Penhale China Clay Works Penhale St Austell on 23

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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 Page 1 of 24 Page 2 of 24 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. Page 3 of 24 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 Page 4 of 24 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. Page 5 of 24 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. Page 6 of 24 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.
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