Penhale China Clay Works Penhale St Austell on 23

Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Operational Area 28 - Penhale China Clay Works Penhale St Austell rd On 23 November 2010

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this 0 breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this 1 time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 31

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004.1

Disclaimer

It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied.

Traffic Lights

For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non- compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Operational Area 28 - Penhale China Clay Works Penhale St Austell Planning Permission(s): R10.ENV Review of Mineral Planning Permissions. - Approved on 10/02/98

22637/CS Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals - Approved on 16/12/1963 22719/CS Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals - Approved on 16/12/1963 58597/C Winning and Working of China Clay - Approved on 12/12/1973 17307/C Construction of earth banked dam for conservation of water - Approved on 27/11/1961 22636/CS mining operation in connection with the winning and working of china clay, china stone, mica sand and allied minerals on land as shown marked in yellow and numbered on 6" scale map No. County /29/54 - Approved on 16/12/1963 26974/C Operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals - Approved on 29/03/1965 27960/CS Extension of china clay spoil tip and erection of conveyor bridge and substation building - Approved on 26/07/1965

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Plant Index:

Application Decision Number Development Known Status Number and Date C/SAU/55/7474 6861/C 3 Settling pits Demolished/Removed 26/09/55 C/SAU/59/11781 11647/C 29/06/59 Winder House Demolished/Removed

C/SAU/60/14365 14530/C 19/12/60 Additional tanks Demolished/Removed

C/SAU/61/15068 15240/C 13/03/61 Construction of tanks (Higher Ninestones) Demolished/Removed

C/SAU/61/15690 15962/C 26/06/61 Pump house & tank Demolished/Removed

C/SAU/61/16536 17325/C 27/11/61 Pump house & tank Demolished/Removed

C/SAU/61/16602 17463/C 18/12/61 Bleaching plant house Demolished/Removed

C/SAU/62/16836 17613/C 15/01/62 3 tanks Demolished/Removed

C/SAU/63/19685 21144/CS 27/05/63 Pump house Demolished/Removed

CS/SAU/66/27318 36492 23/05/66 Construction of a works access Demolished/Removed

The following permissions are known to exist but copies of the decision notices cannot be located. Should the operator be aware of the current status of the developments or have copies of the decision notices then the MPA should be notified as soon as possible.

Application Decision Number Development Known Status Number and Date 4/23/81/00835 Unknown Change of use of clay dry to industrial Unknown manufacture storage & vehicle maintenance C/SAU/51/3376 Unknown Canteen, cloakroom Unknown

C/SAU/64/22852 Unknown Office, mess room, toilet Unknown

C/SAU/63/19654 Unknown Canteen Unknown

CS/SAU/63/21314 Unknown Sub station & transformer house Unknown

CS/SFB/68/33690 Unknown 60 ton silo Unknown

Legal Agreement(s): None... Operator: Imerys Minerals Ltd Site Status: Active site Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Mr Mick Butfield Date of Visit: 23rd November 2010 Time on Site: 0930... Time off Site: 1120... Attendees: Mr Adrian Mutton, Imerys UK Ltd... Weather: Fine and Dry with Light Winds... Ground Conditions: Generally Dry... Report Author: Mr Mick Butfield, Monitoring Officer, Natural Resources Team.

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3. Compliance with Planning Conditions NR/08/00461/P_ROMP - Decision Notice 97/00965Review of Mineral Planning Permissions dated 10/02/98

Condition Number and Description Condition 1. Time Limits

Except where it is provided otherwise in the conditions of the original permission, the Mining Operations to which these permissions relate shall cease after 21st February 2042 unless planning permission is granted for the continuation of operations beyond that date. Unless further permission has been granted for a continuation of operations beyond this period the site shall be reclaimed in accordance with the Restoration Conditions and Aftercare Conditions approved for the Operational Areas by 21st February 2047. Notes Following Visit This is recognised as being a post dated condition.

Condition Number and Description Condition 2. The Extent of the Permissions

The development to which these Permissions relate shall be limited to the areas shown on the approved plan (the application Plan Drawing No. G/4/1/102) (the site). Notes Following Visit The extent of these permissions are acknowledged.

Condition Number and Description Condition 3. Nature of Development

The development to which these Permissions relate shall comprise the winning and working of china clay, china stone, mica, sand and allied minerals, the deposit of mineral waste and operations ancillary to mining (the Mining Operations) as specified in the original permissions. Notes Following Visit The developments at Penhale Operational Area remain within those permitted in this condition. The greater part of the site remains non operational at this time, however the disposal of mica continues on the Penhale Dam while Ruddle Pit continues to be used as a company water reserve.

There has been no mineral extraction at the site for some time. In the past the site comprised of six individual pits:

Ruddlecommon Pit (Penhale Old Tips) This area lies in the western fringes of the site and was backfilled and tipped with solid waste. The area was reshaped and planted as heathland during the late nineties. Some areas of the southern and northern flanks of the tip were tree planted between 2006 and 2007.

Lower Ninestones Pit The pit lies in the northern region of the operational area and was backfilled with mica and surcharged. The surface is generating to heathland and a wetland area remains in the southern corner of the dam.

Higher Ninestones Pit and Penhale Pit (Penhale Dam) This area located in the northern region of the operational area encompasses two former pits known as Higher Ninestones Pit and Penhale Pit. This area also known as Penhale Dam continues to be used for mica disposal and it is believed this will continue for at least a further three years. The dam receives mica via pipeline from Wheal Martyn and from Wheal Prosper and Greensplat owned by Goonvean.

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The following picture shows the Penhale Mica Dam with a pumping unit mounted on a yellow pontoon in the foreground

Great Treverbyn Pit The pit is located on the eastern boundary of the site adjacent to the public highway. The pit was backfilled with sand and partly with micaceous residue and is now an active water lagoon used to control surface water runoff. For health and safety reasons the area has been fenced.

Western Carclaze Pit (West Carclaze Dam) This area as shown in the picture below lies in the south eastern corner of the site and is now unoperational. The banks of the dam were tree planted as part of the Woodland Project but further restoration is proposed for the dam.

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In addition to the pits listed above other areas of the site have been in use or remain in the use at the time of the visit:

West Carclaze Tip The tip is located in the centre of the operational area and has now been planted with trees.

Ruddle Pit The pit lies in the south western corner of the site remains in use as a water reserve. The pit receives runoff from Great Treverbyn Pit and Wet Carclaze Dam and contributes to water stored at Lansalson Pit at Greensplat Operational Area.

Treverbyn Tanks This area lies in the eastern fringes of the site and was formerly used to house process tanks and plant. The site was cleared and the plant was removed during 2005 and 2006. No further restoration works have taken place in this area.

Land between Penhale Dam and Great Treverbyn Pit This area was formerly used to house engineering plant and workshops. Most of the plant has been removed although one building remains on site as well as various materials and the original hardstanding.

Condition Number and Description Condition 4. Working Programme

The Mining Operations and the Restoration and Aftercare of the site shall be carried out in accordance with any existing conditions imposed upon the original planning permissions in addition to the supplementary conditions of this determination until such time as Schemes of Working, Site Access and Conditions have been approve by the MPA for the Operational Areas and the Long- Term Working Areas, unless otherwise agreed in writing by the MPA. The working programme for the Operational Areas may be comprised in a series of phases of not less than seven years. A Scheme of Working, Site Accesses and Conditions for each area shall be submitted for approval to the MPA in accordance with Conditions 5(a), (b) and (c). Following the approval by the MPA of a Scheme of Working, Site Access, and Conditions, the Mining Operations and the Restoration and Aftercare shall be carried out strictly in accordance with the Scheme unless otherwise approved in writing by the MPA. Notes Following Visit This site is listed in Schedule A of this decision notice as an Operational Area and therefore requires the submission of the 'Scheme of Working, Site Access and Conditions' as specified in condition 5 of this decision notice.

The Scheme of Working, Site Access and Conditions had not been approved at the time of this visit and the following original planning permissions are still extant and were included in the monitoring visit:

17307/C dated 27/11/61 construction of earth banked dam for conservation of water 22636/CC dated 16/12/63 winning and working of china clay 22637/CS dated 16/12/63 winning and working of china clay 22719/CS dated 16/12/63 winning and working of china clay 26974/C dated 29/03/65 winning and working of china clay 27960/CS dated 26/07/65 extension of a china clay spoil tip and erection of a conveyor bridge and substation building 58597/C dated 12/12/73 winning and working of china clay

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Condition Number and Description Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational Areas

In respect of each Operational Areas listed in Schedule A annexed hereto and identified on Drawing No. G/4/1/101 the operator shall submit to the MPA on or before the dates shown in the Schedule, unless otherwise agreed in writing with the MPA:-

(a) A Scheme of Working to identify the area, depth and direction of extractive operation, the area, height and profile of tipping or mineral waste, details of any ancillary development (including plant and stockpiling) and ongoing and (where appropriate) final landscaping, restoration and aftercare measures. The Scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. Where agreed with the MPA in pre-application discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in writing by the MPA.

Footnote:

(i) the term "environmental impact" is described in the definitions annexed hereto;

(ii) examples of Site Specific Conditions are indicated in the definitions annexed hereto.

Notes Following Visit The Scheme of Working, Site Access and Site Specific Conditions have been submitted by the operator and are being considered by the MPA.

Action point for the MPA Consider the acceptability of the submitted information and respond to the applicant accordingly.

Condition Number and Description Condition 6. The Long-Term Working Areas

No Mining Operations shall be carried out within any part of the site shown as a Long-Term Working Area on Schedule B and Drawing No. G/4/1/101 annexed hereto until such time as the operator has submitted to the MPA, and the MPA has approved for that part of the site;

(a) A scheme of Working to identify the area, depth and direction of extractive operations, the area, height and profile of tipping of mineral waste, details of any ancillary development (including plant access and stockpiling) and ongoing and (where appropriate), final landscaping, restoration and aftercare measures. The scheme shall cover a period of not less than seven years.

(b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. There agreed with the MPA in pre-applications discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in wiring by the MPA.

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Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto;

(ii) examples of Site Specific Conditions are indicated in the definition annexed hereto.

Notes Following Visit The site is defined as an Operational Area in Schedule A and this condition is therefore considered non-applicable.

Condition Number and Description Condition 7. Access and Highway Matter (General)

The operator shall employ the best practicable means to prevent the transfer of mud, dust stones or other deleterious material onto the public highway.

Footnote:

The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit The access to the site is restricted to five access points located on the north western and north eastern boundaries of the operational area.

The main access to the site is the crossover between Gunheath and Penhale Operational Areas on the north western boundary of the site. This is the only access used by heavy plant. The access opposite Singlerose Operational area is mainly used for maintenance and inspection purposes. All other accesses are rarely used.

These access points were observed to be in a clean condition at the time of the visit. The MPA has not received any complaints regarding the condition of the public highway.

Condition Number and Description Condition 8. Sheeting of Lorries

All heavy commercial vehicles leaving the site except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before leaving the site (this condition shall not apply to vehicles travelling between one part of the site and another), unless otherwise agreed in writing with the MPA.

Footnote: The term 'heavy commercial vehicle' is defined in the definitions annexed hereto. Notes Following Visit Due to the limited operations at this time it is understood that no commercial vehicles carrying materials would be exiting the site onto the public highway. There are likewise no outstanding complaints regarding the sheeting of Lorries at this site.

Condition Number and Description Condition 9. Environmental Protection (General)

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufactures specification at all times.

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Footnote:

The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit The MPA has not received any recent complaints regarding dust, smoke, fumes, noise or vibration and no issues relating to these matters were witnessed during the site visit. The surface of the Penhale Mica Dam was wet at the time of the visit and no dust was observed to escape from the site.

Condition Number and Description Condition 10. Dust (General)

A scheme for the suppression and mitigation of dust arising at the site which shall include proposals for dust monitoring, shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed with the MPA) of the determination of conditions by the MPA. Notes Following Visit Following consultation with both operators, KaBCA submitted a single dust scheme for consideration of approval as email dated the 12th March 2009.

The scheme was considered acceptable as emailed dated 17th July 2009.

Condition Number and Description Condition 11. Noise (General)

Except as may be provided for in Site Specific Conditions approved for the Operational Areas and for the Long-Term Working Areas or as may be specified in original conditions in permission granted after 1 January 1993, noise levels arising from the Mining, Restoration or Aftercare Operations on the Site, measured at any occupied residential property, shall not exceed 55 dB (LA eq) on hour freefield between 7.00 and 19.00 hours and 45dB (LA eq) 5 minutes freefield between 19.00 and 07.00 hours, unless otherwise agreed in writing with the MPA.

Footnote: Noise Sensitive Areas (as defined in the annex affixed here) will be identified within schemes to be submitted for the Operational Areas (and if appropriate, the Long-Term Working Areas), and the operators shall provide baseline information for day-time and night-time levels arising from Mining, Restoration, and Aftercare Operations within Site Specific Conditions for the Noise Sensitive Areas. Notes Following Visit There are no outstanding complaints regarding noise at this site. There are acknowledged to be residential properties in close proximity to the site but operations at the site are limited and low key.

Condition Number and Description Condition 12. Blasting (General)

Ground vibration from blasting should not exceed a peak particle velocity of 8.5mm per second at or near the foundations of all domestic occupied buildings and all other buildings used for human occupation not under the control of the applicant unless otherwise agreed by the MPA. Within 12 months of the determination of new conditions, the operators shall agree an appropriate limit to ground vibrations from blasting to protect railway structures and rail services. The measurement shall be the maximum of 3 mutually perpendicular directions at the ground surface.

Blasting (other than secondary blasting within the terms of the scheme approved in relation to Condition No. 14) shall only take place between 8.00 and 18.00 hours Monday to Friday and 8.00 and 12.00 hours on Saturdays unless otherwise agreed in writing with the MPA.

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Should ground vibration at any building or structure (other than those where a higher level has been agreed), as specified above, exceed a peak particle velocity of 8.5mm per second, the operator shall immediately notify the MPA. The notification shall be confirmed in writing together with a description of the blast design and any reason known to the operator for the blast exceeding 8.5mm per second.

Notes Following Visit Following consultation with both operators, KaBCA submitted a single blasting scheme for consideration of approval as email dated the 12th March 2009.

The scheme was subsequently approved by email dated 24th July 2009.

Condition Number and Description Condition 13. Blasting (Monitoring)

A scheme for the monitoring of blasts and the release of all readings shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed by the MPA) of the determination of conditions. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme as required by this condition was signed off as acceptable by the MPA on the 30/04/99. There are acknowledged to be no blasting operations being undertaken on site at this time.

Condition Number and Description Condition 14. Secondary Blasting

Within 12 months of the determination of new conditions, the operators shall submit to the MPA for approval, a scheme for any secondary blasting. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme as required by this condition was signed off as acceptable by the MPA on the 30/04/99. There are acknowledged to be no secondary blasting operations being undertaken on site at this time.

Condition Number and Description Condition 15. Ground and Surface Water Protection (bunding and storage facilities)

Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse. For any liquid other than water this shall include storage in suitable tanks and containers which shall be house in an area surrounded by a bund wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floors and walls of the bunded area shall be impervious to both water and oil, and vent pipes should be directed downwards into the bunded area.

Notes Following Visit No oils, fuels, lubricants or other potential pollutants are believed to be stored at the site and no storage facilities were identified during the visit.

Condition Number and Description Condition 16. Protection of Controlled Waters

All surface fun-off from tips or areas prepared for extraction or tipping shall be intercepted by perimeter ditches and/or contained in settlement lagoons before discharge to any controlled waters. All tips shall be treated as soon as reasonably practicable to prevent the run-off of waste materials. Page 12 of 24

Notes Following Visit Surface run off is collected at Treverbyn Pit and transferred via a drainage leat to Ruddle Pit which is shown below. The steel arm in the picture forms part of the pumping facility which exists to maintain the water level in the pit.

Condition Number and Description Condition 17. Lights and Floodlighting (General)

All practicable means shall be employed by the operators to minimise any adverse effects of lights and floodlights upon adjoining residential properties and to negate any resulting dazzle onto the public highway. Notes Following Visit There were no external lights in operation at the site and there are no outstanding complaints regarding any lighting being undertaken at the site.

Condition Number and Description Condition 18. Soil Handling

Where affected by operations in an approval area all available topsoil and subsoil shall be separately stripped in advance from operational areas whilst in a dry condition and either:

(a) stockpiled in an area to be approved by the MPA for later use in restoration (the topsoil and subsoil shall be stored separately)

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(b) transferred directly to areas prepared for surface treatment.

On reinstatement the subsoils shall be replaced first and shall be loosened by cultivation across the contour, prior to spreading of the topsoil in dry ground conditions.

Footnote:

In this context the phrase 'dry' conditions shall mean not saturated or waterlogged by rainwater penetration, normal low moisture content being acceptable.

Notes Following Visit Due to the nature of the operations at the site there is no requirement to disturb surface soils at this time. Therefore this condition is not considered applicable at this time.

Condition Number and Description Condition 19. Archaeology and Historic Environment (Code of Practice)

Within 12 months from the date of this determination or such other time as may be agreed in writing by the MPA, the operators will submit an Archaeological Code of Practice to the MPA for approval which sets out procedures for :

(a) consultation and co-operation between the operators and the MPA

(b) the assessment and evaluation of the impact of the Schemes of Working on archaeological and historic sites and landscapes

Notes Following Visit The required scheme was received by the MPA on the 06/11/2001 and is acknowledged to have since been signed off as acceptable.

Condition Number and Description Condition 20. Archaeology and Historic Environment (General)

In the interim period before the Schemes of Working and Site Specific Conditions required by Condition No. 5 have been approved by the MPA, where the operators intend to implement development beyond the current working areas of the mineral site which impacts upon a site identified on "The Archaeological Unit, 1991, the operator will agree a scheme to record or conserve the site with the MPA. Notes Following Visit 24 sites of archaeological interest have been identified within or close to the Operational Area all of which are located around the periphery of the site and do not fall within working areas. Therefore this condition is not currently relevant to this site.

Condition Number and Description Condition 21. Prior Cessation of Working

In the event of a cessation of winning and working in minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 (of the Town and Country Planning Act 1990), a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for the approval of the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise

Page 14 of 24 agreed in writing with the MPA. Notes Following Visit This is a post dated condition.

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3. Compliance with Planning Conditions NR/73/00001/MIN - Decision Notice 58597/C dated 12/12/1973

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit It was not possible to identify whether this permission had actually been previously implemented.

Condition Number and Description Condition 2. Road

The new road between Singlerose and Carluddon shall be constructed and brought into use to the satisfaction of the Local Planning Authority prior to the development hereby permitted taking place. Notes Following Visit There were no records on file which identified the route of the `new road between Singlerose and Carluddon. It was therefore not possible to confirm whether the road had ever been built or be able to monitor the condition of the development.

Given the time which has passed since the decision notice was approved the MPA does not consider it expedient to pursue any matters relating to this condition. The future use and restoration of this site should be identified and confirmed as part of the current review process.

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3. Compliance with Planning Conditions NR/65/00005/WAS - Decision Notice 27960/CS dated 26/07/1965

Condition Number and Description Condition 1. Extent of Development

No operations for the winning and working of china clay, china stone, mica sand and allied minerals, or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500 scale plans Nos:

6 Ref. C/17 - C/18 Sheet No. 3. 6 Ref. F/5 - F/6 Sheet No 1. Notes Following Visit The land coloured pink on the referenced plans refer to roadside verges on the Stenalees to Carclaze Road. All of the highlighted areas fall outside Penhale Operational Area.

Condition Number and Description Condition 2. Restoration

If in consequence of operations carried out on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink in the plans detailed in Condition No. 1, the said land shall be restored to its former level and condition and otherwise made good as often as any such subsidence or damage shall occur; provided that this condition shall not apply to any subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes. Notes Following Visit The land coloured pink on the referenced plans refer to roadside verges on the Stenalees to Carclaze Road. All of the highlighted areas fall outside Penhale Operational Area.

Condition Number and Description Condition 3. Roads

Work shall be carried out as may be agreed with the County Council to prevent any materials or surface water from any dumps either falling or flowing onto the County Road. Notes Following Visit The land coloured pink on the referenced plans refer to roadside verges on the Stenalees to Carclaze Road. All of the highlighted areas fall outside Penhale Operational Area.

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3. Compliance with Planning Conditions NR/64/00003/P_MIN - Decision Notice 26974/C dated 29/03/1965

Condition Number and Description Condition 1. Control of Development

No operations for winning and working of china clay, china stone, mica, sand and allied minerals, or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plan Nos:- 6 Ref. C/17, C/18 Sheet No. 1., Sheet No. 2., Sheet No. 3. 6 Ref. F/5, F/6 Sheet No.1., Sheet No.2., Sheet No.3. 6 Ref. C/.13, C/14 Sheet No. 1. 6 Ref. F/1, F/2, C/9 Sheet No. 5. 6 Ref. F/1, F/2 Sheet No.2., Sheet No.3., Sheet No.4. 6 Ref. E/.7, E/8 Sheet No. 2. 6 Ref. B/7, B/8 Sheet No.1., Sheet No.2., Sheet No.3., Sheet No.4 6 Ref. F/7, F/8 Sheet No. 3., and C/23, C/24. 6 Ref. C/9 , C/10 Sheet No.1., Sheet No.2., Sheet No.3. 6 Ref. C/.27 , C/28 Sheet No. 1. 6 Ref. E/.3 , E/4 Sheet No. 2.

Notes Following Visit The condition refers to twenty two plans highlighting areas coloured pink which refer to roadside verges throughout the China Clay District.

The plans provided at the time of the decision notice were very basic plans with little if any defining features. Given the number of highway diversions in the China Clay District and continual changes to the landscaping features over the past fifty years it was not possible to identify the exact location of the highway verges.

Of the areas which can be identified falling within Penhale Operational Area, given the number of years since the decision notice was issued and the number of approved changes to highway routes within the District the MPA does not consider it expedient to pursue any matters relating to this condition.

Condition Number and Description Condition 2. Restoration

If in consequence of operations carried out on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink on the plans detailed in condition No.1., the said land shall be restored to its former level and condition and otherwise made good as often as may such subsidence or damage shall occur; provided that this condition shall not apply in relation to any subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes.

Notes Following Visit The condition refers to twenty two plans highlighting areas coloured pink which refer to roadside verges throughout the China Clay District.

3. Compliance with Planning Conditions NR/53/00004/MIN - Decision Notice 22636/CS dated 16/12/1963

Condition Number and Description Condition 1. No operations for the winning and working of china clay, china stone, mica sand and allied minerals or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plans Nos. 6" Ref. F/7, F/8, F/9, F/10,. Sheet No. 1, F/7, F/8 Sheet No.2. Notes Following Visit The land coloured pink on the referenced plans refer to two roadside verges on the St Austell to Bugle Road (B3374) between Carclaze and Penwithick. Both of the highlighted areas fall outside Penhale Operational Area.

Condition Number and Description Condition 2. Consequence of operations carried out

If in consequence of operations carried out on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink on the attached 1/2500th scale plans Nos. 6" Ref. F/7, F/8, F/9, F/10, Sheet No.1 and F/7 F/8 Sheet No. 2, the said land shall be restored to it's former level and condition and otherwise made good as often as any such subsidence or damage shall occur; provided that this condition shall not apply in relation to any subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes. Notes Following Visit The land coloured pink on the referenced plans refer to two roadside verges on the St Austell to Bugle Road (B3374) between Carclaze and Penwithick. Both of the highlighted areas fall outside Penhale Operational Area.

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3. Compliance with Planning Conditions NR/53/00001/P_MIN - Decision Notice 22637/CS dated 16/12/1963

Condition Number and Description Condition 1. Extent of development

No operations for the winning and working of china clay, china stone, mica, sand and allied materials or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plans nos. 6 Ref. E/3 - E/4 sheets Nos 2, 3, 4 and 5. B/7 - B/8 sheets Nos. 1, 2, 3 and 4. Notes Following Visit The land coloured pink on the referenced plans refer to roadside verges on the Stepaside to Tregears Road and on the St Dennis and Nanpean Road (B3279.All of the highlighted areas fall outside Penhale Operational Area.

Condition Number and Description Condition 2. Land Restoration

If the consequence of operations carried out on the site any subsidence or other damage is cause either directly or indirectly to the land coloured pink on the attached 1/2500th scale plans Nos. 6 Ref. E/3 - E/4 Sheets Nos. 2, 3, 4 and 5. B/7 - B/8 Sheets Nos 1, 2, 3 and 4, the said land shall be restored to its former level and condition and otherwise made good as often as any such subsidence or damage caused in consequence of any working of mineral which takes place after the said land had been acquired under statutory powers for highway purposes. Notes Following Visit The land coloured pink on the referenced plans refer to roadside verges on the Stepaside to Tregears Road and on the St Dennis and Nanpean Road (B3279.All of the highlighted areas fall outside Penhale Operational Area.

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3. Compliance with Planning Conditions NR/53/00002/P_MIN - Decision Notice 22719/CS dated 16/12/1963

This is an unconditional permission.

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3. Compliance with Planning Conditions NR/61/00004/MIN - Decision Notice 58597/C dated 27/11/1961

This is an unconditional permission.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed

Issues to be addressed by MPA Designated Officer Details NR/08/00461/P_ROMP - Decision Notice 97/00965Review of Mineral Planning Permissions dated 10/02/98 • Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational Areas Consider the acceptability of the submitted information and respond to the applicant accordingly. Application originally received by the MPA on the 1st December 2009.

Issues to be addressed by Operator NR/08/00461/P_ROMP - Decision Notice 97/00965Review of Mineral Planning Permissions dated 10/02/98 • None at this visit

Issues to be addressed by MPA Designated Officer Details NR/73/00001/MIN - Decision Notice 58597/C dated 12/12/1973 • None at this visit

Issues to be addressed by Operator NR/73/00001/MIN - Decision Notice 58597/C dated 12/12/1973 • None at this visit

Issues to be addressed by MPA Designated Officer Details NR/65/00005/WAS - Decision Notice 27960/CS dated 26/07/1965 • None at this visit

Issues to be addressed by Operator NR/65/00005/WAS - Decision Notice 27960/CS dated 26/07/1965 • None at this visit

Issues to be addressed by MPA Designated Officer Details NR/64/00003/P_MIN - Decision Notice 26974/C dated 29/03/1965 Page 23 of 24

• None at this visit

Issues to be addressed by Operator NR/64/00003/P_MIN - Decision Notice 26974/C dated 29/03/1965 • None at this visit

Issues to be addressed by MPA Designated Officer Details NR/53/00004/MIN - Decision Notice 22636/CS dated 16/12/1963 • None at this visit

Issues to be addressed by Operator NR/53/00004/MIN - Decision Notice 22636/CS dated 16/12/1963 • None at this visit

Issues to be addressed by MPA Designated Officer Details NR/53/00001/P_MIN - Decision Notice 22637/CS dated 16/12/1963 • None at this visit

Issues to be addressed by Operator NR/53/00001/P_MIN - Decision Notice 22637/CS dated 16/12/1963 • None at this visit

11. Summary None The Operational Area is part of the Carthew District and lies to the north of St Austell. It occupies land between the villages of Carthew, Ruddlemoor, Screda and Penwithick and is bounded on all sides by the public highway.

The greater part of the site is “non operational” however mica disposal continues on Penhale Dam. Ruddle Pit continues to be used as a strategic water reserve receiving discharge from Great Treverbyn Pit and West Carclaze Dam and contributing to the water supply at Lansalson Pit.

Developments at the site are governed by the conditions in the overarching 1998 China Clay ROMPs and the conditions in seven original permissions dating between 1961 and 1973. The site is defined as an Operational Area in Schedule A of the 1998 ROMPs which required a Site Specific Scheme of Working to be submitted and approved. The Scheme of Working was submitted to the MPA on the 1st December 2009, but had not been determined or approved at the time of this visit. Once this is approved, the Working Scheme will hopefully confirm the future restoration requirements for this site.

There are no outstanding complaints regarding any aspects of development or associated impacts at this site and no concerns were identified during this site inspection.

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