Development Control Committee
Meeting to be held on 18th April 2012
Electoral Division affected:
Wyreside
Wyre Borough: Application ref 02/12/0023
Engineering operations to construct an additional lagoon for the storage of
mineral processing tailings and water for mineral washing.
Sharples Quarry, Tarnacre Lane, St Michaels on Wyre, Preston.
Contact for further information:
Jonathan Haine, 01772 534130, Environment Directorate
DevCon@lancashire.gov.uk
Executive Summary
Application - Engineering operations to construct an additional lagoon for the
storage of mineral processing tailings and water for mineral washing.
Sharples Quarry, Tarnacre Lane, St Michaels on Wyre, Preston.
Recommendation – Summary
That planning permission be granted subject to conditions controlling time limits,
working programme, soils stripping, flood mitigation, noise and dust, protection of
water resources, hours of operation, restoration and aftercare.
Applicant’s Proposal
Planning permission is sought for the construction of a lagoon for the storage and
settling of silt from water used in the sand and gravel processing / washing
operations. The lagoon would be rectangular in shape and would measure 80m x
50m. A number of soil and overburden (clay) mounds would be created from the
materials excavated during the creation of the lagoon.
The lagoon would be created by excavating the in situ soils and clay materials to a
depth of approximately 5m. A small bund approximately 1m high would be created
around the perimeter of the lagoon to act as edge protection required by health and
safety legislation.
Upon the lagoon becoming full with silt from the processing / washing operations, the
lagoon would be allowed to dry out and then restored back to agricultural land using
the previously stripped soils.
Description and Location of Site
The application site is located 4km south west of Garstang and 2 km north east of St
Michaels on Wyre. The site is located within a larger area (56 ha) of agricultural land
that has planning permission for the extraction of sand and gravel and associated
mineral working activities.
The southern and eastern boundaries of the quarry site are formed by the A586
Garstang to Great Eccleston road from where access to the quarry is taken. To the
north and west of the site are large areas of flat, open arable agricultural land. The
northern boundary of the site is formed by Sharples Lane which is an agricultural
track and a public footpath. There are a number of properties along the southern and
eastern boundaries of the site which are accessed off the A586 one of which is an
organic horticultural practice at Brook House Farm.
The application site is located within an agricultural field bound by hedgerows and a
stream / ditch called the Longback Brook.
Quarrying operations have commenced. The works undertaken to date include the
stripping of soils and commencement of sand and gravel extraction in Phase 1, the
construction of the site access, and stripping of soils and laying of hardcore within
the proposed processing plant area.
Background
History
Planning permission for the extraction of sand and gravel including the construction
of a new access off the A586, processing plant and site support facilities and
restoration of the site to agriculture and lake / wetland areas was granted on 10 th
October 2005 (Ref 02/04/0652). The development has commenced.
A current application (ref 2/12/0024) for the relocation of a water lagoon and
relocation and increase in height of a raw materials stockpile is reported elsewhere
on this agenda.
Planning Policy
National Planning Policy Framework
Technical Guidance to the National Planning Policy Framework – Flood Risk and
Minerals Policy
Regional Spatial Strategy
Policy DP7
Policy EM1
Promote Environmental Quality
Integrated Enhancement and Protection of the Region's Environmental
Assets
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 7
Policy 8
Quality of Life
Open Countryside and Landscape
Trees, Woodlands and Hedgerows
Policy 23
Policy 24
Policy 75
Policy 108
Policy 112
Water Resource protection
Flood Risk
Plant and ancillary development (on site)
Restoration of agricultural land
Standards of Operation
Lancashire Minerals and Waste Local Development Framework (Core Strategy)
Policy CS5
Achieving Sustainable Minerals Production
Wyre Borough Local Plan
Policy SP13 Development in the Countryside
Policy SP14 Standards of Design and Amenity
Policy ENV17 Surface Water Protection
Consultations
Wyre Borough Council – No objection.
Kirkland Parish Council – No objection but are concerned that water will escape into
the Longback Brook and ask who is responsible for monitoring such aspects of the
operation.
Upper Rawcliffe - with - Tarnacre – No observations received.
Assistant Director - Highways – No objection.
Environment Agency – Initially objected to the application as the area surrounding
the site is in flood zone 2 and the design of the lagoons and soil mounds did not
ensure that the risk of flooding elsewhere is not increased. They advised that all
bunds must have 40mm pipes at ground level at 10m centres so they do not create
an obstruction to flood waters. The objection has now been withdrawn subject to the
imposition of a condition requiring all soil mounds on the site to be designed in a way
that would allow the passage of flood water.
The EA also advised that a bund and proposed tree planting belt near the site
entrance and adjacent to the Humblescough Brook had not been designed to
accommodate flood waters and would be within the 8m easement required for
stream maintenance. The bund has now been moved outside of the easement and
the EA acknowledge that the planting belt adjacent to the brook was a feature of the
original application to which they did not raise objection at that time.
Representations – The application has been advertised by press and site notice, and
neighbouring residents informed by individual letter. Two letters of representation
have been received. One letter has been received from the adjoining organic
horticultural practice objecting to the proposal for the following summarised reasons:
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The operators are in breach of several conditions of the original planning
permission.
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The design of the site has not been approved and therefore the use of this
access in order to construct the lagoon will jeopardise highway safety on the
A586
The quarry development will require the development of four lagoons. The
fact that the operator currently only proposes to construct two lagoons is an
attempt to split any larger development into a number of smaller elements
thereby avoiding the need to undertake EIA.
The site for the lagoon was to have been used for the plant site under the
original application but was later amended to reduce the impacts of noise and
dust on Brook House Farm. The construction of a lagoon in these fields would
reintroduce these impacts.
The exaction of the lagoon may encounter sand and gravel horizons rather
than clay which would result in aquifer pollution or may impede the stability of
the lagoon.
The existing bunds have not been constructed with gaps in order to allow the
passage of flood waters and have not been grassed to reduce dust.
The existing flooding issues in the area prevent the retention of the 1 metre
free board as is proposed.
The figures on soil volumes are ambiguous
The hydrological assessment has not been approved by the County Council
or the EA.
The organic horticulture business at Brook House Farm is a sensitive land use
and therefore appropriate buffer zones should be retained.
The bunds will not mitigate noise but additional noise will be created during
their construction
The dust monitoring equipment has not been installed correctly
Great Crested Newts (GCNs) are located within a pond at Brook House Farm
The second representation informs that a water vole was observed within the site in
November 2011 contrary to the view expressed in the applicant's ecological survey.
The resident considers that improvement works undertaken to the ditches within the
site would have affected water voles.
Advice
Director of Transport and Environment – Observations
Planning permission for the extraction of sand and gravel from land near St Michaels
on Wyre (to be known as Sharples Quarry) was granted in 2005 (ref 02/04/0652).
Some works to implement the planning permission including the construction of the
site access, soil stripping in phase 1 and the excavation of some sand and gravel
have taken place, but no minerals have yet been exported from the site to date.
In order to produce clean aggregate materials that conform to the appropriate BS
specifications for concreting and building applications, it is necessary to wash the 'as
dug' materials to remove fine material (silt and clay) that would otherwise
contaminate the processed materials and make them unsuitable as high quality
construction materials. Specialist processing plant will be used to wash the minerals
and allow the production of a range of high grade aggregate products.
At most wet sand and gravel quarry sites, water is simply pumped from worked out
parts of the excavation and used in the processing plant for washing purposes.
However, at this site, the aquifer in the sand and gravel horizon is sensitive to further
dewatering and therefore water pumped from active areas of the quarry must be
generally returned to worked out areas of the quarry so that losses from groundwater
are minimised. The washing process at this site must therefore operate on a 'closed
loop' system with the washing water being continually recycled to be reused in the
processing plant. It is therefore necessary to include sufficient lagoon capacity to
allow the fine material washed out of the sand and gravel to be settled out allowing
the resulting clean water to be reused in the plant.
The applicant for this quarry development in 2004 was different to that currently
holding the lease for the site. In the original application, no provision was made for
any settling lagoons associated with the processing plant. Following the acquisition
of the lease, the current operator has undertaken a review of the working scheme
with a view to improving the efficiency of the quarrying operation. The operator
therefore proposes the construction of a lagoon to be used to provide water storage
and silt settling capacity for the site. Over time, this lagoon would fill with silt and
therefore, depending on the quantities of silt within the raw materials, it may be that
further lagoons are required in the future. However, the need for any further lagoons
would be determined as part of future operations and if required would be the subject
of further planning applications.
The lagoon development is considered by the applicant to be essential to the
economic viability of the quarry. If sufficient lagoon capacity cannot be provided, the
sand and gravel materials could only be dry screened and consequently could not
meet the more exacting standards demanded for higher specification construction
materials. It is accepted that the proposed development would improve the quality of
materials and is considered acceptable in principle. However, it is necessary to
consider any environmental impacts that may arise from the development, in
particular the visual and flooding impacts and amenity issues relating to the proximity
of the horticultural business at Brook House Farm.
In terms of landscape impacts, the lagoon would be sited in a field bound by
hedgerows. The lagoon itself would be largely at ground level and therefore its
landscape impact would be minor when seen from the nearest viewpoints such as
from the A586 and the footpath along Sharples Lane to the north. The main visual
impacts would arise from the additional soil and overburden mounds that would be
required to store the materials arising from the excavation of the lagoon. As no silt
lagoon provision was made in the original planning application, these visual impacts
would be additional to those that were assessed when the County Council granted
planning permission in 2005. With the exception of a short section of hedgerow that
would need removal in order to allow vehicular access into the lagoon field, the new
lagoon would not require the removal of any trees or hedgerows beyond those which
were permitted under the 2005 permission. It is therefore considered that the visual
impact of the proposal would be acceptable, particularly as it would be for a
temporary period and would be restored back to agricultural use in the long term.
In relation to flooding, the EA state that the area within which the proposed lagoon is
to be constructed falls within an area identified as flood zone 2. The EA requires the
proposed lagoon to be designed in a manner that would allow any flood waters to
pass freely over the land and that failure to do so would increase the risk of flooding
on adjacent land. The EA initially objected to the proposal as they considered that
the proposed soil and over burden mounds would present a barrier to floodwaters.
However, the mound design incorporates gaps to allow the passage of floodwater
and a condition could be imposed requiring the mounds to incorporate such drainage
measures. The EA have subsequently acknowledged this and have withdrawn their
objection to this issue. The EA have also made comments in relation to landscaping
works undertaken at the site access. However, these works do not form part of the
development currently proposed, they formed part of the parent planning permission
and to which the EA raised no objection at the time. Subject to the imposition of a
condition requiring the peripheral mounds to incorporate the gaps to provide for the
passage of flood water, the development is considered acceptable for the purposes
of Policy 24 of the Lancashire Minerals and Waste Local Plan.
In terms of impacts on amenity, objection has been received from the occupier of
Brook House Farm, a commercial organic horticultural practice with the crops being
grown in poly tunnels. The farm house is located approximately 300 metres from the
proposed lagoon and, at their closest point, the poly tunnels are located
approximately 200 metres from the proposed lagoon. The occupier is concerned with
the general impacts on his amenity arising from the construction of the lagoons and
that the construction would impact upon the horticultural business by increasing dust
which could be deposited on his poly tunnels thereby affecting light levels and
reducing plant growth.
The creation of the proposed lagoon has the potential to increase noise and dust
levels. However, the construction period would be for a relatively short period, the
excavated and stockpiled soil mounds would be seeded and there would be no noise
or dust generated once the lagoon is in operational use. The lagoon would need to
restored on completion of the quarrying operations but this would only consist of the
re - spreading of soil materials which would also be for a relatively short period. It is
accepted that noise may be generated, but this would be for a temporary period.
National Planning Policy Framework and supporting Technical Guidance recognise
noise may increase for temporary periods for developments of this nature and which,
subject to controls can be found acceptable. Conditions restricting noise levels,
hours of working and silencing of plant during the construction phase of the lagoon
could be imposed and which would be sufficient to reduce noise levels to acceptable
levels. Any temporary increase in noise is therefore considered acceptable in this
instance.
In relation to dust, the materials to be excavated would consist of soils and clay
which are likely to be wet or damp and generally would not generate high levels of
dust. The operations most likely to generate dust would be the haulage of excavated
materials to their storage locations. However, the excavated soil materials would be
mainly stored on the perimeter of the lagoon and the clay would be used to partially
backfill the phase 1 quarry excavation both of which would require relatively short
haulage distances, reducing potential for dust generation.
As part of the parent planning application, it was proposed to use the field within
which the lagoon is now proposed for the processing plant and stockpiling area.
However, the plant and stockpiling area was subsequently relocated further north to
reduce amenity impacts on Brook House Farm. The owner of Brook House Farm has
objected to the current application on the grounds that the location of the lagoon
would reintroduce noise and dust impacts that had been ‘designed out’ of the original
scheme. However, there is a clear difference between the two activities in that, once
constructed the lagoon and soil storage would not generate noise or dust in a similar
way to that which could be generated by the processing / stockpile area and which
would have been active throughout the full period of the quarrying operations.
The potential impact of dust on the agricultural practices of Brook House Farm is
acknowledged. However, it is considered that the construction of the additional
lagoon would not increase noise or dust to unacceptable levels. A scheme of dust
mitigation and monitoring has been approved and the monitoring provisions in the
scheme would enable the dust impacts of the quarry operation to be assessed and
for mitigation measures to be increased if required. It is therefore considered that the
development is acceptable in relation to amenity impacts and complies with Policy 2
of the Lancashire Minerals and Waste Local Plan and that there would be no
sustainable reasons to object to the proposal.
A number of other issues have been raised by the owner of Brook House and which
are addressed as follows. Many of these issues are common to application
2/12/0024 reported elsewhere on this agenda.
 It is acknowledged that the operator has not fully complied with some of the
conditions to the existing planning permission. However, the current operator
is new to the site; the breaches have been identified as part of the monitoring
of the site and the operator has been advised of the need to comply with the
conditions. Irrespective of such breaches, the proposal must be considered
on its merits and issues of compliance with the existing permission are not a
material consideration.
 A number of issues have been raised with regard to the stability and safety of
the lagoon and the risk of the aquifer being contaminated. The lagoon would
be constructed by excavating the in situ clays the presence of which has
been proven by previous geological investigations. The lagoon would be
excavated to a depth of five metres below existing ground levels with the
maximum depth of water being four metres. The water in the lagoon would
therefore be entirely contained within undisturbed ground with a 1m free
board being retained for geotechnical reasons. It is therefore considered that
the lagoon has been designed appropriately having regard to the existing
ground conditions and the principle of which and means of construction has
already been found acceptable as part of the existing planning permission.
The design and construction of the lagoon would also be subject to controls
under the Mines and Quarries legislation with respect to safety. In response
to the issues regarding contamination, it is acknowledged that the geology in
this area is highly variable and that it is possible that the operator may
encounter patches of sand and gravel rather than clay when constructing the
lagoon. However, the silt to be placed in the lagoon would be derived from
the sand and gravel materials that have already been excavated from the
aquifer following the washing process. It is therefore considered there is no
risk of contamination of the aquifer.
 In relation to Environmental Impact Assessment, the development falls within
schedule 2 of the Environmental Impact Regulations as a 'change to or
extension of a development listed in Schedule 1'. In such cases, EIA may be
required depending on the location, scale and environmental impacts of the
proposed development and whether the development as a whole as modified
has significant adverse effects on the environment. A screening opinion has
therefore been undertaken to assess whether this application should be
subject to EIA. In view of the scale, location and nature of the development, it
is considered that EIA is not required and that the environmental impacts of
the development can be adequately addressed through the planning
application process. In the event further lagoons are required to facilitate the
future operational needs of the quarry, had those lagoons been the subject of
a single planning application, it is considered that the thresholds in the EIA
Regulations would not be exceeded to the extent that EIA would be required
or that the development as a whole would be modified in a way that would
have significant adverse effects on the environment to require EIA. In view of
the scale, location and nature of the development, it is considered that EIA is
not required and that the environmental impacts of the development can be
adequately addressed through the planning application process.
 The resident has drawn attention to instances where the Longback Brook has
been managed in a manner that is perceived to be damaging to ecological
interests in particular water voles. However, the management works that have
been highlighted appear to have been undertaken as part of normal
agricultural management practices and have not been undertaken as part of
the quarry development. The submitted ecological protection plan for the site
contains provisions in relation to water vole protection but does not
specifically prevent maintenance works such as those already undertaken.
 The resident has drawn attention to the location of a pond at the western end
of his property which he states is habitat for GCNs. The applicant has
submitted a GCN survey. However, the pond within Brook House Farm was
not surveyed; the applicant has advised that access to the pond to undertake
a survey was denied by the land owner. It has therefore not been possible to
prove the presence or otherwise of GCN's or the numbers of the species that
may present. However, the pond is approximately 60m from the proposed
lagoon and associated soil storage. The land required for the lagoon is
comprised of improved pasture used for agricultural grazing and therefore
would not normally be optimal terrestrial habitat for GCNs, particularly in view
of the presence of other more favourable habitats in the area such as the
existing hedgerows. The lagoon development would not require the removal
of any hedgerows in close proximity to the pond and therefore it is considered
that the likelihood of any GCN habitat being affected by the proposed
development is small. Irrespective, the developer has obligations under the
Wildlife and Countryside Act in respect of European Protected Species; a
note advising the developer to contact Natural England in the event that any
GCN's are encountered during soil stripping operations is proposed.
In conclusion, the development is required to ensure that the mineral resources at
this site can be processed to allow the production of a range of high quality
aggregate materials that meet BS specifications for construction purposes. The
development would be acceptable in relation to landscape impacts and provided that
conditions are imposed in relation to mitigation of noise and dust, it is considered
that the impacts on amenity could be controlled to acceptable levels. Provided that
mounds are designed appropriately, it is considered that the development would not
increase the risks of flooding on adjacent land.
In view of the scale, location and nature of the proposal, it is considered that no
Convention Rights set out in the Human Rights Act 1998 would be affected.
Summary of Reasons for Decision
The development is required to ensure that the mineral resources at this site can be
processed to allow the production of a range of high quality aggregate materials that
meet BS specifications for construction purposes. The development would be
located within an existing quarry environment and is acceptable in relation to local
landscape character. Noise and dust levels associated with the construction of the
lagoon would be for a short period and would not lead to an unacceptable loss of
amenity. The geology of the area would support the construction of the lagoon and
the materials which it is designed to accommodate would pose no risk to the aquifer.
The design of the lagoon and peripheral soil storage mounds would ensure the free
flow of water at times of flooding and the soil storage mounds would be grassed to
minimise the migration of dust. There is no evidence that protected species have or
would be affected. The development complies with the policies of the Development
Plan. The policies of the Development Plan relevant to this decision are:National Planning Policy Framework
Technical Guidance to the National Planning Policy Framework – Flood Risk and
Minerals Policy
Regional Spatial Strategy
Policy DP7
Policy EM1
Promote Environmental Quality
Integrated Enhancement and Protection of the Region's Environmental
Assets
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 7
Policy 8
Policy 23
Policy 24
Policy 75
Policy 108
Policy 112
Quality of Life
Open Countryside and Landscape
Trees, Woodlands and Hedgerows
Water Resource protection
Flood Risk
Plant and ancillary development (on site)
Restoration of agricultural land
Standards of Operation
Lancashire Minerals and Waste Local Development Framework (Core Strategy)
Policy CS5
Achieving Sustainable Minerals Production
Wyre Borough Local Plan
Policy SP13 Development in the Countryside
Policy SP14 Standards of Design and Amenity
Policy ENV17 Surface Water Protection
Recommendation
That planning permission be granted subject to the following conditions:
Time Limits
1.
The development shall commence not later than 3 years from the date of this
permission.
Reason: Imposed pursuant to Section 91 (1) (a) of the Town and Country
Planning Act 1990.
Working Programme
2.
The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following documents:
a)
The Planning Application and supporting statement received by
the County Planning Authority on 6th January 2012
Submitted Plans and documents:
Drawing 0140/21/01 - Location Plan
Drawing 0140/21/02 - Application Plan
Drawing 0140/21/03 - Development Plan
Drawing 0140/21/05 - Site Restoration
Drawing 0140/21/06 - Lagoon Cross Section
c) All schemes and programmes approved in accordance with this
permission.
Reason: For the avoidance of doubt, to enable the County Planning Authority
to adequately control the development and to minimise the impact of the
development on the amenities of the local area, and to conform with policies
2, 7, 8, 23, 24, 75, 108 and 112 of the Lancashire Minerals and Waste Local
Plan and policies SP13, SP14 and ENV 17 of the Wyre Borough Local Plan.
3.
The lagoon shall be restored in accordance with the scheme and programme
of restoration approved under the requirements of condition 17 within one
year of silt levels in the lagoon reaching a level of 6.9 metres AOD or by 31st
March 2017 whichever is the earlier.
Reason: To ensure the proper restoration of the site within an acceptable
timescale and to conform with policies 2, 7 and 106 of the Lancashire
Minerals and Waste Local Plan.
4.
All available topsoil and subsoil shall be stripped from any part of the site
before that part is excavated or traversed by heavy vehicles. All stripped
topsoil and subsoil shall be retained on the site and stored in within the
mounds as shown on drawing number 0140/21/03 - Development Plan for
future use in the restoration of the lagoon.
Reason: To ensure the proper removal and storage of soils to ensure
satisfactory restoration and to conform with Policy 106 of the Lancashire
Minerals and Waste Local Plan.
5.
No movement of topsoil or subsoil shall occur during the period from the 1
October to 1 April inclusive without the prior written consent of the County
Planning Authority. At other times the stripping, movement and respreading
of top and subsoils shall be restricted to occasions when the soil is dry and
friable and the ground is sufficiently dry to allow the passage of heavy
vehicles, plant and machinery over it without damage to the soils.
Reason: To ensure the proper removal and storage of soils to ensure
satisfactory restoration and to conform with Policies 106 of the Lancashire
Minerals and Waste Local Plan.
6.
All topsoil, subsoil and overburden mounds shall be graded and seeded within
six months of their construction and maintained in a fully grassed, weed free
condition throughout their duration on the site.
Reason : In the interests of the amenity of the area and to conform with
policies 2, 7 and 112 of the Lancashire Minerals and Waste Local Plan.
7.
With the exception of the raw feed stockpile, all temporary soil and
overburden bunds shall be constructed with 400 mm diameter pipes at ground
level at 20 metre intervals or 1 metre wide channels running the full width of
the bund at ground level at 50 metre intervals so as to ensure the free flow of
water.
Reason : In order to prevent the flooding of adjacent land and to conform with
Policy 24 of the Lancashire Minerals and Waste Local Plan.
Noise and Dust
8.
All mobile plant used in the construction and restoration of the lagoon shall be
fitted with the types of reversing alarms described in the scheme and
programme submitted on 13th October 2009 as modified by the email from
Halletec Environmental dated 25th May 2010 and such equipment shall be
actively employed throughout the development.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
9.
All plant, equipment and machinery used in connection with the development,
operation and restoration of the lagoon shall be equipped with effective
silencing equipment or sound proofing equipment to the standard of design
set out in the manufacturer's specification and shall be maintained in
accordance with that specification at all times throughout the development.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
10.
Noise emitted from the operations to develop and restore the lagoon shall not
exceed 55dBLAeq (1 hour) (free field), as defined in this permission, when
measured from any of the following properties at a point closest to the noise
source:
a)
b)
c)
Tarnacre House Farm NGR 474 429
Brook House Farm NGR 473 425
Tarnacre Hall Cottages NGR 470 421
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
11.
The noise limits set out in condition 12 above shall not apply during the
stripping of soils and overburden from the lagoon site, the construction of
storage mounds for these materials and their respreading during restoration of
the lagoon. Noise from any of these activities shall not exceed 70 dBLAeq (1
hour) (free field), as defined in this permission, as measured from any of the
properties identified in condition 12 at a point closest to the noise source.
This condition shall only apply for not more than 20 days in any one calendar
year unless otherwise agreed in writing by the County Planning Authority. A
written record shall be made of the dates that these activities are taking place
and shall be made available to the County Planning Authority on request.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
12.
Dust mitigation and monitoring shall be undertaken throughout the duration of
the development and restoration in accordance with the scheme and
programme submitted under the requirements of condition 30 of planning
permission 2/04/652 on 23rd July 2010.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
Water Resources
13.
Provision shall be made for the collection, treatment and disposal of all water
entering or arising on the site to ensure that there shall be no discharge of
contaminated or polluted drainage to ground or surface waters.
Reason: To safeguard local watercourses and drainages and avoid the
pollution of any watercourse or groundwater resource or adjacent land and to
conform Policies 22 and 112 of the Lancashire Minerals and Waste Local
Plan.
14.
With the exception of the raw feed stockpile, all temporary soil and
overburden bunds shall be constructed with 400 mm diameter pipes at ground
level at 20 metre intervals or 1 metre wide channels running the full width of
the bund at ground level at 50 metre intervals so as to ensure the free flow of
water.
Reason: To prevent flooding of adjacent land and to conform with policy 24 of
the Lancashire Minerals and Waste Local Plan.
Hours of Operation
15.
No soil or overburden excavation or soil replacement in connection with the
excavation or restoration of the lagoon, or formation or removal of soil storage
mounds shall take place before 0800 hours or after 1700 hours Mondays to
Fridays inclusive (except Public Holidays), or before 0800 hours or after 1300
hours on Saturdays or at any time on Sundays or Public Holidays.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2 and 112
of the Lancashire Minerals and Waste Local Plan.
Restoration
16.
Within six months of the date of this permission, a scheme and programme of
restoration for the site shall be submitted to the County Planning Authority for
approval in writing. The scheme and programme shall contain details of the
following:a) The proposed afteruses of the lagoon
b) The depths of replacement of sub and top soils
c) Measures for the treatment of soils including ripping to remove
compaction and cultivation measures to provide a surface suitable for
seeding
d) Details of seed mixes to be used including rates of application
e) Details of tree and hedgerow planting to close any gaps in the
hedgerow required to access the lagoon from the processing plant site.
The approved scheme and programme shall be implemented in full.
Reason : In the interests of the visual amenity of the area and to secure the
proper restoration of the site and to conform with Policy 106 of the Lancashire
Minerals and Waste Local Plan.
Aftercare
17.
Upon certification in writing by the County Planning Authority of the
completion of restoration of the lagoon, aftercare of the lagoon site shall be
undertaken for a period of five years in accordance with the scheme and
programme of aftercare approved under the requirements of condition 41 of
planning permission 2/12/0024.
Reason ; In order to ensure the proper restoration of the site and to conform
with Policy 106 of the Lancashire Minerals and Waste Local Plan.
Notes
The grant of planning permission does not remove the need to obtain the relevant
statutory consents/licences from the Environment Agency.
Definitions
Free field : At least 3.5 metres away from the facade of a property or building.
Completion of Restoration : The date the County Planning Authority certifies in
writing that the works of restoration in accordance with condition 17 have been
completed satisfactorily.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
2/12/0023
2/12/0024
2/04/0652
Date
6th January 2012
Contact/Directorate/Ext
Jonathan Haine/Environment/34130
Reason for Inclusion in Part II, if appropriate
N/A