Agenda item

The Officer introduced the report. 

 

Restoration works were due to be completed by 2015 but for various reasons this did not happen, so the applicant was asking to extend the period of restoration for a further 20 years to November 2035, to restore the Bow Rake/High Rake areas of Longstone Moor back to limestone heath, and to allow the continuation of underground mining at Watersaw Mine for the same period. 

 

Members raised concern over the 20 years asked for, and the effect it would have on the local communities, but were satisfied that there was no other option because of the rate at which infill material is produced by Cavendish Mill.

 

The Officer recommendation to approve the application was moved, seconded, put to the vote and carried.

 

 

RESOLVED:

 

 

That the application Code No: NP/DDD/0815/0780 be APPROVED subject to:

 

1.         The prior completion of a Section 106 legal agreement whereby the applicant and all those with an interest in the application site formally agree to:

 

(i)        to procure, provide and maintain a restoration bond: retention and continuation of a restoration bond to the  value of £400,000 (index linked);

 

(ii)       the restoration bond to be set out in accordance with a specified schedule included in the agreement;

 

(iii)      the development to be carried out only in accordance with this new  planning permission;

 

(iv)      in the event of default of any party in carrying out restoration/aftercare works, to permit the MPA or its appointed contractors to enter the land and the tailings structures to complete the works and access material to do this if necessary;

 

(v)       to set up a a programme of water sampling from Sallet Hole Mine adit and nearby springs north of the application site within the Coombs Dale SSSI, for the duration of the restoration to formally assess flow rates and turbidity; and to  undertake additional water quality monitoring  should an increase in turbidity be identified;

 

(vi)      the provision of a series of interim restoration schemes (plans) for years 2, 4, 8, 10, 12, 14 and 16    the interim schemes to include a number of different profiles to account for the possible range in void space to be restored, dependent upon when the clause might have been triggered during the course of the planning permission, ;(with provision to submit for approval at a later date amendments to the plans to have regard to the progress in the restoration at that time) in the event of financial issues preventing completion of the approved restoration works;

 

(vii)     if either there is (a) early cessation of working or (b) if the company fail to procure or maintain in force a restoration bond, then to undertake the Restoration and Aftercare works in accordance with a predetermined set of interim restoration schemes;

 

(viii)    the relinquishment / revocation of the old planning permissions as follows:

 

a)  the revocation of planning permission Code No: NP/DDD/0804/0947 [for  non-compliance with condition 3 of permission NP/DDD/1100/0473 (Consolidating application for the opencast and underground extraction of vein mineralisation, including crushing and sale of limestone, import of processed mineral waste tailings for restoration, surrender of consented area, variation of conditions and small extension area) to read: Unless otherwise agreed in writing by the Mineral Planning Authority (MPA) or subsequently amended by the requirements of the conditions of this consent, the working, stockpiling, tipping, restoration and aftercare of the site shall be carried out only in accordance with the working and phasing plans and the accompanying details submitted in application NP/DDD/1100/473, except as subsequently amended by the working and phasing plans and accompanying details submitted in application NP/DDD/0804/0947, and by the conditions attached to permission NP/DDD/0804/0947 for the extension of Arthurton West. In order to facilitate restoration of the extension with stone overburden from Bow Rake/High Rake and to secure the early restoration of Arthurton West with limestone overburden exported from the extension site, Longstone Edge] without compensation;

     

b) the revocation of planning permission Code No: NP/DDD/0805/0818 [for  

surface facilities for Watersaw Mine and maintenance depot for Longstone Edge opencut operations, Sallet Hole No 2 Mine, Watersaw Compound, Longstone Moor without compensation;

 

c) no compensation to be sought for deemed revocation of the existing planning permissions.

 

2. Conditions covering the following matters:

 

•           Commencement – development to commence within three years from the date of permission.

 

•           Duration – restoration of Bow Rake/High Rake, complete cessation of underground mineral extraction in Watersaw Mine and restoration of the mine compound and Longstone Moor by 30 Nov 2035.

 

•           Operating programme – in accordance with submitted details.

 

•           No opencast extraction, strictly limited to underground extraction only.

 

•           Submission of annual surveys, volumetric analyses and annual statements summarising works undertaken in last 12 months and detailed programme of works for following 12 months.

 

•           Underground programme of working / timetable and phasing, of underground extraction; details to be submitted in advance of any resumption of underground working.

 

•           Advance notice of commencement of phases of underground working.

 

•           Mine surface subsidence – methodology for pre-determination and detailed measures to minimise surface collapse, proposals to remediate any collapses including infilling and restoration of any collapse features that occur, and habitat re-establishment and aftercare on the restored ground - details to be submitted in advance of any resumption of underground works.

 

•           Protection of Longstone Moor SSSI from surface subsidence, and in the event of surface subsidence in the offshoot veins of Watersaw Rake within the SSSI, underground operations to cease pending approval (in consultation with Natural England) and implementation of a scheme for remedial work (per the above bullet point) and variation to the mining method / working scheme to avoid further subsidence.

 

•           Archaeology – imposition of existing conditions modified as appropriate, and submission for prior approval of a full appraisal of the effects of the development on cultural heritage and archaeological interests, to include: detailed plans of the mineral veins to be worked; the fenced buffer zone to be applied at surface; the location of the adjoining SSSI and features of designated and non-designated archaeological interest; detailed methodology of underground extraction including underground backfilling and identification of buffer zones to be applied around features of archaeological/ landscape/ botanical importance; re-appraisal of the stand-off to be applied to the Bowl Barrow Scheduled Monument (in consultation with Historic England); and Implementation of the approved Programme of Archaeological work in accordance with a Written Scheme of Investigation – all prior to any resumption of underground working.

 

•           Output and assay analyses of underground mineral (in the event that Watersaw Mine recommences).

 

•           Geological and geotechnical reporting, including regular reporting of condition of RUPP adjacent to Bow Rake/High Rake and annual submissions of geotechnical reports for Watersaw should underground operations re-commence.

 

•           Site access, visibility splays and lorry routing as per submitted details.

 

•           Watersaw Mine: no mining activity to take place until a Transport Management Plan or method statement has been submitted and approved in consultation with the Local Highway Authority. The approved plan/statement shall be adhered to throughout the mining period and shall include a programme of pre-commencement and regular surveys of affected public highways, including Rights of Way, and any necessary remedial works that may be required as a direct result of the mining activity traffic, routes for mining activity traffic, method of prevention of debris being carried onto the highway, pedestrian/ cyclist/ equestrian protection, proposed temporary traffic restrictions and arrangements for turning vehicles.

 

•           Surfacing and parking areas.

 

•           No equipment, plant or vehicles to be stored/parked in the Watersaw Mine compound other than those used in carrying out the approved development.

 

•           No vehicles, plant or equipment with a height exceeding 6.5m to be stored within the Watersaw Mine compound.

 

•           Drainage control / control of the rate of surface water from the site.

 

•           No discharge of foul or contaminated surface water or trade effluent.

 

•           Vehicle maintenance only on impermeable areas.

 

•           Control of storage of oils, fuels, chemicals.

 

•           Vehicle cleaning.

 

•           Numbers and timing of vehicles limitation – maintain existing limits of 154 (77 in / 77 Out).

 

•           Limitation on vehicle numbers carrying secondary limestone arising from Watersaw Mine (should underground mining recommence).

 

•           Maintenance in good condition of traffic warning signs for users of the PROW network and haulage operatives for the duration of the development.

 

•           Lorry sheeting (control of dust) in the event of any limestone being removed from within Watersaw mine.

 

•           Restriction of permitted development rights.

 

•           Interim restoration scheme for the Watersaw mine compound providing for the implementation of works at an early stage of the development, to include identification of redundant buildings / plant to be removed (clarifying those which need to remain) and interim measures to reduce visual impact.

 

•           Scheme for control and maintenance of external appearance of buildings/plant, including within the Watersaw Mine compound, maintenance of Goosewing Grey colour on external surfaces of retained mine buildings, and replacement cladding/sheeting as necessary .Hours of working – maintain as per existing permission.

•           Soil management – identify any existing soil resources across site.

 

•           Waste for restoration limited to tailings arising from Cavendish Mill processing plant or host limestone rock from Bow Rake/High Rake.

 

•           No mineral processing on site.

 

•           No retailing.

 

•           No floodlighting.

 

•           Fencing.

 

•           Implementation of an approved dust emissions monitoring scheme to include the number and location of dust monitoring gauge points, frequency of monitoring and presentation of results, and dust deposit threshold monitoring .Dust management / mitigation measures to reduce dust generation, including provision and use of water bowsers, the EHO requirements to  dampen down internal site roads and storage heaps, and response measures if dust deposition exceeds defined trigger levels including if necessary temporary cessation of operations.

 

•           Noise levels per existing consent except that a lower limit of 42 dB be imposed between the hours of 22:00 and 06:00 hours and an appropriate night time limit in connection with Watersaw operations should they resume.

 

•           Noise minimisation measures to include (inter-alia)use of silencers, restriction of reversing bleepers, regular maintenance of plant and machinery (including bearings lubrication and integrity of silencers), operatives to avoid misuse of equipment and tools and be sensitive to the proximity of dwellings, avoidance where practicable of two or more noisy operations undertaken simultaneously in close proximity to the same sensitive receptor(s), adherence to working hours, avoid revving of engines, engines not to be left idle, switching off plant when not in use.

 

•           Blasting – limited to underground operations only, or restoration blasting.  Blast monitoring scheme for underground extraction and restoration blasting including blast monitoring locations, frequency of monitoring, equipment to be used and procedures to be adopted if vibration exceeds the limits imposed.

 

•           Existing controls on blasting times and audible warnings.

 

•           Protection of surface and ground water, safe storage fuels, oils etc.

 

•           Visual impact – limitations on mobile plant parking.

 

•           Safeguarding of Scheduled Monument No. NHLE No. 1,010,801 with buffer zone.

 

•           Notification of geological/speleological interest.

 

•           No underground working beneath Longstone Moor SSSI without prior notification to, and approval in advance from, the MPA in conjunction with Natural England.

 

•           A Wildlife Mitigation Scheme for measures to protect from harm and minimise or avoid disturbance to species and habitats,  incorporating a Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures for protected species, to include strategies to reduce impacts upon breeding / nesting birds and mitigation methodologies to protect Great Crested Newts and reptiles (including bird and newt refuge and reptile survey(s) immediately prior to commencement / resumption of each working period with provision to delay work when present for protection procedures),  detailed bat swarming surveys and impact assessment on breeding/hibernating bats at the mine to inform mitigation prior to recommencement of operations at the mine,  to be submitted for approval and brought into effect prior to the recommencing the infilling and re-profiling of Bow Rake / High Rake. 

•           Landscaping – protection of existing trees, hedgerows etc. Submission for approval and implementation of a Landscape and Ecological Management Plan (LEMP) / Habitat Management Plan (to include evaluation of features to be managed, ecological trends and constraints, management objectives, and a detailed work schedule of management actions) covering the 20 year infill period and statutory five year aftercare period thereafter.

 

•           Implementation of the approved aftercare programmes for Deep Rake and Arthurton West.

 

•           Implementation of the approved restoration schemes for Longstone Moor/ Watersaw Rake, Coombes Dale and Sallet Hole, Strawberry Vein haul road.

 

•           Submission of detailed restoration and aftercare schemes for Bow Rake/High Rake, based upon the revised scheme / Restoration and Aftercare Management Plan submitted with this application within 6 months of approval date.

 

•           Implementation of approved restoration and 10 year period aftercare schemes on Bow Rake/High Rake and Strawberry Vein haul road. All plant, machinery, hardstandings, buildings, foundations to be removed from site, removal of the Watersaw Mine compound, and restoration of the compound to approved levels, on or before 30 Nov 2035, whichever is sooner.

 

2.         That authority be delegated to the Head of Development Management and the Head of Law jointly to determine the details of the section 106 legal agreement.

 

3.         That authority be delegated to the Head of Development Management to approve the final details of the conditions.

 

4.         That authority be delegated to the Head of Law to issue a revocation order(s) in relation to the previous planning permission(s) NP/DDD/0804/0947,  NP/DDD/0804/0946, and NP/DDD/0805/0818 described at above.

 

 

The meeting was adjourned at 11.20am for a short break and reconvened at 11.30am