1.0 RECOMMENDATION

1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions within Appendix 2.

2.0 THE PROPOSAL

2.1 Sand extraction has taken place in the area for over 50 years. Planning permission for the current processing area at New Cowper was renewed in 1988. This was followed by a series of consents for a bagging plant and hopper and other buildings in 1991. In 2000 these were consolidated into a single planning permission, reference 2/00/9002, that expired on 30 September 2006. The submitted planning application seeks to vary Conditions 1 and 5 of that planning permission.

2.2 Operations on site involve processing of sand and gravel and its dispatch to customers either as bulk loads or in large bags. As well as sand and gravel, crushed rock is imported to the site for bagging as back loads on vehicles coming to collect material from the site. This enables the applicant to supply mixed loads of crushed rock and sand which would typically go to builders’ merchants.

2.3 Condition 1 limited the life of the planning permission to an expiry date of 30 September 2006. By that date all buildings, plant and machinery were to have been removed from the site and the land restored to an agricultural after use. This application seeks to extend the completion date to 31 December 2008 to allow the retention of the plant on site for a further two year period. This expiry date would coincide with the expiry date of the permission for the current New Cowper Quarry, reference 2/03/9022, from which material is transported to the plant using an internal access haul road.

2.4 Condition 5 of the current consent states: ‘Only sand and gravel from Overby Quarry (planning permission 2/95/9007, due to expire on 31 October 2010), New Cowper Farm (planning permission 2/99/9007 and 2/98/9011, both now completed and restored) and Bullgill Quarry (planning permission 2/98/9026 expected to be exhausted by July 2007) shall be processed on the site.’ This application seeks to either delete this condition or update the wording so that it reflects the current situation, in relation to also process material from the current New Cowper Permission, reference 2/03/9022.

2.5 Whilst this application relates to two conditions the fact that the time period has expired enables the County Council to consider both the principle of the continued use of the site and to review all the conditions on any new planning permission.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Borough Council has no objections to the extension of the life of the plant to 31 December 2008 and the continuation of material extracted from the New Cowper, Overby and Bullgill Quarries to be processed and bagged on site. The council does object to the continued processing and bagging of other imported materials which they believe should be carried out in a more suitable industrial location.

3.2 Parish Council make the following comments:

• There is no objection to the continuation of sand extraction until 31 December 2008 and the new consent should have all the previously agreed conditions placed on it and the applicant should comply with the requirement to remove all the buildings and restore the site to agriculture

• This is not an extension to an existing consent because it expired on 30 September 2006. This should be considered as a new application and importation of materials should be excluded

• Importing coloured chippings and slate chippings for bagging is not legal and should have been fully discussed and a planning application required

• The vehicle sizes, the number of empty wagons, those travelling unsheeted and in convoys have not been adequately controlled and they are causing damage to the road surface, destroying verges and affecting wildlife

• The council does not agree with the retention of the building on site which they believe is asbestos. They believe it was erected and then was granted consent retrospectively. It was second hand when it was erected and the Parish Council had always been told that it would be removed and the land returned to agriculture. It is the owner’s responsibility to remove it.

• If permission is granted the vehicles should be regularly monitored

3.3 Westnewton Parish Council which is the neighbouring Parish Council have referred to the joint document in their consultation response and they make the following detailed comments:

• The information submitted with the application indicates that a fair proportion of the quarried minerals will be going outside and is not for local use

• The proposed level of extraction seems to exceed the allocation for Cumbria

• The applicant is importing minerals for mixing and this is not part of the planning consent

• The above points lead to more traffic being generated than is necessary, there is a higher level of vehicles than is permitted already accessing the site, the applicant does not adhere to the restrictions on vehicle numbers imposed and this is not monitored adequately by the Local Planning Authority

• The vehicles are getting larger, carry more weight and there are increased numbers of journeys on inappropriate roads.

• If consent is granted the roads would become more damaged and more dangerous

• The lorries intimidate other road users including cars, pedestrians, cyclists and horse riders.

For the reasons above they recommend that the application should be declined.

Westnewton and Holme St Cuthbert Parish Councils submitted a joint detailed objection to the Local Planning Authority in January 2006, in advance of this application and the application for an extension at Overby Quarry (2/06/9033). This is the document that Westnewton refer to above. A copy of this report was included with the Briefing Note that accompanied the site visit attended by members on 8 December 2006 and a full copy will be circulated to members separately before Committee.

3.4 The Highway Authority has no objections to the proposed extension of time. They state that the highway is in bad condition leading from the Processing Plant in both directions. They require the applicant to contact Cumbria Highways to discuss making good the extraordinary damage to the highway under Section 59 of the Highways Act 1980, as a result of the quarry operations. This would include cleaning of the carriageway surface, verges and ditches, carriageway repairs, the removal of the two gates forming the crossing point over the U2039, the reinstatement of the highway verge and the removal of signs associated with the plant.

3.5 The Environment Agency are concerned that if any of the redundant plant is suspected of containing asbestos it should be subject to suitable testing and if necessary should be dealt with by an Asbestos Removal Contractor. Any asbestos material should be taken to a waste management facility that is suitably licensed.

3.6 Natural : Geology, Landscapes and Soils Team confirm that they do not wish to raise an objection and comment that agriculture is the preferred after use due to the Predictive Agricultural Land Classification Map indicating a high likelihood (ie > 60%) of the land in this area being classified as ‘best and most versatile’ (namely Grades 1, 2 and 3a) if surveyed at field scale. They confirm that they have concerns about the soil handling and replacement strategy on this site and that only the topsoil has been stripped and stored for restoration purposes. An Aftercare Scheme that addresses these concerns is required. Also in order to ensure that restoration works are carried out under favourable conditions, soil replacement, cultivation and seeding need to be completed by a deadline of no later than 30 September rather than 31 December as proposed.

3.7 They state that the proposal to retain and re-use the building in the countryside should be determined in accordance with Para 17 of PPS 7; taking account of sustainable development objectives, including an assessment of the potential impact on the countryside, landscapes and wildlife, specific need and suitability for re-use.

3.8 The local Member Mr A Markley has been notified.

3.9 Representations have been received from seven individuals. One resident has written four times to support the objections raised in the joint document from the Parish Councils and raised the following points. The stockpiling and bagging of imported material has not been included within any planning application and has been allowed to continue without any formal consent. When this was raised with the previous case officer it was stated that there was no condition preventing it

from happening and that the total number of laden vehicles leaving the site would still be controlled by the relevant condition.

3.10 He states that the county council does not have the means to police a condition controlling vehicle numbers because they do not have access to weighbridge records and this results in the quarry owner dictating the total number of lorry movements. The writer states that the LPA should apply Policy 69 and seek a planning obligation or other legal agreement rather than rely on conditions alone. He disagrees with the applicant being permitted to import materials for bagging to make up mixed orders because this suits the quarry owner but causes nuisance to residents through increased traffic movements. He believes the site should deal with the indigenous material alone. He states that the planning authority should seek to minimise impacts of minerals developments on climate change and secure sound working practices, both objectives of the Minerals and Waste Development Framework, by preventing the importation of materials and controlling vehicle numbers effectively.

3.11 He states that the consent has expired and they are currently operating without consent and he considers the extension of time to December 2008 is unreasonable. He states that the conditions that do exist relate only to ‘laden vehicles leaving the site’ and do not take account of vehicles arriving laden and leaving empty which also cause nuisance. The exception in the condition that allows 40 vehicles on 50 days is also an opportunity to exceed the permitted numbers without detection. He is concerned that the quarrying in the area will continue to extend without real consideration given to the residents. He believes that there should be more consultation with residents as part of the Statement of Community Involvement. The B5301 which is the route taken by lorries to is too dangerous for lorries and tourism is affected by the presence of the lorries which discourage cyclists, horse riders and pedestrians. His final letter contained comment following the committee site visit where he reiterates his concerns about the processing plant operating without consent, the importation of material and the lack of control over the number of lorries on the B5301.

3.12 A resident of Westnewton village objects to the increase in size and volume of lorries that cause vibration and noise. The applicant’s lorries have twice caused damage to his garden wall which has subsequently been repaired by the applicant but this demonstrates that the B5301 is not adequate for this type of traffic and this makes it dangerous.

3.13 A resident farmer in a property adjoining the B5301 objects to the cracking of house walls, destruction of the verges, erosion of hedgerow root systems and walling at the base of the hedgerows which Natural England are encouraging farmers to retain, caused by the increase in size and volume of lorry traffic.

3.14 A resident at Yearngill who lives adjacent to a narrow section of road objects to the nuisance caused by lorries travelling in convoy and lorries waiting by the garden boundary to allow another lorry to pass in the opposite direction which causes noise and fumes in the garden.

3.15 A resident at Westnewton is concerned about numbers of lorries exceeding that specified in the condition, increased lorry size, importation of material increasing the number of vehicle trips, hazards to other road users caused by lorry convoys and lorries passing each other, the road network not being suitable for the level

and size of traffic generated by the quarries and damage to road surfaces, verges and houses. He is also concerned that the quarried sand is for use outside Cumbria and that monitoring by the county council is not controlling the numbers of lorries. All this leads to significantly worsen the impact of this operation on the population and environment of the area.

3.16 A further resident in Westnewton objects to the numbers of lorries and importation of material. At the public meeting he states that there is considerable concern from residents that there is not sufficient control of numbers of vehicles. He states that the there needs to be full access to records indicating the numbers of vehicles, regardless of commercial sensitivity, to ensure the correct amount of control is imposed to balance commercial needs against the needs of the community. He states that the key objective of the new MWDF, “To secure sound working practices so that all environmental impacts of minerals and waste developments, including traffic, are kept to a minimum” should be applied with this application.

4.0 PLANNING ASSESSMENT

4.1 This application seeks permission to extend the life of the New Cowper planning permission until December 2008, to enable the plant to process material arising mainly from the adjacent New Cowper Quarry and to permit the continued operation of the bagging plant. The site is some distance from the nearest residential property and the Highways Authority have raised no objections. The site has operated for over 15 years and its continued use for this limited period to process remaining reserves would normally be considered acceptable. However, the parish councils and members of the public have raised a number of objections.

Traffic Movements

4.2 The main issue raised in objections to this application is the impact of heavy goods vehicles transporting material into and out of the site on the road network, in particular on the B5301 between the site and Aspatria. This road passes only a small number of residential properties, mainly at Westnewton and Yearngill, before it reaches Aspatria and the A596. The route does include pinch points, a narrow bridge and sections with corners that have poor forward visibility. The Highways Authority has raised no objections to this application.

4.3 Local concerns relate both to the number of vehicles and the intimidating effect of large vehicles on other road users including cars, pedestrians, cyclists and horse riders. They also believe that the import of crushed rock for bagging, which they believe is unauthorised, adds to these problems.

4.4 The planning permission for New Cowper was subject to a condition limiting the number of loaded vehicles leaving the site to 32 on any week day and 16 on Saturdays, with the exception of up to 50 days per year when the number not to be exceeded was 40 loads. The condition also required the operator to maintain records of laden vehicle movements and to make them available to the County Council.

4.5 The permission for processing of sand and gravel at this site was linked to

permissions for extraction from the nearby New Cowper Quarry and to material imported from two other quarries on the public highway, the nearby site at Overby and Bullgill Quarry about 7 miles away. Whilst not taking place elsewhere in Cumbria the situation of having a main processing site served by a number of satellite extraction sites is not unusual because it is often uneconomic to provide a full range of processing plant at every site. In the case of this site it has been used to process material from Quarry and other adjacent areas as well as itself being a former sand and gravel quarry.

4.6 The planning permission limited the number of loads that might be transported from nearby Overby Quarry to 10 per day, 5 on Saturdays. No restriction was imposed on imports from Bullgill Quarry but the permission for that site was subject to a separate output limit of 30 per day, 15 on Saturdays. As the condition on the New Cowper permission applies only to loaded vehicles it does not prevent vehicles importing material to the site leaving the site empty. There is also no condition limiting the output from Overby Quarry, traffic from which will also travel along the B5301 to Aspatria.

4.7 Local residents believe that the conditions restricting the number of lorry movements are not adhered to. They believe the applicant allows lorry numbers to increase beyond the permitted levels, when demand for the material is high, without consultation with the Local Planning Authority or the community. They also believe that the County Council does not monitor this activity to ensure that the applicant complies with the planning permission.

4.8 Officers investigated these allegations by obtaining records of sales from the site initially from November 2003 to the end of 2006, and subsequently to June 2007, and by undertaking a week long study using a traffic counter between 28 February and 4 March 2007 on the route from the entrance of the New Cowper Processing Plant to the junction with the B5301. Officers have also had a number of detailed discussions with the applicants regarding their operations in this area.

4.9 The records provided by the applicant are weekly summaries of weighbridge records sent from the site to the applicant’s head office which break the output of the site down into bagged material, transported on articulated vehicles, and bulk loads in tippers. (The summaries also cover material dispatch from Overby and Bullgill Quarries). Analysis of these records did not reveal any significant non- compliance with the output limit from the site over a three and half year period.

4.10 The week long study was based on a counter placed in the highway for a period of one week. Whilst not able to directly identify quarry traffic, a count based on vehicle sizes again indicated that vehicle numbers were within the levels permitted by condition and that early morning traffic, another issue occasionally raised in relation to this site, did not exceed permitted levels (a condition restricted output between 6.00pm and 7.00am to 4 loads of bagged material only). The findings of the study did not indicate any breach of traffic conditions.

4.11 Discussions with the applicant confirms that they are well aware of the issue, of the need to comply with the conditions on the permission and also of the need to instil in their drivers that they should drive safely at all times. (The applicant has a detailed code of practice for its drivers, which includes instructions to avoid convoying, need to sheet loads and drive safely at all times).

4.12 The applicant has also recommenced the New Cowper and Overby Quarry Area Liaison Committee meetings to provide a forum for the local community to raise issues and three meetings have taken place this year.

4.13 I consider that while there is a widespread view in the area that the applicant flouts controls on vehicle movements, this is not borne out by the evidence I have obtained from the site records and from the traffic count. The complex nature of operations at New Cowper, involving vehicles importing sand and gravel for processing by road from external sites and leaving the site unladen, combined with the operation of Overby Quarry from which output is not restricted, means that the number of vehicles on the public highway may significantly exceed the limits on the planning permission. However, this does not involve a breach of the condition controlling output which relates only to laden vehicles leaving New Cowper.

4.14 It would clearly be beneficial to bring all vehicle movements under control in order to properly regulate the level of traffic on the B5301. There are current applications to extend the Overby site to replace New Cowper when it closes, which if this permission is granted would be at the end of 2008. In the event the Overby applications were granted the applicant would have only one operating site in the area with no imports of sand and gravel from elsewhere. The situation would be clear and the current issue about whether or not planning conditions are being complied with would be simpler to address.

4.15 However, it is not possible to control levels of traffic from Overby by attaching conditions to this application if granted. Nor would it be reasonable to seek to reduce the level of output from New Cowper at this late stage in the site’s operation. To do so would cause disruption to the applicant’s business, which without a period of notice in which to make other arrangements would be damaging. Some reduction in traffic will happen anyway as Bullgill Quarry, which has contributed to imports to this site, is now exhausted and traffic from this source has ceased or will do so shortly. I would therefore propose that conditions on traffic movements should remain as they are now if this application is granted. I will explore with the applicant options for a modern recording system to ensure vehicle movements are recorded in a rigorous and transparent way.

Other Imported Material

4.16 In addition to sand and gravel from identified sources, some crushed rock, limestone and decorative chippings are imported for bagging. This material is generally brought to the site as return loads by vehicles collecting material from New Cowper and is estimated to be less that 10% of the total output of the site.

4.17 This material is not specifically identified in the planning permission and it has been alleged that its import is therefore unauthorised. I have taken the view that the bagging plant is a separate activity to the processing of sand and gravel. Prior to the consolidating application in 2000, it had a separate planning permission and correspondence from as far back as 1992 refers to ‘sand and aggregate’ bagging operations. Providing that the operator complied with overall limits on laden vehicles leaving the site, as set out in the planning condition, this activity was not considered to be in breach of the planning permission.

4.18 If permission is granted I would propose to amend conditions to clarify its status

but also to limit imports of materials to delivery to the site by vehicles travelling there to collect loads.

4.19 The net effect of importing crushed rock for bagging is that whilst it does not increase traffic significantly on a daily basis (or at all if material is restricted to return loads) it must over time result in additional traffic above that which would be generated if only sand and gravel from the area is processed. For the reason set out in 4.15 it would be unreasonable to stop this activity without notice. However, the current applications for Overby propose relocating the plant to that site if permission is granted and the appropriateness of importing material will be reviewed as part of considering those applications.

Restoration Scheme

4.20 There are a number of buildings on the processing plant floor which are proposed to be removed as part of restoration of the site for agricultural use. The original restoration scheme included landfill to create a landform similar to that prior to sand excavation. The scheme indicated the entire area would be returned to grassland for agricultural use.

4.21 As the approved scheme cannot now be implemented because of the lack of appropriate material, a revised restoration scheme has been submitted to accompany this application that proposes lower level restoration and the retention of the former settlement lagoon to form a pond. In addition one of the works sheds, measuring 41m by 23m, is proposed to be retained for future use for agricultural purposes.

4.22 The new proposed landform is a realistic design that can be achieved by relatively minor remodelling of the existing landform. The retention of the pond, has long term potential as a habitat for wildlife.

4.23 I do not consider the retention of the building is acceptable as its removal would allow a landform to be created that is more appropriate for an agricultural after use. Natural England’s Geology, Landscapes and Soils Team were concerned that when buildings are left in inappropriate places they are likely to attract inappropriate uses and Holme St Cuthbert Parish Council do not support its retention as part of the restoration scheme.

4.24 I have therefore concluded that this aspect of the restoration scheme as submitted is not acceptable and in the event permission is granted would propose a condition requiring a final scheme to be agreed. (Other conditions of the permission would require removal of all buildings).

4.25 In terms of other impacts, the site has operated for many years and has not given rise to any significant problems, other that sand on the highway. The Highways Authority have raised the issue of damage to the public highway but have also indicated that the applicants have already undertaken substantial works to parts of the affected road and are aware of their responsibilities under the legislation to pay for exceptional damage.

Human Rights Act 1998

4.26 The proposal will have a limited impact on the visual and environmental amenity

of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are limited and proportionate to the wider social and economic interests of the community.

Conclusion

4.27 This application seeks permission to retain a processing plant which has operated for at least the last 15 years, until December 2008, essentially to enable it to be used to process remaining reserves within an adjacent quarry. There are local concerns particularly over the levels of traffic associated with quarries in the area.

4.28 Because of these concerns I have delayed bringing this application forward whilst the matter of compliance with planning conditions has been investigated. The evidence available does not indicate significant breaches of the output limit on this site although because of other operations in the area and permitted imports into the site the local belief that these levels are being exceeded is understandable. The situation should improve with the closure of Bullgill and there is an opportunity to further review the issue of quarry traffic use of the B5301 as part of the consideration of applications to extend Overby Quarry.

4.29 I recommend that planning permission is granted subject to the existing output limits but with an additional condition to limit crushed rock imported for bagging to return loads only.

Shaun Gorman Head of Environment

Contact Miss Lesley Hulett, Kendal, tel: 01539 773114, email: [email protected]

Background Papers Planning Application File Reference No. 2/06/9020

Electoral Division Identification – Mr A Markley

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Appendix 1 Ref No. 2/06/9020 Development Control and Regulation Committee – 27 July 2007

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED)

SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council before granting permission are those identified in relation to conditions on the planning permission.

3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No 2/06/9020 Development Control and Regulation Committee: 27 July 2007

PROPOSED SCHEDULE OF CONDITIONS

TIME LIMITS

1 This permission shall be for a limited period only expiring on 31 December 2008. By this date all buildings, plant and machinery shall have been removed from the site. The land shall be fully restored in accordance with a restoration scheme to be submitted by 31 December 2007 to the Local Planning Authority and when approved carried out in its entirety by 30 September 2009.

The restoration scheme is to indicate landscape proposals detailing tree, shrub and herbaceous planting including species, numbers, plant height and plant shelter with maintenance /after care proposals. The scheme is to include proposals which furthers habitat and species conservation in accordance with the Cumbria Biodiversity Action Plan with regard to UK Priority and Protected species that occur in Cumbria.

Reason: To secure the satisfactory restoration of the site following the approved period for this temporary development, in accordance with Policy 21 of the Cumbria Minerals and Waste Local Plan (Minerals and Waste Local Plan).

HOURS OF WORKING TRANSPORTATION

2 The processing and transport of sand shall be restricted to the hours between 07.00 to 19.00 hours Mondays to Fridays and 07.00 to 13.00 hours Saturdays. There shall be no processing and transport of material on Sundays, Public or Bank Holidays. This shall not, however, prevent the carrying out outside these working hours of essential maintenance or safety work.

Reason: To ensure that no operations takes place which would lead to an unacceptable impact on the amenity of local residents in accordance with Minerals and Waste Local Plan Policies 1 and 2.

3 Notwithstanding Condition 2, a maximum of four lorries per day transporting bagged material from the site shall be permitted between the hours of 06.00 and 07.00 Mondays to Saturdays and with the prior approval of the Local Planning Authority, the operation of the bagging plant shall be permitted for temporary periods between the hours of 06.00 to 07.00 and 19.00 to 22.00 on weekdays.

Reason: To ensure the economic viability of the permitted development by allowing bagged sand to be produced and transported to markets outside normal working hours without leading to an unacceptable impact on the amenity of local residents, in accordance with Minerals and Waste Local Plan Policies 1 and 2.

APPROVED OPERATIONS PROGRAMME

4 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any other order revoking and re- enacting that Order), planning permission shall be sought and obtained from the Local Planning Authority, before any buildings, structures, or erections, plant or machinery (other than those permitted by this permission) are erected on the site.

Reason: To maintain control over additional development on the site in the interest of amenity.

5 Only sand and gravel from Overby Quarry, New Cowper Farm Quarry (planning permission 2/03/9022) and Bullgill Quarry (planning permission 2/98/9026) shall be processed on the site.

For the avoidance of doubt this condition does not restrict the import of crushed rock for bagging.

Reason: To maintain control in the interest of amenity in accordance with Minerals and Waste Local Plan Policies 1 and 2.

ACCESS AND TRAFFIC

6 The total number of laden heavy goods vehicles leaving the site shall not exceed 32 on any week day and 16 on Saturdays. There will be an exception for 50 weekdays in any calendar year when the number shall not exceed 40. A record of all heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record and any dispatch notes used to compile it shall be offered to the Local Planning Authority on request.

Reason: To keep to acceptable levels the impact of lorry traffic on the amenity of local residents and other road users in accordance with Minerals and Waste Local Plan Policy 1.

7 The total number of laden heavy goods vehicles leaving Overby Quarry with sand to be processed at the New Cowper site shall not exceed 10 on any week day and 5 on Saturdays. There will be an exception for 50 weekdays in any calendar year when the number shall not exceed 15. A record of all heavy goods vehicles leaving Overby Quarry each day with sand to be processed at the New Cowper site shall be maintained by the operator and access to this record and any dispatch notes used to compile it shall be offered to the Local Planning Authority on request.

Reason: To keep to acceptable levels the impact of lorry traffic on the amenity of local residents and other road users in accordance with Minerals and Waste Local Plan Policy 1.

8 Crushed rock aggregates and other material for bagging shall only be brought to the site in vehicles travelling to the site to collect material.

Reason: To keep to an acceptable level the impacts of lorry traffic on the amenity of local residents and other road users in accordance with Minerals and Waste Local Plan Policy 1.

9 Adequate vehicle body and wheel cleaning facilities shall be provided on the site

and such facilities shall be used by all heavy goods vehicles leaving the site and maintained for the life of operations to prevent material from the site being deposited upon the public highway.

Reason: To prevent heavy goods vehicles carrying material onto the public highway in the interests of amenity and highway safety in accordance with Minerals and Waste Local Plan Policy 4.

10 The section of the access road from the vehicle body and wheel cleaning facilities to the public highway shall be maintained for the life of operations to prevent material from the site being deposited upon the public highway.

Reason: To enable the access to be swept so as to prevent vehicles carrying material onto the public highway in the interests of amenity and highway safety in accordance with Minerals and Waste Local Plan Policy 4.

11 The operator shall ensure that the access with the public highway shall be kept clean at all times.

Reason: In the interests of amenity and highway safety in accordance with Minerals and Waste Local Plan Policy 4.

12 All lorries used to transport loose material from the site shall be sheeted.

Reason: To ensure that material is not released into the air or deposited upon the highway in the interests of local amenity and highway safety in accordance with Minerals and Waste Local Plan Policy 4.

CONTROL OF DUST AND WINDBLOWN SAND

13 The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather shall spray the access road and operational areas including stockpiles with water to suppress dust and sand in order that it does not constitute a nuisance outside the site.

Reason: To safeguard the amenity of local residents by ensuring that dust and windblown sand does not constitute a nuisance outside the boundaries of the site in accordance with Minerals and Waste Local Plan Policy 4.

CONTROL OF NOISE

14 All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with the manufacturer’s recommendations.

Reason: To safeguard the amenity of local residents by ensuring that the noise generated in their operation is minimised and so does not constitute a nuisance outside the boundaries of the site in accordance with Minerals and Waste Local Plan Policy 2.

15 The free field equivalent continuous noise level (LAeq 1 hour) attributable to the operations hereby permitted shall not exceed 50 dB(A) at any noise sensitive

property.

Reason: To safeguard the amenity of local residents by ensuring that noise generated by the operations hereby permitted does not cause a nuisance outside the boundaries of the site in accordance with Minerals and Waste Local Plan Policy 2.

SAFEGUARDING OF WATER COURSES AND DRAINAGE

16 Throughout the period of working and restoration, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved operations.

Reason: To avoid the pollution of any watercourse or groundwater resource.

17 Any chemical, oil or diesel storage tanks on the site shall be sited on impervious bases and surrounded by impervious bund walls; the bunded areas shall be capable of containing 110% of the largest tank’s volume and should enclose all fill and drawpipes.

Reason: To avoid the pollution of any watercourse or groundwater resource in accordance with Structure Plan Policy 22.

CARE OF BOUNDARIES, HEDGES AND WALLS

18 The operator shall maintain and make stockproof until the restoration is completed all the existing hedges and fences including gates around the perimeter of the working, throughout the period of operations until the restoration and aftercare of the site has been completed.

Reason: To ensure that stock do not enter the working areas.

AFTERCARE

19 The site shall be subject to the requirements of an aftercare scheme under the provisions of Section 72(5) of the Town and Country Planning Act 1990. The scheme shall be submitted for the approval of the Local Planning Authority within one year of the date of this permission. The scheme shall include details of field boundaries, hedge planting and maintenance, drainage proposals, field water supplies, cropping, weed control measures, secondary cultivation treatments, soil analysis and ongoing soils treatment covering seeding, fertilising and grass utilisation. The aftercare requirements shall be carried out for a period of five years from the completion of restoration operations on each phase.

Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible in accordance with Minerals and Waste Local Plan Policy 22.

20 At least once each year during the aftercare period there shall be a formal review, under the provisions of Section 72(5) of the Town and Country Planning Act 1990, to consider the operations which have taken place on each restored

phase and to agree a programme of management for the coming year which shall be adhered to by the operator. The parties to be invited to attend this review shall include the mineral operator, the Local Planning Authority, owners and occupiers of the land and Natural England. At least 4 weeks before the date of this review the operator shall provide all people attending the meeting with a record of the management and operations carried out on each phase during the period covered by the review and a proposed programme of management for the coming year.

Reason: To secure the proper aftercare of the restored land and to allow its return to as high a quality as possible in accordance with Minerals and Waste Local Plan Policy 22.

APPROVED DOCUMENTS

21 The approved documents for this planning consent shall comprise:

21.1 The planning application letter of 25 September 2006 21.2 The planning application and supporting statement (letter dated 26 January 2000) submitted as planning application 2/00/9002 21.3 The details required by conditions attached to this permission 21.4 The Decision Notice

Reason: To define the approved scheme for the avoidance of doubt.

22 From the commencement of the development to its completion a copy of this permission including the approved documents and other documents subsequently approved in accordance with this permission, shall always be available on site for inspection during normal working hours. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.