F

DEVELOPMENT CONTROL AND REGULATORY BOARD

17TH DECEMBER 2009

REPORT OF THE ACTING DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

PART A – SUMMARY REPORT

APP. NO. & DATE: 2009/0646/03 (2009/C062/03) – 6th May 2009

PROPOSAL: Variation of Condition 2 of Planning Permission 1996/0467/03 to extend period of time to enable infilling and restoration to be completed in accordance with approved details.

LOCATION: Slip Inn Quarry, Road,

APPLICANT: CEMEX UK Materials Ltd.

MAIN ISSUES: Timescale of restoration of sand and gravel quarry

RECOMMENDATION: PERMIT subject to the conditions listed in Appendix 1.

Circulation Under Local Issues Alert Procedure

Mr. W. Liquorish JP, CC

Officer to Contact

Georg Urban (Tel. 0116 305 6756) Email: [email protected]

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PART B – MAIN REPORT

Site Location and Planning History

1. Slip Inn Quarry is located to the west of the A426 Leicester to Lutterworth Road, approximately 1.2km south of Dunton Bassett and 0.8-1.6km north east of Ashby Parva. A narrow rural lane known as Dunton Lane, which connects Dunton Bassett and Ashby Parva, runs to the west of the quarry. The site is accessed via a purpose-built access off the A426. Bridleway W103 crosses the eastern part of the quarry in a north-south direction.

2. Planning permission for sand and gravel extraction at Slip Inn Quarry was first granted in April 1980 under reference 1979/0057/03. The area of the 1979 permission contains the plant site, stockyard and settling lagoons which have been used in the processing of all the mineral won at the site. It also includes the site offices and the site access onto the A426 Leicester to Lutterworth Road. All mineral extraction areas within the 1979 permission area have been completely worked out and restored. The stock yard and processing plant were retained and used to process mineral won from subsequent extensions to the quarry.

3. In November 1990 planning permission was granted under reference 1990/0873/03 for a western extension to the quarry. This area has now also been worked out and restored, with the exception of the haul road leading to the more recently permitted extraction areas. The haul road is still in use and would be restored following the completion of mineral extraction and reclamation works in the western parts of the quarry.

4. In February 1997 planning permission reference 1996/0467/03 (“the 1996 permission”) was granted, again extending the site further to the west. The area covered by the 1996 permission was worked in 7 phases. Phases 1 to 3 have now been fully restored to grassland. Phases 4 and 5 have been partly backfilled with inert material to enable their restoration to original levels in accordance with the previously approved restoration scheme for the 1996 permission area. All mineral has been extracted from Phases 6 and 7, which are currently awaiting backfilling. Mineral extraction in these phases ceased in the spring of 2004, and the processing plant was dismantled in 2009.

5. In October 2004, planning permission 2004/0269/03 was granted for further sand and gravel extraction and to modify the existing restoration scheme. This permission relates to the extraction of a total of 756,000 tonnes of sand and gravel from two fields to the west and south of the area covered by the 1996 permission. Extraction operations would be carried out in two phases, referred to as Phases 8 and 9. The applicant company estimated that these additional reserves would take six years to extract, based on the quarry’s previous production rate of 120,000 tonnes per annum.

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6. Under the working scheme approved under planning permission 2004/0269/03, soils and overburden stripped from Phase 8 would be used together with dry silt from the existing lagoons and imported inert material to restore the previously extracted areas in Phases 4 to 7. These areas would then be restored to agricultural land. The 2004 permission is subject to a condition which requires the progressive restoration of earlier extraction areas, and does not allow operations (including soil stripping) in Phase 9 to commence until all mineral has been extracted from Phase 8 and the earlier 1990 permission area (excluding the line of the haul road crossing this area) and Phases 4 and 7 of the 1996 permission area have been restored to the satisfaction of the Director of Community Services. Following the completion of extraction operations in Phase 9, the remainder of the quarry would be restored in accordance with an amended restoration scheme which includes the restoration of the 1996 permission area at slightly lower levels than the originally permitted scheme.

7. In September 2009, the site operator, CEMEX UK Materials Limited, advised the County Council that soil stripping had now commenced in Phase 8 and that planning permission 2004/0269/03 has been implemented.

Description of Proposal

8. Condition 2 of planning permission 1996/0467/03 limits the life of the permission to 12 years from the date of commencement, by which time mineral extraction and tipping operations shall have ceased and the site restored in accordance with the other conditions attached to the permission. Correspondence with the site operator indicates that soil stripping in Phase 1 of the 1996 permission commenced on 24 th June 1997. Permission 1996/0467/07 was therefore limited to 24 th June 2009.

9. At the time of mineral extraction in Phases 6 and 7 of the 1996 permission area it became apparent that the amount of mineral to be worked in these phases was smaller, and its quality lower, than anticipated. As a result, mineral extraction works progressed much faster than expected at the time the phasing of the site was agreed. In addition, market conditions and the promotion of recycling and landfill taxes in recent years have meant that very little inert material was available for landfilling.

10. Whilst the 1996 permission area has been partly reclaimed, the import of inert waste has reduced significantly in the last 2-3 years. This has affected the timetable of reclamation. CEMEX estimates that there is still a shortfall of about 450,000 tonnes of material which is required to restore the site to approved levels. CEMEX is therefore applying for an extension of time by an additional 8 years, to enable infilling to continue and to complete the restoration of the part of Slip Inn Quarry covered by planning permission 1996/0476/03.

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Vehicle movements

11. CEMEX estimates that there would be an average of 26 vehicle movements per day related to the importation of 75,000 tonnes per annum of waste material, based on 270 operational days per year and the use of 20 tonne HGVs. This would be in addition to any vehicle movements associated with the recently resumed mineral extraction operations.

Hours of operation

12. The hours of operation permitted by planning permissions 1996/0467/03 and 2004/0269/03 are 0700 to 1800 hours Monday to Friday and 0700 to 1400 hours on Saturdays. No operations at all are permitted to take place on Sundays, Bank Holidays or Public Holidays. No changes are proposed to the permitted hours as part of this planning application.

Planning Policy

National Guidance

13. The Development Plan in this instance comprises the Regional Plan, the “Core Strategy and Development Control Policies” Development Plan Document of the Minerals Development Framework, the “Core Strategy and Development Control Policies” Development Plan Document of the Leicestershire Waste Development Framework, and the Local Plan. In addition, selected policies from the Leicestershire Minerals Local Plan and the Leicestershire, Leicester and Rutland Waste Local Plan were saved by direction of the Secretary of State and have not been superseded by policies in the Minerals and Waste Core Strategies.

East Midlands Regional Plan

14. The current Regional Spatial Strategy for the East Midlands was published in March 2009 as the East Midlands Regional Plan . It provides a broad development strategy for the East Midlands up to 2026, setting out the regional guidance for development in the East Midlands and applying the general principles for sustainable development which are contained in national guidance. A partial review of the plan was launched in June 2009, which focuses on housing provision in the region during the plan period and beyond.

15. The Regional Core Objectives set out in the Plan include the protection and enhancement of the environment by reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed.

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Local Policies

Minerals Development Framework

16. Policy MCS10 aims to reduce the demand for primary minerals by encouraging the use of mineral waste and construction and demolition waste before primary minerals and by supporting recycling initiatives. Policy MCS11 states that the strategy for environmental protection is to protect and enhance the natural and built environment of Leicestershire by ensuring that there are no unacceptable adverse impacts from mineral developments on (amongst others) natural resources and the character and quality of the landscape. Policy MCS17 states that the strategy for the reclamation and future use of mineral sites is to ensure that land is reclaimed at the earliest opportunity and that high-quality restoration and aftercare takes place to an appropriate afteruse.

17. Policy MDC5 presumes against minerals development in the countryside which will adversely affect the general appearance and character of the landscape and the countryside, unless it can be demonstrated that there is an overriding need for the development. Policy MDC20 states that planning permission for minerals development will not be granted unless satisfactory provision has been made for the reclamation and after-use of the site.

Waste Development Framework

18. Policy WCS1 sets out the strategy for waste management capacity, which is to provide sufficient capacity to manage the equivalent of the waste arising in the framework area. Policy WCS10 sets out the strategy for environmental protection, which aims to protect the natural and built environment by ensuring that no unacceptable impacts arise from development.

Harborough District Local Plan

19. Policy EV/5 presumes against development in the countryside unless the development is likely to sustain or improve the local economy, does not adversely affect the character and appearance of the countryside, the amenities of residents in the area, or any areas of ecological or archaeological significance, and sufficient capacity is available on the local road network.

Consultations

Harborough District Council (Planning)

20. Harborough District Council feels that the applicant should be tied to a quicker restoration programme and, at the present time, objects to an extension of time by 8 years for infilling (plus one year for restoration).

21. The District Council has concerns over an effective 9 year extension to site restoration works, which is judged to be overly generous without sound evidence from the applicant that all efforts have been made to arrange completion of

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restoration at an earlier date. There is limited evidence that the proposed infilling/site restoration will in fact be completed in 9 years’ time, and based upon past performance it is reasonable to suspect that it will actually take many years longer unless a firm position is now taken.

22. The applicant has submitted no evidence that they cannot achieve a speedier programme by offering more competitive prices for companies looking to dispose of their waste, thereby increasing demand and the estimated infill quota beyond 56,000-75,000 tpa.

23. The District Council points out that the applicant would wish to achieve the best price per tonne for waste being deposited at the site. Given that prices are currently suppressed by market conditions it would make financial sense to delay/limit the pace of infilling until prices pick up again. For this reason the District Council is concerned about the risk that infilling operations may take longer than the proposed 8 years.

Harborough District Council (Environmental Health Officer)

24. No response received.

Dunton Bassett Parish Council

25. Have no comment or opposition to the proposal.

Ashby Parva Parish Meeting

26. No response received.

Environment Agency

27. No objection.

Highway Authority

28. The proposal seeks an 8 year extension to the original 12 year permission. The proposed 75,000 tpa would give rise to approximately 26 HGV movements a day over 7.25 years - this is significantly less than that which could have been generated under the existing permission. Whilst the Highway Authority would prefer the void to filled in a shorter timescale, the proposals are on balance, considered acceptable from a highway point of view.

Publicity

29. The proposal was advertised by site notices posted at the site entrance and along the bridleway crossing the site. A public notice also appeared in the Harborough Mail on 11 th June 2009 and in the Harborough Citizen on 16 th June 2009. In addition, five individual properties in the vicinity of the site were notified by letter. No representations were received.

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Assessment of Proposal

30. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires every planning application to be determined in accordance with the development plan unless material considerations indicate otherwise.

Policy Considerations

31. The main policy applicable in this instance is Policy MCS17 of the “Core Strategy and Development Control Policies” Development Plan Document of the Minerals Development Framework, which supports the reclamation of minerals sites at the earliest opportunity, with high-quality restoration and an afteruse of an appropriate nature.

32. The impact of mineral extraction at Slip Inn Quarry was assessed during the determination of the previous mineral extraction permissions, and the restoration of the site to approved levels would ensure that the impact on the character and quality of the landscape is minimised, and that the nature of the impact would be acceptable in planning and environmental terms. The applicant requests an extension of time to continue infilling and to achieve the approved restoration contours. Refusal of planning permission would result in a situation where the site has to be restored to much lower ground levels and a different landform than approved. The County Council’s landscape architect advises that such a reclamation would not be appropriate. Permitting an extension of time for the infilling would therefore be in accordance with MDF Policies MCS11 and MCS17.

33. With regard to minerals development in the countryside, MDF Policy MDC5 presumes against minerals development in the countryside which will adversely affect the general appearance and character of the landscape and the countryside. Whilst this proposal does not relate to new minerals development, it is considered that achieving the approved restoration and afteruse would be more beneficial than a situation where the reclamation of the site is completed at an earlier time, but at the cost of having to implement a different and less suitable restoration scheme. Granting an extension of time for the completion of restoration would therefore be in accordance with Policy MDC5.

34. The amount of suitable fill material available has reduced in recent years, as inert waste recycling has increased in line with MDF Policy MCS10 and previous Minerals Local Plan policy which promote the recycling and re-use of inert waste. In addition, the recent economic downturn has resulted in a considerable reduction in the number of construction projects, which in turn has reduced the availability of inert waste further.

35. The restoration of the remaining voidspace in the 1996 permission area to approved restoration levels would require the importation of approximately 450,000 tonnes of inert waste material, followed by the replacement of soils. CEMEX advises that the importation of waste has fluctuated over the last two years, but states that when the site was operated by a waste operator it received

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an average of 75,000 tpa of inert waste. The company considers that this level of infilling could be achieved again. The PPC permit for the site has an importation limit of 200,000 tpa which would not be exceeded. CEMEX therefore anticipates, using historic figures and discussions with prospective waste operators, that the site could attract an inert waste stream of between 56,000 and 75,000 tpa.

36. Based on the above anticipated rates of waste importation and a voidspace of approximately 450,000 tonnes, the applicant estimates that infilling would take between 6 and 8 years to complete restoration. It is proposed that all waste would be imported within the 8 years with soil handling, seeding and planting being undertaken within an additional year to complete restoration. A soil audit carried out at Slip Inn Quarry in September 2008 indicates that sufficient soil resources available on site for the restoration of the 1996 permission area.

37. CEMEX advise that it is intended to complete infilling within Phase 7 of the quarry and achieve approved restoration levels as soon as possible. The company would then continue to work the site with a view to complete the final restoration of the site when all operations in other parts of Slip Inn Quarry have ceased and the plant site and silt lagoons are no longer required. The company would be required to adhere to the approved phasing of mineral extraction and restoration works set out in the 2004 permission.

38. The amended outline restoration scheme approved under planning permission 2004/0269/03 would form an acceptable basis for the restoration and afteruse of the site, subject to the approval of a detailed scheme of restoration and afteruse. This proposed a restoration to slightly lower levels, leading to amended contours specifically in the part of the site covered by the 1996 permission. It is felt that further reduction of these restoration levels would result in a less satisfactory restoration of the site.

39. The area currently under restoration and to which the application relates is not visible from the bridleway, from public roads or from nearby residential properties. Consequently there are no landscape objections or observations in respect of this proposal, subject to the site being restored to the previously approved contours.

40. Harborough District Council objects on the basis that a 9 year extension to site restoration works would be overly generous, and points out that the applicant has submitted no evidence that all efforts have been made to complete the restoration of the site at an earlier date.

41. Whilst the District Council’s concerns are noted, it is considered that completing the restoration of the site in less than the requested timescale may be difficult given the current and ongoing scarcity of suitable waste materials. The County Council has therefore requested CEMEX to justify the predicted waste input rates.

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42. In this respect the company advises that it intends to seek a specialist waste disposal contractor who would manage the landfill activities at Slip Inn Quarry. It is proposed to source suitable inert materials from new and existing construction and civil engineering developments, in addition to other mixed wastes comprising brick, concrete rubble with soils and clays and other wastes. The target market area for waste arisings would include Leicester, Hinckley, Lutterworth, Market Harborough, Rugby, Coventry and north Northamptonshire. Furthermore, the company is bidding for a major road works contract in Warwickshire, relating to junction upgrading at the A46/M40 junction at Longbridge. These works would require the disposal of about 300,000m 3 of waste and excavation materials, consisting predominantly of clay. Should this contract be awarded to CEMEX, the company intends to use three of its landfill sites, including Slip Inn Quarry, to dispose of the material. It would not be possible to direct all of the material from the A46/M40 works to Slip Inn Quarry due to Environmental Permit restrictions and the environmental impact of road transport.

43. CEMEX consider that waste importation operations would not result in an increase in the number of vehicle movements to Slip Inn Quarry over and above previous levels when the quarry and landfill were fully operational. A concrete batching plant (which was operated by Lafarge) was removed from the site in the summer of 2008, with a corresponding reduction in vehicle traffic. It is estimated that the importation of 75,000tpa of waste would give rise to an average of 26 vehicle movements per day, based on 270 working days per year and the use of HGVs with a payload of 20 tonnes. The Highway Authority raises no objection to the proposed level of HGV movements, which is considered acceptable from a highways point of view.

44. In order to ensure that the reclamation of the site progresses in a way which enables the site to be restored within the requested timescale, the progress of infilling would be monitored on an annual basis and a programme of infilling to cover the following 12 months would be submitted to the Minerals Planning Authority. If the review of restoration progress indicates a delay in the restoration of the site which would prejudice the completion of reclamation works in accordance with the previously set timetable, the operator would be required to cease the extraction and export of mineral temporarily and concentrate operations on the restoration of the site until the MPA is satisfied that the delay has been addressed sufficiently.

Conclusion

45. In conclusion, it is considered that the proposed development does not conflict with either national planning policy, or the Development Plan. The completion of site reclamation in accordance with an approved scheme of restoration requires the importation of considerable quantities of waste.

46. The proposal would have no significant visual impacts, as the 1996 permission area which contains the void which is to be restored cannot be seen from public highways or nearby residential properties. No change in the impact on the environment would arise from the proposal, as it relates to a change in timescale for the implementation of a previously approved restoration scheme rather than a change in operations.

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47. The main judgement which the Minerals and Waste Planning Authority has to make is whether a further extension to the restoration timescale of the site can be justified. The opportunity to achieve a speedier restoration of the site using less infill material has to be balanced against the requirement to achieve a successful restoration, which is acceptable in landscape and ecology terms and would be in accordance with the approved scheme of reclamation and aftercare.

48. Whilst it would be desirable to restore the quarry in a shorter timescale than that applied for, current economic conditions have led to a general shortage in inert waste material for the restoration of Slip Inn Quarry and other similar mineral sites. An immediate completion of the reclamation of the site would require the site to be restored to low levels including water bodies. Advice from the County Council’s landscape architect confirms that such a restoration scheme would not be desirable. On balance, it is therefore considered that permission should be granted for an extension of time by 8 years for the restoration of the part of Slip Inn Quarry covered by planning permission 1996/0467/03, so that the approved scheme of site reclamation can be achieved.

49. Consequently it is recommended that the proposed development be permitted subject to the imposition of conditions set out below.

Recommendation

1. PERMIT subject to the conditions as set out in the appendix.

2. To endorse, as required by the Town and Country Planning (General Development Procedure) Order 1995 (as amended), a summary of the:

a. Policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant development plan policies, including the following, and those referred to under the specific conditions as set out in the appendix:-

Leicestershire Minerals Development Framework Policies MCS10, MCS11, MCS17, MDC5 & MDC20

Leicestershire & Leicester Waste Development Framework Policies WCS1 & WCS10

Harborough District Local Plan Policy EV/5

b. Reasons for the grant of planning permission, as set out in Conclusion above.

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APPENDIX

Conditions

1. Infilling operations shall have ceased and the site shall be restored in accordance with the other conditions attached to this permission (but excluding aftercare) no later than by 30 th June 2017.

2. Unless otherwise agreed in writing by the County Planning Authority, the restoration of the application site shall be carried out in all respects in accordance with the indicative restoration plan (drawing no. SL2/8 – “Concept Restoration” ) submitted with planning application 2004/0269/03 and the detailed scheme of final restoration submitted pursuant to Condition 3 below as approved by the Director of Community Services or his successor in title.

3. Prior to the commencement of soil stripping in Phase 9 of the area of the quarry covered by planning permission 2004/0269/03 or within three years from the date of this permission (whichever is the earlier), a detailed scheme of final restoration and landscaping of the site shall be submitted to the Director of Community Services or his successor in title for approval. The submitted scheme shall be based on the Concept Restoration scheme shown on drawing no. SL2/8 – “Concept Restoration” ) submitted with planning application 2004/0269/03. The submitted scheme shall provide for:

• the removal of all buildings and plant from the site and the restoration of the stockyard, • the planting of trees, shrubs and hedges to compensate for those removed during mineral working, along with grass seeding, • the creation of an element of pasture land of a size equal to or greater than that lost as a result of the development; • the creation of amphibian mitigation ponds and • the restoration of silt lagoons to agricultural land and natural wetland habitats.

4. Not later than 2 years from the date of this permission, and then on an annual basis, the operator shall submit written confirmation (including plans) of the progress of the infilling and reinstatement over the previous 12 months and a programme of proposed restoration during the next 12 months for the consideration of the Director of Community Services or his successor in title.

5. Notwithstanding the requirement of Condition no. 4 above, the progress of infilling and reclamation shall be the subject of an annual review between the operator and the Director of Community Services or his successor in title or his representative. The meeting shall take place on the site on a date arranged by the operator and confirmed in writing to the Director of Community Services or his successor in title not later than 2 weeks prior to the meeting. In the event that, in the opinion of the Director of Community Services or his successor in title, the information submitted pursuant to Condition 4 above indicates that the reclamation of the site will be subject to a delay which would prejudice the

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completion of restoration within the timescale set by Condition 1 above, the extraction and export of mineral from Slip Inn Quarry shall be suspended temporarily until the Director of Community Services or his successor in title is satisfied that the operator has taken all reasonable measures to reduce the delay and the restoration has progressed sufficiently to be able to meet the requirements of Condition 1 above.

Hours of Operation

6. Except in emergencies to maintain safe quarry working (which shall be notified to the Director of Community Services or his successor in title as soon as practicable) or unless otherwise agreed in writing by the County Planning Authority, no operations (other than water pumping) shall be carried out at the site except between the hours of 0700 and 1800 Monday to Friday and 0700 and 1400 on Saturdays. No operations shall take place at the site on Sundays, Bank Holidays and Public Holidays.

Access and Highways

7. Access to and egress from the site shall only be by means of the existing site access onto the A426 Leicester to Lutterworth Road. There shall be no access to the site from, or egress from the site to, Dunton Lane.

8. All vehicles importing waste to the site shall be sheeted.

9. No vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.

Dust

10. All operations shall be carried out in a manner which minimises the emission of dust from the site. All haul roads shall be compacted. All haul roads and dry exposed materials shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne.

11. At such times as operations on site give rise to unacceptable levels of dust leaving the site, such as during adverse conditions due to strong winds combined with dry weather, such operations shall be suspended temporarily until such time as the operations can be resumed without causing such nuisance, either by a change in working, weather conditions or taking other additional measures.

Noise

12. Measures shall be taken within the site to ensure that the best practicable means are used to control the emission of noise from the site and to ensure as far as is reasonably practicable that the operations carried out within the site do not give rise to nuisance at any residential property.

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13. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with, and use, effective silencers. Any breakdown or malfunction of silencing equipment or screening shall be treated as an emergency and be dealt with immediately. Where a repair cannot be effected within a reasonable period, the affected equipment shall be taken out of service.

14. All audible warning devices fitted to mobile plant, vehicles and fixed plant and machinery, whilst affording the required safety protection, shall be designed and operated so as to minimise disturbance to nearby residents.

15. Except for operations defined in Condition no. 16 below, noise levels from operations within the site shall not exceed 50dB LAeq (1 hour) , measured freefield at any noise-sensitive property.

16. Noise levels arising from soil stripping, overburden removal, construction of soil mounds and restoration activities shall be minimised as far as is reasonably practicable and in any case shall not exceed 70 dB L Aeq (1 hour) , freefield at any noise-sensitive property. Such noisier activities should not affect any individual noise-sensitive property for more than 8 weeks in any year. At least 5 working days advance notice of the commencement of such noisier activities shall be given to the Director of Community Services or his successor in title.

17. Any pumps which must be operated outside the hours of operation specified in Condition no. 6 shall be operated and sited so as to minimise impact on residents from noise.

18. In the event of a complaint being received which in the opinion of the Director of Community Services or his successor in title warrants further investigation, the operator shall submit a scheme of noise monitoring for approval by the Director of Community Services or his successor in title. The scheme shall include:

a) noise monitoring locations; b) details of all proposed noise monitoring equipment; c) frequency of measurements; d) presentation of results; e) modelling procedures; f) procedures to be adopted if noise levels rise above the limits set by conditions 15 and 16 above

and shall thereafter be implemented as approved.

All noise monitoring results shall be provided to the Director of Community Services or his successor in title in accordance with the approved scheme. The monitoring scheme shall be kept under regular review and may be varied or amended by agreement with the Director of Community Services or his successor in title.

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Environmental Protection

19. Any facilities 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 shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

20. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

21. Measures shall be taken, as may be agreed by the Director of Community Services or his successor in title, to ensure that no flooding, silting or pollution of any watercourse on land adjoining the site is caused by any operations on the site.

22. There shall be no deposition of biodegradable or putrescible material including paper, cardboard, timber, plasterboard or related products nor any polluting material.

23. All undisturbed areas of the site and all topsoil, subsoil, soil making and overburden mounds shall be kept free from excessive plant growth. Cutting, grazing or spraying shall be undertaken as necessary to prevent build-up of a seedbank of agricultural weeds or their dispersal onto adjoining land.

Soil Stripping and Handling

24. Unless otherwise agreed in writing by the Director of Community Services or his successor in title, all soils and soil making materials shall be stripped, handled, stored and replaced in accordance with the submitted details, except where otherwise required by conditions attached to this planning permission.

25. No topsoil, subsoil or overburden shall be exported from the site. All soils shall be permanently retained on site and used in the restoration of the site.

26. No plant or vehicle shall cross any area of unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for purposes of undertaking permitted operations. Essential trafficking routes shall be marked in such a manner to give effect to this condition. No part of the site shall be excavated or traversed by heavy vehicles or machinery (except as necessary to strip that part of topsoil or subsoil) or used for a road, or for the stationing of plant or buildings,

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or storage of subsoil or overburden or waste or mineral deposits, until all available topsoil and subsoil has been stripped from that part. The exception is that topsoils may be stored on like topsoils and subsoils may be stored on like subsoils.

27. No soil movement operations shall take place except when the full depth of soil to be stripped or otherwise transported is in a suitably dry soil moisture condition, i.e. the soil is in a non-plastic state (at least 5% below lower plastic limit) such that damage to its structure shall be avoided. Conditions shall be sufficiently dry for the topsoil to be separated from the subsoil without difficulty. Soil handling and movement shall not be carried out

a) between the months of October to April (inclusive); b) when it is raining; or c) when there are pools of water on the surface

unless otherwise agreed in writing by the Director of Community Services or his successor in title.

28. All topsoil, subsoil, imported soils, and soil making materials shall be separately stored in mounds which:

a) shall be located as specified on the drawings submitted with the planning application, or in locations otherwise agreed in writing by the Director of Community Services or his successor in title; b) shall be constructed with only the minimum amount of compaction necessary to ensure stability and shaped as to avoid collection of water in surface undulations; c) shall not be traversed by heavy vehicles or machinery, except where essential for purposes of mound construction or maintenance; d) shall not be subsequently disturbed until required for restoration unless otherwise agreed by the Director of Community Services or his successor in title.

29. All storage mounds that will remain in situ for more than 3 months, or over winter, shall be seeded with a suitable grass seed mixture. Once established, the sward shall be managed throughout the period of storage and kept weed free.

Restoration – Ground Preparation

30. Unless otherwise agreed in writing by the Mineral Planning Authority, infilling shall be carried out progressively and overburden, subsoil and topsoil shall be replaced and levelled so that:

a) after settlement, the final contours of the application site accord with the levels shown on drawing no. SL2/7 submitted with planning application reference 2004/0269/03; b) the land is free from ponding and capable of receiving an effective artificial under-drainage system.

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31. Prior to the respreading of soils, the upper layers of the prepared surface shall be ripped at a spacing of 500mm or closer and to a depth of 500mm and stones, materials and objects which exceed 200mm in any dimension and occur on the surface of the ripped and loosened ground shall be removed from the site or buried at a depth of not less than 2 metres below the final pre-settlement contours.

32. The Director of Community Services or his successor in title shall be notified in writing when Condition no. 31 has been fulfilled and be given at least 2 working days to inspect the area before further restoration of this part of the site is carried out.

Restoration – Soil Replacement

33. Unless otherwise agreed in writing by the Director of Community Services or his successor in title, no movement, respreading, levelling, ripping or loosening of topsoil or subsoil shall occur:

a) during the months October to April (inclusive); b) when it is raining (except light drizzle); c) when there are pools of water on the surface of the storage mound or receiving area.

34. Plant and vehicles shall not cross any area of replaced and loosened ground, replaced subsoil or topsoil except where essential and unavoidable for purposes of spreading soils or beneficially treating such areas.

35. Subsoils and any soil-making materials shall be:

a) only spread onto ground upon completion of Condition no. 32 above; b) laid in separate layers not exceeding 450mm in thickness; c) levelled to provide an even depth across the relayed area so that the total thickness of layers conforms with soils naturally occurring on site.

36. Each layer formed in accordance with Condition no. 35 above shall be ripped or cross-ripped:

a) to provide loosening equivalent to a single pass at a tine spacing of 1,000mm or closer; b) to its full depth and at least 150mm into the underlying material

and any non-subsoil or non-soil making material or rock or boulder or larger stone greater than 200mm in any dimension shall be removed from the loosened surface before further soil is laid. Materials that are removed shall be disposed of off-site or buried at a depth not less than 2 metres below the final pre-settlement contours.

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37. Compliance with the previous condition shall be carried out so as to provide a level surface to receive topsoil and meeting the post-settlement levels required by Condition no. 30 above and also to remove rock, stone, boulder, wire rope, cable, other foreign objects or compacted layers capable of impeding normal agricultural and land drainage operations including mole ploughing or subsoiling.

38. Topsoiling shall not commence until the Director of Community Services or his successor in title has been notified that the previous condition has been fulfilled and has been given at least 2 working days to inspect the completed subsoiling works.

39. Topsoil shall be carefully and evenly respread to at least the minimum depths naturally occurring.

40. The respread topsoil shall be rendered suitable for agricultural cultivation and ripped or loosened

a) to provide loosening equivalent to a single pass at a tine spacing of 400mm or closer; b) to the full depth of the topsoil plus 100cm

and any non-soil making material or rock or boulder or large stone lying on the loosened topsoil surface and greater than 150mm in any dimension shall be removed from the site or buried at a depth not less than 2 metres below the final settled contours.

41. The Director of Community Services or his successor in title shall be notified in writing when the previous condition has been fulfilled and be given at least 2 working days to inspect the completed works before the commencement of any cultivation operations.

42. Any area of the site which is affected by surface ponding or by local settlement caused by the approved operations shall be regraded to resolve the problem. Topsoil, subsoil or overburden moved in the course of regrading shall not be mixed and shall be handled and replaced in accordance with the above conditions.

Aftercare

43. All areas restored to agriculture shall undergo aftercare management for a period of 5 years. This aftercare period shall commence on the date that restoration is completed to the satisfaction of the Director of Community Services or his successor in title.

44. A scheme of aftercare shall be submitted to Director of Community Services for approval at least 3 months before the spreading of subsoil commences. This scheme shall outline the steps to be taken, and the period during which they are to be taken, to bring the land up to the required standard.

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45. Following the restoration of any phase of the site and before March of the following year, and on any subsequent anniversary, the Director of Community Services or his successor in title and any occupier of the site shall be provided with

a) proposals for managing the land in accordance with the rules of any husbandry including planting, cultivating, seeding, fertilising, draining, watering, or otherwise treating the land for the forthcoming 12 months; b) a record of aftercare operations carried out on the land during the previous 12 months.

46. Before June of every year during the aftercare period, unless otherwise agreed in writing by the Director of Community Services or his successor in title, a site meeting shall be arranged to discuss and agree the proposals and record prepared in accordance with condition 45 above. This meeting shall be attended by the person(s) responsible for undertaking the aftercare steps and the Director of Community Services or his representative.

Reasons

1 In accordance with Sections 73 and 91 of the Town and Country Planning Act 1990.

2 For the avoidance of doubt, to ensure the development is carried out in a satisfactory manner, and to provide for the completion and progressive restoration of the site within an agreed timescale in the interests of the amenities of the area. (Leicestershire Minerals Development Framework Policy MDC20)

3,25, In the interests of satisfactory restoration of the site. (Leicestershire Minerals 28,29, Development Framework Policies MDC18 and MDC20) 30,33, 34,35, 36,37, 38,39, 40&42

4&5 To provide for the completion and progressive restoration of the site within an agreed timescale in the interest of the amenities of the area. (Leicestershire Minerals Development Framework Policy MDC18)

6 In the interests of local amenity. (Leicestershire Minerals Development Framework Policy MDC18)

7&8 In the interests of highway safety and the amenities of the area. (Leicestershire Minerals Development Framework Policy MDC18)

9 In the interests of highway safety and to prevent mud and dust being deposited on the highway. (Leicestershire Minerals Development Framework Policy MDC18)

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10&11 To protect the amenities of the locality from the effects of dust arising from the development. (Leicestershire Minerals Development Framework Policy MDC18)

12&13 To ensure minimum disturbance from operations and avoidance of nuisance to the local community. (Leicestershire Minerals Development Framework Policy MDC18)

14,15, To minimise the adverse impact of noise generated by the operations on 16,17 local residents. (Leicestershire Minerals Development Framework &18 Policy MDC18)

19,20 To prevent pollution of the water environment. (Leicestershire & Leicester &22 Waste Development Framework Policies WCS5, WCS10 and WDC12 and Leicestershire Minerals Development Framework Policy MDC18)

21 To ensure that drainage aspects of the development are carried out in a satisfactory manner. (Leicestershire Minerals Development Framework Policy MDC18)

23 To prevent a build-up of harmful weed seeds in soils that are being, or will be, used for agriculture. (Leicestershire Minerals Development Framework Policy MDC18)

24 To prevent the loss or damage of soil, or mixing of soils and overburden. (Leicestershire Minerals Development Framework Policies MDC18 and MDC20)

26 In the interests of satisfactory restoration of the site, and to prevent damage to soils by avoiding movement whilst soils are wet or excessively moist and as such do not meet the defined criteria. (Leicestershire Minerals Development Framework Policies MDC18 and MDC20)

27 To avoid damage to the soils caused by their movement when wet. (Leicestershire Minerals Development Framework Policy MDC20)

31 To remove potential agricultural obstacles prior to the replacement of soils. (Leicestershire Minerals Development Framework Policy MDC20)

32&41 To afford the Mineral and Waste Planning Authority reasonable opportunity for inspection of the site to ensure satisfactory restoration. (Leicestershire Minerals Development Framework Policy MDC20)

43,44, To ensure that a suitable regime of agricultural husbandry is pursued to bring 45&46 the land to the required standard for agriculture. (Leicestershire Minerals Development Framework Policy MDC20)

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children’s Services and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995. You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

COMMUNITY SAFETY IMPLICATIONS

Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPULSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Regional Spatial Strategy, Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders. DC®. BOARD 17/12/2009