Conditions / Refusal Reasons
Unless otherwise agreed with the mineral planning authority all
extraction shall cease, all plant and machinery shall be removed
including the blockmaking plant and the site restored no later than
31.12.2010.
Reason: To comply with Schedule 5 Para 1 of the Town and Country
Planning Act 1990.
Unless otherwise agreed in writing by the mineral planning authority
all work and restoration shall be carried out in accordance with the
accompanying plans;
Site Survey/Existinng Situation S39x5b
Location Plan S39/R1
Working Overview S39/R2
Detail Working phase 2 S39/R3
Detail Working phases 3, 4, 5 S39/R4
Detail Working phase 6 S39/R5
Detail Working phase 7 S39/R6
Restoration Overview S39/R7
Detailed Restoration S39/R8
Reason: To ensure the site is properly worked and restored.
Except with the prior arrangement of the mineral planning authority
in writing, no operations permitted or required by this permission
shall be carried out except between the following times:
0700 hours and 1800 hours on Monday to Friday
0700 hours and 1300 hours on Saturday
and no operations permitted shall be carried out on Sundays or a bank
holiday or as otherwise may be agreed in writing by the mineral
planning authority.
Reason: To protect the amenities of adjoining residents.
All traffic associated with the operations shall access the site from
the existing access points 1 and 2 (as shown on approved Plan No. S39/R2)
for phases 1-5 and A-D and on completion of phase 5 of the existing
points 1 and 2 shall be closed to traffic associated with sand and
gravel extraction and processing and the new access point 3 onto the
B478 shall be constructed to serve the second plant site (as shown on
approved Plan No. S39/R2) unless otherwise agreed in writing by the
mineral planning authority.
Reason: In the interests of highway safety.
Prior to the construction of acccess point 3 as shown on approved
Plan No. S39/R2 final details of the new access incorporating
landscaping shall be submitted for approval in writing by the mineral
planning authority. The new access shall be constructd in accordance
with the approved details and shall be brought into use prior to
the use of the second plant site.
Reason: In interests of highway safety.
The surface of all site accesses shall be maintained in a good state
of repair and kept free of mud and debris at all times.
Reason: In the interests of highway safety.
No lorry shall leave the site unless the wheels and chassis have been
cleaned sufficiently to prevent mud or dust being carried on to
the highway.
Reason: In the interests of highway safety.
All internal haul roads will be maintained free of potholes and shall
be removed when no longer required or during the course of site
restoration whichever is the sooner.
Reason: To ensure the site is satisfactorily restored and to minimise
noise disturbance to neighbouring residents.
Any fuel lubricant and other pollutants shall be handled on the site
in such a manner as to prevent the pollution of any watercourse
or aquifer.
Reason: To prevent pollution of the water environment.
Any above ground oil storage tank(s) including those used by
contractors during construction shall be sited on an impervious base
and surrounded by a suitable liquid tight bunded compound. No
drainage outlet shall be provided. The bunded area shall be capable
of containing 110% of the volume of the largest tank and all fill
pipes, draw pipes, and sight gauges shall be enclsoed within its
curtilage. The vent pipe shall be directed downwards into the bund.
Reason: To prevent pollution of the water environment.
No solid matter shall be deposited such that it passes or is likely
to pass into any watercourse.
Reason: To prevent pollution of watercourses and ground water.
No water shall be discharged from the site which is sufficiently
contaminated by silt or clay to cause clouding or sedimentation in
adjoining ditches, ponds or watercourses.
Reason: To prevent pollution of ditches and watercourses.
There shall be no extraction or deposit of waste within 16 metres
of Berry Brook or 10 metres of any other drainage channel. There
shall be no obstruction of acces to any watercourse.
Reason: To retain access to the watercourses for the Environment
Agency to carry out its functions and prevent damage to
or pollution of the watercourse and to protect flora and
fauna dependent on the aquatic environment.
No excavation shall take place within a distance of 12 metres measured
perpendicularly either side of any gas pipeline which passes through
the site or as may otherwise be agreed by the mineral planning
authority in consultation with Transco.
Reason: To ensure no damage occurs to any gas pipeline crossing the
site.
There shall be no direct connection between the excavations and any
watercourse.
Reason: To prevent pollution of the water environment.
No permanent embankment shall be raised on any part of the site liable
to flood except as part of a scheme to be agreed by the mineral
planning authority prior to commencement of works. The scheme
should be designed to offer a reduction (but not necessarily
elimination) of flood risk to nearby properties.
Reason: To explore restoration opportunities for minor works such as
embankments to be placed to reduce flood risk to surrounding
properties.
No raising of existing ground levels shall take place as a result of
infilling operations using mineral waste from within the site on any
part liable to flood.
Reason: To prevent the increased risk of flooding due to impendance
of flood flows and redirection of flood storage capacity.
No pumping of excavations shall take place whilst the adjoining
watercourses are running bank full.
Reason: To prevent the increased risk of flooding.
Noise levels shall not exceed 55 dB (Leaq) 1 hour freefield at noise
sensitive properties during normal operations and 70 dB (Leaq)
1 hour freefield during temporary earth moving operations, or as the
mineral planning authority may agree in writing.
Reason: To minimise the noise disturbance experienced by neighbouring
residents.
A mobile bowser will be employed when required to suppress dust
arising as a result of the permitted operations.
Reason: To protect the amenities of local residents.
No reversing vehicle alarms or other methods of warning of reversing
vehicles shall be used on any mobile plant except in accordance
with details agreed with the mineral planning authority in writing.
Reason: To protect the amenities of occupiers of nearby premises from
unreasonable noise intrusion.
No floodlighting shall be erected on site without the prior approval
of the mineral planning authority in writing.
Reason: In the interests of the amenities of the occupier of nearby
properties.
No trees or hedges (as shown on approved plan S39/R8) within the site
shall be removed unless previously agreed in writing with the mineral
planning authority.
Reason: To maintain the visual amenities of the area.
No mineral extraction from phases 1 to 5 shall take place after
6 months from the date of these new conditions until the applicant
has submitted a phased programme of archaeological monitoring, recording
and publication in accordance with a written scheme of investigation
andit has been approved in writing by the mineral planning authority.
No working shall take place in any areas identified for monitoring
in that programme until monitoring and recording has been completed.
Reason: The development may affect a site of archaeological interest.
Soil handling will only take place when the soils are dry and friable.
Reason: In order not to damage soil quality.
Topsoils and subsoils will be stripped, stored and respread separately
from one another in accordance with the submitted scheme unless
otherwise agreed or modified by the mineral planning authority in
writing.
Reason: To ensure the site is satisfactorily restored.
No turf, topsoils or subsoils shall be removed from site.
Reason: All soils are required on site to ensure a satisfactory
restoration of the land.
Bunding shall not be carried out other than in accordance with the
approved scheme (as shown on approved plans S39/R3, R4, R5 and R6)
unless otherwise agreed in writing by the mineral planning authority.
Reason: In the interests of visual amenity and to ensure proper
restoration of the site.
There shall be no excavation or any other activity associated with the
implementation of the planning permission within one and a half
times the overhang of any tree.
Reason: To ensure no damage to existing trees during the course of
the operations.
There shall be no storage of any soils within three metres of any
tree and this distance shall be defined by a chestnut paling fence
or such other appropriate method as the mineral planning authority
may agree and this distance shall be maintained during the course
of the development.
Reason: To ensure no damage to existing trees during the course of
the operations.
With the exception of stripping, storing and respreading of soils
no machinery shall be operated or vehicles used except within areas
being worked, filled or restored or on the access road.
Reason: To protect the amenities of adjoining residents.
All bunds of topsoil and subsoil shall be evenly graded and seeded
with perrennial Italian dwarf rye grass seed or such other grass
seed mix as may be agreed by the mineral planning authority in the
first available planting season and shall be maintained to the
satisfaction of the mineral planning authority.
Reason: In the interests of visual amenity and to ensure the site is
satisfactorily restored.
The site shall be progressively reclaimed and maintained in accordance
with the scheme and plans submitted unless otherwise approved by
the mineral planning authority in writing.
Reason: To ensure proper restoration of the site.
Final levels of the reclaimed land are to be no higher than the
original ground levels as shown on approved plan No. S39/x5B, and
graded to prevent ponding of surface water.
Reason: To prevent the increased risk of flooding.
In the event of any tree dying or being seriously damaged or destroyed
as a result of the operations hereby approved, a new tree or
equivalent number of trees of a species approved by the mineral
planning authority shall be planted and maintained in a position
or positions approved by the mineral planning authority.
Reason: To ensure the protection of trees on the land and to preserve
the amenities of the locality.
A detailed scheme for landscaping and tree and/or shrub planting shall
be submitted to the mineral planning authority. It shall specify
the proportion of each tree and shrub species to be planted and their
general layout along with the contouring and surfacing of all open
space areas. Any scheme approved shall be carried out on a phased
basis in the first planting and seeding season following the
restoration of any area. All trees and shrubs shall be protected
by either spiral guards or tree/shrub shelters. Any trees or plants
which, within a period of 5 years from the date of planting, die, are
removed or become seriously damaged or diseased shall be replaced
in the next planting season with others of similar size and species
unless the mineral planning authority gives written consent to any
variation.
Reason: To improve the appearance of the site in the interests of
visual amenity.
Aftercare shall be carried out in accordance with an approved scheme
for a period of 5 years on each part of the restored area in accordance
with the approved scheme, beginning when restoration is completed
on any part of the site in accordance with conditions on this
permission. The scheme shall include provision of an annual site
meeting to discuss the detailed steps necessary on the restored land.
Reason: To ensure the restored land is correctly husbanded.
No later than 4 weeks before each annual meeting referred to in
Condition 37 which shall be held at an agreed time with the mineral
planning authority a detailed scheme for the aftercare shall be
submitted to the mineral planning authority. This scheme shall be
amended as necessary following the annual meeting and submitted for
approval to the mineral planning authority within 4 weeks of that
meeting. Any approved scheme shall be implemented in accordance
with the details and timescales of that approved scheme.
Reason: To bring the land to the standard required for amenity use.
No aggregates shall be imported to the site for any purpose whatsoever
unless otherwise agreed in writing by the mineral planning authority.
Reason: To minimise lorry traffic generation and the duration of
disturbance from the mineral working.
Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) Order 1995, or any order revoking
and re-enacting that order, no disposal of silt from the processing
plants shall take place except in locations and in accordance
with details previously agreed in writing by the mineral planning
authority.
Reason: To prevent pollution of the water environment.
One year from the date of this permission, a detailed ecological
survey of the proposed nature conservation area shall be undertaken
and submitted for approval in writing by the mineral planning authority.
Reason: To determine the ecological interest of the area in order
to assist in the preparation of a management plan.
Details of the layout and surfacing of proposed pathways and car parks
to be constructed in connection with the after use of the site shall
be submitted within 6 months of the date of this permission for
subsequent approval by the mineral planning authority in writing
and any pathways and car parks approved shall be laid out in
accordance with the approved scheme within 3 months of final
restoration of the site.
Reason: No details having been submitted, they are reserved for later
approval.
Prior to the use of the second plant site (as shown on approved plan
S39/R2), all items of mechanical plant and equipment shall be
acoustically enclosed in accordance with a scheme approved in writing
by the mineral planning authority.
Reason: In order to secure a reduction in the level of noise emanating
from the second plant site.
A method statement shall be submitted to the mineral planning authority
within 6 months of the date of this permission, giving details as
to how fuel spillages or other potentially polluting material
will be dealt with. Any statement that is approved shall be
implementated within one month of it being approved.
Reason: To prevent pollution of the water environment.
No material, other than clean, uncontaminated, wholly inert soil,
subsoil and other excavated natural material, arising as a consequence
of mineral extraction from the site, shall be used in the restoration
of the site.
Reason: To prevent pollution of the water environment.
No dewatering shall be undertaken except in accordance with details
to be submitted to and approved in writing by the mineral
planning authority prior to the commencement of dewatering.
Reason: To prevent derogation of existing domestic and groundwater
sources due to the lowering of groundwater levels by
dewatering.
Details of the type of pumping system to be used on site, and the
location of any pumping equipment, shall be submitted for approval
in writing by the mineral planning authority within 6 months of the
date of this permission.
Reason: To protect the amenities of adjoining residents.