DEVELOPMENT CONTROL AND REGULATION COMMITTEE 5 April 2019

A report by the Acting Executive Director - Economy and Infrastructure _____________________________________________________________________ Application Reference No. 3/18/9006

Proposal: Change of use of stocking area for quarry to use for processing excavated

mineral waste and processing inert waste to produce secondary aggregate

and a replacement site cabin.

Location: Stoneraise Quarry, Salkeld Road, Great Salkeld, Penrith, Cumbria, CA11 9NF

Applicant: APK Construction Services UK Ltd

Date Valid: 20 December 2018

Reason for Committee Level Decision: Extension to time limit. _____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission be granted subject to conditions as set out in Appendix 1 to this report.

2.0 THE PROPOSAL

2.1 Planning permission is sought for change of use of the existing stocking areas which was formed during quarrying operations at Stoneraise Quarry, for the quarry to be used for processing of excavated mineral waste and processing inert waste to produce secondary aggregate and a replacement site cabin. Stoneraise Quarry has permission to operate until 21 February 2042.

2.2 The proposal involves excavating mineral waste which has been stockpiled on site during previous quarrying operations, the waste material is remnants of sandstone which has not been able to be used or sold. The proposal is to use this material to create a secondary aggregate (secondary aggregate is material which is used in construction works and consist of sand, gravel, crushed stone, recycled concrete, asphalt and bricks and slag). The mineral waste would be excavated by front end loader and then processed as necessary through a crusher, and screened to produce a number of recycled aggregate products.

2.3 The area of mineral waste to be excavated and processed is approximately 6,200m². The depth of the material to be extracted would be a maximum of 7m in depth. It is anticipated that this would give a workable deposit of 44,100 m³. This would provide up to 88,200 tonnes of material.

2.4 The proposal is to extract and process up to 25,000 tonnes per annum, this is an absolute maximum. It is anticipated that a more realistic figure of 12,500 tonnes per annum would be achievable. The working of the material would start at the western extent and work eastwards. It is anticipated that the works would take around 7-8 years to complete.

2.5 There are stone off-cuts at the site which are primarily sandstone, it is proposed to blend this with the inert wastes to meet a specification suitable for its intended use. The proposal also includes the importation of up to 25,000 tonnes of inert waste to be processed similarly to the mineral waste by crushing and if

necessary screening to size before blending. The 25,000 tonnes is a maximum and it is anticipated that this is more likely to be nearer 5-10,000 tonnes per annum.

2.6 Development of the site would include the erection of three aggregate bays each 4m high, one containing 4 bays and two containing 2 bays. These bays would be concrete in construction and would be used for the storage of material awaiting processing. The bays would be temporary and once working proceeds in this area the bays would be dismantled and relocated to allow the remaining deposit to be extracted.

2.7 The replacement site cabin would measure 18.27m x 4.25m x 3m. This replaces an existing cabin in the same position.

2.8 It is proposed to work the site to 169m AOD and restore the site to lowland heathland.

2.9 APK Construction Services UK Ltd have obtained a 10 year lease to operate the facility from Blockstone who operated the site as a quarry and remain as landowner.

3.0 SITE DESCRIPTION

3.1 Stoneraise Quarry borders two Cumbria Landscape Classification Type’s 6 Intermediate Farmland and 10 Sandstone Ridge. This is predominately grazing farmland between 100-200m AOD. It is intermediate between the lowland and more rolling upland types. The upland areas consist of unimproved heathland and deciduous woodland.

3.2 Stoneraise Quarry is screened from public views by the existing tree screening. The proposal does not include any works to the trees. Stoneraise Quarry is located in a rural area of the Eden Valley. Uses in the area are mixed agricultural and quarry workings (Red Rock, Bowscar and Crag Nook Quarries).

3.3 Stoneraise Quarry is accessed by the C3002 (Penrith to Great Slaked Road). The C3002 connects to the U3060 (Bow scar road) which connects on to the B5306 and the M6. Stoneraise Quarry is approximately 3.6km from the strategic highway route of the B5306.

4.0 SITE PLANNING HISTORY

4.1 Stoneraise Quarry received planning permission in 1971 for a temporary period expiring on 31 December 1976. Since this time a number of temporary planning permissions have been granted. Planning permission 3/97/0261 was granted which linked the operations to Crag Nook Quarry which has planning permission to operate until 21 February 2042.

5.0 CONSULTATIONS AND REPRESENTATIONS

5.1 Eden Planning Department: No response received.

5.2 Great Salkeld Parish Council: No objections.

5.2.1 CCC Highway Authority: No objection. The application proposes to utilise the current access arrangement on the public highway. The Transport Assessment provided demonstrates that the traffic generation has a marginal impact on the

highway network and as such I would have no objection with the proposal.

5.3 CCC Lead Local Flood Authority: No objection. Having assessed the details supplied, it is noted that the application site is in Flood Zone 1 and is not at risk of flooding from River or coastal sources, and there is no surface water flooding. The proposal does not increase the impermeable surface area.

5.4 Eden Environmental Health Department: No objection subject condition being imposed with regards to noise impacts.

5.5 Environment Agency: No objection in principle. The quarry excavation must not be deepened as a result of the proposed processing of mineral waste and inert wastes.

5.6 Natural England: No objection is raised with regards to the operations. As the operations would not impact on Wan Fell SSSI. However, the restoration of the site needs to be addressed and an appropriately worded condition needs to be included.

5.7 No representations have been received.

6.0 PLANNING POLICY

6.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.

6.2 The Cumbria Minerals and Waste Local Plan 2015-2030 was formally adopted on 6 September 2017. The key policies relevant to the determination of this planning application are considered to be:

Policy SP2 - Provision for Waste Policy DC1 - Traffic and Transport Policy DC2 - General Criteria Policy DC3 - Noise Policy DC5 - Dust Policy DC6 - Cumulative Environmental Impacts Policy DC16 - Biodiversity and Geodiversity Policy DC18 - Landscape and Visual Impact Policy DC19 - Flood Risk Policy DC20 - The Water Environment Policy DC22 - Restoration and Aftercare

6.3 Eden Local Plan – 2014-2032

Policy EC2 – Protection of Employment Sites

Policy ENV1 – Protection and Enhancement of the Natural Environment, Biodiversity and Geodiversity

Policy ENV2 – Protection and Enhancement of Landscape and Trees

Policy ENV5 – Noise, Vibration and Dust

6.4 The National Planning Policy Framework (NPPF) was published in July 2018.

The national online Planning Practice Guidance (PPG) suite was launched in

March 2014. Both are material considerations in the determination of planning

applications. The following sections and paragraphs of the NPPF and/or PPG are

considered to be relevant to the determination of this application:

Paragraph 11 – There is a presumption in favour of sustainable development.

Paragraph 38 – Local Planning Authorities should approach decisions on

proposed development in a positive and creative way … Decision-makers at

every level should seek to approve applications for sustainable development.

Paragraph 42 – Planning law requires that applications for planning permission

be determined in accordance with the development plan, unless material

considerations indicate otherwise.

Paragraph 80 – Planning policies and decisions should help create the conditions

in which businesses can invest, expand and adapt. Significant weight should be

placed on the need to support economic growth and productivity, taking into

account both local business needs and wider opportunities for development.

Paragraph 83 – Planning policies and decisions should enable the sustainable

growth and expansion of all types of business in rural areas.

Paragraph 102 – Transport issues should be considered from the earliest stages

of plan-making and development proposals, so that … patterns of movement and

other transport consideration integral to the scheme.

Paragraph 109 – Development should only be prevented or refused on highway

grounds if there would be an unacceptable impact on highway safety, or the

residual cumulative impacts on the road network would be severe.

Paragraph 175 – When determining planning applications, local planning

authorities should apply the following … development whose primary objective is

to conserve or enhance biodiversity should be supported.

Planning Practice Guidance: Waste; Flood risk and coastal change; Health and wellbeing; Light pollution; Natural environment; Noise;

6.5 National Planning Policy for Waste (October 2014) sets out the Government’s ambition to work towards more sustainable and efficient approach to resource use and management. Delivery of sustainable development and resource efficiency, including provision of modern infrastructure, local employment opportunities and wider climate change benefits, by driving waste management up the waste hierarchy. The National Planning Policy for Waste should be read in conjunction with the NPPF, the Waste Management Plan for England and National Policy Statements for Waste Water and Hazardous Waste.

6.6 The Waste Framework Directive 2018/851 makes amendments to Directive 2008/98/EC on waste (The Waste Framework Directive) which provides the legislative framework for the collection, transport, recovery and disposal of waste.

6.7 The Waste (England and Wales) Regulations 2011 requires everyone involved in waste management to take, in the transfer of waste, all reasonable measures to apply the waste hierarchy.

6.8 Government Review on Waste Policy in England 2011 sets out the objective of aiming for a zero waste economy in which material resources are re-used, recycled or recovered whenever possible and only disposed of as the option of last resort. There is a clear requirement that materials are re-used, recycled or recovered where possible and only disposed of as a last option. There is a clear requirement to drive the treatment of waste up the hierarchy from landfill.

6.9 Waste Management Plan for England (2013) provides an analysis of the current waste management situation in England and sets out how Government Policy would support the implementation of the revised WFD.

7.0 PLANNING ASSESSMENT

7.1 I consider the key planning issues relevant to the proposed schemes are considered to be:

How would the change of use in operations impact on the area?

7.2 Quarrying operations in the area have taken place since the early 1900’s, there is evidence of various operations since this time. The earliest planning record for Stoneraise Quarry operations is planning application PA3083 dated 1971 and has operated during this time successfully. Stoneraise Quarry is a small scale operation in the area which consists predominately of agricultural activities and small scale quarrying operations.

7.3 The previous operations at Stoneraise Quarry involved the quarrying of rock, disposal and the processing/cutting of rock within the workshops. The operations proposed would be the processing of the existing rock by using a crusher and screener on site.

7.4 The proposal to change the use of the operations would not have any additional impacts than the quarrying activities which have been undertaken at the site since the early 1970’s until recent times.

Would the proposal have any landscape and visual impact?

7.5 CMWLP 2015 to 2030 Policy DC18 landscape and visual impact requires development to be compatible with the distinctive characteristics and features of Cumbria’s landscape ensuring development proposals avoid significant adverse visual impacts.

7.6 Stoneraise Quarry is located in Cumbria Landscape Character Type areas 10 (sandstone ridge) and 6 (intermediate farmland). The land cover is dominated by improved farmland along the lower parts of the ridge with large blocks of conifer plantations and mixed deciduous woodland. Stoneraise Quarry has been active since the early 1970’s, there have been no complaints received with regards to operational development being visible outside the site.

7.7 Stoneraise Quarry is enclosed within a woodland area approximately 90m from the nearest highway (C3002). There are no public footpaths in close proximity to Stoneraise Quarry, thereby public views of operations are restricted to the

C3002 and these views are restricted to viewing the entrance of the quarry which consists of a vehicular access and these are glancing views as you are travelling past the site.

7.8 The nearest property to Stoneraise Quarry is Madras approximately 110m south east of the operations. Due to the contours of the land and the tree belt the operations from Stoneraise Quarry cannot be seen from Madras. Stoneraise Bungalow is 130m north east of Stoneraise Quarry, there is a tree screen belt which protects views of operations from Stoneraise Quarry.

7.9 I consider the proposal complies with Policy DC18 of CMWLP 2015 to 2030 as the activities from the quarry would be adequately screened from public view points and would not have any landscape and visual impacts on the area.

Would the change of use impact on the highway network?

7.10 CMWLP 2015-2030 Policy DC1 traffic and transport requires developments to be well related to the strategic highway network and minimise minerals and waste road miles. The planning application has been accompanied with a Transport Assessment.

7.11 Access to Stoneraise Quarry is via a private access track of 90m onto the C3002 which connects onto the U3060 and the A6/B5305 at Stoneybeck, which links onto the M6 strategic highway network. There is a distance of 5.6km between Stoneraise Quarry and M6 strategic highway network.

7.12 Approximately 88,200 tonnes of material is available on site. The throughput of processed material at Stoneraise Quarry is a maximum of 25,000 tonnes per annum could be extracted and processed with an additional 25,000 tonnes of inert waste imported to be blended with the inert material from site, making a total of 50,000 tonnes being processed at Stoneraise Quarry. It is envisaged that the actual throughput would be 12,500 tonnes extracted and processed and between 5-10,000 tonnes imported and mixed on site, giving a maximum of 25,000 tonnes per annum being processed.

7.13 The transport assessment has been undertaken on average of a 9 tonne vehicle accessing the site. On the maximum rate of 50,000 tonnes per annum, assume 278 days per year worked equates to 180 tonnes per day, on a 9 ton vehicle this equates to 40 HGV movements per day (20 in/20 out). Given that the envisaged processing will amount to 25,000 tonnes per annum, the vehicle movements would be half of the maximum, which would be 20 HGV movements (10 in/10 out).

7.14 With regards to other vehicle movements the site employs 5 members of staff.

7.15 In light of previous quarrying activities and uses undertaken from Stoneraise Quarry. CCC Highways have raised no concerns to the proposed re-use of the quarry as there would be no additional impacts on the highway. I consider the HGV movements comply with CMWLP Policy DC1 as the site is well related to the strategic highway network and provides a much needed local service.

How would the change of use of operations impact on Wan Fell Site of Special Scientific Interest (SSSI)?

7.16 Cumbria MWLP 2015-2030 Policy DC16 requires waste developments are

required to identify where appropriate any potential impacts on important biodiversity and geological conservation assets; their potential to enhance, restore or add to these resources and contribute to national and local biodiversity and geodiversity objectives and targets. The planning application has been accompanied by an Extended Phase 1 Habitat Survey.

7.17 Stoneraise Quarry adjoins Wan Fell Site of Special Scientific Interest (SSSI) along the north western boundary. Wan Fell SSSI forms part of the larger Lazonby Fell SSSI which is particularly important in Cumbria as a very good and increasingly rare example of essentially lowland heathland. Heathland was the predominant vegetation over much of the sandstone country in this part of Cumbria, however most now has been converted to grassland or plantation woodland.

7.18 The Extended Phase 1 Habitat Survey has assessed the application site for impacts on flora and fauna assessing the site for birds, reptiles, badgers, bats, amphibians, invertebrates, otter and water vole, red squirrel, terrestrial invertebrates and non native species. Flora has been assessed with petty whin, common cudweed and field gentian located in the area.

7.19 The Extended Phase 1 Habitat Survey concludes that the proposed activities could have the potential to impact directly on the SSSI through the spread of invasive species through the introduction of contaminated material. There is also the possibility of indirect impacts through particulate pollution through dust and vehicle emissions. Stoneraise Quarry is an existing operational quarry and impacts already occur. Mitigation measures can be controlled by appropriately worded conditions to ensure the impacts would be kept to a minimum and do not create any additional impacts on Wan Fell SSSI.

7.20 Whilst the current site boundary extends into the SSSI the actual working area being considered under this planning application does not. The status of the site adjoining the application site as SSSI do not have the same protection as a European Protected Site (i.e. RAMSAR, SPA, SAC etc.) and therefore does not require an Appropriate Assessment to be undertaken. The operational site boundary would be 3m outside the SSSI boundary. The operations would not impact on the setting or disturb any features on the SSSI, as quarry operations and activities already impact on the SSSI.

7.21 Natural England requested that a restoration scheme be submitted for the site as the operations impact on Wan Fell SSSI. The application site edged red is outside the boundaries for Wan Fell SSSI and the applicant only has a 10 year lease on Stoneraise Quarry. A condition is proposed to ensure the application site boundary is clearly marked to ensure that the proposed operations do not stray on Wan Fell SSSI.

7.22 With regards to restoration of the site a condition is proposed for the applicant to provide an appropriate restoration scheme for the site.

7.23 I therefore consider that there would be no additional impacts on the SSSI by the proposed operations over and above the existing quarrying operations. The restoration of the site is the responsibility of the landowner and not the tenant. An appropriately worded condition is proposed to ensure proposed operations do not stray onto Wan Fell SSSI. I therefore consider the proposal would not impact on Wan Fell SSSI and complies with Cumbria MWLP 2015-2030 Policy DC16.

Would the proposed operations have any additional noise impact?

7.24 Cumbria MWLP Policy DC3 requires minerals developments not to exceed background noise levels LAeq 1 hour (freefield) by more than 10dB(A) at noise sensitive properties, subject to weekday daytime maximum 55 dB(A), Saturday maximum 55dB(A), evening 55dB(A) night time 42 dB(A) LAeq 1 hour (free field). The application has been accompanied with a Noise Assessment.

7.25 Stoneraise Quarry is located in a rural location with the nearest properties being Madras approximately 110m south east and Stoneraise Bungalow is 130m north east. Operations at Stoneraise Quarry have not generated any noise complaints however the operations were slightly different as they were quarrying operations and the noise generated would have been through blasting and operational traffic/machinery. The proposed operations entails additional noise as machinery operations would be more constant through the screening and crushing of material.

7.26 The operational machinery proposed for the revised working is metrotrak crusher, warrior screener and Volvo L50 front wheeled loader, machinery would operate as per manufactures specification, which is required to be to low noise levels. The machinery would be operated behind the proposed 4m high aggregate bays, there would be a distance of 130m between loading operations and Madras and there would be a distance of 164m from Stoneraise Bungalow. The aggregate bay would act as an additional noise buffer between the operations at Stoneraise Quarry and Madras Bungalow along with the woodland area which would further reduce operational noise.

7.27 Eden DC Environmental Health Officer had originally raised concerns with regards to noise from the operations infringing on the amenities of local residents particularly occupiers of Madras, a condition has been recommended to protect the amenities of the residents. Environmental Health have confirmed that the condition addresses their concerns on noise impacts to local residents.

7.28 I therefore consider the impacts on the amenities of local residents from noise can be controlled by appropriately worded conditions and therefore complies with Cumbria MWLP 2015-2030 Policy DC3.

How would the change of use of the operations impact on environmental impacts of the area?

7.29 Dust: Any impact of dust from the operations can be addressed by a dust suppression system being installed. I consider an appropriately worded condition can address this and complies with CMWLP 2015-2010 Policy DC5.

7.30 Vibration: The nearest dwelling to operations is Madras approximately 130m south of the operations. The operational machinery from the operations would have little impact on the amenities of the residents of Madras, vehicular traffic passing the property on C3002 would have more impact than operations from Stoneraise Quarry. I therefore consider that vibration from the proposed operations would not impact on the amenities of local residents and the proposed development complies with Cumbria MWLP 2015-2030 Policy DC2.

7.31 Historic Environment: The nearest Listed Building is Inglewood Bank approximately 880m south east of Stoneraise Quarry. The operations would not impact on the setting of the Listed Building. I therefore consider that the Historic

Environment would not be impacted on and the development complies with Cumbria MWLP 2015-2030 Policy DC17.

7.32 Flood Risk and Surface Water Flooding: Stoneraise Quarry lies in Flood Zone 1 (low flood risk) and there is no evidence of surface water flooding from the operational area. The operation proposed does not entail altering the existing working ground levels. The Environmental Agency have raised no concerns with regards to operations subject to these not lowering existing ground levels to ensure this is maintained. A condition is proposed recommending that no workings shall go below 169m AOD. I therefore consider that flood risk and surface water flooding would not impact outside the site and the proposed development complies with Cumbria MWLP 2015-2030 Policy DC19.

7.33 External Lighting: Stoneraise Quarry is located in a rural location and thereby is susceptible to possible glare and impact on the night sky’s if external lighting was to be installed. The Waste Planning Authority could not support the installation of permanent lighting to the operations. However it appreciates that temporary lighting would be required during the winter months at the beginning and end of the working day. A condition for the control of temporary light is proposed to ensure that these are not left switched on overnight. I consider that any external lighting can be controlled by an appropriately worded condition and therefore complies with Cumbria MWLP 2015-2030 Policy DC2.

7.34 Hours of Operation: It is proposed to operate the facility between 07.00 to 19.00 Monday to Friday and 07.00 to 13.00 on Saturday’s with no working Sunday’s and Bank/Public Holidays. These operating hours have been implemented previously on Stoneraise Quarry, and have operated without any complaints. Whilst there is no issue with the operating hours it is proposed to control the operation of machinery within the site to hours which would not impact on the amenities of local residents, this would be controlled by an appropriately worded condition.

7.35 Employment: Stoneraise Quarry is located in a rural area where employment is mainly through small operators. The operations would create 5 permanent jobs and would also have indirect jobs linked to the operations. I therefore consider that the operations would bring about some economic benefit for the area and complies with Cumbria MWLP 2015-2030 Policy SP14 and Eden Local Plan 2014-2032 Policy EC2.

7.36 Impact on the amenities of local residents: Stoneraise Quarry has operated since the early 1970’s thereby there has been an impact on amenities of residents since this time. The area has a number of small scale quarry operations in the area namely Crag Nook, Red Rock Canyon and Bowscar Quarry. The continued operations would not have any additional impact on the amenities of local residents. I therefore consider the continued operations at Stoneraise Quarry complies with Cumbria MWLP 2015-2030 Policy DC2.

8.0 CONCLUSION

8.1 I consider the operation at Stoneraise Quarry would continue to provide a service to the area, recycling and reusing a valuable asset.

8.2 I have considered the impacts of the development on the area including landscape and visual impacts; impacts on the highway network; impact on groundwater and environmental impacts; impacts on biodiversity and the setting

of the SSSI. All the impacts have been duly considered and where appropriate mitigation measures would be in place and controlled by appropriately worded conditions where necessary.

8.3 I have considered the impact of the proposed development in terms of compliance with Local and National Planning Policy and believe that the proposal complies with all relevant policies.

8.4 In summary, it is considered that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions proposed, any potential harm would reasonably by mitigated. It is therefore recommended that this application be granted subject to conditions.

Human Rights

8.5 The Human Rights Act 1998 requires the County Council to take into consideration the rights of the public under the European Convention on Human Rights. Article 8 of the Convention provides that everyone has the right to respect for his private life and home save for interference which is in accordance with the law and necessary in a democratic society in the interests of, amongst other things, public safety, the economic wellbeing of the country or the protection of the rights and freedoms of others. Article 1 of Protocol 1 provides that an individual’s peaceful enjoyment of his property shall not be interfered with save as necessary in the public interest and subject to conditions provided for by law. For any interference with these rights to be justified the interference needs to be proportionate to the aims that are sought to be realised. The County Council has a duty to consider the policies of the development plan and to protect the amenities of residents as set out in those policies.

8.6 The proposal would have a limited impact on the visual, residential and environmental amenity of the area but it is considered that those impacts would be insufficient to interfere with the rights of the applicant and satisfactory controls could be imposed on the proposed development to protect the amenities of the most affected residents. The impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) would be minimal and proportionate to the wider social and economic interests of the community and could be satisfactorily controlled by planning conditions.

Angela Jones Acting Executive Director - Economy and Infrastructure Contact: Mrs Jayne Petersen

Electoral Division Identification: Penrith North

Appendix 1 Ref No. 3/18/9006

Development Control and Regulation Committee – 5 April 2019

Appendix 1 - PROPOSED PLANNING CONDITIONS TIME LIMIT FOR IMPLEMENTATION OF PERMISSION

1 This permission shall be for a limited period only expiring on 5 April 2029, by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery, including foundations and hardstandings shall have been removed from the site, and the site shall have been restored in accordance with the approved scheme.

Reason To secure the proper restoration of the site following the sought period for

mineral extraction, in accordance with CMWLP 2015-2030 Policy DC22.

APPROVED SCHEME

2 The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following:

a. The submitted Application Form – dated 18 December 2018 b. Supporting Statement – dated December 2018 c. Noise Assessment – dated 28 November 2018 (revised) d. Transport Assessment – undated e. Extended Phase 1 Habitat Survey Report – dated December 2018 f. Plans numbered and named:

i) Figure 1 – Location plan ii) Figure 2 – Site layout iii) Drawing No K35558/A1/03 A – Foul water and drainage layout

g. The details or schemes approved in accordance with the conditions attached to this permission.

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3 From the commencement of the development to its completion, a copy of the approved scheme and any other documents subsequently approved in accordance with this permission shall always be available on site for inspection during normal working hours. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason: To ensure that those operating the site are conversant with the approved

scheme and are aware of the requirements of the planning permission. 4 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any other order revoking and re-enacting that order), planning permission shall be sought and obtained from the Local Planning Authority, before any buildings, structures, or erections, plant or machinery (other than those permitted by this permission) are erected on the site or on any ancillary mining land.

Reason: To maintain control over additional built development upon the site in the

interest of amenity, in accordance with CMWLP 2015-2030 Policy DC2. 5 There shall be no storage of any scrap or redundant machinery arising on site.

Any scrap or redundant machinery should be removed from site as soon as reasonably practicable.

Reason: To minimise the visual impact of the development in the open countryside, in

accordance with CMWLP 2015-2030 Policy DC18.

WORKING DEPTH OF THE QUARRY OPERATIONS 6 No workings shall take place below 169m AOD. Reason: To ensure that no working takes place below the water table and thus

prevent the derogation of local groundwater resources and/or groundwater features, and to prevent the restored land becoming waterlogged or flooded in accordance with CMWLP 2015-2030 Policy DC 20.

HOURS OF OPERATION 7 No operations, including the loading or transportation of minerals, movement of

road vehicles on and off the site, shall take place on site outside the hours: 07.00 to 19.00 Mondays to Fridays 07.00 to 13.00 on Saturdays Crushing and screening operations shall only take place between the hours of 08.00 to 17.00 Mondays to Fridays 08.30 to 12.30 on Saturdays No operations of plant, machinery or loading or transportation of minerals, shall take place on Sundays or on Bank or Public Holidays. This condition shall not, however, operate so as to prevent the use of pumping equipment, the carrying out of essential maintenance to plant and machinery used on site.

Reason: To ensure that no operations hereby permitted take place outside normal working hours which would lead to noise having an unacceptable impact upon the amenity of local residents, in accordance with CMWLP 2015-2030 Policy DC2.

ACCESS AND TRAFFIC 8 There shall be no vehicular access to or egress from the site other than via the

approved access, unless otherwise agreed by the Waste Planning Authority. Reason: To avoid vehicles entering or leaving the site by an unsatisfactory route in the

interests of highway safety, in accordance with CMWLP 2015-2030 Policy DC1.

9 The total number of laden heavy goods vehicles per day leaving Stoneraise

Quarry shall not exceed 20 on Monday to Friday and 10 on Saturday. A record of all laden heavy goods vehicles leaving the site each day shall be maintained by the operator and access to this record shall be afforded to the Waste Planning Authority on request.

Reason: In the interests of highway safety and to ensure acceptable levels of impact of

lorry traffic on local residents and other road users, in accordance with CMWLP 2015-2030 Policy DC1.

10 No vehicle shall leave the site unless it is in a clean condition so as not to deposit

material on the public highway. Reason: In the interest of highway safety and local amenity. 11 The access road between the site and the public highway shall be kept clean and

maintained in a good standard of repair, free of potholes for the life of the operations.

Reason: In the interest of highway safety and local amenity.

CONTROL OF DUST 12 A programme of dust control measures are to be applied to include: an adequate

supply of water on site to ensure that the rate of application will be sufficient for the purposes of wetting the ground, all plant on site shall have exhausts fitted as specified by the manufacturer to prevent dust, speed controls shall apply to be agreed with the Waste Planning Authority and screening mounds shall be seeded to grass at the earliest opportunity in order to prevent windblown material occurring.

Reason: To ensure that material is not released into the air or deposited upon the

highway in the interest of local amenity and highway safety, in accordance with CMWLP 2015-2030 Policy DC5.

13 Efficient means shall be used for cleaning all vehicles leaving the site (with the

exception of cars), maintained for the life of operations and used to ensure that no mud, sand or other material from the site is deposited upon the public highway.

Reason: To prevent the vehicles carrying material from the site onto the public highway

in the interests of highway safety, in accordance with CMWLP 2015-2030 Policy DC2.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE 14 Throughout the period of working, restoration and aftercare, the operator shall

protect and support any ditch, watercourse or culvert passing through the permission area, or satisfactorily divert it and shall not impair the flow or render less effective drainage onto and from land adjoining.

Reason: To safeguard local watercourses and drainages and avoid flooding.

15 Throughout the period of working and restoration, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved operations.

Reason: To avoid the pollution of any watercourse or ground water resource. 16 Any facilities for the storage of chemicals, oils or fuels shall be sited on

impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks plus 10%. All filling points, vents, gauges and site 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 shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall discharge downwards into the bund.

Reason: To avoid the pollution of any watercourse or ground water resource. CONTROL OF LIGHTING 17 All artificial lighting units installed on the site shall be so sited and shielded as to

avoid light pollution in the rural area and to the night sky. These shall not operate between the hours of 19.15 to 06.45.

Reason: To minimise the effects of light pollution, in accordance with Policy DC2 of the

Cumbria Minerals and Waste Local Plan 2015-2030. CONTROL OF NOISE 18 Noise from the development hereby approved shall not exceed 41 dB(A) (LAeq

1hour free field) when measured at Madras located to the east of Stoneraise Quarry. In the event that a complaint about noise is received by the operator, Cumbria County Council or Eden District Council, noise monitoring shall be undertaken within 7 days of the complaint to establish whether there is exceedance of the noise limit. The results of the monitoring shall be provided to the Mineral Planning Authority within 7 days of its completion. If the monitoring reveals that there is an exceedance of the noise limit, the operator shall include within its report on noise monitoring a scheme of attenuation measures to further reduce noise from the operations and a programme for the implementation of these attenuation measures. The scheme of attenuation measures shall be submitted for approval by the Mineral Planning Authority. Once approved the noise attenuation measures shall be implemented in accordance with the approved programme and shall thereafter be retained for the duration of operations

Reason: To minimise the effects of noise pollution, in accordance with Policy DC3 of

the Cumbria Minerals and Waste Local Plan 2015-2030. 19 The crusher and screening machinery shall not be operated outside the

application site edged red as shown on Figure 2 dated December 2018.

Reason: To minimise the effects of noise pollution, in accordance with Policy DC3 of

the Cumbria Minerals and Waste Local Plan 2015-2030. CONTROL OF ECOLOGY AND TREES 20 No operations shall take place outside the application site edged red as shown

on Figure 2 (Site Layout) dated December 2018. The application site boundary shall be clearly marked out on the ground by a fence or ranging poles or posts to prevent any operations impacting on Wan Fell SSSI.

Reason: To ensure that there is no impact of operations on Wan Fell SSSI. 21 No trees, bushes or hedges within the development site shall be removed, lowered or pruned during the bird nesting season between 1 March and 31 July inclusive. If areas cannot be cleared outside this time, they should be checked for breeding birds in accordance with Natural England’s Guidance and, if appropriate, an exclusion zone set up around any vegetation to be protected. No work shall be undertaken within the exclusion zone until birds and any dependant young have vacated the area.

Reason: To protect nesting birds and to conform with Policy DC16 of the Cumbria MWLP 2015-2030. RESTORATION

22 No later than 5 April 2020 the applicant shall submit for written approval of the Waste Planning Authority a plan and detailed restoration scheme for the site. The scheme shall include :-

Source of imported materials (if required) to achieve desired levels and achieve appropriate restoration of habitat; • Planting scheme layout;

method of restoration;

methods and timing of soil placement;

the thickness of different soil layers;

methods to minimise and alleviate compaction of the soil profile;

a method for assessing whether or not additional drainage works will be necessary and methods for carrying out such works if required;

Objective criteria for assessing the need or otherwise and applications rates for additional fertiliser & lime;

Proposed seed mixes and method of sowing;

Proposed species mix and methods of planting; When approved the scheme shall be implemented in full

Reason: To secure the proper restoration of the site in the event that operations cease

prior to the full implementation of the scheme, in accordance with CMWLP. 23 No later than 5 April 2028 the applicant shall submit for written approval of the

Waste Planning Authority a plan and detailed final level scheme for the restored site. The scheme shall include :-

Plan showing the final levels;

Materials balance to demonstrate that proposed levels can be achieved;

When approved the scheme shall be implemented in full Reason: To secure the proper restoration of the site in the event that operations cease

prior to the full implementation of the scheme, in accordance with CMWLP.

AFTERCARE

23 On the completion of final restoration, the site shall be subject to a five year

aftercare period in accordance with the requirements of Section 72(5) of the Town and Country Planning Act 1990 (as amended).

Reason: To secure the proper restoration of the site in the event that operations cease prior to the full implementation of the scheme, in accordance with CMWLP Policy DC22. CESSATION OF OPERATIONS

24 In the event that working permanently ceases prior to the full implementation of the approved scheme, a revised scheme to include details of the restoration, aftercare and timescale for the completion of the restoration works, shall be submitted for approval to the Waste Planning Authority, within 12 months of the cessation of working. Such a revised approved scheme shall be fully implemented unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To secure the proper restoration of the site in the event that operations cease

prior to the full implementation of the scheme, in accordance with CMWLP Policy DC22.

Informative

This development will require an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016, Regulation 12.

In circumstances where an activity/operation meets certain criteria, an exemption from permitting may apply, more information on exempt activities can be found here: https://www.gov.uk/guidance/register-your-waste-exemptions-environmental-permits

The applicant should be advised that an environmental permit may also be required for discharging water used for processing either to the ground or surface water. Further advice may be found on the gov.uk website via link https://www.gov.uk/guidance/discharges-to-surface-water-and-groundwater-environmental-permits

The applicant is advised to contact the Environment Agency on 03708 506 506 to discuss the issues arising from the permit application process.

Restoration Guidance: The following guidance may be useful in terms of soil handling, import of materials and

successful restoration and aftercare; 1. To ensure that the site working and reclamation proposals meet the requirements

for sustainable minerals development, the proposals should be carefully considered against current Minerals Planning Practice Guidance, particularly section 6 on restoration and aftercare of minerals sites.

2. Some suggested conditions to safeguard soil resources and achieve a satisfactory standard of agricultural reclamation are attached, which may be of use.

3. Defra’s Good Practice Guide for Handling Soils provides detailed advice on the choice of machinery and method of their use for handling soils at various phases.

4. More general advice for planning authorities on the agricultural aspects of site working and reclamation can be found in the Defra Guidance for successful reclamation of mineral and waste sites.

Appendix 2 Ref No. 3/18/9006

Development Control and Regulation Committee – 5 April 2019

Appendix 2 - PLAN OF SITE LOCATION/EXTENT