web viewit should be noted that apparent compliance with any condition at the time of a site...

Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for

Hantergantick Quarry, St Breward, Bodmin

On 26th May 2015

Report Summary No. of Conditions

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

Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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IntroductionThis report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory

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Purchase Act 2004 1

Disclaimer

It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied.

Traffic Lights

For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

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

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

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2. Details of Site Monitoring Visit

Site Name and Address: Hantergantick Quarry, St Breward, Bodmin.

Planning Permission(s): NC20.ENV(2) Review of mineral planning permission - Approved on 11/12/1998

Legal Agreement(s): NoneOperator: De Lank British GraniteSite Status: Active

Type of Visit: Chargeable Visit - Announced

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

Date of Visit: 26th May 2015Time on Site: 11.25Time off Site: 12.00

Attendees: Mr Ian Skinner, Quarry ManagerWeather: Clear and bright

Ground Conditions: Slightly damp in placesReport Author: Mr M Butfield, Development Officer, Planning Enforcement,

Cornwall Council

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3. Compliance with Planning ConditionsNR/97/00014/ROMPS dated 11/12/1998

Condition Number and DescriptionCondition 1. Time Limit

This permission shall not be valid after 21 February 2042. Unless further planning permission has been granted for a continuation of operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plants, machinery and buildings no longer required (with exception of the former smithy) shall be removed from the site and the land shall be reinstalled in accordance with the further conditions below.

Notes Following VisitThis is recognised to be a post-dated condition. This permission has since become due for its own 15 year review and following an application by the operator (application No PA13/03824) the LPA have agreed an extension of time for this submission which will now be required to be submitted on or before the 11th December 2028. This was confirmed by a letter to the operator dated 20th May 2013.

Condition Number and DescriptionCondition 2. Extent of Permission and Nature of Development

These conditions relate to permission 997/E identified on Plan EA/Hant/1.Notes Following VisitThe drawings and permission to which these conditions refer are acknowledged.

Condition Number and DescriptionCondition 3. Extent of Permission and Nature of Development

There shall be no extraction of in situ granite for use as aggregate until a scheme has been submitted and agreed in writing with the MPA.

Such scheme to be submitted and agreed shall include the following:

- the number of vehicle movements;- the location of screening and crushing equipment;- measures for dust control; and- a noise monitoring scheme

Notes Following VisitThere is understood to have been no extraction of in situ granite for use as aggregates at this quarry since this permission was issued. Therefore the requirements of this condition to submit a working scheme are not relevant at this time.It is understood that surface deposits are periodically removed from the former tips when stone from this specific quarry is required for special contracts.

Condition Number and DescriptionCondition 4. Buffer Zone

There shall be no extraction of either in situ granite or removal of mineral waste deposits, nor any further tipping of mineral waste from the area shaded orange on Plan EA/Hant/3. Within 3 months of this determination, the operator shall remove any items of plastic or metal from

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the surface of this area.

Notes Following VisitThe area edged orange on drawing EA/Hant/3 has largely grown over with gorse and other vegetation and does not appear to have recently been accessed. There were no signs of any metal or plastic items in this area and no further action required in respect to this condition at this time.

Condition Number and DescriptionCondition 5. Development in Accordance with Approved Plans

No development shall be carried out other than in accordance with the approved plans (Drawing Number 02 and Plans EA/Hant/2, EA/Hunt/3 and EA/Hant/4) unless otherwise agreed with the MPA except as may be modified by other conditions in this Decision Notice, including the detailed landscaping scheme for the tipping area required in Condition No. 23.

Notes Following VisitThe phased development of the site involving the removal of in situ granite has not been commenced at this time, but it is acknowledged that selected pieces of stone are removed as required from surface deposits from areas on the northern and eastern sides of the main quarry void.

Condition Number and DescriptionCondition 6. Phasing of Working

Extractive operations at the site shall be phased as indicated on Plan ED/Hant/2. The approved operations during Phase 1 shall be as indicated on Plan EA/Hant/4 and Sections A-A1 and B-B1, unless otherwise approved by the MPA. Prior to commencing of working in the subsequent phases, the applicant shall submit a detailed scheme for working and, where appropriated, ongoing restoration of the phase.

Notes Following VisitThe phase development of area 1 has not commenced at this time, therefore the requirement of this condition is not applicable at this time.

Condition Number and DescriptionCondition 7. Access and Highway

Unless otherwise agreed with the MPA, the primary site access 'Access 1' (for the movement of lorries transporting stone) shall be as indicated on Plan EA/Hant/2. Exceptionally, the ancillary accesses ('Access 2' as identified on that plan) may be used for the movement of plant and machinery.

Notes Following VisitNeither access point was in use at the time of this visit and there are no outstanding complaints regarding vehicle movements at this site. A private vehicle had been parked outside of the main entrance which meant that entry to the quarry had to be gained on foot.

Condition Number and DescriptionCondition 8. Access and Highway Matters

The operators shall employ the best practicable means to prevent the transfer of mud, dust, stones and other deleterious material on the public highway. This shall include, where necessary, the provision of wheel cleaning facilities, the details of which shall be agreed with the MP.

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Notes Following VisitThe entrances were clean and clear of debris and there are no outstanding complaints regarding the condition of the road at either of the entrances. Entrance 1 which is shown in the picture below, appears to be the only entrance which is in use at this time and is still being maintained. Entrance 2 and the track inside the entrance have now largely grown over with mixed vegetation.

Condition Number and DescriptionCondition 9. Access and Highway Matters

With the exception of single-sized washed stone over 75mm, dimensional stone, armour and sea-wall stone, or hand-selected stone, all loads area to be sheeted or otherwise totally enclosed, before leaving the site.

Notes Following VisitThere are no outstanding complaints regarding the sheeting of lorries at this site and it is understood that stone which is removed from the quarry is larger than the stipulation identified by this condition..

Condition Number and DescriptionCondition 10. Hours of Operation

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

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07.00 am to 07.00 pm Monday to Friday07.00 am to 01.00 pm on Saturdays

There shall be no working on Sundays, Bank Holidays or National Holidays unless otherwise agreed by the MPA in writing.

Within the abovementioned working hours, blasting shall only take place between 09.00 and 18.00 hours Monday to Fridays and 10.00 and 12.00 hours Saturdays.

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

Condition Number and DescriptionCondition 11. Noise, Vibration and Dust General

Best practicable means shall be employed by the operators for the minimising of dust, smoke or fumes and the creation of noise and vibration during the approved use of site. The word 'practicable' and the phrase 'best practicable means' in these conditions shall have the meaning assigned to them in Section 79 (9) of the Environmental Protection Act 1990 as defined overleaf. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufacturers specifications at all times.

Notes Following VisitThere are no outstanding complaints regarding any environmental impacts identified by this condition and no mobile plant was observed to be on site at the time of this visit.

Condition Number and DescriptionCondition 12. Noise (Specific)

No further development for the winning and working of mineral shall take place until a detailed scheme has been submitted to and approved in writing by the MPA specifying:

a) the maximum permissible noise levels at the nearest residential property not in the control of the applicant (including separated limited and maximum periods of operation in relation to soil stripping, formation of permitted bunds/ mounds and other temporary operation);

b) noise monitoring and recording procedures to demonstrate compliance with the condition;

c) noise suppression measure; and

d) procedures to be adopted in the event of the maximum permitted noise levels being exceeded.

This condition shall not preclude operation on the site on a trial basis for a period of 10 working days or such longer period of time as may be agreed with the MPA, to provide data for the detailed noise scheme required by this condition.

Notes Following VisitThe scheme as required by this condition was previously submitted to the LPA on the 3rd November 2003. The site was not operational at the time of this visit and there are no outstanding complaints regarding noise at this site.

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Condition Number and DescriptionCondition 13. Blasting (Specific)

Ground vibration from blasting shall not exceed a peak particle velocity of 8.5mm/sec at or near the foundations of any inhabitable residential property or vibration sensitive building not in the control of the operator. The measurement to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise agreed with the MPA, the operator shall self-monitor all blasts, in accordance with a programme to be agreed with the MPA, and to release to the MPA all readings measured on request. There shall be no secondary blasting or the use of non-explosive gas expansion rock breaking techniques except with the written agreement of the MPA.

Notes Following VisitThere is understood to be no blasting taking place at this time and there are no outstanding complaints regarding blasting at this quarry.

Condition Number and DescriptionCondition 14. Dust (Specific)

At all times the operator will implement and comply with the submitted scheme ( refer Appendix EA/Hant1) for the suppression and mitigation of dust arising at the site).

Notes Following VisitThere are no outstanding complaints regarding dust at this site so compliance with this condition is acknowledged.. There was no machinery in operation at the quarry at the time of this visit.

Condition Number and DescriptionCondition 15. Plant and Machinery

Notwithstanding the provisions of part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1990 or any order amending, replacing or enacting that Order, no fixed plant or machinery, building or structures or erecting shall be erected, extended, installed or replaced at the site without the prior approval in writing of the MPA. Details shall include the design, siting, dimensions, cladding, noise and dust suppression measures.

Notes Following VisitNo unauthorised plant or buildings are understood to have been installed or constructed since this permission was issued.

Condition Number and DescriptionCondition 16. Plant and Machinery

All lights and floodlights shall be screened so as to minimise light spill to any occupied dwelling in the vicinity of the site.

Notes Following VisitThere are no outstanding complaints regarding lighting at this site and there is not understood to be any lighting currently in use at the site.

Condition Number and DescriptionCondition 17. Stockpiling

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There shall be no stockpiling of any material, outside the areas identified on Plan Nos. EA/Hant 3 and EA/ Hant 4 either for sale or waste rock, subsoil or topsoil on the undisturbed portion of the site, until details have been submitted to and approved by the MPA in writing.

Notes Following VisitThere is understood to be no active stockpiling taking place on site. Stone which has been recovered is understood to be removed for processing as it is identified.

Condition Number and DescriptionCondition 18. Water Interest/Drainage Matters

Prior to any dewatering of the quarry the operators shall submit to and have approved by the Mineral Planning Authority (MPA) in consultation with the Environment Agency and English Nature a scheme which provides for the protection of adjacent water interests.

Notes Following VisitThe quarry is not understood to have been dewatered since this permission was issued and maintains its own level. The following picture shows the current level of the water within the quarry void as viewed from the southern side.

Condition Number and DescriptionCondition 19. Water Interests/Drainage Matters

Any oil, fuel, lubricant and other potential pollutants shall be stored in suitable tanks and containers which shall be house in an area surrounded by a bun wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded area shall be impervious to both water and oil.

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Any pipes shall vent downwards within the enclosure formed by the bund.

Notes Following VisitThere are understood to be no known pollutants stored on site at this time.

Condition Number and DescriptionCondition 20. Water Interests/Drainage Matters

All quarry washings and run-off from stripped or disturbed areas and quarry tracks shall be contained in the existing settlement lagoons identified on Drawing No. 02 before discharge to any watercourse to removed solids. The design and location of any further lagoons shall be in accordance with details to be agreed with the MPA in consultation with the Environment Agency and English Nature.

Notes Following VisitThere is no identified water arising from any extraction areas. A lagoon which is located in the centre of the picture below was formed at the southern border of the site and this was created in accordance with a previous directive from English Nature dated 16th February 2004, but this was largely dry at the time of this visit.

Condition Number and DescriptionCondition 21. Soil Handling

In advance of operations in any approved working area, all available topsoil and subsoil shall be separately stripped whilst in a friable condition and either:

a) stockpiled in the area to be approved by the MPA for later use in restoration

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or

b) transferred directly to area prepared for surface treatment

In addition, soil forming materials should be identified and either:

a) stockpiled in the area to be approved by the MPA for later use in restoration

or

b) transferred directly to areas prepared for surface treatment.

On reinstatement the subsoil shall be replaced first and shall be loosened by cultivation across the contours, prior to spreading of the topsoil, in friable condition.

Notes Following VisitWorks have previously been undertaken on the northern side of the quarry to identify and remove large surface stones which has involved some disturbance and movement of surface soils but no additional soil has been created that would need to be stored or deployed elsewhere.

Condition Number and DescriptionCondition 22. Landscaping

Within 9 months from this determination, the operators shall remove the isolated high level mineral waste tip to the area agreed as identified on Plan EA/Hant/3. Further treatment for this area shall be included in the scheme to be submitted in accordance with Condition No.23.

Notes Following VisitThe material which was previously stored in this area is understood to have been removed some years ago and therefore no is no further action required in respect of this condition at this time.


Within 3 months from this determination the operator shall submit a detailed scheme to the MPA for approval to mitigate the visual impact of mineral waste tipping at this site. the shall include:

a) a detailed plan showing an improved profile for the tip to the south east of the quarry. If waste deposits are to be recycled, the plans should ensure the retention of a satisfactory outer edge, until the completion of recycling operations, to provide a visual and acoustics barrier for the neighbouring area;

b) a detailed specification for planting/seeding to encourage the establishment of native species of trees, shrubs and other vegetation on the tip.

Notes Following VisitIt has not been possible to trace any record of this scheme having previously been submitted and has now been outstanding for some 15 years. During this period a significant amount of the former waste tip on the eastern side of the quarry has been worked through and removed under a General Permitted Development Order and the area has since largely self-seeded and become overgrown. Recent developments at this site have not resulted in the

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creation of any waste tips but rather the disturbance of existing spoil tips.


Planting in accordance with the approved scheme in Condition No. 23 shall be maintained and any plants which die within 5 years of planting, or become seriously damaged or diseased shall be removed and shall be replaced in the next planting season with other of a similar size and species, unless otherwise agreed in writing with the MPA.

Notes Following VisitThe extraction as identified in this permission has not been undertaken at this time and the scheme as required by condition No 23 has not been submitted. As such there is no identified planting to regulate or monitor on site at this time.

Condition Number and DescriptionCondition 25. Restoration and Aftercare

There shall be no importation of waste to the site without the granting of further planning permission.

Notes Following VisitThere is understood to have been no importation of waste to this site since this permission was issued.


On completion of extractive operations the site shall be restored to amenity (nature conservation) purposes in accordance with a restoration and aftercare scheme to be submitted to and approve by the MPA (in consultation with the Environment Agency and English Nature). The approved aftercare measures shall be implemented for a minimum period of five years. The restoration and aftercare scheme shall be submitted by 30 June 2000 or such other time as shall be agreed in writing with the MPA.

Notes Following VisitThe extraction of in situ granite as approved by this permission has not commenced at this time as only preparatory works have been undertaken and until the extractive operations have been completed there is no further action required to be undertaken in respect of this condition at this time.


All plant and buildings shall be removed from the site on completion of quarrying or when it is no longer needed in connection with quarry and ancillary uses unless otherwise agreed in writing with the MPA.

Notes Following VisitThere are still two large buildings on site which are shown in the picture on the following page which house overhead cranes and other pieces of equipment. There is also a welfare/office block which has been largely vandalised. The operator is of the view that operations have not ceased at this site and it is acknowledged that the site continues to be used for the recovery of surface deposits of stone. The associated use of these buildings will need to be continually monitored during future monitoring visits to establish if they are still required to remain on site.

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In the event of a cessation of winning and working in minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for the approval of the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA.

Notes Following VisitThe question was raised at a previous visit as to whether this quarry was dormant and that a cessation of working had commenced but since that visit substantial works have been observed to have taken place at the quarry which included the partial clearance of overburden and stone from a section of phase 1 to the north of the existing quarry void which indicate that the site has been actively worked since that previous visit which was undertaken on the 19th June 2013. The 15 year review of this permission has been extended by the LPA for a further 15 years and will now be further reviewed in 2028. The site had previously become largely overgrown with natural vegetation and the main quarry void was becoming virtually inaccessible due to plant growth but now it is accessible on foot from the northern side which is protected with a small bund and the plant growth around the southern side has also been trimmed back.

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4. Legal AgreementsNone5. CommentsNone6. Noise Monitoring ResultsNone7. Blast Monitoring ResultsNone8. Dust Monitoring ResultsNone9. Other MattersNone10. Issues to be Addressed

Issues to be addressed by MPANR/97/00014/ROMPS dated 11/12/1998

Designated Officer Details

None at this visit.

Issues to be addressed by OperatorNR/97/00014/ROMPS dated 11/12/1998 None at this visit.

11. Summary

Hantergantick Quarry currently has planning approval for the quarrying of granite under an identified 4 phase operation. This permission was granted by the way of a Review of Mineral Planning Permissions submission on the 11th December 1998. It is acknowledged that development as approved by this permission has not been fully implemented at this time but preparatory works in the form of surface stone and soils clearance operations have recently been undertaken.Since this decision notice was issued, operations at this site have been undertaken by way of re working through existing granite waste heaps. These operations were acknowledged to be permitted under the existing Permitted Development Rights. The implementation of these works gave rise to concerns by English Nature, who imposed a direction to install protective boundary measures at the site. These were subsequently inspected by that authority and found to be satisfactory upon completion of those operations.

The existing planning permission has not been fully implemented at this time and has since become due for its own 15 yearly review. The operator has previously requested that the date for this submission of this application should be post phoned. The LPA wrote to the operator on the 20th May 2013 confirming that the submission date for the next review application will now be on or before the 11th December 2028.Working at this quarry remains relatively low key and as such there are no outstanding complaints associated with its use.

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