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DEVELOPMENT CONTROL AND REGULATORY BOARD

14TH OCTOBER 2004

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

RMC EASTERN LTD. - EXTENSION TO SAND WORKINGS AND MODIFICATION OF EXISTING RESTORATION SCHEME – SLIP INN QUARRY, ASHBY PARVA, ()

2004/0269/03 – 16th February 2004

Background

1. This proposal by RMC Eastern involves the extraction of sand and gravel from two areas to the west and south of the current extraction area at Slip Inn Quarry and also includes a modification to the existing restoration scheme for the current extraction area. The modified scheme proposes the four previously extracted phases to be restored at lower levels, creating a slightly undulating landform in the centre of the site. The planning application is accompanied by an Environmental Statement.

Site Location and Planning History

2. Slip Inn Quarry is located to the west of the A426 Leicester to Lutterworth Road, approximately 1.2km south of Dunton Bassett and 0.8 – 1.6km north east of Ashby Parva. A narrow rural lane known as Dunton Lane, which connects Dunton Bassett and Ashby Parva, runs to the west of the quarry. The site is accessed via a purpose-built access off the A426. Bridleway W103 crosses the eastern part of the site in a north-south direction.

3. Planning permission for sand and gravel extraction at Slip Inn Quarry was first granted in April 1980 under reference 1979/0057/03. The area of the 1979 permission contains the plant site, stockyard and settling lagoons which have been used in the processing of all the mineral won at the site. It also includes the site offices and the site access onto the A426 Leicester to Lutterworth Road. All mineral extraction areas within the 1979 permission area have been completely worked out and restored. The stock yard and processing plant have been retained and are still in use.

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4. In November 1990 planning permission was granted under reference 1990/0873/03 for a western extension to the quarry. This area has now also been worked out and restoration is ongoing. Final restoration of this area will be completed once the haul road crossing the area has been removed. This would take place following the completion of mineral extraction in the proposed extension area and restoration works in the western parts of the quarry.

5. In February 1997 planning permission reference 1996/0467/03 (“the 1996 permission”) was granted, again extending the site further to the west. The area covered by the 1996 permission was worked in 7 phases. Phases 1 to 3 have now been fully restored to grassland. Phases 4 and 5 have been partly backfilled with inert material to enable their restoration to original levels in accordance with the previously approved restoration scheme for the 1996 permission area. All mineral has been extracted from Phases 6 and 7, which are currently awaiting backfilling. Mineral extraction in these phases ceased in the spring of 2004. All currently permitted reserves at Slip Inn Quarry have now been worked, and restoration work is ongoing in parts of the site.

6. Lafarge Aggregates Ltd operates a ready-mixed concrete plant which is located in the eastern part of the quarry between the site’s main sand and gravel processing plant and the settlement lagoons. The planning permission for the Lafarge ready-mixed concrete plant is subject to a condition which requires the removal of the plant at the time the quarry closes. It should be noted that RMC’s current application does not include any proposals directly relating to the ready- mixed concrete plant.

Description of the Proposed Development

7. The proposal comprises two elements: the extraction and processing of sand and gravel, and an amendment to the previously approved restoration scheme for the entire site. Condition 57 of the 1996 permission requires that, in the event that the agreed timetable for restoration works cannot be met, an amendment to the approved restoration scheme for the site be submitted and restoration of the site thereafter be carried out in accordance with the revised scheme. In addition to the requirement to prepare a revised restoration scheme, RMC also intended to apply for an extension to sand and gravel workings. It was therefore agreed to combine the two submissions into the one to be considered by Members today. The two elements of the combined proposal are described in further detail below.

8. The planning application is accompanied by an Environmental Statement covering the environmental effects of the proposal, and proposed mitigation measures, under the headings of population; noise; vibration; traffic; land use; flora and fauna; soils, geology and hydrology; air and climate; material assets and cultural heritage; and landscape.

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Sand and Gravel Extraction

9. It is proposed to extract a total of 756,000 tonnes of sand and gravel from two fields to the west and south of the area where extraction took place most recently. Extraction operations would be carried out in two phases, referred to in the planning application as Phases 8 and 9. This numbering system follows the phasing of operations in the 1996 permission area, which comprised Phases 1 to 7. The proposed Phase 8 is located to the west of the existing extraction area and to the east of Dunton Lane. Phase 9 is situated to the south of the extraction area covered by the 1996 permission, which is currently under restoration.

10. Soils and overburden would be stripped from Phase 8 and used together with dry silt from the existing lagoons and imported inert material to restore the previously extracted areas in Phases 4 to 7, and the disturbed ground located around the silt lagoons. These areas would then be restored to agricultural land. Any hedgerows which have been removed prior to mineral extraction would be reinstated and tree planting carried out in accordance with a final restoration scheme which would have to be submitted to the Director of Community Services for approval.

11. It is expected that Phase 8 would yield approximately 370,000 tonnes of sand and gravel, which, at the quarry’s current production rate of 120,000 tonnes per annum, would equate to 3 years worth of reserves. Extraction would take place on a “campaign” basis twice a year in early spring and late summer. Each campaign would last 6-7 weeks. Material would be dug using an excavator and transported to the stockyard by 3 to 5 dump trucks.

12. During this phase it is also intended to create an amphibian pond to mitigate the loss of an existing pond which would be destroyed during the extraction of Phase 9. In order to enable the translocation of species the applicant intends to create the mitigation pond three years in advance of the loss of the pond in Phase 9.

13. Once all material has been extracted from Phase 8, soil materials and overburden would be stripped from Phase 9 and combined with imported inert material to restore Phase 8 to original ground levels and land use. The area of Phase 8 would then be reinstated with tree planting, hedgerows and agricultural land.

14. Phase 9 would yield approximately 386,000 tonnes of sand and gravel, which would take approximately 3 years to extract. As in Phase 8, extraction would take place on a campaign basis twice a year in early spring and late summer. Each campaign would again last 6-7 weeks.

15. Following the extraction of mineral from Phase 9, the area would be backfilled to original levels using imported inert material, and restored using soils previously stripped from the site and placed in storage. No fixed timetable has been set for the final restoration of the site, as this depends on the availability of inert material, which may be subject to market fluctuations.

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Amended Restoration Scheme

16. The application also includes a proposal to amend the approved restoration scheme for the entire quarry. The submission of a revised scheme has become necessary due to the phasing and restoration requirements of planning permission 1996/0467/03.

17. The amended restoration scheme proposes the restoration of the site to a mixture of agricultural land and native block woodland planting. The silt lagoons are to be restored to agricultural land. A number of wildlife ponds are to be created in the area to the east of the bridleway and west of the plant site and stocking area.

18. The previously excavated areas of the site in Phases 4 to 7 of the 1996 permission area would be restored to lower levels, resulting in a sloping landform. The majority of the 1990 permission area, with exception of the haul road running through it, would be regraded, followed by the placement of subsoil and topsoil. The haul road would still be required to access the western parts of the quarry and would therefore be restored once mineral extraction has been completed and the haul road is no longer required. Drawing SL2/8 - Concept Restoration submitted with the application shows the southern part of this area restored to woodland.

19. Following mineral extraction, Phases 8 and 9 would be restored to original levels and returned to an agricultural use. Any hedgerows removed to enable mineral extraction would also be replanted in order to recreate the original field pattern.

20. Following the cessation of mineral working in Phase 9, the extraction area would be restored as briefly described above. The quarry plant and all equipment would be removed and the plant and stocking area regraded and restored using soils previously placed in storage. A number of amphibian mitigation ponds would be created in various locations on the site. Agricultural land and landscape planting works are to take place on all restored land.

Planning Policy

Government Guidance

21. Planning Policy Statement (PPS) 7, Sustainable Development in Rural Areas (2004), sets out the Government’s planning policies for rural areas which local authorities should have regard to when taking planning decisions. PPG9 Nature Conservation (1994) provides advice on the relationship between planning control and nature conservation.

22. Minerals Planning Guidance Note (MPG) 1, General Considerations and the Development Plan System (1996), provides advice on policies and the operation of the planning system with regard to minerals. It points out that minerals can only be worked only where they occur and that Mineral Planning Authorities should make an appropriate contribution to meeting local, regional and national

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needs which reflects the nature and extent of minerals in its area and other relevant planning considerations. It also identifies objectives for sustainable development for minerals planning.

23. MPG 6 Guidelines for Aggregates Provision in (1994) provides advice on the supply of aggregate materials to the construction industry. The guidance indicates that it is important that an adequate and steady supply of aggregates is available for the construction industry. Nevertheless it recognises that aggregates extraction can have a significant environmental impact. It states that it may be generally preferable, as a means of minimising environmental disturbance, to adopt a policy of allowing extensions to existing mineral workings rather than allowing mineral workings at new greenfield sites, although this will not always be the case.

24. MPG7 The Reclamation of Mineral Workings (1996) provides advice on the reclamation of mineral sites.

25. MPG11 The Control of Noise at Surface Mineral Workings (1993) provides advice on how the planning system can be used to keep noise emissions from surface mineral workings within environmental acceptable limits. Advice contained in MPG11 suggests that noise levels arising from mineral operations should not exceed 10 dB LAeq (1 hour) above existing background noise levels, subject to a maximum of 55 dB LAeq (1 hour).

26. Section 54A of the Town and Country Planning Act 1990 requires that the Development Plan should be the starting point for the consideration of all development proposals. The current Development Plan for the area comprises the Structure Plan (1994) (LSP), Leicestershire Minerals Local Plan (1995) (MLP) and the Harborough District Local Plan (2001) (HDLP). The Leicestershire, Leicester & Rutland Structure Plan, Written Statement (as proposed to be adopted July 2003) (LLRSP) is also an important consideration.

Leicestershire Structure Plan (adopted May 1994)

27. Environment Policy 2 aims to protect, preserve and enhance areas, sites and buildings of historic, architectural or archaeological importance and states that planning applications on or adjacent to archaeological sites will be considered against the need for their preservation.

28. Environment Policy 7 states that measures will be taken to protect and conserve sites of ecological significance. Where development is to be permitted which could adversely affect any sites of ecological significance, planning conditions will normally be imposed to minimise disturbance, to conserve its ecological interest as far as possible and to provide new habitats where damage is unavoidable.

29. Environment Policy 10 encourages improved management of existing woodlands and aims to increase the woodland cover of the County. Leisure Policy 6 aims to safeguard public rights of way in order to secure access to the countryside.

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30. Minerals and Waste Disposal Policy 1 states that the County Council will, when considering planning applications for mineral extraction, consider the need to release sufficient land to maintain an adequate supply of minerals while minimising environmental effects and to maintain a landbank of permitted reserves of construction aggregates.

31. Minerals and Waste Disposal Policy 2 states that when considering planning applications for mineral extraction, account will be taken of its likely impact on the environment and the operational and economic needs for the development. Where development would cause demonstrable harm to interests of acknowledged importance, planning permission will normally only be granted where the need for the development is sufficient to justify its environmental impact.

32. Minerals and Waste Disposal Policy 3 requires the restoration of mineral sites to an acceptable afteruse at the earliest opportunity, followed by an aftercare programme for an appropriate period. The policy also requires that Best and Most Versatile agricultural land will be restored to an agricultural use, while on other land, priority will normally be given to restoration to water recreation, forestry or nature conservation uses.

33. Minerals and Waste Disposal Policy 7 considers the transportation implications of minerals. The County Council will encourage the transportation of minerals by means other than road. Where road-borne transportation is involved, the County Council will restrict associated heavy lorry movements from using unsuitable roads.

Leicestershire Minerals Local Plan (adopted May 1995)

34. Policy 2 sets out a list of factors that will be taken into account in assessing proposals for mineral extraction. Policy 3 indicates instances where mineral working will not normally be allowed by virtue of the impact on environmentally sensitive areas. Policy 5 sets out measures to control the environmental effects of mineral operations through the imposition of suitable planning conditions.

35. Policy 11 identifies the kinds of conditions likely to be attached to any permission in order to achieve high quality restoration and aftercare. Policy 12 sets out the policy for after uses and aftercare. In particular, it seeks the restoration of the best and most versatile agricultural land to an agricultural use, an increase in woodland cover, the creation of new wildlife habitats and a revised network of rights of way. Policy 13 lists considerations to be taken into account in the assessment of proposals which involve the disposal of waste materials. Policy 14 sets criteria for lower level restoration of mineral workings.

36. Policy 15 is specific to sand and gravel. It lists four sites at which the County Council considers that extensions to existing operations can be achieved without an adverse environmental impact subject to the submission of satisfactory details at the planning application stage. One of these four sites is Slip Inn Quarry. The extension area allocated in the Minerals Local Plan for Slip Inn Quarry is the area

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previously worked under the 1996 permission. Policy 17 contains a presumption against proposals for sand and gravel extraction outside the areas identified on the proposals map, unless the development comprises limited small scale extensions to existing quarries, or it can be demonstrated that the demand cannot otherwise be reasonably met. The proposed extension to Slip Inn Quarry would constitute a small scale extension to an existing site which is one of the allocated sites in the Minerals Local Plan, and would therefore be in accordance with this policy.

Harborough District Local Plan (adopted April 2001)

37. Policy RM/1 presumes against development which would pose an unacceptable threat to the quality and quantity of underlying groundwater. Policy RM/6 aims to protect Best and Most Versatile agricultural land from development. Policy RM/7 safeguards Sites of Special Scientific Interest by resisting development which would adversely affect such sites. Policy RM/9 aims to protect the character, appearance and ecological interest of hedgerows, tree belts and woodlands, watercourses and waterways, wetland habitats, and meadows and unimproved grasslands by resisting development which would adversely affect such features. Policy RM/10 seeks to maintain or improve the ecological and geological diversity of the district by imposing certain criteria which development will have to meet.

38. Policy RM/11 presumes against development which would adversely affect a protected species. Policy RM/12 resists development proposals which would adversely affect the archaeological significance or setting of Scheduled Ancient Monuments or other important archaeological remains. Policy RM/13 attempts to safeguard sites of identified archaeological interest or potential by requiring an archaeological assessment of the site to accompany any planning applications. Policy RM/15 applies to situations where it is neither justified or feasible to preserve archaeological remains within a development site. In this case, planning conditions will be imposed, requiring the excavation and recording of any finds before they are destroyed.

39. Policy EV/1 states that in the consideration of all development proposals, regard will be had to the need to safeguard or enhance the environment of the District. Policy EV/5 resists development acceptable in the countryside and lists the criteria which will have to be fulfilled in order for permission to be granted.

Leicestershire, Leicester and Rutland Structure Plan (as proposed to be adopted July 2003)

40. Strategy Policy 8 aims to protect the countryside from development but does acknowledge that minerals extraction may well have to be located in the countryside.

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41. Resource Management Policy 1 aims to avoid air, noise, water, land and light pollution. Resource Management Policy 5 seeks to protect the best and most versatile agricultural land. Resource Management Policy 7 aims to release land to maintain an adequate supply of minerals to contribute to local, regional and national needs.

42. Resource Management Policy 9 says that planning permission will only be granted where the need for the development outweighs the environmental impact that would arise. Resource Management Policy 12 restricts heavy lorry movements from using unsuitable roads. Resource Management Policy 13 requires restoration of mineral workings to an acceptable use at the earliest opportunity and thereafter a programme of aftercare for an appropriate period.

43. Leisure Policy 4 calls for adequate arrangements to safeguard or provide acceptable alternative public rights of way. Environment Policy 1 seeks to protect, preserve and enhance areas, sites, buildings and settings of historic or architectural interest. Environment Policy 3A aims to protect important species and habitats through the imposition of planning conditions and, where damage is unavoidable, the provision of new or replacement habitats.

Consultations

Harborough District Council

44. Does not wish to comment on this application.

45. Ashby Parva Parish Meeting

• Noise and Dust: The final two phases are much closer to the main village population of Ashby Parva, so their control is more critical. Planning conditions should ensure that control is exercised and allow for action to be taken if such control is inadequate. • Proximity of Phase 8 to Dunton Lane: There is concern that the proposed stand-off along Phase 8 is too narrow and landslides may occur due to the difference in levels. • Visual Amenity: Phase 8 is closest to the village, therefore any action which can be taken to screen the workings is important. Existing screening should also be retained. • Restoration: There is concern that by the time extraction works in Phase 9 have been completed, insufficient material would be available for restoration, and that the operator may have exhausted the supply of revenue-generating material, and therefore may try to cut costs during restoration of the site, especially in light of the current shortage of restoration material available. The planning authority should therefore make any approval subject to conditions which would ensure satisfactory restoration of the site.

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Dunton Bassett Parish Council

46. Backfilling and restoration of the existing phases is behind schedule, and the Parish Council is concerned that restoration will be allowed to drag on. Work adjacent to Dunton Lane is likely to result in more run-off towards the stream near Dunton Mill. This needs to be adequately managed to prevent flooding of the road. The Parish Council also has concern about the restoration of wildlife habitats.

Highway Authority

47. The Highway Authority would seek to resist a development that would lead to a significant increase in traffic that could use an existing access onto a busy unrestricted (60mph) Class I (A426) road where, by virtue of the horizontal and vertical alignment, visibility is substandard. However, taking into consideration the current use of the site and on the basis of information provided by the applicant with regard to vehicular movements, it is unlikely that it would be possible to sustain a reason for refusal on highway grounds. The Highway Authority therefore recommends that conditions are imposed requiring any site traffic to use the existing access; restricting the daily output of sand and gravel and import of waste/fill material; requiring all excavated material to be transported via internal haul roads to the existing processing plant; and resisting the obstruction or diversion of bridleway W103 without prior separate approval from Leicestershire County Council.

Environment Agency

48. No objection in principle, subject to conditions relating to dewatering activities and bunding of tanks. The restoration scheme provides an ideal opportunity to contribute to targets in the Leicestershire and Rutland Biodiversity Action Plan, and that the final restoration scheme should include details of any treatment proposed to the stream crossing the site. The Agency would wish to be consulted on any final restoration proposal that affects the area crossed by the stream to see if any benefit can be gained.

English Nature

49. The application site may support a large population of Great Crested Newts, and the proposals to extend the workings will have a detrimental effect on this population. English Nature is satisfied at this stage with the proposals for mitigation and enhancement. A number of breeding bird species uses the application site, some of which are County Red Data Book species. English Nature is particularly concerned about the impact of the proposals on populations of lapwing and curlew. It is noted that part of the restoration would include a pasture element. English Nature would like this to be of at least the same size as that lost as a result of the development. Any badger setts identified on the site should be subject to the appropriate licensing options if works will encroach within 30 metres of any active badger sett.

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English Nature has no objection to the proposals, subject to planning conditions covering the above and an appropriate working method statement being agreed to ensure that no plants, spoil, plant or machinery is being stored in such a place that it could contaminate ponds identified for breeding great crested newts, and that works are phased to ensure breeding birds are not disturbed.

DEFRA

50. Advises that Defra’s Good Practice Guide for Handling Soils should be followed during soil stripping to minimise the risk of damage to soil structure. Any soils still available from areas of Best and Most Versatile agricultural land should be used to restore manageable blocks of land and should not be mixed with lower quality soils.

Government Office for the

51. Consulted on 20 February 2004. No response received.

Public Rights of Way Advice

52. The proposal would result in vehicles having to cross Bridleway W103 in order to travel between the extraction area and the stockyard, but traffic connected with the extraction operations would not travel along the bridleway. The proposals are of a relatively small scale, with extraction operations taking place twice a year, for approximately 6-7 weeks at a time, over a total period of six years. The development would present a continuation of the existing use of the site, which first commenced in 1979. The Public Rights of Way Officer therefore has no objections to the proposal.

Ecological Advice

53. The County Ecologist recommends that replacement grasslands should be topographically similar to the original. All replacement planting should be of native species, common to the area and of local stock. The site should be monitored to ensure overall biodiversity has not decreased as a result of operations. If it is supported by a long-term, wildlife-friendly management plan, the biodiversity within the existing and new habitats would be enhanced.

Archaeological Advice

54. The application site lies in an area of archaeological interest. It is recommended that a geophysical and field-walking survey and trial trenching be carried out prior to determination of the application.

Publicity

55. The application was advertised in February/March 2004 by 8 site notices posted on Dunton Lane, Lutterworth Road, Cauldwell Lane (south of the site) and along

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the route of Bridleway W103 where it crosses the site area, and by press notices in the Leicester Mercury and the Harborough Mail. In addition, 11 properties located adjacent to the site and in Ashby Parva were notified by letter.

Representations

56. 3 letters of representation relating to the proposed development were received, containing concerns specific to the proposal and general comments. The main concerns raised in these letters are:

Landscape/visual impact • Proximity of Phase 8 to properties north of the extension area and to Dunton Lane • Visibility of operations from Dunton Lane and adjacent properties

Noise • Noise levels generated by operations in Phase 8

Effect on Wildlife • Concern about the effects of removing hedgerows • Ponds containing plant and wildlife should not be tampered with

Restoration • Lack of restoration progress in current extraction area • Uneven restoration of certain fields

Other • Impact of the proposal on the value of nearby properties • Site is poorly maintained – ragwort and thistle growth • Health and Safety aspect of proposals: deep excavations with deep water pose a danger to visitors, especially unescorted children.

Assessment of Proposals

57. This proposal, like any other application, must be determined on its own merits taking account of current relevant Government guidance and advice, the Development Plan, relevant statutory or non-statutory policies and any other material considerations. It is necessary to make a careful assessment of all the issues involved to determine whether the development proposed would cause demonstrable harm to interests of acknowledged importance, and if so, would that harm be offset by other relevant considerations.

58. The Minerals Local Plan Monitoring Report and Key Issues Consultation Paper (May 2003) indicates that the overall reserve figure for sand and gravel stood at some 13.7Mt as at December 2000. This translates to a landbank of approximately 9.2 years at that time.

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Environmental Impact

59. Extraction operations are proposed to take place on a “campaign” basis, with two extraction campaigns per year taking place in early spring and late summer. Only as much soils and overburden as necessary to allow mineral extraction would be stripped from the extraction area during any campaign.

60. The proposal’s main environmental impacts would be noise, dust and the removal of existing natural habitat. These, and other potential impacts, are addressed below.

Noise

61. Slip Inn Quarry is an established sand and gravel quarry located in a predominantly rural area, with Dunton Bassett and Ashby Parva being the nearest villages. The nearest noise sensitive receptors are properties at Boggy Brays Farm and Lodge Farm. The closest point of Phase 8 would be located approximately 800m from Boggy Brays Farm and 500m from Lodge Farm. Phase 9 would be located 540m from Boggy Brays Farm and 800m from Lodge Farm.

62. The applicants have engaged a specialist consultancy to undertake a noise assessment of operations in Phases 8 and 9. The scope of the assessment was threefold: to undertake a background noise survey; to predict the noise from the proposed site during the extraction operation; and to propose noise mitigation for the site if required.

63. The 24 hour background noise survey was undertaken in March 2002 at two locations near the two noise sensitive properties. The background noise levels, with the processing plant in operation (during the permitted working hours) but with no soil stripping or mineral extraction operations taking place, were recorded as 43 dB(A) LA90 (1 hour) at Lodge Farm and 49 dB(A) LA90 (1 hour) at Boggy Brays Farm.

64. There have been very few complaints about noise from the site in recent years, all of which related to reversing bleepers fitted to mobile plant. Within the last year, new “white noise” reversing alarms have been fitted to all plant on site, thereby reducing the probability of noise from plant and machinery becoming intrusive. The operation of the existing processing plant has not given rise to complaints in the last few years and is therefore unlikely to do so in the future as no alterations to the set-up or operation of the processing plant are proposed as part of this application.

65. The biggest potential source of noise complaints would be the soil stripping and extraction operations, which, as the noise modelling shows, would not lead to a discernible increase in noise levels over and above the existing background noise levels. In the past, soil stripping and mineral extraction has been carried out by external contractors using their own mobile plant. It is understood that when this was the case, one of the conditions of the contract was that acoustic reversing alarms had to be silenced or muffled.

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66. The noise modelling predicts that the (theoretical) noise levels caused exclusively by mineral extraction operations would be between 35 and 37.9 dB LAeq at the two sensitive receptors, Boggy Brays Farm and Lodge Farm, meaning that the noise caused by extraction operations are likely to be absorbed by existing background noise. The predicted levels are below the suggested thresholds of 10 dB LAeq (1 hour) above existing background noise levels, subject to a maximum of 55 dB LAeq (1 hour), as set out in MPG11. The proposal would therefore be in accordance with relevant Government guidance on noise.

Dust

67. An assessment of the impact of airborne dust has been carried out on behalf of the applicant. Annex 1 to the ODPM’s Revised Draft for Consultation of Minerals Policy Statement (MPS) 2, Controlling and Mitigating the Environmental Effects of Mineral Working, states that concerns about dust are most likely to be experienced near to dust sources, generally within 100 metres, depending on site characteristics and in the absence of appropriate mitigation. The dust assessment considered impacts due to dust at distances up to 250m from the site boundary and identifies Boggy Brays Farm as the only potential receptor within this area. The farm is located 50m from the site boundary and 100m from the nearest point of the internal haul road, but 540m from the nearest extraction area. The nearest stockpiles are situated approximately 150m south east of the property. Other properties in Ashby Parva and Dunton Bassett, and isolated properties to the north of the site along Dunton Lane, are situated at distances of 500m or more from potential dust sources on the site.

68. As the area is predominantly rural, agricultural activity is the principal potential source of dust generation apart from quarrying operations and ready-mixed concrete batching. The nearby M1 and A426 have also been identified as potentially significant dust sources but are lying downwind of the quarry.

69. Monitoring data from a dust deposition gauge near Boggy Brays Farm showed dust deposition rates which were elevated on occasion, although the direction data indicated that the principal dust source was not located within the application site. The assessment concludes that, providing visible dust emissions are not created on the haul route, the proposed development would be unlikely to result in adverse impacts due to dust at Boggy Brays Farm. Due to the location of other residential properties and their distance from the potential dust sources, it is considered that significant impacts from dust are also unlikely to occur at these properties.

70. In the event that planning permission is granted, conditions would be attached to the permission requiring all operations to be carried out in a manner which minimises the emission of dust from the site, and operations to be temporarily suspended if unacceptable levels of dust are being generated.

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Environmental Impact – Flora and Fauna

71. The EU Habitats Directive requires Member States to endeavour to encourage the management of features of the landscape which are of major importance for wild flora and fauna. Such features are essential for migration, dispersal and genetic exchange because of their linear and continuous structure or their function as ‘stepping stones’.

72. PPG9 recognises that important nature conservation issues relate to areas outside statutory sites, and that development can contribute to biodiversity. Non- statutory sites of nature conservation interest, landscape features of major importance to wildlife, and the full range of wild species and their habitats should therefore be conserved and, where possible, enhanced by development proposals.

73. A number of ecology surveys were undertaken prior to the submission of the application. These include a Phase 1 habitat survey and desk study exercise, water vole, bat, breeding bird, hedgerow and grasslands surveys. In addition, four ponds on the site were surveyed for amphibians.

74. The application area includes part of a District level Site of Ecological Importance, consisting of grassland, two ponds which are classified as Parish level Sites of Ecological Importance, an important network of hedgerows, and a range of protected and notable species. There are no statutory wildlife sites within the application site itself or within a radius of 1.5km around it.

75. The surveys have identified great crested newt, badger, bats and water vole habitats within the site. The Environmental Statement submitted with the application considers the impact of the proposed development on these species and their habitats. Water vole would not be affected by the proposed mineral extraction. The creation of replacement wildlife ponds close to the stream inhabited by water vole would encourage the expansion of the species. In respect of Great Crested Newt, it would be likely that some of the terrestrial habitat of the species would be destroyed, in addition to the loss of a pond.

76. Known bat roosts would not be lost in the proposed extraction areas. Nevertheless the proposal would have an impact of bats as it would involve the removal of a hedgerow which has been identified as a bat foraging corridor. However, the abundance of available feeding habitat in and around the quarry suggests that the impact on bats is likely to be limited.

77. The loss of sections of hedgerow would lead to the short term loss of breeding habitat for birds. The survey identifies the impact as localised and of low significance due to the abundance of similar habitat in the countryside surrounding the site.

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78. The grassland classified as a District level Site of Ecological Importance is located in a field to the east of Phase 9. No mineral extraction would take place in this field, therefore the grassland would not be destroyed. Other areas of grassland which would be lost due to mineral extraction have the potential to serve as habitat for ground nesting and foraging species such as skylarks. Again, the abundance of similar habitat in the countryside surrounding the site would mean that the temporary loss of this habitat would be of low significance.

79. A number of hedgerows on the site would require removal to enable mineral extraction. Most of these have been identified by a hedgerow survey as being of Grade 2 importance. The hedgerow crossing the Phase 8 extraction area has been identified as one of two hedgerows on the site of Grade 1 importance (the other being located in the 1990 permission area, north east of Phase 9, but not requiring removal).

80. The proposed mitigation measures include:

• Great Crested Newt: creation of new ponds to replace those lost as a result of the development. The replacement ponds would be created in advance of the existing ponds being lost, in order to assist the translocation of the species. Captured newts would be moved to safe areas away from the development works. • Amphibians: The replanting of hedgerows and planting of woodland areas would increase the amount of available terrestrial habitat for amphibians. • Bats: Reinstatement of hedgerows and block woodland planting would lead to an overall increase in commuting corridors and foraging habitats. • Nesting birds/hedgerows: Following mineral extraction, backfilling and soil replacement, hedgerows would be reinstated along their original lines.

These proposed mitigation measures would be acceptable.

81. The impact of the proposals on flora and fauna on the site has been taken into account in the design of the scheme. The proposed mitigation measures and the restoration scheme would ensure that the impact on species and their habitats is kept to a minimum. Additional controls would, should Members resolve to grant planning permission, be imposed through suitably worded planning conditions.

Landscape and Visual Impact

82. The overall strategy of the Leicestershire Structure Plan (LSP) states that measures will be taken so that ‘the environment is conserved and where possible enhanced’. The overall strategy for the Replacement Structure Plan (LLRSP) also has as one of its aims: ‘protecting and enhancing irreplaceable and essential features and assets of the natural environment’.

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83. Strategy Policy 4 of the LSP states that ‘Development having a significant adverse effect on the appearance or character of the landscape will not normally be appropriate.’ Strategy Policy 9 of the LLRSP states that ‘The Countryside will be protected for its own sake. Development in the Countryside will only be acceptable if it has no adverse effect on the appearance and character of the landscape’.

84. A visual impact assessment has been carried out on behalf of the applicant. The assessment concluded that the quality of the local landscape is generally high. Due to local topography and the existence of intervening vegetation, potential views of the site are likely to be restricted to localised receptors. The main areas of visual impact would be along Dunton Lane, adjacent to the Phase 8 extraction area; views from Dunton Mill and Lodge Farm, two properties to the north of Phase 8; and from Bridleway W103 which crosses the site. Other areas of visual impact would be to the south of the quarry, where views may be possible from Cauldwell Lane, which connects Ashby Parva with the A426 Leicester to Lutterworth Road. The existing plant and stocking area is visible from the A426 south east and east of the site, but the views from this area do not have a significant negative impact. There would be no change to the plant and stockyard as a result of the proposal, and therefore the visual impact from this viewpoint would not change. The existing hedge along Dunton Lane would be ‘gapped up’ and strengthened to provide improved screening of the workings in Phase 8.

85. Given that the proposals represent relatively modest extensions to the existing workings, are of fairly short duration and are proposed to be restored to existing levels and field patterns, the proposed development could be absorbed and integrated into the local landscape without significant or long-term negative impact. The proposal would therefore be in accordance with the above policies. On this basis there is no objection in principle on landscape or visual grounds.

Highways / Traffic Impact

86. The proposal would not lead to an increase in HGV movements as the development would present a continuation of previous operations rather than resulting in an increase in production. All vehicle traffic would continue to use the existing site access off the A426 Lutterworth Road. No vehicles would access or leave the site via Dunton Lane.

Public Rights of Way

87. Bridleway W103 crosses the site in a north-south direction. Vehicles transporting mineral from the extraction areas to the stockyard would need to cross the route of the bridleway. MLP Policy 3, Environmental Considerations, indicates that proposals for mineral workings will not normally be permitted where the development would adversely affect public rights of way unless adequate arrangements can be made to safeguard the existing routes or to provide acceptable alternatives. Harborough District Local Plan Policy TR/7 also aims to protect public rights of way. As the proposed operations are of a relatively small

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scale, with extraction taking place twice a year, for approximately 6-7 weeks at a time, over a total period of six years, the impact on the bridleway would be limited and the development would be in accordance with these policies.

Archaeology

88. A desk-based assessment of the application site has been carried out prior to the submission of the application. The assessment has shown that there are no known sites within the application area. However, the site has not been surveyed and is located in the vicinity of flint scatters of Mesolithic, Neolithic and Bronze Age date. There is also evidence of probable Roman occupation to the south east of the proposed development area. The assessment therefore concludes that the area has moderate archaeological potential.

89. The nature of the proposal means that any potential archaeological remains could not be preserved in situ. The County Council’s Archaeology Service therefore recommends a geophysical and fieldwalking survey of the entire development area, to better determine the character and extent of any buried archaeological remains. In the event that the geophysical survey indicate the existence of archaeological remains on the site, trial trenching should be carried out to locate and identify any archaeological remains of significance, and propose suitable treatment to avoid or minimise damage by the proposed development. Should planning permission be granted it would be subject to a condition requiring a programme of archaeological work including geophysical surveys and, if necessary, trial trenching to be implemented prior to the commencement of soil stripping or mineral extraction works.

Amended Restoration Scheme

90. The application also includes an amended restoration scheme covering the entire quarry. Condition 57 of planning permission 1996/0467/03 requires that in the event of the operator being prevented from commencing extraction operations in any phase of the development by virtue of the specific phasing requirements imposed by the permission, the restoration of the site be adjusted and be carried out in accordance with a revised restoration scheme which shall be submitted for approval to the mineral planning authority.

91. At the time of mineral extraction in Phases 6 and 7 of the 1996 permission area it became apparent that the amount of mineral to be worked in these phases was smaller, and its quality lower, than anticipated. As a result mineral extraction works progressed much faster than expected at the time the phasing of the site was agreed. In addition, market conditions meant that very little inert material was available for landfilling. Large parts of the area worked under the 1990 permission are therefore still awaiting restoration.

92. It is considered that the amended restoration scheme now submitted as part of the current planning application would form an acceptable basis for the restoration and afteruse of the site, subject to the approval of a detailed scheme of restoration and afteruse, and would therefore fulfil the requirements of Condition 57 of planning permission 1996/0467/03..

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Conclusion

93. In conclusion, it is considered that the proposed development does not conflict with either national planning policy and guidance, or the Development Plan (particularly the Minerals Local Plan). The main areas of concern (loss of hedgerows and other habitat and potential for noise and dust generation) are either mitigated by various measures contained within the planning application or can be overcome through the imposition of conditions such that the proposed development would not cause unacceptable impact to local residents and the local environment. It is therefore recommended that the proposed development be permitted subject to the imposition of conditions.

Recommendation

A. PERMIT subject to the conditions as set out in the appendix.

B. To endorse, as required by The Town and Country Planning (General Development Procedure) Order 1995 (as amended), a summary of the:

(i) policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant development plan policies, including the following, and those referred to under the specific conditions as set out in the appendix:-

Leicestershire Structure Plan (1994) Environment Policies 2, 7, 10 Minerals and Waste Disposal Policies 1, 2, 3, 7

Leicestershire Minerals Local Plan (1995) Policies 2, 3, 5, 11, 12, 13, 14, 15, 17

Harborough District Local Plan (2001) Policies RM/1, RM/6, RM/7, RM/9, RM/10, RM/11, RM/12, RM/13, RM/15, EV/1, EV/5, TR/7

(ii) reasons for the grant of planning permission, as follows:

The County Council considers that the proposed development accords with the development plan and there are no material considerations that indicate that the decision should be made otherwise. The County Council also considers that any harm to the local environment as a result of the proposed development would reasonably be mitigated by the imposition of conditions as set out in the appendix, and that any harm would be outweighed by the benefits associated with the proposal.

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Background Papers

1. Planning Application No. 2004/0269/03 and all associated correspondence held on file. 2. Planning Permission No. 1996/0467/03 dated 5 February 1997.

Circulation Under Sensitive Issues Procedures

Mr. D. Jennings, CC Mr. Ian M. Morris, CC

Officer to Contact

Mr G. Urban (Tel. 0116 265 6756) E-Mail: [email protected]

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Conditions

General Provisions

1. The development to which this permission relates shall commence no later than 5 years from the date of this permission. Written notification shall be sent to the Director of Community Services within 7 days of commencement of

a) site preparation works, and b) mineral extraction.

2. This permission shall be limited to a period of 10 years from the date of the commencement of development, by which time mineral extraction operations shall have ceased, all buildings, plant and machinery been removed and the site restored to the satisfaction of the Director of Community Services in accordance with the other conditions attached to this permission (but excluding aftercare).

Availability of Plans

3. A copy of this permission together with all documents hereby approved and any other documents subsequently approved in accordance with any condition of this permission shall be kept available for inspection on site during the prescribed working hours.

Approved Details

4. Unless otherwise required by conditions attached to this planning permission, the development hereby permitted shall be carried out in accordance with the details contained in planning application reference 2004/0269/03 dated 10 February 2004 and the accompanying Environmental Statement, as amplified and amended by letters from RMC (UK) Ltd. dated 5 April 2004 and 4 August 2004.

Restriction of Permitted Development Rights

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended),

a) No fixed plant or machinery, buildings, structures and erections shall be erected, extended, installed or replaced at the site without the prior approval in writing of the Director of Environmental Services; and

b) No lights or fences shall be installed or erected at the site unless details of them have been submitted to and agreed in writing by the Director of Environmental Services.

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Hours of Operation

6. Except in emergencies to maintain safe quarry working (which shall be notified to the Director of Community Services as soon as practicable) or unless otherwise agreed in writing by the Mineral Planning Authority, no operations (other than water pumping) shall be carried out at the site except between the hours of 0700 and 1800 Monday to Friday and 0700 and 1400 on Saturdays. No operations shall take place at the site on Sundays, Bank Holidays and Public Holidays.

Access and Highways

7. Access to and egress from the site shall only be by means of the existing site access onto the A426 Leicester to Lutterworth Road. There shall be no access to the site from, or egress from the site to, Dunton Lane.

8. All vehicles exporting mineral from or importing waste to the site shall be sheeted.

9. No vehicles shall enter the public highway unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.

Working and Phasing Details

10. Mineral extraction operations, and subsequent infilling and restoration, shall take place sequentially from Phase 8 to Phase 10 as shown on Drawing nos. SL2/4 to SL2/7 submitted with the planning application. Unless otherwise agreed in writing by the Director of Community Services, operations (including soil stripping) shall not commence in Phase 9 until all mineral has been extracted from Phase 8 and the mineral extraction areas permitted under planning permission reference 1990/0873/03 (excluding the line of the haul road crossing this area) and the areas known as Phases 4 and 7 in the area covered by planning permission reference 1996/0476/03 have been restored to the satisfaction of the Director of Community Services. Unless otherwise agreed in writing by the Director of Community Services, operations in Phase 10 shall not commence until Phase 8 has been completely restored to the satisfaction of the Director of Community Services. The replacement of soils in each of the phases shall be carried out as soon as weather and site conditions allow and in accordance with Conditions no. 49-62 below.

11. Not later than 2 years from the commencement of development, and then on an annual basis, the operator shall submit written confirmation (including plans) of the progress of the mineral extraction, infilling and reinstatement carried out in accordance with Condition no. 10 above for the consideration of the Director of Community Services.

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12. Notwithstanding the requirement of Condition no. 11 above, the progress of mineral extraction, infilling and reinstatement shall be the subject of an annual review between the operator and the Director of Community Services or his representative. The meeting shall take place on the site on a date arranged by the operator and confirmed in writing to the Director of Community Services not later than 2 weeks prior to the meeting.

13. All excavated material shall be transported via internal haul roads. All haul roads shall be located at quarry floor level. All mineral shall be taken to the processing plant for processing. No material shall be exported from the site by public highway.

14. Unless otherwise agreed in writing by the Director of Community Services, no stockpiling or storage of sand and gravel shall take place outside the stockyard.

Dust

15. All operations shall be carried out in a manner which minimises the emission of dust from the site. All haul roads shall be compacted. All haul roads and dry exposed materials shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne.

16. At such times as operations on site give rise to unacceptable levels of dust leav