Application No: MW.0154/13 District Ref: P13/S3979/CM OXFORDSHIRE COUNTY COUNCIL County Planning Authority TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010 To: Taylor Wimpey Oxfordshire Windrush Court Suite J Abingdon Business Park Abingdon OX14 1SY CONDITIONAL PLANNING PERMISSION Section 73 application for variation of conditions 14 & 20 attached to planning permission P93/NO288/CM for extension of time of 12 months for completion of restoration works at Chinnor Cement Works, Hill Road, Chinnor, Oxfordshire, OX39 4AY The OXFORDSHIRE COUNTY COUNCIL as County Planning Authority hereby GRANT PLANNING PERMISSION for this development SUBJECT TO the conditions set out in the attached Schedule 1. The reasons for the imposition of the conditions are as set out in the attached Schedule 1. The relevant Development Plan policies are set out in the attached Schedule 2. The reasons for approval are set out in the attached Schedule 3. Dated: 07/03/2014 on behalf of Deputy Director (Strategy and Infrastructure Planning) YOUR ATTENTION IS DRAWN TO THE NOTES OVERLEAF Notes IMPORTANT This permission does not convey or imply any approval or consent which may be required under any enactment, byelaw, order or regulation other than section 57 of the Town and Country Planning Act 1990. Application for approval under the Building Regulations must be made to the Council for the district in which the land is situated. Except in the case of small domestic development, the Chief Fire Officer, Sterling Road, Kidlington, Oxford, OX5 2DU, Telephone: Kidlington 4211, should be consulted before work is commenced. This may save expensive alterations at a later stage. In certain circumstances a claim may be made against the local planning authority for compensation where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are set out in section 114 of the Town and Country Planning Act 1990. Appeals to the Secretary of State If you are aggrieved by the decision of the County planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. As this is a decision on a planning application on the same or substantially the same land and development as is already subject to an enforcement notice, If you want to appeal, then you must do so within 28 days of the date of this notice, using a form, which you can get from the Planning Inspectorate at Temple Quay House, 2, The Square, Temple Quay, Bristol. BS1 6PN Helpline: 0117 3726372 Website: www.planningportal.gov.uk/planning/appeals The Secretary of State can allow a longer period for giving notice of an appeal, but he will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to him that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. In practice, the Secretary of State does not refuse to consider appeals solely because the local planning authority based their decision on a direction given by him. Purchase Notices If either the County planning authority or the Secretary of State refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor render the land capable of a reasonably beneficial use by the carrying out of any development which has been or would be permitted. In these circumstances, the owner may serve a purchase notice on the Council of the District in whose area the land is situated. This notice will require the Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. Schedule 1 - Conditions 1. The development shall be carried out solely in accordance with planning permission no. P93/NO288/CM and the details submitted with the application unless modified by the conditions of this permission. The permitted details consist of: Application for Determination of Conditions on IDO Permission dated 11/05/92 Planning Application dated 22/11/13 Supporting Statement dated January 2014 Plan 1A Boundary of IDO Area (dated 15/04/93) Plan 1B Boundary of IDO Area (dated 16/04/93) Plan 1C Existing Site Layout (dated 25/01/93) Plan 2 Existing Surface Levels (dated 25/01/93) Plan 3A Proposed Phasing of Excavation (dated 02/02/93) Plan 3B Schematic Cross-Section Illustrating Layout and Method of Working and Restoration (dated 19/04/93) Plan 4 Proposed Final Excavation Contours (dated 02/02/93) Plan 5 Stockpiles (dated 25/01/93) Plan 6: Chinnor Restoration Concept Plan (dated 28/07/93) Plan 6b: Chinnor Restoration Concept Plan (dated 28/07/93) Plan 7 Services (dated 25/01/93) Plan 8 Area Boundaries (1, 2 and 3) (dated 16/04/93) Cover Letter for Details Pursuant Submissions dated 27/01/08 Plan D1689.L.270 Quarry Landscape Restoration Proposals (dated Oct ’08) Plan D1689.L.271 Quarry Landscape Restoration Proposals (dated Oct ’08) Plan D1689.L.272 Quarry Landscape Restoration Proposals (dated Oct ’08) Chinnor Restoration Concept Plan – Supporting Notes Chinnor Cement Works Restoration Management Plan (dated November 2008) Slope Stability Assessment for Closed CKD Landfill (dated Sept ‘10) Plan 4382:703 Cut & Fill Volume Analysis for Proposed Restoration Works (dated 08/12/09) Plan 4382:950 CKD Works Drainage Strategy Rev D (dated 04/05/11) Plan 4382:704 CKD Cross Sections (1) (dated Jan ’10) Plan 4382705 CKD Cross Sections (2) (dated Jan ’10) Former Chinnor Cement Works: Assessment of Drainage to OW5 (dated April 2011) Plan 4382:712 CKD Sewer Outfall Cross Sections Rev A (dated 04/05/11) Reason: To ensure the development is carried out as proposed. Policy: OMWLP PE18 2. No further mineral extraction shall take place on site. Reason: To ensure the development is carried out as proposed. Policy: OMWLP PE18 3. The access or haul road shall be maintained to ensure a smooth running surface free of pot holes and kept free of mud and other debris at all times until completion of site restoration and aftercare. Access or haul roads shall be removed when no longer required for the purposes of accessing the site during the course of site restoration, other than those to be retained as shown on approved Plan 6: Chinnor Restoration Concept Plan (dated 07/07/93). Reason: In the interests of highway safety, to reduce the effect of noise and dust on residents of Chinnor, and to ensure the satisfactory restoration of the site. Policy: OMWLP PE18 4. Noise levels arising from the site shall not exceed 60 dB(LAeq) (1 hour), freefield at any residential property within or outside the site. Reason: To protect the amenities of local residents. Policy: OMWLP PE18, OMWLP PE13 5. No development shall take place except in accordance with the approved restoration scheme specified in: Plan 6: Chinnor Restoration Concept Plan (dated 07/07/93) Plan 6b: Chinnor Restoration Concept Plan (dated 28/07/93) Plan D1689.L.270 Quarry Landscape Restoration Proposals (dated Oct ’08) Plan D1689.L.271 Quarry Landscape Restoration Proposals (dated Oct ’08) Plan D1689.L.272 Quarry Landscape Restoration Proposals (dated Oct ’08) Chinnor Restoration Concept Plan – Supporting Notes Chinnor Cement Works Restoration Management Plan (dated November 2008) Landscape Design Statement Slope Stability Assessment for Closed CKD Landfill (dated Sept ‘10) Plan 4382:703 Cut & Fill Volume Analysis for Proposed Restoration Works (dated 08/12/09) Plan 4382:950 CKD Works Drainage Strategy Rev D (dated 04/05/11) Plan 4382:704 CKD Cross Sections (1) (dated Jan ’10) Plan 4382705 CKD Cross Sections (2) (dated Jan ’10) Former Chinnor Cement Works: Assessment of Drainage to OW5 (dated April 2011) Plan 4382:712 CKD Sewer Outfall Cross Sections Rev A (dated 04/05/11) The Mineral Planning Authority must be informed within 1 month upon the completion of restoration. Reason: To ensure that the site is reclaimed in an orderly manner to a condition capable of beneficial afteruse and in the interests of the amenity of local residents. Policy: OMWLP PE13 6. All buildings, plant and machinery to which this permission relates shall be removed from the site and restoration shall be completed by 23rd November 2014. Reason: To ensure restoration takes place when working has ended. Policy: OMWLP PE13 7. No imported soil materials shall be used to restore areas 1, 2A and 3 as shown on approved plan 6b. Reason: To ensure satisfactory restoration of the site. Policy: OMWLP PE13 8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended, or any order revoking and re-enacting that order, no buildings, plant or machinery (whether of fixed or portable design) and-associated with winning and working of chalk shall be erected or placed on site without the prior approval of the local planning authority in writing. Reason: To ensure satisfactory restoration of the site. Policy: OMWLP PE13 9. No operations, including HGVs entering and leaving the site, other than water pumping or environmental monitoring, shall be carried out at the site except between the following times:07.00 to 18.00 Mondays to Fridays 07.00 to 13.00 Saturdays. No operations shall take place on Sundays, Public or Bank Holidays. Reason: To protect the amenities of local residents of Chinnor Policy: MWLP PE18 10. No reversing bleepers or other means of audible warning of reversing vehicles shall be fixed to, or used on, any vehicle operating on the site, other than those which use white noise. Reason: To protect the residents of Chinnor from noise intrusion Policy: OMWLP PE18 11. No development shall take place except in accordance with the aftercare scheme specified in the approved Restoration Management Plan dated November 2008. Reason: To ensure the productive afteruse of the land Policy: OMWLP PE18 12. Access to the site shall be afforded at all times to bone fide geologists or geology students. Reason: To ensure that the geological interest of the site is available for view and study by interested parties. Policy: OMWLP PE18 Informative OIL STORAGE Any chemical or fuel storage containers on the site shall be sited on an impervious surface with bund walls; the bunded areas shall be capable of containing 110% of the container’s or containers’ total volume and shall enclose within their curtilage all fill and draw pipes, vents, gauges and sight glasses. There must be no drain through the bund floor or walls. BIODIVERSITY If any protected species [e.g. bats, badgers, dormice, otters, water voles, reptiles, amphibians, breeding birds] are found at any point, all work should cease immediately. Killing, injuring or disturbing any of these species could constitute a criminal offence. BREEDING BIRDS All bird nests, eggs and young are protected under the Wildlife & Countryside Act 1981 (as amended) which makes it illegal to intentionally take, damage or destroy the nest of any wild bird while it is use or being built. Therefore, no removal of vegetation (trees, scrub, hedgerows, grassland) should take place between 1st March and 31st August inclusive to prevent committing an offence under the Wildlife & Countryside Act 1981 (as amended). BADGERS All deep excavations should be suitably ramped and any pipe-work associated with the development covered overnight to minimise the risk of badgers being inadvertently killed and injured within the active quarry after dark. This is to ensure the protection of badgers and avoid committing a criminal offence under the Badger Act 1992. Schedule 2 - Relevant Development Plan Policies Oxfordshire Minerals and Waste Local Plan (OMWLP) Policy PE13 (Restoration) PE18 (Regulation of development through imposition of conditions. Code of Practice) South Oxfordshire Core Strategy (SOCS) Policy CSEN1 (Landscape) Schedule 3 - Reasons for Approval The extension in time of 12 months to allow the completion of the restoration of is considered to be acceptable. There would be no significant impacts resulting from this extension of time. The proposal is in accordance with development plan policy on restoration, landscape and amenity. Compliance with National Planning Policy Framework In accordance with paragraphs 186 and 187 of the NPPF Oxfordshire County Council take a positive and proactive approach to decision making focused on solutions and fostering the delivery of sustainable development. We work with applicants in a positive and proactive manner by; • offering a pre-application advice service, • updating applicants and agents of any issues that may arise in the processing of their application and where possible suggesting solutions.