DEVELOPMENT CONTROL AND REGULATORY BOARD

16TH APRIL 2015

REPORT OF THE CHIEF EXECUTIVE

COUNTY MATTER

PART A – SUMMARY REPORT

APP.NO. & DATE: 2015/0262/07 (2014/ROMPEIA/0250/LCC) – 20th November 2014

PROPOSAL: Application for the determination of conditions in accordance with the Review of Old Mining Permissions (ROMP) procedure, Leicester Quarry, Leicester Road, Ibstock.

LOCATION: Ibstock Quarry, Ibstock

APPLICANT: Ibstock Brick Ltd

MAIN ISSUES: The updating of conditions, particularly those relating to amenity, ecology, landscape, highways, and restoration.

RECOMMENDATION: Amend the submitted conditions to those as set out in Appendix 1 to the main report.

Circulation Under the Local Issues Alert Procedure

Miss. H. Worman CC.

Officer to Contact

Mr. P. Larter (Tel. 0116 305 7292) Email: [email protected]

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PART B – MAIN REPORT

Description of site

1 Ibstock Quarry (or as the operator refers to it Leicester Quarry) lies immediately north east of Ibstock and west of Ellistown, and approximately 1.5 kilometres south of Coalville. Planning permission for the extraction of clay at Ellistown was first granted in 1947 under an Interim Development Order (IDO). Further planning permissions for clay extraction were granted in 1951, 1957, 1958 and 1968. In 1998 the operator submitted an application for the consolidation of the existing planning permissions for clay extraction and the extension of the quarry void east and north east of the original quarry void, i.e. towards Ellistown. This application was granted in 1999.

Description of Proposal

2 The introduction of the Environment Act 1995 placed a requirement, under Schedule 14, for mineral permissions to be reviewed not less than every 15 years. This presents the Mineral Planning Authority the opportunity to assess the conditions attached to the mineral planning permissions at a mineral site and, if necessary, to bring them up to date with modern practices. The 15 years is taken from the date at which the most recent substantive mineral planning permission was granted.

3 In the case of Ibstock Quarry the latest conditions granted for a substantive planning permission for mineral extraction were those determined under the 1998 planning permission (reference 99/0261/07) issued on 23rd November 1999. Therefore, the due date for the submission of an application for the determination of new planning conditions was 23rd November 2014. The application to which this report relates was received on 20th November 2014 and is accompanied by an Environmental Statement. This review also includes three further planning permissions relating to the construction and operation of a haul road between Ibstock and Ellistown Brickworks, and the provision of a footpath as part of the quarry restoration scheme (references 2001/0926/07, 2001/0929/07, and 2003/0090/07).

4 Ibstock Brick Ltd has submitted a schedule of 59 new conditions to control the continued running of the quarry and its subsequent restoration. The vast majority of these conditions seek only to allow the continuation of the quarry’s operations as they operate today. However, there are some variations sought by the applicant which are as follows:  mineral extraction until 2059 and restoration by 2061, based on an annual extraction rate of 250,000 tonnes (the current end date for mineral extraction to cease and restoration to be completed is 31st December 2035);  increase to the depth and extent of mineral extraction;  to move the factory process lagoon within the site;  changes to the shape of the lake and woodland areas in the final restoration scheme; and  to retain the buildings on the site (including the brick making factories) after the exhaustion of the mineral reserves at the site.

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Planning Policy

National

5. The National Planning Policy Framework (NPPF) was published in March 2012 setting out the Government’s planning policies for England and how these are expected to be applied. It replaces previous government guidance and policy contained in Planning Policy Statements (PPSs). The NPPF states that development that accords with an up-to-date Local Plan should be approved. Paragraph 142 of the NPPF recognises the essential role that minerals play in supporting sustainable economic growth and quality of life, and thus, the importance of ensuring that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the Country needs.

Local

6. The relevant local development plan policies are contained within the Leicestershire Minerals Development Framework: Core Strategy and Development Control Policies document adopted in October 2009 and the North West Leicestershire Local Plan (adopted August 2002).

7. Policy MCS3 of the Leicestershire Minerals Development Framework explains that proposals for the extraction of brickclay will be allowed only where they will not cause unacceptable harm to the environment or communities.

8. Policy MCS11 states that the natural and built environment is to be protected by ensuring that minerals developments: do not have any unacceptable adverse impacts on natural resources, landscape, biodiversity, historic and cultural features, the character of settlements and residential amenity; have the highest standards of operational practice; and the development is designed to a high standard.

9. Policy MCS14 sets out the strategy for the National Forest, to make provision for the planting of woodlands, habitat creation, the creation of new leisure and tourism facilities and/or public access.

10. Policy MCS16 seeks to locate new mineral workings in close proximity to markets and the County’s lorry route network, and to maximise the use of means of transport other than by road.

11. Policy MCS17 seeks the reclamation of land at its earliest opportunity with high quality restoration and aftercare, with the use of best practice at the time to minimise public safety and, where appropriate, to priority after-uses listed within the policy.

12. Policy MDC4 prevents development which could have a significant adverse effect on the character, appearance, ecological, geological or amenity value of sites of regional and local importance including species identified in relevant Biodiversity Action Plans.

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13. Policy MDC5 prevents development in the countryside which would adversely affect the appearance and character of the landscape and the countryside unless there is an overriding need for the development.

14. Policy MDC6 seeks new woodland planting and landscaping, where appropriate.

15. Policy MDC7 protects archaeological remains from the impacts of minerals development by requiring a preliminary archaeological assessment or preservation in situ.

16. Policy MDC10 protects the best and most versatile agricultural land from significant loss unless at least one of five criteria has been met.

17. Policy MDC11 states that developments which would have a detrimental impact on the quality or flow of water or exacerbate flooding will not be allowed.

18. Policy MDC12 on health and amenity lists those effects which a minerals development could not generate.

19. Policy MDC13 states that a minerals development will be refused where there are unacceptable cumulative effects of either different impacts from a single development or the effects of a number of minerals developments in an area.

20. Policy MDC14 seeks not to allow proposals which would transport minerals by road where they could use non-road means, it would be detrimental to road safety and the highway network is unable to accommodate the traffic.

21. Policy MDC15 seeks not to allow proposals which would adversely affect a public right of way.

22. Policy MDC20 requires proposals to have satisfactory provision for reclamation and after-use.

23. Policy MDC21 requires proposals to, amongst other things, to enhance the quality of the landscape to the benefit of the local or wider community.

24. Policy MDC23 states that ancillary industrial development will be permitted where the proposal would not cause an unacceptable adverse impact or it has been demonstrated that there are environmental benefits in a close link to the extraction site. Permission will be limited to the life of the reserves.

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Consultations

Environment Agency

25. No objection. The opportunity should be taken to reinstate the Ibstock Brook to an open watercourse into the brickworks culvert at the edge of the quarry red line boundary. Mitigation measures to prevent surface run-off from soil stripping should be required. The restored quarry base is shown as a uniform body of water which to get the maximum value for biodiversity should have at least one side (ideally the south facing) of it shallow and planted up with common reed and backed by willow/alder to create wet woodland, the remaining margins should be shallow and shelved down to the deepest point. The Agency has suggested a number of conditions that the Planning Authority could attach to a new consent to achieve these matters.

Natural England

26. No objection to the effects of the proposal either on the River Mease Special Area of Conservation or the River Mease Site of Special Scientific Interest. The Authority should consider securing measures to enhance the biodiversity of the site.

Highway Authority

27. No objections in principle to the proposals as there is no change to the current traffic generated on the public highway from material hauled from the site to the Ellistown brickworks along Ellistown Terrace Road, and the extension of mining operations on the site and transport of bricks from the site is not likely to have any significant impact.

Leicestershire County Council Archaeology

28. Response not received.

Leicestershire County Council Ecology

29. The submitted restoration plan is acceptable in general principle, but there is scope for creating a more varied habitat and a more varied shoreline for the large pond. Habitat creation and restoration priorities may change in that time, and the current scheme may not be the best possible for wildlife. The general principle that restoration creates priority biodiversity habitats will still be applicable at the end of operational life, but the time for assessing the best mix of habitats to be conserved/restored/created should be made at the end of each operational phase, in order that current best practice and conservation priorities can be reflected in the scheme. Only one pond was surveyed for great crested newts. It is not clear why all the numerous ponds on and around the site were assessed as unsuitable, as no information on the assessment process has been submitted; this is unacceptable.

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Leicestershire County Council Landscape Advice

30. For the most part the existing works are reasonably well screened. There are concerns about the eastern boundary and the extension of the Phase 3A boundary up to bridleway N61, and the loss of a prominent section of hedgerow. A landscape buffer zone along this boundary would provide more effective screening for both the public right of way and the southwestern fringe of Ellistown. If a buffer zone is reserved at this stage, the area could be planted in advance of the excavation works. A continuous block of planting along the eastern boundary would be a more effective mitigation measure.

Public Rights of Way

31. In 2003, Ibstock Brick submitted Planning Application 2003/0090/07 to replace the existing master restoration plan. The amended plan included a public right of way to the east of the brickworks factory between Pretoria Road and Leicester Road. The route indicated as "Proposed Footpath" on the latest Restoration Masterplan would seem to fulfil the requirements of the 2003 planning consent. If so, the Company is required formally to dedicate this route as a public footpath. Public access in this area for the benefit of horse riders and pedal cyclists in particular would be further enhanced, if the Company is willing to dedicate the above route as a public bridleway rather than a footpath. This would enable a circular bridleway to be established within the area. In order to compensate for the potential loss of the "dead end" section of Byway Q92 which is of little public benefit in its current form, it is suggested that it would be appropriate for a public footpath to be formally dedicated by the Company as a link between Public Footpath N64 and the route above. Other comments relate to factual errors in the presentation of the public rights of way on submitted plans.

North West Leicestershire District Council - Planning

32. Response not received.

North West Leicestershire District Council – Environmental Health

33. Response not received.

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National Forest Company

34. The application proposes to extend the life of the quarry from 2035 to 2059. This doubles the remaining life of the quarry and significantly delays its restoration. The NFC considers that this delay further highlights the importance of progressive restoration being undertaken at this site and requests that plans setting out the phasing of the proposed restoration are requested from the applicant. The potential for further landscaping works to be undertaken now in non-operational areas should also be explored. Proposed woodlands should be located to enhance woodland connectivity within the site. The NFC is disappointed that access into the restored site is not part of the proposed Restoration Masterplan. The NFC requests that a detailed restoration plan is required providing further details on species mixes for the proposed woodland and demonstrate that the lake will be designed with varied bank profiles and incorporate shallows to accommodate a range of aquatic vegetation. The NFC states that a minimum of a 10 year aftercare period should be required.

Ellistown and Battleflat Parish Council

35. Response not received.

Ibstock Parish Council

36. Response not received.

Assessment of Proposal

37. This application should be determined in accordance with the development plan unless material considerations indicate otherwise. The relevant considerations in the determination of this proposal are its acceptability or not on amenity, ecology, the local landscape and its character, the local highway network, and the restoration scheme.

38. The two major alterations to the current working scheme are the expansion of the permitted extraction area to the east into an area defined by the company as phase 3a, and the extension of the time by when mineral extraction shall cease, from prior to 2035 to 2059 (to take into account the working of the proposed extension area, deepening of the quarry and an updated estimate of clay use). The current quarry operates satisfactorily and in recent years has not been the source of many complaints. The extant conditions relating to the protection of amenity and the environment have worked well in controlling the existing operations. Inclusion of similar conditions in the new consent to cover the existing operations and the proposed extensions (both in terms of duration and the physical extensions) would be appropriate. Therefore, the inclusion of conditions controlling these aspects of the development would make the development acceptable and meet the requirements of policies MCS3, MCS11, MDC5, MDC10, MDC12, MDC13, MDC14, and MDC15.

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39. The submitted details contain an assessment of the current ecological status of the site. The assessment concludes that the only protected or notable species that may be affected by the continuation of the workings are badgers but this would not be until much later on in the development of the quarry. A condition related to this aspect could mitigate any effects that may occur on the badger population as the quarry expands. The County’s ecological advisor makes reference to the lack of actual surveys undertaken on all of the ponds in the vicinity of the quarry. In light of this the applicant has committed themselves to undertaking such a survey and upon receipt of this any mitigation could be developed.

40. Natural England has raised no objection to the effects of the proposal either on the River Mease Special Area of Conservation (SAC) or the River Mease Site of Special Scientific Interest (SSSI). In accordance with Regulation 61 of the Conservation of Habitats and Species Regulations 2010 the effects of the proposal on the River Mease has been screened by the Mineral Planning Authority, as the competent authority, and it has been found that no further assessment is needed under these regulations.

41. Additional comments from Natural England refer to the consideration of securing measures to enhance biodiversity. In the long term this would be effected by the restoration of the quarry and this is considered later on in this report, but there are opportunities in the shorter term to achieve this outcome. Therefore, it is recommended that a condition be added to the consent for the applicant to provide bird and bat boxes within the site. The addition of the three conditions on ecology to the scheme put forward by Ibstock Brick would make the development acceptable. Therefore, with the addition of the three ecology conditions the proposal meets the requirements of Section 40 of the Natural Environment and Rural Communities Act 2006 to have regard to the conservation of biodiversity. Similarly, the requirements of the Habitats Directive and the Wildlife and Countryside Act 1981 would be met. On this basis the development is acceptable in terms of ecology and meets the requirements of policies MCS11, and MDC4.

42. The effect of the development on the highway is stated by the applicant not to result in any changes to the current traffic generated. This is on the basis that a maximum of 40 loads a day are exported to the Ellistown brickworks and the remainder of the extracted clay remains on site for use by the adjacent brickworks. No complaints have been received by the Mineral Planning Authority on the movement of clay to the Ellistown works. Subject to the movements staying the same and the accesses off Whitehill and Leicester Roads being maintained in their current form the development would be acceptable and meet the requirements of policies MCS11, MCS16 and MDC14.

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43. The proposed deepening of the quarry to make full use of the clay reserves present would not have any noticeable effect on the landscape from public vantages into the site and this is an acceptable change to the current scheme of working. The proposed lateral extension of the quarry void into extraction phase 3a would alter the visual appearance of the quarry from the east and east north east. However, to mitigate this Ibstock Brick is proposing screening mounds along the eastern boundary – all beside the western route of bridleway N61. Furthermore, the scheme does not include the removal of the hedgerow on this eastern boundary; some further hedgerow would be lost within the extraction area but it is felt that this would not have a visual impact significantly greater than the current scheme. Therefore, there is sufficient provision in the scheme to protect the landscape and the development would be acceptable in landscape terms meeting the requirements of policies MCS11, MDC5 and MDC12.

44. The restoration of the site contains provision for a new right of way between the southern and north western boundaries of the site to replace that dedicated footpath lost by the current workings. In light of comments received, Ibstock Brick have agreed to dedicate a bridleway between Leicester Road and Pretoria Road to link to the existing bridleway and create a circular route around the site. They have also offered to provide a further permissive link between Leicester Road and the site along the route as suggested by the Rights of Way Officer. The National Forest Company has made comment on the lack of further provision of rights of way beyond those shown as part of this scheme. However, the focus is to reinstate that lost by the currently consented extraction area. The proposal achieves this aim and goes beyond this by enhancing the right of way from a footpath (as it was) to a bridleway to link with that previously provided by the Company. Therefore, it is considered that the development is acceptable and meets the requirements of policies MCS14 and MCS17.

45. Beyond the provision of new rights of way the proposed restoration scheme offers the restoration of the site, without the importation of any waste materials, to a large, central water body with large areas of species rich grassland and woodland, with increased lengths of hedgerow. Comments have been made on the uniformity of the large water body and in discussions with Ibstock Brick it has been agreed changes should be made to the restoration masterplan to address this point. In response to this a condition is recommended within Appendix 1 to seek an amended plan. The condition on the need to submit an aftercare scheme from the 1999 planning permission is repeated in the schedule of conditions of Appendix 1. Subject to these conditions, the proposed restoration of the site is acceptable and meets the requirements of policies MCS11, MCS14, MCS17, MDC6, MDC20 and MDC21.

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46. Other matters such as the protection of the soil resource and the water environment, noise and dust controls, archaeology and the hours of operation have all been adequately addressed through the current controls imposed on the site and these elements should be repeated on the new scheme of conditions. The only exception to this is the flowing of the brook, which crosses the site, into a storage lagoon prior to it entering the culvert which runs below the brickworks. This is no longer acceptable practice and a scheme is required to address this. The Environment Agency has raised concern regarding run-off from soil stripping and the lack of a scheme on this matter. In response Ibstock Brick has explained that the design of the quarry (as it evolves) is such that any water flow would be in to the quarry mitigating the chance of any run-off into the brook. On this basis it is considered that the development is acceptable on these matters and meets the requirements of policies MCS3, MCS11, MDC7, MDC10, MDC11, and MDC12. Furthermore, none of the matters currently assessed would cumulatively have an unacceptable impact and the development meets the requirements of policy MDC13.

47. Ibstock Brick have proposed to amend condition 5 of the current permission to extend the restoration of the quarry from the end of 2035 to February 2061, with mineral extraction ceasing by 2059. This change reflects the results of a new topographic survey undertaken in 2014, the extension of extraction into phase 3a and the deepening of the quarry. Other than increasing the longevity of the quarry and the length of time any impacts would be felt by the local community this would not lead to a worsening of the current situation. The plans submitted by the company contain provision for progressive restoration as the quarry progresses so that benefits to the landscape can be achieved prior to this end date. Therefore, it is considered acceptable to extend the timescales for the quarry and make full use of the useable reserves present at the site.

48. Alongside the increase in the timescales of the quarry operating, Ibstock Brick has sought the removal of the current requirements to cease using the brick factory and works buildings 2 years after the cessation of clay extraction and then to restore the land. Policy MDC23 requires such ancillary industrial development to be linked to the life of the permitted reserves. The life of mineral extraction would be significantly increased by the proposed new scheme of conditions, by some 20 years, and there is no persuasive argument that the buildings should remain beyond this time period. Therefore, it is recommended that such controls should be repeated on the new scheme of conditions and on this basis the development is acceptable and meets the requirements of policy MDC23.

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Conclusion

49. The review of the Ibstock Quarry mineral permissions will result in an updated set of planning conditions, taking into consideration modern working methods and techniques and the environmental standards required today. As part of the review process, various environmental issues associated with the site have been assessed, in particular the effects on amenity, ecology, landscape, highways, and final restoration. All significant environmental effects can be suitably controlled and mitigated through the imposition of appropriate planning conditions. The proposed conditions submitted by Ibstock Brick, as set out in Appendix 2, are recommended to be modified as set out in Appendix 1.

50. Under Paragraph 13 of schedule 14 of the Environment Act 1995 the County Council is required to consider the recommended conditions and whether the conditions would prejudice adversely to an unacceptable degree either the economic viability of the operation or the asset value of the site, taking account of the expected remaining life of the site. The proposed recommended conditions should not restrict the working rights of Ibstock Quarry and are considered to be reasonable.

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Appendix 1

Defining the Development

1. The approved development which includes clay extraction, sandstone extraction, mineral stocking; internal haulage of minerals; tipping of (mineral and factory) waste; screening, landscaping and planting; and restoration of mineral workings shall only be carried out within the land edged with a solid red line on Figure 2 dated Nov 14 and defined as the ROMP Boundary.

2. Mineral extraction shall not take place in any areas other than within the limit of the boundaries of Phases 1, 2, 3 and 3a as shown on Figure 2 dated Nov 14.

3. Deposition of waste within the site as edged with a solid red line on Figure 2 dated Nov 14 shall be restricted only to mineral waste generated by extraction within the site and waste arising from the adjacent brick manufacturing within the land edged with a solid blue line (Land Ownership Boundary) on Figure 2 dated Nov 14.

4. Mineral extraction shall not take place after 28th February 2059 and the land edged with a solid red line on Figure 2 dated Nov 14 shall be finally restored in accordance with the conditions attached to this permission no later than 28th February 2061.

5. Unless otherwise required by the conditions in this schedule continued mineral extraction shall be carried out in accordance with the details contained in ROMP application dated 19th November 2014 and the accompanying Environmental Statement dated November 2014.

6. The phasing and direction of clay extraction shall be carried out in accordance with the details shown on Figures 4a, 4b, 4c, 4d, 4e and 4f, all dated Nov 14.

Highways

7. Clay extracted from the land edged with a solid red line on Figure 2 dated Nov 14 shall only be used by the works within the land edged with a solid blue line on Figure 2 dated Nov 14 and the adjacent Ellistown Brickworks. Clay shall only be transported to the Ellistown Brickworks via internal haul roads and the public highway between points A and B as shown on Figure 2 dated Nov 14. All mineral or factory waste returned to the quarry void shall be transported via internal haul roads and not by the public highway.

8. The visibility splays at the junction of the clay haul road with Whitehill Road shall be maintained for the duration of the development and shall be kept clear of all obstructions exceeding 900 millimetres in height.

9. Radii of 15 metres on the southern side and 7.5 metres on the northern side of the access at the junction of the clay haul road with Whitehill Road shall be maintained for the duration of the development.

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10. No vehicular access gates/bollards/barriers shall be erected on the clay haul road within 30 metres of the junction with Whitehill Road (Point A on Figure 2 dated Nov 14). Any erected vehicular access gates or barriers shall be hung so as to open away from Whitehill Road.

11. The first 30 metres of the clay haul road from the junction with Whitehill Road shall be maintained in tarmacadam, concrete or a similar hardbound material (not loose aggregate) for the duration of the approved development.

12. The number of movements generated on to Whitehill Road by HGV traffic gaining access to and from the quarry via the clay haul road shall not exceed 80 per day (i.e. 40 delivered loads to the Ellistown Brickworks per day).

13. All HGV traffic carrying clay materials shall be covered so as to prevent spillage or loss of such material on the clay haul road or on the public highway.

14. All reasonable measures shall be taken to ensure that the clay haul road, HGV operational loading areas and access within the site are kept in a clean and tidy condition such that vehicles do not deposit mud or detritus on the highway.

15. Soil and overburden stripping, storage and replacement operations and mineral operations shall be carried out in accordance with the programme of works detailed in Appendix G of the Environmental Statement dated November 2014.

16. The mineral operations shall be fenced from adjacent land until the end of restoration.

17. Extracted clays shall only be stockpiled in the areas shown on Figures 4a to 4f dated Nov 14 or on the quarry floor. The Ellistown clay stockpiles as shown on Figures 4a to 4f dated Nov 14 shall not exceed 3 metres in height (excluding when located on the quarry floor).

Blasting

18. There shall be no quarry blasting at the site unless the operator receives the prior written approval of the Mineral Planning Authority having first submitted details of the proposed blast event(s) including: date(s); time(s); location; size of blast(s); mitigation measures; and, monitoring regime.

Hours of Operation

19. No operations, other than water pumping, noise and dust monitoring and the removal of clay and sandstone from the stockpiles shown in Figures 4a, 4b, 4c, 4d, 4e and 4f, all dated Nov 14, shall be carried out on the land shown edged with a solid red line on Figure 2 dated Nov 14 outside the following times:  0700 hours and 1900 hours Monday to Friday, and  0700 hours and 1400 hours on Saturdays or on Public Holidays.

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20. The use of the clay haul road shall be restricted to the following times:  0700 hours to 1700 hours Monday to Friday only. There shall be no export of clay on Saturdays, Sundays and Bank/Public Holidays.

Dust and Noise Controls

21. All operations shall be carried out in a manner to minimise the emission of dust from the area shown edged with a solid red line on Figure 2 dated Nov 14. In order to control dust from internal traffic movements all haul roads within the area shown edged with a solid red line on Figure 2 dated Nov 14 shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. Any dry exposed area/material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne. Dust filters shall be fitted where appropriate on all plant and machinery.

22. If, in the opinion of the Mineral Planning Authority, the deposition of dust outside the land shown with a solid blue line on Figure 2 dated Nov 14 gives rise to reasonable and justified complaints from neighbouring residents and/or occupiers, operations shall be temporarily suspended until such time as they can be resumed without causing such complaints.

23. Measures shall be taken within the site to ensure that the best practicable means are used to control the emission of noise from the area shown edged with a solid red line on Figure 2 dated Nov 14 and to ensure so far as is reasonably practicable that the operations carried out within the area shown edged with a solid red line on Figure 2 dated Nov 14 do not give rise to nuisance at nearby residential properties.

24. Between the hours of 0700 and 1900 Monday to Friday and 0700 and 1400 Saturdays the free-field equivalent continuous noise level, LAeq, T noise levels arising from the continued development (with the exception of the temporary operations identified in Condition No. 25 below) when measured 3.5 metres from the most exposed external façade of a noise sensitive property shall not exceed the following levels at the locations specified:  53 Pretoria Road - 53.1 dB (LAeq 1hr)  193 Pretoria Road - 46.8 dB (LAeq 1hr)  The Villas - 50.2 dB (LAeq 1hr)  151 Ibstock Road - 52.4 dB (LAeq 1hr)  Centre Bungalow, Clay Lane - 46.1 dB (LAeq 1hr)  339 Whitehill Road – 55 dB (LAeq 1hr)  The Grange, Ellistown Terrace Road - 55 dB (LAeq 1hr). Measurements taken to verify compliance shall have regard to the effects of extraneous noise and where practical a correction shall be made for any such effects.

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25. Noise levels arising from temporary operations such as soil stripping and the construction and removal of soil mounds shall not exceed 70 dB (LAeq, 1 hr) free field at any of the locations specified in Condition number 24. Temporary operations which exceed the normal day to day criterion set out in condition number 24 shall only be carried out between the hours of 0800 and 1800 Monday to Friday and the hours of 0800 and 1200 on Saturdays, and shall be limited to a total of 44 days in any 12-month period. Advance notice of the commencement of such noisier activities shall be submitted in writing to the Mineral Planning Authority at least 7 days in advance of their commencement.

26. All vehicles, plant and machinery operated within the land shown edged with a solid red line on Figure 2 dated Nov 14 shall be fitted with effective silencers which shall be maintained in accordance with the manufacturer's specification when in use.

27. All audible warning devices fitted to vehicles, plant and machinery operating within the land shown edged with a solid red line on Figure 2 dated Nov 14 shall be of a design that use of the warning devices does not give rise to complaints from neighbouring residents and/or occupiers.

Water Environment

28. Eighteen months from the date of these conditions taking effect a scheme to divert the Ibstock brook around water body A1 (as shown on Figure 2 dated Nov 14 as A1) and directly into the culvert beneath the brickworks, whilst retaining a flood flow route into water body A1 for times of culvert capacity exceedance, shall be submitted to, and approved in writing by the Mineral Planning Authority. The scheme shall include a timetable for achieving the diversion and following approval shall be carried out in accordance with the approved details.

29. No foul or contaminated drainage shall be discharged into either the groundwater or surface waters.

30. Any facilities for the storage of oils, fuels, or chemicals within the land shown edged with a solid red line on Figure 2 dated Nov 14 shall be sited on impervious bases and surrounded by impervious bund walls. The volume of any bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank, the compound shall be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.

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Archaeology

31. No operations shall take place within phase 3a of the quarrying development (as shown on Figure 2 dated Nov 2014) until a programme of archaeological work has been undertaken in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Mineral Planning Authority.

Ecology

32. Three months from the date of these conditions taking effect the results of a survey for the presence of great crested newts in ponds A1, A2, A3, L1, L2 and TN1 ( as shown on Figure B1 dated 08/05/2014) shall be submitted to the Mineral Planning Authority. Should the presence of great crested newts be confirmed the survey shall include a scheme of mitigation.

33. Eighteen months from the date of these conditions taking effect bat boxes and bird nest boxes shall be installed within the existing woodland planting to be retained as shown on Figure 2 dated Nov 14.

34. Twelve months prior to entering a new area of soil stripping it shall be determined if the soil stripping will result in the loss of any badger sett. Any sett found shall be surveyed to determine its status and should the sett be determined as either a Main or an Annex sett then an alternative sett shall be constructed within the site (as edged with a solid blue line on Figure 2 dated Nov 14).

35. All trees, shrubs and hedges along the boundaries of the area shown edged with a solid red line on Figure 2 dated Nov 14, the ‘existing woodland planting to be retained’ and ‘vegetation to be retained along former railway’ as shown on Figure 2 dated Nov 14 shall be retained, protected and maintained throughout the duration of the operations hereby permitted. Whilst operations, including the passage of vehicles, are occurring within the vicinity of trees and hedges to be retained, an area around the trees and hedges at a distance equivalent to not less than the existing spread of branches from the trunk and in any case not less than 3 metres shall be cordoned off with distinctive markings. The land within the cordon shall be left completely undisturbed and no trees shall be used as an anchorage and no items shall be fixed to any tree.

Soil Management

36. All undisturbed areas of the area shown edged with a solid red line on Figure 2 dated Nov 14 and all topsoil, subsoil, soil making material and overburden mounds shall be kept free from agricultural weeds such as thistle, dock, and ragwort. Cutting, grazing or spraying shall be undertaken, as necessary, to control plant growth and prevent the production of seed and subsequent spread of agricultural weed onto adjoining land.

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37. All topsoil and subsoil shall be permanently retained within the area shown edged with a solid red line on Figure 2 dated Nov 14 and used in restoration. Available soil making material shall also be recovered during excavation, as necessary, to achieve restoration of the site in accordance with the details of Appendix G of the Environmental Statement dated November 2014.

38. No plant or vehicles shall cross any area of unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for purposes of undertaking permitted operations. Essential trafficking routes shall be marked in such a manner as to give effect to this condition. No part of the area shown edged with a solid red line on Figure 2 dated Nov 14 shall be excavated or traversed or used for a road or for the stationing of plant or buildings, or storage of subsoil or overburden or waste or mineral deposits, until all available topsoil and subsoil has been stripped to the depths specified in Appendix G of the Environmental Statement dated November 2014. The exception is that topsoils may be stored on like topsoils and subsoils may be stored on like subsoils.

39. In each calendar year, the Mineral Planning Authority shall be notified in writing no earlier than 10 but at least 5 days before each of the following stages: a) soil stripping is due to commence; b) overburden has been prepared ready for soil replacement to allow inspection of the area before further restoration of this part is carried out; c) when soil making material or subsoil has been prepared ready for topsoil replacement to allow inspection of the area before further restoration of this part is carried out; and d) on completion of topsoil replacement to allow an opportunity to inspect the completed works before the commencement of any cultivation and seeding operations.

40. In each calendar year, soil stripping shall not commence on any phase until any standing crop or vegetation has been cut and removed.

41. During the first quarter of each calendar year during the period of the operations hereby authorised, a plan at not less than 1:2500 scale shall be submitted to the Mineral Planning Authority showing the progress of soil stripping, soil storage, and restoration at a date within 28 days prior to submission. The details shall include the area stripped of topsoil and subsoil, the location of each soil and overburden storage mound and the quantity and nature of material therein. The information shall be presented in a form to identify any shortfall or surpluses of the differing soil resources present within the area shown edged with a solid red line on Figure 2 dated Nov 14 and shall be related to the information contained within Appendix G of the Environmental Statement dated November 2014. The operator shall meet with the Mineral Planning Authority at an annual site and management meeting to discuss the details submitted pursuant to this condition and the anticipated programme of working for the next 12 months.

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Restoration

42. Backfilling and restoration shall be undertaken in accordance with Figures 4a, 4b, 4c, 4d, 4e, 4f, and 5 all dated Nov 14.

43. Eighteen months from the date of these conditions taking effect a revised restoration scheme shall be submitted to the Mineral Planning Authority. The scheme shall be broadly in accordance with that submitted with application 2015/0262/07 but in addition include:  denotation of the public rights of way as per the Definitive Map;  the route of a dedicated bridleway between Pretoria Road and Leicester Road to be made available for the use by the public no later than 28th February 2061;  the provision of a permissive path between Leicester Road and the dedicated bridleway set out above (west of house number 213, Leicester Road);  increased tree planting beyond that shown on Figure 5 dated Nov 14;  the shoreline of the main water body amended to incorporate shallow areas and flooded islands; and  the creation of ephemeral water bodies.

44. The carrying out of the restoration scheme as approved by condition 43 shall take place in accordance with details which have been submitted to and approved in writing by the Mineral Planning Authority prior to the commencement of such restoration work. Details shall include: a) ground preparation and cultivation works, including the removal of any hard surfaces; b) proposed grass seed mixtures, fertilising, water draining or other treatment of the land; numbers, species, sizes and spacing of trees and shrubs to be planted, including the replacement of the hedgerow along Whitehill Road previously removed to form a new access; c) the maintenance regime for tree and shrub planted areas; the location and type of fencing and gates; d) the treatment of the lake margins; e) treatment of any public rights of way where they are directly affected by the final restoration; f) methods to be utilized to extend the age range and species diversity of the existing hedgerows, in particular those identified as H1, H2, H3, H4, H13, H14, H17, H25, H26, H27 and H28 on Figure B1 dated 08/05/2014; and f) timescales for carrying out the above works.

45. Restoration to the uses as approved by condition 43 shall be carried out such that: a) after replacement of topsoil and subsoil and after settlement, the contours conform with those approved by condition 43; b) there is satisfactory site and surface drainage, the land being free from ponding and capable of receiving an effective artificial under-drainage system; and c) agricultural machinery is not unduly restricted and erosion is minimised.

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46. Working and restoration shall be timed such that no large areas of subsoil are left without topsoil and crop cover over winter.

47. Where wet weather conditions render it impractical to complete topsoil reinstatement and it becomes clear that operations cannot be completed before winter then the surface of the reinstated soil should be temporarily seeded (by hand if necessary) to provide some ground cover and aid drying of the soil in the spring. Details of how the vegetation should be treated the following spring should be agreed in writing with the Mineral Planning Authority before restoration resumes the following season.

48. Plant and vehicles shall not cross any area of replaced and loosened ground, subsoil, or topsoil except where essential and unavoidable for purposes of carrying out ripping and stone picking or beneficially treating such areas. Only low ground pressure machines should work on prepared ground.

49. Subsoils shall be levelled to provide an even depth across the re-laid area so that the total thickness of settled soils conforms to the Supplementary Soil Handling and Phasing Details document dated December 1998.

50. Each subsoil layer placed shall be ripped or cross-ripped using a wing tine implement to remove compaction to the full depth of the restored soil profile and any non-subsoil or non-soil making material or object greater than 200 millimetres in any dimension shall be removed from the loosened surface before further soil is laid. Materials that are removed shall be disposed off-site or buried at a depth not less than 2 metres below the final pre-settlement contours.

51. Topsoil shall be evenly respread to achieve at least the minimum settled depths specified in the Supplementary Soil Handling and Phasing Details document dated December 1998.

52. The re-spread topsoil shall be rendered suitable for agricultural cultivation by loosening and ripping to the full depth of the topsoil plus 100 millimetres, and any non-soil making material or rock or boulder or larger stone lying on the loosened topsoil surface and greater than 100 millimetres in any dimension shall be removed from the area shown edged with a solid red line on Figure 2 dated Nov 14 or buried at a depth not less than 2 metres below the final settled contours.

53. Any part of the area shown edged with a solid red line on Figure 2 dated Nov 14 which is significantly affected by differential settlement that occurs during the restoration and aftercare period, and would interfere with agricultural operations, shall be filled. The operator shall fill the depression to the final settlement contours specified with suitable soils to a specification to be agreed in writing with the Mineral Planning Authority. Topsoil, subsoil and other overburden moved in the course of the work shall not be mixed and shall be handled and replaced in accordance with the above conditions.

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54. Following the final restoration of any part of the area shown edged with a solid red line on Figure 2 dated Nov 14 in accordance with the restoration conditions detailed above the land shall be treated and managed over a 5 year period in accordance with an aftercare scheme. The scheme shall specify such steps as may be necessary to bring the land to the required standard for the after uses approved by condition 43. The submitted scheme shall: a) be submitted for the written approval of the Mineral Planning Authority not later than 3 months prior to the date on which it is first expected that the replacement of topsoil shall take place; b) provide an outline strategy for the five year aftercare period. This shall specify the steps to be taken and the period during which they are to be taken and include the provision of a field drainage system and an annual meeting between the applicants and the Mineral Planning Authority in respect of the restored area; and c) provide for a detailed annual programme to be submitted to the Mineral Planning Authority. The programme for the first year shall be submitted not later than 3 months prior to the date on which it is first expected that replacement of topsoil shall take place and not later than 2 months prior to the annual aftercare meeting in respect of subsequent years.

Early Cessation

55. In the event of the cessation of winning and working of minerals (which would prejudice the achievement of final site restoration as approved by condition 43, which constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, an alternative reclamation scheme shall be submitted in writing to the Mineral Planning Authority for approval within 6 months of cessation. The scheme shall include the following details: a) the re-contouring of the area shown edged with a solid red line on Figure 2 dated Nov 14; b) the removal of all buildings, plant and structures; c) the re-spreading of all available soils; d) the treatment of the land; e) landscaping and planting; and f) aftercare provision.

The approved reclamation scheme shall be implemented (excluding aftercare) within 2 years of the written approval of the Mineral Planning Authority and immediately thereafter the land shall be put into aftercare in accordance with the approved details

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Brick Factory and Works Buildings

56. The use of the Brick Factory and Works Buildings (shown in dark grey, within the blue line on Drawing No. M/1174/98/3 – ‘Existing Situation dated March 1998) shall cease not later than two years from the permanent cessation of clay extraction within the areas identified as phases 1, 2, 3, and 3A on Figure 2 dated Nov 14.

57. Within three years of the cessation of the use of the Brick Factory and Works Buildings referred to in condition 56 above all these buildings shall be demolished, their site’s cleared, all ancillary structures, erections and hardstanding removed and the land reclaimed in accordance with a scheme which has been previously agreed in writing by the Mineral Planning Authority.

Reasons

1. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

2. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

3. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

4. To provide for the completion of operations within the anticipated timescale.

5. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

6. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

7. In the interests of highway safety, the amenity of the area and to ensure that the link between the extracted clay and the adjacent brickworks is retained.

8. In the interests of highway safety and amenities of the area.

9. In the interests of highway safety and amenities of the area.

10. In the interests of highway safety and amenities of the area.

11. In the interests of highway safety and amenities of the area.

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12. In the interests of highway safety and amenities of the area.

13. In the interests of highway safety and amenities of the area.

14. In the interests of highway safety and amenities of the area.

15. For the avoidance of doubt and to ensure that the development is carried out in accordance with the submitted application and in a satisfactory manner in the interests of the amenities of the area.

16. In the interests of safety.

17. To protect the visual amenity of the area.

18. To protect the amenities of local residents.

19. To protect the amenities of local residents.

20. To protect the amenities of local residents.

21. To minimise any adverse impact of dust generated by the operations on local residents.

22. To minimise any adverse impact of dust generated by the operations on local residents.

23. To minimise any adverse impact of noise generated by the operations on local residents.

24. To minimise any adverse impact of noise generated by the operations on local residents.

25. To minimise any adverse impact of noise generated by the operations on local residents.

26. To minimise any adverse impact of noise generated by the operations on local residents.

27. To minimise any adverse impact of noise generated by the operations on local residents.

28. The permanent retention of a continuous unobstructed area is an essential requirement for the preservation of the water course corridor, wildlife habitat, flood flow conveyance and future watercourse maintenance or improvement.

29. To prevent pollution of the water environment.

30. To prevent pollution of the water environment.

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31. To ensure satisfactory archaeological investigation and recording.

32. To minimise the adverse impact of the operations on great crested newts.

33. To provide an opportunity to enhance the biodiversity of the site.

34. To minimise the adverse impacts of the development on badgers.

35. In the interests of the amenities of the area and to ensure that the development is carried out in a satisfactory manner.

36. To prevent a build-up of weeds which would be harmful to agriculture.

37. To protect the soil resource and in the interests of final restoration.

38. To ensure that the Mineral Planning Authority is given the opportunity to check/monitor soil storage, soil handling, ground preparation and restoration works.

39. To protect the soil resource and in the interests of final restoration

40. To protect the soil resource and in the interests of final restoration

41. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

42. To ensure that the Mineral Planning Authority is given the opportunity to check/monitor soil storage, soil handling, ground preparation and restoration works.

43. To ensure the satisfactory provision of rights of way and ecological habitats within the site in the interests of the public amenity and biodiversity.

44. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

45. To protect the soil resource and in the interests of final restoration.

46. To protect the soil resource and in the interests of final restoration.

47. To minimise structural damage and compaction to the soils and to aid final restoration.

48. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

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49. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

50. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

51. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

52. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

53. To ensure the satisfactory restoration and landscaping of the site following the carrying out of the permitted operations in the interests of the subsequent use of the land and the amenities of the area.

54. To ensure that the restored areas are brought back to a satisfactory condition suitable for long-term beneficial after-use.

55. To ensure reclamation of the site in the event of the cessation of mineral working.

56. To ensure reclamation of the site in the event of the cessation of mineral working.

57. To ensure reclamation of the site in the event of the cessation of mineral working.

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Conditions proposed by Ibstock Brick Appendix 2

1. The approved development which includes clay extraction, sandstone extraction, mineral stocking; internal haulage of minerals; tipping of (mineral and factory) waste; screening, landscaping and planting; and restoration of mineral workings within the land shown edged red on Figure 2 and defined as the ROMP Boundary.

2. Mineral extraction shall not take place in any areas other than within the limit of excavations those in Phases 1, 2, 3 and 3a shown on Figure 3.

3. Deposition of waste within quarry void shall be restricted only to mineral waste generated by extraction within the site and waste arising from the adjacent brick manufacturing within the land shown outlined in blue (Land Ownership Boundary) on Figure 2.

4. Mineral extraction shall not take place after 28th February 2059 and the land shown edged in red on Figure 2 shall be finally restored in accordance with the conditions attached to this permission no later than 28th February 2061.

5. Unless otherwise required by the conditions in this schedule continued mineral extraction shall be carried out in accordance with the details contained in ROMP application dated 19th November 2014 and the accompanying Environmental Statement.

6. The phasing and direction of clay extraction shall be carried out in accordance with the details shown on Figure 3.

7. No clay extracted from the land shown edged in red on Figure 2 shall be transported via the public highway except along the section of Whitehill Road / Ellistown Terrace Road, Ellistown as shown A-B on Figure 2 and all mineral or factory waste returned to the quarry void shall be transported via internal haul roads and not by the public highway.

8. Soil and overburden stripping, storage and replacement operations and mineral operations shall be carried out in accordance with the programme of works detailed in the Environmental Statement.

9. The mineral operations shall be fenced from adjacent land until the end of the after-care period.

10. Extracted clays shall only be stockpiled in the areas shown in Figures 4a to 4f or on the quarry floor. The Ellistown clay stockpile shall not exceed 3 metres in height relative to the adjoining land (excluding when located on the quarry floor).

11. There shall be no quarry blasting at the site unless the operator receives the prior written approval of the Mineral Planning Authority having first submitted details of the proposed blast event(s) including: date(s); time(s); location; size of blast(s); mitigation measures; and, monitoring regime.

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12. No operations, other than water pumping, noise and dust monitoring and the removal of clay and sandstone from the stockpiles shown in Figure 2, shall be carried out on the land shown edged in red on Figure 2 outside the following times:  0700 hours and 1900 hours Monday to Friday, and  0700 hours and 1400 hours on Saturdays. or on Public Holidays.

13. All operations shall be carried out in a manner to minimise the emission of dust from the area shown edged in red on Figure 2. In order to control dust from internal traffic movements all haul roads within the area shown edged in red on Figure shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. Any dry exposed area/material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne. Dust filters shall be fitted where appropriate on all plant and machinery.

14. In the event that the deposition of dust outside the land shown edged in blue on Figure 2 gives rise to reasonable and justified complaints from neighbouring residents and/or occupiers operations shall be temporarily suspended until such time as they can be resumed without causing such complaints.

15. Measures shall be taken within the site to ensure that the best practicable means are used to control the emission of noise from the area shown edged in red on Figure 2 and to ensure so far as is reasonably practicable that the operations carried out within the area shown edged in red on Figure 2 do not give rise to nuisance at nearby residential properties.

16. Between the hours of 0700 and 1900 Monday to Friday and 0700 and 1400 Saturdays the noise levels arising from the continued development (with the exception of the temporary operations identified in Condition No. 16 below) shall not exceed the following levels when measured at the five locations specified:  53 Pretoria Road - 53.1 dB (LAeq 1hr)  193 Pretoria Road - 46.8 dB (LAeq 1hr)  The Villas - 50.2 dB (LAeq 1hr)  151 Ibstock Road - 52.4 dB (LAeq 1hr)  Centre Bungalow, Clay Lane - 46.1 dB (LAeq 1hr).

17. Noise levels arising from temporary operations such as soil stripping and the construction and removal of soil mounds shall not exceed 70 dB (LAeq, 1 hr) free field at any of the five locations specified in Condition number 15 and shall be limited to a total of 8 weeks in any 12 month period for any individual location. Advance notice of the commencement of such noisier activities shall be submitted in writing to the Mineral Planning Authority at least 7 days in advance of their commencement.

18. All vehicles, plant and machinery operated within the land shown edged in red in Figure 2 shall be shall be fitted with effective silencers which shall be maintained in accordance with the manufacturer's specification when in use.

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19. All audible warning devices fitted to vehicles, plant and machinery operating within the land shown edged in red in Figure 2 shall be of a design that use of the warning devices does not give rise to complaints from neighbouring residents and/or occupiers.

20. No foul or contaminated drainage shall be discharged into either the groundwater or surface waters.

21. Any facilities for the storage of oils, fuels, or chemicals within the land shown edged in red in Figure 2 shall be sited on impervious bases and surrounded by impervious bund walls. The volume of any bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank, the compound shall be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.

22. No operations shall take place within phase 3a of the quarrying development (shown on Figure 3) until a programme of archaeological work has been undertaken in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Mineral Planning Authority.

23. Maintenance of the further woodland planting to be undertaken as shown on Figure 5 shall be shall be undertaken in accordance with a scheme to be submitted to the Mineral Planning Authority for approval at least six months prior to any such planting.

24. All trees, shrubs and hedges along the boundaries of the area shown edged in red on Figure 2 shall be retained, protected and maintained throughout the duration of the operations hereby permitted. Whilst operations, including the passage of vehicles, are occurring within the vicinity of trees and hedges to be retained, an area around the trees and hedges at a distance equivalent to not less than the existing spread of branches from the trunk and in any case not less than 3 metres shall be cordoned off with distinctive markings. The land within the cordon shall be left completely undisturbed and no trees shall be used as an anchorage and no items shall be fixed to any tree.

25. All undisturbed areas of the area shown edged in red on Figure 2 and all topsoil, subsoil, soil making material and overburden mounds shall be kept free from agricultural weeds such as thistle, dock, and ragwort. Cutting, grazing or spraying shall be undertaken, as necessary, to control plant growth and prevent the production of seed and subsequent spread of agricultural weed onto adjoining land.

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26. The topsoil resources shall be separately stripped to their respective full depths, separately stored and separately replaced - as identified in the 'Soil Handling Methodology’ document included at Appendix G of the Environmental Statement referred to in Condition 5.

27. All topsoil and subsoil shall be permanently retained within the area shown edged in red on Figure 2 and used in restoration. Available soil making material shall also be recovered during excavation, as necessary, to achieve restoration of the site in accordance with the Soil Handling Methodology document referred to in Condition 25.

28. No plant or vehicles shall cross any area of unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for purposes of undertaking permitted operations. Essential trafficking routes shall be marked in such a manner as to give effect to this condition. No part of the area shown edged in red on Figure 2 shall be excavated or traversed or used for a road or for the stationing of plant or buildings, or storage of subsoil or overburden or waste or mineral deposits, until all available topsoil and subsoil has been stripped to the depths specified in the Soil Handling Methodology document referred to in Condition 25. The exception is that topsoils may be stored on like topsoils and subsoils may be stored on like subsoils.

29. In each calendar year, the Mineral Planning Authority shall be notified in writing no earlier than 10 but at least 5 days before each of the following stages: a) soil stripping is due to commence; b) overburden has been prepared ready for soil replacement to allow inspection of the area before further restoration of this part is carried out; c) when soil making material or subsoil has been prepared ready for topsoil replacement to allow inspection of the area before further restoration of this part is carried out; and d) on completion of topsoil replacement to allow an opportunity to inspect the completed works before the commencement of any cultivation and seeding operations.

30. In each calendar year, soil stripping shall not commence on any phase until any standing crop or vegetation has been cut and removed.

31. Topsoil, subsoil and soil making material shall only be stripped in accordance with the Supporting Statement and the Soil Handling Methodology document and when the soil has a moisture content which is equal to or greater than that at which the soil becomes plastic, tested in accordance with the "Worm Test" as set out in BS 1377:1975 - British Standard Methods Test for Soils for Civil Engineering Purposes.

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32. All topsoil and subsoil shall be stored in separate mounds which: a) do not exceed 5 metres in height; b) are constructed with only the minimum amount of soil compaction to ensure stability and so shaped as to avoid collection of water in surface undulations; c) shall not be traversed by heavy vehicles or machinery except where essential for purposes of mound construction or maintenance; d) shall not be subsequently moved or added to until required for restoration unless otherwise agreed by the Mineral Planning Authority; e) only store topsoil or like texture topsoils and subsoils on like texture subsoils; and f) if continuous mounds are used, dissimilar soils should be separated by a material previously approved in writing by the Mineral Planning Authority.

33. All storage mounds that will remain in situ for more than 3 months, or over winter, shall be grass seeded and managed in accordance with the Soil Handling Methodology document referred to in Condition 25.

34. During the first quarter of each calendar year during the period of the operations hereby authorised, a plan at not less than 1:2500 scale shall be submitted to the Mineral Planning Authority showing the progress of soil stripping, soil storage, and restoration at a date within 28 days prior to submission. The details shall include the area stripped of topsoil and subsoil, the location of each soil and overburden storage mound and the quantity and nature of material therein. The information shall be presented in a form to identify any shortfall or surpluses of the differing soil resources present within the area shown edged in red on Figure 2 and shall be related to the information contained within the Soil Handling Methodology document referred to in Condition 25 and Figure 6. The operator shall meet with the Mineral Planning Authority at an annual site and management meeting to discuss the details submitted pursuant to this condition and the anticipated programme of working for the next 12 months.

35. Backfilling and restoration shall be undertaken in accordance with the Figures appended to the Environmental Statement and the related details set out in the Environmental Statement.

36. The carrying out of the final restoration shown on Figure 5 shall take place in accordance with details which have been submitted to and approved in writing by the Mineral Planning authority prior to the commencement of such restoration work. Details shall include: a) ground preparation and cultivation works; b) proposed grass seed mixtures, fertilising, water draining or other treatment of the land; numbers, species, sizes and spacing of trees and shrubs to be planted; c) the maintenance regime for tree and shrub planted areas; the location and type of fencing and gates; d) the treatment of the lake margins; and e) timescales for carrying out the above works.

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37. Restoration to the uses shown on Figure 5 shall be carried such that: a) after replacement of topsoil and subsoil and after settlement, the contours conform with those shown on Figure 5); b) there is satisfactory site and surface drainage, the land being free from ponding and capable of receiving an effective artificial under-drainage system; and c) agricultural machinery is not unduly restricted and erosion is minimised.

38. Working and restoration shall be timed such that no large areas of subsoil are left without topsoil and crop cover over winter. Subsoils shall only be replaced in accordance with the Soil Handling Methodology document referred to, in Condition 25.

39. Where wet weather conditions render it impractical to complete topsoil reinstatement and it becomes clear that operations cannot be completed before winter then the surface of the reinstated soil should be temporarily seeded (by hand if necessary) to provide some ground cover and aid drying of the soil in the spring. Details of how the vegetation should be treated the following spring should be agreed in writing with the Mineral Planning Authority before restoration resumes the following season.

40. Plant and vehicles shall not cross any area of replaced and loosened ground, subsoil, or topsoil except where essential and unavoidable for purposes of carrying out ripping and stone picking or beneficially treating such areas. Only low ground pressure machines should work on prepared ground.

41. Subsoil shall be levelled to provide an even depth across the re-laid area so that the total thickness of settled subsoil conforms with the Soil Handling and Phasing Document referred to in Condition 25.

42. Each subsoil layer placed shall be ripped or cross-ripped using a wing tine implement to remove compaction to the full depth of the restored soil profile and any non-subsoil or nonsoil making material or object greater than 200mm in any dimension shall be removed from the loosened surface before further soil is laid. Materials that are removed shall be disposed off-site or buried at a depth not less than 2 metres below the final pre-settlement contours.

43. Topsoil shall be evenly respread to achieve at least the minimum settled depths specified in the Soil Handling and Phasing document referred to in Condition 25.

44. The re-spread topsoil shall be rendered suitable for agricultural cultivation by loosening and ripping to the full depth of the topsoil plus 100mm, and any non- soil making material or rock or boulder or larger stone lying on the loosened topsoil surface and greater than 100mm in any dimension shall be removed from the area shown edged in red on Figure 2site or buried at a depth not less than 2 metres below the final settled contours.

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45. Any part of the area shown edged in red on Figure 2 which is significantly affected by differential settlement that occurs during the restoration and aftercare period, and would interfere with agricultural operations, shall be filled. The operator shall fill the depression to the final settlement contours specified with suitable soils to a specification to be agreed in writing with the Mineral Planning Authority. Topsoil, subsoil and other overburden moved in the course of the work shall not be mixed and shall be handled and replaced in accordance with the above conditions.

46. Following the final restoration of any part of the area shown edged in red on Figure 2 in accordance with the restoration conditions detailed above the land shall be treated and managed over a 5 year period in accordance with an aftercare scheme. The scheme shall specify such steps as may be necessary to bring the land to the required standard for the after uses shown in Figure 5. The submitted scheme shall: a) be submitted for the written approval of the Mineral Planning Authority not later than 3 months prior to the date on which it is first expected that the replacement of topsoil shall take place; b) provide an outline strategy for the five year aftercare period. This shall specify the steps to be taken and the period during which they are to be taken and include the provision of a field drainage system and an annual meeting between the applicants and the Mineral Planning Authority in respect of the restored area; and c) provide for a detailed annual programme to be submitted to the Mineral Planning Authority. The programme for the first year shall be submitted not later than 3 months prior to the date on which it is first expected that replacement of topsoil shall take place and not later than 2 months prior to the annual aftercare meeting in respect of subsequent years.

47. In the event of the cessation of winning and working of minerals (which would prejudice the achievement of final site restoration as shown in Figure 5, which constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a reclamation scheme shall be submitted in writing to the Mineral Planning Authority for approval within 6 months of cessation. The scheme shall include the following details:

a) the re-contouring of the area shown edged in red on Figure 2; b) the removal of all buildings, plant and structures; c) the re-spreading of all available soils; d) the treatment of the land; e) landscaping and planting; and f) aftercare provision.

The approved reclamation scheme shall be implemented (excluding aftercare) within 2 years of the written approval of the Mineral Planning Authority and immediately thereafter the land shall be put into aftercare in accordance with the approved details

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48. The clay haul road shown in Figure 2 shall be removed and restored in accordance with the timescale specified in Condition 4 and in accordance with the details approved under Conditions 35, 36 and 43.

49. The use of the clay haul road shall be restricted to the following times:  0700 hours to 1700 hours Monday to Friday only. There shall be no export of clay on Saturdays, Sundays and Bank/Public Holidays

50. The visibility splays at the junction of the clay haul road with Whitehill Road shall be maintained for the duration of the development and shall be kept clear of all obstructions exceeding 900 millimetres in height.

51. Radii of 15 metres on the southern side and 7.5 metre on the northern side of the access at the junction of the clay haul road with Whitehill Road shall be maintained for the duration of the development.

52. The number of movements generated on to Whitehill Road by HGV traffic gaining access to and from the quarry via the clay haul road shall not exceed 80 per day (i.e. 40 delivered loads to the Ellistown Brickworks per day).

53. All HGV traffic carrying clay materials shall be covered so as to prevent spillage or loss of such material on the clay haul road or on the public highway.

54. All reasonable measures shall be taken to ensure that the clay haul road, HGV operational loading areas and access within the site are kept in a clean and tidy condition such that vehicles do not deposit mud or detritus on the highway.

55. The free-field Equivalent Continuous Noise Level, LAeq,T• at 339 Whitehill Road, 360 Whitehill Road and The Grange Ellistown Terrace Road, due to the use of the clay haul road shall not exceed 55 dB LAeq, 1 hr free-field. Measurements taken to verify compliance shall have regard to the effects of extraneous noise and where practical a correction shall be made for any such effects.

56. Measures shall be taken, during dry and/or windy weather conditions, to ensure that dust generated by traffic using the clay haul road does not become a source of nuisance and is effectively suppressed through the use of water.

57. All stripped soils shall be retained within the area shown edged in red on Figure 2 for use in the restoration of the clay haul road.

58. All trees, shrubs and hedges along the line of the disused railway line shall be retained, protected and maintained throughout the period when the clay haul road is in use.

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59. By the date specified for the cessation of mineral extraction in Condition 4 a scheme of restoration and aftercare shall be submitted to and approved in writing by the Mineral Planning Authority. The scheme shall include:  the removal of the hard surfaced haul road and all hardstanding areas;  topsoil and subsoil replacement;  the reinstatement of the crossing point of the haul road and the public right of way and the vehicular access;  the replacement planting of hedgerow along Whitehill Road previously removed to form a new access;  the seeding, fertilising, watering, draining or other treatment of the land;  the maintenance and aftercare of the land for an appropriate period. The development shall be carried out in accordance with the agreed details.

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all the preceding applications.

EQUALITY AND HUMAN RIGHTS IMPLICATIONS

Unless otherwise stated in the report there are no discernible equality and human rights implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children and Family Services and the Director of Corporate Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Equality Act 2010. You are advised to contact the Equalities function of the County Council’s Policy and Partnerships Team if you require further advice on this aspect of the proposal.

COMMUNITY SAFETY IMPLICATIONS

Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPULSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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