PROPOSALS FOR THE APPROACH TO AND THE SCOPE OF THE ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL STATEMENT IN SUPPORT OF THE DEVELOPMENT CONSENT ORDER APPLICATION UNDER THE PLANNING ACT 2008 FOR THE DIVERSION OF THE RAILWAY AT WHITWELL QUARRY, DERBYSHIRE Report reference: LAF/WT/SPS/1550/02 July 2010 Baddesley Colliery Offices, Main Road, Baxterley, Atherstone, Warwickshire, CV9 2LE Tel. (01827) 717891 Fax. (01827) 718507 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION CONTENTS 1. Introduction 2. Description of the quarrying activities at Whitwell Quarry 3. Planning history of the operations at Whitwell Quarry 4. The proposed operations 5. The scope of the Environmental Impact Assessment 6. The structure of the Environmental Statement TABLES Table 1 Summary of the work undertaken as part of the ROMP application and work that will be undertaken for the DCO application for the railway diversion FIGURES Figure 1 Site location (drawing reference LAF/WT/11-09/15265) Figure 2 Boundary of the Whitwell Quarry Complex (drawing reference LAF/WT/07-10/15654) Figure 3 Plan showing the planning consent boundaries and limits of extraction (drawing reference LAF/WT/10-09/15244) Figure 4 Plan showing the land ownership boundaries (drawing reference LAF/WT/07-10/15664) Figure 5 Proposed Development Consent Order application boundary (drawing reference LAF/WT/07-10/15662) Figure 6 Proposed development details (drawing reference LAF/WT/07-10/15663) LAF/WT/SPS/1550/02 i July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION APPENDICES Appendix A Consultation bodies under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 Appendix B Copy of the ROMP conditions (Code No: R5/0705/13) Appendix C Copy of the ROMP submission dated July 2005 Appendix D Proposed contents list of the Environmental Statement LAF/WT/SPS/1550/02 ii July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION 1. Introduction 1.1 Whitwell Quarry complex operated by Lafarge Aggregates Limited is located in Derbyshire approximately 20m south of Whitwell village and 300m north east of Creswell (Figure 1). The site includes the main quarry, the northern extension together with five additional extensions, a processing plant area and Whitwell Lime Works located to the east of the main workings. The whole quarry site occupies approximately 204ha. The northern part of the site is crossed by the Robin Hood Railway Line that runs between Nottingham and Worksop. The railway runs through a tunnel at the site (Figure 2). The high purity dolomitic limestone extracted at the quarry is burnt in the kilns of the lime works for use in refractory products and steel manufacture. There are only two quarries in the UK that produce limestone which is suitable for these specialist uses and both quarries are recognised sources of national importance of the mineral. Limestone present at the quarry which is not suitable for use in the kilns is used principally to produce agricultural lime and aggregates. 1.2 The quarrying activities at the site are the subject of a Review of Old Mineral Planning Permissions (ROMP) consent which includes the diversion of the section of the Robin Hood Railway that runs through the site. The Environment Act 1995 introduced the requirement for Mineral Planning Authorities (MPA) to undertake an initial review and update of all mineral planning permissions granted between 30 June 1948 and 22 February 1982 and thereafter to operate a programme of periodic review of minerals planning permissions more than 15 years old. This process allows the MPA to ensure that conditions attached to mineral planning permissions remain up to date and relevant. The ROMP consent for the site LAF/WT/SPS/1550/02 1 July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION includes conditions relating to the quarrying of the mineral resource around and forming the railway tunnel. 1.3 In order to extract the mineral resource around and forming the railway tunnel it is necessary to divert the railway. The permanent diversion of the railway is subject to the provisions of the Planning Act 2008 and a Development Consent Order (DCO) application shortly will be submitted in accordance with the Act. The proposed development is a Schedule 2 development under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and as the proposals have the potential for environmental impacts it is considered likely that an Environmental Impact Assessment is necessary to accompany the DCO application. 1.4 MJCA are commissioned by Lafarge Aggregates Limited to undertake the Environmental Impact Assessment for the diversion of the railway in support of the DCO application. The purpose of this scoping document is to explain the background to the development and to set out the proposed scope for the Environmental Impact Assessment. The objective of this scoping exercise is to agree the approach to and the scope of the Environmental Impact Assessment and Environmental Statement which will accompany the DCO application. Based on the Environmental Impact Assessment an Environmental Statement will be prepared in accordance with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. 1.5 In accordance with the Regulations which prescribe the bodies who must be consulted as part of the Environmental Impact Assessment process a list of consultees with whom it is suggested that this scoping report and the Environmental Statement is circulated is presented at Appendix A. The list of consultees includes LAF/WT/SPS/1550/02 2 July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION those meeting the definition of ‘consultation bodies’ under Regulation 2(1) of the Regulations together with other relevant local stakeholders. LAF/WT/SPS/1550/02 3 July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION 2. Description of the quarrying activities at Whitwell Quarry 2.1 Quarrying at the site commenced in 1958. The majority of the area of the quarry to the south of the railway tunnel has been excavated and is occupied by backfilled quarry waste and kiln dust together with aggregate stockpiles (Figure 2). The majority of the mineral to the north of the railway tunnel has been extracted and the remainder will be quarried to a standoff of 40 yards from the tunnel. The standoff will be maintained to protect the trains and train users under current arrangements. 2.2 In the five extensions to the main quarry extraction has been completed in the north western extension, the south eastern and north eastern extension areas are partially extracted and extraction operations have commenced in the southern extension. It is anticipated that extraction will commence in the eastern extension later in 2010. 2.3 Approximately 1.1 million tonnes of dolomitic limestone is extracted from Whitwell per annum. Whitwell Quarry is one of only two quarries in the UK at which high quality dolomitic limestone is extracted and processed hence the quarry is of recognised national importance. The site produces materials used in refractory applications for use in the steel and iron manufacturing industry, and all fines generated at the end of the process are sold and used for agricultural applications. Dolomite is also used for the manufacture of glass. Rotary kilns are used at the Lime Works to manufacture various grades of dolomite product by burning the rock at high temperatures. 2.4 Variation in chemical composition and hardness of dolomite and dolomitic limestone and product requirements means that in order to provide an appropriate blend of stone quarrying takes place at several faces concurrently. The faces generally are LAF/WT/SPS/1550/02 4 July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION worked in three benches by drilling and blasting. The top two benches are generally suitable for kiln feed and the bottom bench is suitable for use as aggregate. Extracted aggregate grade material is crushed, screened and graded before it is transported from site. 2.5 The main reserves remaining in the Main Quarry comprise the reserves associated with the railway tunnel. In accordance with the ROMP and associated agreed schemes careful blasting and monitoring has resulted in agreement for the extraction of mineral up to 40 yards from the outer face of the tunnel. In order to extract the remaining 3.9Mt of mineral located close to and beneath the tunnel it is necessary to divert the section of the railway that runs through the tunnel in accordance with the scheme which is approved through the ROMP. In accordance with the approved scheme it is intended that the railway is diverted to the south of the current route as shown on Figure 2. LAF/WT/SPS/1550/02 5 July 2010 pl14014.doc LAFARGE AGGREGATES WHITWELL RAILWAY LIMITED DIVERSION 3. Planning history of the operations at Whitwell Quarry 3.1 Planning consent reference CLO/1156/3 granted on 5 March 1957 permitted the extraction of limestone from land south of the railway line and includes the plant site. On 27 November 1984 planning consent reference BOL/1082/484 was issued for the extraction of mineral across and to the north of the railway. Planning permission reference CM5/598/7 for five extensions of the quarry comprising areas north east, north west, east, south and south east of the quarry was granted on 7 July 2004. As shown on Figure 3 the 2004 consent does not include the entire area the subject of the 1957 and the 1984 consents. In particular the 2004 consent does not include the aggregates plant and lime works or the area around the railway tunnel. 3.2 In accordance with the provisions of the Environment Act 1995 it was necessary for Derbyshire County Council to review the conditions of the 1957 and 1984 consents for Whitwell. An Environmental Statement in support of the ROMP was submitted to Derbyshire County Council in July 2005.