Decision No. C2/06/01616/CCC Amended

 

 

TOWN AND COUNTRY PLANNING ACT 1990

 

NORTH YORKSHIRE COUNTY COUNCIL

_____________________________________________________________

 

NOTICE OF DECISION OF PLANNING AUTHORITY ON APPLICATION FOR PERMISSION TO CARRY OUT DEVELOPMENT

 

TO: Tarmac Northern Ltd Charis Consultancy Ltd

Lingerfield 59 Fulmar Road

Scotton Lincoln

Knaresborough LN6 0LA

HG5 9JN

 

The above-named Council being the Planning Authority for the purposes of your application dated 04 July 2006 in respect of proposed development for the purposes of the extraction of sand and gravel, restoration and variation of Condition 2 of Planning Permission C2/92/500/53 at Ladybridge Farm, Moor Lane, Thornborough have considered your said application and have granted permission for the proposed development for the following reasons:

 

(i) The development accords with national objectives and policies for minerals planning as stated in Mineral Policy Statement 1 published by DCLG in November 2006.

(ii) The development accords with Policies 3/4 and 4/8 of the North Yorkshire Minerals Local Plan.

(iii) The development accords with the aims and objectives of the North Yorkshire Minerals Local Plan.

(iv) The proposed mitigation measures will protect archaeological interests.

(v) The development will maintain the County Council's landbank of permitted reserves and ensure adequate contribution to the region's aggregate requirements.

(vi) The imposition of appropriate conditions will further limit the impact of the development on the environment and residential amenity.

 

 

 

and subject to the following conditions:-

 

 

(See Attached Sheets)

 

 

 

 

 

Date: 23 October 2007 ...

Corporate Director, Business and Environmental Services

 

 

NOTE 1:-

In accordance with Regulation 3(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (EIA Regulations 1999) and Article 22(2) of the Town and Country Planning (General Development Procedure) Order 1995 notice is hereby given that the County Council, in determining the above application, has taken into consideration the accompanying Environmental Statement and other environmental information (as defined by Regulation 2 of the EIA Regulations 1999). Furthermore, in determining the application the County Council has taken into consideration the policies of the North Yorkshire Minerals Local Plan (1997) and all other material considerations.

 

NOTE 2:-

No consent, permission or approval hereby given absolves the applicant from the necessity of obtaining the approval, under the Building Regulations, of the District Council in whose area the site of the proposed development is situated; or of obtaining approval under any other byelaws, local acts, orders, regulations and statutory provisions in force; and no part of the proposed development should be commenced until such further approval has been obtained.

 

RIGHTS OF APPEAL

(1)          If the applicant is aggrieved by the decision of the local planning authority to refuse permission or approval for the proposed development, or to grant permission or approval subject to conditions, he/she may appeal to the Secretary of State for the Environment in accordance with Section 78 of the Town and Country Planning Act 1990, within six months of the date of this notice. The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the local planning authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements (including reference to office and industrial development) to the provisions of the development order, and to any directions given under the order.

 

(2)          If permission to develop land is refused or granted subject to conditions, whether by the local planning authority or by the Secretary of State for the Environment, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he/she may serve on the Council of the county district in which the land is situated, a purchase notice requiring that Council to purchase his/her interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

 

Note:- If an aggrieved applicant wishes to exercise his/her right of appeal as above mentioned, he/she should do so on the appropriate form obtainable from:-

The Planning Inspectorate

Temple Quay House

2 The Square

Temple Quay

BRISTOL BS1 6PN

 

 

Definition, Commencement and Duration of Development

 

1. The development hereby permitted shall be begun on or before 22 October 2010. Written notification of the date of commencement shall be forwarded to the County Planning Authority within seven days of the commencement.

 

Reason : In pursuance of Section 91 of the Town and Country Planning Act 1990

 

2. The permission hereby granted in respect of mineral extraction and processing is valid only until 31 October 2014 and the mineral extraction and processing operations hereby approved shall be discontinued and the land shall be restored in accordance with conditions numbered 7, 8, 34 and 35 before 31 October 2014.

 

Reason: To reserve the rights of control by the County Planning Authority to ensure restoration of the land with the minimum of delay in the interests of amenity in accordance with Policy 4/1 of the North Yorkshire Minerals Local Plan.

 

3. The development hereby permitted shall be carried out in accordance with the application details and supporting Environmental Statement dated 4 July 2006 and in accordance with such other details as may be subsequently approved in writing by the County Planning Authority.

 

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details and in accordance with Policy 4/1 of the North Yorkshire Minerals Local Plan.

 

Phasing of Extraction

 

4. The removal of existing quarry plant, buildings, associated structures and stockpiles of minerals and the extraction of sand and gravel from beneath the existing plant shall take place in accordance with details specified in part 5 of the planning application reference C2/92/500/53 dated 29 May 1991 or in accordance with such other details as may be subsequently approved in writing by the County Planning Authority.

 

Reason: To ensure early restoration of the existing plant site in accordance with Policies 4/1 and 4/14 of the North Yorkshire Minerals Local Plan.

 

5. The mineral extraction hereby permitted shall take place only in accordance with the phasing arrangements indicated on Drawing L93/10C unless otherwise approved in writing by the County Planning Authority.

 

Reason: To secure an orderly and progressive pattern of working and restoration of the site in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 


6. Unless otherwise agreed in writing with the County Planning Authority, following the removal of sand and gravel from beneath the existing quarry plant the haul road linking the existing plant site and Thornfield Road and the access points to Green Lane and Thornfield Road shall be removed and the land restored to a condition suitable for agricultural use, in accordance with details to be submitted for the written approval of the County Planning Authority.

 

Reason: In the interest of amenity in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 

Detailed Working and Restoration Schemes

 

7. Prior to commencement of extraction in each phase a detailed scheme of working and restoration shall be submitted to and approved in writing by the County Planning Authority. Such scheme shall give details of:

 

Soil Handling

 

(i) Timing, phasing and method of stripping of topsoils and subsoils

(ii) Location, height and treatment of soil storage mounds

(iii) Depth of topsoils and subsoils to be separately stripped

(iv) Measures to be taken to prevent soil smearing during stripping, handling, storage or replacement

 

Working Programme

 

(v) Extent, depth and direction of working

(vi) Phasing of dry/wet extraction and specification of excavation plant

(vii) Retention of unexcavated margins and height and slope of working phases

(viii) Erosion control measures

 

Agricultural Restoration

 

(ix) Timing, phasing and method of replacement of subsoils and topsoils including depth of restoration soil layers

 

Nature Conservation Restoration

 

(x) Location of shoreline to include promontories, bays and islands

(xi) Shoreline treatment to include gradients of water margins and specification for planting, soil/shingle covering

(xii) Retention and protection of peat soils

 

Thereafter working and restoration shall take place in accordance with the approved details.

 

Reason: To secure an orderly and progressive pattern of working and a high standard of restoration in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 

Annual Review Meeting

 

8. Every 12 months from the date of this permission or at such other time as may be agreed in writing with the County Planning Authority a review of the previous year's landscaping, working, restoration and aftercare shall be carried out in conjunction with a representative of the County Planning Authority. The review shall take account of any departure from approved schemes and revised schemes shall be submitted to the County Planning Authority for approval providing for the taking of such steps as may be necessary to continue the satisfactory landscaping, working, restoration and aftercare of the site including the replacement of any tree or shrub which may have died, been removed or become seriously damaged. Thereafter all such work shall be carried out in accordance with the approved schemes.

 

Reason: To secure an orderly and progressive pattern of working and restoration of the site in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 

Wheelwashing Precautions

 

9. Precautions, including if necessary the provision of wheel cleaning facilities, shall be taken and maintained to ensure that all vehicles leaving the site are in a clean condition, such that no dirt and/or mud are deposited on the public highway by vehicles travelling from the site.

 

Reason: In the interests of highway safety and safeguarding the local environment in accordance with Policies 4/13 and 4/14 of the North Yorkshire Minerals Local Plan.

 

Archaeology

 

10. No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation submitted by the applicant and approved by the County Planning Authority.

 

Reason: The site is of national archaeological importance and in accordance with guidance in Planning Policy Guidance Note 16 (PPG16): Archaeology and Planning 1990.

 

Protection of soils

 

11. No topsoil, subsoil or overburden shall be removed from the site and all such materials shall be utilised in the restoration of the site in accordance with restoration schemes requires by condition 7.

 

12. Except with the prior written approval of the County Planning Authority, no stripping, movement, replacement of topsoil or subsoil shall be carried out during the months of October, November, December, January, February or March.

 

 

13. Notwithstanding the requirements of condition 12 above the stripping, movement, replacement or cultivation of topsoil and subsoil shall only be carried out when the soils are sufficiently dry and friable to avoid soil smearing and compaction.

 

14. Topsoil and subsoil shall be stored separately from each other in such locations as shall first be approved in writing by the County Planning Authority.

 

15. Restoration to agricultural purposes of those areas identified in the application shall take place in accordance with the specification as set out by DEFRA in the letter dated 16 August 2006.

 

Reason (11 - 15); To protect soil resources in the interests of achieving a good standard of agricultural restoration in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 

Ground and surface water monitoring

 

16. Prior to commencement of development, a detailed scheme for the continued monitoring of the groundwater and surface water shall be submitted and approved in writing by the County Planning Authority. Thereafter, monitoring of the ground and surface waters shall be undertaken according to the approved scheme.

 

Reason: For the protection of the water environment in accordance with Policy 4/10 of the North Yorkshire Minerals Local Plan.

 

17. In the event that monitoring indicates adverse effects on nearby controlled waters, including Ings Goit and St Michael's Well at Well, a scheme for remedial measures to protect the effected location or locations shall be submitted to and approved by the County Planning Authority. Thereafter the remedial measures shall be implemented in accordance with the approved scheme.

 

Reason: For the protection of the water environment in accordance with Policy 4/10 of the North Yorkshire Minerals Local Plan.

 

18. No de-watering shall take place unless specifically by prior written approval from the County Planning Authority.

 

Reason: For the protection of the water environment in accordance with Policy 4/10 of the North Yorkshire Minerals Local Plan.

 

19. No development which would constitute a permanent obstruction, including buildings, fences, trees, hedges shall take place within a 9 metre standoff measured from the drain bank top of the Ings Goit.

 

Reason: For the protection of surface water drainage in accordance with Policy 4/10 of the North Yorkshire Minerals Local Plan.

 

 

 

20. There shall be no storage of any materials including soil within that part of the site liable to flood as shown within the Agency Flood Zones on the Flood Map.

 

Reason: To ensure that there will be no increased risk of flooding to other land/properties due to impedance of flood flows and/or reduction of flood storage capacity in accordance with advice from the Environment Agency.

 

21. Flood warning notices shall be erected in numbers, positions and with wording all to be agreed with the County Planning Authority. The notices shall be kept legible and clear of obstruction.

 

Reason: To ensure that owners and occupiers of premises are aware that the land is at risk of flooding in accordance with advice from the Environment Agency.

 

Mineral Extraction Operations

 

22. Transport of mineral within the site shall take place in accordance with the application details or in accordance with such other details as may be subsequently approved in writing by the County Planning Authority.

 

23. Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (or any other Order revoking or re-enacting that Order) no plant or building shall be erected except as provided in the development hereby permitted, unless specifically approved in writing by the County Planning Authority.

 

24. Stockpiles shall not exceed the levels specified in the application details unless otherwise approved in writing by the County Planning Authority.

 

25. No material shall be brought onto the site for processing, stockpiling or merchanting or any other purposes unless specifically approved in writing by the County Planning Authority.

 

Reason: (22 25) To ensure minimum disturbance from operations and avoidance of nuisance to the local community in accordance with Policy 4/14 of the North Yorkshire Minerals Local Plan.

 

Hours of Working

 

26. Except with the prior written approval of the County Planning Authority no quarrying or association operations other than essential repair and maintenance shall take place except between the following times:-

0700 - 1800 hours Monday to Friday

0700 - 1200 hours Saturday

 

Except with the prior written approval of the County Planning Authority no transport of mineral shall take place except between the following times:-

0630 1800 hours Monday to Friday

0630 1200 hours Saturday

 

Except with the prior written approval of the County Planning Authority no quarrying or associated operations other than essential repair and maintenance, and no transport of mineral from the site shall take place on Sundays or Bank Holidays.

 

Reason: To ensure minimum disturbance from operations and avoidance of nuisance to the local community in accordance with Policy 4/14 of the North Yorkshire Minerals Local Plan.

 

Noise

 

27. The equivalent continuous noise level due to operations at the quarry shall not exceed 55dB(A) measured as LAeqT (1 hour) in a free field at any point on the boundaries of Ladybridge Farm and not exceed the background noise level LA90 by more than 10dB(A) at any other residential premises in the vicinity.

 

28. Within seven days of receiving written notice from the County Planning Authority such noise monitoring as may be required by the County Planning Authority to assess compliance with the limit specified in above condition shall be undertaken. If the specified limit is exceeded operations shall be modified to ensure compliance with the specified limit,

 

29. All plant machinery and vehicles on any part of the site shall be properly maintained and fitted with effective silencing equipment.

 

30. Temporary operations such as soil stripping, construction of screen bunds and final restoration shall be excluded from the above condition, but shall only proceed with the prior written approval of the County Planning Authority and under no circumstances exceed 70dB LAeq for 8 weeks in any 52 week period.

 

Reason (27 - 30): To minimise the adverse impact of noise generated by operations in the interests of amenity in accordance with Policy 4/14 of the North Yorkshire Minerals Local Plan.

 

Dust

 

31. Dust control measures shall be employed to minimise emission of dust from the site. A visual assessment shall be made at commencement of daily operations and at intervals during the day when appropriate. A daily log of assessments and necessary remedial measures shall be kept at the weighbridge office and made available to the County Planning Authority upon written request. Remedial measures shall include the spraying of roadways, hard surfaces and stockpiles and discontinuance of soil movements during periods of high winds.

 

32. All loaded lorries leaving the site shall be sheeted.

 

Reason (31 and 32): To minimise the adverse impact of dust generated by operations in the interests of amenity in accordance with Policy 4/14 of the North Yorkshire Minerals Local Plan.

 

Landscaping

 

33. All landscaping works, including advanced tree and shrub planting at the site shall be undertaken in accordance with the details and specifications set out in the Detailed Restoration Strategy (Appendix1 Environmental Statement) dated July 2006 as may be amended by schemes submitted in accordance with condition 7. Such works shall provide for the protection and maintenance of trees and hedgerows as specified. Habitat creation and restoration planting shall be progressed in accordance with approved schemes. Thereafter, all landscaping and planting shall be subject to management and maintenance on an annual basis.

 

Reason: To improve the appearance of the site in the interests of visual amenity and nature conservation in accordance with Policy 4/1 of the North Yorkshire Minerals Local Plan.

 

Restoration and Aftercare

 

34. In the event that mineral extraction is temporarily suspended for a period exceeding one year, then within 14 months from suspension of mineral extraction an interim restoration scheme and timetable for its completion shall be submitted for approval to the County Planning Authority. Restoration shall then take place in accordance with the approved details.

 

Reason): To ensure full restoration of the site in accordance with Policy 4/1 of the North Yorkshire Minerals Local Plan.

 

35. Prior to the completion of mineral extraction within each phase a scheme of aftercare shall be submitted to the County Planning Authority specifying the steps to be taken in accordance with the requirements, as set out by DEFRA in the letter dated 16 August 2006, to restore the site to a condition suitable for use for agriculture and amenity purposes. Upon completion of restoration within each phase the programme of aftercare shall be implemented in accordance with the approved schemes and with such other details as may subsequently be agreed in writing with the County Planning Authority. The period of aftercare shall be five years.

 

Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure restoration of the land to the standard required for agriculture and amenity purposes in accordance with Policies 4/1 and 4/18 of the North Yorkshire Minerals Local Plan.

 

Provision of Visibility Splays

 

36. The haul road crossing of Moor Lane shall not be brought into use until details of the visibility splays along Moor Lane have been submitted to, and approved in writing by the County Planning Authority and set out in accordance with the approved details.

 

Reason: In the interests of highway safety in accordance with Policy 4/13 of the North Yorkshire Minerals Local Plan.

 

Display of Conditions

 

37. The terms of this planning permission and any scheme or details approved pursuant thereto shall be displayed at the office on the site, and shall be made known to any person(s) given responsibility for the management or control of operations.

 

Reason: To enable easy reference to the requirements of this permission.