Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Westwood Quarry Doublebois Liskeard th On 12 October 2012 Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this 0 breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this 3 time by the Operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 28 Page 1 of 19 Page 2 of 19 1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria; Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non- compliance or breach of this condition may result in the instigation of enforcement action. Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. 1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004. Page 3 of 19 2. Details of Site Monitoring Visit Site Name and Address: Westwood Quarry, Penhale, East Taphouse, Cornwall Planning Permission(s): (CN/96) 94/748 Proposed reopening of and extension to disused quarry dated 31/10/1994 Note The ROMP application for the above decision notice (ref PA10/08855) was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. Negotiations are being undertaken with regards to identifying the reviewed planning conditions Legal Agreement(s): None Operator: Lantoom Ltd Site Status: Active under the EA 1995, although the quarry is not currently working Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Stephanie Bowkett, Development Officer, Cornwall Council Date of Visit: 12th October 2012 Time on Site: 11.45 Time off Site: 12.30 Attendees: Mr Richard Crocker – Director Lantoom Ltd Weather: Overcast, Light Winds Ground Conditions: Damp Report Author: Stephanie Bowkett, Development Officer, Cornwall Council Page 4 of 19 3. Compliance with Planning Conditions NR/94/00044/MIN - (CN/96) 94/748 Reopening of and extension to disused quarry dated 31/10/1994 Note The ROMP application for the above decision notice (ref PA10/08855) was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. Negotiations are being undertaken with regards to identifying the reviewed planning conditions. For this reason the conditions from the 1994 mineral permission and the proposed wording for new conditions have been identified below. Condition Number and Description Condition 1. Commencement The development hereby approved shall have been commenced within five years from the date of this permission. Notes Following Visit The development commenced within the approved timescale. However there has not been any extraction or tipping at the quarry for some time and no operations are currently underway. Condition Number and Description Condition 2. Permission The permission shall not be valid after 30th September, 2019. Unless planning permission has been granted for a continuation of the operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and temporary buildings removed and the land reinstated in accordance with the further conditions overleaf. Notes Following Visit This permission will expire on 30 September 2019. Notwithstanding this the conditions attached to this decision notice are subject to a review every fifteen years under the Section 96 of the Environment Act 1995, with the periodic review date being due by 31st October 2009. As letter dated 12 November 2008 and email dated 28 August 2009 the Operator made a request for the submission date for the review application be deferred until 31 October 2011. As letter dated 29 October 2009 the Mineral Planning Authority considered the request but found that it would be unacceptable to agree to an extension of time for 24 months but confirmed it was willing to extend the period for submission for 12 months until 31 October 2010. As letter dated 22 September 2010 the Operator requested a further postponement of the review until 30 September 2011. However for the reasons outlined in the letter dated 1 November 2010 the Mineral Planning Authority found this unacceptable but agreed a further extension of time of 3 months until 31 January 2011. The Period Review application PA10/08855 was validated on 14th January 2011, with the determination date being identified as 11th March 2011. As letter dated 8th April 2011 the Operator agreed to an extension of the determination date until 14th May 2011. This date passed without the ROMP application being determined or a further extension being agreed. The Mineral Planning Authority had not at the time of this visit issued a new decision notice for the ROMP application and negotiations are being undertaken with regards to identifying the reviewed planning conditions. ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should determine the Westwood Quarry ROMP application ref PA10/08855 validated on 14th January 2011. Condition Number and Description Condition 3. Access Except as may otherwise be agreed with the Mineral Planning Authority (MPA) before any of the development hereby permitted is brought into use the access road junction layout and visibility splay (to maximum height of 0.25 metre above the adjoining carriageway level) shall be laid out and provided in accordance with the approved plans (Drawing Nos. 1/06/B and 1/05/B). Notes Following Visit The junction was considered satisfactory following a monitoring visit dated 20th January 2009. Page 5 of 19 Condition Number and Description Condition 4. Access Except as may otherwise be agreed with the MPA before any of the development hereby permitted is brought into use the new access road shall be surfaced and drained in accordance with a scheme to be submitted to and approved by the (MPA), (in consultation with the County Surveyor) with the first 50 metres from the County Highway (i.e. that section coloured yellow on Drawing No. 1/02/E) being suitably hard surfaced with concrete or bitmac. The remainder of the access track (shown diagonally hatched on the above-mentioned plan) shall be surfaced with bound macadam and be delineated by post and wire hawthorn hedging as so indicated. Notes Following Visit The first 50 metres of the access track coloured yellow on Drawing 1/02/E was considered satisfactory during a monitoring visit dated 20th January 2009. So far there has not been a need to relocate the later part of the access track further southwards to the position shown hatched diagonally on the above mentioned plan, as the quarry void has not progressed to that extent. At the time of the visit the access track still follows the edge of the quarry void at a more northerly position. Given that the site remains non operational the Mineral Planning Authority suggests that the track should be relocated at a time when the quarry void has progressed and necessitates the movement of the track.