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
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:
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
2 The
Square
Definition,
Commencement and Duration of Development
1. The
development hereby permitted shall be begun on or before
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Reason: In the interests of highway safety
in accordance with Policy 4/13 of the
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.