Planning Services COMMITTEE REPORT
APPLICATION DETAILS
1. MRA/4/1(1)), 2. CMA/4/47, 3. CMA/4/48, 4. CMA/4/49 APPLICATION NO: i) EF : MRA/4/1(1)) 1. Review of old mining permissions application for the determination of new planning conditions for working and restoration. 2. Extension to Cold Knuckle Quarry adjacent to Old Quarrington Quarry. 3. Variation of Condition 7 of Planning Permission No. FULL APPLICATION DESCRIPTION : 4/86/456CM to extend the period of mineral extraction until 3 July 2025. 4. Proposed re-establishment of secondary aggregate recycling facility, receiving suitable construction and demolition wastes for processing into secondary (recycled) aggregate.
NAME OF APPLICANT : Hepplewhite Quarries & Plant Hire Ltd. (for application 1) and Tarmac Ltd. (for applications 2, 3 and 4)
Old Quarrington and Cold Knuckle Quarry, near ADDRESS: Bowburn, DH6 5NN
ELECTORAL DIVISION : Coxhoe
Claire Teasdale Principal Planning Officer Strategic Team CASE OFFICER: Tel. 0191 383 4101 [email protected]
DESCRIPTION OF THE SITE AND PROPOSALS
Introduction
1 Old Quarrington Quarry near Bowburn is an active magnesian limestone and Permian sand quarry operated by Hepplewhite Quarries and Plant Hire Ltd, a joint venture company of Tarmac Ltd. and Lafarge. The quarry is located on the magensian limestone escarpment 1km to the east of Bowburn between the hamlet of Old Quarrington and Quarrington Hill. Cold Knuckles Quarry lies immediately to the south of Old Quarrington Quarry. It connects to Old Quarrington Quarry at its western end and occupies a prominent position on the escarpment. No working has taken place in Cold Knuckles Quarry for many years although adjacent land (the proposed extension) has been disturbed in recent years by a previous landowner. Through the current proposals the two quarries would be worked as one. Bridleway No. 34 Coxhoe Parish/35 Cassop Cum Quarrington Parish runs between the Old Quarrington and Cold Knuckles planning permission areas with an unregistered route below the Cold Knuckles permission area (referred to as the bottom route). There are a number of residential properties in the vicinity of the site, the closest being the Heather Lad Inn some 20m to the west of the permission boundary. The southern part of the planning permission area lies partly within Quarrington Hill and Coxhoe Bank Plantation Local Wildlife Site while the northern part includes part of the Cassop Vale Site of Special Scientific Interest (SSSI) containing ancient woodland.
2 Quarrying operations were first granted planning permission in 1952, and permissions granted since have allowed for Permian sand and magnesian limestone to be extracted in combination, although sand extraction is not permitted in the northern part of the larger permission area. A permission granted in 1987 provided for subsequent restoration of the excavation created in the southern part of Old Quarrington Quarry by backfilling with construction waste materials. The permitted area for mineral extraction at Old Quarrington and Cold Knuckles Quarries is some 81 hectares (200.15 acres) in total.
3 Magnesian Limestone (between 20 – 25m thick) overlies coarse grained basal ‘Yellow Sands’ sandstone of various depths below which are the middle coal measures. The quarrying consents are not yet worked to their full extent. Mineral extraction to date has taken place in the western and central parts of the consented areas, and backfilling with construction and demolition wastes as landfilling in the west of the quarry void. Extraction takes place in an easterly direction with the resultant void being restored through backfilling with inert waste materials, the western part of the disturbed quarry has been partially restored. Future areas of working within the Old Quarrington Quarry permission area have been partly stripped of soils and the soils stored in mounds to screen quarry operations. The limestone and sand are marketed as aggregates. The rate at which the quarry is worked is influenced by market levels and has historically been in the region of 370,000 tonnes per annum.
4 Four applications have been submitted relating to Old Quarrington and Cold Knuckles Quarries. These being: a new scheme of working and restoration conditions for Old Quarrington and Cold Knuckles Quarries, arising from the requirements for the review of old mineral planning permissions under the provisions of the Environment Act 1995; variation of condition of the 1987 planning permission to extend the period for mineral extraction; an 4.76 ha extension to Cold knuckles Quarry, and the re- establishment of a secondary aggregate recycling facility for construction and demolition wastes in part of the quarry. These are dealt with sequentially in this report.
5 The applications are accompanied by an Environmental Statement (ES) that considers all four proposals. This report has taken into account the information contained in the ES and amended details and that arising from statutory consultations and other responses. These planning applications are being reported to the County Planning Committee because they involve major minerals and waste development.
The proposals
Review under the Environment Act 1995
6 The Environment Act 1995 introduced significant new requirements for an initial review and updating of mineral planning permissions granted between 1948 and 1982, and the periodic review of all extant mineral permissions at 15 year intervals. The review process, which is similar to that previously adopted for older Interim Development Order (IDO) permissions, takes the form of a submission for consideration by the mineral planning authority of a new and updated scheme of conditions, usually incorporating a reviewed scheme of working, restoration, and aftercare, as appropriate. The determination will have the effect of imposing new conditions for the future working of an existing minerals development for which planning permission has already been granted.
7 Under the requirements of the Act, land at Quarrington comprising the Old Quarrington and Cold Knuckles Quarries permission areas, is classed as an Active Phase 1 site. A new scheme of conditions for working and restoration was required and submitted to the County Council in 1998, but assessment was deferred in the light of legal developments pending the preparation of an accompanying Environmental Statement (ES). The site operator subsequently submitted a detailed ES, incorporating an updated intended schedule of planning conditions, which has now been assessed.
8 There are four existing consents for working magnesian limestone, Permian sand and coal granted between 1952 and 1987. Although the overall permission area for Old Quarrington and Cold Knuckles Quarries is 81 ha (77.8 ha Old Quarrington Quarry, 3.2 ha Cold Knuckles Quarry), the ‘Review’ submission covers a 15 year period (working and restoration period) and area of 50.8 ha. A periodic review will take place in 15 years time and will address working in the remainder of the permitted site that only has permission for the extraction of limestone. The proposed scheme would have the effect of consolidating the planning permissions relating to the whole permitted area of Old Quarrington and Cold Knuckles Quarries granted between 1952 and 1958, which have the benefit of planning permission until 2042.
9 Each permission has conditions providing disparate controls and differing standards of environmental protection in different parts of the quarry. The review is a useful opportunity to up-date and consolidate these controls, rationalising operational practices and environmental standards over the whole quarry. The proposed conditions address, amongst other matters, the following: working method, access, traffic and protection of the public highway, environmental protection (noise, dust and blasting), hours of operation and a restoration strategy. The submitted suggested draft schedule of conditions has been amended in consultation with the applicant.
Variation of condition 7 of Planning Permission No. 4/86/456CM
10 The 1987 planning permission requires cessation of mineral extraction within 25 years of the date of commencement with restoration to topsoil within 12 months of the cessation of tipping. The operator has proposed the date of issue of the planning permission as the date of commencement, this being 3 July 1987 this would require the cessation of mineral extraction by 3 July 2012. However, in conjunction with the review of existing permissions the site operator seeks to extend the period of mineral extraction until 3 July 2025. This would also extend the period for restoration through infilling with quarry waste and imported inert waste until 3 July 2026. The extension of time is requested in order to tie in with the proposed 15 year working scheme. There would be a greater emphasis on nature conservation afteruses but still with some grazing.
Proposed extension
11 The applicant is also seeking permission to extract 415,800 tonnes of Permian sand from an easterly extension to Cold Knuckles Quarry (4.76 ha extension, 3.18 ha excavation area). Planning permission for mineral extraction does not exist for a strip of land between Old Quarrington and Cold Knuckles Quarries. Quarrying of permitted reserves would result in an unstable ridge between the two areas raising health and safety issues for the use of Bridleway No. 34/35 as well as having implications for the restored landform. In addition there have been health and safety issues raised by the County Council over the continued use of Bridleway No. 34/35. The proposed extension therefore comprises the area of land between the Old Quarrington and Cold Knuckles permission areas along the route of Bridleway 34/35, an area to the east of Cold Knuckles Quarry that has previously been worked by another operator and provide for its restoration, and a small area where the permission boundary does not appear to follow the fence line on the south west boundary of Cold Knuckles Quarry. Working within the proposed extension area would take place in accordance with the new comprehensive conditions contained in the review schedule as approved.
Re-establishment of secondary aggregate recycling facility
12 The application for the re-establishment of a secondary aggregate recycling facility is on an area of approximately one hectare within the western part of the current extraction area. The area has previously been backfilled with construction and demolition wastes as part of the landfilling operations, and forms a slightly raised area of ground to the north of the existing weighbridge and compound facilities at the quarry. Permission is sought for the duration of landfilling activities on site, this being 2026.
13 The quarry is currently permitted to accept a maximum of 204,000 tonnes per year of construction and demolition wastes under an Environmental Permit issued by the Environment Agency. The applicant proposes to divert up to 100,000 tonnes per year of this incoming waste stream for re-processing and sale as secondary aggregate. Acceptable waste loads comprising brick, concrete, tiles, clean stone and rock etc, would be unloaded into designated stockpiles within the recycling area to permit segregation and selection of different quality feedstocks during the subsequent processing operation. No more than 20,000 tonnes (approximately 12,500m3) of unprocessed waste material would be allowed to be stockpiled within the designated storage area at any one time. The height of these stockpiles, which could be controlled by condition, would not exceed 6 metres.
14 The subsequent processing operation would involve the selected wastes being passed through a mobile crusher and a mobile screen to achieve different sizes and grades of recycled aggregate, loaded using a rubber tyred front loading shovel. The secondary aggregates facility would be work on a campaign basis using the mobile crusher and screen used for processing rock. Waste fines from the process would be collected for disposal in the backfilling operation, whilst oversize material would be returned to the waste stockpile area for reprocessing. The finished secondary aggregate product would be separately stockpiled (not exceeding 6 metres in height) according to aggregate type and size in the wider quarry void area prior to being loaded by front loading shovel onto road going vehicles for delivery.
15 In 2004 a time limited permission of 3 years was granted to allow the impacts of the development to be carefully monitored and assessed in the context of the Review of the mineral planning permissions at the site. The submitted ES considers the secondary aggregate recycling facility alongside the other proposals.
Proposed scheme of working
16 The proposed scheme of working and restoration is a comprehensive scheme that includes working in the southern part of Old Quarrington Quarry the 1987 permission area), the permitted area of Cold Knuckles and the proposed extension areas over the next 15 years. These areas of proposed working are referred to as the site in this report and the study area in the ES. The necessary infrastructure is already in place and no change is proposed to the existing access or buildings currently on site. Existing buildings comprise two cabins, a site office and weighbridge.
17 Bridleway No. 34/35 would be affected by the proposals. If planning permission is granted the bottom route would be upgraded to bridleway status as soon as possible. A new bridleway to the east of the proposed extension area would also be created running parallel to Church Road. Bridleway No. 34/35 would be closed upon the opening of the bottom route and be re-established upon completion of Phase 5 albeit on a slightly different line.
18 The proposed scheme of working involves quarrying in 5 phases over the next 15 year period. Each phase taking between 2 and 4 years to complete and varying in area between 1.35 ha to 3.37 ha. Quarrying would advance with 3 faces no more than 15m high for limestone and 7.5m for sand with a maximum depth of 40m. Working would generally take place in an easterly direction followed by progressive restoration using quarry waste and imported inert waste. It is estimated that some 400,000m 3 of imported waste would be used in the restoration of the site (58,000m 3 per year) but only in the area covered by the 1987 permission. The landfill operation is regulated through the Environmental Permit. Limestone extraction is not permitted under the permission covering Cold Knuckle Quarry (phases 2, 3 and part of phase 4) and the material from that area would be used in restoration and the reconstruction of the escarpment face as would limestone from the proposed extension area. Unused limestone (with no permission for extraction) and overburden would be used in the formation of a screening bund some 20m high along the southern edge of the existing void to restrict views into the quarry from the south and west. Limestone from the permitted extraction areas would be stored in the quarry void separate from the landfill for future use or sale.
19 Blasting is permitted at the site to loosen the overlying limestone and this would continue be the case on an occasional basis. This would normally be restricted to one blast per week. Mechanical excavators would be used to extract the mineral. Limestone and sand would be processed by mobile plant (a crusher and a screen) in the base of the quarry that would move as the working face progresses. The mobile plant would also be used in the recycling operations on a campaign basis. The material would then be hauled by dump truck to the processing yard until it is sold or taken directly off site. Limestone would be sent to Tarmac concrete and asphalt plants in County Durham and North Yorkshire as well as feeding into the Regional demand for the material.
20 Sand extraction is not proposed at the eastern end of Cold Knuckles, instead this area would be restored during the first two years through regrading and planting with the aim of providing screening from properties in Quarrington Hill. Land surrounding the phases would remain unworked and land to the west would be a receptor for habitat removed prior to extraction in Cold Knuckles. Progressive restoration would enable areas to be graded to finished contours and seeded as soon as possible in each phase.
Working hours
21 The proposed working hours for all site operations reflect those currently in place (although only the 1987 permission restricts working hours), these being 06:00 – 21:00 Monday to Friday, 06:00 – 12:00 Saturday with no working on Sundays or Public/Bank Holidays . Blasting is proposed between the hours of 10:00 to 16:30 Monday to Friday.
Traffic and access
22 Access to the quarry is off the A688 Wheatley Hill to Bowburn link road and along a surfaced haul road. Current vehicle movements to the quarry are approximately 100 per day (50 in 50 out). There are currently no restrictions on vehicle movements. It is estimated that the average total HGV movements would be 242 (116 in/116 out) approximately split between outgoing mineral traffic and incoming vehicles bringing in inert fill. Based on existing vehicle movements approximately 60% of vehicles travel northwards to Tyneside, 30% southwards to Teesside and 10% eastwards to Hartlepool area.
Restoration
23 Progressive restoration would occur with phases 2 to 5 being completed by 2026. Phase 1 would not be completely restored given the need to access the northern part of the permitted area. Given that there are further reserves of limestone that have permission to be extracted until 2042 and are intended to be worked in a further 15 year period, working space would be left to enable access to future working areas beyond this 15 year review.
24 The land would be progressively restored to nature conservation uses totalling some 43.5 ha creating a number of habitats and comprising 38 ha of species rich grassland (magnesian limestone grassland and calcareous grassland), 4 ha scrub/woodland planting, 0.3 ha dew ponds, 1,950m of hedge and 2,235m bridleway would be created in addition to the replacement of Bridleway No. 34/35 (this being 1km). Old Quarrington Quarry would be restored to magnesian limestone grassland intercepted by hedgerows to create field boundaries for future grazing as part of an ongoing management plan. Advance creation of Magnesian limestone grassland would take place through management of stand off areas on the eastern and western edges of the site. Dew ponds would be created in field corners. The restored Cold Knuckles escarpment would consist of calcareous grassland that would link to areas of retained scrub at the base of the escarpment.
25 The restoration proposals are driven by ecology and habitat provision considerations as set out by Durham BAP targets and the operator’s own site specific BAP that was launched in 2010. The area to be worked over the next 15 years would be subject to the statutory 5 year aftercare requirement following replacement of topsoil. The applicant has agreed to enter into an Agreement under Section 39 of the Wildlife and Countryside Act 1981 for the management in perpetuity of the area which the proposed scheme of working covers.
Benefits
26 As well as the environmental enhancements associated with restoration of the site, the proposals would provide continued employment for 9 people at the site. In addition there would be a number of hauliers employed and would contribute to continuing employment of staff at the Company’s regional office.
PLANNING HISTORY
27 Planning permission was granted in 1952 for the re-opening of a disused quarry at Quarrington (1.66 ha) in the south western part of the quarry. In 1956 permission was granted for the extraction of dolomite over 56.6 ha in the northern part of the site. In 1958 a further permission for sand extraction was granted at Cold Knuckles Quarry.
28 In 1987 planning permission was granted for the extraction of sand and coal with restoration by means of waste disposal and provision of a new access road (30.5 ha), approximately covering the 15 year area identified within the current submission. A legal agreement secured the construction of the new access and sheeting of loaded vehicles leaving the site. Planning permission has also been granted for a coated roadstone plant (1988) but this has now been removed, and a variation to the 1986 permission in respect of wheel cleaning equipment (1989). In 2004 planning permission was granted for a secondary aggregate recycling facility at Old Quarrington Quarry for a temporary 3 year period.
29 Planning permission was granted in 2004 for an anaerobic digester on land at Quarrington Farm, Old Quarrington. The facility would be accessed using the quarry road.
PLANNING POLICY
NATIONAL POLICY :
30 Planning Policy Statement 1: Delivering Sustainable Development (PPS1) sets out the Governments overarching planning policies on the delivery of sustainable development through the planning system.
31 Planning Policy Statement 5: Planning for the Historic Environment (PPS5) sets out the Government's planning policies on the conservation of the historic environment. In considering applications, LPA’s should take into account the effect of an application on the significance of heritage assets. There should be a presumption in favour of the conservation of designated heritage assets. LPA’s should treat applications favourably where they preserve elements of the setting that contribute to the significance. Opportunities should be identified that enhance / improve setting or significance.
32 Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9) sets out planning policies on protection of biodiversity and geological conservation including sites designated for their geology and or geomorphological importance.
33 Planning Policy Statement 10: Planning for Sustainable Waste Management sets out the Government's policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK.
34 Planning Policy Statement 23: Planning and Pollution Control (PPS23) is intended to complement the pollution control framework under the Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control (England and Wales) Regulations 2000.
35 Planning Policy Statement 25: Development and Flood Risk (PPS25) sets out Government policy on development and flood risk. Its seeks to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing flood risk overall.
36 Planning Policy Guidance Note 13: Transport (PPG13) sets out objectives to integrate planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. General support is given for moving heavy freight by rail rather than road. PPG13 was updated in January 2011 to reflect changes to parking standards and charges since publication in 2001.
37 Mineral Policy Statement 1: Planning and Minerals (MPS1) is the overarching policy document for mineral planning in England. MPS1 seeks to secure the adequate and steady supply of minerals that are needed by society and the economy whilst ensuring the environment and amenity of local communities are adequately protected. National objectives include to secure adequate and steady supplies of minerals needed by society and the economy within the limits set by the environment, assessed through sustainability appraisal, without irreversible damage; to protect and seek to enhance the overall quality of the environment once extraction has ceased, through high standards of restoration, and to safeguard the long-term potential of land for a wide range of after-uses. MPS1 requires that the benefits of extensions to existing workings over new extraction should be considered.
38 Minerals Policy Statement 2: Controlling and mitigating the environmental effects of mineral extraction in England (MPS2) sets out the considerations that mineral planning authorities should have regard to when preparing development plans and in dealing with applications. It also provides guidance on detailed issues including noise and dust associated with mineral developments.
39 Minerals Planning Guidance Note 2: Applications, permissions and conditions (MPG2) provides advice on those aspects of the development control system of particular relevance to minerals and on the preparation and determination of individual planning applications.
40 Minerals Planning Guidance Note 5: Stability in surface mineral workings and tips (MPG5) provides advice on the exercise of planning control with respect to stability in surface mineral workings and tips and on good practice in the design, assessment and inspection of excavated slopes and tips.
41 Minerals Planning Guidance Note 7: The Reclamation of Mineral Workings (MPG7) deals with policies, consultations and conditions which are relevant to achieving effective reclamation of mineral workings.
42 Minerals Planning Guidance 14: Act 1995 - Review of Mineral Planning Permissions (MPG14) gives advice to mineral planning authorities and the minerals industry on the statutory procedures to be followed and the approach to be adopted to the preparation and consideration of updated planning conditions in the review process.
REGIONAL POLICY :
43 The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets out the broad spatial development strategy for the North East region for the period of 2004 to 2021. The RSS sets out the region's housing provision and the priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal. Some policies have an end date of 2021 but the overall vision, strategy, and general policies will guide development over a longer timescale. The overall objective for minerals policy in the Region, as set out in RSS, is to ensure the prudent use of the Region’s indigenous natural resources in line with sustainable development objectives.
44 In July 2010 the Local Government Secretary signalled his intention to revoke Regional Spatial Strategies with immediate effect, and that this was to be treated as a material consideration in subsequent planning decisions. This position was challenged through the courts and the Court of Appeal ruled in May 2011 that the proposed abolition of Regional Spatial Strategies can be regarded as a material consideration when deciding planning applications. The following policies are considered relevant.
45 RSS Policy 8 – Protecting and Enhancing the Environment – requires planning proposals to seek to maintain and enhance the quality, diversity and local distinctiveness of the environment throughout the North East.
46 RSS Policy 31 – Landscape Character – planning proposals should have regard to landscape character assessments to justify the retention or creation of any local landscape designations and assist in the targeting landscape restoration and environmental improvement schemes.
47 RSS Policy 32 – Historic Environment – planning proposals should seek to conserve and enhance the historic environment by clearly identifying and assessing the significant of any heritage assets and their vulnerability to change, seeking to preserve in situ nationally important archaeological sites and other remains of regional/local importance.
48 RSS Policy 33 – Biodiversity and Geodiversity – planning proposals should ensure that the Region’s ecological and geological resources are protected and enhanced to return key biodiversity resources to viable levels by continuing to promote the protection and enhancement of internationally and nationally important sites and species. Developing habitat creation/restoration projects are also mentioned.
49 RSS Policy 35 – Flood Risk – requires consideration to be given to the flood risk implications of development proposals adopting the sequential risk based approach set out in PPS25.
50 RSS Policy 37 – Air Quality – states that planning proposals should contribute to sustaining the current downward trend in air pollution in the region; consider the potential effects of new developments and increased traffic levels on air quality and their impacts on internationally designated nature conservation sites and adopt mitigation measures to address these impacts.
51 RSS Policy 42 – Overall Minerals Strategy – states that the planning system should ensure that land is made available to provide an appropriate contribution to local, regional and national needs for minerals. It also seeks to deliver effective environmental management of mineral extraction; high quality restoration and aftercare; and appropriate beneficial after uses.
52 RSS Policy 43 – Aggregate Minerals Provision – requires that the planning system should make provision to maintain a landbank of planning permissions for primary aggregates which is sufficient to deliver 26.25 million tonnes of sand and gravel and 156 million tonnes of crushed rock over the period 2001-2021. County Durham has a sub regional apportionment of 8 million tonnes of sand and gravel and 99.5 million tonnes of crushed rock over the period. Policy 43 replaces County Durham Minerals Local Plan Policy M2 which specified a previous regional apportionment. In considering need the Council has also had regard to the latest available information and the North East Regional Aggregates Working Party recommended sub-regional sand and gravel apportionment for County Durham as derived from the Government's June 2009 National and Regional Aggregate Supply Guidelines.
53 RSS Policy 45 – Sustainable Waste Management – is concerned with sustainable waste management and says amongst other matters that strategies, plans and programmes, and planning proposals should give priority to initiatives that encourage behavioural change through, for example, developing and implementing waste minimisation plans and schemes and developing re-use schemes.
LOCAL PLAN POLICY : COUNTY DURHAM MINERALS LOCAL PLAN (DECEMBER 2000) [MLP] POLICY :
54 Policy M1 – Maintenance of landbanks – sets landbanks of permitted reserves to be maintained during the Plan period up to 2006 including those for sand and gravel (at least 7 years) and crushed rock (at least 10 years). Although the Plan period ended in 2006 this saved policy is in line with national policy as set out in MPS1.
55 Policy M3 – Extensions to mineral workings – specifies that extensions to mineral workings will be allowed under allocations made in specific policies and subject to specific criteria. Extensions to existing workings will be permitted provided that they meet a number of criteria, one of which being they do not involve any further mineral extraction on the Magnesian Limestone Escarpment.
56 Policy M4 – Waste and recycled materials – encourages and supports the use of recycled and waste materials in place of newly won minerals.
57 Policy M5 – Construction/demolition waste recycling facilities – permits proposals to develop construction and demolition wastes at active quarries and landfill sites for a temporary period not exceeding the life of the site of the quarry or landfill site provided that: any existing adverse impacts on the environment or local community are not significantly increased; the operation or restoration of the site is not prejudiced or significantly delayed.
58 Policy M12 – Proposals outside identified areas – specifies that outside areas of search and designated landscape areas proposals for mineral extraction will only be permitted where one or more criteria applies including need, extraction in advance of other development and extensions to existing mineral workings.
59 Policy M19 – Concurrent working of minerals – encourages the concurrent working of two or more minerals from the same site where mineral extraction is acceptable in principle with certain provisions.
60 Policy M24 – Local landscapes – requires that the scale of any adverse effects on local landscape character from minerals development is kept to an acceptable minimum and conserves as far as possible important features of the local landscape. It also requires that restoration schemes have regard to the quality of the local landscape and provide landscape improvements where appropriate.
61 Policy M27 – Locally important conservation sites – states that minerals development which may have an adverse effect which affects regionally or locally identified sites of nature conservation interest including SNCIs or ancient woodlands will not be permitted unless the MPA is satisfied that there are reasons for the proposal that outweigh the need to protect the site’s intrinsic qualities.
62 Policy M29 – Conservation of nature conservation value – requires all proposals for minerals development to incorporate appropriate measures to ensure any adverse impact on the nature conservation interest of the area is minimised.
63 Policy M31 – Archaeological field evaluation – relates to archaeology and the need for archaeological field evaluation prior to the determination of planning permission where there is reason to believe that important archaeological remains may exist.
64 Policy M35 – Recreational areas and public rights of way – aims to prevent development that would have an unacceptable impact on the recreational value of the countryside unless there is a need for the mineral which cannot be met from suitable alternative sites or sources. It also requires adequate arrangements for the continued use of public rights of way both during and after mineral development, either by means of existing or diverted routes.
65 Policy M36 – Protecting local amenity – requires the incorporation of suitable mitigation measures to ensure potentially harmful impacts from pollution by noise, vibration, dust and mud, visual intrusion, traffic and transport, subsidence, landslip and gaseous emissions are reduced to an acceptable level.
66 Policy M37 – stand off distances – seeks to prevent mineral development within 250m (500m where operations involve blasting) of a group of 10 or more dwellings unless it is demonstrated that residential amenity can be protected from the adverse impacts of mineral working.
67 Policy M38 – Water resources – states that if a proposal for mineral development would affect the supply of, or cause contamination to, underground, or surface waters, it should not be permitted unless measures are carried out as part of the development to mitigate those impacts throughout the working life of the site and following final restoration.
68 Policy M42 – Road traffic – states that mineral development will only be permitted where the traffic generated can be accommodated safely and conveniently on the highway network and the impact of traffic generated by the development on local and recreational amenity is otherwise acceptable.
69 Policy M43 – Minimising traffic impacts – requires that planning conditions should be imposed, and planning obligations or other legal agreements sought, to cover a range of matters such as routeing of traffic to and from the site, highway improvements or maintenance, prevention of the transfer of mud and dirt onto the public highway and operating hours of lorry traffic to and from the site.
70 Policy M45 – Cumulative impact – requires that when considering proposals for mineral development the cumulative impact of past, present and future workings must be considered and states that planning permission will not be granted where the cumulative impact exceeds that which would be acceptable if produced from a single site under the relevant policies of the Plan.
71 Policies M46 and M47 – Restoration conditions and after uses – provide advice in relation to proposals for the after use of mineral sites. The Policies` states that conditions will be imposed, and planning obligations or other legal agreements sought, to cover the matters necessary to ensure the satisfactory restoration of the site.
72 Policies M50 and M51 – On site processing and storage – relate to on site processing and storage.
73 Policy M52 – Site management – states the ability and commitment of the intended operator to operate and reclaim the site in accordance with the agreed scheme will be taken into account.
74 Policy M54 – Magnesian Limestone Escarpment – states that no new or extended magnesian limestone workings other than those allocated in the Plan will be permitted within the Magnesian Limestone Escarpment Area and the progressive restoration of existing workings will be sought.
COUNTY DURHAM WASTE LOCAL PLAN (APRIL 2005) [WLP] POLICY :
75 Policy W2 – Need – requires the demonstration of need for a particular development which cannot be met by an alternative solution higher up the waste hierarchy.
76 Policy W3 – Environmental Protection – states that proposals for new development will be required to demonstrate that the natural and built environment and the living conditions of local communities will be protected and where possible enhanced.
77 Policy W4 – Location of waste management facilities – states that proposals for new waste management facilities will be determined having regard to protection of the environment and local amenity, traffic impacts, opportunities to integrate with other facilities or developments which will benefit from the recovery of materials and to extend or develop existing waste management facilities.
78 Policy W13 – Nature Conservation (Local) – states that waste development likely to have an adverse effect on local sites including County Wildlife Sites (now Local Wildlife Sites) will not be permitted unless the reasons for the development clearly outweigh the harm to the substantive nature of the conservation value of the site.
79 Policy W26 –Water resources – Proposals for waste development which does not involve landfill or landraise will not be permitted unless it can be demonstrated that there will be no significant adverse impact or significant deterioration to: the quality of surface or groundwater resources; and the flow of surface or groundwater at or in the vicinity of the site.
80 Policy W29 – Modes of transport – requires that waste development incorporate measures to minimise transportation of waste.
81 Policy W31 – Environmental impact of road traffic – states that waste development will only be permitted if traffic estimated to be generated by the development can be accommodated safely on the highway network, the amenity of roadside communities is protected, the strategic highway network can be safely and conveniently accessed and the impact of traffic generated by the development on local and recreational amenity is otherwise acceptable.
82 Policy W32 – Planning obligations for controlling environmental impact – states that in granting planning permission for waste development, planning conditions be imposed to cover, in addition to other issues, the prevention of the transfer of mud, dust, or litter onto the public highway by measures including the provision of wheel cleaning facilities, suitably metalled access roads and the sheeting of laden vehicles.
83 Policy W33 – Protecting local amenity – requires that suitable mitigation measures are incorporated into proposals to ensure that any harmful impacts from noise, odour, litter, vermin, birds, dust, mud, visual intrusion and traffic and transport are kept to an acceptable level.
84 Policy W39 – Waste recycling – states that proposals for the recovery and recycling of inert waste materials, including construction and demolition waste, will be permitted, provided that they can be satisfactorily located at existing waste transfer stations, on land identified for general industrial use or on previously developed land in sustainable locations.
The above represents a summary of those policies considered most relevant in the Development Plan the full text, criteria, and justifications of each may be accessed at (link to webpage ) (http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=674 (County Durham Minerals Local Plan), at http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=675 ) (County Durham Waste Local Plan)
CONSULTATION AND PUBLICITY RESPONSES
STATUTORY RESPONSES : 85 Cassop Cum Quarrington Parish Council does not object to the applications but makes a number of comments as well as endorsing the main principles of a report prepared by the Old Quarrington Association. The Parish Council would like the Review conditions to fully reflect a modern planning application and hope that the Planning Authority will seek to ensure the best possible outcome can be reached. The Parish Council has no comment regarding the landfill extension and notes past problems with red dust which may or may not have been in connection with the previous recycling facility. It is considered that this should be properly addressed in any permission to make this facility permanent.
86 The proposal to extend Cold Knuckles is considered the most contentious application, in particular the proposed arrangements for public rights of way. It is acknowledged that the eastern part of the quarry is unsightly and visible from the motorway and there are concerns about stability of the current quarry face. Issues raised are: the proposed diverted route for Bridleway No. 34/35 onto one which is now an established right of way and it is considered that this is not appropriate, alternatives being to the north of the permission area as was previously proposed by the quarry operator; improvements required to the bottom track and working methods should be controlled to prevent problems for users of the track; confirmation of the exact proposals at the western end of Cold Knuckles which has biodiversity (not all of which is recorded in the ES) and historical interest; queries raised regarding the restoration proposals including the extent of magnesian limestone grassland. It is also noted that the water supply for Old Quarrington comes along Bridleway No. 34/35 and hope that works would not result in an unacceptable drop in water pressure.
87 In response to the proposed southern circular route, the Parish Council stated that although the Parish Council support the various proposals in principle, it feels that a more acceptable footpath arrangement than the route currently being suggested is provided as those proposed are not particularly acceptable to local residents.
88 The Highway Authority has no objection to the proposals. The Authority is of the view that there is no alteration to the existing road conditions and is therefore satisfied with the draft conditions which would allow monitoring of traffic volumes, ensure that the access road is kept clean and limit access to the A688, Bowburn to Wheatley Hill road junction.
89 The Highways Agency has no objection to the proposals and is satisfied that the proposal would not have a detrimental impact upon the nearby strategic road network.
90 The Environment Agency (EA) has no objections to the applications but makes specific comments in relation to three of them. It is noted that a variation of the Environmental Permit will be required from the EA prior to commencing the proposed secondary aggregates recycling facility. The EA would only find the extension to Cold Knuckles acceptable if conditions relating to the storage of potentially polluting oils, fuels or chemicals and dewatering are imposed. With regards to the restoration plan, the EA finds the initial proposals acceptable but would like to be reconsulted with the detailed scheme when submitted. If soils are to be imported to restore the new extended area, a variation of the Permit may be needed due to the extended area falling outside the current permitted area for this activity. It is that the responsibility for the safe development and secure occupancy of the development rests with the applicant.
91 With regard to the Review submission, like with its comments on the extension to Cold Knuckles, the EA requests that conditions relating to the storage of potentially polluting oils, fuels or chemicals and dewatering are imposed. With regards to the proposed restoration plan, the EA finds the initial proposals acceptable but would like to be reconsulted with the detailed scheme when submitted.
92 Natural England (NE) initially submitted a holding objection because of insufficient information on the impact on the species and habitats of principal importance. However, this was withdrawn following the submission of additional information. Based on the additional information and reassurances regarding mitigation and proposed conditions, Natural England has withdrawn its objection. Natural England is satisfied that the proposed conditions cover the restoration and habitat management for the site.
93 Natural England advises that the proposal is unlikely to have an adverse effect in respect of bats and great crested newts, species especially protected by law, subject to specific conditions. On the basis of the information available Natural England is broadly satisfied that the mitigation proposals, if implemented, are sufficient to avoid adverse impacts on the local populations of great crested newts & bats, and therefore avoid affecting favourable conservation status. Natural England notes that it is for the local planning authority to establish whether the proposed development is likely to offend against Article 12(1) of the Habitats Directive. If this is the case then the planning authority should consider whether works impacting on bats or great crested newts would be likely to be granted a licence. Checking surveys are proposed for other protected species through condition. Natural England is also satisfied with proposed mitigation and proposed conditions for reptiles.
94 In terms of its statutory remit for soils, land use and reclamation NE confirms that it is satisfied that the proposal does not appear to raise any significant agricultural, soil resource protection or associated reclamation considerations. Comments are made regarding the quality of land that would be disturbed (some 11 ha of ALC Grade 3b out of an area of 51 ha the majority being already within an active quarry), and it is recognised that given the site’s physical constraints there is limited potential for an agricultural afteruse. NE accept that a scheme to enhance the geodiversity and biodiversity value of the site following the cessation of mineral extraction may well be considered the most appropriate option for restoration in this instance, but that such after uses are likely to be partially linked to a low intensity agricultural management, to maintain and improve the species diversity of the proposed “Calcareous” and “Magnesian Limestone” grasslands. NE accept that agriculture would likely be an ancillary afteruse but that it would be appropriate that the restored land should be made reasonably fit for agriculture. Comments are also made regarding the conditions proposed through the Review. It is noted that any further development within the larger planning permission boundary would raise more significant considerations concerning the disturbance of “best and most versatile” land.
95 Durham Wildlife Trust makes a number of comments on the proposals relating to methodology for translocation of magnesian limestone flora, scrub planting, the restoration proposals including the proposed landform and post restoration management. It is suggested that consideration is given to connectivity with other areas of magnesian limestone grassland and that there is an opportunity to do this as part of the Limestone Landscapes project in the East Durham area which the Wildlife Trust will gladly facilitate.
96 County Durham Badger Group raised concerns that a small active sett may not have been taken into account. However, the Badger Group do not think that the development will affect foraging as the badgers may use the nature reserve and the farmland but the sett should be taken into account.
97 Butterfly Conservation (BC) raises concerns regarding the impact of the development on populations of Northern Brown Argus and Dingy Skipper, both of which are listed as Priority Species in the UK BAP given that they are present at Old Quarrington/Cold Knuckles Quarries which are sites are of national importance in terms of their lepidoptera populations. BC considers that the proposed operations are likely to result in the losses of both Priority Species and that the loss of the Northern Brown Argus would be of particular significance. It is advised that it should be aimed to retain existing habitat during operations if at all possible. If this is not feasible, then habitat creation should be undertaken as part of any restoration following cessation of future quarrying operations, but only as a very last resort in terms of the Northern Brown Argus.
98 The former North East Planning Body (NEPA) considers that the proposals are consistent with RSS Policies 35 (flood risk) and 42 (overall minerals strategy). Other RSS Policies mentioned cover a arrange of matters including, landscape character (Policy 31), historic environment (Policy 32), biodiversity and geodiversity (Policy 33), air quality (Policy 37) and aggregate minerals provision (Policy 43). These matters are covered in the policies of the MLP as set out in this report. The ES indicates that the development will result in a series of impacts, particularly in relation to landscape, archaeology and the historic environment, noise, air quality, and geodiversity. NEPA state that although the principle of mitigation is reflected in these proposals, the local authority will need to be satisfied with these measures to ensure that this proposal is in conformity with the RSS.
99 The Coal Authority (CA) has no objection to the proposed planning applications and states that it will process any associated application for an operating licence under Part II of the Coal Industry Act 1994 in accordance with its statutory duties. The CA makes a number of comments in support of the Review submission which are summarised as follows: • As owner of the coal the CA encourages and supports the working of coal in environmentally and socially acceptable ways to meet market requirements. • Reference is made to Government policy, the 2006 Energy Review and MPS1 in terms of supply of material and importance of indigenous energy resources. • The role of surface mining in supplying the UK market with good quality coal including energy generation. • That the planning regime takes account of the occurrence of minerals which can only be worked where they occur. • That coal supply in the UK should contain a significant proportion of indigenous production. • The environmental impacts of imported coal are highlighted in terms of increased transport related carbon and sulphur emissions. • The importance of continued production and the need to bring environmentally acceptable new sites on stream to replace exhausted sites on a regular basis. • That it is essential that any unnecessary sterilisation of coal reserves through permanent development should be avoided. • With regard to minewater, any site investigations and/or excavations on the site may have the potential to interfere with minewater pathways in the area. The applicant should be made aware of this and consult with the Coal Authority’s Environment Department at the earliest opportunity to discuss these issues. • The applicant should be reminded that any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. Further Information can be obtained from the licensing and permissions section of The Coal Authority website. • CA records indicate the presence of two mine entries underneath the access road into the site and the CA is keen to ensure that the implications of these mine entries are fully considered and addressed as part of this application, to avoid any potential safety issues. Records also show a number of subsidence claims relating to the eastern boundary of the site, which the applicant should be aware of. • The applicant should be reminded that any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated. Further Information can be obtained from the Services section of the Coal Authority web site www.coal.gov.uk
100 With regard to the extension to Cold Knuckles Quarry, the CA supports the proposed extension of operations, including coal extraction proposed as part of this planning application. The CA has no comments to make in respect of the proposed variation of the 1987 permission. In terms of the secondary aggregates recycling facility the CA is keen to ensure that the implications of two mine entries shown by its records to interfere with the access road into the site are fully considered and addressed as part of this application. The CA considers that this is of particular importance as this application would result in additional vehicular movements. The CA later noted that vehicles have obviously been using the access road safely to date without incident, if the frequency of the vehicular movements is to increase as a result of this application the CA feel it would be prudent for the applicant to investigate the mine entries to ensure they are treated to a specification that can withstand increased usage.
101 Having had regard to the plans provided by the CA it is clear that the mine shafts are not located close to the quarry access route and instead are close to the new bypass and were addressed as part of that development. Since the initial consultation response the CA standing advice has been updated and and part of the site lies within the coalfield standing advice area and the other in the coal mining development referral area. The Coal Authority has confirmed that standing advice issued in 2010 should be included with any decision notice along with its previous comments.
102 Northumbrian Water Limited has no objections to the proposed development. However, notes that there is an existing water main located along the road to the edge of the site and provided a plan that has been forwarded to the applicant.
103 National Grid has provided details of its apparatus in the vicinity of the site and considers that based on the information provided and proximity and sensitivity of the operational electricity and gas transmission networks the risk is negligible.
INTERNAL CONSULTEE RESPONSES :
104 Planning Policy highlights Development Plan policies from the RSS, MLP, WLP and DLP which it considers are relevant to the proposals. Planning Policy also recommends that the views of specialist consultees are sought in relation to matters such as landscape, ecology, public rights of way and highways. The issue of need for additional sand reserves are highlighted as well as the issue of landfilling that is associated with the variation of condition application. The desirability and acceptability of landfill is raised and it is noted that due to the challenging diversion targets, there will be completion from several sites for the use of inert waste in restoration and the possible lack of material in the future will have implications for the achievement of a satisfactory restoration. However, Policy acknowledges that the site performs a valuable role in the County’s strategic waste management network and as a recycling facility for construction and demolition waste.
105 Environmental Health Officer (EHO) has no comments to make on the presumption that the “new” sites will be run on the same lines as the other sites run by the same company in the area (Tarmac).
106 Landscape raises no objection to the proposals. The Landscape Officer agrees with the conclusion of the assessment that the working of Old Quarrington Quarry in combination with the working of Cold Knuckle Quarry and the proposed extension would have moderate to substantial adverse impacts on the character of the site and its environs as a result of the major changes to the landform, the loss of mature vegetation and quarrying operations in general during its operational life. These impacts would be offset by longer term benefits. In respect of cumulative impacts with other workings, while there would be situations where one, or in some cases two, other quarries were visible they would be at such distances that the cumulative landscape and visual impacts would be minor.
107 The proposed quarrying works would be most visible from Quarrington Hill, particularly in the Church Street area, and from Crow Trees Local Nature reserve. Extraction works at Cold Knuckles would be very prominent and views of the quarry void would be opened up leading to substantial adverse impacts. These impacts have been mitigated as far as is practical. The phasing of the extraction works has been planned to leave breaking through to the escarpment as long as possible because this skyline feature is prominent from many viewpoints. This will minimise the length of time that it would have a substantial adverse visual impact from some viewpoints. The working face of Old Quarrington Quarry would be worked eastwards towards Quarrington Hill so that it is concealed from close views. In Phase 1 the landform in the south east corner of the application area is to be made more convex in order to screen the quarry workings from properties on Church Street. This should screen the quarry workings during Phase 3 and 4. The screen mounding along the quarry edge has been designed to be of sufficient height to screen the intrusive movements of machinery in the working area. Further measures have been carefully considered by the developer which will assist with mitigating the landscape impact. Specific comments are made regarding restoration including final landform, soils replacement, planting and management.
108 Ecology after initial concerns over the lack of information submitted in support of the applications, Ecology now has no objections to the proposals following the submission of additional survey information on the clear understanding that further appropriate surveys are submitted at the correct times as the works proceed.
109 Public Rights of Way has no objection to the proposals and consider that they suitably provide access during the period of the development and offer an opportunity to secure improvements on completion. Ultimately the proposals would enhance permanent public access. PROW acknowledge that the path below Cold Knuckles Quarry has likely acquired a public right of way as bridleway by virtue of the evidence of use but welcomes that the applicant proposes to enter into a creation agreement to dedicate the route as formal right of way secured though legal agreement. This would also apply to the proposed bridleway route parallel to Church Road and to the creation of a new bridleway along the route of Bridleway No. 34/35. Advice is provided regarding the specification for the bridleways.
110 Archaeology has no objections to the proposals but advises that a conditions dealing with monitoring of the removal of topsoil, recording of the trackway and historic hedgerows to be removed and the analysis, reporting and publication are required given there is still topsoil to be stripped and there is unknown archaeo logical potential.
111 A recent study funded by the Aggregates Levy Sustainability Fund ("The Archaeology of Aggregate-producing Areas in County Durham, UK" (ARS and DCC 2007)) indicates that of the known archaeological sites within the study area, 72% of the prehistoric sites and 65% of Roman sites occur on the undifferentiated drift which lies on top of the Magnesium Limestone. The document highlights the possibility of discovering archaeological resources. It is noted that the restoration phase will replace many of the historic route ways and habitats which will initially be lost by the extension of the quarry. Archaeology suggests that the applicant may wish to consider adding some interpretation/guided walks into the restoration phase of the project. The quarry is part of the historic landscape and equally will be detrimental to it (by way of removing any remains which may be there).
PUBLIC RESPONSES : 112 The proposals were displayed at a public consultation event held by the applicant at Quarrington Hill Community Centre on 8 January 2009 prior to formal submission advertised via the distribution of 596 leaflets to properties in the surrounding area. The proposals have also been discussed over a number of years at the biannual site liaison committee meeting. The application was also advertised by site notice and in the local press as part of the planning procedures. Neighbour notification letters were sent to properties in Old Quarrington and Quarrington Hill.
113 Old Quarrington Association (OQA) does not object to the applications in principle but makes a number of comments. The Association would like the Review conditions to fully reflect a modern planning application and hopes that the Planning Authority will seek to ensure the best possible outcome can be reached. The Association has no comment regarding the landfill extension to 2025. So far as the recycling facility is concerned, problems with a red dust are noted but it is not known if it was connected to the former recycling facility. It is considered that this should be properly addressed in any permission to make this facility permanent.
114 The proposal to extend Cold Knuckles is considered the most contentious application, in particular the proposed arrangements for public rights of way. It is important that a circular route is maintained while the work is carried out as there will be disruption for a number of years. It is acknowledged that the eastern part of the quarry is unsightly and visible from the motorway and there are concerns about stability of the current quarry face. Issues raised are: the proposed diverted route for Bridleway No. 34/35 onto one which is now an established right of way and it is considered that this is not appropriate alternatives being to the north of the permission area as was previously proposed by the quarry operator; improvements required to the bottom track and working methods should be controlled to prevent problems for users of the track; confirmation of the exact proposals at the western end of Cold Knuckles which has biodiversity (not all of which is recorded in the ES) and historical interest; queries raised regarding the restoration proposals including the extent of magnesian limestone grassland. It is also noted that the water supply for Old Quarrington comes along Bridleway No. 34/35 and hope that works would not result in an unacceptable drop in water pressure.
115 Bowburn & Parkhill Community Partnership does not oppose the applications but raise a number of points. As a result of the public rights of way proposals safe circular route for walkers and horse riders will be lost until at least 2025. The solution would be to allow a replacement route to the north. It is considered that there is already a significant amount of magnesian limestone grassland and no more should be created. Concerns are also raised regarding the effect on water pressure when Bridleway No. 34/35 worked. In response to the proposed southern circular route the Bowburn & Parkhill Community Partnership ask that the proposed southern circular route is extended so that it by passes the quarry altogether.
116 In addition to the above 6 representations have been received in total, 2 of which are objections and 4 provide comments. The grounds of objection and concern raised are summarised below:
Dust • A few years ago red brick dust was witnessed but has not been a problem since December 2008. The problem was intermittent so it may have been linked to wind direction but it is unclear whether or not this was linked to the previous recycling facility.
Impact of blasting • Concerns regarding the impacts and effects of blasting upon properties in Old Quarrington and the adjacent St Paul’s Church yard and graves within it. • Concerns that old pitfalls are being opened by the explosives used during quarrying, and if works are extended closer to the village then this will make the situation worse. • The impact of blasting for users of the ‘bottom path’.
Ecology • The entire area has wide ranging biodiversity value and a number of birds that are considered to be present at the site are not mentioned in the ES. • The western end of Cold Knuckles in particular has biodiversity and historical interest and it is unclear what is proposed in terms of proposed works for this area and when works would be undertaken that would affect birds and bats. • Concern that water to the wildlife reserve comes in the main from the areas the works are planned for, the danger of contamination or loss of supply must be prevented.
Effect on water supply • At present, the water supply comes along bridleway 34 and was replaced a few years ago. Local residents would like an assurance that the necessary diversion to accommodate these works would not result in an unacceptable drop in water pressure.
Cumulative impact • The local village has suffered noise and dust pollution for years, it has gone on long enough and that the local landscape has been severely scarred by the work.
Public Rights of Way • There are amenity benefits of the current bridleway and its wider links to the local and regional. • The proposed diverted route for Bridleway No. 34/35 (referred to as “the bottom track”) is onto one which is now an established right of way. It is not appropriate to just diver the Bridleway onto the track during the currency of the operations. • Concern over the removal of Bridleway No.34/35 that has been used for many years and that its movement to the south of Cold Knuckles would make the route beyond some people’s capabilities. • Users of the bottom track have not been challenged or prevented from using the route over the years and the route is shown on old plans. • In 2003 residents made a claim that the bottom route had acquired right of way status but it was unsuccessful at that time. • An alternative circular route to the north was previously suggested by the Company. At a Quarry Liaison Committee meeting a few years ago members were taken on a proposed replacement circular route to be open while the proposed works were carried out. This route went round the entire quarry workings, joining up with the existing path by descending the baffle mound close to the quarry entrance. The committee was told this could not be a permanent alternative as the quarry has permission to extend northwards. Nevertheless, it appeared to the members of the committee a satisfactory alternative path during the period of the proposed extraction at Cold Knuckles. • A suitable safe circular route within the immediate vicinity has to be provided as an alternative to the existing system of paths and if the northern route is not possible then there could be alternatives provided by using land within the Nature Reserve plus the adjoining land owned by Tarmac. • An alternative route is proposed by a resident that includes land within the nature Reserve. • Bridleway 34 is also part of a cycle network of paths and has a reasonably gently gradient. While it is noted that the applicant would improve the condition of the bottom track, at the Quarrington Hill end it is a very steep gradient for cyclists and the gradient would have to be reduced. • The impact of operations on users of the bottom track given the close proximity of the track and the proposed working area raises concern. • Bridleway No. 34/35 is used not just as a leisure route but also as a route to and from work.
Safety • It is questioned if the Bridleway No. 34 is unsafe although it is acknowledged that it was closed whilst an investigation into the stability of the face took place and it has been queried if the results of this investigation available as part of the application procedure a few years ago. As the Bridleway was eventually re-opened after this procedure was completed, some local residents conclude that it was felt there was no immediate danger. • Queries raised as to why Cold Knuckles has been fenced off.
Restoration • The emphasis on the creation of magnesian limestone grassland upon restoration is questioned as it is considered that the scrub that has developed in the area has provided a varied landscape that supports a wide variety of wildlife. The replacement of the cliff is welcomed.
Other matters • Some 50 years ago the then owners of the quarry worked some 150 yards outside of the permitted boundary within 200 yards of the church yard and onto the Crowtrees Heritage old railway line connected to the Cassop Line by Steam haulage in the 1800s. • No reference is made to the following: Quarrington Hill, St Paul’s Church yard, the Heather Ladd Public House, houses at Quarrington Hill, Crow Trees Nature Reserve and path ways and the Crowtrees Heritage and Sensory Trail. • The current escarpment is a RIGGS site and is used for teaching undergraduates at the University. It is requested that at least a representative geological section is preserved as part of the restoration of this or indeed the main currently working quarry.
APPLICANTS STATEMENT
Introduction
117 The major part of this application is the review of the existing mineral planning permissions at Old Quarrington and Cold Knuckle quarries. The Environment Act 1995 requires that existing mineral planning permissions granted before 22 February 1982 are subject to a periodic review every 15 years either from the date of the previous review or from the date of the latest mineral permission. Such applications are referred to as ROMPS reviews. Permission for mineral extraction continues to exist, however, as stated in MPG14 it is for land and minerals owners to demonstrate a commitment to raising standards by operating as good environmental neighbours in an environmentally sustainable manner and submitting sensitive schemes of conditions. Hepplewhite, (a joint venture between Tarmac and Lafarge), is demonstrating that commitment through this application. Equally MPAs should note the Government's expectation that, in relation to active sites, generally conditions should not be imposed which would prejudice adversely to an unreasonable degree, either the economic viability of operating the site or the asset value of the site. Through the process of an EIA and discussions with the Council’s officers, a mutually acceptable list of revised planning conditions has been arrived at. A further review will take place in 15 years time, as permission exists until 2042.
118 The applications before this Committee include re-establishing permission to recycle secondary aggregates at the site. This was previously carried out under a temporary consent and caused no problems. This is an ideal site for this operation as the environmental effects can be managed and confined to the quarry void. It is simply that the Council wished to consider all the operations at the site holistically so only issued a temporary permission until such a time as the ROMPS review could be considered.
119 In addition a small extension is being applied for principally to allow for restoration of part of the Cold Knuckle site, which had been worked without permission by another operator and never restored. That part of the site is a visual scar and the resulting landform presents a risk to health and safety.
120 Over time the progress of the various permissions at the site has got out of step and therefore a time limiting condition of one of the permissions also has to be varied, to allow the outward facing parts of the Cold Knuckle site to be worked and restored as a priority, before the extraction of mineral from the current working void in Old Quarrington Quarry (which is out of sight from the surrounding area) is carried out.
Economic Benefits
121 The scheme will continue to help County Durham produce its share of aggregate and Permian sand needed by the construction, civil engineering and manufacturing industries in the north east of England. It is now recognised by the Authority that County Durham has a shortfall of permitted sand reserves.
122 The scheme will continue to provide a significant number of jobs (9) at the site in addition to those of hauliers and employment at the Company’s offices.
Social and Environmental Benefits
123 The road access is a purpose built route that now connects directly on to the new bypass and thence direct to the A1. Thus the quarries are in a very sustainable location which is also environmentally friendly, since it avoids any effects of transport of the quarry products upon local people, because the HGVs do not pass properties or schools as they did historically.
124 The site has an active liaison group and the members of the group, and other local people who attended the public consultation event prior to the application, expressed a wish for enhanced bridleway access. Thus we have agreed to sign up to a legal agreement under the provisions of the Highways Act to provide approximately 2.4km of newly dedicated bridleway from commencement and reinstate the existing bridleway 34 on a safe route at the end of operations.
125 Local biodiversity will also be improved as we have elected, in discussion with the Council’s officers, to change from the agricultural restoration scheme previously approved, to one that instead focuses on creation of new magnesian limestone grasslands, which are priority habitats in Durham. This will also encourage the rare butterflies that are associated with this type of habitat. Last year we launched our Biodiversity Action plan for our Durham quarries and the restoration work done on the sites will be independently audited to ensure the objectives are met.
Environmental impact
126 The scheme has been carefully designed and new mitigation measures put in place so that the site can be operated without significant negative environmental impacts from noise, dust and vibration. A standoff has been incorporated to keep working away from the Heather Lad. An EIA has been carried out and the Environmental Statement accompanying the application documents the results of the studies.
Conclusion
127 We have demonstrated in the application, and in consultation with the Council’s officers, that this is a sustainable scheme and it can proceed without significant adverse effects upon the environment and local community. I therefore ask that the Authority approves the applications.
The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at (link to webpage). Officer analysis of the issues raised and discussion as to their relevance to the proposal and recommendation made is contained below
PLANNING CONSIDERATIONS AND ASSESSMENT
128 In assessing the proposals against the requirements of the relevant guidance and development plan policies and having regard to all material planning considerations, including representations received, it is considered that the main planning issues in this instance relate to the principal and need for the developments (mineral and waste), the affects of the development on residential amenity (including noise, dust and blasting), biodiversity interests, landscape and visual impact, cultural heritage, recreational amenity, agricultural quality and use, hydrology and hydrogeology, access and traffic, cumulative impact, other minerals and alternatives, and legal agreements. Other issues raised are also considered.
Mineral proposals
Principle of the development
129 The main purpose of the mineral review legislation, supported by Government Guidance in MPG14 is to update old mineral planning permissions in order to secure improved operating and environmental standards. The determination of new planning conditions will have the effect of imposing conditions upon a minerals development for which planning permission has already been granted.
130 The principle of mineral extraction and restoration through infilling in part of the Old Quarrington Quarry permission area is established and previously considered acceptable at Old Quarrington and Cold Knuckles Quarries. However, there is a need to consider the principle of an extension to the permitted quarry given the location on the limestone escarpment and the proposed extension of time for working and restoration through infilling until 2026.
131 The MLP recognises that, together, the quarrying operations at Thrislington and nearby major limestone quarries at Cornforth (East and West) and Raisby have grown over a considerable period and have a significant effect in the area, particularly in terms of individual and cumulative visual impact and the lorry traffic they generate. The MLP therefore sets out a strategy for working the Magnesian Limestone Escarpment. The MLP was adopted in 2000 following an extended consultation and publicity process about intended policies and a public inquiry. There is a general presumption against new workings and extensions to existing quarries on the Magnesian Limestone Escarpment (MLP Policy M3(g) and M54). The MLP establishes a comprehensive approach to future Magnesian Limestone working on the Escarpment, aimed at providing for recognised needs whilst minimising the impact of present and future working. In the case of the proposed extension the extraction of limestone is required to gain access to the sand deposits and would not be exported off site instead being used for restoration purposes. However, the proposed extension would be contrary to MLP Policy M3(g).
Need for the mineral
132 The proposals involve the extraction of approximately 2,875,000 tonnes of limestone with some 1,777,500 tonnes being sold for aggregate production the rest being used in the restoration of the site, 1,011,600 tonnes of Permian sand in the permitted quarry, 676,800 tonnes of sand in the permitted Cold Knuckles Quarry, and 415,800 tonnes of Permian sand in the extension to Cold Knuckles Quarry. An average of 332,000 tonnes per year is estimated to be extracted. Magnesian limestone reserves in the remainder of the site are estimated to be up to 20 million tonnes. The underlying sand is a high quality, even grained soft sand used in the construction industry for concrete particularly mortars.
133 The North East Region Aggregates Working Party (NERAWP) Annual Aggregates Report for 2011 indicates that at the end of 2009 3,715,900 tonnes of sand was permitted in County Durham's quarries, equivalent to a landbank of 11.9 years. Following the reassessment of permitted reserves at this site it is now estimated that permitted reserves in the County are now higher, estimated at 4.7 million tonnes, equivalent to a landbank of 15 years. It should be noted that two of the three existing sand permissions in the County will expire before 2021, unless any further permissions are granted to extend the period of extraction. Nonetheless, it is considered that there is still insufficient permitted reserves of sand and gravel available to meet the County's sub-regional apportionment requirements under RSS Policy 43 to 2021, and longer term need to 2030. Current forecasts undertaken by Durham County Council (May 2011) based upon 2009 NERAWP figures indicate a significant shortfall (over and above existing permitted reserves at 2009) of approximately 3.5 million tonnes to 2030, and point to a requirement for significant sand and gravel workings to meet anticipated future needs.
134 The latest NERAWP report figures were complied from mineral returns in 2009. Apart from a small extension to Crime Rigg Quarry (issued in 2010) no planning permissions for new sand and gravel have been granted since the adoption of the MLP. The MLP identified six potential areas of search for new sand and gravel extraction none of which have come forward as planning applications. If approved the sand from the proposed extension would help meet an established need which cannot be met from existing planning permissions or from within an MLP area of search and provide a small but useful contribution to the production of sand throughout the majority of the future plan period to 2030.
135 Work is currently underway to produce a new plan for the County (the County Durham Plan) and as part of work to prepare this the Council has published a consultation report (‘Technical Consultation Report New Minerals and Waste Sites in County Durham November 2010’) which considers the need for further mineral working including additional sand and gravel working over the period to 2030. To date only three proposals have been submitted by operators as potential allocations in the County Durham Plan including a proposal by Sherburn Stone for a site containing 2,500,000 tonnes at Low Harperley near Wolsingham.
136 Having regard to the existing County position and the need for further sand it is considered that there is a need for a significant contribution to the landbank for sand (equivalent to 15 years supply) even if the Low Harperley sand and gravel application is approved, in accordance with RSS Policy 43 and MLP Policy M1 and MLP Policy M12.
137 To enable monitoring and assist the Minerals Planning Authority in the forward planning of mineral resources should planning permission be granted a condition requiring the submission of details of sales and reserves is proposed.
Waste proposals
Principle of the development and need for the facility
138 The Government announced in Waste Strategy 2007 that it was considering, in conjunction with the construction industry, a target to halve the amount of construction, demolition and excavation wastes going to landfill by 2012, as a result of waste reduction, re-use and recycling. Final targets were set out in the Strategy for Sustainable Construction (BERR, 2008), and include: by 2012 a 50% reduction of construction, demolition and excavation waste to landfill compared to 2008; and by 2009 setting an overall target of diversion of demolition waste to landfill. The Government in June 2011 published its Waste Policy Review. The Policy Review notes that the existing halving waste to landfill commitment is on track to meet its 2012 target and highlights that the Waste Framework Directive target is to recovery at least 70% of construction and demolition waste by 2020. The Policy Review acknowledges that there will be some wastes for which landfill remains the best or least worst option which are likely to include some inert materials and wastes to restore quarries and mineral workings .
139 Government guidance in PPG10 (2005) has been transferred to the WLP principally through Policies W1 to W4 (Policy W1 has not been ‘saved’). The strategy for the WLP reflects the principles of national guidance that decisions on waste proposals should be guided by the waste hierarchy which encourages reduction, re-use and recovery of waste as a resource, before consideration is given to disposal as landfill. PPS10 and the waste hierarchy have been updated in 2011 to incorporate changes in the revised Waste Framework Directive (2008/98/EC). This now encourages prevention before preparing for re-use, recycling, other recovery and finally disposal as a last resort. Policies contained in the WLP remain relevant and refer to moving the management of waste up the waste hierarchy without specifying the stages.
140 The 1987 planning permission (covering the southern part of Old Quarrington Quarry and subject of the 15 year working scheme that has been submitted) permits restoration of part of Old Quarrington Quarry through infilling with inert construction and demolition waste. It is estimated that some 400,000m 3 of imported waste would be used in the restoration of the site (58,000m 3 per year) but only in the area covered by the 1987 permission. Cold Knuckles and the extension to it would be restored using limestone that overlies the sand. The source of the imported waste is expected to be the same as the previous incoming waste stream and the majority of soils would be from a 15 mile radius. The variation of condition would not create new landfill capacity but would prolong the effects of working. The environmental effects of the proposal are considered in this report.
141 Although the type of material that would be deposited is of a type that may be recycled or re-used and would be suitable for restoration purposes on other mineral and waste sites it would have environmental benefits in that the proposed restoration landform with ecological benefits would be achieved upon restoration. In addition some of the materials would be screened as part of the recycling facility final disposal and the material would be used to achieve an acceptable landform upon restoration. The proposed restoration scheme has taken into account the implications of the proposed recycling operations and the reduction in waste availability for restoration purposes with the gradual change in emphasis from large scale disposal of wastes in quarries to recycling, recovery and re-use. The applicant considers that the restoration proposals can be achieved. However, against a background of increased recycling and reduced volumes of recyclable material going to landfill it is considered appropriate to impose a condition requiring the annual submission of topographical surveys showing the extent of progressive restoration and levels and to highlight any potential issues about the end uses or timescales as well as provision for a revised restoration scheme to be submitted. The applicant has agreed to such a condition.
142 The proposed recycling facility will occupy a comparatively small area within the existing Old Quarrington Quarry, some 400 metres from the nearest group of houses in Old Quarrington. The operation would remain incidental to the primary activities and would enable the recycling of materials returned from demolition and construction contracts being served with aggregate from the main quarry operation. The impact of the proposed operation on lorry movements is unlikely to be significant given the small scale of operations proposed and the likelihood that wastes will be brought as "backloads" in lorries already visiting to load up with aggregate. Controls on the types of waste to be handled by the proposed facility will be addressed in planning conditions and through waste permitting by the Environment Agency. Operations would be monitored under the overall requirement for the quarry. The proposal, at an active mineral site for the duration of landfilling activities until 2026, does not exceed the life of the quarry which has planning permission until 2042. The proposal accords with MLP Policies M4 and M5 and WLP Policy W39 that encourages the use of recycled and waste materials in place of newly won minerals and MLP Policy M5 provided it can be demonstrated that the development will not unduly prejudice the agreed reclamation timescale for the site and the environmental impacts of the currently permitted development would not be significantly increased. The applicant states that waste materials suitable for re-processing and sale as secondary aggregate will be diverted from the waste stream that would have come in any case to this site. This would not result in unacceptable levels of waste importation into County Durham.
143 Given that there are still large quantities of construction industry and demolition wastes being landfilled, and the contribution that recycled construction and demolition waste is expected to play in place of primary aggregates, it is accepted that there is a need in the County for additional facilities of the type being proposed in accordance with WLP Policy W2.
144 To enable monitoring and assist the Minerals Planning Authority in the forward planning of waste facilities should planning permission be granted a condition requiring the submission of details of the quantity and type of waste imported to the site is proposed.
Residential Amenity
145 The closest settlements to the quarries are Old Quarrington and Quarrington Hill. The access road to the quarry passes within approximately 200 metres of properties within Old Quarrington. Quarrying would progress in an easterly direction towards Quarrington Hill over the 15 year period. The closest properties to the site are Quarrington Farm approximately 100m to the west, properties on Church Street 150m south west, the Heather Lad Inn 20m to the east and Cassop Hill 400m to the east. St. Paul’s Church yard lies adjacent to the permitted planning permission boundary to the east and some 120m from the nearest area of extraction. The church was demolished some years ago and the responsibility for maintenance of the churchyard is with the Parish Council.
146 The proposed working hours for all four applications are longer than the normal operating hours in operation at a number of other quarries in the County (7am to 7pm Monday to Friday). The operator is unwilling to reduce the proposed hours and is of the view that to alter these at the Review there would need for an environmental reason to do so and considers that it has been demonstrated that the site can be operated without significant adverse impact especially since the bypass has been opened. Also to supply contracts conveniently the site needs to open early so loads of aggregate can reach construction sites at the beginning of the working day. Government advice on the principles to be applied when reviewing conditions is contained in MPG14. On the subject of hours of operation, the guidance states that regard should be had to the current working hours of the site and those of other mineral sites in the area, and to the need not to affect fundamentally the economic viability or asset value. It suggests new conditions should limit noise levels and traffic movements in order to provide equal or better protection.
Noise
147 Government guidance (MPS2) advises that during normal working hours (0700 – 1900) and subject to a maximum of 55dB(A) L Aeq 1h (free field), mineral planning authorities should aim to establish a noise limit at noise sensitive properties that does not exceed the background level by more than 10bB(A). It is recognised, however, that in many circumstances this will be difficult to achieve without imposing unreasonable burdens on the mineral operator. In such cases, the limit set should be as near to that level as practicable. During the evening (1900 – 2200) limits should not exceed background level by 10dB(A) and during the night should not exceed 42dB(A) L Aeq 1h (free field) at noise sensitive properties. MPS2 also recognises that mineral operations will have some particularly noisy short term activities that cannot meet the limits set for normal operations. These include soil stripping and the construction and removal of mounds. The advice is that increased temporary daytime noise limits of up to 70dB(A) L Aeq 1h (free field) for periods of up to 8 weeks in a year at specified noise sensitive properties should be considered in order to facilitate essential site preparation and restoration work and construction of baffle mounds where it is clear that this will bring longer-term environmental benefits to the site or its environs. Where work is expected to take longer than 8 weeks a lower limit over a longer period should be considered and in wholly exceptional cases, where there is no viable alternative, a high limit for a very limited period may be appropriate in order to attain the environmental benefits.
148 There are currently no conditions controlling noise levels at the quarries. A noise assessment has been carried out as part of the proposals the results of which are contained in the ES. Monitoring was undertaken at properties and locations around the site including The Heather Lad Public House, Church Street at Quarrington Hill and Quarrington Hill Farm between 0700 – 1900 (daytime) and 1900 – 2100 (evening). Predicted noise levels (based on a ‘worst case scenario’) indicate that normal site operations would not exceed the nominal limits of 55dB(A) L Aeq 1h and would not be 10dB(A) above measured background levels. The recorded background noise level for The Heather Lad Public House was 41.4dB (daytime) 46.1dB (evening), for Church Street, Quarrington Hill the background noise level was 43dB (daytime) 47dB (evening) and 47.2dB (daytime) 46.6dB (evening) for Old Quarrington Farm. Having taken into account all activities at the site (existing and proposed) the predicted level for normal operations is 49dB (between 0700 - 2100) at The Heather Lad Public House, 45dB (between 0700 - 2100) at Church Street, Quarrington Hill and 45dB (between 0700 – 2100) for Quarrington Hill Farm. A limit of 55dB is proposed for all three locations. A limit of 42dB is proposed for operations between 06:00 to 07:00 (defined as night time in MPS2) at each noise sensitive receptor. Operations during this period would be limited to loading out of material to road going HGV and the subsequent transport of material from the site in order to comply with the lower noise level. All temporary operations could be carried out within the nominal limit of 70dB(A) in any one hour LAeq 1h over an 8 weeks period as specified in MPS2. Predicted levels for temporary operations would range between 47 and 55dB at the aforementioned properties but the MPS2 level of 70dB(A) L Aeq 1h (free field) is proposed as a limit.
149 The assessment concludes that the site is in a rural location with the dominant noise source in the area being the A1 and appropriate noise criteria is recommended. The predictions are based on worst case working situations for properties and the predicted noise levels do not exceed the levels recommended in MPS2. In addition measures to mitigate noise are proposed and incorporated into the design of the scheme and include the location of overburden mounds as acoustic barriers, the use of plant fitted with silencers, and close liaison with local residents regarding potentially noisy temporary site operations.
150 Having regard to the nature and location of operations it is possible that there would be notable changes in some local noise levels during the life of the site especially when working is closer to the Heather Lad Inn and Quarrington Hill and during temporary operations which could have the potential to cause nuisance to local residents. However, the predictions are based on worst case scenarios and the limit for normal operations is within levels in MPS2 and higher levels from temporary works would be limited to 8 weeks in any one year and within acceptable levels as specified in Government policy statements. The EHO has no objections. In view of this and given suitable controls would be put in place to ensure that these limits are adhered to, it is considered that the proposals would accord with MLP Policy M36 and WLP Policy W33.
Air Quality
151 Mineral sites give rise to dust issues and it is accepted that the generation of dust can only be minimised and controlled rather than eradicated. The impact would depend on wind speed, the degree of rainfall and surface topography. The assessment considers that the potential for the creation of significant quantities of dust is minimal due to the nature and method of extraction. The ES has assessed the potential impact of dust from the proposed site at sensitive receptors concludes that emissions would be negligible and the impact would be insignificant.
152 It is considered that the majority of dust from the site is expected to be larger particles that do not circulate more than 100m but the assessment has considered receptors that are within 200m to account for smaller particle emissions. Potential dust sources are identified as being associated with soil stripping and storage, overburden excavation, mineral extraction, transport, processing, landfill and restoration. Water pumped from an existing ground water sump at the base of Old Quarrington Quarry would be used to control dust emissions. Four properties have been identified as being potentially sensitive to dust. These being: The Heather Lad Public House, Church Street at Quarrington Hill and Quarrington Hill Farm. The dominant winds in the area would carry dust in a north easterly direction and properties in that direction are more at risk from wind blown dust. In order to minimise the impact on the Heather Lad Public House a standoff of 150m is proposed. Extraction operations would take place in the quarry void (depth of 30 – 40m) and the topography of the area would assist in controlling dust.
153 Cassop Vale SSSI, Crow Trees Nature Reserve and Quarrington Hills and four water courses, tributaries of the River Wear, between 300m and 1km of the site have been identified as being possibly sensitive to dust and sediment. However, the ES concludes that the impact of dust deposition on terrestrial vegetation is temporary and of short duration as dust deposits would be washed off by rainfall and would represent an additional loading of suspended solids on water courses. Water quality is unlikely to be affected.
154 A Department of Health and Department of the Environment, Transport and the Regions research study: The Impact of Particulate Matter from Opencast Coal Sites on Public Health, was published in December 1999. MPS2 guidance reflects the good practice recommendations made in the report. The key assessment criteria are the proximity of residential communities to a site and background levels of small particles (PM10) in relation to the National Air Quality Standard. The proximity distance to settlements for assessment purposes is 1km. There are a number of isolated properties within 1km of the site but no settlements. The ES considers air quality and health and considers that no or very little overburden would be encountered at the proposed site. Where present material lying above the sands and gravel comprises subsoils, clays and silt. It is considered that any potential increase in PM10 concentrations associated with the existing and proposed operations would be substantially less than 5µg/m 3 (typically opencast site operations can produce 2 µ g/m 3 of PM10s and landfill sites between 3 µg/m 3 and 5µg/m 3) and that an increase of this size would not exceed National Air Quality Standard. It is noted that the site is located in countryside used for agriculture and close to a major road as well as settlements and industrial areas which would contribute to emissions.
155 Although operations have the potential to generate dust there are unlikely to be significant adverse effects on the surrounding area and appropriate mitigation measures would be put in place to minimise the impact of dust. The submission of a dust action plan and requirement for dust monitoring can be covered by planning conditions together with a package of other measures. These would include use of wheel cleaning equipment, sheeting of vehicles, a speed limit of 10mph, reduction in drop heights, the provision and use of dust suppression equipment and the seeding of soil storage areas. In addition a Pollution Prevention and Control permit issued by the Environment Agency is in place. The crushing and screening as part of the proposed recycling activity would also be subject to an Environmental Permit. The EHO has no objections to the proposed development in terms of dust. Given the mitigation measures proposed it is considered that the proposal would accord with MLP Policy M36 and WLP Policy W33.
156 Comments have been made regarding red dust possibly associated with the previous recycling facility. However, as the site has not crushed bricks at the site it is considered that the dust originated from elsewhere. Measures to control dust are proposed including use of a water bower to dampen stockpiles, control of drop heights, stopping work in high winds and sheeting of vehicles.
Blasting
157 Blasting is currently carried out at Old Quarrington to fracture the limestone. The three effects associated with blasting, are ground vibration, air overpressure (or air blast wave) and projected rock particles (flyrock). The extent of disturbance is dependant on a number of factors including type and quantity of explosive, degree of confinement, distance to nearest buildings, the geology and topography of the site and atmospheric conditions. The ES advises that ground vibration would be of a relatively low order of magnitude and would be entirely safe with respect to the possibility of the most cosmetic of plaster cracks. All vibration would conform with levels in Government guidance and advice. In terms of air overpressure it is concluded that with so low ground vibration levels all accompanying air overpressure would also be very low and safe but possibly perceptible on occasions at the closest of properties. However, it is stated that if recommendations are followed there is no reason why blasting operations within the development would give rise to adverse comment due to induced vibration at any of the dwellings or structures in the vicinity.
158 It is proposed that blasting would occur between 10:00 and 16:30 Monday to Friday. Measures would also be taken to minimise overpressure and avoid flyrock and can be controlled through condition. Blasting currently takes place one a year and it is proposed through condition that it would not take place more than once a week. A standoff of 150m from the Heather Lad Inn is proposed and would be secured by condition.
159 Blasting would take place within 500m of a group of 10 or more dwellings in Church Street during the working of phases 3, 4 and 5, with the exception of working in phase 4, planning permission already exists. The working of phase 4 would bring blasting 140m closer to the properties. The design and calculation of blasts would ensure that the vibration levels at all nearby properties are controlled and kept within permitted limits. It is proposed that ground vibration as a result of blasting would not exceed a peak particle velocity of 6mm per second in 95% of all blasts measured over a 6 month period. This would be in line with normal planning requirements on mineral sites and is proposed through condition. The EHO has no adverse comments to make regarding blasting. The blasting proposals associated with the mineral extraction would not conflict with MLP Policies M36 and M37.
Biodiversity interests
160 Cassop Vale SSSI (with ancient woodland) lies partly within the larger permission area but is located some 250m to the north of the proposed working area, there are therefore no immediate potential impacts on the SSSI. Quarrington Hills Grasslands lies 286m south of the proposed extension and some 430m from the closest point of the currently permitted quarry. Quarrington Hill and Coxhoe Bank Local Wildlife Site is partly located within the permitted areas and the area of the proposed extension. Coxhoe Ponds Local Wildlife Site lies some 760m to the south west. Crow Trees Nature Reserve is to the south.
161 A number of detailed ecological surveys were undertaken both prior to and during consideration of the application including surveys for breeding birds, butterflies, bats, great crested newt, reptiles and badgers.
162 Although the northern part of the Old Quarrington permission area has botanical value and is designated a SSSI, given past and continued disturbance the active area of Old Quarrington Quarry is considered to be of limited ecological value supporting little flora or fauna. Cold Knuckles Quarry and the extension area contain areas of scrub and calcareous grassland (a habitat of priority conservation importance in the Durham BAP) and a range of species typical of magnesian limestone and is considered to be of county value for its botanical interest. Cold Knuckles Quarry is considered to be of local value to bats, county value for its ornithological interest and national conservation value for populations of invertebrates. With regard to flora, mitigation measures are proposed that seek to retain the most important existing habitats wherever possible, phasing the of loss of habitats, translocation where possible and restoration to nature conservation afteruses through the creation of new habitats and the improved management of the retained habitats. Such measures to be secured through condition.
163 The site is of local interest for breeding birds and contains a number of BAP species birds on the red and amber lists but no Schedule 1 (of the Wildlife and Countryside Act 1981) breeding species. No nationally scheduled or regionally significant populations of birds were recorded but Cold Knuckles Quarry is considered to be of County significance in terms of bird value and includes 19 species of national conservation concern. A number of operations would have potential to cause the loss of breeding and foraging habitat for birds (such as vegetation clearance and blasting) but conditions can be imposed restricting the timing of vegetation clearance and blasting to outside of the breeding season to minimise the risk of any birds being harmed or active nest destroyed. It is unlikely that there would be long term implications on the bird population from working and restoring the proposed areas. Conditions are proposed through the Review that secure a number of mitigation measures. If planning permission is granted such conditions can be secured on the extension to Cold Knuckles and variation of condition proposals.
164 Whilst there would be some localised nature conservation effects from the loss of some areas with botanical interest the proposal would provide a more varied and sustainable habitat for wildlife and one that is appropriate to the ecology of the area. The proposed after uses would meet objectives set out in the Biodiversity Action Plan to increase the amount of calcareous grassland and hedgerows in County Durham.
165 A number of species of butterfly have been recorded including the Dingy Skipper and Northern Brown Argus. The proposals have the potential to affect nationally important populations of butterfly through the alteration and loss of habitats and plant species upon which they depend. However, mitigation measures are proposed that include the creation of suitable habitats to support the butterfly populations and then monitor butterfly populations to assess whether translocation is required.
166 In terms of protected species, bats were recorded as using Cold Knuckles quarry cliffs as a roosting resource but are unlikely to provide suitable maternity roosts. In order to minimise the risk of disturbing or harming any bats roosting in the quarry faces conditions would ensure that works affecting the quarry faces would be carried out in an appropriate manner and after appropriate checking surveys. There would also be monitoring of unaffected cliff faces, habitat enhancement for bats and inclusion of a number of bat friendly feeding habitats when the site is restored. In addition in order to maintain roosting opportunities during the working phase 20 bat boxes would be located outside of the working area but in a position which is accessible to any bats disturbed by the works.
167 There is the potential for other protected species within the development area to be affected by works but as quarrying is to be phased over a number of years and across the site then the conditioned checking surveys will identify where and when further mitigation will need to take place. Great crested newts are present in ponds within 500m of the development area and a Natural England protected species licence would be required to allow any works to commence within a 500m radius of the ponds, this will be applied for at the appropriate time as works proceed.
168 The presence of bats and great crested newts is a material consideration in planning decisions as they are a protected species under the Wildlife and Countryside Act 1981 and the European Union Habitats Directive and the Conservation of Habitats and Species Regulations 2010. The Habitats Directive prohibits the deterioration, destruction or disturbance of breeding sites or resting places of protected species. Natural England has the statutory responsibility under the regulations to deal with any licence applications but there is also a duty on planning authorities when deciding whether to grant planning permission for a development which could harm a European Protected Species to apply three tests contained in the Regulations. These state that the activity must be for imperative reasons of overriding public interest or for public health and safety, there must be no satisfactory alternative, and that the favourable conservation status of the species must be maintained.
169 In terms of the 3 derogation tests it is considered firstly that there are no satisfactory or realistic site alternatives in this case as minerals can only be extracted where they occur. There are concerns with the longterm stability of the Cold knuckles Quarry and Bridleway No. 34/35 the proposed working scheme would address these concerns as well as satisfying a need for addition sand reserves. Alternative methods of working the site to exclude the area within 500m of the ponds would preclude working of the area identified to be worked in the next 15 years, which in part already benefits from planning permission. There is a moderate risk that great crested newts are present within the proposed extension area to Cold Knuckles but unlikely to move further north into the quarry due to the presence of the cliff and distance from the pond. If planning permission is granted for the development having regard to the relevant material issues then it is also in the public interest that a permission is capable of implementation. Having regard to all these factors and mitigation measures proposed it is considered that the local planning authority can properly discharge its legal obligations under the Habitats Regulations.
170 Those making representations have noted that certain bird species such as owls were not recorded in the surveys contained in the ES. Although certain species may not have been spotted when the surveys were carried out mitigation measures proposed are applicable to other species such as owls.
171 Although within the Quarrington Hill and Coxhoe Bank Local Wildlife Site, the effect on biodiversity interests relate more to the minerals development given the proposed secondary aggregates recycling facility is located on backfilled land in the quarry void.
172 There would be a loss of habitat and disturbance in the short and medium term but with mitigation measures proposed it is not considered that there would be a significant impact upon the conservation status of the site in the medium to long term. On the balance of biodiversity issues, it is therefore concluded that the proposed benefits within a comprehensive programme of restoration and management, would outweigh any adverse impacts that working would have on the existing ecology of the area. Natural England has no objection to the proposed development. The proposals would be in accordance with MLP Policies M27 and M29 and WLP Policy W13.
Landscape and Visual Impact
173 The site lies within the East Durham Limestone Plateau county character area, the Limestone Escarpment broad landscape type, and the Northern Limestone Escarpment broad character area identified in the County Durham Landscape Character Assessment 2008. The site is made up of Escarpment Ridges and Spurs: Open Pasture and Old Limestone Quarry local landscape types. The County Durham Landscape Strategy 2008 indicates that the appropriate strategy for the site should be to ‘restore or enhance’ the character of the open pasture and to conserve and ‘conserve and enhance’ the character of the former quarry.
174 The existing quarry is surrounded by semi-improved pasture/grazing land to the north and east. Areas of woodland lie to the north on the slopes of the Cassop Vale SSSI. The south of the escarpment consists mainly of gorse and hawthorn scrub beyond which are mainly arable farmland interspersed with pasture. To the south east within the Crow Trees Local Nature Reserve is an area of young mixed deciduous woodland. The current permitted area is made up of pasture land to the north (the area to be worked in the next 15 year period) and active quarry in the south with some restored areas and areas yet to be worked. The Cold Knuckles permission area and proposed extension area lie on a steep south western facing slopes of the limestone escarpment (180m AOD falling to around 130m AOD at the base) surrounded by areas of scrub and overlooking lowland valley terraces.
175 The proposed working area is visible from a number of vantage points in the vicinity and further a field to the west and south west. The site is well contained by surrounding landforms in views from the north, east and south. Residential properties closest to the working area at the northern edge of Quarrington Hill have direct westerly views towards Cold Knuckles and the proposed extension. Properties at Old Quarrington and the Heather Lad Inn have more restricted views. There are distant views of Cold Knuckles Quarry and the proposed extension from Ferryhill, Cornforth, Tursdale, Hett, Metal Bridge and at Thinford roundabout. A number of public rights of way and areas of public open space in the area have direct and indirect views.
176 The proposals would have their highest impacts on nearby parts of Quarrington Hill and particularly residential properties in the Church Street area, the adjacent playing field, and the Crow Trees Local Nature Reserve. Extraction works at Cold Knuckles would be very prominent and views of the quarry void would be opened up leading to substantial adverse impacts. These impacts would be of a temporary nature, although they would be sustained over several years, and have been reduced as far as is practical by the progressive method of working, backfilling and restoration proposed. The proposed workings would be visible from more distant view points to the south and south west. Impacts in these wider views would be of a low or moderate order of magnitude due to distances involved and the screening effects of existing and proposed boundary vegetation.
177 The visual impacts of the development would also be experienced from a number of public footpaths in the vicinity of the site including the route that is to be upgraded to the south of Bridleway No. 34/35 and the additional proposed link to Church Street, and from parts of the wider network of paths in the area. Direct views from the road network, including the B6291, would vary due to the screening effects of topography and vegetation. Impacts would generally be of a low or medium order of magnitude.
178 The working method has been designed so as to minimise the visual impact on neighbouring settlements with progressive restoration limiting the extent of disturbed land visible at any one time. Other mitigation measures include: retention of vegetation on the lower slopes of the Cold Knuckles escarpment; the early restoration of the disturbed section of the proposed extension area; seeding of soil mounds; early habitat creation; standoff areas from the Heather Ladd Inn and St Paul’s Church yard to help screen views; restoration proposals to restore the landform to more natural contours blending into the surrounding landform, and extensive habitat creation.
179 The proposals would have moderate to substantial adverse effects on the character of the site and surrounding landscape during the operational period due to the loss of vegetation, the modification of the landform, and the visibility of quarrying operations. Impacts would be localised and of a temporary nature, although sustained over several years, and would be offset by long term benefits including the development of a stable and naturalistic landform in the area currently occupied by Cold Knuckles quarry. The restoration proposals would be broadly consistent with the adopted landscape strategy for the area.
180 The cumulative impact of the proposed working area with existing quarries within 5km (Joint Stocks, Coxhoe (Raisby), Cornforth East and West, Thrislington, Witch Hill and Crime Rigg Quarries have been considered in the ES. In general the presence of high ground on the ridges to the immediate north and south of the quarry restricts intervisibility between it and other quarries. There would be some viewpoints, particularly to the south-west where the proposals would be seen in combination with one or more existing quarry. These tend to be viewpoints at some distance where the quarries are seen in visually complex panoramas and cumulative impacts arising from these proposals would be small.
181 Having regard to the overall balance of landscape and visual affects it is considered that the impact of the proposals would be acceptable. The restoration proposals would accord with MLP Policy M24 in that these have regard to the quality of the local landscape and seek to provide improvements to it where appropriate. While there would be significant impacts on the visual amenity of some residential properties in Quarrington Hill, and users of the playing field and Local nature Reserve, the proposals would accord with MLP Policy M36 in that mitigation measures have been put in place that seek to reduce visual intrusion to an acceptable level.
182 The recycling facility would be located within the quarry void, and, as is the case with the existing quarrying and landfill activities, would be screened from view from these properties and most other potential viewpoints. The proposal accords with WLP Policy W33 in this respect.
Cultural Heritage
183 There are no listed buildings, Scheduled Ancient Monuments or Conservation Areas designations on the application sites. A desk based assessment was carried out that indicated an unknown potential for prehistoric to Romano-British or medieval to post- medieval remains.
184 The assessment identified a number of features of local significance that would be affected by the development proposals. These being the loss of features associated with the parish boundary (a hedgerow, a bank adjacent to the parish boundary, removal of a gully), the loss of evidence of early small scale quarrying and associated activities in the field opposite the Heather Lad Public House. Potential loss of unknown archaeological remains including the field surrounding the site of St Paul’s and the field opposite the Heather Lad Public House, loss of the surface of Bridleway No. 34/35 along Cold Knuckle ridge, and the destruction of a historic track-way first shown on the 1898 OS map.
185 Despite the fact that the majority of the area subject to the applications has been disturbed by quarrying it is considered possible that evidence relating to quarrying and industrial activities dating back to the Iron Age may be encountered. Given the location there is also a possibility for evidence of early settlement. The ES recommends that strip and record should be implemented during all topsoil stripping with a contingency for mitigation if archaeological remains are disturbed.
186 Upon restoration the provision of interpretation boards explaining the history of the site and its surroundings are proposed and would provide a beneficial link to the historical past. Subject therefore to the imposition of appropriate conditions the archaeological officer has no objections to the proposals, which would accord with MLP Policy M30.
Recreational amenity
187 The area has an established and well used public rights of way network. Bridleway No. 34/35 runs between the Old Quarrington and Cold Knuckles planning permission areas with an unregistered route (the bottom route) below the Cold Knuckles permission area. The Crow Trees Heritage Trail passes through the Crow Trees Nature Reserve to the south and is a series of walks called ‘Of Wooded of Vales and Limestone Hills’. A cycle/bridleway route called Limestone Linx (LL) is proposed in the vicinity of the Crow Trees Nature Reserve in the near future.
188 The proposed arrangements during the proposed scheme of working require the stopping up of Bridleway No. 34/35. The route to the south of Cold Knuckles would be dedicated as a bridleway and resurfaced along with a new circular route around a field in Tarmac’s ownership to the south. The new routes would be made available at the commencement of operations. In addition a new section of bridleway would be provided parallel to Church Road to provide an off road link to the bridleway at the side of the Heather Lad Public House. Although Bridleway No. 34/35 would be closed during working a new bridleway would be created on an almost identical route and be available for use upon the completion of Phase 5 and would also be dedicated. The long term stability of Bridleway No. 34/35 is a concern to the applicant as rock faces in Cold Knuckles are weathering backwards such that it will ultimately become unsafe. The applicant is proposing a permanent solution and considers that the proposal would deliver a safe route for the long term enjoyment of the area which justifies the closure during working.
189 Local residents have raised issues in relation to public rights of way. They questioned the status of the bridleway below Cold Knuckles Quarry, the legitimacy of diverting Bridleway No. 34/35 onto route that has been used for many years and is likely to be a claimed right of way. It is considered that there is no gain by allowing use of the bottom track as it is already a right of way. Through dedicating the southern route the applicant formalises the status of the bridleway and also provides a circular route until the replacement Bridleway No. 34/35 is created that would follow the crest of the recreated scarp slope at Cold Knuckles.
190 Residents have suggested that the proposed circular route be extended into the Crow Trees Nature Reserve. Although the Council permits horse riding in the Nature Reserve this is not widely encouraged and a formal link through it is not considered appropriate given the ecological value of the Reserve. At the quarry liaison meeting on 16 June 2011 Tarmac agreed that the Company will discuss and agree future bridleway extension links south on land in their control, connecting to the nature reserve, subject to the approval of the Council.
191 A further issue raised by local residents relates to the route of the alternative rights of way. Residents contend that the applicant previous discussed an alternative route in the northern part of the larger permission area. However, the applicant has stated this route cannot be offered for a number of reasons including: the land is owned by a third party who will not agree to the creation of a bridleway; the operator has a right of access over the access road to the quarry which is only for the purposes of mineral extraction and not access for horses and it is understood that the landowner would not agree to this, and for health and safety reasons there is a need to avoid shared access routes for quarry traffic and horse riders or pedestrians and to avoid crossing points wherever possible.
192 Concerns have been raised regarding the effect on users of the bottom route during blasting. The applicant has advised that the bridleways would be closed off for a few minutes with site operatives restricting access at each end of the bridleway and checking the route prior to blasting. Through condition a blast vibration monitoring scheme would be submitted that would, amongst other matters, include details of the siting of warning flags and notice boards and procedures for informing occupiers of adjacent residential properties of blasting procedures.
193 It is considered that the footpaths across the site provide good opportunities for countryside access and informal recreation for the nearby population. The use of Bridleway No.34/35 would be directly affected by the proposed development but, the proposed arrangements to ensure the continued use of public rights of way during and after mineral extraction are considered acceptable and there is likely to be a positive long term effect upon the recreational value of the countryside arising from increased public access. The proposals would therefore accord with MLP Policy M35. The proposed secondary recycling facility would not affect public rights of way.
Agricultural quality and use
194 Existing planning permissions cover some 81 ha. Of this some 50.8 ha forms part of the current proposals for the working period until 2025 and 4.76 ha for the proposed extension areas and are predominantly quarry workings. Land to the north outside of the area to be worked beyond 2025 is in agricultural use. Areas of undisturbed land within the proposed working being considered comprise Grades 3a and 3b under the Agricultural Land Classification. Grades 1, 2 and 3a being recognised as being best and most versatile. The remaining soils to be stripped are within Phase 5 to the east. Covering some 1.5 ha and falling within Grade 3b. The site would be restored to nature conservation uses but there would be an element of agriculture through the creation of 38 ha of species rich grassland (magnesian limestone grassland and calcareous grassland) that would be grazed as part of its management.
195 Conditions are proposed controlling soil stripping, handling, storage and replacement for the review and would be imposed should planning permission be granted for the extension and extension of time permission. The handling and storage of soils would be carried out in line with good practice and adequately controlled and the land subject to the statutory 5 year aftercare period. Natural England, in terms of its soils, land use and reclamation remit has no objections to the proposals.
Hydrology and hydrogeology
196 There are four streams located within 2km of the proposed working area. Tursdale Beck, a tributary of the Croxdale Beck that flows to the River Wear, is some 300m to the south arising from spring fed ponds and flows in an north east to south west direction and partly into the Crow Trees Local Nature Reserve. Bowburn Beck lies 1km to the west flowing in an east to west direction. Whitwell Beck is 1.1km to the north west flowing in a south east to north west direction and Chapman beck is some 400m to the north west flowing in a north westerly direction. There are no watercourses within the proposed working area. The site is within Flood Zone 1 and a Flood Risk Assessment (FRA) has been submitted with the application. The FRA notes that mineral sites are classed in PPS25 as less vulnerable and offer opportunities for water attenuation and prevention of flood risk downstream and notes that none of the proposed works would increase flood risk or cause increased floodrisk or change surface runoff regimes off site.
197 The proposed working area lies on the Magnesian Limestone Aquifer, is within a groundwater vulnerability area and within a Source Protection Zone associated with six public water abstraction boreholes the closest being some 10km to the south east. There are three Environment Agency consented discharges within 500m of the site. Dewatering is not proposed as the site is above the natural watertable and would be dry worked to the current depth of extraction, this being 40m. All surface water entering the site would drain down to the underlying watertable in the sand and limestone reserves which act as a natural filter preventing sediments reaching watercourses.
198 Mitigation measures have either been incorporated into the design of the site or are proposed through condition. The ES states that the landfill operations include agreed mitigation measures for the PPC Permit (now referred to as an Environmental Permit) issued by the Environment Agency in 2005 and operations comply with landfill and groundwater regulations. The ES considers that the potential impact upon the water resources is insignificant through the integration and adoption of mitigation measures in site design and management and no residual impacts are anticipated upon completion and site restoration.
199 Concerns have been raised by those making representations regarding possible contamination or loss of supply of water to the Crow Trees Local Nature Reserve. The applicant has stated that as dewatering is not proposed it is not considered that water bodies in the reserve would be depleted. All fuel tanks are bunded and no adverse effect on water quality is expected. Concern has been raised by residents of Old Quarrington regarding the impact on their water supply. There is a Northumbrian Water Limited water pipe that runs along the route of Bridleway 34/35 and it will be for the applicant to negotiate the repositioning of this pipe with Northumbrian Water Limited who in turn will be responsible for maintaining a water supply to residents.
200 Based on available information the proposals would not have unacceptable adverse environmental effects in terms of hydrology and hydrogeology. No surface or ground water issues have arisen that cannot be controlled through mitigation measures and other pollution controls regulated by the Environment Agency which has no objections to the four proposals. The proposals would therefore accord with MLP Policy M38 and WLP Policy W26.
Access and traffic
201 Access to the quarries and proposed recycling facility would be along the existing purpose-built surfaced quarry access road that runs from the west from the A688 Wheatley Hill to Bowburn bypass.
202 Vehicle numbers are There are currently no limits on vehicle numbers associated with existing mineral extraction and waste disposal planning permissions and through the review none are proposed. As the haul road links directly to the A688 bypass the operator does not propose a restriction on vehicle movements for quarry operations. The Head of Transport does not consider a restriction on vehicle movements for any of the developments proposed to be necessary.
203 Near to where the access road reaches the quarry entrance it runs alongside a well used bridleway, and two other public rights of way cross the access road along its length. The impact of the proposals on the amenity of the users of these rights of way is unlikely to be significant in the wider context of the existing permitted operations. Warning signs can be provided for by condition, should planning permission be granted and is proposed in the Review conditions.
204 The Head of Transport has no objections to the proposals. The provision and maintenance of a wheel wash facility, measures to ensure that the highway is kept clear of mud or debris and the sheeting of vehicles are proposed through planning condition through the Review and would be imposed on the other developments should planning permission be granted. The proposed development would accord with MLP Policies M36, M42 and M43. The proposed recycling facility would accord with WLP Policies W31, W32 and W33.
Cumulative impact
205 Central Durham has been subject to mineral extraction on the Magnesian Limestone Escarpment for many years and there are a number of quarries and former quarries in the immediate vicinity of the application site. These include Running Waters Quarry (a dormant quarry) 1.7m to the north, Witch Hill Quarry (currently inactive with planning permission until 2042) 1.8m to the north, Crime Rigg Quarry 3.3km to the north east, Coxhoe Quarry some 700m to the south restored through tipping, Joint Stocks Quarry 1.1m to the south a former quarry currently being restored through tipping with municipal waste. Coxhoe (Raisby) Quarry lies 2.2km to the south east (planning permission to extract mineral until 2018 and restoration 2 years thereafter), some 3km to the south west lie Cornforth East and West Quarries, Thrislington Quarry (4.3km) to the south west (planning permission for mineral extraction until 2015), Bishop Middleham Quarry 5km to the south (mineral extraction until 2015 with restoration by means of waste disposal by 2021). In addition a dormant existing quarry, Rough Furze, adjacent to the Thrislington site has planning permission to 2042.
206 The ES has considered the cumulative visual impact. The applicant considers that for other sites to have a cumulative effect, for example in terms of dust, it would have to be within 500m and therefore does not consider it necessary to address. There has been a succession of mineral and waste operations within the vicinity of the application site that have affected the environmental character and quality of the local area and perceptions of it. However, the closest minerals and waste development is some 1.2km from these established quarries. The combined effects of working any large-scale excavation may in itself also have some cumulative impacts on environmental and living conditions and the perceptions of the those within the vicinity of the area. Whilst these have some weight, sufficient information has been provided in this instance, to show that the effects can be effectively mitigated and would not raise material conflict to MLP Policy M45 concerning cumulative effects.
Other minerals and alternatives
207 Planning permission does not exist to remove limestone from Cold Knuckles Quarry and the extension application does not apply to remove it either. Although the concurrent working of limestone and sand are in the spirit of MLP Policy M19 the removal of limestone off site is not taking place. Instead the limestone would be used in the restoration of the Cold Knuckles escarpment, if it were not then the visual impact of the proposals would be increased. Nevertheless, the limestone would be accessible for future use if required.
208 As mineral reserves can only be worked where they are found the consideration of alternative development options has largely involved looking at different ways of on site working the site rather than alternative sites. Consideration has been given to alternatives to the phasing of extraction and inert landfill design, alternative bridleway provision and restoration proposal. Consideration was also given to the cessation of extraction but this would have consequences for the supply of minerals to meet landbank requirements and have implications for the restoration of the site. To exclude the proposed extension would create health and safety issues though the creation of a ridge between Old Quarrington and Cold Knuckles Quarries and the in addition the eastern end of Cold knuckles would not be restored. However, a combination of environmental, legislative and public safety has lead to various alternatives being discounted in favour of the proposed scheme.
Legal Agreements
209 The creation and dedication of the proposed bridleways and replacement of Bridleway No. 34/35 would be covered in a proposed legal agreement under the provisions of Section 106 of the Town and Country Planning Act 1990. The agreement would also render inoperative an existing legal agreement that provides for the construction and use of a new access road for HGVs and the requirement for loads to be sheeted. The access road has been constructed and through condition vehicles would be required to be sheeted. The applicant has also agreed to enter into an Agreement under Section 39 of the Wildlife and Countryside Act 1981 for the management in perpetuity of the area which the proposed scheme of working covers.
Other matters
210 The proposal has generated some public interest and comment. The views received have been documented and the planning related issues considered in the main body of the report. As a result of issues raised by members of the public and consultees further appraisals and assessments and some adjustments to proposed operating arrangements restoration including an increase in the public rights of way proposed.
211 The request that a representative geological section is preserved has been considered and the applicant has advised that the Company facilitate site visits to view the geological sequences of the interfaces of the sand and marl as a matter of routine and will endeavour to do so for the life of the site. However, leaving an exposure of this sequence in the restoration would involve leaving a 8 – 10m face of limestone and 5m of sand which would be too high to be left as a permanent face.
212 There is an established site liaison committee that meets every six months. The liaison committee provides a forum for the operator and community representatives to engage with each other about site related issues, activities and concerns. The requirement to hold liaison meetings is proposed through condition.
CONCLUSION
213 The Environment Act 1995 provides for authorities to determine conditions different from those submitted by an operator, provided that these do not restrict working rights to an extent permission that would unreasonably prejudice the economic viability or asset value of the site, when compensation would be payable. The scheme of conditions first submitted by the operator has been considerably amended as a result of consultations, representations and discussions. The schedule arrived at as a result of such thorough reassessment in the review process provides a suitable updated framework for continued working and eventual restoration. Not least, rationalised and effective planning controls over the whole site will make implementation and monitoring of the wide range of environmental controls better. The review schedule generally accords with the County Council’s normal format for conditions attached to quarry undertakings. The review schedule accords with Government Guidance on review of old mineral permissions without restricting working rights at the site further than before the review.
214 There is a need to ensure a steady and adequate supply of sand and gravel and help meet future need over the life of the County Durham Plan as well as sub regional apportionment targets specified in Government guidance and the RSS. Notwithstanding the current economic climate, the release of additional sources of sand are justified to meet an identified regional and County need. Areas of search identified in the MLP have not resulted in planning applications. Having regard to development plan policy requirements relating to the need for sand it is considered that new sites or extensions to existing sites are required in order to meet an indentified need for additional reserves.
215 Old Quarrington and Cold Knuckles Quarries are established minerals sites with a planning history dating from 1952 with current permissions that extends to 2042 and 2012 in respect of the 1987 permission. The MLP seeks to prevent any further mineral extraction on the Magnesian Limestone Escarpment. The variation of condition application would not physically extend magnesian limestone workings beyond what is currently approved. The impacts of working and restoration would be prolonged until 2026 but on balance the need for sand and the environmental benefits associated with the achievement of the proposed restoration scheme would outweigh any reservations regarding extending operations in this respect.
216 The proposed quarrying extension is small (4.76 ha extension area, 3.18 ha excavation area) but visual, and will usefully add to reserves of sand able to be worked from land adjacent to an existing quarry. The 4.76 ha extension (3.18 ha excavation area) to Cold Knuckles Quarry would represent a minor justified departure from Policy M3 and M54 but would not lead to increased unacceptable environmental impacts, it will permit the progressive restoration of the existing quarries as well as assisting the County in meeting its future needs. Given the scale of the extension, the need for sand as well as longer term concerns regarding the safety of Bridleway No. 34/35 and opportunity to work the extension in conjunction with the larger permitted area to recreate the escarpment it is not considered to be of such a scale or significance as a departure that the implementation of the principles of the Development Plan would be prejudiced
217 Each of the minerals applications for planning permission is acceptable in policy terms, and small scale in relation to existing operations at Old Quarrington as a whole. Conditions contained within the quarry review schedule would also apply to the proposed minerals developments (with minor differences), to provide the requisite environmental protection and control. If the package of applications is not approved then the operator would be required to submit a new scheme and working of restoration conditions for Old Quarrington and Cold Knuckles Quarries.
218 The recycling proposal for incoming inert waste lies within an existing quarry working where landfilling already takes place, and is itself distant from residential properties. Development Plan policies and new Government policy, which seeks to concentrate on waste as a valuable resource and its disposal to landfill only as a last resort, are generally supportive of proposals that help to recycle waste. The proposal represents an opportunity to produce useful secondary aggregate without at the same time adding to total lorry movements envisaged in the quarry’s overall operation. It would be sited so as to be scarcely noticed in the context of quarrying operations, and planned and controlled to limit the scale of operations and minimise environmental impact.
219 The proposals have generated some public interest with representations reflecting the issues and concerns of local residents affected by the proposed developments. Whilst there would be some impacts upon local amenity associated with noise, dust, blasting and visual impact at certain stages of the development these would be at acceptable levels and can be controlled through the implementation of appropriate mitigation measures and planning conditions.
RECOMMENDATION
220 In the interests of securing overall up-dated standards and controls, following thorough assessment and review, I recommend the Committee to APPROVE the attached comprehensive scheme of conditions for working and restoring Old Quarrington and Cold Knuckles Quarries as set out below, subject to delegating to the Head of Planning authorisation to make minor adjustments as may be necessary.
221 That the applications for: an extension of the permitted extraction area adjacent to Cold Knuckles Quarry and for the variation of condition to allow the extension of time for mineral extraction and restoration through landfilling both be APPROVED subject to controlling conditions and subject to delegating to the Head of Planning authorisation to make minor adjustments as may be necessary, and completion of a new legal agreement. Please note that the conditions contained within the new scheme of conditions for working and restoration would be applied to the extension and variation of conditions. Additional conditions or conditions that would not be included for these developments are highlighted at the end of the Review conditions.
222 The application for the re-establishment of the secondary aggregate recycling facility with removal being linked to the cessation of landfilling activities on site or 2026 whichever is earlier be APPROVED subject to appropriate conditions as set out below, subject to delegating to the Head of Planning authorisation to make minor adjustments as may be necessary.
SCHEDULE OF NEW CONDITIONS CONSEQUENT TO THE FIRST REVIEW UNDER THE ENVIRONMENT ACT 1995
Preamble
Drawing No. NT03028/Fig 1.3 identifies the extent of Planning Permission Nos. CA7137, CA12034 and CA15517 and also the extent of Planning Permission No. 4/86/456CM. All three permissions are being reviewed; however, under this schedule of conditions only land within the area identified as ‘EIA Study Area’ as shown on Drawing No. NT03028/Fig 3.1 is to be worked and restored.
APPROVED DOCUMENTS
1. The development hereby approved shall only be carried out in accordance with the approved documents (subject to matters subsequently agreed under subsequent conditions in this schedule):
2. From the date of issue of this schedule of conditions to the completion of soils replacement, a copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with this permission and legal agreements, shall always be on display in the site offices and subsequently, shall be made available to all persons with responsibility for the site’s aftercare and management.
3. Working outside of the ‘EIA Study Area’ as shown on Drawing No. NT03028/Fig 3.1 shall only be carried out in accordance with a further scheme or schemes to be agreed with the Mineral Planning Authority, to be submitted and agreed prior to the commencement of such development, the scope of the schemes having been agreed in advance of submission with the Mineral Planning Authority.
MATTERS REQUIRING SUBSEQUENT APPROVAL
4. The development hereby approved shall also only be carried out in accordance with a scheme or schemes to be agreed, in writing, with the Mineral Planning Authority, which shall, amongst other matters, include provision for the matters listed below and be submitted within the timescales specified.
Within 3 months of the date of this schedule of conditions
(a) Details of the progressive restoration of existing quarry void as shown on Drawing No. NT03028/Figure 3.2 and habitat management which shall include: i) timing of when areas are to be progressively restored and shall include, where appropriate, the following and shall be shown on an appropriately scaled plan (for example 1:1250): ii) phasing of operations; iii) details of the handling arrangements for waste imported to the site for restoration purposes. iv) details of drainage arrangements; v) the final contours for the site (at 2 metre intervals), indicating how such contours tie in with the existing contours on adjacent land; vi) the replacement of soils including depths and handling and replacement methods; vii) the drainage of the restored site, including underdrainage if considered necessary by the Mineral Planning Authority; viii)the erection of fences; ix) Planting details, including trees, hedges, seeding and grassland establishment; (a) the species to be planted, and the percentage of the total to be accounted for by each species; (b) the size of each plant and the spacing between them; (c) the preparations to be made to the ground before planting; (d) the fencing off of planted areas; (e) a subsequent maintenance and management programme during the aftercare period once the hedgerow, tree, and shrub planting has been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease and a detailed schedule as to when the aftercare period commences for each area.
(b) The aftercare of the restored land for five years after the final replacement of soils or soil making material in accordance with Condition 80.
Within 4 months of the date of this schedule of conditions
(c) A noise monitoring scheme including the exact locations of noise monitoring points and proposed monitoring frequency and reflecting guidance in MPS2. The locations of noise monitoring points should be chosen so as to ensure that the possibility of off-site noise affecting measurements is reduced to a minimum.
(d) A definitive Dust Action Plan including the exact locations of dust monitoring points and proposed monitoring frequency and methodology and reflecting guidance in MPS2.
(e) A blast vibration monitoring scheme which shall identify suitable monitoring locations as well as mitigation measures and measures to be implemented during blasting operations to minimise the effects of air overpressure, and details of the proposed monitoring frequency. The scheme shall also include details of the siting of warning flags and notice boards and procedures for informing occupiers of adjacent residential properties of blasting procedures.
(f) Details of drainage arrangements during site preparation and working life of the site.
(g) Details of the type and height of fencing to be provided around the site boundary, alongside alternative rights of way to be provided, and within the site.
(h) Details of wheel cleaning equipment to be installed and its location within the site.
(i) Details of the routes of the public rights of way as shown on Drawing No. NT03028/15/001 (or other subsequently approved drawing) along with details of the surfacing and any other associated and a timetable for their provision.
Prior to the commencement of soil and overburden being removed in each phase of working in phases (1, 2, 3, 4 and 5) as shown on Drawing No. NT03028/Fig 3.1 the first for Phase 1 to be submitted within 3 months of the date of this schedule of conditions
(j) A detailed scheme of working, which shall include timing of when areas are to be progressively restored and shall include, where appropriate, the following and shall be shown on an appropriately scaled plan (for example 1:1250): i) a plan indicating areas stripped of soil, the location of each heap, and the quantity of material in it. ii) details of intended soil stripping and storage, including location of existing and intended stockpiles of soil, soil making materials, overburden, mineral, waste materials on site and their heights within the phase and working quarry area; iii) details of any screening measures proposed; iv) details of drainage arrangements; v) a detailed working method for the phase, including extraction limits; (a) proposed depth of working; (b) phasing of operations; (c) details of design of internal access and haul roads, and if applicable surfacing of them, and provision and surfacing of hard-standings; (d) the erection of any fences as appropriate to their intended use; (18) (e) details of any planting and landscaping. (f) details of screening measures to be undertaken. vi) the final contours for the area that has been restored site (at 2 metre intervals), indicating how such contours tie in with the contours on adjacent land and future phases of restoration.
(k) details of any hedgerow, tree, and shrub planting to be carried out and translocation of any vegetation to take place and habitat creation areas as shown on Drawing No. Drawing No. NT03028/15/001, to be implemented including details of timings of works and shall include:
i) identification of vegetation to be translocated, their intended location and methodology for undertaking these works; ii) identification of the intended location of habitat creation areas and methodology for undertaking these works; iii) the species to be planted, and the percentage of the total to be accounted for by each species; iv) the size of each plant and the spacing between them; v) the preparations to be made to the ground before planting; vi) the fencing off of planted areas; vii) a subsequent maintenance and management programme during the after- care period (including the extended after-care period) once the planting works have been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease.
(l) Details of the restoration and habitat management of the site in accordance with Drawing No. NT03028/15/001 which shall include:
i) the final contours for the site (at 2 metre intervals), indicating how such contours tie in with the existing contours on adjacent land; ii) the replacement of soils including depths and handling and replacement methods; iii) the drainage of the restored site, including underdrainage if considered necessary by the Mineral Planning Authority; iv) the erection of fences; v) Planting details, including trees, hedges, seeding and grassland establishment; (a) the species to be planted, and the percentage of the total to be accounted for by each species; (b) the size of each plant and the spacing between them; (c) the preparations to be made to the ground before planting; (d) the fencing off of planted areas; (e) a subsequent maintenance and management programme during the aftercare period once the hedgerow, tree, and shrub planting has been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease and a detailed schedule as to when the aftercare period commences for each area.
(m)The aftercare of the restored land for five years after the final replacement of soils or soil making material in accordance with Condition 80.
Prior to the commencement of working in Phase 5 as shown on Drawing No. NT03028/Fig 3.1
(n) Details of the replacement to Bridleway No. 34/35 including details of the surfacing and timetable for its provision.
(o) Final restoration and habitat management for the southern part of the area covered by Planning Permission No. 4/86/456CM (as amended) including provision for development of the Planning Permission area to the north of the ‘EIA Study Area’ as shown on Drawing No. NT03028/Fig 3.1 (development of the northern area shall only take place in accordance with Condition 3). Such a scheme shall include
i) Details of the restoration and habitat management of the site in accordance with Drawing No. NT03028/13/3.7(A) which shall include:
ii) the final contours for the site (at 2 metre intervals), indicating how such contours tie in with the existing contours on adjacent land; iii) the replacement of soils including depths and handling and replacement methods; iv) the drainage of the restored site, including underdrainage if considered necessary by the Mineral Planning Authority; v) the erection of fences; vi) the provision of appropriate site interpretation material based on the results of the archaeological works. vii) Planting details, including trees, hedges, seeding and grassland establishment; (a) the species to be planted, and the percentage of the total to be accounted for by each species; (b) the size of each plant and the spacing between them; (c) the preparations to be made to the ground before planting; (d) the fencing off of planted areas; (e) a subsequent maintenance and management programme during the aftercare period once the hedgerow, tree, and shrub planting has been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease and a detailed schedule as to when the aftercare period commences for each area.
(p) The aftercare of the restored land for five years after the final replacement of soils or soil making material in accordance with Condition 80.
COMPLETION
5. All mineral extraction shall cease by no later than 21 February 2042.
6. The workings subject to these conditions shall be restored in accordance with the approved schemes referred to in Condition 4 within 12 months of the completion of mineral extraction, or earlier, in accordance with subsequent conditions in this schedule.
WORKING HOURS
7. Operations authorised by this consent shall be restricted to the following periods:
All quarrying operations except temporary operations and blasting 06.00 hours to 21.00 hours Monday to Friday 06.00 hours to 12:00 hours Saturday
Temporary operati ons (soil stripping, soils handling, soil mound construction and removal and soil replacement) 07.00 hours to 19.00 hours Monday to Friday 07.00 hours to 12:00 hours Saturday
Blasting 10:00 to 16:30 Monday to Friday
No operations including the maintenance of vehicles and plant or working shall take place outside these hours or at any time on Bank, or other public holidays, save in cases of emergency when life, limb, or property are in danger. The Mineral Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working.
ACCESS AND PROTECTION OF THE PUBLIC HIGHWAY
8. Vehicular access to and from the site shall only be via the permitted site access shown on NT03028/13 Figure 3.1 onto the A688 Bowburn to Wheatley Hill trunk road.
9. All vehicles leaving the site shall be cleansed of mud or dirt before entering the public highway. At any times when transfer of mud or dirt onto the public highway occurs, vehicle movements shall cease until adequate cleaning measures are employed which prove effective, or weather and/or ground conditions improve with the effect of stopping the transfer, to the satisfaction of the Minerals Planning Authority.
10. A record of all laden heavy goods vehicles leaving the site shall be maintained by the operator and a certified copy of this record shall be afforded to the Minerals Planning Authority within 2 working days of such a request.
11. The loads of all heavy goods vehicles leaving and entering the site shall be fully covered by sheeting or otherwise fully contained as may be appropriate to the material.
SOIL STRIPPING
12. The Minerals Planning Authority shall be given at least 48 hours notice (excluding Sundays and Bank Holidays), in writing, of any intended phase of soil stripping.
13. All topsoil shall be stripped from any areas to be excavated, or used for the stationing of plant and buildings, the storage of subsoil and overburden, haul roads, and other areas to be traversed by heavy machinery; such materials are to be set aside, carefully stored in defined areas, and maintained until required for restoration. The Mineral Planning Authority shall be given the opportunity to verify that the full depth of topsoil has been satisfactorily stripped prior to the commencement of subsoil stripping.
14. No plant or vehicles (with the exception of low ground pressure types required for approved restoration works) shall cross any areas of unstripped soil except for the purpose of stripping operations.
15. Subsoil shall be stripped from areas to be excavated and areas used for the storage of overburden, haul roads and other areas to be traversed by heavy machinery, and stored in accordance with the scheme required by Condition 4.
16. The stripping and movement of topsoil and subsoil shall only be carried out under sufficiently dry and friable conditions, to avoid soil smearing and compaction, and to ensure that all available soil resources are recovered. Appropriate methods of soil stripping shall be separately agreed with the Mineral Planning Authority for any permanently wet or waterlogged parts of the site.
17. In each calendar year, soil stripping shall not commence on any phase until any standing crop or excess vegetation has been removed, and the Mineral Planning Authority has been given reasonable notice (normally two working days), such works to proceed only subject to their approval.
18. No stripping, movement, replacement or cultivation of topsoil or subsoil shall be carried out during the months of October, November, December, January, February and March inclusive without the prior consent of, by methods and for a period agreed with, the Mineral Planning Authority.
19. Topsoils, subsoils, and other soil making materials shall be stored according to their quality or any approved soils stripping plan, in separate heaps which do not overlap. A minimum stand-off distance of 2 metres shall be maintained between soil storage mounds and the site boundary and/or site drainage ditches.
20. Once formed all soil heaps shall be grass seeded in accordance with a specification agreed beforehand with the Minerals Planning Authority, and kept free from weeds, if the materials are not to be used within 3 months.
21. No topsoil, subsoil or soil making materials shall be removed from the site.
22. An annual soils management audit report shall be submitted by 31 January each year detailing all soil movements for the previous 12 months and include calculations of soil volumes and outstanding restoration tasks.
SITE WORKING
23. The development, including soil handling, storage and replacement, extraction and restoration, shall only be carried out in accordance with the approved documents in Condition 1 and schemes subsequently agreed to in accordance with Condition 4.
24. No mineral extraction or related development shall take place within 150m of the Heather Lad Inn, St Paul’s Church Yard and the closest properties in Quarrington Hill as shown on Drawing No.NT03028/13/Fig 3.7.
25. A strip of land at least 12 metres wide shall be maintained at existing ground levels (except where the storage of topsoil and subsoil stripped from the surface of the site is approved in accordance with Condition 1) adjacent to the highway.
26. At all times work should be carried out in line with an agreed method of working which takes into account the best available information and techniques in relation to protected species, including the protection of such species during working and the restoration of the area to benefit wildlife as works are completed in any area. This should include reinstatement and creation of habitats to encourage the biodiversity of the area.
27. Overburden and soils shall only be stockpiled in the areas shown on Drawing Nos. NT03028/Figure 3.2, NT03028/Figure 3.3, NT03028/Figure 3.4, NT03028/Figure 3.5, NT03028/Figure 3.6 (or other subsequently approved drawings submitted under the requirements of Condition 4), to heights not exceeding 3.5m for topsoil and 5m for subsoil.
28. Mineral shall only be stockpiled in the quarry void and processing yard and shall not exceed a height of 8m or exceed the height of the quarry face. (6)
29. No development shall take place in Phases 2, 3 and 4 as identified on Drawing No. NT03028/Fig 3.1 unless in accordance with the mitigation detailed within Section E of the protected species report ‘A Bat Survey of Old Quarrington/Cold Knuckles Quarry, County Durham E3 Ecology Ltd R01 08.04.11,’ including, but not restricted to adherence to timing restrictions; provision of mitigation in advance; undertaking confirming surveys as stated; provision of low cliff faces within the restoration plan Figure 3.7 of the Environmental Statement.
30. No development shall take place in Phases 2, 3 and 4 as identified on Drawing No. NT03028/Fig 3.1 unless in accordance with the mitigation detailed within section E of the protected species report ‘A Great Crested Newt survey of Old Quarrington/Cold Knuckle Quarry, County Durham E3 Ecology Ltd R03 12.08.09,’ and the Environmental Statement including, but not restricted to adherence to timing and spatial restrictions; provision of mitigation in advance; undertaking confirming surveys as stated; adherence to precautionary working methods; provision of 6 water-bodies and suitable terrestrial habitat within the restoration; monitoring of populations.
31. Areas of scrub shall be cleared by hand and potential refuge sites checked prior to clearing by a qualified ecologist.
32. Checking surveys shall be carried out prior to the commencement of soil stripping and prior to each phase of working identified on Drawing No. NT/03028/Fig 3.1 (or other subsequently approved drawing) to ensure no badger setts have been established on site. If setts have been established or badgers are found to be foraging over the site an impact assessment and suitable mitigation strategy, which must be agreed to the satisfaction of the Mineral Planning Authority, should be devised and adhered to in full.
33. Felling of trees or clearance of scrub will not take place during the bird breeding season unless a qualified ecologist has inspected the site and confirmed there are no nests. No quarrying of rock faces in Cold Knuckle Quarry will be done unless a survey has been undertaken by a qualified ecologist in respect of birds, bats and other protected species. Works will be timed to commence outside the bat hibernation period. A licence will be obtained from Natural England to carry out works to mitigate any effects on Great Crested newts if they are found in Crow trees Nature Reserve in future monitoring visits. Strategies to mitigate potential effects upon protected species will be agreed with the Mineral Planning Authority
34. Checking surveys for bats of all quarry faces to be disturbed shall be carried out prior to their disturbance the results and be given in writing to the Mineral Planning Authority within 2 working days of the inspection. Careful working practices should be employed to avoid any harm to protected species and be set out in a method statement to be submitted prior to the commencement of the development.
35. No waste other than inert construction and demolition waste in accordance with the current Environmental Permit issued by the Environment Agency for the area covered by Planning Permission No. 4/86/456CM (as amended) and the secondary aggregate recycling facility planning permission (Planning permission CMA/4/49) shall be imported to the site.
36. No burning of rubbish or waste materials shall take place at any time at the site, except as may be required by the Mines and Quarries Act 1954 and any other relevant legislation.
37. By no later than 1 month from the date of this schedule of conditions notice boards of durable material and finish shall be erected along the route of the quarry access road where it runs alongside Bridleway No. 35 and where it is crossed by Bridleway No. 38 and Footpath No. 15 so as to be clearly visible to all drivers using quarry access road, instructing them to drive with adherence to the 10mph site speed limit, with care, and to show courtesy to users of the rights of way. Details of the signs to be agreed in writing with the Minerals Planning Authority prior to their erection.
38. If mineral extraction is to be suspended for a period of 6 months or more, then the operator shall within 3 months give written notification to the Minerals Planning Authority together with proposals for an interim restoration of the quarry to the satisfaction of the Minerals Planning Authority. Written notification shall also be given to the Minerals Planning Authority prior to the resumption of mineral extraction following a temporary suspension.
39. In the event that mineral working is discontinued (i.e. winning and working or depositing ceases for 2 years) prior to the full implementation of the development, a full reclamation scheme to include details of the reinstatement, aftercare and timescale for quarry restoration works shall be submitted to the Minerals Planning Authority within 27 months of the date working is discontinued. Such a revised restoration scheme shall be fully implemented within 6 months of its approval.
40. The Company shall convene a liaison committee composed of representatives of the Company, the Minerals Planning Authority, Cassop-Cum-Quarrington Parish Council and interested local residents for the purpose of exchanging information and comment about the Site that shall meet at least once a year or at such other frequency agreed by the liaison committee.
41. Details of annual sales and remaining permitted reserves of minerals from the site shall be submitted to the Mineral Planning Authority. These details shall include the following: a) Category of mineral (Magnesian limestone and Permian sand). b) Quantity of each category in tonnes.
The period provided for shall be from 1 January to 31 December each year and the information shall be provided by 31 March for the preceding period.
42. Details of the quantity and type of waste imported to the site annually shall be submitted to the Waste Planning Authority. The period provided for shall be from 1 January to 31 December each year and the information shall be provided by 31 March for the preceding period.
SITE MAINTENANCE
43. From the date of these Conditions until final restoration of the site, the following shall be carried out: (a) the maintenance of any gates and fences in a in a stockproof and secure condition between any areas used for development, and adjoining agricultural land;
(b) the retention of fencing around trees and hedgerows;
(c) the care and maintenance of trees and hedgerows to be retained within the site boundary and treatment of those affected by disease, in accordance with accepted principles of good woodland management and good arboricultural practice (including the provision of protective fencing);
(d) the maintenance of all the hard surfaced access roads within the site, over which licensed road vehicles operate, clean from mud;
(e) the maintenance of any drainage ditches, water treatment areas, and the clearance of mud and silt from water treatment areas to avoid reducing their capacity for intercepting sediment;
(f) All areas of the site, including undisturbed areas and all topsoil, subsoil, soil making material and overburden mounds, shall be managed to minimise erosion and shall be kept free from injurious weeds (as defined by The Weeds Act 1959). Cutting, grazing or spraying shall be undertaken, as necessary and appropriate to the approved after-use of the land where the materials in mound are to be replaced, to control plant growth and prevent the build up of a seed bank of such weeds, or their dispersal onto adjoining land.
BUILDINGS, PLANT AND MACHINERY
44. Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, no buildings, plant, or machinery, other than previously approved by the existing relevant planning permission, shall be erected or placed on the site other than with the prior approval of the Minerals Planning Authority.
ENVIRONMENTAL PROTECTION
CONTROL OF NOISE
45. Except when temporary operations ((soil stripping, soils handling, soil mound construction and removal and soil replacement) are taking place, the noise emitted from operations on the site shall not result in noise levels greater than those listed below as measured or calculated at 3.5m from the façade at the properties/locations listed below and identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 4, between the hours set out below.
0600 - 0700 0700 – 1900 1900 - 2100 Monday to Friday 42dB(A) L Aeq,1h 55dB(A) L Aeq,1h 55dB(A) L Aeq,1h Saturday 42dB(A) L Aeq,1h 55dB(A) L Aeq,1h N/A (until 1200)
46. Noise emitted as a result of temporary operations (soil stripping, soils handling, soil mound construction and removal and soil replacement) shall not exceed 70dB LAeq, 1Hr (freefield) as measured at the Heather Lad Inn Public House, Church Street, Quarrington Hill and Old Quarrington Farm as identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 4, between the hours set out in Condition 7 the duration of such activities shall not exceed 8 weeks in relation to each of the respective noise monitoring properties in 12 month period.
47. The Mineral Planning Authority shall be given at least 48 hours notice in writing (excluding Sundays and Bank Holidays), prior to the commencement of temporary operations (soil stripping; soils handling; soil mound construction and removal and soil replacement).
48. Noise monitoring shall be carried out in accordance with the scheme approved under Condition 4. On request, the operator shall, within 2 working days furnish the Mineral Planning Authority with the particulars of the measurements recorded and the plant and equipment operating on the site at the time.
49. No plant or machinery shall be used on site unless it is fitted with an effective silencer and has the doors or cowls of its engine(s) in the closed position. Pumps or generators at semi permanent or permanent locations shall be screened by acoustic barriers where appropriate. Plant shall have reversing bells in preference to sirens, but where sirens are used they shall operate in the high frequency range.
50. The details of reversing warning devices to be fitted to plant and machinery shall be agreed in advance with the Mineral Planning Authority and only the approved devices shall be used.
51. Advance notification of changes in the agreed working programme shall be given to the Mineral Planning Authority.
52. All vehicles used on site shall be effectively silenced at all times in accordance with the manufacturers' recommendations.
CONTROL OF BLASTING
53. Blasting shall only take place once a week between the hours of 10:00 to 16:30 Mondays to Fridays. There shall be no blasting on Saturdays, Sundays, Bank or other Public Holidays, save in cases of emergency when life, limb, or property are in danger. The Mineral Planning Authority shall be notified as soon as is practicable after the occurrence of any such emergency operations or working. Blasting shall be restricted to one blast per week.
54. No component of the peak particle velocity of ground vibration resulting from the blasting shall exceed 12mms/second at any time during the working of the site at the nearest occupied residential property and, in each six month period of working, 95% of blasts shall not exceed 6mms/second.
55. All blasts shall be monitored for peak particle velocity in three mutually perpendicular planes in accordance with the vibration monitoring scheme agreed in writing with the Mineral Planning Authority under Condition 4. On request, the operator shall, within 2 working days furnish the Mineral Planning Authority with the particulars of the measurements recorded.
56. Each blast shall be preceded by the sounding of a siren, and notices giving details of blasting operations and warning flags shall be placed at the positions agreed in accordance with Condition 4 before blasting commences. The siren, notices and position at which flags are to be erected will be maintained throughout the duration of minerals extraction operations. Occupiers of adjacent residential properties shall be notified of blasting procedures on site in accordance with the scheme agreed in accordance with Condition 4.
57. The measures to minimise the effects of overpressure agreed in accordance with Condition 4 shall be implemented.
CONTROL OF DUST
58. All reasonable measures shall be taken to control dust emissions arising from site operations. At such times when the measures employed are not sufficient to suppress fugitive dust emissions to the satisfaction of the Mineral Planning Authority, operations shall cease until additional measures are provided and found to be adequate.
59. The Dust Action Plan agreed in accordance with Condition 4 shall be implemented and adhered to at all times and shall be reviewed at six-monthly intervals.
60. The dust control equipment installed shall be used at all times to suppress dust on the site arising from all operations, including vehicular movements, excavation and demolition and crushing operations, mineral, soils and overburden stockpiling arrangements and soil spreading operations. At such times when the equipment provided and the provisions in the Dust Action Plan are not sufficient to suppress dust arising from the site, operations shall cease until additional equipment is provided and found to be adequate.
Dust suppression measures employed may include:
i) the provision of mobile water bowsers;
ii) the use of dust filters on all fixed plant and machinery;
iii) a speed limit of 15 mph on all internal haul roads, with no plant having exhausts pointing downwards;
iv) all haul roads and areas used for the storage of soils and overburden shall be watered during dry, windy weather conditions;
v) areas which will be untouched for more than three months shall be seeded with a quick growing cover crop.
61. Monitoring of dust levels shall be carried out by the operator in accordance with the Dust Action Plan agreed in accordance with Condition 3. On request the operator shall, within two working days, furnish the Mineral Planning Authority with the particulars of the measurements recorded.
SURFACE WATER DRAINAGE AND POLLUTION CONTROL
62. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The discharge of such material to any settlement pond, ditch, stream, watercourse, or other culvert is not permitted. 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 sight 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 be detailed to discharge downwards into the bund. Any bund contents shall be bailed or pumped out under manual control and disposed of safely.
63. Throughout the period of operations and reclamation, all necessary measures shall be taken to the satisfaction of the Minerals Planning Authority to ensure that the flow of surface water run off onto and off the site is not impeded nor the quality of water affected to the detriment of adjoining land and that no silting, pollution or erosion of any water course or adjoining land takes place. (7, 8)
64. No dewatering of groundwater should take place without the express approval of the Mineral Planning Authority. All extraction to take place above the water table.
ITEMS OF ARCHAEOLOGICAL INTEREST
65. No works shall take place in Phase 5 and along the route of Bridleway No. 34/35 until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work has been submitted to, and approved in writing, by the Mineral Planning Authority to cover the removal of topsoil, recording of the trackway and historic hedgerows. The strategy shall include details of the following:
i) Measures to ensure the preservation in situ, or the preservation by record, of archaeological features of identified importance. ii) Methodologies for the recording and recovery of archaeological remains including artefacts and ecofacts. iii) Post-fieldwork methodologies for assessment and analyses. iv) Report content and arrangements for dissemination, and publication proposals. v) Archive preparation and deposition with recognised repositories. vi) A timetable of works in relation to the proposed development, including sufficient notification and allowance of time to ensure that the site work is undertaken and completed in accordance with the strategy. vii) Monitoring arrangements, including the notification in writing to the County Durham Archaeologist of the commencement of archaeological works and the opportunity to monitor such works. viii) A list of all staff involved in the implementation of the strategy, including sub- contractors and specialists, their responsibilities and qualifications.
The development shall then be carried out in full accordance with the approved details.
Reason: To comply with saved Mineral Plan Policy M33 as the site may potentially contain features of local archaeological importance.
66. Prior to the cessation of mineral extraction a copy of any analysis, reporting, publication or archiving required as part of the mitigation strategy shall be deposited at the County Durham Historic Environment Record. This may include full analysis and final publication. Reporting and publication must be within one year of the date of completion of the development.
PROGRESS REPORT
67. The operator shall provide the Mineral Planning Authority with a biennial written report detailing operations taking place at the site during the preceding 24 month period. The report shall identify any difficulties with operations and/or of complying with the planning requirements which may have been encountered at the site during the relevant period.
RECLAMATION AND REINSTATEMENT
68. Restoration of the site shall be in complete accordance with the approved documents in Condition 1 and schemes agreed to in accordance with subsequent conditions in this schedule (or other subsequently approved documents).
69. In accordance with the reclamation requirements, all areas of hardstanding, including site compounds, access road and haul roads, shall be broken up and removed from the site or buried at sufficient depth not to affect the final restoration of the site.
70. In accordance with the restoration requirements, all fixed equipment, machinery, and buildings shall be removed from the site.
71. The operator shall furnish the Minerals Planning Authority, every 12 months commencing at a date 12 months from the date of this schedule of conditions, a topographical survey showing the extent of progressive restoration and levels following infilling, at 2 metre contour intervals and a written statement on the progress of tipping that shall also identify any difficulties with operations.
72. In the event of insufficient waste material being available to achieve the approved restoration contours for the site at the time of the expiry of each phase of working as detailed under Condition 4, the operator shall review the approved working and restoration details and alternative working and restoration details for the site shall be agreed with the Minerals Planning Authority in order to achieve restoration of the site in accordance with the timescale for each phase of restoration as specified in the details approved under Condition 4 and any necessary works shall be carried out to ensure that working and restoration is in full accordance with revised details.
REPLACEMENT OF OVERBURDEN
73. Overburden/limestone shall be replaced to such levels, and in such a way that, after the replacement of soil the contours of the restored land conform with the permitted restoration contours at the end of each phase of working.
74. The Minerals Planning Authority shall be notified when Condition 73 has been complied with in each phase and in respect of non-phased reclamation work, and shall be given an opportunity to inspect the surface before further restoration work is carried out.
REPLACEMENT OF SOIL AND SOIL MAKING MATERIALS
75. Soils and soil-making materials shall only be respread when it, and the ground on which it is to be placed, are in a sufficiently dry condition and in accordance with the details approved under Condition 4.
76. No movement, replacement or cultivation of topsoils or subsoils shall be carried out during the months of October, November, December, January, February and March inclusive, without the prior consent of, by methods and for a period agreed with, the Mineral Planning Authority.
77. After Condition 73 has been complied with, soil and soil-making materials shall be respread where appropriate, in layers to be agreed beforehand with the Minerals Planning Authority and in accordance with the restoration scheme.
78. Each layer formed in accordance with Condition 77 shall be rooted to its full depth and any non-soil type material or rock, boulder or stone, larger than would pass through a wire screen mesh with a spacing of 0.3 metres shall be removed from the surface and not buried within the respread soil.
79. All areas of exposed soil shall be rooted to relieve compaction and surface picked to remove any obstructions to cultivation in accordance with the restoration scheme.
80. The Minerals Planning Authority shall be given the opportunity to inspect each stage of the work completed in accordance with Conditions 78 and 79 prior to further restoration being carried out, and should be kept informed as to the progress and stage of all works.
81. Following compliance with Conditions 78 and 79, the surface shall be graded to ensure that the contours of the landform conform with the restoration contours approved by the Minerals Planning Authority in accordance with the restoration scheme.
MAINTENANCE OF SITE RESTORATION RECORDS
82. During the whole restoration period, the developer shall maintain on site separate plans for the purpose of recording successive areas of overburden/limestone, subsoil, and topsoil replacement approved by the Mineral Planning Authority in accordance with Conditions 74 and 80 above.
83. Within 3 months of the restoration of the final topsoil layer, the developer shall make available to the Mineral Planning Authority a plan with contours at sufficient intervals to indicate the final restored landform of the site, together with a record of the depth and composition of the reinstated soil profiles.
AFTERCARE
84. The aftercare period referred to in the following conditions is a period of 5 years after the replacement of soils or soil making material in accordance with Condition 80 for the whole of or smaller manageable blocks of those parts of the site and shall be in complete accordance with the approved documents in Condition 1 and schemes subsequently agreed to in accordance with Condition 4.
85. During the aftercare period no vehicles, (with the exception of low ground pressure types required for approved agricultural work and aftercare management), machinery or livestock shall be permitted on the land during the months of November - March inclusive, without the prior consent of the Mineral Planning Authority.
ANNUAL REVIEW
86. Before 31st August of every year during the aftercare period in respect of all tree planting and restoration works, including seeding, carried out in accordance with approved details a report shall be submitted to the Minerals Planning Authority recording the operations carried out on the land during the previous 12 months (including works to rectify grass sward and planting failures, and identified as necessary by the Minerals Planning Authority as a consequence of preceding site meeting, held in accordance with Condition 87), and setting out the intended operations for the next 12 months.
87. Every year during the aftercare period the developer shall arrange a site meeting to be held before 30th November, to discuss the report prepared in accordance with Condition 86, to which the following parties shall be invited:
(a) the Minerals Planning Authority;
(b) all owners of land within the site;
(c) all occupiers of land within the site.
(d) Natural England or successors (as appropriate);
(e) representatives of other statutory bodies as appropriate.
PROVISION OF SURFACE FEATURES INCLUDING SEEDING
88. Following compliance with Condition 81 land to be sown shall be worked to prepare a seedbed suitable for the sowing of the appropriate seed mixture (as set out in the restoration scheme submitted under Condition 4 and as may be subsequently amended). During the cultivation process, any stones lying on the surface which are larger than would pass through a wire screen mesh with a spacing of 100mm, together with any other objects likely to obstruct future cultivation, shall be removed from the site unless required in accordance with the scheme approved under Condition 4.
89. By no later than the end of September following compliance with condition 88, land so prepared shall be sown with the grass seed mixture approved in accordance with the restoration scheme.
90. All planting and seeding shall be carried out in accordance with the restoration details (as set out in the restoration scheme submitted under Condition 4 and as may be subsequently amended) and planting shall at all times take place during the planting season which runs from 1 November to 31 March.
91. Aftercare of all planting including trees, shrubs and hedgerows shall proceed in full accordance with the approved restoration scheme, which shall include the following:
(a) replacing plants which die or are missing;
(b) weeding early in each growing season and as necessary thereafter to prevent the growth of plants being retarded;
(c) maintaining fences around planted areas in a stock and rabbit proof condition;
(d) appropriate measures to combat all other pests and/or diseases which significantly reduce the viability of the planting scheme.
DRAINAGE AND WATE 92. During the aftercare period, temporary drainage works (e.g. ditches, watercourses) shall be carried out as necessary to prevent soil erosion, flooding of land within or outside the site, or the erosion of silting up of any existing drainage channels within or outside the site.
93. Within the first two years of the aftercare period, a field water supply system shall be installed in accordance with a scheme to be agreed in accordance with the Minerals Planning Authority before installation.
94. The period of aftercare shall be deemed to have been successfully completed following a period of 5 years effective management, after compliance with Condition 80 for the whole of or smaller manageable blocks, as confirmed in writing by the Mineral Planning Authority. The S39 agreement provides for the management of the ‘EIA Study Area’ as shown on Drawing No. NT03028/Fig 3.1 in perpetuity following final restoration of that part of the site.
ADDITIONAL CONDITIONS FOR PLANNING APPLICATION NOS. CMA/4/47 & CMA/4/48
Variation of Condition 7 of Planning Permission No. 4/86/456CM to extend the period of mineral extraction until 3 July 2025 (Planning Application No. CMA/4/48)
• Deletion of Condition 3. • Additional condition – “The development hereby approved must commence not later than three years from the date of this certificate”. • Additional condition – “At least seven days notice of the date of commencement of the development shall be given, in writing, to the Mineral Planning Authority”. • REPLACEMENT OF CONDITION 5 WITH : “ALL MINERAL EXTRACTION SHALL CEASE BY NO LATER THAN 3 JULY 2025”.
Extension to Cold Knuckle Quarry adjacent to Old Quarrington Quarry (Planning Application No. CMA/4/47) • Deletion of Condition 3. • Additional condition – “The development hereby approved must commence not later than three years from the date of this certificate. • Additional condition – At least seven days notice of the date of commencement of the development shall be given, in writing, to the Mineral Planning Authority. • Replacement of Condition 5 with: All mineral extraction shall cease by no later than 3 July 2025. • Condition 35 – to be replaced with: No waste materials shall be imported to the site. • Condition 72 – delete the word ‘waste’.
PROPOSED RE-ESTABLISHMENT OF A SECONDARY AGGREGATE RECYCLING FACILITY, OLD QUARRINGTON QUARRY, NR. BOWBURN, DURHAM.
APPROVED DOCUMENTS
1. The development hereby approved shall only be carried out in accordance with the approved documents (subject to matters subsequently agreed under subsequent conditions in this schedule).
2. From the commencement of development to the discontinuance of the use and removal of the associated equipment, a copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with this permission, shall always be available on site for inspection and reference, and known to whomsoever has day to day responsibility for the site.
MATTERS REQUIRING SUBSEQUENT APPROVAL
3. The development hereby approved shall only be carried out in accordance with a scheme or schemes to be agreed with the Waste Planning Authority, which shall make provision for submission and written agreement in respect of the following matters.
(a) A wheel cleaning facility to be installed to thoroughly clean the wheels of vehicles leaving the site of mud and dust. The scheme shall detail the equipment to be used and the position along the quarry access road at which the facility is to be located.
(b) A drawing at scale 1:500 showing initial levels AOD for the area to be used for the proposed recycling operations prior to the commencement of the development hereby approved.
(c) A noise monitoring scheme including the exact locations of noise monitoring points and proposed monitoring frequency and reflecting guidance in MPS2. The locations of noise monitoring points should be chosen so as to ensure that the possibility of off-site noise affecting measurements is reduced to a minimum.
(d) Details of dust suppression measures to be employed at the facility.
4. The schemes required by condition 3(a - d) shall be submitted to the Waste Planning Authority within 3 months of the date of the attached certificate.
COMMENCEMENT
5. The development hereby given permission shall not commence until the details required by Condition 3 (a), (b), (c) and (d) have been agreed in writing with the Waste Planning Authority and all measures implemented.
6. The development hereby approved shall commence not later than 3 years from the date of this certificate.
7. At least seven days advance notice of the date of commencement of the importation of waste materials for processing into secondary (recycled) aggregate shall be given in writing to the Waste Planning Authority.
COMPLETION
8. The recycling operation hereby approved must be discontinued upon the cessation of landfilling at the quarry or 3 July 2026 whichever is the earlier, the associated equipment removed, and the area of land used for the development reinstated to its condition existing before commencement. If the recycling operation is discontinued before the expiry of this period the associated equipment shall also be removed and the land reinstated to its condition existing before commencement, and the development shall be deemed to have been completed.
TYPES OF WASTE
9. No waste shall be imported into the site other than inert construction and demolition waste as described in Section 3 of the planning application form, shall be imported to the site for recycling into secondary aggregate.
10. Operations authorised by this permission shall be restricted to the following times:
06.00 - 21.00 hours Monday to Friday 06.00 - 12.00 hours Saturdays.
No operations including the maintenance of vehicles and plant or working shall take place outside these hours or at any time on Bank, or other public holidays, save in cases of emergency when life, limb, or property are in danger. The Waste Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working.
ACCESS AND PROTECTION OF THE PUBLIC HIGHWAY
11. Vehicles carrying waste material to be recycled and/or finished product shall enter and leave only via the quarry access road shown on NT03028/11/002C onto the A688 Bowburn to Wheatley Hill trunk road.
12. The loads of all vehicles carrying waste materials into the site for recycling and/or disposal, along with the loads of all vehicles leaving the site, shall be fully covered by sheeting, or otherwise fully contained as may be appropriate to the material.
13. All vehicles leaving the site shall be sufficiently cleaned in order to ensure that mud, dirt, or treated or untreated waste are not transferred onto the public highway. The wheel cleaning equipment agreed under Condition 3 (a) shall be used following installation, which shall take place within 3 months of the date of commencement notified under Condition 7.
14. A record of all heavy goods vehicles using the quarry access road to enter or leave the site shall be maintained by the developer. Every Quarter i.e. three month period, after the commencement of development (as notified to the Waste Planning Authority under Condition 7), the developer shall furnish the Waste Planning Authority with a certified copy of the record, which shall include particulars of the numbers recorded. The particulars shall distinguish between numbers using the quarry access road associated with the operation of the secondary aggregate recycling facility hereby approved, the mineral extraction operations authorised to take place at the Old Quarrington site, and the importation of those waste materials not diverted to the recycling facility for processing but permitted to be deposited at the site.
15. By no later than 1 month from the date of commencement notified under Condition 7, notice boards of durable material and finish shall be erected along the route of the quarry access road where it runs alongside Bridleway No. 35 and where it is crossed by Bridleway No. 38 and Footpath No. 15 so as to be clearly visible to all drivers using quarry access road, instructing them to drive with adherence to the 10mph site speed limit, with care, and to show courtesy to users of the rights of way.
16. No buildings, plant or machinery other than contained in this approval, shall be erected or placed on the site for the purposes of the recycling operation without the prior agreement, in writing, of the Waste Planning Authority. SITE OPERATIONS 17. Recycling operations, including waste handling and stockpiling, and finished product handling and stockpiling, shall only be carried out in accordance with the approved documents in Condition 1. At all times, stockpiles of unprocessed waste materials, different quality feedstock materials, and different sizes and grades of recycled aggregate shall not exceed 6 metres above the initial levels for the land to be used for recycling operations agreed under Condition 3 (b). The positions and heights of product stockpiles to be positioned within the quarry void shall be agreed with the Waste Planning Authority beforehand.
18. There shall be no storage of unprocessed waste material intended for recycling, and feedstock materials intended for processing or reprocessing, other than within the area shown edged red on Drawing No. NT03028/11/002C approved under Condition 1.
19. There shall be no excavation for the purposes of recycling of waste materials already deposited at the Old Quarrington Quarry site, nor shall there be lifting for the purposes of recycling of waste materials imported to the site not deposited by vehicles in the first instance within the area shown edged red on NT03028/11/002C approved under Condition 1.
SITE MAINTENANCE
20. From the commencement of the development, until cessation of use of the recycling facility, the following site maintenance operations shall be carried out:
(a) the maintenance of the quarry access road and all haul roads and areas within the site, over which licensed road vehicles operate, clean from mud, and untreated or treated waste;
(b) the maintenance of signs erected in accordance with Condition 15 such that the information they give is clearly legible to drivers using the quarry access road;
(c) all areas, including stacks of waste materials and processed materials, to be kept free of weeds, and necessary steps taken to destroy weeds at an early stage of growth to prevent seeding.
21. Advance notification of any change in the agreed working method or schemes of control shall be given in writing to the Waste Planning Authority.
NOISE
22. Noise emitted from operations on the site shall not result in ambient noise levels greater than 55dB(A) Leq (1 hour) (free field) Daytime 0700 - 1900 hours and 42dB(A) Leq (1 hour) (free field) Night-time 1900 - 2100 and 0600 - 0700 hours, as measured at noise sensitive properties at Old Quarrington Farm (Old Quarrington), Quarrington Hill, and the Heather Lad Inn, and identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 3(c).
23. Noise monitoring shall be carried out in accordance with the scheme approved under Condition 3(b). On request, the operator shall, within 2 working days furnish the Mineral Planning Authority with the particulars of the measurements recorded and the plant and equipment operating on the site at the time. (2, 5)
DUST
24. The dust control equipment and dust suppression measures installed in accordance with Condition 3(d) shall be used at all times to control and suppress dust on the site arising from all operations, including vehicular movements, excavation operations, and stockpiling operations.
25. At such times when the equipment provided is not sufficient to suppress dust arising from the site, to the satisfaction of the Waste Planning Authority, operations shall cease until additional equipment is provided and found to be adequate.
SURFACE WATER DRAINAGE AND POLLUTION CONTROL
26. All water from the area of the recycling facility shall be discharged into the surface water drainage system for the Old Quarrington Quarry site prior to discharge into any ditch, stream, watercourse, or culvert outside the site.
27. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The discharge of such material to any settlement pond, ditch, stream, watercourse, or other culvert is not permitted. 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 sight 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 be detailed to discharge downwards into the bund. Any bund contents shall be bailed or pumped out under manual control and disposed of safely.
REASONS FOR THE DECISION
Review under the Environment Act 1995
i. The proposed comprehensive scheme of conditions for working and restoring will secure overall up-dated standards and controls in line with the requirements of the Environment Act 1995.
Variation of condition 7 of Planning Permission No. 4/86/456CM
i. The principle of mineral extraction and restoration of the southern part of the quarry through infilling is established at Old Quarrington Quarry. An extension of time will enable permitted reserves of magnesian limestone and sand to be extracted and meet an established need for the sand in accordance with RSS Policy 43, MLP Policies M1 and M12 that cannot be met from existing permissions.
ii. The proposal would extend the impacts of working the site for an addition 15 years but these would not be significantly detrimental to the appearance of the area or to residential amenity and wider environmental concerns including visual impact, dust, noise, discharges to watercourses, impact on archaeology, ecology, public rights of way, and traffic and transportation effects and can be adequately controlled through conditions and appropriate mitigation measures in accordance with MLP Policies M24, M27, M29, M30, M35, M36, M37, M38, M42, M43, M46 and M47.
iii. The objections, concerns and reservations expressed about the proposed development have been taken into account but are not considered sufficient to outweigh the overall acceptability of the scheme in planning terms. This view is generally reflected in the response of statutory consultees and suitable controlling measures can be put in place to ensure these environmental concerns are managed and mitigated as part of the development in accordance with MLP Policies M24, M27, M29, M30, M35, M36, M37, M38, M42, M43, M46 and M47.
Proposed extension
i. Although the proposals would be a minor departure from Policy MLP M3g and M54 in terms of extended working on the Magnesian Limestone Escarpment the proposals would help meet an established need for sand in accordance with the requirements of RSS Policy 43 and MLP Policies M1 and M12 that cannot be met from existing permissions.
ii. The impacts of the development would not be significantly detrimental to the appearance of the area or to residential amenity and wider environmental concerns including visual impact, biodiversity, dust, noise, blasting, ecology, discharges to watercourses, impact on archaeology, public rights of way, and traffic and transportation effects and can be adequately controlled through conditions and appropriate mitigation measures in accordance with MLP Policy M24, M27, M29, M30, M35, M36, M37, M38, M42, M43, M46 and M47.
iii. The objections, concerns and reservations expressed about the proposed development have been taken into account but are not considered sufficient to outweigh the overall acceptability of the scheme in planning terms. This view is generally reflected in the response of statutory consultees and suitable controlling measures can be put in place to ensure these environmental concerns are managed and mitigated as part of the development in accordance with MLP Policies M24, M27, M29, M30, M35, M36, M37, M38, M42, M43, M46 and M47.
Re-establishment of secondary aggregate recycling facility
i. The development conforms with relevant waste planning policies, namely MLP Policy M5 and WLP Policies W2, W3, W4 and W39 providing for the recovery and reuse of material which would otherwise be landfilled.
ii. The impacts of the development would not be significantly detrimental to the appearance of the area or to residential amenity and wider environmental concerns including biodiversity, visual impact, dust, noise, blasting, discharges to watercourses and traffic and transportation effects and can be adequately controlled through conditions and appropriate mitigation measures in accordance with WLP Policies W13, W26, W31, W32 and W33.
iii. Representations received regarding dust have been taken into account but are not considered sufficient to outweigh the overall acceptability of the scheme in planning terms. This view is generally reflected in the response of statutory consultees and suitable controlling measures can be put in place to ensure these environmental concerns are managed and mitigated as part of the development in accordance with WLP Policy W26.
BACKGROUND PAPERS
− Submitted application forms and plans and subsequent information provided by the applicant. − Planning Policy Statements/Guidance and Minerals Policy Statements. − Submitted application forms and plans and subsequent information provided by the applicant. − North East of England Plan Regional Spatial Strategy to 2021 (RSS) July 2008. − County Durham Minerals Local Plan (December 2000). County Durham Waste Local Plan (April 2005). − Statutory, internal and public consultation responses.