Agenda No.
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
5
THURSDAY 27 FEBRUARY 2014, AT 10.00 A.M.
EAST HERTS DISTRICT
APPLICATION TO EXTEND THE IMPLEMENTATION PERIOD UNTIL 2017 FOR
PLANNING PERMISSION 3/0629-06 FOR AN EASTERN EXTENSION FOR
SAND AND GRAVEL EXTRACTION AT RICKNEYS QUARRY, HERTFORD,
HERTS.
Report of the Chief Executive and Director of Environment
Author:
Iain Leech Tel: 01992 556225
Local Member:
Ken Crofton
1.
Purpose of Report
1.1
To consider planning application reference 3/2077-13 to extend the
implementation period of planning permission 3/0629-06 and accompanying
Environmental Statement for an eastern extension to Rickneys Quarry for
sand and gravel extraction until 31 December 2017. The committee report
for planning permission 3/0629-06 is in Appendix two of this report.
2.
Summary
2.1
Planning permission for an eastern extension at Rickneys Quarry to allow
sand and gravel extraction was granted in 2009 by Hertfordshire County
Council. The permission provided a period of four years (until 31 December
2013) to implement the development.
2.3
Due to the economic downturn, the applicant has not commenced
development within that four year period and seeks to extend the
implementation period for a further four years until 31 December 2017.
2.4
The application is accompanied by an Environmental Statement and
regulations provide that account must be taken of the environmental
information in reaching a decision.
2.5
The proposed extension area would measure approximately 10.4 hectares
allowing about 1.24 million tonnes of sand and gravel to be extracted.
Extraction would occur in four phases with extraction taking between 4 and 5
years to complete with up to 300,000 tonnes of material being extracted per
annum. Restoration would be to a low level profile and would not require the
importation of any waste or any land filling/raising.
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2.6
A public right of way (Bengeo Footpath 12) that crosses the proposed
extraction area would need to be permanently diverted.
2.7
Extraction would be with excavators with the sand and gravel loaded into
dumper trucks. The material would then be placed onto a field conveyor that
would carry material to the processing plant.
2.8
The proposed hours of operation would be 0700-1800 Monday to Friday and
0700-1300 on Saturdays. The proposed level of extraction would result in
an average of 6 lorry loads of material leaving the site every hour during
weekdays (12 vehicle movements in total per hour) and 3 per hour on
Saturdays (6 vehicle movements per hour in total). A right-hand turn lane
would be constructed on the B158 for HGVs to turn into the existing site
access.
2.9
During phased extraction the area would be progressively restored to a low
level so that as extraction finished on a phase, restoration would commence.
2.10 The site would be restored to woodland, low fertility grassland (a suitable
habitat for invertebrates) and agricultural grassland. Two new hedgerows
would also be planted, one running north to south through the eastern
extension area and one following any diverted public right of way (Bengeo
Footpath 12).
2.11 The application site is located within land at Rickneys Quarry which has
been identified as a “Preferred Area” for sand and gravel extraction in the
Adopted Hertfordshire Mineral Local Plan Review 2002-2016. The inclusion
of land at Rickneys Quarry as a Preferred Area was endorsed by an
independent Planning Inspector following a Local Plan Inquiry.
2.12 The principal issues to be taken into account are:
 Green Belt
 the status of the site as a Preferred Area for future extraction
 the need for the development, balancing this need against strategic
mineral planning policy for mineral supply and any associated
detrimental impact of the development;
 the landscape and visual amenity implications;
 the potential impact on groundwater resources;
 potential highway impacts
 impact on the archaeology and ecology of the area, and;
 the noise, dust and other environmental impacts of the proposal,
including cumulative impact.
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4.
Background to Environmental Assessment
4.1
The planning application is accompanied by an Environmental Statement.
This is the same as previously submitted except that an up to date
ecological survey has been carried out to update the ecology section.
4.2
The Environmental Statement included a technical section with chapters on
landscape and visual impact assessment; soils and agricultural impacts;
ecology, archaeology, hydrology and hydro-geology; highways and traffic
impact; noise; and air quality. Further appendices included extracts from the
Minerals Local Plan Review Inquiry Inspector’s report into objections;
agricultural land classification report; Annexes to the ecological impact
assessment, archaeological desk based assessment, and traffic
assessment.
4.3
It also included additional environmental information
 a revised Transport Assessment (flow diagrams of existing and predicted
traffic flows);
 a revised Noise Assessment (corrected figures in the Noise Assessment
and Annexe 1 and an amended assessment of noise sensitive
properties);
 a revised Final Restoration Plan (scheme for the proposed extension
area and existing plant area as well as further improvements to
previously restored areas to create habitat for wildlife conservation);
 a revised Ecological Impact Assessment (further analysis of the
ecological impacts of the proposal on different species of wildlife with
particular regard to protected species including Grizzled Skipper
Butterflies, reptiles, dormice and mitigation measures to minimise
disturbance to wildlife);
 an additional Assessment of Reptiles and Dormice (results and analysis
of reptile and dormice surveys carried out on site in 2006 [post
submission], including mitigation measures);
 an Archaeological Evaluation (results of the geophysical survey and trial
trenching within the proposed extension area); and
 an assessment of Cumulative Impact (cumulative impacts of other
current mineral workings around Hertford, Ware and Welwyn Garden
City).
 An updated ecological survey of the proposed extension area.
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5.
Description of the site and proposed development
5.1
Rickneys Quarry is located approximately 3.4km north of Hertford between
the village of Chapmore End to the northeast and Bengeo to the south. In
addition, there are a number of residential properties within 1km of the site.
Planning permission for extraction was originally granted in the 1950s and
extraction from the original permitted area ceased in 2001.
5.2
The quarry is located on a plateau between the valleys of the River Beane
and River Rib on undulating arable land. The geology is glacial sand and
gravel overlying chalk.
5.3
The proposed eastern extension area would measure 10.4ha (25.5 acres)
creating a new eastern boundary parallel with Bengeo Footpath 14.
Extraction would occur over 4 phases with each phase having two subphases (a and b). Each sub-phase would take between 6 and 8 months to
complete with working of the whole extension area taking up to 5 years. Up
to 300,000 tonnes of sand and gravel would be extracted per annum with a
maximum of approximately 1.24 million tonnes of material being extracted in
total. Extracted material would be loaded into dumper trucks, and then
transported to the plant site via a conveyor. The existing plant and site
infrastructure would be refurbished and a new site office installed.
5.4
Phase 1a of extraction would commence with the stripping of top and subsoils from Phase 1 and 2a. Top soil would be put into two 3m high bunds,
one along the eastern boundary and one adjacent to and just south of
Bengeo Footpath 12. Sub soil would be stored in a bund on the existing
plant site with a maximum height of 5m. Overburden would be used to
construct silt lagoons in the plant site. Following full extraction, overburden
stripped from Phase 2 would be used to construct a silt lagoon in Phase 1a.
5.5
Extraction of Phase 1b would then start with interburden (mineral waste
material) from it being kept to construct a silt lagoon in Phase 1b following
extraction.
5.6
Phase 2a would start once Phase 1b had been fully worked. Overburden
from it would be placed in Phase 1a as the first stage of progressive
restoration. Silting would transfer to the silt lagoon in Phase 1b. A silt
lagoon would be created in Phase 2a as working proceeds. A similar
pattern of phasing would occur over the rest of the site and details of all of
the phasing are set out in Appendix 3.
5.7
Once all extraction had taken place all plant, buildings and hardstanding
would then be removed from the site.
5.8
Restoration would be to mixed grassland and woodland. There would be
three distinct grassland areas; a low fertility substrate, agricultural grassland
and acid grassland. Woodland would be planted to the northwest and
southeast of the site to provide links with Flowersash Wood, Bardon Clumps
and St. Johns Wood. A band of low fertility substrate would be planted to
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the south of the northwest woodland planting. The remaining western half of
the site (including the plant area) would be restored to acid grassland. The
eastern half of the site would be restored to agricultural grassland. Two new
hedgerows would be planted. One would run north to south from the southeastern corner of Flowersash Wood to St. Johns Wood. The other would
follow the diverted Bengeo Footpath 12.
5.9
The proposed hours of operation would be 0700-1800, Monday to Friday
and 0700-1300 on Saturdays with no working on Sundays and bank
holidays.
5.10 Traffic movements would average 12 per hour on weekdays. The applicant
has indicated that there would be peaks of traffic movements in the morning
and early evening. There would be approximately 30 traffic movements
between 0700 and 0800 and approximately 16 traffic movements between
1700 and 1800 on weekdays. In between these hours there would be an
average of approximately 9 traffic movements per hour. Hourly traffic
movements on Saturdays would number 3. Vehicle movements would be
limited by condition to 130 a day during the week until a right hand turn lane
had been brought into use when any limits on vehicle movements would be
lifted.
6.
Consultations
6.1
East Herts District Council does not object subject to previous conditions
being imposed onto any new planning permission. .
6.2
Ware Town Council and Hertford Town Council have not responded.
6.3
Bengeo Rural Parish Council has no comments to make.
6.4
Hertford Civic Society has verbally raised concerns about the impact upon
local residents in terms of continued uncertainty as a result of the
development not proceeding.
6.5
The Environment Agency does not object but recommends the imposition of
an additional condition as follows:
No development should take place until a long-term monitoring and
maintenance plan in respect of contamination including a timetable of monitoring
and submission of reports to the Local Planning Authority, shall be submitted to
and approved in writing by the Local Planning Authority. Reports as specified in
the approved plan, including details of any necessary contingency action arising
from the monitoring, shall be submitted to and approved in writing by the Local
Planning Authority. Any necessary contingency measures shall be carried out in
accordance with the details in the approved reports.
6.6
Natural England does not object and refers to their standing advice with
regards to protected species.
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6.7
Hertfordshire County Council as highway authority has no objections subject
to the construction of a right hand turn lane as per the previous
requirements.
6.8
The Campaign for Rural England (CPRE) has no comments to make.
6.9
An advert was placed in the Herts Mercury newspaper on 5 December 2013
and a site notice was erected on the same day. A total of 364 properties
were consulted on the application and 1 letter objecting to the application
was received. The issues of concern can be summarised as:
 The continuing delay in works commencing causes great uncertainty
to local residents and has impacted house prices, sales and is
blighting properties. It would extend the period of time to which mineral
activities would harm the wellbeing of local residents and by which the
local environment would be degraded.
7.
Planning Considerations
7.1
The relevant development plan policies are:
Hertfordshire Minerals Local Plan Review 2002- 2016 (adopted March
2007)
Policy 1 - Aggregates Supply
Policy 2 - Need for Mineral Working
Policy 3 - Sites for Sand and Gravel Extraction and Preferred Areas
Policy 9 - Contribution to Bio-diversity
Policy 11 - Cumulative Impact
Policy 12 - Landscape
Policy 13 - Reclamation Scheme
Policy 14 - Afteruse
Policy 16 - Transport
Policy 17 - General Criteria for the Control of Mineral Development
Policy 18 - Operational Criteria for the Control of Mineral Development
East Hertfordshire Adopted Local Plan Review 2007 (adopted April
2007)
Policy GBC1 - Appropriate development in the Green Belt
Policy GBC14 - Landscape Character
Other relevant material considerations are:
The National Planning Policy Framework
Technical Guidance to the National Planning Policy Framework
7.2
The principal issues to be taken into account in determining this application
are:
 Green Belt
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






the status of the site as a Preferred Area for future extraction
the need for the development, balancing this need against strategic
mineral planning policy for mineral supply and any associated
detrimental impact of the development;
the landscape and visual amenity implications;
the potential impact on groundwater resources;
potential highway impacts
impact on the archaeology and ecology of the area, and;
the noise, dust and other environmental impacts of the proposal,
including cumulative impact.
7.3
In determining the planning application the County Council should have
regard to the provisions of the development plan insofar as they are material
to the application and to any other material considerations in accordance
with Section 70 of the Town and Country Planning Act 1990 as amended.
Section 38(6) of the Town and Country Planning Act 1990 (as amended)
further clarifies the considerations for determination of planning applications
in that they should be determined in accordance with the development plan
unless material considerations indicate otherwise. The development plan
should be the starting point then for consideration of the planning
application.
7.4
The application is also accompanied by an Environmental Statement and in
determining the application the County Council must take account of
environmental information. This includes the Environmental Statement and
further information submitted as part of the Statement by the applicant, the
replies of statutory bodies in respect of consultations required by the
Environmental Assessment Regulations and any other replies which relate
to the environmental matters.
Green Belt
7.5
The NPPF continues the well enshrined principle that there is a presumption
against inappropriate development and permission will not be given for such
development except in very special circumstances.
7.6
It does however allow certain types of development which (as set out in
paragraph 90 of the NPPF) are considered appropriate in the Green Belt
subject to preserving openness and not conflicting with the purposes of
including land within the Green Belt.
7.7
One such development is mineral extraction which is listed as a form of
development that is considered appropriate in the Green Belt. The NPPF
also states that minerals can only be worked where they are found.
7.8
The permanent openness of the Green Belt would be preserved as mineral
extraction would be a temporary activity for a period of five years.
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Operations would include progressive restoration so that phases would be
restored once they had been worked for sand and gravel further reducing
the impact of mineral working upon openness of the Green Belt.
7.9
There would be temporary impacts upon openness as a result of top and
sub soil storage bunds. These bunds are also necessary to provide visual
screening and noise attenuation as well as segregating the workings from
users of Bengeo Footpath 14. In addition, they would be relatively modest in
height (a maximum of 3m) so would not have any significant impact.
7.10
In addition, mineral processing plant would have an adverse temporary
impact upon openness. With regards to processing plant, it should be noted
that the former processing plant has been removed from the site and the
applicant would be required to submit a further planning application for a
mobile processing plant where these matters would be further examined in
detail.
7.11
With regards to the five purposes of including land within the Green Belt, the
proposed development would not conflict with any of these purposes. As set
out in the NPPF, the fundamental aim of Green Belt policy is to prevent
urban sprawl by keeping land permanently open. This aim would be
achieved. Overall, it is considered that the proposed development would
have no permanent adverse impact upon the openness of the Green Belt.
7.12
Nevertheless, there would be temporary harm to the openness of the Green
Belt for a period of up to five years. However, it is considered that this harm
would be clearly outweighed by very special circumstances associated with
the proposal. These would be the economic benefits of mineral extraction
both in terms of generating employment at the quarry and providing a supply
of sand and gravel to local markets to allow other built development and to
support further economic growth. In addition, temporary bunding would
provide benefits in terms of noise attenuation and visual screening.
Need and the status of the site as a Preferred Area for future extraction
7.13
The application site is identified in Minerals Policy 3 of the adopted Minerals
Local Plan Review as one of three preferred areas for mineral extraction.
These areas are namely Land at BAe Hatfield, Land adjoining Rickneys
Quarry, Hertford and Land at Coursers Road, London Colney. Preferred
areas are areas within which there are known sand and gravel resources
and where planning permission might reasonably be anticipated, subject to
the usual tests of environmental acceptability and if necessary through the
use of appropriate conditions to mitigate adverse impacts.
7.14
This proposal at Rickneys covers only part of the Preferred Area, as shown
on the Plan attached to the report. Minerals Policy 3 goes on to say:
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“Proposed mineral working within the Preferred Areas defined in this Plan
will be permitted only when: they contribute to maintaining the County’s
appropriate contribution to local, regional and national aggregate needs,
including the maintenance of a land bank in accordance with Mineral Policy
1;”
7.15
Minerals Policy 1 states that “Planning permission for the extraction of
proven economic mineral reserves will only be granted where it is necessary
to ensure that adequate supplies are available to meet the county’s agreed
apportionment of regional supply. The County Council will seek to maintain
an appropriate land bank of sand and gravel reserves in accordance with
government guidance, throughout the Plan period, consistent with the above
apportionment, to enable an appropriate contribution to be made to meet the
region’s varying needs.”
7.16
The text accompanying the adopted Minerals Policy 1 states that the
Council is committed to ensuring the county meets the regional
requirements for primary aggregates supply. The regional apportionment for
Hertfordshire has been reduced from 1.99 million tonnes (mt) per annum to
1.39mt by the East of England Aggregates Working Party (AWP)
7.17
Under the current guidance within the NPPF, land banks of at least 7 years
should be maintained. This means that at any one time there should be
planning permission for at least 9 million tonnes of sand and gravel (7 years
x 1.39 mt) unless exceptional circumstances prevail. The NPPF also states
that land banks should principally be used as an indicator of the security of
aggregate mineral supply. Overall, a mineral planning authority should plan
for a steady and adequate supply of minerals.
7.18
The current land bank in Hertfordshire stands at 11.4 years. This includes
the contribution of some 1.24mt of sand and gravel to be won from Rickneys
Quarry. If Rickneys was not to contribute, the available land bank would fall
to some 10.3 years.
7.19
In addition, it is instructive to consider the permitted life and remaining
reserves of the sites which currently contribute to the land bank. The current
active sites are:




Panshanger- .remaining reserves until 2016;
Hatfield/Symondshyde- planning permission until 2020;
Westmill- planning permission until 2017 although reserves likely to remain
after that date and application expected for an extension for mineral
extraction until 2020;
Tyttenhanger- planning permission until 2032
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7.20
The current planning application seeks planning permission for a further four
year period in which to implement the planning permission for mineral
extraction at Rickneys. This would mean that the planning permission would
be implemented by the end of 2017at the latest.
7.21
As part of the current legal agreement, there is a requirement for a right
hand turn lane to be provided. Furthermore, the applicant is also required to
seek planning permission for mobile processing plant. The former plant has
been removed from site due to its poor state of repair. It had also become a
target for graffiti and vandalism. Taking into account the potential
timescales for these matters, it is most likely that the commencement of
mineral extraction would occur towards to middle or end of the proposed
implementation period.
7.22
This would mean that mineral extraction at Rickneys would replace those
sites coming to an end for mineral extraction and would be likely to continue
after 2020 by which time three of the above sites would cease to operate.
The land bank after 2020 would solely rely upon Tyttenhanger (with
permitted reserves of some 7.1 million tonnes) which would mean that the
land bank would fall to 5 years and be provided by one site only as things
stand.
7.23
No planning application for the final preferred area (BAe at Hatfield) has
come forward so any future contribution from this site with regards to
reserves and timescales is uncertain.
7.24
Rickneys Quarry would therefore make a valuable contribution to the land
bank in Hertfordshire and would mean that the land bank is not bound up
only in one site (Tyttenhanger) with regards to competition.
7.25
It is therefore concluded that the proposal meets the requirements of
Minerals Policies 1 and 3 a)
Planning proposals for Preferred Area 2: Land adjoining Rickneys Quarry
7.26
Minerals Policy 3 goes on to say that:
“Proposed mineral working within the Preferred Areas defined in this Plan
will be permitted only when:
”the application satisfactorily fulfils the requirements of the Proposals for that
Preferred Area as identified with the Inset Maps.”
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7.27
The Proposals are set out fully in the appended original committee report
which remain applicable and to which the proposal complies save in one
respect.
7.28
This is that the site should ideally be worked earlier in the plan period: the
Minerals Local Plan Review was adopted in 2007 and covers a period
between 2002 and 2016. It is getting towards the end of the plan period and
mineral extraction at Rickneys has not commenced. However, the purpose
of specifying when in the plan period preferred sites should come forward is
to ensure continuity of available mineral within Hertfordshire. The
contribution that Rickneys would make to the land bank has been
considered and forms part of the current land bank calculations. There
would be an additional benefit in terms of Rickneys being worked in the
coming four years as other consented sites and reserves are due to end and
a continued supply to meet at least a 7 year land bank is required. Rickneys
would assist in providing this.
7.29
In conclusion, therefore, the proposals meet the requirements of Minerals
Policy 3 b) However; the proposals also need to satisfy the other relevant
policies of the Minerals Local Plan Review.
Environmental Impacts
7.30
The former planning application and accompanying environmental
statement was subject to detailed consultation and assessment by the
County Council as mineral planning authority. The ES was also
independently reviewed and found to be complete. Following a resolution to
grant planning permission by the Development Control Committee in May
2007, the details of the legal agreement and conditions were the subject of
very detailed discussion and negotiation between local residents (as
represented by members of the liaison group), the applicant and
Hertfordshire County Council. These discussions took place before the
issuing of the planning permission in 2009 in order to reach agreement on
the precise wording of conditions and the legal agreement.
7.31
Environmental impacts were carefully considered in the previous committee
report (appended to this report) and those conclusions are still considered to
be valid and are summarised and updated as necessary below.
Landscape and visual impact
7.32
The ES includes a landscape and visual impact assessment. This and the
assessment in the previous committee report have been reviewed and
remain valid. The proposal would accord with Minerals Policy 12
(Landscape) which requires account to be taken of existing and where
appropriate, historic landscape character and maintain its distinctiveness.
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Proposals should respect the landscape character both during operations
and in proposals for reclamation.
7.33
The application site is located within Landscape Character Area 69 –
Stonyhills. It is not considered that the landscape character would be
adversely impacted except for a temporary period during mineral extraction.
Furthermore, the proposed restoration scheme would assist in meeting the
aims of the landscape character assessment for this area which
recommends a strategy of “improve and restore”. Restoration would include
the replanting and improvement of hedges (to replace one hedge which
would be lost) and improve links between habitats in and around the site.
7.34
The location of the proposed development on top of the plateau, together
with existing woodland and hedgerows, limits the visual impact of the
operations. The main viewpoints would be from rights of way in the vicinity
of the site, which are well used by local residents and other users. Other
viewpoints with partial views include residential properties and more distant
rights of way. Proposed mitigation measures are in terms of screen bunds
in accordance with Minerals Policy 18 iv).
7.35
The creation of adequate screening bunds and prompt progressive
restoration would be covered by conditions and the proposal would be in
accordance with Mineral Local Plan Policy 12 and the general aim of
conserving landscapes set out within the NPPF.
Groundwater resources
7.36
Hydrology and groundwater matters have been assessed within the ES and
were the subject of detailed discussion between the applicant, Veolia Water
(formally Three Valleys Water) and the Environment Agency as part of the
original application. Neither body objected. It is considered that the
assessment remains valid and robust. The application site overlies the
ground water source protection zone for the Wades Mill Road water supply
borehole There could be the potential for pollutants to enter the underlying
ground water particularly with the removal of sand and gravel deposits
above the chalk aquifer.
7.37
Mitigation includes leaving 1m of sand and gravel in-situ. 1m of overburden
or soils would also be placed above this so that there would be a minimum
depth of material of 2m. The Environment Agency has recommended the
imposition of an additional condition to any planning permission to require
the long term monitoring and maintenance of groundwater for any
contamination but have no objection to the proposal.
Highway impacts
7.38
Highways and traffic impacts have been assessed within the ES.
Hertfordshire County Council as highway authority does not object to the
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proposal subject to the construction of a right hand turn lane on the B158 to
access the site. The applicant has given an undertaking that this would be
provided in advance of the installation of any processing plant (which would
require planning permission in any event), soil stripping or mineral
extraction.
7.39
In addition, the applicant has previously submitted draft protocols to be
given to all HGV drivers and to be enforced on site in relation to HGVS not
passing through Bengeo/Hertford (unless they are delivering mineral to a
property in that area) and for dealing with any mud/debris on the B158.
These were discussed and agreed as part of detailed liaison group meetings
and would remain in place. There is an existing weight restriction on the
B158 towards Bengeo which would prevent HGVs going in this direction
notwithstanding the draft protocol.
7.40
It is considered that subject to the provision of a right hand turn lane and
implementing the protocols described above, that there would be no adverse
impact associated with HGV movements in terms of highway safety,
highway operation or local amenity and that the proposal would comply with
Policy 16 of the Mineral Local Plan.
Archaeology
7.41
An archaeological evaluation of the site has been carried out which involved
the digging of trial trenches and a geophysical survey of the site following
liaison with the Historic Environment Unit. The identification of areas within
the proposed extraction area with high and low archaeological potential
would inform appropriate mitigation measures during extraction. As such a
condition would be attached to any planning permission granted requiring
further investigations where deemed necessary of areas considered to have
higher archaeological potential and for ongoing monitoring of ground works
(including the contingency for the preservation of artefacts). It is considered
that the imposition of such a condition would be sufficient to ensure the
monitoring and protection of any potential artefacts.
Ecology
7.42
The ES includes an ecological assessment and an updated survey of the
proposed extension area that took place in 2013 to accompany the current
planning application. Minerals Policy 9 (Contribution to Bio diversity) requires
that, where appropriate, opportunities should be provided to contribute to bio
diversity targets. In addition, the NPPF states that planning authorities
should aim to conserve and enhance biodiversity when determining
applications.
7.43
The final restoration plan for the site covers both the existing restored areas
and the proposed extraction area and would provide an enhancement for
biodiversity. In addition, a steering group to oversee restoration and
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aftercare is already set up with a site visit and the next meeting is arranged
for May this year. Annual monitoring of butterflies on the restored land takes
place by Herts and Middlesex Butterfly Conservation. Additional hedgerow
planting has taken place to improve dormouse habitat and to create links
between existing blocks of ancient woodland and other habitats also.
7.44
The NPPF advises that planning permission should be refused for
development resulting in loss of irreplaceable habitats including ancient
woodlands. The application site adjoins three areas of ancient woodland (St.
Johns Wood, Bardon Clumps and Flowersash Wood). In light of concerns
regarding the risk of mineral extraction hitting a perched water table and
thus depriving ancient woodland of water, the applicant has provided an
undertaking to monitor these areas of ancient woodland (subject to
landowner consent) for any change in flora which could be attributable to
mineral operations. This would be secured by condition.
7.45
It is considered that the proposed restoration scheme would assist in
enhancing biodiversity and meet the aims of Mineral Local Plan Policy 9 and
the NPPF.
Noise
7.46
Minerals Policy 18 viii) of the Minerals Local Plan Review states that
proposals for mineral extraction must demonstrate that no significant noise
intrusion would arise from the development. The NPPF requires the setting if
noise limits and the control, mitigation or removal of unavoidable noise
emissions.
7.47
This application was accompanied by a noise survey which measured
existing background noise levels. The survey indicates that predicted noise
levels of quarry working would be below the maximum acceptable daytime
noise levels of 55dB (recommended in the NPPF Technical Annexe). The
highest predicted noise levels at Rickneys Barns would be 46.2 dB LAeq
(excluding bund construction. It is considered that the noise survey remains
valid and robust and there have been no changes to the noise climate in and
around the application site with regards to existing back ground noise levels.
7.48
Taking into account the close proximity of workings to Rickneys Barn
Conversions, it was previously and is still considered appropriate for a
condition to be imposed limiting noise levels to no more than 5dB above
background levels and in any event not more than 55dB LAeq except during
soil stripping operations when a higher limit of 70 dB would be allowed but
only for a total period of 8 weeks over a year. A noise monitoring scheme
has previously been submitted and agreed by the liaison group and by the
mineral planning authority and the implementation of this scheme would be
secured by condition.
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Dust
7.49
Minerals Policy 18 ix) requires that proposals should demonstrate that there
would be no significant degradation of the air quality. A dust assessment
was submitted as part of the application. This concluded that any adverse
impacts of dust associated with the application would be low. A dust
monitoring and management scheme has been submitted by the applicant
and has been agreed by the liaison group and by the mineral planning
authority. The implementation of this scheme would be secured by
condition. Wheel washing/spinning facilities would also be in place in
accordance with Minerals Policy 18 xi).
Rights of Way
7.50
Minerals Policy 18 x) requires that proposals should ensure that public rights
of way are not adversely affected or, where this is not possible, that good
quality, safe and convenient temporary alternative provision is made and
long-term reinstatement or suitable replacement of rights of way is secured.
Proposals should enhance the public rights of way network through the
creation of new rights of way and/or open space, or the improvement of
public access
7.51
Only Bengeo Footpath 12 would be physically affected by the proposed
development. During Phases 4a and 4b the footpath would be permanently
diverted through Phase 2a (as restored). The applicant has advised that if
there were delays with restoration of Phase 2a that there could be a delay
with creating a new diversion so that for a time Bengeo Footpath 12 would
not be in place either in its current designated position or as diverted.
7.52
It could therefore be unavailable for a period of time. However, alternative
routes would remain available to rights of way users so it is not considered
that they would be unduly disadvantaged and it would be for a temporary
period only. Users of Bengeo Footpath 14 would be segregated from the
workings by a screening bund.
7.53
Some rights of way improvements on the existing network have been
provided by the applicant already and are obligations within the existing
legal agreement. These are the upgrading of a short section of Bengeo
Footpath 12 to bridleway with a new dedicated bridleway link to BOAT 22.
Hertford Footpaths 6 and 7 have also been upgraded to bridleway. A
painted traffic table and warning signs would be put onto the haul road
where Bengeo Footpath 14 crosses it. The applicant has also installed a
footpath link between the entrance to Footpath 6 along the quarry side of
Sacombe Road to the residential properties opposite the eastern end of
Vicarage Lane.
Cumulative Impact
7.54
Minerals Policy 11 (cumulative impact) states that development which would
result in an unacceptable cumulative impact on the environment of an area
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either in relation to an individual proposal having regard to the collective
effects of different impacts or in relation to the effects of a number of
minerals developments occurring either concurrently or successively will not
be permitted. Consequently, impacts that are acceptable individually should
not be regarded as an acceptable in combination without a proper
assessment.
7.55
The supporting text to Minerals Policy 11 indicates that regard should be
had to cumulative impacts of simultaneous and/or successive working of a
number of sites in a wider area of commercially viable deposits as these
may affect communities and localities over an extended period depending
on the nature age and size of the sites. Cumulative impacts will therefore be
considered in terms of their spatial and temporal dimensions, as well as
acceptability or otherwise of the impacts arising from the proposed
development itself. This will take into account the extent to which the
environment could be impacted on by workings including habitats and
species, landscape character, cultural heritage, air quality, ground and
surface water resources and quality, agricultural resources and flood risk.
7.56
The proposal is for a projected four to five years working and restoration of
both the new workings and those of the existing plant site. Whilst the
existing site has not been fully restored no extraction has taken place within
the site for the past 5 - 6 years. The previous mineral workings at Rickneys
started in the late 1950s and continued until 2001; thereafter the quarry has
been dormant. The main considerations in this instance are the cumulative
impacts of a number of minerals operations occurring at once in and around
Hertford and also the cumulative impact that the working of Rickneys Quarry
and other sites in the area has had on the local area since extraction first
commenced.
7.57
The nearest other active sand and gravel quarry to the proposed site is
Westmill Quarry on the A602. It is approximately 1.7km from Rickneys. At
this distance, it would be very unlikely that airborne dust from one site would
be carried towards the other and contribute to dust levels in that locality. In
addition Westmill Quarry has dust suppression measures in operation and
Rickneys Quarry would also have dust suppression measures in place as
described above.
7.58
Considering the distance between the two sites, the existing background
noise levels, topography and intervening buildings and vegetation that would
act as barriers, it would be very unlikely that the noise of operations at either
site would carry a sufficient distance for them both to be audible from any
location.
8.
Conclusions
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8.1
It is not considered that there has been any significant change in planning
policy or other change in circumstance since the original planning application
was determined to warrant refusal of the application to extend the
implementation period for a further four years. Consideration has been given
to the environmental statement and the assessment of potential
environmental impacts previously. This analysis remains valid except where
updated elsewhere in this report with the conclusion that subject to
mitigation as set out within the conditions that these could be adequately
controlled so as not to have any adverse impact.
8.2
The NPPF advises that great weight should be given to the benefits of
mineral extraction including to the economy. Rickneys is designated as a
preferred area and is necessary to contribute to the land bank in
Hertfordshire.
8.3
The proposed eastern extension is located within a Preferred Area for
mineral extraction as identified in the Adopted Minerals Local Plan Review.
There is a need for the mineral to contribute to the county’s agreed subregional apportionment for land-won sand and gravel and for the
maintenance of a mineral land bank in Hertfordshire.
8.4
The extension would cover a relatively small area and operations would
occur over a relatively short time period over which the extraction area would
be progressively restored. It is considered that the proposal, together with
appropriate conditions and a legal agreement, would adequately mitigate
any adverse environmental impacts.
8.5
The NPPF advises that mineral extraction is appropriate development within
the Green Belt. Nevertheless, there would be a temporary adverse impact
upon openness. However, this temporary impact would be clearly
outweighed by very special circumstances in the form of the provision of a
steady supply of sand and gravel and associated economic benefits
including supporting further economic growth. The proposal would not have
any permanent adverse impact upon the openness of the Green Belt.
8.6
Having taken into account the environmental information submitted with the
application and that arising from consultation, the report concludes that
subject to the conclusion of a legal agreement to reflect the obligations
contained in the existing Section 106 agreement, planning permission
should be granted subject to conditions as set out below in Appendix 1.
Background information used by the author in compiling this report
Planning application reference 3/0629-06 and accompanying Environmental
Statement
Consultee responses and representations
Relevant policy documents
Hertfordshire County Council Structure Plan Review
Minerals Local Plan Review Adopted 2007
East Hertfordshire Adopted Local Plan Review 2007
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Appendix 1 - Conditions
Time Limit for Commencement.
1.
Written notification of commencement of the first work or works required by the
development hereby permitted shall be sent to the Minerals Planning Authority at
least seven calendar days prior to their commencement.
Reason: To define the date by which all pre-development requirements specified in this
schedule shall have been satisfied and at which the development hereby
permitted shall be deemed to have been commenced for all purposes other than
those detailed in Condition 2.
2.
Written notification of the date when the winning and working of minerals has
begun shall be sent to the Minerals Planning Authority not later than seven
calendar days subsequent to that date, which, for the purposes only of Sections
91 and 94 of the Town and Country Planning Act 1990 as amended, shall be
deemed to be the date of commencement of the permitted development and
shall be not later than the expiration of a period of three years beginning with the
date of this permission.
Reason: To comply with the requirements of Sections 91 and 94 of the Town and
County Planning Act 1990 as amended, in particular, by Regulation 3 and the
Schedule of the Town and Country Planning (Minerals) Regulations 1995.
Time Limit for Completion:
3.
The development to which this planning permission relates shall be completed
within 6 years of the date of the commencement of the development as notified
under Condition 2. For the purposes of this condition this shall include all
operations authorised or required by the permission including site restoration but
shall exclude those relating to aftercare.
Reason: To ensure that the restoration of the land to a beneficial afteruse is achieved
within a reasonable timescale.
Limit of Operations:
4.
The development hereby permitted shall, except where modified by this Schedule
of Conditions and associated legal agreement, be undertaken in accordance with
the provisions of:
a) the planning application dated 27 February 2006;
b) Environmental Statement dated February 2006;
c) Ecological Impact Assessment dated January 2007;
d) drawings reference:
Plan 1– Site Location Plan (February 2006)
Plan 2 – Site Context Plan (February 2006)
Plan 3 – Existing Site Layout (February 2006)
Plans 4 to 7 – Phase 1 to 4 Working Plans (February 2006)
Plan 9 – Final Restoration Plan (January 2007)
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e)
f)
g)
h)
i)
j)
k)
Plan B3/1 – Proposed Eastern Extension Phase 1 Habitat Survey (February
2006)
Noise Assessment dated September 2008;
Code of Operating Practice and Emergency Response Procedure between
Hanson Aggregates and Three Valleys Water Company (now Veolia Water
Central Ltd) dated 1st May 2009 or any subsequent variation;
Code of Practice regarding measures to remove any spillage on the highway
dated October 2008 or any subsequent variation;
Code of Practice regarding traffic routeing measures dated October 2008 or
any subsequent variation;
Protocol for Heavy Goods Vehicles using B158; and
Woodland Evaluation and Monitoring Report dated June 2009 or any
subsequent variation
Letter of Undertaking dated 23 November 2009 titled “Undertaking of
Regarding the Timing of the Construction of a Right Hand Turn Lane –
Rickneys Quarry”.
Reason: To ensure that an orderly programme of operations is carried out in such a way
that the adverse effects on local amenity are kept to a minimum.
Pre-Development Requirements:
5.
The development to which this planning permission relates shall not commence
until the details required by conditions 6, 13, 14 19, 37, 39 and 48 have been
submitted to and approved by the Mineral Planning Authority, and the
development shall be carried out in accordance with those approved details.
Reason: To ensure that an orderly programme of operations is carried out in such a way
that the adverse effects on local amenity are kept to a minimum.
6.
No soil stripping shall take place within the proposed development site until the
applicant, or their agents, or their successors in title, has secured the
implementation of a programme of archaeological work in accordance with a
written scheme of investigation, which has been submitted to the Minerals
Planning Authority and approved in writing. The approved scheme shall be
implemented in full.
Reason: To enable sites of archaeological interest to be adequately investigated and
recorded. Previous investigations have revealed the presence of important
archaeological remains within the application site.
Landscaping:
7.
All trees, hedges and shrubs planted shall be maintained throughout the duration
of the operations permitted by this permission or for a period of five years,
whichever is the longer. Any tree, shrub, bush or hedgerow which, within 5 years
of planting dies, is removed or becomes seriously damaged or diseased shall be
replaced with others of a similar species within the first available planting season.
Reason: To comply with Section 197 of the Town and Country Planning Act 1990, to
improve the appearance of the site in the interest of visual amenity, to screen the
workings, and assist in absorbing the site back into the local landscape.
8.
Existing trees, bushes and hedgerows not identified to be removed as stated in
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the Ecological Impact Assessment (dated January 2007) and Plan B3/1
(Proposed Eastern Extension Phase 1 Habitat Survey) shall be protected from
damage, which, without prejudice to the foregoing, shall involve preventing
disturbance to soil levels within the root spread of a tree or hedgerow and
provide for the erection of protective fencing around trees affected by works in
accordance with BS 5837 (1991). The means of protection shall be retained until
all plant, equipment and surplus material have been permanently removed from
that phase of working. Nothing shall be stored or placed within any protected
area as identified above and the ground levels within these areas shall not be
altered without the prior written agreement of the Mineral Planning Authority.
Reason: In order to ensure that the possibility of damage to the retained trees, shrubs
and hedges is minimised in the interests of amenity.
9.
Prior to the commencement of extraction, a written scheme for the annual
monitoring of the condition of St. Johns Wood, Flowersash Wood and Bardon
Clumps shall be submitted to and approved in writing by the Mineral Planning
Authority. The approved scheme shall be implemented in full.
Reason: To assess the risk of damage arising from the development hereby
permitted to areas of ancient woodland.
Restriction of permitted Development Rights.
10.
Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development Order) 1995 or any order amending, replacing or reenacting that order, planning permission shall be obtained from the Mineral
Planning Authority for the erection of any processing plant, building, fixed plant,
fixed machinery or fixed structures at the site. Prior approval in writing shall be
obtained from the Mineral Planning Authority for the placing of any other portable
buildings or structures1.
Reason: To enable the Mineral Planning Authority to assess any impact and proposed
mitigation or control compared to the original proposal as identified in the
submitted Environmental Statement and Impact Assessment.
Local Amenity Safeguards:
11.
Unless otherwise agreed in writing in advance by the Mineral Planning Authority,
no operations at the site, other than water pumping, servicing, environmental
monitoring and maintenance of plant and equipment, shall be carried out except
between 07.00 hours and 18.00 hours Monday to Friday;
Unless otherwise approved in writing in advance by the Mineral Planning
Authority, no operations at the site with the above exceptions, shall take place on
Sundays or Public Holidays. Any such approval will require the prior submission
by the operator of a written scheme of work which shall be implemented in full.
Any such approval may be revoked by the Mineral Planning Authority where, in
its opinion, there has been a breach of the terms of the approved scheme.
1
This restriction does not apply to the use of machinery necessary for the removal of
overburden, extraction and distribution of sand and gravel and restoration works.
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Reason: To minimise the adverse impact of operations on the surrounding area in terms
of noise, associated traffic generated and general disturbance.
12.
The operator shall ensure at all times that areas outside of the boundary of the
site are not affected by dust nuisance resulting from the development hereby
permitted. A meeting shall be held with the Mineral Planning Authority by 31
March in each year to review all operations giving rise to dust emissions and
consider any required amendments to the scheme to be approved under
Condition 14.
Reason: To minimise the adverse impact of dust generated by the operations.
13.
No stripping or spreading of overburden, topsoil or subsoil, including the
construction of soil mounds, shall take place when the wind speed at the site
equals or exceeds 28 knots. Prior to any stripping or spreading of overburden,
topsoil or subsoil taking place an anemometer shall be installed at the site and
maintained throughout the duration of the development hereby permitted in
accordance with details which shall have been submitted to and approved in
writing by the Mineral Planning Authority.
Reason: To minimise the adverse impact of dust generated by the operations.
14.
Monitoring of dust shall be carried out in accordance with a Scheme and
Programme for the Monitoring of dust to be submitted to and approved in writing
by the Mineral Planning Authority prior to the commencement of the
development. The approved scheme shall be implemented in full.
Reason: To minimise the adverse impact of dust generated by the operations on the
local community.
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Noise:
15.
During the hours of operation as defined in Condition 11, except for temporary
operations (defined as site preparation; soil stripping; bund formation and
removal; and restoration), the noise levels arising from the development shall not
exceed the LA90 (1hour) values (measured when the site is not operational) at
any noise-sensitive property by more than 5dB(A) and shall not in any event
exceed 55dB (LAeq) (1 hour), freefield2 at any noise-sensitive property.
Reason: To minimise the adverse impact of noise generated by the operations on the
nearest noise-sensitive properties.
16.
For temporary operations as defined in Condition 15, the noise levels arising
from the development shall not exceed 70dB(LAeq) (I hour), freefield at any
noise-sensitive property. Such temporary operations shall not exceed a total of
forty days in any period of twelve consecutive months.
Reason: To minimise the adverse impact of noise generated by the operations.
17.
No temporary operations as defined in Condition 15 shall take place until the
Mineral Planning Authority and Bengeo Rural Parish Council have been given
notice. Notice shall be given at the earliest opportunity and in any event not less
than 2 clear working days before any proposed temporary operation is to begin.
Temporary operations shall be carried out only during the normal hours of work
(See Condition 11) between Monday to Friday. A log of all dates and duration of
temporary operations shall be kept and be available for inspection by the Mineral
Planning Authority at the site office.
Reason: To minimise the adverse impact of noise generated by the operations.
18.
Effective sound insulation shall be employed for all plant and machinery utilised
on the site. All vehicles, plant and machinery shall be maintained to
manufacturers’ specifications at all times. Any reversing alarms fitted to
machinery and vehicles utilised for on-site works shall be to a specification
agreed in writing by the Mineral Planning Authority prior to their use. Operational
practices will, so far as is practicable, avoid the need for all other vehicles to
reverse on site.
Reason: To minimise the adverse impact of noise generated by the operations on the
local community.
19.
2
Prior to the commencement of development, a written scheme for monitoring
noise levels arising from the site shall be submitted to and approved by the
Mineral Planning Authority. The scheme shall provide for an annual review of the
scheme by 31 March each year to consider any required amendments to the
scheme and identify the monitoring points for the following year. The approved
scheme shall be implemented in full.
For the purposes of Condition 15, freefield is defined as being at least 3.3 metres away from the
façade of a property or building at a height of 1.5 metres.
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The locations for monitoring during the first 12 months of operations on site, including
preparatory works shall be as follows:
Position 1: At the SE corner of the Rickneys Barn Conversion
Position 2: At the mid-point of the NE boundary of Waterworks Cottage
Position 3: At the NE corner of the intersection between the highway and the access
lane to the residential development at Bull’s Mill.
Position 4: At the most southerly point of built development on the NW side of
Chapmore End
Position 5: At the NE corner of the Sports Ground at Crouchfield
Position 6: At the boundary between No 164 Sacombe Road and the former workings
Position 7: At the SE corner of the intersection of the Orchard with Sacombe Road.
Reason: To enable the effects of the development to be adequately monitored during
the course of the operations.
Water Resources:
20.
Any chemical or fuel storage containers on the site shall be sited on an
impervious surface with bund walls; the bunded areas shall be covered to
exclude the ingress of rainwater and 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 shall be no drain
through the bund floor or walls.
Reason: To minimise the risk of pollution of watercourses and aquifers.
21.
Repair, maintenance and refuelling of plant and machinery shall only take place
in accordance with the Code of Operating Practice and Emergency Response
Procedure between Hanson Aggregates and Three Valleys Water Company
dated 1st May 2009 or any subsequent variation
Reason: To minimise the risk of pollution of watercourses and aquifers.
22.
No herbicides or pesticides shall be used on site until written details of their use
have been submitted to and approved in writing by the Mineral Planning
Authority.
Reason: To prevent pollution to the water environment.
23.
A minimum of 1 metre of undisturbed material shall be left in place above the
surface of the chalk and a minimum of 1m of overburden shall be reinstated
above this in accordance with mitigation measures as set out in paragraph 4.9.5
of the Environmental Statement dated February 2006. In the event that the chalk
is exposed then all operations shall be temporarily suspended until the remedial
measures necessary to enable operations to continue in a safe manner have
been approved by the Mineral Planning Authority.
Reason: To protect the ground water environment
24.
No development should take place until a long-term monitoring and
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maintenance plan in respect of contamination including a timetable of monitoring
and submission of reports to the Local Planning Authority, shall be submitted to
and approved in writing by the Local Planning Authority. Reports as specified in
the approved plan, including details of any necessary contingency action arising
from the monitoring, shall be submitted to and approved in writing by the Local
Planning Authority. Any necessary contingency measures shall be carried out in
accordance with the details in the approved reports.
Reason: To ensure the protection of groundwater. The site is located within
350m of the Wadesmill Public Water Supply. The proposed activity on site will
reduce the protection of the underlying Chalk aquifer to make it more vulnerable
to surface contamination.
Soil Handling, Stripping and Storage.
25.
No topsoil, subsoil or overburden shall be removed from the site.
Reason: To ensure that all soils and restoration materials are retained for use on site to
achieve the best possible standards of restoration.
26.
No topsoil or subsoil stripping shall take place until the Mineral Planning Authority
has been given at least 7 days and not more, than 21 days notice in writing of
any proposed topsoil stripping operations.
Reason: To ensure that soils and restoration material are handled and stored in such a
way as to minimise compaction and damage to soil structure in order to achieve
the best possible standard of restoration.
27.
No plant or vehicles shall cross any area of unstripped topsoil or exposed subsoil
except where such trafficking is essential and unavoidable for the purposes of
undertaking the permitted operations. Essential trafficking routes shall be
marked in such a manner as to give effect to this condition. No part of the site
shall be excavated or traversed or used for a road or for the stationing of plant
and buildings, or storage of subsoils or overburden until all available topsoil and
subsoil has been stripped separately to its full depth from that part. The
exception is that topsoils may be stored on like topsoils and subsoils may be
stored on like subsoils.
Reason: To prevent unnecessary trafficking of soil be heavy equipment and vehicles to
achieve the best possible standard of restoration.
28.
Soil stripping shall not commence on any phase until any standing crop or
vegetation has been cut and removed.
Reason: To avoid incorporation of concentrations of decaying vegetation in soils.
29.
Topsoil and subsoil shall be stripped only when they are in a dry and friable
condition. No movement of soils shall occur:
a) during the period 1 October to 31 March inclusive, unless, prior to such
movement commencing, the Mineral Planning Authority agrees in writing that
the movement of soils can take place satisfactorily within this period;
b) when any material part of the soils or sub-soils to be stripped has a moisture
content which is equal to or greater than that at which the soil becomes
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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’.
Reason: To ensure that soils and other restoration material are handled and stored in
such a way as to achieve the best possible standard of restoration and to
minimise compaction and damage to the soil.
30.
Soil bunds which are to be stored for over 12 months shall be constructed with a
slightly domed top and shall be seeded with an appropriate grass seed mixture
unless otherwise agreed in writing by the Mineral Planning Authority. Cutting or
spraying of soil bunds shall be undertaken as necessary to prevent the build up
of a seed bank of weeds3 or their dispersal onto adjoining land4.
Reason: In the interests of amenity
31.
Unless otherwise agreed in writing by the Mineral Planning Authority, no topsoil
stockpiles shall exceed 3 metres in height and no subsoil stockpiles shall exceed
5 metres in height.
Reason: To ensure that soils and restoration material are handled and stored in such a
way as to minimise compaction and damage to soil structure in order to achieve
the best possible standard of restoration and ensure that the site intrudes visually
as little as possible into the local landscape when operations are taking place.
Aftercare:
32.
A written scheme of aftercare shall be submitted to and approved in writing by
the Mineral Planning Authority prior to the commencement of the restoration of
Phase 1a of the development hereby permitted. The scheme shall specify the
steps as may be required to achieve and maintain the required standard of land
for the approved after use and shall include the following matters :i. seeding and planting;
ii. cultivation practices;
iii. remedial treatments;
iv. field drainage system;
v. weed control, and;
vi. provision for site meetings on at least an annual basis with officers of the
Mineral Planning Authority and any relevant consultee in order to assess the
progress to date, any remedial action required, and the management of the
restored areas for the following year.
The steps referred to above shall be carried out during the period of 5 years
following the first cultivation, seeding or initial tree, shrub or hedge planting of
each phase of the restoration. The approved scheme shall be implemented in
full.
Reason: To ensure that the best standard of aftercare management of the site is carried
out following restoration.
For the purposes of Condition 29 the definition of ‘weeds’ is listed in Schedule 9 part 2 of the
Wildlife and Countryside Act 1981 and The Weeds Act 1959.
4 See also Condition 40 regarding limitations with regard to cutting and spraying
3
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33.
A detailed annual programme of aftercare shall be submitted in writing prior to
the annual aftercare meeting referred to in Condition 31 vi). This shall include a
report on the previous year's aftercare; and the detailed programme for the
forthcoming year's work and confirm or modify the original proposals. The first
detailed programme shall be submitted with the overall scheme required to be
submitted pursuant to Condition 30. If required by the Mineral Planning
Authority, a revised aftercare scheme shall be submitted to the Mineral Planning
Authority in writing within four weeks of the annual site meeting. Any approved
revised scheme shall be implemented in full
Reason: To ensure that the best standard of after-care management of the site is
carried out following restoration.
34.
Unless otherwise agreed in writing in advance by the Mineral Planning Authority,
all excavated sand and gravel shall be transported to the processing plant by
conveyor5. These conveyors shall be located in accordance with a scheme to be
submitted to and approved in writing by the Mineral Planning Authority prior to
the commencement of extraction.
Reason: To minimise the adverse impact of operations on the local community in terms
of visual intrusion, noise and dust.
35.
No vehicles shall enter the public highway unless their wheels and chassis have
been cleaned to prevent material, including sand, mud and debris, being
deposited on the public highway.
Reason: In the interests of highway safety and to prevent mud and dust getting
on the highway.
36.
Prior to the commencement of mineral extraction, written details for the
relocation of the access gates and for signage instructing vehicles leaving the
site that there is no right turn onto the B158 shall be submitted to and approved
in writing by the Mineral Planning Authority. The approved proposals shall be
implemented in full prior to any export of aggregates.
Reason: In the interests of highway safety and to prevent vehicles queuing on the public
highway.
5
For the purposes of this condition it is accepted that excavated material shall initially be loaded by
the excavator onto dumper trucks for transfer to the conveyor hopper.
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37.
All laden lorries entering and exiting the site shall be sheeted.
Reason: In the interests of highway safety and safeguarding the amenities of local
residents.
38.
Details of the areas to be reserved for parking cars and lorries upon the site,
including proposed surfacing and drainage shall be submitted to the Minerals
Planning Authority for approval before operations commence, and no permanent
development, whether or not permitted by the Town and Country Planning
(General Permitted Development Order) 1995 or any order amending, replacing
or re-enacting that order, shall be carried out upon these areas or so as to
preclude access to them.
Reason: To minimise the adverse impact of operations.
39.
The surfacing of the internal site access road between the B158 Road and the
plant site shall be maintained in a good state of repair and kept clean and free of
mud and other debris at all times until the completion of site restoration.
Reason: In the interests of highway safety
Ecology:
40.
No operations (including soil stripping) shall commence on the site until full
surveys of reptiles and butterflies have been carried out by a suitably qualified
person and submitted to and approved in writing by the Mineral Planning
Authority.
Reason: To ensure that protected species are protected from the effects of the
development.
41.
The use of herbicides or pesticides or the carrying out of any mowing, cutting,
crop removal, or soil stripping on any phase shall have due regard for the
presence of breeding birds. If breeding birds are found on any area to be
sprayed, mown, cut, or stripped, then spraying, mowing, cutting, or stripping of
that area must be postponed until after breeding has ceased for that season.
Reason: To ensure that breeding birds are not disturbed by the effects of the
development.
42.
No removal or cutting back of trees, shrubs, hedges and dense ground cover
(brambles) shall take place unless otherwise agreed in writing in advance by the
Mineral Planning Authority.
Reason: To ensure fauna and flora are protected during the development.
43.
A watching brief shall be maintained to check for the presence of badgers and
their setts during all operations.
Reason: To ensure that badgers are not disturbed from the effects of the development.
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Restoration:
44.
Unless otherwise agreed in writing by the Mineral Planning Authority, no material
shall be imported onto the site.
Reason: To ensure operations are conducted in accordance with the approved scheme.
45.
Each right of way, existing, diverted or newly created within the area of the
development hereby permitted, shall be clearly signposted including showing the
status of the right of way. Each diversion or new path shall be clearly shown on
a plan which shall be maintained and kept up to date at all times and shall be
located at the boundary of the site at the point/s where the right of way enters the
permitted area. Unless otherwise agreed in writing by the Mineral Planning
Authority, immediately following completion of restoration (excluding aftercare)
any diverted right of way shall be reinstated to its original line and length and be
safe and fit for the public to pass and re-pass along its entire route.
Reason: To ensure that existing rights of way are fully protected and that rights of way
users are not endangered.
46.
Prior to the commencement of any operations within 50 metres of a right of way,
safeguards, which shall include suitable fencing, to protect persons using the
public right of way shall be made. No public right of way within the permitted
area shall be obstructed or its surface damaged in any way.
Reason: To ensure that existing rights of way are fully protected and that rights of way
users are not endangered.
Miscellaneous:
47.
The applicant shall submit a written report to the Mineral Planning Authority at
the end of each calendar year or upon completion of a phase of restoration,
whichever is the sooner, detailing progress of extraction and restoration of the
site. This report shall include:
i. a drawing indicating existing as built site levels related to Ordnance Datum
identifying all significant features and boundary details, including the extent of
operations and any restored areas of the site;
ii. confirmation of the methodology employed in any restoration, soil placement or
treatment for any completed phases;
iii. details of the volume of extracted material from the site during the year, and;
iv. the area stripped of topsoil and subsoil;
v. the location of each soil storage mound;
vi. the quantity and nature of the material therein.
vii. an estimation of whether the practical implementation of the approved
restoration scheme is capable of being achieved and whether the development
is likely to be completed within the timescales predicted in the application.
Reason: To enable the Mineral Planning Authority to review the position in respect of the
restoration at the site, to assess whether final restoration is likely to be
completed as required by of this schedule and to ensure operations are carried
out in a comprehensive and phased manner.
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48.
No floodlights shall be used on site without the prior written agreement of the
Mineral Planning Authority on the design, location, luminescence and direction of
each light.
Reason: To safeguard public safety and minimise the risk of environmental
pollution.
49.
Precautions shall be taken at all times to prevent unauthorised access to the site.
No part of the development hereby permitted shall be commenced until a
scheme to manage nuisance from motorised vehicles has been submitted to and
approved in writing by the Mineral Planning Authority. The approved scheme
shall be implemented in full.
Reason: To minimise the adverse effects on the local amenity.
50.
All machinery, buildings, plant, haul roads and accesses no longer required in
connection with the operations or future agricultural use of land, shall be
removed from the land within twelve months of the completion of final restoration
and the land restored in accordance with the provisions of this planning
permission.
Reason: To improve the appearance and visual amenity of the areas and
minimise the adverse effects on local amenity.
51.
The Applicant or their successor in title will continue to attend liaison meetings in
accordance with the existing procedure throughout the life of operations,
restoration and aftercare of the site.
Reason: To ensure ongoing communication between the applicant, HCC and the
local community.
52.
A copy of these conditions and any schemes referred to within this consent and
submitted and approved pursuant to this consent shall be displayed in the site
office and the contents shall be made known to any persons given responsibility
for operational management and control.
Reason: To ensure that an orderly programme of operations is carried out in such a
manner to ensure that any adverse effects on local amenity are kept to a
minimum.
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