[A] Variation of condition nos. 3, 6, 11, 15, 23, 24, 25, 29 and 30 of planning permission H&WCC ref. 407393 (SH960682JZ) (Wellington) to merge operations and [B] Variation of condition nos. 2, 3, 4, 7, 8 and 9 of planning permission ref. CW2002/3058/M (Moreton-On-Lugg) To Merge Operations.

[A] Variation of condition nos. 3, 6, 11, 15, 23, 24, 25, 29 and 30 of planning permission H&WCC ref. 407393 (SH960682JZ) (Wellington) to merge operations and [B] Variation of condition nos. 2, 3, 4, 7, 8 and 9 of planning permission ref. CW2002/3058/M (Moreton-on-Lugg) to merge operations.

 

The Team Leader (Minerals and Waste) reported that the Environment Agency had not raised any objections to the applications.

 

Councillor J.G.S. Guthrie noted that Wellington Parish Council and Moreton-on-Lugg Parish Council were reasonably satisfied with the proposed merge of operations and he explained the recent history of the sites.  He also noted that Marden Parish Council had significant concerns about the impact of traffic from the quarries on the village and on the local road network.  Therefore, Councillor Guthrie proposed an additional condition to require a transportation scheme to ensure that the lorries were properly routed to and from the A49 and were not permitted to go through Marden.  The Sub-Committee supported this proposal.

 

RESOLVED:

 

1)            The County Secretary and Solicitor be authorised to complete a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to revoke the S106 Agreement made under reference SH960682JZ (H&WCC ref. 407393) on 24th April 1997 and amend the S106 Agreement made under ref. CW2002/3058/M on 13th January 2004) and

 

2)      Upon completion of the aforementioned Planning Obligation that the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission for applications DCCW2005/1242/M and DCCW2005/1243/M subject to the following conditions:

 

In respect of DCCW2005/1242/M (Wellington Gravel Pit):

 

1.      The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.  No soil shall be moved on site unless and until written notice of commencement has been sent to the local planning authority.

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990 and in order to define the commencement of the development.

 

2.      This permission shall be implemented only in lieu of, and not in addition to, the planning permission SH960682JZ (Hereford and Worcester County Council reference 407393) dated 24th April 1997.

 

         Reason: To prevent over development of the site and to protect the interests of the River Lugg SSSI, cSAC.

 

3.      The site referred to in this permission is that shown edged red on plan W17/PL1/3 received by Hereford and Worcester County Council on 5th June 1996, included within this site is the sand and gravel working existing at that time and two extension areas referred to as the Proposed Northern Extension Area and the Proposed Southern Extension Area.

 

         Reason: To define the permitted area in the interest of clarification and to protect the amenity of local residents and the scientific and nature conservation interests of the River Lugg SSSI, cSAC.

 

4.      The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. W107/03, W107/04, W107/05), except where otherwise stipulated by conditions attached to this permission.

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

5.      Every four calendar years from the date of this permission until the completion of all aftercare schemes, a biodiversity audit shall be submitted for the approval of the local planning authority.  The submitted scheme shall identify

 

i)      The species present and

 

ii)      Where National and Herefordshire biodiversity species are identified, estimates of the numbers present and

 

iii)      Propose how the habitats of such species may be improved during the course of the development hereby permitted, including the period of aftercare.

 

         Reason: In order to ensure that the site is worked and reclaimed in a way that maximises its nature conservation interest.

 

6.      Not later than 9 months from the date of this permission a scheme and method statement shall be submitted to the local planning authority for their approval in writing for the discharge of silt and dirty water from the plant site.  The submitted scheme shall be designed to ensure that on the cessation of the winning and working of minerals hereby permitted at least 6 islands, each at least 20 metres in diameter, each permanently surrounded by water have been created in Lake 3 and that Phragmites species have become established in Lake 3.  Development shall be carried out in accordance with the approved scheme.

 

         Reason: In order to ensure that the site is reclaimed in a way which maximises its nature conservation interest and to prevent pollution of the water environment and in the interests of protecting the River Lugg SSSI, cSAC.

 

7.      Not later than 31st May 2008 schemes and method statements shall be submitted to the local planning authority for their approval in writing for:

 

i)        The removal and respreading of the soil mounds formed in creating the blockworks on site, and

 

ii)         The clearance, ground preparation and soil covering of the areas shown as Plant Site, Offices, Conveyor and Stocking Area on drawing W107/03.

 

         Reason: In the interests of ensuring the proper reclamation of the site, the protection of archaeological features and the prevention of pollution to ground and surface waters, particularly the River Lugg SSSI and cSAC.

 

8.      No extraction shall be undertaken within 30 metres of any part of the railway embankment.

 

         Reason: In order to protect the stability of the railway line.

9.      No topsoil or subsoil shall be removed from the site other than for placement in the adjacent gravel pit at Moreton Camp previously granted planning permission under reference CW2002/3058/M granted on 11th February 2004.

 

         Reason: In order to ensure the proper reclamation of the site in the interests of landscape and nature conservation.

 

10.    No soil, subsoil, stone or waste materials shall be imported into the site for use in its reclamation other than from the adjacent gravel pit previously granted planning permission under reference CW2002/3058/M on 11th February 2004.

 

         Reason: In order to ensure the proper reclamation of the site in the interests of landscape, local amenity, pollution control and the protection of the River Lugg SSSI, cSAC.

 

11.    No soils shall be moved, spread, levelled or loosened other than in connection with agriculture within the area shown as agricultural land on plan W107/02 during the months of November to March (inclusive) or when the moisture content of this area is greater than 20% or when there are pools of water on the ground surface where soils are to be moved to.

 

         Reason: To ensure that the land is restored to as high a quality of agricultural land as possible.

 

12.    No work shall be done which would alter the existing ground surface or respread soils, subsoils or overburden within the areas shown as Plant Site, Offices and Stocking area on drawing W107/03 or Car Park and Field 2 - Pasture on plan W107/04 unless and until a scheme and method statement to do without unacceptable adverse effect on the River Lugg SSSI/cSAC and the archaeological value of these areas has been approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved scheme.

 

         Reason: In order to protect features of archaeological interest.

 

13.    No soils, subsoils or overburden shall be stored closer than 10 metres from the banks of the Wellington Brook.

 

         Reason: In order to minimise the risk of pollution.

 

14.    No work shall be undertaken within the vicinity of the pipeline other than in accordance with Transco Engineering Standard T/SP/SSW22 "Code of Practice for Safe Working in the vicinity of the Pipelines" or any instrument revoking or re-enacting that document with or without modification.

 

         Reason: In order to ensure that the gas pipeline is not damaged.

 

15.    No light source shall produce more than 1 lux horizontal or vertical illuminance at any adjacent property boundary.

 

         Reason: To minimise the impact of the floodlights and to protect the residential amenity of nearby dwellings and adjacent land users.

 

16.    Any facilities for the storage of oils, fuels or 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 shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%.  All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have separate secondary containment.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework shall be located above ground and protected from accidental damage.  All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

 

         Reason: To prevent pollution of the water environment.

 

17.    No machinery shall be operated other than water pumping, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times 0700 to 1900 Mondays to Fridays, 0800 to 1300 on Saturdays and not at all on Sundays, Bank or Public Holidays (“the permitted hours”), except to allow the access or egress of vehicles to or from  the area permitted for use as a rail loading facility, permitted under consent reference CW2001/3080/M granted 18th July 2002 in such cases the access of loaded and or unloaded vehicles shall be permitted but only the egress of unloaded vehicles shall take place outside the permitted hours.

 

         Reason: In order to protect the amenity of occupiers of nearby properties.

 

18.    No extraction shall be undertaken in connection with the permission hereby granted at any point within the application area deeper than the naturally occurring sand and gravel deposits at that point.

 

         Reason: To define the permission for the avoidance of doubt and because further excavation would require further assessment in the interests of local amenity, pollution control, the protection of ground and surface waters and the nature conservation interests of the River Lugg SSSI, cSAC.

 

19.    No later than 31st May 2008, the operator shall submit an aftercare scheme to ensure the reclamation of the site to the standard required, for the approval in writing of the local planning authority.  The submitted scheme shall include provision for:

 

i.        Managing the site in the interests of nature conservation and agriculture for at least 5 years after the completion of reclamation works on site and in particular for the provision and maintenance of habitats for priority species identified on site specified in the National and Herefordshire Biodiversity Action Plans.

 

ii.        The alteration of management practices where in the opinion of the local planning authority as advised by English Nature or any successor bodies, the habitats of Biodiversity Action Plan species identified on site could be enhanced.

 

iii.     A site meeting to be held every year during the aftercare period to discuss the progress of reclamation to date and to agree future proposals.

 

iv.        Such a meeting to be attended by the person(s) responsible for undertaking the aftercare of the land.

 

         Reason: To ensure that the site is reclaimed to the highest possible nature conservation and landscape interest.

 

20.    Not later than two years after the cessation of the winning of materials, as determined by the local planning authority,

 

i)       all stockpiles, stores, plant, hardstandings, buildings, tracks, machinery, equipment, infrastructure, chain link fencing and concrete fence posts and waste associated with the winning, working, processing, storage, sale and transportation of minerals and the production of readymix concrete and use of the site as a rail loading facility shall be permanently removed from the application site, and

 

ii)      the site shall be fully reclaimed in accordance with drawing W107/04 as supplemented by schemes approved in accordance with the conditions hereby approved.

 

         Reason: In order to ensure that the site is properly reclaimed within a specified timescale in the interests of local amenity, pollution control, nature conservation and the River Lugg cSAC and SSSI.

 

21.    The winning and working of minerals at this site shall expire fifteen years after the date of commencement.

 

         Reason: Required to be imposed by Part 1 of Schedule 5 of the 1990 Town and Country Planning Act.

 

22.      Notwithstanding the provisions of Schedule 2, Parts 6 and 7 of the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking or re-enacting that Order with or without modification, the land and lakes which remain on the cessation of mineral winning shall not be used for any activity other than for the purposes of nature conservation or agriculture unless a specific permission for such is obtained from the local planning authority.

 

         Reason: Because the local planning authority wish to control the use of the site in the interests of pollution control, nature conservation and the River Lugg cSAC and SSSI, the landscape and local amenity.

 

Informative:

 

1.            N15 - Reason(s) for the Grant of PP.

 

In respect of DCCW2005/1243/M (Moreton Camp):

 

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.  No soil shall be moved on site unless and until written notice of commencement has been sent to the local planning authority.

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.     The site referred to in this permission is that shown red on drawing MLM 2/2.

 

Reason: To define the permitted area in the interest of clarification and to protect the amenity of local residents and the scientific and nature conservation interest of the River Lugg SSSI, cSAC.

 

3.     This permission shall be implemented only in lieu of, and not in addition to, the planning permission CW2002/3058/M dated 11th February 2004.

 

Reason: To prevent over development of the site and to protect the interests of the River Lugg SSSI, cSAC.

 

4.     The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. (MLM/2/2), (MOL ND1),  (W107/03), W107/04), (W107/05) except where otherwise stipulated by conditions attached to this permission.

 

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

5.     Every four calendar years from the date of this permission until the completion of all aftercare schemes, a biodiversity audit shall be submitted for the approval of the local planning authority.  The submitted scheme shall identify

 

i)       The species present, and

 

ii)          Where National and Herefordshire biodiversity species are identified, estimates of the numbers present, and

iii)          Propose how the habitats of such species may be improved during the course of the development hereby permitted, including the period of aftercare.

 

Reason: In order to ensure that the site is worked and reclaimed in a way that maximises its nature conservation interest.

 

6.     Not later than two years from the date of this permission, a scheme and method statement shall be submitted to the local planning authority for their approval in writing for the creation of an area of wet woodland at least 1ha in extent, adjacent to lake 5.  The submitted scheme shall be designed to ensure that on the cessation of the winning and working of minerals at the development hereby permitted at least 10% of the proposed wet woodland consists of areas of permanent standing water no more than 1 metre deep and that at least 40% is seasonally flooded at least once per year on the basis of the Environment Agency’s prediction of the normal distribution of annual flooding at the site and that at least a further 25% is no more than 30cm higher than the predicted normal distribution of annual flooding at the site.  Development shall be carried out in accordance with the approved scheme.

 

Reason: In the interests of maximising the biodiversity and nature conservation value of the site.

 

7.     Not later than two years from the date of this permission, schemes and method statements shall be submitted to the local planning authority for their approval in writing for the creation of:

 

i)          Reed beds, dominated by Phagmites species,

 

ii)          Ditches, designated to maximise their use as wildlife corridors and as habitat for water voles,

 

iii)     A range of shallows and bankside gradients around the lakes formed as part of the development hereby permitted,

 

iv)          Exposed sections which can be permanently retained after the reclamation of the site as a record of its soil profile and geological features,

 

v)      At least one additional hide, open to the public free of charge within 2 years of the approval of the proposals for this part of this condition and maintained so during the course of the development already permitted including any period of aftercare,

 

vi)          Islands on the western side of lake 3, such that on the cessation of the winning and working of minerals at Moreton Camp, the final height of these islands is nowhere higher than 54 metres AOD and the surface of the islands is covered with impermeable material and gravel,

 

vii)    For the installation of at least 4 water level markers around each and every one of lakes 2, 3, 4, 5 and 6 accurately showing at least 53.5 and 54 metres AOD before reclamation works have been completed around each lake,

 

viii)  An artificial sand martin nest bank, and that

 

ix)          Development shall be carried out in accordance with all of the agreed schemes.

 

Reason: In the interest of maximising the biodiversity, nature conservation, amenity and geological value of the site.

 

8.     Not later than six months from the date of this permission, a scheme shall be submitted to the local planning authority for their approval in writing for the construction and subsequent removal of a noise reduction bund to the east of Yew Tree House.  Development shall be carried out in accordance with the approved scheme.

 

Reason: To protect the amenities of the residents of Yew Tree House.

 

9.     Not later than two years after the date of this permission a scheme of landscaping shall be submitted to the local planning authority for their approval in writing.  The submitted scheme shall include details of the species, sizes, densities and planting numbers of the trees, shrubs and other plant species and grass seed mixes to be used on site with the intention of creating as wide a range of habits as possible on site.  The landscaping of the site shall be carried out in accordance with the approved details.

 

Reason: In order to protect the visual amenities of the area, to prevent and enhance the quality of the environment and in the interests of the landscape and increasing its nature conservation value.

 

10.   No development shall take place in phases 4, 5 or 6 unless and until a scheme and programme of the means for the suppression of dust has been submitted to and approved in writing by the local planning authority.  The submitted scheme shall include inter alia: measures for the suppression of dust caused by the movement and storage of aggregate materials within the site.  The approved scheme shall be complied with throughout the use of the site in accordance with the development hereby permitted.

 

Reason: In the interests of the occupiers of nearby buildings and the prevention of pollution.

 

11.   Not later than twelve months from the date of this permission, schemes shall be submitted to the local planning authority for their approval in writing showing:

 

i)       The direction of working in each phase of extraction.

 

ii)      The sequence and duration of each phase of extraction.

 

iii)     The volumes of excavated soil, subsoil and overburden to be produced in each phase and where these are to be placed both temporarily and permanently.

 

iv)          Detailed proposals and a method statement of how and when the railway lines, rail loading and stockpiling areas are to be cleared in order to minimise the risk of pollution to ground and surface waters.

 

Development shall be carried out strictly in accordance with the approved schemes.

 

Reason: In the interests of protecting the amenity of nearby residents and the prevention of pollution to ground and surface waters, particularly the River Lugg SSSI, cSAC.

 

12.   No work shall be undertaken within the vicinity of the gas pipeline other than in accordance with Transco Engineering Standard T&SP/SSWZZ "Code of Practice for Safe Working in the Vicinity of the Pipelines" or any instrument revoking or re-enacting that document with or without modification.

 

Reason: In order to ensure that the gas pipeline is not damaged.

 

13.   During the course of the development hereby permitted up to and including the winning of minerals from Phase 5, the operator shall carry out the barn owl and species rich grassland mitigation scheme set out in Tarmac's letter of 7th July 2003, reference ML/JA/M103(P) (Barn Owl and species rich grassland mitigation scheme) and plan reference "Management Proposals" drawing number 2, July 2003.

 

Reason: In order to retain suitable habitats for barn owls and grassland of nature conservation interest.

 

14.   No extraction shall be undertaken within 30 metres of the sleepers on the railway lines shown as retained on plan W107/04 unless otherwise agreed in advance in writing by the local planning authority.

 

Reason: In order to protect the stability and future use of the railway line.

 

15.   No development shall take place until there has been secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been approved in writing by the local planning authority.  This programme shall be in accordance with a brief prepared by the County Archaeological Service.  Items of prior archaeological excavation required as part of this programme must be completed in the field to the satisfaction of the local planning authority before the commencement of any development.  The submitted scheme shall specify that the Bronze Age site within Area C, defined in the revised Archaeological Mitigation Strategy dated 9th August 2005, shall be excavated not later than 12 months from the commencement of soil stripping in Phase 4.

 

Reason: To ensure that the exceptional archaeological interest of the site is recorded, and also to ensure that specific items of archaeological excavation can take place within an acceptable timescale that will not be compromised by other site works or factors.

 

16.      Throughout the course of the development hereby permitted, including the reclamation and aftercare for the site, hydro-geological monitoring shall be undertaken in accordance with the monitoring scheme/programme reference "groundwater monitoring scheme" received on 12th January 2004 and plan reference Groundwater Monitoring Borehole Location Jan. 04 Drawing No. 2.

 

Reason: In the interests of pollution control, the protection of ground and surface waters in and around the site, the residential amenities of nearby dwellings and the nature conservation interests of the River Lugg cSAC and SSSI.

 

17.      Throughout the course of the development hereby permitted including the reclamation and aftercare of the site, control procedures for managing contaminated soils and groundwater shall be undertaken in accordance with document reference "Control Procedures for Managing Contamination, Soils and Groundwater during Mineral Extraction Operations" received on 8th December 2003.

 

Reason: In the interests of pollution control, the protection of ground and surface waters in and around the site, the residential amenities of nearby dwellings and the nature conservation interests of the River Lugg cSAC and SSSSI.

 

18.   No foul or contaminated drainage shall be discharged from the site.

 

Reason: In the interests of the protection of ground and surface waters and to protect the nature conservation interests of the River Lugg cSAC and SSSI.

 

19.   The level of noise from the development hereby permitted shall not exceed the following levels at the locations specified below:

Property boundary of Holmesdale House, LAeq day time operations 66.9dBA, LA90 day time operations 48.0 dBA.

 

Adjacent to the property boundary of Yew Tree House, LAeq day time operations 63.5 dBA, LA90 day time operations 48.5 dBA.

 

Adjacent to the property boundary of The Almshouses, LAeq, day time operations 58.8 dBA, LA 90 day time operations 48.0 dBA.

 

Adjacent to the property boundary of St. Mary's Church Vicarage, LAeq day time operations 47.5 dBA, LA 90 day time operations 43.0 dBA

 

and if requested in writing by the local planning authority the operator shall submit within 14 days of the written request a noise survey at these locations to demonstrate compliance.

 

The location of these properties is shown on plan MLR7/1 attached to this permission.

 

Reason: In order to protect the residential amenities of nearby dwellings.

 

20.   No light source shall produce more than 1 lux horizontal or vertical illuminance at any adjacent property boundary.

 

Reason: To minimise the impact of the floodlights and to protect the residential amenity of nearby dwellings and adjacent land users.

 

21.   Any facilities for the storage of oils, fuels or 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 shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%.  All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have separate secondary containment.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework shall be located above ground and protected from accidental damage.  All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

Reason: To prevent pollution of the water environment.

 

22.   No machinery shall be operated, other than water pumping, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times 0700 to 1900 Mondays to Fridays, 0800 to 1300 on Saturdays and not at all on Sundays, Bank or Public Holidays, except that within the area permitted for use as a rail loading facility, permitted under consent reference CW2001/3080/M granted 18th July 2002, the unloading of aggregates from vehicles, loading of aggregates into railway wagons for trans-shipment by rail and unloading of railway wagons onto the floor of the rail loading facility (but not into vehicles) may take place at any time.

 

Reason: In order to protect the amenity of occupiers of nearby properties.

 

23.   No extraction shall be undertaken in connection with the permission hereby granted at any point within the application area deeper than the naturally occurring sand and gravel deposits at that point.

 

Reason: To define the permission for the avoidance of doubt and because further excavation would require further assessment in the interests of local amenity, pollution control, the protection of ground and surface waters and the nature conservation interests of the River Lugg cSAC and SSSI.

 

24.   No materials or substances shall be burnt within the application site.

 

Reason: To safeguard residential amenity and prevent pollution.

 

25.     Notwithstanding the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking or re-enacting that Order with or without modification, no materials, including aggregates shall be stockpiled or deposited in the open to a height exceeding 5 metres.

 

Reason: To protect the appearance of the locality.

 

26.   No topsoil, subsoil or over burden shall be removed from the site other than for placement in the adjoining gravel pit at Wellington granted planning permission under reference SH96/0682JZ (Hereford and Worcester County Council reference 407393) on 24th April 1997.

 

Reason: In order to ensure the proper reclamation of the site, in the interests of landscape and nature conservation.

 

27.   No soil, subsoil, stone or waste materials shall be imported into the site for use in its reclamation other than from the adjacent gravel working previously permitted under reference SH960682JZ (Hereford and Worcester County Council reference 407393) on 24th April 1997.

 

Reason: In order to ensure the proper reclamation of the site and in the interests of local amenity, pollution control and the conservation interests of the River Lugg cSAC and SSSI.

 

28.   No later than 31st May 2008, the operator shall submit an aftercare scheme to ensure the reclamation of the site to the standard required, for the approval in writing of the local planning authority.  The submitted scheme shall include provision for:

 

i.           Managing the site in the interests of nature conservation and agriculture for at least five years after the completion of reclamation works on site and in particular for the provision and maintenance of habitats for priority species identified on site specified in the National and Herefordshire Biodiversity Action Plans.

 

ii.      The alteration of management practices where in the opinion of the local planning authority as advised by English Nature or any successor bodies, the habitats of Biodiversity Action Plan species identified on site could be enhanced.

 

iii.     A site meeting to be held every year during the aftercare period to discuss the progress of reclamation to date and to agree future proposals.

 

iv.           Such a meeting to be attended by the person)s) responsible for undertaking the aftercare of the land.

 

Reason: To ensure that the site is reclaimed to the highest possible nature conservation and landscape interest.

 

29.   Not later than two years after the cessation of the winning of minerals, as determined by the local planning authority,

 

i)       All stockpiles, stores, plant, hardstandings, buildings, tracks, machinery, equipment, infrastructure, chain link fencing and concrete fence posts and waste associated with the winning, working, processing, storage, sale and transportation of minerals and the production of readymix concrete and use of the site as a rail loading facility shall be permanently removed from the application site, and

 

ii)      The site shall be fully reclaimed in accordance with drawing W107/04 as supplemented by schemes approved in accordance with the conditions hereby approved.

 

Reason: In order to ensure that the site is property reclaimed within a specified timescale in the interests of local amenity, pollution control, nature conservation and the River Lugg cSAC and SSSI.

 

30.   The winning and working of minerals at this site shall cease thirteen years from the date of commencement as notified in Condition 1 above.

        Reason: Required to be imposed by Part 1 of Schedule 5 of the Town and Country Planning Act.

 

31.     Notwithstanding the provisions of Schedule 2, Parts 6 and 7 of the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking or re-enacting that Order with or without modification, the land and lakes which remain on the cessation of mineral winning shall not be used for any activity other than for the purposes of nature conservation unless a specific permission for such is obtained from the local planning authority.

 

Reason: Because the local planning authority wish to control the use of the site in the interests of pollution control, nature conservation and the River Lugg cSAC and SSSI, the landscape and local amenity.

 

32.    No winning or working of minerals shall be undertaken in phase 5 of the site as shown on drawing no. W107/05 unless and until the entire length of the C1122 between the A49 and up to and including the entrance to the Wellington gravel pit site has been resurfaced with a 14mm size close graded wearing course to standard specified in BS.4987, Part 1, Section 2.7.3 (100mm pen binder) (MIN. P.S.V.62) to an average compacted thickness of 50mm.

 

             Reason: In the interests of highway safety and the amenities of users of the highway.

 

33.    Unless otherwise agreed in advance in writing only a toothless excavator or grading bucket shall be used for soil or overburden stripping on site.

 

       Reason: To enable features of archaeological interest to be adequately investigated and recorded.

 

Informative:

 

N15 - Reason(s) for the Grant of PP.