APPLICATION NO: 09/0072/FDMAJM District Ref: P0062/10/CPC VALIDATION DATE: 15th January 2010 AGENT: Land & Mineral Management Ltd, Round House

Cottages, Bridge Street, Frome Somerset BA11 1BE APPLICANT: Clearwell Quarries Limited SITE: Clearwell Quarry, Stowe Green, St Briavels, Lydney,

GL15 6QW PROPOSAL: Phased relocation and replacement of the stone

processing plant, office, staff facilities and workshop from Clearwell Quarry to Stowe Hill Quarry, erection of an environmental bund to attenuate noise, a new haul road and road access onto the B4228 and accompanying weighbridge/wheel wash facilities.

PARISH OF: Newland SITE AREA: 4.92 Ha

GRID REF: Grid Ref: E356611 N207169

RECOMMENDATION: That planning permission is GRANTED for the reasons set out within this report and summarised at paragraphs 7.123 to 7.128 and subject to the conditions detailed at section 8.0 of this report and subject to the applicant and any other appropriate party, first entering into a Planning Obligation to secure the a Monitoring and Management Plan for the water and conservation impacts of the operation.

1.0 LOCATION 1.1 Clearwell and Stowe Hill Quarry lies on a Class III highway about 3km south

of Coleford. The village of Clearwell lies approximately 1 km to the north of the quarry. The two small hamlets of Stowe and Stowe Green are situated on the local road to the south and north of the quarry access respectively. Clearwell and Stowe Hill Quarry were originally two quarries separated by a road. However, they are operated as a single unit with a connecting tunnel, with a conveyor belt, under the highway. Quarrying takes place in the southern quarry which is called Stowe Hill. The processing plant is located in the bottom of the northern, worked out, quarry which is Clearwell Quarry.

Agenda Item 6

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1.2 The proposed site is located within Clearwell Quarry between the existing concrete batching plant and the quarry bins. The site is currently used for aggregate storage. 1.3 The nearest residential properties are The Travellers Rest (PH) which is

approximately 170 metres away to the north and Stowe Green Farm which is approximately 220 metres away to the north.

2.0 THE PROPOSAL

2.1 The following information has been provided by the applicant in support of the

application with all appendixes and reports referred to available to be viewed in public access.

“Introduction Clearwell Quarries Limited operates Clearwell and Stowe Hill Quarries. Limestone is extracted in Stowe Hill Quarry and transported on a conveyor to Clearwell Quarry, which is a worked out quarry undergoing restoration, where the stone processing plant, site office, weighbridge and staff facilities are located. Concrete Batching and Asphalt Plants are also located at Clearwell Quarry which are owned and operated by Aggregate Industries UK Limited. The processing plant at Clearwell Quarry, which is visible beyond the boundaries of the site, is elderly and requires replacing to improve efficiencies and relocating to enable the restoration of Clearwell Quarry. This planning application is for the phased replacement and relocation of the stone processing plant, office, staff facilities and workshop into Stowe Hill Quarry and the erection of an environmental bund to attenuate noise. It is also proposed to construct a new haul road and road access from Stowe Hill Quarry onto the B4228, which is an established HGV Route and to provide a weighbridge and wheel wash facilities. A secondary planning

application made under section 73 of the Town and County Planning Act seeks to vary the current quarry planning permission to amend the restoration plans for the quarries to facilitate the new plant site and bund.

The replacement and relocation of the stone processing plant into a quarry void behind an environmental bund will help attenuate noise, ensure that the processing plant will not be visible beyond the boundary of the quarries and will advance the progressive restoration of Clearwell Quarry. The provision of a new road access will ensure that the traffic associated with the transportation of processed stone will have direct access to an established HGV route and will avoid the unclassified roads currently used. The Site Clearwell and Stowe Hill Quarries, shown on Plan No: 251H/1, are located to the south of the village of Clearwell near the hamlet of Stowe. The Quarries are separated by an unclassified road from Stowe to Shop House Farm. This road also provides access to the quarries.

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Planning Permission Ref: DF/2238/X was granted in 2007 for the Extension of Stowe Hill Quarry and for the consolidation of the existing planning permissions for both Clearwell and Stowe Hill Quarries.

Limestone is extracted from Stowe Hill Quarry. The stone is taken to a primary crusher which is located in an excavated area approximately 10m below the quarry floor. Following the initial processing the stone is transported on a conveyor to Clearwell Quarry which is a worked out quarry where the stone is processed into limestone products, stored, and sold. The processing plant (secondary crusher, washing plant, screens, bins and scalping plant), office, staff facilities and workshop are located in the southern part of the quarry. These facilities are retained by Planning Permission Ref: DF/2238/X.

Inert recycling and concrete block production facilities are permitted, in the central part of Clearwell Quarry, subject to separate planning permissions. Concrete Batching and Asphalt Plants are also located towards the centre of the quarry. These are owned and operated by Aggregate Industries UK Limited and are also subject to separate planning permissions. The northern part of Clearwell Quarry is being progressively restored using indigenous quarry and imported inert wastes in accordance with Interim Restoration Plan No: 665/SK1B and Planning Permission Ref: DF/2238/X, to grassland and woodland. Plan No: 665/SK1B only provides restoration details for the northern part of the quarry.

The Proposals It is proposed to replace and relocate the stone processing plant, site office, staff facilities and workshop in phases into Stowe Hill Quarry and to erect an environmental bund to attenuate noise. It is also proposed to construct a new haul road and road access onto the B4228 and to provide a weighbridge, weighbridge office (portacabin) and wheel wash. The Planning Application Area is shown on Plan No: 8318-5000-001. Plan No: 8318-5000-002 shows the proposed development.

Relocation and Replacement of the Stone Processing Plant

At present the stone processing plant in Clearwell Quarry consists of washing and scalping plants, stone crusher and the screens/bins. The screens/bins are located in a 28m high building which is visible from outside of the quarry. To improve efficiencies it is proposed to replace the crushing and screening plant with mobile plant which will be located in Stowe Hill Quarry in a quarried void adjacent to the existing primary crusher. The new plant will consist of two crushers and a screener. The manufacture’s details for the plant are in Appendix 2. It is not proposed to relocate or replace the existing washing and scalpings plants which, when decommissioned, will be removed from site. Similarly it is not proposed to retain and relocate the permitted inert recycling and concrete block-manufacturing facilities. Instead these areas will be restored.

The new plant area will be located in a quarry void 10-12 m below the current quarry floor adjacent to the primary crusher and will be accessed

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via a ramp. Once the new plant area is operational, the existing conveyor between Stowe Hill and Clearwell Quarries will be removed. Approximately 500,000 tonnes of stone will be extracted to construct the void for the plant area and this will be processed and sold from Clearwell Quarry. As with the current plant area surfacing will not be required as all processing and stockpiling will occur on the limestone quarry floor.

The proposed new plant will not lead to an increase in annual outputs from the quarry which are limited to 600,000 per annum by Condition 8 of Planning Permission Ref: DF/2238/X. Instead, in comparison to the existing plant, the new plant will be more energy efficient thus reducing the costs associated with stone processing. Furthermore it is not proposed to extend the end date of the Quarry which is limited by Condition 1 of Planning Permission Ref: DF/2238/X to 31st December 2025.

Environmental Bund It is proposed to erect an environmental bund to the north of the new plant area. The bund will provide a barrier, to attenuate noise, between the residential properties at Stowe and on the road from Stowe to Shop House Farm. The Noise report in Appendix 3 confirms the attenuation provided by the bund.

The bund will be constructed, over a 3-year period, with approximately 300,000 tonnes of waste limestone (mostly scalpings) and 300,000 tonnes of imported inert waste materials. The bund will extend from the quarry floor rising to 5 m above the pre-extraction ground level. Plan No: 8318-5000-002 shows the proposed bund. Plan Nos: 8318-1000- 003 & 8318-1000-004 provide cross sections through the bund.

The restored substrate of the southern side of the bund will comprise a limestone rubble base over which will be laid a skeletal layer of indigenous limestone soil stripped and stored from this quarry prior to quarrying. Following which the southern side of the bund will be sown as calcareous grassland in accordance with the Grassland Restoration and Aftercare Scheme submitted for Condition 52 of the Planning Permission Ref:DF/2238/X. This scheme initially required the area where the bund is to be created to have approximately 1 ha of calcareous grassland. With the proposed bund the area of calcareous grassland will be increased to approximately 2.4 ha. Indigenous sub and topsoil will be spread on the north side of the bund and planted as woodland in accordance with the planting scheme in Appendix 4. The landscaping for the proposed bund is shown on Plan No: C29.L/6E.

Haul Road and Access onto the B4228

Prior to the erection of the bund and relocation of the processing plant into Stowe Hill Quarry it is proposed to create a new road access onto the B4228. The new haul road is shown on Plan No: 8318-5000-002. To facilitate the haul road a ramp will be constructed from the quarry floor to pre-extraction ground levels from which a haul road, constructed using crushed limestone, will lead to the new road access onto the B4228. This access has been located and

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designed by a traffic consultant. Plan No: 09/258/TR/003B shows the road access. A Highways Statement is in Appendix 5 which demonstrates that the access can be utilised without undue impact to users of the B4228 and provides a benefit in terms of reducing traffic on the unclassified road currently used by the Quarry. The first 200m of the haul road from the B4228 will have a tarmac or concrete surface. Weighbridge facilities will be installed near Longley Farm in a relatively-screened location. This will include a wheel wash, weighbridge and weighbridge office (portacabin) which will be erected before the operation of the haul road. If required prior to construction, details of these facilities will be submitted to the Mineral Planning Authority for approval.

Relocation of the Office, Workshop & Staff Facilities The Site Office, Workshop and Staff Facilities will be relocated into an appropriate location in Stowe Hill Quarry following the relocation of the plant. If required prior to construction, their precise location and construction details will be submitted to the Mineral Planning Authority for approval.

Restoration of Clearwell Quarry

To date the northern part of Clearwell Quarry has been subject to restoration by creating a landform suitable to support grassland and woodland using a combination of quarry and imported inert waste. The inert waste is required as there is insufficient indigenous material available to restore the quarry to a beneficial afteruse. The imported inert material is derived from the local area and spread under 2m in depth using an Exemption from Environmental Permitting. With the relocation of the processing plant/office/staff facilities/workshop it is proposed to adopt the phased restoration scheme shown on Plan Nos: 892/PL1 – 892/PL4. Plan No: 892/PL1 shows Phase 1 of the restoration works in which the northern part of the quarry is finalised using 20,000 tonnes of imported soils.

Plan No: 892/PL2 shows Phase 2 of the restoration works where the current Asphalt Plant is relocated. This plant is due for removal and a replacement plant will be erected adjacent to the Concrete Batching Plant, subject to Planning Permission Ref: 09/0016/FDMNRM dated, 14th May 2009 by May 2012. Approximately 2.5 ha of this area will require quarry and imported inert wastes. To complete the restoration works it is envisaged that up to 50,000 tonnes of inert waste will be required. Plan No: 892/PL3 shows Phase 3 of the restoration works when the current processing area is restored using quarry waste and up to 150,000 tonnes of inert waste. During this phase the Asphalt and Concrete Batching Plants, weighbridge, weighbridge office and wheel wash are retained. Plan No: 892/PL4 shows the final restoration following the cessation of extraction at Stowe Hill Quarry and the removal of the Asphalt and Concrete Batching Plants and weighbridge, weighbridge office and wheel wash. Quarry wastes and up to 50,000 tonnes of inert wastes will be spread to achieve this landform.

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Restoration of Stowe Hill Quarry The restoration of Stowe Hill Quarry is required by Conditions 2, 45 and 48 of Planning Permission Ref: DF/2238/X which requires the site to be restored in accordance with Plan No:C29.L/6C. With the proposed new plant area and bund a Section 73 Planning Application accompanies this application to change the restoration scheme for Stowe Hill Quarry. Plan No:C29.L/6E provides an updated restoration scheme which shows the bund retained and the plant area restored to a lake/wetland areas. As with the existing restoration works the quarry will be progressively restored using indigenous quarry wastes following stone extraction. Plan No:C29.L/6E also shows the current restoration works at Stowe Hill Quarry to the south which has left a seasonal wetland area enclosed by quarry faces that provide attractive landscape features. Operating Hours The proposed development will adopt the same working hours as those at Stowe Hill Quarry and the processing plant in Clearwell Quarry required by Condition 10 of Planning Permission DF/2238/X which are as follows: 07:00 – 18:00 Mon- Sat 08:00 – 13:00 Sat Notwithstanding the above hours, the servicing of mobile plant within workshop buildings will be permitted between the hours of 13:00 – 17:00 on Saturdays. Phasing The proposed development will be phased to avoid a disruption to the operation of the quarry and the supply of limestone products. Table 1

below provides a schedule of phasing.

Table 1: Schedule of Phasing. Date Action 2009 – 2010 Construct haul road and road access onto the B4228. Erection of wheel wash, weighbridge and weighbridge office adjacent to Longley Farm. Complete restoration of Phases 1 at Clearwell Quarry in accordance with Plan No: 892/PL1. 2009 - 2012 Construction of the Environmental Bund. HGVs with imported inert wastes for the environmental bund to use the new road access. Plant area to be created by excavation into the quarry floor.

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Aggregate Industries to relocate the Asphalt Plant in Clearwell Quarry. 2010 - 2013 Restoration of Phase 2 in Clearwell Quarry in accordance with Plan No: 892/PL2. 2012 – 2016 Progressive relocation of processing operations into Stowe Hill Quarry. Removal of washing and scalping plant. Relocation of site office, staff facilities & workshop into Stowe Hill Quarry. Weighbridge, weighbridge office and wheel wash in Clearwell Quarry retained to service the restoration works. 2014 –2018/2020 Progressive restoration of Phase 3 of Clearwell Quarry in accordance with Plan No: 892/PL3. 2025 Removal of the Asphalt and Concrete Batching Plants in Clearwell Quarry. Cessation of mineral extraction at Stowe Hill Quarry and removal of plant etc. 2025 – 2026 Restoration of Phase 4 of Clearwell Quarry in accordance with Plan No: 892/PL4. Restoration of Stowe Hill Quarry in accordance with

Plan No:C29.L/6E

Benefits The provision of new plant will improve operational efficiencies by reducing energy consumption. The plant will be fitted with state-of-theart dust suppression systems. The relocation of the plant closer to the extraction area will further reduce energy consumption by reducing vehicle movements and reliance on the conveyor. The current screening/bins are enclosed within a building which can be seen beyond the boundary of Clearwell Quarry as demonstrated in the Visual Study in Appendix 8. The removal of this building and associated plant will therefore reduce the visual impact of Clearwell Quarry. The relocation of the processing plant will enable the progressive restoration of Clearwell Quarry. All traffic associated with Stowe Hill & Clearwell Quarries currently uses

the Stowe to Shophouse Road. This is an unclassified road which links

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the quarry to the B4228 at Orepool but passes close to a number of residential properties. Relocating the stone processing plant into Stowe Hill Quarry provides an opportunity to link the quarry directly to the B4228 which is an established HGV route. As the majority of quarry traffic is related with the sale of limestone products traffic movements and their associated impacts on an unclassified road will be reduced. Calcareous grassland will be established on the southern side of the environmental bund. In comparisons with the restoration scheme approved by the quarry planning permission the inclusion of the bund will increase the amount of calcareous grassland to be created by approximately 1.4 ha.

Environmental Impacts Agriculture The haul road crosses agricultural land associated with Agricultural Land Classification 3. The alignment of the haul road has been sited following consultation with the tenant farmer to avoid any impact to his agricultural enterprise. Archaeology

The majority of the development will occur in previously quarried areas. Only the haul road will cross-undisturbed ground. The haul road is small in scale and is not in the vicinity of any scheduled ancient monuments. The archaeological investigation which accompanied the planning application for Stowe Hill Quarry recognised that this area has a low archaeological value and only one area (Field 6) required further investigation before quarrying. Dust Condition 22 of Planning Permission Ref: DF/2238/X for the quarry requires the control of dust in accordance with the mitigation proposals in the Dust Impact Assessment submitted with the quarry planning application. A copy of this assessment is in Appendix 6. The development of the environmental bund, operation of new plant and haul road will continue to adhere to these principles to ensure that dust does not create an impact. Furthermore the new processing plant will be fitted with state-of-the-art dust suppression systems.

Ecology The development areas are not within or adjacent to any protected habitats. The majority of the development occurs within an empty quarry void which has previously been stripped of soils. The proposed new haul road crosses agricultural land and 4 hedgerows. The weighbridge/wheel wash facilities will be located on the side of the haul road in an agricultural field. The access onto the B4228 will require the translocation, behind the required site lines, of approximately 300 m of hedgerow. All hedgerow works will be conducted between 20th August and 10th March to avoid breeding birds. An ecological survey was conducted to assess the impact of the proposed haul road, weighbridge/wheel wash facilities and road access. The Ecological Advice Note is in Section 9 and recognises that the areas affected encompass

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predominantly agricultural fields of very low ecological value and hedgerows. Both these habitat types are common and widespread. There was also no evidence of the presence of protected species. Those species that were found were common and widespread. The report also recognises that no trees will be affected as the development is sited beyond the ‘drip line’ of their canopy. In conclusion the report recognises the impact to be at only a ‘site scale’ (i.e. contained within the footprint of the development), and it is considered that the integrity of any surrounding habitats/communities/species would have no reliance upon the ecology contained within the areas affected.

Flood Risk A Flood Risk Assessment is provided in Appendix 7 which recognises that the proposed development will not materially change the characteristics of the water flow, storage or management system in the quarries and surrounding land. The development area is also characterised as not being at a significant risk of flooding. Noise Noise within Stowe Hill Quarry is restricted by Condition 17 of Planning Permission DF/2238/X in Appendix 1. It requires noise levels arising from the quarry, between 7.00 a.m. and 6.00 p.m. on Mondays to Fridays and 8.00 a.m. and 1.00 p.m. on Saturdays, shall not exceed 55 dB(A) LAeq,1hr freefield at the properties at Stowe and 52 dB(A)LAeq,1hr freefield at the properties at Stowe Green. Mineral Policy Statement 2 (MPS 2) provides the Government’s guidance for noise from mineral sites and provides a criterion for noise limits at residential properties. It suggests that noise at any noise sensitive property should not exceed 10 dBA above background. To assess compliance with Condition 17 of the quarry planning permission and the noise criterion in MPS 2 a noise assessment was conducted. A copy of the Noise Impact Statement is in Appendix 3 and demonstrates that the overall noise levels associated with the proposed relocation of the stone processing plant would comply with both the MPS 2 noise criterion and the limits set by Condition 17. The report concludes that an integrated noise mitigation strategy has been implemented in the layout and design for the relocated stone processing plant and bund not only to comply with the appropriate noise standards and criteria, but also to minimize the noise impact in the community throughout the duration of the quarry. The relocated plant would for example be sited at a low elevation in the bottom of the quarry void to maximize the benefit of the acoustical screening achieved by the noise bunds and quarry faces. Public Rights of Way The proposed haul road crosses public footpath RNE/67 near Longley Farm. Warning signs for both the users of the footpath and the haul road will be provided before use commences.

Traffic

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Typically 15 tonne HGVs are used to export the 550,000 tonnes of limestone products from the quarry per annum. This equates to 133 HGVs (266 HGV movements) per day. The proposed new haul road and access onto the B4228 will remove these vehicles from the unclassified road from Stowe to Orepool via Shophouse Corner which currently links the quarry to the B4228. Approximately 18 - 20 tonne HGVs per day (36- 40 HGV movements) are associated with the importation of inert wastes to restore Clearwell Quarry which will continue to use the existing road access. It is of note that some 80% to 90% of the vehicles bringing inert waste to the site are then used to export quarried minerals from the site. Traffic movements associated with the Asphalt Plant typically range from 3- 6 HGVs per day (6-12 HGV movements). Approximately 9 5 tonnes HGVs (18 HGV movements) are associated with the Concrete Batching Plant. Vehicles from both the Asphalt and Concrete Batching Plants will continue to use the existing road access at Clearwell Quarry. The construction of the bund will require 300,000 tonnes of inert wastes which will be typically imported using 20 tonnes HGVs. It is envisaged, subject to the availability of inert materials, that the bund will be progressively constructed over a 3-year period. As a result approximately 18.5 20 tonne HGVs per day (37 HGV movements) will be associated with the importation of inert wastes. The HGVs associated with the bund will use the new road access on to the B4228. It is not envisaged, due to the availability of local inert materials that the construction of the bund and the restoration of Clearwell Quarry will occur at the same time. As a result the proposed development will not increase HGV movements. Instead the development provides an opportunity to remove the lorry movements associated with the sale of limestone away from an unclassified road and onto an established HGV route (B4228). The benefits of the proposed new road access such as the removal of a significant number of HGVs from minor local roads is discussed in the Highways Assessment in Appendix 5. This assessment also recognises that there will be no change in the number of vehicle movements passing through any of the surrounding towns, such as St Briavels, Lydney etc. Visibility To assess the visual impact associated with the proposed plant site, environmental bund, haul road and weighbridge/wheel wash facilities a Visual Study was conducted. The resulting report is in Appendix 8 which recognises that the relocation of the processing operations into Stowe Hill Quarry will reduce the visual impact associated with Clearwell Quarry. In contrast to the processing area in Clearwell Quarry the new plant area and associated activities will only be seen from a limited number of short distance views where any impact will be slight. The environmental bund will only be seen from a limited number of localised short- distance views where the impact will be slight. These views will be gained from the lane from Stowe to

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Shop House Farm and associated visual receptors that tend to be travelling (users of the lane). The weighbridge facilities and haul road will be seen from a limited number of short- long distance views and will be most pronounced from Longley Farm, the B4228 and the upstairs windows of Yew Tree Cottage. Although a moderate to substantial impact has been recorded, these views are localized and limited in number. It is recognised that the views from Longley Farm are due to deteriorate, regardless of the inclusion of the haul road & weighbridge facilities, with the future permitted extension of the quarry. The views from the B4228 are only associated with a short stretch of the road and the visual receptors will tend to be travelling (users of the road). Although a potential moderate impact is associated with the views from the upstairs windows of Yew Tree Cottage the developer will endeavour to reduce the impact by painting the weighbridge office a muted matt green (or similar) and allowing the surrounding hedgerows to be managed as thick and healthy screens. Also included in Section 8 is an addendum to the Visual Study to assess the visual impact associated with the new road access. It recognises that due to a combination of elevation and alignment of a bend in the road views of the new road access will not be achievable from the nearest residential property (Yew Tree Cottage) and will not generally have a significant impact.

Planning Policy Planning Policy for ancillary development to minerals working is contained in Chapter 9 of the Adopted Gloucestershire Minerals Local Plan. The proposed development accords with Policy DC2 because: • It is directly related to the extraction of the limestone from Stowe Hill Quarry; • The location of the development is in keeping with the character of the

immediate area in which the quarry forms a dominant feature; • In comparison to the existing quarries the elements of the proposed

development are small in scale. The plant area is hidden by the high quarry faces and the proposed bund.

• As demonstrated in this application the development will not have a significant adverse impact on the amenity of the adjacent landuses;

• The life of the development will be limited to that of Stowe Hill Quarry and will not impede its restoration;

• If required the new plant is capable of processing secondary minerals; and

• The proposal accords with all other relevant policies. The erection of the proposed environmental bund adheres to Policy DC3 which covers the importation and use of natural materials such as waste soils and stones. For example:

• There is insufficient indigenous waste from the quarry to erect the bund;

• The bund will be appropriately landscaped and will safeguard local

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amenity by attenuating noise from the processing plant; and

• The imported materials will be used for the creation of a baffle mound.

Conclusions This planning application is made on behalf of Clearwell Quarries Limited

to replace and relocate the stone processing plant, site office, staff facilities and workshop from the worked out Clearwell Quarry into the adjacent operational Stowe Hill Quarry and to erect an environmental bund to attenuate noise. It is also proposed to construct a new haul road and access directly from the quarry onto the B4228 which is an established HGV Route and provide weighbridge and wheel wash facilities.

There are no notable adverse environmental impacts arising from the proposed development. There are however significant environmental benefits which will arise from this development as it enables the replacement of the existing plant with modern “state of the art” energy efficient plant in a more appropriate location with reduced visual impact, provisions for better noise attenuation and a reduction of lorry movements on minor roads; The new plant will not lead to an annual intensification of limestone production. In comparison to the existing plant, the new plant will be more energy efficient. The proposed new haul road takes the majority of quarry traffic away from an unclassified road onto the B4228 which is a recognised HGV route. With the new road access, there will be no change in the number of vehicle movements passing through any of the surrounding towns, such as St Briavels, Lydney etc. The proposal accords with Planning Policy.

Planning Permission should be granted”.

3.0 PLANNING HISTORY 3.1 Quarrying operations have been taking place at the two sites of Clearwell and

Stowe Hill for many years and there are a number of old planning permissions. However, when the quarries came under the same operator a planning permission consolidating the quarrying operations was granted and provides the main planning control at the site. Planning permission, DF/2238/K, was granted on 22nd January 1997 for the consolidation of quarrying operations, including extraction and processing plant, at Stowe Hill and Clearwell quarries. Condition 39 removes the permitted development rights at the quarry in the interests of protecting the environmental amenities of the surrounding area and residential property in the vicinity of the site. Planning permission DF/2238/X, was granted 5th January 2007 for the Extension of Stowe Hill Quarry and Consolidation of the existing Consents.

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3.2 There have been a number of planning permissions granted since the main consolidation permission, these are summarised below in table 1.

3.3 Table 1: Planning Permissions at Stowe Hill and Clearwell Quarry since 1997

Planning Ref

Development Decision & Date

DF/2238/K Consolidation of Mineral Planning Permission Incorporating quarry extension, tunnel, new access, ancillary facilities and landscaping

Approved 22 Jan 1997

DF/2238/L Concrete Block Manufacturing Plant Approved 1 Oct 1997

DF/2238/M Variation of Working Hours Granted on Appeal 5 Jan 1998

DF/2238/N Variation of Annual Output Limit (to 400,000 tpa)

Granted 30 Sept 1997

DF/2238/P Variation of condition to extend commencement date for DF/2238/L

Approved 5 Sept 2000

DF/2238/R Operation of a Mineral drying & Roadstone Plant

Granted 21st May 2002

DF/2238/V Concrete Block Plant and Ancillary Facilities

Granted 28th November 2002

DF/2238/W Concrete Block Plant and Ancillary Facilities

Granted 19th December 2002

DF/2238/Y The development of land without complying with condition 4 of the planning permission DF 2238/R and the variation of condition 4 to amend the hours of operation.

Granted on appeal 9th September 2004

DF/2238/1/A

The development of land (ie. The continued operation of the Coated Roadstone Plant without complying with Condition 1 of the Planning Permission APP/T1600/A/04/1143540 (DF.2238/Y) (which permits the Coated Road stone Plant to start operations at 6.00 am for a trail period of 1 year until 9th September 2005) so that the coated Roadstone Plant many continue operating the extended hours until the cessation of quarrying at Clearwell and Stowe Hill Quarries.

Granted 1st November 2005

DF.2238/1/B

Recycling Facility with associated and ancillary activities

Granted 2nd February 2006

DF/2238/X Extension of Stowe Hill Quarry and Consolidation of the existing Consents

Granted 5th January 2007

05/0097/FDFUL

Recycling Facility with associated storage and ancillary activities.

Granted 2nd February 2006

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08/0027/FDMAJM

Variation of conditions 3 and 8 of planning permission DF.2238/1/A to allow the importation of high polished stone value ("PSV") aggregates for the production of coated roadstone products

Granted 23rd June 2008

09/0016/FDMNRM

Relocation and replacement of the Asphalt Plant.

Granted 14.05.2009

PLANNING POLICY Planning Policy Statement (PPS) 1: Delivering Sustainable Development

4.1 PPS1 encourages Planning Authorities to pursue the enhancement of the environment as part of development proposals. It also states that significant adverse impacts on the environment should be avoided and alternative options, which might reduce or eliminate those impacts, should be pursued. Where adverse impacts are unavoidable, planning authorities and developers should consider possible mitigation measures. Where adequate mitigation measures are not possible, compensatory measures may be appropriate. In line with the UK sustainable development strategy, environmental costs should fall on those who impose them - the "polluter pays" principle.

Planning Policy Statement (PPS) 9: Biodiversity and Geological Conservation

4.2 PPS9 states the aim of planning decisions should be to prevent harm to biodiversity and geological conservation interests. Where granting planning permission would result in significant harm to those interests, local planning authorities will need to be satisfied that the development cannot reasonably be located on any alternatives sites that would result in less or no harm. In the absence of any such alternatives, local planning authorities should ensure that, before planning permission is granted, adequate mitigation measures are put in place. Where a planning decision would result in significant harm to biodiversity and geological interests, which cannot be prevented or adequately mitigated against, appropriate compensation measures should be sought. If significant harm cannot be prevented, adequately mitigated against, or compensated for, then planning permission should be refused.

Mineral Planning Statement (MPS) 1: Planning and Minerals

4.3 MPS1 states that minerals are essential to the nation’s prosperity and quality of life, not least in helping to create and develop sustainable communities. It also mentions that it is essential to ensure that there is an adequate and steady supply of material to provide the infrastructure, buildings and goods that society, industry and the economy needs, but that this provision is made in accordance with the principles of sustainable development.

4.4 MPS1 goes on to state that major mineral developments in Areas of Outstanding Natural Beauty should not be permitted except in exceptional circumstances. The justification is that major mineral developments may have serious impacts on such areas of natural beauty. In addition, such developments would also need to take account of the recreational activities such areas provide and therefore such applications should be subject to the

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most rigorous examination. In addition, applications for major development should be able to demonstrate the need for such proposals, in terms of national considerations of mineral supply and the impact of permitting it, or refusing it, upon the local economy.

4.5 Major mineral development proposals should be demonstrated to be in the public interest before being allowed to proceed, and consideration of such applications should therefore include an assessment of the need for the development and its effect on the local community, the cost of meeting the need for the development in any other way, and any detrimental effect on the environment, landscape and recreational opportunities and the extent to which that could be moderated.

Mineral Planning Statement (MPS) 2: Controlling and Mitigating the Environmental Effects of Minerals Extraction in England

4.6 MPS2 states that Mineral Planning Authorities (MPA) should reflect the objectives of sustainable development in minerals planning (these objectives recognise the potential conflict between exploitation of resources and environmental aims). It suggests that for MPA’s to reconcile such conflicts, they should, amongst other objectives, aim to conserve minerals as far as possible (yet maintaining an adequate supply to meet the needs of society), and ensure environmental impacts caused by mineral operations (and their transportation effects) are kept to an acceptable minimum.

4.7 The MPS also advises that, where appropriate, a proposal should be

accompanied by an Environmental Statement when a development is considered such that it would or could have a significant effect on the environment.

Gloucestershire Minerals Local Plan (MLP) 1997 – 2006 - Adopted April 2003. 4.8 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates that the Adopted Minerals Local Plan’s Development Plan status must be considered. The following ‘saved policies’ are relevant to the proposed development:

Policy DC1: Mineral development will only be permitted where the applicant has demonstrated, to the satisfaction of the MPA in consultation with other relevant pollution control agencies, that any potentially adverse environmental and/or pollution effects are capable of satisfactory control and/or mitigation, or elimination.

Policy DC2: requires ancillary development proposals to: 1. Be directly related to the extraction of the mineral. 2. Its design and location should, as far as practicable, be in keeping with

the character of the surrounding area. 3. It does not have a significantly adverse impact on the amenity of

adjacent land-uses. 4. Its life should be limited to that of the mineral working and where

appropriate, is dismantled in accordance with the restoration proposal.

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5. Where appropriate it should allow for the processing of secondary (waste) minerals.

6. It is in accordance with other policies contained with this plan.

Policy DC2: Ancillary development to proposed or permitted mineral development must satisfy the following requirements that: 1. it is directly related to the extraction of the mineral, 2. its design, size and location should, as far as practicable, be in keeping with the character of the surrounding area,

3. it does not have a significantly adverse impact on the amenity of adjacent landuses,

4. its life should be limited to that of the mineral working and where appropriate, is dismantled in accordance with the restoration proposal,

5. where appropriate it should allow for the processing of secondary (waste) minerals, and

6. it is in accordance with other policies contained in this Plan. Policy E10: In determining proposals for mineral development, the MPA will be guided by the contribution to local biodiversity and where appropriate will seek long-term overall enhancement to local biodiversity through restoration or by other means i.e., by the attachment of conditions or negotiation of planning obligations.

Policy E11 Water Environment – Pollution Control: states that Mineral development which is likely to have a significant negative quantitative and/or qualitative impact on the water environment will not be permitted unless appropriate measures can be imposed to mitigate any harmful effects. Policy E16: states that the contribution or impact that proposals for mineral development are likely to make to the social and economic well being or otherwise of local communities will be a material consideration in assessing their suitability. The proposal not only adds value to the current products produced at the site, but also employs a large number of personnel.

Policy E20: Mineral development will only be permitted when the provision for vehicle movement within the site, the access to the site, and the condition of the local highway network are such that the traffic movements likely to be generated by the development would not result in unacceptable impact on highway safety, the effective operation of the road network, residential amenity or the local environment. In assessing the likely impact of traffic movements, account will be taken of any highway improvements, traffic management or other mitigating measures which may be provided in association with the development.”

Policy E19: Proposed mineral development will not be permitted where the method of transporting minerals will give rise to an unacceptable impact on the local environment. Mineral operators must demonstrate, by a detailed transport appraisal, that the safest and least environmentally damaging

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methods of transporting minerals from extraction/production sites to markets, that are practically achievable, are used.

Policy E20: Mineral development will only be permitted when the provision for vehicle movement within the site, the access to the site, and the condition of the local highway network are such that the traffic movements likely to be generated by the development would not result in unacceptable impact on highway safety, the effective operation of the road network, residential amenity or the local environment. In assessing the likely impact of traffic movements, account will be taken of any highway improvements, traffic management or other mitigating measures which may be provided in association with the development. Policy R1: Proposals for mineral development will only be permitted if they are accompanied by a reclamation scheme that provides for the following matters to be taken into account: 1. the site will be operated to ensure that the proposed reclamation scheme

will be successful; 2. waste materials arising from the extraction of minerals on site are utilised

to restore the site; 3. the restoration is completed at the earliest opportunity and, where

practicable, progressive restoration is carried out; 4. other measures to minimise the disturbance to adjacent land-uses are

included; 5. harm arising from traffic generated by the reclamation is minimised; 6. the surrounding topography is considered to ensure that the site is

sensitively reclaimed in keeping with the character of the local area; 7. where appropriate, measures to protect local, regional and national sites of

acknowledged importance are included; and 8. the reclamation of the site provides for environmental and landscape

enhancement as guided by Policy R2 of this Plan.”

Policy R2, After Use: Mineral operators will be required to facilitate realistic proposals for after use as part of the reclamation scheme, with all after use proposals being acceptable in terms of traffic impact, both on the highways and on local community.

Policy A3: Proposed aggregate mineral working within the Preferred Areas defined in this Plan will be permitted only where: 1. they contribute to maintaining the County’s appropriate contribution to local, regional and national aggregate needs including the maintenance of a land bank in accordance with Policy A2; 2. and the application satisfactorily fulfils the requirements of the Proposals for that Preferred Area as identified with the Inset Maps; 3. and they are in accordance with all other policies of this plan, in particular policies relating to Environment, Reclamation and Development Control.”

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Policy A5: Additional land for aggregates mineral working in the Forest of Dean to meet future Crushed Rock requirements of this Plan are identified as Preferred Areas at: East of Stowe Hill / Clearwell Quarry; And North and East of Stowfield Quarry.

Gloucestershire Waste Local Plan 2002 – 2012 (Adopted October 2004) (GCC WLP)

4.9 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates that the Adopted Waste Local Plan’s Development Plan status must be considered. The Gloucestershire Waste Local Plan was adopted in October 2004. However, following the Secretary of State for Communities and Local Government’s Direction (dated 5 October 2007) the following WLP policies are ‘saved’ until replaced by Development Plan Documents contained in the Waste Development Framework:

Policy 37: Proposals for waste development will be determined taking into account such matters as the effect on the environment, occupants’ and users’ amenity and health, the countryside, the traditional landscape character of Gloucestershire, the local highway network, any hazardous installation or substance and any adverse cumulative effect in combination with other development in the area, where appropriate, suitable ameliorative measures shall be incorporated in the proposals to mitigate, attenuate and control noise, dust, litter, odour, landfill gas, vermin, leachate and flue emissions.

Policy 40: Proposals for waste development will only be permitted where the site access and the adjacent highway network can safely accommodate the traffic associated with the development, or where the required highway improvements would not cause unacceptable harm to the local environment. A transport assessment will be required to address the traffic generation of the proposed development and its impact on the local road network.

Gloucestershire Structure Plan Second Review 2011 4.10 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates

that the Adopted Structure Plan’s Development Plan status must be considered. The following policies are ‘saved’ under the transitional arrangements and are relevant to the proposed development:

Policy M.3: In making provision for the supply of minerals, and taking into account national and regional guidance, the appropriate degree of protection must be afforded to: (a) Internationally, nationally, regionally and locally important areas of landscape, nature conservation, archaeological interest; and (b) Important natural resources including agricultural land and the water- based environment.

Policy - M.4 Indicates that the provision for mineral working must ensure that:

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(a) The amenity of local communities and access to the countryside is safeguarded and wherever possible enhanced;

(b) Pollution of land, water and air is prevented.

Policy - M.5 Provision for mineral development must use a method of transporting minerals from extraction/production sites to markets that has the least environmental impact including alternatives to road transport, unless shown to be impracticable or not economically feasible. Policy M.7: Provision will be made to maintain an appropriate contribution to local, regional and national aggregate needs, together with an appropriate landbank, consistent with national and regional guidelines, including the principles of sustainable development. Policy M.9: Provision will be made for the supply of limestone and sandstone for natural building stone where needs for local stone cannot be met by existing mineral workings and full account has been taken of all environmental factors. Policy S.6: In providing for development the following aspects of the environment which contribute to local character and distinctiveness should be safeguarded and wherever possible enhanced: (a) the quality of the landscape; (b) the setting of the settlements and buildings within the landscape; (c) the quality of the built and historic environment; (d) the sites and landscapes of archaeological and historic value; (e) the distinctive wildlife and habitats; (f) the special qualities of rivers, canals and other water courses and features. Policy S.7: In providing for development the quality of the County’s environment should be maintained and enhanced by the following: (a) high standards of design; (b) urban regeneration, conservation and townscape enhancement; (c) traffic management; and (d) the retention and provision of open space.” Policy T.11: Heavy lorries will be encouraged to use appropriate routes, and measures will be introduced to prevent such lorries from using unsuitable roads. NHE.2: Development will be required to protect and, wherever possible, enhance the biodiversity, including wildlife and habitats, of the County. SSSI’s and NNR’s will be protected from development, which would have a significant effect on their nature conservation interests. Local Plans should identify:

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(a) sites of nature conservation importance including un-fragmented and linear features such as small woods, traditional field boundaries, ponds and disused railways which act as wildlife corridors or stepping stones; and (b) appropriate targets for the enhancement of biodiversity.

Gloucestershire Structure Plan Third Alteration (Unadopted) incorporating Proposed Modifications (July 2004) and Proposed Second Modifications (January 2005).

4.11 The Third Alteration had an Examination in Public in November/December 2003. Two sets of Proposed Modifications have been produced. In April 2005 a Secretary of State Direction was issued on the Plan. Due to this Direction, the Plan remains held in abeyance and will not be forwarded to adoption. However the policies of the Third Alteration still remain as material considerations in the determination of planning applications. The policies not cited in the Direction have more weight as material considerations.

4.12 The following policies are material considerations in respect of determining

the proposed development:

• Policy MR.1 – maintaining and enhancing local character and distinctiveness; • Policy MR.4 – protect and where possible enhance the biodiversity, including wildlife habitats, of the County; • Policy MR.13 – supply of minerals (remains unchanged from Policy M.1 of the GCC SP); • Policy MR.16 – states that provision for mineral working will ensure local amenity is protected and enhanced, and that worked out land is reclaimed to a state suitable for environmentally beneficial after uses; • Policy MR.17 – mineral transportation (remains unchanged from Policy M.5 of the GCC SP); • Policy MR.19 – supply of aggregates (remains unchanged from Policy M.6 of the GCC SP).

• Policy MR.9 - Development will only be permitted where it will not result in unacceptable air, noise, water or light pollution or land contamination.

The Forest of Dean District Local Plan Review Adopted November 2005 4.13 The District Local Plan adopted November 2005 sets out policies and

proposals to guide development in the Forest of Dean up to 2011.

Policy (R) FT.2 Site Development Requirements

Policy (R)FNE.1: In order to protect the open countryside development will be strictly controlled

and will only be permitted where the development:

1. Will not result in the unacceptable loss of the best and most versatile agricultural land, or woodland;

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2. Will not create amenity problems for adjoining or nearby land users; 3. Will not result in development of a scale, form, design or appearance that would be visually intrusive or detrimental to the character and appearance of the area; 4. Will not result in an unacceptable impact on the biodiversity of the area or on sites or features of archaeological or historic importance; 5. Will not create unacceptable traffic generation or highway safety problems; 6. Makes appropriate provision for access; 7. Makes provision for a high standard of landscaping and screening to assimilate the development into its surroundings; 8. Ensures that adequate services exist, or are reasonably accessible, or can be readily and economically provided.

Policy (R)FNE.2 - Conservation and Enhancement of Landscape Proposals for development will be expected to conserve, and where appropriate enhance, the key characteristics of their surroundings with respect to the natural and historic landscape, wildlife and natural features. R)FNE.3 - Protection of Important Natural Features

Proposals for new development will be required to retain or enhance important natural features. These include ponds, river valleys, watercourses, hedgerows and trees. Where appropriate the submission of a landscaping scheme will be required with the planning application to show how this will be achieved. Where the loss of some natural feature is unavoidable, and its loss is not so severe in itself as to render the proposal unacceptable, replacement features of an at least comparable standard will be required as part of the development proposal.

R)FNE.10 - Features of Habitat Interest Proposals for development will be required to minimise the loss or significant damage to features of habitat interest. Where development is permitted which would adversely affect features of habitat interest the permission will be conditional upon securing appropriate arrangements for the necessary creation or retention and the management of the habitats concerned. Features of habitat interest include heathland, hedgerows, woodland, unimproved grass land, marshes, water courses and their flood plains, ponds, parks, disused quarries, natural rock outcrops, and green lanes and wildlife corridors which because of their linear structure are important for the migration, dispersal or genetic exchange of wild flora and fauna.

5.0 REPRESENTATIONS 5.1 The proposal was advertised by two site notices that were posted on 8th

February 2010 and by an advertisement in The Forester on 21st January 2010. 23 consultation letters were sent to the residents and businesses near to the site to notify them about the application.

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5.2 In response to these consultations 4 letters of objection have been received. Copies of the letters are available on the planning file and available to Members. A summary of these objections are as follows:

5.3 The proposed access road will be visually intrusive to the AONB. There will be notices at the entrance and it will industrialise a rural stretch of road and that the existing road is perfectly adequate. There could be an increase in dust and noise to nearby residents if adequate conditions are not in place to protect their amenity. The roads leading to the proposed site are unsuitable for HGV vehicles.

6.0 CONSULTATIONS 6.1 Forest of Dean District Council has objected to the proposal on the following

grounds: “I refer to your consultation letter received on the 15 January 2010 concerning the above development .The Forest of Dean District Council has now had the opportunity to consider the proposal and objects to the development, the reasons for the objection can summarised as: The District Council raises an objection to the development, as the submitted scheme in terms of the landscape impact of the road and weigh bridge are unacceptable as no justification for their need has been provided and an appropriate level of assessment has not supported their impact upon the landscape. The development is also considered to affect the biodiversity in the area and no assessment has been made of this, especially when a pond is within about 50 m of the proposed road. Therefore the proposals are contrary to government guidance in PPS7 and PPS9and the proposals are also non compliant with local plan policies (R)FNE 1,2,3 & 10 of the District Local Plan. THE PROPOSAL

This County Planning consultation seeks the Councils Views on the following developments at Clearwell and Stow Hill Quarries near St Brievels. 1) The phased relocation and replacement of the existing stone processing plant, office, staff facilities and workshops from Clearwell Quarry to Stow Hill Quarry. 2) The erection of a noise abatement bund at Stow Hill Quarry 3) A new haul road and road access onto the B4228 and associated weighbridge and wheel wash facilities. 4) Non compliance and variation of condition 2,45, and 48 attached to planning permission DF/2238/X issued by the County Council on the 5th January 2007 which allowed the extension to Stow Hill Quarry. The variation will allow the applicants to amend the plans for the restoration quarry to take account of the above.

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SITE DESCRIPTION The site lies outside the Local Plans defined settlement boundary, within the parish of Newland. It is located in the open countryside with some dwellings and a public house nearby. The road leading to the site is class 3. The two quarries are linked via a tunnel. Despite the fact that the site is within a rural landscape the quarry itself adopts a lunar type landscape which is not visible from the wider area as the majority of the work takes place in large holes in the ground. CONSULTATIONS AND NOTIFICATIONS Sustainability and Landscape Objects to the development, but have split their comments up into the constituent elements of the scheme. Relocation of plant No Comment Environmental Bund Tree planting specifications, mix and spacing’s are provided for the construction and planting of the Environmental Bund within Appendix 4, details regarding the management of the trees has also been provided. All of these details are considered acceptable. Landscape It is disappointing that previous comments on the impacts of this part of the application have not informed the proposals. Justification of need. There is no justification on the need for the haul road other than it will take HGVs off the unclassified road currently used at present. At the time of the application for the quarry the unclassified road was considered adequate (with improvements) for the operation. The current application makes no change to the rate or quantity of quarrying and therefore there is no justification for the haul road. Survey Standard The survey is not to an acceptable standard and therefore as it stands can be considered unsound. The landscape character assessment for the district nor the adopted landscape SPD have been used or followed as part of the assessment. Assessment The potential landscape impact of the haul road and weighbridge facilities is significant. The use of hard surfacing is not in keeping with the existing landscape. Additionally there are no landscape proposals submitted for the haul road or weighbridge facilities.

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Overall the construction of the haul road and weighbridge facilities would alter the character of the area extensively. The haul road adds significant landscape harm as showed on the ZVI plans for no apparent benefit (see justification above). The assessment acknowledges there will be moderate to substantial adverse impact. There is additional negative impact in the Wye Valley AONB which is not referred to in the assessment. The proposed access to the haul road includes the translocation of the hedgerow. The appearance of this roadside hedgerow would change significantly as a result of the haul road construction. Biodiversity Survey Standard The survey is not to an acceptable standard and therefore as it stands can be considered unsound. There appear to have been no species assessment for the area (such as a data search with the biological records centre). There has been no consideration of protected sites, the most notable of which is an adjacent wildlife site. Furthermore there appears to be at least one pond within 50m of the proposed haul road connected by hedgerow to a significant woodland which has not been surveyed or considered. Summary Evidence demonstrates that proposals are contrary to government guidance in PPS7 and PPS9. Proposals are also non compliant with local plan policies (R)FNE 1,2,3 &10 The Environmental Health Officer made no objection EVALUATION The following issues are considered relevant in determining this application:

∗ Principle of development

∗ Residential Amenity PRINCIPLE OF DEVELOPMENT The application is seeking to move a number of pieces of plant and associated buildings from one quarry to a neighbouring quarry which are effectively one quarry complex. Consent exists for extraction to be carried out on the site until 2024 so there are another 14 years worth of mining to take place on the site. Thus the principle of allowing mining on the site has been established. The Clearwell part of the site has been exhausted and extraction will move to Stow Hill in the near future. Therefore the plant that is on the Clearwell site needs to be moved to the Stow Hill site. The plant in question is large and industrial in nature and is typical of quarry equipment. The main plant is

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presently located in the lowest part of the site in order to minimise noise. The proposed location for the plant is also at the low point on the Stow Hill site so noise will be contained. In order to help with this a bund 30m high from quarry floor to top of the bund is proposed on the North western boundary of the site. This bund will be 6 higher than the roads near the site, although this appears quite high, it is no higher than some of the contours in the surrounding landscape, and therefore blends in with the overall appearance of the area. This opinion is supported by the landscape section who raise no objection to this element of the proposal. Which is the side closest to the residential properties not linked to this development. The noise impact of this development have been looked at by the Councils EHO who consider that the proposal will not produce an unacceptable level of noise or dust emissions. Thus the relocation of plant and associated buildings will not impact upon the residential amenities of surrounding properties. Given that the Clearwell site has been exhausted then the restoration of this part of the site now has to be undertaken. Thus plans have been submitted outlining how this will be done. Thus once the plant has been relocated then this can take place. The plans submitted indicate that the landscape will be altered for the better and returned to a more rural appearance. Thus subject to appropriate conditions covering the timing and implementation of the restoration scheme then the changes to conditions are considered acceptable. In terms of the new access road the council has reservations over this as the access road, is not supported by any justification other than it will take HGV off a unclassified road presently used. At the time of the application for the quarry the unclassified road was considered adequate (with improvements) for the operation. The current application makes no change to the rate or quantity of quarrying and therefore there is no justification for the haul road. Whilst the potential landscape impact of the haul road and weighbridge facilities is significant. The haul road adds significant landscape harm as showed on the ZVI plans for no apparent benefit. The use of hard surfacing is not in keeping with the existing landscape. Additionally there are no landscape proposals submitted for the haul road or weighbridge facilities. Thus overall the construction of the haul road and weighbridge facilities would alter the character of the area extensively. There is additional negative impact in the Wye Valley AONB which is not referred to in the assessment. Whilst in terms of the biodiversity impact of the development, the submitted survey is not to an acceptable standard and therefore as it stands can be considered unsound. There appear to have been no species assessment for the area (such as a data search with the biological records centre). There has been no consideration of protected sites, the most notable of which is an adjacent wildlife site. Furthermore there appears to be at least one pond within 50m of the proposed haul road connected by hedgerow to significant woodland, which has not been surveyed or considered. Therefore the development as submitted is unacceptable as the landscape impact of the road and weighbridge are unacceptable as no justification for their need has been provided and an appropriate level of assessment has not supported their impact upon the landscape. Therefore the proposals are

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contrary to government guidance in PPS7 and PPS9and the proposals are also non compliant with local plan policies (R)FNE 1, 2,3 &10. RECOMMENDATION: The District Council raises an objection to the development, as the submitted scheme is unacceptable as the landscape impact of the road and weighbridge are unacceptable as no justification for their need has been provided and an appropriate level of assessment has not supported their impact upon the landscape. The development is also considered to affect the biodiversity in the area and no assessment has been made of this, especially when a pond is within about 50 m of the proposed road. Therefore the proposals are contrary to government guidance in PPS7 and PPS9and the proposals are also non compliant with local plan policies (R)FNE 1, 2,3 & 10. RECOMMENDATION: Objections raised”

6.2 Newlands Parish Council makes no objection to the proposal. 6.3 Environment Agency has made no objection to the proposal and makes the

following comments:

“We have no objections, in principle, to the proposed development but wish to make the following comments: Restoration and Ecological Protection We understand that Natural England is satisfied with the proposals. Given the presence of SSSI at this location, we consider it appropriate that Natural England have led on this issue and have no comments to make on this matter for planning purposes. Waste and Environmental Permitting – Haul Road and environmental bund We note the proposals for the new haul road and environmental bund. The following advice may assist the applicant with regards to waste and Environmental Permitting matters: If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the operator wishes more specific advice they will need to contact our national permitting team on 08708 506 506 or look at available guidance on our website www.environment-agency.gov.uk/subjects/waste/ The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an

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appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from us. (Paragraph 9 Exemption )

As part of any Permit or Exemption, the application will need to demonstrate that only strictly inert, uncontaminated materials are used in the creation of the proposed bund or haul road. The site is located on major aquifer therefore protection of groundwater is important and the requirement to use appropriate waste material is necessary to protect groundwater. Accordingly it may be necessary for the applicant to submit a method statement describing how material will be sourced and tested prior to importation to site as part of their Environmental Permit/Exemption. This is not deemed necessary for the planning application given that the proposals in the submitted documentation indicate that inert materials are to be used”. 6.4 Natural England has made no objection to the proposal and makes the

following comments: “The application site Slade Brook Site of Special Scientific Interest (SSSI). This reply comprises our statutory consultation response under the provisions of Article 10 of the Town and Country Planning (General Development Procedure) Order and Section 28 of the Wildlife and Countryside Act 1981 Natural England is an organisation which has been established under the Natural Environment and Rural Communities Act 2006. It has been formed by bringing together English Nature and parts of the Rural Development Service and the Countryside Agency. Natural England has been charged with the responsibility to ensure that England’s unique natural environment including its flora and fauna, land and seascapes, geology and soils are protected and improved. Natural England’s purpose as outlined in the Act is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development The Act reflects guidance in planning policies PPS 1, 7 and 9, with an emphasis on the protection and enhancement of biodiversity, geodiversity, natural habitats and landscape. Your minerals policies should reflect and guide ongoing protection and monitoring of Clearwell Quarry and the Slade Brook SSSI. The Environmental Assessment Feb 2010 prepared by RPS Group states and recommends ongoing monitoring and also further development of long term monitoring strategy for Slade Brook and for the waters in Stowe Hill Quarry and at our meeting on 25th February 2010 with the site manager, and it was also agreed to add a condition for the continuation of the Section 106 Agreement via a Unilateral Agreement to achieve monitoring will be kept under constant review for the whole site operation. The monitoring programme described in the Feb 2010 report provides for continuation of the

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monitoring and also that the results are reported on regularly, together with conditions to ensure the epikarst recreation and contouring scheme continues. We consider there is need for an agreement on a revised water management plan, as the plan provided by RPS on the 1st April, appears to exclude the Stowe Hill extension and interrelationships of the proposals of the application, and it appears the document was not dated at the time. Given it also refers to control of pollution and management of surface water, this appears to be a key document and part of a suite of documents required for planning permission,. I trust this can be clarified? Our agreement to the proposals is subject to the protection and monitoring, the continuation of epikarst recreation and contouring scheme, and a revised water management plan. We note that the bund will contain inert material and be dressed with calcareous grass of local provenance, and every effort has been made to limit the landscape impacts of the proposals, including the new access road. We ask that your Council attaches weight to comments from the County Ecologist, as well as the Environment Agency. The duty to conserve biodiversity is also included in section 40 of the Natural Environment and Rural Communities Act 2006, and specifies that conserving biodiversity includes “restoring or enhancing a population or habitat”.

7.0 PLANNING OBSERVATIONS 7.1 Archaeology Representative has made no objection to the proposal and

makes the following comments:

“I advise that Stowe Hill Quarry and its locality is archaeologically sensitive. Archaeological investigation was undertaken at the quarry in 2009 (the work secured as a condition planning permission), and this revealed an extensive area of iron working dating to the Anglo-Saxon period. The activity was represented by numerous features including smelting furnaces, ore-roasting pits, and charcoal clamps. In the context of the importance of the Forest of Dean area for early iron working, this activity is a highly important find. I note that much of the proposed development will be undertaken within the previously quarried area, where no archaeological remains will be present. However, the proposed construction of the new access is in area which has not previously been quarried, and where archaeological remains may therefore be present. In view of the archaeological potential of the proposed access area I recommend that a programme of archaeological mitigation should be

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undertaken so as to record any archaeological remains affected by its construction. In order to facilitate this I recommend that a condition based on model condition 55 from Circular 11/95 is attached to any planning permission which may be given for this development, i.e.; ‘No development shall take place within the application site until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority’. Reason: to secure recording of any archaeological remains which may be affected by the development. I would be pleased to provide the applicant on request with a brief confirming the scope of the archaeological mitigation work”.

7.2 County Highways Representative has made no objection to the proposal and

made the following comments:

“I recommend that no highway objection be raised subject to the following conditions being attached to any permission granted:-

Prior to relocation of the stone processing plant, office, staff facilities and

workshop to Stowe Hill Quarry the proposed vehicular access shall be laid out and constructed in accordance with the submitted details and thereafter similarly maintained.

REASON: To ensure a satisfactory means of access is provided and

maintained in the interests of highway safety. Before the access is brought into use provision shall be made within the site

for the disposal of surface water from the haul road in accordance with details to be submitted to and agreed in writing by the Local Planning Authority and the works as approved shall thereafter be similarly maintained.

REASON: To ensure that surface water does not discharge onto the highway,

in the interests of highway safety. Prior to the use of the new access vehicle wheel cleaning facilities shall be provided on site in accordance with details to be submitted to and approved by the Local Planning Authority, and thereafter be maintained for the duration of the use of the access. REASON: To ensure that mud and earth deposits are not brought onto the public highway in the interests of highway safety. The surfacing of the site access shown on plan 09/258/TR/003 B and detailed in the supporting statement shall be maintained in a good state of repair and

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kept clean and free of mud and other debris at all times until the completion of site restoration and aftercare. REASON: In the interests of highway safety and safeguarding the local environment. No loaded lorries shall leave the site unsheeted except those only carrying stone in excess of 500mm. REASON: In the interests of highway safety. NOTE: The Local Highway Authority will require the developer to enter into a legally binding agreement to secure the proper implementation of the proposed highway works including an appropriate bond. NOTE: In the interests of highway safety, the public footpath must not be obstructed or encroached upon, the surface damaged or made dangerous during or after works. NOTE: The site is affected by a Public Right of Way and the applicant is advised to contact the Director of Environment, Shire Hall, Gloucester, by telephoning 01452 425595 NOTE: The Public Right of Way affecting the site must be dealt with under Section 257 of the Town and Country Planning Act 1990 in consultation with the Local Highway Authority”.

7.3 The County Council’s Landscape Consultant made no objections to the application but made the following comments:

• The Haul road - Whilst I appreciate the need not to locate the road within the RPA of the existing woodland trees and to avoid unnecessary felling of the trees within the field it does appear from the plans and my site visit that the road could be located closer to the wood. This would have two distinct benefits – 1) it would reduce the visual impact of vehicles moving on the haul road, setting them against the wood as a backdrop and, 2) it will reduce the severance of agricultural land, maintaining larger field sizes and reducing potential pressure for consequential removal of the hedgerows to the east of the road.

• I understand from our discussion today that because of the redline issues this cannot be moved. As such, having considered the detail again I would suggest that the road will be a better ‘fit’ in the landscape if it is left un- screened i.e. appears as an agricultural track through fields.

• Hedgerow translation - This is not always successful and should be seen as the option of last resort. As such the specific item should be conditioned to provide for the replacement with new hedge planting of

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any section or sections which die or fail to thrive for the life of the Quarry.

• Sections through the new bund - I would like to see proposals for these bunds to be constructed to a method that allows as early as possible final restoration landscape seeding and planting to be achieved on the northern faces of the bund. This to minimise visual impact to the road and adjacent properties. The submission of a detailed landscape plan that includes more planting to the bunds on the Stowfield Quarry side should be conditioned.

• If there is scope to accelerate transfer to Stow Hill and complete Clearwell restoration?

• Details of footpath crossing should be conditioned

• Revise plant replacement condition to 5 years, not 3, and with an end of period review to agree alternative or remediation if scheme as a whole is not working.

• I would recommend that, as noted in 3.8 of the supporting statement, details of location, design and materials for the relocated office, workshop and staff facilities are conditioned.

• Notwithstanding the construction of the new haul road, there will remain a number of vehicle movements associated with the importation of material for the restoration of Clearwell Quarry and the construction of the bunds at Stow Hill quarry as well as the restoration of the quarry. 5.14 and 5.16 in particular refer. In terms of the visual impact of these vehicle movements on the minor roads currently used it would be helpful if, possibly by condition, these movements could be restricted to the minimum by ensuring the 80% - 90% of vehicles that import fill to Clearwell Quarry do, as suggested, leave the area via the new haul road and that vehicles importing material for the new bund do not arrive or exit via the existing site access.

• Generally the landscape conditions to DF/2238/X should be applied subject to being updated to reflect the revised phasing and restoration detail. Revised planting plans and schedules will be required.

7.4 Ecology have made no objections to the application but made the following comments: “Both applications have implications for compliance with Condition 54 of DF/2238/X of January 2007 which demands the ‘Summary of Ecological Impacts, Mitigation and Enhancement Measures’ is regularly reviewed. There is a similar implication for another summary document entitled ‘Predicted Biodiversity Gains from Restoration of Land within the Stowe Quarry Extension’ which was requested to inform the decision of consent DF/2238/X. If these applications are to be consented then the two documents referred to here must be updated to reflect the development changes. These should be submitted as soon as possible and before the applications are determined. The required revisions to the documents produced by Clearwell Quarries Ltd. would not be many and so is not an onerous task.

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As said in my earlier memo dated 3rd November 2009 to you Natural England need to be consulted on application 09/0072 with special reference to the geological SSSI named Slade Brook. The consented application for extraction at the Stowe Hill extension involves maintaining a wetland sump area to attenuate/maintain subterranean water flows and quality leading towards Slade Brook SSSI. A monitoring scheme is in place to ensure that potential impact on the tufa features of the SSSI is detected and appropriate action taken. Direct reference to this is not made in the application. The proposed site plan shows that the wetland sump area will remain unchanged but the creation of a bund may produce some minor changes on the drainage characteristics of the Stowe Hill quarry site. Information on this issue needs to be submitted to accompany the current applications and passed on to Natural England for comment. The proposals will involve the changes to the restoration schemes at both Clearwell and the Stowe Hill Quarry sites (see drawings 892/PL4 & C29.L/6E). In summary there will be: 1. changes in the distribution of habitats including woodland and calcareous (limestone) grassland at Clearwell Quarry

2. an increase in extent and number of waterbodies/features at Clearwell Quarry

3. creation of a bund and an increase of calcareous (limestone) grassland and wetland feature extent created at Stowe Hill Quarry.

Overall the revised restoration concepts at both quarries will produce an enhancement for biodiversity over the existing consented concepts. So in relation to Minerals Local Plan Policy E10 this would be a beneficial change and should be accepted. An ecological advice note (report - dated 10th July 2009) has been submitted in connection with the new haul road and new access on to the B4428. It concludes that there are certain and potential impacts on hedgerows, trees, bats and nesting birds. Section 4 of the ecological report gives recommended mitigation measures that are appropriate to conserve biodiversity in the medium to long-term. A consolidated and updated scheme is needed to cover this and existing tree, shrub and hedgerow mitigation, planting and aftercare. This scheme should be conditioned to be based on the ecological report’s recommendations and to include some hedgerow enhancements including diversifying the tree and shrub species present at Stowe Hill. The scheme submitted for the bund would need to be included in this as would the general approach for all such measures across the two quarry sites. Further enhancement of the haul route corridor will follow on (new woodland and wetland) as the general restoration scheme is implemented in future years. The non-compliance and variations of the conditions proposed (09/0073/FDMAJM) is a mechanism whereby the changes to the currently approved restoration details can be adopted. The changes to the wording of conditions 2, 45 & 48 can be accepted as submitted. Recommendations Pre-determination

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Clearwell Quarries Ltd. documents entitled ‘Summary of Ecological Impacts, Mitigation and Enhancement Measures’ AND ‘Predicted Biodiversity Gains from Restoration of Land within the Stowe Quarry Extension’ connected with existing consent DF/2238/X need to be updated to reflect the changes being sought in these new applications. The existing documents are available from me but as scanned pdfs only. I look forward to receiving these revised documents soon. As part of any consent granted Subject to the above revised documents being submitted these applications could be granted subject to the items I refer to below. I will leave it to you to determine if these items should be part of both or just one of the consents (if granted): 1. We should agree to revised conditions 2 and 45 as submitted by the applicant which covers the revised restoration concept schemes.

2. Condition: We need to consolidate some previous details and documents and a new scheme document bringing everything together is needed to avoid confusion. I agree to a revised condition 48 but this should read something similar to: A Hedgerow, Tree and Shrub Mitigation, Planting and Aftercare Scheme based on the Ecological Advice Note dated 10th July 2009 (Section 4) and the ‘Bund Tree Planting Scheme’ [REF?] shall be submitted to and approved by the Minerals Planning Authority within 6 months of the commencement of the development. The scheme shall cover: (i) Clearwell Quarry (depicted by drawing 892/PL4) (ii) Stowe Hill Quarry and extension (depicted by drawing C29.L/6E) The Scheme shall be carried out as approved, unless otherwise approved in writing by the Minerals Planning Authority. Reason: To conserve and enhance features of recognised importance for landscape and wildlife.

A condition to cover potential impact on nesting birds is required as follows: No tree or shrub or hedge removal shall take place between 1st March and 31st August inclusive unless a survey to assess the nesting bird activity on the site during this period has been undertaken and a method of working to protect any nesting bird interest found established and then implemented. Reason: to ensure that wild birds building or using their nests are protected 3. Advice Note - In relation to the County Council’s Service Level Agreement with the Local Biological Records Centre and to assist in the strategic conservation of countywide biodiversity, all species and

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habitat records from the ‘Ecological Advice Note’ dated 10th July 2009 should be copied [preferably in electronic format] to the Gloucestershire Centre for Environmental Records (GCER).

These recommendations are in accordance with PPS9, the Local Minerals Plan and the County Council’s general duty to conserve biodiversity (NERC Act)”.

7.5 Minerals & waste policy have made no objection to the application but have made the following comments: “General Comments As the application involves both ancillary development to mineral extraction and importation of inert materials then policies from both the minerals and waste local plans are applicable. Some or all of the proposed area is above a major aquifer, close to a key wildlife site, adjacent to the AONB, potentially affects a PROW and will have an impact upon the highways network. Therefore, such aspects of the proposal including highways, ecology, noise, landscape, PROW and hydrology, require detailed input from appropriate technical consultees and their comments will be necessary to ensure that the proposal is in accordance with the relevant policies (listed below). The applicant has stated that there will be no increase in the annual outputs of the quarry and no increase to the end date. However, the applicant also states that approximately 500,000 tonnes of stone will be extracted to construct the void for the plant area. It is not clear whether this 500,000 tonnes is already permitted or if the 500,000 tonnes will be above what is already permitted. This needs to be clarified by the applicant. The applicant refers to various tonnages of imported materials relating to phased restoration on page 6 of the supporting statement. With the exception of the 300,000 tonnes required for the environmental bund, it is not clear whether these tonnages are included in what is already permitted, or will be required over and above the existing permissions. This needs to be clarified by the applicant. The applicant has not really given much real indication as to why this relocation is required. Although the reason behind any proposal are matters for an applicant, the MPA does need to know what the justification is. For example is the relocation and new access viewed as a gain for operational and amenity reasons, and also to facilitate restoration of the old Clearwell Quarry? Some indication of where this proposal fits in with the operator’s future strategy and intentions for this quarry would be useful for the decision makers.

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Minerals Local Plan Saved policies which may be of particular relevance when determining these applications Policy E8 – Regionally and Locally Important Designated Sites Policy E10 - National, Regional and Local Biodiversity Policy E11 - Protection of the Water Environment Policy E16 - Economic Development Policy E17 - Safeguarding Public Access Policy E18 - Opportunities for Improved Access Policy E20 - Highways Policy R1 – Beneficial Reclamation of Worked Out Mineral Sites Policy DC1 - Mitigation of Environmental Effects Policy DC2 - Ancillary Development Policy DC3 - Importation of Material Policy DC5 - Planning Obligations Possibly A1, A2, A3 and A5 subject to whether there are new reserves as part of this proposal Waste Local Plan Saved policies which may be of particular relevance when determining these applications Policy 12 – Inert Recovery & Recycling Policy 24 – Locally Designated Sites for Nature Conservation Policy 33 – Water Resources – Pollution Control Policy 36 – Waste Minimisation Policy 37 – Proximity to Other Land Uses Policy 38 – Hours of Operation Policy 40 – Traffic Policy 41 – Public Rights of Way Policy 42 – Reinstatement Policy 45 – Planning Obligations Policies that have not been saved, but may be of material consideration when determining this application As the site is not within the AONB, but adjacent to, it is not clear from the application whether the proposal will have an impact on the setting. Therefore the case officer needs to determine whether this policy is relevant. Policy 26 – Areas of Outstanding Natural Beauty (The secretary of state did not save this policy because it contained references to BPEO. However, GCC did request for this policy to be saved and the reasons given were “Although this policy does provide a degree of repetition of PPS7, it has been highlighted as a ‘necessary’ policy from stakeholder responses on the WCS I&O consultation”.)

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Relevant National Policy Minerals Policy Statement 1 (MPS1) Planning and Minerals and accompanying Practice Guide Minerals Policy Statement 2 (MPS2) Controlling and mitigating the environmental effects of mineral extraction in England and its two Annexes relating to Dust and Noise. Minerals Planning Guidance 2: Applications, permissions and conditions Minerals Planning Guidance 7: Reclamation of mineral workingsPlanning

Policy Statement 9: Biodiversity and Geological Conservation (PPS9)

Planning Policy Statement 10 Planning for Sustainable Waste Management

Conclusion In summary of above

• The main principles of both minerals extraction and waste importation were established when the original application was determined. It is not clear from the application what the exact changes in tonnages for both minerals and waste (if any changes) are involved. This needs to be clarified by the applicant and the details need to be balanced against any potential adverse affects caused by any changes. Highways comments will be particularly relevant to this.

• There are a lot of environmental considerations related to the application which require specialist technical input to determine if the application is in accordance with national policy and the saved policies of the minerals and waste local plans.

• The applicant should provide a clear justification on the purpose of this proposal in relation to the current operations and in the context of the future strategy for the quarry.

Provided that the case officer (and other consultees where appropriate) are satisfied that the all the issues highlighted above have been adequately addressed by the applicant, then it is likely that the application will be in accordance with the saved policies of the Minerals Local Plan and Waste Local Plan and with relevant national policy”.

Planning 7.6 The proposal is for the phased replacement and relocation of the stone

processing plant, office, staff facilities and workshop from Clearwell Quarry (Clearwell) into Stowe Hill Quarry (Stowe Hill) with the erection of an environmental bund to attenuate noise and the construction of a new haul road and access with weighbridge and wheel washing equipment.

7.7 The haul road access will lead from Stowe Hill onto the B4228, which is an

established HGV Route and will have a weighbridge and wheel wash facility.

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Quarry operation 7.8 Currently Limestone is extracted from Stowe Hill and crushed on site. It is

then transported to Clearwell on a conveyor through a tunnel that travels under the unclassified road to its plant machinery where it is processed into limestone products, stored, and sold.

Reasons for Proposal

7.9 It is the intention of the applicant to relocate its plant area into Stowe Hill from Clearwell in order to advance the progressive restoration of Clearwell, replace the aging inefficient plant, reduce the impact of noise and dust to its nearest neighbours, construct a purpose built haul road and access that will take traffic away from the unclassified road it currently uses and ultimately have its plant machinery located in the same quarry as its extraction making the extraction of stone and processing more efficient and cost effective. The Relocation of the Plant

7.10 At present the current screening/bins located in Clearwell are enclosed within a building that can be partially seen from beyond the boundary of the quarry. The relocation of the plant from Clearwell to Stowe Hill will result in this building being demolished reducing the visual impact of Clearwell on its surrounding environment.

7.11 The applicant is proposing to replace its aging existing plant machinery with new plant and relocate it into a newly extracted void in the ground of Stowe Hill in order to locate the plant below existing ground levels with an environmental bund being constructed to help attenuate noise levels. The bund will also help to screen the processing plant from beyond the boundary of the quarry and act as a screening bund to restrict dust leaving the site.

7.12 To improve the efficiency of the crushing and screening plant the applicant is proposing to replace the existing fixed crushing and screening plant with mobile plant which consists of two crushers and a screener while relocating the plant area into Stowe Hill. The new plant will improve the operational efficiencies of the stone processing operations by reducing its energy consumption compared to the existing plant enabling the applicant to reduce its stone processing costs. The new plant will be fitted with state-of- the-art dust suppression systems to limit the amount of dust produced during the stone processing operation. 7.13 Once the new plant area has been relocated and made operational, the existing conveyor between Stowe Hill and Clearwell will be removed as the applicant will no longer need to transport its stone between the two quarries. 7.14 The applicant is not proposing to relocate or replace the existing washing and scalpings plants currently located in Clearwell which, once decommissioned, will be removed from Clearwell. Similarly it is not proposed to retain or relocate the inert recycling and concrete block-manufacturing facilities which will be removed when required.

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Noise Attenuation measures 7.15 Noise within Stowe Hill Quarry is currently restricted by Condition 17 of Planning Permission DF/2238/X and requires noise levels arising from the quarry, between 7.00 a.m. and 6.00 p.m. on Mondays to Fridays and 8.00 a.m. and 1.00 p.m. on Saturdays, to not exceed 55 dB(A) LAeq,1hr freefield at the properties at Stowe and 52 dB(A)LAeq,1hr freefield at the properties at Stowe Green. 7.16 Mineral Policy Statement 2 (MPS 2) provides the Government’s guidance for noise from mineral sites and provides a criterion for noise limits at residential properties. It suggests that noise at any noise sensitive property should not exceed 10 dBA above background. 7.17 To Support the proposed development and to ensure noise mitigation

measures are addressed and that the quarry complies with noise levels stated in Condition 17 of the quarries current planning permission and the requirements of MPS 2 a noise impact assessment (NIA) was conducted by Barnhawk Acoustics. A copy of the NIA can be seen in public access.

7.18 Barnhawk Acoustics who produced the NIS additionally produced a noise

mitigation strategy for the quarries new plant based on the following three principles:

• The processing plant will be sited at the lowest elevation in Stowe Hill Quarry at the same elevation as the base of the existing primary crusher.

• The new processing plant site will be acoustically shielded from the closest residential properties by its location behind high soil bunds.

• The new processing plant site will be distanced from the local residential area by several hundreds of metres in comparison to its present location in Clearwell Quarry, closely adjacent to the Travellers Rest and Margery Corner.

7.19 This strategy has led to the applicant proposing to create a void in the existing

quarry floor of Stowe Hill by extracting approximately 500,000 tonnes of stone and relocating the plant within it. An environmental bund will be constructed to shield the nearest residential properties from noise emanating from the quarry’s new plant.

7.20 These noise mitigation measures combined with the plant’s built in noise

reduction measures should ensure that the noise impact on the local community from the relocated plant in Stowe Hill Quarry is minimised and complies with the noise levels recommended by MPS2 and condition 17 of the existing planning permission (DF/2238/X).

7.21 To ascertain if the proposed development would increase noise levels for

local residents or cause the quarry to breach condition 17 of its existing planning permission the NIA measured average background noise levels at the nearest properties to the quarry which included the Travellers Rest (public house), Crown Cottage/Brick Cottage, Longley Farm, Rose Cottage and

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Stowe Green Farm. These locations are identified on Plan BA 1 which can be seen in public access.

7.22 To predict the measurements of the noise levels at the nearest properties

arising from the operation of the plant Barnhawk Acoustics used standard methodology (sound power method) provided in BS 5228:1997 by using the previously recorded background measurements. The predictions took into account the distance of the relevant residential dwellings together with the appropriate attenuation provided by the proposed acoustic bund screening or quarry face with no additional noise attenuation due to ground absorption effects being allowed for.

7.23 The noise from the plant included contributions generated by crushing and

screening operations and dump truck movements on the internal haul road. Where appropriate, surface rock drilling noise was taken into consideration as a ‘worst case’ when it occurred close to Brick Cottage and Longley Farm taking in account the planned noise mitigation bunds located close to these properties.

7.24 The report showed that the predicted cumulative ‘worst case’ noise levels at

the quarry’s nearest dwellings from the relocated processing plant, would comply with MPS 2 noise criteria, provided that the proposed bunds are in place at the appropriate phase of the extraction to protect Brick Cottage and Longley Farm.

7.25 The report concluded that when the integrated noise mitigation strategy is

implemented the relocated stone processing plant will comply with the noise criteria of MPS2.

7.26 The environmental bund will additionally contribute to minimizing noise

emanating from the quarry from its other operations and reducing noise levels for the surrounding local community throughout the duration of the quarry.

Environmental Noise Bund

7.27 The proposed environmental bund will be erected to the north of the new plant area and will provide a barrier, to attenuate noise and dust between the residential properties at Stowe Green from the quarry’s operations, and specifically the plant.

7.28 It is proposed that the bund will be constructed, over a 3-year period, using approximately 300,000 tonnes of waste limestone (mostly scalpings) from the quarry and 300,000 tonnes of imported inert waste materials.

7.29 The inert material will be imported using HGVs with a capacity of 20 tonnes, which will result in approximately 18 to 19 loads per day (37 vehicle movements on average), based on approximately 270 working days per annum.

7.30 The bund will be approximately 5 metres in height from ground level at the north of the bund and will be approximately 30m high from extracted quarry

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floor to top of the bund. The bund will be 6m higher than the roads near the site, which is no higher than some of the contours in the surrounding landscape, and therefore blends in well with the overall appearance of the area.

7.31 This opinion is supported by the landscape section of FODDC who raised no objection to this element of the proposal believing that the operation of the plant will not produce an unacceptable level of noise or dust emissions.

7.32 As part of the applicants landscaping scheme the southern side of the bund

will be sown with calcareous grassland. This scheme corresponds with the previous requirements of the quarry’s Grassland Restoration and Aftercare Scheme submitted for Condition 52 of Planning Permission DF/2238/X. This scheme initially required the area where the bund is to be created to have approximately 1 ha of calcareous grassland but with the creation of the bund the area of calcareous grassland will be increased to approximately 2.4 ha. This element has the full support of the Counties Councils Ecologist (CCE) and Natural England (NE) as they wish to encourage the growth of calcareous grassland and is in accordance with Policy E10 of the Minerals Local Plan.

7.33 It is proposed to spread indigenous sub and topsoil on the north side of the bund and plant it as woodland in accordance with their submitted planting scheme. It is my opinion that together with the calcareous grassland plating will provide an improved to the visual appearance of Stowe Hill and provide an effected noise and dust barrier and is in accordance with Policy E10 of the Minerals Local Plan. The validation area will measure approximately 150m by 350m.

The Void 7.34 To enable the operator to comply with its noise mitigation strategy the new

plant will be relocated into the newly extracted void. The void will be created by extracting approximately 500,000 tonnes of stone and will have a depth of approximately 10-12 m below the current quarry floor level.

7.35 This extracted stone will be processed and sold from Clearwell Quarry using the existing plant. The extracted stone will not contribute to an increase in the quarry’s annual output of quarried stone which is limited to 600,000 per annum by Condition 8 of Planning Permission Ref: DF/2238/X.

7.36 The extracted void will enable the plant to be relocated in the lowest part of the quarry which will contribute to reducing the level of noise emanating from the site and is in accordance with policy DC1 of the Gloucestershire Minerals Local Plan.

7.37 The relocation of the plant area will mean that the impact the existing plant has on the amenity of the surrounding properties will be removed with the plant being demolished or removed. With the new plant being located within the void the impact of the new plant on these properties compared to the current situation will be significantly improved and will be in accordance with DC1 of the Gloucestershire Minerals Local Plan.

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Relocation of the Office, Workshop & Staff Facilities

7.38 Following the relocation of the plant from Clearwell Quarry to Stowe Hill the Site Office, Workshop and Staff Facilities will be relocated into Stowe Hill. The exact location of these facilities has not been finalised so the applicant will have to submit details of their proposed location to the MPA for written approval prior to the commencement of extraction of the quarry void in Stowe Hill Quarry. Haul Road and Access onto the B4228

7.39 Currently all traffic associated with Stowe Hill & Clearwell Quarries uses the Stowe to Shophouse Road. This is an unclassified road which connects the quarry to the B4228, at Orepool. The relocation of the stone processing plant into Stowe Hill provides an opportunity to connect the quarry directly to the B4228 which is an established HGV route, with the construction of a new haul road and access. This new access will reduce the impact of the development on the minor roads close to the quarry and move its traffic directly onto the B4228.

7.40 To support the proposal the applicant has had a Highways Statement (HS) produced by a Traffic and Transportation Consultant (Dr Alan Burns) which can be seen in public access.

7.41 Currently the applicant uses 15 tonne HGVs to export approximately 550,000 tonnes of limestone products from the quarry per annum which equates to133 HGVs (266 HGV movements) per day. It is proposed by the applicant that once the new access is constructed this traffic will be removed from the unclassified road currently used by the quarry directly onto the B4228 bypassing the residential properties adjacent to the unclassified road.

7.42 The location of the access was chosen on the favorable side of the bend in the road, under advice of the applicants Highways Consultant as to minimise the length of hedgerow that will be required to be set back to achieve the required visibility standards for the access. These visibility standards will comply with the Design Manual for Roads and Bridges and the requirements of County Highways.

7.43 The haul road will cross agricultural land which has an Agricultural Land Classification of 3a which is a lower standard of agricultural use as the highest

class is 1.The location of the haul road has been determined following agricultural advice, consultations with the tenant farmer and ecological advice from the applicant’s Ecological consultants.

7.44 The first 200m of the haul road to the B4228 will have a tarmac or concrete surface.

7.45 To ensure that mud and debris does not enter the highway network and specifically the B4228 the applicant is proposing to install a wheel wash, weighbridge and weighbridge office (portacabin) that will be located near Longley Farm.

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7.46 The provision of these facilities combined with the new haul road will greatly improve the highways situation for the quarry. Currently Clearwell has a short access road that is fitted with a wheel wash and sprinklers, but these measures have not been able to prevent the unclassified road on occasions from becoming wet and dirty from vehicle movements. The proposed new access and haul road will rectify this situation as once the HGV vehicles have used the wheel wash facilities the length of the haul road will enable to vehicles to dry off ensuring that no mud, debris or dirty water will not enter the highway network from Stowe Hill. Therefore I consider that this proposal is in accordance with Policy E20 of the Gloucestershire Minerals Local Plan 1997 – 2006.

7.47 The provision of a new haul road and access from Stowe Hill will reduce the amount of vehicles using the existing Clearwell entrance which will contribute to less water dripping off the HGVs onto the public highway, which will improve the amenity of local residents and users of the unclassified road.

7.48 The proposal for the new access and haul road will ensure that the traffic associated with the transportation of processed stone will have direct access to an established HGV route and will avoid the unclassified and minor roads currently used by quarry traffic. This should result in an overall benefit, from a highways and environmental viewpoint.

7.49 The relocation of the plant closer to the extraction area of Stowe Hill will contribute to a reduction in operational energy consumption of the quarry removing the reliance off the conveyor and reducing vehicle movements within and between the two quarries.

7.50 The weighbridge and wheel wash facilities will be relatively well screened by

existing farm buildings and landscaping. It is proposed to have limited additional landscaping for the haul road as it is the view of the County Councils Landscape Consultant (CLC) that the haul road should take the appearance of an agricultural track through a field from a distance. The weighbridge and wheel wash facilities will be installed before the haul road becomes operational.

Public Rights of Way 7.51 The proposed haul road crosses a public footpath (RNE/67) near Longley Farm. Warning signs for both the users of the footpath and the haul road

will be provided before the haul road is brought into use. The application has received no objection from PROW.

7.52 After a recommendation from the County Highways representative was received a condition has been put in place ensuring that “in the interests of highway safety, the public footpath must not be obstructed or encroached upon, the surface damaged or made dangerous during or after works”.

7.53 The applicant will also been advised by the County Highways representative that the effected public right of way must be dealt with under Section 257 of

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the Town and Country Planning Act 1990 in consultation with the Local Highway Authority”.

Restoration of Stowe Hill Quarry 7.54 The restoration of Stowe Hill Quarry is required by Conditions 2, 45 and 48 of Planning Permission Ref: DF/2238/X which requires the site to be restored in accordance with Plan No:C29.L/6C. With the proposed new plant area and bund a ‘Section 73’ Planning Application has been submitted to the MPA to change the restoration scheme for Stowe Hill Quarry and is being considered under delegated powers with a current recommendation for approval subject to this application being approved. Operating Hours 7.55 The proposed development will adopt the same working hours as those at Stowe Hill Quarry and the processing plant in Clearwell Quarry and these are stipulated in condition 16 of this report. Phasing of Development 7.56 The proposed development will be phased to avoid disruption to the operation of the quarry and the supply of limestone products. Table 1

below provides a schedule of phasing.

Table 1: Schedule of Phasing. Date Action 2009 – 2010 Construct haul road and road access onto the B4228. Erection of wheel wash, weighbridge and weighbridge office adjacent to Longley Farm. Complete restoration of Phases 1 at Clearwell Quarry in accordance with Plan No: 892/PL1. 2009 - 2012 Construction of the Environmental Bund. HGVs with imported inert wastes for the environmental bund to use the new road access. Plant area to be created by excavation into the quarry floor. Aggregate Industries to relocate the Asphalt Plant in Clearwell Quarry. 2010 - 2013 Restoration of Phase 2 in Clearwell Quarry in accordance with Plan No: 892/PL2. 2012 – 2016 Progressive relocation of processing operations into Stowe Hill Quarry.

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Removal of washing and scalping plant. Relocation of site office, staff facilities & workshop into Stowe Hill Quarry. Weighbridge, weighbridge office and wheel wash in Clearwell Quarry retained to service the restoration works. 2014 –2018/2020 Progressive restoration of Phase 3 of Clearwell Quarry in accordance with Plan No: 892/PL3. 2025 Removal of the Asphalt and Concrete Batching Plants in Clearwell Quarry. Cessation of mineral extraction at Stowe Hill Quarry and removal of plant etc. 2025 – 2026 Restoration of Phase 4 of Clearwell Quarry in accordance with Plan No: 892/PL4. Restoration of Stowe Hill Quarry in accordance with

Plan No:C29.L/6E

Archaeology 7.57 The majority of the development will occur in previously quarried areas.

Only the haul road will cross undisturbed ground. The haul road is small in scale and is not in the vicinity of any scheduled ancient monuments. The archaeological investigation which accompanied the planning application for Stowe Hill Quarry recognised that this area has a low archaeological value and only one area (Field 6) required further investigation before quarrying. Archaeological investigation was undertaken at the quarry in 2009 (the work secured as a condition planning permission), and this revealed an extensive area of iron working dating to the Anglo-Saxon period. The activity was represented by numerous features including smelting furnaces, ore-roasting pits, and charcoal clamps.

7.58 In the context of the importance of the Forest of Dean area for early iron working, this activity is a highly important find.

7.59 However, the proposed construction of the new access is in an area which has not previously been quarried, and where archaeological remains may therefore be present. In view of the archaeological potential of the proposed access and haul road area the County Archaeologist recommends that a programme of archaeological mitigation should be undertaken so as to record any archaeological remains affected by its construction. Therefore subject to this work I consider that the proposal is in accordance with Policy E4 of the MLP.

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Dust 7.60 Stowe Hill and Clearwell Quarry currently work to an approved dust mitigation

suppression scheme as a requirement of Condition 22 of Planning Permission Ref: DF/2238/X.

7.61 The applicant has stated that the operation of the plant, construction of the environmental bund, haul road and extraction of the void will continue to adhere to the principles of the approved scheme to ensure dust does not impact on the near by residents and that the new plant will be fitted with state-of-the-art dust suppression systems.

7.62 To support their proposals the applicant has submitted a Dust Impact Assessment which can be seen in public access.

7.63 The report outlines how the operator will reduce the dust produced during, overburden stripping, restoration works, drilling, blasting, vehicle movements, crushing, screening and the storage of stone in stock plies.

7.64 The report concluded that hard rock quarries do produce dust but that this dust can be controlled by confining the dust within the quarry and implementing measures to reduce the production of duds and minimise its airborne dispersal. 7.65 The relocation of the plant into Stowe Hill Quarry is designed to reduce dust by having all the quarry’s operations including processing, stock piles and vehicle movements based in and from Stowe Hill quarry. 7.66 If consent is granted the applicant will submit a planning condition detailing dust mitigation scheme for Stowe Hill quarry to the MPA for approval that will demonstrate how the quarry will minimise the amount of dust produced during its operations. This scheme will include the following points.

• keeping hard surfaces swept and damp;

• keeping public roads clean and swept;

• keeping haul roads smooth and dust free;

• limiting the speed of vehicles within the quarry;

• enclosing conveyor transfer points, crusher and screens;

• not moving soil if it is too dry;

• maintaining efficient dust extraction systems on drills rigs and crushers;

• ensuring that the dust suppression systems (Dust foam) are correctly operated and regularly maintained;

• ensuring that the water bowser is properly maintained;

• ensuring that the water sprinkler system that wets the roads is well maintained;

• ensuring that the wheel-wash at the quarry exit is always operational and monitoring it and improving it to increase its effectiveness.

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7.67 It is my opinion that if the proposals are approved by the MPA the proposed dust mitigation measures submitted will reduce the amount of dust emanating beyond the boundaries of Stowe Hill. The relocation of the plant machinery, the creation of the environmental bund and the introduction of new plant will vastly reduce the amount of dust produced by the quarry’s operations and its dust mitigation proposals are in accordance with Policies DC1 and DC2 of the Gloucestershire Minerals Local Plan 1997 - 2006. Ecology 7.68 To support the proposals the applicant has had an ecological survey

conducted to assess the impact of the proposed haul road, access weighbridge and wheel wash facilities on the agricultural land affected. This survey can be seen in public access.

7.69 The Ecological survey recognises that the areas affected are predominantly agricultural fields with hedgerows of very low ecological value and that this type of habitat is common in the area of the site.

7.70 The survey also showed that there was no evidence of the presence of any protected species and that those species that were found were common and widespread. The report also recognises that no trees will be affected as the development is sited beyond their canopy.

7.71 In conclusion the report recognises that the potential impact on the site’s ecology will be limited and will only affect the site area footprint and not the surrounding environment. It is considered in the survey that the integrity of any surrounding habitats/communities/species would have any reliance upon the ecology contained within the site area and they would not be affected by the sites development.

7.72 To support the proposal the applicant has submitted landscaping and tree planting scheme for the environmental bund that can be seen in public access. In it is proposed that Calcareous Grassland will be established on the southern side of the environmental bund. In comparison with, the restoration scheme approved by planning permission DF/2238/X the bunds planting scheme will increase the amount of calcareous grassland to be created by approximately 1.4 ha.

7.73 The County Council Ecologist found the landscaping and ecology schemes acceptable and was in accordance with Policies R1 and R2 of the Minerals Local Plan. However, he has requested that a planting scheme is submitted under condition that complies with the CLA request that the bunds are planted in such a way as to achieve early final restoration landscape seeding and planting on the northern faces to minimise visual impact to the road and adjacent properties.

7.74 In order to construct the new access and provide the appropriate visual splays the applicant will be required to carry out the translocation of approximately 300m of hedgerow. To comply with the applicant’s submitted Ecology report all hedgerow works will be conducted before or after the bird nesting season.

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7.75 The CLA is of the opinion that hedgerow translocations are not always successful and has requested that a planning condition is put in place to ensure that if the translocation of the hedgerow fails that the applicant will have to replace it with new hedge planting. To address this request I have recommended such a condition is included.

7.76 The CLA has not objected to the proposals and in his consultation response the CCE refers to two reports that were submitted in order to comply with Condition 54 of DF/2238/X and once approved regularly reviewed.

7.77 The first report was ‘Summary of Ecological Impacts, Mitigation and Enhancement Measures’ and the second ‘Predicted Biodiversity Gains from Restoration of Land within the Stowe Quarry Extension’ The applicant has submitted updated versions of these reports for approval and will be considered as per planning condition 45 of this report by the appropriate consultees.

7.78 The CCE was content that the revised restoration concepts at both quarries will produce an enhancement for biodiversity over the existing consented concepts and that the changes were in accordance with Policy E10 of the Minerals Local Plan Policy E10 and should be accepted.

7.79 The CCE was of the opinion that the applicant’s submitted ecology report recommendations for mitigation measures were appropriate to conserve biodiversity in the medium to long-term was appropriate but that a consolidated and updated scheme would be required to be submitted to conserve existing trees, shrubs and hedgerows mitigation, planting and aftercare.

7.80 To comply with this request the applicant via planning condition will be required to submit a scheme based on the ecological report’s recommendations and to include some hedgerow enhancements including diversifying the tree and shrub species present at Stowe Hill. Therefore I consider that this proposal is in accordance with Policy E10 of the MLP. Visibility

7.81 To assist the proposals the applicant has submitted a visual impact study for the proposed plant site, environmental bund, haul road and weighbridge, wheel wash facilities which can be seen in public access.

7.82 The report demonstrated that the relocation of the plant will improve the visual impact associated with Clearwell Quarry and the surrounding area as the plant buildings will be removed from Clearwell and the new plant area will only be seen from a limited number of short distance views where any impact will be slight.

7.83 It is recognised that the views from Longley Farm are due to deteriorate, regardless of the inclusion of the haul road and weighbridge facilities, with the future permitted extension of the quarry. Although a potential moderate impact is associated with the views from the upstairs windows of Yew Tree

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Cottage the developer will endeavour to reduce the impact by painting the weighbridge office a muted matt green (or similar) and allowing the surrounding hedgerows to be managed as thick and healthy screens. Landscape

7.84 The CLA made no objections to the application but along with the local Member raised the issue of why the haul road could not be located closer to the existing tree and hedge line on the field boundary. The location of the haul road has been chosen after consultation by the applicant with their ecological advisor and under their recommendation the haul road is located as shown because it will not have any adverse effects on the existing ecology, tree roots or biodiversity of the plant life.

7.85 I informed the CLA of this fact and he was then of the opinion that the proposed haul road should have limited screening so that it appeared from a distance as a agricultural track through field.

7.86 To address the issue of the location, design and materials for the relocated office, workshop and staff facilities as advised by the CLA the applicant will be requested to submit details on these matters for the approval of the MPA via planning condition.

7.87 The FODDC has objected via an Officer’s response to the proposal on the following grounds:

• It is of the opinion that the impact of the new haul road and weigh bridge are unacceptable in landscape terms and that the submitted landscape scheme does not have the appropriate assessment level

• That the applicant has not justified the need for the new access and haul road.

• The development is also considered to affect the biodiversity in the area and no assessment has been made of this, especially when a pond is within about 50 m of the proposed road.

• That the proposal for the new access, haul road, wheel wash and weighbridge are contrary to government guidance in PPS7 and PPS9 and the proposals are also non compliant with local plan policies (R)FNE 1,2,3 & 10 of the District Local Plan.

7.88 The FODDC has not objected to the relocation of the plant from Clearwell to Stowe Hill or the construction of the environmental bund.

7.89 In its consultation response the FODDC is of the opinion that the applicant

has submitted no justification for the need for a new haul road other than it will reduce HGV traffic on the unclassified road currently used at present by the quarries . It is of the opinion that as the unclassified road was considered adequate (with improvements) for the quarry’s current operations and that the proposal does not propose to increase the rate or quantity of quarrying there is no need for a haul road.

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7.90 In Para 7.43 to 7.49 of my report I have outlined the benefits of the construction of the new haul road and access to the quarry to the local highway network and the residential dwellings aligning the unclassified road currently being used by the quarry traffic.

7.91 The new access and haul road will reduce the amount of traffic on the unclassified road and allow the HGV’s to directly enter onto the B4228. It will also provide a haul road that will allow the HGV’s to dry off once they have been through the wheel wash before they enter the B4228.

7.92 The County Highways Representative has not objected to the application and has raised no highway concerns involving the construction and use of the new haul road and access. After visiting the site and witnessing the current situation I am of the opinion that the new proposed access and haul road will be an improvement to the current situation and is in accordance with Policy E20 of the Gloucestershire Minerals Local Plan 1997 – 2006

7.93 The FODDC have stated that it is of the opinion that the submitted landscape survey scheme for the haul road was not to an acceptable standard and therefore as it stands can be considered unsound.

7.94 The FODDC believes that the potential landscape impact of the haul road and weighbridge facilities will be significant and that the use of hard surfacing is not in keeping with the existing landscape providing a significant landscape harm to the area with no recognised benefit.

7.95 The issues raised by the FODDC have been dealt with previously in my report specifically the CLC and CCE are of the opinion that the applicant’s submitted details regarding the haul road and its facilities are adequate and the CLC believes that the haul road does not require any additional landscaping as it appearance as an agricultural road would best suit its surroundings.

7.96 The area of the proposed haul road is of low agricultural use and farm buildings are located opposite the proposed location of the wheel wash and weighbridge facilities.

7.97 To address the issue raised by the FODDC in regard to the translocation of part of the hedgerow to enable the visual splays to be installed a condition has been put in place to ensure that the hedgerow is replanted and that if it fails to grow appropriately the applicant will have to plant a new hedge. The existing hedge will be translocated approximately 1 metre at its further west point and it is my opinion that the hedge translocation will not significantly affect the appearance of the roadside.

7.98 It is my opinion that after considering the views of the statutory consultees and visiting the site that the proposed haul road and its facilities will not harm the biodiversity of the adjacent trees and hedgerows. I consider that overall the proposed development will not harm the landscape of the area and will provide a benefit to the quarry and the amenity of the local residents and is in

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accordance with Polices E20, R1 and R2 of the Gloucestershire Minerals Local Plan 1997 – 2006.

7.99 The FODDC has indicated that it believes the biodiversity survey submitted by

the applicant is of an unacceptable standard and its Environmental Health Officer had no objections to the proposal.

7.100 The CCE has no objections to the proposals and is of the opinion that the proposed haul road will not harm the ecology or biodiversity of the area and that the road has been specifically located so that it would not have an effect on the adjacent trees and hedgerow. The CE considers that the applicants proposals are in accordance with R1 and R2 of the Minerals Local Plan.

7.101 The FODDC has mentioned that there is at least one pond within 50m of the

proposed haul road but during a site visit I was accompanied by the farmer who currently leases and works the site area and I asked if he could show me the pond mentioned in the FODDC response. He informed me that there was no pond and to the best of his knowledge there has never been a pond in the vicinity of the proposed site. The Slade Brook

7.102 It has been established in previous planning applications and consents that the geological SSSI named Slade Brook is the main receptor for quarry waters. Planning permission DF/2238/X for extraction at the Stowe Hill has conditions in place that maintain a wetland sump area to attenuate/maintain subterranean water flows and quality leading towards Slade Brook SSSI. The applicant has stated that the existing wetland sump area will remain unchanged. 7.103 Additionally there is a ‘Section 106’ agreement in place that ensures that the

quarry operators have to work to an approved monitoring scheme to ensure that potential impact on the tufa features of the SSSI are detected and appropriate action taken id necessary.

7.104 The Environmental Assessment dated Feb 2010 prepared by RPS Group submitted by the applicant recommends that ongoing monitoring as per the Section 106 Agreement continues. The applicant has committed to a long term monitoring strategy for Slade Brook.

7.105 At a site meeting attended by the applicant, MPA and Natural England it was

agreed that any consent for the proposals would include the requirement on the continuation of the agreed ‘Monitoring and Management Plan’ as per the terms of the existing ‘Section 106 Agreement’ via a new ‘Section 106’Agreement’ to maintain the appropriate monitoring levels for the whole site operation of the site.

1.106 The monitoring programme described in the Feb 2010 report provides for

continuation of the monitoring and also that the results are reported on regularly, together with conditions to ensure the epikarst recreation and contouring scheme continues.

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7.107 In its consultation response Natural England made no objection to the

proposal and was of the opinion that as long as the applicant continued to comply with the long term monitoring strategy for Slade Brook and for the

waters in Stowe Hill Quarry according to the Section 106 Agreement via a Unilateral Agreement, it had no concerns relating to the proposed development.

7.108 NE raised concerns about the water management plan for Stowe Hill quarry

produced by RPS dated February 2010 and has requested that it is consulted prior to the scheme being introduced. The water management plan itself will be updated via planning condition if consent if granted for the proposal as the applicant will be required to submit a water management scheme for approval by the Minerals Planning Authority.

7.109 NE was of the opinion that the applicant had committed to plant the environmental bund with calcareous grass of local provenance, and that the applicant had appeared to have made every effort to limit the landscape impacts of the proposals, including the new access road. Restoration of Stowe Hill Quarry

7.110 The environmental bund will contribute to the restoration of Stow Hill Quarry with the substrate of the southern side of the environmental bund comprising a limestone rubble base over which will be laid a skeletal layer of indigenous limestone soil stripped and stored from this quarry prior to quarrying. The southern side will then be sown with calcareous grassland. This will replace the existing restoration scheme for DF/2238/Xwhich initially required the area where the bund is to be created to have approximately 1 ha of calcareous grassland. The new bund area of calcareous grassland will be now increased to approximately 2.4 ha. The applicant proposes to use Indigenous sub and topsoil on the north side of the bund and plant it as woodland in accordance with the submitted planting scheme. The landscaping for the proposed bund is shown on Plan No: C29.L/6E.

7.111 The applicant is proposing to restore Stowe Hill to a phased restoration scheme which is shown in Drawings No 892/PL1, No 892/PL2, No 892/PL3, No 892/PL4 and finally Plan No:C29.L/6E which provides an updated restoration scheme which showing the bund retained and the plant area restored to a lake/wetland areas. As with the existing restoration works the quarry will be progressively restored using indigenous quarry wastes following stone extraction.

7.112 Plan No:C29.L/6E also shows the current restoration works at Stowe Hill Quarry to the south which has left a seasonal wetland area enclosed by quarry faces that provide attractive landscape features.

7.113 It is my opinion and that of the EC and CLA that the proposed landscape scheme in principle will contribute to an improved restoration scheme for Stowe Hill Quarry and is in accordance with Policies DC1, DC2 and E10 of the

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Gloucestershire Minerals Local Plan 1997 - 2006 and NHE8 of the Gloucestershire Structure Plan Second Review.

7.114 There have been four objections to the application from members of the public

relating to the proposed relocation of the stone processing plant, erection of environmental bund and construction of a new haul road and access.

7.115 The objections were on the following grounds:

• that the proposed access road will be visually intrusive to the Wye Valley AONB,

• It will industrialise a rural stretch of road,

• that a new access and haul road is not needed as the existing road is perfectly adequate.

• There could be an increase in dust and noise to nearby residents if adequate conditions are not in place to protect their amenity.

• The roads leading to the proposed site are unsuitable for HGV vehicles

7.116 The quarry itself has been a working quarry for numerous years and the proposals will not harm or affect any existing views from the AONB into the quarry if in fact there are any.

7.117 The new access and haul road will lead directly onto the B4228 which is a recognised HGV route and will take HGV traffic away from an unclassified road which is currently used by quarry traffic. The new haul road will enable HGV vehicles to dry off once that have been through the wheel wash to ensure no mud, debris or muddy water enters the highway.

7.118 The report has recommended several conditions relating to noise and dust and has requested that the applicant submit a dust and noise mitigation scheme to the MPA for approval. One of the reasons for moving the plant into Stowe Hill with the creation of the environmental bund is that the problem of noise and dust previously encountered by near neighbours on occasions will be vastly reduced and the relocation of the plant can only improve the amenity of the quarries near neighbours.

7.119 It is therefore my opinion that the proposals will have no additional negative effects on the surrounding area in regards to dust, noise, lorry movements or visual amenity and is in accordance with Policy M.4 of the Gloucestershire Structure Plan Second Review 2011 and Policy DC.2 of the Gloucestershire Minerals Local plan.

Human Rights 7.120 From 2nd October 2000 the Human Rights Act 1998 has the effect of

enshrining much of the European Convention on Human Rights in UK law. Under 6(1) of the Act, it is unlawful for a public authority to act in a way which is incompatible with a convention right. A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by Section 6(1) and that he is (or would be) a victim of the unlawful act, may bring proceedings against the authority under the Act in the appropriate court

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or tribunal, or may rely on the convention right or rights concerned in any legal proceedings.

7.121 The main Convention rights relevant when considering planning proposals are

Article 1 of the First Protocol (the peaceful enjoyment of property) and Article 8 (the right to a private and family life). Article 1 of the First Protocol guarantees the right to peaceful enjoyment of possessions and Article 8 of the Human Rights Act 1998 guarantees a right to respect for private and family life. Article 8 also provides that there shall be no interference by a public authority with the exercise of this right except as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the freedom of others.

7.122 Four objections have been received relating to concerns about noise, dust, ecology and highways. For the reasons set out in the Planning Observations it is not thought there would be any breach of the convention rights. Even if there was to be an interference with convention rights then, in this case, it is thought that the interference would be justified in the interests of public safety and for the protection of the health of the wider community. Accordingly, it would not be unlawful to grant planning permission for this development.

Conclusion and summary reasons for granting of planning permission and relevant development plan policies.

7.123 The proposal is for the phased replacement and relocation of the stone processing plant, office, staff facilities and workshop from Clearwell Quarry into Stowe Hill Quarry to improve the efficiency of the plant, the quarry operations and reduce the effects of noise, dust and HGV movements on the local communities and advance the progressive restoration of Clearwell Quarry and to construct an environmental bund, access and haul road.

7.124 To achieve these proposals the applicant is proposing to create a quarry void

below ground level to take the new efficient relocated plant and an environmental bund will also be created which when combined will reduce the noise and dust emanating from the sites boundaries.

7.125 I consider that the proposals will enable the applicant to reduce the impact of

noise and dust on its near neighbours, construct a purpose built haul road and access that will take traffic away from the unclassified road it currently uses and ultimately have its plant machinery located in the same quarry as its extraction area making the extraction of stone and processing more efficient and cost effective.

7.126 After considering all the submitted information from the applicant, statutory

consultees and objectors I am of the opinion that the development will not adversely affect the amenity of neighbouring users and will improve the operation of Stowe Hill quarry. The CCE considers that the finished landscape

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and restoration scheme is likely to have a local positive benefit for the biodiversity of the area.

7.127 There have been 4 objections to the proposal but it is considered that with the

proposed conditions in place to protect amenity that the proposal gives rise to no material harm, is in accordance with the development plan and that there are no material considerations that indicate that the application should be refused.

7.128 This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant circulars, together with the relevant Development Plan policies, including the following;

Planning Policy Statement (PPS) 1: Delivering Sustainable Development

Planning Policy Statement (PPS) 9: Biodiversity and Geological Conservation

Mineral Planning Statement (MPS) 1: Planning and Minerals

Mineral Planning Statement (MPS) 2: Controlling and Mitigating the Environmental Effects of Minerals Extraction in England

Gloucestershire Minerals Local Plan (MLP) 1997 – 2006 - Adopted April 2003 saved Policies DC1, DC2, DC2, E10, E11, E16, E20, E19, E20, R1, R2 and A5

Gloucestershire Waste Local Plan 2002 – 2012 (Adopted October 2004) (GCC WLP) saved Policies 37, and 40

Gloucestershire Structure Plan Second Review 2011 saved Policies M.3, M.4, M.5, M.9, S.6, S.7, T.11 and NHE.2

Gloucestershire Structure Plan Third Alteration (un-adopted)

incorporating Proposed Modifications (July 2004) and Proposed Second Modifications (January 2005) unsaved Policies MR.1 MR.4, MR.13, MR.16, MR.17, MR.19 and MR.9

The Forest of Dean District Local Plan Review Adopted November 2005 saved Policies Policy (R) FT.2 and (R)FNE.1: 8.0 RECOMMENDATION 8.1 That planning permission be granted for the reasons set out in this report and

summarised in paragraphs 123 to 128 and subject to the conditions detailed at section 8 of this report and to the applicant , and any other appropriate party, first entering into a Planning Obligation (to the reasonable satisfaction of the Planning Manager) to secure the following:

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1. Monitoring and Management Plan Commencement 1. The development shall commence within three years from the date of this

permission. Separate Written notifications of the date of commencement, commencement of extraction of the void, and commencement of the construction of the haul road shall be sent to the Minerals Planning Authority within seven days of such commencement.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Plans 2. This planning permission shall only relate to the site edged red on drawing no

251H/1 ‘Location Plan’ Revision A dated March 2009, hereafter referred to as ‘the site’, Drawing No 8318-5000-002 ‘Topographical Survey (As Proposed) Stowe Hill Quarry’ dated May 2009, Drawing No 8318-1000-003 ‘As Existing Sections, Stowe Hill Quarry’ dated June 2009, Drawing No 8318-1000-004 ‘As Proposed Sections, Stowe Hill Quarry’ dated June 2009, Drawing No 09/258/TR/003 Rev B ‘Proposed Quarry Access B4228’ dated 02/07/2009, Drawing No C29.L/ 6E ‘Restoration Concept Scheme, Revised July 2009’ dated September 09 and the details in the submitted planning application dated October 2009. No development shall be carried out other than in accordance with the aforementioned plans unless otherwise agreed in advance and in writing with the Mineral Planning Authority

Reason: To enable the Minerals Planning Authority to deal promptly with any development not in accordance with the approved plans and details and to define the scope of this consent, in the interests of the amenity of the area and in accordance with Policies DC1 and DC2 of the Gloucestershire Minerals Local Plan 1997 – 2006

Scope of Development 3. Other than that required for the plant area and as defined as Drawing No

8318-5000-002 dated May 2009 no working shall take place below 176 metres below Ordnance datum.

Reason: In the interests of nature conservation and water resources and in accordance with Policies E2 and E11 of the Gloucestershire Minerals Local Plan. Limit of Production 4. The development hereby permitted is subject to an extraction limit of no more

than 500,000 tonnes of stone for the creation of the quarry void for the relocation of the plant machinery unless otherwise approved in advance and in writing with the Minerals Planning Authority

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Reason: In the interests of highway safety and amenity, and in accordance with Policies M.4 of the Gloucestershire Structure Plan Second Review and E20 of the Gloucestershire Minerals Local Plan 1997 - 2006.

5. From the date of this permission a record shall be kept by the operator,

showing the amount of stone extracted for the creation of the quarry void for the relocation of plant machinery and that record shall be made available for inspection by the Minerals Planning Authority at all reasonable times.

Reason: In the interests of highway safety and amenity, and in accordance

with Policies M.4 of the Gloucestershire Structure Plan Second Review and E20 of the Gloucestershire Minerals Local Plan1997 - 2006.

6. The depth of the quarry void hereby permitted for the plant area as defined as

Drawing No 8318-5000-002 dated May 2009is subject to a limit of 12m below the quarry floor level (164 metres Ordnance datum) unless otherwise approved in advance and in writing with the Minerals Planning Authority

Reason: In the interests of highway safety and amenity, and in accordance

with Policies M.4 of the Gloucestershire Structure Plan Second Review and E20 of the Gloucestershire Minerals Local Plan 1997 - 2006

Infill 7. The total quantity of inert material imported into the site (as defined on plan

8318-1000-004, 8318-1000-003, and 8318-5000-002) for the creation of the environmental bund shall not exceed 300,000 tonnes of inert fill, comprising of soils, clays and inert construction waste for the duration of this permission unless otherwise agreed in advance and in writing with the Mineral and Waste Planning Authority.

Reason: To define the scope of the application in the interests of highway

safety in accordance with Policy 40 of the Gloucestershire Waste Local Plan and in the interests of the amenity of the area in accordance with Policy 37 of the Gloucestershire Waste Local Plan.

8. Nothing other than uncontaminated, inert and natural excavated materials,

(including soils, subsoils, bricks and concrete) shall be deposited at the site. Reason: To protect the amenity of the local environment and in accordance

with Policies DC1 and DC2 of the Gloucestershire Minerals Local Plan 1997 – 2006.

Record Keeping 9. From the date of this permission the operators shall maintain records of the

number of vehicles bringing materials to the site, and the quantity and type of material accepted onto the site for the creation of the environmental bund, and shall make them available to the Mineral Planning Authority at any time upon request, within seven days of such a request. All records shall be kept for at least 24 months.

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Reason: In order that the Minerals Planning Authority can monitor the site in the interests of the amenity of the area in accordance with Gloucestershire Minerals Local Plan Policy DC3

Schedule of Phasing 10. Prior to the commencement of development a detailed phasing schedule of

the sites development shall be submitted to the Minerals Planning Authority for its written approval. No development shall be carried out other than in accordance with such approved schemes unless otherwise approved in advance and in writing with the Minerals Planning Authority.

Reason: In order to define the scope of this consent and in the interests of

the amenity of the area in accordance Policies DC1 and DC2 of the Gloucestershire Minerals Local Plan 1997 - 2006

Building and Plant. 11. Prior to the commencement of development details of a weighbridge,

weighbridge office and wheel wash facility shall be submitted to and approved in writing by the Minerals and Waste Planning Authority. The weighbridge, weighbridge office and wheel wash facility shall then be installed in accordance with those details before the development is brought into operation and shall be used and maintained as such thereafter for the duration of the development.

Reason: To ensure that mud and earth deposits are not brought onto the

public highway in the interests of highway safety and In order that the Mineral and Waste Planning Authority can monitor the site in the interests of the amenity of the area in accordance with Policy 37 of the adopted Gloucestershire Waste Local Plan and Policy DC1 of the Gloucestershire Minerals Local Plan.

Plant Machinery 12. Notwithstanding the provisions of parts 19 and 21 of Schedule 2 of the Town

and Country Planning (General Permitted Development) Order, 1995 (or any Order amending, replacing, or re-enacting that Order), no fixed plant or machinery, buildings or structures shall be erected, extended, installed or replaced on the site without the prior written approval of the Minerals Planning Authority.

Reason: There is a need to secure control over additional plant and machinery, in the interests of the amenities of the area and in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan. 13. All plant, machinery, buildings and structures shall be removed from the site

within 3 months of the cessation of mineral extraction, unless otherwise agreed in advance and in writing with the Minerals and Waste Planning Authority.

Reason: In the interests of the amenities of the area and in accordance with Policy DC1 of the Gloucestershire Minerals Local Plan.

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Relocation of the Office, Workshop & Staff Facilities 14. Prior to commencement of the extraction of the quarry void in Stowe Hill

Quarry details of the location of the Site Office, Workshop and Staff Facilities shall be submitted to the Minerals Planning Authority for written approval and therefore shall be implemented as approved.

Reason: To protect the amenity of the local environment and in accordance with Policy DC3 of the Gloucestershire Minerals Local Plan 1997 - 2006.

Reception of Imported material for Environmental Bund Protocol 15. Prior to the commencement of the construction of the environmental bund, as

depicted on plan 9318-5000-002 dated May 2009 a detailed protocol for the reception of imported inert waste shall be submitted to the Minerals Planning Authority for its written approval and thereafter the scheme as approved shall be implemented and monitored for the duration of the operations unless otherwise approved in advance and in writing by the Minerals Planning Authority.

Reason: To protect the amenity of the local environment and in accordance with Policy DC3 of the Gloucestershire Minerals Local Plan 1997 - 2006.

Hours of Working 16. Unless otherwise approved in writing by the Minerals Planning Authority or varied previously by other condition(s) attached to this permission, operations authorised by this permission shall only be carried out on site between the following hours:

7am to 6:00pm on Mondays to Fridays 8am to 1:00pm on Saturdays

No working shall take place on Sundays or public holidays. Notwithstanding the above hours the servicing of mobile plant within workshop buildings is permitted between the hours of 1:00pm to 5:00pm Saturdays.

Reason: Any working outside these hours requires the prior written approval of the Minerals Planning Authority due to the potential impact on amenity, in accordance with Policy M4 of the Gloucestershire Structure Plan Second Review and Policy DC1 of the Gloucestershire Minerals Local Plan 1997 - 2006.

Archaeological 17. No development shall take place within the application site until the applicant,

or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Minerals Planning Authority.

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Reason: In the interests of preserving archaeological interest at the site and to comply with Policy NHE 6 of the Gloucestershire Structure Plan Second Review (2011) and Policy E4 of the Gloucestershire Minerals Local Plan 1997 – 2006

Access, Traffic and Protection of the Highway

18. Prior to the relocation of the stone processing plant, office, staff facilities and workshop to Stowe Hill Quarry the proposed vehicular access as shown on drawing no 09/258/TR/003 shall be laid out and constructed in accordance with the submitted details and thereafter similarly maintained. Reason: To ensure a satisfactory means of access is provided and maintained in the interests of highway safety and in accordance with Policy E20 of the Gloucestershire Minerals Local Plan 1997 - 2006

19. Prior to the access and haul road being brought into use provision shall be

made within the site for the disposal of surface water from the haul road in accordance with details to be submitted to and agreed in writing by the Minerals Planning Authority and the works as approved shall thereafter be similarly maintained.

Reason: To ensure that surface water does not discharge onto the highway,

in the interests of highway safety and in accordance with Policy E20 of the Gloucestershire Minerals Local Plan 1997 – 2006

20. Prior to the use of the new access, hereby permitted vehicle wheel cleaning

facilities shall be provided on site in accordance with details to be submitted to and approved in writing by the Minerals Planning Authority, and thereafter be maintained for the duration of the use of the access.

Reason: To ensure that mud and earth deposits are not brought onto the

public highway in the interests of highway safety in accordance with Policy E20 of the Gloucestershire Minerals Local Plan 1997 - 2006.

21. No commercial vehicles shall enter the public highway unless their wheels

and chassis have been cleaned to prevent materials being deposited on the highway.

Reason: In the interests of highway safety and to prevent mud, debris and

materials getting on the highway and in accordance with Policies E20, DC1 and DC2 of the Gloucestershire Minerals Local Plan 1997 - 2006.

22. The surfacing of the site access as shown on plan 09/258/TR/003 B and detailed in the supporting statement shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times until the completion of site restoration and aftercare.

Reason: In the interests of highway safety and safeguarding the local environment in accordance with Policies E20 and DC1 of the Gloucestershire Minerals Local Plan 1997 - 2006.

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23. No loaded lorries shall leave the site unsheeted except those only carrying stone in excess of 500mm in diameter.

Reason: In the interests of highway safety and in accordance with policy E20 of the Gloucestershire Minerals Local Plan. Noise 24. Between the hours of 7.00 am to 6:00pm on Mondays to Fridays and 8am to

1:00pm on Saturdays, the noise levels arising from the development shall not exceed 53dB(A)1hrLeq, at the properties at Stowe and 52dB(A)1hrLeq, at the properties at Stowe Green.

Reason: In the interests of local residential amenity and Policy DC1 of the Gloucestershire Minerals Local Plan. 25. Within six months from the date of this permission, a scheme for the

monitoring of noise levels arising from the site shall be submitted to and approved in writing by the Minerals Planning Authority. The scheme shall provide for:

(i) attended measurements by a competent person of Laeq 5 minute noise levels over 1 hour at the Travellers Inn, Crown Cottages, Longley farm, Rose Cottage, Stowe Green Farm and Brick Cottage. Measurements to be taken at six monthly intervals or such frequency as may be agreed in writing with the Mineral Planning Authority; (ii) Details of equipment proposed to be used for monitoring; (iii) Monitoring during typical working hours with the main items of plant and machinery in operation; (iv) The logging of all weather conditions, approximate wind speed and direction and both on site and off site events occurring during measurements including 'phased out' extraneous noise events; (v) Monitoring results to be forwarded to the Mineral Planning Authority within 14 days of measurement. Therefore the approved scheme shall be implemented and monitored for the duration of operations Reason: In the interests of local residential amenity in accordance with policy DC1 of the Gloucestershire Minerals Local Plan. 26. The Reverse Warning Noise Scheme dated 15th June 2007 submitted and

approved in accordance with Condition 20 of Planning Permission Ref: DF/2238/X will be adhered to unless otherwise agreed in writing with the Mineral Planning Authority.

Reason: In the interests of local residential amenity in accordance Policy DC1 of the Gloucestershire Minerals Local Plan.

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

Reason: To ensure the minimum disturbance from operations to the local Community to accord with Policy DC1 of the Gloucestershire Minerals Local Plan. Dust 28. Prior to the commencement of development a scheme shall be submitted to

and agreed in writing by the Minerals Planning Authority which specifies the provisions to be made for the control of dust emanating from the site. The approved scheme shall be implemented in full prior to the commencement of development and complied with at all times.

Reason: To protect the amenity of the local environment and in accordance

with Policies DC1 and DC2 of the Gloucestershire Minerals Local Plan. Public Rights of Way 29. In the interests of highway safety, the public footpath (RNR/67) must remain

unobstructed and not encroached upon, the surface damaged or made dangerous during or after works.

Reason: In the interests of highway and public safety. Blasting 30. Unless otherwise agreed in advance and in writing with the Minerals Planning Authority no blasting shall take place within 200 metres of any residential property, with the exception of any property in the ownership of quarry operator or the mineral owner. Reason: To protect of residential amenity and in accordance with Policies DC1 and E14 of the Gloucestershire Minerals Local Plan. 31. Blasting shall only be carried out between the hours of 10.00am to 12.30pm

and 2.00pm to 4.00pm Mondays to Fridays inclusive. Blasting times shall be clearly advertised at the quarry entrance at all times and an audible warning shall be sounded before each programme of blasting to alert personnel, local residents and visitors to the area.

Reason: To protect of residential amenity and in accordance with Policies DC1 and E14 of the Gloucestershire Minerals Local Plan. 32. Each blasting operation at the site shall be monitored and the results used to regularly update knowledge of vibration propagation. Upon request the updated results and regression curves of ‘peak particle velocity against scale’ distance shall be supplied to the Minerals Planning Authority. The regression curves supplied shall be the Mean curve and the 95 percentile limit curves.

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Reason: To protect of residential amenity and in accordance with policies DC1 and E14 of the Gloucestershire Minerals Local Plan. 33. A record of each blast at the site shall be maintained showing the maximum instantaneous charge, the number of holes and total charge and detonation technique, together with details of the location of the blast. The record shall also show the minimum distance to the nearest noise vibration sensitive residential property. Reason: To protect of residential amenity and in accordance with Policies DC1and E14 of the Gloucestershire Minerals Local Plan. 34. No blast shall be designed such that the Maximum Instantaneous Charge exceeds the relevant 95 percentile limit corresponding with 6mm/second Peak Particle Velocity, as measured at the nearest noise sensitive residential property. Best Practical Means shall be employed in minimizing air overpressure from all blasting operations. Evidence that every blast at the site has been designed to comply with the above limitation shall be supplied to the Mineral Planning Authority upon request. Reason: To protect of residential amenity and in accordance with Policies DC1and E14 of the Gloucestershire Minerals Local Plan. 35. No secondary blasting shall take place on the site. Any work necessary for the breaking of stone shall be by the drop-ball method or by hydraulic hammer or by such other method as may be agreed in writing by the Minerals Planning Authority. Reason: To protect of residential amenity and in accordance with Policies DC1and E14 of the Gloucestershire Minerals Local Plan. 36. Drilling of shot holes on the site shall only take place between 8.00am and 5.00pm Mondays to Fridays and 8.00 am and 1.00 pm on Saturday inclusive. Reason: To protect of residential amenity and in accordance with Policies DC1and E14 of the Gloucestershire Minerals Local Plan.

Environmental Protection

Water Protection 37. Within six months from the date of this permission details shall be submitted

for the written approval of the Mineral Planning Authority showing a comprehensive drainage and lagoon system that must be installed to intercept and treat any contaminated surface water run-off from the site. This shall include arrangements for the monitoring of lake levels and the overflow in the quarry sinkhole. Upon approved the plan shall be implemented in full for the duration of mineral extraction.

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Reason: To prevent water pollution and protect the nature conservation interests of the Slade Brook and to accord with policies E2 and E1 the Gloucestershire Minerals Local Plan. 38. 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 should be at least equivalent to the capacity of a single 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 watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pip outlets should be detailed to discharge downwards into the bund.

Reason: To prevent water pollution and protect the nature conservation interests of the Slade Brook and to accord with policies E2 and E1 of the Gloucestershire Minerals Local Plan.

39. Within six months from the date of this permission a scheme for the provision and implementation for surface water run-off limitation shall be submitted for the written approval of the Minerals Planning Authority. Thereafter the approved scheme shall be implemented in full for the duration of operations.

Reason: To prevent the increased risk of flooding in accordance with Policy E12 of the Gloucestershire Minerals Local Plan.

40. There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

Reason: To prevent water pollution and protect the nature conservation interests of the Slade Brook and to accord with policies E2 and E1 the Gloucestershire Minerals Local Plan.

41. Prior to being discharged into any watercourse, surface water sewer or

soakaway system, all surface water drainage from parking areas and hard standings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason: To prevent water pollution and protect the nature conservation interests of the Slade Brook and to accord with policies E2 and E1 of the Gloucestershire Minerals Local Plan.

Ecology 42. Topsoil, subsoil and overburden stripped from the site shall be stored and used as appropriate in the approved restoration and landscaping proposals. No topsoil or subsoil shall be removed from the site. All work of soil stripping,

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stockpiling and reinstatement shall be carried out when the material is in a dry and friable condition. Reason: To ensure that suitable material is available for the restoration and landscaping of the site and in accordance with Policies R1 and R2 of the Minerals Local Plan. 43. Prior to the commencement of development the documents entitled:

‘Summary of Ecological Impacts, Mitigation and Enhancement Measures’ and ‘Predicted Biodiversity Gains from Restoration of Land within the Stowe Quarry Extension’ shall be updated to reflect the proposed developments and submitted to the Minerals Planning Authority for written approval and therefore implemented as approved and subsequently reviewed every 3 years, commencing from the date of this permission , in conjunction with by the Minerals Planning Authority.

Reason: In the interests of visual amenity, nature conservation interests, biodiversity and to ensure the satisfactory restoration of the site and to accord with policies E10, R1, R2, R3 and DC1 of the Gloucestershire Minerals Local Plan.

Landscaping, Restoration and Aftercare 44. Prior to commencement of the construction of the Environmental Bund a

landscape scheme detailing the types and species of native shrubs/trees of local provenance to be planted on the Environmental Bund shall be submitted for approval of the Minerals Planning Authority and thereafter the scheme shall be undertaken in the next available planting season in accordance with the approved scheme.

Reason: To provide additional visual mitigation and to provide for early completion of restoration of the area in accordance with Policies R1, R2, and DEC1 of the Gloucestershire Minerals Local Plan. 45. Within 6 months of the commencement of development a landscape scheme including: Hedgerow, Tree and Shrub Mitigation and an Aftercare Scheme based on the Ecological Advice Note dated 10th July 2009 and the ‘Bund Tree Planting Scheme’ Dated 17/07/09 shall be submitted to and approved by the Minerals Planning Authority. The scheme shall cover: (i) Stowe Hill Quarry and extension (depicted by drawing C29.L/6E) The Scheme shall be carried out as approved, unless otherwise approved in writing by the Minerals Planning Authority.

Reason: To conserve and enhance features of recognised importance for landscape and wildlife in accordance with Policy E10 of the Gloucestershire Minerals Local Plan.

46. No tree, shrub or hedge removal shall take place between 1st March and 31st August inclusive unless a survey to assess the nesting bird activity on

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the site during this period has been undertaken and a method of working to protect any nesting bird interest found established and then implemented.

Reason: to ensure that wild birds building or using their nests are protected in Policy E10 of the Gloucestershire Minerals Local Plan. 47. Any tree or shrub planted, hedgerow translocated or any seeding, undertaken

as a requirement of this permission, which dies or become diseased or seriously damaged during a period of five years from its planting, shall be replaced in the next planting season with another of similar size and species or seed mix unless previously agreed in writing with the Minerals Planning Authority.

Reason: In the interest of the visual amenity of the local area and local

biodiversity in accordance with Policies DC1, DC2 and E10 of the Gloucestershire Minerals Local Plan.

48. Within 6 months of the construction of the environmental bund a restoration

scheme for the Site shall be submitted to the Minerals Planning Authority for approval in writing and in advance detailing the restoration of the site to a Calcareous Limestone Grassland and wetland colonisation with shallows and shall be designed to comply with the approved Stowe Hill Quarry restoration scheme unless otherwise approved in writing by the Minerals Planning Authority.

Reason: To ensure appropriate landscape restoration of the site in accordance with Policies DC1, DC2 and E10 of the Gloucestershire Minerals Local Plan 1997 - 2006 and Policy NHE8 of the Gloucestershire Structure Plan Second Review.

49. Within 6 months of the construction and landscaping of the environmental bund the operator shall arrange a site inspection of the bund with the Minerals Planning Authority.

Reason: To ensure appropriate landscape restoration of the site in accordance with Policies DC1, DC2 and E10 of the Gloucestershire Minerals Local Plan 1997 - 2006 and NHE8 of the Gloucestershire structure Plan Second Review

50. Prior to the conclusion of restoration works the operator shall arrange a site inspection with the Minerals Planning Authority on the 3rd and 5th year following the completion of all restoration works to assess the restoration and aftercare scheme and any mitigation measures to be required.

Reason: This is to ensure the works are proceeding in accordance with the approved phasing and aftercare plans and that the desired restoration landscape is being achieved in the interest of visual amenity of the area and to protect the existing natural landscape features in accordance with Policy 37 of the adopted Gloucestershire Waste Local Plan and Policies E10 R1 and R2 of the Gloucestershire Minerals Local Plan.

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Review and Liaison Arrangements

51. The operator shall organise Management and Monitoring Review Group meetings to consider the hydrological monitoring information and quarrying operations including restoration. The Review Group members shall include the quarry operator and representatives, English Nature and the Minerals Planning Authority. The first two review meetings shall be held at six monthly intervals, the first shall take place six months after the grant of this permission. Thereafter the review meetings will be held annually unless otherwise agreed in writing with the Minerals Planning Authority. At least one week before any meeting of the Management and Monitoring Review Group the operator shall circulate details of the quarry working log and water monitoring results to all attendees. Reason: To ensure the satisfactory working and restoration practised do not prejudice nature conservation interests and to accord with Policy E2, E10 and R2 of the Gloucestershire Minerals Local Plan.

Advice Notes to Applicant

If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the operator wishes more specific advice from the Environment Agency (EA) they will need to contact the EA’s national permitting team on 08708 506 506 or look at available guidance on the EA website www.environment-agency.gov.uk/subjects/waste/ If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from the EA. (Paragraph 19 Exemption)

The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations.

As part of any Permit or Exemption, the application will need to demonstrate that only strictly inert, uncontaminated materials are used in the creation of the proposed bund or haul road. The site is located on a major aquifer therefore protection of groundwater is important and the requirement to use appropriate waste material is necessary to protect groundwater. Accordingly it may be necessary for the applicant to submit to the EA a method statement describing how material will be sourced and tested prior to importation to site as part of their Environmental Permit/Exemption. This is not deemed necessary for the planning application given that the proposals in the submitted documentation indicate that inert materials are to be used.

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The Local Highway Authority will require the developer to enter into a legally binding agreement to secure the proper implementation of the proposed highway works including an appropriate bond. The Public Right of Way affecting the site must be dealt with under Section 257 of the Town and Country Planning Act 1990 in consultation with the Local Highway Authority. The applicant is advised to contact the Director of Environment, Shire Hall, Gloucester, by telephoning 01452 425595 in regards to the affected Public Right of Way. In relation to the County Council’s Service Level Agreement with the Local Biological Records Centre and to assist in the strategic conservation of countywide biodiversity, all species and habitat records from the ‘Ecological Advice Note’ dated 10th July 2009 should be copied [preferably in electronic format] to the Gloucestershire Centre for Environmental Records (GCER). BACKGROUND PAPERS: Application 09/0016/FDMNRM and accompanying plans and supporting information. Planning Permission DF/2238/X Consultation responses and representations CONTACT OFFICER: Jason Betty, Principal Planning Officer. Gloucester 426400

Consultee Time taken (weeks)

Forest of Dean District Council 6 weeks 6days

Environment Agency 31 weeks

Development co-ordination 3 weeks

Landscape 8 weeks

Ecology 2 days

Archaeology 1 day

Newland Parish Council 1 week

Natural England 16 weeks 1 day

Minerals & waste Policy 30 weeks

Time taken 32 weeks 1 day

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