traffic accessing the site is from the east (Abbeytown direction) as the majority of the material required is for jobs to the east of the County.

4.12 Concern has been raised by two local residents with regards to HGV’s using the highway and the state of the road and verges. This is a “C” class road which means it has a lower traffic density to A and B Class roads. However it doesn’t make it any less popular than B Class roads. The road is wide enough for two cars to pass. However, the passing of HGV’s and farm vehicles can be quite tight and they sometimes need to pull in to the available passing places to allow each other to safely pass. The road serves numerous farmsteads thereby a vast number of farm vehicles use the road on an uncontrolled basis. Whereas the operations at Aldoth Quarry and Dixon Hill are controlled under an appropriately worded condition. The road is fairly straight and has good visibility. One section 1.8 km in length and is in a straight line thereby larger vehicles can see each other and have adequate time to pull in and make way for each other to pass safely.

4.13 The road is limited to 30 mph in Abbeytown once out of Abbeytown it is a national speed limit. As with all roads some wear and tear has taken place over time and the road has started to narrow with the build up of debris on the side of the road.

4.14 The applicant has been in negotiations with the Highway Authority who originally objected to the extension and recommended refusal of the scheme. Since this time the applicant has been in consultation with the Highway Authority to resolve the matter and has agreed to carry out road improvements which include the re- surfacing of the U2046 (road between High House and Aldoth Quarries). The Highway Authority have confirmed that they have agreed to these works and have removed their original objection to the extension of time. They recommend an appropriately worded condition be imposed on the granting of any planning

permission to ensure these works are carried out in accordance with the agreement.

4.15 In monitoring the road for vehicles over a two hour period there were only two wagons that passed which were visiting the Quarry. The other vehicles were cars, fuel delivery wagons and farm vehicles which cannot be controlled under this planning application.

Vehicle Movements

4.16 There is a condition imposed which only allows 30 HGV’s on weekdays and 15 on Saturdays. The site operates for 11 hours per day, this equates to 2.7 vehicle movements per hour on a weekday and 2.1 vehicle movements on a Saturday. This condition would remain insitu to ensure the site is controlled in an appropriate manner.

4.17 Traffic movements relate solely from the Dixon Hill site as there is no vehicular access from the Aldoth Site onto the public highway.

Hours of Working

4.18 It is proposed to operate under the existing operating hours which are 07.00 to 18.00 hours Monday to Friday and 07.00 to 14.00 on Saturdays with no workings on Sundays or Bank or Public Holidays. An appropriately worded condition would be imposed on the granting of any planning permission.

Landscape and Visual Impact

4.19 The site is well shielded by the surround contours and landscape. The visual impact of the site within the area is negligible as the area has been extensively worked for sand over the years.

Ecology

4.20 The site is located 5.2 km east of Upper Solway Flats and Marshes RAMSAR Site, SSSI and the Solway Firth SAC. The site is not visible from these designated areas. The site lies outside the Solway Firth Coastal Protection Zone. The site does lie between two area’s of UK Priority Habitat being Coastal and Floodplain Grazing Marsh. The site is neither a County Wildlife Site or a Site of Local Wildlife Interest.

4.21 It is proposed on completion that Dixon Hill would be restored to meadow grassland with set aside verges of taller meadow grassland, native woodland, scrub and pond with island, marginal aquatic vegetation and peripheral native wet woodland. Aldoth Quarry would be restored to native woodland, scrub with the landfilled profile returning to agricultural land.

4.22 There is currently a wetland pond at the entrance to the site which has a rich wildlife habitat. This pond is to remain as part of the restoration scheme.

Archaeological Interest

4.23 The landscape is greatly influenced by the presence of the Anglo Scottish border and contains number of medieval fortified sites including tower houses. Cropmark sites of Prehistoric and Romano-British settlements are also found. Other archaeological and historical interest in the landscape includes Hadrian’s Wall.

4.24 There are a number of archaeological important features close to the site, there are no archaeological features on the working areas.

Noise and Dust

4.25 Because of the nature of activities within the site it is inevitable that dust does arises from time to time. At times of dry weather the working areas, haul roads and plant area and stockpiling areas shall be dampened down to ensure it does not constitute a nuisance outside the site. . An appropriately worded condition would be imposed to ensure this is maintained on the granting of any planning permission.

4.26 Noise would be controlled under an appropriately worded condition to ensure that the equivalent continuous noise level (1 hour LAeq) attributable shall not exceed 50 dB(A) at the nearest noise sensitive houses. The nearest noise sensitive dwelling is 308 m to the north of the site. An appropriately worded condition would be imposed to ensure this is maintained on the granting of any planning permission.

Employment

4.27 D A Harrison currently employ around 130 local people on top of this figure there are also a number of indirect jobs for contractors and other specialist services. They are one of the major employers in the area. Should planning permission be granted they would be able to main the level of employment in this rural location.

Restoration and Aftercare

4.28 A comprehensive restoration and aftercare scheme has been submitted proposing the site would be restored to meadow grassland with verges of taller meadow grassland, native woodland, scrub and a pond with island, marginal aquatic vegetation and peripheral native wet woodland.

4.29 The site would be restored over 5 phases. Phase One would restore the northern part of Dixon Hill which would include 9,010 m² of meadow grassland, 4,991 m² of native woodland and 1,138 m² of taller meadow grassland. Phase One of the Aldoth site includes 639 m² of native woodland and 763 m² of meadow grassland of the eastern part of the site.

4.30 Phase Two of Dixon Hill includes 3,734 m² of native scrub planting, establishment of 13,229 m² of meadow grassland and 1,852 m² of margins of taller meadow grassland. Phase two of Aldoth would include the placement of material and regarding of the northern slopes close to the site entrance, short diversion of the site access and the relocation of the site office. 1,520 m² of native woodland would be created and 687 m² of meadow grassland.

4.31 Phase Three of Dixon Hill the western parts would be graded and restored to 2,685 m² of native scrub planting and 4,689 m² of meadow grassland the central part of the site would remain as operational development. Phase Three of Aldoth would include the capping, infilling and regarding of the northern slopes of the concrete plant this would include the relocation of the water tower. 4,253 m² of native woodland and 782 m² of meadow grassland.

4.32 Phase Four of Dixon Hill would cease and final restoration would commence. 18,652 m² would be restored to meadow grassland, 7,580 m² of pond with marginal aquatics, 1,012 m² of native wet woodland and 483 m² of native scrub. Phase Four of Aldoth would see the eastern facing slopes and the access to Dixon Hill infilled, graded and restored. 3,744 m² would be agricultural land, 5,581 m² of native woodland and 611 m² of meadow grassland.

4.33 Phase Five the Aldoth site would be fully restored and reprofilled to the appropriate landform. Phase Five of Dixon Hill would see 7,169 m² of meadow grassland and 1,774 m² of native scrub the site reprofilled and returned to agricultural land.

4.34 Upon completion of the site a five year aftercare scheme would be implemented with regular annual meetings to ensure the planting is successful and any parts which are require to replaced are done so correctly.

Concerns of Local Residents

4.35 Two residents who live along the C2009 have raised concern with regards to the number of vehicles using the highway and the state of the highway through the village. The first part of the highway when leaving the B5302 (Wigton to Silloth road) is occupied by a number of properties and a farmstead. Parts of the road surface and verge around here do have wear and tear on them this is mainly due to farm vehicles accessing the farm stead which the Planning Authority have no control over how many vehicles use the road or their hours of working.

4.36 Whilst I appreciate the concerns of the local residents and the state of the highway is of concern D A Harrisons cannot be held solely responsible for the deterioration of the highway in light of the high volumes of farm vehicles and other delivery vehicles accessing the properties along the highway. The approval of any planning permission can control the number of vehicles which access the site and therefore they can take the necessary steps to ensure that vehicles movements can adequately be controlled. An appropriately worded condition is proposed which restricts the number of HGV’s on the highway.

Human Rights Act 1998

4.37 The proposal will have a limited impact on the visual, residential and environmental 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

4.38 The proposed scheme would allow the continued working of a valuable resource within the County and provide secure employment for 130 people. The concerns raised by local residents regarding the impacts on the highway can be mitigated against and controlled by the conditions.

4.39 I recommend that planning permission is granted subject to appropriately worded conditions being imposed on the granting of any planning permission.

Paul Feehily Assistant Director - Planning & Sustainability

Contact

Mrs Jayne Petersen, Kendal, Tel: 01539 713549, Email: [email protected]

Background Papers

Planning Application File Reference No. 2/12/9013

Electoral Division Identification

Solway Coast ED - Mr AJ Markley

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Appendix 1 Ref No. 2/12/9013 & 2/12/9015 Development Control and Regulation Committee - 27 March 2013

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

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 MINERALS AND WASTE DEVELOPMENT FRAMEWORK [CMWDF] Core Strategy and Generic Development Control Policies 2009-2020 (Adopted April 2009)

CS 1 – Sustainable Location and Design

Proposals for minerals and waste management developments should demonstrate that :-

- energy management, environmental performance and carbon reduction have been determining design factors. - their location will minimise, as far as is practicable, the "minerals or waste road miles" involved in supplying the minerals or managing the wastes unless other environmental/sustainability and, for minerals, geological considerations override this aim. - all proposed waste management developments with gross floor space of over 1000 square metres gain at least 10% of energy supply, annually or over the design life of the development, from decentralised and renewable or low carbon energy supplies. Any exceptions to this should demonstrate that this would not be feasible or viable for the specific development and that the development would form part of an integrated process for reducing greenhouse gas emissions or for carbon-offsetting measures. - where appropriate, the restoration proposals have a role in helping to combat climate change. - mineral working proposals should demonstrate a life cycle ("cradle to grave") analysis of product and process carbon emissions. - construction of buildings minimises waste production and use of primary aggregates and makes best use of products made from recycled/re-used materials.

Work will be undertaken, in conjunction with stakeholders, to develop life cycle analysis criteria that are relevant for minerals developments.

Policy CS 4 – Environmental Assets

Minerals and waste management developments should aim to:

- protect, maintain and enhance overall quality of life and the natural, historic and other distinctive features that contribute to the environment of Cumbria and to the character of its landscapes and places. - improve the settings of the features, - improve the linkages between them and buffer zones around them, where this is appropriate; - realise the opportunities for expanding and increasing environmental resources, including adapting and mitigating for climate change.

Areas and features identified to be of international or national importance.

Planning application proposals within these, or that could affect them, must demonstrate that they comply with the relevant national policies as set out in Planning Policy Statements. Wherever practicable, they should also demonstrate that they would enhance the environmental assets.

Environmental assets not protected by national or European legislation

Planning permission will not be granted for development that would have an unacceptable impact on these environmental assets, on its own or in combination with other developments, unless:-

- it is demonstrated that there is an overriding need for the development, and - that it cannot reasonably be located on any alternative site that would result in less or no harm, and then, - that the effects can be adequately mitigated, or if not, - that the effects can be adequately and realistically compensated for through offsetting actions.

All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria's environmental assets.

Guidance on implementing parts of this policy will be provided by the Landscape Character and Highway Design Guidance Documents and by the Cumbria Biodiversity Evidence Base.

Policy CS 5 – Restoration and Aftercare

Restoration and aftercare schemes for mineral working and waste management sites should demonstrate that best practicable measures have been taken to secure full advantage of their potential to help deliver sustainability objectives relating to the environment and the economy of the county.

Policy CS 13 – Supply of Mineral

Provision will be made to:-

- meet the Regional Spatial Strategy's apportionment to Cumbria of primary land won crushed rock and sand and gravel production, but - further apply that apportionment to take account of Cumbria's pattern of quarries and the areas they supply, and its dispersed settlement pattern and transport routes; - identify areas sufficient to maintain landbanks of permitted reserves for supply areas equivalent to at least seven years sales (using the rolling three-year annual average sales figure) for sand and gravel and at least ten years for crushed rock for general aggregate use, throughout the plan period, and - recognise that the high and very high specification roadstone quarries, gypsum resources and High Greenscoe brick making mudstone quarry are regionally or nationally important, - identify sites for the facilities that will be required to enable at least one quarter of the aggregates used within Cumbria to be met by secondary or recycled aggregates.

Policy DC 1 – Traffic and Transport

Proposals for minerals and waste developments should be located where they : a. are well related to the strategic route network as defined in the Local Transport Plan, and/or b. have potential for rail or sea transport and sustainable travel to work, and c. are located to minimise operational "minerals and waste road miles".

Mineral developments that are not located as above may be permitted if:

- they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users and on community amenity, - where an appropriate standard of access and traffic routing can be provided, and - appropriate mitigation measures for unavoidable impacts are provided.

Policy DC 2 – General Criteria

Minerals and Waste proposals must, where appropriate, demonstrate that: a. noise levels, blast vibration and air over-pressure levels would be within acceptable limits, b. there will be no significant degradation of air quality (from dust and emissions), c. public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, d. carbon emissions from buildings, plant and transport have been minimised, e. issues of ground stability have been addressed.

Considerations will include: - the proximity of sensitive receptors, including impacts on surrounding land uses, and protected species, - how residual and/or mineral wastes will be managed, the extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening, - the use of appropriate and well maintained and managed equipment, - phasing and duration of working, - progressive restoration, - hours of operations, - appropriate routes and volumes of traffic, and - other mitigation measures.

Policy DC 16 – Restoration and Aftercare

Proposals for minerals extraction, or for temporary waste facilities such as landfill, should be accompanied by detailed proposals for restoration including proposals for appropriate afteruse, financial provision and long term management where necessary. Restoration and enhancement measures should maximise their contributions to national, regional and local biodiversity objectives and targets. In all cases restoration schemes must demonstrate that the land is stable and that the risk of future collapse of any mineworkings has been minimised.

After-uses that enhance biodiversity and the environment, conserve soil resources, conserve and enhance the historic environment, increase public access, minimise the impacts of global warming, and are appropriate for the landscape character of the area will be encouraged. These could include: nature conservation, agriculture, leisure and recreation, and woodland,

Where sites accord with other policies, an alternative or mixed afteruse that would support long term management, farm diversification, renewable energy schemes, tourism, or employment land may be acceptable.

All proposals must demonstrate that: a. for agricultural, forestry and amenity afteruses there is an aftercare management programme of at least 5 years, but longer where required to ensure that the restoration scheme is established, b. the restoration is appropriate for the landscape character and wildlife interest of the area, and measures to protect, restore and enhance biodiversity and geodiversity conservation features are practical, of a high quality appropriate to the area and secure their long term safeguarding and maintenance, c. restoration will be completed within a reasonable timescale and is progressive as far as practicable, d. provision for the likely financial and material budgets for the agreed restoration, aftercare and afteruse will be made during the operational life of the site. e. restoration will be undertaken using industry best practice.

Peat workings should be restored to peat regeneration wherever possible.

National Planning Policy Framework

Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long term conservation.

When determining planning applications, local authorities should :

- give weight to the benefits of mineral extraction including to the economy - ensure in granting planning permission for mineral development that there are no unacceptable adverse impacts on the nautral and historic environment, human health or aviation safety and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of site in a locality - provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards through the application of appropriate conditions where necessary.

Minerals Planning Authorities are expected to ensure that plan proposals do not have an unacceptable adverse effect on the natural or historic environment or human health. Residents living close to mineral workings may be exposed to a number of environmental effects and particular care should be taken in respect of any conditions they attached to a grant of permission for working in proximity to communities.

Allerdale Local Plan 1999

Policy EN10 – Restoration and Aftercare

Where development which is potentially contaminating or which could cause dereliction is considered acceptable the Council will impose conditions on any approval to secure the restoration of the site to an acceptable standard should the approved use cease.

3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 2/12/9013 Development Control and Regulation Committee – 27 March 2013

PLANNING APPLICATION 2/12/9013 - SCHEDULE OF CONDITIONS

DIXON HILL QUARRY, ALDOTH

APPROVED DOCUMENTS

1. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The submitted Application Form - dated 29 October 2012 b. Planning Statement – dated October 2012 c. Plans numbered : Figure 1 – Site location plan Figure 2 – Existing site – Drawing No ALD/02 Figure 3 – End of Phase 1 – Drawing No ALD/03 Figure 4 – End of Phase 2 – Drawing No ALD/04 Figure 5 – End of Phase 3 – Drawing No ALD/05 Figure 6 – End of Phase 4 – Drawing No ALD/06 Figure 7 – End of Phase 5 – Drawing No ALD/07 Figure 8 – Final Restoration – Drawing No ALD 08 d. The details or schemes approved in relation to conditions attached to this permission. e. This Decision Notice

Reason: To avoid confusion as to what comprises the approved scheme and ensure the development is carried out to an approved appropriate standard.

TIME LIMITS

2. This permission shall be for a limited period only expiring on 31 March 2022, by which date the operations hereby permitted shall have ceased, all plant and machinery, including any 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.

HOURS OF OPERATION

3. No operations, including the accessing of vehicles to the site, loading or transportation of minerals or operation of quarry plant, shall take place on site outside the following hours:

07.00 to 18.00 hours Mondays to Fridays 07.00 to 14.00 hours on Saturdays.

No operations 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 safeguard the amenity of local residents and adjacent properties..

ACCESS AND TRAFFIC

4. There shall be no vehicular access to or egress from the site other than via the approved access through the Aldoth Landfill Site.

Reason: In the interests of highway safety and local amenity.

5. The total number of laden heavy good vehicles leaving the site, including those transporting ready mixed concrete, shall not exceed 30 on any weekday and 15 on Saturdays. A record of all laden heavy goods vehicles leaving the site shall be maintained by the operator and access to this record shall be offered to the Local Planning Authority on request.

Reason: To keep to acceptable levels the impact of lorry traffic on the amenity of local residents.

CONTROL OF NOISE AND DUST

6. 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 and adjacent properties.

7. The equivalent continuous noise level (1 hour LAeq) attributable to the proposed activity shall not exceed 50 dB(A) at the nearest houses.

Reason: To safeguard the amenity of local residents and adjacent properties.

8. A water bowser or other dust suppression system shall be available and during periods of dry weather shall spray the haul roads, working areas, plant area and stockpiling areas with water to satisfactorily suppress dust in order that it does not constitute a nuisance outside the site.

Reason: To safeguard the amenity of local residents and adjacent properties.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

9. Throughout the period of working, restoration and aftercare, any ditch, watercourse or culvert passing through the permission area shall be protected and supported or satisfactorily diverted and the flow of drainage onto and from land adjoining shall not be impaired or rendered less effective.

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or ground water resource.

10. Provision shall be made for the collection, sampling, 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 or groundwater by the approved operations. Any pumping of water to any drain (whether culverted or open) must be preceded by a report to demonstrate that the drain can accept the flow without causing any flooding/land drainage problems and that the discharge has not been contaminated by any leachate migrating from the adjoining Aldoth Landfill Site or other contaminants.

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or ground water resource.

11. Any chemical, oil or diesel storage tanks on the site shall either be sited on impervious bases and surrounded by impervious bund walls; (the bunded areas shall be capable of containing 110% of the largest tank's volume and should enclose all fill and drawpipes), or shall be of a double skinned construction of a design agreed by the Local Planning Authority prior to installation..

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or ground water resource.

STRIPPING, STORAGE AND USE OF SOILS AND OVERBURDEN

12. The Local Planning Authority shall be given 48 hours notice prior to the commencement of 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, at the appropriate time and to determine the date of commencement of the aftercare period.

13. All available soil shall be stripped from any part of the site before it is excavated or is traversed by heavy vehicles or machinery (except for the purposes of stripping that part or stacking topsoil on that part).

Reason: To ensure the proper removal, storage and replacement of soil application in accordance withsaved MWLP Policy 21.

14. The stripping, movement and respreading of soils shall be restricted to occasions when the soil is in a suitable 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 ensure the proper removal, storage and replacement of soil application.

15. The maximum height of any soil mound shall be five metres.

Reason: To ensure the proper removal, storage and replacement of soils application.

16. All soil shall be retained on the site and none shall be sold off or removed from the site. After stripping and formation of each section of the storage mound the quantities shall be measured and the volumes and locations shall be provided to the Local Planning Authority on request.

Reason: To ensure the proper removal, storage and replacement of soils application in accordance with saved MWLP Policy 21.

17. The soil storage mounds shall be sown down to grass in the first available planting season after their construction.

Reason: To ensure the proper removal, storage and replacement of soils.

CONTROL OF WEEDS

18. 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 by preventing the spread of weeds onto adjacent land.

CARE OF BOUNDARIES, HEDGES AND WALLS

19. All existing hedges, fences and walls including gates around the perimeter of the workings shall be maintained and made stockproof, throughout the period of operations until the restoration and aftercare of the site has been completed. Where an operational boundary does not coincide with an existing stockproof hedge or fence stockproof fencing with gates or cattle grids at every opening shall be provided prior to the commencement of working in the part of the site, and shall thereafter be maintained until that part of the site is fully restored. Undisturbed hedgerows shall be maintained, cut and trimmed at the proper season throughout the period of working and restoration of the site.

Reason: To safeguard the occupation of adjoining land.

REPLACEMENT OF HEDGES AND WALLS

20. 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 in writing 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

RESTORATION AND AFTERCARE

21. Overburden shall be so replaced and graded as to ensure that the site will, after replacement of the soils be in accordance with the approved scheme.

Reason: To secure the proper restoration of the site following the sought period for mineral extraction.

22. No later than 31 March 2014 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 approved in writing by 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 proposed tree and shrub planting, including layout, ground preparation, numbers and distribution of species, size of plants, spacing, method of planting, fencing and other protective measures shall be submitted. 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.

23. 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 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 include the site operator, the Local Planning Authority, owners and occupiers of the land, and the Department of the Environment, Food and Rural Affairs. At least 4 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 in accordance with saved MWLP Policy 21.

TREE AND HEDGE PLANTING

24. The tree and shrub planting required by the approved restoration scheme shall be implemented on a phased basis with planting taking place within the first available planting season following the restoration of the land to the approved contours.

Reason: To secure the satisfactory establishment of the hedge and tree planting in the interests of amenity.

25. 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 seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed by the Local Planning Authority.

Reason: To secure the satisfactory establishment of the hedge and tree planting in the interests of amenity.

26. From the commencement of the development to its completion a copy of this permission including the approved documents and other documents subsequently approved in accordance with this permission, shall always be available on the Aldoth Site 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 operatives are conversant with the approved scheme and are aware of the requirements of the planning permission.

Appendix 3 Ref No. 2/12/9015 Development Control and Regulation Committee – 27 March 2013

PLANNING APPLICATION 2/12/9015 - SCHEDULE OF CONDITIONS

ALDOTH QUARRY AND LANDFILL SITE, ABBEYTOWN, WIGTON, CUMBRIA

APPROVED DOCUMENTS

1. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

Reason : To avoid confusion as to what comprises the approved scheme and ensure the development is carried out to an approved appropriate standard.

Time Limit

2. This permission shall be for a limited period only expiring on 31 March 2022 for the concrete batching plant and by 31 March 2023 the restoration of the site shall have been completed. By the latter date all associated 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: As proposed in the planning application and to secure the proper restoration of the site following the approved period for these temporary developments in accordance with Cumbria Minerals and Waste Development Framework Policy DC 16.

Hours of Operation

3. No operations, including the accessing of vehicles to the site, loading or transportation of minerals or operation of quarry plant, shall take place on site outside the following hours :

0700 to 1800 hours Mondays to Fridays 0700 to 1400 hours on Saturdays

No operations shall take place on Sundays or on Public Holidays.

This condition shall not 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 safeguard local amenity.

Access and Traffic

4. There shall be no vehicular access to or egress from the site other than via the approved access from Dixon Hill. The total number of laden heavy good vehicles leaving Dixon Hill access shall not exceed 30 on any weekday and 15 on Saturdays.

Reason: In the interests of highway safety and local amenity.

5. The access road from the weighbridge to the public highway shall be kept clean and maintained in a good standard of repair, free of potholes for the life of the operations.

Reason: In the interests of highway safety and local amenity.

6. No vehicle shall leave the site unless it is in clean condition so as not to deposit material on the highway.

Reason: In the interests of highway safety and local amenity.

7. No further extraction of material shall take place until the U2046 between High House Quarry and Aldoth Quarry is completed and agreed in writing with the Local Planning Authority.

Reason: In the interests of highway safety and local amenity.

Noise

8. All plant, machinery and vehicles used on site shall be fitted with effective silencers and engine insulation and maintained in accordance with manufacturer’s instructions so as to minimise the level of noise generated by their operation.

Reason: In the interests of local amenity.

9. The equivalent continuous noise level (1 hour LAeq) attributable to the approved activities shall not exceed 50 dB(A) at the nearest houses.

Reason: In the interests of local amenity.

Dust

10. The operator shall maintain on site at all times a water bowser or other dust suppression system and during periods of dry weather shall spray the haul roads, site access and working areas with water to satisfactorily suppress dust in order that it does not constitute a nuisance outside the site.

Reason: To safeguard local amenity.

Lights

11. All artificial lighting units shall be so sited and shielded as to be incapable of direct sight from any residential property outside the site.

Reason: In the interests of local amenity.

Safeguarding of Watercourses and Drainage

12. Throughout the period of working, restoration and aftercare, the developer 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, to avoid the pollution of any watercourse or ground water resource and to avoid flooding.

13. Provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including any increased flow from the land, to ensure that there shall be no pollution of watercourses or any flooding/land drainage problems caused by the approved operations.

Reason: To safeguard local watercourses and drainages, to avoid the pollution of any watercourse or ground water resource.

14. All chemical, oil or diesel storage tanks on the site shall be sited on impervious bases and surrounded by impervious bund walls; the bunded areas shall be capable of containing 110% of the largest tank’s volume and should enclose all fill and drawpipes.

Reason: To safeguard local watercourses and drainages, to avoid the pollution of any watercourse or ground water resource.

Stripping Storage and Use of Soils

15. The movement and respreading of soils shall be restricted to occasions when the soil is in a suitable 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 ensure the proper removal, storage and replacement of soils..

Care of Boundaries

16. All existing hedges, fences and gates around the perimeter of the site shall be maintained in a stockproof condition throughout the period of operations and until the restoration and aftercare of the site have been completed. Undisturbed hedgerows shall be maintained, cut and trimmed at the proper season throughout the period of operations and restoration of the site.

Reason: To safeguard the occupation of adjoining land.

Restoration and Aftercare

17. No later than 30 September 2014 a revised aftercare management scheme shall be submitted to and approved in writing by the Local Planning Authority. These schemes shall incorporate the use of a non rye grass seed mix, in order to help achieve the aims of the UK and Cumbria Biodiversity Action Plans. The aftercare requirements shall be carried out for a period of five years from the completion of restoration operations in each phase.

For the avoidance of doubt the period of aftercare shall be deemed to have commenced when the Local Planning Authority has agreed in writing that restoration in that phase has been carried out in accordance with the approved scheme.

Reason: To reserve for subsequent approval details relevant to the permitted development not submitted with the planning application and to secure the proper aftercare of the restored land.

18. In the event that operations cease prior to the full implementation of the approved scheme a revised scheme for the restoration of the site shall be submitted to the Local Planning Authority for approval within three months of the cessation, such a revised approved scheme shall be adhered to and the site restored within 12 months of the cessation of operations.

Reason: To secure the proper restoration of the site should operations cease prior to the full implementation of the scheme.

19. At least once each year 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 operator. The parties to be invited to attend this review shall include the operator, the Local Planning Authority and DEFRA. At least 4 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.

Tree and Hedge Planting

20. The tree and hedge planting required by the approved restoration scheme shall be implemented on a phased basis with planting taking place within the first available planting season following the restoration of the land to the approved contours.

Reason: To secure the satisfactory establishment of the hedge and tree planting in the interests of amenity.

21. Details of the proposed tree and hedgerow planting, including layout, ground preparation, numbers and distribution of species, size of plants, spacing, method of planting, fencing and other protective measures shall be submitted to and agreed by the Local Planning Authority prior to planting commencing.

Reason: To reserve for subsequent approval details relevant to the permitted development not submitted with the planning application.

22. 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 seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed in writing by the Local Planning Authority.

Reason: To secure the satisfactory establishment of the hedge and tree planting in the interests of amenity.

23. A copy of this permission including the approved documents and other documents subsequently approved in accordance with this permission, shall always be available on the Dixon Hill 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 operatives are conversant with the approved scheme and are aware of the requirements of the planning permission.