Office Use Only Monitoring of Mineral and Landfill ... · Report for. Castle an Dinas Quarry, Castle Gate, Ludgvan, Penzance. on 20. th February 2017. Report Summary No. of Conditions

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Castle an Dinas Quarry, Castle Gate, Ludgvan, Penzance

on 20th February 2017

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 Natural Resources 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 2004. 1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring 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 monitoring 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 although some minor works may be required.

Amber 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.

Red 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.

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: Castle an Dinas Quarry Castle Gate, Ludgvan, Penzance

Planning Permission(s): P46.ENV Review of Mineral Planning Permissions. - Approved on 28/03/1999. This permission was due for its 15 yearly review in March 2014, but following a request from the operator the LPA agreed to extend the deadline for the application for a further ten years and as such the planning conditions associated with this permission will not be reviewed until 2024, after a period of 25 years has passed.

P46(7) Proposed development of a precast concrete products factory involving new building, installation of plant and machinery, provision of stockyard and with associated landscaping. - Approved on

11/05/2001. The permission has previously been acknowledged to have been implemented but no buildings have been erected and no concrete products have been produced on site at this time. Condition 7 of this consent has since been discharged and whilst the consent has technically been implemented there is currently no intention by the operators to operate a concrete products factory on the land in the near future. With this in mind, it is considered that this permission can be removed from the permissions to be monitored until such date that the operators bring the relevant plant on site. As such whilst condition 11 of this consent is technically a breach, it is not an ongoing issue unless or until operators bring the relevant plant on site.

P46(9) An application seeking to operate road stone coating plant without restriction on working hours but with appropriate controls to address environmental amenity impacts. The application therefore relates to variations to Condition nos. 11 (working hours) and 13 (noise limits) of Mineral Planning Authority approval letter dated 22

September 2003 - Approved on 20/02/2009. The existence of this permission is acknowledged but as the development of the plant was undertaken some years ago without concern it has not been routinely monitored as part of this report.

PA11/00255 - Erection and use of a new building to serve as a fines aggregate store and salt/grit barn with the latter element being a store to supply council gritting lorries servicing the local public highways - Approved on 12/08/2011. There are no outstanding concerns regarding this development and as such this permission has not been routinely monitored as part of this report.

P46(8) Proposed installation and operation of roadstone coating plant - Approved on 22/09/2003. Please see the comments for decision notice P46(9) above.

Decision No. 1/82/P/0677/F - Erection of Concrete Batching Plant. This decision notice was issued some years ago and has few conditions attached. It is acknowledged that the approved plant has since been replaced with a similar but smaller unit within the same permission area which is not readily visible from outside of the quarry. As such this is acknowledged to have been replaced under Permitted Development Rights and as there are no outstanding complaints and only very limited conditions on which to regulate this development it has not been included as part of this particular monitoring review.

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Legal Agreement(s): None Operator: Cornwall Council Site Status: Active site

Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Mr Matthew Sleeman, Development Officer, Planning and Sustainable Development , Cornwall Council and Chris Cooper-Young, Principal Development Officer (Enforcement), Planning and Sustainable Development Service, Cornwall Council

Date of Visit: 20th February 2017

Time on Site: 10.15

Time off Site: 13:10

Attendees: Andy Bartle, Head of Aggregates & Recycling, CORMAC and Stephen Trevor, Quarry Manager, Castle an Dinas Quarry

Weather: Misty with light showers

Ground Conditions: Wet under foot

Report Author: Mr Matthew Sleeman, Visiting Officer

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3. Compliance with Planning Conditions NR/97/00036/ROMPS dated 28/03/1999

Condition Number and Description Condition 1 Time Limit

The permission shall not be valid after 21st February 2042. Unless further planning permissions have been granted for a continuation of operations beyond this period, all operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and buildings no longer required shall be removed from the site, and the land shall be reinstated in accordance with the further conditions below. Notes Following Visit This is recognised as being a post-dated condition. This permission was itself due to be reviewed in March 2014 but following a request from the operator , the LPA have agreed a 10 year extension of time for the submission of this review which will now be required to be submitted in March 2024.

Condition Number and Description Condition 2 Extent of Permission and Nature of the Development

These conditions relate to permissions 7345/W, 7868/W, 8182/W, 8183/W, 38561/W, 41012/W and 46416/W (identified on Plan No. CAD2). Notes Following Visit The drawings to which this permission refers are noted for reference.

Condition Number and Description Condition 3 Extent of the Permission and Nature of the Development

There shall be no quarrying operations except within the area identified on Plan No. CAD5. Notes Following Visit As with the last monitoring visit; the recent areas of extraction are mainly located on varying levels on the western side of the quarry which is shown in the picture below taken at the last visit. These are acknowledged to be within the approved area as identified by drawing CAD 5.

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An area has also been opened up in the quarry floor on the eastern side and a significant amount of blasted rock was located in this area. Two sections of this area have been cleared of stone from where water was being pumped to a holding area in the norther part of the quarry void. This area of extraction is shown in the picture below as viewed from the southern side of the main quarry void.

It should be noted that Drawing CAD 4 identified a 15 year extraction area but this expired when the permission came up for renewal and the 15 year extraction area was not reviewed or extended to cover the 10 year period which was given to the requirement to undertake the next periodic review. The operator had identified this matter as part of a pre application enquiry which was made on the 10.02.15 and following the response from the LPA it was confirmed that (all working should be confined to the area edged and hatched yellow on CAD 4 - up to and including the next Review date).

Condition Number and Description Condition 4 Extent of the Permission and Nature of the Development

There shall be no depositing of mineral waste outside the area identified on Plan No. CAD5, (other than that which is deposited within the void in accordance with the provisions of Part 21 Class A.1 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order). Notes Following Visit During a previous monitoring visit it was observed that a mixture of stone and soil material had been deposited in the area of the former quarry which lies to the south east of the main quarry. It is not considered expedient at this time to request the removal of this material. The operator has since spread topsoil over the deposit and levelled the material to a level matching the surrounding ground which is beginning to grass over as shown on the following page.

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While these works have not been undertaken with any known prior approval, there appear to be no reasons why the works would have not been considered acceptable as an appropriate form of restoration for this area.

Condition Number and Description Condition 5 Development in accordance with the approved plans

No development shall be carried out other than in strict accordance with the approved Plans and Drawing Nos. CAD1, CAD2, CAD4, CAD5, CAD6 and "CAD7 (MPA)" and Section No. JUL 3A, except as may be modified by other conditions in this Decision Notice or otherwise agreed with the MPA. Notes Following Visit Developments at this quarry include the Concrete Works, Coating Plant and the more recently developed Salt barn. These were all developed under their own specific planning permissions and are collectively recognised to be compliant with this condition. A system of hot storage bins has been constructed beside the coating plant and following consultation with the LPA it has been confirmed that the development of these units is considered to be acceptable under the sites permitted development rights. Works have also been undertaken to install an LPG fuel tank beside the Salt Barn which is not understood to have any existing planning approval, however, this LPG tank directly fuels the burner within the roadstone coating plant on site which was accepted by the LPA as permitted development (P46(8)). Whilst this officer acknowledges the point raised by the previous monitoring officer, noting they did not believe this tank to constitute plant or machinery within the meaning of the GDPO (2015) (as amended), having gone to the definition within the GDPO (2015) (as amended) that identifies plant as “… any structure or erection in the nature of plant”, as well as the dictionary definition that identifies plant as “machinery used in an industrial or manufacturing process” it is considered that the LPG tank is fundamental in the operation of the roadstone coating plant and should be considered part of the industrial process and therefore falls within the meaning of plant under Part 17 of the GDPO (2015) (as amended), furthermore it would meet the criteria within the said part.

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Condition Number and Description Condition 6 Phasing of Working

The approved operations shall be phased so that extraction shall be limited to the yellow area identified on Drawing No. CAD4 for a period of 15 years from this determination unless otherwise agreed in writing with the MPA. Notes Following Visit Please see the comments attached to condition No. 3 as the 15 year time frame has now been extended by the LPA until the next review date.

Condition Number and Description Condition 7 Nature Conservation

(i) There shall be no development (or preparations for developments, other than in accordance with part (ii) of this condition) on that part of the Cornwall Nature Conservation Site outside the 15 year extraction area identified on Plan No. CAD1, until completion of the First Periodic Review, or unless otherwise agreed in writing by the MPA.

(ii) Within 6 months of this determination, the applicant shall submit a scheme for the approval of the MPA in consultation with the Cornwall Wildlife Trust for the management of heathland resources within the whole of the permitted area. The approved scheme shall be implemented thereafter and shall provide for:

(a) the husbandry of the lowland heath habitat (b) the use of existing heathland vegetation and soils in the progressive restoration of

the site (including any materials to be lost from the 15 year working area and the harvesting of cuttings beyond that area)

(c) a regular review, and if appropriate, adaption of the heathland management

techniques employed.

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Notes Following Visit The scheme required by part ii) of this condition was submitted by the previous operator, and subsequently approved by the Mineral Planning Authority on 26 March 2009. In addition the operators are advised to follow the procedures of Appendix C to the letter of 8 April 2009 from Ann Pattison to Mark Whitehouse, in using soils and cut materials to naturally regenerate heathland vegetation.

Condition Number and Description Condition 8 Archaeology

(a) Prior to the commencement of any works within the area indicated on Plan CAD7 (MPA) (including mineral extraction, deposition of waste, stockpiling of materials, creation of haul roads and other access tracks, or any development ancillary to quarrying or the stripping of vegetation or soil) and within 24 months of the determination of these conditions, the operator shall commission an archaeological survey to identify and map all sites and features of archaeological significance within those areas. The survey shall take place during the months of January to March (when vegetation is lowest and slight features are most visible), and shall be carried out to a written specification submitted by the operator and agreed by the MPA.

(b) Subject to consultation and agreement with the MPA, and within 3 months of

completion of the archaeological survey specified in Condition 8(a), the operator will erect fencing around all areas of archaeological significance identified by the survey to prevent accidental damage to important archaeological features.

(c) Prior to the start of any works as described in (a) above within any of the agreed

areas of archaeological significance, the operator shall implement a programme of excavation and recording of all features of archaeological significance and the publication of results to a written specification submitted to and agreed by the MPA.

Notes Following Visit In respect to this condition, the operator submitted information for consideration: It was concluded in an email form the LPA to Andy Bartle dated 17th February 2017 that the submitted information was sufficient to discharge part (a) of Condition No. 8 but that they should liaise further with the Council over the matters set out in parts (b) and (c) of the consent. Having reviewed the submitted information and following the site visit it is noted that the survey hadn’t turned up any areas of significance that will be worked in the immediate future and as such there isn’t, in my opinion, any need for the operator to take any action in respect of sub sections b & c at this time. This will continue to be monitored and reviewed if or when needed.

Condition Number and Description Condition 9 Access and Highway Matters

Vehicular access to and from the mineral site shall be restricted to the site access road identified on Plan No. CAD2, unless otherwise agreed in writing with the MPA. Notes Following Visit Vehicular access to and from the mineral site is restricted to that shown on Plan CAD2 and was seen to be in regular use.

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The site access road shall be hard surfaced for a length of 100m measured from the junction adjoining the B3311. Within 3 months of this determination, the operators shall submit a surface patching scheme to the MPA for approval in consultation with the County Surveyor, and shall implement this within 3 months of approval, unless otherwise agreed with the MPA.

Notes Following Visit The first 100 metres of the track is hard surfaced and appeared to be in a good state of repair. Significant works including tarmac and speed humps have also been undertaken to re surface the section of access road between the entrance to the skip company and the quarry main gate.


The whole length of the access track shall be maintained in a good state of repair and kept free of mud and other debris. Notes Following Visit The access roadway was clean and clear of debris and generally in a good state of repair. It is acknowledged that the initial part of the access is shared with the neighbouring skip company.


The operators shall employ the best practicable means to prevent the transfer of mud, dust and stones and other deleterious material onto the public highway. Notes Following Visit The public highway in the vicinity of the quarry was observed to be clean and clear of debris. There are no outstanding complaints regarding the condition or cleanliness of the public highway.


All lorries leaving the site carrying loads of single size of composite materials containing stone 75mm and less shall be sheeted or otherwise totally enclosed before leaving the site. Notes Following Visit There are no outstanding complaints regarding this condition so compliance with the identified working hours is recorded.

Condition Number and Description Condition 14 Hours of Operation

Except for routine plant maintenance, water pumping and in emergencies to maintain safe quarry working, no operations authorised or required under this permission shall be carried out on the site except between the following times or as may be otherwise agreed in writing with the MPA: Between 07.00 and 19.00 hours Mondays to Fridays and Between 07.00 and 13.00 hours on Saturday

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There shall be no working on Sundays, Bank Holidays, or National Holidays unless otherwise agreed in writing with the MPA. Within the above mentioned working hours blasting shall only take place between 09.00 and 18.00 hours Mondays to Fridays and between 10.00 and 12.00 hours Saturdays. Notes Following Visit There are no outstanding complaints regarding working hours at this site so compliance with this condition is recorded.

Condition Number and Description Condition 15 Noise, Vibration and Dust: General

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. The phrase practicable means in this condition shall have the meaning assigned in Section 79(9) of the Environmental Protection Act 1990 as defined overleaf. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufacturers specifications at all times. Notes Following Visit No significant emissions of dust, smoke, or fumes were observed on site, nor was there any noise or vibration observed or recorded from any external observation points during the monitoring visit. The processing area below was fully operational during the time of this visit. A water bowser and spraying down system was identified on site, however given the wet conditions it was not in use.

Condition Number and Description Condition 16 Noise: Specific

The noise levels arising from quarrying and ancillary operations authorised by these permissions between 07.00 and 19.00 hours as measured at any inhabited residential dwelling in the vicinity of the site (freefield) shall not exceed 55dB(A) LA eq (1 hour). Noise levels arising from the construction of screening bunds and other permanent landforms shall not exceed 70dB(A) LA eq (1hour), measured at any inhabited dwelling in the vicinity of the site (freefield). In the event of a complaint about noise being received by the MPA, which is attributable to operations within the site, the operator shall be notified and shall then be required to undertake self-monitoring of noise levels to demonstrate compliance with this condition in accordance with a scheme to be approved by the MPA. Notes Following Visit There are no outstanding complaints regarding noise at this site and no significant noise was observed while inspecting the site.

Condition Number and Description Condition 17 Dust: Specific

(a) Any accumulation of dust caused by the movement of materials on the haul roads or elsewhere within the site or by the processing of materials shall be swept clean or suppressed by water sprays or such other means as shall be agreed with the MPA.

(b) Drilling rigs shall be fitted with bag filter modules or such other dust control

measures as shall be agreed with the MPA.

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Notes Following Visit Dust was not a problem at the time of this visit and as identified in a previous condition a tractor and water bowser are available for use as might be required to suppress dust on the haul roads. A previous site visit has identified additional covers having been fitted over the conveyors at the fixed plant in an effort to reduce the escape of dust.

Condition Number and Description Condition 18 Blasting: Specific

Ground vibration from blasting shall not exceed a peak particle velocity of 8.5mm per second at or near the foundation of any residential property or other vibration sensitive building not in the control of the operator. The measurement should be the maximum of three mutually perpendicular directions taken at the ground surface.

Notes Following Visit There are no outstanding complaints regarding blasting at this site so compliance with this condition is recorded.


Secondary blasting will be limited to a maximum of 20 shot holes and 0.5kg instantaneous charge in any firing session. Notes Following Visit There are no outstanding complaints regarding blasting and it is understood that secondary blasting is not currently undertaken on site.


There will be no use of non-explosive gas expansion rock breaking techniques unless otherwise agreed in writing with the MPA. Notes Following Visit It is understood that no non-explosive gas expansion rock breaking techniques are used.


In the event of a complaint being received by the MPA about vibration, which is attributable to blasting operations within this site, the operator shall be notified and shall then be required to undertake self-monitoring of blasting operations to demonstrate compliance with conditions 18 and 19. Notes Following Visit There are no outstanding complaints regarding blasting at this site.

Condition Number and Description Condition 22 Plant and Machinery

Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, replacing, or enacting that Order, no fixed plant, machinery, buildings, structures and erections shall be erected which are visible from outside the quarry void and adjoining screen bunds without the prior approval in writing of the MPA. Details shall include the design, siting, dimensions, cladding, noise and dust suppression measures.

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Notes Following Visit Works have been undertaken to install a selection of replacement office accommodation units close to the existing office and weighbridge buildings which are must larger than the units which previously existed. A selection of the new offices is shown in the picture below.

These units are located outside of the quarry void so the aspect of this condition of being visible from outside of the quarry void is of little consequence as there view is unrestricted by the quarry development. It is understood that communication have taken place between the Operator and the LPA regarding the installation of these units and it has been established that a planning application in respect to their development will be required. Action point for the operator. The operator has previously made a planning application in respect of this development but this was withdrawn pending the determination of an application to divert the Bridle Way which has also been affected by this development. Conversations with Cornwall Council’s Public Rights of Way section have identified the new route has been confirmed and is due to be certified. Photographs have been taken of the new route and forwarded to the Public Rights of Way team to aid in that process. Once the new route has been certified, the operator has confirmed they would submit a planning application to regularise these works. The status of the new route and progress of the planning application shall be reviewed at the next monitoring visit.

Condition Number and Description Condition 23 Plant and Machinery

All lights and floodlights shall be screened so as to minimise light spill to any occupied dwelling overlooking the site, and to minimise the impact upon rural amenity. Notes Following Visit There are no outstanding complaints regarding lighting at this site. The floodlighting and lighting observed on site in the area of the road stone coating plant and the area of the crushing and screening plant had downcast fixtures.

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Condition Number and Description Condition 24 Stockpiling

There shall be no stockpiling of any material, either for sale or waste rock, subsoil or topsoil on the undisturbed portions of the site without the prior approval in writing of the MPA. Notes Following Visit The operator has previously undertaken a clearance operation on an area of land beside the north western side of the quarry void. It is acknowledged that this land was identified as being part of the approved extraction area. The operator has created a bund around this area and is currently utilising it as a further stockpiling/storage area. The works which have been undertaken in this area are not considered to have disturbed the underlying reserves and as such it would be necessary to obtain the prior approval of the LPA before utilising this area for the storage of materials. Two further storage bays have been constructed beside the access track leading to the gated entrance to the common and this appears to be on a section of undisturbed ground which has not been identified as an approved storage area on Drawing CAD 4. Action point for the operator The operator has included this matter as part of a pre application submission which was made on the 10.02.15 and the response from the LPA has been that a Section 73A application should be made to vary the conditions associated with this development to allow this to be regularised. The operator should therefore make the appropriate application in respect of this unauthorised development.

Condition Number and Description Condition 25 Stockpiling

Stockpiles number 1, 2 and 7 on CAD 4 will not be increased in height above 223.5 metres, 204.0 metres and 176.0 metres Above Ordnance Datum respectively. Stockpiles 3, 4, 5 and 6 will not exceed the height of the quarry rim or associated screening bunds.

Notes Following Visit The heights of stockpiles 1 and 7 as recorded on a recent site survey appear to demonstrate compliance with this condition. Stockpiles 4 and 5 are within the quarry void and are accordingly naturally screened yet it appears that due to the profile of the land it would not be possible to utilise the southern section of stockpile 3 and the eastern section of stockpile 6 without exposing these areas to be viewed from the north eastern side of the quarry. There are no outstanding complaints regarding the storage of materials at this site. Stockpile 2 was been reduced in height since the previous visit but the exact height is unclear. When the site is next surveyed the operator should make the results of the survey available to the LPA to confirm compliance with this condition. The footprint of stockpile 2 would appear to the same height from the previous site visit where it was greatly reduced, although much of this stockpile extends into the area of the concrete products factory area. The picture on the following page shows the area for the concrete products unit (which was deemed to have been implemented) in the foreground which is covered by material spilling from the neighbouring stock pile.

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Action point for the operator. The operator should remove all stockpiled or tipped material from the approved concrete products area and ensure that the remaining material which is stored in Stockpile area 2 does not exceed the approved height restriction of 201.0 metres AOD. Alternatively the area adjacent to stockpile 2 could be included within the Section 73A application to vary conditions associated with this development to allow this to be regularised.

Condition Number and Description Condition 26 Drainage Matters and Water Interests

Any fuel, oil, lubricant and other potential pollutants shall be stored in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded area shall be impervious to both water and oil. Notes Following Visit All potential pollutants on site appeared to be stored within suitable containment facilities. The main fuel oil storage facility is now undertaken in what was the flux store beside the coating plant.


In order to remove solids of fines all quarry washing and run-off from stripped or disturbed areas and quarry tracks shall be contained in settlement lagoons before discharge to any watercourse. The design and location of any such new lagoons shall be in accordance with details to be agreed with the MPA in consultation with the Environment Agency. Notes Following Visit It was observed that the final settlement lagoon beside the quarry entrance is now beginning to receive water again but the level remained low and well below the discharge points. Discoloured water has been observed in the discharge channel at a previous monitoring visit which is normally fed from the final settlement lagoon but the flow was only

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slow and it was unclear as to where this water was originating, but would appear to have been resolved at this site visit. The lagoon which was previously located beside the haul road leading to the quarry void has now been completely removed and this area is now being developed as a further extraction area. This is understood to be increasing the volumes of water which is being circulated through the remaining lagoons which are also understood to have been increased in size. A new system (as shown in the photo below) is in place that can divert clean water (from the newly created sump) direct for discharge as opposed to the lagoon system, which the operator’s believe to have resulted in an improvement in the quality of water discharged from site.

The operator has indicated that consultations have taken place with the Environment Agency and have submitted a Lagoon Expansion report to the LPA for comment. The LPA will monitor the situation at the next visit to ensure continued compliance.


Prior to deepening the quarry below 145m AOD, the operators shall submit to the MPA, in consultation with the Environment Agency, a water interests survey and shall agree a scheme using all practicable means to provide for the protection of adjacent water interests during the long term deepening of the quarry. Notes Following Visit It is understood that the depth of the quarry in this area has been increased putting the lowest level at 5 metres below the conditional level of 145 AOD. The picture on the following page shows the pump which has been installed within the newly created sump area.

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The operator should submitted details in respect to this to the LPA (application PA15/07096) which were considered acceptable and the condition was subsequently discharged on the 20th December 2017.

Condition Number and Description Condition 29 Soil Handling

In advance of operations in any approved working area (not covered by Condition No. 7), all available topsoil and subsoil shall be separately stripped whilst in a dry condition and either: (a) stockpiled in an area to be approved by the MPA for later use: or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoil shall be replaced first and shall be loosened by cultivation across the contours, prior to spreading of the topsoil, in dry ground conditions. Notes Following Visit A ground and soil clearance operation has been undertaken on an area of land as previously captured by condition no. 24 in this report. Soils from this clearance operation have been used to construct a bund which now partially encircles this area. The operator has made a pre application enquiry in respect of this development to the LPA on the 10.02.15 and the LPA has confirmed that a Section 73A planning application will be required to regularise this unauthorised development. Action point for the operator The operator should make the required planning application to allow this unauthorised development to be regularised through the proper process.

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Condition Number and Description Condition 30 Landscaping

In areas outside the areas of mineral working or tipping identified in the approved plans, existing trees and bushes within the site shall be retained and shall not be felled, lopped, topped or removed without the prior written consent of the MPA. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased as a result of operations permitted at this site shall be replaced with trees or bushes of such size and species as may be specified by the MPA, in the first planting season following such occurrences. Notes Following Visit There was no disturbance of vegetation outside the identified areas of mineral working or tipping, other than in accordance with specific planning permissions. An area of ground at the south east corner of the site has recently been cleared of vegetation and this is understood to have been done to facilitate the access for machinery which will be required to undertake the clearance and treatment of knot weed which borders this area. The area where the clearance has been undertaken is shown on plan CAD 4 as a stocking area.

Condition Number and Description Condition 31 Landscaping

Within 12 months from this determination the operator shall submit a scheme to the MPA for approval, for the visual improvement of the eastern margins of the quarry, including a programme of implementation. Notes Following Visit Discussions have previously taken place between the previous operator, the MPA, the Cornwall Wildlife Trust and the Councils landscape architect concerning the submitted scheme. The latter was considered unacceptable by the MPA. Correspondence was sent to the operator dated 8 April 2009 which requested that he submit a revised scheme (to include a revised profile). Draft notes were provided to guide details of the form, height, profiling, surface treatment and aftercare of the bund. This correspondence has been copied to the new owner/operator. Action point for operator The operator has submitted a revised landscaping scheme, having regard to the advice sent to the operator on 8 April 2009 but this has not been registered by the MPA at this time as further information has been requested. At the meeting the LPA agreed to investigate what further information has been requested and update the operator accordingly. The operator should then submit the additional information. This will be reviewed at the next monitoring visit.

Condition Number and Description Condition 32 Restoration, Aftercare and Afteruse

There shall be no importation of waste or materials for recycling to the site without the granting of further planning permission. Notes Following Visit The operator is understood to be importing road planing which are to be re used as a feed stock for the road stone coating plant. The operator has confirmed that the planings are tested on site before they are brought to the quarry and are therefore a recognised product rather than a waste material.

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On completion of quarrying operations the site shall be restored to amenity (nature conservation) purposes or any other use which has previously been approved in accordance with a restoration and aftercare scheme to be submitted to and approved by the MPA in conjunction with Cornwall Wildlife Trust. This scheme shall be submitted by 1 January 2020 or by such other date as may be agreed in writing by the MPA. Notes Following Visit This is recognised to be a post-dated condition as the quarry remains fully operational.


In the event of a cessation of winning and working of minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of treatment and aftercare, shall be submitted in writing for approval to the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA. Notes Following Visit This is recognised to be a post-dated condition as the quarry remains fully operational.

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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 10. Issues to be Addressed Issues to be addressed by Operator NR/97/00036/ROMPS dated 28/03/1999 • Condition 22 Plant and Machinery

Action point for the operator The operator has previously made a planning application in respect of this development but this was withdrawn pending the determination of an application to divert the Bridle Way which has also been affected by this development. Conversations with Cornwall Council’s Public Rights of Way section have identified the new route has been confirmed and is due to be certified. Photographs have been taken of the new route and forwarded to the Public Rights of Way team to aid in that process. Once the new route has been certified, the operator has confirmed they would submit a planning application to regularise these works. The status of the new route and progress of the planning application shall be reviewed at the next monitoring visit. • Condition 24 Stockpiling

Action point for the operator The operator has included this matter as part of a pre application submission which was made on the 10.02.15 and the response from the LPA has been that a Section 73A application should be made to vary the conditions associated with this development to allow this to be regularised. The operator should therefore make the appropriate application in respect of this unauthorised development. • Condition 25 Stockpiling

Action point for the operator. The operator should remove all stockpiled or tipped material from the approved concrete products area and ensure that the remaining material which is stored in Stockpile area 2 does not exceed the approved height restriction of 201.0 metres AOD. Alternatively the area adjacent to stockpile 2 could be included within the Section 73A application to vary conditions associated with this development to allow this to be regularised. • Condition 29 Soil Handling

The operator should make the required planning application to allow this unauthorised development to be regularised through the proper process. • Condition 31 Landscaping

Action point for operator The operator has submitted a revised landscaping scheme, having regard to the advice sent to the operator on 8 April 2009 but this has not been registered by the MPA at this time as further information has been requested. At the meeting the LPA agreed to investigate what further information has been requested and update the operator accordingly. The operator should then submit the additional information. This will be reviewed at the next monitoring visit.

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11. Summary The quarry continues to be operated for the extraction of varying grades of aggregates including those required as a feed source for the Road Stone Coating Plant and the more recently improved Concrete Batching Plant. The quarry also provides a useful source of building stone in the form of light brown granite and also holds stocks of varying sizes up to armour stone. The mineral planning permissions at Castle an Dinas Quarry were due to have been reviewed under the 15 year Period Review process as required under Section 96 of the Environment Act 1995 in March 2014. Following an application from the operator, the LPA have recently extended the deadline for this submission by a further ten years and as such this will now be required to be submitted on or before the 28th March 2024 which will effectively make it a 25 year review of the current conditions. Attention should be given to resolve the action points which are identified on the previous page by both the Operator and the LPA. The implications associated with the continued developments of the bunds on both the western and eastern side of the operation area should also be carefully considered as the dimensions of these two screening facilities have yet to be confirmed. Any material which is imported to these areas which is in excess of that what might ultimately be approved might need to be removed by the operator and consequently any additional material which is added to these areas are undertaken at this time at the operators own risk as these works are being undertaken without any prior approval or agreement. There are no outstanding complaints regarding the operations which are being undertaken at this quarry and no significant environmental impacts were observed or recorded during this site inspection.

P46(7) Proposed development of a precast concrete products factory involving new building, installation of plant and machinery, provision of stockyard and with associated landscaping. - Approved on 11/05/2001. The permission has previously been acknowledged to have been implemented but no buildings have been erected and no concrete products have been produced on site at this time. Condition 7 of this consent has since been discharged and whilst the consent has technically been implemented there is currently no intention by the operators to operate a concrete products factory on the land in the near future. With this in mind, it is considered that this permission can be removed from the permissions to be monitored until such date that the operators bring the relevant plant on site. As such whilst condition 11 of this consent is technically a breach, it is not an ongoing issue unless or until operators bring the relevant plant on site.

Documents

Office Use Only Monitoring of Mineral and Landfill ... · Report for. Castle an Dinas Quarry, Castle Gate, Ludgvan, Penzance. on 20. th February 2017. Report Summary No. of Conditions