report
meeting PLANNING AND LICENSING COMMITTEE
agenda item number date 6 September 2011 6
BASSETLAW DISTRICT COUNCIL REF. NO. 1/46/11/00002/R
APPLICATION TO EXTEND THE TIME LIMIT FOR IMPLEMENTATION OF SAND AND GRAVEL EXTRACTION, PREVIOUSLY GRANTED UNDER PLANNING PERMISSION 1/46/06/00014.
LAND AT STURTON LE STEEPLE, RETFORD, NOTTINGHAMSHIRE.
APPLICANT: LAFARGE AGGREGATES LIMITED.
Purpose of Report
1. To consider a planning application which seeks to extend the date of commencement of a planning permission originally granted by the County Council on the 1st October 2008 for sand and gravel extraction and associated works at land to the north and east of Sturton le Steeple. The original planning permission required commencement within three years (by the 1st October 2011). Permission is now sought to renew this planning permission to provide a further period of five years for the commencement of the development. The recommendation is to grant planning permission, subject to the applicant entering into a Section 106 legal agreement to control lorry movements, vary a lorry weight restriction order, provide off-site habitat improvement works and provide extended management for the restored site.
The Site and Surroundings
2. The main body of the application site (i.e. excluding the access corridors for road and wharf) is located approximately 9.5km east of Retford, some 3.5km south of Gainsborough, 2km east of Sturton le Steeple village and 1.5km south east of West Burton Power Station. 1.5km to the east across the River Trent is the village of Knaith, situated within Lincolnshire. The site is generally contained by the River Trent to the east, Littleborough Road to the south and Gainsborough Road (which passes through Sturton le Steeple) to the west. The most prominent landscape feature in the area is West Burton Power Station which is situated directly to the north of the site. Planning permission has recently been granted at this site for a new gas fired power station incorporating new turbine hall, cooling towers, control room, storage tanks and associated development. Plan 1 identifies the general location of the site.
1 3. The application site is situated approximately 300m west and south of the meandering River Trent flood defences. The topography of the site is very flat, which is typically characteristic of the Trent valley area. The current use of the application site is predominantly arable agricultural land.
4. The site extends to approximately 110 hectares (ha). It is generally rectangular in shape, orientated north-south. Two narrow corridors extend out from the main body of the application site. Firstly, a straight corridor, 40m in width, runs northwards from the north western corner of the proposed site for a distance of around 1 km to accommodate a proposed loading wharf and associated conveyor at the bank of the River Trent. The second corridor is approximately 2.8km in length, generally between 45m and 65m wide, and runs in a westerly direction towards the southern boundary of the power station before joining Gainsborough Road. This would accommodate the quarry access road.
5. The main application site (from which sand and gravel would be extracted and processed) lies immediately to the west of the ‘Mother Drain’ which runs parallel with North/Middle/South End Lane. The northern limit is demarcated by New Ings Drain, whilst the southern extent lies approximately 250m south of Upper Ings Lane, cutting across a large field. The western boundary follows the line of New Ings Lane in the north and several field boundaries further to the south, but predominantly follows arbitrary lines crossing through large fields.
6. Access to the main body of the site is currently gained via Upper Ings Lane or Cowpasture Lane (via Common Lane from Sturton le Steeple). The site is crossed (east to west) by two public rights of way, being shown on OS maps as unclassified roads, along which are routed bridleways. The first road is Cowpasture Lane, which links Common Lane to the west with North End Lane to the east. The second road is Upper Ings Lane which links Cross Common Lane with South End Lane. These roads therefore divide the extraction area into three blocks. Plan 2 identifies the site in the context of the strategic highway network.
Proposed Development
7. Planning permission for the development of a new sand and gravel extraction facility with associated phased restoration was granted planning permission on the 1st October 2008 subject to 62 planning conditions and a section 106 legal agreement which regulate the development and ensure the implementation of the appropriate mitigation measures. Condition 1 of the planning permission states:
‘The development hereby permitted shall be begun within 3 years from the date of this permission.’
8. The application is submitted under powers introduced on the 1st October 2009 via the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 which allows applicants to apply to their planning authority for a new planning permission to replace an existing
2 permission which is in danger of lapsing, in order to obtain a longer period in which to begin the development.
9. This planning application seeks to vary Condition 1 of planning permission 1/46/06/00014 to allow a further five year period for the commencement of the development. The applicant is not seeking to vary any of the other conditions contained on the original planning permission.
10. Within a supporting statement the applicant states that since the original planning permission was granted in 2008 there has been a decline in aggregate sales which has significantly reduced the need to develop the Sturton le Steeple facility within the 3-year timescales required by Condition 1. However, the consented reserve of sand and gravel continues to be of importance to the applicant in delivering a managed aggregates supply for the County beyond 2016. The applicant states that the approval of this application would enable the site to be meaningfully opened when required as opposed to opening merely for implementation of the consent purposes following by a potential period of temporary cessation of operations until market conditions improve.
11. This planning application would provide planning permission for the development in its entirety and it is therefore necessary to re-consider the whole development against current development plan policy and up to date environmental information rather than the position as it was in 2008. As a result it is necessary to re-consider the whole development seeking planning permission and not simply ‘ring fence’ the planning considerations to issues concerning the commencement date. The application has therefore been submitted complete with an Environmental Statement (ES) prepared in accordance with the requirements of the Environmental Impact Assessment Regulations. This ES has been updated by a new ecological survey and the submission of a detailed historic buildings assessment.
Development Overview
12. The proposal is to extract approximately 7.5 million tonnes of sand and gravel from around 61.3ha over a period of around 15 years. Excavated material would be transported from the working area to a plant site in the west by dump trucks using dedicated haulage routes within the working area. The processing plant would incorporate crushing, washing and screening plant, together with sand classifiers to sort excavated material into a range of saleable sands and gravels, graded by size. Processed aggregates would be stored in open stockpiles, pending distribution. The prime mode of distribution would be by road. However, the proposed establishment of a wharf on the River Trent would allow barges to be loaded with aggregates.
13. The development proposals are summarised on a ‘key facts sheet’ attached as Appendix 1 and detailed plans are displayed for Members. The application is accompanied by an Environmental Impact Assessment (EIA).
3 Site Preparation Works
14. Before any mineral extraction operations could commence, a number of site preparation works, including the construction of the access road and associated junction, plant site and wharf, would be required. These works would take approximately six to twelve months to complete.
15. The new access road would be onto Gainsborough Road, north of Sturton le Steeple village. The access is designed such that quarry traffic would be required to turn right (north) from the access towards the A620. Topsoil and subsoil would be stripped from along the line of the access road and placed within adjacent storage banks measuring 1.5m-3m in height to provide screening, particularly of HGV lights. The access road would link the proposed plant site with the site entrance and follow field boundaries wherever possible. It would be surfaced in tarmaccadam.
16. The footprint of the plant site, the silt and fresh water lagoons further south and internal access roads to the southern extraction areas would be stripped and placed within soil storage/screening mounds around the plant site. The plant site is proposed to be located central to the mineral deposit, as far from built development as possible and adjacent to existing woodland to benefit from screening. Following soil stripping, concrete foundations would be laid and the processing plant, ancillary buildings/structures and the vehicle manoeuvring areas would be hard-surfaced. Finally, material would be excavated to create the freshwater and silt lagoons.
17. The proposed wharf would be fed by a conveyor from the plant site where processed materials would be discharged directly to barges for onwards transportation.
Mineral Extraction
18. It is proposed that sand and gravel would be extracted in a series of seven phases progressing in a general northerly direction starting from the southern boundary. Soil and overburden would be stripped within each phase and either stored in stockpiles or placed directly into previously worked areas for restoration purposes. All mineral would be dug using a 360° hydraulic excavator, loading the ‘as dug’ material and transporting the material to the plant site by dump trucks. At the maximum proposed production rate of 500,000 tonnes per annum it would take approximately 15 years to extract the mineral and complete the final restoration of the site.
19. Mineral would be worked dry by de-watering each phase, with water being pumped into silt lagoons to settle out suspended solids prior to discharge into surrounding water courses. The base of the proposed excavation would vary between approximately –6.0m AOD and –10.9m AOD (existing levels are between 2.6m to 4.0m AOD).
20. The two bridleways which cross the site would be retained during the life of the quarry with public access maintained throughout this period. Bridleway crossing points would be established for quarry plant and machinery.
4 21. The operational hours associated with the extraction, processing and transportation of sand and gravel at the site would be between the following hours:
07:00 – 19:00 hours Mondays to Fridays 07:00 – 14:00 hours Saturdays.
Operation of the wharf facility would be between the hours of
06:00 – 21:00 hours Mondays to Fridays 07:00 – 14:00 hours Saturdays.
22. Maximum traffic movements for the operation of the quarry would be 192 two way HGV movements each day (96 loads into the site and 96 loads out of the site), at peak hours this equates to 38 two way HGV movements.
Restoration
23. The restoration of the site would create a series of wetland areas, given that the mineral to be extracted is from below the ground water table and the voids created by quarrying excavations would naturally refill with water when the dewatering pumps are turned off. The restoration scheme would provide an ecological wildlife habitat and promote nature conservation, whilst also providing an amenity for quiet recreational activities such as angling. The restoration concept scheme is identified on Plan 3. The habitats that would be created are listed below:
Agriculture 2.8ha Lowland dry acidic grassland/lowland heath land 7.8ha Lowland wet grassland (including ephemeral ponding) 14.4ha Mesotrophic Peat Bogs 9.8ha Reedbeds 2.9ha Aquatic and semi-aquatic marginal vegetation 9.6ha Wet broadleaved woodland 3.8ha Open water bodies 25.1ha
Sub Total 76.2ha
Land either unaffected by the development to remain in 33.8ha current land uses, including agriculture, woodland, hedges, drains and tracks, or forms that part of the access road to be retained
Total 110.0ha
24. All restoration material would be derived from within the site and there are no proposals to import external fill material onto the site for restoration purposes. Restoration of the site would be undertaken progressively on a phased basis, through the life of the quarry.
25. All restoration works would be subject to a statutory five-year aftercare plan and in addition to this, the applicant has confirmed that they are prepared to extend this for a further five years (ten years aftercare in total). 5
Regulation 19 – Supplementary Information.
26. To address issues raised through the planning consultation process, further environmental information has been submitted from the applicant regarding the following matters:
a. Supplementary ecological information comprising: • Translocation of local genetic hedgerow stocks which would be lost as a result of the access road construction. • Assessment of the hydrogeological issues as they relate to the recently designated Mother Drain SINC. • Measures to mitigate any adverse impacts resulting from disturbance to Great Crested Newt terrestrial habitats along the route of the conveyor belt and access road. • Stand-off distances from hedges and streams to provide habitat for reptiles and bats. • Gapping up of retained hedgerows on the site. • Supplementary water vole surveys within the vicinity of the access road crossing over ditch 7.
b. A supplementary report to identify the potential indirect impact from the proposed development on the historic environment prepared in accordance with the advice contained within Planning Policy Statement 5: Planning for the Historic Environment.
The applicant’s response to these issues is discussed in detail within the observations section.
Consultations
27. Bassetlaw District Council: Raise no observations to the development.
28. Government Office for the East Midlands: Acknowledge receipt of the application.
29. Everton Parish Council: Object to the development on grounds that the primary mode of transport is road haulage and the development would result in 150 to 190 additional lorries per day on the A631 through Everton, an average of one lorry every four or five minutes during the working day. The lorry movements would have a harmful effect on the quality of life of people living along the road, be damaging to the environment and be an additional burden to the taxpayer through wear and tear to roads. Therefore the Parish Council considers the development is contrary to MLP Policy M3.13 due to these environmental factors and disturbance to the local community and MLP Policy M3.15 which seeks to support sustainable methods of transporting minerals.
30. Mattersey Parish Council: Object to the development since the Section 106 agreement does not adequately control the routeing of lorries within the area and does not guarantee that local villages would be saved from lorries using them as short cuts to major routes. 6
31. Gringley on the Hill Parish Council: Object to the development on the grounds of increased traffic movements and therefore the parish consider the development is not in accordance with the Nottinghamshire Minerals Local Plan in terms
a. Section 1.5c – promoting sustainable modes of transport. b. Policy M3.13 – Vehicle movements – on the basis that vehicles cannot be accommodated on the highway network and would cause unacceptable impact to the environment and local communities. c. Policy M3.15 Bulk transport of minerals – on the basis that more sustainable modes of transport (rail) are not proposed, viability of using barge transport for at least a proportion of production has not been demonstrated, and that rail infrastructure within the power station should be used.
32. Environment Agency: Raise no objections in principle commenting that the submission is compliant with PPS25 (Development and Flood Risk) and flood risk and surface water drainage has been adequately addressed within the submission. The EA Suggest a series of planning conditions relating to site drainage and silt management; storage of oils; more detailed restoration proposals aimed at encouraging bio-diversity; ecology protection and the construction of the wharf.
33. British Waterways: Raise no objections to the development subject to a river habitat survey being undertaken with appropriate avoidance/mitigation prior to any works being undertaken in connection with the wharf and the submission of final details of the wharf construction prior to commencement of development.
34. Laneham Internal Drainage Board: raise no objections, subject to satisfactory drainage systems being provided.
35. Natural England: Has no comments to make on the planning proposal, recommending that detailed ecological advice should be obtained from the county ecologist and/or local wildlife trust.
36. Royal Society for the Protection of Birds: Raise no objections to the development and provide strong support to the restoration proposals. The RSPB have indicated a desire to be involved with the restoration proposals for the site.
37. Nottinghamshire Wildlife Trust: Comment that the overall biodiversity gains of the development would outweigh the losses and that the restored landscape will be of higher ecological value than that currently existing. Notwithstanding this general conclusion, the Wildlife Trust originally raised an objection to a number of specific ecological impacts resulting from the development on the following grounds:
a. The Mother Drain has been designated as a SINC since the original planning permission was granted and therefore a further ecological impact assessment of this water course to assess any changes
7 resulting from the development is requested and stand-offs should be provided along the corridor of the Mother Drain. b. Further opportunities to translocate ecologically important hedgerows should be investigated. c. Additional land should be provided for off-setting the terrestrial Great Crested Newt habitat which is lost by the development of the barge loading conveyor. d. Stand-offs/green corridors should be provided around the site boundary and adjacent to hedgerows and ditches to maintain corridors for grass snakes to move around the site. e. Further evaluation of the impact to water vole habitat should be provided in the vicinity of the access road where a new crossing point is proposed to be provided. f. Mitigation for protected species along the route of the access road should be provided. g. Habitat for birds by appropriate seeding of soil stockpiles, reduced cutting of hedgerows and provision of bird boxes should be incorporated within the development. h. A series of planning conditions relating to the restoration of the site to enhance bio-diversity are suggested.
38. NCC (Nature Conservation Unit): An ecological baseline survey has been undertaken to update the ecological information provided as part of the original planning application, however this survey has missed the presence of two new SINC’s known as Burton Round Ditch SINC and Mother Drain Upper Ings SINC. As a result the potential impact on these sites has not been assessed and therefore should be provided. The updated surveys have confirmed that the ecological conditions have changed very little since the last surveys in 2005 and therefore the impact assessment and conclusions reached in the previous planning application remain valid. The restoration scheme would have potential to make significant contribution to local biodiversity habitat creation targets.
39. Ramblers Association: Raise no objections.
40. Central Networks (Electricity): raise no objections in principle provided safety clearances to overhead cables are maintained.
41. Fisher German (Oil Pipelines): Comment that the development may affect an oil pipeline and that consent may be required to undertake works adjacent to this pipeline.
42. Severn Trent Water: raise no objection to the development subject to the imposition of an informative note highlighting the presence of a public sewer on the site and the need to protect the sewer during the course of the development.
43. NCC (Landscape): Raise no landscape objections to the development
44. NCC (Countryside Access): are satisfied that the measures contained within the Rights of Way Crossings report submitted by Lafarge Aggregates ensures that users of the network of public rights of way in the surrounding area are adequately protected. 8
45. NCC (Acoustic Engineer): advises that the noise impact of the development will not adversely affect the amenity of surrounding residential property, subject to the imposition of appropriate planning conditions.
46. NCC Conservation (Archaeology): Raise no objection in principle to the development subject to the imposition of a planning condition requiring the submission of an archaeological scheme of works prior to the commencement of works within any phase.
47. NCC Conservation (Listed Buildings): The cultural heritage assessment which supports the original ES does not incorporate an assessment of the impact on surrounding listed buildings.
48. Lincolnshire County Council, West Lindsey District Council, East Midlands Development Agency, Sturton le Steeple Parish Council, Bole (including West Burton) Parish Council, North Leverton with Habblethorpe Parish Council, Knaith Parish Council, Misterton Parish Council, North East Bassetlaw Area Forum, National Grid (Power Cables), EDF Energy (West Burton Power) Limited, Network Rail & Retford (Gamston) Airport have not provided a response to the planning consultation.
Consultation responses received following supplementary Regulation 19 publicity
49. In accordance with the requirements of the Environmental Impact Regulations the County Council have re-consulted all consultees for their views in connection with the supplementary environmental information provided as part of the Regulation 19 response. The responses received are summarised below.
50. Western Power Distribution: no objections.
51. Fisher German (Oil Pipelines): no objections in principle.
52. NCC (Landscape): no objections.
53. Environment Agency: no objections.
54. Natural England: No objections.
55. Nottinghamshire Wildlife Trust: the supplementary ecological measures submitted within the Reg.19 submission enable the Wildlife Trust to remove their original objections to the scheme. The Wildlife Trust note:
1. The recharging proposals for the Mother Drain SINC and New Ings Drain should mitigate for hydrological changes within these watercourses resulting from quarry dewatering. The recharging proposals should be subject to a submission made prior to the commencement of the planning permission. Any submitted scheme should take account of seasonal variations in water levels across the year and allow for the testing of water quality within pumped water.
9 Invertebrate surveys within the watercourse should be undertaken prior to the commencement of quarrying operations and thereafter at 6 month intervals to monitor the success of dewatering mitigation measures. 2. The transplanting proposals for the hedgerow lost as part of the access road construction are acceptable. 3. The Great Crested Newt clearance strategy and provision of off-set habitat are acceptable. 4. The provision of stand-offs grass verges to retained hedges and drains are acceptable. 5. The water vole mitigation strategy is acceptable. 6. The protected species protection and off-set land mitigation proposals are acceptable.
56. NCC (Nature Conservation Unit): are satisfied that the Regulation 19 response addresses the issues previously raised.
57. NCC (Acoustic Engineer): No further comments to make.
58. NCC Conservation (Listed Buildings): Comments that the historic environment assessment is suitably extensive and detailed, the assessment of the magnitude and significance of impacts is sound and covers all the key receptors of the designated and undesignated built heritage assets. Taking into account proposed mitigation, indirect impacts from other sources are predicted to be low to negligible. Due to the low level of impact predicted, the development would not conflict with any national or local planning policies which provide protection for the settings of heritage assets.
Publicity
59. The application has been advertised by the posting of site notices within the area and the publication of a press notice in the Retford Times. 50 letters of consultation have been sent to residents within the Sturton le Steeple area.
One letter of representation has been received from a resident of Everton which raises concerns regarding a potential increase in the number of extra heavy goods vehicles passing through the village as a result of the development.
The supplementary Regulation 19 response has been advertised by the posting of site notices and publication of a press notice. No further representations have been received.
The issues are considered in the Observations Section of this report.
Highway Observations
60. NCC Highways Development Control raises no objections to the development provided the following requirements remain in place:
a. That a legal agreement is in place requiring all lorries associated with the development be routed in accordance with the lorry routeing agreement with West Burton Power Station next door. 10 b. That no work commences until such time as the weight limit traffic regulation order on Gainsborough Road is relocated to the south of the proposed development. c. That no work commences on site until the proposed new access onto Gainsborough Road has been constructed to the satisfaction of the Highway Authority. d. Any works undertaken within the public highway require agreement with the County Council under the requirements of Section 278 of the Highways Act 1980.
Observations
Policy background
Need and implications of permitting an extension to time limit for implementing the planning permission
61. Central Government Policy contained within Minerals Planning Statement Note 1: Planning and Minerals (MPS 1) provides guidelines for aggregates provision in England. Annex 1 of MPS 1 requires Mineral Planning Authorities to maintain a landbank of permitted reserves to provide sufficient aggregate for a minimum period of seven years. Policy M6.2 of the Nottinghamshire Minerals Local Plan (MLP) reflects this guidance insofar that it states that the County Council will endeavour to maintain a seven year landbank to ensure that Nottinghamshire continues to meets its reasonable share of a regional provision of aggregates.
62. To ensure that a seven-year landbank is provided the MLP allocates seven sites consisting of two new quarries and five extensions to existing quarries. The strategy of allocating seven sites ensures a distribution of sand and gravel reserves throughout Nottinghamshire.
63. Policy M6.8 allocates 313 hectares of land at Sturton le Steeple for sand and gravel extraction. The boundaries of this allocation in relation to the current planning application site are identified on Plan 4. The Sturton le Steeple site forms the largest sand and gravel allocation within the MLP. The successful development of this site is therefore strategically important if the County Council is to meet its regional apportionment of mineral supply. Paragraph 6.93 identifies that the allocated area contains an estimated 10 million tonnes of sand and gravel with 1.25 million tonnes of mortar sand. The text explains that mineral extraction is anticipated to be limited to a central area of 123ha, the remaining area being required to accommodate the plant site, potential wharf site, stockpiles, overburden and soil heaps. Paragraph 6.92 acknowledges that the site is allocated as a partial replacement for quarries at Rampton and Misson/Lound to serve established markets within the Yorkshire area.
64. Central Government recognised that the downturn in the economy and commercial decisions would result in many consented planning permissions not being implemented within the stipulated three year timescales. Government are keen to ensure that such planning permissions remain live and can be quickly implemented when economic conditions improve and therefore have introduced the Town & Country (General Development 11 Procedure) (Amendment No.3) (England) Order 2009 (“the Amendment Order”) to provide a new streamlined procedure that enables the replacement of an extant planning permission which is due to lapse, effectively giving an extension of time for commencement of development and allowing a longer period for implementation.
65. The original planning application for this development was made in November 2006 and permission was granted in October 2008. At this time the economic conditions were significantly different to those experienced today. The Mineral Products Association reported that sales of sand and gravel declined over 2008 and 2009 by 35% with ready-mixed concrete sales declining by 40% over the same period. 2010 and 2011 continue to provide extremely challenging trading conditions. This national picture is echoed locally within Nottinghamshire where sand and gravel production has declined resulting in reduced production at operational sites and the temporary closure of other sites. However, over recent months production rates have started to increase as the construction industry is showing signs of recovery.
66. Notwithstanding the downturn in sand and gravel production there remains a compelling need for the mineral originating from Sturton le Steeple over the medium and long term to ensure that Nottinghamshire continues to meet regional and national apportionments of sand and gravel production.
67. It is therefore concluded that an extension of time to the commencement of the Sturton le Steeple planning permission is both reasonable in terms of national government policy aimed at keeping extant planning permissions live and local sand and gravel landbank apportionments.
Assessment of potential environmental impacts
68. MLP Policy M6.8 supporting paragraph 6.95 sets out the main issues which any planning application for development of the Sturton le Steeple allocation needs to address, the criteria is set out below:
a. The impact on the local highway network, which will require legal agreements to control traffic movements to avoid Sturton le Steeple and Retford; b. The plant site should be sensitively located to minimise visual impact; c. A new access will need to be constructed to the north of Sturton le Steeple. Advanced screening should be undertaken along the line of the proposed access to protect views from Sturton le Steeple. Access through the power station may be possible and could offer an acceptable alternative; d. The viability of using barge transportation for at least a proportion of production should be demonstrated in accordance with Policy M3.15; e. Impact on footpaths and bridleways and need for suitable alternative routes; f. Archaeological remains are also likely to exist and will require further investigation; g. The restoration will involve significant water areas. These should be used for significant nature conservation that will promote new habitats and species in line with the Local Biodiversity Action Plan;
12 h. 31% of the site is Grade 3a agricultural land, as much as possible of this should be returned to equivalent standards; i. Important land drains cross the site. Drainage provision should be retained during and after mineral extraction, in accordance with Policy M3.8.
Transport – Highway Capacity
69. Increased vehicles and particularly HGV traffic associated with the development and operation of the quarry has potential to create negative impacts on the surrounding road network. Objections to movement of sand and gravel by road forms the single largest concern raised by local residents and Parish Councils. The key policy in assessing whether traffic levels are acceptable is Policy M3.13 of the MLP. This policy states:
‘Planning permission for minerals development will only be granted where the highway network can satisfactorily accommodate the vehicle movements likely to be generated and would not cause unacceptable impact upon the environment and disturbance to local amenity’.
70. To enable a judgement to be made as to whether the local highway network can satisfactorily accommodate the additional traffic and therefore comply with the above policy, the Environmental Statement (ES) submitted in support of the planning application incorporates a traffic impact assessment (TA). The TA has been written in accordance with the Guidelines for Traffic Impact Assessment 1994 as published by the Institute of Highways and Transportation, in addition to the guidance given in Planning Policy Guidance Note 13: ‘Transport’ (PPG 13). The TA considers the condition of the existing highway network, quantifies baseline traffic flows and the volume of additional traffic generated by the development. Using this information the TA quantifies the environmental and road capacity impact of this traffic.
71. For the purposes of the TA it is assumed that all sand and gravel production would be transported by road and no material would be carried by barge. This assumption could be referred to as a ‘worst case’ scenario insofar as the traffic impact is concerned. This has identified that the quarry will generate 192 two way HGV movements each day (96 loads into the site and 96 loads out of the site), equating to 38 two way HGV movements at peak hours (morning rush hour). The development would also generate an additional 40 two-way light vehicle movements each day. The impact of this additional traffic on the capacity of the highway has been assessed at the peak daily period and has factored in anticipated traffic growth over the next ten years.
72. The conclusion of the TA is that the local highway network has capacity to accommodate the additional traffic generated by the development without any significant additional safety risk. The County Council’s Highway Officer has studied the TA and accepts its conclusions. To ensure that HGV movements do not exceed the level set out within the TA a planning condition is suggested to control the maximum number of HGV movements.
73. It is understood that the applicant owns mineral rights on the east side of the River Trent within Lincolnshire. To ensure that there are controls in the future to control the applicant processing and distributing this material within the 13 plant site at Sturton le Steeple a planning condition is suggested to ensure that only material excavated from the application site can be processed and distributed at Sturton le Steeple.
Transport – Lorry Routeing Arrangements
74. Paragraph 6.94(a) which forms part of the supporting text to MLP Policy M6.8 identifies the need to control HGV movements through legal agreements at Sturton le Steeple to ensure that lorries follow roads designed to a suitable width and construction. The application proposes that all HGV traffic associated with the quarry would be required to travel the 2.5km north from the site access road along the Gainsborough Road/Sturton Road before joining the A620 at the Bole Corner roundabout.
75. The routeing of lorries northwards towards the A620 would ensure that all HGV’s associated with the operation of the quarry would avoid trafficking through Sturton le Steeple and surrounding villages to the south of the proposed access where they would potentially create adverse environmental impacts. Should Members be minded to grant planning permission for the development, it is recommended that the decision should be issued subject to the applicant entering into a legal agreement under Section 106 of the Town and Country Planning Act to control the routeing of HGVs.
76. The development has potential to result in additional HGV traffic on the highway network beyond the A620 junction to the north. Objections have been received from both Everton and Gringley on the Hill Parish Councils that these increased traffic movements would result in unacceptable traffic impacts within these villages along the A631. The applicants TA incorporates an ‘extended trip duration’ which uses the assessment of anticipated markets for the sand and gravel to calculate the number of HGV’s on the wider highway network, remote from the site. The extended trip duration identifies that an additional 106 trips would occur along the A631 through Everton. Existing 12 hour two way traffic flow on the A631 is approximately 5770 vehicles of which 720 are HGV’s. The County Highways Officer is satisfied that the additional vehicles resulting from the operation of Sturton le Steeple quarry can be accommodated on these roads without detriment to road safety or amenity. The additional HGVs would increase the basic noise level for the A631 by 0.3dB. This level of change is considered as insignificant under Department of Transport guidelines for calculating the impact of road traffic noise and would not be noticed by residents living alongside the road. Furthermore the increased movement of lorries along these roads would generate an insignificant additional risk of vibration and property damage and would be well below the level that is required to cause even minor structural damage.
77. The A631 is one of the main roads within Nottinghamshire which forms part of the Strategic Highway Network. The purpose of the strategic highway network is to carry traffic between the main towns within Nottinghamshire and the surrounding areas and as such these roads are designed and maintained to a higher standard. Since the A620 and A631 are part of the strategic highway network it is appropriate that any lorries leaving the Sturton le Steeple quarry are routed onto these roads.
14 78. It is therefore concluded that, subject to the applicant entering into a legal agreement to control lorry routeing, the development complies with the requirements of MLP Policies M3.13 and M3.14 relating to vehicular movements and routeing.
79. There is currently a 7.5 tonne weight restriction on Gainsborough Road, immediately to the south of the West Burton Power Station access. The weight restriction was imposed to ensure that HGVs can legally access the power station but do not travel any further south towards residential properties in Sturton le Steeple. As part of this development there would be a requirement for the developer to agree with the highway authority a relocation of the weight restriction further south to facilitate access to the proposed quarry. Moving the weight restriction would allow access to the quarry whilst still protecting the village of Sturton le Steeple. A clause should be included in the S106 agreement to the effect that the developer will use their best endeavour to extend the Traffic Regulation Order (TRO), agreeing to pay all the County Council's costs in processing the amendment to the TRO and any subsequent changes to signs and lines required to implement the amended weight restriction.
Transport – Alternatives to HGV Freight Transport
80. Sand and gravel is a low cost bulk mineral and, because the aggregate has a widespread geographical occurrence, transport costs usually concentrate sales within a 30-40km radius. Long distance haulage is normally only economic where large tonnages can be sent by rail or water to areas where demand exceeds local sources of supply.
81. Sand and gravel produced from Sturton le Steeple is anticipated to serve local markets. The applicants have identified the likely markets for minerals arising from the proposed quarry. This shows that the sand and gravel would be sold to various ready mix concrete suppliers and general building suppliers (building merchants and small scale contracts) with average trip distances of approximately 25 miles. Since the geographic spread of these anticipated markets is relatively scattered the viability of using rail and river based transport is limited, primarily because these transport methods are constrained by the provision of the existing infrastructure.
82. Rail and river transport becomes more viable when long term contracts are established delivering material between two fixed locations over longer distances. The application identifies that sand and gravel would be delivered to the Humberside area, a contract which is anticipated to be long term and involve a significantly longer transport journey. To serve this market consent is sought for the construction of a wharf to facilitate the distribution of sand and gravel along the River Trent using barges. The applicant currently utilises barges to deliver sand and gravel from its Besthorpe Quarry to Europort at Whitwood, Wakefield. Tonnages of sand and gravel delivered by barge from Besthorpe have fluctuated around 100,000 to 200,000tpa. Since the Sturton le Steeple wharf is closer to Europort than Besthorpe, and reserves at Besthorpe are dwindling it is anticipated that Sturton le Steeple would replace the majority of deliveries currently undertaken from Besthorpe. As a consequence it is anticipated the annual production of sand and gravel at
15 Besthorpe would significantly reduce following Sturton le Steeple becoming operational.
83. MLP Policy M3.15 states that planning permission will not be granted for major proposals which rely on road transport until it has been demonstrated that more sustainable forms of transport are not viable. Since the applicant has demonstrated that the local highway network has sufficient capacity to accommodate all of the annual production of the proposed quarry without significant adverse environmental impact it is considered unreasonable to impose a planning condition limiting the amount of material which can be delivered by road in this instance.
84. Nevertheless, the use of barge transport could potentially reduce HGV traffic numbers by between 20% to 40% from the figures set out within the ‘worst case scenario’ of the TA. It could therefore be viewed as desirable to impose a planning condition requiring a certain percentage of material to be transported by barge from an environmental point of view. The applicant advises that the imposition of a planning condition may prejudice the ability to obtain funding and therefore the viability of the barge transportation for the construction of the wharf through the ‘Waterborne Freight Facilities Grant’, a Government grant which is aimed at providing financial support to encourage the transhipment of materials by inland waterway. This is confirmed in the Department for Transport’s Freight Facility Grant Advice Note. The level of grant available is limited to the value of environmental benefit of the proposed scheme. In this case this would equate to the environmental benefits of removing HGV traffic from the road network. Securing funds is therefore determined by being able to demonstrate that if the grant were not provided then the material would be moved by road.
85. It is concluded that the viability of river transport is only achieved through the applicant successfully obtaining a Waterbourne Freight Facilities Grant. Since the imposition of a planning condition requiring the use of barge transport would limit access to such a grant, thereby making barge transport not financially viable, the imposition of such a condition would fail to satisfy the viability test set out within MLP Policy M3.15. Given the potential to restrict grant funding, a planning condition requiring the applicant to use a wharf is not imposed, enabling the company to pursue grant funding voluntarily, as they successfully did at Besthorpe Quarry.
Transport – Highways Safety and Protection
86. MLP Policy M3.12 advises that measures should be put in place to prevent damage to the highway. To ensure compliance with this policy the application proposes the provision of wheel cleaning facilities, the sheeting of all lorries leaving the site and the provision of a metalled haul road from the plant site to the public highway. These measures should minimise disturbance arising from spillage onto the public highway and therefore ensure associated mud and dust nuisance is minimised. The use of planning conditions can ensure that these facilities are provided and maintained.
87. The quarry access point has been engineered to ensure that egressing traffic turns right in a north direction towards the A620. Subject is appropriate visibility splays, additional tree, shrub and hedgerow planting would be 16 undertaken in the vicinity of the site entrance to provide a landscaped entrance. Top soil and subsoil would be stripped and stored in a 2.5m high bank immediately to the south of the access road to screen HGV headlights shining directly towards properties in Sturton le Steeple. The applicants report that it has not been possible to provide a shared access with the power station.
Landscape and Visual Impacts
88. The site falls generally within the Trent Washlands Regional Character Area (RCA), although the western half of the access road and site entrance fall within the Mid Nottinghamshire Farmlands RCA while the eastern half, including the plant site area falls within the Terrace Farmlands RCA. The West Burton Power Station, situated adjacent to the application site dominates the visual character of the area.
89. MLP Policy M3.22 seeks to ensure that landscape distinctiveness and character is not adversely affected as a result of minerals development. MLP Policy M3.3 states that planning permission will only be granted for minerals development where any adverse visual impacts can be kept to a minimum and encourages the use of planning conditions to minimise visual impacts. To assess the impact of the development the ES contains a landscape and visual impact assessment compiled in accordance with good practice guidelines provided by the Landscape Institute.
90. The assessment identifies that the main changes affecting the landscape character would be the progressive removal of the existing relatively flat, large arable fields and their replacement with mainly water based conservation habitats as well as woodland and conservation grassland areas. While aesthetically different from the existing landscape characteristics, the scale, openness, form and pattern of the proposed landform is in keeping with the character of the surrounding floodplain landscape.
91. Visual impacts arising from the development are principally associated with the access road, the plant site, the barge loading facilities, soil mounds and quarrying operations. Principal viewpoints are generally within the confines or within 500 metres of these features, including the network of footpaths, bridleways and byways. Secondary viewpoints were found to lie at a distance of between 0.5km-3km incorporating views mainly from the villages of Sturton le Steeple, Littleborough and Knaith and surrounding roads.
92. Visual and landscape impacts are mitigated primarily by the remote location of the site which ensures that site operations are not located in close proximity to sensitive receptors. The use of planning conditions would ensure that existing screen landscaping is retained, and require the site to be worked on a phased basis thus ensuring restoration is undertaken at the earliest practical opportunity thereby minimising visual impacts. Impacts arising from the plant site development would be minimised by the presence of the woodland area immediately to its west. Planning conditions are suggested in accordance with MLP Policy M3.5 to control the colour of plant and its removal upon the cessation of mineral extraction.
17 93. It is therefore concluded that the development would not have a significantly detrimental landscape or visual impact thus ensuring the requirements of Policies M3.22 and M3.5 are satisfied.
Impact on Footpaths and Bridleways
94. The application site is crossed by a number of public footpaths, bridleways, byways and roads used as public paths. The method of working the quarry ensures that there will be no permanent closures or alterations to the line of any of these public rights of way.
95. The development would however result in quarry plant and haulage vehicles crossing these existing public rights of way with the potential to affect public safety. To ensure that public safety is protected the application proposes various measures including signs, kissing gates and electronically activated barriers. Subject to the implementation of these protection measures public access on the network of public rights of way within the application site would not be significantly adversely affected during the operational life of quarry. The implementation of the protection measures through planning conditions would ensure that the requirements of Policy M3.26 are complied with.
96. Upon restoration, public access would potentially be enhanced as a result of the increased interest and quality provided by the increased variety in new habitats and landscape.
Archaeology and the Historic Environment
97. The applicant has prepared a historic environment assessment to assess the significance of impact to the heritage asset in the area. The document has been prepared in accordance with national planning policy relating to the historic environment as set out within Planning Policy Statement 5: Planning for the historic environment and its accompanying practice guide. The report assesses impacts to heritage assets within a 2km radius of the application site and compliments the archaeological appraisal which supported the original planning application. 98. In terms of archaeological impacts, MLP Policy M3.24 provides guidance in respect of archaeology within minerals workings. The policy advises that archaeological remains of national importance should be preserved in situ. However remains of lesser importance, such as those at Sturton le Steeple, can be preserved by excavation, recording and publication.
99. A baseline archaeological assessment has been carried out across the whole 313 hectares of the Sturton le Steeple site allocation and has identified five areas of particular archaeological interest. To ensure that archaeological impacts are minimised the boundaries of the current application have been drawn around a smaller area of land than the MLP allocation. This ensures that four of these five areas are outside the extraction area and therefore would not be affected by the development. A recharge trench (an engineered trench into which water is pumped) in conjunction with a hydrological monitoring scheme is proposed along the southern extraction boundary to protect these archaeological remains from any harmful impacts arising from quarry dewatering. 18
100. The fifth area of particular archaeological interest, (considered to be of regional interest) would be excavated and therefore destroyed. Other parts of the site are of potentially lower archaeological interest. These include the route of the haulage road, field conveyor, land adjacent to the western boundary of the site and within the plant site. In accordance with MLP Policy M3.24 planning conditions are suggested to ensure that a scheme for the detailed recording of archaeological remains would be undertaken. This planning condition ensures that archaeological remains in these areas are preserved by record. Due to varied importance of archaeological remains within each phase the planning condition should require a phase by phase submission of archaeological treatment to reflect the variety of archaeological interest throughout the site.
101. MLP Policy M3.25 seeks to ensure that minerals developments do not unacceptably harm the character, appearance, condition or setting of conservation areas, listed buildings, historic battlefields and historic parks and gardens. The historic environment assessment identifies that direct impacts to such designations would not occur. The development has potential to have an indirect visual impact to the settings of nearby designated heritage assets. To assess the significance of these impacts the report identifies all heritage assets within a 2km radius of the application site. After taking into account proposed mitigation, indirect impacts from the development are predicted to be low to negligible at these receptors and therefore the development would not conflict with MLP Policy M3.25 or any national planning policies which provide protection for the settings of heritage assets.
Natural Environment and Ecological Impacts
102. The ecological baseline surveys which support the planning application identifes that the working areas of the site do not incorporate any Special Areas of Conservation (SAC) or Sites of Special Scientific Interest (SSSI). The development therefore does not prejudice the objectives of MLP Policy M3.18 relating to the protection of Special Areas of Conservation and MLP Policy M3.19 relating to the protection of SSSI’s.
103. The application site incorporates a large area of land which provides a habitat for a range of plant and animal species. These habitats have been surveyed to enable an assessment to be made of the level of significance of impact resulting from the development, and this survey has been updated to take account of any changes to the biodiversity on the site since the previous planning permission was granted. The MPA has sought appropriate technical ecological advice from Natural England, Nottinghamshire Wildlife Trust and the County Ecologist to ensure that ecological impacts are avoided, mitigated and compensated and to ensure the scheme offers maximum ecological benefit upon restoration, an approach which is consistent with Planning Policy Statement 9: Biodiversity and Geological Conservation and MLP Policy M3.17 relating to the protection/mitigation of impacts to biodiversity interests.
104. The ecological survey identifies that the majority of species on the site are common and widespread both nationally and locally and therefore do not require any specific protection. Because the site is predominantly under
19 intensive arable production and has been disturbed in the past it does not contain a significant number of different habitats.
105. Notwithstanding the generality of this conclusion, the site contains a number of statutory protected species and ecologically valuable habitats which provide important bio diverse habitats. PPS9 and MLP Policy M3.17 require these species and their habitats to be protected, or any impacts to be appropriately mitigated. These mitigation measures are summarised below.
a. Since the original application was given planning permission the Mother Drain which adjoins the boundary of the site along the eastern boundary has been designated as a Site of Importance for Nature Conservation (SINC). Quarry dewatering has potential to result in an indirect impact within the Mother Drain SINC as well as the New Ings Drain by resulting in a lowering of water levels with potential negative impacts to ecology. In accordance with MLP Policy M3.20 the applicant has identified that these negative impacts could be mitigated through a recharge system whereby a proportion of the water extracted from quarry dewatering is pumped into these watercourses thus compensating for any lowering of water levels. Since the Mother Drain is outside the planning application boundary it is not possible to control the implementation of a recharge system through planning condition and it will be necessary to impose a further clause within the Section 106 agreement requiring the submission of a recharge scheme and on- going ecological monitoring to ensure negative impacts are mitigated.
b. Great Crested Newts: have been recorded within Pond 2 located outside the development site beyond the northern boundary. Whilst no mineral extraction is proposed in this area, a conveyor belt and access route is proposed approximately 250m from this pond. Whilst the potential for newts on these routes are low due to their current arable use of the land, planning conditions requiring the conveyor and access road routes to be kept bare of vegetation and ploughed after the final crop is harvested making the land unsuitable for great crested newts and a walk over survey/relocation of newts to Pond 2 would ensure that Newts are not directly harmed by the development. Mitigation for any potential lost terrestrial newt habitat would be provided by setting aside 30 hectares of arable land between the conveyor and Pond 2/Drain D10, land to the west of the conveyor corridor and managing the top soil stores as a grazed hay meadow habitat suitable for Great Created Newts. Because this land (excluding the soil bunds) is outside the application site, securing this habitat creation would necessitate the insertion of a further clause within the Section 106 agreement.
c. Reptiles: 5m stand-offs to hedgerows/drains & 10m stand-off to the Mother Drain maintained as a course grassland are proposed, secured through planning condition, to maintain movement corridors through the development site.
d. Bats: Negative impacts could result from the loss of 11 trees which have bat roost potential and a general loss of bat foraging habitats. As mitigation of these impacts a planning condition is suggested requiring bat surveys to be undertaken at the 11 trees prior to their removal. 20 Foraging habitats would progressively be replaced with enhanced habitats as part of the restoration scheme. The reptile stand-offs would assist in providing foraging/commuting habitat for bats.
e. Water Voles: Two water vole burrows have been identified as part of an updated water vole survey undertaken on land adjacent to an existing watercourse crossing which is to be re-constructed. Whilst these burrows are not currently directly affected by the road construction, water voles are transient species and therefore may relocate before works starts on the construction of the road. To ensure water voles are not harmed a planning conditions is suggested requiring further surveys be undertaken prior to the commencement of the road construction with appropriate mitigation being agreed if water voles are identified, these measures could be secured by planning condition. A planning condition is also suggested to require water vole habitat creation as part of the restoration of the site.
f. Protected Species: The installation of standard reflectors along the route of the access road would address any issues over protected species mortality. Protected species are concentrated towards the north of the site and therefore the Great Crested Newt terrestrial habitat creation works would also provide enhanced foraging habitat for protected species. Annual monitoring of populations is recommended with the results feeding into an overall protected species mitigation scheme can be secured through planning condition.
g. Hedgerows: The proposals for the site include the loss of a section of ‘midland hedgerow’ a local genetic stock to accommodate the development of the access road. Rather than felling this hedgerow it is proposed to translocate the plants to form a copse to the north of the access road, these works could be secured through a planning condition. The scheme also proposes the gapping up of retained hedgerows throughout the site and a relaxation of management to maximise the ecological value of the hedges.
h. Birds: The relaxation of hedgerow management, provision of stand-offs and additional creation of grassland areas outlined above would ensure that any adverse loss of habitat is sufficiently compensated. Any removal of hedgerows can be conditioned to ensure such works are undertaken outside the bird nesting season so as to ensure nesting birds are not adversely impacted.
Restoration Proposals
107. The application is supported by a detailed phased restoration scheme in accordance with the requirement of MLP Policies M4.1 & M4.2. The restoration proposals have been guided by the findings of the landscape and visual assessment and the ecology assessments which have identified the types of physical features, landscape character and Biodiversity Action Plan (BAP) priorities and opportunities that could be incorporated into the restoration scheme.
21 108. Soil and other materials suitable for restoration are to be conserved in accordance with the requirements of MLP Policy M4.3. Planning conditions are suggested to ensure best practice is used to preserve these materials. Since all restoration materials would be derived from within the site the majority of the extraction void would be restored to low lying wetland areas and water based after use. There are no proposals to import external fill material onto the site for restoration purposes, and a planning condition is suggested to prevent material importation.
109. The restoration scheme is identified on plan 3. The scheme provides for the southern half of the site to be restored to an ecologically rich habitat comprising wetland shallows, reedbeds, peat bog, small bodies of open water and areas of acid grassland, heath land and woodland planting. To achieve the shallow water depths in this area the use of soil, overburden and peat resources would be concentrated into the southern area. As a result of the restoration strategy that concentrates materials in the southern area, the northern area would be restored to a much larger area of open water surrounded by shallows and acid grassland. In accordance with the requirements of MLP Policy M4.4 planning conditions are suggested to ensure a detailed scheme of planting and management of the site is submitted and the site is managed as part of an agreed aftercare plan for the five-year period following restoration.
110. The southern area would lend itself suitable as a self-managing nature reserve after-use. The northern area may be more suitable to informal recreation or a leisure after-use (subject to subsequent planning permission).
111. The applicant has confirmed that they are prepared to extend the statutory five-year aftercare period for a further five years (ten years total). The applicant proposes annual aftercare meetings to review progress and set objectives for the following year. This practice is common and works well at a number of other mineral sites within Nottinghamshire. The extended management of the site is therefore welcomed and should provide enhanced restoration for the site over and above that which can normally be achieved. In accordance with guidance contained in MPG7: ‘The Reclamation of Mineral Workings’ (MPG7) and MLP Policy M4.11 it is recommended that the extended management provisions be secured through a Section 106 legal agreement.
Agricultural Land Classification
112. MLP Policy M3.16 states that planning permission will only be granted for minerals development on the best and most versatile agricultural land (Grades 1,2,3a) where it is demonstrated that:
a. the proposals will not affect the long term agricultural potential of the land, or b. there is no available alternative and the need outweighs the agricultural interest, or c. available land of a lower agricultural value has sustainability considerations which outweigh the agricultural land quality.
22 113. The scheme does not affect any Grade 1 or 2 agricultural land, however 13.2ha (or 12% of the site area) is Grade 3a agricultural land which would be affected. In the context of Policy M3.16, the applicant has clearly sought to limit the amount of Grade 3a agricultural lost insofar that the M6.8 allocation for 313 hectares of land at Sturton le Steeple contains 31 % of Grade 3a agricultural land (or over 100 hectares). The 13.2 hectares of Grade 3a land proposed for development represents only a very small proportion of the Grade 3a land originally allocated for development under the M6.8 allocation. It is therefore concluded the loss of 13.2ha of Grade 3a agricultural land is outweighed by the need for the mineral and the lack of alternative available allocated sites in the context of the MLP. The criteria set out within MLP Policy M3.16(b) has therefore been satisfied.
Site Drainage and Potential Flood Risk
114. The principle potential impacts have been identified as increased flood risk and impairment of ground and surface waters.
115. To assess potential flood risk a flood risk assessment has been prepared in accordance with the requirements of government guidance contained in Planning Policy Statement 25: ‘Development and Flood Risk’ (PPS25) and MLP Policy M3.9. Through this assessment the applicant has demonstrated that the development would not have an adverse impact on flood flows and flood storage capacity in the surrounding area, or on the integrity or function of flood defences. The Environment Agency accepts the findings of the assessment.
116. The development makes only minor alterations to existing surface water drainage channels thus ensuring no significant detrimental impacts on surface water flows.
117. Quarry dewatering would impact upon groundwater conditions on surrounding land. The main impact of quarry dewatering at Sturton le Steeple has been identified as a potential impacts on archaeological remains outside the extraction area although the groundwater recharge trench is proposed to mitigate this impact and potential changes to water levels within the Mother Drain SINC which would be mitigated by a scheme of monitoring and pumping of water if levels dropped below a specified level. Due to the relative remoteness of the site it is concluded that the sand and gravel resource can be won dry with no significant impact to local water abstractions, baseflow in the River Trent, or harmful impacts to surrounding buildings and structures.
118. The development does not give rise to any potential for ground and surface water pollution. It is therefore concluded the development complies with MLP Policy M3.8.
Noise
119. The operation of the quarry has potential to generate noise primarily due to the operation of heavy machinery. Government guidance relating to noise from minerals workings is contained within Minerals Planning Statement 2: ‘Controlling and mitigating the environmental effects of mineral extraction in England’, Annex 2: Noise (MPS 2). This guidance states that noise emissions 23 from mineral workings, when measured at nearby residential properties should not exceed 55 dB LAeq, 1h (free field). However the guidance recommends that a lower nominal daytime limit might be appropriate in quieter rural areas if a limit set at 55 dB LAeq, 1h for noise from the proposed development would exceed the existing background noise levels by more than 10 dB(A).
120. The ES includes a noise assessment. For the purposes of the noise assessment the applicant has assessed the noise impact against both 55 dB LAeq, 1h and background levels by more than 10dB(A). The noise assessment uses methodology contained in BS5228:1997: Noise and Vibration Control on Construction and Open Sites to demonstrate that noise emissions would be no greater than 10 dB(A) above existing background levels or 55 dB LAeq at surrounding residential properties. The assessment therefore concludes that noise emissions associated with the operation of the quarry would be unlikely to result in justified noise complaints from local residents.
121. MLP Policy M3.5 suggests conditions should be imposed on mineral working sites to control adverse noise impacts arising from mineral workings. In accordance with the criteria of this policy it is suggested the operating hours be restricted to 07:00 to19:00 Monday to Friday and 07:00 to 13:00 Saturdays for quarry operations with the exception of the wharf which shall be 06:00 to 21:00 Monday to Friday and 07:00 to 14:00 Saturdays. Furthermore a condition is suggested requiring sound proofing of fixed and mobile plant including the use of white noise reversing alarms.
122. A noise assessment has been undertaken to assess the impact of HGV traffic using the access road. This assessment has demonstrated that noise emissions associated with the vehicle movements would not exceed levels set out within MPS 2. A 2m high close boarded fence is proposed on the northern boundary of the access road adjacent to St Ives bungalow (situated near the new quarry road junction) to provide visual and acoustic screening to this property.
123. A planning condition is suggested to require six monthly noise monitoring during the life of the quarry to ensure that noise emissions remain at an acceptable level.
Air Quality
124. MPS 2 Annex 1: ‘Dust’ recommends that a dust assessment study be undertaken for all minerals developments. The ES includes a dust assessment which considers the potential impact of the sand and gravel extraction and processing activities on dust generation and potential for nuisance. The report concludes that the main dust mitigation is provided through the separation of sources of dust and sensitive receptors. In accordance with MLP Policy M3.7 planning conditions are suggested to require the use of water bowsers and sprays during dry and windy conditions and the seeding over of soil mounds. Routine monitoring of dust is not suggested during the life of the quarry since nuisance from dust is not anticipated.
24 125. Although the movement of mineral by conveyor within quarry sites is normally favoured from an environmental point of view due to lower dust and noise emissions of conveyor transport, constraints within the mineral reserve at Sturton le Steeple including layers of inter-burden and variable depths of soils and overburden would make it difficult to achieve a level surface for a conveyor run. The use of dump trucks to transport excavated material from the quarry to the plant site is proposed by the applicant due to the flexibility dump trucks provide. Since the use of dump trucks does not raise any significant adverse environmental impacts, no objections are raised to this method of working.
Birdstrike
126. The site is relatively remote from surrounding airfields and no objections have been received regarding potential hazards in connection with birdstrike.
Human Rights Act Implications
127. The relevant issues arising out of consideration of the Human Rights Act have been assessed in accordance with the Council’s adopted protocol. Rights under Article 8 and Article 1 of the First Protocol may be affected. The proposals have the potential to introduce additional vehicular movements onto local roads, minor increases in noise, dust and general activity within a rural location. However, these considerations need to be balanced against the wider benefits the proposals would provide in meeting industry demand for sand and gravel production and the wider ecological benefits provided by the restoration of the site. Members will need to consider whether these benefits would outweigh the potential impacts.
Statutory and Policy Implications
128. This report has been compiled after consideration of implications in respect of finance, equal opportunities, personnel, Crime and Disorder and users. Where such implications are material, they have been brought to out in the text of the report. Attention is, however, drawn to specifics as follows:-
Crime and Disorder Implications
129. It is anticipated that the development will not give rise to any significant crime and disorder impacts.
Conclusions & Summary of Decision
130. The Town & Country (General Development Procedure) (Amendment No.3) (England) Order 2009 has been introduced by the government to ensure that planning permissions which may not be implemented due to a downturn of the economy remain live and can be quickly implemented when economic conditions improved. Despite a downturn of sand and gravel extraction at both a national and county level over the last 2-3 years, the Sturton le Steeple site forms part of the strategically important MLP Policy M6.8 sand and gravel allocation. The development of the site would help to ensure that Nottinghamshire continues to meet its regional apportionment of sand and gravel production for the foreseeable future. The quarry would form an 25 essential component of this county’s aggregate provision and without it the county will be significantly below its landbank requirements.
131. Sturton le Steeple is a relatively remote site with few on-site constraints. The main on-site impact arises from a change in the landscape character with the loss of a number of large arable fields and their replacement with wetland and open water areas. Although different, this change in landscape character is not out of keeping with the landscape character and distinctiveness of the Trent Valley therefore complying with Nottinghamshire Minerals Local Plan Policy M3.22. Visual impacts of the development are limited and screened to a significant extent by existing vegetation thereby ensuring compliance with Nottinghamshire Minerals Local Plan Policy M3.3 & M3.4.
132. The application boundaries have been drawn to minimise impacts on nearby archaeologically important areas. Operational impacts on surrounding residential properties are minimised due to the remoteness of the site. The restoration of the site would provide significant ecological benefits which are maximised through the suggested extended management secured through a Section 106 agreement.
133. The main area of local concern has been in connection with the transport of material, particularly the additional lorries on the highway network. The applicant has demonstrated that the highway network has sufficient capacity to satisfactorily accommodate the additional vehicles associated with the development. The implementation of a lorry routeing agreement would ensure that HGVs are routed along the Strategic Highway Network. The application provides scope for the movement of a proportion of the sand and gravel by river, which should assist in reducing transport movements to a level lower than that set out within the application.
134. The County Council has taken account of the information submitted as part of the planning application, the Environmental Statement, representations and the consultation responses received regarding the environmental effects of the development demonstrates that any potential harm as a result of the proposed development would reasonably be mitigated by the controls within the Section 106 legal agreement and the imposition of the attached conditions.
RECOMMENDATION
135. It is RECOMMENDED that the Group Manager, Legal Services be instructed to enter into a Section 106 legal agreement covering
a. Lorry routeing; b. The long term management of the restored site for 5 years beyond the statutory 5 year period; c. The developer to use their best endeavour to extend the Traffic Regulation Order (TRO), agreeing to pay all the County Council's costs in processing the amendment to the TRO and any subsequent changes to signs and lines required to implement the amended weight restriction; d. To secure the creation of supplementary Great Crested Newt terrestrial habitat on the land to the north of the quarry, as indicated on drawing reference Sturton Steeple Ecology Habitat Plan 001; 26 e. A scheme of mitigation to compensate for indirect hydrological changes within the Mother Drain SINC and New Ings Drain. The scheme shall include survey data of seasonal water levels, trigger levels for water pumping, water quality monitoring and six monthly invertebrate assemblage assessments throughout the life of quarry dewatering operations.
136. It is FURTHER RECOMMENDED that, subject to the completion of the legal agreement, planning permission be granted subject to the conditions set out in Appendix 2. Members need to consider the issues, including the Human Rights Act issues, set out in the report and resolve accordingly.
SALLY GILL Group Manager (Planning)
Legal Services’ Comments
Committee have power to decide the Recommendation. {SHB 23.08.11}
Financial Comments of the Strategic Director (Resources)
The contents of this report are duly noted; there are no financial implications. [DJK 17.08.11]
Background Papers Available for Inspection
The application file available for public inspection by virtue of the Local Government (Access to Information) Act 1985.
Electoral Division(s) and Member(s) Affected
Tuxford Division Cllr John Hempsall
W000745 EP5307 12.8.11
27
APPENDIX 2
RECOMMENDED PLANNING CONDITIONS
Commencement
1. The development hereby permitted shall be begun within 5 years from the date of this permission.
Reason To comply with the requirements of Section 91 (as amended) of the Town and Country Planning Act 1990.
2. The Minerals Planning Authority (MPA) shall be notified in writing of the date of commencement at least 7 days, but not more than 14 days, prior to the commencement of the development.
Reason To enable the MPA to monitor compliance with the conditions of the planning permission.
3. From the commencement of the development to its completion, a copy of this permission including all plans and documents hereby approved, and any other plans and documents subsequently approved in accordance with this permission, shall always be available at the site offices for inspection by the MPA during normal working hours.
Reason To enable the MPA to monitor compliance with the conditions of the planning permission.
Approved Plans
4. The development hereby permitted shall only be carried out in accordance with the details contained within the Environment Statement and in particular the plans identified below, or where amendments are made pursuant to the other conditions below:
a. Planning application for ‘extension of time’ planning permission comprising of planning application forms, supporting statement and ecological baseline update report received by the MPA on the 7th January 2011. b. Supplementary Regulation 19 response incorporating supplementary ecological and historic environment assessment received by the MPA on the 22nd June 2011. c. Drawing No. SLS 2/1 – Site Location Plan received by the MPA on the 15th November 2006. d. Drawing No. SLS 2/2 – Application Site and Context received by the MPA on the 15th November 2006. e. Drawing No. SLS 2/3 – Application Site and Ownership Boundary received by the MPA on the 15th November 2006. f. Drawing No. SLS 5/1 – Block Phasing Plan received by the MPA on the 15th November 2006.
28 g. Drawing No. SLS 5/2 – Initial Development Access Road and Plant Site Plan received by the MPA on the 15th November 2006. h. Drawing No. SLS 5/3 – 5/8 – Working and Restoration Phasing Plans received by the MPA on the 15th November 2006. i. Drawing No. MP300 – Site Layout Drawing Standard Setup received by the MPA on the 15th November 2006. j. Drawing No. 63239/009 – Diversion of Watercourse and Culvert under Cowpasture Lane received by the MPA on the 15th November 2006. k. Drawing No. SLS 6/1 – Concept Restoration – Entire Site received by the MPA on the 15th November 2006. l. Drawing No. SLS 6/2 – Concept Restoration – Wetland Area received by the MPA on the 15th November 2006. m. Drawing No. 63239/010-017 – Access Road Layout Sheets 1-8 received by the MPA on the 17th July 2007. n. Document SLR: ref 403-0164-00060 Rights of Way Crossings Mitigation Statement received by the MPA on 11th October 2007.
Reason For the avoidance of doubt.
Weight Restriction Traffic Regulation Order
5. The development permitted by this planning permission shall not be initiated by the undertaking of a material operation as defined in Section 56(4)(a)-(d) of the Town and Country Planning Act 1990 in relation to the development, until such time that the existing weight restriction on the Gainsborough Road has been relocated to the south of the proposed quarry access.
Reason To ensure the development does not breach the requirements of the Gainsborough Road, Sturton le Steeple Weight Restriction Traffic Regulation Order.
Duration of Planning Permission
6. All mineral extraction shall cease on or before the 31st December 2035.
Reason To secure proper restoration of the site within an acceptable timescale and in accordance with Policy M4.1 of the Nottinghamshire Minerals Local Plan.
7. All restoration operations in accordance with conditions 47-61 shall be completed by the 31st September 2036, or within one year after the cessation of the mineral extraction, whichever is sooner.
Reason To secure proper restoration of the site within an acceptable timescale and in accordance with Policy M4.1 of the Nottinghamshire Minerals Local Plan.
Quarry Access and Protection of Highway
8. Prior to the commencement of any development works associated with the construction of the plant site or mineral extraction the new quarry access road, including the associated junction with Gainsborough Road, shall be hard surfaced for its entire length between the public highway and the plant site to a 29 minimum of base course level, in accordance with the details shown on Drawing No. SLS 5/2 – Initial Development Access Road and Plant Site Plan. Measures shall be put into place during the site development works to ensure that mud and other deleterious materials do not enter the public highway.
Reason To ensure that all quarry traffic, including traffic associated with the initial site development obtains access along a hard surfaced road thus ensuring that there is no damage to the public highway and to accord with Policy M3/12 of the Nottinghamshire Minerals Local Plan.
9. Site clearance works associated with the development of the access road shall not commence until a supplementary river bank water vole habitat survey has been undertaken by a qualified ecologist on a 20m section of watercourse (Ditch D7) either side of the proposed bridge structure. The survey shall be carried out no more than fourteen days prior to the commencement date of the development. In the event that water voles are present, the report shall provide a working design, method and timetable to mitigate any undue adverse effects on the species involved. The mitigation measures shall be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
10. Prior to the commencement of the development of the access road, the corridor of development that lies within 500m radius of pond 2 shall been cleared of standing crop/vegetation and ploughed to ensure that it is kept unsuitable for Great Crested Newt habitat. The development corridor of the access road shall be inspected by a suitably licensed ecologist no more than 48 hours prior to the commencement of the development and any Great Crested Newts shall be returned to Pond 2.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
11. Prior to any processed mineral extracted from within the boundary of the planning permission leaving the site, the new access road and associated junction with Gainsborough Road, as identified on Drawing No. SLS 5/2 – Initial Development Access Road and Plant Site Plan, shall be surfaced in a permanent bound surface for its entire length between the public highway and the wheel washing facilities within the plant site. The details of road surfacing shall first have been submitted to and been agreed in writing by the MPA. The road shall thereafter be surfaced as approved and maintained in a satisfactory condition at all times during its operational life to ensure that vehicles travelling between the public highway and the plant site travel along a permanently bound surfaced road.
Reason To ensure that all quarry traffic obtains access along a permanently bound hard surfaced road thus ensuring that there is no damage to the public highway and to ensure compliance with Policy M3.12 of the Nottinghamshire Minerals Local Plan. 30
12. Within 1 month of the date of the commencement of the planning permission, as notified under condition 2, there shall be submitted to the MPA, for approval in writing, the measures which shall be employed to prevent the deposit of mud, clay and other deleterious materials upon the public highway. Such measures shall include the following as appropriate:
a. Sweeping and cleaning of internal access and haul roads; b. Provision and use of wheel-cleaning facilities; c. Provision and use of lorry sheeting bays; d. Provision for the maintenance of wheel cleaning facilities and haul roads; e. The sheeting of all vehicles leaving the site prior to entering the public highway; f. Any other facilities as may be deemed necessary.
The measures to be employed shall thereafter be provided in accordance with the approved details prior to any processed material leaving the site. All vehicles leaving the site shall use the approved wheel cleaning facilities, be sheeted and use the haul roads.
Reason To ensure that no vehicle shall leave the site in a condition whereby mud or other deleterious material is carried onto the public highway in accordance with Policy M3.12 of the Nottinghamshire Minerals Local Plan.
13. There shall be a maximum of 192 two way HGV movements each day (96 loads into the site and 96 loads out of the site). Written records shall be maintained of all HGV movements into and out of the site during operational hours. Copies of the HGV vehicle movement records shall be made available to the MPA within 7 days of a written request being made by the MPA.
Reason To limit vehicle movements at the proposed quarry in accordance with Policy M3.13 of the Nottinghamshire Minerals Local Plan.
14. The processing plant and quarry access road shall only be used for the processing and movement of sand and gravel arising from the extraction area identified within Drawing No. SLS 2/2 – Application Site and Context received by the MPA on the 15th November 2006. Vehicular access to and from the quarry access road shall not be obtained from any other route.
Reason To limit vehicle movements at the proposed quarry in the interests of highway safety and in accordance with Policy M3.13 of the Nottinghamshire Minerals Local Plan.
15. Prior to the commencement of the planning permission hereby permitted there shall have been submitted to the MPA and been approved in writing by the MPA a scheme for the landscape protection and planting of the haul road and surrounds. The scheme shall provide for:
31
a. an identification of trees and hedgerows to be retained and removed; b. landscape planting along the length of the road and adjacent to the Gainsborough Road access including aftercare arrangements for the duration of the quarry.; c. Provision of screen bunds including screening of potential lighting glare resulting from lorry headlights affecting residential properties situated within Sturton le Steeple; d. Provision of close boarded acoustic screen fencing adjacent to St Ives bungalow. e. A scheme for the translocation of the section of ‘Midland Hawthorn’ into a copse plantation north of the access road.
The haul road landscape protection and planting scheme shall thereafter be implemented in the first planting/seeding season following the first use of the haul road and managed in accordance with the approved details. .
Reason To minimise visual impacts arising from the operation of the road in accordance with Policy M2.4 of the Nottinghamshire Minerals Local Plan.
16. The details of the proposed restoration of the haul road and junction with Gainsborough Road shall be submitted to the MPA in writing by 30 August 2035 or within 6 months of the cessation of mineral extraction, whichever is sooner. The haul road and quarry access junction shall be removed and the land restored to agricultural use in accordance with the approved scheme prior to 31st December 2036 or within 1 year of the cessation of mineral extraction, whichever is sooner.
Reason To minimise visual impacts arising from the operation of the road in accordance with Policy M2.4 of the Nottinghamshire Minerals Local Plan.
Quarry Plant
17. Within 1 month of the date of commencement of the planning permission, as notified under condition 2, there shall be submitted to the MPA for approval in writing :
a. A site layout of the quarry plant site including plans, elevations, external materials and colours of all fixed plant and equipment; b. Plans and elevations of the proposed barge loading facility.
The plant, machinery and structures shall thereafter be installed and maintained in accordance with the approved details.
Reason In the interest of visual amenity and to ensure compliance with Policy M3.3 of the Nottinghamshire Minerals Local Plan.
18. The quarry plant site and supporting infrastructure shall be removed within 12 months of the cessation of mineral extraction from the permitted site and thereafter the land shall be restored in accordance with conditions 48-61.
32 Reason In the interest of visual amenity and to ensure compliance with Policy M3.3 of the Nottinghamshire Minerals Local Plan.
Hours of Working
19. Except in the case of emergency when life, limb or property are in danger and such instances which are to be notified in writing to the MPA within 48 hours of their occurrence, the following shall not take place except within the hours specified below:
Mondays to Saturdays Sundays Bank Fridays /Public Holidays Site development works 7am to 7pm 7am to 1pm Not at all (incl. road construction) Mineral extraction, 7am to 7pm 7am to 1pm Not at all processing or treatment. Stripping, replacement, 7am to 7pm 7am to 1pm Not at all regrading or ripping of soils or overburden. Servicing, testing, or 7am to 7pm 7am to 3pm Not at all maintenance of plant or machinery. Operation of wharf, feed 6am to 9pm 7am to 2pm Not at all conveyor and associated feed plant. Vehicles entering and 7am to 7pm 7am to 2pm Not at all leaving the site for the purposes of collecting mineral. Operation of quarry 24 hours 24 hours 24 hours dewatering pumps.
Reason To minimise impact on the amenity of the local area, in accordance with Policy M3.5 of the Nottinghamshire Minerals Local Plan.
Floodlighting
20. Any floodlighting provided on the site shall be angled and suitably shielded to ensure that it does not result in glare or dazzle to surrounding land, property and other users. The floodlighting shall only be used between the hours of 7am to 7pm Mondays to Fridays, 7am to 1pm on Saturdays and not at all on Sundays Bank/Public Holidays, except for floodlighting associated with the operation of the Wharf, feed conveyor and associated feed plant which shall only be used between the hours of 6am to 9pm Mondays to Fridays, 7am to 2pm on Saturdays and not at all on Sundays Bank/Public Holidays. Outside these permitted hours any external lighting shall be individually operated through a movement sensor switch with a maximum lighting cycle not exceeding 5 minutes.
33 Reason To minimise impact on the amenity of the local area, in accordance with Policy M3.5 of the Nottinghamshire Minerals Local Plan.
Noise
21. All plant, machinery and vehicles (excluding delivery vehicles which are not owned or under the direct control of the operator) used on the site shall incorporate white noise reversing warning devices and be fitted with silencers maintained in accordance with the manufacturers recommendations and specifications to minimise noise disturbance to the satisfaction of the MPA.
Reason To ensure that noise impacts associated with the operation of the development are minimised, in accordance with the requirements of Policy M3.5 of the Nottinghamshire Minerals Local Plan.
22. The free field noise levels associated with the development, when measured at any of the noise-sensitive properties listed below, shall not exceed the following limit measured as Equivalent Continuous Noise Level for a 1 hour LAeq:
Criterion Noise Levels LAeq, 1 hour
Location LAeq
Littleborough Cottage 52 Low Holland Cottage 57 North Street Farm 49 Knaith Hall 50
Reason To ensure that noise impacts associated with the operation of the development are minimised, in accordance with the requirements of Policy M3.5 of the Nottinghamshire Minerals Local Plan.
23. Notwithstanding the requirements of Condition 20 above, for temporary operations such as soil stripping, replacement and bund formation, the LAeq 1 hour noise level at any noise sensitive properties shall not exceed 70 dB(A). Temporary operations which exceed the normal day to day criterion shall be limited to a total of eight working weeks in any twelve month period at any individual noise sensitive property; the dates of these occurrences shall be notified in writing to the MPA.
Reason To ensure that noise impacts associated with the operation of the development are minimised, in accordance with the requirements of Policy M3.5 of the Nottinghamshire Minerals Local Plan.
24. Sample noise measurements shall be taken from the four properties identified within Condition 20, or nearest alternative location which shall first be agreed in writing with the MPA, at six monthly intervals during the operational life of the quarry. The measurements shall provide LAeq and L90 noise monitoring 34 data. The measurements shall also note the date, time, prevailing weather conditions and comments on any significant noise sources which are audible. The results shall be submitted as part of a report to the MPA within 28 days of the measurements being taken and maintained by the applicant for the life of the quarry. Should the results of the noise assessment indicate that Conditions 20 and 21 have not been complied with, then the report shall contain an explanation as to why noise levels have been exceeded, including where appropriate, an identification of the steps to be taken to ensure future compliance. If locations vary from the agreed criterion locations, the same acoustic modelling procedure shall be used to calculate the levels at the agreed locations which are consistent with achieving the criteria in conditions 20 and 21.
Reason To ensure that noise impacts associated with the operation of the development are minimised, in accordance with the requirements of Policy M3.5 of the Nottinghamshire Minerals Local Plan.
Dust
25. Measures shall be taken to minimise the generation of dust from operations at the site. These shall include, but not necessarily be limited to any or all of the following steps as appropriate:
a. The use of water bowsers to dampen haul roads, stock-piles and other operational areas of the site; b. The sweeping of access and haul roads, where necessary; c. The minimisation of drop heights during loading and unloading of sand and gravel; d. Limiting on-site vehicle speeds; e. Upon request of the MPA, the temporary suspension of mineral processing, mineral extraction or soil movements during periods of unfavourably dry or windy weather conditions.
Reason To ensure that dust impacts associated with the operation of the development are minimised, in accordance with the requirements of Policy M3.7 of the Nottinghamshire Minerals Local Plan.
Storage Heights
26. Stockpiles of excavated (as dug) materials shall not be permitted to exceed 10m in height. Stockpiles of processed material shall not be permitted to exceed 8m in height.
Reason In the interest of visual amenity and to ensure compliance Policy M3.3 of Nottinghamshire Minerals Local Plan.
Buildings, Fixed Plant and Machinery
27. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any subsequent amended legislation, no buildings, fixed plant, or machinery, other than approved by this
35 permission, shall be erected or placed on the site without the prior written approval of the MPA.
Reason To enable the MPA to control the development and to minimise its impact on the amenity of the local area, in accordance with Policy M3.3 of the Nottinghamshire Minerals Local Plan.
Ecology
28. Site clearance operations that involve the destruction and removal of vegetation, including felling, clearing or removal of trees, shrubs or hedgerows shall not be undertaken during the months of March to August inclusive, except when approved in writing by the MPA and in such circumstances following the carrying out and submission in writing to the MPA for approval in writing an ecological appraisal undertaken by an appropriately qualified person..
Reason To ensure that breeding birds are not adversely affected by the development.
29. Prior to any tree removal, a licensed bat worker shall re-survey all trees to be felled. The results of the bat survey shall be submitted in writing to the MPA. If bats are present, a working design, method and timetable to mitigate any undue adverse effects on species involved shall be submitted to the MPA for approval in writing. The mitigation measures shall be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
30. Site clearance works within each phase of the development (phasing as identified on drawing SLS 5/1 or any subsequent phasing drawing agreed in writing by the MPA) shall not commence until all potential habitats for protected species have been investigated by a qualified ecologist and a report of the investigation has been submitted to the MPA and been approved in writing by the MPA. In the event that protected species are present, the report shall provide a working design, method and timetable to mitigate any undue adverse effects on the species involved. The mitigation measures shall be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
31. A protected species population monitoring report shall be undertaken on an annual basis and the results submitted to the MPA in writing. The report shall incorporate recommendations of mitigation works to support the protected species populations which shall be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation. 36
32. Prior to the installation of the wharf conveyor there shall have been submitted to the MPA and been approved in writing by the MPA a methodology statement setting out the steps to be taken to ensure that Great Created Newts are not adversely affected during the installation of the conveyor. The Great Crested Newt mitigation scheme shall thereafter be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
33. Site clearance works associated with the development of the wharf shall not commence until a river bank habitat survey has been undertaken by a qualified ecologist and a report of the investigation submitted and been approved in writing by the MPA. In the event that water voles are present, the report shall provide a working design, method and timetable to mitigate any undue adverse effects on the species involved. The mitigation measures shall be implemented as approved.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
34. A 5m stand-off for all retained hedges and drains and a 10m stand-off for the Mother Drain watercourse shall be kept clear of all quarrying operations. The land designated as a stand-off shall be managed throughout the operational life of the quarry to provide a course grassland habitat in accordance with management scheme that shall be submitted to the MPA and approved in writing prior to the extraction of any sand and gravel from the development site.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
35. Prior to the commencement of the development the there shall be submitted to the MPA and approved in writing by the MPA details of the location and design of barn owl boxes. The boxes shall be installed in accordance with the approved details and retained during the operational life of the quarry.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
36. Prior to the commencement of the development the there shall be submitted to the MPA and approved in writing by the MPA a methodology statement setting out a scheme for the gapping-up and relaxation of the management of the retained hedgerows throughout the site. The scheme shall identify the location where such works are to be undertaken and provide details of species, establishment methods, management regimes and timetabling of
37 works. The hedgerow gapping-up/management scheme shall be implemented in accordance with the approved timetable.
Reason In the interest of protecting species and their habitats, in accordance with government policy set out within PPS9: Biodiversity and Geological Conservation.
Footpath Protection
37. The footpath protection measures set out within the rights of way crossings report (ref: SLR Ref: 403-0164-00060) shall be fully implemented on a phase by phase basis when quarrying operations affect footpaths in each phase prior to commencement of quarrying operations within the affected phase.
Reason To ensure that adequate protection of footpath users is provided, in accordance with Policy M3.26 of the Nottinghamshire Minerals Local Plan.
Archaeology
38. No development shall take place in connection with the construction of the access road, plant site, other ancillary site commencement works or the winning and working of mineral until a programme of archaeological work, investigation and recording of finds has been submitted to the MPA and been approved in writing by the MPA. For the purposes of mineral extraction, the programme of archaeological work shall be submitted on a phase by phase basis to take account of the variable archaeology across the site. The development shall thereafter be carried out in accordance with the approved scheme(s).
Reason To ensure that that adequate archaeological investigation and recording is undertaken prior to the development taking place, in accordance with Policy M3.24 of the Nottinghamshire Minerals Local Plan.
39. Prior to the commencement of dewatering of any land to the south of Upper Ings Lane there shall be submitted to the MPA for approval in writing a methodology statement for the construction of the recharge trench and associated monitoring scheme. The methodology statement shall incorporate calculations to support the proposed recharge trench design including a timetable for the construction, operation and removal of the trench. The recharge trench shall thereafter be provided, maintained and removed in accordance with the approved scheme.
Reason To ensure that that adequate archaeological investigation and recording is undertaken prior to the development taking place, in accordance with Policy M3.24 of the Nottinghamshire Minerals Local Plan.
Pollution Prevention
40. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The size of the 38 bunded compound shall be at least equivalent to the capacity of the tank plus 10% or, if there is more than one container within the system, of not less than 110% of the largest container's storage capacity or 35% of their aggregate storage capacity, whichever is the greater. All filling points, vents, and sight glasses must be located within the bund. There must be no drain through the bund floor or walls.
Reason To prevent prevention of the water environment in accordance with Policy M3.8 of the Nottinghamshire Minerals Local Plan.
41. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and been approved in writing by the MPA. The scheme shall incorporate sustainable drainage principles and shall not result in an increase in the rate of surface water discharge to the local land drainage system and provide a timetable for the implementation of these works. The drainage works shall be completed and maintained in accordance with the approved details.
Reason To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal in accordance with Policy M3.9 of the Nottinghamshire Minerals Local Plan.
42. Processed water used in the sand and gravel washing system shall be discharged into the approved settlement ponds prior to being discharged into any controlled waters. From the commencement of the development until restoration of the site the operator shall maintain the settlement ponds on a regular basis to ensure the lagoons remain operational.
Reason To prevent pollution of the water environment in accordance with Policy M3.8 of the Nottinghamshire Minerals Local Plan. Phasing
43. Extraction operations shall progress sequentially in accordance with Drawing SLS 5/1 – SlS 5/8 - Phasing Plans, unless otherwise agreed in writing by the MPA.
Reason To ensure a phased restoration of the site in accordance with Policy M4.1 of the Nottinghamshire Minerals Local Plan.
44. A topographical survey of the site shall be submitted to the MPA by 31 December each year, following the commencement of the planning permission as notified under condition 2 above. The survey shall identify areas of the site which are unworked, those restored, those undergoing mineral extraction and those to be restored.
Reason To monitor the phased restoration of the site in accordance with Policy M4.1 of the Nottinghamshire Minerals Local Plan.
Soil Stripping, Handling and Storage
39 45. The MPA shall be notified in writing at least 5 working days before soil stripping is due to commence on any phase, or part phase in the event that a phase is not stripped in its entirety in one stripping campaign.
Reason To ensure satisfactory restoration of the site, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
46. No turf, topsoil, subsoil or overburden shall be removed from the site. No waste materials including soils and mineral working wastes shall be brought onto the site.
Reason To ensure satisfactory restoration of the site, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
47. A detailed soil-handling scheme for each phase of the development shall be submitted in writing to the MPA at least one month prior to the stripping of any soil from each phase of the site. Such a scheme shall include the following details:
a. The size, location, volume and composition of soil storage mounds; b. A methodology statement for the stripping, storage and replacement of peat; c. The types of machinery to be used; d. The routes to be taken by plant and machinery involved in soil handling operations; e. The depths of subsoil and topsoil to be replaced; f. The spacing and depth of any post-replacement soil ripping and cultivations.
The development of that phase shall thereafter be carried out in accordance with the approved scheme.
Reason To ensure satisfactory restoration of the site, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
48. The topsoil shall be stripped to the full depth of not less than 300mm, and all subsoil shall be stripped to a depth of not less than 1000mm.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
49. No plant or vehicles shall cross any area of unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for purposes of undertaking permitted operations. Essential trafficking routes shall be marked in such a manner as to give effect to this condition. No part of the site shall be excavated or traversed or used for a road, or storage of topsoil, subsoil or overburden or waste or mineral deposits, until all available topsoil and subsoil to a minimum depth of 1000mm, has been stripped from that part.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan. 40
50. Soil stripping shall not commence until any standing crop or vegetation has been cut and removed.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
51. Topsoil, subsoil, and soil making material shall only be stripped when they are in a dry and friable condition and movements of soils shall only occur:
(a) During the months of April to October inclusive, unless otherwise approved in writing by the MPA; and (b) when all soil above a depth of 300mm is in a suitable condition that it is not subject to smearing; (c) when topsoil is sufficiently dry that it can be separated from subsoil without difficulty.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
52. All storage mounds that will remain in situ for more than 6 months, or over winter, shall be seeded with a suitable mix to benefit farmland birds within 3 weeks of their construction in accordance with a seed mixture which has been agreed in writing by the MPA. The mounds shall thereafter be maintained free of weeds until used for restoration purposes.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
53. Details of the volumes and location of soils stored on the site shall be submitted to the MPA by 31 December each year.
Reason To monitor the restoration of the site and to ensure all available soil resources are conserved or managed, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan. Soil Replacement
54. The MPA shall be notified in writing at least 5 working days before each of the following:
(a) overburden has been prepared ready for soil replacement to allow inspection of the area before further restoration of this part is carried out, and (b) when subsoil has been prepared ready for topsoil replacement to allow inspection of the area before further restoration of this part is carried out, and (c) on completion of topsoil replacement to allow an opportunity to inspect the completed works before the commencement of any cultivation and seeding operation.
41 Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
55. Subsoils shall only be replaced when they and the ground on which they are to be placed are in a dry and friable condition and no movements, respreading, levelling, ripping or loosening of subsoil or topsoil shall occur:
(a) during the months November to March (inclusive), unless otherwise agreed in writing with the MPA; (b) when it is raining; or (c) when there are pools of water on the surface of the storage mound or receiving area.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
56. Plant and vehicles shall not cross any area of replaced and loosened ground, replaced subsoil, or topsoil except where essential and unavoidable for purposes of carrying out ripping and stone picking or beneficially treating such areas. Only low ground pressure machines shall work on prepared ground.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Replacement Minerals Local Plan.
57. Subsoil within areas of the site above the lake water level (dry land) shall be re-laid so that the total thickness of settled subsoil is no less than 0.7 metres.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Replacement Minerals Local Plan.
58. Each subsoil layer placed above lake water level (dry land)shall be cross- ripped:
(a) to provide loosening to a minimum depth of 450mm with tine spacings no wider than 1.5m, and (b) any rock, boulder or larger stone greater than 200mm in any dimension shall be removed from the loosened surface before further soil is laid. Materials that are removed shall be disposed of off-site or buried at a depth not less than 2 metres below the final contours.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
59. Topsoil shall be evenly re-spread on the land above lake water level (dry land) to achieve at least a minimum of 300mm settled depth.
42 Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
60. The re-spread topsoil shall be rendered suitable for agricultural cultivation by loosening and ripping:
(a) to provide loosening equivalent to a single pass at a tine spacing of 1.5 metres or closer; (b) to full depth of the topsoil plus 100mm; (c) and any non-soil making material or rock or boulder or larger stone lying on the loosened topsoil surface and greater than 100mm in any dimension shall be removed from the site or buried at a depth not less than 2 metres below the final settled contours.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
61. Any part of the site which is significantly affected by differential settlement that occurs during the restoration and aftercare period, and would interfere with restoration operations, shall be filled. The operator shall fill the depression to the final settlement contours specified with suitable soils to a specification to be agreed in writing with the MPA. Topsoil, subsoil and other overburden moved in the course of the work shall not be mixed and shall be handled and replaced in accordance with the above conditions.
Reason To ensure proper restoration of the site, conserving and managing all available soil resources, in accordance with Policy M4.3 of the Nottinghamshire Minerals Local Plan.
Restoration
62. Once the development authorised by this planning permission has started, the site shall thereafter be restored in accordance with Drawing No SLS 6/1 – Concept Restoration – Entire Site. Landscape planting shall be undertaken during the first seeding and planting seasons following placement of topsoils. Any seeding and planting that dies or becomes diseased, damaged or removed within 5 years shall be replaced during the first planting season thereafter with others of similar size and species and maintained, unless the MPA gives written consent for a variation to be replanted.
Reason In the interest of visual amenity and in accordance with Policy M3.4 of the Nottinghamshire Minerals Local Plan.
Aftercare
63. Following restoration the site shall undergo aftercare management for a 5 year period. 43
Reason To provide for aftercare of the restored site, in accordance with Policy M4.9 of the Nottinghamshire Minerals Local Plan.
64. Prior to any area being entered into aftercare the extent of the area and its date of entry into aftercare shall be agreed in writing with the MPA, the 5 year aftercare period shall run from the agreed date.
Reason To provide for aftercare of the restored site, in accordance with Policy M4.9 of the Nottinghamshire Minerals Local Plan.
65. An aftercare scheme and strategy shall be submitted for the written approval of the MPA no later than 3 months before the spreading of subsoil commences within each phase. The strategy shall outline the steps to be taken, the period during which they are taken, and who will be responsible for taking those steps to ensure the land is restored and brought back to a satisfactory condition. The aftercare scheme shall include but not be restricted to details of the following:
(a) cultivations; (b) weed control; (c) sowing of seed mixtures; (d) soil analysis; (e) keeping of records and an annual review of performance and proposed operations for the coming year, to be submitted to the MPA between 31 March and 31 May each year; (f) drainage amendments; (g) subsoiling and underdrainage proposals; (h) management practices such as the cutting of vegetation; (i) tree protection; (j) remedial treatments; (k) irrigation; and (l) fencing.
Reason To provide for aftercare of the restored site, in accordance with Policy M4.10 of the Nottinghamshire Minerals Local Plan.
66. Site management meetings shall be held with the MPA each year to assess and review the detailed annual programmes of aftercare operations referred to in Condition 59(e) above, having regard to the condition of the land; progress in its rehabilitation and necessary maintenance.
Reason To provide for aftercare of the restored site, in accordance with Policy M4.10 of the Nottinghamshire Minerals Local Plan.
67. The aftercare programme shall be implemented in accordance with the details approved under Condition 59 above, as amended following the annual site meeting referred to in Condition 60 above.
Reason To provide for aftercare of the restored site, in accordance with Policy M4.10 of the Nottinghamshire Minerals Local Plan.
Alternative Restoration 44
68. Should, for any reason, mineral extraction from the application site cease for a period in excess of 12 months, then, within three months of the receipt of a written request from the MPA, a revised scheme for the restoration of the site shall be submitted in writing to the MPA for the approval of the MPA. Such a scheme shall include details of the final contours, provision of soiling, sowing of grass, planting of trees and shrubs, drainage and fencing in a similar manner to that submitted with the application and modified by these conditions.
Reason To secure proper restoration of the site within an acceptable timescale.
69. The revised restoration scheme approved under Condition 61 shall be implemented within 12 months of its approval by the MPA, and shall be subject to the aftercare provisions of Conditions 57-61 above.
Reason To secure proper restoration of the site within an acceptable timescale.
Notes to Applicant:
1. The requirement to re-site the existing weight restriction referred to in Condition 5 requires an essential Traffic Regulation Order. The Order should not be construed as though the County Council is prejudging the outcome of the Order making process. The developer should note that the Order can be made on behalf of the developer by Nottinghamshire County Council at the developers expense and has to be secured before development commences as it is an ‘ESSENTIAL’ component of the required mitigating measures associated with the proposed development. Please note that there are no guarantees that the Order will be successful. 2. Your attention is drawn to the content of the letter from Fisher German dated 27th January 2011 a copy of which is attached to the decision letter. 3. You are reminded of the requirement to obtain consent from the internal drainage board prior to undertaking any alterations to the drainage channels. 4. Your attention is drawn to the contents of the letter from Central Networks dated 14th May 2010. 5. The applicant is advised to contact British Waterways Works Engineers Team at the Fazeley Office – 01827 252000 in order to ensure that any necessary consents are obtained and the works are compliant with the current code of practice for works affecting British Waterways. 6. Any works within 8.0m of a flood defence of the River Trent, particularly the proposed wharf requires Environment Agency Consent. You are advised to contact the Environment Agency direct. 7. Your attention is drawn to the attached letter from Severn Trent dated 25th January 2011. 8. The development will require works within the public highway which is land subject to the provisions of the Highways Act 1980 (as amended) and therefore land over which the applicant has no control. In order to undertake these works the applicant will need to enter into an agreement under Section 278 of the Act.
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