agenda item 7politics.leics.gov.uk/documents/s145396/barrow hill... · having looked at the...

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DEVELOPMENT CONTROL AND REGULATORY BOARD 11 TH APRIL 2019 REPORT OF THE CHIEF EXECUTIVE EARL SHILTON RECYCLING LIMITED: RESTORATION OF THE FORMER BARROW HILL QUARRY TO AN AGRICULTURAL USE WITH INERT WASTE AND SOILS, INCLUDING INERT WASTE RECYCLING AND TEMPORARY PASSING BAYS ON MILL LANE (HINCKLEY & BOSWORTH BOROUGH) 2016/CM/0302/LCC (2016/1119/04) 2 nd December 2016 1. Members will recall that this application was brought before the Development Control & Regulatory Board at its meeting on 13 th December 2018. The DCRB resolved that determination of planning application no. 2016/1119/04 be deferred until a future meeting of the Board to enable further information and documentation to be obtained in relation to potential impacts from HGVs interacting with horses and their riders both on and adjacent to the public highway. 2. Following the decision to defer determination of this application, further advice was sought from the British Horse Society (BHS) on potential impacts that may affect both horses and riders using Mill Lane and the commercial stables at Millfield Farm, Mill Lane. A response was received which has been assessed by the Highway Authority (HA). This matter is considered in detail below. Response from the British Horse Society (BHS) 3. There is no specific BHS guidance re horses and HGVs as they are normally considered as part of the general traffic mix which riders may have to cope with. Having looked at the planning application I have visited Mill Lane and Mirfield Farm where the conditions are significantly different from a normal road. 4. Mirfield Farm is a compact site which is now home to a high-end livery and training yard for international show jumpers. These horses are highly alert and in peak condition, so their “flight” responses are on a hair trigger. Their paddocks are adjacent to Mill Lane. Paddocks are usually separated by electric fencing and horses can either jump the wire (risking getting tangled in it) or barge through it, sustaining cuts. Truly panicked horses can bolt and jump boundary fences/hedges. There is therefore potential scope for injuries to these valuable horses and possibly to third parties. 5 Agenda Item 7

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Page 1: Agenda Item 7politics.leics.gov.uk/documents/s145396/Barrow Hill... · Having looked at the planning application I have visited Mill Lane and Mirfield Farm where the conditions are

DEVELOPMENT CONTROL AND REGULATORY BOARD

11TH APRIL 2019

REPORT OF THE CHIEF EXECUTIVE

EARL SHILTON RECYCLING LIMITED: RESTORATION OF THE FORMER BARROW HILL QUARRY TO AN AGRICULTURAL USE

WITH INERT WASTE AND SOILS, INCLUDING INERT WASTE RECYCLING AND TEMPORARY PASSING BAYS ON MILL LANE –

(HINCKLEY & BOSWORTH BOROUGH) 2016/CM/0302/LCC (2016/1119/04) – 2nd December 2016 1. Members will recall that this application was brought before the Development

Control & Regulatory Board at its meeting on 13th December 2018. The DCRB resolved that determination of planning application no. 2016/1119/04 be deferred until a future meeting of the Board to enable further information and documentation to be obtained in relation to potential impacts from HGVs interacting with horses and their riders both on and adjacent to the public highway.

2. Following the decision to defer determination of this application, further advice was sought from the British Horse Society (BHS) on potential impacts that may affect both horses and riders using Mill Lane and the commercial stables at Millfield Farm, Mill Lane. A response was received which has been assessed by the Highway Authority (HA). This matter is considered in detail below.

Response from the British Horse Society (BHS) 3. There is no specific BHS guidance re horses and HGVs as they are normally

considered as part of the general traffic mix which riders may have to cope with. Having looked at the planning application I have visited Mill Lane and Mirfield Farm where the conditions are significantly different from a normal road.

4. Mirfield Farm is a compact site which is now home to a high-end livery and training yard for international show jumpers. These horses are highly alert and in peak condition, so their “flight” responses are on a hair trigger. Their paddocks are adjacent to Mill Lane. Paddocks are usually separated by electric fencing and horses can either jump the wire (risking getting tangled in it) or barge through it, sustaining cuts. Truly panicked horses can bolt and jump boundary fences/hedges. There is therefore potential scope for injuries to these valuable horses and possibly to third parties.

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2016/1119/04 – continued 5. Additionally, Mill Lane is a through route, becoming a bridleway (U107) beyond

Barrow Hill Quarry out to Pingle Lane at The Yennards. So Mill Lane is a link between bridleway U105 alongside the A47 and other bridleways in and north of Earl Shilton and the network south of Potters Marston. This means it is valuable to riders from a wide area as part of various riding circuits. As a road and a bridleway it is also open to walkers, cyclists and the disabled.

6. There are 3 issues in relation to HGV use of Mill Lane.

a. Size of vehicles – Mill Lane is very narrow with a poor surface and HGVs are likely to fill, or more than fill, the available track width. This will be intimidating to horses and other recreational users as the HGV approaches. The only places where vehicles can pass other users are field gateways, which are not necessarily in the right place at the right time and are noticeably shallow on the section of Lane I walked. It would require each HGV to stop as soon as possible and wait for the horses (and any other non-motorised users) to get past them before starting up again. I would point out that new laws have been brought in requiring vehicles to give at least 1.5metres clearance when passing cyclists and there was a recent debate in the House of Lords on having this extended to horses. This is not possible on Mill Lane.

b. Noise – engine/wheel noise plus rattling, particularly from empty lorries. I

think this is especially relevant to the horses at Mirfield Farm, which might be alarmed by sudden noises on the other side of the hedge. It would certainly be a major factor in increasing alarm to users of Mill Lane.

c. Speed – especially if the HGV drivers are on ‘piece work’ rates and paid

according to the number of drops per day. It is quite a lengthy trip from/to the A47 from the Quarry so this is ‘dead’ time that the drivers will be keen to minimise. A large vehicle driven at speed towards a horse will panic it, particularly if – as in this case – there is no space to get out of close proximity to the vehicle. A horse being approached at speed by a large, noisy vehicle is liable to spin round, possibly dumping its rider, and gallop back to where it was “safe”. Given the proximity of the A47 this could cause a major road traffic accident.

7. Any of the above could be mitigated by:

d. Courtesy and consideration, but it is incredibly difficult to ‘police’ any rules that a planning committee might set, eg a 10mph speed limit along Mill Lane. It would still need adequately wide passing/waiting places at each bend. Mill Lane needs to be treated as a single-track railway would be – with no vehicle on a section (or all?) of it if another vehicle is coming the other way. At the very least this would require a well-thought out protocol for mobile phone communication and an element of control to ensure the system works as intended.

8. This is a relatively short-term project but if it is relying on HS2 for a lot of its

material, it could have a much-delayed start as the construction dates seem to recede every time there is a consultation. In the meantime, the long-established

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2016/1119/04 – continued

business at Mirfield Farm could be significantly blighted by the worry that this might start suddenly or, possibly worse, start, then pause, then start again. The excellent equestrian facilities at the Farm would be considerably devalued. To put it in a nutshell – horses and HGVs at this frequency and proximity DO NOT MIX.

9. The Highway Authority has considered the comments of the British Horse

Society and has also reassessed the suitability of Mill Lane to accommodate the HGV movements associated with this proposal. The Highway Authority makes the following comments: Leicestershire County Council Highway Authority (HA)

10. The HA has considered the BHS response, and offers further highways comments, further to those made in March 2017. It is acknowledged that Mill Lane is narrow and less than 3m in places, but the only other option for access via The Yennards. This would create one way in and one way out has been assessed and discounted by the LHA for a number of reasons including: • Number of weight restrictions on surrounding roads; • Potential increase in traffic on unsuitable routes through villages; and • Significantly higher risk to pedestrians and other users due to number of

footpaths and bridleways that are accessed via Pingle Lane, Stanton Lane, Potters Marsden Lane and Thurlaston Lane.

11. The HA notes the change in law (March 2018) and the Highway Code's

insistence that cars should leave a decent distance between them and cyclists when passing (1.5m). However this requirement has not been extended to horses in the Highway Code so there is no requirement for this, although drivers ought to drive with caution and give plenty of room.

12. The HA cannot guarantee that HGV’s and horses will not come into conflict on

Mill Lane (which could happen on any public highway), although there has been no evidence presented as to the number of horses that use the bridleway/Mill Lane and therefore the HA cannot comment on how often conflict could occur. The BHS and Applicant in separate correspondence have suggested that a temporary 10mph speed limit may be imposed and the applicant has also advised the CPA that the matter could be included in a Traffic Management Plan (TMP). Mill Lane is subject to a 60mph speed limit and any temporary reduction is likely to require a stepped approach whereby the speed limit would need to be reduced in 20mph increments. However, it is doubtful that the speeds along Mill Lane are that high due to the nature of the road and there are no existing safety issues so the implementation of a temporary 40mph is unlikely to be effective. The HA also considers that the TMP is not the correct mechanism for reducing traffic speed and any enforcement of a lower speed limit would be down to the police.

13. Having reviewed the latest Personal Injury Collision (PIC) database in the

vicinity of the site, the HA notes that there has been one PIC which was classified as severe and involved two vehicles colliding at the junction of Mill Lane / A47 Earl Shilton bypass in December 2018.

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2016/1119/04 – continued

Improvements to condition of Mill Lane

14. The HA proposes a condition that requires the applicant to undertake a ‘before and after’ survey of Mill Lane. This survey should be carried out with input from the LHA and any additional damage to the carriageway will need to be rectified under Section 59 of the Highways Act post completion of the development.

15. The HA also proposes a condition requiring a Construction Method Statement prior to commencement of the development to include details of wheel wash facilities at the site entrance/exit to prevent deleterious material being deposited on the highway.

16. Following concerns raised by the DCRB at the December 2018 meeting, the HA now requests an amended mitigation scheme for Mill Lane to include widening of Mill Lane between the A47 and Mirfield Farm Equestrian Centre to prevent/discourage overrunning by vehicles and help to get HGVs off the A47 quicker. There would need to be some cutting and maintenance of the vegetation along Mill Lane during the period of works to improve visibility for all users of Mill Lane and prevent HGVs breaking branches and depositing them on to the carriageway. These measures would be supported by enhanced signing at appropriate locations i.e. ‘road widening / road narrows’ and ‘caution horses’ to advise HGV.

17. The location of the proposed development next to an equestrian centre and condition of Mill Lane are not ideal. Nevertheless the HA does believe the impact of the proposed development can be mitigated by the imposition of the conditions outlined below. Assessment of Further Information

18. The BHS raises important concerns about how HGVs may impact upon horses and riders along Mill Lane and the equine business at Mirfield Farm. However, it is considered that the BHS has not raised any additional concern that previously has not been considered, nor has it been able to quantify the precise level of impacts on users of Mill Lane, which is a public highway and open to all traffic.

19. The HA has considered the response of the BHS and maintains that the proposal will not cause severe impacts on highway safety, subject to the imposition of appropriate conditions. Notwithstanding this, in reassessing the proposals in the light of the BHS comments, the HA now considers it necessary to request a condition requiring some widening and kerbing along Mill Lane between its junction with the A47 Clickers Way and Mirfield Farm.

20. The applicant proposes a 10mph speed limit for HGV drivers using Mill Lane

which would form part of a Traffic Management Plan. However, as Mill Lane is a public highway and not under the control of the applicant, such a limit would be unenforceable and, therefore, no weight ought to be afforded to this proposed mitigation. That said, due to the nature of the surface and narrow width of Mill Lane, it is anticipated that all traffic associated with the site would have to travel relatively slowly and cautiously.

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2016/1119/04 – continued 21. Overall, it is considered that the comments of the BHS do not change the

assessment of the proposal and the recommendation contained in the report to the Development Control & Regulatory Board in December 2018, which is reproduced below with a revised set of conditions. The amendment to the respective condition (condition 11) is in bold text. It is also considered expedient to reword proposed condition 13 to ensure that it is enforceable.

Recommendation

1. PERMIT planning application no. 2016/1119/04 subject to the conditions as set out in Appendix A below and the prior signing of a planning obligation covering off site works including drainage, highway improvements and signage.

2. To endorse as required by the Town and Country Planning (Development

Management Procedure) Order 2015 (as amended), a summary of how the County Planning Authority has worked with the applicant in a positive and proactive manner:

In dealing with the application and reaching a decision account has been taken of paragraphs 38 of the National Planning Policy Framework.

Circulation Under the Local Issues Alert Procedure Mrs J. Richards CC Officer to Contact Mr Peter Bond (Tel. No. 0116 305 1085) Email: [email protected] Appendices Appendix A – Proposed conditions. Appendix B – Report considered by Development Control and Regulatory Board on 13 December 2018.

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2016/1119/04 – continued APPENDIX A Conditions Scope of Permission 1. The development hereby permitted shall be commenced within three years from the date of this permission. Written notification of such commencement shall be provided to the County Planning Authority within seven days of the commencement taking place. 2. Unless otherwise required by the following conditions the development hereby permitted shall be carried out in accordance with the following details:

Application form dated 23/11/2016;

Planning Statement dated November 2016;

Drawings Nos: 1866-01-01 – Site Location Plan; 1866-01-02 Rev B – Statutory (Red Line) Plan; 1866-01-04 – Vegetation Removal/Protection Plan; 1866-01-05 Rev A – Access Arrangements; 2700/1/002 Rev B – Proposed Formation Levels; 2700/1/003 Rev B – Top of Liner Levels; 2700/1/004 – Sections; 2700/1/005 Rev E – Proposed Restoration Levels; 2700/1/006 Rev D – Proposed Phasing Plan; 1866-01-03 Rev B – Landscape & Ecological Enhancement Plan;

Supporting Statement dated 22/01/2018;

Ecological Assessment by Axis Ltd dated 8th November 2016;

Transport Assessment by Axis Ltd dated November 2016

Noise Impact Assessment by NVC Ltd dated 9th September 2016;

Landscape and Visual Impact Assessment by Axis Ltd dated November 2016;

Flood Risk Assessment and Conceptual Surface Water Management Plan dated 16th March 2017;

Letter from John Hollister of AECOM dated 6th February 2018 and accompanying plans ref. 60550671-01 – Passing Bays & 60550671-02

Acoustic Fencing details; and

Email and attached drawings from John Hollister of AECOM dated 1st November 2018.

Working and Phasing Details 3. The phasing of restoration operations shall take place in accordance with plan ref. 2700/1/006 Rev D – Proposed Phasing Plan dated 22nd November 2016. Restriction of Permitted Development Rights. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or as amended):

a) no fixed plant or machinery, buildings, structures and erections shall be erected, extended, installed or replaced at the site without the prior approval in writing of the County Planning Authority; and b) no artificial lighting shall be installed or erected at the site unless details of the location, height, design, hours of operation and luminance have been

agreed in writing by the County Planning Authority.

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2016/1119/04 – continued Hours of Operation 5. No operations shall be carried out on the site except between the following times:

07:00 – 18:00 Monday to Friday; and 07:00 – 13:00 Saturdays. No operations shall be carried out anytime on Sundays, Bank Holidays and Public Holidays.

6. Notwithstanding Condition 6 above, no HGVs shall enter the site and no crushing operations shall be undertaken except between the hours of 07:00 and 17:00 Monday to Friday.

Access and Highways 7. The proposed new site access off Mill Lane, as indicated on drawing no. 1866-

01-05 Rev A – Access Arrangements shall be the only access point to and from the public highway. No vehicles accessing or leaving the site shall do so by any other access.

8. All vehicles exiting the site shall have their wheels cleaned as may be necessary

so that no mud and other debris is deposited on the public highway. 9. The surfacing of the site access shall be maintained in a good state of repair and

kept clean and free of mud and other debris at all times and until such time as it is no longer required for these operations.

10. No waste or engineering material shall be imported to the site until details of the

design for the off-site highway works, being a scheme of widening and passing bays where appropriate on Mill Lane, including the section of highway between the junction of Mill Lane with Clickers Way and Mirfield Farm and warning signs on Clickers Way and Mill Lane, have been approved in writing by the County Panning Authority and the approved scheme has been constructed in accordance with the approved details.

11. No waste or engineering material shall be imported to the site until such time as a

site traffic management plan, including wheel cleansing facilities and vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the County Planning Authority. The development shall thereafter be carried out in accordance with the approved details and timetable.

12. No HGV shall enter the site until a scheme for the surveying of the condition of Mill Lane has been submitted to and agreed in writing by the County Planning Authority. The scheme shall provide for a survey of the condition of Mill Lane to be undertaken before waste or engineering material is imported in to the site and for the results of this survey to be provided to and agreed in writing by the County Planning Authority. The scheme shall also provide for a repeat survey of the condition of Mill Lane to be undertaken no later than four weeks after the site has been restored to the levels indicated on plan ref. 2700/1/005 Rev E – Proposed Restoration Levels and for the

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2016/1119/04 – continued results of this survey to be provided to and agreed in writing by the County

Planning Authority. The repeat survey shall set out what (if any) remediation highway works are required as a consequence of the haulage movements associated with the development approved by this permission to restore the surface of Mill Lane to the condition previously agreed with the County Planning Authority prior to the importation of waste taking place. All (if any) remedial works required by the approved repeat survey shall be completed within 28 days of the remediation scheme being approved in writing.

13. There shall be no more than 25 HGV movements in to the site and no more than

25 HGV movements out of the site on any working day. Written records of all HGV movements in to and out of the site shall be maintained for the duration of the development and a record of such movements shall be provided to the County Planning Authority within 48 hours of such a request being made.

Drainage (Please also see Notes to Applicant) 14. No waste or engineering material shall be imported to the site until a scheme for

off-site drainage works has been submitted to and agreed in writing by the County Planning Authority. The development hereby approved shall take place only in accordance with the approved scheme.

15. All surface water shall be discharged from the site in accordance with the details

contained in the Flood Risk Assessment and Conceptual Surface Water Management Plan dated 16th March 2017.

16. Prior to the discharge of any surface water from the site a scheme for the long

term maintenance of the surface water drainage system within the development shall have been submitted to and approved in writing by the County Planning Authority.

Protection of Vegetation 17. All trees, shrubs and hedges planted or retained within or along the boundary of

the site shall be protected and maintained throughout the duration of the development and restoration operations hereby permitted. Such maintenance shall include the replacement of any plant that may die or be seriously damaged or become seriously diseased in accordance with details previously approved in writing by the County Planning Authority.

18. Prior to the importation of waste or engineering material to the site, a tree survey

shall be undertaken by a qualified Arboricultural consultant in accordance with British Standard 5837:2012 Trees in relation to design, demolition and construction – Recommendations to ensure that the proposed carriageway widening works along Mill Lane between its junction with Clickers Way and the Site entrance do not damage existing trees. In addition it must be demonstrated that the trees will have a clearance of 5.2m over the highway to ensure that construction vehicles and tipper trucks do not damage the lower branches of the trees.

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2016/1119/04 – continued

Rights of Way

19. No waste or engineering material shall be imported to the site until a Traffic Management Plan has been submitted to and approved in writing by the County Planning Authority. The Traffic Management Plan shall include, as a minimum, the steps to be taken in order to:

• create a left in / left out access for all HGV traffic from/to Clickers Way/Mill

Lane;

control the speed of HGVs; • establish courtesy / safety protocols / priorities for when other users and HGVs need to pass each other; and • establish procedures for addressing any complaints, reporting, enforcement

and review. Ecology 20. All development on site must be carried out in accordance with the badger

mitigation recommendations in the Ecological Assessment report by Axis Ltd (2016) and any subsequent updates. Badger re-surveys by a competent ecologist and updating of mitigation plans must be done prior to the start of each phase of development, and recommended mitigation arising from this must be followed prior to each phase commencing.

21. Vegetation and site clearance may only take place outside the bird nesting

season (March to August inclusive) or within 24 hours of receipt of a written ‘all-clear’ from a suitably qualified ecologist following a negative bird-nesting survey. A copy of the written ‘all clear’ shall be provided to the County Planning Authority within 48 hours of a request for such document being received by the applicant/operator.

Amenity Protection 22. Prior to the importation of any waste or engineering material to the site an

Environmental Management Plan shall be submitted to and agreed in writing by the County Planning Authority. The plan shall detail how, during the site preparation and operational phases of the development, impacts on existing residential premises and the environment shall be prevented or mitigated from dust, noise and light. The plan shall detail how such controls will be monitored. The plan will provide a procedure for the investigation of complaints. The development shall not take place except in accordance with the approved Environmental Management Plan.

Contaminated Land 23. Prior to the importation of any waste or engineering material to the site a scheme

for the investigation of any potential land contamination on the site has been submitted to and agreed in writing by the County Planning Authority which shall include details of how any contamination shall be dealt with. The approved scheme shall be subsequently implemented in accordance with the agreed

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details and any remediation works so approved shall be carried out prior to the site first being occupied.

2016/1119/04 – continued 24. If during development, contamination not previously identified is found to be

present at the site, no further development shall take place until an addendum to the scheme for the investigation of all potential land contamination is submitted to and approved in writing by the County Planning Authority which shall include details of how the unsuspected contamination shall be dealt with. All remediation works so approved shall be carried out prior to the recommencement of the development.

Site Restoration, Planting and Aftercare 25. No later than six months after the commencement of the development the

applicant shall submit a detailed restoration and aftercare programme for the site for the written approval of the County Planning Authority. The site shall only be restored in accordance with the approved scheme and in accordance with conditions 26 and 27 below.

26. No later than four years from the date of commencement of the development (as

notified under Condition 1 above), all plant, machinery and temporary structures shall be removed from the site and the whole of the site shall be restored to the levels indicated on drawing no. 2700/1/005 Rev E and in accordance with a detailed restoration scheme approved under Condition 25 above.

27. Following the final restoration of any part of the site the land shall be treated for a

5 year period in accordance with an aftercare scheme or schemes which shall have been submitted to and approved by the County Planning Authority prior to the completion of restoration in the relevant part of the site. For the avoidance of doubt the aftercare requirements will apply to areas of agriculture, grassland, woodland, reedbeds and wetlands, trees and hedgerows. The submitted schemes shall: a. be submitted for the written approval of the County Planning Authority prior

to the replacement of topsoil or the formation of a reedbed or wetland, grassland or the planting of a tree or hedgerow shall take place;

b. provide an outline strategy for the 5 year aftercare period. This shall specify the steps to be taken and the period during which they are to be taken to return the land to beneficial use and shall provide for annual meetings between the operator, the County Planning Authority and other agencies as appropriate (e.g. Natural England, Environment Agency) in respect of any restored arable land, grassland, reedbed and wetland, hedgerow or trees.

c. provide for the submission, annually, and implementation of a detailed annual programme of aftercare works having regard to extant relevant guidance regarding agriculture, forestry, ecology and nature conservation.

Reasons 1. To comply with Section 91 of the Town and Country Planning Act 1990 (as

amended) and to allow the County Planning Authority to monitor development at the site.

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2. For the avoidance of doubt and to ensure that the development is carried

out in a satisfactory manner and in accordance with the details submitted. 2016/1119/04 – continued 3. To ensure that the development is undertaken in a phased and methodical

manner and to ensure that restoration can take place at the earliest opportunity (Policy MCS17 of the Leicestershire Minerals Development Framework Core

Strategy). 4. Due to the location of the site there is an exceptional need to secure control

over additional plant, machinery and lighting, in the interests of the amenity of the area and bearing in mind the degree of discretion otherwise allowed by the GPDO.

5&6 To protect the amenities of local residents and to reduce the risk of conflict

between HGVs accessing the site and users of Mill Lane and local rights of way. 7,8 In the interests of highway safety and local amenity (Policy WDC10 of the 9,10 Leicestershire & Leicester Waste Development Framework Core Strategy) 11,12 & 13. 14. The Applicant cannot currently demonstrate an acceptable form of post

restoration surface water drainage and off site drainage is required that is beyond the scope of this planning permission (Policy WDC12 of the

Leicestershire & Leicester Waste Development Framework Core Strategy).. 15. To prevent flooding by ensuring the satisfactory storage and disposal of surface

water from the site (Policy WDC12 of the Leicestershire & Leicester Waste Development Framework Core Strategy).

16. To establish a suitable maintenance regime that may be monitored over time;

that will ensure the long-term performance, both in terms of flood risk and water quality, of the surface water drainage system (including sustainable drainage systems) within the proposed development (Policy WDC12 of the Leicestershire & Leicester Waste Development Framework Core Strategy).

17& In the interests of local amenity and to protect existing vegetation in the 18. locality (Policy WCS10 of the Leicestershire & Leicester Waste Development Framework Core Strategy). 19. In order to reduce the risk of conflict between rights of users and vehicles

accessing the site (Policy WDC11 of the Leicestershire & Leicester Waste Development Framework Core Strategy).

20& To protect ecological interests and protected species (Policy WCS10 of the 21, Leicestershire & Leicester Waste Development Framework Core Strategy). 22. In the interests of local amenity (Policies WDC8 and WCS10 of the.

Leicestershire & Leicester Waste Development Framework Core Strategy). 23& To minimise the risk of ground contamination (Policies WDC11 and WDC17 of

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24. the Leicestershire & Leicester Waste Development Framework Core

Strategy). 25,26 To ensure a satisfactory form of restoration that takes place in a timely manner 2016/1119/04 – continued & 27. and to ensure that the site is returned to a beneficial use thereafter (Policy WDC15 of the Leicestershire & Leicester Waste Development Framework Core Strategy and DM4 of the Hinckley & Bosworth District Council Local Plan). Notes to Applicant 1. You will be required to enter into a suitable legal Agreement with the Highway

Authority for the off-site highway works before development commences and detailed plans shall be submitted and approved in writing by the Highway Authority. The Agreement must be signed and all fees paid and surety set in place before the highway works are commenced.

2. The Applicant is advised that while waste recycling operations ancillary to the inert landfilling approved by this permission are considered acceptable in this instance, the location of the site is not considered appropriate as a stand alone waste recycling facility.

3. Where there are any works proposed as part of an application which are likely to affect flows in a watercourse or ditch, the applicant will require consent under Section 23 of the Land Drainage Act 1991. This is in addition to any planning permission that may be granted. Guidance on this process and a sample application form can be found via the following website: http://www.leicestershire.gov.uk/Flood-riskmanagement. No development should take place within 5 metres of any watercourse or ditch without first contacting the County Council for advice.

4. All operations shall be carried out in a manner which minimises the emission of dust from the site. All haul roads and vehicle movement areas shall be compacted. All haul roads, vehicle movement areas and dry exposed material shall be watered as necessary in dry and windy conditions to prevent dust becoming airborne.

5. The Applicant’s attention is drawn to the letter from National Grid dated 21st December 2016.

6. A copy of the permission, plans and documents referred to in Condition 2 above, including any other plans and documents subsequently approved in accordance with any condition of this permission, shall be kept available on site for the duration of the development.

Respective condition notes pertinent to conditions 14 – 16 inclusive 1. The off-site drainage scheme required to be submitted under Condition 14 shall

be based on the information submitted under email from John Hollister dated 1st November 2018 and attached drawing no. 60550671-ESH-005 titled ‘Restoration Surface Water Management’.

2. The scheme shall include the utilisation of holding sustainable drainage techniques with the incorporation of sufficient treatment trains to maintain or improve the existing water quality; the limitation of surface water run-off to equivalent greenfield rates; the ability to accommodate surface water run-off on-

site up to the critical 1 in 100 year return period event plus an appropriate allowance for climate change, based upon the submission of drainage

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DC&REG BOARD 11/04/2019

calculations. Full details for the drainage proposal should be supplied, including but not limited to, headwall details, pipe protection details (e.g. trash screens), long sections and full model scenarios for the 1 in 1, 1 in 30 and 1 in 100 year plus climate change.

2016/1119/04 – continued 3. Details should demonstrate how surface water will be managed on site to prevent

an increase in flood risk during the various construction stages of development from initial site works through to completion. This shall include temporary attenuation, additional treatment, controls, maintenance and protection. Details regarding the protection of any proposed infiltration areas should also be provided.

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