Lean Quarry Landfill and Materials Recycling Facility … · Page 4 of 26 2. Details of Site Monitoring Visit Site Name and Address: Lean Quarry Landfill and Materials Recycling Facility,

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for

Lean Quarry Landfill & Materials Recycling Facility, Horningtops, Liskeard, PL14 3QB

On 12.03.2014

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non compliance with this condition continue. Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the Operator or this Authority. Any continued non compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Enforcement Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 20041. Disclaimer It should be noted that apparent compliance with any condition at the time of a site visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit.

Amber Development was not considered to be compliant with the condition at the time of the site monitoring visit. Continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Red Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it was considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is considered that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is considered likely to be expedient should non-compliance with this condition continue.

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit

Site Name and Address: Lean Quarry Landfill and Materials Recycling Facility, Horningtops, Liskeard, PL14 3QB

Planning Permission(s): 09/00404/WAS dated 12.01.2010. Retrospective application seeking planning permission for the siting of two water storage tanks and associated pipework for facilitating odour control at the landfill site. The application also seeks to regularise the siting of a building associated with bird control at the site.

NR/08/00250/SEC73 dated 01.07.2008. To allow engineering developments associated with landfill site to be carried out between 0600 and 1900 hours Monday to Friday and between 0700 and 1500 hours on Saturdays annually from May to September inclusive.

CC/CN/00/0134/CN [CN26(15)] dated 01.03.2002. Proposed Integrated Waste Management Facility.

Legal Agreement(s): None Operator: Viridor Waste Management Site Status: Active

Type of Visit: Announced – chargeable visit

Visiting Officer/s: Stephanie Bowkett, Development Officer, Cornwall Council Date of Visit: 12.03.2013 Time on Site: 10:30 Time off Site: 12:00 Attendees: Mr Kelvin Pyke, Viridor Waste Management

Stephanie Bowkett, Development Officer, Cornwall Council Weather: Sunny, dry, light winds Ground Conditions: Damp, saturated in some places.

Report Author: Stephanie Bowkett, Development Officer, Cornwall Council

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3. Compliance with Planning Conditions NR/00/00131/WSWNV - CC/CN/00/00134/CN [CN26(15)] dated 01.03.2002. Proposed Integrated Waste Management Facility

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be commenced not later than the expiration of five years beginning with the date of this permission. Notes Following Visit This permission has been implemented. Records indicate landfilling commenced in August 2005.

Condition Number and Description Condition 2. Scope of the Permission

This permission authorises the following developments:- (i) extending the existing Materials Recovery Facility (MRF); (ii) operating the extended MRF 24 hours a day; (iii) importation and disposal of commercial, industrial and domestic wastes to restore the

quarry void and adjoining areas; (iv) ancillary developments including the construction and operation of leachate treatment

facilities, the establishment of a pipeline from the site to connect with the main sewer, and development of an electric generation facility and gas flare stack.

There shall be no development outside of the area dashed red on Drawing No. LE02246/002. Notes Following Visit (i) and (ii) The proposed MRF extension has not been implemented. (iii) The landfill and MRF continue to receive wastes. (iv) The details for the leachate treatment plant were approved in October 2012. Construction was completed by the end of November 2013 and the plant is up and running but due to the heavy rain over the past few months some leachate continues to be tankered off site. The electric generation facility has been developed and is fully operational. The use of land outside the area dashed red on Drawing No. LE02246/002. Drawing Number LE02246/002 identifies the approved permission area. Soils are stored on land to the south east of the landfill outside of the approved permission area. The Operator has indicated the soils have been stockpiled for future use in the restoration of the landfill but there doesn’t appear to be any planning permission providing for the use of this land. ACTION OPERATOR To remedy this breach in planning control the Operator should either:

(a) Submit a retrospective planning application seeking to regularise the use of the land for soil storage purposes. Further guidance on the Council’s pre-application advice service and the application forms can be found at: http://www.cornwall.gov.uk/default.aspx?page=25877 , or

(b) Remove the soils stored outside the permission area and reinstate the land.

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Condition Number and Description Condition 3. Adherence to Approved Scheme

Unless otherwise agreed in writing by the Waste Planning Authority (WPA) or required by conditions, no development shall be carried out except in accordance with the details included in the submitted application (dated 11 October 2000) the Further Information (dated 4 May 2001) and the approved plans (see attached schedule). 3056.01 Revision A Proposed site after restoration 3056.02,03,04 Cross sections 3057.01 Extension to MRF 3057.02 MRF extension elevations/sections LE02246/W2 Groundwater monitoring boreholes and surface water monitoring LE02246/W1 Hydrological plan LE02246/001 Site location LE02246/002 Existing situation LE02246/003 Geological situation LE02246/004 Geological cross sections LE02246/005 Phase 1 operations LE02246/006 Phase 2 operations LE02246/007 Phase 3 operations LE02246/008 Phase 4 operations LE02246/009 Phase 5 operations LE02246/010 Overview of containment phases LE02246/011 Final Restoration contours LE02246/012 Cross sections LE02246/013 Standard details (engineering) LE02246/014 Proposed compound layout LE02246/015 Proposed sub-station, switchroom and generator elevations 03 Proposed pipeline route to public sewer CN26(15)/A General Setting Notes Following Visit A review of the file has indicated there have been several amendments to the approved plans as listed below. Development/Phasings As letter dated 16.07.2004 the Local Planning Authority approved proposals to amend the site development/phasing plans to as shown in submitted document SLR 4B-036-103 dated March 2004. The following plans were approved: Drawing No LE1/1 – Proposed revised phasing for landfill development Drawing No LE1/2 – Phase 1 - Earthworks Drawing No LE1/3 – Landfill Development Phase 1 Sections Drawing No LE1/4 – Phase 2 - Earthworks Drawing No LE1/5 - Landfill Development Phase 2 Sections Drawing No LE1/6 – Proposed Groundwater Control System Drawing No LE1/7 – Installation Capping System Drawing No LE1/8 – Proposed Infrastructure Layout Drawing No LE1/8.1 - Proposed Infrastructure Layout – Cross Sections Waste is currently being tipped in cell 3 shown on Drawing No LE1/1. Photograph looking eastwards across the landfill showing the tipping in Cell 3

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However there have been a number of operational changes since these drawings were approved in 2004 and the development of the landfill is no longer in accordance with the approved drawings and the programme outlined in document SLR 4B-036-103 dated March 2004. The Operator submitted revised plans in February 2011, but there are no records to indicate these were approved. During this visit the Operator indicated further changes had taken place since the last revised plans were submitted. Give the current development of the landfill is no longer following the approved scheme the Operator should submitted revised plans and a revised working programme for consideration of approval. ACTION OPERATOR The development of the landfill is no longer following the approved drawings and working programme outlined in document SLR 4B-036-103 dated March 2004 and the Operator should submit revised plans and a revised programme for consideration of approval.

The following changes to the site’s infrastructure have been approved: Northern Flank Re-Cap The northern flanks of Cells 1 and 2 are capped with a plastic geomembrane. Some parts had been covered with restoration soils upon which vegetation had established. As letter dated 06.11.2012 the Operator requested permission to place an additional plastic capping layer above the restoration soils, as this area was prone to leachate emissions and continued investigations had incurred further damage to the capping system and had been inconclusive in identifying a source. The details were approved as email dated 13.11 2012 subject to plastic liner being black and being weighted down with tyres. A black liner is in place and is weighted down by tyres.

Electricity Generation Project A scheme for the development of the electricity generating project was approved as letter dated 17.07.2007. This also provided for revisions to the layout of the office, weighbridge, parking and internal access road and leachate treatment facility as shown on Drawing LQ023/MAY’07. The gas engine generation facility has been installed and is operational.

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MRF As letter dated 05.02.2008 the Local Planning Authority approved changes to the layout of the MRF building as shown on Drawing No LL/04/01 Rev B dated 07/01/08 and Drawing No LL/05/01 Rev A dated 30.11.07. The extension has not been implemented and the amended plans are not applicable at this time. Leachate Treatment Plan The layout for the leachate treatment facility was originally identified on Drawing No. LE02246/014. However the early installation of the electricity generation/gas flare facility, in advance of the leachate treatment system, resulted in an alternative site configuration. The revised site is now identified on approved Drawing LQ23/MAY’07. As letter dated 02.10.2012 the Operator submitted a revised proposal for the leachate treatment facility involving a tank based system rather than an open lagoon. The details were approved as email dated 04.10.2012 subject to the development being built in accordance with the following documents: - Letter from Alan Whipps to Tim Warne dated 02.10.2012 - Document titled ‘Lean Quarry – Integrated Waste Management Facility – Submission for Planning - Permission’ - Drawing D57007C101 Rev P3 Proposed Plant Layout - Drawing No. D57007C102 Rev P2 Proposed Site Sections - Within 1 month of the date of installation the tanks should be painted olive green (BS 4800, colour code 12-C-39) and they should be maintained that colour for the duration of the operations at the site. The construction of the leachate treatment plant was completed in November 20013. The leachate treatment plant is up and running but due to the heavy rain over the past few months some leachate is still being tankered off site.

Photograph showing the layout of the Leachate Treatment Plant

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Condition Number and Description Condition 4. Control of the Development Phases

Unless otherwise agreed in writing by the WPA, the Operator shall notify the WPA in writing within one month of the date of commencement and completion of the following:

(i) construction of the approved extension to the MRF; (ii) entering a new phase of tipping; (iii) completion of each tipping phase; (iv) completion of restoration of each tipping phase; (v) cessation of quarrying; (vi) cessation of roadstone coating/concrete batching activities; (vii) completion of the landscape/planting scheme; (viii) completion of final restoration under this planning permission; (ix) date for completion of aftercare.

Notes Following Visit (i) the extension to the MRF has not implemented (ii) waste is currently being tipped in cell 3 but there are no records to indicate notifications

were received when tipping commenced in cells 1, 2 or 3. (iii) no tipping phases have been completed (iv) no restoration phases have been completed (v) quarrying continues (vi) the roadstone coating/concrete batching activities have ceased and there are no records

to indicate notifications were received. (vii) landscape/planting scheme not completed; (viii) final restoration not completed (ix) aftercare not completed

Although most of the above have not been applicable yet, part (iii) has applied and but there are no records to indicate the Local Planning Authority was notified when tipping commenced in new cells. The Operator should be mindful of the requirements to notify the Local Planning Authority within one month of commencement of tipping in a new cell. The roadstone coating/concrete batching activities and similarly there are no records to indicate the Local Planning Authority was notified of the cessation.

Condition Number and Description Condition 5. Restoration of Tipping Restoring

Unless otherwise agreed in writing by the WPA, the site shall be fully restored in accordance with the approved plans not later than 27 years starting with the commencement of the Phase 1 operations. Notes Following Visit This condition identifies the site should be fully restored by 03.08.2032.

Condition Number and Description Condition 6. Matters for Agreement prior to the Commencement of the Development

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development, a scheme to safeguard water interests in the vicinity of the waste management site shall have been submitted to and been approved by the WPA. Such a scheme shall incorporate: (i) a water interest survey to include all springs, streams, ponds, wetlands and licensed and

unlicensed abstractions identified within 1 kilometre of the boundary of the site, and, (ii) the evaluation of the impact of the proposal on water interests in both the long and short terms,

and, (iii) the means by which any adverse effects, as revealed by the water interest survey or subsequent monitoring of the development can be mitigated, and subsequent implementation. Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 3 of submitted document ref 4B-036-103 dated March 2004.

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Condition Number and Description Condition 7. Approval of Drainage Works

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development the Operator shall have submitted to and had approved by the WPA a scheme for the provision of surface water drainage works. The drainage works shall be completed in accordance with an approved scheme of implementation and an agreed timetable. Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 3 of submitted document ref 4B-036-103 dated March 2004.

Condition Number and Description Condition 8. Phase 1 Operations

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development the Operator shall have submitted to and had approved by the WPA a scheme for the provision and implementation of a method of working for the excavations associated with the Phase 1 operations. Schemes for methods of working shall be submitted to and approved in writing by the WPA prior to the commencement of subsequent phases Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 2 of submitted document ref 4B-036-103 dated March 2004.

Condition Number and Description Condition 9. Agreement for disposal of Waste

Unless otherwise agreed in writing by the WPA, prior to the disposal of controlled wastes within the containment site, the Operator shall have submitted to and had approved by the WPA schemes for minimising the impact of scavenging birds and other vermin and for the control of windblown litter. The schemes shall be implemented for the duration of the development. Notes Following Visit The schemes were approved in letter dated 16.07.2004 and are identified in Appendices 3 and 4 in document ref 4B-036-103 dated March 2004. A large number of birds were present on the landfill during the visit, and whilst the Operator confirmed bird scaring practises were in place, the Operator should be mindful of the requirements of the scheme. A falconer building was regularised in December 2009 under permission 09/00404/WAS. Litter netting is in place around the periphery of the site, but as the cell receiving the waste has changed the netting needs to be relocated closer to the active cell.

Condition Number and Description Condition 10. Installation of New Pipeline

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying and associated excavations the Operator shall have submitted to and had approved by the WPA a scheme concerning the following:- (i) a comprehensive survey (a water interest survey) which should include all springs, streams,

ponds, wetlands and licensed and unlicensed abstractions within a corridor of width to be agreed with the WPA along the pipeline route, and

(ii) evaluation of the impact of the proposal on water interests in both the long and short term, and, (iii) the means by which any adverse effects, as revealed by the water interest survey or subsequent monitoring of the development can be mitigated, and, (iv) site investigation logs along the route of the pipeline, including any water strikes encountered. Notes Following Visit The scheme was submitted on 17.11.2005 and approved as letter dated 04.10.2006. The pipeline has been installed.

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Condition Number and Description Condition 11. Location of Pipeline Route

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying or associated excavations, the Operator shall have submitted to and had approved by the WPA in consultation with the Highways Authority and the Highways Agency a detailed scheme including precise location of the pipeline route, accommodation works, details of any pumping stations as may be necessary, fencing and traffic control. Notes Following Visit The details were approved as letter dated 17.05.2007.

Condition Number and Description Condition 12 Programme of Archaeological Work

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying or associated excavations, the Operator shall have secured the implementation of a programme of archaeological recording work in accordance with a written scheme of investigation that shall have been submitted to and been approved by the WPA. Notes Following Visit As letter dated 16.09.2005 the Local Planning Authority confirmed that the pipeline on Drawing PR2 essentially followed the public highway rather than crossing farmland and it was no longer considered necessary to undertake further archaeological investigations.

Condition Number and Description Condition 13. Route to the Main Sewer

Unless otherwise agreed in writing by the WPA, prior to the disposal of controlled waste within the containment site, the Operator shall have developed a leachate disposal system by constructing the pipeline route to the main sewer as indicated on Drawing No. 03. Notes Following Visit The construction of a leachate treatment plant was completed in November 20013. The leachate treatment plant is up and running but due to the heavy rain over the past few months leachate is still being tankered off site.

Condition Number and Description Condition 14. Nature Conservation

The Operator shall implement in full the mitigation measures set out in the Ecological Assessment of Lean Quarry (dated 8 July 2000) the Bat Roost survey of trees and quarry faces (dated January 2001) and the Summer Bat Detector Survey (dated August 2001). In addition there shall be no removal of trees and associated vegetation during the bird nesting season. Notes Following Visit No recent tree or vegetation removal has been carried out.

Condition Number and Description Condition 15. Dust and Odour

The Operator shall implement in full the dust and odour mitigation measures set out in the Environmental Statement and Dust/Odour (dated September 2000). Notes Following Visit The Local Planning Authority has not received any dust or odour complaints. However the operator should be mindful of the requirements set out in the Environmental Statement.

Condition Number and Description Condition 16. Leachate/Landfill Gas Monitoring

The Operator shall implement in full the leachate/landfill gas control measures as set out in the waste containment design and construction chapter of the application (dated September 2000.) Notes Following Visit These issues are monitored by the Environment Agency and the Pubic Health and Protection Team by means of their Permits.

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Condition Number and Description Condition 17 Types of Waste

Unless otherwise agreed in writing by the WPA, no wastes other than those wastes defined in the application (confirmed by the letter from Rowan Edwards dated 28 June 2001) shall be permitted to be received at the site. For the avoidance of doubt this means:-

(i) at the MRF the wastes shall not include materials other than from within Categories A, B1, B2, C, D and E;

(ii) at the containment landfill site the wastes to be disposed of shall not include materials other than from within Categories A, B1, B2, C and D.

Notes Following Visit The Environment Agency regulates the types of material permitted on site by means of the site’s permit.

Condition Number and Description Condition 18. Working Hours

Unless otherwise agreed in writing by the WPA, no tipping operations or excavation works associated with the containment landfill site shall be carried out on the site except between the following times:- between 0700 and 1700 hours Mondays to Fridays between 0700 and 1300 hours on Saturdays between 0700 and 1700 hours on the Saturday immediately following a Bank Holiday. There shall be no working on Sundays or Bank Holidays, unless otherwise agreed in writing with the WPA. The abovementioned working hours shall not apply to the MRF subject to the restriction on vehicle movements set out in condition No. 19 below. Notes Following Visit Application NR/08/00250/SEC73 was approved on 01.07.2008 allowing engineering developments associated with the landfill site to be carried out between 0600 and 1900 hours Monday to Friday and between 0700 and 1500 hours on Saturdays annually from May to September inclusive. Previously there have been several agreements for extended working hours as identified below but these have since expired: • As email dated 11.10.2012 the Local Planning Authority agreed a temporary dispensation to allow

capping operations to continue into the afternoon on Saturday 13.10.2012 up until 17.00 and on Sunday 14.10.2012 between 09.00 and 17.00.

• Letter dated 25.07.2006 - extended working hours authorised solely in relation to cell development work – valid until 30.09.2006.

• Letter dated 04.11.2004 – extended working hours authorised solely in relation to excavations, material and liner replacement operations within Phase 1 development area indicated on Drawing LE1/2 – valid until 30.11.2004.

• Letter dated 16.07.2004 – extended working hours authorised solely in relation to excavations, material and liner replacement operations within Phase 1 development area indicated on Drawing LE1/2 – valid until 30.09.2004.

Condition Number and Description Condition 19. Restriction of Movement Times

No heavy goods vehicle or other vehicle carrying waste shall enter or leave the area hatched yellow on Drawing No. CN26(15)/A except between the following times:- between 0700 and 1900 hours Mondays to Fridays between 0700 and 1300 hours on Saturdays Any exception to the abovementioned hours shall only be with the written approval of the WPA and the WPA shall be given at least 3 days notice of any proposed vehicle movements outside the abovementioned hours. Notes Following Visit The Operator is aware of their permitted hours and no complaints have been received.

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Condition Number and Description Condition 20. Noise

(i) Unless otherwise agreed in writing by the WPA, the total noise arising from the application area including quarrying, ancillary operations (coating and batching plants), preparation of the containment landfill site, landfilling, ancillary operations, (including gas flare and electricity generation) and the operation of the MRF shall not exceed the following:- between 0600 and 1900 hours Mondays to Fridays and between 0700 and 1500 hours on Saturdays a level of 55 dBA (1 hour) between 1900 and 2300 hours Mondays to Fridays and between 1500 and 2300 hours on Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1hour) between 2300 and 0600 hours Mondays to Fridays and between 2300 and 0700 hours on any other working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site.

(ii) At the cessation of quarrying, roadstone coating and concrete batching activities, as notified under the provisions of Condition No. 4 the total noise arising from the application site shall not exceed the following:-

between 0700 and 1700 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays or between 0700 and 1700 hours on Saturdays following Bank Holidays a level of 55 dBA (1 hour) between 1700 and 2300 hours Mondays to Fridays and between 1300 and 2300 hours on

Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1hour)

between 2300 and 0700 hours on any working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site.

Notes Following Visit The Local Planning Authority has not received any complaints in respect of noise levels.

Condition Number and Description Condition 21. Self Monitoring of Noise Levels

Where the WPA notifies the Operator that it has received a complaint about noise which is attributable to operations within the site, the Operator shall undertake self monitoring of noise levels and operations (in accordance with a specification to be agreed with the WPA) to demonstrate compliance with condition No. 20. The Operator shall keep comprehensive records of the required monitoring and analysis. The Operator shall, within 14 days of being required to do so by the WPA, supply to it, copies of the monitoring records, and permit access to all monitoring equipment at all times. Notes Following Visit The Local Planning Authority is not investigating any noise complaints and there are no requirements to self monitor at this time.

Condition Number and Description Condition 22. Amenity Protection

All practicable means shall be employed by the Operator for preventing or minimising the emission of dust, smoke, fumes, odours, litter and the creation of noise during the approved use of the site. The provisions of this condition include the installation of and maintenance of effective silencers on all plant and machinery. Notes Following Visit No issues were identified at the time of the visit and the Local Planning Authority is not investigating any complaints.

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Condition Number and Description Condition 23. Amenity Protection Continued

There shall be no burning of materials on the site except for wood in the Talbot ECM4 wood burner in the MRF or similar plant or machinery as may be subsequently approved in writing by the WPA. Notes Following Visit The Local Planning Authority is not investigating any complaints about of bonfires.

Condition Number and Description Condition 24. Access to Site Approved

All access to and egress from the site shall be by using the existing accesses hereby approved and which are indicated on the approved plan. Notes Following Visit The approved access route remains in use and there no other known accesses being used.

Condition Number and Description Condition 25. Maintaining Condition of Vehicles

Best practicable means shall be taken at all times to ensure that all vehicles leaving the working areas are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. In particular but without prejudice to the foregoing, efficient means shall be installed for cleaning wheels of lorries leaving the working areas. Notes Following Visit The access road outside of the entrance was clear of debris at the time of this site visit. The wheel wash was in use at the time of the visit.

Condition Number and Description Condition 26. Restrictions on Domestic Waste

No collected domestic waste shall be brought onto the site unless:- (i) detailed plans have been submitted to and approved by the WPA in consultation with the

Highways Agency relating to a safety scheme at the A38/B3252 junction (consisting primarily of a re-engineered right turning facility including carriageway surface treatment, safety barrier provision and additional signage and road markings); and

(ii) the approved safety scheme has been laid out and provided in accordance with the requirements of a Section 278 Agreement under the provision of the Highways Act 1980.

For the purposes of this condition the phrase collected domestic wastes refers to domestic wastes collected by District, Borough, City and/or County Councils. Notes Following Visit Improvements to the access junction were carried out some time ago and signposts direct HGV’s to turn left onto the A38.

Condition Number and Description Condition 27. Gas and Electrical Generation

Prior to the installation of structures and machinery involved in gas and electrical generation, the Operator shall have submitted to and had approved in writing by the WPA, details of the floor level, equipment layout, design and surface finishes. No structure associated with the above, including the gas flare shall be of a height so as to be greater than the level of the undisturbed natural ground to the north. Notes Following Visit The Local Planning Authority agreed the details on the 17.07.2007.

Condition Number and Description Condition 28. Flood Lighting

Unless otherwise agreed in writing by the WPA, there shall be no floodlighting of the site except in accordance with details to be agreed with the WPA. Any approved lighting shall be positioned so as not to cause glare or annoyance to local residents or users of the local highway network. Notes Following Visit Mobile lighting is required at the site for Health and Safety requirements. The Local Planning Authority is not investigating any complaints in relation to light pollution.

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Condition Number and Description Condition 29. Design of MRF Extension

Unless otherwise agreed in writing by the WPA, the MRF shall be developed in accordance with the details indicated on Drawing Nos. 3057.01 and 3057.02. The surface finishes of the roofs/walls of the MRF extension shall match existing in accordance with details to be agreed with the WPA. Notes Following Visit The Local Planning Authority approved changes to the layout of the MRF Building as letter dated 05.02.2008. The approved changes are shown on Drawing No LL/04/01 Rev B dated 07.01.08 and Drawing No LL/05/01 Rev A dated 30.11.07. The changes have not been implemented.

Condition Number and Description Condition 30. Plant and Machinery to be operated within the MRF

Unless otherwise agreed in writing by the WPA, the plant and machinery operated within the extended MRF shall not exceed the equipment set out in the schedule indicated in the Rowan Edwards letter dated 29 June 2001. Notes Following Visit The plant and machinery in the MRF has been updated since 2001. As email dated 28.06.2013 an updated list of plant and machinery was submitted to the Local Planning Authority and forwarded to Tim Warne for consideration. Since the changes no complaints have been received in relation to nuisances caused by plant and machinery in the MRF.

Condition Number and Description Condition 31. Other Matters

Any skips stored on the land shall be incidental to the landfilling of the site and shall be confined to an area which shall have previously been approved in writing by the WPA. Notes Following Visit All skips stored at the site should be incidental to landfilling. The approved skip storage area is shown on Drawing No. LQ031 approved on 22.06.2009. This drawing identifies an area to the west of the gas engine compound for skip storage. Skips are no longer stored in the approved area and are stored on land formerly occupied by the concrete batching plant. There are no records to indicate prior approval has been obtained from the Local Planning Authority for land which is now used to store skips.

Photograph showing the skip storage area on land formerly housing the concrete batching plant ACTION OPERATOR Skips are stored on land formerly occupied by concrete batching plant but no prior approval has been obtained. The Operator should seek approval for the new skip storage area by submitting a revised drawing to the Local Planning Authority for consideration of approval.

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Condition Number and Description Condition 32. Other Matters Continued

All oil and/or fuel tanks shall be surrounded by bund walls of sufficient height and construction as to contain 110% of the total contents of the largest tank and associated pipework in the event of a spillage. All plant and machinery not in current use shall be stored in a tidy manner and all redundant plant, machinery, vehicles, or scrap shall be removed from the site. Notes Following Visit Fuels are stored within appropriate facilities.

Condition Number and Description Condition 33. Other Matters Continued

The report of the annual environmental audit required by the Site Licence shall be made available for inspection by the WPA on request. Notes Following Visit The annual environmental audit was not requested at this time.

Condition Number and Description Condition 34. Working Programme and Phasing

Unless otherwise agreed in writing by the WPA, the working and restoration of the site shall be carried out only in accordance with the phased programme of progressive working and restoration shown on the approved plans. Notes Following Visit The approved tipping and restoration phasings are identified in document SLR 4B-036-103 dated March 2004. Since these drawings were approved in 2004 there have been a number of operational changes and the tipping and restoration phases are no longer in accordance with the approved drawings. The Operator submitted revised plans in February 2011, but there are no records to indicate these were approved. During this visit the Operator indicated further changes had taken place since the last revised plans were submitted. Give the current development of the landfill is no longer following the approved scheme the Operator should submitted revised plans to the Local Planning Authority for consideration of approval. ACTION OPERATOR The development of the landfill is no longer following the approved drawings and working programme outlined in document SLR 4B-036-103 dated March 2004 and the Operator should submit revised plans and a revised programme for consideration of approval.

Condition Number and Description Condition 35. Retention of Trees

The existing trees within the area edged purple on Drawing No. CN26(15)/A shall be retained and protected in a manner to be approved in writing by the WPA before the development commences and for the duration of the development, and shall not be damaged, destroyed, uprooted, felled, lopped or topped during that period without the previous written approval of the WPA. Any such trees removed without permission or dying or being seriously damaged or diseased during that period shall be replaced in the following planting season with trees or plants of similar size and species after approval by the WPA. Notes Following Visit No tree work has been carried out in this area and no further action is required at this time.

Condition Number and Description Condition 36. Soil Stripping and Storage

Prior to any new tipping on undisturbed ground, all available topsoil shall be stripped from the areas for infilling and conserved for use in future restoration. No indigenous topsoil or subsoil shall be removed from the site. Notes Following Visit Soils have been retained on site for future use in restoration.

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Condition Number and Description Condition 37. Height of Bunds

Unless otherwise agreed in writing by the WPA, all approved topsoil brought into the site for use in restoration shall be stored in bunds not exceeding 2 metres in height and in positions which have been approved in writing by the WPA. Notes Following Visit This condition requires soil storage locations to be agreed by the Local Planning Authority. Soils are currently stored on land to the south west of the gas engines in mounds greater than 2 metres in height. There are no records to indicate that the suitability of this storage location has been agreed by the Local Planning Authority. ACTION OPERATOR area The Operator should submit a drawing showing the current soil storage arrangements to the Local Planning Authority for consideration of approval.

Condition Number and Description Condition 38. Tree Planting

(i) Associated with MRF Within 3 months from the date of this permission, the Operator shall have submitted to and had approved in writing by the WPA a detailed tree planting scheme, associated with the MRF. The scheme shall detail precise areas of planting, sizes, species, spacing, ground preparation and a programme of implementation. The planting associated with the MRF shall be completed in the first planting season following the date of this permission, unless otherwise agreed with the WPA. (ii) Associated with landfilling Prior to the disposal of controlled waste within the containment site, the Operator shall have submitted to and had approved by the WPA a detailed tree planting scheme for the landfill site. The scheme shall detail precise areas of planting, sizes, species, spacing, ground preparation and a programme of implementation. The planting shall coincide with or immediately follow completion of each phase of landfilling, whichever is the sooner and shall be so maintained thereafter. Within five years of planting, any trees, shrubs or other plants that die, become diseased, or are removed or damaged, shall be replaced in the first available planting season with others of a similar size and species in accordance with the details of the approved scheme unless the WPA gives written approval to any variation. Notes Following Visit The proposed planting schemes associated with (i) the MRF and (ii) the landfill were submitted in a letter dated 11.01.2005 and were identified on Drawings LQC1 and LQC2 dated January 2005. As letter dated 04.10.2006 the Local Planning Authority responded stating that whilst the plans provided a certain amount of detail they did not include a proposed programme for implementation. The Local Planning Authority requested the Operator resubmit a programme of implementation before they could progress the submission. There is no record of any further details being submitted or of the tree planting schemes for the MRF or landfill being approved. In respect of part (i) in association with the MRF, given the time lapse it would no longer be considered expedient to pursue the submission of the scheme. However it is noted that some tree has been planted around the periphery of the MRF site. In respect of part (ii) in association with the phased tree planting on the landfill, the submission of the tree planting scheme for the landfill remains outstanding and this aspect of this condition is identified in breach. ACTION OPERATOR In respect of part (ii), the Operator should submit a phased tree planting scheme for the landfill. Given the phasings for tipping and restoration have changed since this permission was issued in 2001, the proposed tree planting scheme should take into account the revised drawings and working programme required to be submitted in Condition 3..

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Condition Number and Description Condition 39. Limits of Tipping

Unless otherwise agreed in writing with the WPA, the final landform and surface restoration levels shall accord with the landform shown on the submitted plans and the finished restored contours shown on Drawing No. 3056.01. At no time shall the height of tipped material or restoration soils exceed the levels indicated. Notes Following Visit There is no evidence to indicate the height of tipped material or restoration soils are above the identified finished restored contours.

Condition Number and Description Condition 40. Limits of Tipping Continued

A survey of levels shall be carried out and submitted to the WPA for approval at intervals of 12 months starting from the date on which tipping operations commence. Notes Following Visit The following surveys were submitted on 29th August 2013: October 2012 – Full site survey April 2013 – Update survey (active tipping area only) Copies of the surveys were forwarded to Tim Warne.

Condition Number and Description Condition 41. Limits of tipping Continued

As the operation approaches final waste levels and in any case before the final grading of cover and before the spreading of subsoil, the surface layers shall be checked by competent land surveyors. Thereupon markers shall be erected to indicate the approved final waste layers, approved restored surface level and any appropriate approved intermediate levels. Notes Following Visit No areas are known to have reached final levels.

Condition Number and Description Condition 42. Restoration, Aftercare and After-Use

Unless otherwise agreed in writing by the WPA, in the event of a cessation of delivery of waste to the site prior to the achievement of the completion of the levels indicated in the approved plan which constitutes a permanent cessation (which shall be defined as a period of 18 months without any significant delivery of waste), a reclamation/restoration scheme, to include details of aftercare, shall be submitted in writing for approval to the WPA within 3 months of the permanent cessation of importation of waste. The approved scheme shall be implemented within 6 months of the written approval of the WPA, unless otherwise approved in writing by the WPA. Notes Following Visit Waste continues to be received at the site and this condition is not applicable at this time.

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Condition Number and Description Condition 43. Restoration, Aftercare and After-Use Continued

Unless otherwise agreed in writing by the WPA, the site shall be progressively reclaimed and managed for agriculture and woodland in accordance with a scheme to be submitted for approval to the WPA within 12 months from the date of the permission. The scheme to be based on the submitted restoration plan (Drawing No. 3056.01), shall include details of:- (a) the nature and extent of the intended after-use of the site; (b) the sequence of phasing of restoration showing clearly the relationship to the working

scheme; (c) the thickness and type of cover (including topsoiling) in the relevant phases of tipping; (d) the ripping of any layers of cover to ensure adequate drainage and aeration, such ripping

should normally take place before placing of the topsoil; (e) the machinery to be used in soil spreading operations; (f) drainage of the restored land including formation of suitably graded contours to promote

natural drainage and the installation of artificial drainage; (g) the reinstatement of the site access roads, deep cultivation in both directions to remove

rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the site;

(h) grass seeding/planting of restored areas with a suitable seed mixture as part of the aftercare; (i) monitoring of settlement and remedial measures to be adopted; (j) a timetable for implementation; (k) any other matters as relevant and upon approval such scheme shall be implemented as

approved. Notes Following Visit There are no records to indicate a scheme was submitted and given the scheme was required within 12 months of the date of this permission it would no longer be considered expedient to pursue its submission.

Condition Number and Description Condition 44. Restoration, Aftercare and After-Use Continued

Except as may otherwise be agreed with the WPA, on completion of the importation of waste material, all access roads, buildings and any other site facilities not essential for restoration/aftercare or for continuing landfill gas extraction/leachate monitoring and control shall be removed or demolished and any hardstandings or foundations shall be removed where these would interfere with the restoration of the site prior to the final seeding and cultivation of the land.

Notes Following Visit Waste continues to be imported and this condition is not applicable at this stage.


At such time as the leachate treatment system and the landfill gas collection/flaring system is no longer required for the purposes hereby approved unless, otherwise agreed with the WPA, the structures and associated equipment shall be removed and the land restored in accordance with details to be agreed with the WPA. Notes Following Visit The leachate treatment system and the landfill gas collection/flaring system remains in use and this condition is not applicable at this time.

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During the operation of the site and the stated aftercare period following the cessation of operations, noxious weeds in particular Ragwort and Japanese Knotweed shall not be allowed to colonise the site. Recognised control measures shall be implemented as soon as practicable following initial infestation until clearance has been achieved. Notes Following Visit Given the time of year it was not possible to identify any Ragwort or Japanese Knotweed.


Unless otherwise agreed in writing with the WPA:- (i) aftercare schemes requiring such steps as may be necessary to bring the land to the

required standard, shall be submitted for approval to the WPA not later than the expiration of 3 years following the implementation of this planning permission;

(ii) the submitted schemes shall specify the steps to be taken and the periods during which they are to be taken. Such steps shall be carried out for a maximum period of 5 years following the completion of the operations required to comply with sub-condition (i) above;

(iii) subject to sub-condition (iv) below, aftercare of the land which is the subject of this permission shall be carried out in accordance with the aftercare scheme as approved by the WPA;

(iv) where the WPA agrees in writing with the person or persons responsible for undertaking the aftercare steps, that there shall be lesser steps, or a different timing between steps, the aftercare shall be carried out in accordance with that agreement.

Notes Following Visit This condition required an aftercare scheme to have been submitted within three of the implementation of this permission. There are no records to indicate the scheme has been submitted and this condition is identified in breach. ACTION OPERATOR The Operator should submit the aftercare scheme required in this condition including the details required in points (i) through to (iv).

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3. Compliance with Planning Conditions 09/00404/WAS Retrospective application seeking planning permission for the siting of two water storage tanks and associated pipework for facilitating odour control at the landfill site. The application also seeks to regularise the siting of a building associated with bird control at the site dated 12.01.2010

Condition Number and Description Condition 1. Commencement

The development hereby approved shall be begun not later than the expiration of three years from the date of this permission. Notes Following Visit This permission was retrospective and the development was already built at the time the permission was issued.

Condition Number and Description Condition 2. Scope of Development

Unless otherwise agreed in writing with the Local Planning Authority (WPA), this permission authorises the construction of concrete plinth and installation of two water tanks for the purposes of holding and treating water for later use in odour control and for supply to the wheel wash at the Lean Quarry Landfill Site. The permission also regularises the other structures, including storage container and hawk cage shown on the approved plan. Notes Following Visit The equipment has been installed in accordance with the permission although the plans suggest that the green steel store and the water tanks are further back from the haul road than they have been constructed. However, any differences are likely to be minimal and as the equipment is in a wooded area with no external visual Local Planning Authority there are no further concerns.

Condition Number and Description Condition 3. Adherence to the approved plans

Unless otherwise agreed in writing by the WPA or required by conditions attached to this permission, the development hereby permitted shall be carried out in accordance with the following plans and details:- LEA/07/02 Rev C – Site Location/Site Plan LEA/07/01 Rev C – Water Storage Tanks Views Notes Following Visit With the exception of the comments made in the previous condition, the development appears to be in accordance with the approved plans.

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Condition Number and Description Condition 4. Noise Control

(i) Unless otherwise agreed in writing by the WPA, the noise arising from the application area shall not exceed the following:- between 0600 and 1900 hours Mondays to Fridays and between 0700 and 1500 hours on Saturdays a level of 55dBA (1 hour) between 1900 and 2300 hours Mondays to Fridays and between 1500 and 2300 hours on Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1 hour) between 2300 and 0600 hours Mondays to Fridays and between 2300 and 0700 on any other working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site. (ii) At the cessation of quarrying, roadstone coating and concrete batching activities at Lean Quarry, the total noise arising from the application site shall not exceed the following:- between 0700 and 1700 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays and between 0700 and 1700 on Saturdays following Bank Holidays a level of 55dBA (1 hour) between 1700 and 2300 hours Mondays to Fridays and between 1300 and 2300 hours on Saturdays and between 0700 and 2300 hours on Saturdays and Bank Holidays a level of 45dBA (1 hour) between 2300 and 0700 hours on any working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site. Notes Following Visit No complaints received and no further concerns at this stage.

Condition Number and Description Condition 5. Tree Protection

The existing trees within the application site and identified on Drawing No. LEA/07/02 shall be retained/protected for the duration of the development and shall not be damaged, destroyed uprooted, felled, lopped or topped during that period without the previous written approval of the WPA. Any such trees removed without permission or dying or being seriously damaged or diseased during that period shall be replaced in the following planting season with trees or plants of a similar size and species after approval by the WPA. Notes Following Visit No tree work has been carried out recently in this area.

Condition Number and Description Condition 6. Restoration

Unless otherwise agreed in writing by the WPA, on the completion of the importation of waste material to the Lean Quarry Landfill Site, the tanks, other structures within the approved area shall be removed along with any hardstandings with the site being restored in accordance with a scheme to be agreed in writing by the WPA.. Notes Following Visit This condition is in relation to the main landfill which is ongoing. This condition will only apply when landfilling has been completed or with the agreement of the LPA. No further concerns with this condition at this stage.

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3. Compliance with Planning Conditions NR/08/00250/SEC73 Approved on 01.07.2008 to allow engineering developments associated with landfill site to be carried out between 0600 and 1900 hours Monday to Friday and between 0700 and 1500 hours on Saturdays annually from May to September inclusive.

Condition Number and Description 1. Working Hours

Unless otherwise agreed in writing by the Local Planning Authority, no tipping operations shall be carried out except between the following times:- between 0700 and 1700 hours Mondays to Fridays between 0700 and 1300 hours Saturdays between 0700 and 1700 hours on Saturdays including following a Bank Holiday There shall be no working on Sundays, Bank or Public Holidays. The abovementioned working hours shall not apply to the MRF subject to the restrictions on the vehicle movements set out in Condition No. 19 of the original Decision Notice dated 26th October 2002. The abovementioned hours shall not preclude engineering developments (defined below) and associated with the landfill site taking place between the following hours:- Between 1700 and 1900 hours Mondays to Fridays and between 1300 and 1500 hours on Saturdays annually from May to September inclusive, although no blasting, excavation, crushing and screening activities shall take place after 1800 hours Monday to Fridays and after 1300 hours on Saturdays Notes Following Visit The Local Planning Authority is not investigating any complaints in respect of works being undertaken outside of the approved working hours.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None

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10. Issues to be Addressed Issues to be addressed by Operator CC/CN/00/0134/CN [CN26(15)] Proposed Integrated Waste Management Facility. Approved on 01.03.2002 Condition 2. Scope of the Permission To remedy this breach in planning control the Operator should either: (a) Submit a retrospective planning application seeking to regularise the use of the land for storage purposes. Further guidance on the Council’s pre-application advice service and the application forms can be found at: http://www.cornwall.gov.uk/default.aspx?page=25877 , or (b) Remove the soils stored outside the permission area and reinstate the land. Condition 3. Adherence to Approved Scheme The development of the landfill is no longer following the approved drawings and working programme outlined in document SLR 4B-036-103 dated March 2004 and the Operator should submit revised plans and a revised programme for consideration of approval. Condition 31. Other Matters Skips are stored on land formerly occupied by concrete batching plant but no prior approval has been obtained. The Operator should seek approval for the new skip storage area by submitting a revised drawing to the Local Planning Authority for consideration of approval. Condition 34. Working Programme and Phasing The development of the landfill is no longer following the approved drawings and working programme outlined in document SLR 4B-036-103 dated March 2004 and the Operator should submit revised plans and a revised programme for consideration of approval. Condition 37. Height of Bunds The Operator should submit a drawing showing the current soil storage arrangements to the Local Planning Authority for consideration of approval. Condition 38. Tree Planting In respect of part (ii), the Operator should submit the phased tree planting scheme for the landfill. Given the phasings for tipping and restoration have changed since this permission was issued in 2001, the proposed tree planting scheme should take into account the revised drawings and working programme required to be submitted in Condition 3.. Condition 47. Restoration, Aftercare and After-Use The Operator should submit the aftercare scheme required in this condition and include the details required in points (i) through to (iv).

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11. Summary Lean Quarry Landfill & Materials Recycling Facility is situated approximately three kilometres south of Liskeard to the north west of the hamlet of Horningtops.

The site originally operated as an aggregates quarry but on 01.03.2002 planning permission (ref CC/CN/00/0134/CN [CN26(15)]) was approved for the development of an Integrated Waste Management Facility at the quarry complex. This provided for the importation of controlled wastes to backfill and restore the quarry and for a Materials Recovery Facility (MRF).

Further to this, a section 73 application was approved on 01.07.2008 (ref NR/08/00250/SEC73) to vary the working hours for engineering developments associated with the landfill site. In October 2012 details were approved for the configuration and arrangements of the leachate treatment facility. Construction finished in November 2013 and the plant is up and running, although due to the heavy rain some leachate is being tankered off site. In November 2012 the Local Planning Authority approved a proposal to place an additional plastic cap over the previously restored northern flank to help segregate clean surface water and leachate. The works were completed in April 2013.

On 12.01.2010 a retrospective application was then approved (ref 09/00404/WAS) for the siting of two water storage tanks and a building associated with bird control.

The breaches identified in this report continue to be in respect of planning permission CC/CN/00/0134/CN [CN26(15)] dated 01.03.2002. In particular:

Condition 2 identifies the permission boundary. Soils continue to be stored on land to the south east of the offices outside of the planning permission. The Operator should submit a retrospective planning application seeking to regularise the use of the land or remove the soils from this area and reinstate the land.

Conditions 3 and 34 identify the working programme and phasings. The landfill is no longer being developed in accordance with the approved drawings and working programme in document SLR 4B-036-103 dated March 2004, the Operator should submitted revised plans and a revised programme to the Local Planning Authority for consideration of approval.

In respect of Condition 38 part (ii), the Operator should submit a phased tree planting scheme for the landfill. Given the phasings for tipping and restoration have changed since this permission was issued in 2001, the proposed tree planting scheme should take into account the revised drawings and working programme required to be submitted in Condition 3..

The aftercare scheme required by Condition 47 continues to remains outstanding. The Operator should submit the aftercare scheme to remedy this breach.

There are a number of housekeeping matters which need attention. In respect of Condition 31 the Operator should submit a revised drawing to the Local Planning Authority seeking approval for the new skips stored on land formerly occupied by concrete batching plant. In respect of Condition 37, the Operator should submit a drawing of the current soil storage arrangements to the Local Planning Authority for consideration of approval.

A full list of the above matters is identified on the table on page 29 of this report.

Documents

Lean Quarry Landfill and Materials Recycling Facility … · Page 4 of 26 2. Details of Site Monitoring Visit Site Name and Address: Lean Quarry Landfill and Materials Recycling Facility,