PLANNING APPLICATION NUMBER:P07/1198

Type of approval sought Full Planning Permission Ward Kingswinford North & Wall Heath Applicant Baggeridge Brick PLC Location: OAK FARM QUARRY, , ,

Proposal REVIEW OF CONDITIONS ATTACHED TO PLANNING PERMISSIONS C/C/90/50811 AND 99/50093 FOR THE EXTRACTION OF BRICK CLAY AND THE RESTORATION TO WOODLAND AND OPEN SPACE IN ACCORDANCE WITH THE ENVIRONMENT ACT 1995 Recommendation APPROVE SUBJECT TO CONDITIONS Summary:

SITE AND SURROUNDINGS

1. The quarry site is entirely within Dudley, and the boundary abuts the north of the site. Dudley town centre is some 5 kilometres east of the site. The size of the entire site is 13.85 hectares.

2. The site setting comprises a largely rural area to the north created following restoration of the Himley landfill site. To the south, off Oak Lane, is substantially fragmented by industrial activity comprising a scrap yard and waste transfer station. A traveller’s site is also located in this area. South of Oak Lane is the entrance to the Cory landfill site, infilling the clay quarry forming part of Ibstock Stourbridge works. West of the Oak Farm site is Oak Lane, leading to Holbeache Lane and further industrial activities.

3. The B4176 Himley Road is approximately 1km east of the site. Between the site and Himley Road is substantially woodland area on colliery spoils heaps, the Lower Gornal Sewage treatment works and the restored Wimpy Landfill, now known as Conference Wood. To the south the Himley Road connects to Dudley whereas to the north it extends to the A449 trunk road. The A449 links Wolverhampton to the north and Kidderminster to the south.

4. Clay extracted from the site is currently supplied to the brickworks located some 3 km north of the site and accessed along privately owned haul roads based upon former mineral railway lines.

5. Bordering the northern boundary of the site is Crooked House Lane, serving the Crooked House pub (Glynn Arms). Access over Crooked House Lane is facilitated by a bridge constructed as part of Oak Farm quarry.

6. Holbeache Brook also forms the northern boundary of the site, immediately to the south of Crooked House Lane. The brook flows in a westwards direction along the northern boundary. Towards the eastern extent of the site boundary the brook is formed by the confluence of Bobs Brook flowing from the north east and Holbeache Brook, which is substantially in culvert, flowing from the south east of the site.

7. The site is bordered on the east and southern boundaries by old railway lines and a further line exists in close proximity to the western boundary. All of these old lines are now being used as footpaths.

8. Very few residential buildings exist around the perimeter of the site, with the closest being the Crooked House pub to the north. A property also exists within the scrap yard area to the south of the site and Home Farm, some 500 metres west of the site. The gypsy site is located immediately to the south of the Kingswinford railway walk but is in itself surrounded by the waste transfer activities and scrap yards on Oak Lane. None of these properties have direct views into the site.

PROPOSAL

9. This application is for a ‘Review of Minerals Permission’ (ROMP) and the application comprises an Environmental Impact Assessment which has been produced relating to ongoing operation of the Oak Farm quarry which supplies clay raw materials for use at the Sedgley brickworks. The 1995 Environment Act requires planning permissions for mineral working to be reviewed on a 15 year cycle. This process provides a mechanism whereby planning conditions on continuing mineral working permissions can be reviewed and updated, where necessary, to reflect changes in circumstances since the permissions were first granted.

10. This application is a review of the conditions attached to planning permissions 90/50811 and 99/50093. The existing conditions are attached to the rear of this report as Appendix 1 (90/50811) and Appendix 2 (99/50093). The new proposed conditions can be set out into a list of relevant issues that comprise the following:-

• Waste Licensing • Geological, Hydro geological, Hydrological issues • Landscape and Visual Impact • Soil Resources • Noise • Dust • Ecology • Highways • Archaeology

These issues are reviewed in the Assessment section of this report.

11. If the Council have not given written notice of their determination within 3 months of receipt of the application, the application and the conditions submitted therein are deemed to be approved from that date.

HISTORY

12.

APPLICATION PROPOSAL DECISION DATE No. C/C/90/50811 Extraction of brick clay and the Granted 25/11/91 restoration to woodland and open space 90/1298 Reinstatement of bridge – Granted 05/02/91 Land north of Oak Farm 99/50094 Diversion of part of Holbeache Granted 22/04/99 Brook and creation of a wetland feature 99/50093 Application under Section 73 Granted 15/06/07 to vary conditions 22, 23, 26 of application no. 90/50811 to amend the restoration strategy and omit the wetland feature

PUBLIC CONSULTATION

13. Public Consultation time expired 21 July 2007. One letter has been received from the agent for the adjoining landowner raising the following concerns:

Comments about the S106 agreement connected with the 1999 application approved on the 15 June 2007 regarding vehicular access, land ownership and the ROMP system.

• Landfill gas

• Timescale of works

OTHER CONSULTATION

14. Head of Environmental Protection - No adverse comments in respect of land contamination. The facility has operated without significant complaint and there are no adverse comments as to the continuation of the use, subject to the existing conditions being retained which includes control of operational laws.

15. Severn Trent Water – No objections

16. Natural England – Adequate information on potential protected species should be provided in reviewing the conditions of the mineral permission.

17. Nature Conservation Officer – More effort should be given to planning future habitat creation and landscape features, such as utilising the anticipated topography to allow water collection for ponds for great crested newts, grass snakes and white clawed crayfish. Similarly enhancements of the present water course could be made by adding further naturalistic channels, rather than the French-drain methods proposed (which would limit wildlife) to aid water movement out of the site.

RELEVANT PLANNING POLICY

18. Adopted UDP (2005)

M1 - Minerals M2 - Minerals and After Use NC5 - Sites of Local Importance for Nature Conservation UR9 - Contaminated Land

National Planning Documents

Mineral Planning Guidance 11: The Control of Noise at Surface Mineral Works Mineral Planning Guidance 14: Environment Act 1995: Review of Mineral Planning Applications

ASSESSMENT

19. The assessment of this ‘Review of Mineral Permission’ (ROMP) will be to determine if the proposed conditions are appropriate to the current status of the site. The relevant issues can be assessed as follows:

Waste Licensing Geological, Hydro geological, Hydrological Assessment Landscape and Visual Impact Assessment Soil Resources Noise Dust Ecology Highways Archaeology

Waste Licensing

20. The UK is now required to implement the provisions of the Landfill Directive. This is being achieved through the provisions of the Pollution Prevention and Control Act 1999, the Pollution Prevention and Control (England and Wales) Regulations 2000, and the Landfill (England and Wales) Regulations 2002.

21. A pollution prevention and control permit (PPC) is now required under the Pollution Prevention and Control Regulations before landfilling can commence at the site. These Regulations replaced the requirements for a waste management licence for a landfill site, as originally required under the Environmental Protection Act.

22. The Oak Farm site is permitted to receive waste. A PPC permit would however have to be granted by the Environment Agency before landfilling at the site can commence. The PPC permit application would contain full details of how the site would be engineered, operated, the waste types to be handled, monitoring, environment control procedures, restoration and aftercare.

23. Strict control exists to ensure that the planning process does not duplicate these responsibilities of the Environment Agency. This control has been extended to specifically encompass the Review of Mineral Permissions. Paragraph 118 of MPG 14 clearly states that the Mineral Planning Authority (Dudley Council) should rely on the Environment Agency.

24. Planning permissions can not convey any consent that maybe required from other statutory authorities. Equally, planning conditions should not seek to control matters that are the proper concern of other statutory agencies, except where planning interests are clear and the conditions in the non planning consent, authorisations or licences are not sufficient to protect those interests. This is particularly relevant in the field of pollution control.

25. The Environment Agency now control the specifics of landfill development through the PPC regime. Detail such as the ‘gas and leachate control may still be submitted to the Council but this is in the capacity for land use planning matter, for example the siting and amenity issues associated with the leachate collection wells, or the location of gas flares etc.

26. In respect of the information above, proposed conditions 1-3 (see recommendation for the full list of conditions) would state the following:

Condition 1 Details of gas and leachate control infrastructure to be submitted for written approval to the local planning authority.

Condition 2 Requirement for a PPC permit and refers to waste types.

Condition 3 Treatment of exact types of waste subject to PPC process.

Geological, Hydrogeological and Hydrological Assessment

27. The site is geologically located within the Carboniferous Upper Coal Measures overlying the Middle Coal Measures. The clay extracted within these Upper Coal Measures is Etruria Marl which is of limited incidence and can only be readily found in the West Midlands areas. Within the Baggeridge company the Etruria Marl is very important for the products manufactured at the Sedgley brickworks, as the clay is famous for its use in producing the Staffordshire blue brick.

28. The groundwater vulnerability map demonstrates the site is on a minor aquifer. Whilst the site is on a minor aquifer, this status is probably derived due to the potential to contain water in the sandstone/coal bands. Other than for other quarrying activities in the area, no known water abstractions take place in the strata.

29. Due to the open void area, water accumulates from the following sources; groundwater, surface water run off/inflow and direct rainfall. This water needs to be discharged from the site, in order to keep the working area dry during clay extraction operations. In order to maintain the quarry void area clear of water to allow clay extraction, pumping takes place under existing discharge consents permitted by the Environment Agency. Upon cessation of pumping when the site is restored to landfill, the natural groundwater levels would return.

30. During the continued development of the site, appropriate discharge consents would still exist with the Environment Agency relating to the discharge of quarry drainage water. It is not believed that the discharge of water would have any detrimental impact on the brook either in terms of flow rate or cleanliness.

31. The mineral permission was granted on the premise that the site would be restored to woodland and open space at surface levels similar to those previously on the site, encompassing the requirement for proper water run off and thus a doming on the surface. The landfill restoration of the site was permitted in the 1991 planning permission and therefore this form of restoration is fixed for the site.

32. In general, the existence of a thick impermeable Etruria Marl clay layer beneath the base of the site will ensure segregation of waste from the underlying minor aquifer. Subject to appropriate site engineering in accordance with a PPC permit the site is capable of accepting a range of waste types and this would not be expected to present a significant risk to the groundwater or surface water environment.

33. To safeguard the interest of the Council the following conditions (nos. 4-8) are proposed:

Condition 4 Programme of works and restoration Condition 5 No extraction to take place below 45m Condition 6 Details for the storage of overburdens and other quarry waste Condition 7 The need for continuing discharge consents Condition 8 Correct storage and management of oils/diesel

Landscape and Visual Impact Assessment

34. The restoration of the site has been somewhat amended since the 1991 planning consent for example a planning application submitted in 1999 to amend the restoration has been approved. Certainly the continual maturing of vegetation within and off site enhances the screening of the site particularly when viewed from the pathways that surround the site.

35. The ongoing extraction from the site would remain largely unseen from the surroundings. To ensure this is the case the scheme of landscaping and restoration works are set out in the following conditions:

Condition 9 Life of the site Condition 10 Final Planting scheme to be carried out in accordance with planting seeding schedule, and the restoration plan Condition 11 Management and aftercare of restoration and planting

Soil Resources

36. The 1991 planning application for the site identified that little or no soil resource existed. At that time it was considered a very thin layer existed over the grazing/scrub land area. Within the wooded area of the site, the original application identified that any soil resource would likely be impacted by the presence of roots from the trees, thus making stripping very difficult. In this respect, the report considered that restoration of the site would rely significantly upon imported soils.

37. Despite the original application not identifying a great presence of soils, detail was included in relation to the stripping and storage of any soils identified in the extraction operations. The management of these involved the placing of soils in a continuous mound on the northern boundary of the site, which would then be seeded. The location of the mound on the northern boundary was also to serve as a visual and acoustic screen for the Crooked House public house which was identified as a close sensitive receptor.

38. The topsoil resources would remain in storage until such time as they are required for restoration. The topsoil mound was seeded with grass and the surfaces on all soil mounds would be managed throughout the period of storage. In addition, all topsoil mounds would be kept free from weeds with all necessary steps being taken to destroy weeds at an early stage of growth to prevent seeding.

39. Woodland planting would be conducted on site as shown by the restoration landform once final surface levels have been achieved.

40. To ensure that these aims are followed, the conditions set out below have been proposed:

Conditions 12-15 set out the details of the stripping of soils from the site. Conditions 16 and 17 ensure the general safeguarding of soils Condition 18 The handling of soils within the restoration Condition 19 The soils aftercare scheme to be implemented based upon the scheme included within the ROMP submission

Noise 41. The existing mineral planning permissions for the site do not expressly condition the operation of Mineral Extraction or Landfilling with regard to noise levels generated at the site. These operations have been ongoing with no discernable noise issues in the local environment. This is confirmed by the Head of Environmental Protection who indicates that the site has operated without significant complaint and there are no objections to the continuation of the use subject to the control of operational hours.

42. The existing Site and Setting plan in plan 01/02 indicates that very few noise sensitive properties exist within the vicinity of the site.

43. The Oak Farm quarry clay extraction operations are typically conducted for a period of 6-8 weeks per year during the drier summer weather. The operations are controlled by the existing planning conditions to ‘be carried out between the following hours: Monday to Friday 7am to 7pm, Saturday 8am to 1pm. No operations shall take place on Sundays or Bank Holidays’. The Oak Farm quarrying operations are therefore very temporary in comparison to the other heavy industry in the locality. The control of working hours prevents night time activity when the baseline levels would be lower and thus the potential noise impact greater.

44. Noise levels outside of the site could however increase without proper ongoing management of equipment within the quarry and therefore, it is important to maintain a commitment for proper maintenance and control of machines. The applicant, Baggeridge, through environmental operating procedures ensure that the equipment is well maintained, such as effective silencing of exhausts and the provision of appropriate reversing alarms.

45. To ensure the noise levels are kept to a minimum the following conditions are proposed:

Condition 20 Continued implementation of the acoustic bund (noise barrier) Condition 21 Limited periods of elevated noise levels in accordance with MPG 11 Condition 22 Maintenance of plant and equipment Condition 23 The hours of site operation Condition 24 The noise produced from future landfilling activities to be controlled prior to operations commencing Condition 25 No blasting without prior consultation and written approval of the local planning authority

Dust

46 Although clay removal has not created significant dust issues, the ROMP process requires consideration of the potential dust generated from the operations, the effect on the surroundings and the proposed mitigation, if necessary.

47. Within all areas of the site not directly subject to mineral activities, vegetation has been established. This vegetation is shown around the perimeter of the site and on the undeveloped area to the west. The vegetation assists in preventing the raising of dust from these areas.

48. The Oak Farm Quarry does not appear to be a significant source of dust. It is, however, recognised that there are a number of operations associated with mineral extraction that may have potential to create dust emissions, as detailed below:

Initial soil stripping and site boundary landform creation Ongoing clay extraction operations Site restoration works

49. The clay within Etruria Marl quarries such as Oak Farm, are generally associated as having high moisture content therefore not particularly susceptible to wind blow. Dormant clay, such as that stored in a stockpile or on a quarry bench, readily forms a crust, which also minimises dust generation.

50. The quarry site is not considered to pose a significant impact currently with regard to dust emitted from the site. This is demonstrated by the lack of associated complaints with this aspect.

51. To further ensure the future mitigation of dust impact in the local environment the following condition is proposed:

Condition 26 To ensure roadways within the site are sprayed with water as necessary, control of site speed limits and the fitting of up swept exhausts on site equipment.

Ecology 52. At present there is only one planning condition, which relates to the grassland, in the 1991 planning permission covering Ecology issues. It is proposed that new conditions are attached that allow for bat, badger and reptile (newts) surveys. Together with the continued management of grassland areas, the new conditions proposed would be an improvement to the 1991 permission and allow for the submission of further important ecological informations. The four new conditions comprise the following:

Condition 27 Continued management of existing grasslands Condition 28 Tree management works. Bird survey required if work carried outside of certain times. Condition 29 Confirmation of bat survey Condiiton 30 Confirmation of badger and reptiles survey

Highways – road and footpaths

53. The site is bordered on the eastern and southern boundaries by old railway lines and a further line exists in close proximity to the western boundary. All of these old lines are now being used as footpaths through diversion orders implemented by the mineral workings, with the exception of the Kingswinford walk on the southern boundary which is on its original alignment.

54. The clay extraction operations have been ongoing since 1991 and thus the site has been developed to enable the extraction of clays from the quarry, exiting the site over the bridge and haulage over the restored Himley landfill site, along the private haul route and back to the Sedgley brickworks. As explained previously, the haulage of clay from the haul road bridge northwards is within Staffordshire and the County Council were supportive of the use of the internal haul road for the transportation of clay to the brickworks to minimise impact of traffic on the public highway within Staffordshire.

55. Plan 01/02 ‘Site and Setting’ shows the haul road within the setting of the restored Himley landfill. The positioning of the haul road has ensured it is least visible to sensitive viewpoints.

56. The setting of the haul road over the landfill site does not directly form part of the ROMP submission for Oak Farm. It has however been considered above as an important link to the ongoing operation of the Oak Farm quarry. The applicant, Baggeridge, is committed to the continuing use of the haul road as opposed to transporting clay to the Sedgley brick works along public roads. In this respect, it is not considered that the continued operation of the quarry will have any adverse impact on the highway network.

57. The operation of the permitted landfill development would result in an increase of vehicle movements on the local road network as in order to gain access to the haul road bridge required by the existing consent, vehicles would need to gain access off Crooked House Lane. Plan 01/03 ‘Working and Restoration’ within appendix 1 shows the approximate phasing of the restoration.

58. In relation to highways, the plan embraces the requirements of previous condition 21 by linking the bridge to the Crooked House Lane access within the context of the restored Himley Landfill. It is expected that the landfilling would take place in broadly the same manner as during the Himley operation, therefore from these previous operations, it is clear that the highways access was suitable to accommodate such vehicle movements. The landfill access to the sit will utilise the former Biffa entrance off Crooked House Lane which has recently been in use for the Himley Landfill operations. It is not considered therefore that the environmental impact will be unacceptable when replicating longstanding activities which have only been completed in the recent past.

59. The haulage of clay would continue to use the private haul road to supply the Sedgley brickworks and this has no impact on the highway network.

60. In relation to footpaths, the quarrying and landfill operations are a temporary albeit longer term activity before footpaths are put back onto the original alignment. In the short term, further disturbance to footpath B7 will be necessary in order to move it onto the permitted alignment. This will see the footpath in a much improved setting until final restoration is achieved.

61. To ensure there are no adverse impacts on the highway and pedestrian networks the following conditions are proposed:

Condition 31 Confirmation of clay haulage route Condition 32 Clay export from the site not permitted onto Crooked House Lane unless agreed in writing by the LPA Condition 33 Wheel cleaning facilities Condition 34 Confirmation of haul route alignment for infilling Condition 35 Details of landfill site offices to be provided Condition 36 Details required associated with the removal of the overburden pile

Archaeology

62. Oak Farm quarry has been operational since 1991 and much of the surface area is now disturbed though during this time, no items of archaeological significance have been found. At present there is only a small area to the west of the current working area yet to be stripped of soils.

63. There are however no existing planning conditions regarding archaeology in the Oak Farm quarry therefore proposed condition 36 is considered to significantly improve the potential item on archaeological issues.

64. Condition 37 – Archaeological survey archaeological remains are identified to the satisfaction of the LPA.

Operational Issues

65. The following conditions are proposed that reflect more general matters to the operation of the site not specific to any of the above sections.

Condition 38 No processing plant or machinery to be erected on site without prior approval of the LPA Condition 39 A 2 metre high chain link fence shall be erected around the working area and maintained during the life of the permission Condition 40 No maintenance of vehicles or machinery within the permitted area, with the exception of earthmoving/excavation machinery.

CONCLUSION

66. The ROMP submission has generated planning conditions which are proposed to replace those within the 1991 permission (as amended by the 1999 application). It is proposed to increase the number of conditions from 27 in the 1991 permission and 5 conditions in the 1999 application to a total of 40 in this ROMP submission. The conditions as proposed would update and amend the 1991 conditions and it is considered the Council would have improved operational control relating to noise, dust, ecology and highways together with additional detail on the restoration and aftercare management of the site and that the relevant policies in the adopted Unitary Development Plan would be complied with. These proposed conditions would be reviewed in 15 years time through the submission of a further ROMP application.

RECOMMENDATION

67. It is recommended that the application be approved subject to the following conditions:

Reason for Approval

It is proposed to increase the number of conditions from 27 in the 1991 permission and 5 conditions in the 1999 application to a total of 40 in this ROMP submission. The conditions as proposed would update and amend the 1991 conditions and it is considered the Council would have improved operational control relating to noise, dust, ecology and highways together with additional detail on the restoration and aftercare management of the site and that the relevant policies in the adopted Unitary Development Plan would be complied with. The decision to grant planning permission has been taken with regard to the policies and proposals in the adopted Unitary Development Plan (2005) and to all other relevant material considerations.

Informative The development hereby permitted shall accord with drawing no’s 01/01, 01/02, 01/03 and 01/04, unless otherwise agreed in writing by the Local Planning Authority.

Conditions and/or reasons:

1. Prior to the installation of gas and leachate control infrastructure and notwithstanding the provisions of the 1995 Town & Country Planning General Permitted Development Order, or similar successive legislation, detail shall be submitted for the written approval of the Mineral Planning Authority. 2. Infilling shall commence in accordance with the proposed phasing scheme and shall progressively continue in each phase using materials to the satisfaction of the site Licensing Authority. The details of site engineering and capping shall be agreed with the Regulatory Authority as part of the PPC process. 3. Unless otherwise agreed in writing with the Mineral Planning Authority no waste shall be deposited of at the site unless it has previously been treated in accordance with article 6 of the EC Directive 1999/31/EC dated 26th April 1999 for the landfill of waste and regulations 10 of the Landfill Regulations 2002 or any statutory modification or re-enactment thereof

4. The operators shall work the site in accordance with the programme of works shown on plan 01/03 showing extraction and restoration tranches in order to achieve the restoration shown on plan 01/04. No deviation shall be permitted from these plans except with the prior written authorisation of the Mineral Planning Authority. 5. No extraction shall take place below 45m AOD without the written approval of the mineral planning authority. 6. Overburden and other quarry waste (except topsoils) resulting from mineral extraction will be stored within the works and shall at no time exceed the level of the adjoining land without the previous consent of the mineral planning authority in writing. 7. The operator of the site shall maintain appropriate discharge consents with the Environment Agency or other such body, relating to the ongoing mineral extraction operations and thereafter for the site drainage of the operational and as necessary, restored landfill site. 8. 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 the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents gauges and site 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 tanks/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund. 9. The winning and working of minerals on the site shall cease not later than 2042 or such other period as shall be agreed in writing with the Mineral Planning Authority. 10. Tree and shrub planting and grass seeding shall be carried out in accordance with the Planting and Seeding schedule attached to the restoration plan 01/04 unless otherwise agreed in writing by the local planning authority. 11. Following completion of restoration and planting to the approved restoration plan and planting shall be managed in accordance with the management and aftercare proposals detailed within sections 7.2.38 and 7.2.50 of the ROMP submission. 12. All soil movement operations shall only be carried out when the full volume of soil is in a dry and friable condition, i.e. the soil is in a non plastic state such that damage to its structure shall be avoided. Conditions shall be sufficiently dry for the topsoil to be separated from the subsoil/clay, without difficulty. Soil handling and movement shall not be carried out between the months of October to April inclusive unless otherwise agreed in writing with the Mineral Planning Authority. 13. Plant or vehicle movement shall be confined to clearly defined haul routes on the overburden/infill surface and shall not cross areas of topsoil except for the express purpose of stripping or replacement operations. 14. Before any part of the site is excavated or traversed by heavy vehicles or machinery (except for the purposes of stripping that part or stacking topsoil on that part), or is to be used for the stacking of subsoil, soil making material or overburden, or for the construction of a road, all available topsoil and subsoil (except in the case of subsoil mounds) shall be stripped from that part. 15. Where topsoil or subsoil stripping takes place, the material shall, where possible, be directly placed, that is to say it is re spread onto the restored landfill surface. In any case;

i. The topsoil shall be stripped to the full depth and shall be stored separately

ii. The subsoil/remaining material in the soil profile shall be stripped and stored separately

16. Bunds for the storage of soils shall conform to the following criteria;

1. Topsoil, subsoil and subsoil substitutes shall be stored separately

2. Where continuous bunds are used dissimilar soils shall be separated by a third material

3. Topsoil bunds shall not exceed 4 metres in height

4. Materials shall be stored like upon like so that topsoil shall be stripped from beneath subsoil bunds and subsoil from beneath overburden bunds. 17. Soils shall be stored alongside the diverted route of public footpath B7 on the west and northern site boundaries. All storage bunds to remain in situ for more than 6 months or over the winter period are to be grassed over and thereafter, maintained until use, to control weed growth. 18. Upon completing infilling and the emplacement of any low permeability cap as required by the Waste Regulation Authority, the topsoil and subsoils stored on site, shall be spread in accordance with the soils schedule included in the Review of Mineral Planning Permissions submission within sections 7.3.27 to 7.3.39. 19. Following the emplacement of the low permeability cap over deposited waste in any part of the site hereby approved, the soils aftercare scheme shall be implemented based upon the scheme as included with the Review of Mineral Planning Permission sections 7.3.42 to 7.3.43. 20. The noise barrier shown on plan 01/02 and 01/03 shall be retained during the life of the site together with additional noise bunds to be erected adjacent the diverted public footpath B7. 21. A limit of 70 dBL Aeq (1 hour) shall be permitted up to 8 weeks in a year for temporary works such as battle mound construction, soil stripping, removal of spoil heaps and construction of new permanent landforms. The limit shall not apply to the periods when the clay winning is carried out. 22. Machinery and vehicles used on the site shall be maintained and silenced, so as to comply with the best practical standard. 23. Stripping of soils, overburden, extraction of clay from the site, the construction of overburden mounds and infilling of the resultant void shall take place only between the hours of 07.00 – 19.00 hours Monday to Friday 07.00 – 13.00 hours on a Saturday and not at all on Sundays or recognised Public Holidays. 24. Prior to the commencement of infilling the site, the operator shall submit to the Mineral Planning Authority a report detailing the likely noise generated through each phase of the infilling, the potential affects on the local environment and any proposed mitigation thought necessary. 25. No blasting shall be undertaken without prior consultation with and written approval of the Mineral Planning Authority. 26. In order to minimise the raising of dust the following steps shall be taken:

• All roadways within the site shall be sprayed with water as necessary

• The control of site speed limits to minimise dust

• Fitting upswept exhausts on-site equipment

27. The unimproved grassland together with the seed source area and shall continue to be managed to maintain the quality of the sward. Prior to excavation beneath these areas and following a further National Vegetation Classification survey, the donor grassland turfs areas shall be translocated to the receptor site and thereafter managed in accordance with the unimproved grassland translocation methodology and management brief. 28. Any works on hedgerows and mature trees should be carried out between 1st September and 30th September April wherever possible to avoid disturbance of breeding birds. The removal or management of trees outside these periods should be accompanied by a survey to determine any usage by birds. 29. Prior to the removal or management of mature trees surveys should be conducted to determine any usage by bats. 30. Prior to the removal or management of the woodland, scrub or grassland areas surveys should be conducted to determine any usage by badgers and reptiles. 31. Clay extracted from the site to be delivered to the Sedgley brick factory shall exit the site using the bridge on the north eastern boundary and shall be transported along the haul road over the Himley landfill shoen on plan 01/03. 32. Clay export from the site along the route shown on plan 01/03 onto Crooked House Lane will not be permitted unless agreed in writing with the Mineral Planning Authority. 33. The operator shall ensure that the wheel cleaning facilities are maintained and used by all landfill and clay export vehicles leaving the site in order to minimize deposits on the road and as necessary, a road cleaning company shall be contracted by the operator to clean the internal surfaced road and adjacent highway. 34. Access to the site for infilling shall be in accordance with the haul route alignment shown on plan 01/03 with details of road surface between the Lane and the bridge being submitted and approved by the Mineral Planning Authority. 35. Detail of the landfill site offices including materials, dimensions and finish shall be provided to the Mineral Planning Authority 3 months prior to erection. 36. Prior to the removal of the overburden pile on the northern boundary of the site details shall be submitted to show the management of the footpath throughout works including; crossing points, fencing and final alignment in the setting of the stream and adjacent soil storage mounds. These shall be approved by the Mineral Planning Authority. 37. If during the continued clay extraction from the site, a believed archaeological remain is identified, that area of the quarry shall be sealed and Dudley Metropolitan Borough Council Mineral Planning and Archaeological Services departments informed. The Council shall diligently pursue any investigation in the quarry so to minimize disruption to the ongoing clay extraction. No further extraction shall take place within that area, until the County Council has granted authorisation. 38. Notwithstanding the provisions of the Town and Country Planning General Development Order, not processing plant or machinery shall be erected on site, without the prior approval of the Mineral Planning Authority. 39. A 2 metres high chain link fence shall be erected around the working area and maintained during the life of the permission. 40. There shall be no maintenance of vehicles or machinery within the permitted area, with the exception of earthmoving/excavation machinery.