Planning Services COMMITTEE REPORT - November 2017democracy.durham.gov.uk/documents/s13228/011111-CountyPlanning... · of conditions relating to sand and gravel extraction 2. ...

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COMMITTEE REPORT

AGENDA ITEM NUMBER:

APPLICATION DETAILS

APPLICATION NO: MRA/6/9 CMA/6/28 (6/2006/0186CM)

FULL APPLICATION DESCRIPTION:

1. Environment Act 1995 Review of Old Mineral Planning Permissions - Application for determination of conditions relating to sand and gravel extraction

2. Proposed concrete batching plant

NAME OF APPLICANT: Hall Construction Services Ltd

ADDRESS: Hummerbeck, West Auckland

ELECTORAL DIVISION:

Evenwood

CASE OFFICER:

Claire Teasdale Principal Planning Officer Strategic Team Tel. 0191 383 4101 [email protected]

DESCRIPTION OF THE SITE AND PROPOSALS

The site 1 The Hummerbeck site is located approximately 330 m to the south east of West

Auckland and some 170m to the south of St Helen Auckland. The land is generally flat at approximately 100m AOD across the whole site but rises steeply to the south to 105 AOD. The land is in agricultural use, being mainly rough grazing for horses and cattle with two fields producing arable crops. The northern boundary of the site is bordered by the River Gaunless. The West Auckland Bypass forms the western boundary to the site with an industrial estate and green fields beyond. Agricultural land borders the southern and eastern boundaries. The Hummer Beck flows between the proposed extraction areas to join the River Gaunless. The Stockton and Darlington Railway, a Scheduled Ancient Monument (SAM) runs through the site to the north.

2 The site lies in the floodplain of the River Gaunless and the Hummer Beck with parts

of the extraction areas falling within Flood Zones 2 and 3. The ‘Fylands’ River Gaunless Local Wildlife Site lies some 116m to the north east and Brusselton Wood Local Wildlife Site to the south east lies some 500m from the closest point. There are a number of footpaths and bridleways within and in the vicinity of the site and Bridleway No. 12 (Etherley Parish) runs along the length of the Burnshouse Lane which is also the intended access to the site. There are individual properties within 10m and 170m of the proposed areas of working in addition to properties at the entrance to the site off the A68.

The proposals 3 Two planning applications have been submitted, one relating the submission of new

working and restoration conditions under the Environment Act 1995 for the extraction of 670,000 tonnes of sand and gravel from 19 ha of mainly agricultural land at Hummerbeck, over an 8 year period. The second planning application relates to a proposed concrete batching plant at the same site.

4 The application under the Environment Act 1995 (the Review application) is

accompanied by an Environmental Statement (ES). This report has taken into account the information contained in the ES (including amended details) and that arising from statutory consultations and other responses. The Review application is being reported to the County Planning Committee because it involves major minerals development. The concrete batching plant application is related to the Review application.

Submission under the Environment Act 1995 5 The Environment Act 1995 introduced significant new requirements for an initial

review and updating of mineral planning permissions granted between 1948 and 1982, and the periodic review of all extant mineral permissions at 15 year intervals. The review process, which is similar to that previously adopted for older Interim Development Order (IDO) permissions, takes the form of a submission for consideration by the mineral planning authority of a new and updated scheme of conditions, usually incorporating a reviewed scheme of working, restoration, and aftercare, as appropriate. Once a scheme is determined it has the effect of imposing new conditions for the future working of an existing minerals development for which planning permission has already been granted.

6 Planning permission was originally granted for the quarrying of extraction of sand and

gravel on land within the Hummerbeck area near West Auckland in 1969. A further planning permission was granted on appeal in 1979 for the proposed extraction of sand and gravel at Broom Mill and Hummerbeck Farms that also provides for the construction of a new access to the A68. Both planning permissions permit the importation of waste materials for restoration purposes. Planning permissions at the site extend to 2042 and cover an area of approximately 40.86ha.

7 The extraction of 278 tonnes of sand and gravel took place in 1984 and has not been

worked since. The site was registered as a dormant site under the Environment Act 1995. This means that working cannot recommence until a new set of planning conditions has been agreed. The determination will have the effect of imposing new conditions for the future working of an existing minerals development for which planning permission has already been granted.

8 A new scheme of conditions was submitted by Hall Construction Services in April 2006, accompanied by an Environmental Statement (ownership of the site is with a number of other individuals). The applicant was informed that the Council was unable to determine the application until additional information was submitted and the determination period was suspended. In July 2009 a revised planning application and ES were submitted. In the intervening period the West Auckland Bypass was constructed and as result the proposed working area was reduced. Following further consultations a further request for additional information was made in October 2009 and this was submitted in June 2011. Further queries have since been raised and resolved to some degrees with the applicant and consultees. The applicant is unwilling to agree to a further extension of time to determine the scheme of conditions. If no further extension of time is agreed then the developer’s conditions come into force by default.

9 Nevertheless, the information submitted in support of the application has been

assessed. This report has had regard to the environmental information contained in the ES and arising from statutory consultations on both applications. Discussions about the scope and content of the proposed conditions have taken place and the conditions attached to this report, based on the Council’s standard format, have been agreed in part but the applicant is unwilling to agree conditions proposed by the Council’s Archaeological advisor as he considers that this will affect the economic viability of the site beyond what he considers to be acceptable. The intended conditions address the following matters: access, traffic, environmental protection (noise, dust and blasting), restoration and aftercare.

Concrete batching plant 10 In conjunction with the review of existing permissions, the site operator seeks

planning permission for a dry concrete batching plant installation. The batching plant would be located in the south western corner of the proposed site support and processing area (Area 8), currently used for agriculture. Concrete would be produced using sand and gravel from the site, imported cement and water. As the mineral requirement for the plant would be supplied from the adjacent site the only extra vehicles would be cement deliveries, these being 2 to 3 deliveries per week being delivered in bulk cement carriers. Water associated with the development would be directed to the settling pond system associated with the extraction operation. There should be no significant waste from the plant as mixing will take place within the concrete truck. Dust would be suppressed by the use of a mobile tractor/bower spraying water vapour as required.

11 The batching plant proposed would have a maximum output capacity of 80m3 per

hour. The plant would be fed by a loading shovel and would produce approximately 140 tonnes of material. A 40m3 capacity cement silo (holding approximately 50 tonnes of cement) is also proposed and would be fitted with the required air blast filtration and safety features. Although the capacity of the silo is large, indicative details of the batching plant were submitted with the application along showing two silos with a maximum height of 6.4m. The applicant has since stated that the plant would comprise one silo (for cement storage), two feed silos (for aggregate storage) with aggregate hoppers. The cement storage silo would not exceed 16.6 m in height, the aggregate storage silos would not exceed 4.5m with the remainder of the plant measuring 6 m by 19.5 m. The applicant acknowledges that these would be maximum dimensions and a smaller plant would be more likely. The plant would be coloured green. Should planning permission be granted precise details of the concrete batching plant to be utilised would be required through condition with dimensions being no greater than those shown on the specifications provided with the application. It is intended that the plant would be removed prior to the working of the site support and processing area (Area 8).

Proposed scheme of working 12 The mineral extraction proposals relates to the extraction of approximately 670,000

tonnes of sand and gravel (approximately 100 to 120,000 tonnes per year), from agricultural land over an 8 year progressive working and restoration period with final restoration some 6 months following the cessation of extraction. A 5 year statutory aftercare period would follow. This would enable the land to be progressively worked and restored prior to the permitted time limit of February 2042 and this would be secured through condition.

Preparatory works 13 Preliminary operations would involve the upgrading of the proposed access along with

the construction of a new junction with the A68 and the creation of passing places; fencing; the establishment of the site support and processing area (Area 8) along with the overburden storage area (Area 7); the construction of an internal haul road in order to transport the extracted mineral to the processing plant (this will necessitate the crossing of the former Stockton and Darlington Railway SAM) the stripped topsoil and subsoil would be used in the formation of screening bunds around Broom Mill Farm. Details would be required through condition.

14 The site support/processing area would be established in the north eastern part of the

site to the south of SAM. This area would comprise the concrete batching plant and associated mobile washing, screening and crushing plant (combined dimensions of 32m by 10.5m and 10m in height) incorporating a conveyor belt taking the extracted material through a series of crushing, screening and washing before the material is deposited into stockpiles of sand and other waste materials. Also included in this area would be a portable office and canteen (approximately 3m by 12m and 3m in height), a steel container for use as an equipment store (approximately 2.5m by 6.5m and 3m in height), weighbridge, wheel wash and settling pond. Lighting would be fixed to site cabins for health and safety purposes but it is not required for the sand and gravel operation. Details of buildings, plant and machinery and lighting would be required through condition.

Soil stripping 15 Soil stripping to facilitate the removal of the sand and gravel would take place in each

of the working areas using bulldozer, hydraulic excavator and dump trucks when the soils are in a dry friable condition. The site would be progressively restored and in order to limit the amount of land that is disturbed at any one time. Stripped soils would either be used in the creation of screening mounds or be temporarily stored within the operational area before being used in restoration. 3.5m and 3m high topsoil mounds and 5m high subsoil mounds would be constructed in locations around Broom Hill Farm, the proposed overburden storage area and support area. The mounds would be seeded and kept free of weeds.

Sand and gravel extraction 16 8 areas of working are proposed, each between 0.24 ha and 5.80 ha in area with an

operation period of between 3 and 36 months. Following soil stripping overburden would be removed and stored in the overburden storage area (to a maximum height of 7m) or used directly in restoration.

17 Extraction would take place in numerical order commencing with extraction to the east of the West Auckland Bypass. Overburden will be stored in Area 7 to a maximum height of 7m. The direction of working for each of the phases varies. Areas 1 and 3 to be worked in a southerly direction, 2 in a north easterly direction, 7 and 8 in an easterly direction, 4 in a westerly direction and 5 and 6 in a north westerly direction. The majority of reserves are below the water table so wet working techniques would be required for mineral extraction, but this will depend on the season during which the material is extracted. Sand and gravel would be removed by excavator to a maximum depth of 5.9m with working in a general east to west direction. Working and restoration of the site will take place in accordance with a series of schemes to be agreed prior to the commencement of development in each area.

18 Sand and gravel would be loaded into a dump truck and transported to the processing

area within the site support and processing area for processing (washing, screening and crushing) prior to exportation from site. Unprocessed materials would be stored up to a maximum height of 4m and processed material up to 6m. The site support/processing area (phase 8) will be the final phase to be worked as a result unprocessed material may be exported.

Working hours 19 The proposed working hours for all site operations (including the concrete batching

plant) are 07:00 – 19:00 Monday to Friday, 07:00 – 13:00 Saturday with no working on Sundays or Public/Bank Holidays. Only emergency maintenance work in relation to any plant, vehicles or machinery on the site and operations required for continuous site drainage would take place outside of these hours.

Traffic and access 20 The permitted site access is from the A68 along Burnshouse Lane, which also

provides access to a number of residential properties. It is proposed that Burnshouse Lane is upgraded and four passing places are proposed as well as an upgrade to the junction with the A68.

21 62 (31 in/ 31 out) HGV movements per working day are anticipated comprising 44

vehicle movements associated with sand and gravel extraction and 18 vehicles associated with the import of inert waste. It is estimated that there would be no more than 6 vehicle movements per week associated with the delivery of cement to the batching plant and a similar number exporting the resulting product. Through condition the applicant proposes a maximum daily vehicle movements of 160 (80 in/80 out) per day Monday to Friday, 80 (40 in/40 out) per day Saturday subject to an average of 124 (62 in/62 out) from the site between Monday and Saturday within any three month calendar period. It is expected that lorries would turn onto the A68 and travel north or south depending on the market.

Restoration 22 The restored landform would be formed by the extraction areas filling with water

forming ponds and the backfilling of overburden and soils. Like the existing landform the restored would be low lying and tie in with the surrounding land. The restoration proposals seek to enhance the quality and ecological interest in the site and with the wetland habitat creation provide a habitat for species of birds that are in decline in the area. The proposed land use is a mixture of agriculture, grassland, nature conservation and flood alleviation through the creation of ponds in the northern and central parts of the site. The detailed proposals involve the creation of agriculture, grassland, wet woodland, and water features. The site would also be subject to the statutory 5 years aftercare requirement.

Benefits 23 Apart from environmental enhancements associated with restoration of the site, 4 to

10 people would be employed at the site during the various stages of the development. Contract hauliers and maintenance staff would be required. The proposal is likely to have indirect effects on the local economy arising from the purchase of goods and services by the workforce and the Company.

PLANNING HISTORY

24 There is a history of coal working in the area with collieries at Backsandsides Farm (Brusstleton and Ladysmith Colliery), Hummerbeck Farm (Hummerbeck Colliery) and Brusselton (Brussleton Tower Colliery and Haggs Lane Colliery).

25 Planning permission was originally granted for the quarrying and extraction of sand and gravel on land within the Hummerbeck area near West Auckland in 1969. A further planning permission was granted on appeal in 1979 for the proposed extraction of sand and gravel at Broom Mill and Hummerbeck Farms. Bother permissions permit restoration through landfill. The planning permissions are extant until 2042.

26 Details for the working of the 1979 site were agreed by the County Council in 1980

which relied upon the importation of infill material from the then National Coal Board and/or reclamation works proposed at Fishburn along with other local sources (covered by legal agreement). Revised restoration details were agreed in 1995 which provided alternative schemes dependent on the availability of suitable fill materials. A legal agreement was entered into to provide safeguards for the line of the proposed West Auckland Bypass. The agreement also included provisions relating to landfill gas and leachate control associated with the proposed tipping operation. The issues covered by the legal agreement are no longer relevant. No further extraction took place. There are historic records of a landfill site in the vicinity of Banksandsides Farm, although a waste management licence was issued in anticipation of the working and restoration of the site no further working occurred.

PLANNING POLICY

NATIONAL POLICY:

27 Planning Policy Statement 1: Delivering Sustainable Development (PPS1) sets out the Governments overarching planning policies on the delivery of sustainable development through the planning system.

28 Planning Policy Statement 5: Planning for the Historic Environment (PPS5) sets out

the Government's planning policies on the conservation of the historic environment. In considering applications, LPA’s should take into account the effect of an application on the significance of heritage assets. There should be a presumption in favour of the conservation of designated heritage assets. LPA’s should treat applications favourably where they preserve elements of the setting that contribute to the significance. Opportunities should be identified that enhance / improve setting or significance.

29 Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS9) sets

out planning policies on protection of biodiversity and geological conservation including sites designated for their geology and or geomorphological importance.

30 Planning Policy Statement 10: Planning for Sustainable Waste Management sets out

the Government's policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK.

31 Planning Policy Statement 23: Planning and Pollution Control (PPS23) is intended to

complement the pollution control framework under the Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control (England and Wales) Regulations 2000.

32 Planning Policy Statement 25: Development and Flood Risk (PPS25) sets out

Government policy on development and flood risk. Its seeks to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing flood risk overall. PPS25 advises that sand and gravel working are water compatible development and is compatible in flood zones 1, 2, 3a and 3b.

33 Planning Policy Guidance Note 13: Transport (PPG13) sets out objectives to integrate

planning and transport at the national, regional, strategic and local level and to promote more sustainable transport choices both for carrying people and for moving freight. General support is given for moving heavy freight by rail rather than road.

34 Mineral Policy Statement 1: Planning and Minerals (MPS1) is the overarching policy

document for mineral planning in England. MPS1 seeks to secure the adequate and steady supply of minerals that are needed by society and the economy whilst ensuring the environment and amenity of local communities are adequately protected. National objectives include the promotion of sustainable transport of minerals by rail, sea or inland waterways, to secure adequate and steady supplies of minerals needed by society and the economy within the limits set by the environment, assessed through sustainability appraisal, without irreversible damage; to protect and seek to enhance the overall quality of the environment once extraction has ceased, through high standards of restoration, and to safeguard the long-term potential of land for a wide range of after-uses.

35 Minerals Policy Statement 2: Controlling and mitigating the environmental effects of

mineral extraction in England (MPS2) sets out the considerations that mineral planning authorities should have regard to when preparing development plans and in dealing with applications. It also provides guidance on detailed issues including noise and dust associated with mineral developments.

36 Minerals Planning Guidance Note 2: Applications, permissions and conditions

(MPG2) provides advice on those aspects of the development control system of particular relevance to minerals and on the preparation and determination of individual planning applications.

37 Minerals Planning Guidance Note 5: Stability in surface mineral workings and tips

(MPG5) provides advice on the exercise of planning control with respect to stability in surface mineral workings and tips and on good practice in the design, assessment and inspection of excavated slopes and tips.

38 Minerals Planning Guidance Note 7: The Reclamation of Mineral Workings

(MPG7) deals with policies, consultations and conditions which are relevant to achieving effective reclamation of mineral workings.

39 Minerals Planning Guidance 14: Act 1995 - Review of Mineral Planning Permissions (MPG14) gives advice to mineral planning authorities and the minerals industry on the statutory procedures to be followed and the approach to be adopted to the preparation and consideration of updated planning conditions in the review process.

REGIONAL POLICY:

40 The North East of England Plan - Regional Spatial Strategy to 2021 (RSS) July 2008, sets out the broad spatial development strategy for the North East region for the period of 2004 to 2021. The RSS sets out the region's housing provision and the priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal. Some policies have an end date of 2021 but the overall vision, strategy, and general policies will guide development over a longer timescale. The overall objective for minerals policy in the Region, as set out in RSS, is to ensure the prudent use of the Region’s indigenous natural resources in line with sustainable development objectives.

41 In July 2010 the Local Government Secretary signalled his intention to revoke

Regional Spatial Strategies with immediate effect, and that this was to be treated as a material consideration in subsequent planning decisions. This position was challenged through the courts and the Court of Appeal ruled in May 2011 that the proposed abolition of Regional Spatial Strategies can be regarded as a material consideration when deciding planning applications. The following policies are considered relevant.

42 RSS Policy 11 – Rural Areas – planning proposals should support the development of a vibrant rural economy that makes a positive contribution to regional prosperity, whilst protecting the Region’s environmental assets from inappropriate development.

43 RSS Policy 31 – Landscape Character – planning proposals should have regard to

landscape character assessments to justify the retention or creation of any local landscape designations and assist in the targeting landscape restoration and environmental improvement schemes.

44 RSS Policy 32 – Historic Environment – planning proposals should seek to conserve

and enhance the historic environment by clearly identifying and assessing the significant of any heritage assets and their vulnerability to change, seeking to preserve in situ nationally important archaeological sites and other remains of regional/local importance.

45 RSS Policy 33 – Biodiversity and Geodiversity – planning proposals should ensure

that the Region’s ecological and geological resources are protected and enhanced to return key biodiversity resources to viable levels by continuing to promote the protection and enhancement of internationally and nationally important sites and species. Developing habitat creation/restoration projects are also mentioned.

46 RSS Policy 35 – Flood Risk – requires consideration to be given to the flood risk

implications of development proposals adopting the sequential risk based approach set out in PPS25.

47 RSS Policy 37 – Air Quality – states that planning proposals should contribute to

sustaining the current downward trend in air pollution in the region; consider the potential effects of new developments and increased traffic levels on air quality and their impacts on internationally designated nature conservation sites and adopt mitigation measures to address these impacts.

48 RSS Policy 42 – Overall Minerals Strategy – states that the planning system should ensure that land is made available to provide an appropriate contribution to local, regional and national needs for minerals. It also seeks to deliver effective environmental management of mineral extraction; high quality restoration and aftercare; and appropriate beneficial after uses.

49 RSS Policy 43 – Aggregate Minerals Provision – requires that the planning system

should make provision to maintain a landbank of planning permissions for primary aggregates which is sufficient to deliver 26.25 million tonnes of sand and gravel and 156 million tonnes of crushed rock over the period 2001-2021. County Durham has a sub regional apportionment of 8 million tonnes of sand and gravel and 99.5 million tonnes of crushed rock over the period. Policy 43 replaces County Durham Minerals Local Plan Policy M2 which specified a previous regional apportionment. In considering need on future planning applications, the Council will now need to have regard to new ‘National and Local Guidelines for Aggregates Provision in England 2005 to 2020’ published September 2011. The Governments new guidelines require County Durham to make provision for 5 million tonnes of sand and gravel over the 16 year period to 2020, (equivalent to 6,562,500 tonnes over a similar 21 year period). In considering need on future planning applications, the Council will now need to have regard to new ‘National and Local Guidelines for Aggregates Provision in England 2005 to 2020’ published September 2011. The Government’s new guidelines require County Durham to make provision for 5 million tonnes of sand and gravel over the 16 year period to 2020 (equivalent to 6,562,500 tonnes over a similar 21 year period).

50 RSS Policy 45 – Sustainable Waste Management – is concerned with sustainable

waste management and says amongst other matters that strategies, plans and programmes, and planning proposals should give priority to initiatives that encourage behavioural change through, for example, developing and implementing waste minimisation plans and schemes and developing re-use schemes.

LOCAL PLAN POLICY: COUNTY DURHAM MINERALS LOCAL PLAN (DECEMBER 2000) [MLP] POLICY:

51 Policy M1 – Maintenance of landbanks – sets landbanks of permitted reserves to be maintained during the Plan period up to 2006 including those for sand and gravel (at least 7 years) and crushed rock (at least 10 years). Although the Plan period ended in 2006 this saved policy is in line with national policy as set out in MPS1.

52 Policy M6 – Areas of search for sand and gravel – permits sand and gravel extraction

in areas of search identified on the proposals map subject to certain criteria. An 80ha area of search is identified to the north east of the permitted area at Hummerbeck.

53 Policy M12 – Proposals outside identified areas – specifies that outside areas of

search and designated landscape areas proposals for mineral extraction will only be permitted where one or more criteria applies including need, extraction in advance of other development and extensions to existing mineral workings.

54 Policy M24 – Local landscapes – requires that the scale of any adverse effects on local landscape character from minerals development is kept to an acceptable minimum and conserves as far as possible important features of the local landscape. It also requires that restoration schemes have regard to the quality of the local landscape and provide landscape improvements where appropriate.

55 Policy M29 – Conservation of nature conservation value – requires all proposals for minerals development to incorporate appropriate measures to ensure any adverse impact on the nature conservation interest of the area is minimised.

56 Policy M31 – Archaeological field evaluation – relates to archaeology and the need for

archaeological field evaluation prior to the determination of planning permission where there is reason to believe that important archaeological remains may exist.

57 Policy M35 – Recreational areas and public rights of way – aims to prevent

development that would have an unacceptable impact on the recreational value of the countryside unless there is a need for the mineral which cannot be met from suitable alternative sites or sources. It also requires adequate arrangements for the continued use of public rights of way both during and after mineral development, either by means of existing or diverted routes.

58 Policy M36 – Protecting local amenity – requires the incorporation of suitable mitigation measures to ensure potentially harmful impacts from pollution by noise, vibration, dust and mud, visual intrusion, traffic and transport, subsidence, landslip and gaseous emissions are reduced to an acceptable level.

59 Policy M37 – Stand off distances – seeks to prevent mineral development within

250m (500m where operations involve blasting) of a group of 10 or more dwellings unless it is demonstrated that residential amenity can be protected from the adverse impacts of mineral working.

60 Policy M38 – Water resources – states that if a proposal for mineral development

would affect the supply of, or cause contamination to, underground, or surface waters, it should not be permitted unless measures are carried out as part of the development to mitigate those impacts throughout the working life of the site and following final restoration.

61 Policy M42 – Road traffic – states that mineral development will only be permitted

where the traffic generated can be accommodated safely and conveniently on the highway network and the impact of traffic generated by the development on local and recreational amenity is otherwise acceptable.

62 Policy M43 – Minimising traffic impacts – requires that planning conditions should be

imposed, and planning obligations or other legal agreements sought, to cover a range of matters such as routeing of traffic to and from the site, highway improvements or maintenance, prevention of the transfer of mud and dirt onto the public highway and operating hours of lorry traffic to and from the site.

63 Policies M46 and M47 – Restoration conditions and after uses – provide advice in

relation to proposals for the after use of mineral sites. The Policies` states that conditions will be imposed, and planning obligations or other legal agreements sought, to cover the matters necessary to ensure the satisfactory restoration of the site.

64 Policies M50 and M51 – On site processing and storage – relate to on site processing

and storage. 65 Policy M52 – Site management – states the ability and commitment of the intended

operator to operate and reclaim the site in accordance with the agreed scheme will be taken into account.

COUNTY DURHAM WASTE LOCAL PLAN (APRIL 2005) [WLP] POLICY: 66 Policy W2 – Need – requires the demonstration of need for a particular development

which cannot be met by an alternative solution higher up the waste hierarchy. 67 Policy W4 – Location of waste management facilities – states that proposals for new

waste management facilities will be determined having regard to protection of the environment and local amenity, traffic impacts, opportunities to integrate with other facilities or developments which will benefit from the recovery of materials and to extend or develop existing waste management facilities.

68 Policy W28 – Flood Risk – states that proposals for new waste development will not

be permitted in flood risk areas unless it can be demonstrated that: there is no alternative option available in a lower risk flood zone; there will be no unacceptable risk from flooding; there will be no unacceptable increase in the risk of flooding elsewhere, as a result of the development; and, appropriate measures exist or can be carried out to manage and minimise the risk of flooding.

69 Policy W46 – Landfill and Landraise – deals specifically with proposals that create new landfill capacity including extensions to existing sites. These will only be permitted where it can be demonstrated that they contribute to a sustainable waste management system for County Durham; represent the best practicable environmental option; satisfy an established need; and achieve overall environmental benefits; or a proposal represents a small ‘windfall’ scheme which will secure the reclamation of registered contaminated or previously developed land within a short timescale or increase the nature conservation interest of a proposed site through the creation of new habitats, without creating a significant amount of new void space.

The above represents a summary of those policies considered most relevant in the Development Plan the full

text, criteria, and justifications of each may be accessed at (link to webpage) http://www.gos.gov.uk/nestore/docs/planning/rss/rss.pdf (RSS) (http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=674 (County Durham Minerals Local Plan), at http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=675) (County Durham Waste Local Plan)

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:

70 Etherley Parish Council in May 2006 recommended refusal of planning due to the

number of slow HGV’s turning onto the A68 road at Hummerbeck which could potentially be a serious safety issue.

71 The County Highways Authority has no objections and is satisfied with the proposals

for the revised access from the A68 and the proposals for the passing places on Burnshouse Lane. The Authority highlights that the works will have to be supervised by the staff from the Southern Area Manager's office. The Council’s highways adviser was in agreement with the operator’s draft conditions dealing with the mitigation measures but considers that the condition relating to vehicle movements wass wrongly worded. The conditions have been modified but continue to refer to issues covered by the initial conditions.

72 The Environment Agency (EA) has no objection to the proposed concrete batching

plant.

73 EA requests that specific conditions are imposed on the sand and gravel proposals. The conditions restrict the storage of materials within areas of flood risk, require certain details to be submitted prior to the commencement of each phase of restoration, restrictions on the location of structures near any bank, watercourse and inside or along the boundary. The submission of a scheme for the provision of a buffer zone alongside the water course prior to the commencement of the development and a condition to ensure that there will be no interruptions to surface water flows as a result of the development.

74 The EA highlights that the application site is 250m of a landfill site but has no

evidence that the site would give rise to the landfill gas in substantial quantities and the risk of gas generation and migration is considered low. If any part of the site is actually on the landfill site then the applicant should be aware of the presence of the site.

75 The former North East Planning Body (NEPA) considers that the principle of the development is in general conformity with the objectives of the RSS. RSS Policy 43 (aggregate minerals provision) states that minerals and waste development frameworks and planning proposals should make provision to maintain a landbank of permissions for primary aggregates which is sufficient to deliver 26.25m tonnes of sand and gravel. County Durham is required to maintain 8 million tonnes of sand and gravel between the periods of 2001-2021. The minerals and waste authority must be satisfied that the imposition of the proposed conditions safeguards the working mineral resources on the site in order to be in general conformity with RSS Policies 42 (overall minerals strategy) and 43. The environmental statement indicates that the development will result in a series of impacts; these are in relation to landscape; ecology; and the historic environment. Although the principle of mitigation is reflected in these proposals, the local authority will need to be satisfied with these measures to ensure that this is proposal is in general conformity with the RSS. Other RSS Policies mentioned cover a range of matters including, rural areas (Policy 11) (it is considered that the proposal would contribute to the objectives of this Policy), landscape character (Policy 31), historic environment (Policy 32), flood risk (35). These matters are covered in the policies of the MLP as set out in this report.

76 English Heritage (EH) notes that the proposals will necessitate the workings close to

the line of the Stockton and Darlington Railway, a Scheduled Ancient Monument (SAM), and the construction of three haul roads across the SAM to facilitate sand and gravel extraction. All works which impact upon the SAM would require Scheduled Ancient Monument Consent. EH advises that further information is required relating to a number of matters including the proposed ramp/haul road construction before a view on the application can be given. It is noted that this information will also be required for the determination of any Scheduled Monument Consent application relating to these proposals. It is noted that this information was requested in 2009 along with a request that a standoff of 15m as opposed to 10m from the SAM which it considers might give more protection to the base of the monument along its course. The SAM is a nationally important heritage asset and it is imperative that it is fully protected during any extraction activities. EH has subsequently confirmed that a condition requiring details of the design, construction and removal of crossing points would be acceptable.

77 The Coal Authority (CA) With regard to the proposed concrete batching plant, the CA

confirms that the application site is within the defined Standing Advice Area and if planning permission is granted it would be necessary to include the CA’s Standing Advice within the Decision Notice as an informative note to the applicant in the interests of public health and safety.

78 In terms of the Review application the CA has stated that given the specific nature of

this application, being a Review of an Older Mineral Planning Permission, and the fact that the site is located outside of the defined Coal Mining Development Referral Area, it does not wish to make any detailed observations or comments.

79 Natural England (NE) originally objected to both proposals as it considered that

insufficient information has been provided with the applications to demonstrate whether or not the developments would have an adverse effect on the species especially protected by law and on ecologically valuable habitats. Additional ecological information was submitted in June 2011 (extended phase 1 and protected species report) that addressed previous concerns relating to lack of up to date survey. Nevertheless, concerns remained relating to the vagueness of the mitigation proposed and how they relate to the phasing and restoration plans that were supplied in 2009. Further clarification was requested on a number of points relating to bats, otters and restoration plans and phasing. This information has not been submitted but in light of the revised schedule conditions appended to this report NE confirmed that the revised conditions which require details in advance of the development of each phase, and relate to the mitigation measures detailed in an updated 2010 survey report are enough to enable it to remove its objection subject to two revisions which the applicant has agreed.

80 It is highlighted that wildlife legislation operates independently of the planning system

and any works at this site must comply with the relevant law, including obtaining and complying with the terms and conditions of any licences required as described in Part IV B of Government Circular 06/2005.

81 NE has reviewed the application details in the light of its statutory remit under

Schedule 5 of the Town and Country Planning Act 1990 etc (as transferred from Defra under Part 8 of the NERC Act 2006), and draws the County Council’s attention to a number of land quality, soil resource protection and associated reclamation considerations. It is noted that over 50% of the proposed working area comprises “best and most versatile” agricultural land (namely Grades 1, 2 and 3a). Concerns are raised that submitted information is not sufficient to clearly demonstrate that the land intended for a more productive agricultural afteruse would be restored, so far as practicable, to a quality comparable to that when it was last used for agriculture. It is suggested that the applicant’s soils handling proposals and proposed conditions should be modified in order to address the concerns.

82 NE confirms that it would be appropriate to specify agriculture as an afteruse and for

the land to be reclaimed in accordance with paragraph 3 (1) of the 1990 Act, namely that the physical characteristics of the land (as identified by the Consultant’s survey) be restored, so far as practicable, to what they were when last used for agriculture. Provided that any granting of planning permission was made subject to revised conditions to ensure that its principal reservations were satisfactorily addressed, Defra would not wish to consider raising any objection to this application. The original conditions have been amended to seek to address concerns raised.

83 Durham Wildlife Trust (DWT) has concerns regarding the proposal is of the view that

the additional surveys submitted in 2011 clearly demonstrates the value of the site to a wide range of species, including protected species such as otter and bats. In the Trust’s view the submitted ecology report has undervalued the site by suggesting it is only of parish value but DWT considers that the site appears to be of District if not County value. DWT also consider that there is a lack of detail on the proposed restoration of the site that would allow an informed judgment to be made on the impact of the proposal on the biodiversity of the area.

84 County Durham Badger Group (CDBG) considers that the applications are likely to

have an adverse impact on local badgers, as a significant part of their foraging area will be lost. In addition DCBG query the possibility of increasing the 30 metre stand-off in the Backlandsides Farm area to 60m. Further survey works prior to the commencement of development are supported, as well as fencing to protect wildlife and techniques to seek to ensure the availability of earthworms.

85 Durham Bat Group acknowledges that the extended phase one and protected survey does seem to cover most of the angles. Although Durham Bat group are rather sceptical about the efficacy of bat boxes, it accepts that they provide a possible interim measure but it is considered that there is a lack of details of how this interim stage is to be managed and the long-term replacement for the current bat habitats is queried. A number of further queries are raised regarding the proposed bat boxes and mitigation proposed.

86 British Horse Society has no objection to the diversion of Bridleway 14 subject to a

number of detailed points relating to the width of the diversion route, suitability of use, that it is not obstructed by overhanging vegetation, that gates are easy to use from horse back. The proposal to retain the diversion as well as restore the original bridleway will be make a welcome additional to the meagre 22% of rights of way open to equestrians. It is considered that a maximum of 9 bulk traffic movements a week to the site should not pose a significant problem to horseriders as a long as drivers of all vehicles entering the site are made aware of the vulnerability of riders. It is stated that BHS always has misgivings about horseriders sharing bridleways with motor vehicles and disappointment when routes are surfaced in unyielding surfaces and it is preferable to have separate access for lorries and other motorised traffic.

87 CE Electric UK has provided details of Northern Electric apparatus in the area.

88 Northern Gas Networks confirms that it has no gas mains in the area of the enquiry.

The letter goes on to state that gas pipelines owned by other gas transporters also privately owner may be present in this area. Information with regard to such pipes should be obtained from the owners.

89 Northumbrian Water has no objection to the development. 90 National Grid advises that based on the information provided and the proximity of and

sensitivity of its networks to the proposals the risk is negligible.

INTERNAL CONSULTEE RESPONSES:

91 The Spatial Policy Team notes the status of the site as a dormant site under the

Environment Act means that the principle of development has already been established by historic permissions and that the Council’s role is limited to the issue of new modern working and restoration conditions. Accordingly, the fact that sufficient sand and gravel (is now permitted or contained within sites subject to member resolution to grant planning permission) to maintain a landbank well in excess of seven years and meet forecast need to 2030 is not material to the determination of this application is noted. Similarly, the fact that the existing planning permission permits the importation of inert material is also noted.

92 The approach to working and restoration set by the new conditions must seek to

minimise adverse environmental and amenity impacts and deliver an approach to restoration which maximises benefits. Given the scale of existing provision for sand extraction which has already been made in the County and the shortage of inert materials, phased working and restoration is recommended to ensure that the area subject to disturbance is minimised at any one time. However, the scope of the proposed restoration scheme which delivers biodiversity and flood alleviation benefits is welcomed.

93 It is recognised that MLP Policy M50 provides support for the proposed concrete batching plant but concerns are raised regarding the plant remaining on site for a prolonged period and suitable conditions requiring its removal are suggested. Issues of flood risk and visual impact are also highlighted as matters requiring consideration in determining this application.

94 Public Rights of Way (PROW) raises no objections to the proposals and notes that previous comments made relating to public rights of way in 2006 seem to have been taken into account in information subsequently submitted. PROW consider that where haulage traffic is using or crossing public rights of way (Bridleways 12 and 14 and Footpath 15) that signage should indicate that vehicular traffic give way to public use. It is also considered that a speed limit of 15mph would be appropriate.

95 Since 2006 Bridleway 14 has been diverted as part of the West Auckland Bypass

construction. The section between Broom Mill Farm and the bypass now runs along the former Stockton and Darlington Railway line, rather than using the farm access track. This section will not need to be diverted as part of the application, but given that this will become the farm and associated shop/café access some signage to make vehicle drivers aware of public use would be appropriate. This could be the same signage used on Bridleway 12. PROW consider that the details of the diversions to temporarily divert the remaining section of Bridleway 14 and Footpath 13 are vague but nevertheless advise that this should be done under Section 261, Town and Country Planning Act 1990 and an application should be made as soon as possible.

96 It is agreed with the BHS response that any structures put in as part of the diversion

of Bridleway 14 should be an appropriate standard for a bridleway and manageable from horseback. This can be agreed as part of the diversion process, as can the standard for the reinstatement of the original routes. There is currently no bridge on the route of Bridleway No. 14 to enable crossing of the Hummer Beck and PROW would prefer the route to be permanently diverted which would save the need to reinstate Bridleway No. 14, though both routes as suggested by the BHS would be the ideal.

97 The Design and Historic Environment Team (Archaeology) notes that as a result of

comments previously made in 2006 additional work was undertaken. It is noted that the applicant has also consulted with English Heritage about the need to apply for Scheduled Monument Consent in order to ramp over the line of the Stockton and Darlington Railway. It is highlighted that comments from English Heritage take precedence over any comments the Council’s advisor may make with regards to this part of the application, but the inclusion of a condition in relation to the SMC is supported.

98 A further condition proposed by the applicant to protect any archaeological resources

which may be negatively impacted upon by the development, is considered to be inadequate. It is recommended that the applicant submits an archaeological mitigation strategy for approval and which is subsequently referred to in a condition or a condition to ensure the submission of archaeological mitigation strategy through condition.

99 The Design and Historic Environment Team (Design and Conservation)confirms that

the proposals do not have any adverse impact upon the West Auckland Conservation Area nor upon any of the Listed Buildings within this Conservation Area.

100 The County Ecologist has some concerns that there are deficiencies in the

information that has been presented. It is considered that the ecological assessment demonstrates a high wildlife value for the area which will require a level of mitigation/habitat creation to match. Officers currently do not think that there is sufficient information on the use of the Hummerbeck by otters, including the possible presence of breeding holts. The submitted ecological reports contains several mitigation proposals which are not included in the proposed restoration plan. Clarification is sought on the retention of trees and hedges along Burnshouse Lane, which trees with potential for bat use are to be retained across the site, where the mitigation in the form of wetland scrapes will take place along with the other suggested habitat improvements for kingfisher and sand martin. The ponds shown within the restoration plan lack structural variety and are essentially deep water tanks in the ground and suggestions for a more varied wetland creation are provided. In summary it is considered that a more detailed restoration plan is required which more accurately reflects the ecological report and the mitigation within it. In light of the applicant not submitting the requested information, Ecology officers agree with conditions which require details in advance of the development of each phase, and relate to the mitigation measures detailed in an updated 2010 survey report.

101 Landscape Section has no objections but has major concerns regarding the visual

impact of the mineral extraction operations. Landscape notes that the West Auckland Bypass has been constructed since the original permission and the preparation of the original Landscape and Visual Impact Assessment (LVIA). The road cuts through one corner of the original site, and as a result the applicant has decided to reduce the area of extraction and to confine it to one side of the new road. The construction of the Bypass has placed a high sensitivity receptor (a class A road) in close proximity to a high magnitude visual impact which has not been assessed. This will result in a visual effect that is, without mitigation, at least as significant as those predicted for public rights of way crossing the site, namely a “severe adverse visual effect”.

102 It is suggested that it is essential to seek to mitigate the effects of the development

during the operational phases and suggests modifications to the working method to allow for a temporary screening mound along side the Bypass and to the planting of a hedge and trees along the outside of the site.

103 Landscape Section consider that the batching plant will be located as far from the

road as possible within the site in a landscape that is fairly cluttered with hedgerow trees and farm buildings. Provided that it is painted green officers are not concerned about its visual impact.

104 Pollution Control has no objections to the applications. With regard to the application

for a concrete batching plant within the development site, it is noted that this is a prescribed process under the Environmental Permitting (England and Wales) Regulations 2010 and would require a permit from Neighbourhood Services Department.

105 The extraction of sand and gravel is not a prescribed process under the

Environmental Permitting (England and Wales) Regulations 2010, however should there be any mineral drying process occurring on the development site, then a permit from Neighbourhood Services would be required.

106 In terms of dust it is noted that there are a number of sensitive receptors located in close proximity to the proposed extension boundary. In order to mitigate the potential effects of dust on local receptors a number of conditions are suggested with respect to dust control. The conditions relate to the use of wheel cleaning equipment, sheeting of vehicles, provision of water supply and dust suppression equipment, seeding of areas and bunds.

107 The use of any mobile crushing and screening equipment on the development site

shall be used in accordance with associated Environmental Permitting (England and Wales) Regulations 2010 permits, notification of plant relocation shall also be provided to Neighbourhood Services.

108 The EHO has suggested a number of conditions with respect to noise covering the

hours of operation, noise levels during mineral extraction and temporary operations. Earlier comments raised queries regarding the noise assessment undertaken, the equipment to be used and assessment of intended methods of mitigation of noise emissions on site operations.

109 Earlier comments related to the installation of dust gauges and their position on site,

the need to clarify the conditions when a dust action plan would be instigated. It was noted that no assessment has been carried out of the potential for emissions of PM10 particulates to occur from process operations on the site. However, given this application is for the extraction of sand and gravel and if it is considered that the potential for emissions of PM10 is not likely to impact on the nearest receptors located in proximity to the site in a way where the specified air quality objective maybe exceeded then evidence needs to be submitted that this is the case. It is noted that the ES identifies that there is a potential impact on both the River Gaunless and Hummerbeck watercourses. Since the EA deals with pollution of watercourses they need to be consulted concerning this issue.

PUBLIC RESPONSES:

110 The applications were advertised by site notice and in the local press as part of the planning procedures in 2006 and in 2009. Neighbour notification letters were also sent to a number of properties in the vicinity of the site.

111 8 letters of representation have been received. Of these 3 are objections and 5 raise

concerns. 2 letters of representation are signed by the residents of other properties (an additional 5 properties). The grounds of objection and concern raised by those making representations in respect of both applications are summarised below.

Residential amenity

• The proposals would greatly affect the standard and quality of life and inconvenience residents.

• There would be extra noise, dust and traffic pollution.

• Concerns of possible contamination to water supplies from liquids stored on site.

Noise

• The area is quiet and peaceful but this will change due to noise from plant and it is queried how it can be ensured that there would be no dust and noise pollution.

• Queries are raised regarding the noise monitoring undertaken by the applicant.

• Concerns about the proposed hours of working and the impact upon those residents who work nightshifts.

• Queries as to whether or not a sound proofing screen would be erected along the beginning of Burnshouse Lane.

• Concerns regarding the proposed Sunday maintenance hours.

Working

• It is queried if conditions would cover landscaping and restoration.

• It is queried if the site would be subject to monitoring and enforcement.

• Concerns raised regarding the working of the site and if the site would be left in a safe condition with no threat of future subsidence.

Flooding

• The area has a history of flooding (from the Hummer Beck and surface water) and properties in the vicinity of the site were affected in 2000 and 2004 and there are concerns about allowing the development.

• Highway drainage problems have occurred and concerns that this development may increase those.

• There are concerns regarding the potential adverse effects on properties of interference with the hydrology on and around the site as a result of exaction and restoration.

Access

• The suitability of Burnshouse Lane for the access is queried given it is a single lane farm track that is used by farmers, as an access to properties and riding school and concerns about the safety of all users (including children learning to ride) and possible accidents are raised.

• The lane is unsuitable being narrow and winding and is in a poor condition and is in need of repair.

• Burnshouse Lane is a bridleway (linking to other public rights of way) used by pedestrians, cyclists and horse riders.

• Concerns about the number of HGV’s proposed both for the sand and gravel excavation.

• Possible damage as a result of HGVs using Burnshouse Lane to underground water pipes, drains and water meters and structural damage to properties.

• Query raised regarding the new junction and retention of existing trees as well as the possible provision of fencing alongside properties.

• A previous application for a garage near the proposed new junction was refused on highways grounds and it is queried why the goal posts have changed.

• Extra noise, dust and traffic pollution from additional traffic using Burnshouse Lane.

• The proposed access raises safety concerns and is a danger for heavy slow moving vehicles leaving Burnshouse Lane joining a busy road that is at the bottom of a hill.

• It is assumed that measures would be put in place to prevent and/or mitigate any conflict between users of Burnshouse Lane during the life of the scheme.

• Concerns about the effect of the proposed use of the road on private access and bridleway.

• The Bridleway not suitable for HGVs and is already used by vehicles which can be problematic.

• There will be difficulties for residents accessing their properties.

• There are currently restrictions on the use of the Bridleway. A sign at the entrance to Burnshouse Lane states “No Motor Vehicles – Public Bridlleway Only – Max. Penalty £1000”

• Access to the site should be off the West Auckland bypass.

• Despite the provision of passing places and improvements to the Lane there will be still be conflict between users.

• The Lane is part of the Cumbria to Wearside Cycle route which will increase cyclists.

• The access is used by many people already.

Ecology

• Wildlife would be affected and displaced as a result of the proposals.

• Concerns on the impact on wildlife and their habitats including otters and kingfishers.

• Concerns of possible contamination to water based fauna from liquids stored on site.

Economy

• The site has been dormant since the early 1980’s. Since then Broom Mill Farm and Banksandsides Farm have opened businesses open to the public these being a farm shop and a riding school.

• Problems for local businesses that have developed since the site was last worked in the 1980’s.

Other matters

• No direct notification of the application to occupiers of Glenton Hall.

• Concerns that house prices would be reduced as a result of the proposal.

• Concerns that structural damage may occur to property and whose responsibility would it be.

• The proposal would affect human rights.

• The site was closed because of contamination by coal and the mineral on site is no good for concrete.

• In the past compensation was paid on agricultural land prices because the land could not be put to any other use.

• It is claimed that residents within the excavation area have been involved in discussions regarding compensation but not the residents along the A68.

• Destruction of the SAM is contrary to Government guidance and would be a loss to local heritage.

• Planning permission may have been granted many years ago but consideration must be given to the actual size of the operations proposed.

• Previous areas worked on the site have not been restored and rubble and stagnant ponds remain despite the previous planning permission requiring restoration.

• Request that the Planning Committee visit the proposed site to see for themselves the beauty and biodiversity of the area.

Specific to the concrete batching plant

• The noise would increase above the noise from the extraction proposals.

• Health issues are feared as a result of mixing concrete and lime.

• Risk of pollution from concrete being on site and spillages.

• A water supply would be required and this raises concerns as to how water pressure would be affected and impact on supply to nearby properties.

• HGVs have the potential to damage underground water pipes.

• Concerns over the visual impact of the concrete batching plant.

• Concerns about the number of HGV’s associated with the concrete batching plant.

• Devaluation of property.

• Suggestion that the proposed concrete batching plant is moved away from residential properties on Burnshouse Lane to a different area of the site.

APPLICANTS STATEMENT:

112 The Hummerbeck Site presents the opportunity to develop a mineral extraction site on a small scale which fits well within the landscape and can be worked in a sensitive and environmentally friendly manner. Which can help to stimulate the local economy around West Auckland during a difficult economic period and provide much needed local employment.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at (link to webpage). Officer analysis of the issues raised and discussion as to their relevance to the proposal and recommendation made is contained below

PLANNING CONSIDERATIONS AND ASSESSMENT

113 The Review submission relates to new working and restoration conditions for the

winning and working of sand and gravel at land at Hummerbeck. The Committee therefore needs to consider whether the proposed schedule of planning conditions to control the working and restoration of the site are acceptable. Planning legislation, supported by Government guidance in MPG14, requires the updating of old mineral planning permissions in order to secure improved operating and environmental standards. The conditions submitted by the operator have been amended to incorporate consultee comments and to reflect the Council’s standard format.

114 Notwithstanding this both proposals have been assessed against the requirements of

the relevant guidance and development plan policies. Having regard to the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 the relevant Development Plan policies, relevant guidance and all other material planning considerations, including representations received, it is considered that the main planning issues in this instance relate to the principal and need for the developments (mineral and waste), the affects of the development on residential amenity (including noise and dust), biodiversity interests, landscape and visual impact, cultural heritage, agricultural quality and use, recreational amenity, hydrology, access and traffic, alternatives and additional considerations for the concrete batching plant. Other issues raised are also considered.

Principle of the development

115 The main purpose of the mineral review legislation, supported by Government

Guidance in MPG14 is to update old mineral planning permissions in order to secure improved operating and environmental standards. The determination of new planning conditions will have the effect of imposing conditions upon a minerals development for which planning permission has already been granted.

116 Given that the principle of mineral extraction and restoration through infilling on land

at Hummerbeck is established and the site is subject to an extant planning permission, the extent of the County’s existing sand and gravel landbank and future need is not relevant to the determination of this planning application.

117 The Review proposals involve the extraction of 670,000 tonnes of sand and gravel over an 8 year working and restoration period. The sand and gravel would be used as construction fill, concrete manufacture and sand aggregate. The issue of planning permission would constitute an addition to the overall extent of permitted reserves of sand and gravel in County Durham over a 8 year period of working and would contribute to the supply of sand and gravel to meet both local and regional needs. It should be noted that, if the permission is worked the reserves at Hummerbeck, in combination with the permitted reserves contained within County Durham’s existing sand sites (Thrislington Quarry, Crime Rigg Quarry and Old Quarrington and Cold Knuckles Quarry) and that which will become available once the planning permissions are issued to work Low Harperley and extend Old Quarrington and Cold Knuckles Quarry, will be more than sufficient to meet future need until 2030.

118 To enable monitoring and assist the Minerals Planning Authority in the forward planning of mineral resources should planning permission be granted, the applicant was invited to agree a condition requiring the submission of details of sales and reserves. The applicant has not agreed on the grounds of commercial confidentiality.

Waste Disposal 119 It is proposed that the land adjacent to the bypass in Phases 1 and 2 is backfilled with

some 300,000 m3 clean imported inert construction waste that would be compacted to a suitable specification to prevent subsidence of the road by movement of sand and gravel from beneath the road into the excavated area. Details of the arrangements to be made for the management of the waste material would be requested condition. The applicant considers that sufficient quantities of this material can be sourced but if this becomes problematic then the rate of extraction would be reduced in order to reflect the lack of restoration and this would limit the quantity of land disturbed at any one time. The remainder of the site would be restored through backfilling of the extracted overburden. The source of the waste has not been identified at this stage.

120 The type of material that would be deposited is of a type that may be recycled or re-used and would be suitable for restoration purposes on other mineral and waste sites. The import of inert fill is for restoration purposes in that it is required to ensure the stability of the bypass and there is not enough suitable material available on site. In the event of insufficient waste material being available to achieve the approved restoration for the site a condition requiring the annual submission of topographical surveys showing the extent of progressive restoration and levels and provide for the review of operations can be required. However, against a background of increased recycling and reduced volumes of recyclable material going to landfill it is considered appropriate to impose a condition to highlight any potential issues about the end uses or timescales and provision for a revised restoration scheme to be submitted.

121 Whilst the creation of additional landfill capacity for waste materials that could be re-

used or recycled would not accord with Government Guidance and Development Plan Policy (WLP Policies W2 and W46) in terms of its contribution to a sustainable waste management system for the County, the principle of the importation of material is established under the 1979 planning permission. In addition it would be used to ensure the stability of the bypass. For the activities of importing and using inert materials on the proposed site, the applicant would need to apply for the relevant environmental permit issued by the Environment Agency.

122 To enable monitoring and assist the Minerals Planning Authority in the forward

planning of waste facilities the applicant has agreed to a condition requiring the submission of details of the quantity and type of waste imported to the site.

Residential amenity 123 West Auckland lies some 500m to the east from the closest part of the proposed site

area of working and 300m south east of St Helen Auckland. Properties to the south of West Auckland and St Helen Auckland and Enterprise Park Industrial Estate at West Auckland are separated from the site by the A68.

124 There are a number of individual properties adjacent to the proposed extraction areas

which use Burnhouse Lane for access. Broom Mill (also a farm shop and cafe) lies in the middle of the proposed area to the north of the site. Soil mounds would be located some 10m to the north of the farm with a further soil mound to the south and extraction being some 40m at the closest point. To the south of the southern permission area lies Backsandsides Farm approximately 160m from Area 5 and 200m from Area 6. The access to Backsandsides Farm off Burnshouse Lane would be opposite Area 7, the overburden storage area. Breaburn (formerly Silver Trees) lies some 140m to the east of the permission area and Area 8 site support area, Bankfoot Farm lies 20m to the east of Breaburn.

125 There are a number of properties along the A68 immediately to the north of the

existing and proposed access including West View (8 properties) and 9 other properties. The properties closest to the proposed and existing junctions with the A68 are Hummerbeck Farm and Glenton Hall and Glenton Hall Farm.

126 The proposed conditions include mitigation measures to help protect local amenity, including controls on dust and noise, in accordance with Government guidance and current best practice. Overall hours of operation will be controlled through condition, similar to those at other quarries. Specific noise limits will be set and provision made for monitoring. Also by virtue of the updating of conditions, mitigation measures (including the provision of mobile water bowsers, the use of dust filters on all fixed plant and machinery, and the regular monitoring of dust emissions) will be required to prevent the potential for fugitive dust beyond the site boundary. Moreover, Policy M36 of the MLP notes that proposals for mineral working should incorporate suitable mitigation measures to ensure that any potentially harmful impacts from whatever source, such as noise and dust, are reduced to an acceptable level.

Noise 127 Government guidance (MPS2) advises that during normal working hours (0700 –

1900) and subject to a maximum of 55dB(A) LAeq1h (free field), mineral planning authorities should aim to establish a noise limit at noise sensitive properties that does not exceed the background level by more than 10bB(A). It is recognised, however, that in many circumstances this will be difficult to achieve without imposing unreasonable burdens on the mineral operator. In such cases, the limit set should be as near to that level as practicable. During the evening (1900 – 2200) limits should not exceed background level by 10dB(A) and during the night should not exceed 42dB(A) LAeq1h (free field) at noise sensitive properties. MPS2 also recognises that mineral operations will have some particularly noisy short term activities that cannot meet the limits set for normal operations. These include soil stripping and the construction and removal of mounds. The advice is that increased temporary daytime noise limits of up to 70dB(A) LAeq1h (free field) for periods of up to 8 weeks in a year at specified noise sensitive properties should be considered in order to facilitate essential site preparation and restoration work and construction of baffle mounds where it is clear that this will bring longer-term environmental benefits to the site or its environs. Where work is expected to take longer than 8 weeks a lower limit over a longer period should be considered and in wholly exceptional cases, where there is no viable alternative, a high limit for a very limited period may be appropriate in order to attain the environmental benefits.

128 A noise assessment has been carried out as part of the proposals the results of which

are contained in the ES. Monitoring was undertaken at six locations (Oakley Green, south of Mayfield Walk Estate, Hummerbeck Farm, end of Bankfoot Farm Lane, Broom Mill and Backsandside Farm) close to the site. Predicted noise levels (based on a ‘worst case scenario’) indicate that normal site operations would not exceed the nominal limits of 55dB(A) LAeq1h and would not be more 10dB(A) (the 10dB being at Broom Mill and Backsandside Farms) above measured background levels. A noise assessment accompanied the 2006 ES and was updated in 2009 which found that background noise levels have increased at the site since the opening of the Bypass.

129 The assessment concludes that all temporary operations (including soil stripping and

mound formation and removal operations) can be carried out within the nominal limit of 70dB(A) in any one hour LAeq1h over an 8 weeks period as specified in MPS2. Predicted levels for temporary operations would range between 42dB and 52dB (yet 70dB at Broom Mill) at the aforementioned locations but the MPS2 level of 70dB(A) LAeq1h (free field) is proposed as a limit.

130 A number of mitigation measures are proposed. As well as the construction of earth mounds around the area where mineral processing would take place to maintain a barrier between site operations and noise sensitive properties, operation of plant and machinery during permitted hours only, imposition of a speed limit for onsite vehicles, maintenance of routes into extraction areas, minimisation of drop heights. An environmental management policy for the control of site noise to include regular maintenance of all equipment used on site and liaison with local residents to inform them of operations on site is also proposed.

131 Having regard to the nature and location of operations it is accepted that there would

be notable changes in some local noise levels during the life of the site especially during temporary operations which could have the potential to cause nuisance to local residents. However, the predictions are based on worst case scenarios and the higher levels from temporary works would be limited to 8 weeks in any one year and within acceptable levels as specified in Government policy statements. The EHO has no objections.

132 The concrete batching plant would be located within the site support and processing area along with other plant and machinery. The EHO has not raised any concerns regarding noise associated with the proposal. Through condition the noise levels proposed for the mineral extraction proposal would also apply to the concrete batching plant as would the requirement for the submission of a noise action plan prior to the commencement of the development.

133 Having considered the impact of both proposals developments on residential amenity

in terms of noise it is considered that the impacts could be controlled through condition setting limits and requirements to mitigate any adverse effects on the nearest properties thus according with MLP Policy M36.

134 In response to concerns raised by local residents the EHO has confirmed that he is satisfied with the noise monitoring that the applicant undertook. He notes that the background noise levels are relatively high due to noise generated from road noise. It is recognised that Sunday is a sensitive period and therefore it is considered the issue of the potential for any noise arising on that day and the disturbance that may arise from any maintenance works is an important issue. The applicant has confirmed that it will not comprise routine maintenance which would be carried out during normal working hours. It might involve, for example, a major repair to an important item of plant, vehicles or machinery which, if not operational could effectively bring site operations to a halt during normal working hours. Such operations are, by their "emergency" nature likely to be rare and would not give rise to any disturbance to receptors in the surrounding area. Any operation of plant etc would be limited to a short testing period to confirm that repair had been successful.

Air Quality

135 Mineral sites give rise to dust issues and it is accepted that the generation of dust can only be minimised and controlled rather than eradicated. The impact would depend on wind speed, the degree of rainfall and surface topography. At Hummerbeck mineral will be extracted via wet working below the water table using a front loading shovel which will seek to minimise the release of dust during extraction. However, dust will be generated from other activities on site.

136 The ES contains an assessment of air quality and considered that all properties within 200m are potentially dust sensitive. The assessment concludes that the dominant winds in the area will carry dust in a north-easterly direction, away from some of those properties to the west and south, but towards those properties in St Helen Auckland. In order to ensure minimal dust impact to the local area appropriate mitigation measures would be put in place to minimise nuisance. The submission of a dust action plan and requirement for dust monitoring can be covered by planning conditions together with a package of other measures. The measures would include the use of wheel cleaning equipment, sheeting of vehicles, a speed limit of 15mph, sheeting of vehicles, the provision and use of dust suppression equipment and the seeding of soil storage areas. With these measures in place the applicant considers that the majority of dust generated should be controlled at source. Conditions relating to dust suppression are included in the new schedule of conditions for the mineral extraction proposal. In addition a permit would be required for the use of mobile crushing and screening equipment on site. The EHO has no objections to the proposed development in terms of dust. Given the mitigation measures proposed it is considered that the proposal would accord with MLP Policy M36.

137 A permit would be required for the concrete batching plant. The EHO has no

objections to the proposed development in terms of dust. Should planning permission be granted then a dust action plan would be requested prior to the commencement of the development. Given the mitigation measures proposed it is considered that the proposal would accord with MLP Policy M36.

138 Mitigation measures proposed should address concerns raised by local residents in

relation to dust and conditions will require the submission of a dust action plan and dust monitoring scheme prior to the commencement of the development detailing measures to be taken to minimise and monitor dust levels. The applicant proposes other measures of controlling dust emissions from occurring such as the provision of water suppression on screens and crushing plant and by working practices such as reducing the vertical drop height from conveyors between the discharge point from the conveyor and the top of the stockpile are also of importance and would need to be complied with.

Biodiversity interests 139 The proposed site is not affected by statutory or non-statutory nature conservation

designations. ‘Fylands’ River Gaunless Local Wildlife Site lies approximately 115m north east of the closest point, Spring Gardens Wetlands lies 2.15kmto the west and Brusselton Wood Local Wildlife Site and Ancient Woodland lies 500m south east of the closest point. These are local habitats of value which are close to the proposed extraction area. It is not anticipated that the proposed working will have any significant effect on these sites.

140 A number of detailed ecological surveys were undertaken both prior to and during

consideration of the application. The site consists predominantly of managed arable and improved pasture. Diverse semi-improved neutral grassland is found alongside the SAM and forms a locally important wildlife corridor. The site is considered to be of locally important and of Parish Interest. The more diverse areas of habitat are outside of the proposed areas of disturbance.

141 The site is of local (Parish) interest for breeding birds and contains a number of BAP species birds on the red and amber lists. No Schedule 1 (of the Wildlife and Countryside Act 1981) breeding species were recorded although a Kingfisher was recorded outside of the site and Barn Owls may hunt in and around the site. A number of operations would have potential short term effects on nesting or breeding birds (such as initial ground works and vegetation clearance) but conditions can be imposed restricting the timing of vegetation clearance and there would be no long term implications on the bird population from working and restoring the site.

142 No protected species were recorded on site but there would be loss of trees with the

potential to support roosting bats as well as foraging ground. Limited evidence of otter was recorded but no evidence of water voles. Other protected species were found to be using the site for foraging but no active setts were found within the site. Mitigation measures in relation to bats, otter, water vole and breeding birds can be secured through condition. Such mitigation measures would include appropriate provision of bat boxes, standoff distances from the River Gaunless and Hummer Beck and a badger sett outside of the site boundary.

143 Natural England no longer objects to the proposed subject to conditions. Whilst there

would be some localised nature conservation effects from the loss of open land and hedgerows, the proposal would provide a more varied and sustainable habitat for wildlife and one that is appropriate to the ecology of the area. In the long term it is likely that there would be an enhancement of habitats and biodiversity with the creation of wetlands and grassland. On the balance of biodiversity issues, it is therefore concluded that the proposed benefits within a comprehensive programme of restoration would outweigh any adverse impacts that working would have on the existing ecology of the area. The proposal would be in accordance with MLP Policies M29 and M46 and M47. The concrete batching plant would not raise any additional issues.

Landscape and visual impacts 144 The site straddles Broad Landscape Types Coalfield Valley, and Coalfield Valley

Floodplain, and Broad Character Areas Gaunless Valley, and Gaunless Floodplain, respectively. The site is bordered by the River Gaunless to the north, industrial land to the west and by agricultural land to the east and the south. The site is generally flat but rises slightly in the south. The site is in agricultural use.

145 A landscape and visual impact assessment was included in the ES. It is

acknowledged that the sand and gravel extraction would alter the landscape character and quality of the are during the 8 years of working and that there would adverse effects on the landscape and visual qualities of the area, during this time, but these would be partially offset by the progressive restoration of the site. It is considered that the alterations to the landscape character would temporarily give rise to moderate adverse effects on the landscape character. The restoration plan that includes the provision of ponds, wetlands areas and rough pasture would result in a moderate to beneficial effect on the landscape character following the completion of works.

146 Properties to the north the site would be most affected in landscape and visual terms. There would be substantial adverse visual impacts on Broom Mill Farm (this property would be surrounded on all sides by mineral activity), public rights of way in the immediate vicinity and the SAM until the site is restored. Backsandsides Farm and Bankfoot Farm would have views of the extraction although intervening vegetation may reduce the impact from Bankfoot Farm. Distant views would be gained from Brusselton Farm and Coppy Crooks as well as from public rights of way to the to the north of the site and on the southern edge of St Helen Auckland, those on higher ground to the south and east would also have distant views. As the whole of the permitted area is not proposed to be worked the impact of the proposed extraction operations. There are concerns regarding the visual impact of the site from the West Auckland Bypass but the applicant is unwilling to address these.

147 The applicant has refused to amend his working method and to undertake hedge and

tree planting in light of requests to provide screening of the workings along the West Auckland Bypass, but acknowledges that the working area of the site would be readily visible in views east from the Bypass. He considers that the Bypass was constructed by the County Council in the full knowledge that there was a mineral working deposit with planning permission immediately adjacent to the bypass and, no landscaping scheme was put in place to screen the mineral working area from the bypass. According to the applicant if the mineral working area was to be screened from the bypass this would involve the construction of screening mounds which would sterilise substantial quantities of sand and gravel amounting to over 84,000 tonnes. In light of the above and the fact that this application is not for a new planning permission but only to update conditions, the applicant considers that it would be unreasonable to require the provision of screening mounds alongside the highway within the mineral working area, this being the only effective way of screening the workings from the bypass road.

148 Given the potential claim that the economic viability of the site could be affected and a

possible claim for compensation made it is not proposed to insist upon screening from the Bypass. Nevertheless, the applicant has agreed to a condition requiring the submission of screening measure details in advance of the working of each phase. Mitigation measures in the form of hedge planting and soil mounds to screen working areas from views to the south are proposed, but given the lack of screening from a significant receptor it is not considered that the proposal fully accords with MLP Policy M36.

149 In terms of restoration, conditions are proposed which require the site to be restored

in accordance with a scheme to be submitted at a later date. The applicant proposes to restore the site progressively throughout the development period, although planting and seeding will only take place at appropriate times of the year. It is proposed to provide ponds in the north and east of the site for flood alleviation and nature conservation. Shrub and grassland is proposed for grazing and mention is made to areas to being restored to agriculture. Through condition further information regarding restoration and afteruse of the site would be submitted. The applicant agrees to such conditions. The restoration proposals for the mineral extraction would also accord with MLP Policy M24 in that these have regard to the quality of the local landscape and seek to provide improvements.

150 The concrete batching plant would be located within the site support and processing area with plant associated with mineral processing. The batching plant would be screened in part by other plant, machinery and buildings and 3m top soil and 5m subsoil mounds which in themselves would be visible in the general area. The proposed silos would be more widely visible. Details of the dimensions would be agreed and the colour through condition. Conditions would also require the removal of the plant upon the cessation of mineral extraction or 8 years from the date of the grant of planning permission whichever is the earlier. The proposal for a concrete batching plant would accord with MLP Policy M50.

Cultural Heritage 151 There are no listed buildings or Conservation Areas designations on the site. There

are listed buildings over 420m from the site and two Areas of Archaeological Importance some 180m north (St Helen Auckland) and 340m to the north west of the site (West Auckland). The Stockton and Darlington Railway Scheduled Ancient Monument (SAM) crosses the northern part of the site

152 A desk based archaeological assessment submitted with the application identified the

possibility for pre-historic and palaeoenvironmental remains in the north of the application site, evidence of medieval farming practices, a post medieval race associated with Broom Mill, cartographic evidence associated with the Brusselton Colliery Line and evidence of the projected course of the Roman Road from Bowes to Binchester.

153 During the operation of the site it is inevitable that the setting of the SAM will be

affected but this would cease upon cessation of the use. Crossing points are required over the SAM to allow the working of the site as proposed however, Scheduled Ancient Monument Consent (from English Heritage) would be required prior to any works taking place that would affect the SAM or its setting. Specific information is required to accompany the SAM Consent application relating to the standoff between the haul road that runs parallel to the SAM, full details of the method of construction of proposed ramped accesses over the SAM, construction of a visible barrier on the top of the ramp to define the upper surface of the SAM. The SAM is currently used as a farm access track.

154 Having regard to the submitted evidence base there is the possibility that there may

be archaeological features. A condition requiring the submission of an appropriate mitigation strategy (likely to include a strip, map and recording methodology) is considered appropriate by the Design and Historic Environment Team (Archaeology). The applicant does not agree and proposes a condition which allows the Council to nominate an archaeological to observe and record excavations on site. However, the proposed condition is inappropriate to the Design and Historic Environment Team (Archaeology) as it fails to provide for a considered, well managed archaeological response to the removal of the topsoil across the development site. It does not allow for evaluation of the archaeological potential meaning that the archaeological risk is unquantifiable to both the County Council and the developer. The potential therefore exists that the significance and character of the archaeological resource to be lost is unknown and the costs unidentified. The condition can also be interpreted to mean that the responsibility of the County Council to pay for the archaeological works.

Nevertheless, given the potential claim that the economic viability of the site could be affected and a possible claim for compensation made it is not proposed to impose a condition requiring the submission of a mitigation strategy. The concrete batching plant is unlikely to impact upon archaeological interests and raises no additional issues. Neither proposal conflicts with MLP Policies M31 and M32. Agricultural Quality and Use 155 Most of the site is currently in agricultural use (managed arable and improved

pasture). Some 1.2 ha of the area to be worked is disturbed land. Of the remainder just over half of the affected land fells within grade 3a that is recognised as the best and most versatile under the agricultural land classification and the remainder is Grade 3b. Following restoration of the site the amount of land available for agricultural use would be reduced by approximately 10 ha in favour of nature conservation end uses but would still provide viable agricultural field units.

156 A soil handing programme covering stripping, handling, storage and replacement has

been submitted with the ES. The operator also proposes to produce a soil handling and management manual and submit an annual soils management audit to the Mineral Planning Authority. Through condition the applicant proposes to limit the area of disturbance to 4 ha at any time.

157 Natural England, in terms of its soils, has no objections to the proposals but raised

concerns regarding some of the originally proposed conditions but these have been amended with the agreement of the applicant and will now safeguard soil resources and agricultural interests. The handling and storage of soils would be carried out in line with good practice and adequately controlled.

Recreational amenity 158 The area has an established public rights of way network. Bridleway 12 Etherley is

an important strategic route as it is promoted as a return route for the CTC cycle route (Walney to Wear), and follows the proposed access track along Burnshouse Lane. Although Bridleway 12 would not be affected by the proposal the proposal would bring pedestrians into contact with HGVs and other vehicles accessing the site. Four passing places are proposed along the length of the Lane. It is intended that signs would be erected on either side of the internal haul road that would lead from Area 5 and Area 6 to Areas 7 and 8 on the opposite side of Burnshouse Lane to alert drivers of the possibility of people using the right of way, and the need to respect such users. An advisory speed limit for drivers is also intended.

159 Footpath 13 runs from Burnshouse Lane along the eastern edge of Area 7 (the

proposed overburden storage area) and through Area 2 to where it meets Bridleway No. 14. This Footpath would be diverted before any works commence on site but would be reinstated following restoration works. Bridleway No. 14 runs in a north west direction between Areas 7 and 8 then through a corner of Area 2. The Bridleway then follows the route of the SAM. Only the section of Bridleway that runs through the working area would be required to be diverted but there would be a need for signage to be erected informing drivers of possibility of people using the right of way as haul roads would cross the SAM. Diversion of footpaths would be dealt with under a separate procedure.

160 Footpath 15 runs along the SAM between Broom Mill Farm and Burnshouse Lane

north of Area 8 along a dismantled railway. It is not proposed that this Footpath is diverted but as it would cross two crossing points between working areas signage and fencing are proposed. Such signage and fencing will be included in the Scheduled Ancient Monument Consent application. Bridleway No. 4 runs from Widehope Farm to the south of the site, along the eastern edge of Area 6 to where it joins with Bridleway No. 12. It is proposed that this section of the Bridleway would be fenced to ensure its continued use.

161 The mineral extraction proposals would have an impact on the existing public rights of

way network for the duration of working. It is proposed that certain routes are diverted but the proposals are unclear. Adequate arrangements are proposed for the continued use of public rights of way and mitigation measures are proposed that seek to limit the impact on users. However, it is inevitable that there will be a conflict with public use and enjoyment, and both the users of the public rights of way and drivers will need to exercise care. The access to the concrete batching plant would be along Burnshouse Lane and this Bridleway and other rights of way crossing the Lane would come into contact with vehicles associated with that use. Access to the concrete batching plant would be via Burnshouse Lane. However, it is not considered that neither proposal would significantly conflict with MLP Policy M35.

Hydrology 162 The site lies in the floodplain of the River Gaunless and the Hummer Beck. The River

Gaunless lies immediately to the north of the permission boundary. No extraction would take place within 30m of the River. The Hummer Beck flows through the site in a north south direction varying in width between 4 and 6m. Parts of the extraction areas falling within Flood Zones 2 and 3 in the Environment Agency land classification.

163 Although the site is in an area underlain by geological deposits designated as a minor

aquifer, the site is not within a groundwater source protection zone as defined by the Environment Agency. During site working all water would be directed to a settling pond (to be located in the site support/processing area) prior to discharge to ensure that no contaminated water enters watercourses. The discharges would also require Environment Agency consent. Working would be below the natural level of the water table but no dewatering is proposed ground water monitoring would be required through condition. Appropriate standoff distances from the watercourses a would be required through condition. There are no known licensed ground or surface water abstractions on the site or within the vicinity of site.

164 The Environment Agency has raised no objection and has suggested a number of

conditions to safeguard water resources ensuring there is no loss of floodplain on site, no increase in flood risk as a result of the development, no impact on the watercourse in terms of ecology and flows.

165 Based on available information the proposals would not have unacceptable adverse

environmental effects in terms of hydrology and hydrogeology. No surface or ground water issues have arisen that cannot be controlled through mitigation measures and other pollution controls regulated by the Environment Agency which has no objections to the proposals. The proposal would therefore accord with MLP Policy M38 and WLP Policy W26. Water associated with the concrete batching plant would be directed to the settling pond system associated with the extraction operation. The proposal accords with MLP Policy M38.

166 Concerns have been raised regarding past flooding of properties on the A68 and

particularly at a property adjacent to the existing access to Burnshouse Lane where the owner has undertaken considerable works at his own expense. The Environment Agency has confirmed that highway drainage problems have been a major factor and that the property is not at risk from flooding from the Hummerbeck and that previous flooding experienced by the homeowners was as a result of high surface water overland flows. Having reviewed the flood risk assessment produced in support of the above proposal, the Agency has stated that it has no evidence to suggest that the proposed development would exacerbate this surface water flooding issue experienced by the resident in the past.

167 With regards to concerns pertaining to groundwater levels, the Agency believe that the development is more likely to reduce groundwater levels than increase them, which is why it has requested a condition relating to ongoing monitoring of groundwater levels. However, in the way that works will be undertaken on site, should an increase in levels result, the increase would be minimal and would only affect areas within the site. As such, the Agency has no evidence to suggest that the proposed development would increase the risk of groundwater flooding to properties in the vicinity of the access.

168 Neighbourhood Services has confirmed that since 2000 a number of works have been

undertaken in the vicinity of the existing access onto Burnshouse Lane involving works to the River Gaunless, provision of raised humps to prevent flow of surface water, resurfacing of part of the A68, provision of a road gully on Burnshouse Lane access with outlet into Gaunless including a flap valve to the outfall to prevent backflow at times of high river level.

Traffic and access 169 Access to the site and concrete batching plant would be from the A68 along

Burnshouse Lane. It is proposed that the road is to be upgraded, four passing places are to be created and a new junction with the A68 constructed a few meters from the existing access closer to Hummerbeck Farm.

170 Lorries would turn onto the A68 and travel north or south depending on the market. A

traffic assessment has been carried out and the results are included in the ES. In recognition that the Lane currently is unsuitable as a haul road passing places are proposed. The upgrade works (including passing bays and new junction with the A68) would be undertaken prior to any mineral being exported to the site or waste being imported to the site. The extant planning permission has no restrictions on vehicle movements. The applicant is proposing a restriction. This total would include vehicle movements associated with the cement batching plant.

171 New conditions are proposed to require measures to be taken so that lorries leaving

the site are clean and sheeted or appropriately covered. Conditions are also included to limit and record the number of lorries and requiring vehicles to be sheeted. The access track is to be upgraded, and should be maintained during the life of the site, particularly where shared with the public right of way. Through Condition the applicant has agreed to maintenance of the lane.

172 The provision and maintenance of a wheel wash facility, measures to ensure that the

highway is kept clear of mud or debris and the sheeting of vehicles would also be a highways requirement but these and related matters including a limit on the number of vehicle movements can be covered by planning condition. The Highway Authority has no objection to both proposals. The proposed minerals development would accord with MLP Policies M36, M42 and M43. The proposed concrete batching plant would accord with MLP Policies M42, M43 and M50.

173 The Council’s highways adviser is not in favour of a vehicular access to the site from the A688, West Auckland Bypass. The road is 7.3m wide and it is therefore only wide enough for two lanes of traffic. An access to the site would require an extra lane to provide space for the volume of heavy right turn traffic. To do this, it would be necessary to widen the carriageway and build up the highway embankment to one side to cater for this. The works would be expensive. It would also be redundant when the quarry eventually closed. The access via Burnshouse lane is acceptable provided that the mitigation measures, which are proposed, are implemented.

174 Concerns regarding the proposed access arrangements to the site have been raised. The Highways Authority has assessed the suitability of Burnshouse Lane and, provided that the improvements are completed, it is considered there will be adequate width available for the quarry traffic and the other users. The junction of Burnshouse Lane with the A68 has adequate junction visibility, is within a 40mph speed restriction and will be improved. Highways Authority is satisfied that it will be a satisfactory layout.

175 Existing signage on Burnshouse Lane relates to unauthorised motor vehicular usage,

but does not apply to anyone with a legal right to drive there, for example landowners, tenants, leasees etc.

176 Any damage to the Bridleway or utilities as a result of the proposals would be the

responsibility of the landowner or site operator and would need to be taken up with them should a problem occur.

Alternatives 177 Planning permission exists for the extraction of sand and gravel on land at

Hummerbeck. The issue of alternative sites has not been addressed.

178 The planning permission area is 40.86 ha with an excavation of area of 19 ha. The remaining area is not included within the new scheme of working and restoration conditions excluded is land beneath and to the west of the West Auckland Bypass (compensation was paid to the applicant in 2010 by the County Council for the loss of mineral in this area and acquisition of land for the construction of the Bypass), an area to the north of Banksandsides Farm, the Stockton and Darlington SAM with the exception of three crossing points and stand off area along the Hummer Beck and Broom Mill Farm. Alternative working methods have resulted from the reduction of the working area as a result of the construction of the West Auckland Bypass. The extent of working since the original submission in 2006 has reduced from 23.63 ha to 19.13 ha and 10 areas of working to 8.

Additional considerations for the concrete batching plant 179 The proposed concreting batching plant would be located within the boundary of the

permitted mineral extraction site. The greater part of the minerals to be used to manufacture cement would be extracted from the mineral working site and the manufacturing activity would remain ancillary to the primary use of the site for mineral extraction. Conditions would be imposed to seek to: minimise the environmental impact; require the removal of the plant upon the cessation of mineral extraction or 8 years from the date of the grant of planning permission whichever is the earlier. A condition preventing the import of material from elsewhere, other than material necessary for the operation of the plant but which is not capable of extraction from the site (this being cement) is also proposed. The proposal would accord with MLP Policy M50.

Other matters

180 The proposal has generated some public interest and comment. The views received have been documented and the planning related issues considered in the main body of the report.

181 The devaluation of property is not a matter that can be addressed through the planning system. Any structural damage to property as a result of the proposal would need to be discussed with the site operator.

182 The level of impact on local businesses cannot be predicted but there will be significant impact upon properties in the immediate vicinity of the site despite the imposition of mitigation measures. The access arrangements to the site are considered acceptable and safety signs are to be erected signage to be erected informing drivers of possibility of people using the right of way.

CONCLUSION

183 The Environment Act 1995 provides for authorities to determine conditions different

from those submitted by an operator, provided that these do not restrict working rights to extant permissions that would unreasonably prejudice the economic viability or asset value of the site, when compensation would be payable. The scheme of conditions first submitted by the operator has been considerably amended as a result of consultations, representations and discussions. The schedule arrived at as a result of such reassessment in the review process provides a suitable updated framework for renewed working and restoration of land at Hummerbeck and are acceptable to the applicant. The review schedule generally accords with the County Council’s normal format for conditions attached to quarry undertakings. The review schedule also accords with Government Guidance on review of old mineral permissions without restricting working rights at the site further than before the review. The reduction in the working area compared to the scheme proposed in 2006 has been as a result of the reconsideration of the scheme by the applicant which has been due, in part, to the construction of the West Auckland Bypass for which compensation has been paid by the County Council.

184 This scheme of conditions will provide an appropriate and necessary new framework

for the working and restoration of land at Hummerbeck, for which planning permission already exists, although working has not taken place since 1984. It provides the requisite mitigation of environmental effects and up-to-date controls. However, there would be impacts upon local amenity associated with noise, dust, visual impact and traffic during the life of the site. The schedule also provides a strategy for the eventual restoration and aftercare of the permitted area. The intended new conditions for Hummberbeck address local concerns and as a result of this review are, on balance, necessary, appropriate, fair and in the overall public interest. However, it is disappointing that the applicant will not agree to the Council’s proposed conditions regarding archaeology and by imposing such a condition a claim for compensation may be made.

185 Provision of a concrete batching plant on site would remove the need for materials to be transported to another location for the batching process to take place, and for the applicant adds value to the Hummerbeck sand and gravel product. In addition there are operational efficiencies in the using the same water supply, settlement pond, weighbridge etc. Subject to the imposition of suitable planning conditions, it does not pose additional environmental risk, in terms of noise, dust, or water pollution, beyond that produced by the site’s permitted operations. The visual impact of the proposal can be limited through appropriate conditions.

186 The proposals have generated some public interest with representations reflecting the issues and concerns of local residents affected by the proposed developments. Whilst there would be some impacts upon local amenity associated with noise, dust and visual impact at certain stages of the development these would be at acceptable levels and can be controlled through the implementation of appropriate mitigation measures and planning conditions.

RECOMMENDATION

187 In the interests of securing overall up-dated standards and controls, following

thorough assessment and review, it is recommended the Committee APPROVE the attached comprehensive scheme of conditions for working and restoring land at Hummerbeck as set out below, subject to delegating to the Head of Planning authorisation to make minor adjustments as may be necessary and the reasons for the conditions.

188 That the Committee APPROVE the concrete batching plant application subject to appropriate conditions as set out below and subject to delegating to the Head of Planning authorisation to make minor adjustments as may be necessary and the reasons for the conditions.

SCHEDULE OF NEW CONDITIONS CONSEQUENT TO THE REVIEW UNDER THE ENVIRONMENT ACT 1995

APPROVED DOCUMENTS

1. The development hereby approved shall only be carried out in accordance with the

approved documents (subject to matters subsequently agreed under subsequent conditions in this schedule):

2. From the date of issue of this schedule of conditions to the completion of soils

replacement, a copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with this permission and legal agreements, shall always be on display in the site offices and subsequently, shall be made available to all persons with responsibility for the site’s aftercare and management.

MATTERS REQUIRING SUBSEQUENT APPROVAL

3. The development hereby approved shall also only be carried out in accordance with a

scheme or schemes to be agreed, in writing, with the Mineral Planning Authority, which shall, amongst other matters, include provision for the matters listed below.

(a) A soil strategy that shall include a record of the pre-working physical

characteristics of the land; a detailed soils handling and management strategy that shall clearly describe the proposed soil stripping, handling and replacement methods to be used at the site, appropriate to the grade of soil and intended after-use as well as details of the proposed soil depths upon restoration and plant and machinery to be used. In the case of agricultural reinstatement, the optimum target depth for the restored soil profile should be 1.2m.

(b) A noise monitoring scheme including the exact locations of noise monitoring points

and proposed monitoring frequency and reflecting guidance in MPS2. The locations of noise monitoring points should be chosen so as to ensure that the possibility of off-site noise affecting measurements is reduced to a minimum. The scheme shall also include details of procedures for informing occupiers of adjacent residential properties in advance of temporary operations commencing.

(c) A noise control scheme to reduce noise emissions at source. Measures to include

are listed in paragraph 3.1.56 of the Environmental Statement.

(d) A definitive Dust Action Plan including the exact locations of dust monitoring points and proposed monitoring frequency and methodology and reflecting guidance in MPS2 that incorporates a dust control scheme including the provisions set out in paragraph 3.1.60 of the Environmental Statement.

(e) Details of drainage arrangements during site preparation and working life of the

site.

(f) Details of the type and height of fencing to be provided around the site boundary, within the site and along the access road to the site.

(g) Details of wheel cleaning equipment to be installed and its location within the site.

(h) Details of the design and construction of the junction onto the A68 as shown on Drawing No. 6.

(i) Details of the improvements to Burnshouse Lane and provision of four access

places as shown on Drawing Nos. 9, 9i, 9ii, 9iii and 9iv (or other subsequently approved drawings).

(j) A layout plan which makes adequate provision for a temporary car park within the

site to accommodate operatives and construction vehicles during development of the site (thereafter the approved measures shall be implemented before any mineral is taken from the site or importation of any waste to the site).

(k) A traffic management scheme that shall include details of traffic routing on site,

including crossing points on roads, farm tracks and footpaths; identification of area for the regular maintenance of vehicles and plant; maintenance of site roads, including grading and drainage.

(l) Details of the design and location of the site support and processing area including

buildings, fixed plant and machinery to be used on the site and of the plant area and storage area as shown on Drawing No. 5 (or other subsequently approved drawing) including drainage arrangements.

(m)Details of the illumination to be used on site, designed to avoid light spill into the

surrounding countryside.

(n) Details of the proposed handling, storage and placement of the inert cohesive

construction waste material to be used in the restoration of Phases 1 and 2 and provisions for dealing with unsuitable materials.

(o) Details of the design, construction and removal of the crossing points over the

Stockton to Darlington Railway Line Scheduled Ancient Monument, as shown on Drawing No. 3 (or other subsequently approved drawing). Such a scheme shall include details of the standoff between the proposed haul road running parallel with the monument and the monument itself.

(p) Details of the location and construction of the proposed crossing point over the

Hummer Beck.

(q) Details of signage to be displayed at the site entrance and warning signs along Burnshouse Lane and in the vicinity of Brooms Mill Farm so as to be clearly visible to all drivers instructing them to drive with adherence to the 15mph site speed limit, with care, and to show courtesy to users of the rights of way.

(r) Details of the surfacing of all internal haul roads.

(s) a layout plan which makes adequate provision for a temporary car park within the site to accommodate operatives and construction vehicles during development of the site.

(t) A scheme for the creation of wader scrapes along the River Gaunless and Hummer Beck.

(u) Details of hedgerow, tree and shrub planting to be carried out as shown on Drawing No. 3 (or other subsequently approved drawing) to be implemented including details of timings of works and shall include: i) the species to be planted, and the percentage of the total to be accounted for

by each species; ii) the size of each plant and the spacing between them; iii) the preparations to be made to the ground before planting; iv) the fencing off of planted areas; v) a subsequent maintenance and management programme during the after-

care period (including the extended after-care period) once the planting works have been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease.

(v) Prior to any soil stripping a scheme for the provision and management of a buffer zone alongside the watercourses. The buffer zone shall be 30 metres of the south riverbank of the River Gaunless and 20 metres from both riverbanks of the Hummer Beck. The scheme shall include:

• plans showing the extent and layout of the buffer zone.

• details of the planting scheme (for example, native species).

• details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term.

• precautions to prevent increased siltation of the watercourse due to the proposed development.

(w) Prior to the commencement of soil and overburden being removed in each phase of working in phases 1, 2, 3, 4, 5, 6, 7 and 8 as shown on Drawing No. 3 (or other subsequently approved drawing) a detailed scheme of working, which shall include timing of when areas are to be progressively restored and shall include, where appropriate, the following and shall be shown on an appropriately scaled plan (for example 1:1250): i) a plan indicating areas stripped of soil, the location of each heap, and the

quantity of material in it. ii) details of intended soil stripping and storage, including location of intended

stockpiles of soil, soil making materials, overburden, mineral, waste materials on site and their heights within the phase and site;

iii) details of any screening measures proposed; iv) details of drainage arrangements; v) a detailed working method for the phase including:

(a) a topographical survey to establish pre-development ground levels; (b) extraction limits; (c) standoff distances from the SAM as identified in Section 4 of the report

produced by Scott Doherty regarding stability issues accompanying a letter from Scott Doherty to BHP Develop dated 4 December 2010.

(d) proposed depth of working; (e) phasing of operations; (f) details of design of internal access and haul roads, and if applicable

surfacing of them, and provision and surfacing of hard-standings; (g) the erection of any fences as appropriate to their intended use; (h) details of any planting and landscaping. (i) details of screening measures to be undertaken. (j) provisions in the working method for the maintenance of protected

species. vi) the final contours for the area that has been restored site (at 2 metre intervals),

indicating how such contours tie in with the contours on adjacent land and future phases of restoration.

(x) Prior to the commencement of soil and overburden being removed in each phase

of working in phases 1, 2, 3, 4, 5, 6, 7 and 8 as shown on Drawing No. 3 (or other subsequently approved drawing) details of the restoration of the site in accordance with Drawing No. 7 (or other subsequently approved drawing) which shall include: i) the final contours for the site (at 2 metre intervals), indicating how such

contours tie in with the existing contours on adjacent land; ii) the replacement of soils including depths and handling and replacement

methods. In the case of agricultural reinstatement. In the case of agricultural reinstatement, the optimum target depth for the restored soil profile should be 1.2m.

iii) the backfilling of Phases 1 and 2 with inert cohesive construction waste material to a minimum 1m thick.

iv) the drainage of the restored site, including position of ditches, location of external drains and watercourses into which these any future underdrainage systems could connect and underdrainage if considered necessary by the Mineral Planning Authority;

v) the erection of fence and gateways and any other surface features; vi) a system of numbering for all enclosures (both agricultural and non-

agricultural) with the respective areas being individually stated;

vii) proposed lakes and lake margins including their depth and slope of margins; viii) Planting details, including trees, hedges, seeding and grassland

establishment; (a) the species to be planted, and the percentage of the total to be

accounted for by each species; (b) the size of each plant and the spacing between them; (c) the preparations to be made to the ground before planting; (d) the fencing off of planted areas; (e) a subsequent maintenance and management programme during the

aftercare period once the hedgerow, tree, and shrub planting has been carried out, which shall include the weeding of the planted area, repairing of any damaged fencing, and the replacement of any plants which die or are seriously affected by disease and a detailed schedule as to when the aftercare period commences for each area.

(y) Prior to the commencement of soil and overburden being removed in each phase of working in phases 1, 2, 3, 4, 5, 6, 7 and 8 as shown on Drawing No. 3 (or other subsequently approved drawing) details of the restored land for five years after the final replacement of soils or soil making material in accordance with Condition 85. The aftercare scheme may include:

(a) Treatment of the soils post-restoration, to improve their structural development,

(b) Establishment and maintenance of a vegetation cover, (c) Installation of underdrainage and a field water supply, (d) Measures to control weeds, plant diseases and/or pests, (e) Annual soil analysis with target nutrient indices for the restored

land, (f) The frequency and timing of the above operations and the

provision of surface features, (g) Provision for annual aftercare reports and meetings to review

progress, and (h) Restrictions on the use of the land, particularly over the winter

period, etc.

COMMENCEMENT

4. None of the development hereby approved shall take place at the site until the Mineral

Planning Authority has been notified in writing that consents as may be required from the Environment Agency, English Heritage and Natural England have been obtained.

5. At least seven days notice of the date of commencement of the development shall be

given, in writing, to the Mineral Planning Authority.

COMPLETION

6. All mineral extraction shall cease by no later than 8 years from the date of

commencement of the development, as notified to the Mineral Planning Authority under Condition 5.

7. The workings subject to these conditions shall be restored in accordance with the approved schemes referred to in Condition 3 within 6 months of the completion of mineral extraction, or earlier, in accordance with subsequent conditions in this schedule.

WORKS REQUIRED FOR SITE PREPARA

8. Before substantive soil stripping (other than for preliminary works themselves) begins, the following works shall be carried out, where relevant in accordance with the relevant schemes agreed under Condition 3:

(a) the construction of the approved site drainage cut-off ditches, water treatment

areas, and other drainage facilities appropriate to the area to be stripped shall be completed;

(b) the formation of the site offices and compound with surface formed with tar-

macadam, concrete, or consolidated clean stone, levelled to preclude ponding of water;

(c) perimeter fencing; (d) protective fencing alongside hedgerows (at a distance of not less than 2

metres) and outside the canopies of trees bounding the site and those to be retained within it;

(e) the installation of wheel cleaning equipment to prevent the transfer of mud to

the public highway; (f) the provision of notice boards of durable material and finish:

i. to be placed at the site entrance, indicating the name, address, and

telephone number of the company responsible for the operation of the site, and of an official who will be available to deal promptly with any complaints;

ii. to be placed so as to be clearly visible to all drivers of heavy goods

vehicles exiting the site access, instructing them to use the approved traffic route; and

(g) the provision of notice boards of durable material and finish shall be erected

along the route of the site access road along Burnshouse Lane and in the vicinity of Brooms Mill Farm.

(h) the provision within the site of a water supply as appropriate for the agreed

dust suppression measures and sufficient number of water bowsers and/or dust suppression equipment.

WORKING HOURS

9. Operations authorised by this consent shall be restricted to the following periods:

07.00 hours to 19.00 hours Monday to Friday 07.00 hours to 13.00 hours Saturday

With the exception of pumping, no operations including the maintenance of vehicles

and plant or working shall take place outside these hours or at any time on Bank, or other public holidays, save in cases of emergency when life, limb, or property are in danger. The Mineral Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working.

ACCESS AND PROTECTION OF THE PUBLIC HIGHWAY

10. Until the new junction onto the Road A68 is operational, in accordance with the details

agreed under Condition 3, vehicular access for all vehicles to and from the site shall be via the existing junction shown on Drawing No. 3 (or other subsequently approved drawing).

11. No extracted mineral shall leave the site or waste material imported to the site until the

access onto the A68 as shown on Drawing Nos. 3 and 6 (or other subsequently approved drawing) and passing places along Burnshouse Lane are fully constructed in accordance with the details agreed under Condition 3.

12. A speed limit of 15mph shall be adhered to at all times within the site and along

Burnshouse Lane. 13. The wheel cleaning equipment installed in accordance with Condition 3 shall be used

to ensure all vehicles leaving the site access as indicated on Drawing No. 3 (or other subsequently approved drawing) are thoroughly cleaned of mud before entering the public highway. At any times when transfer of mud or dirt onto the public highway occurs, vehicle movements shall cease until adequate cleaning measures are employed which prove effective, or weather and/or ground conditions improve with the effect of stopping the transfer, to the satisfaction of the Minerals Planning Authority.

14. There shall not be more than 80 heavy vehicle movements (40 in and 40 out) from the

site access on any day between Monday to Friday and no more than 40 heavy vehicle movements (20 in and 20 out) from the site access on a Saturday including those associated with Planning Permission No. 6/2006/0186CM (DCC Ref: CMA/6/28). This will be subject to an average of 62 heavy vehicle movements (31 in and 31 out) from the site between Monday and Saturday within any three month calendar period including those associated with Planning Permission No. 6/2006/0186CM (DCC Ref: CMA/6/28).

15. A record of all goods vehicles leaving the site shall be maintained by the operator and

a certified copy of this record shall be afforded to the Mineral Planning Authority within 2 working days of such a request.

16. The loads of all heavy goods vehicles leaving and entering the site shall be fully

covered by sheeting or otherwise fully contained as may be appropriate to the material. SOIL STRIPPING

17. The Minerals Planning Authority shall be given at least 48 hours notice (excluding

Sundays and Bank Holidays), in writing, of any intended phase of soil stripping.

18. All topsoil shall be stripped from any areas to be excavated, or used for the stationing

of plant and buildings, the storage of subsoil and overburden, haul roads, and other areas to be traversed by heavy machinery; such materials are to be set aside, carefully stored in defined areas, and maintained until required for restoration. The Mineral Planning Authority shall be given the opportunity to verify that the full depth of topsoil has been satisfactorily stripped prior to the commencement of subsoil stripping.

19. No plant or vehicles (with the exception of low ground pressure types required for

approved restoration works) shall cross any areas of unstripped soil except for the purpose of stripping operations.

20. Subsoil shall be stripped from areas to be excavated and areas used for the storage of

overburden, haul roads and other areas to be traversed by heavy machinery, and stored in accordance with the scheme required by Condition 3.

21. The stripping and movement of topsoil and subsoil shall only be carried out under

sufficiently dry and friable conditions, to avoid soil smearing and compaction, and to ensure that all available soil resources are recovered. Appropriate methods of soil stripping shall be separately agreed with the Mineral Planning Authority for any permanently wet or waterlogged parts of the site.

22. In each calendar year, soil stripping shall not commence on any phase until any

standing crop or excess vegetation has been removed, and the Mineral Planning Authority has been given reasonable notice (normally two working days), such works to proceed only subject to their approval.

23. No stripping, movement, replacement or cultivation of topsoil or subsoil shall be carried

out during the months of October, November, December, January, February and March inclusive without the prior consent of, by methods and for a period agreed with, the Mineral Planning Authority.

24. Topsoils, subsoils, and other soil making materials shall be stored according to their

quality or any approved soils stripping plan, in separate heaps which do not overlap. A minimum stand-off distance of 2 metres shall be maintained between soil storage mounds and the site boundary and/or site drainage ditches.

25. Once formed all soil heaps shall be grass seeded in accordance with a specification

agreed beforehand with the Minerals Planning Authority, and kept free from weeds, if the materials are not to be used within 3 months.

26. No topsoil, subsoil or soil making materials shall be removed from the site.

27. An annual soils management audit report shall be submitted by 31 January each year detailing all soil movements for the previous 12 months and include a plan showing the areas stripped of soild, the location of each heap and the quantity of material in it.

SITE WORKING

28. The area of land that shall be stripped of topsoil, subsoils and overburden to allow for extraction operations to proceed shall be no greater than 4 hectares within any of the individual phases as identified on Drawing No. 3.

29. At all times work should be carried out in line with an agreed method of working which

takes into account the best available information and techniques in relation to protected species, including the protection of such species during working and the restoration of the area to benefit wildlife as works are completed in any area. This should include reinstatement and creation of habitats to encourage the biodiversity of the area.

30. Overburden and soils shall only be stockpiled in the areas shown on Drawing No. 3 (or

other subsequently approved drawings submitted under the requirements of Condition 3), to heights not exceeding 3.5m for topsoil and 5m for subsoil.

31. Mineral shall only be stockpiled in the site support/processing area (phase 8) as shown

on Drawing No. 3 (or other subsequently approved drawing), and shall not exceed a height 4m for unprocessed materials and 6m for processed material up to 6m.

32. No works shall be carried out within 30m of the badger sett located to the south of the

site without a detailed survey by a qualified ecologist to ascertain the presence or absence of badgers. If badgers are found to be present, no works will be carried out until a suitable mitigation strategy is devised and agreed with Natural England and a DEFRA licence obtained.

33. No development shall take place unless in accordance with the method statements in

relation to bats, otter and water vole as detailed in Section E of the document entitled ‘An Extended Phase 1 and Protected Species Survey at Hummerbeck dated 18 November 2010’ by E3 Ecology Ltd.

34. No development shall take place unless in accordance with the mitigation strategy and

method statement in relation to breeding birds as detailed in Section 6 of the document entitled ‘An Ornithological Assessment of Land at Hummerbeck, West Auckland 2010’ by E3 Ecology Ltd.

35. The scrapes referred to in Condition 3 shall be created prior to the extraction of any

sand and gravel from the site, 36. There shall be no storage of materials, including soils, within areas of flood risk as

defined by the Environment Agency’s flood map. 37. Prior to the commencement of each phase of restoration to be undertaken that

calendar year, a comparison of pre-development and proposed restored ground levels within areas of flood risk as defined by the Environment Agency’s flood map, shall be submitted and approved in writing by the LPA to demonstrate no loss of floodplain onsite. Each phase of restoration will be carried out in accordance with the approved plans unless otherwise agreed in writing by the LPA.

38. There must be no new buildings, structures (including gates, walls and fences) or

raised ground levels within 5 metres of the top of any bank of watercourses. There must be no ground raising in the areas shown to be at risk from flooding.

39. There shall be no interruptions to surface water flows as a result of the development. Groundwater monitoring points (piezometers) should be installed along the length of the River Gaunless and Hummer Beck adjacent to the site boundary. The developer should continually assess the data, identifying any impacts to groundwater flows which may cause a detrimental impact on flows within the adjacent watercourses. If a detrimental impact on flow is observed the developer will stop quarrying activities, submit to the local planning authority all relevant water level data, including an interpretive report of the data and proposed actions/mitigating measures which should be agreed before site works are recommenced.

40. No waste shall be imported into the site other than inert construction waste for the

restoration of Areas 1 and 2 excavated adjacent to the West Auckland Bypass shall be imported to the site. All waste shall be handled in accordance with the scheme agreed under Condition 3.

41. No mineral shall be imported to the site with the exception of cement in the production

of concrete as permitted under Planning Permission No. 6/2006/0186CM (DCC Ref: CMA/6/28).

42. No burning of rubbish or waste materials shall take place at any time at the site, except

as may be required by the Mines and Quarries Act 1954 and any other relevant legislation.

43. If mineral extraction is to be suspended for a period of 6 months or more, then the

operator shall within 3 months give written notification to the Minerals Planning Authority together with proposals for an interim restoration of the quarry to the satisfaction of the Minerals Planning Authority. Written notification shall also be given to the Minerals Planning Authority prior to the resumption of mineral extraction following a temporary suspension.

44. In the event that mineral working is discontinued (i.e. winning and working or

depositing ceases for 2 years) prior to the full implementation of the development, a full reclamation scheme to include details of the reinstatement, aftercare and timescale for quarry restoration works shall be submitted to the Minerals Planning Authority within 27 months of the date working is discontinued. Such a revised restoration scheme shall be fully implemented within 6 months of its approval.

45. Details of the quantity and type of waste imported to the site annually shall be

submitted to the Waste Planning Authority. The period provided for shall be from 1 January to 31 December each year and the information shall be provided by 31 March for the preceding period.

SITE MAINTENANCE

46. From the date of these Conditions until final restoration of the site, the following shall

be carried out: (a) the maintenance of any gates and fences in a in a stockproof and secure

condition between any areas used for development, and adjoining agricultural land;

(b) the retention of fencing around trees and hedgerows;

(c) the care and maintenance of trees and hedgerows to be retained within the site boundary and treatment of those affected by disease, in accordance with accepted principles of good woodland management and good arboricultural practice (including the provision of protective fencing);

(d) the maintenance of all the hard surfaced access roads within the site, over

which licensed road vehicles operate, clean from mud;

(e) the maintenance of the access track along Burnshouse Lane;

(f) the maintenance of any drainage ditches, water treatment areas, and the clearance of mud and silt from water treatment areas to avoid reducing their capacity for intercepting sediment;

(g) All areas of the site, including undisturbed areas and all topsoil, subsoil, soil

making material and overburden mounds, shall be managed to minimise erosion and shall be kept free from injurious weeds (as defined by The Weeds Act 1959). Cutting, grazing or spraying shall be undertaken, as necessary and appropriate to the approved after-use of the land where the materials in mound are to be replaced, to control plant growth and prevent the build up of a seed bank of such weeds, or their dispersal onto adjoining land.

BUILDINGS, PLANT AND MACHINERY

47. Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country

Planning (General Permitted Development) Order 1995, no buildings, fixed plant, or machinery, other than previously approved by the existing relevant planning permission, shall be erected or placed on the site other than with the prior approval of the Minerals Planning Authority.

48. Plant and machinery on the site shall not be used to process, treat, or otherwise refine

materials other than those extracted from the site. ENVIRONMENTAL PROTECTION

NOISE

49. Except when temporary operations (soil stripping; soils handling; soil mound

construction and removal; soil replacement and construction and removal of the outerfaces of the overburden mound and improvements to the site access road) are taking place, the noise emitted from operations on the site shall not result in noise levels greater than those listed below at the properties/locations listed below and identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 3, between the hours set out in Condition 9.

Oakley Green 54dB LAeq, 1Hr (free field) Mayfield Walk Estate 52dB LAeq, 1Hr (free field) Hummerbeck Farm 55dB LAeq, 1Hr (free field) Bankfoot Farm 54dB LAeq, 1Hr (free field) Broom Mill 55dB LAeq, 1Hr (free field) Backsandsides Farm 54dB LAeq, 1Hr (free field)

50. Noise emitted as a result of temporary operations comprising: soil stripping; soils

handling; soil mound construction and removal; soil replacement and construction and removal of the outerfaces of the overburden mound and improvements to the site access road, shall not exceed 70dB LAeq, 1Hr (freefield) as measured at Oakley Green, Mayfield Walk Estate, Hummerbeck Farm, Bankfoot Farm, Broom Mill and Backsandsides Farm as identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 3, between the hours set out in Condition 9, the duration of such activities shall not exceed 8 weeks in relation to each of the respective noise monitoring properties in 12 month period.

51. The Mineral Planning Authority shall be given at least 48 hours notice in writing

(excluding Sundays and Bank Holidays), prior to the commencement of temporary operations (soil stripping; soils handling; soil mound construction and removal and soil replacement).

52. Noise monitoring shall be carried out in accordance with the scheme approved under

Condition 3. On request, the operator shall, within 2 working days furnish the Mineral Planning Authority with the particulars of the measurements recorded and the plant and equipment operating on the site at the time.

53. No plant or machinery shall be used on site unless it is fitted with an effective silencer

and has the doors or cowls of its engine(s) in the closed position. Pumps or generators at semi permanent or permanent locations shall be screened by acoustic barriers where appropriate. Plant shall have reversing bells in preference to sirens, but where sirens are used they shall operate in the high frequency range.

54. The details of reversing warning devices to be fitted to plant and machinery shall be agreed in advance with the Mineral Planning Authority and only the approved devices shall be used.

55. Advance notification of changes in the agreed working programme shall be given to

the Mineral Planning Authority. 56. All vehicles used on site shall be effectively silenced at all times in accordance with the

manufacturers' recommendations. DUST

57. The Dust Action Plan agreed in accordance with Condition 3 shall be implemented and

adhered to at all times and shall be reviewed at six-monthly intervals.

58. Before any mineral extraction commences, a water supply and dust suppression

equipment shall be provided. The dust control equipment installed shall be used at all times to suppress dust on the site arising from all operations, including vehicular movements, excavation and demolition and crushing operations, mineral, soils and overburden stockpiling arrangements and soil spreading operations. At such times when the equipment provided and the provisions in the Dust Action Plan are not sufficient to suppress dust arising from the site, operations shall cease until additional equipment is provided and found to be adequate.

Dust suppression measures employed may include:

i) the provision of mobile water bowsers; ii) the use of dust filters on all fixed plant and machinery; iii) a speed limit of 15 mph on all internal haul roads, with no plant having exhausts

pointing downwards; iv) all haul roads and areas used for the storage of soils and overburden shall be

watered during dry, windy weather conditions; v) areas which will be untouched for more than three months shall be seeded with

a quick growing cover crop. 59. Monitoring of dust levels shall be carried out by the operator in accordance with the

Dust Action Plan agreed in accordance with Condition 3. On request the operator shall, within two working days, furnish the Mineral Planning Authority with the particulars of the measurements recorded.

SURFACE WATER DRAINAGE AND POLLUTION CONTROL

60. Oil, petrol, diesel oil, lubricant or paint shall only be stored within the site within an

impervious bund or enclosure able to contain a minimum of at least 110% total volume of liquid stored. The discharge of such material to any settlement pond, ditch, stream, watercourse or other culvert is not permitted. All filling and distribution valves, vents and sight glasses associated with the storage tanks shall be located within the bunded area.

61. Throughout the period of operations and reclamation, all necessary measures shall be

taken to the satisfaction of the Minerals Planning Authority to ensure that the flow of surface water run off onto and off the site is not impeded nor the quality of water affected to the detriment of adjoining land and that no silting, pollution or erosion of any watercourse of adjoining land takes place.

ITEMS OF ARCHAEOLOGICAL INTEREST 62. The developer shall afford access at all reasonable times to any archaeologist

nominated by the Mineral Planning Authority, and shall allow him to observe the excavations and record items of interest and finds throughout the operational areas.

PROGRESS REPORT 63. The operator shall provide the Mineral Planning Authority with a biennial written report

detailing operations taking place at the site during the preceding 24 month period. The report shall identify any difficulties with operations and/or of complying with the planning requirements which may have been encountered at the site during the relevant period.

RECLAMATION AND REINSTATEMENT

64. Restoration of the site shall be in complete accordance with the approved documents

in Condition 1 and schemes agreed to in accordance with subsequent conditions in this schedule (or other subsequently approved documents).

65. In accordance with the reclamation requirements, all areas of hardstanding, including

site compounds, access road and haul roads, shall be broken up and removed from the site or buried at sufficient depth not to affect the final restoration of the site.

66. In accordance with the restoration requirements, all fixed equipment, machinery, and

buildings shall be removed from the site. 67. The operator shall furnish the Minerals Planning Authority, every 12 months

commencing at a date 12 months from the date of this schedule of conditions, a topographical survey showing the extent of progressive restoration and levels following infilling, at 2 metre contour intervals and a written statement on the progress of tipping that shall also identify any difficulties with operations.

68. In the event of insufficient waste material being available to achieve the approved

restoration contours for the site at the time of the expiry of Phases 1 and 2 as detailed under Condition 3, the operator shall review the approved working and restoration details and alternative working and restoration details for the site shall be agreed with the Minerals Planning Authority in order to achieve restoration of the site in accordance with the timescale for each phase of restoration as specified in the details approved under Condition 3 and any necessary works shall be carried out to ensure that working and restoration is in full accordance with revised details.

REPLACEMENT OF OVERBURDEN 69. The final placement of overburden into the voids of completed workings shall be

graded to prevent the material becoming saturated and waterlogged. 70. Overburden shall be replaced to such levels, and in such a way that, after the

replacement of subsoil and topsoil, the contours of the restored land conform with the approved restoration contours.

71. The Mineral Planning Authority shall be notified when Condition 70 has been complied

with, and shall be given an opportunity to inspect the surface before further restoration works are carried out.

REPLACEMENT OF SUBSOIL 72. The Mineral Planning Authority shall be notified, with at least 48 hours' notice

(excluding Sundays and Bank Holidays) prior to each phase of subsoil replacement. 73. Prior to the replacement of subsoil, the surface onto which it is to be placed shall be

scarified to alleviate compaction, and surface picked of any stones or other materials capable of impeding normal agricultural or land drainage operations.

74. The material stripped and stored in accordance with Condition 20 shall only be

respread when it, and the ground onto which it is to be placed, are in a sufficiently dry condition.

75. No movement, replacement or cultivation of subsoil shall be carried out during the

months of October, November, December, January, February and March inclusive, without the prior consent of, by methods and for a period agreed with the Mineral Planning Authority.

76. After Condition 70 has been complied with the soil and/or soil making material stripped

and stored in accordance with Condition 20 shall be respread in accordance with the scheme submitted in accordance with Condition 3(a) as appropriate to the intended after-use.

77. Each layer formed in accordance with Condition 76 shall be rooted and cross rooted to its full depth by a heavy duty subsoiling implement with winged tines set no wider than 600mm apart. Any non-subsoil type material, or stones larger than 225mm in any dimension, shall be removed from the surface and not buried within the respread subsoil.

78. All areas of exposed subsoil, not previously excavated, shall be rooted to 450mm

depth at 600mm spacings to relieve compaction, and surface picked to remove any obstructions to cultivation as defined by Condition 77.

79. The Mineral Planning Authority shall be given the opportunity to inspect each stage of

the work completed in accordance with Conditions 77 and 78 prior to further restoration being carried out, and shall be kept informed as to the progress and stage of all works. A record plan of the progress of restoration shall be maintained at the site office.

80. Following compliance with Conditions 77 and 78, the surface shall be graded to ensure

that, after replacement of topsoil in accordance with Condition 84 the contours of the landform conform with the approved restoration contours.

REPLACEMENT OF TOPSOIL 81. The Mineral Planning Authority shall be notified, with at least 48 hours' notice

(excluding Sundays and Bank Holidays) prior to each phase of topsoil replacement.

82. The respreading of topsoil shall only be carried out when the material and the ground on which it is to be placed are in a suitably dry and friable condition, and there shall be sufficient time for subsoiling, cultivation and reseeding to take place and be completed under normal weather conditions before the end of September.

83. No movement, replacement or cultivation of topsoil shall be carried out during the

months of October, November, December, January, February and March inclusive, without the prior consent of, by methods and for a period agreed with, the Mineral Planning Authority.

84. After Condition 80 has been complied with, topsoil shall be respread in accordance

with the scheme submitted in accordance with Conditions 3 as appropriate to the intended after-use to a form corresponding to the contours shown on the approved restoration plan.

85. The Mineral Planning Authority shall be given the opportunity, with 48 hours advance

notice, to inspect each stage of the work completed in accordance with Condition 84 prior to further restoration being carried out, and shall be kept informed as to the progress and stage of all works. A record plan of the progress of restoration shall be maintained at the site office.

Maintenance of Site Restoration Records 86. During the whole restoration period, the developer shall maintain on site separate

plans for the purpose of recording successive areas of overburden, subsoil, and topsoil replacement approved by the Mineral Planning Authority in accordance with Conditions 71, 80 and 85 above.

87. Within 3 months of the restoration of the final topsoil layer, the developer shall make

available to the Mineral Planning Authority a plan with contours at sufficient intervals to indicate the final restored landform of the site, together with a record of the depth and composition of the reinstated soil profiles.

AFTERCARE 88. The aftercare period referred to in the following conditions is a period of 5 years after

the replacement of soils or soil making material in accordance with Condition 85 for the whole of or smaller manageable blocks of those parts of the site and shall be in complete accordance with the approved documents in Condition 1 and schemes subsequently agreed to in accordance with Condition *.

ANNUAL REVIEW 89. Before 30 September of every year, or such other date agreed with the Mineral

Planning Authority, during the aftercare period not less than 4 weeks prior to the annual review meeting held in accordance with Condition 90, a report conforming to the requirements of MPG 7, (Annex A, paragraphs A67 and A70), shall be submitted by the developer to the Mineral Planning Authority and Natural England (or successor), recording the operations carried out on the land since the date of soil replacement operations were completed, or previous aftercare meeting, and setting out the intended operations for the next 12 months (including works to rectify failures, and identified as necessary by the Mineral Planning Authority as a consequence of preceding site meeting, held in accordance with Condition 90).

90. Every year during the aftercare period the developer shall arrange to attend a site

meeting to be held before 30th November, to discuss the report prepared in accordance with Condition 91, to which the following parties shall be invited:

(a) the Mineral Planning Authority;

(b) Natural England (or successor); (c) all owners of land within the site; (d) all occupiers of land within the site; (e) representatives of other statutory and non-statutory bodies as

appropriate. The developer shall arrange additional aftercare meetings as required by the Mineral

Planning Authority. CULTIVATION AFTER REPLACEMENT OF TOPSOIL 91. As soon as the ground is sufficiently dry following the satisfactory replacement of

topsoil and compliance with Condition 85, the land shall be subsoiled, using an agricultural winged tine subsoiler, operating at a depth and tine spacing agreed beforehand with the Mineral Planning Authority.

92. At least seven days notice of the intention to carry out the works required by Condition

91 shall be given to the Mineral Planning Authority, such works only to proceed subject to their approval.

93. Any stones lying on the surface after compliance with Condition 91, which are larger

than would pass through a wire mesh with a spacing of 100mm, together with other objects liable to obstruct future cultivation's, shall be removed from the site.

94. Following compliance with Condition 93, the land shall be worked to prepare a

seedbed suitable for the sowing of grass seeds or other approved crop. During the cultivation process any stones lying on the surface which are larger than would pass through a wire mesh with a spacing of 100mm, together with other objects liable to obstruct future cultivation's, shall be removed from the surface and either buried below the subsoil or removed from the site.

95. As soon as practicable following compliance with Condition 94, and no later than the

end of September, the land shall be sown with a short-term grass seed mixture or other approved crop, the details of which shall have been submitted to and agreed in writing with the Mineral Planning Authority prior to the commencement of topsoil replacement.

• Where adverse weather conditions or other delays prevent compliance with Condition 95, alternative treatment of the reinstated soils, to stabilise these over the winter period shall be agreed beforehand with the Mineral Planning Authority.

PROVISION OF SURFACE FEATURES 96. Once the development authorised by this planning permission has commenced, the

site shall thereafter be restored in complete accordance with the Drawing No. 7 (or other subsequently approved drawing). From the date of commencement of the aftercare period on any part of the site:

i) the installation of water supplies for livestock shall be completed within 12

months; ii) the erection of stock-proof fences and gates shall be completed within 24

months; iii) stone walls and access tracks shall be completed within 24 months (and prior

to the commencement of any underdrainage installation or alternative time to be agreed in advance in writing with the Mineral Planning Authority);

iv) hedgerows shall be planted within the first available season following the

completion of soils replacement (which runs between 1 November and 31 March); and

v) proposed woodland areas shall be sown with an agreed grass seed mix within

the first available season. Trees shall then be planted in suitably prepared ground during the next available planting season (which runs between 1 November and 31 March).

97. The works referred to in Condition 97 shall be carried out in accordance with details set

out in the report prepared in accordance with Condition 3. The Mineral Planning Authority shall be given a minimum of 4 weeks notice, prior to commencement, and following completion of the above works.

DRAINAGE AND WATER SUPPLY 98. Following the completion of each phase of restoration, surface drainage works

(including watercourses, field boundary ditches, and surface grips) shall be installed as soon as practicable following soils replacement, to intercept run-off, prevent soil erosion, and avoid flooding of the land. During each calendar year, such drainage works shall be completed prior to the end of September, and maintained or improved throughout the aftercare period.

99. A comprehensive agricultural field drainage system, conforming to the normal design

criteria for restored land, and in accordance with a scheme to be approved beforehand by the Mineral Planning Authority, shall be installed in the proposed agricultural land shown on Drawing No. 7 (or other subsequently approved drawing) and land proposed for such after-use under the scheme subsequently agreed under Condition 3 at a time to be agreed no earlier than the first annual aftercare meeting, and no later than 24 months from the commencement of the aftercare period.

100. At least 7 days notice of the intention to commence works to the installation of

underdrainage approved in accordance with Condition 3 shall be given to the Mineral Planning Authority; such works to proceed only subject to their approval.

101. Within three months following the installation of the approved underdrainage, two copies of both the final drainage record plan and up-to-date site survey plan (showing final restoration contours at 2 metre intervals), shall be forwarded to the Mineral Planning Authority (one of each of which shall be passed to Natural England).

CULTIVATION AFTER INSTALLATION OF FIELD DRAINAGE 102. As soon as the ground is sufficiently dry after compliance with Condition 100, the

agricultural land shown on Drawing No. 7 (or other subsequently approved drawing) and land proposed for such after-use under the scheme subsequently agreed under Condition 3 shall be subsoiled, using an agricultural winged tined subsoiler, operating at a depth, and tine spacing agreed beforehand with the Mineral Planning Authority. During the cultivation process, any exposed stones larger than 100mm in any dimension, together with other objects liable to obstruct future cultivation shall be removed from the surface and not buried within the restored soil profile.

103. At least seven days notice of the intention to carry out the works required by Condition

103 shall be given to the Mineral Planning Authority, such works only to proceed subject to their approval.

104. Following compliance with Condition 103, the agricultural land shown on the approved

Drawing No. 7 (or other subsequently approved drawing) and land proposed for such after-use under the scheme subsequently agreed under Condition 3 shall be worked to prepare a seedbed suitable for the sowing of grass seeds or other crop approved by the Mineral Planning Authority. During the cultivation process any stones lying on the surface which would pass through a wire mesh with a spacing of 100mm, together with other objects liable to obstruct future cultivation, shall be removed from the surface and not buried within the restored soil profile.

105. By no later than the end of August following compliance with Condition 105, the

agricultural land shall be sown with a long-term grass seeds mixture, the basis of which shall be perennial ryegrass and white clover. Details of the mixture including species and seed rate shall be agreed with the Mineral Planning Authority before sowing commences.

ESTABLISHMENT AND MAINTENANCE OF GRASS SWARD 106. During the aftercare period the following shall be carried out in respect of the

agricultural land shown on the approved the approved Drawing No. 7 (or other subsequently approved drawing) and land proposed for such after-use under the scheme subsequently agreed under Condition 3:

(a) the soil shall be tested annually, and fertiliser and lime shall be applied in

accordance with good agricultural practice, and a rate targeted to achieve the following nutrient levels under the Index System described in the latest version of the Ministry of Agriculture, Fisheries and Food Leaflet RB209 "Fertiliser Recommendations" or equivalent.

Potash - Index 2 Phosphate - Index 2 pH - 6.0

(b) reseeding any areas where a grass sward fails to become well established with an approved species mixture.

(c) the grass sward to be reduced to 50 – 100mm in length by cutting or grazing

before the end of October (d) the condition of the grass sward to be inspected annually, with appropriate

measures taken to control weed infestation. (e) no vehicles, (with the exception of low ground pressure types required for

approved agricultural work), machinery or livestock shall be permitted on the land during the months of November, December, January, February and March, without the prior consent of the Mineral Planning Authority.

CONSERVATION AND/OR AMENITY AREAS 107. A detailed specification including a modified programme of soil respreading, cultivation,

seeding, fertilising and cutting shall be separately agreed with the Mineral Planning Authority, prior to the commencement of the aftercare period, for any approved conservation and/or amenity areas.

MAINTENANCE OF HEDGES AND TREES 108. Hedges and trees planted in accordance with Condition 97 shall be maintained during

the aftercare period in accordance with the scheme approved under Condition 3, in accordance with good woodland and/or agricultural practice, such maintenance to include the following:

(a) the early replacement of all dead, damaged or diseased plants. (b) weeding early in each growing season, and as necessary thereafter to prevent

the growth of plants being retarded. (c) maintaining any fences around planted areas in a stock proof condition. (d) appropriate measures to combat all pests and/or diseases which significantly

reduce the viability of the planting scheme. COMPLETION AND AFTERCARE 109. No later than 6 months prior to the target date for the completion of aftercare on any

part of the site, the developer shall prepare a report on the physical characteristics of the restored land, and in respect of the agricultural land shown on Drawing No. 7 (or other subsequently approved drawing) and land proposed for such after-use under the scheme subsequently agreed under Condition 3, incorporating proposals to demonstrate to the satisfaction of the Mineral Planning Authority, that by the end of the aftercare period, this will be restored, so far as it is practicable to do so.

110. The period of aftercare shall be deemed to have been successfully completed

following a period of 5 years effective management, after compliance with Condition 85 for the whole of or smaller manageable blocks, as confirmed in writing by the Mineral Planning Authority.

PROPOSED CONCRETE BATCHING PLANT SCHEDULE OF CONDITIONS APPROVED DOCUMENTS

1. The development hereby approved shall only be carried out in accordance with the

following documents (subject to matters agreed under subsequent conditions in this schedule):

a. Planning application form dated 25 April 2006 b. Drawings:

• Plan number A1-7158-A entitled ‘Outline of Concrete Batching Plant Model – Antar 2000 Builder’,

• Plan number A3-14395-D entitled ‘Outline of Low Level 50t Silo’ and ‘Ocmer Special 4 brochure’ Concrete Batching Plant Model)

• Drawing No. 1 entitled ‘Concrete Batching Plant Location Plan’

• Drawing No. 2 entitled ‘Location of Concrete Batching Plant’ MATTERS REQUIRING SUBSEQUENT APPROVAL

2. The development hereby approved shall also only be carried out in accordance with a

scheme or schemes to be agreed, in writing, with the Mineral Planning Authority, which shall, amongst other matters, include provision for the matters listed below.

a) A noise control scheme to reduce noise emissions at source and monitoring scheme including the exact locations of noise monitoring points and proposed monitoring frequency and reflecting guidance in MPS2. The locations of noise monitoring points should be chosen so as to ensure that the possibility of off-site noise affecting measurements is reduced to a minimum.

b) A definitive Dust Action Plan including the exact locations of dust monitoring points and proposed monitoring frequency and methodology and reflecting guidance in MPS2 that incorporates a dust control scheme.

c) Details of the concrete batching plant including dimensions (dimensions shall not exceed those shown on a plan number A1-7158-A and entitled ‘Outline of Concrete Batching Plant Model – Antar 2000 Builder’, plan number A3-14395-D and entitled ‘Outline of Low Level 50t Silo’ and ‘Ocmer Special 4 brochure’ Concrete Batching Plant Model) and colour to be erected in the location shown on Drawing No. 1 entitled ‘Concrete Batching Plant Location Plan’ and Drawing No. 2 entitled ‘Location of Concrete Batching Plant’.

d) Details of any illumination associated with the concrete batching plant, designed to avoid light spill into the surrounding countryside.

COMMENCEMENT

3. The development hereby approved must commence not later than three years from the

date of this certificate.

4. At least seven days notice of the date of commencement of the development shall be

given, in writing, to the Mineral Planning Authority.

COMPLETION

5. The concrete batching plant hereby approved must be discontinued upon the

cessation of mineral extraction under the provisions of Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9) or 8 years from the date of this certificate whichever is the earlier, the associated equipment removed, and the area of land used for the development reinstated to its condition existing before commencement or in accordance with the restoration scheme agreed in accordance with Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9). If use of the concrete batching plant is discontinued before the expiry of this period the associated equipment shall also be removed and the land reinstated to its condition existing before commencement, and the development shall be deemed to have been completed.

WORKING HOURS

6. Operations authorised by this consent shall be restricted to the following periods:

07.00 hours to 19.00 hours Monday to Friday 07.00 hours to 13.00 hours Saturday

No operations including the maintenance of vehicles and plant or working shall take place outside these hours or at any time on Bank, or other public holidays, save in cases of emergency when life, limb, or property are in danger. The Mineral Planning Authority shall be notified as soon as is practicable after the occurrence of any such operations or working.

ACCESS AND PROTECTION OF THE PUBLIC HIGHWAY

7. No deliveries of cement or dispatch of concrete shall take place until the new junction

onto the A68 and passing places along Burnshouse Lane are fully constructed in accordance with the details agreed under Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9).

8. A speed limit of 15mph shall be adhered to at all times within the site and along

Burnshouse Lane. 9. The wheel cleaning equipment installed in accordance with Planning Permission Nos.

CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9) shall be used to ensure all vehicles leaving the site access are thoroughly cleaned of mud before entering the public highway. At any times when transfer of mud or dirt onto the public highway occurs, vehicle movements shall cease until adequate cleaning measures are employed which prove effective, or weather and/or ground conditions improve with the effect of stopping the transfer, to the satisfaction of the Minerals Planning Authority.

10. There shall not be more than 80 heavy vehicle movements (40 in and 40 out) from the site access on any day between Monday to Friday and no more than 40 heavy vehicle movements (20 in and 20 out) from the site access on a Saturday including those associated with Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9). This will be subject to an average of 62 heavy vehicle movements (31 in and 31 out) from the site between Monday and Saturday within any three month calendar period including those associated with Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9).

11. A record of all goods vehicles leaving the site shall be maintained by the operator and

a certified copy of this record shall be afforded to the Mineral Planning Authority within 2 working days of such a request.

12. The loads of all heavy goods vehicles leaving and entering the site shall be fully

covered by sheeting or otherwise fully contained as may be appropriate to the material. Site Operations 13. No mineral shall be imported to the site with the exception of cement for the production

of concrete. 14. With the exception of cement, the concrete batching plant shall not be used to used to

process, treat, or otherwise refine materials other than those extracted under Planning Permission Nos. CA45082 and APP/5200/A/6696 as Reviewed (Reference MRA/6/9).

ENVIRONMENTAL PROTECTION

NOISE

15. Noise emitted from the plant shall not result in noise levels greater than those listed

below at the properties/locations listed below and identified in the Noise Monitoring Scheme agreed in writing with the Mineral Planning Authority under Condition 2(a), between the hours set out in Condition 6.

Oakley Green 54dB LAeq, 1Hr (free field) Mayfield Walk Estate 52dB LAeq, 1Hr (free field) Hummerbeck Farm 55dB LAeq, 1Hr (free field) Bankfoot Farm 54dB LAeq, 1Hr (free field) Broom Mill 55dB LAeq, 1Hr (free field) Backsandsides Farm 54dB LAeq, 1Hr (free field)

16. Noise monitoring shall be carried out in accordance with the scheme approved under

Condition 2(a). On request, the operator shall, within 2 working days furnish the Mineral Planning Authority with the particulars of the measurements recorded and the plant and equipment operating on the site at the time.

17. No plant or machinery shall be used on site unless it is fitted with an effective silencer

and has the doors or cowls of its engine(s) in the closed position. Pumps or generators at semi permanent or permanent locations shall be screened by acoustic barriers where appropriate. Plant shall have reversing bells in preference to sirens, but where sirens are used they shall operate in the high frequency range.

18. The details of reversing warning devices to be fitted to plant and machinery shall be agreed in advance with the Mineral Planning Authority and only the approved devices shall be used.

19. All vehicles used on site shall be effectively silenced at all times in accordance with the

manufacturers' recommendations. DUST

20. The Dust Action Plan agreed in accordance with Condition 2(b) shall be implemented

and adhered to at all times and shall be reviewed at six-monthly intervals. 21. Before the use of the concrete batching plant commences, a water supply and dust

suppression equipment shall be provided. The dust control equipment installed shall be used at all times to suppress dust on the site arising from all operations associated with the concrete batching plant. At such times when the equipment provided and the provisions in the Dust Action Plan are not sufficient to suppress dust arising from the site, operations shall cease until additional equipment is provided and found to be adequate.

Dust suppression measures employed may include:

vi) the provision of mobile water bowsers; vii) the use of dust filters on all fixed plant and machinery; viii) a speed limit of 15 mph on all internal haul roads, with no plant having exhausts

pointing downwards; 22. Monitoring of dust levels shall be carried out by the operator in accordance with the

Dust Action Plan agreed in accordance with Condition 2(b). On request the operator shall, within two working days, furnish the Mineral Planning Authority with the particulars of the measurements recorded.

SURFACE WATER DRAINAGE AND POLLUTION CONTROL

23. Oil, petrol, diesel oil, lubricant or paint shall only be stored within the site within an

impervious bund or enclosure able to contain a minimum of at least 110% total volume of liquid stored. The discharge of such material to any settlement pond, ditch, stream, watercourse or other culvert is not permitted. All filling and distribution valves, vents and sight glasses associated with the storage tanks shall be located within the bunded area.

REASONS FOR THE RECOMMENDATION

Review under the Environment Act 1995

i. The proposed comprehensive scheme of conditions for working and restoring will secure overall up-dated standards and controls in line with the requirements of the Environment Act 1995. The conditions make appropriate provision for working, restoration and aftercare and generally accord with the County Council's standard format, and are necessary to ensure that future extraction operations and restoration are undertaken in an environmentally acceptable way, but without any fundamental effect upon the economics of the proposed operation.

The concrete batching plant

i. The proposed concrete batching plant would be located within the boundary of a permitted mineral extraction site. The development would be ancillary to the primary use of the site for mineral extraction and this can be ensured through condition. The proposal would accord with MLP Policy M50.

ii. Given that the proposal is related to a permitted mineral extraction permission the

impacts of the development would not be significantly detrimental to the appearance of the area or to residential amenity and wider environmental concerns including visual impact, biodiversity, dust, noise, discharges to watercourses, public rights of way and traffic and transportation effects and can be adequately controlled through conditions and appropriate mitigation measures in accordance with MLP Policies M24, M35, M38, M42, M43 and M50.

iii. The objections, concerns and reservations expressed about the proposed

development have been taken into account but are not considered sufficient to outweigh the overall acceptability of the scheme in planning terms. This view is generally reflected in the response of statutory consultees and suitable controlling measures can be put in place to ensure these environmental concerns are managed and mitigated as part of the development in accordance with MLP Policies M24, M35, M38, M42, M43 and M50.

BACKGROUND PAPERS

− Submitted application forms and plans and subsequent information provided by the applicant.

− Planning Policy Statements/Guidance and Minerals Policy Statements. − Submitted application forms and plans and subsequent information provided by the

applicant. − North East of England Plan Regional Spatial Strategy to 2021 (RSS) July 2008. − County Durham Minerals Local Plan (December 2000). County Durham Waste Local

Plan (April 2005). − Statutory, internal and public consultation responses.

Planning Services This map is based upon Ordnance Survey material with the permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005

MRA/6/9 CMA/6/28 (6/2006/0186CM) 1. Environment Act 1995 Review of Old Mineral Planning Permissions - Application for determination of conditions relating to sand and gravel extraction

2. Proposed concrete batching plant At Hummerbeck, West Auckland Date October 2011 Not to Scale