Agenda item

The Minerals Planner introduced the report to the Committee and confirmed that Planning Permission had already been granted for the extraction of Limestone from the site and the report was an update on that permission.

 

Some new or amended conditions had been provisionally agreed  with the operator following the submission of the schedule of the environmental statement.   However the final working of the conditions would be  agreed with the operator following the committee meeting.

 

Members thanked the Minerals Planner for the clear report and presentation and requested more information regarding the impact of the works on local residents of noise, dust and vibration.  As the site was on the border of the National Park some of those residents impacted lived in the area covered by Derbyshire County Council (DCC), not the National Park Authority.    DCC were monitoring the impact on those homes. There were two properties within the National Park Authority boundaries that were affected by the noise from the cement plant which is controlled by a separate agreement. The conditions as set out in the report are almost identical to those set out by DCC for the area outside the National Park boundary and are compatible.

 

The 17% biodiversity net gain is measured by an assessment of the current application site. Ecological officers and consultants use a Government set calculator based on the habitat units currently identified.

 

Members requested that Officers looked into a restoration bond with the site owners to ensure that if the company were to fold the work to restore the land would still take place.    Officers agreed to discuss this with the operators.

 

A motion to approve the recommendation to agree in principal and to grant officer delegation was moved, seconded, put to the vote and carried.

 

RESOLVED

That the Committee agreed, in principle the following scheme of conditions and granted to the Head of Planning delegated authority to reach final agreement on the conditions with the Applicant.

 

1.    The development hereby permitted shall be carried out and completed in all
respects strictly in accordance with the terms of this permission.

 

2.    A copy of the decision notice with the approved plans and any subsequentlyapproved documents shall be kept at the Doveholes site office at all times and the terms and contents of them shall be made known to the supervising staff on site. These documents shall be made available to the Mineral Planning Authority on request during normal working hours

 

3.    These conditions shall apply to the whole area of the site outlined in red on
plan drawing reference numbers 21-07/P4/DOV/1 to which former planning
permission ref 1986/9/16 and HPK0697092 relates and shall supersede the sole
planning condition contained in that consent.

 

4.    For the purpose of Condition 3, the approved documents for this planning
consent shall comprise:

·         Planning Statement ROMP 24.03.22 FINAL as updated

·         140107_002.018_DH019b_Gutted Quarry-Final Restoration Masterplan

·          dov_mod1021_pw-2500_a0;

·          21-4-0951 Geological Summary Report;

·          220309_002.018_DH048_Beelow Diversion Restoration Techniques;

·          220309_002 018_Beelow Lane diversion RoMP__Explanation of
Restoration Tech;

·          CEMEX Dove Holes SCI Mar 22;

·          dov_mod1021_pw_1250_b;

·         21-07-P4-DOV-4 Aerial Site Plan;

·         21-07-P4-DOV-3- Aerial - Location Plan;

·          21-07-P4-DOV-2A Site Plan

·          21-07-P4-DOV-1- Location;

·          21-4-0951_BELOW_CURENT REV4;

·          220309_002.018_DH046_Beelow Diversion_Section A-A';

·          21-4-0951_BEELOW_END 2025 REV4;

·          21-4-0951_BEELOW_END 2022 REV4;

·          21-4-0951_BEELOW_END 2022 REV4;

·          21-4-0951_BEELOW_END 2030 REV4;

·          21-4-0951_BEELOW_END 2040 REV4

·          220309_002.018_DH044_Doveholes Quarry Final Restoration
Masterplan;

·          ES - Chapter 9 Air Quality FINAL;

·          ES Vibration chapter 10 - Final - 07.03.22;

·         TP - Dove Holes Peak Park RoMP HIA - Chapter 6.

5.    The applicant shall notify the Mineral Planning Authority in writing within sevenworking days of the commencement of the development

 

6.    Extraction of minerals and the deposit of any mineral waste on the site shallcease by 22 February 2042. On or before that date, all mineral extraction operations shall have ceased and the quarry shall be restored in accordance with the conditions contained in this consent.

 

7.    Except in emergencies to maintain safe site operations which shall be notifiedto the Mineral Planning Authority as soon as practicable, no lights shall be illuminated (other than security lighting) nor shall any operations or activities authorised or required by this permission be carried out except between the
following times:

1.Site Development and Surface Restoration:

 

a)    This includes site preparation, plant and services installation,soil stripping, bund formation and removal, surface restoration works, site clearance and access removal:
0700hrs – 1900hrs Monday to Friday
0700hrs – 1300hrs Saturday

 

b)    Drilling
0700hrs – 1900hrs Monday to Friday
0700hrs – 1900hrs Saturday

 

c)    Blasting
1000hrs – 1800hrs Monday to Friday

 

d)    Limestone extraction, loading of materials and theirtransportation
0500hrs – 2000hrs on any day

 

8.    Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development (England) Order 2015 or any subsequent revisions,
modifications, revocation or re-enactment, no buildings, plant or machinery, structures or erections required for the winning, working, treatment, preparation for sale, consumption or utilisation of mineral under this consent shall be erected on the site without the prior written approval of the Mineral Planning Authority.

 

9.    During the life of this permission the site shall be securely fenced and gated inorder to prevent unauthorised access. Such fencing and gate(s) shall be maintained to the satisfaction of the Mineral Planning Authority throughout the life of the planning permission.

 

10.  At such time as they are no longer required for the approved development, all plant and structures, other installations, tanks, machinery and temporarybuildings shall be dismantled and permanently removed from the site.

 

11.  The sole means of vehicular access to and egress from the site shall be throughthe adjoining Doveholes site and via the existing access road off Dale Road, Doveholes, Brixton.

12.  In the event that mineral operations are temporarily suspended for a period
exceeding 2 years, then within 24 months from the suspension of mineral
extraction an interim restoration scheme for the site and timetable for its
completion shall be submitted for approval to the Mineral Planning Authority and implemented thereafter.

 

13.  In the event that mineral operations permanently cease prior to the full
implementation of the approved scheme, a revised scheme to include details of restoration, aftercare and the timescale for the completion of the restoration works, shall be submitted for approval to the Mineral Planning Authority within 12 months of the permanent cessation of working.

 

14.  Prior to soil stripping operations and the formation of storage mounds a
scheme for grass seeding and management shall be submitted for the written approval of the Mineral Planning Authority. The seeding and management of the storage mounds shall be carried out in accordance with the approved details.

 

15.  Topsoil, subsoil and overburden shall be stored separately. The position of
these storage mounds to be agreed in writing with the Mineral Planning
Authority before any soil stripping operations commence. Where such
materials are not to be used directly for restoration purposes, they shall be
placed in separate storage mounds.

 

16.  The stripping and movement of soils shall be restricted to occasions when thesoil is in a suitably dry and friable condition and the ground is suitably dry to allow the passage of heavy vehicles.

 

17.  No plant or heavy vehicles (with the exception of agricultural vehicles) shall
traverse over any areas of unstripped topsoil except for the purpose of
stripping operations.

 

18.  All stored topsoil, subsoil and overburden shall be seeded during the first
available season with an appropriate seed mix to be agreed in writing with the Mineral Planning Authority before soil stripping operations commence.

 

19.  All soil and overburden shall be retained on site for use in its reclamation.

20.  The site shall be kept be kept clear of noxious and invasive weeds during
extraction and restoration works to be satisfaction of the Planning Authority. These species are:

21.  American skunk cabbage; Chilean rhubarb; Curly waterweed; Floating
pennywort; Giant hogweed; Himalayan balsam; Nuttall’s waterweed; Parrot’sfeather; Alligator weed; Asiatic tearthumb; Balloon vine; Broomsedge bluestem; Chinese bushclover; Chinese tallow; Common milkweed; Crimson fountaingrass; Eastern baccharis; Fanwort; Floating primrose-willow; Golden wreath wattle; Japanese hop; Japanese stiltgrass; Kudzu vine; Mesquite; Perennial veldt grass; Persian hogweed; Purple pampas grass; Salvinia moss; Senegal tea plant; Sosnowsky’s hogweed; Tree of Heaven; Vine-like fern; Water hyacinth; Water-primrose; Whitetop weed.

 

21.  All operations for the winning and working of minerals, restoration works and ancillary operations and development shall be carried out in such a manner asto minimise the generation of dust, and suitable dust prevention and control measures shall be implemented and maintained at all times during the carrying out of the approved development. At such times as any operation gives rise to unacceptable levels of dust leaving the site, that operation shall be temporarily suspended until such time as conditions improve or the operation can be effectively controlled.

 

22.  From the date that these conditions come into effect, the dust mitigation andmonitoring procedures set out in the Air Quality chapter (9) of the
Environmental Statement submitted alongside the ROMP application shall be fully implemented and thereafter complied with at all times for the remainder of the development.

 

23.  Dust from the site shall be monitored in accordance with a scheme that has
received the written approval of the Mineral Planning Authority. The scheme, which shall be submitted no later than 3 months prior to the commencement of mineral operations shall be implemented as approved by the Mineral Planning Authority, shall include details on the following:

 

a)    Measures to be used to reduce dust

b)    Monitoring Objectives

c)    Location, number and type of dust gauge monitors

d)    Duration and frequency of monitoring

e)    Proposed analysis of contents

f)     Provision of results to be made available to the Mineral Planning Authority

g)    Trigger levels and an action plan in the event of levels being exceeded.

h)    Mitigation measures if required

i)     Proposals for implementing, reviewing and updating the scheme
A programme of implementation.

 

24.  Subject to paragraph (a) to this Condition, the received noise levels as
measured at each of the potentially noise sensitive properties as identified in column 1 of the table below and on Figure 1 of the Noise Assessment Appendices (submitted with the ES) shall not exceed the corresponding noise level limits expressed in dB LAeq, 1hr (free field) set out in columns 2 – 4 of the table as a result of the continuation of the development permitted by the relevant permissions.

 

a.    During noisy short term activities at the site, the received noise level
limits, as measured at each of the noise sensitive properties identified in column 1 of the table below, may exceed the limits set out in columns 2 to 4 of the table below during the daytime only for periods not exceeding a total of 8 weeks in any period of 12 months during the remainder of the development. During these periods, the received noise levels shall not exceed 70dB (A) LAeq, 1 hour free field. For the purposes of this condition, noisy short term activities are considered to be such activities as ‘soil-stripping, the construction and removal of baffle mounds, soil storage mounds and spoil heaps, construction of new permanent landforms and aspects of site road construction and maintenance’ as referred to in the National Planning Practice Guidance or any successor document.

 

Noise Sensitive Peceptor	Daytime (0700 – 1900) Maximum Noise Limit (dB LAeq, 1H)	Evening (1900 – 2200) Maximum Noise Limit (dB LAeq, 1H)	Night time (2200 – 0700) Maximum Noise Limit (dB LAeq, 1H)	Temporary Works Maximum Noise Limit (dB LAeq, 1H)
Lower Barnmoor Farm	50	49
Ridgeclose Farm	50	45
Lodesbarn Farm	55	45	42	70
The Meadows	52	52
Oak House Farm	50	49

 

25.  From the date that these conditions come into effect, a Noise Action Plan shall be submitted for the prior approval of the Planning Authority. The noisemitigation and monitoring procedures set out in a Noise Action Plan shall be fully implemented and thereafter shall be complied with at all times for the remainder of the development.

 

26.  All vehicles, plant and machinery operated at the site shall be maintained in accordance with the manufacturers specifications at all times and shall be fitted with effective silencers. No such plant shall be operated with all its covers open or removed.

 

27.  Ground Vibration as a result of blasting operations shall not exceed a peak particle velocity of 6 mm/sec in 95% of all blasts measured over any period of 6 months and no individual blast shall exceed a peak particle velocity of 12mm/sec as measured at the site boundary to the nearest potentially vibration sensitive buildings (as illustrated by Figure 2 in the Vibration Appendices to the Vibration Chapter 10 contained in the accompanying ES to the application) which are:

Lower Barnmoor Farm;

Ridgeclose Farm;

Lodesbarn Farm;

The Meadows;

Oak House Farm;

The measurement shall be the maximum of three mutually perpendicular directions taken at the ground surface. Data from vibration monitoring will be made available to the Authority annually, or at any time upon request.

 

28.  No secondary blasting, including face dressing, shall be carried out without theprior written approval of the Mineral Planning Authority.

 

29.  Prior to the commencement of mineral extraction operations, a Vibration ActionPlan shall be submitted and approved by the Mineral Planning Authority. This plan shall include the necessary the measurement shall be the maximum of three mutually perpendicular directions taken at the ground surface. Data from vibration monitoring will be made available to the Authority annually, or at any time upon request.

 

30.  Details of the location, height, design, sensors and luminance of externallighting (which shall be designed to minimise the potential nuisance of light spillage on adjoining properties, highways and pollution of the sky) shall be submitted to and approved in writing by the County Planning Authority before any external lighting is used on site. Any scheme that is approved shall be implemented for the duration of the development and no development shall take place other than in accordance with the approved scheme.

 

31.  There shall be no clearance of trees, scrub, hedgerows or grassland during thebird nesting season (i.e March to August inclusive) in any year unless otherwise approved in writing by the Mineral Planning Authority.

 

32.  During operational periods of quarry development that take place within thebird nesting season, a cliff nesting bird survey of the site shall be conducted to determine the presence, location, and breeding status of any peregrine falcon, raven or other cliff nesting birds within the site, in particular, where nest site(s) are identified, a100m buffer area shall be implemented until such time an ecologist has confirmed nesting has ended.

 

33.  An eDNA test for Great Crested Newts will be carried out in ponds P2 and P4(as defined by Figure 1 of the Pond Assessment submitted with the Environmental Statement) prior to the commencement of soil stripping operations. Should the test return a positive result a full population survey for Great Crested Newts will be conducted and the results submitted to the Authority. Where GCN’s are found to be present a mitigation and working strategy will be submitted to the Authority, for the written approval of the Authority before any soil stripping operations commence. A scheme of restoration and enhancement will be submitted for ponds P2 and P3 will be submitted to the Authority for approval within 12 months of the result of the eDNA tests becoming available.

 

34.  Prior to commencement of soil stripping operations in association with mineralextraction a Construction Environmental Management Plan (CEMP) shall be submitted for the approval of the Mineral Planning Authority. The CEMP shall include provision for:

 

(i) A Method Statement describing how construction impacts to
nesting birds will be avoided

(ii) A Method Statement describing how impacts on brown hare shall
be limited

(iii) Method Statement for the creation and establishment of new
habitats such as calcareous grasslands, conservation grassland and
pond restoration.

(iv) Badger updates surveys and licence for sett closure and
disturbance

(v) A scheme of mitigation for bats reflecting those set out in
Technical Appendix 7.5 of the submitted ES (with particular regard for
lighting design and foraging).

 

35.  Prior to the commencement of soil stripping operations in association with mineral extraction a Landscape and Ecology Management Plan (LEMP) shall be submitted for the approval of the Mineral Planning Authority. The LEMP shall include provision for:

 

a.    Monitoring of badgers and nesting birds and badgers;

b.    Updates to the Habitat Management Plan and Twite Conservation

c.    Management Plan (the LEMP should integrate the Twite Conservation Plan);

d.    Monitoring of habitats and key species;

e.    The LEMP should include provision for the creation of grasslands

including those which will specifically benefit Skylarks;The LEMP should integrate the Twite conservation plan;

f.     Integration of the final restoration scheme into the abovedocuments.

 

36.   Within 12 months of the date that these conditions come into effect a Twite Conservation Management Plan shall be submitted for the approval of the Mineral Planning Authority setting out details of further survey work, details of a five yearly review, and proposed mitigation measures to support the species.

37.  Within 12 months of the date that these conditions come into effect, a
comprehensive Habitat Management Plan shall be submitted to the Mineral Planning Authority for its approval. The scheme shall have regard to the mitigation measures set out in Chapter 12 Ecology and Biodiversity of the accompanying ES to the application and the comments of the PDNPA on the submission relating to ecology.

 

38.  The phased restoration of the site and the off-site compensation habitat
creation will take place in accordance with the details and timescales specified in “Figure 12-3 – Compensation Proposals – CEME02-5 CC 020322” “Beelow Quarry ROMP Extension_BNG Statement_Dec22” and “ROMPext_Biodiveristy Metric 3.1”, which seek to achieve a 17.36% increase in the number of habitat units over the life of the development.  A Biodiversity Net Gain calculation shall be submitted to the MPA for consideration prior to the completion of restoration works in each phase and prior to the commencement of soil stripping operations in the next phase. The restoration of any phase will be agreed only upon written confirmation of the MPA. If a minimum of 10% increase in habitat units is not achieved over the course of the phased restoration then an additional Habitat Creation Plan shall be submitted to the MPA to be agreed in writing.

 

39.  Should a Habitat Creation Plan be required, it shall be implemented in fullaccordance with the approved details and timescales set out within it. Final restoration of the site is required to be confirmed in writing by the MPA.

 

40.  Within 12 months of these conditions coming into effect, a Geology Action Planshall be submitted to the Mineral Planning Authority for its written approval and shall include the following:

 

a)    A survey of the Beelow Quarry Regionally Important Geological site
(RIGS).

 

b)    A report identifying the key features of the Beelow Quarry RIGS and
proposals to ensure the permanent inclusion of stretches of exposed face within the restoration of the quarry, and;

 

c)    A programme of implementation

 

41.  Throughout the period of working and restoration, provision shall be made asnecessary for the collection, treatment and disposal of all water entering or arising from the site.

 

42.  There should be no interruption to the surface water and field drainage systemsof field drainage supplies surrounding the site except for any necessary diversion or rearrangement of them as part of the proposed development.

 

43.  Any facilities for the storage of oils, fuels or chemicals shall be sited on
impervious based and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. All filling points, vents and gauges must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, and or underground strata. Associated pipe-work shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund.

 

44.  Within 12 months of the date of these conditions coming into effect Water Management Scheme which should include provision for monitoring should be
submitted for the approval of the Mineral Planning Authority.

45.  No development shall take place until a detailed design and associated
management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

 

a.    Cemex. (July 2021). Dove Holes Quarry Flood Risk Assessment, CMP
07/04/2022 and drawing Cemex. (July 2021). Schematic Water Management, 21-07/M/DOV/3, including any subsequent amendments or
updates to those documents as approved by the Flood Risk
Management Team;

 

b.    And DEFRA’s Non-statutory technical standards for sustainable
drainage systems (March 2015);

 

Have been submitted to and approved in writing by the Authority.

46.

a)    No development shall take place until the Applicant has submitted a Written Scheme of Investigation for a phased programme of archaeological work covering both field evaluation and mitigation has been submitted to and approved by the National Park Authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfactionof the National Park Authority. The WSI may require updating prior to the commencement of any mitigation works. The scheme shall include an assessment of significance and research questions and:

i. The programme and methodology of site investigation and recording;
ii. The programme for post investigation assessment;
iii. Provision to be made for analysis of the site investigation and recording;
iv. Provision to be made for publication and dissemination of the analysis
and records of the site investigation;
v. Provision to be made for archive deposition of the analysis and records
of the site investigation;
vi. Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

 

b)    No development shall take place other than in accordance with the
archaeological Written Scheme of Investigation approved under condition (a).

 

c)    The development shall not commence until the site investigation and postinvestigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been
secured.

 

47.  Any items of archaeological or scientific interest discovered during the courseof excavations should be prepared to the Mineral Planning Authority within 48 hours of being discovered. Subject to giving 24 hours prior notice, safe access shall be afforded to the County Archaeologist, or other such archaeologist as may be nominated by the County Archaeologist, at reasonable times to observe
soil stripping and excavation operations and record finds of archaeological interest.

48.  The development shall be restored in accordance with the approved
Restoration Plan Reference 140107_002.018_DH019b_Gutted Quarry-Final Restoration Masterplan, 21-4-0951_BEELOW_END 2022 REV4; 21-4--0951_BEELOW_END 2025 REV4; 21-4-0951_BEELOW_END 2030 REV4; 21-4-0951_BEELOW_END 2035 REV4; 21-4-0951_BEELOW_END 2040 REV4). The restoration works shall be implemented in accordance with the principles set out in the Restoration Techniques document found at Appendix 8 of the Planning Statement.

 

49.  Before the commencement of soil stripping operations in each phase of theextraction operation, a detailed restoration plan/scheme for the that phase will be submitted to the MPA to be agreed in writing. No soil stripping operations shall commence until the operator receives the written approval of the detailed restoration plan/scheme from the MPA. The restoration plan will include surface treatments, soil application, species mix for planting and habitat creation. The restoration of the site will then take place in strict accordance with the approved plans and timescales. The operator will give the MPA written notice within 7 days of the commencement of operations in each phase.

 

50.  A scheme of aftercare to be agreed with the Mineral Planning Authority
detailing the steps that are necessary to bring the land to the required standard shall be implemented for a period of 5 years following completion of restoration works. The scheme should include:

a) The designated areas of the intended after uses of the whole site

b) The timing and pattern of vegetation establishment including species to be planted, grass seeding mixtures and application rates, stock types and size, spacing, method and position of planting

c) Boundary/dry stone wall construction

d) Fertiliser, lime application and weed control based on soil analysis as
necessary including chemical analysis

e) Drainage proposals including timing of installation work, maintenance works or temporary drainage measures including ponds and wetlands

f) Grassland management including timing of grazing stock, livestock, stocking density and mowing practices

g) Watering facilities and provision of supplies as necessary including
watercourses field ditch systems and piped field under-drainage as necessary

h) The assessment of the introduction of areas to be restored to amenity/nature conservation and its application to local biodiversity objectives

i) The creation, management and maintenance of any paths, tracks or roads

j) Any other agricultural, silvicultural or conservation treatment particularly relevant to the site

k) To provide annually a formal review to consider the restoration and aftercare operations which have taken place on land during the previous year, and the programme of management for the following year. The review shall include a meeting or series of meetings as necessary which shall include the operator, the owners of the land and the Mineral Planning Authority; and

l) At least four weeks before the date of each annual review the Operator shall provide the Mineral Planning Authority with a record of the management and operations carried out on the land during the period covered by the review.

 

51.  On the first day of and every February and October, unless otherwise agreed inwriting by the Mineral Planning Authority, after these planning conditions take effect until the cessation of the development, an aftercare meeting shall be
convened between the site operator and representatives of the Mineral Planning Authority to review the progress of the development of the site and in particular any restoration and/or aftercare proposed to commence or be completed that year.

 

52.  Any trees or plants which within a period of 5 years from the completion of therestoration die, are removed, or become seriously damaged or diseased, shall be replaced with another of a similar size and species during the next available planting season.