DEVELOPMENT CONTROL AND REGULATION COMMITTEE 16 November 2016 A report by the Corporate Director Economy and Highways ______

Application No: 5/16/9002 & 9003 District: South Lakeland

Applicant: Burlington Slate Ltd Parish: Kirkby Ireleth Parish Cavendish House Council Kirkby-in-Furness Received: 14 MarchKirkby-in-Furness 2016

PROPOSAL: Extraction of clog from Hallstead tip. Vertical (deep) extension of quarry void by up to 55 m. Lateral extension of quarry void in a south-easterly direction resulting in extension to planning boundary of 3.2ha. Lateral extension of quarry void in a north westerly direction within planning boundary. Amendment to tipping strategy to accommodate additional overburden material. Continuation of ancillary activities (aggregate production, slate processing) on site. Extension of time to 2050. Amendment to final restoration profiles and after uses. Diversion of public footpath nos. 530989 & 539058. Formal stopping up unclassified county road no U 5097 (5/16/9002)

PROPOSAL: Infilling of Winnow End Quarry (5/16/9003) LOCATION: Kirkby Slate Quarry, Kirkby-in-Furness, Cumbria, LA17 7UN ______

1.0 RECOMMENDATION

1.1 Application 5/16/9003: That after first taking into consideration the environmental information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 submitted in connection with the applications, subject to the applicant entering into a Section 106 Agreement under the Town and Country Planning Act 1990 to provide ecological compensation for the loss of upland wetland mire on Kirkby Moor and provide for the implementation of the Habitat Management Plan planning permission be granted subject to the conditions set out in Appendix 1 and which would apply to the whole of the existing quarry and the proposed extension area.

1.2 Application 5/16/9003

That after first taking into consideration the environmental, information, as defined in the Town and Country Planning (Environmental Impact Assessment) Regulations subject to the applicant entering into a Section 106 Agreement under the Town and Country Planning Act 1990 to provide ecological compensation for the loss of upland wetland mire on Kirkby Moor and provide for the implementation of the Habitat Management Plan, planning permission be granted subject to the conditions set out in Appendix 2.

2.0 THE PROPOSAL

2.1 Two interrelated planning applications have been submitted for the following:

Application 5/16/9002: The planning application boundary extends around the whole of the existing permitted quarrying operations and proposed lateral extension. It comprises the following elements:

 For the whole of the quarry and proposed lateral extension to be worked until 2050;  Extraction of clog (a mineral waste which has previously been considered unusable) from the Hallstead tip;  Vertical (deepening) extension of the quarry void by up to 55m to 95m AOD;  Lateral extension of the quarry boundary and void by 3.2ha in a south easterly direction;  Lateral extension of the quarry void in a north westerly direction within the existing planning boundary;  Amendment to the permitted tipping strategy;  Continuation of ancillary activities (aggregate production, slate processing) on site;  Amendment to the final restoration profiles and after uses;  Diversion of public right of way to the south of the site; and  Formally stopping up part of the Slate Road where it no longer exists.

Application 5/16/9003: The infilling of Winnow End Quarry;

2.3 The proposals constitute a revised approach by the operator to develop the re- working; phased extraction designed to maintain stability and safe working conditions within the quarry void; to maintain slate production at existing

levels; to echo as closely as possible the existing approved final tipping profile, progressive restoration; incorporating additional material and to infill and restore existing voids and maintain or, if possible reduce the overall quarry development footprint.

2.3 It is proposed to undertake the overall proposed development in seven phases:

Phase A: involves the stabilisation and benching of ‘the right way’ (the right way slope is the main slope along the northern [North West] side of the quarry) without the loss of Cavendish Tunnel. These works involve the extraction of 257,900 m³ of overburden from the back way and 112,100 m³ of slate material from the base of the void. The stabilisation works on ‘the right way’ would generate around 220,000 m³ of overburden material. The tipping of non-yield slate material and overburden would be in parts of Birk Knott and Hunters Quarry.

Phase one: the extraction works within the lateral extension beyond the current permission boundary would commence, with the working of the central and north eastern parts of the proposed extension area to a profile of 235m AOD and the removal of 780,000m³ of overburden material. It is proposed the tipping of overburden and non-yield material would continue within Birks Knott area and Hunters Quarry towards Low Lord Tip. Tipping would also be undertaken within the former Winnow End quarry. Progressive restoration would be undertaken on land to the south of the reservoirs to the eastern boundary of the site (reservoirs to be retained) and land north of Cavendish House.

Phase two: the extraction works would continue within the area stripped during phase one. The operations would work to a depth of 195m AOD and remove 860,000m³ of overburden material. It is proposed the tipping of overburden and non-yield material would be used to achieve the final restoration profile on the remaining parts of Birk Knott and Hunters Quarry. Tipping would commence in south western parts of Low Lord area. Progressive restoration would also take place on Winnow Quarry and parts of Hunters Quarry.

Phase three: the extraction works would concentrate on the eastern faces of the ‘back way’ (the back way slope is the main slope along the southern [south east] side of the quarry) to a depth of 145 m AOD resulting in the working of 320,000m³ of good rock slate material and 600,000m³ of overburden material. Tipping of overburden and non-yield slate would be within Low Lord Area. Progressive restoration would continue in Birk Knott, Hunters Quarry and Low Lord tip areas.

Phase four: extraction works would be the central and western faces of the ‘back way’ to a depth of 195 m AOD resulting in the working/removal of 1,033,500m³ of overburden material. Tipping of overburden and non-yield slate would be undertaken in Hallstead area. Progressive restoration would be undertaken in Low Lord area.

Phase five: extraction works would be of the central core parts of the void to a depth of 135m AOD, resulting in the yield of 375,000m³ of good rock slate and stripping of 915,000m³ of overburden material. Tipping of overburden and non-yield material would continue in Hallstead area including the crest of the right of way and the slopes to the northeast and northwest. Progressive

restoration would be undertaken in the remaining parts of Low Lord and Hallstead tips.

Phase six: the final phase of extraction operations in the void would be working to a depth of 95m AOD. There would be 582,000m³ of good rock slate extracted. The final tipping would be undertaken to infill the remaining areas of Hallstead tip and the north east of the Right Way (the right way slope is the high slope along the northern (North West) side of the quarry). Progressive restoration would be undertaken in Low Lord and Hallstead Tips including to the northeast of the Right Way slopes. Proposed final restoration of the site would primarily be to heather moorland and acid grassland, integrating with the surrounding moorland landscape and naturally regenerate the lower slopes to acid grassland with the creation of a waterbody within the existing quarry void.

2.4 The quarry currently has permission to operate until 21 February 2042. The current extraction rate is around 100,000 tonnes per annum consisting of:-

 3,000 tonnes of slate  1,000 tonnes of stone tiles  79,000 tonnes of aggregates sales (combined landscaping and construction)  16,700 tonnes of other sales (walling, paving, off-cuts, lintels and waste)

2.5 Kirkby Slate Quarry is the main processing location for all Burlington Stone Quarries. The slate produced from the Quarry is sold to a number of worldwide commercial markets:

 Roofing slate: Commercial and residential uses; mainly used in Cumbria, Northern England and Scotland;  Construction: Slate is used in both internal and external tiles and cladding for residential and commercial properties and specialist architectural products worldwide;  Landscaping: Slate is used for paving, walling, rockeries, decorative and construction aggregate.

2.6 The quarry is accessed of the A5092 which connects to the A595 at Grizebeck to the west and the A590 at Greenodd to the east this is a designated freight route. The quarry is accessed from a private access road which extends for 950m from the A5092. This access would continue to be used as part of the proposals

2.7 Currently around 200 HGV vehicle movements (100 in/100 out) access the site each week which equates to 2 HGV in/out every 15 mins. Other vehicular movements consist of 28 management/finance and sales, 85 production and 34 quarry staff. It is anticipated the number of vehicles accessing the site would continue at current levels.

2.8 The site currently operates a shift system which is run over 24 hours in the production area (currently Monday to Wednesday). The proposed hours of quarrying operations are 07.00 to 19.00 Monday to Friday and 07.00 to 12.00 Saturdays reflective of current permitted hours of working; it is not proposed to amend the current working hours.

2.9 The application is supported by an Environmental Statement (ES) and Non- Technical Summary. The ES provides a full description and assessment of the following:

 Introduction  Description of Proposals  Environmental Impact Assessment and Consultation Process  Consideration of Alternatives  Planning Policy Review  Landscape and Visual Impact Assessment  Ecology  Noise  Air quality  Blasting  Cultural heritage  Highways and Transportation  Hydrogeology and Hydrology  Socio – Economic assessment  Summary of Effects

3.0DESCRIPTION AND LOCATION OF THE SITE

3.1 Burlington Slate Quarry (Kirkby Slate) is an existing large operational quarry extending over approximately 108.54ha that has historically comprised a number of slate quarries. The site falls within Kirkby Moor/High Lowick Common Site of Special Scientific Interest (SSSI) which is approximately 780ha in extent. The quarry yields the distinctive Burlington blue/grey slate which is renowned in the UK and abroad. The slate is sedimentary in nature and was formed in the Silurian period 300-350 million years ago. The material from the quarry is used extensively throughout the Lake District where it is important to the local economy and maintaining vernacular architectural style.

3.1 Burlington Slate Quarry lies immediately south of the Lake District National Park boundary, the nearest part of the quarry boundary is approximately 330m south of the boundary. The A5092 provides a separation between the Lake District National Park and the quarry workings.

3.2 Access to the quarry is from the A5092 which forms the A595 to the west and connects onto the A590 (T) at Greenodd to the east.

3.3 Burlington Slate Quarry sits in an elevated rural location the quarry operates between 130m and 280m AOD the highest part of the moor stands around 320m AOD. There are a number of hamlets/settlements in close proximity to the site namely Beanthwaite approximately 210m north west; Gawthwaite 1.5km east; Chapels 680m west. The nearest service centres are Kirkby 1.3 km south west and Ulverston 7km south east. The nearest habitable dwellings to the boundary of the site are Gill Beck 260m west and High Beanthwaite 180m north.

3.4 There are a number of European and protected sites in close proximity to the workings namely : Kirkby Moor/High Lowick Common SSSI, Subberthwaite, Blawith and Torver Low Commons Special Area of Conservation (SAC) and SSSI; Duddon Estuary SSSI, Ramsar, Special Protection Area (SPA), Morecambe Bay SAC; and Duddon Mosses SAC and SSSI;

3.5 The nearest Listed Building is Ashlack Hall (Grade II*) approximately 1 km North West of the quarry. There are no Tree Preservation Orders or Conservation Areas within close proximity to the quarry.

3.6 Kirkby Quarry is the main operations hub For the Burlington Slate operations. The quarry not only extracts the traditional blue/black slate but is also the main operating hub for the processing and distribution centre of mineral from the outlying quarries within the applicants control in the County. Mineral is brought to Kirkby Quarry and processed for a variety of high quality products including slates, walling, flooring, tiling etc. The processing of material is undertaken using a number of techniques from traditional hand breaking/crafting to machine processing which involve highly skilled workmen/women.

4.0 PLANNING POLICY

4.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.

4.2 The National Planning Policy Framework [NPPF] which was published on 27 March 2012 and the national online Planning Practice Guidance (PPG) suite, which was launched in March 2014, are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF are considered to be relevant to the determination of this application:

 Paragraphs 6-10 - Achieving sustainable development  Paragraphs 11-14 - The presumption in favour of sustainable development  Paragraphs 109 – Environment water and air quality  Paragraphs 17,18, 19, 28 – Economic Sustainability  Paragraph 118 – Environment – Nature Conservation  Paragraph 120 – Local Amenity, Traffic, Transportation  Paragraph 126 – Cultural Heritage  Paragraph 142, 144, 145 – Sustainable Development and Supply of Minerals  Delivering Sustainable Development:

. Section 1 - Building a strong, competitive economy . Section 3 - Supporting a prosperous rural economy . Section 4 - Promoting sustainable transport . Section 7 - Requiring good design . Section 8 - Promoting healthy communities . Section 10 - Meeting the challenge of climate change, flooding and coastal change; . Section 11 - Conserving and enhancing the natural environment. . Section 12 - Conserving and enhancing the historic environment . Section 13 - Facilitating the sustainable use of minerals

4.3 The following sections of the PPG are also of relevance:

 Assessing environmental impacts from minerals extraction

 Restoration and aftercare of minerals sites

4.4 The relevant development plan for this proposal comprises the Cumbria Minerals and Waste Development Framework’s (CMWDF) Core Strategy 2009-2020 (CS) and Generic Development Control Policies 2009-2020 (GDCP) both adopted in April 2009. The key policies within these documents that are relevant to the determination of this planning application are considered to be:

 Policy CS 1 Sustainable Location and Design  Policy CS 2 Economic Benefit  Policy CS 3 Community Benefits  Policy CS 4 Environmental Assets  Policy CS 5 Afteruse and Restoration  Policy CS 6 Planning Obligations  Policy CS 13 Supply of Minerals  Policy CS 14 Minerals Safeguarding  Policy CS 17 Building Stones  Policy DC 1 Traffic and Transport  Policy DC 2 General Criteria  Policy DC 3 Cumulative Environmental Impacts  Policy DC 6 Criteria for Non-Energy Minerals Development  Policy DC 9 Minerals Safeguarding  Policy DC 10 Biodiversity and Geodiversity  Policy DC 11 Historic Environment  Policy DC 12 Landscape  Policy DC 13 Flood Risk  Policy DC 14 The Water Environment  Policy DC 15 Protection of Soil Resources  Policy DC 16 Afteruse and Restoration  Policy DC 17 Planning Obligations

4.5 A consultation on the soundness of the emerging Cumbria Minerals and Waste Local Plan 2015-2030 closed on Monday 4 July 2016. The Plan was subsequently submitted to the Secretary of State for examination by an independent Inspector on 9 September 2016. It is currently anticipated that Hearing sessions for the examination will be held in December 2016. As the emerging plan progresses greater weight can be attached to the emerging in the decision making process.

4.6 There are no currently adopted minerals and waste Site Allocations in Cumbria, as the previously adopted Site Allocations Development Plan Document was quashed by the High Court and therefore is not a material consideration.

4.7 South Lakeland Core Strategy - adopted 20 October 2010

 Policy CS3.1 Ulverston and Furness Area  Policy CS7.4 Rural Economy  Policy CS8.2 Protection and Enhancement of Landscape and Settlement Character  Policy CS8.4 Biodiversity and Geodiversity  Policy CS8.6 Historic Environment

 Policy CS8.8 Development and Flood Risk

4.8 South Lakeland Local Plan Land Allocation Development Plan Document Policies - Adopted 17 December 2013.

Policy LA1.0 – Presumption in Favour of Sustainable Development

4.9 The saved policies of the South Lakeland Local Plan - adopted September 1997 and altered 2006

 Policy C7 National Sites  Policy C8 Sites of Regional or Local Nature Conservation Importance  Policy C9 Landscape Features of Major Nature Conservation Importance  Policy C10 Protected Species  Policy C20 Historic Landscapes  Policy C22 Flood Risk  Policy C24 Watercourses and Coastal Margins

4.10 South Lakeland District Council is currently working on Local Plan Development Management Policies and a joint Development Plan Document with Lancaster City Council for Arnside and Silverdale Area of Outstanding Natural Beauty.

5.0 PLANNING HISTORY

5.1 Kirkby Slate Quarry has been in operation for a number of centuries. The earliest planning permission was granted in 1947 (1/4/734A approved 1 April 1947) with a later planning application in 1952 (1/4/734 approved 23 June 1952). These planning applications were replaced in 1996 with a new consent to “Continue Working Slate” (5/95/9007 approved 4 September 1996). The current extant planning permission is for “deepening of and extension to quarry and extension of tipping operations for the continued production of roofing slate, architectural slate and construction materials” (5/00/9011 approved 27 March 2001). A further planning application was submitted in 2007 (5/07/9015 approved 28 February 2008). “Section 73 application to vary conditions 8 (extraction of slate and waste) and 39 (restoration of redundant tips) of planning consent 5/00/9011”.

5.2 A Section 73 application to vary conditions 8 (sale of slate waste) and 39 (restoration of redundant tips at Cavendish House) of planning permission 5/00/9011 (5/07/9015) was approved 2 January 2014.

5.3 A Section 73 application to extend the restoration timescale of redundant tips to 31 December 2016 (5/13/9004) was approved 28 February 2008.

5.4 There have been numerous small scale developments for water treatment plant, offices and workshops.

5.5 The Burlington Group originally operated from a single quarry, namely Kirkby quarry, and in recent years has acquired a number of additional quarries in the South Cumbria area: Baycliffe, Broughton Moor, Elterwater Quarry, Brandy Crag, Petts and Brathay Quarry. Employing around 32 people at these outlying quarries. The group now provides a unique range of building products

including roofing, walling, flooring, and tiles etc. which are used in the local vernacular, nationally and internationally.

6.0 CONSULTATIONS AND REPRESENTATIONS

6.1 South Lakeland District Council Planning:

5/16/9002: The application raises issues in terms of landscape and visual impacts and ecological impacts upon the Kirkby Moor SSSI which will need to be balanced against the economic benefits of the established quarry business. The historic and existing quarry workings have collectively resulted in significant landscape and visual impacts upon the local area and to certain extend the wide surrounding landscapes including the setting of the Lake District National Park. The proposal would result in continued significant effects upon the landscape. However, the proposed restoration works albeit over a long timescale will, over time, help to mitigate some of the scarring resulting from the quarry workings and this reduce this impact. The restoration works would also eventually reduce the impacts for users of the Public Rights of Way and Open Access land around the quarry in the long term, although it is noted that two of the public footpaths will need to be permanently diverted.

In terms of ecological impacts, the proposed extension of the quarry will result in the loss of an additional 3.2 ha of the Kirkby Moor SSSI. The element involving the lateral extension of the quarry in particular would result in an excavation of a significant areas of dry dwarf shrub heath and mire habitat at the highest point of the current quarry operations. Paragraph 118 of the National Planning Policy Framework (NPPF) states that proposed development likely to have an adverse effect on a SSSI should not normally be permitted. It also states that an exception should only be made where the benefits of the development clearly outweigh both the impacts that it is likely to have on the features of the site and any broader impacts. This approach is also reflected in Policy CS8.4 of the South Lakeland Core Strategy which also requires prevention, mitigation and compensation measures to be provided. The applicants will therefore need to demonstrate to the satisfaction of Natural England that the proposed measures included in the Habitat Management Plan will provide adequate mitigation resulting in a no net loss of habitat within the SSSI.

Whilst it is recognised that the quarry plays an important role in the local economy and the proposal will secure jobs and enable the continued production of important local building materials, the proposal does raise significant issues in terms of landscape and visual impacts and ecological impacts within a designated SSSI. However, subject to the technical aspects of the proposal being agreed with the relevant statutory consultees and appropriate conditions attached to any consent to ensure mitigation work is undertaken there is no objection to the proposal in principle.

5/16/9003: No objection in principle subject to mitigation works to ensure that there are no adverse impacts upon drainage or flood risk and reinstatement of appropriate habitat species to enhance the SSSI.

6.2 South Lakeland District Council Environmental Health Officer:

The noise and vibration assessments predict that noise and vibration from operation of the quarry, if extended, will be lower than recommended levels.

The following conditions should be attached to any permission to ensure this is the case:  Prior to development commencing, a scheme to control and monitor noise and vibration shall be agreed in writing with the Local Planning Authority;  No operations shall take place outside the hours of 07.00-19.00 Monday to Saturday, with no working on Sundays or Bank Holidays;  Noise from approved operations at the quarry shall not exceed the background noise level measured at any noise sensitive property by more than 10dB. Notwithstanding this, noise arising from soil and overburden stripping, for a maximum of 40 days in any 12 month period, shall not exceed 70dB LAeq at any noise sensitive property;  Ground vibration as a result of blasting operations shall not exceed a peak particle velocity of 6mm per second in 95% of all blasts measured over any period of 6 months and no individual blast shall exceed a peak particle velocity of 9mm per second as measured at vibration sensitive buildings. The measurement to be the maximum of three mutually perpendicular directions taken at the ground surface.

Air quality: The ES states that, with mitigation, dust will not be an issue and that air quality objectives will not be exceeded. It is not evident what the mitigation is. The following condition should be attached to any permission:

 Prior to development commencing, a scheme to control and monitor dust shall be agreed in writing with the Local Planning Authority.

Water: No comments.

6.3 Archaeology: The applicant has commissioned a geophysical survey of the proposed extension area. Although some of the proposed extension area was not suitable for survey, the results from two-thirds of the area are sufficient evidence to determine that there is a low likelihood of unknown significant archaeological assets being disturbed by the intended quarry extension. Further archaeological work is not necessary on this aspect of the scheme. The ES indicates that the proposed development will physically impact upon two undesignated heritage assets. Kirkby Slate Quarry is of some historic significance, having been the subject of extraction since the 18th century and possibly even earlier. The quarry lies within an existing planning permission boundary and is the subject of ongoing activity which the ES indicates has removed much of the historic quarry fabric. Nevertheless, some elements of the historic quarrying such as small buildings and tunnels do survive and will be affected, although the surviving section of tram road will be preserved as part of the proposed development. The second heritage asset physically impacted upon is an unnamed 19th century small quarry located within the proposed lateral extension area.

It is therefore recommend that the surviving historic elements of Kirkby Quarry and the unnamed quarry are subject to archaeological photographic recording in advance of development. This work should be commissioned and undertaken at the expense of the developer and can be secured by condition.

6.4 Lake District National Park Authority: The interests of the Lake District National Park Authority (the Autjhority) are limited to identifiable, direct and

quantifiable effects on the National Park in accordance with their statutory purposes. There may or may not be significant local effects likely to accrue from a development but these are for the planning authority to assess and determine. The Parks remit is to protect the special qualities and setting of the National Park. However, the economic benefits that the quarry brings to the local communities both within and outside the National Park in terms of employment are recognised as are the sustainable benefits of retaining a working quarry in the area providing the distinctive local building materials which are so characteristic of the area and contribute to the special character of the National Park.

The proposal has been assessed and visual effects on views from the National Park; that is where the development would be seen from and how it would be perceived from within the boundary and views of the National Park from outside the boundary have been considered. The effects must be substantive and the Authority does not take the view that simply being able to see the development from a particular location is necessarily harmful.

The assessment takes into account a number of criteria including distance from viewpoint, landscape character including character flow across boundaries, inter-visibility with adjacent landscape character types and numbers and sensitivity of receptors.

On the basis of the proposed restoration works to be undertaken concurrently with works to extend the quarry, no objection is raised.

Assessment: The existing quarry workings have a significant visual impact on the setting of the Lake District National Park, in particular the tip areas west of the main quarry face. However the proposed phased quarry extension when combined with the proposed phased restoration works, particularly for the Halstead and Low Lord areas, would not worsen this impact. The restoration works would improve the overall appearance of the site and in time would reduce the visual impact of the quarry on the setting of the National Park. The Authority would seek assurances regarding conditions covering the timescales for those restoration works. All public access via rights of way should be maintained.

Therefore subject to the phased restoration works proposed no objections are raised.

6.5 Highway Authority and Lead Local Flood Authority: No objection to the proposal in principle.

Lead Local Flood Authority: principle objection to the proposal has been the significant extension of the existing culvert. The policy is not to approve new culverts if alternatives are reasonably available. The developer was requested to submit a Water Framework Directive (WFD) Assessment to look at options that could achieve the same objectives for which the culvert is needed. In section 5.1, 5.2 and 5.4 of the response from the developer dated September 2016, the developer described design issues that are not for the LLFA to comment on but the LPA to decide whether these issues outweigh the adverse impact of 250m of new culvert. If it is accepted by the LPA that the benefits of the proposal outweigh the adverse effect of 250m of new culvert then the design choices outlined in section 5.3 are accepted. The applicant

was advised that legislation suggests that development should restore and enhance degraded natural habitat and that significant harm should be avoided by identifying an alternative site with less harmful impacts (the development has provided) or in the absence of such adequate mitigation should be provided or as a last resort compensated for.

Towards enhancement and mitigation, the developer states that they will adopt a formal Surface Water Management Strategy (SWMS) to reduce and manage diffuse pollution to the downstream watercourse including the construction of settlement lagoons. The submitted SWMS does not contain these measures and the existing lagoons are to be removed because they are on the route of the proposed tunnel extension and will be buried under the tipped material. In terms of compensation the developer proposed that an existing culvert further down the watercourse at Croglin Farm, which is owned by the developer, could be utilised. Design details of the tunnel extension are required.

Site Specific Flood Risk Assessment: A site-specific flood risk assessment was requested to be supplied demonstrating that the proposal does not increase flood risk elsewhere as per NPPF paragraph 103 looking at the flows generated by heavy rainfall in the watercourses surrounding the site. The applicant was asked to consider the effect of altering the catchment of the various becks according to phase and the properties of the tipped material. If an adverse impact was found it was asked for the development to mitigate the impact to ensure that food risk along the affected becks is not increased at the stage of the development. In response the developer considers that the proposal does not alter the catchment at all because “the flow of water in these watercourses is not directly linked to the surface topography and slope”… but is instead “controlled by the type of granular fill and the sub surface flow of water through the granular fill”. This would be true if most rainfall up to the 1 in 100 year return period design event is infiltrated into the fill. It is a concern that even if the initial state of the fill material is loose blocks with large voids, a pioneer covering of vegetation will form on the surface after a while and eventually runoff will be predominately over the surface. Within the fill material fines will wash out over time creating preferential flow routes. The developer needs to be asked to consider the likelihood of this within the timescales of the proposed phase and mitigate accordingly.

The development has still not considered that the creation of a large reservoir (described as a waterbody in the report) within the former working void upon final restoration of the site may increase flood risk as there would be a large waterbody drained by a deep culvert which would be difficult to access and maintain. An assessment of this flood risk should be submitted including what would happen in the event of a failure of the culvert. The FRA states that it is highly unlikely that the void would be overtopped and/or breached but it is unclear what else could happen to a large impermeable void with no outlet. The report acknowledges that over the lifetime of a development there is strong possibility that the system could fail. It is sought to understand what would happen after the lifetime of the development. The Lead Local Flood Authority is called out to investigate flooding which is the result of work that has occurred hundreds of years ago for which nobody claims responsibility for maintenance in the present. It should be considered that similar situations could arise in the future and if so what the effects would be and how the risks can be minimised by appropriate mitigation now.

It is recommended that the direct effect on flood risk because of the extension of the void both laterally and vertically can be mitigated. If other issues are resolved, a condition should be imposed to ensure that the maximum pumping discharge rate remains 22.5l/s. If other issues are resolved a condition should be added that should groundwater be encountered then no further downward extension of the void should take place.

The lead Local Flood Authority does not object to this proposal but request further detail because of concerns that the proposal would increase flood risk elsewhere and may adversely impact on watercourses. A number of conditions are recommended.

6.6 Environment Agency (5/16/9002) – No objection subject to the imposition of the following conditions:

 During the construction period all surface water run-off shall be passed through a settlement facility or settlement facilities prior to being discharged into any watercourse, soakaway or surface water sewer. The facility shall be retained and maintained until such a time that construction works are complete.

 Surface water draining from areas of hard standing shall be passed through an oil interceptor or series of oil interceptors, prior to being discharged into any watercourse, soakaway or surface water sewer. The interceptor(s) shall be designed and constructed to have a capacity compatible with the area being drained, shall be installed prior to the occupation of the development and shall thereafter be retained and maintained throughout the lifetime of the development. Clean roof water shall not pass through the interceptor(s). Vehicle wash downs and detergents shall not be passed through the interceptor.

 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hard standings susceptible to oil contamination shall be passed through an oil separator designed and constructed to have a capacity and details compatible with the site being drained. Roof water, vehicle wash down and detergents shall not pass through the interceptor.

 Vehicle loading or unloading bays and storage areas involving chemicals, refuse or other polluting matter shall not be connected to the surface water drainage system.

 All cleaning and washing operations should be carried out in designated areas isolated from any surface water system and only draining to the foul drainage system or sealed system. The area should be clearly marked and a kerb surround is recommended.

 Any facilities, above ground, for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata or sewer. Associated pipe work should be located above ground and

protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

Treating waste may require an exemption or an environmental permit. The developer is advised to contact the National Customer Call Centre (Tel: 03708 506 506) for further information and guidance prior to commencing any treatment.

Kirkby Slate Quarry excavates the Wray Castle Formation which is classified a Secondary B Aquifer, consisting of lower permeability layers with limited amount of groundwater in localised features, as fissures, thin permeable horizons and weathering. There is no licensed groundwater abstractions within the vicinity and several private water supplies were identified as being sourced from springs or surface water.

It is considered that deepening the quarry will not have an impact on private water supplies. However as part of the development the quarry will be extended laterally in the southern direction what will require removing of part of the Kirkby Moor. In order to minimise expected impact the developer submitted the mitigation proposal in form of clay cut of wall to limit inflows to the quarry void from the valley mire habitats. It is understood that loss of this habitat will be compensated by measures outlined in the Habitat Management Plan.

6.7 Environment Agency 5/16/9002 (27 September 2016): Having reviewed the additional information which addresses concerns raised in regard to the potential hydrogeological impact from the proposed deepening of the central part of the quarry: The letter dated 10 August 2016 from Hydrogeo (ref: HYG130) provided discussion on potential for hydraulic connection between the water in the base of the quarry (proposed to be deepened to a depth of 95m AOD) and the springs rising around the site. The Wray Castle Formation contains slate that is proposed for further excavation and therefore this would be the area deepened by mineral extraction. Private water supplies to the north west of the site are located in the area underlain by Poolscar Formation consisting of inter bedded sandstone and mudstone. Taking into consideration the complex geology in the area and faults orientated in the south west/north easterly direction it is considered unlikely that hydraulic continuity will exist between water gathering in the quarry base and the water supplies in the north west of the site.

Geological maps indicate that the private supplies to the south west of the site are located on Wray Castle Formation Mudstone and therefore the same strata as the proposed extension. Taking into consideration the distance between these features (the quarry and water supplied) and the nature of the rock it is considered unlikely that there would be any deterioration of private supplies in this area from the deepening of the quarry.

6.8 Environment Agency (5/16/9003): No objection in principle to the proposed development. Informative: the proposed infilling associated with this development will require an Environmental Permit under the Environmental Permitting Regulations 2010, from the Environment Agency, unless an exemption applies. The applicant is advised to contact the Environment Agency. For further advice and to discuss the issues likely to be raised.

6.9 Environment Agency 5/16/9003 (27 September 2016): Has considered the further information and conclude there is no expected hydrogeological impact to groundwater dependent features in the site’s vicinity from the proposed infilling of Winnow End Quarry with overburden material and therefore have no additional comments.

6.10 Natural England: Wildlife and Countryside Act 1981 (As Amended): The application is partly within the boundary of Kirkby Moor Site of Special Scientific Interest (SSSI) which is designated for its dwarf shrub heath habitats as well as important areas of upland wetland habitats including valley mires and flushes. Dwarf shrub heath habitat is restricted on an international basis to Northern Europe and is a scarce habitat within South Lakeland and Barrow, with Kirkby Moor representing the largest area of this habitat type. There are no other areas of this habitat type that are designated with South Lakeland and Barrow. The mire affected is important mire comprising both acid and base rich communities in a mosaic (NVC communities M21/M10). The habitats are present in this location due to place-specific environmental factors, including the accumulation of peat and the outflow of base rich groundwater. This habitat therefore falls within the scope of the Habitats Directive Annex 1 habitat Transition mire and quaking bog.

South Lakeland and Barrow is important for this type of transition mire as nationally the area is very limited making it a rare community. England has approximately 540 ha of this habitat of which 149ha occurs in Westmorland therefore supporting about 27% of the national resource. This is clearly very significant and emphasises the rarity of the habitat in England and the importance of conserving all remaining examples. There is a significant risk that the physical loss of part of the mire system as a result of this planning proposal would effectively compromise the hydrology of the whole mire system and consequently the anticipates loss should be the total area of the valley mire, as acknowledged in the Habitat Compensation Report. Natural England therefore agrees with the conclusion with Chapter 7 of the Environmental Statement (Section 7.137) that the development proposed in the application, as submitted will damage or destroy interest features for which this SSSI has been designated. It is further advised that the area of the transition mire that would be destroyed through the extension of the quarry should be considered as irreplaceable habitat. It is the opinion of Natural England that this type of mire can be considered as irreplaceable habitat and that this type of mire cannot be recreated and there would be a permanent loss of 0.38 ha of M21/M10a mire habitat.

Chapter 5 (section 5.12) of the ES refers to the need to apply the tests of paragraph 118 of the National Planning Policy Framework, and specifically mentions the advice that developments should not normally be permitted that have an impact on the designated features of a SSSI. The guidance that planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, unless the need for and benefits of the development in that location clearly outweigh the loss, is also a relevant consideration in this case. Assessment whether the socio-economic benefits of the proposal outweigh the impacts on the Kirkby Moor SSSI, taking into account the avoidance, mitigation and compensation measures that are proposed. With respect to mitigation and compensation Natural England provide the following advice:

Mitigation Measures: The quarry would remove the dwarf shrub heath bedrock, soils and heather community totally in an area of at least 1.78ha. The mitigation proposed is the translocation of the turves that are removed onto areas of regenerating spoil, where possible. This is welcome and is a well-established and tested method of heathland restoration, but would only be partially successful as it would only transfer the base species – heather and bilberry – not the full underlying intact soil structure. Natural England therefore advise that this would not fully mitigate the loss of the intact dwarf shrub heath community that currently exists. It is advised that the various mire enhancement proposals as set out in section 4.4 of the Habitat Management Plan are suitable mitigation actions, but they also should not be seen as fully mitigating the loss of the transition mire as the outcomes are uncertain and are unlikely to produce the same mire type.

Compensation Measures: The proposals for the creating 10ha of dwarf shrub within the SSSI on acid grassland/bracken by spraying and reseeding would provide appropriate additional compensation of the loss of dwarf shrub heath, if secured. Though they are proposed within the SSSI, they are on areas of bracken/acid grassland that have been present before the site was designated. This would therefore lead to a new gain of dwarf shrub heath, if successful. However the proposed schedules of work appended to the Habitat Compensation Report make it clear that there is currently no confirmation of agreement with the Commoners, nor Secretary of State (SoS) approval of the necessary fencing. Until these are secured the ability to deliver this compensatory habitat remains uncertain. If SoS approval were granted and the proposed works were delivered, then Natural England would consider the losses to be appropriately compensated for.

The applicant has submitted additional information (Supplementary note to Habitat Management Plan) which recognises, that due to the nature of the mire to be lost and the absence of suitable translocation sites within the SSSI itself and under Holker Estates ownership, commitment to secure further habitat enhancement for the loss of the mire habitat is required. The current proposal as outlined in the Habitat Compensation Report is to restore the Whiteoak Moss site. Natural England has undertaken a site visit of the proposed restoration site of Whiteoak Moss and advise that the mire complex is valuable and is species rich in places. It is compromised by the existing drainage and this condition is likely to worsen if not addressed. Natural England agree that the proposals outline in the Habitat Compensation Report, including re-profiling and re-vegetating the steep bare peat faces, and the blocking of drainage features to both reduce water flow and trap sediment is likely to result in the restoration of between 7-10ha of blanket bog and valley mire habitat at this site.

In summary, this proposed development would result in impacts on designated features of Kirkby Moor SSSI and the loss of irreplaceable habitat. Should theLocal Planning Authority in applying Paragraph 118 of the NPPF, decide that the socio-economic benefits of the proposal outweigh the impacts on the SSSI, then Natural England advise that, if the mitigation and compensation measures are carried out, the proposals are appropriate, providing relevant conditions are put in place to give the Loacl Planning Authority confidence that the compensation can be delivered. These particular points should be addressed:

● Commoners agreement and Secretary of State approval for fencing are necessary to ensure the dwarf shrub heath restoration can be achieved;

● A S106 agreement, unilateral undertaking or other suitable mechanism should be used to ensure the delivery of the mire habitat compensation at Whiteoak Moss and that the area of restored habitat is managed in perpetuity to ensure its protection.

Landscape: The proposed development is approximately 1km from a nationally designated landscape namely the Lake District National Park. Natural England advises that the planning authority uses national and local policies together with local landscape expertise and information to determine the proposal. The policy and statutory framework to guide the decision and the role of the local advice are explained below. The decision should be guided by paragraph 115 of the NPPF which gives the highest status of protection for the landscape and scenic beauty of AONBs and National Parks. For major developments proposals paragraph 116 sets out criteria to determine whether the development should exceptionally be permitted within the designated landscape. Alongside national policy the Local Planning Authority should also apply landscape policies set out in your development plan, or appropriate saved policies.

The landscape planner for the National Park will be best placed to provide the with detailed advice about this development proposal. Their knowledge of the site and its wider landscape setting, together with the aims and objectives of the park’s management plan, will be valuable contribution to the planning decision. Where available, a local Landscape Character Assessment can also be a helpful guide to the landscape’s sensitivity to this type of development and its capacity to accommodate the proposed development. The statutory purposes of the National Park are to conserve and enhance the natural beauty, wildlife and cultural heritage of the park; and to promote opportunities for the understanding and enjoyment of the special qualities of the park by the public. The Local Planning Authority should assess the application carefully as to whether the proposed development would have a significant impact on or, harm those statutory purposes. Relevant to this is the duty on public bodies to ‘have regard’ for those statutory purposes in carrying out their functions (section 11A (2) of the National Park and Access to the Countryside Act 1949 (as amended)). The Planning Practice Guidance confirms that this duty also applies to proposals outside the designated area but impacting on its natural beauty.

Protected: Natural England has not assessed the application and associated documents for protected species.

6.10 County Ecologist: The Environmental Statement indicates that the extension of the quarry will result in the destruction of part of a Site of Special Scientific Interest and it is clear to me that the proposal has to be judged as being of national significance in terms of its possible impacts. There are also 2 issues to address in relation to protected species. Specifically, in making comments four main possible impacts on ecological features have been considered, these being: loss of irreplaceable Kirkby Moor SSSI valley mire habitat, loss of Kirkby Moor SSSI dwarf dry heath habitat, possible future destruction of peregrine and bats and loss of reptile habitat and possible injury and killing of

reptiles. These are addressed as follows:

Particular attention has been paid to ensure CCCs responsibilities as a competent authority in relation to potential impacts upon Kirkby Moor Site of Special Scientific Interest (SSSI). After reading the ES submissions and follow-up meetings with the applicant and Natural England over potential impacts upon the SSSI, it is concurred that there will be a permanent loss of SSSI qualifying interest features as a result of the proposal. This would have an adverse impact upon the SSSI. Therefore given that SSSI habitat compensation measures have been identified by the applicant and a S106 agreement tabled, the views are as follows:

The proposed impact of losing this rare habitat type, which is also within a SSSI, has been interpreted as being of national nature conservation significance. It is imperative that the Local Planning Authority (LPA) is satisfied that the information submitted follows the mitigation hierarchy; namely if at all possible:

1) the avoidance of impacts upon the SSSI 2) mitigation to reduce any impacts within the SSSI and as a last resort 3) compensation for any loss of the SSSI (as detailed in para 118 of the NPPF).

Of greatest significance to this issue of the mitigation hierarchy is the supporting geotechnical information. The proposed angle of repose for the quarry faces will result in the SSSI land take. The LPA will need to be satisfied that all possible options for avoidance of impact upon the SSSI have been incorporated within the geotechnical assessment. Based on acceptance of the necessity of the proposed extraction, the geotechnical information submitted, the avoidance of SSSI loss does not appear possible. Mitigation measures such as habitat translocation and compensation measures to restore bog habitats elsewhere have therefore been proposed to address the impacts arising from the partial loss of Kirkby Moor SSSI.

In relation to mitigation, a series of measures are contained within the 'Habitat Management Plan' part of Appendix F, Habitat Compensation Report Kirkby Slate Quarry Extension (September 2016) prepared by Stephenson Halliday. Natural England have advised that the compensation measures are appropriate 'providing relevant measures are put in place'. The key impacts will be the loss of dry heath and mire habitat.

1) It is for the LPA to be satisfied that the details of SSSI habitat mitigation measures and subsequent management are clearly detailed in Appendix F, the Schedule of Actions. For the dry heath habitat, The Schedule of Actions outlines that bracken control and fencing of the Common will be the mechanism to deliver dry heath restoration as well as turf translocation onto restored areas of the quarry. Such techniques have the potential to deliver habitat restoration with a good degree of success.

2) It is for the LPA to be satisfied that the details of SSSI habitat mitigation measures and subsequent management are clearly detailed in Appendix F, the Schedule of Actions. For the mire, The Schedule of Actions outlines that there will be retention of as much mire as possible, the restoration of hydrological connectivity to Brunt Riggs Mire and the

translocation of mire turves. The type of mire protection measures is not detailed given, but cross track drainage would deliver the better hydrological connectivity and turve translocation would go to areas of degraded habitat in Brunt Riggs.

These mitigation measures would not offset the scale of impacts upon the SSSI, therefore compensatory measures are also provided.

For the above, the reason to be satisfied is: To ensure the LPAs compliance with the S28 Duty in the Wildlife and Countryside Act and also compliance with the NPPF and the NERC biodiversity duty as reflected in the CMWLDF and the South Lakes District Local Plan.

With regards to compensation for loss of the SSSI area, Natural England have advised that the compensation measures are appropriate 'providing relevant measures are put in place'. The content of the S106 will have to provide the necessary information to give assurance that habitat compensation can and will be delivered as an outcome.

3) The LPA will need to be satisfied in the details of the location and amount and nature of work that will be delivered by the 'preliminary schedule of works' at Whiteoak Moss as described within Appendix E Restoration Proposals of the S106. It will be important that the LPA is satisfied that there is sufficient detail to give assurance that there will be a clear series of actions to deliver compensation for the loss of the SSSI. The Restoration Proposals outlines that re-profiling bare peat faces and the blocking of drainage features using dams using a variety of structures such as stone, coir rolls, timber and peat. Such techniques have the potential to deliver habitat restoration with a good degree of success.

4) It is also for the LPA to be satisfied that the sum of money put forward within is sufficient to deliver the aforementioned works and also to have confidence as to how the ££ figure within the S106 has been arrived at.

5) It is equally crucial for the LPA to have an understanding of what the proposed outcomes of the restoration works are, and whether quantifiable monitoring methods are detailed within Appendix E Restoration Proposals of the S106 to enable this to be evaluated. The LPA will need to be satisfied that the proposed monitoring protocols are sufficiently detailed to understand the existing baseline conditions at Whiteoak Moss prior to works commencing and to be satisfied that a series of quantifiable outcomes of bog restoration have been addressed.

For all of the above, the reason to be satisfied is: To ensure the LPAs compliance with the Section 28 Duty in the Wildlife and Countryside Act and also compliance with the NPPF and the NERC biodiversity duty as reflected in the CMWLDF and the South Lakes District Local Plan.

In respect of conditions:

In relation to bats, the ecology surveys did not find any bat roosting at the site in 2015. Therefore no direct impacts upon any potential roosts are predicted. However, it was reported that some hibernation potential exists in the quarry

and some years will pass before all potential roost faces might be impacted within any given Quarrying Phase. Therefore, in the event planning consent is granted, in order to address any residual risk of impacts upon bats, conditions should be imposed requiring the monitoring of bats, birds particularly Peregrines and reptiles within the proposed extension area.

6.11 Public Rights of Way: The intention of the applicant to divert public footpaths numbered 539057 and 539058 under Section 257 of the Town and Country Planning Act, to enable development to take place, is noted. This represents the appropriate level of consideration in relation to the recorded public rights of way effected by the proposal.

6.12 Police Crime Prevention Officer: No observations or comments

6.13 Cumbria Geological Society: Cumbria GeoConservation has no objection to the proposals to deepen and extend the area and life of the quarry, or to infill Winnow End Quarry but request The Society would like to see more enhanced geodiversity actions detailed in this planning application.

 Inclusion of more opportunities for geodiversity within the application.  To consider how to leave safe access to some former working faces for geological study.  To consider creating some viewpoints into the quarry, as displayed at the Rock Park, Millom, and at Marshalls Stancliffe Birkhams Quarry, St Bees.

6.14 Electricity North West: The proposed development could have an impact on their infrastructure and request where the development is adjacent to operational land the applicant must ensure that the development does not encroach over either the land or any ancillary rights of access or cable easements. If planning permission is granted the applicant should verify such details by contacting Electricity North West, Estates and Wayleaves, Frederick Road, Salford, Manchester M6 6QH.

6.15 Council for the Protection of Rural England (CPRE) (Friends of the Lake District): Consider the proposals have significant detrimental impacts on Kirkby Moor SSSI. In addition they have concerns regarding the landscape and visual impacts and the impacts on the hydrology of the area arising from the proposals which conflict with adopted local and national planning policy.

They recognise the important contribution Burlington Slate quarry makes to the economy as an employer, and the role the quarry plays in supplying building materials related to the local vernacular, but do not believe that these outweigh the detrimental impacts and conflicts with planning policy for the following reasons:

Impacts on Kirkby Moor SSSI: The proposed development requires a lateral extension to the existing quarry boundary in a southerly direction for stabilisation proposes to enable deepening of the current quarry void for future extraction. Kirkby Moor SSSI is designated for its upland heath habitats. Heather moorland is geographically limited to Northern Europe and Kirkby Moor represents the largest area of this habitat within South Cumbria.

The SSSI boundary extension in to the currently permitted quarry extraction area. However the lateral extension area proposed encroached on the land

designated as SSSI resulting in the removal of 3.2 ha during phases 1 and 4 of the proposal. The nature of the development would result in a permanent and irreversible loss of dwarf shrub heath and mire habitats. As well as direct habitat loss we consider that the proposed development would result in fragmentation of habitats and potentially subsequent disturbance to resident species such as Common Lizard which have been recorded on the site.

As such the proposal is contrary to paragraph 118 of the National Planning Policy Framework (NPPF) which states ‘proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest’.

This conflict with national policy is compounded in adopted local policy by Cumbria Minerals and Waste Development Framework Core Strategy Policy CS4 relating to ‘Areas and features identified to be of International or National Importance’ which states that ‘Planning applications within these, or that could affect them, must demonstrated that the comply with national policy’.

The Habitat Management Plan accompanying the application acknowledges that there will be significant ecological and hydrological impacts due to the loss of heath and mire habitats resulting from the expansion of the quarry and proposes mitigation to reduce the impacts to a moderate level in the medium term and minor in the longer term. However, we are concerned about the compensatory measures outline in the HMP particularly the translocation of mire turves to unspecified donor sites. As such we believe that the proposals are also in conflict with South Lakeland District Council Core Strategy Policy CS8.4 which states that:

‘Development proposals that would have a direct or indirect effect on nationally, subregional, regional and local designated site and non-protected site that are considered to have geological and biodiversity value will not be permitted unless:

 They cannot be located on alternative sites that would cause less or no harm;  The benefits of the development clearly outweigh the impacts on the features of the site and the wider network of national habitats; and  Prevention, mitigation and compensation measures are provided’.

More generally we believe that this proposal is symptomatic of notion that as Kirkby Moor has already been subject to development by virtue of existing quarry pre-dating its designation and the development of the Kirkby Moor windfarm that it is of lesser ecological value. This is or concerns as, should this proposal be permitted, it would be a precedent for further industrialisation of this area of open countryside.

The Environmental statement does not appear to fully explain the investigation of alternative options, with fewer direct impacts on the SSSI, for quarry

expansion at the site.

Landscape and Visual: With regards to the landscape and visual impacts of the proposal it is acknowledged that the current working quarry is an existing feature within the landscape. However this does not serve to diminish the significant adverse impact that the extension would have particularly through phases 1-5 of the development.

The development site lies within an area categorised in the Cumbria Landscape Character Guidance and Toolkit (CLCGT) as sub-type 9d: Ridges. This landscape is characterised by open, large scale wild landscapes providing uninterrupted views of the wider landscape. The proposed development site is typical of this landscape character type.

The sensitive features of LCT 9d are identified as follows in the CLCGT ‘The open and distinct ridges and heather moorland and wide and expansive uninterrupted views to sea and the Lakeland Fells provide a sense of wildness that are sensitive to changes in land management and significant infrastructure development.’

Extending the quarry void in to Kirkby Moor will have a further significant adverse impact on this sensitive landscape as moorland is lost and replaced by a further industrial scarring through quarrying activity.

The vision associated with LCT 9d states that ‘Development will be carefully controlled in order to ensure ridges aren’t cluttered or dominated by new development. The fragmenting pattern of rough moorland will be repaired significantly enriching the wildlife and visual interest of these areas. The remnant heather and rough pasture will be improved and extended.’

As previously discussed the extension of quarrying activity on to Kirkby Moor would result in further fragmentation of habitats contrary to the vision for this landscape type.

Furthermore, the development guideline for this landscape character type states that the impact of development should: ‘ … be minimised by careful siting and design and seek environmental gains as heather and moorland restoration … carefully manage the expansion of major developments such as quarrying … minimise the impact of surface scarring from quarrying where possible through careful screening and siting’.

The proposed extension is in a prominent location and will introduce further scarring of the landscape from this industrial process. The nature and location of the development does not provide appropriate opportunities for screening.

As such we consider the proposal is contrary to Cumbria Minerals and Waste Development Framework Generic Development Control Policies DC12 and SLDC Local Plan Core Strategy Policy CS8.2 which states that proposals for development should be informed by, and be sympathetic to, distinctive landscape character types.

As well as the proposed development site forming part of a high quality landscape in its own right the site also forms part of the setting of the Lake District National Park which is a material consideration.

Paragraph 115 of the NPPF affords the highest levels of protection to the National Park stating: ‘Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest statue of protection in relation to landscape and scenic beauty’.

The existing quarry itself lies only 350 m from the boundary of the Lake District National Park and is visible from a distance of some 2 km to the north of the site from within the National Park giving rise to a significant impact on the sensitive protected landscape. The site possesses a strong degree of intervisibility with Landscape Character Type K: Low Fell as described in the LDNPA Landscape Character Assessment and the southernmost section of the LCT experiences significant adverse impacts from the current quarry operations. This proposal would introduce a new and prolonged phase of working at the quarry which would exacerbate the landscape impacts from the existing site.

Therefore it is considered that the proposal conflicts with Paragraph 115 of the NPPF as highlighted. This proximity and impact upon the setting of the National Park presents further conflict with both Cumbria Minerals and Waste Development Framework Generic Development Control Policies Policy DC12 and SLDC Local Plan Core Strategy Policy CS8.2 which both identify the need for development proposals to protect and where possible enhance the setting of protected landscapes including The National Park.

We are also concerned about the impacts on those receptors utilising the Open Access Land immediately adjacent to the application site for recreation. The Open Access land and network of Public Rights of Way provides opportunities for quiet enjoyment of the open countryside. Although the existing quarry does impact on the sense of tranquillity in the immediate vicinity the extension would prolong this negative impact for a longer time period than currently permitted.

Flood Risk: NPPF Paragraph 103 outlines the requirement for developments of over one hectare in Flood Zone 1 to be accompanied by a flood risk assessment. Given that the proposed extension area is 3.2 ha we consider a Flood risk Assessment should have been included. We are particularly concerned about the lack of detail concerning the potential impacts, and increased flood risk, out-with the site.

Furthermore, we are very concerned regarding the minimal level of detail supplied relating to the restoration proposal to form a waterbody in the existing void. This restoration would essentially create a very large reservoir controlled by a deep culvert. There is no assessment of the potential for the creation of this waterbody to increase flood risk. As such we consider this proposal to be contrary to Cumbria Minerals and Waste Development Framework Generic Development Control Policy DC13 which reiterates the requirement for flood risk assessment to adequately demonstrate that a proposal will be safe and not increase flood risk elsewhere.

Similarly the applicant has not provided details of any resilience measures relating to the potential failure of the culvert.

In summary the proposed extension to Kirkby Slate Quarry would have significant detrimental impacts on Kirkby Moor SSSI resulting in a direct loss of

habitat. During the operational phases the proposals would have a significant detrimental impact on the landscape character and tranquillity of the area for a sustained period over and above the extant permission. The issue of flood risk is not adequately addressed in the application through a site specific flood risk assessment and therefore the applicant has failed to demonstrate that there will be no increased flood risk to areas out with the site boundary. As such Friends of the Lake District consider that these proposals as contrary to a number of adopted national and local policies and should therefore be refused.

6.16 Cumbria Wildlife Trust: Kirkby Moor Site of Special Scientific Interest (SSSI) is designated for a variety of upland habitats. The main interest of the site is heather moorland, a habitat restricted on an international basis to Northern Europe and a scarce habitat within South Cumbria. Kirkby Moor is the largest area of this habitat in South Cumbria and there are no other notified examples. In addition to the moorland, other upland habitats occur which add diversity to the site as a whole. These include wet heath, mires, flushes, acidic grassland, bracken, streams and rills. Whilst the current boundary of the SSSI extends to within the current extraction permissions the lateral extension area proposed in this application cuts into the designated habitats of the SSSI such that there would be permanent loss of heathland and mire habitat of at least 3.2ha. Of particular concern is the destruction of the transition mire and quaking bog.

The Habitat Management Plan (HMP) submitted along with the application acknowledges the loss of this wetland habitat. The destruction of this mire is one that cannot be mitigated against or compensated for, as demonstrated by the proposed compensation delivery different habitat restoration to the habitat being destroyed. Thus the development will have a notable adverse effect on the Kirkby Moor SSSI. As such we believe that the proposals are in conflict with both local and national policy.

South Lakeland District Council Core Strategy Policy CS8.4 which states “Development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated site and non-protected sites that are considered to have geological and biodiversity value, will not be permitted unless : They cannot be located on alternative sites that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and prevention, mitigation and compensation measures are provided”.

The proposal is also contrary to paragraph 118 of the NPPF, which states “proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted. Where an adverse effect of the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it a special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest”.

We do not think the applicants have demonstrated that the economic benefits of the development which are extremely local and short term outweigh the biological importance of a nationally designated and protected site or extremely rare and irreplaceable habitat. This is clearly demonstrated by the

inability of the applicant to find a site that would give like for like compensation. The proposed restoration site is an M17/M19 blanket bog whereas the Kirkby Moor mire to be destroyed is an M21.M10a mire habitat. This is contrary to paragraph 22 of the Biodiversity Offsetting Pilots Technical Paper which states “At no time should an offset result in trading down, for instances in the replacement of habitat of high distinctiveness with creation or restoration of a habitat of medium distinctiveness. Habitats that are of high distinctiveness would generally be expected to be offset with like for like i.e. the compensation should involve the same habitat as was lost”.

It is also contrary to paragraph 55 which states “Development on areas of habitat that fall into the high habitat distinctiveness band will often need to be offset with conservation action to expand or restore the same habitat type (like for like compensation)”.

M21/M10a is a habitat of high distinctiveness and replacing it with the far commoners blanket bog habitat present at the compensation site is quite clearly “trading down” and is not “like for like” compensation. The biodiversity offsetting metric used should not, in the view of Cumbria Wildlife Trust be used for SSSI.

In addition the CMWDF policy CS4 relating to ‘Areas and features identified to be of International and National Importance’ states that: “planning applications within these, or that could affect them must demonstrate that they comply with national policy”. With regards to securing finances for any compensation, paragraph 37 in guidance to Local Authorities from Defra states: “If LPAs wish to use a condition to secure biodiversity offsetting, the condition should be framed so as to require that the development authorised by the permission should not commence, or proceed beyond an agreed stage, until the specified offsetting requirement has been secured and/or the necessary funding provided. The LPA will need to consider carefully which elements of the requirement can be secured through enforcement of the condition. This will need to include consideration of whether the long term delivery of the biodiversity offset after the development has been completed needs to be guaranteed in some way”.

Cumbria Wildlife Trust has extensive experience of Section 106 Agreements being used to compensate for loss of habitat. In every one of the cases we have been involved in, no funding has ever been forthcoming to deliver the habitat restoration that was promised during the planning development stage. Section 106 Agreements do not appear to have a viable mechanism for enforcement and so our experience leads us to believe that using Section 106 Agreements is a risky and unenforceable tool. As a consequence during discussions with the developer concerning compensation restoration, we request that adequate funding to deliver the restoration be lodged with a third party upon planning permission being given. We are disappointed to note our requests have been rejected. We would request that if planning permission is given, then full funding including restoration and monitoring costs for any compensation required should be provided before destruction of the mire commences.

6.16 Ramblers Association: It is noted that plans show (e.g. Figure 5) current Public Rights of Way being diverted to the south-east of the 'Back Way', almost to the site boundary and to the edge of the operational void. This is

understandably necessary for safety reasons. There is no objection provided the new route is clearly marked out and made obvious to walkers.

6.17 Open Space Society: Having revisited the site when we looked at the common land issues, the proposed extension area for the quarry and the potential landscape and nature conservation impact the development would have.

There is also one issue which had previously escaped us and that is the proposed extinguishment of the Old Slate Road which we believe has the status of a BOAT. Firstly the landscape impact. We noted the marker pegs for the proposed new boundary of the quarry and it was clear that the area of extension would cut though a shallow ridge which currently conceals the huge quarry working from adjacent public rights of way and nearby open access land. Whilst the letter of 19 September from Louise Leyland rightly states some of the areas where the new extension will be seen from it is far from correct as to the extent. The OSS note that the views from the immediate access land and the nearby PROWs (when diverted) will also be significantly and detrimentally affected. Additional we note that because the area proposed is higher than the existing quarry, the bulk of the quarry will be large and more noticeable in views from the western side of the estuary (e.g. Swinside Stone Circle area). We note that a great deal of the proposed surface cover of the proposed extension is heather. You may wish to note that the exchange land being proposed is not of the same nature conservation value although we recognise it could eventually be treated to encourage heather growth. This is why it is important for your council to consider the planning application alongside the implications of any s16 or s38 applications for works on common land. We suggest that your Council defer this matter from October so that you are aware of all the material considerations.

We are appalled by the calculation of loss of SSSI in Louise Leyland’s letter of 19 September to you. This is the incremental additional effect and makes no allowance for the area of the SSSI already sacrificed to the quarry activities, to the wind farm and to the various access tracks. We would argue that the total effect on the SSSI is the relevant material consideration for your council and not the extra increment. Nor do we accept that suggestion that by appending a restoration plan for the quarry at the end of the workings is evidence of potential future re-in statements. Given the current position it is worth noting that once the quarry has exhausted this permission it is more than certain a future planning application will be lodged to seek a further extension thus nullifying the current reinstatement proposals and further exacerbating the effect of the quarry on the landscape and the SSSI. We do not, as NE appears to do, accept that the restoration of a degraded mire system near Loweswater is appropriate compensation. It is our view that such an offer is totally unrelated to the current geographical area of these workings and, in any case, those mires should be restored as a matter of principle without recourse to this application.

Finally we have been made aware of the plans to extinguish the Old Slate Road across the Moor. We accept that part of this has already been quarried away by the company and that vehicles on the SSSI can be a significant problem both for the landowner and the status of the SSSI. We would strongly press you that the route be reclassified as a bridleway and the western end be re-routed on existing tracks to connect with a public highway. We therefore object to the total closure of this route especially as there are only two other

routes available for cyclists and horse riders on this common. The OSS obviously is aware of the need to keep the economic activity of the quarry but we do not feel that the refusal of this application would lead to any significant detriment to such activity. We therefore again strongly urge you to recommend the refusal of this damaging application.

6.18 Minerals Valuation Office: No objection.

6.19 Health and Safety Executive: No response received.

6.20 Kirkby Ireleth Parish Council: It is noted that the local population is largely in favour of this application since it ensures continued employment for many residents who are employed by the quarry. The Council has however received representation regarding matters which must be resolved if the work is to continue:

a. Currently waste from the quarry operations is being deposited on the quarry boundary above the hamlet of Beanthwaite. Residents are increasingly becoming concerned that this may become unstable.

b. The hamlet of Chapels, during heavy rain, frequently becomes partially flooded by water flowing down from the quarry. It is understood old quarry workings are to be flooded forming some form of lake. Residents are apprehensive of the amount of water being directly above their homes. Discussions with quarry management have not allayed their fears.

6.21 Duddon Parish Council: No objection or comments in respect of the planning applications.

6.22 Lowick Parish Council: The proposed development has potential implications for Lowick Parish and its residents. The Parish Council has requested an experienced Environmental Consultant, to examine the documentation in order to ensure that any potential adverse issues that may be significant, either immediately or at some time in the future are identified so that your officers are aware of any unforeseen implications of the proposal. The Consultant advises that a potential risk to the existing hydrogeology and hydrology of the areas close to the site may arise, but is not adequately dealt with in the formal Environmental Statement issued in support of the Application. landowners, farmers and Commoners with grazing rights depend on springs and seepages around the periphery of the Moor for purposes such as stock watering The proposal to deepen the existing void by up to 55m, from its current depth at approx. 145m above Ordnance Datum (AOD) to approximately 90m AOD, assumes that there is no hydraulic conductivity between strata at this lower level and the upper horizons of Kirkby Moor. This may or may not be correct.

If such a conduit either does exist at present but is not currently evident, or might be induced by deep quarrying activities in the future, then the internal hydraulic gradients that currently govern the rate at which water in the Wray Castle B Aquifer within the Moor drains down could be substantially increased. This would lead to an acceleration in the rate at which the upper levels of the aquifer draw down, causing earlier drying out and longer periods of depletion of water issuing to springs and seepages at higher levels around the Moor. This would have both agricultural and ecological implications.

Pumping the deepening void to permit continued access for quarrying would maintain any induced change in the hydraulic gradient within the Moor for the proposed 20 year operating period. However, if a new natural drainage route from the quarry exists or were to be formed at a very low level, it might not prove possible to flood the quarry to the existing depth, as proposed, at the end of the extraction period. In this case, the hydrogeology of the Moor would be permanently altered, and private access to water around the upper edges of the Moor would continue to be affected after the end of the proposed activity period.

Mr. Cross emphasises that this issue may or may not arise, but states that your planners need to be aware of the implications for the local populations should the temporary or permanent potential changes he has identified occur. In that case mitigation provisions would be necessary to provide alternative supplies of water, attributable to the Applicant, and possibly on a permanent basis.

The Parish Council is concerned that the proposal involves the extraction of many millions of cubic metres of rock, accompanied by the reprofiling of a very extensive area of land to dispose of the unwanted spoil. This appears to be primarily aimed at preserving a small number of manual jobs within the quarry for a limited period of time. The overwhelming current commercial activity at the Slate Quarry is the processing of stone quarried elsewhere, and this activity will continue, whether or not slate continues to be extracted at this specific site. It is the Lowick Parish Council's view that the environmental disturbance caused by this extremely large-scale landscape alteration, and the absolute permanence of the environmental changes arising from it, is entirely disproportionate to the claimed short-term benefits to the local community and to the sustainability of the wider environment within the context of this highly sensitive landscape.

Mr. Cross points out that, even if the deepened void can be flooded to the existing level AOD at the end of the development, the presumed ecological benefits of permitting such a large and deep water body will be extremely limited. The lake will have very low ecological productivity and will be hostile to natural ecological community development. Moreover, due to its very substantial depth and the hazardous profile of the surrounding semi- vertical terrain, the proposed water body will present severe problems for emergency search and rescue operations should any need arise to seek and retrieve possible casualties that may accidentally enter the water.

Lowick Parish Council therefore requests that your Planning Officers examine the issues raised herein, to ensure that the risks of possible future adverse effects arising are fully considered and that appropriate enforceable mitigatory plans are included should consent be granted. Since the issues raised by Mr. Cross' review have relevance to local landowners, farmers and others, the Parish Council has forwarded details of them to the NFU, the Environment Agency and others for their information.

6.24 The planning application has been advertised in local press, by site notice and written notification to local residents.

6.25 The application sites fall within the County Council electoral division of High

Furness. The local member representing that division, Mr Fletcher, has been notified.

6.26 Adjacent Councillor J Willis: I would only seek assurance that officers are satisfied with the Landscape and Visual Impact and Noise Assessments and also that this extension will not increase flood risk to the surrounding areas.

6.27 Eight representations have been received expressing concern for the following summarised reasons:

● Increase run off from the quarry and tip and potential of flooding of properties. ● Filling of the quarry with water and the potential impacts on residential properties. ● Pollution to Ghyll Beck and impacts on wildlife. ● Impact on private water supply. ● Impact on public footpaths in the area especially Hallsteads tip ● Impact on SSSI. ● Close proximity to boundary of the Lake District National Park.

6.28 Two representations have been received in support of the proposed development.

7.0 PLANNING ASSESSMENT

7.1 The planning applications are accompanied by a comprehensive Environmental Statement which covers impacts on ecology, noise, air quality, blasting, cultural heritage, highways and transportation, hydrogeology and hydrology and socio economic assessment for both the applications. A full description of the proposed works for both applications is listed below:

Extraction of clog from Hallstead tip

7.2 The proposal involves the extraction of clog from Hallstead Tip (clog is waste which has previously been considered unusable). Historical working at the quarry has resulted in the tipping of large quantities of clog particularly in Hallstead Tip area. The applicant has identified substantial blocks of clog in this area which can now be used in the production process. It is now proposed to rework the Tip and extract clog in order to maintain production levels.

7.3 It is proposed that a 3m high bund would be constructed along the north western boundary to screen working operations in the Tip area. The working method would entail the clog being worked from the top down.

Lateral extension of quarry void in a south-easterly direction resulting in extension to planning boundary of 3.2 ha. Lateral extension of quarry void in a north westerly direction within planning boundary

7.4 It is proposed to deepen the quarry by 55m to 95m AOD, a lateral extension to the quarry void to both the back way and the right way (the back way slope is the main slope along the south eastern side of the quarry and the right way slope is the high slope along the north western side of the quarry). The lateral extension area is proposed as 3.2ha. The proposal would see revised working of the existing faces making these safer to work, providing an additional

reserve of 6.98 million m3 of rock and overburden material.

Amendment to tipping strategy to accommodate additional overburden material

7.5 The current planning permission allows further tipping to part of the Hallstead Tip which is the area north west of the application site. This is an extensive area of land which currently consists of two agricultural fields between Hallstead Wood and the existing tips.

7.6 The proposal is to amend the tipping strategy which would entail tipping being undertaken in Birk Knott, Low Lord and Winnow End obviating the need to utilise this area for tipping in the future.

Continuation of ancillary activities (aggregate production, slate processing) on site

7.7 The proposed planning application would consolidate all existing planning permissions into one manageable planning permission. The proposal thereby includes ancillary activities such as aggregate production, slate processing and sales.

7.8 These activities are currently carried out at the quarry and it is not proposed to increase the current levels of activity. It would just bring all activities within the site into one planning permission.

Extension of time to 2050

7.9 The quarry currently has permission to operate until 21 February 2042 depending on the level of reserve remaining in the quarry. The proposed extension area would extend the life of the quarry until 2050. In terms of quarrying operations this is considered to be a short additional time period but significantly the extension of extraction operations would make the operations commercially viable and facilitate long term significant investment into the quarry.

Amendment to final restoration profiles and after uses

7.10 The proposed revised phased restoration plans for the site would see the whole site being returned to a profile which would be more in keeping with the existing moorland. The proposed contours would tie in with the existing land contours. Whist it is difficult to assess how the contours of the land were prior to quarrying in the area as quarrying has taken place on the site for a number of centuries the proposed restoration would be a significant improvement to the existing spoil tips.

Diversion of public footpath nos. 530989 & 539058. Formal stopping up unclassified county road no U 5097

7.11 Public footpath no’s 530989 and 539058 are proposed to be diverted as these would be in the proposed working area. It is proposed to divert these away from operational working area.

7.12 The development also proposes the stopping up of unclassified road U5097 which currently enters the quarry void and should have been previously stopped up as part of previous planning permissions.

5/16/9003 - Infilling of Winnow End Quarry

7.13 The proposed development involves alteration to the current tipping strategy which currently allows tipping up to the area of Hallstead Wood. The proposed new tipping strategy would provide for tipping of overburden into the former Winnow End quarry to infill a large void and restore it to a convex face. Tipping in the quarry would allow the quarry to be restored to heath moorland/acid grassland reflective of the existing vegetation in the area. The revised tipping strategy would reduce the visual impact of the north western tip areas which are currently one of the main landscape features and cause of visual impacts of the area.

Main Planning Issues

7.14 The main planning issues raised by the proposal to amend the working operations and extend the life of operations until 2050 including progressive restoration are the question of need and acceptability for the continued operations in terms of potential environmental impacts. Other impacts that need to be considered are the potential effects on residential amenity, in terms of noise and dust emissions; biodiversity; impact on the highway; restoration and aftercare; landscape and visual impact;

Need

7.15 Section 13 (Paragraph 144) of the NPPF states that local planning authorities should ‘give great weight to the benefits of the mineral extraction, including the economy’. It also directs local planning authorities to ‘recognise the small- scale nature and impact of building and roofing stone quarries’, and ‘the need for a flexible approach to the potentially long duration of planning permissions reflecting the intermittent or low rate of working at many sites.’ The NPPF also provides a locational steer, stating a preference for extraction of building stone at, or close to, relic quarries.

7.16 Paragraph 142 of the NPPF states “Minerals are essential to sustaining economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. However, since minerals are a finite natural resource and can only be worked where they are found, it is important to make best use of them to secure their long term conservation”.

7.17 Paragraph 010 of the PPG states that “the suitability of each proposed site, whether an extension to an existing site or a new site, must be considered on its individual merits, taking into account issues such as : need for the specific mineral; economic considerations (such being able to continue to extract the resource, retaining jobs, being able to utilise existing plant and other infrastructure), and; positive and negative environmental impacts (including the feasibility of a strategic approach to restoration) and the cumulative impacts of the proposal in the area.”

7.18 Para 016 of the PPG states that “Minerals operators should look to agree a programme of work with the mineral planning authority which takes into account, as far as is practicable, the potential impacts on the local community and local environment (including wildlife), the proximity to occupied properties, and legitimate operations considerations over the expected duration of operations”.

7.19 Para 017 of the PPG states that local planning authorities should ‘recognise that, compared to other types of mineral extraction, most building stone quarries are small-scale and have a far lower rate of extraction when compared to other quarries. This means that their local environmental impacts may be significantly less.’ The guidance also points out that quarries often therefore continue to operate for ‘a very long period.’

7.20 Para 040 of the PPG requires mineral operators to submit a proposal for restoration and aftercare as part of the planning application (Section 72 and Schedule 5 of the Town and Country Planning Act 1990) advises on the condition which may be imposed on the granting of planning permission for development consisting of winning and working of material.

7.21 Para 007 of the PPG places a duty on all public authorities in England and Wales to have required, in the exercise of their functions, to the purposes of conserving biodiversity (Section 40 of the National Environment and Rural Communities Act 2006). A key purpose of this duty is to embed consideration of biodiversity as an integral part of policy and decision making. Para 020 where significant harm to biodiversity is unavoidable, how can mitigation or compensation measures be ensured? Special compensation considerations apply in the case of sites protected by the European Habitats and Wild Birds Directives. If harm to such sites is to be allowed (because there are no alternatives and ‘imperative reasons of overriding public interest’ can be shown) the Directive requires that all necessary compensatory measures are taken to ensure the overall coherence of the network of European sites as a whole is protected.

7.22 Cumbria MWDF Core Strategy Policy CS 17 (Building Stones) states that ‘planning permission will be granted’ for proposals that would help to provide the full range of local building stones that are needed to maintain Cumbria’s local distinctiveness, provided they have ‘acceptable environmental impacts’. Cumbria MWDF Policy DC 6 (Criteria for Non-energy Minerals Development) expands on this by stating that ‘favourable consideration’ may be given to proposals relating to building stone quarries which meet the need for stone to match local vernacular building, and the conservation and repair of historic buildings. It also states that favourable consideration may be given to areas already subject to minerals extraction where the additional working will enable ‘comprehensive exploitation of the reserves, or where the proposal achieves a more sustainable afteruse or better restoration of the area’.

7.23 Cumbria MWDF Development Control Policy DC1 (Transport) requires developments to be well related to the strategic route network and are located to minimise operational “minerals and waste road miles”; Policy DC2 (General Criteria) developments must demonstrate noise, blast and air over-pressure levels are within acceptable limits; public rights of way not adversely affected and ground stability; Policy DC3 (Cumulative Environmental Impacts) development proposals will be assessed in the light of other land uses in the area with consideration to impacts on local communities, environmental aspects, impacts on local amenity, number of vehicles generated; Policy DC10 (Biodiversity and Geodiversity) requires development which would have an impact to demonstrate their potential to enhance, restore and add to resource or add to these resources and to functional ecological and green infrastructure networks; Policy DC11 (Historic Environment) require development that would adversely affect a nationally

important archaeological site monument or historic asset, whether scheduled or not or its setting; will not be permitted unless there is an over-ridding reason of national importance for the development to proceed; Policy DC12 (Landscape) requires proposals to be compatible with the distinctive characteristics and features of Cumbria’s landscapes and should avoid significant impacts on the natural and historic landscape; ensure development proposals consider the effects on locally distinctive natural or built features; Policy DC14 (The Water Environment) development will only be granted whether there is no unacceptable quantitative or qualitative adverse effects on the water environment; Policy DC16 (Afteruse and Restoration) developments should be accompanied with detailed proposals for restoration including proposals for appropriate afteruse.

7.24 Kirkby Slate Quarry yields quality blue/grey slate that has been quarried in the area for centuries. The slate is a high quality which is used for numerous projects; slate for restoration, regeneration and new building projects, roofing slate, aggregate sales for landscaping, construction, walling, paving, off-cuts lintels and waste. The slate is used in many construction projects, locally, regionally, nationally and worldwide.

7.25 Many local planning authorities, through development plan policy emphasise the use of natural materials in housing and commercial development in order to ensure good architectural design and continue vernacular architectural styles. Restoration projects also require such materials to ensure authentic and appropriate building repairs.

7.26 Burlington blue/grey slate is found in South Cumbria and is identified in the Cumbria MWDF Core Strategy (para 10.37). It is classed as a local, national and internationally important asset. The continued operation of the site would enable a full range of blue/grey stale to continue to be available, and as such accords with the objectives of Core Strategy Policy CS1.

7.27 South Lakeland Local Development Framework Core Strategy 2010 Policy CS8.2 – protection and enhancement of landscape and settlement character requires development proposals should demonstrate that their location, scale, design and materials will protect, conserve and where possible, enhance: the special qualities of the environment associated with the nationally designated areas of the National Parks and Arnside and Silverdale AONB including their settings; the special qualities and local distinctiveness of the area and the setting of, and views into and from the AONB, the National Parks, conservation areas and individual build/manmade features that contribute to landscape character …. Policy CS8.4 Biodiversity and geodiversity requires all development proposals to protect, enhance and restore the biodiversity and geodiversity value of land and buildings. It goes on to further state “Development proposals that would have a direct or indirect adverse effect on nationally, sub-regional, regional and local designated site and non-protected sites that are considered to have geological and biodiversity value, will not be permitted unless : they cannot be located on alternative site that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; prevention, mitigation and compensatory measures are provided.

7.28 Saved policies in South Lakeland Local Plan 2006 and alterations (March 2007) Policy C8 – Sites of regional or local nature conservation importance

states “development and land use change likely to have a significant adverse effect on a Local Nature Reserve, a Site of Importance for Nature Conservation or a Regionally Important Geological/Geomorphological Site, will not be approved unless it can be clearly demonstrated that there are reasons for the proposal which clearly outweigh the need to safeguard the intrinsic nature conservation value of the site or feature.”

7.29 In terms of policy and need the continued operations of Kirkby Quarry for extraction purposes and for the working of similar specialised stone from other quarries within the group are considered to be essential to the local and contribute to the national economy by ensuring a continued supply of a bespoke product which is recognised locally, nationally and worldwide as an essential mineral reserve. It is therefore considered that the proposed amended working, extension and phased restoration of the site comply with both national and local policies.

Site Alternatives

7.30 The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 requires an Environmental Statement to provide “an outline of main alternatives studied by an applicant or appellant, indicating the main reasons for the choice and environmental effects.

7.31 Kirkby Quarry forms part of Wray Castle formation. The formation extends to the south and west of the quarry. It is no accident that Kirkby Quarry is by far the largest quarry on Kirkby Moor. It is only in this location that the geological structure exists which permits the extraction of large quantities of good quality slate. Consequently the applicant has not considered any alternative locations for quarrying as the best/only source of this particular mineral is at Kirkby Quarry – the sole reson for the quarry being there.

7.32 Paragraph 142 of the NPPF states “… since minerals are a finite natural resource, and can only be worked where they are found, it is important to make best use of them to secure their long term conservation”.

7.33 It is therefore accepted that as minerals can only be worked where they occur and this is a relatively scarce source of a specialised mineral that there are no reasonable alternatives to continued and extended operations at the quarry. This is an important consideration given the impact the proposal would have on the loss of part (albeit a very small part) of the SSSI.

Impacts on Residential Amenity

7.34 Cumbria MWDF Policy DC2 (General Criteria) states that minerals proposals must demonstrate that noise, blast vibration and air overpressure would be within acceptable limits, and that there would be no significant degradation of air quality from dust and emissions.

7.35 PPG (paragraph 021) states that mineral planning authorities should aim to establish noise limit, through a planning condition, at a noise sensitive property that does not exceed the background noise level of more than 10 dB(A) during normal working hours. It goes on to state that where this would be difficult to achieve without imposing unreasonable burdens on the mineral operator, the limit should be set as near that level as practicable and, in any event, should not exceed 55dB(A) LAeq, 1 hour.

7.36 In this case the nearest habitable dwelling is Ghyll Beck Farm 160m north west of the site boundary, 200m from the nearest tipping/restoration area and 800m from the main working area. There is also, within close proximity to the western site boundary, Longlands Caravan Park which is approximately 200m from the working site boundary. The existing screening of the site would mean that the proposals would not have any additional impact on the residential amenities of the occupiers greater than those currently experienced. However, it is recommended that should planning permission be granted that a planning condition be imposed requiring noise levels not to exceed 55dB(A) at any noise sensitive property.

7.37 Dust from the quarry has been assessed as not raising any issues due to the distance from the quarry to the nearest sensitive receptors. However, it is recommended that planning conditions are imposed to ensure drilling equipment and dust suppression systems are in place to prevent or minimise dust migrating from the site.

Highways and Transportation

7.38 Cumbria MWDF Policy DC1 (Transport and Traffic) states that mineral developments should be located where they are well related to the strategic highway route as defined in the Local Transport Plan and are located to help minimise operational “minerals and waste road miles”. Whilst there is a need to reduce minerals and waste road miles, it must be recognised that minerals can only be worked where they occur.

7.39 Kirkby Quarry is accessed from the strategic road network (A5092) which forms part of the A595 to the west and connects with the A590(T) to the east at Greenodd and the M6 motorway at Kendal. From the A5092 the site is accessed from a private access road which extends approximately 950m. Visibility splays on the A5092 from the private access road are good in both directions. The A5092, A595 and A590 form part of Cumbria County Council’s HGV Guide route; the guide provides a series of road networks which are suitable for HGVs throughout the County. The quarry has no rail and shipping links due to its elevated inland location.

7.40 The current extraction rate for the quarry is around 110,000 tonnes per annum (approximately 2,115 tonnes per week and 423 tonnes per day). Approximately 100 HGVs (200 movements) enter and leave the quarry each week around 20 HGVs (40 movements) per day. There are currently no restrictions on the number of vehicles which can enter and leave the site each day/week. HGVs currently access the site between 07.45 – 17.00; staff times differ slightly; the site operates 24 hours Monday to Wednesday.

7.41 It is not proposed to increase current traffic levels as part of this planning application.

7.42 The quarry is well related to the strategic road network. With regards to reducing minerals and waste road miles, minerals can only be worked where they occur; this is a local specialised mineral which can only be found in this quarry. It is therefore considered that the existing access to the strategic highway network is acceptable and that there is no opportunity to reduce minerals and waste miles due to the location and elevation of the quarry. It is therefore concluded that the proposed development complies with Cumbria MWDF Policy DC1.

Landscape and Visual Impact

7.43 The applicant has undertaken a landscape and visual impact assessment (LVIA) of the quarry operation. This assesses the effects of the development as it currently exists, and compares the effects as they occur/would occur with the current consented scheme, and how they would occur if the proposed scheme were to be implemented. The assessment is undertaken in regard to operational and residual effects.

7.44 In summary, the conclusions of the LVIA with regard to both the consented, and proposed schemes, are that during the operational period of the development, there would be some significant impacts on landscape fabric, character and visual amenity of the area up to a distance of approximately 4km from the site boundary. Beyond this area, the impacts are generally judged to be not significant in EIA terms. Post restoration, these impacts would be reduced to a negligible level.

7.45 When comparing the approved and proposed scheme, there are a number of key issues to highlight. Firstly, the relative duration of both schemes. The proposed scheme seeks to extend the working life of the quarry from 2042 to 2050. The operational effects described above would therefore exist for eight additional years. In landscape and visual assessment methodology, duration of effect is a determinant of magnitude of effect, which is in turn, a determinant of significance. Generally speaking, it is therefore considered that the overall significance of effect will increase as a result of the extended life of the development.

7.46 However, how notable this increase in significance is judged to be, needs to be viewed in the wider context – including the length of time during which quarrying has been undertaken on Kirkby Moor. It is also key to consider the specific elements of the consented and proposed schemes, and their relative landscape and visual effects, both operationally, and residually.

7.47 The key elements of the scheme from a landscape and visual perspective are considered to be the lateral extension to the south; the tipping strategy; extraction of clog from the Hallstead area; the creation of a waterbody in the quarry void; and the final restoration profiles and land cover. These are considered in turn below:

The Lateral Extension

7.48 The quarry lies within landscape type 9d ‘Ridges’ as defined by the Cumbria Landscape Character Guidance and Toolkit (CLCGT). During the operational phase of the development, a loss of an area of heath moorland, which is characteristic of this area, would result from the proposed lateral extension. The applicant concludes in terms of landscape character, that this extension would compound existing significant effects within 2km of the site. The conclusion in regard to the overall character and fabric of 9d is that the effects will not be significant, due to the relatively small area of 9d which would be affected by the lateral extension.

7.49 In regard to visual effects, the extension would largely compound existing significant visual impacts for receptors located in close proximity, i.e. users of the public right of way network and Open Access land.

7.50 It is considered therefore, that whilst there would be a net adverse effect in landscape and visual terms resulting from the lateral extension during the operation of the site, this would largely compound existing significant effects. Following restoration, the affected area would be restored to heather moorland, resulting in negligible residual impact.

The Tipping Strategy

7.51 The approved scheme allows for the tipping of material to the north of the Hallstead area. This area currently comprises agricultural grassland. The proposed tipping strategy would leave these fields intact, and instead focus upon tipping in the currently worked areas of Birk Knott, Hallstead and Low Lord, and in Winnow End old quarry – an unrestored, formerly worked area.

7.52 In terms of the operational effects upon the landscape character and fabric of 9d, it is considered that the proposed approach would result in a beneficial effect when compared to the approved scheme, since agricultural land would be left undisturbed. Winnow End old quarry would also be formally restored to moorland.

7.53 In wider landscape character terms, when assessing the effects upon neighbouring landscape character types, the effects are again considered to be positive. Whilst there would be some visual impact associated with tipping in the proposed tipping areas, it is considered that tipping on the fields to the north of Hallstead (as would be the case with the approved scheme) would both lead to a greater footprint of tipping on green field areas and result in a more significant visual impact throughout the tipping operations.

7.54 The residual effect upon landscape character is considered to be positive, since a more natural landform would result.

7.55 Similarly, in visual impact terms, whilst there may be significant impacts upon receptors in close proximity arising from tipping in Winnow End old quarry, these would be limited to the initial phases of the development. In the longer term, a net benefit would result from the restoration of this area. Moreover, it is considered that any adverse visual effects arising from this aspect of the development would be offset through the avoidance of tipping north of Hallstead, on a slope which is highly prominent in the wider landscape.

Extraction of Clog from Hallstead Tip

7.56 The proposed extraction of clog from Hallstead Tip is not considered to generate any significant net landscape impact upon the landscape fabric of 9d, since this area of land is already disturbed ground. In terms of wider landscape character and visual impacts, whilst the working would be visible from some areas, the effects would be mitigated through the proposed screening bund to the north, and would be limited to the earlier phases of the development. Under the proposed scheme, the area would ultimately be restored to heather moorland. With the existing scheme, restoration of the area would also be primarily to heather moorland, but would also include an area of woodland planting. Both approaches are consistent with CLCGT guidance. The residual impact is therefore considered to be acceptable under both schemes.

Creation of Waterbody

7.57 The extant permission does not specifically define the approach to be taken to the restoration of the main quarry void. The proposed approach would be to create a waterbody, with the former working faces and void edge establishing as areas of heath moorland vegetation descending towards the waterbody. The CLCGT notes that wetland features, including tarns, are characteristic of 9d, and encourages the creation of new features such as tarns, wetlands and small woods in order to create dramatic focal features in a predominantly open landscape. The proposed restoration of this area is therefore considered to be consistent with CLCGT guidance.

Amendments to the Final Restoration Profiles and Land cover

7.58 The proposed scheme would result in some changes to the final restoration profiles across the site to those approved as part of the existing permission. These changes are considered to be generally minor, and would result in a more natural landform.

7.59 The existing permission final restoration scheme includes woodland planting on parts of the Hallstead and Low Lord areas. The proposed scheme would however, consist solely of heather moorland. As noted above, the CLCGT supports the creation of woodland in type 9d, in order to add interest. Whilst the creation of areas of woodland would be welcome, the proposed restoration is considered to be consistent with local landscape character.

Landscape and Visual Effects - Summary

7.60 The operational and residual effects of both the extant consented scheme, and the proposed scheme, have been considered and compared. In summary, both schemes would result in significant landscape and visual impacts in a number of areas up to 4km from the site.

7.61 The existing permission secures restoration of the site by 2042, whereas the proposed scheme seeks restoration by 2050, thereby extending the period in which the significant effects resulting from the operation of the site would be experienced by eight years. The proposed scheme also seeks a lateral extension, which would result in localised significant impacts upon landscape character during operational years. The net effect of this extension is not considered to be significant when viewed in the wider landscape context, given the existing effects arising from the approved development. The residual effects of the lateral extension would be negligible, as the area would be restored to a characteristic land use.

7.62 The proposed scheme would secure the creation of a waterbody in the main quarry void. This would create a positive focal point, which is encouraged by landscape guidance. The proposed scheme would ultimately result in a more naturalistic landform than the existing scheme. Most notably, the proposed scheme would avoid tipping on agricultural fields north of Hallstead, which are prominent in the local landscape the current planning permission allows quarry waste to be disposed of up to the field boundary/tree line.

7.63 It is relevant to note that quarrying on Kirkby Moor has been a feature in the local landscape for centuries. In light of this, an additional eight years is not considered to be a significant increase in relative terms. The above noted factors are considered to offset any net adverse effects resulting from the longer working period. It is therefore considered that the proposed scheme

would result in a beneficial effect in landscape and visual terms, when compared to the consented scheme.

Cumulative Impacts

7.64 An assessment of the cumulative landscape and visual effects of the proposed development, alongside other major developments in the area, has been undertaken by the applicant. These developments comprise Ghyll Scaur Quarry (7km to the west); Kirkby Moor Wind Farm (immediately to the south and east); Askam and Ireleth Wind Farm (5.5 km to the south) and Harlock Hill Wind farm (3.7 km to the south).

7.65 Little or no cumulative effects are predicted with these developments, due to the distance from the site and topography, and/or the relatively minor change to the existing situation.

7.66 Concern has been raised by Friends of the Lake District (CPRE) and Natural England with regards to impacts of the continued working of the quarry would have on the setting of the Lake District National Park. These impacts have been considered and assessed by the applicant as part of the ES and it is considered that there would be very little impact from the revised and additional workings to what is currently permitted on site.

7.67 The Lake District National Park Authority recognise that the existing workings do have a significant visual impact on the setting of the National Park and have welcomed the introduction of a phased restoration scheme for the quarry. They have also considered the economic benefits the quarry brings to the local communities within and outside the National Park boundaries. The Lake District National Park Authority raises no objection to the continued working of the quarry and supports the introduction of progressive restoration at the quarry.

7.68 It is therefore concluded that there would not be any unacceptable greater cumulative impact on the area from mineral extractive operations.

Infilling of Winnow End (5/16/9003)

7.69 It is proposed as part of the scheme to infill the former Winnow End Quarry. Winnow End Quarry is a large void located to the south west of the operational quarry. The proposal is to use the former quarry for the disposal of waste from the lateral extension area of the proposal. Currently the workings have permission to dispose of waste on the Hallstead Tip which is prominent and extends significantly North West of the site (two fields between the existing tip and Hallstead Wood). The proposal is to reduce the scale of the approved tipping strategy and create a new more sensitive tipping strategy reducing landscape and visual impact of the area.

7.70 Winnow End Quarry operated between 1720-1851. Since this time the quarry has been left unworked and unused.

7.71 The infilling of the quarry would allow a more natural landscape to be created during restoration of the site. A new access to the quarry would be required from the existing operational area of the quarry. Due to the nature and visual appearance of the operational quarry which incorporates a large number of haul roads, the creation of an additional access would have no visual

consequence.

7.72 The landscape has clearly been affected by historic and current workings over many years and which have created a large number of scars in terms of former quarries and tailing mounds. It is considered that the proposed working and progressive restoration would not have any significant adverse impact on the landscape and would result in an improved landscape over time with the proposed restoration. It is therefore considered that the impacts associated with landscape and visual appearance has been carefully considered by the applicant and the proposals would result in an improved working landscape and phased restoration. The infilling of Winnow End Quarry would comply with the NPPF (paragraph 109) and with the CMWLDF Policy DC12 – Landscape; South Lakeland District Core Strategy Policy CS8.2 and South Lakeland District Council, Local Plan saved Policy C9.

Noise, Dust, Air Quality, Blasting and Vibration

7.73 The existing and proposed operations have the potential to generate impacts on the environment and amenities of the area attributable to noise, dust, air quality, blasting and vibration associated with operational plant and machinery and working and blasting within the quarry void. The applicant has carried out a detailed assessment on these impacts as part of the ES and which area addressed as follows:

7.74 Noise from the development/operations could arise from blasting, the working area including screening and crushing and disposal into the tipping areas, processing the slate in the saw sheds and HGV movements. The application site is located in a rural elevated location with the nearest habitable dwelling being 670m west of the processing area. The proposed extension of the quarry is from the existing void. Screening and crushing operations are located and screened within the quarry complex. Plant and machinery have reversing alarms but which could be controlled by condition. The sawing and processing of slate is all enclosed within industrial buildings. It is not envisaged that the proposed operations or extended life of the site would generate any additional noise over or that noise would be unacceptable.

7.75 Dust could be generated as part of the operational development including plant and equipment using haul roads within the quarry complex transporting extracted minerals and tipping waste, blasting or vehicles on the highway in dry conditions. The site is required to maintain a dust suppression system which reduces dust within the working area during dry and windy weather periods. The operator currently has a water boswer system. The proposed development would maintain these facilities and conditions could be imposed to ensure these facilities are maintained at all times and dust migration from the site is prevented or minimised to acceptable levels.

7.76 Blasting has the potential to generate noise. Since the changes to the elimination of detonator cords the characteristics of noise from a blasting is now a sharp crack rather than the previous dull thump. Peak noise levels from blasting are comparable to levels routinely generated by cars etc. only in this case the noise would exist for less than a second and occur infrequently. It is considered that noise from blasting would not be unacceptable.

7.77 Blasting can generate both ground vibration and air vibration by the generation of a series of pressure waves in the air, known as air overpressure.

This is similar to a series of gusts of wind compressed into a very short period of time. Air overpressure can make doors and windows rattle and give the impression that a property is shaking.

7.78 The effects of air overpressure are controlled through blast design and health and safety legislation. The maximum pressure in these airborne waves is known as the peak overpressure and is normally measured in decibels (dB). Air overpressure can be affected by meteorological conditions such as wind speed and direction, temperature, cloud cover and humidity. It can induce forces into buildings that can be compared to those generated by the wind.

7.79 Although structural damage is unlikely from air overpressure, it can cause concern and annoyance and perceived damage to property. Relatively low levels can be sufficient to cause the rattling of ornaments or windows and hence gives the impression of a significant ground vibration shaking a property.

7.80 The nearest habitable dwelling to the working area is Gill Beck 900m west of the working quarry area and 700m from the processing facilities within the quarry. It is considered that the frequency and design of any blasting would keep vibration to a minimum and would not be any greater than currently experienced other than continuing for a few more years longer. Limits on ground vibration could be imposed. It is therefore concluded that there would be no unacceptable impacts associated with blasting. The assessment in the ES has concluded that whilst there are currently minimal impacts from noise, dust, air quality, vibration or blasting from the development, there may be some impacts from the proposed development due to the working areas being closer to the nearest receptors. There are currently conditions imposed which protect nearby receptors and is proposed that these conditions be maintained as part of the granting of any planning permission.

7.81 There have been no complaints with regards to noise, dust, blasting, air quality and vibration for a number of years. South Lakeland District Council Environmental Health Department have requested that conditions be imposed for the monitoring of noise and vibration as part of any planning conditions and which are set out in the recommendation. It is therefore considered that the impacts associated with noise, dust, blasting, air quality and vibration could be controlled by condition and subject to such the development would comply with the NPPF (paragraph 144) and CMWLDF Policy DC2 – General Criteria.

Rights of Way/Stopping up of Highway

7.82 The proposed quarrying operations would affect two public footpaths numbered 539058 and 539057 which are proposed to be diverted around the quarry void; it is also proposed to stop up unclassified road U5097 (known as Kirkby Slate Road). The stopping up of U5097 should have taken place when planning application 5/95/9007 was considered. However this was never done and therefore now forms part of this planning application.

7.83 The diversion of the footpaths would make them more accessible for members of the public and avoid putting them at any risk of fall or tip hazards associated with the quarry. The Rights of Way Officer considers this to be the appropriate level of consideration in relation to the recorded public rights of way affected by the proposal.

7.84 Road U5097 is accessed from the C5018 which is a minor road accessed from the B5281 (Gawthwaite to Ulverston road) and connects to Kirkby Moor Road and Marton road. The road has previously been used to access quarry workings on Kirkby Moor and is now used as a service road for the control kiosk for the wind farm. The Local Planning Authority is satisfied that the stopping up of the U5097 would be of public interest/safety as this would prevent unauthorised use of the highway through the operational quarry workings. It is therefore proposed that under Town and Country Planning Act (Section 257 or amended) that the U5097 be stopped up.

7.85 The Open Spaces Society has requested the route be reclassified as a bridleway and the western end be re-routed on existing tracks to connect with a public highway and object to the total closure of the route especially as there are only two other routes available for cyclists and horse riders on this common.

7.86 The proposed diversion of public footpaths 539058 and 539057 raise no issues or concerns as they would provide a safe passage for users. Whilst the Open Spaces Society object to the stopping up of unclassified road U5097, it would only be stopped up from the point it enters the operational quarry and would not be lost in its entirety. It is therefore considered that the proposed diversion and stopping up of the footpaths and unclassified road would not lead to any greater loss of amenity and would be acceptable.

Hydrogeology/Hydrology and Geology

7.87 CMWDF Development Control policy DC13 and DC14 (Flood Risk and Water Environment) and Carlisle Local Plan Policy CP10 (Sustainable Drainage Systems) advise that proposal should be incorporated into development proposals when the generation of increased surface water runoff and the rate surface water runoff is likely to create problems.

7.88 The ES includes a chapter on Hydrology and Water and assesses the potential impact the proposed development would have on the water environment. Significant additional work has also been undertaken in light of consultees and third party comments with regards to potential impacts of flooding from the site.

7.89 Concern has been raised by the Lead Local Flood Authority with regards to impacts from the proposed development and the potential of increased flooding in the area particularly in respect of the proposed extension of the existing culvert by 250m. Following extensive negotiations and additional information with the applicant the Lead Local Flood Authority are now satisfied that mitigation measures can be put in place and could be required by condition to prevent there being any additional impacts with regards to flood risk from the proposed development.

7.90 The Environment Agency has advised that there are no licensed groundwater abstractions at risk from the proposed extension or the infilling of the former Winnow End Quarry. They are satisfied that the additional information submitted confirms that there would be no unacceptable impact on flooding, natural springs and flushes in the area.

7.91 Significant work has been carried out to establish the potential impacts the proposed working and restoration of the site would have on the surrounding

areas. It has concluded that there would be no significant impact from the proposed development. The proposed development is therefore considered to comply with CMWLDF Policy DC10; South Lakeland District Council Core Strategy Policy CS8.8 Development and Flood Risk and South Lakeland Saved Local Plan Policy C22 Flood Risk and Policy C24 – Watercourses and Coastal Margins.

Pollution Control

7.92 The main potential source of ground or surface water contamination would be from fuel stored on site, potential of leakage from the tanks and leakage from vehicles on site. Fuel currently stored on site is stored in designated storage tanks, these include having drip trays which are capable of storing 110% of the tanks capacity. The tanks are currently located at the entrance to the quarry void. There have been no reported incidents of pollution at the site. The storage of fuel on site has to comply with Environment Agency Pollution Prevention Guidelines. The storage of fuel on site is controlled by an appropriately worded condition to prevent any risk of pollution. It is therefore considered there would be no unacceptable ground contamination issues.

Biodiversity/Ecological Impacts

7.93 An assessment of ecology is included within the ES. The proposal would result in the loss of a small part of the Kirkby Moor SSSI. The proposed loss of the SSSI has resulted in extensive discussion and negotiation between Cumbria County Council Planning and Ecology, Natural England and the Applicant to try and establish a solution with regards to the loss of the SSSI.

7.94 Kirkby Quarry is located on the northern side of Kirkby Moor/Lowick Common. Kirkby Moor is designated Site of Special Scientific Interest (SSSI). The existing site workings adjoin the boundary of the SSSI and the overall site boundary currently forms part of the SSSI. The main interest of the SSSI is the heather moorland, a habitat restricted on an international basis to Northern Europe and a scarce habitat within South Cumbria. Kirkby Moor is the largest area of this habitat in South Cumbria there are currently no other examples. In addition to the moorland, other upland habitats occur which add diversity to the site as a whole. These include wet heath, mires, flushes, acidic grassland, bracken, stream and rills. The location of Kirkby Moor Quarry is bordered by a number of SSSIs namely Kirkby Moor, Subberthwaite, Blawith and Torver Low Commons, Duddon Mosses and Duddon Estuary.

7.95 The proposed development would result in the removal of dwarf shrub heath bedrock, soils and heather community totalling in a loss of 1.78ha to the potential detriment of breeding birds. Kirkby Moor supports red grouse and curlew. However the diversity of bird species is low. The moorland also provides a feeding habitat for buzzard, raven and peregrine falcons. Whilst the proposed development does have the potential to impact on bird species in the area it is felt that this would be minimal and the loss of 3.2ha of the SSSI would be acceptable, particularly given the longer term restoration proposals that would return derelict areas to moorland.

7.96 The main impact of the proposed development is the lateral extension of the existing quarry workings which would involve an extension of the working area into the SSSI. The overall area proposed to be worked in the SSSI is approximately 3.2ha including a net loss of 1.78ha of SSSI. Whilst currently

the site boundary extends into the SSSI the actual working area does not. The status of the site as a SSSI this does not have the same protection of a European Protected Site (i.e. RAMSAR, SPA, SAC etc.) and therefore does not require an Appropriate Assessment to be undertaken. However the designation of SSSI does have a significant impact on the area as this would involve the partial loss of SSSI and a rare mire habitat.

7.97 The area of the proposed working includes part of the SSSI which is a rare mire comprising both acid and base rich communities in a mosaic (NVC communities M21/M10). The habitat is present in this location due to place- specific environmental factors, including the accumulation of peat and the outflow of base-rich groundwater. The habitat falls within the scope of the Habitats Directive Annex 1 habitat transition mire and quaking bog. Kirkby Moor is important for this type of transition mire as nationally the area is very limited making it a rare community. Within England there is approximately 540ha of this habitat of which 149ha occurs in this area therefore supporting 27% of the national resource. It is recognised by the Local Planning Authority and Natural England that there would be a significant impact on the loss of the habitat.

7.98 Paragraph 118 of the NPPF states “when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles :

- If significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused.

- Proposed development on land within or outside a Site of Special Scientific Interest likely to have an adverse effect on a Site of Special Scientific Interest (either individually or in combination with other developments) should not normally be permitted . Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it a special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest.”

7.99 The applicant has proposed a detailed mitigation scheme which would include the translocation of turves that are removed onto areas of regeneration spoil, where possible. Natural England welcome this approach as it is a well- established and tested method of heathland restoration. However they are aware that this would only be partially successful as it would only transfer the base species i.e. heather and bilberry and not the full underlying intact soil structure. Natural England advise that this would not fully mitigate the loss of the intact dwarf shrub heath community that currently exists. Natural England is satisfied that the mire enhancement proposal set out in (section 4.4) of the Habitat Management Plan would be a suitable action.

7.100 As part of the extensive negotiation which has taken place, the applicant proposed a habitat compensation fund be set up in which the they would pay sufficient funds for either restoration of degraded mire or creation of a new mire habitat on a suitably identified site. The applicant has now identified a site that has suffered from historic overgrazing and artificial drainage resulting

in the peat becoming dried, drained or damaged, with erosion including eroding gullies, drain grips and upstanding peat hags. The proposed restoration works of this site would reduce the water flow down stream of these gullies and grips to reduce active peat losses and also restore the water table to a level closer to the surface so that the site can function as a mire. It is proposed to use techniques which include reprofiling the steep bare peat faces; covering with vegetation and blocking drainage features to reduce water flow and trap sediment.

7.101 The proposed habitat management plan and compensation fund which would be subject of a Section 106 Legal obligation are considered to be acceptable and provide an alternative solution of the loss of the SSSI. Natural England and the County Ecologist have considered the proposed mitigation measures and conclude this is an acceptable approach.

7.102 Concern has been raised with regards to the impacts the extended working of the quarry would have on the setting of Kirkby Moor SSSI. It is felt that there has already been a significant impact in the area by previous developments include the siting of wind turbines, access track and construction compound (5/96/0017); formation of track to link existing tracks on the moor (5/10/1107) and anemometer masts.

7.102 Concern was raised by Natural England on the loss of habitat, fragmentation, cumulative adverse impact and hydrological changes. Through detailed discussions with Natural England it was concluded that the impacts on the SSSI could be safeguarded by the imposition of appropriately worded conditions and a planning obligation following which Natural England withdrew their objection. There is also a requirement from Natural England that the Common Land the subject of the Dry Heath Habitat Compensation Areas is fenced off to protect the dwarf shrub and ensure satisfatctory establishment and restoration. The Commoners have agreed in principle to the requirement for fencing and which is addressed as part of the proposed legal agreement.

7.104 Other ecological concerns include the impact the proposed extension area would have on bats, peregrine falcons, breeding birds and reptiles. Survey work has concluded that whilst peregrine falcons have previously roosted in the working quarry there was no evidence that they were present during 2015 when the survey work was undertaken. It was also noted that there may be some adits in which bats may hibernate/roost and potential for common lizards to be affected during operations. It is proposed that appropriately worded conditions be imposed on the granting of any planning permission to require monitoring to be undertaken to ensure that annual surveys and mitigation measures are undertaken during the course of development.

7.105 The proposed development would have a significant impact in terms of the loss of M21/M10 mire on Kirkby Moor SSSI. However, the proposed mitigation measures identified in “Habitat Compensation Report – Kirkby Slate Quarry Extension dated September 2016” and the signing of a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to provide adequate compensation for the loss of the SSSI and mire habitat would be acceptable and meet the requirements of Natural England. Conditions are proposed to ensure birds, bats and reptiles are adequately protected during quarrying operations. It is therefore considered that subject to the applicant first entering into a legal agreement to provide and fund the

enhancement and management of an alternative wetland habitat and subject to conditions protecting the ecology of the area as part of on-going management and restoration of the site, the proposed development complies with CMWLDF policy DC10, South Lakeland District Council Core Strategy Policy CS8.4 – Biodiversity and Geodiversity, Saved South Lakeland District Council Policy C10. The proposed mitigation measures comply with NPPF paragraph 118 as adequate compensation has been provided for the loss of the SSSI.

Archaeological Impacts

7.106 Cumbria MWDF Policy DC11 (Historic Environment) states that development which would adversely affect a nationally important archaeological site monument or historic asset, whether scheduled or not, or its setting will not be permitted unless there is an over-riding reason of national importance for the development to proceed or the setting can be preserved in situ.

7.107 An assessment of archaeological and cultural heritage is included within the ES. Kirkby Moor has extensive archaeological interest/evidence due to the previous workings which have taken place on the Moor since the 17th Century. There is clear evidence of former dwellings, workings, tips, shafts, reservoirs; the former tram road which a small section still survives. Evidence shows that quarrying was certainly undertaken from the 17th Century although potentially quarrying activity could go back as far as Elizabethan time.

7.108 Initially the Moor was quarried by farmer-entrepreneurs who worked the quarry sites individually. The slate would be quarried and transported by boat across to Haverigg and Millom for onward travel. In 1843 the Earl of Burlington unified all the quarries and quarrying activities under one authority, utilising the coming of the railway to Kirkby in 1846 to provide a more effective means of transportation via the ‘Long Incline’ (the tramway) which part is still insitu today.

7.109 Kirkby Slate Quarry is of historic significance having been the subject of extraction since the 18th century and possible even earlier. The existing quarry workings have removed or affected much of the historic fabric of the quarry. However there are still some elements which exist such as small buildings and tunnels which would be required to be recorded. The main impact would be on a small unnamed 19th century quarry located within the lateral extension area. There may be a potential for disturbance and finds in the quarry and it is recommended that a photographic survey is undertaken prior to works being carried out in this unnamed quarry.

7.110 Winnow End Old Quarry was in operation from around 1720 until the latter part of the 19th century. Winnow End is located to the south west of the current working area. There is evidence on site of small building/structures and tunnel entrance. It is proposed to preserve these as part of the proposed development. Concern has been raised with regards to the infilling of the quarry as this would have a detrimental impact on the heritage access and would result in the visual loss of a prominent landscape features.

7.111 Whilst the applicant has not considered any mitigation measures for the loss of Winnow End it is considered that a condition could be imposed requiring the applicant to submit a programme of archaeological recording in accordance with a written scheme of investigation.

7.112 The proposed development does have the potential to impact on the historical workings in the area. However, subject to a condition requiring a scheme of implementation of a programme of archaeological works the development would be acceptable. The proposed development is therefore considered to comply with CMWLDF policy DC11 and South Lakeland Core Strategy policy CS8.6.

Socio Economic Assessment

7.113 The ES has been accompanied by a chapter on Socio-Economic Assessment of the application site. The assessment has considered population, health, employment, tourism and recreation.

7.114 Population/Health: Kirkby Quarry is located within the ward of Broughton-in- Furness. The ward is a rural ward. There has been a 6% decline in populations between the 2001 and 2011 census (from 2,344 to 2,205 people). The health of the population in the local area is slightly better than the regional and national average.

7.115 Employment: The 2011 census data has shown that 76.2% of the ward was of a working age, higher than the regional and national average. The economic activity within the local area is also high with double the proportion of self- employed people than the national average. There are also a high proportion of people employed in quarrying and mining in the local area, which is over seven times that than the national average.

7.116 Tourism/Recreation: Tourism in south Cumbria is mainly concentrated in the south to Barrow-in-Furness, Dalton-in-Furness and Ulverston. And to the east and north east Broughton-in-Furness and Millom. Tourist attractions include : South Lake Wild Animal Park, Dock Museum, traditional market towns etc. The application site is also in close proximity to regional and national walking and cycle routes namely National Cycle Route 70 (Walney to Wear and Whitby (W2W)), Regional Cycle Route 37 and Cumbria Coastal Way (pending inclusion of England Coastal Path).

7.117 Burlington group currently employs in the region of 150 employees of which 118 are employed at Kirkby Quarry and 32 at outlying quarries and around 220 indirect jobs; there are also a number of other jobs at the outlying quarries which equate to around 85 direct/indirect jobs. Burlington Group currently contributes approximately £2.45m in salaries per annum supporting the local employment population and economy. £100,000 is paid in business rates per annum. The operations at the quarry and associated activities currently contribute significantly to socio-economics of the area.

7.118 Burlington/Holker Group has voluntarily contributed to a number of local projects in the area including the rebuilding of Grizebeck Community Hall. Contributions have been made to other projects including Kirkby Community Centre; St Mary’s Hospice; St Cuthbert’s Church; Kirkby History Society; Broughton tower School; Kirkby Village Signs and Pennington School.

7.119 Burlington Group provides a high quality local building product from all its quarries which are used locally, county/nationwide and worldwide all of which makes a positive contribution to the local economy. It is important to note that the quarry is much specialised in its product necessitating a skilled workforce which would be difficult to replace. The continuation and extension of

operations at the site would safeguard existing employment levels and provide for investments into the quarry and industrial processes to the benefit of the local economy.

7.120 It is considered that the extension of the quarry and operation over a longer period would result in extensive local benefits to the economy and is supported by CMWLDF policy CS2 and NPPF guidance to sustaining a strong and economic economy.

Common Land

7.121 The existing working area falls within Common Land known as Kirkby Moor.

7.122 The rights of common of pasture, cutting and taking of peat and bracken (turbary) and one right to get and win slate/stone have been registered on Kirkby Moor. The applicant would have to provide Commoners with compensation land and which is the subject of a separate process to planning.

Site Restoration

7.123 The proposal includes a revised phased restoration of the site, which would see progressive restoration during each phase of the development. Phase A would see the area restored in the vicinity of Cavendish House and parts of the lower slopes of Low Lord Tip; Phase 1 would include the former tipped area to the south of the eastern boundary reservoirs Phase 2 Winnow End Quarry and parts of old Hunters Quarry; Phase 3 Birk Knott and old Hunters Quarry and Low Lord areas; Phase 4 Low Lord Area; Phase 5 remaining parts of Low Lord tip and the low lying parts of Hallstead tip area; Phase 6 including right of way, the landscape to the northwest and the core Hallstead tip area and the final restoration area would be the processing area and relevant building, stockpiling and processing areas. The restoration of these areas would be to heather moorland/acid grassland and which would reflect the habitat on Kirkby Moor.

7.124 The final restoration would see the restoration of the former working faces and creation of a waterbody in the quarry void.

7.125 The proposed contours of the restoration scheme have been designed to complement the existing contours of Kirkby Moor.

7.126 The proposed phased restoration of the site is welcomed as it shows the applicants commitment to contributing to returning the site back to usable moorland and heathland/acid grassland and would comply with CMWLDF Policy DC16.

Impact on the setting of Lake District National Park

7.127 Concerns have been raised with regards to the proposed extension area being close to the Lake District National Park Boundary and the setting of the Lake District National Park. As part of the statutory consultation process the Lake District National Park Authority were formally consulted, their comments are reproduced in section 6.4 of this report; they concluded that whilst the development would have an impact on the setting of the Lake District National Park this is an existing working quarry and the landscape has already been disturbed thereby the proposed continued working of the quarry would not

have a significant impact on the setting of the Lake District National Park and would continue to provide socio economic benefits.

Community Consultation

7.128 Extensive public consultation has taken place with the local community prior to submission of the planning application. Public exhibitions took place in June and October 2015, invitations to attend the events were sent out to the Parish Councils, statutory consultees and local residents. Attendees had the opportunity to meet the quarry manager and discuss the proposal and provide feedback.

7.129 The application has been advertised by site notice, in the local press and all nearby properties notified by letter.

Representations

7.130 Eight representations have been received objecting to the proposals for the following summarised reasons:

● Increase run off from the quarry and tip and potential of flooding of properties ● Filling of the quarry with water and the potential impacts on residential properties ● Pollution to Ghyll Beck and impacts on wildlife ● Impact on private water supply ● Impact on public footpaths in the area especially Hallstead’s tip ● Impact on SSSI ● Close proximity to boundary of the Lake District National Park

7.131 Two letters of support have been received given the continued working of the quarry provides employment and contributes to the local economy.

7.132 The matters raised in objection to the proposal are addressed as follows.

7.133 Increase run off from the quarry and tip and potential of flooding of properties: The concerns of residents of Chapels and Kirkby area have been shared with the Lead Local Flood Authority Consequently a detailed assessment has been undertaken by the applicant with regards to the potential impacts on flooding of properties in the future. It is considered that subject to conditions the proposed development would not have any increased impact.

7.134 Filling of the quarry with water and the potential impacts on residential properties: Concern has been raised with regards to the potential impacts the filling of the quarry with water could have in flooding into properties below the quarry workings. A detailed assessment has been undertaken by the applicant on the potential impact of flooding to the properties of Chapels and Kirkby. It is proposed that there would be no increase in discharge rate that is currently undertaken thereby there would be no increase in the discharge rate which is currently witnessed. The applicant has also undertaken a further detailed assessment of the impacts and it concluded that there would be no increased impact to Chapels and Kirkby. The Environment Agency and Lead Local Flood Authority raise no concerns with regards to increased flooding impacts from the filling of the quarry with water.

7.135 Pollution to Ghyll Beck and impacts on wildlife: Ghyll Beck is located north west and runs parallel with the old tram line. It originates from a spring at the bottom of Halstead Tip and runs south west towards the settlement of Chapels then onwards to the Duddon Estuary. The proposed development and operating practices would not give rise to any potential for pollution by the proposed extension in time/area. The risk of pollution from the development would be no different to the existing working practices. Natural England and the County Ecologist have confirmed that the proposed development would not have an impact on wildlife in the area.

7.136 Impact on private water supply: There are a number private water supplies in the area which are fed by a combination of seepage pipes and springs from the vicinity of Winnow End Old Quarry and water from the quarry void dewatering. The Environment Agency has confirmed that the deepening of the quarry would not have an impact on private water supplies or water courses in the area.

7.137 Impact on public footpaths in the area especially Hallstead tip: The proposed development involves the diversion of public footpath nos 530989 and 539058 and formal stopping up unclassified county road no U5097 (Old Slate Road). The diversion of footpaths is to ensure the safe passage of users away from quarry workings providing safe and convenient passage for users of the rights of way. The stopping up of unclassified road U5097 should have been undertaken as part of planning permission 5/00/9011, the stopping up on the unclassified road raises no concerns as the current line of the road is through the existing quarry workings. The diversion of the public rights of way and stopping up of the highway would allow safe passage of users on the moor.

7.138 Impact on SSSI: Concern is raised with regards to the loss of SSSI of Kirkby Moor. The loss of the SSSI has been assessed in depth by Natural England and the County Ecologist who concludes that the proposed mitigation measures proposed for the translocation of the mire and off site mitigation works would be acceptable.

7.139 Close proximity to boundary of the Lake District National Park: Burlington Slate currently operates from the site thereby there is a significant impact from the current site workings. The operations are located 1km south of the Lake District National Park Boundary. The Lake District National Park Authority have been consulted on the proposed development area and whilst they are of the opinion that the current working have a significant impact on the setting of the Lake District National Park particularly the tip areas to the west. The proposed revised phasing of the of the restoration scheme particularly in the Halstead and Low Lord Areas would not worsen the impact of the current scheme and reduce the impact of the setting of the Lake District National Park.

8.0 Human Rights

8.1 The Human Rights Act 1998 requires the County Council to take into consideration the rights of the public under the European Convention on Human Rights. Article 8 of the Convention provides that everyone has the right to respect for his private life and home save for interference which is in accordance with the law and necessary in a democratic society in the interests of, amongst other things, public safety, the economic wellbeing of the country or the protection of the rights and freedoms of others. Article 1 of Protocol 1

provides that an individual’s peaceful enjoyment of his property shall not be interfered with save as necessary in the public interest and subject to conditions provided for by law. For any interference with these rights to be justified the interference needs to be proportionate to the aims that are sought to be realised. The County Council has a duty to consider the policies of the development plan and to protect the amenities of residents as set out in those policies.

8.2 The proposal would have a limited impact on the visual, residential and environmental amenity of the area but it is considered that those impacts would be insufficient to interfere with the rights of the applicant and satisfactory controls could be imposed on the proposed development to protect the amenities of the most affected residents. The impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) would be minimal and proportionate to the wider social and economic interests of the community that would be served by the development, and the minimal impacts on local owners and residents could be satisfactorily controlled by planning conditions.

9.0 Conclusion

9.1 The proposed extension has been considered against the policies of the development, with regard to national policy and guidance, statutory consultee responses and in light of the views of those who have made representation. It is concluded that the development would have a significant impact with regards to the loss of SSSI and rare mire. However, the impacts of the continued supply of a significant natural resource which has implications of the local, national and world wide economy far outweigh the impacts of the loss of the SSSI and rare mire. The continued quarrying would see a continued supply of a significant and valuable resource which would comply with policies both nationally and locally. Mineral can only be worked where it occurs and in this case the continued supply of a local, national and internationally significant product is considered to outweigh the small loss of SSSI which could be compensated for by the habitat management plan and legal agreement to facilitate delivery.

9.2 The proposed development would consolidate the workings into one planning permission rather than the number of permissions it is currently worked under. The significant reduction of material proposed on Hallstead tip would reduce any landscape and visual impact which could occur as part of the previous planning approvals for the quarry.

9.3 Therefore, subject to the applicant first entering into a Section 106 obligation to ensure the delivery of the habitat management plan it is considered that the proposed development to extend the boundary to the quarry and life of the site and the infilling of Winnow End Quarry would be acceptable and planning permission be granted subject to the conditions set out for each of the applications in appendix 1 and 2.

Dominic Donnini Corporate Director of Economy and Highways

Contact:

Mrs Jayne Petersen MA RTPI, Kendal, Tel: 01539 713549; Email: [email protected] Background Papers:

Planning Application File Reference No. 5/16/9002 & 5/16/9003 Electoral Division Identification:

High Furness - Mr Fletcher

Appendix 1 Ref No. 5/16/9002 Development Control and Regulation Committee – 16 November 2016

Proposed Conditions

TIME LIMITS

1. This permission shall be for a limited period only expiring on 31 December 2050, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, including foundations and hardstandings shall have been removed from the site, and the site shall have been restored in accordance with the approved scheme.

Reason: To secure the proper restoration of the site in accordance with the approved period of this temporary development, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

IMPLEMENTATION OF DEVELOPMENT

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

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

3. Written notification of the date of commencement of the development shall be sent to the Minerals Planning Authority within 7 days of such commencement.

Reason: To enable the Minerals Planning Authority to monitor the development.

APPROVED OPERATIONS PROGRAMME

4. The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following: a. The submitted Application Form – dated 14 March 2016

b. Additional Information:

Geotechnical Inspection Report – Dated 18 May 2016 Flood Risk Assessment Hydrology Note Stability report proposed back way Habitat Compensation Report – Dated September 2016

c. Plans numbered and named:

Figure 1.1 – Location Plan Figure 1.2 – Site Plan Figure 1.3 – Indicative Quarry Development Plan: Existing Site Figure 1.4 – Indicative Quarry Development Plan: Phase A (Oct 2016)

Figure 1.5 – Indicative Quarry Development Plan: Phase 1 Figure 1.6 – Indicative Quarry Development Plan: Phase 2 Figure 1.7 – Indicative Quarry Development Plan: Phase 3 Figure 1.8 – Indicative Quarry Development Plan: Phase 4 Figure 1.9 – Indicative Quarry Development Plan: Phase 5 Figure 1.10 – Indicative Quarry Development Plan: Phase 6 Figure 1.11 – Indicative Quarry Development Plan: Final Restoration Figure 1.12 – Indicative Quarry Development Plan: Section A-B Figure 1.13 – Indicative Quarry Development Plan: Sections C-D Figure 1.14 – Indicative Quarry Development Plan – Sections E-F

d. The details or schemes approved in accordance with the conditions attached to this permission.

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

5. Notwithstanding the details shown on the indicative plans listed in condition 4, no development shall commence in each of the phases until such time as details for each of the working and restoration phases of the quarry and extension areas have been submitted to and approved in writing by the Mineral Planning Authority. The quarry working and restoration of each phase shall thereafter be carried out in the accordance with the approved details.

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

6. A copy of this permission and all the documents referred to in condition 4 and details approved for the purposes of the conditions to this planning permission shall be available for inspection throughout the construction phase of the development. Their existence and the content of the approved documents shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure that those operating the site are conversant with and enabled to comply with the requirements of the conditions with this permission.

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

Reason: To maintain control over additional built development upon the site in the interest of amenity.

EXTRACTION OF SLATE

8. The extraction of slate shall be restricted to the areas identified to the areas

shown in the Phasing Plan Figures 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9 and 1.10 listed in condition 4 and provided for in the details to be submitted for the purposes of each phase in condition 5.

Reason: To minimise the visual impact of the development and to safeguard the integrity of those parts of Kirkby Moor SSSI which are not required for quarrying purposes, but lie within the area covered by this permission, in accordance with Policy DC12 of the CMWDF Generic Development Control Policies.

DISPOSAL OF MINERAL WASTE

9. The disposal of mineral waste, overburden waste slurry and non-primary sawn waste shall be restricted to the those areas shown in the Phasing Plan Figures 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9 and 1.10 listed in condition 4 and shall be provided for in the details to be submitted for the purposes of each phase in condition 5.

Reason: To minimise the visual impact caused by the disposal of mineral waste by restricting the locations at which it can be disposed of, in accordance with Framework Policy DC12 of the CMWDF Generic Development Control Policies.

STORAGE OF SLATE AND SLATE PRODUCTS

10. Slate either won from the site or imported from other quarries, and any other mineral intended for sale or other disposal outside the site, shall only be stockpiled in the operation site processing and stockpiling area as shown on Figure 1.4 listed in condition 4 and shall be provided for in the details to be submitted for the purposes of each phase in condition 5. .

Reason: To minimise the visual impact of the development, in accordance with Policy DC12 of the CMWDF Generic Development Control Policies.

HOURS OF WORKING

11. No operations, including the loading or transportation of minerals, the operation of quarry plant, and the disposal of mineral waste, but excluding operations carried out within the Production Area, shall take place on site outside the hours:

07:00 to 19.00 hours Monday to Friday excluding Bank/Public Holidays 07:00 to 12.00 hours Saturday excluding Bank/Public Holidays

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

This condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery uses on site or emergency quarrying operations for reasons of safety.

Reason: To ensure that no operations hereby permitted take place outside normal

working hours which would lead to an unacceptable impact on the amenity of local residents, in accordance with Policy DC2 of the CMWDF Generic Development Control Policies.

ACCESS AND TRAFFIC

12. There shall be no vehicular access to or egress from the site other than via the approved access, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interests of highway safety, in accordance with Policy DC1 of the CMWDF Generic Development Control Policies.

13. The access road from the site the public highway shall be kept clean and maintained in a good standard of repair, free of potholes for the life of the operations hereby permitted.

Reason: In the interests of highway safety, in accordance with Policy DC1 of the CMWDF Generic Development Control Policies.

14. Measures shall be employed to ensure all vehicles leaving the site (with the exception of cars) shall not deposit slurry, mud or other material from the site on the public highway. The measures shall be employed throughout the operational life of the site.

Reason: In the interests of highway safety, in accordance with Policy DC1 of the CMWDF Generic Development Control Policies.

CONTROL OF BLASTING

15. Ground vibration as a result of blasting operations shall not exceed a peak particle velocity of 6mm per second in 95% of all blasts measured over any period of 6 months and no individual blast shall exceed a peak particle velocity in any plant of 9mm per second as measured at residential premises or other vibration sensitive properties. The measurement to be the maximum of three mutually perpendicular directions taken at the ground surface.

Reason: To safeguard the amenity of local residents, in accordance with Policy DC2 of the CMWDF Generic Development Control Policies.

16. Prior to the commencement of development a detailed blasting scheme shall be submitted to and approved in writing by the Mineral Planning Authority. The details shall include:

a) the establishment and subsequent maintenance and refinement of a regression line blast model for the site to inform blast design/charge weights to ensure that ground vibration attributable to blasting at the site does not exceed 6mms-1 with 95% confidence as measured at residential premises or other vibration sensitive property within 500m of the nearest boundary to the site and which shall be identified on a plan; b) the monitoring of all blasting episodes to improve the accuracy of the regression line blast model, including the method for accurately

establishing the distance the vibrograph is stationed from the blast and the identification of blast monitoring locations; c) a procedure for recording, investigating and responding to complaints relating to blasting whether received directly or via Cumbria County Council or South Lakeland District Council; d) in the event of a complaint, affording the Mineral Planning Authority access to the regression line blast model and associated data; e) a procedure for reporting the results of blast monitoring and any complaint investigations to the Mineral Planning Authority; f) the methods to be employed to minimise the effects of air overpressure arising from blasting, having regard to blast design, methods of initiation and the weather conditions prevailing at the time, and g) A procedure for providing advance warning of blasting events. The approved blast monitoring scheme shall be implemented in its entirety and the results shall be kept on site for inspection by the Mineral Planning Authority or his representative at all reasonable times.

Reason : To safeguard the amenity of local residents and the integrity of any buildings or structures outside the site boundary by ensuring that blasting vibration does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

17. For the purposes of Conditions 15 and 16 a vibration sensitive property shall be defined as any building or structure existing outside the site boundary where the occupants of such buildings or the integrity of such buildings or structures, are likely to be adversely affected by an increase in vibration levels.

Reason : To safeguard the amenity of local residents and the integrity of any buildings or structures outside the site boundary by ensuring that blasting vibration does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

CONTROL OF NOISE

18. All plant, equipment and machinery used in connection with the operation and maintenance of the site shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer's specification and shall be maintained in accordance with that specification at all times throughout the development.

Reason: To safeguard the amenity of local residents by ensuring that noise does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

19. Noise from approved operations at the quarry shall not exceed the background noise level measured at any noise sensitive property by more than 10dB. Notwithstanding this, noise arising from soil and overburden stripping, for a maximum of 40 days in any 12 month period, shall not exceed 70dB LAeq at any noise sensitive property.

Reason: To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site ceases prematurely, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

SCHEME AND PROGRAMME FOR REVERSING ALARMS

20. Prior to the commencement of development a scheme and programme describing the types of reversing alarms to be fitted to all mobile plant on the site shall be submitted to approved in writing by the Mineral Planning Authority. The scheme and programme shall provide for the fitting of non-audible reversing systems and include details of alternative measures that will be adopted should non-audible warning systems fail to operate or be unsuitable. Following the written approval by the Mineral Planning Authority the scheme and programme shall be implemented in its entirety on commencement of the development and the measures contained within the approved scheme shall thereafter be utilised at all times during the operational life of the site.

Reason: To safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

CONTROL OF DUST

21 Drilling equipment shall be fitted with effective dust suppression equipment and maintained in accordance with the manufacturer's instructions.

Reason: To safeguard the amenity of local residents by ensuring that dust does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

22. The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather, shall spray the access road, haul roads, working areas, plant area and stockpiling areas with water to suppress dust to prevent or minimise its migration off site so that it does not constitute a nuisance outside the site.

Reason: To safeguard the amenity of local residents by ensuring that dust does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

23. All vehicles transporting minerals of a size less than 100 mm in any dimension from the site shall be securely sheeted so as to not deposit any mineral upon the highway.

Reason: In the interests of highway safety and to safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

CONTROL OF ARTIFICAL LIGHTING

24. Any artificial lighting units installed on the site shall be designed and sited in a way as to ensure that all lighting faces into the site to minimise the level of illumination when seen from outside the site.

Reason: To safeguard the amenity of local residents by ensuring that artificial light does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

BIODIVERSTIY

25. Should any area of each of the operational phases of the site be used for nesting by peregrine falcons or any other protected bird species, the development shall comply with the guidelines issued by the RSPB for the protection and avoidance of disturbance of the nesting birds during the bird-breeding season between 1 March and 31 July inclusive unless the area has been previously checked and found clear of nesting birds and if appropriate, an exclusion zone set up around any vegetation to be protected. No work shall be undertaken within the exclusion zone until birds and any dependant young have vacated the area.

Reason: To avoid disturbance to the nesting sites of any protected bird species.

26. Bat monitoring shall be carried out in accordance with best practice methodology in the existing former mining tunnels on the Right Way face throughout the phase(s) during which works will be undertaken on the Right Way face. The results of the monitoring shall be submitted to the Mineral Planning Authority at 3 monthly intervals for the duration of works taking place. If any bat roosts are identified or become established within the former mining tunnels during the operations within the phase(s) legal compliance must be adhered to and appropriate avoidance, mitigation and/or compensatory measures taken. Notification of the presence of bats and any measures to be employed must be made in writing to the Mineral Planning Authority within 7 days of such identification.

Reason: To avoid disturbance to bats or their roosts, in accordance with Policy DC10 of Cumbria MWDF Generic Development Control Policies.

27. Annual breeding bird surveys within the quarry shall be carried out in accordance with best practice methodology and the results submitted to the Minerals Planning Authority. If any Wildlife and Countryside Act Schedule 1 species take up residence within the quarry then legal compliance must be adhered to and appropriate avoidance, mitigation and/or compensatory measures must be agreed with the Mineral Planning Authority.

Reason: To avoid disturbance to birds and breeding seasons, in accordance with Policy DC10 of Cumbria MWDF Generic Development Control Policies.

28. No development shall commence in phase 1 and phase 4 until a scheme of reptile mitigation and compensation has been submitted to and approved in

writing by the Minerals Planning Authority. The approved scheme shall thereafter be implemented in advance of the commencement of development in phase 1 and 4 of the development.

Reason: To ensure that mitigation measures are suitably in place to protect reptiles, in accordance with Policy DC10 of Cumbria MWDF Generic Development Control Policies.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

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

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or groundwater resource or adjacent land and to conform with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

30. Any chemical, oil or fuel storage containers on the site shall be sited on an impervious surface with bund walls; the bunded areas shall be capable of containing 110% of the container or containers’ total volume and shall enclose within their curtilage all fill and draw pipes, vents, gauges and sight glasses. There must be no drain through the bund floor or walls. Double skinned tanks may be used as an alternative only when the design and construction has first been approved, in writing, by the Mineral Planning Authority.

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or groundwater resource or adjacent land and to conform with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

31. No development shall commence in each phase until a Water Monitoring and Management Plan has been submitted to and approved in writing by the Mineral Planning Authority providing:

a) A written scheme of monitoring to show how there will be no degradation in the quality or quantity of water supply to either the private abstraction sources at NGR SD 2485 8453 and SD 2487 8462 or any of the springs shown on Drawing 1 and Drawing 2 Geological Map Bedrock and superficial geology with private water supplies b) How groundwater levels on Kirkby Moor will be monitored and measured c) Details of surface water drainage from areas of hard standing to be passed through an oil interceptor or series of oil interceptors, prior to being discharged into any watercourse, soakaway or surface water sewer. The interceptor(s) shall be designed and constructed to have a capacity compatible with the area being drained. Roof water, vehicle wash down and detergents shall not pass through the interceptor. d) A surface water strategy providing benefits in terms of reducing and managing flooding and water quality impacts to the downstream. The details shall include:

i. A description of what is being monitored, how it is being monitored, what will trigger action, and what that action will be; ii. A plan showing the location of monitoring point and mitigation measures such as settlement lagoons

The approved Water Monitoring and Management Plan shall thereafter be implemented in full throughout the operational, restoration and aftercare phases of the development and details of the monitoring results shall be retained on site for inspection by the Minerals Planning Authority at all reasonable times.

Reason: To safeguard water supplies, the integrity of the adjacent mires and flushes which form part of the Kirkby Moor SSSI, safeguard local watercourses and drainage and avoid the pollution of any watercourse or groundwater source in accordance with Policy DC 10, DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

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

Reason: To safeguard local watercourses and drainage and avoid the pollution of any watercourse or groundwater source, in accordance with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

33. During each phase of development all surface water run-off shall be passed through a settlement facility prior to being discharged into any watercourse, soakaway or surface water sewer. The settlement facility shall be retained and maintained for the life of quarrying operations.

Reason: To safeguard local watercourses and drainage and avoid the pollution of any watercourse or groundwater source, in accordance with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

34. No development shall commence until the design detail of the tunnel extension has been submitted to and approved in writing with the Mineral Planning Authority. The approved details shall be implemented in full prior to the commencement of mineral extraction operations in Phase 3.

Reason: To ensure flood risk is not increased within or outside the application site, in accordance with Policy DC13 of the Cumbria MWDF Generic Development Control Policies.

35. No development shall commence in Phase 3 until the details of the opening of a culvert and restoration to open watercourse, have been submitted to and approved in writing with the Mineral Planning Authority. Once approved the details shall be implemented in full prior to the commencement of restoration operations in Phase 3.

Reason: To ensure flood risk is not increased within or outside the application site, in accordance with Policy DC13 of the Cumbria MWDF Generic Development Control Policies.

36. No development shall commence place until details of the proportions of rainfall, up to the 1 in 100 year return period design event has been submitted to and approved in writing with the Mineral Planning Authority. The details shall include:

a) Being infiltrated into the fill. b) Forming run off predominately over the surface. If runoff over the surface is identified as a significant factor in increasing flows to watercourses then a scheme must be designed to mitigate for this effect so that flows in any receiving watercourse are not increased above existing flow.

The approved the details shall be implemented in full.

Reason: To ensure flood risk is not increased within or outside the application site, in accordance with Policy DC13 of the Cumbria MWDF Generic Development Control Policies.

37. No development shall commence until a waterbody flood plan has been submitted to and approved in writing with the Mineral Planning Authority. The details shall include:

a) A description of what the impact on flood risk would be in the circumstances of catastrophic failure of the tunnel extension. b) Measures that can be taken to contain and reduce any adverse impact on flood risk due to the circumstances of a catastrophic failure of the tunnel extension. c) Measures that will be taken to reduce the likelihood of a failure of the tunnel extension.

The approved the details shall be implemented in full.

Reason: To ensure flood risk is not increased within or outside the application site, in accordance with Policy DC13 of the Cumbria MWDF Generic Development Control Policies.

38. The pumped discharge rate of water out of the quarry void shall not exceed 22.5l/s. A record of pumped discharge shall be maintained by the operator and shall be kept on site and made available for inspection by the Mineral Planning Authority or his representative at all reasonable times. If groundwater is encountered then no further downward extension of the void shall take place until such time as an assessment of the consequences of the presence of groundwater has been assessed and submitted in writing to the Mineral Planning Authority for approval in writing.

Reason: To ensure flood risk is not increased within or outside the application site, in accordance with Policy DC13 of the Cumbria MWDF Generic Development Control Policies.

CARE OF FENCES

39. The operator shall maintain and make stockproof the existing fences and walls including gates across the boundary to the Back Way of the quarry throughout the period of operations until the restoration and aftercare of the site has been completed.

Reason: To protect the visual amenities of the area and to conform with Policy DC12 of the Cumbria MWDF Generic Development Control Policies.

ARCHAEOLOGY

40. No development shall commence until the surviving historic elements of Kirkby Quarry and the unnamed 19 century small quarry located within the proposed lateral extension area have been photographically recorded for archaeological purposes and until the applicant has secured the implementation of a programme of archaeological work I the lateral extension area in accordance with a written scheme of investigation which has been submitted to and approved by the Mineral Planning Authority. The approved programme shall be implemented in full.

Reason: In the interest of archaeological understanding and to conform with Policy DC12 of Cumbria MWDF Generic Development Control Policies.

41. In the event that an archaeological find or feature is discovered, no infilling operations or preparation for such operations shall take place within 10m of the find or feature for a period of 7 days from the Mineral Planning Authority receiving written notification of such a discovery, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: In the interest of archaeological understanding and to conform with Policy DC12 of Cumbria MWDF Generic Development Control Policies.

AFTERCARE AND RESTORATION

42. The site shall be progressively restored in accordance with the approved phased restoration scheme required by condition 5. As part of the final restored surface of each phase there shall be no material injurious to plant life; no wire rope, cable, or other similar unnatural manmade objects; and the slopes of the restored areas shall be graded to a reasonable level but un-compacted surface that will enable the land to be brought to a standard reasonably fit for its restored use as upland moorland.

Reason: To secure the proper restoration of the land and to allow its return to as high a quality as possible.

43. At least once each year during the five year aftercare period for each phase there shall be a formal review, under the provisions of Section 72(5) of the Town and Country Planning Act 1990, to consider the measures which have taken place on each restored phase in the previous year after year 1 and to agree a programme of management for the coming year which shall be carried out by the operator. The parties to attend the review meetings shall include the mineral operator and

the Mineral Planning Authority and other any other relevant specialist advisors considered necessary by either party. At least 2 weeks before the date of each review the operator shall provide the Mineral Planning Authority with a record of the management and operations carried out on each phase during the period covered by the review and a proposed programme of management for the coming year.

Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible.

CESSATION OF OPERATIONS

44. In the event that mineral working permanently ceases, as defined by this permission, and such period to have been confirmed in writing to the Mineral Planning Authority within 28 days of the commencement of such period or such period as identified by the Mineral Planning Authority and advised in writing to the applicant, prior to the full implementation of the approved scheme, a revised scheme to include details of the restoration, aftercare and timescale for the completion of the restoration works, shall be submitted to the Mineral Planning Authority, within 3 months of the cessation of working for approval. The site shall thereafter be fully restored and aftercare carried out in accordance with the approved scheme.

Reason: To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site ceases prematurely, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

45. In the event that mineral extraction is temporarily suspended for a period exceeding one year, the commencement of such period having been first confirmed in writing by the applicant to the Mineral Planning Authority or as identified by the Mineral Planning Authority and confirmed in writing to the applicant, then within 14 months from the identified time of suspension of mineral extraction an interim restoration scheme and timetable for its completion shall be submitted in writing for approval by the Mineral Planning Authority. The interim restoration scheme shall then be implemented in its entirety within a further 12 months from the date of approval.

Reason: To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site temporarily cease, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

46. If the operations hereby permitted are suspended for a period of 4 weeks or more, the operator shall give written notification to the Mineral Planning Authority of the date upon which the operations were suspended. Written notification shall also be given to the Mineral Planning Authority within 7 days of the resumption of operations following a temporary suspension.

Reason: To ensure that the Local Planning Authority is made aware of the suspension of operations at the site, for monitoring purposes and to enable compliance with Conditions 49 and 50.

Definitions

HGV: A vehicle of more than 7.5 tonnes gross weight.

Cessation of mining operations: no mining operations having been carried out for a continuous period of 2 years.

Completion of Restoration: The date when the County Planning Authority certifies in writing that the works of restoration have been completed satisfactorily.

Date of Commencement: The date that the applicant confirms the commencement of the development in accordance with Condition 3 to this permission

Informative

1. The grant of planning permission does not entitle a developer to obstruct a right of way and any proposed stopping - up or diversion of a right of way should be the subject of an Order under the appropriate Act. Footpath nos. 539057 and 539058 and ‘The Old Slate Road’ – U5097 are affected by the proposal.

2. The grant of planning permission does not remove the need to obtain the relevant statutory consents/licences from the Environment Agency.

Appendix 2 Ref No. 5/16/9003 Development Control and Regulation Committee – 16 November 2016

Proposed Conditions

TIME LIMITS

1. This permission shall be for a limited period only expiring on 31 December 2050, by which date the operations hereby permitted shall have ceased, all plant and machinery and any hardstandings shall have been removed from the site, and the site shall have been restored in accordance with the approved scheme.

Reason: To secure the proper restoration of the site in accordance with the approved period of this temporary development, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

IMPLEMENTATION OF DEVELOPMENT

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

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

3. Written notification of the date of commencement of the development shall be sent to the Minerals Planning Authority within 7 days of such commencement.

Reason: To enable the Minerals Planning Authority to monitor the development.

APPROVED OPERATIONS PROGRAMME

4. The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following: a) The submitted Application Form – dated 14 March 2016

b) Additional Information:

Geotechnical Inspection Report – Dated 18 May 2016 Flood Risk Assessment Hydrology Note Stability report proposed back way Habitat Compensation Report – Dated September 2016

c) Plans numbered and named:

Figure 1.1 – Location Plan Figure 1.2 – Site Plan Figure 1.3 – Indicative Quarry Development Plan: Existing Site Figure 1.4 – Indicative Quarry Development Plan: Phase A (Oct 2016)

Figure 1.5 – Indicative Quarry Development Plan: Phase 1 Figure 1.6 – Indicative Quarry Development Plan: Phase 2 Figure 1.7 – Indicative Quarry Development Plan: Phase 3 Figure 1.8 – Indicative Quarry Development Plan: Phase 4 Figure 1.9 – Indicative Quarry Development Plan: Phase 5 Figure 1.10 – Indicative Quarry Development Plan: Phase 6 Figure 1.11 – Indicative Quarry Development Plan: Final Restoration Figure 1.12 – Indicative Quarry Development Plan: Section A-B Figure 1.13 – Indicative Quarry Development Plan: Sections C-D Figure 1.14 – Indicative Quarry Development Plan – Sections E-F

d) The details or schemes approved in accordance with the conditions attached to this permission

5. Notwithstanding the details shown on the indicative plans listed in condition 4, no development shall commence in Winnow End Quarry until such time as details for the working, restoration and aftercare of the infilling of the quarry have been submitted to and approved in writing with the Mineral Planning Authority. The working and restoration of the workings shall thereafter be carried out in accordance with the approve details.

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

ORIGIN OF WASTE TO BE TIPPED

6. Only quarry waste arising from quarrying operations associated with planning permission 5/16/9002 shall be deposited in the former quarry. Once deposited it shall be shall be the final place of deposit for the quarry waste and no waste shall be removed from the site.

Reason: For the avoidance of doubt and protect the amenities of the area and on the landscape and visual appearance of the area, to conform with Policy DC2 and DC12 of the Cumbria MWLDF Generic Development Control Policies.

7. A copy of this permission and all the documents referred to in condition 3 and details approved for the purposes of the conditions to this planning permission shall be available for inspection throughout the infilling of the former Winnow End Quarry. Their existence and the content of the approved documents shall be made known to all operatives likely to be affected by matters covered by them.

Reason : To ensure that those operating the site are conversant with and enabled to comply with the requirements of the conditions with this permission.

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

or on any ancillary mining land.

Reason : To maintain control over additional built development upon the site in the interest of amenity.

HOURS OF WORKING

9. No operations involving the deposit of materials in the former Winnow End quarry, shall take place on site outside the hours:

07:00 to 19.00 hours Monday to Friday excluding Bank/Public Holidays 07:00 to 13.00 hours Saturday excluding Bank/Public Holidays

No operations of quarry plant or loading or transportation of waste materials shall take place on Sundays or on Bank/Public Holidays.

This condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site or emergency quarrying/infilling operations for reasons of safety.

Reason : To ensure that no operations hereby permitted take place outside normal working hours which would lead to an unacceptable impact on the amenity of local residents, in accordance with Policy DC2 of the CMWDF Generic Development Control Policies.

ACCESS AND TRAFFIC

10. Notwithstanding the details shown on Figure 1.4 – Indicative Quarry Development Plan: Phase A (Oct 2016), no waste quarry materials shall be deposited in Winnow End Quarry until details of the alignment, construction method and surfacing of the track and any screen bunding between Burlington Quarry and Winnow End Quarry have been submitted to and approved in writing by the Mineral Planning Authority. The approved details shall thereafter be implemented in full throughout the operational, restoration and aftercare of the site unless otherwise approved in writing by the Mineral Planning Authority.

Reason : In order to ensure the access track is constructed to ensure that landscape and visual impacts are kept to a minimum and to conform with Policy DC12 of the Cumbria MWDF Generic Development Control Policies.

CONTROL OF NOISE

11. All plant, equipment and machinery used in connection with the operation and maintenance of the site shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer's specification and shall be maintained in accordance with that specification at all times throughout the development.

Reason : To safeguard the amenity of local residents by ensuring that noise does not cause a nuisance outside the boundaries of the site, in

accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

12. Noise from approved operations at the quarry shall not exceed the background noise level measured at any noise sensitive property by more than 10dB. Notwithstanding this, noise arising from soil and overburden stripping, for a maximum of 40 days in any 12 month period, shall not exceed 70dB LAeq at any noise sensitive property;

Reason: To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site ceases prematurely, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

SCHEME AND PROGRAMME FOR REVERSING ALARMS

13. Prior to the commencement of development no landfilling operations shall take place until a scheme and programme describing the types of reversing alarms to be fitted to mobile plant on the site has been submitted to the Mineral Planning Authority for approval in writing. The scheme and programme shall provide for the fitting of non-audible reversing systems and include details of alternative measures that will be adopted should non-audible warning systems fail to operate or be unsuitable. Following the written approval by the Mineral Planning Authority the scheme and programme shall be implemented in its entirety on commencement of the development and the measures contained within the approved scheme shall thereafter be utilised at all times during the development.

Reason: To safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policy DC2 of Cumbria MWLDF Generic Development Control Policies.

CONTROL OF DUST

14. The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather, shall spray the access road, haul roads, working areas, plant area and stockpiling areas with water to suppress dust to prevent or minimise its migration off site so that it does not constitute a nuisance outside the site.

Reason: To safeguard the amenity of local residents by ensuring that dust does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

CONTROL OF ARTIFICAL LIGHTING

15. Any artificial lighting units installed on the site shall be designed and sited in a way as to ensure that all lighting faces into the site to minimise the level of illumination when seen from outside the site.

Reason: To safeguard the amenity of local residents by ensuring that artificial

light does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC 2 of the Cumbria MWDF Generic Development Control Policies.

PROTECTION OF BIRDS

16. Should any area of the site be used for nesting by peregrine falcons or any other protected bird species, the development shall comply with the guidelines issued by the RSPB for the protection and avoidance of disturbance of the nesting birds during the bird-breeding season between 1 March and 31 July inclusive unless the area has been previously checked and found clear of nesting birds and if appropriate, an exclusion zone set up around any vegetation to be protected. No work shall be undertaken within the exclusion zone until birds and any dependant young have vacated the area.

Reason: To avoid disturbance to the nesting sites of any protected bird species.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

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

Reason: To safeguard local watercourses and drainages and avoid the pollution of any watercourse or groundwater resource or adjacent land and to conform with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

18. Any chemical, oil or fuel storage containers on the site shall be sited on an impervious surface with bund walls; the bunded areas shall be capable of containing 110% of the container or containers’ total volume and shall enclose within their curtilage all fill and draw pipes, vents, gauges and sight glasses. There must be no drain through the bund floor or walls. Double skinned tanks may be used as an alternative only when the design and construction has first been approved, in writing, by the Mineral Planning Authority.

Reason : To safeguard local watercourses and drainages and avoid the pollution of any watercourse or groundwater resource or adjacent land and to conform with Policies DC13 and 14 of the Cumbria MWDF Generic Development Control Policies.

ARCHAEOLOGY

19. No development shall commence within the site until the applicant has secured the implementation of a programme of archaeological photographic work and recording in accordance with a written scheme of investigation which has been submitted to and approved by the Mineral Planning Authority. The approved programme shall be implemented in full.

Reason: To afford reasonable opportunity for an examination to be made to determine the existence of any remains of archaeological interest within the site and for the examination or recording of such remains and to

conform with PolicyDC11 of the Cumbria MWDF Generic Development Control Policies.

RESTORATION AND AFTERCARE

21. The site shall be progressively restored in accordance with the approved phased restoration schemes required by condition 5. As part of the final restored surface of each phase there shall be no material injurious to plant life; no wire rope, cable, or other similar unnatural manmade objects; and the slopes of the restored areas shall be graded to a reasonable level but un-compacted surface that will enable the land to be brought to a standard reasonably fit for its restored use as upland moorland.

Reason: To secure the proper restoration of the site and to conform with Policy DC 16 of Cumbria MWLDF Generic Development Control Policies.

22. At least once each year during the five year aftercare period for each phase there shall be a formal review, under the provisions of Section 72(5) of the Town and Country Planning Act 1990, to consider the measures which have taken place on each restored phase in the previous year after year 1 and to agree a programme of management for the coming year which shall be carried out by the operator. The parties to attend the review meetings shall include the mineral operator and the Mineral Planning Authority and other any other relevant specialist advisors considered necessary by either party. At least 2 weeks before the date of each review the operator shall provide the Mineral Planning Authority with a record of the management and operations carried out on each phase during the period covered by the review and a proposed programme of management for the coming year.

Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible.

CESSATION OF OPERATIONS

23. In the event that the tipping of quarry waste materials permanently ceases, as defined by this permission, and such period to have been confirmed in writing to the Mineral Planning Authority within 28 days of the commencement of such period or such period as identified by the Mineral Planning Authority and advised in writing to the applicant, prior to the full implementation of the approved scheme, a revised scheme to include details of the restoration, aftercare and timescale for the completion of the restoration works, shall be submitted to the Mineral Planning Authority, within 3 months of the cessation of working for approval. The site shall thereafter be fully restored and aftercare carried out in accordance with the approved scheme

Reason : To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site ceases prematurely, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

24. In the event that tipping of quarry waste materials is temporarily suspended for a

period exceeding one year, the commencement of such period having been first confirmed in writing by the applicant to the Mineral Planning Authority or as identified by the Mineral Planning Authority and confirmed in writing to the applicant, then within 14 months from the identified time of suspension of mineral extraction an interim restoration scheme and timetable for its completion shall be submitted in writing for approval by the Mineral Planning Authority. The interim restoration scheme shall then be implemented in its entirety within a further 12 months from the date of approval.

Reason: To ensure that the development is carried out to an appropriate standard and to secure the proper restoration of the site should quarrying at the site temporarily cease, in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

25. If the tipping of quarry waste materials operations hereby permitted is suspended for a period of 4 weeks or more, the operator shall give written notification to the Mineral Planning Authority of the date upon which the operations were suspended. Written notification shall also be given to the Mineral Planning Authority within 7 days of the resumption of operations following a temporary suspension.

Reason: To ensure that the Local Planning Authority is made aware of the suspension of operations at the site, for monitoring purposes and to enable compliance with Conditions 21 and 22.

Definitions

Cessation of operations in infill area: no infilling operations having been carried out for a continuous period of 2 years.

Completion of Restoration: The date when the County Planning Authority certifies in writing that the works of restoration have been completed satisfactorily.

Informative: the proposed infilling associated with this development will require an Environmental Permit under the Environmental Permitting Regulations 2010, from the Environment Agency, unless an exemption applies. The applicant is advised to contact the Environment Agency. For further advice and to discuss the issues likely to be raised.