reference: site - thurrock 10... · 2015. 8. 5. · dq_r10.0 drawing 20th may 2015 dq_r5.1 drawing...

Planning Committee 13.08.2015 Application Reference: 14/01316/MIN

Reference:14/01316/MIN

Site: Dansand QuarriesStanford RoadOrsettEssexRM16 3BB

Ward:Orsett

Proposal: Continuation of extraction of minerals (Old Haven Sand - also known by the brand name Thanet Sand) remaining from the cessation of planning permission ref: 00/00890/CONDC (pursuant to planning permission ref: THU/400/84) for a 10 year period (until 2025) together with the subsequent restoration, retention of access, retention of and phased relocation of ancillary facilities at land south of Stanford Road (A1013), south west of the Orsett Cock roundabout and west of Brentwood Road (A128), also known as Dansand Quarry.

Plan Number(s):Reference Name Received 14 Site Layout 2nd December 2014 DQ_R1.3 Drawing 20th May 2015 DQ_R8.2 Drawing 20th May 2015 DQ_R2.1 Drawing 20th May 2015 DQ_R10.0 Drawing 20th May 2015 DQ_R5.1 Drawing 20th May 2015 DQ_R7.2 Drawing 20th May 2015 DQ_R4.1 Drawing 20th May 2015 DQ_R3.1 Drawing 20th May 2015 DQ_R6.1 Drawing 20th May 2015 DQ_R9.0 Drawing 20th May 2015 13-T010_25 Site Layout 15th May 2015 13-T010_29 Drawing 15th May 2015 13-T010_27 Drawing 15th May 2015 13-T010_104 Drawing 24th March 2015 13-T010_100 Drawing 24th March 2015 13-T010_103 Drawing 24th March 2015 13-T010_102 Drawing 24th March 2015 13-T010_101 Drawing 24th March 2015


The application is also accompanied by:

Planning Statement 3d Modelling Site Survey Air Quality Assessment

Applicant:Recycled In Orsett Limited

Validated: 5 December 2014Date of expiry: 6 March 2015

Recommendation: Approve, subject to conditions and legal agreement

1. DESCRIPTION OF PROPOSAL

1.1 This application proposes the continued extraction of Old Haven Sand (brand name ‘Thanet’ Sand) for a 10 year period (until 2025) together with the phased and progressive restoration of the site (2015 until 2027).

1.2 This is one of two applications at this site which are currently under consideration. The associated application for the use of the quarry as a recycling centre is reported on this agenda, referenced 14/01315/FUL.

1.3 This application proposes the continued extraction of Thanet Sand to a maximum depth of 23 metres AOD, which is the depth permitted by previous consents. The quantum of Thanet Sand proposed to be extracted is 570,618 cubic metres which equates to 741,803 tonnes. The applicant proposes to extract approximately 74,000 – 80,000 tonnes of Thanet Sand per annum over the 10 year lifespan of the extraction works.

1.4 The applicant advises ‘Thanet Sand is not in its own right a particularly useful construction product. However, when blended with other materials – much of which is undertaken on site at the quarry, the product makes a very good ‘filler’ or base product which is commonly used in a range of construction projects’. The site operates two approaches for the processing of Thanet sand extracted from the site:

(a) Exported from the site as pure Thanet Sand (i.e. in an unblended form). The applicant advises that approximately 63% of the extracted material is exported in this form.

(b) Blended and mixed with materials produced on site from the recycling operations; the blending process creates a range of products that can be used by the construction industry, most notably blended fill


materials for various application and soil production. The applicant advises that approximately 37% of the extracted material is exported in this form.

1.5 In addition to the sand remaining within the ground, the applicant has provided a calculation of ‘Volumes for Extra Stockpiles’ within the site. At the time of the survey there were 106,759 cubic metres of product present on the site in the form of stockpiles. This is principally arising from the recycling operation but includes material blended with the Thanet Sand extracted from the site.

1.6 The site extends to approximately 13 hectares and is an existing quarry used for the extraction of Thanet Sand since the 1960’s. The site has been worked fully to 23 metres AOD in the southern and central areas of the site.

1.7 The applicant’s site survey splits the site into various zones (see table 1 below). The zones are not representative of proposed phasing of minerals extraction but merely express the quantum of resource which remains in the site.

Table 1: Volume if worked to 23m AOD (from Planning Statement Addendum ref: 14/01316/MIN & 14/011315/FUL:


1.8 The phasing is proposed as per the following table:

1.9 The quantities of sand to be removed will be as detailed in the following table:

1.10 Historical planning consents have permitted operations between the hours of 07:00 – 18:00 Mondays to Fridays and 07:00 – 12:30 on Saturdays with no operations at the site on a Sunday. The application seeks to maintain these operational hours.

1.11 A stockpile of excavated material would be created in the working area from which a loading shovel would extract material for screening and blending. The screen would operate in a similar location as currently located i.e. towards the centre of the site, but at the full depth of the excavations. This would be some 12 metres below the ground level beyond the site boundary.

1.12 The existing vehicular access to the site is gained via a priority junction in Stanford Road. This is proposed to continue to be used.

1.13 Phase 1 (currently being implemented on the site) includes the provision of a HGV stacking system within the current car parking area located in the north east corner of the site. Phase 1 includes the provision of a wheel spinner before vehicles access the wheel wash. Whilst the applicants await


delivery of the wheel spinner, the applicant proposes to provide a jet wash facility to assist with the cleaning of vehicle wheels prior to them leaving the site. Phase 2 (2020-2025) includes the relocation of the weighbridge, wheel wash and site office combined with the creation of an asphalt road within the site (to haul road standards) from the front gates to the new weighbridge.

1.14 The site is proposed to be restored to a mixed grassland/scrub/woodland mosaic habitat. The previous restoration scheme for the site proposed restoration to a heathland.

1.15 The proposed landform has been designed to allow maximum gradients of 1:3 around the edge of the restored quarry. It is proposed to retain some of the existing sand faces. It is proposed that the floor of the quarry would be left with a variable profile of undulations and minor landforms. A series of depressions are proposed on the quarry floor, to allow water to collect and potentially create water bodies.

1.16 The landscape strategy states; ‘The material required for the restoration would be generated from recycled material from construction properties within approximately 20 mile radius of the site. This will be blended with the over burden store in the peripheral mounds around the site to generate a suitable substrate for the final restoration surface layer. Material would be divided into three types: Soil based material (see below); Sand based material – reserved for use in the upper layers of restoration materialor in areas of base ground; Other construction material – used to form the core of peripheral 1:3 slopes, overwhich the two previous types of material will be placed’. (Para 2.3.1).

1.17 The total material that would be required to restore the site is 465,745m3. The restoration is proposed to be carried out in the following phases:


1.18 The Council issued an EIA Screening Opinion on the 5th March 2014 concluding that the proposal is not an EIA development.

2. SITE DESCRIPTION

2.1 The application site is located on Stanford Road in Orsett, adjacent to the junction of Brentwood Road. The Site measures 13 hectares and is predominately formed of a quarry which has been used for the extraction of Thanet Sand since the 1960’s and more latterly for recycling activities.

2.2 Access and egress to the site is obtained via a single access point towards the north-western corner of the quarry, connected to Stanford Road. The A13 is located within close proximity of the site.

2.3 Footpath FP79 runs along the western edge of the site from north to south. The footpath is open in nature with little vegetation along the section adjacent to the site boundary. Originally, a public footpath crossed the site following the line of Footpath FP105 north-westwards. This was joined from the east by Footpath FP106 on the southern site boundary, which links to Brentwood Road. Due to the severance of FP105, a permissive route is now in operation linking FP105 and FP106 with FP79 along the western half of the southern site boundary.

3. RELEVANT HISTORY

3.1 The Site is owned by Metropolitan Waste Management (Orsett) Limited and operated by ‘Recycled in Orsett’ (RIO). The Site was purchased in January 2008. As such, RIO have occupied the site for mineral extraction and recycling for the past six years.

Minerals Extraction

THU/1023/68 The use of the Site as a quarry for the extraction of Thanet Sand dates back to 1968 when planning permission was originally

Approved


granted for the extraction of minerals at the Site.

81/00384/MIN ‘Extraction of sand remaining from cessation of permission THU/1029/69 (Sand and Gravel Extraction). To produce sand and stone ‘as raised’. Fill materials, adjacent to and south west of Orsett Cock Roundabout’

Refused.

THU/400/84 “Recommencement of extraction of minerals remaining from the cessation of permission THU/1029/68 on land adjacent to and south west of the Orsett Cock Roundabout (South of A1013 and west of A128)”

Approved in 1994

00/00890/COND “Variation of Condition 8 of THU/400/84 to extend the time period for the completion of extraction and restoration operations (for a further 10 years)”.

Approved

03/00688/COND Vary Conditions 4 and 7 which required the development to be i) carried out in accordance with the details submitted with the original consent, and ii) to ensure that no working took place below 23 metres AOD.

Refused in September 2004

14/00945/MIN Continuation of extraction of minerals (Thanet Sand – also referred to as ‘Old Haven Sand’) remaining from the cessation of planning permission ref: 00/00890/CONDC (pursuant to planning permission ref: THU/400/84) for a 10 year period (until 2024) together with the subsequent restoration, retention of access, retention of and phased relocation of ancillary facilities at land south of Stanford Road (A1013), south west of the Orsett Cock roundabout and west of Brentwood Road (A128), also known as Dansand Quarry.

Withdrawn

Recycling

ESS/26/97/THU (97/00325/ESS)

‘Use of part of the existing quarry as a recycling centre on land to the south of the A1013 Stanford Road, south west of the Orsett Cock roundabout and west of Brentwood Road, Orsett, also known as Dansand Quarry’.

Approved in 1997


This related to an area measuring approx. 80m (east / west) by 60m towards the south-eastern part of the site. Having regard to the Committee report at the time, the use entailed the recovery of secondary aggregate from construction materials using;- Screening plant: To screen sand, gravel, soil and various other materials.- Mobile crusher: To screen brick, tiles, concrete, tarmac and stone.- Container crusher: A portable crusher suited to the demands of the demolition andrecycling industries.

THU/98/657/MIN

‘Renewal of permission granted by Essex County Council for use of part of existing quarry as recycling centre (ESS/26/97/THU)’,

Approved November1998.

THU/98/00615/MIN (formerly ESS/85/97/THU)

Extension to permitted recycling Centre(extension to 98/00657/MIN)

Allowed on appeal in 1999

01/00328/COND ‘Variation of conditions 2 of THU/98/00615/MIN and 1 of THU /98/00657/MIN to enable the continuation of recycling centre use of the site until April 2013 (currently permitted to 23rd April 2002)’.

Approved

14/00946/FUL Continuation of use of an area within the existing quarry as a recycling centre for the storage, processing and sale of aggregate waste and soils together with ancillary facilities and access on land south of Stanford Road (A1013), south west of the Orsett Cock roundabout and west of Brentwood Road (A128), also known as Dansand Quarry.

Withdrawn

Other02/00705/FUL Temporary offices, storage units, canteen and

WC until April 2013.Approved


4. CONSULTATIONS AND REPRESENTATIONS

4.1 Detailed below is a summary of the consultation responses received. The full text can be viewed on the Council’s website via public access at the following link:

www.thurrock.gov.uk/planning/14/01316/MIN

4.2 The application has been advertised by way of site notices and press advert. In addition, neighbours have been notified by letter. At the time of drafting this report three letters have been received objecting to the proposal on grounds summarised below;

- Questions the suitability of material entering the site;- Dirt and dust on the road giving rise to a hazard and making vehicles

dirty;- Problems caused by windblown dust from the site causing potential

negative health effects and nuisance;- Environmental pollution;- Litter / smells;- Out of character;- Overlooking of property;- Excessive noise;- Spoiling views;- Late night activity on the site;- Unexplained fires;- Stockpiling of waste on site and the operator ignoring instruction

from the Environment Agency;- Access to the site and the impact of additional traffic; - Impact of noise from lorries.

HIGHWAYS:

4.3 No Objection with conditions.

ENVIRONMENT AGENCY:

4.4 No objection.

ENVIRONMENTAL HEALTH:

4.5 No objections subject to conditions.

http://www.thurrock.gov.uk/planning/14/01316/MIN


FLOOD RISK MANAGER:

4.7 No objections.

LANDSCAPE AND ECOLOGY ADVISOR:

4.8 No objections subject to conditions.

5. POLICY CONTEXT

National Planning Policy Framework

5.1 The NPPF was published on 27th March 2012. Paragraph 13 of the Framework sets out a presumption in favour of sustainable development. Paragraph 196 of the Framework confirms the tests in s.38 (6) of the Planning and Compulsory Purchase Act 2004 and s.70 of the Town and Country Planning Act 1990 and that the Framework is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.

5.2 The following headings and content of the NPPF are relevant to the consideration of the current proposals.

1. Building a strong, competitive economy 3. Supporting a prosperous rural economy 4. Promoting sustainable transport 7. Requiring good design 8. Promoting healthy communities 9. Protecting Green Belt land 10. Meeting the challenge of climate change, flooding and coastal change11. Conserving and enhancing the natural environment 12. Conserving and enhancing the historic environment 13. Facilitating the sustainable use of minerals

Planning Practice Guidance (NPPG)

5.3 In March 2014 the Department for Communities and Local Government (DCLG) launched its planning practice guidance web-based resource. This was accompanied by a Written Ministerial Statement which includes a list of the previous planning policy guidance documents cancelled when the NPPF was launched. PPG contains 42 subject areas, with each area


containing several sub-topics. Those of particular relevance to the determination of this planning application comprise:

Air quality

Climate change

Flood Risk and Coastal Change

Health and wellbeing

Land Stability

Minerals

Noise

Planning obligations

Travel plans, transport assessments and statements in decision-taking

5.4 The NPPG states that planning for the supply of minerals has a number of special characteristics that are not present in other development:

Minerals can only be worked (i.e. extracted) where they naturally occur, so location options for the economically viable and environmentally acceptable extraction of minerals may be limited.

Working is a temporary use of land, although it often takes place over a long period of time.

Working may have adverse and positive environmental effects, but some adverse effects can be effectively mitigated;

Since extraction of minerals is a continuous process of development, there is a requirement for routine monitoring, and if necessary, enforcement to secure compliance with conditions that are necessary to mitigate impacts of minerals working operations; and,

Following work, land should be restored to make it suitable for beneficial after-use.

5.5 With regards to restoration, the NPPG states that the responsibility for the restoration and aftercare of mineral sites, including financial responsibility lies with the minerals operator and, in the case of default, with the landowner.

5.6 The restoration and aftercare of mineral sites involves a number of key stages including:

http://planningguidance.planningportal.gov.uk/blog/guidance/air-quality/

http://planningguidance.planningportal.gov.uk/blog/guidance/climate-change/

http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/

http://planningguidance.planningportal.gov.uk/blog/guidance/health-and-wellbeing/

http://planningguidance.planningportal.gov.uk/blog/guidance/land-stability/

http://planningguidance.planningportal.gov.uk/blog/guidance/minerals/

http://planningguidance.planningportal.gov.uk/blog/guidance/noise/

http://planningguidance.planningportal.gov.uk/blog/guidance/planning-obligations/

http://planningguidance.planningportal.gov.uk/blog/guidance/travel-plans-transport-assessments-and-statements-in-decision-taking/


Stripping of soils and soil-making materials and either their storage or their direct replacement (i.e. ‘restoration’) on another part of the site;

Storage and replacement of overburden; Achieving the landscape and landform objectives for the site,

including filling operations if required, following mineral extraction; Restoration, including soil placement, relief of compaction and

provision of surface features; and. Aftercare.

Local Planning Policy

Thurrock Local Development Framework

5.7 The Council adopted the “Core Strategy and Policies for the Management of Development Plan Document” in December 2011. The Adopted Interim Proposals Map shows the site as falling within the Green Belt. The following Core Strategy policies apply to the proposals:

SPATIAL POLICIES - CSSP2: Sustainable Employment Growth - CSSP3: Sustainable Infrastructure - CSSP4: Sustainable Green Belt - CSSP5: Sustainable Greengrid - OSDP1: Promotion of Sustainable Growth and Regeneration in Thurrock1

THEMATIC POLICIES - CSTP6: Strategic Employment Provision- CSTP14: Transport in the Thurrock Urban Area: Purfleet to Tilbury3

- CSTP15: Transport in Greater Thurrock - CSTP16: National and Regional Transport Networks3 - CSTP17: Strategic Freight Movement and Access to Ports - CSTP18: Green Infrastructure - CSTP19: Biodiversity - CSTP20: Open Space - CSTP21: Productive Land - CSTP22: Thurrock Design - CSTP23: Thurrock Character and Distinctiveness2 - CSTP24: Heritage Assets and the Historic Environment - CSTP27: Management and Reduction of Flood Risk2 - CSTP31: Provision Of Minerals2 - CSTP32: Safeguarding Mineral Resources2 - CSTP33: Strategic Infrastructure Provision


POLICIES FOR MANAGEMENT OF DEVELOPMENT- PMD1: Minimising Pollution and Impacts on Amenity2 - PMD2: Design and Layout2 - PMD5: Open Spaces, Outdoor Sports and Recreational Facilities3

- PMD6: Development in the Green Belt2 - PMD7: Biodiversity, Geological Conservation and Development2 - PMD8: Parking Standards3 - PMD9: Road Network Hierarchy - PMD10: Transport Assessments and Travel Plans2 - PMD11: Freight Movement - PMD15: Flood Risk Assessment 2- PMD16: Developer Contributions2

[Footnote: 1New Policy inserted by the Focused Review of the LDF Core Strategy. 2

Wording of LDF-CS Policy and forward amended either in part or in full by the Focused Review of the LDF Core Strategy. 3 Wording of forward to LDF-CS Policy amended either in part or in full by the Focused Review of the LDF Core Strategy].

Focused Review of the LDF Core Strategy (2014)

5.8 This Review was commenced in late 2012 with the purpose to ensure that the Core Strategy and the process by which it was arrived at are not fundamentally at odds with the NPPF. There are instances where policies and supporting text are recommended for revision to ensure consistency with the NPPF. The Review was submitted to the Planning Inspectorate for independent examination in August 2013. An Examination in Public took place in April 2014. The focused review proposed changes to CSTP31 make clear that while recycling of construction and demolition waste is encouraged, it must comply with waste policy. Proposed changes to CSTP32 include the safeguarding of facilities for coated minerals and concrete products

Draft Site Specific Allocations and Policies DPD (2012)

5.9 This Consultation Draft “Issues and Options” DPD was subject to consultation commencing during 2012. The Draft Site Specific Allocations DPD ‘Further Issues and Options’ was the subject of a further round of consultation during 2013. The Planning Inspectorate is advising local authorities not to continue to progress their Site Allocation Plans towards examination whether their previously adopted Core Strategy is no longer in compliance with the NPPF. This is the situation for the Borough.

https://www.thurrock.gov.uk/core-strategy-and-policies/focused-review-consistency-with-national-planning-policy-framework


Thurrock Core Strategy Position Statement and Approval for the Preparation of a New Local Plan for Thurrock

5.10 The above report was considered at the February meeting 2014 of the Cabinet. The report highlighted issues arising from growth targets, contextual changes, impacts of recent economic change on the delivery of new housing to meet the Borough’s Housing Needs and ensuring consistency with Government Policy. The report questioned the ability of the Core Strategy Focused Review and the Core Strategy ‘Broad Locations & Strategic Sites’ to ensure that the Core Strategy is up-to-date and consistent with Government Policy and recommended the ‘parking’ of these processes in favour of a more wholesale review. Members resolved that the Council undertake a full review of Core Strategy and prepare a new Local Plan.

Minerals and Waste DPD – Issue and Options (December 2009) (MWDPD)

5.11 The MWDPD was published for public consultation in December 2009. The document set out options to meet the regional need for primary mineral extraction, secondary / recycled aggregates processing and the management of waste streams originating within the borough.

5.12 The MWDPD states that in order to make the necessary provision for land won sand and gravel, Thurrock is required to maintain a landbank (stock of permitted reserves) of at least 7 years, based upon the annual apportionment (0.14 million tonnes per annum (mtpa)). It states that if the landbank falls below 7 years then additional resources need to be identified.

5.13 The largest sand and gravel deposits are identified in Orsett, Linford, Tilbury and East Tilbury areas and around South Ockendon. Most of the workable reserves had been extracted by the early 1990’s and only three extraction sites at Orsett, Linford and East Tilbury, continuing on into the twenty-first century.

5.14 With regards to ‘land won aggregate’ the draft plan sought to address the following:

Ensure reserves of Land won sand and gravel are always available with permission sufficient for at least 7 years extraction or such other period agreed as national policy based on agreed sub-regional apportionment; Ensure sites with potential provision to meet the agreed apportionment for at least the plan period (to 2021) are identified within the MWDPD; and,


Ensure proposals for mineral working will only be permitted where proper provision has been made within a reasonable time for restoration and beneficial after use of the site.

5.15 The DPD set out the need to meet two primary objectives:

Meet the sub-regional apportionment of providing 0.14 million tonnes of land won sand and gravel per annum (as part of the overall combined figure of 4.55 mtpa for Essex, Thurrock and Southend); Maintain at least a 7-year landbank through the provision of site allocations capable of meeting this based upon this annual apportionment.

5.16 This site had planning consent at that stage and as such would have formed part of the Council’s landbank. The document identifies that Thurrock (at the time of publication) had permitted reserves sand at 1.54 mtpa, equivalent to an 11 year landbank.

5.17 The MWDPD was published alongside the ‘Assessment of Thurrock Minerals and Waste Sites Issues and Options December 2009’.

Essex Minerals Local Plan adopted first review, November 1996

5.18 The development plan for minerals includes saved Essex Minerals Local Plan adopted first review, November 1996 Policies MLP1-13 (inclusive). Whilst it will be part of the development plan for Thurrock until fully replaced, this is not an up to date plan. Policies MLP1 and MLP2 were superseeded by the LDF-CS (p327 of LDF-CS). Given the age of the plan, consideration has also got to be given to compliance with the NPPF. Saved Policy MLP8 relates to Development Control and states;

‘MLP8 - Planning permission will not normally be given for the working of minerals unless the land concerned is capable of being restored within a reasonable time to a condition such as to make possible an appropriate and beneficial after-use.

Where permission for mineral working is given on Grade 1, 2 or 3a of the Ministry of Agriculture’s Land Classification, the land will be required to be restored within a reasonable time and as nearly as possible to its former agricultural quality. Where filling material is necessary, permission will not be given until it is shown that suitable material will be available and that the compatibility of the landfill has and leachate monitoring and control structures and processes with the afteruse is demonstrated. Where ever possible land permitted for mineral working will be restored to agriculture use, but due regard will also be had to the need for areas for nature conservation, water

http://www.essex.gov.uk/Environment%20Planning/Planning/Minerals-Waste-Planning-Team/Planning-Policy/Pages/Minerals-Local-Plan.aspx




based recreation, afforestation and leisure activities, where permission is given, conditions will be imposed to secure;

(i) Progressive working and restoration

(ii) Aftercare and maintenance of the restored land for not less than 5-years, and;

(iii) A beneficial afteruse of the restored land including the use of areas that remain waterfilled

5.19 Policy MLP9 relates to working and reclamation and states;

‘In considering planning applications for mineral working or related development, the Mineral Planning Authority will permit only those proposals where the provisions for working and reclamation contained in the application are satisfactory and the implementation of the proposals is feasible’

Local aggregate assessment

5.20 The NPPF says Local Planning Authorities must plan for a steady and adequate supply of aggregates. A local aggregate assessment for greater Essex was undertaken jointly by Thurrock Council, Essex County Council and Southend on Sea Borough Council in 2013.

6. ASSESSMENT

6.1 There are essentially eight key issues relating to the consideration and determination of this application:

I. Local Plan designation and principle of development II. Conformity with mineral policies

III. Assessment of proposed method of restoration, after use and aftercare

IV. Impact upon amenity and air quality V. Access and highway impacts

VI. Effect upon ecology and nature conservation VII. Flooding, surface water management and protection of water

resources VIII. Archaeology and cultural heritage

I. LOCAL PLAN DESIGNATION AND PRINCIPLE OF DEVELOPMENT


6.2 The site is located within the Green Belt. Paragraph 90 of the NPPF states that ‘Certain other forms of development are also not inappropriate in Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt’. The list includes ‘mineral extraction’. It is not considered that the development conflicts with the following five purposes of including land in the Green Belt detailed at para 80 of the NPPF;

The development does not give rise to unrestricted sprawl of large built-up areas;

The development does not give rise to neighbouring towns merging into one another;

The development relates to an existing mineral site which has not been restored. It is not considered that the development gives rise to further encroachment of the countryside;

The site does not impact upon the setting and special character of historic towns; and

The development does not impact upon urban regeneration, by discouraging the recycling of derelict and other urban land.

6.2 With regards to the impact upon openness, the development relates to an operational quarry. Whilst the previous permissions for the site have lapsed, the operations undertaken to date have not exhausted the mineral resource. The workings are to a significant extent contained within the void created by the mineral extraction. Whilst stockpiles, the ancillary office, parking areas and activity associated with the removal of the minerals have an impact on Green Belt openness, this is limited and would be for a temporary period. Restoration would not impact on openness and would assist in improving the character of the area.

II. CONFORMITY WITH MINERAL POLICIES

6.3 Thurrock as a Minerals Planning Authority (MPA) and is required to plan for an adequate and steady supply of mineral resource to meet the material needs of its own, and contribute to the region’s needs.

6.4 The NPPF (para. 145) requires MPA’s, either individually or jointly by agreement, to produce a Local Aggregate Assessment (LAA). The role of the LAA is to aid in the determination of mineral provision a MPA should set within a minerals planning area. The LAA is required to incorporate an assessment of all potential mineral supply options, including minerals won


and those derived from secondary or recycled sources. As such MPA’s set their ‘annual apportionment’.

6.5 The LAA published by Essex County Council (ECC) in June 2013 covers Thurrock. The LAA supports the continuation of planning mineral provision in line with the apportionments found in the former East of England Plan which were based on the national forecasts. The LAA refers at para 7.6 to Thurrock having a plan with provision bases on the RSS apportionment, and confirms that no change to the Thurrock LDF Core Strategy is needed to bring it into conformity with the NPPF.

6.6 LDF-CS Policy CSTP31 (Provision Of Minerals) states that ‘The Council will endeavour to maintain a land bank of at least 7-years and aim to meet the sub-regional apportionment of 0.14mt per annum of sand and gravel throughout the Plan period or meet any subsequent change in the period as agreed by national policy or as a result of a review of the regional apportionment’. The forward to the Policy states that Thurrock had permitted reserved as of January 2008 of 1.54 million tonnes (mt) which divided by the annual apportionment (0.14 million tonnes per annum) equated to a land bank of 10.9 years. As of January 2008 the application site formed one of three permitted sites which formed this mineral land bank.

6.7 The above figure quoted in the LDF-CS is seven years old. Whilst two subsequent permissions (East Tilbury Quarry and Mill House Farm) added 0.54mt, the required annual apportionment of 0.14mt per annum from the Jan 2008 would subtract 0.98mt from this total. Therefore, based on the January 2008 base figures, the current land bank would stand at c.1.1mt, this equates to c.7.8 years supply.

6.8 As the minerals within the site have previously been counted towards the mineral reserve, not granting permission would have the effect of reducing the overall reserve. If this was calculated by subtracting the amount contained on the site (i.e. 0.74mt), based on the figures stated in the LDF-CS, it would give rise to a land bank of 0.36mt equating to 2.57 years. The amount of mineral contained within this site (i.e. 0.74mt) is greater than previously forecast and therefore overall reserve minus this site is likely to exceed 2.57 years but be below the 7 years sought within the NPPF.

6.9 The NPPF states that local planning authorities should make ‘provision for the maintenance of landbanks of at least 7 years for sand and gravel…whilst ensuring that the capacity of operations to supply a wide range of materials is not compromised. Longer periods may be appropriate to take account of the need to supply a range of types of aggregates.’ LDF-


CS Policy CSTP31 (Provision of Minerals) also seeks to maintain a land bank of at least 7-years.

6.10 In light of the above, the proposal would assist the Council to maintain a land bank of at least 7 years during the plan period in line with the NPPF and LDF-CS Policy CSTP31.

III. ASSESSMENT OF PROPOSED RESTORATION, AFTER USE AND AFTERCARE

6.11 Paragraph 144 of the NPPF states ‘When determining planning applications, local planning authorities should…..provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional circumstances’.

6.12 The NPPG states that; ‘In preparing Local Plans, local planning authorities should:……put in place policies to ensure worked land is reclaimed at the earliest opportunity, taking account of aviation safety, and that high quality restoration and aftercare of mineral sites takes place, including for agriculture (safeguarding the long term potential of best and most versatile agricultural land and conserving soil resources), geodiversity, biodiversity, native woodland, the historic environment and recreation’ (para 1.43).

6.13 LDF-CS CSTP29 (Waste Strategy) states that; ‘proposals for new landfilling will be resisted unless part of a necessary scheme to achieve approved restoration levels at a mineral working site’. The LDF-CS envisaged that certain saved Policies within the Essex Minerals Local Plan (EMLP) adopted first review (November 1996) be replaced within the Minerals and Waste DPD (MWDPD). Given the stage the MWDPD reached, those Policies in the EMLP have not been replaced to date. Policy MLP8 of the EMLP remains relevant and contains a number of requirements which are considered to be consistent with the NPPF, most notably;

Planning permission will not normally be given for the working of minerals unless the land concerned is capable of being restored within a reasonable time to a condition such as to make possible an appropriate and beneficial after-use.

Where filling material is necessary, permission will not be given until it is shown that suitable material will be available and that the compatibility of the landfill has and leachate monitoring and control structures and processes with the afteruse is demonstrated.



where permission is given, conditions will be imposed to secure;

(i) Progressive working and restoration

(ii) Aftercare and maintenance of the restored land for not less than 5-years, and;

(iii) A beneficial afteruse of the restored land including the use of areas that remain waterfilled

6.14 Policy MLP9 of the EMLP relates to working and reclamation and states;

‘In considering planning applications for mineral working or related development, the Mineral Planning Authority will permit only those proposals where the provisions for working and reclamation contained in the application are satisfactory and the implementation of the proposals is feasible’

6.15 Proposed restoration

It is proposed that the site is restored to a mixed grassland, scrub and woodland mosaic habitat for public amenity and nature conservation uses incorporating the following features;

Retention of existing sand faces as an invertebrate habitat; Creation of a seasonal pond; Existing ‘bunds’ retained from the extraction phases; Improvement to perimeter hedgerow; Proposed native woodland planting for dry acidic conditions; Proposed native woodland planting for damp / wet conditions; Proposed acidic grassland; Provision of drainage ditches and tow drains.

The Council’s Landscape and Ecology advisor supports the principle of restoring the site as acid grassland with trees, scrub and wetland features. It is considered that the restoration of the site would enhance and be in keeping with the landscape character of the area and as such accords with part 11 of the NPPF, LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness) and criteria 1(i) of PMD2 (Design and Layout).

Phased nature of restoration

6.16 The NPPG advises Local Mineral Plans to include policies to ensure worked land is reclaimed at the earliest opportunity and that high quality


restoration and aftercare of mineral sites takes place (Paragraph: 037 Reference ID: 27-037-20140306). As detailed in the NPPG progressive or ‘rolling’ restoration and aftercare minimises the area of land occupied at any one time by the mineral working. This is desirable unless doing so would be likely to adversely affect the standard of reclamation achieved, or would be impractical having regard to the type of operation and nature of the site. EMLP Policy MLP8 has an expectation that proposals will involve progressive working and restoration.

6.17 As initially advanced, the application sought to bring about restoration post the 10 year period of extraction. This has been subsequently amended to a progressive scheme of restoration as described in part 1 of this report. The amended proposal envisages the restoration of the site in eight phases over an 11 year period utilising 465,000m3 of material accrued at a rate of circa 35,500 m3 per year.

6.18 Four phases of restoration are proposed to be conducted within the 10 year period during which mineral extraction would also be undertaken within various parts of the site.

6.19 Since the application was originally submitted a detailed phasing strategy for the removal of the minerals and the restoration phases has been submitted. This sets out how the applicant intends to restore the site over time.

6.20 A critical factor to achieving the restoration of the site in accordance with the timescales is the availability of suitable material. The applicant’s Landscape and Restoration Statement states; ‘The priority would be to maximise accumulation of sand based material, clean soils and overburden as these are better substrate for the acid grassland habitat proposed for the majority of the restoration. These materials would need to be blended to a degree to ensure a suitably stable substrate, particularly on the side slopes. This process will be conducted on site as part of the proposed recycling operations conducted by RIO’.

6.21 The recycling application (ref: 14/01315/FUL) reported on this agenda states that on average 68,120 tonnes of aggregates are received and treated at the site per annum. The applicant has a Permit from the Environment Agency to treat waste up to 75,000 tonnes per year at present. The applicant has indicated that they would look to increase the Permit to increase the amount of material to be brought onto site to enable restoration of the site.

6.22 The details submitted by the applicant indicate that they believe they could


achieve the required level of material required to complete and restore each phase of the site. This would be achieved by importing materials to add to the fill. The materials could be accommodated within the number of vehicle movements set out in this planning application. Conditions attached to any permission would control the level and timings of restoration phases.

6.23 The principal issues relates to the suitability of the material, including;- Risk of contamination of land and groundwater- Suitability for bringing about restoration and aftercare- Impact upon amenity, particularly if ‘Green’ Waste is needed

6.24 The Landscape and Restoration Strategy states ‘The material required for the restoration would be generated from recycled material from construction sites within approximately 20 mile radius of the site. This will be blended with the over burden store in the peripheral mounds around the site to generate a suitable substrate for the final restoration surface layer’.

6.25 The applicant advises in their Addendum statement that the final restoration layer will be likely to be made up from 2/3 hardcode materials and 1/3 sand and soil based materials used on the upper layers and final surfaces.

6.26 Neither the Environment Agency nor Council’s Environmental Health Department have raised any issues in relation to the material that is proposed to be used in the restoration.

6.27 The Council’s Flood Risk Manager and the Environment Agency do not raise an objection with regards to the proposed management of surface water.

6.28 It is proposed that a 5 year aftercare programme be implemented on each phase as it is seeded and planted. The first phases may be out of aftercare before the final restoration is complete but a lower level of aftercare would still be implemented on all phases (i.e. weed control grass cutting) until all restoration work is out of its 5 year aftercare period. It is considered that post restoration, a five year period would enable the objectives of sufficiently establishing the mixed grassland, scrub and woodland mosaic habitat.

6.29 The additional information submitted within the Addendum document indicates that the site could be progressively restored with appropriate material in a form that would not be harmful to the stability of the site and wider area.


6.30 The applicant is expected however to demonstrate with their application what the likely financial and material budgets for restoration, aftercare and after use will be, and how they propose to make provision for such work during the operational life of the site. This is important to avoid future dereliction and the possibility that the costs of reclamation of minerals sites might have to be borne by other public or private sources.

6.31 At the time of publication of this report, it is not considered that the applicant has satisfactorily demonstrated the likely financial budgets for restoration, aftercare and after-use or how they propose to make provision for such work during the operational life of the site. Similarly, it is not clear who would retain responsibility for the management of the site beyond restoration.

6.32 In light of the above, it is considered necessary to secure an insurance bond to provide certainty that the site will be restored within the timescales set out in this application and to ensure that, after mineral extraction has ceased and restoration complete, the site is leased to a suitable environmental body capable of managing the site for public access and nature conservation uses.

6.33 In conclusion under this heading, subject to suitable conditions and s.106 there is no objection to the proposed restoration programme.

IV. IMPACT UPON AMENITY AND AIR QUALITY 6.34 The application is accompanied by an Air Quality Assessment and a Noise

Assessment. On Stanford Road, and to the west of the quarry, there are three residential properties in close proximity to the site. The application seeks to extract the remaining minerals, the majority of which are contained in the northern half of the site. This includes an area of approximately 1ha in the north-eastern part of the site which has not been the subject of past extraction.

6.35 During mineral excavations, plant comprises an excavator or wheeled loading shovel at the working face, and two articulated dump trucks to transport material to the stockpile area towards the centre of the site. A loading shovel would gradually screen and blend the stockpiled material. The screen is located within an existing void space towards the centre of the site.

6.36 The applicant is proposing to continue with the operating hours from the previous planning consent; 07:00 – 18:00 Mondays to Fridays and 07:00 – 12:30 on Saturdays.


6.37 The Noise Assessment concludes that based on the guidance and the typical background levels sampled at the key receptors around the application site, noise arising from routine daytime excavations in the vicinity of the properties would be within environmentally acceptable standards detailed in the NPPF technical guidance.

6.38 The Noise Assessment concludes that the continued extraction of Thanet Sand from the application site should not cause noise in excess of acceptable levels and sets out a number of recommendations (page 16).

6.39 The Council’s Environmental Health Team raise no issue with the technical assessment and highlight that temporary works for which there is a higher noise limit should be limited and controlled by condition. In light of the above, subject to conditions it is considered that adequate mitigation measures could be imposed to ensure that noise standards can be met and any unavoidable noise due to works in close proximity to the boundary are of a limited duration and impact.

6.40 The Air Quality Assessment takes into account cumulative impacts from this minerals application. The report concludes that the impact of nitrogen dioxide on local receptors from site operations, taking site mitigations measures into account, is insignificant. Environmental Health agrees with this conclusion.

6.41 With regard to dust emissions, the report concludes that the residual effect will not be significant, but also recognises that even with a rigorous dust management plan in place it is not possible to guarantee that dust mitigation will be effective all of the time, under adverse weather conditions for example. Environmental Health agrees with the conclusion reached.

6.42 The recycling activity on the site has an Environmental Management System (EMS) in operation that is required to comply with their EA permit that includes the dust mitigation measures to be employed as referenced in the report. While this EMS does not relate to the minerals operation, the dust control section effectively applies to the whole site, since vehicles accessing the recycling operation pass through the minerals site and a major source of site dust is typically generated by the haul roads. Environmental Health recommends that a dust management plan for the minerals operation is submitted for approval.

6.43 Odour complaints have arisen as a result of the storage and treatment of green wastes which have ceased. Mineral extraction activities on the site are unlikely to give rise to odours.


6.44 In conclusion, having regard to the above and subject to conditions, it is considered that the proposal would not cause unacceptable effects on the amenities of the area and the amenity of neighbouring occupants and as such accords with LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity). Furthermore, the proposal would mitigate adverse air quality impacts and complies with LDF-CS Policy PMD9 (Road Network Hierarchy).

V. ACCESS AND HIGHWAY IMPACTS

6.45 Access and egress to the site is via a priority junction on the A1013 Stanford Road towards the north-western corner of the quarry. Stanford Road links with the A128 Brentwood Road and A13 Stanford-le-Hope Bypass via the Orsett Cock roundabout to the east of the site and links with Grays to the west.

6.46 Based on the information presented within this application, vehicle movements at the site in relation to both mineral extraction and recycling operations combined equate to approximately 216 HGV movements a day (108 in / 108 out) for the last six years. The Transport Assessment (TA) has based its assessment on this number of HGV movements plus 40 staff movements each day (20 in / 20 out).

6.47 LDF-CS Policy CSTP15 seeks to ensure new development promotes high levels of accessibility by sustainable transport modes. The site is located within a reasonable walking distance of bus services as well as being well connected to pedestrian and cycle routes.

6.48 Criteria (II) of PMD11 (Freight Movement) states; ‘HGVs will be required, through the use of planning obligations, to use Corridors of Movement in preference to roads further down the Council’s Road Network Hierarchy’. In this instance, the sites accesses onto a corridor of movement which provides a short and direct route to the A13. In light of this, it is considered that a condition could be deemed unnecessary as HGVs associated with the site can readily access the A13.

6.49 The proposal complies with criteria (III) and (iv) of PMD11 and criteria (i) and (ii) of PMD9 as the site has access to a Corridor of Movement and the TA is not identifying the need for improvements to this part of the highway network arising from the impact of the development.

6.50 Policy PMD9 requires development to not prejudice road safety. Past operations of the site have led to vehicles queuing on the public highway


(Stanford Road), particularly at the start of the day. Detailed below is an assessment of the measures proposed to preclude this:

6.51 During Phase 1 the existing staff car park is proposed to be relocated to the rear of the office building. The existing parking area to the east of the site office is proposed to accommodate an area for the ‘stacking’ of up to 10 HGV’s as they wait within the site to enter the weigh bridge and have their loads inspected. The stacking arrangement is proposed to operate all day with a banks person directing traffic within the site. The Addendum to the TA states ‘During busy periods the banks person will direct traffic to stack in the circular formation while single vehicles arriving can be directed straight on to the weighbridge. In addition to this, empty vehicles arriving at the site can be directed straight through the gates into the site without queuing for the weighbridge. This will ensure that vehicles entering the site at any time of day will be managed to minimise the impact on Stanford Road’ (Para 2.6).

6.52 The TA advises that a warning system is in place to discourage drivers from waiting on Stanford Road prior to the site opening. This provides drivers and operators with a series of warnings not to wait within the highway and provides for excluding drivers who do not heed the warnings.

6.53 The Council’s Highway Officer raises no objection to the proposal subject to the implementation of these measures which would come into force and be operational for the period 2015-2020.

6.54 Phase 2 is proposed to be triggered by the extraction of the mineral resource in the north-western corner of the site. This is anticipated to be 2020. In Phase 2 the weighbridge and wheel wash is proposed to be relocated within the north eastern part of the site and a new asphalt haul road constructed linking these with the site access junction. This will enable up to 12 vehicles to stack within the site. The Council’s Highway Officer raises no objection to these measures subject to conditions.

6.55 The site currently employs a wheel washer and road brush. It is evident that past operations on the site have given rise to mud on Stanford Road. In order to improve the cleaning of vehicles within the site prior to departing, it is proposed to provide a wheel spinner on the site to clean mud and stones from the wheels of vehicles before they enter the weighbridge. The applicant advises that as a temporary measure, vehicles' wheels will be jet washed at the weighbridge to remove the dirt. The applicant has submitted a plan detailing the renewing of the concrete apron and roadway around the access, formation of a surfaced road around the internal vehicular stacking area and the implementation of measures to improve surface water


drainage from these areas. The Council’s Highway Officer raises no objection subject to conditions.

6.56 In conclusion under this heading, it is considered that TA appropriately addresses the impacts of the development upon the highway network. Measures proposed would satisfactorily address previous concerns regarding queuing traffic and mud on the road. Subject to conditions securing the measures proposed, it is considered that the proposal conforms with the relevant LDF-CS policies detailed at the start of this chapter.

VI. EFFECT UPON ECOLOGY AND NATURE CONSERVATION

6.57 The site does not have a formal statutory designation and is remote from sites with such a designation. The development is unlikely to impact upon a statutorily designated site. The nearest non-statutory designation to the site is Mucking Heath Local Wildlife Site (LWS), located approximately 20m to the east separated by a main road. The next nearest non-statutory designation is Orsett Camp Quarry LWS, which lies approximately 0.5km to the east of the site. The Ecological Assessment accompanying the application concludes that none of the non-statutory designations will be directly affected by the proposals subject to safeguards such as dust suppression.

6.58 The Council’s Landscape and Ecology Advisor raises no issues with the findings of the Ecology Assessment and raises no objections to the scheme in relation to the impact upon ecology.

6.59 In conclusion under this heading it is considered that the applicant’s assessment appropriately considers the potential effects of development on biodiversity and sets out suitable avoidance and mitigation measures. Furthermore, it is considered that the restoration of the site in the manner proposed would give rise to positive enhancement of habitat and would benefit a range of species. In light of this, subject to conditions, it is considered that the proposal complies with LDF-CS Policies LDF-CS CSTP19 (Biodiversity) and PMD7 (Biodiversity and development).

VII. FLOODING, SURFACE WATER MANAGEMENT AND PROTECTION OF WATER RESOURCES

6.60 The site is shown on the EA’s Indicative Flood map to be located entirely in Flood Zone 1 (low probability). This represents land assessed as having less than a 1 in 1,000 annual probability of flooding from rivers or the sea.


6.61 Given that the site forms an inundation in the local topography, surface water in storm events can pond within parts of the quarry. Infiltration drainage within the site deals with surface ponding such that this does not impact on site operations and the site use as a quarry has a low vulnerability to surface ponding. The EA do not consider there would be a benefit in providing dedicated storage areas for surface water flows. The EA raise no objection and recommend the Council consider a condition to ensure the continual review of flow pathways on the site to ensure there is no increase in flood risk to neighbouring land owners.

6.62 The site is located within a Groundwater Source Protection Zone (SPZ) centred around an abstraction for public water supply located approximately 4 km southeast of the site. The FRA highlights the controls imposed by the Environmental Permit for the site that requires measures to identify and minimises risks of pollution. The Environment Agency raises no objection in relation to the impact upon groundwater. The Council’s Flood Risk Manager raises no objections.

6.63 Subject to conditions in relation to the review of surface water flow pathways, storage of oils / fuels and to agree a drainage strategy for the final restoration landform, it is considered that the proposal conforms with Part 10 of the NPPF Part 10 and LDF-CS Policies CSTP25, CSTP27 and PMD15 (Flood Risk Assessment).

IX. ARCHAEOLOGY AND CULTURAL HERITAGE

6.64 The site has been extensively quarried in the past. It is not considered that the proposal has archaeological implications.

6.65 The majority of site operations are undertaken within the quarry void and as such are screened from view. It is not considered that the proposal has an adverse impact on any heritage assets and as such complies with LDF-CS Policies CSTP24 (Heritage Assets and the Historic Environment) and Policy PMD4 (Historic Environment).

7. CONCLUSIONS

7.1 The use of land within the Green Belt for mineral extraction is generally considered to be appropriate development, providing it does not conflict with the purposes of including land within the Green Belt and the development does not harm openness.

7.2 The site is shown as a site for mineral extraction and the proposal to continue extracting material from the site would contribute to the Council’s


required land bank of mineral resources. The current on-site situation does however have an adverse impact on a number of local receptors. As restoration progresses the visual impact will be reduced and ultimately, the scheme will have a beneficial impact.

7.3 The applicant has provided a detailed phasing and restoration strategy which is considered acceptable. The applicant has not satisfactorily demonstrated the likely financial budgets for restoration and after-use. Similarly, it is not clear who would retain responsibility for the management of the site beyond restoration. It is therefore considered necessary to secure an insurance bond to provide certainty that the site will be restored within the timescales set out in this application and to ensure that, after mineral extraction has ceased and restoration complete, the site is leased to a suitable environmental body capable of managing the site for public access and nature conservation uses.

7.4 Matters of details in relation to noise, disturbance and highways are considered to be acceptable, subject to conditions.

8. RECOMMENDATION

The application be APPROVED, subject to:

A. The applicant entering into an appropriate planning obligation under Section 106 of the Town and country Planning Act 1990 within 6 months of this resolution to cover the following heads of terms;

- Controls on materials to be imported – Only suitable materials including waste of a nature specified in the application and agreed in writing with the Environment Agency shall enter the site.

- Insurance Bond – Prior to the commencement of development the applicant shall put a bond in place to provide insurance that the aftercare obligations can be fulfilled in the event of a cessation of works. Any provision has to be sufficient in monetary terms and funds shall be available to LPA in the event of default and can be used towards the rehabilitating the land and to provide for aftercare.

- Aftercare Scheme – To require and regulate the management and maintenance of any completed phases of restoration. The applicant to submit an Aftercare Scheme for the written approval of the Local Planning Authority within 6


months of the date of the permission. The Aftercare Scheme shall specify the steps to be taken, the period during which they are to be taken, and who will be responsible for taking those steps to bring the land to the required standard for public amenity and nature conservation uses and thereafter retain it. The Aftercare Scheme shall provide a detailed strategy for the 5 and 10 year period and a long term strategy covering the years thereafter. It shall also provide a detailed annual programme of care. The scheme shall be implemented in accordance with the approved detailsFollowing the completion of restoration on any part of the site, that land shall be put under effective aftercare management in accordance with the agreed Aftercare Scheme. From the date of final restoration of any phase (as confirmed in writing by the Local Planning Authority) the applicant to undertake a minimum of 5-year period of aftercare. The applicant to retain responsibility for aftercare until such time as the site is leased to a Suitable Environmental Body* together with the transfer of funds comprising the ‘Long-Term Aftercare Contribution’. Following completion of the final period of aftercare, to lease the site in perpetuity to a Suitable Environmental Body for public access and nature conservation uses. In the event of it not being possible to appoint a Suitable Environmental Body, the applicant will form a management company to manage the site (terms of management company to be agreed in writing with the LPA) for public access and nature conservation uses.

(*’Suitable Environmental Body’ means a charitable organisation experienced in the management of sites with controlled public access for informal recreation and nature conservation and approved by theLPA)

B. The following conditions;

1 Time Limit

The development hereby permitted must be begun not later than the 31st December 2015. Written notification of the date of commencement shall be sent to the Local Planning Authority within 7 days of such commencement.

Reason: Permission is granted having regard to the very special circumstances. The application has been assessed on the basis that it will enable the restoration and beneficial use of the land within a specified time


limit and address the harm arising from the current site.

2 Cessation of mineral extraction

The extraction of minerals shall cease by 31st December 2026. The importation of material for recycling or infilling void spaces shall cease and the restoration and landscaping of the site shall be completed in accordance with the agreed details on or before the 31st December 2028 unless otherwise first agreed in writing by the Local Planning Authority. All parts of the site shall be subject of Aftercare for a period of 5 years from the relevant date of restoration in accordance with the agreed phasing plan pursuant to the conditions attached to this permission.

Reason: The application has been assessed and considered against the time limited continuation of activities required to restore the site. To provide for the completion and progressive restoration of the site to a condition capable of use for nature conservation and public amenity use within the approved timescale, in the interest of amenity. The site would not meet Thurrock Council’s emerging LDF Core Policies for a permanent waste site.

3 After use

The site shall be restored and used for nature conservation and public amenity afteruse only unless otherwise first agreed in writing with the Local Planning Authority.

Reason: The site is located within the Metropolitan Green Belt wherein permission is granted having regard to the very special circumstances including restoration to provide publically accessible open space and nature conservation in accordance Thurrock Core Strategy Policies CSTP18 and CSTP20.

4 Footpaths

Within 12 months of the commencement of development, details of footpath improvements around the site shall be submitted to and agreed in writing by, the Local Planning Authority. The details shall include the link between Footpath 105 and 106 that has been lost due to the operation of the quarry

The footpaths shall be implemented within ONE MONTH of the completion of the restoration works and thereafter permanently retained and maintained in the agreed form. If any part of the footpath suffers from differential settlement during the restoration and aftercare period, the applicant, where required in writing by the Local Planning Authority, shall fill the depression with suitable imported material, to a specification approved in writing by the Local Planning Authority.

Reason: The site is located within the Metropolitan Green Belt wherein permission is granted having regard to the very special circumstances


including the provision of publically accessible open space. Additional details of an integrated network is required and to secure its provision in the interests of sustainability, amenity and protecting nature conservation interests. In accordance with Thurrock Local Plan Policies T8 and LR17.

5 Vehicular access for afteruse

Prior to the commencement of the final phase of restoration, as agreed pursuant to the Phasing Plan, details of the extent of the access road to be retained together with details of works to make the access suitable for the after use and any associated vehicle parking areas shall be submitted to, and agreed in writing by, the Local Planning Authority. The access shall be amended, parking areas formed and land reinstated in accordance with the details agreed with the Local Planning Authority within 1 month of the completion of the site restoration.

Reason: To ensure that vehicular access provision is retained for the afteruse and that the associated, vehicle and pedestrian movements are made safe in accordance with Policy BE1 of the Thurrock Borough Local Plan (1997).

6 Development in accordance with plans

The development hereby permitted shall be carried out in accordance with the plans detailed in the table below and subject to the conditions attached to this permission.

Reference Name Received 14 Site Layout 2nd December 2014 DQ_R1.3 Drawing 20th May 2015 DQ_R8.2 Drawing 20th May 2015 DQ_R2.1 Drawing 20th May 2015 DQ_R10.0 Drawing 20th May 2015 DQ_R5.1 Drawing 20th May 2015 DQ_R7.2 Drawing 20th May 2015 DQ_R4.1 Drawing 20th May 2015 DQ_R3.1 Drawing 20th May 2015 DQ_R6.1 Drawing 20th May 2015 DQ_R9.0 Drawing 20th May 2015 13-T010_25 Site Layout 15th May 2015 13-T010_29 Drawing 15th May 2015 13-T010_27 Drawing 15th May 2015 13-T010_104 Drawing 24th March 2015 13-T010_100 Drawing 24th March 2015 13-T010_103 Drawing 24th March 2015


13-T010_102 Drawing 24th March 2015 13-T010_101 Drawing 24th March 2015

Reason: For the avoidance of doubt as to the nature of the development hereby permitted and to ensure development is carried out in accordance with the approved application details.

7 Ecological Mitigation Scheme

A. Within SIX MONTHS of development an ‘Ecological Mitigation Scheme’ shall be submitted to, and approved in writing by, the Local Planning Authority. The Ecological Mitigation Scheme shall be based upon the details proposed within the submitted documents accompanying the planning application and shall include details of:

i. Phasing of operations;ii. Methodologies for translocation of protected species;iii. Methods for the protection of existing species in situ,iv. Details of further survey work and the timescales for undertaking such work

B. Prior to the commencement of works on any phase an ‘Ecological Mitigation Strategy’ for that specific phase, and incorporating the details agreed within the Ecological Mitigation Scheme, shall be submitted to, and approved in writing by, the Local Planning Authority. The ‘Ecological Mitigation Strategy’ shall include, but not necessarily be limited to;i. Details of the how the methods of mitigation outlined within the Ecological Mitigation Scheme will be implemented for that phase;ii. Details of suitable receptor areas together with evidence produced by an ecologist that the receptor areas are capable of supporting the population displaced;iii. Details for the protection of existing species in situ, including invertebrates;iv. Details of surfacing materials, including the extent, material and depth of capping;v. Details of the final landform, the finished contours and surface restoration levels;vi. Details of any seeding, planting and methods to promote habitat creation andestablishment;vii. An assessment of the effect of the proposed restoration scheme upon habitat creationviii. An assessment of the works required for aftercare.The mitigation strategy shall be carried out in strict accordance with the agreed details and timescale. Any translocation undertaken shall be verified in writing to the Local Planning Authority by an independent qualified ecologist within 28-days of undertaking the translocation.


Reason: To safeguard and improve natural habitats and features within the site and to mitigate against the loss of natural habitats, with particular reference to those species protected under the Wildlife and Countryside Act 1981, in the interest of protecting and promoting biodiversity. In accordance with PPS9, Thurrock Borough Local Plan 1997 Policy LM12 and emerging LDF Policy PMD7.

8 Ecological Monitoring Programme

An ‘Ecological Monitoring Programme’ shall be submitted to, and agreed in writing by, the Local Planning Authority within 6 months of the commencement of any phase of the development. The Ecological Monitoring Programme shall include details of ecological surveys post completion of each of the restoration phases, and botanical and invertebrate recording to assess seeding success, plant colonisation and the use of the site by UK BAP species and to identify remedial action, if required, at years 1 and 2 post completion of each restoration phase.

Reason: In the interest of protecting and promoting biodiversity. In accordance with Core Strategy Policy PMD7.

9 Drainage of restored land

No restoration shall take place until a detailed scheme for surface water and under-soil drainage has been submitted to, and approved in writing, by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

Reason: To aid the rehabilitation of the site for beneficial use and to prevent off-site flooding, in accordance with Core Strategy Policy PMD15.

10 Vehicle Movements

The maximum number of Heavy Goods Vehicle (HGV) (a vehicle of more than 7.5 tonnes gross weight) movements associated with the development hereby permitted and the associated application for a waste and recycling use (14/01315/FUL) shall not exceed the following limits:

• 216 movements (comprising 108 in and 108 out) per day (Monday to Friday) • 216 movements (108 in and 108 out) per day (Saturdays);• 0 on Sundays and Bank Holidays.

No HGV vehicle movements shall take place outside the hours of operation authorised in condition 24 of this permission. Records of all HGV movements to and from the site including the quantum of load shall be kept for the duration of the permission and provided to the Local Planning Authority within 2 weeks of a written request.


Reason: In the interests of highway safety and protecting local amenity, in accordance with Core Strategy Policies PMD1, PMD9 and PMD11.

11 Barrier Mechanism

Within 3 months of the date of this permission, details of;a) a barrier mechanism within the site, associated signage and road markings;b) design of the barrier and operating procedure;c) management measures to be taken in the event of the breakdown of the approved barrier, to control the rate of Heavy Goods Vehicles (HGV’s) egress from the site shall be submitted to, and agreed in writing with, the Local Planning Authority. The barrier mechanism shall be designed and operated to ensure that (with the exception of emergency access) no more than one HGV shall egress the site in accordance with the rate of egress in place at the time as dictated by condition 11 detailed above.

The agreed barrier mechanism shall be put in place prior to the extraction of soils and minerals from the ‘Phase 1 Mineral and Restoration Material Extraction Area’ detailed on plan ref: M07124.39 Rev B and, in any event, within 6 months of the date of the permission. It shall thereafter be; retained, and maintained and operated in the agreed form operated in the agreed form during the AM peak periods in accordance with condition 15 16.

In the event of the barrier not being operational due to mechanical breakdown, damage to, or failure of, the barrier the applicant shall;− use their best endeavours to repair the barrier and restore it to operation;− adopt put the agreed management measures in the event of barrier breakdown in place until such time as the barrier is operational and controlling the egress of HGV’s in the manner permitted.

Reason: A mechanism is required to control access and to ensure that such provision is retained and maintained in order to limit the impact on the highway network. Such limitations are required to ensure the development does not have an unduly detrimental effect upon the capacity and safe operation of the highway network in Core Strategy Policies PMD1, PMD9 and PMD11.

12 Vehicular access to the site

Vehicular access to and from the site for all traffic associated with restoration and afteruse shall be from the existing site entrance onto Stanford Road and the haul road into the site as indicated on the approved plans. No other vehicular accesses or haul roads shall be used by traffic entering or exiting the site unless in connection with emergency operations. The gate across this access point from the public highway shall be securely locked outside the permitted hours of operation.

Reason: In the interests of highway safety and safeguarding local amenity


in accordance with Core Strategy Policies PMD1, PMD9 and PMD11.

13 Maintenance of access road

The surfaced section of the access road, from the junction with Stanford Road shall be kept free of mud, dust and detritus to ensure that such material is not carried onto the public highway.

Reason: In the interests of highway and pedestrian safety, in accordance with Core Strategy Policies PMD1, PMD9 and PMD11.

14 Road Brush

A road brush and gully cleaner shall be maintained on site and shall be employed to clean the effected part of the highway in the event that material, dust or detritus from vehicles coming to or from the site has been deposited on Stanford Road.

Reason: In the interests of highway safety and amenity in accordance with Core Strategy Policies PMD1, PMD9 and PMD11.

15 Wheel washing

Within 3 months of the date of this permission, details of the wheel washing facilities shall be submitted to, and approved in writing by, the Local Planning Authority. Such facilities shall be installed in strict accordance with the agreed details. The approved measures shall be implemented and maintained throughout the duration of the operations. No commercial vehicle shall leave the site unless the wheels and the underside chassis have been cleaned.

Reason: In the interests of highway and pedestrian safety, in accordance with Core Strategy Policies PMD, PMD9 and PMD11.

16 Sheeting of loads

All commercial vehicles entering the site with materials shall be sheeted. All commercial vehicles leaving the site carrying any aggregate, extracted sand and gravel, recycled aggregate, sands and soils shall be sheeted.

Reason: In the interest of highway safety and to reduce the potential for dust and detritus on the public highway and to comply with Core Strategy Policies PMD1, PMD9 and PMD11.

17 Hours of operation

The development and operations hereby permitted (including materials processing, excavation, movement of and deposition of material) and deliveries to and from the site shall only be carried out during the following times:


• Monday to Friday; 07:00 – 18:00• Saturday; 07:00 – 13:00 (6 hours)• and at no other times or on Sundays, Bank or Public Holidays. (Except for emergency operations).

Reason: In the interest of local amenity, to control the impacts of the development. In accordance Core Strategy Policy PMD1.

18 Scheme of landscaping

Within 6 months of the date of this decision notice details of landscaping and landscape protection shall be submitted to, and approved in writing by, the Local Planning Authority. Any variation in the agreed scheme shall be first agreed in writing with the Local Planning Authority.

The landscaping scheme shall follow that illustrated on restoration layouts accompanying the application and shall include;

i. A survey of all existing trees and hedgerows either within or adjacent to areas to be restored;ii. Details of those trees and hedgerows to be retained;iii. Measures for the protection of trees and hedges in the course of works;iv. Planting plans;v. Written specifications (including cultivation and other operations associated with plant and grass establishment);vi. Schedules of plants, noting species, planting sizes and proposed numbers / densities where appropriate;vii. Implementation timetables;viii. Programme of maintenance.

All landscaping comprised in the approved scheme shall be carried out in the first planting and seeding season (the period between 31 October in any one year and 31 March in the following year) following completion of the earth works for that phase of the restoration (or such other period as may be agreed in writing by the Local Planning Authority). Any trees or plants which within a period of 5 years from the completion of the landscaping of a phase of restoration die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

All trees, shrubs and hedgerows on the site detailed to be retained shall be protected in accordance with the agreed scheme. Such protection shall be in place prior to the commencement of any works on the site. No materials, vehicles, fuel or any other ancillary items shall be stored or buildings sited within the root spread of any trees or hedgerows to be retained. Notwithstanding the details illustrated within the application; no changes in ground level (either raised or lowered) may be made within the spread of any tree or shrub (including hedges) agreed to be retained without the prior written consent of the Local Planning Authority.


Reason: To ensure that the proposed development is satisfactorily integrated with its immediate surroundings, avoids damage to health of existing trees and hedgerows and provides for landscaping as required by Policies PMD1 and PMD2 of the Core Strategy.

19 Storage mounds

All storage mounds / bunds of soils, soil making materials and overburden to remain in situ for more than 6 months or over the winter shall be seeded in accordance with a specification to be approved in writing by the Local Planning Authority prior to their construction. All storage mounds shall, thereafter, be managed throughout their period of storage to maintain weed free cover of vegetation.

Reason: To ensure that the proposed development is satisfactorily integrated with its immediate surroundings. In accordance with Policies PMD1 and PMD2 of the Core Strategy.

20 Inert waste only

Only dry solid inert waste material shall enter the site. Within 3 months of this decision a waste acceptance criteria and measures to preclude waste outwith this criteria from being processed or deposited on site shall be submitted to, and agreed in writing with, the Local Planning Authority. The measures outlined shall be undertaken from the commencement of development and shall be retained for the lifetime of the permission.

Reason: To prevent the possible contamination of the groundwater and to protect the amenities of neighbouring properties. Furthermore, waste material outside the aforementioned would raise alternate environmental concerns, which would need to be considered afresh. In accordance with Policy PMD1 of the Core Strategy.

21 Noise Bunds

Within 3 months of the date of this permission details of a temporary noise bund to be formed along the western edge of the site boundary between the noise sensitive receptors and the site shall be submitted to, and agreed in writing by, the Local Planning Authority. The top of this bund should be 3m above the existing ground level or +37mAOD (whichever is the greater).

An earth mound or bund on the eastern side of the site should be made and maintained at a height not less than +36mAOD.

The details shall include plans, sections detailing the location, height, contours and identifying the material types and units contained therein together with a timescale for their construction, retention and removal. Development shall be in strict accordance with the agreed details. The bunds shall be removed in strict accordance with the agreed details and the


resultant material used as part of the agreed restoration.

Reason: To ensure minimum noise disturbance from operations on site in the interest of amenity. To accord with emerging LDF Core Strategy Policy PMD1.

22 Noise limits and monitoring noise levels

A. Except for temporary operations required to provide environmental mitigation in the form of earth bunds along the western boundary as part of Phase 1 works, such works not exceeding 8 weeks in any 12 month period, the free field Equivalent Continuous Noise Level (LAeq, 1 hr) at the following noise sensitive locations near the site shall not exceed the following;1 Welcome Villa, Stanford Road 55dB(A) LAeq 1h,free field2 Heathfield House, Brentwood Road, 55dB(A) LAeq 1h,free field

The location of the monitoring points is detailed in Appendix 11 of the Noise Assessment forming part of Section 7 of the ES. Measurements shall be made no closer than 3.5 metres from the façade of properties or other reflective surface and shall have regard to extraneous noise. If the noise emitted from the site exceeds the levels expressed above then the relevant plant or machinery shall cease to operate until such time as measures are taken to reduce the noise level to the levels expressed in this condition.

B. Notwithstanding the above, within 3 months of the date of this decision, details of a Noise Monitoring Program, which shall specify locations from which noise emanating from the site will be periodically monitored for compliance with the requirements of this condition (if different from the above), the methodology of noise measurement and establishment of baseline noise conditions (measurements shall be in accord with BS4142: 1997, an equivalent successor standard or other agreed noise measurement methodology) shall be submitted to, and agreed in writing by, the Local Planning Authority. The approved Noise Monitoring Program shall be undertaken and the results submitted to the Local Planning Authority in strict accordance with a timetable approved within the Noise Monitoring Programme. Throughout the lifetime of the agreed Noise Monitoring Program specified above, it shall be reviewed following any change in plant, equipment or working practices likely to affect the baseline noise conditions and any such change shall be notified in writing to the Local Planning Authority; or following a written request by the Local Planning Authority in relation to a noise related complaint. Such a review shall be submitted to the Local Planning Authority for its written approval within one month of the notification or request. If the noise emitted from the site exceeds the levels expressed in the Noise Monitoring Program then the relevant plant or machinery shall cease to operate until such time as measures are taken to reduce the noise level to the levels expressed in this condition.

Reason: To protect the amenities of the local residents from the effects of noise pollution. In accordance with Core Strategy Policy PMD1.


23 White noise alarms

All vehicles and any mobile plant used exclusively on site shall be fitted with white noise alarms.

Reason: To protect the amenities of local residents, to limit the impact of noise arising from the site. In accordance with emerging Core Strategy Policy PMD1.

24 Silencing of plant and machinery

All vehicles, plant and machinery operated within the site shall be fitted with and make use of effective silencers and shall be maintained in accordance with the manufacturer’s specification at all times.

Reason: To protect the amenities of local residents, to limit the impact of noise arising from the site and comply with emerging LDF Core Strategy Policy PMD1.

25 Processing area and no operations outside area

Prior to the commencement of development details of the extent of the processing area shall be submitted to, and agreed in writing with, the Local Planning Authority. There shall be no processing of material or use of mobile crushing and screening plant outwith the confines of the agreed area.

Reason: To minimise the impact of noise and dust on the amenities of nearby occupiers and comply with emerging LDF Core Strategy Policy PMD1.

26 Equipment removed when not required

a) Any building, plant, machinery, foundation, roadway, structure or erection used in connection with the development hereby permitted shall be removed from site when they are respectively no longer required for their purpose.b) Notwithstanding part (A) above, no later than 3 months from the cessation of restoration or other such time as first agreed in writing with the Local Planning Authority, all plant, buildings, machinery, foundation, roadway, hardstanding, structure or access road used in connection with the development hereby permitted shall be permanently removed from site unless required in connection with the use of the site as public open space and informal recreation and wildlife habitat and its retention for such purposes is first agreed in writing by the Local Planning Authority.

Reason: To enable the Local Planning Authority to control adequately the development. The site is located within the Metropolitan Green Belt wherein there is a presumption against inappropriate development. Permission is granted having regard to the temporary need for ancillary buildings,


machinery and development in relation to the restoration of the land and in the interest of the amenity of the local area. In accordance with policies for the control of development in the Green Belt Policies PMD1 and PMD6.

27 Dust Management Plan

Within 3 months of the date of this permission a Dust Management Plan shall be submitted to the Local Planning Authority for approval. Thereafter, once approved the site shall operate strictly in accordance with the details approved. This Dust Management Plan shall include details include the measures described in the Air Quality Assessment: Mineral Extraction, Dansand Quarry report, January 2015 at Section 6.

Reason: To minimise the impact of noise and dust on the amenities of nearby occupiers and comply with emerging LDF Core Strategy Policy PMD1.

28 Storage of oils and fuels

Any facilities for the storage of oils, fuels and chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank or the combined capacity of interconnected tanks plus 10%. All filling points, vents gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any water course, land or underground strata. Associated pipe work shall be located above ground and protected from accidental damage. All filling points and tank overflow outlets shall be discharged downwards into the bund.

Reason: In order to avoid the pollution of ground water, in accordance with the NPPF.

29 Surface water drainage

No development shall take place until a detailed scheme to accommodate all surface water drainage has been submitted to, and approved in writing with, the Local Planning Authority. The Scheme shall include a Maintenance Schedule for detention basins in accordance with the Flood Risk Assessment accompanying the application (ES, Part 4).

Unless otherwise agreed in writing with the Local Planning Authority the surface water drainage systems shall be constructed as their respective catchments are created. Any temporary flow controls or diversions required to manage surface water during restoration shall be first agreed in writing with the Local Planning Authority. The scheme shall be implemented in accordance with the approved scheme. The surface water drainage system shall be managed and maintained so that they operate as designed and are not obstructed or reduced in size, in accordance with the Environmental


Statement accompanying the application.

Reason: In order to avoid the adverse impact of flooding and to prevent pollution of groundwater, in accordance with PPS25 and emerging LDF Core Strategy Policy CSTP27.

30 Notification of LPA

The Local Planning Authority shall be notified in writing within 7 days of the dates of the following:

a) Implementation of planning permission;b) Commencement of a new phase of restoration;c) Commencement of the landfiling of waste;d) Completion of each phase of restoration;e) Commencement of aftercare for each phase;f) Complete and final restoration under this planning permission.

Reason: To enable the Local Planning Authority to control and monitor the site to ensure compliance with the planning permission.

31 Liaison Scheme

Within 3 months of the date of this decision a Liaison Scheme shall be submitted to the Local Planning Authority. The Liaison Scheme shall comprise a scheme for liaison by the operator with the Local Planning Authority (and any successor local planning authority or operator) relating to the monitoring of progress and implementation of works and Aftercare. It shall include the requirement for the applicant to submit an Annual Report providing details of the operations carried out on the land in the previous year and a programme for the forthcoming year. The measures set out in the agreed Liaison Scheme shall be implemented and maintained during the lifetime of the works, unless a variation to the Liaison Scheme is first agreed in writing with the Local Planning Authority.

Reason: To allow the monitoring of progress of the scheme to ensure compliance with the planning permission.

32 Recording measures

Within 2 months of the date of this decision a Scheme of Recording Measures shall be submitted to the Local Planning Authority for approval. Thereafter the development shall be carried on strictly in accordance with the details approved. The Scheme of Recording Measures shall include proposed measures and procedures to:

1 Accurately record the date, origin, tonnage and type of all material entering and leaving the Site. Allow for the verification of such date through weigh ticket data;

2 Provide the Local Planning Authority with information as to materials


entering and leaving the site on a quarterly basis (and verification if requested) or for alternative periods at the Local Planning Authority’s request;

3 Provide the Local Planning Authority with details of the percentage of materials imported that are recovered and exported and the percentage to be disposed of to on-site landfill.

From the date the commencement the operator(s) shall maintain records of their monthly output and input and shall make them available to the Local Planning Authority in accordance with the agreed scheme of recording measures or upon request. All records shall be kept for the duration of the importation and extraction and shall be available to the Local Planning Authority upon request.

Reason: To allow the Local Planning Authority to monitor adequately activity at the site and to ensure compliance with the permission.

33 Material Stocktaking

Following the 1st anniversary of the date of this permission and on the every anniversary thereafter the Local Planning Authority shall be supplied with a plan showing the location of each soil storage mound, details of the quantity and nature of the material therein and how they are to be used in bringing about the restoration of the site.

Reason: To facilitate soil stocktaking and monitoring of soil resources to ensure compliance with the conditions attached to this permission and the timely restoration of the site.

34 Restoration to pre-settlement contours

The final landform, the finished contours and surface restoration levels shall strictly accord with the landform shown on submitted plans. Upon the completion of restoration operations, no part of the restored land shall exceed the pre-settlement contours shown on aforementioned plan.

For each phase as agreed pursuant to this permission, a competent land surveyor shall check the levels on-site once;

i. Formation levels have been created and prior to the placement of the low permeability cap;ii. Following the formation of the low permeability cap;iii. Following the completion of the restoration layer.

The operator shall give the Local Planning Authority 5 clear working days notice to enable an inspection to be made prior to the formation of the low permeability cap and following its completion. The operator shall submit to the Local Planning Authority within 21 days of the completion of the restoration layer on any phase a topographical survey demonstrating that the site has been restored in strict accord with the approved plans.


Reason: To minimise the impact upon the landscape and ensure proper restoration of the site in accordance with the approved plans, in accordance with Core Strategy Policies PMD1, CSTP29, CSTP23 and PMD1.

35 Differential settlement

In any part of the site where differential settlement occurs during the restoration and aftercare period, the applicant, where required in writing by the Local Planning Authority, shall fill the depression with suitable imported soils, to a specification approved in writing by the Local Planning Authority.

Reason: To aid the rehabilitation of the site to a beneficial after use.

36 Restoration in the event that works cease prematurely

In the event that operations are terminated, or suspended for a period in excess of 12 months prior to the completion of the approved scheme which, in the opinion of the Local Planning Authority constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, and following the receipt of written notification by the Local Planning Authority, a revised scheme of restoration and aftercare shall be submitted to, and approved in writing by, the Local Planning Authority within 4 months of the date of notification or an alternative period first agreed by the Local Planning Authority. The revised scheme of restoration shall cover all disturbed areas or other operational land. The approved revised scheme shall be fully implemented within the agreed timescale.

Reason: To ensure that the site is restored to a condition capable of beneficial use. To ensure that risks from the site to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems. In accordance with Policies PMD1 and PMD2 of the Core Strategy.

37 Retention of materials

All overburden, top-soils and sub-soils resulting from mineral extraction shall be retained on-site for the purposes of restoration of the site.

Reason: To ensure the retention of material on site to achieve satisfactory restoration.

38 Soil movement programme

Within 3 months of the date of this permission a Soil Movement Programme shall be submitted to, and agreed in writing with, the Local Planning Authority. The Programme shall include details of; a) the origin, intermediate and final locations of soils, sub-soils and waste for use in restoration together with details of quantities, depths and areas


involved. Topsoil, subsoil and soil-forming materials shall be stored in separate heaps / bunds. The heaps / bunds shall not be traversed by heavy vehicles or machinery except in the course of stacking, maintenance or re-spreading. Each heap shall be marked with signs for the duration of the storage period showing the soil type. The scheme shall be implemented in accordance with the approved details unless a variation is first agreed in writing by the Local Planning Authority.

Reason: To ensure the retention of existing soils on the site for restoration purposes and to minimise the impact of the development on the locality. To prevent unnecessary trafficking of soil by heavy equipment and vehicles which may damage the soil. In the interest of bringing about the satisfactory restoration of the site.

39 Controls during winter months

Following restoration of any part of the site and for a period of 2 years thereafter (unless otherwise agreed with the Local Planning Authority) unless specifically exempted by virtue of this condition, no vehicles shall be allowed on that part of the restored site during the period from 1st months of November to 30th March (inclusive) and April without prior written consent of the Local Planning Authority. Thereafter, no part of the restored site shall be traversed by heavy machinery except in order to facilitate Aftercare of that part of the site. For the avoidance of doubt, this prohibition of vehicles shall not extend to access for emergency works, health and safety inspections or for routine environmental monitoring as required by the Environment Agency.

Reason: In the interest of allowing the site to be restored to the required standard.

40 Lighting

No floodlighting or external lighting shall be installed unless a scheme of external lighting, including details of the spread and intensity of light together with the size, scale and design of any light fittings and supports, has been submitted to, and agreed in writing by, the Local Planning Authority. Thereafter, external lighting shall only be provided in accordance with the agreed details or in accord with any variation agreed in writing by the Local Planning Authority.

Reason: In the interest of amenity and to ensure that the proposed development is integrated within its immediate surroundings. In accordance with Policies PMD1 and PMD2 of the Core Strategy.

41 Fences, walls etc

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) no fences, gates, walls or other means of enclosure shall be erected on site unless;


a) temporarily required in connection with the restoration of the site, such fencing to be removed post restoration unless its retention is otherwise first agreed in writing with the Local Planning Authority pursuant to this condition;b) Part of a scheme for first agreed in writing with the Local Planning Authority or;c) Shown on the approved plan for restoration of the site

Reason: In the interests of; visual amenity, the character and openness of the site, ensuring public access and measures to mitigate the impacts upon ecology.

42 Display of consent

Throughout the period of inert landfilling and restoration operations, a copy of this planning permission, including relevant documents and plans and schemes subsequently approved pursuant to it, shall be displayed on site during working hours in a location which is readily accessible to any person undertaking the development.

Reason: To ensure awareness of the approved plans and conditions attached to the permission.

43 Extraction

There shall be no mineral extraction except within the area defined on the approved plans. With the exception of sand and gravel, all other material including overburden, top-soils and subsoils resulting from the mineral extraction within this area shall be retained on-site for the purposes of restoration of the site.

Reason: To limit the size of the resultant void space and impacts arising from the continued operation of the site. To ensure the recovery of all soil-forming material on site to achieve satisfactory restoration. In accordance with MPS1, MPG7, Essex Minerals Local Plan Policies MLP8 and MLP9 emerging LDF Core Strategy Policy PMD1.

INFORMATIVES

1. This notice relates to the requirements for planning permission under the Town & Country Planning Act 1990 (as amended). You may require permission under the Building Regulations before commencing this development.

2. The applicant is reminded that under the Wildlife and Countryside Act 1981 (section 1) it is an offence to take, damage or destroy the nest of any wild bird while the nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this


Act. Trees and scrub are likely to contain nesting birds between 1 March and 31 July. Any trees and scrub present on the application site should be assumed to contain nesting birds between the above dates unless survey has shown it absolutely certain that nesting birds are not present. The RSPB publish a booklet “Wild Birds and the Law”. English Nature also produces Guidance Notes relating to Local Planning and Wildlife Law – both of which are useful.

Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: www.thurrock.gov.uk/planning/14/01316/MIN

Alternatively, hard copies are also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL.

http://regs.thurrock.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=NFY901QG0LB00