Web viewA system of hot storage bins has been constructed beside the coating plant and following ... survey to identify and map ... The word practicable and the

Office Use OnlyMonitoring of Mineral and Landfill Planning Permissions

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

on 6th May 2015

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. IntroductionThis 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

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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.

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): NoneOperator: Cornwall Council

Site Status: Active site

Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Mr M Butfield, Development Officer, Planning Enforcement, Cornwall Council

Date of Visit: 6th May 2015

Time on Site: 10.30

Time off Site: 12.15

Attendees: Mr Andy Bartle, Head of Aggregates and Re cycling for Cormac and Mr Steve Trevor, Quarry Manager.

Weather: Dry and Clear with Light winds

Ground Conditions: Generally dry

Report Author: Mr M Butfield, Visiting Officer

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

Condition Number and DescriptionCondition 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 VisitThis 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 DescriptionCondition 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 VisitThe drawings to which this permission refers are noted for reference. The following picture shows the main quarry void as viewed from the south eastern side.

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Condition Number and DescriptionCondition 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 VisitThe recent areas of extraction are located on varying levels on the western side of the quarry and these are acknowledged to be within the approved area as identified by drawing CAD 5. The following picture shows a drilling rig being operated on a bench on the western side of the main quarry void.

It should also be noted that Drawing CAD 4 identified a 15 year extraction area but this subsequently expired when the permission came up for renewal. The 15 year extraction area was consequently not reviewed or extended to cover the 10 year period which was given to the requirement to undertake the next periodic review and as such there is currently no identified extraction area at this quarry.

Condition Number and DescriptionCondition 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 VisitDuring a previously 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 was not considered expedient at that time to request the removal of this material and the operator has since spread and levelled the material to form a similar profile, below the level to that of the surrounding ground.

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The operator was advised at that time and in the subsequent monitoring reports not to import any further material to this area without seeking the prior approval of the LPA.It was observed during this visit that additional material has again been deposited in this area which is not an approved area for the tipping of quarry waste. The following gives an indication of the level of material which has now been placed in this area.

Action point for the OperatorThe operator should cease any further importation or disposal of any material in this area and consult with the LPA regarding the possible retention of this material and the final restoration of this area.

Condition Number and DescriptionCondition 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 VisitDevelopments 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.

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Condition Number and DescriptionCondition 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 VisitThe 15 year extraction period for the area as shown on drawing CAD 4 expired on the 28th March 2014 which was the end of the previous review period. The LPA have granted an extension of ten years before which the review process for this quarry will now be undertaken but they do not appear to have extended the conditional 15 year limitation on the extraction areas which was imposed by this permission. As such there is currently acknowledged to be no limitation in respect to any approved phased extraction areas as identified by this decision notice. The operator is understood to have identified this matter as part of a pre application enquiry with the LPA but this has not been concluded at this time.

Condition Number and DescriptionCondition 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.

Notes Following VisitThe 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 DescriptionCondition 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

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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 VisitThe archaeological survey as required by this condition has been submitted to the LPA and is currently being considered. No fencing of identified area has taken place at this time although some fencing has been erected to form an enclosure for the grazing of cattle. A ground clearance operation has recently taken place which extends into the area as shown on plan CAD 7. The operator has indicated that no significant archaeological points of interest were identified in this area but this was not confirmed as a copy of the report was not available and it has not been approved at this time.

Action point for the LPAConsider the acceptability of the survey and respond to the operator.

Condition Number and DescriptionCondition 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 VisitVehicular access to and from the mineral site is restricted to that shown on Plan CAD2 and was seen to be in regular use.


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 VisitThe 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 and this section is shown in the picture on the following page.

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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 VisitThe access roadway was clean and clear of debris and generally in a good state of repair.


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 VisitThe 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 VisitThere are no outstanding complaints regarding this condition so compliance with the identified working hours is recorded.

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Condition Number and DescriptionCondition 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 andBetween 07.00 and 13.00 hours on Saturday

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 VisitThere are no outstanding complaints regarding working hours at this site so compliance with this condition is recorded.

Condition Number and DescriptionCondition 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 VisitNo 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.

Condition Number and DescriptionCondition 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 VisitThere are no outstanding complaints regarding noise at this site and no significant noise was observed while inspecting the site.

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Condition Number and DescriptionCondition 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.

Notes Following VisitDust was not a problem at the time of this visit. It is understood that there is a tractor and water bowser which is filled from the final settlement lagoon, available for use as might be required to suppress dust on the haul roads. The following picture shows the fixed plant processing area which was generating little dust as it was and undergoing a maintenance operation during the time of this visit.

Condition Number and DescriptionCondition 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 VisitThere are no outstanding complaints regarding blasting at this site so compliance with this condition is recorded.

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Secondary blasting will be limited to a maximum of 20 shot holes and 0.5kg instantaneous charge in any firing session.

Notes Following VisitThere 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 VisitIt is understood that no non-explosive gas expansion rock breaking techniques are used at this quarry.


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 VisitThere are no outstanding complaints regarding blasting at this site.

Condition Number and DescriptionCondition 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.

Notes Following VisitWorks are being undertaken to install a selection of replacement office accommodation units close to the existing office and weighbridge buildings which are must larger than the existing units. 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. The requirement to submit the necessary planning application by the 20th February 2015 was imposed by the previous report. The Operator says that an application has been submitted prior to this site inspection but a search on the planning register suggests that it has not been registered at this time.

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The picture below shows a section of the new office accommodation.

Action point for the operator.The operator is required to ensure that the necessary regularising planning application is made to the LPA.

Condition Number and DescriptionCondition 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 VisitThere 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.

Condition Number and DescriptionCondition 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 VisitThe operator is currently undertaking 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 which has subsequently expired (please see the comments associated with condition No.6). The operator is creating a bund around this area and has identified an intention to utilise 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

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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. The area in question is shown in the picture below.

Action point for the operatorThe operator is understood to have included this matter as part of a current pre application submission and should act accordingly which the response from the LPA is given to resolve this matter.as a storage facilities such as this is not a recognised use of this areas of land and it is acknowledged that the site does have approved stockpile areas which each have height limitations conditionally imposed.

Condition Number and DescriptionCondition 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 VisitThe 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 has been reduced in height since the previous visit but the exact height is unclear.

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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 has been greatly reduced as the western side of the stockpile has since been approved for the development of a concrete products facility and it is believed that much of this stockpile extends into this area. The following picture shows some of the imported material which has been placed within the approved concrete products area.

Action point for the operatorThe 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.

Condition Number and DescriptionCondition 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 VisitAll 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.

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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 VisitWater from the site is fed through a system of settlement lagoons which discharge through an approved point close to the quarry entrance. It is understood that this discharge is monitored and regulated by the Environment Agency. The lagoon which was located beside the haul road leading to the quarry void has been by passed and is 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 is effecting the quality of the discharge from the site. The operator has indicated that consultations have taken place the Environment Agency with a view to reviewing the system of lagoons and water treatment at this site. The picture below shows the final settlement lagoon where the water levels were quite high and the discharge appeared to be slightly discoloured.

Action point for the operatorThe operator is invited to consult with the LPA to seek approval for any amendments to the water discharge and treatment system at this quarry.

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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 VisitAccording to the quarry operator the current depth of the quarry is 151 AOD and is therefore still 6 metres above the level before which the operator will be required to submit further information in respect of this condition.

Condition Number and DescriptionCondition 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 VisitA ground and soil clearance operation has been undertaken on an area of land as previously identified by condition no. 24 in this report. It has not been possible to identify the existence of any prior approval having been issued by the LPA to cover the formation of the screen bunds which it is understood have been created around this area by using the recovered top soil.

Action point for the operatorThe operator should liaise with the LPA to seek approval for identified use of the top soil which is being removed from this area.

Condition Number and DescriptionCondition 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 VisitThere was no disturbance of vegetation outside the identified areas of mineral working or tipping, other than in accordance with specific planning permissions.

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Condition Number and DescriptionCondition 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 VisitDiscussions 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 the operatorThe 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. The operator should therefore submit the additional information within 3 months of the date of this site visit which will be on or before the 20th February 2015.

Condition Number and DescriptionCondition 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 VisitThe operator is understood to be importing road planings 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.


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 VisitThis 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

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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 VisitThis is recognised to be a post-dated condition as the quarry remains fully operational.

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3. Compliance with Planning ConditionsNR/01/00011/MIN dated 11/05/2001

Condition Number and DescriptionCondition 1 Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof.

Notes Following VisitThe permission was previously confirmed by the MPA as being implemented on 18 May 2006.

Condition Number and DescriptionCondition 2 Duration

This permission shall not be valid after 21 February 2042. Unless planning permission has been granted for a continuation of operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and temporary buildings removed and the land reinstated in accordance with the further conditions below.

Notes Following VisitThis is recognised to be a post-dated condition.

Condition Number and DescriptionCondition 3 Control of Development

The development hereby permitted shall be carried out in accordance with the details shown on the approved plans (Drawing P46(7) Nos. 1, 2, 3 and 4) unless otherwise agreed in writing with the Mineral Planning Authority (MPA).

Notes Following VisitThe planning permission for this site is acknowledged to have been implemented and the approved use of the land is recognised as being for the production of concrete products. A significant section of the permission area is being used as a stockpile area for fine stone/sand material and a further area has been developed and signposted as a one way haul road to service the neighbouring quarry. It is understood that the future use of this permission area is currently the subject of a pre application enquiry with the LPA.

Action point for the operatorConsider the advice given from the pre application enquiry and take the necessary action to resolve this matter.


The development of the concrete products factory and associated compound shall not exceed the area outlined in red on Drawing P46(7) No. 4.

Notes Following VisitThe excavations appear to be within the permitted area. When the operator carries it the next topographic survey, it would be helpful if the exact location of the excavations is confirmed. It should also be noted that although the permission has been recognised as having been implemented, the full area for this development has not been excavated and as such the eastern area is still in use for the storage of quarry materials and the western

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section is bisected by an internal haul road. Please see the comments for the previous condition re the further development and intensified use of this haul road.


Except as may otherwise be agreed with the MPA, the daily proportion of feed aggregate to the concrete products factory being sourced from within Castle-an-Dinas Quarry shall not fall below 60%.

Notes Following VisitCurrently this condition is not relevant as production of concrete products has not commenced.


The operators shall be responsible for maintaining accurate contemporaneous records of imports of aggregates and the proportion of materials won from Castle-an-Dinas Quarry being used within the concrete products factory. These records shall be retained for a period of at least 3 years and shall be made available to the MPA within 3 days of a request for such records.

Notes Following VisitThis condition is not considered to be relevant at this time as production has not commenced.

Condition Number and DescriptionCondition 7 Amenity Protection (General)

Except as may otherwise be agreed with the MPA, no development shall take place on the site until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation to be submitted to and approved in writing by the MPA (in consultation with the County Archaeologist).

Notes Following VisitThe survey as required by this condition is understood to have been submitted to the MPA and is currently being considered.

Action point for the LPAThe survey should be considered and when determined the Operator should be advised of the outcome.

Condition Number and DescriptionCondition 8 Amenity Protection (General)

All practicable means shall be employed by the operators for preventing and minimising the emission of dust and fumes, smoke, smell or the creation of noise during the approved use of the site. The word practicable and the phrase practicable means in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act 1990 as defined below. The provisions of this condition include the installation and maintenance of silencers on all plant and machinery to the manufacturers recommended specification.

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Notes Following VisitCurrently this condition is not considered to be relevant as production of concrete products has not commenced.

Condition Number and DescriptionCondition 9 Drainage

The operators shall ensure that during the construction of the building and compound the following measures are provided:-

(i) pumps used for pumping out water from excavations shall be sited at a distance from any watercourse to be agreed with the MPA and shall be surrounded by absorbent material to contain oil spillages and leaks;(ii) the discharge of silty or discoloured water from excavations shall be irrigated over grassland or confined in a settlement lagoon to remove gross solids.

Notes Following VisitNo pumping activities are currently being undertaken within this permission area.

Condition Number and DescriptionCondition 10 Visual Amenity

The approved building and the associated external concrete hoppers, mixing plant, cement silos and associated machinery shall be finished in a dark green colour in accordance with details to be agreed with the MPA.

Notes Following VisitIt has previously been established that it is acceptable for the new owner/operator to wait until they have considered whether or not to progress the proposed project prior to agreeing the colour details.


Unless otherwise agreed with the MPA, the approved new screen bunding shall have been constructed and surface treated within three months from the date of the commencement of the construction of the new building/concrete mixing/cement storage plant in accordance with details to be agreed with the MPA in consultation with the Cornwall Wildlife Trust including its form and height. [The height of the bund shall be such that the new building, concrete batching plant, silo or stacked product are not visible from Hellangove or Higher Hellangove Farm dwelling houses].

Notes Following VisitDiscussions have previously taken place between the MPA, the Cornwall Wildlife Trust and the Councils landscape architect concerning the nature of the scheme required for submission to the MPA. Correspondence was sent to the operator dated 8 April 2009 which requested that he submit a scheme. Draft notes were provided to guide details of the form, height, profiling, surface treatment and aftercare of the bund. The operator has previously submitted information regarding this matter but has been required to submit additional information regarding the profile of the bund.

Action point for the operatorThe operator should therefore submit the additional information regarding the landscaping bund within 3 months of the date of this visit which will be on or before the 20th February 2015.

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Prior to the commencement of concrete production, the details of the stockyard surfacing and security fencing (as may be necessary) shall be agreed with the MPA.

Notes Following VisitWhile it is acknowledged that the production of concrete products has not commenced, the operator is reminded that details of the stockyard surfacing and security fencing should be submitted in advance of concrete production.


Prior to the installation of any floodlighting or security lighting that would serve the concrete products factory and associated compound, the operators shall have submitted to and had approved by the MPA a scheme of lighting so as to minimise the impact of such lighting on the visual amenity of the area and to avoid disturbance to the normal enjoyment of nearby properties or users of the public highway.

Notes Following VisitNo floodlighting or security lighting was observed within this permission area and no complaints have been received by the LPA concerning lighting in this area.

Condition Number and DescriptionCondition 14 Working Hours

Except for routine plant maintenance or as may otherwise be agreed in writing by the MPA, no operations (including fixed or mobile plant) authorised or required under this permission shall be carried out on the site except between the following hours:-

between 0700 and 1900 hours Mondays to Fridays andbetween 0700 and 1300 hours on Saturdays.

There shall be no working on Sundays, Bank Holidays or National Holidays.

Notes Following VisitNo complaints have been received.

Condition Number and DescriptionCondition 15 Noise (Specific)

The total noise levels arising from the approved development and the associated quarrying activities combined, between the approved working hours as measured freefield at any inhabited residential dwelling in the vicinity of the site shall not exceed 55 dB LA eq (1 hour).

Noise levels arising from the construction of screen bunds shall not exceed 70 dB LA eq (1 hour) measured freefield at any inhabited dwelling in the vicinity of the site.

Where the MPA notifies the operator that it has received a complaint about noise which is attributable to operations within the site, the operators shall be required to undertake self -monitoring of noise levels and operations (in accordance with a specification to be agreed with the MPA) to demonstrate compliance with this condition.

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Notes Following VisitNo complaints have been received so compliance is acknowledged.

Condition Number and DescriptionCondition 16 Access

Vehicular access to and from the site shall be restricted to the site access road coloured yellow on the approved plan.

Notes Following VisitNo yellow colour was observed on the approved plans. However, the vehicular access used to reach the site from the public highway is the same vehicular access as for the rest of Castle an Dinas Quarry Mineral Site.

Condition Number and DescriptionCondition 17 Access

The operators shall employ best practicable means to prevent the transfer of mud, dust, stones or other deleterious material onto the public highway.

Notes Following VisitThe public highway adjacent to the site access was observed to be clear of debris and is shown in the picture below. There are no outstanding complaints regarding the condition of the public highway.

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Condition Number and DescriptionCondition 18 Restoration

During the operation of the site and aftercare period noxious weeds, in particular Ragwort and Japanese Knotweed, shall not be allowed to colonise the site, including the associated bunding. Recognised control measures shall be implemented as soon as is practicable following initial infestation and shall continue until clearance is achieved.

Notes Following VisitNo noxious weeds were observed within this particular permission area.

Condition Number and DescriptionCondition 19 Restoration

At such time or times as the new building and concrete batching plant and ancillary machinery is no longer used for the purposes for which it is hereby approved, unless otherwise agreed in writing with the MPA, the building/machinery etc shall be removed and the site shall be reinstated and treated in accordance with details to be agreed with the MPA.

Notes Following VisitThe building has not been constructed at this time and as the condition only identifies the building, the concrete batching plant and ancillary machinery when it specified the items which must be removed when they become redundant, it imposed no such requirement on the reinstatement of the land.

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4. Legal AgreementsNone5. CommentsNone6. Noise Monitoring ResultsNone7. Blast Monitoring ResultsNone8. Dust Monitoring ResultsNone9. Other MattersNone10. Issues to be AddressedIssues to be addressed by LPANR/97/00036/ROMPS dated 28/03/1999

Designated Officer Details

Condition 8 ArchaeologyConsider the acceptability of the survey and respond to the operator.

Mr T Warne, Principal Planner.01872 [email protected]

Issues to be addressed by OperatorNR/97/00036/ROMPS dated 28/03/1999 Condition 4 Extent of the Permission and Nature of the DevelopmentThe operator should cease any further importation or disposal of any material in this area and consult with the LPA regarding the possible retention of this material and the final restoration of this area. Condition 22 Plant and MachineryThe operator is required to ensure that the necessary regularising planning application is made to the LPA. Condition 24 StockpilingThe operator is understood to have included this matter as part of a current pre application submission and should act accordingly which the response from the LPA is given to resolve this matter.as a storage facilities such as this is not a recognised use of this areas of land and it is acknowledged that the site does have approved stockpile areas which each have height limitations conditionally imposed. Condition 25 StockpilingThe 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. Condition 27 Drainage Matters and Water InterestsThe operator is invited to consult with the LPA to seek approval for any amendments to the water discharge and treatment system at this quarry. Condition 29 Soil HandlingThe operator should liaise with the LPA to seek approval for identified use of the top soil which is being removed from this area. Condition 31 LandscapingThe 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. The operator should therefore submit the additional information within 3 months of the date of this site visit which will be on or before the 20th February 2015.

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Issues to be addressed by LPANR/01/00011/MIN dated 11/05/2001

Designated Officer Details

Condition 7 Amenity Protection (General)The survey should be considered and when determined the Operator should be advised of the outcome.

Mr T Warne, Principal Planner.01872 [email protected]

Issues to be addressed by OperatorNR/01/00011/MIN dated 11/05/2001Condition 3 Control of DevelopmentConsider the advice given from the pre application enquiry and take the necessary action to resolve this matter.Condition 11 Visual AmenityThe operator should therefore submit the additional information regarding the landscaping bund within 3 months of the date of this visit which will be on or before the 20th February 2015.

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 of armour stone which are currently stored on the quarry floor.

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 above and 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.

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.

It is understood that the operator is currently liaising with the LPA by way of a pre application enquiry regarding several matters at this quarry and once this pre application has been determined it will hopefully establish the most appropriate way of addressing the outstanding matters which have been identified at this site.

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Documents

Web viewA system of hot storage bins has been constructed beside the coating plant and following ... survey to identify and map ... The word practicable and the