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Page 1 of 25 Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Hingston Down Quarry, Chilsworthy, Gunnislake On 11 th October 2012 Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required. 0 0 70

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Page 1: Office Use Only Monitoring of Mineral and Landfill ...Monitoring of Mineral and Landfill Planning Permissions Report for Hingston Down Quarry, Chilsworthy, Gunnislake On 11th October

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Office Use OnlyMonitoring of Mineral and Landfill Planning Permissions

Report for Hingston Down Quarry, Chilsworthy, Gunnislake

On 11th October 2012

Report Summary No. of Conditions

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

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

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Page 2: Office Use Only Monitoring of Mineral and Landfill ...Monitoring of Mineral and Landfill Planning Permissions Report for Hingston Down Quarry, Chilsworthy, Gunnislake On 11th October

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Page 3: Office Use Only Monitoring of Mineral and Landfill ...Monitoring of Mineral and Landfill Planning Permissions Report for Hingston Down Quarry, Chilsworthy, Gunnislake On 11th October

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

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

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

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

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came

into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Hingston Down Quarry, Chilsworthy, Gunnislake Planning Permission(s): CN50/IDO(7) IDO - Determination of planning conditions - Approved on 30/05/1995 CN50/IDO(6) Determination of planning conditions for Interim Development Order CN50/IDO(6) - Approved on 30/05/1995

CN50 Winning and working of minerals and tipping of stone waste. - Approved on 11/07/1983 It is further acknowledged that there are 3 additional decision notices in relation to the approved use of this Quarry. They are: 1. IDO 10, Replacement of the existing Road Stone Coating Plant. Approved on 15th September 2003. 03/00475/PART19. This development has previously been undertaken and the plant is now fully operational. 2. Part 19 Class A. Permitted Development to change the use of an existing workshop building to a covered store. Granted on the 19th May 2009. These improvement works have recently been completed and the building is now in use. 3. Part 19 Class A. Modernisation of the Block yard, approved 30.07.1996. This area remains operational but production is limited due to market demands. While these were not monitored during this particular visit, they should be considered as part of the Review of Mineral Planning application which is currently being considered by the MPA.

Legal Agreement(s): None Operator: Hanson Ltd

Site Status: Active site

Type of Visit: Chargeable - Announced

Visiting Officer/s: Mr M Butfield, Development Officer, Natural Resources Team, Cornwall Council

Date of Visit: 11th October 2012

Time on Site: 1030

Time off Site: 1145

Attendees: Mr J Bown, Senior Estates Surveyor, Hanson Ltd

Weather: Heavy rain with Light Winds causing localised flooding

Report Author: Mr Mick Butfield

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3. Compliance with Planning Conditions NR/93/00002/MIN dated 30/05/1995

Condition Number and Description Condition 1. Expiration of Permission

The permission shall not be valid after 20th February 2042. Unless a further planning permission has been granted for a continuation of the operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plant machinery and temporary buildings removed and the land reinstated in accordance with the further conditions below.

Notes Following Visit This is recognised to be a post dated condition until the 20th February 2042. A review of mineral planning permission application has previously been received by the LPA but this has not been determined at the time of this visit.

Condition Number and Description Condition 2. Development according to submitted plans

No development shall be carried out other than in strict accordance with Drawing No. H016K/36 unless otherwise agreed in writing with the Mineral Planning Authority.

Notes Following Visit The quarrying and ancillary operations being undertaken on site are acknowledged to be in accordance with those as shown on drawing No HO16K/36. The following picture shows one of the recent areas of extraction located on the south eastern side of the quarry void.

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Condition Number and Description Condition 3. Hours of working

Except as may otherwise be agreed with the Mineral Planning Authority, no quarrying operations shall be carried out on the site including the crushing, screening or movement of processed stone to stockpiles except between 6.00am and 6.00pm on Mondays to Fridays and between 6.00am and 1.00pm on Saturdays. This condition shall not, however, operate so as to prevent the carrying out, outside these working hours, of essential maintenance to plant and machinery on the site, or the operation of pumps and ancillary machinery for water management purposes. There shall be no working on Sundays, Bank Holidays or National Holidays. The approved working hours for the manufacture of concrete blocks (in an area to be defined on a plan) shall not exceed the following:- between 7.00am and 8.00pm Mondays to Saturdays with no such blockmaking on Sundays or Bank Holidays.

Notes Following Visit There are no outstanding complaints regarding working hours at this site so compliance with this condition is recorded.

Condition Number and Description Condition 4. Hours of Operation for Construction

Notwithstanding the requirements of condition no. 3, no operations in connection with the movement of material for the construction shall take place between 7.00pm and 7.00am Monday to Saturday. There shall be no such operations on Sundays, Bank Holidays or National Holidays.

Notes Following Visit There are no outstanding complaints regarding working hours at this site, therefore compliance with this condition is recorded.

Condition Number and Description Condition 5. Blasting

When carrying out blasting operations, the developer shall adopt the best available techniques not entailing excessive costs in order to minimise the propagation of ground-bourne excessive vibration beyond the perimeter of the quarry. Except as may otherwise be agreed with the MPA the operators shall ensure that ground vibration from blasting operations shall not exceed a resultant peak particle velocity of 8.5mm per second in 95% of all blasts and no single blast shall exceed a resultant peak particle velocity of 12mm per second as measured at any inhabited building or any uninhabited building not in the control of the operations in the vicinity of the site. The operators shall employ the best practicable means to minimise air overpressure arising from blasting operations.

Notes Following Visit There are no outstanding complaints regarding blasting at this site. Blasting on site is understood to be conducted by contractors who in association with the quarry are understood to monitor blasting vibration from various locations around the quarry. It is understood that some local residents continue to be notified by telephoned of any scheduled blasting operations.

Condition Number and Description Condition 6. Blasting

Except in emergencies or as otherwise agreed with the Mineral Planning Authority, no blasting shall be carried out on site except between 9.00am 5.00pm on Mondays to Fridays and between 9.00am and 12.00 noon on Saturdays.

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Notes Following Visit There are no outstanding complaints regarding any blasting activities at this site, therefore compliance with this condition is recorded.

Condition Number and Description Condition 7. Noise

Except as may otherwise be agreed with the MPA the noise levels arising from the quarrying and ancillary operations shall not exceed the following as measured at any inhabited dwelling in the vicinity of the site (free field). between 7.00am and 7.00pm and maximum level of 46dB(A) LAeq (1 hour). At all other times the noise level shall not exceed 35dB(A) LAeq (15 mins).

Notes Following Visit There are no outstanding complaints regarding noise at this site and no significant noise was experienced while undertaking this visit. Compliance with this condition is therefore recorded.

Condition Number and Description Condition 8. Noise

The developer shall adopt the best practicable means in order to ensure that all plant, machinery and vehicles are effectively silenced so as to reduce noise to a minimum.

Notes Following Visit No recent complaints regarding aspects identified by this condition have been received. There was no significant impact identified by the use of machinery on site during this visit.

Condition Number and Description Condition 9. Noise and Dust General

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. The word 'practicable; and the phrase 'practicable means' in these conditions shall have the meaning assigned to them in Section 79(9) of the Environmental Protection Act 1990. The provisions of this condition include the installation and the maintenance of effective silencers on all plant and machinery.

Notes Following Visit See comments for previous condition. A water bowser and tractor is understood to be available for use in both the quarry and processing areas. Ground conditions were extremely wet at the time of this visit and no dust suppression was unnecessary.

Condition Number and Description Condition 10. Dust Limits

A scheme for the suppression of dust and mud shall be in accordance with the memorandum submitted with the application dated 15/12/93 and include the following aspects of the operation:- i) dust caused by the moving of soil and overburden, stone and other materials within the site. ii) the operation of the drilling rigs iii) the access road to the Public Highway, together with the internal roads; iv) the buildings housing the primary and secondary crushing plant.

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Notes Following Visit i) dust caused by the moving of soil and overburden, stone and other materials within the site is contained by the use of water bowser and fixed spray points.

ii) the drilling rig which is used on site is understood to have its own dust recovery unit. iii) the access road to the Public Highway, together with the internal roads are treated with water from a bowser as necessary and fixed spray points were also in use. iv) the buildings housing the primary and secondary crushing plant have been re clad and are understood to have dust suppression measure incorporated.

Condition Number and Description Condition 11. Fixed Plant

Details of all fixed plant and machinery and buildings to be erected shall be agreed with the MPA prior to installation. Details shall include design, dimensions, cladding, noise and dust suppression measures.

Notes Following Visit Improvement works have been undertaken in the northern section of the site which includes the development of a weighbridge and new office accommodation. The details of these works are currently being identified regularised through the Romps process.

Condition Number and Description Condition 12. Above Ground Storage

Any above ground storage tank for oil or other potentially polluting liquid used on the site shall be surrounded by suitable liquid tight bund walls or within another container, capable of containing 110% of the volume of the storage tank, and shall enclose all fill and draw pipes and sight gauges. The vent pipe should be directed downwards into the bund.

Notes Following Visit All above ground storage tank for oil or other potentially polluting liquids are stored within a suitable liquid tight bund walls or within another container, capable of containing 110% of the volume of the storage tank.

Condition Number and Description Condition 13. Floodlights

All lights and floodlights shall be orientated so as not to cause nuisance or annoyance to any occupied dwelling in the vicinity of the site.

Notes Following Visit There are acknowledged to be items of fixed lighting installation in this permission area but no recent complaints regarding lighting have been received.

Condition Number and Description Condition 14. Access and Highway matters

The entrance and exit for the transport of quarry and materials shall be as shown on Drawing No. H016K/36.

Notes Following Visit The correct access point as shown in the picture below was in use at the time of the visit. The entrance at the eastern end of the site is no longer in operational use and this fact should be confirmed with the revision of the site layout which has been submitted as part of the current ROMP application.

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Condition Number and Description Condition 15. Access and Highway matters

The operators shall employ the best practicable means to prevent the deposit of mud, dust, stones and other debris being carried out onto the public highway.

Notes Following Visit A water bowser, mechanical brush and fixed spray points are understood to be available for use but due to the heavy rain during the visit the use of these was unnecessary. The Public Highway in the vicinity of the quarry was observed to be clean and clear of debris.

Condition Number and Description Condition 16. Access and Highway matters

The site access shall be maintained in accordance with details to be agreed with the Mineral Planning Authority in consultation with the Highways Authority. Such details shall include splays, sight lines and the surfacing of the access road to an appropriate standard.

Notes Following Visit It is acknowledged that the entrance has previously been developed in accordance with the approved details.

Condition Number and Description Condition 17. Access and Highway matters

Loading of road vehicles shall be carried out so as to minimise the generation of airborne dust. Loaded vehicles shall be sheeted before leaving the site except for the loading of stone which is single-sized above 75mm and washed, or armour and sea wall stone, or hand selected stone (for example stone for walling or housing.)

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Notes Following Visit No recent complaints have been received regarding the sheeting of vehicles and all loaded vehicles observed to be leaving the site were correctly sheeted.

Condition Number and Description Condition 18. Surface Water

Measures for the collection and treatment of run-off and contaminated surface water shall be in accordance with the memorandum submitted with the application dated 15/12/93 or such later amended scheme as agreed with the MPA.

Notes Following Visit The system of water catchment and treatment in operation at this site is conducted in accordance with the approved measures and contained within settlement tanks prior to being discharged from the site via a licensed discharge point which is regulated and controlled by the Environment Agency.

Condition Number and Description Condition 19. Stockpiling

There shall be no stockpiling of any materials either for sale or waste rock, subsoil or topsoil on the undisturbed portions of the site except for landscaping as indicated on the approved plans.

Notes Following Visit There are significant stockpiles of varying grades of stone currently being stored at the site. These stock piles were all observed to be located within the approved areas and none were stored on any section of undisturbed ground.

Condition Number and Description Condition 20. Monitoring

Within 6 months from the date of this permission the operator shall have agreed with the MPA arrangements for self monitoring of the requirements of Condition Nos: 5, 7 and 8, namely concerning noise, dust, ground vibration, and air overpressure.

Notes Following Visit There is no requirement by condition to record any such agreement or implement any such actions. It is acknowledged that there are also no outstanding complaints regarding aspects referred to in this condition.

Condition Number and Description Condition 21. Landscaping

All landscaped areas shall be maintained throughout the duration of the quarrying operations in accordance with the principles of good forestry practice including the replacement of dead and diseased trees.

Notes Following Visit There has been little or no landscaping on this side of the permission area as restoration material is currently deployed on the opposite side of the quarry which is covered by a separate planning permission.

Condition Number and Description Condition 22. Restoration

Restoration of the site shall be carried out in accordance with a scheme to be submitted to the Mineral Planning Authority for approval by 20th February 2020 or such later date as may be agreed with the Mineral Planning Authority.

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Notes Following Visit This is recognised as a post dated condition.

Condition Number and Description Condition 23. Restoration According to Submitted Plans

Notwithstanding condition no. 22 the applicant shall hold a review meeting with the MPA at two yearly intervals or such longer periods as may be agreed by both parties to monitor restoration.

Notes Following Visit It is considered that the requirements of this condition are now satisfied by the Fees Monitoring regime.

Condition Number and Description Condition 24. Submission of Restoration Scheme

In the event of a cessation of winning and working minerals prior to the submission of a restoration scheme, to include details of aftercare, shall be submitted for approval to the MPA within 12 months of the cessation of winning and working, or within such other period as may otherwise be agreed in writing with the MPA. Such approved scheme shall be carried out within two years of the written approval being received.

Notes Following Visit This is recognised as a Post dated condition as the quarry remains operational.

Condition Number and Description Condition 25. Submission of Aftercare Scheme

Unless otherwise agreed in writing by the MPA: i) Aftercare schemes requiring such steps as may be necessary to bring the land to the agreed standard shall be submitted for approval by the MPA at least 2 years prior to the anticipated completion of winning and working minerals unless otherwise agreed in writing with the MPA.

ii) The submitted schemes shall specify the steps to be taken and the periods during which they are to be taken. Such steps shall be carried out for a maximum period of 5 years following the completion of the quarrying operations required to comply with Sub Condition i) above.

iii) Subject to Sub-Condition iv) below, aftercare of the land which is the subject of this permission shall be carried out in accordance with the aftercare scheme as approved by the MPA.

iv) Where the MPA agreed in writing with the person or persons responsible for undertaking the aftercare steps, that there shall be steps or a different timing between steps, the aftercare shall be carried out in accordance with that agreement.

Notes Following Visit This is recognised to be a Post dated condition as the quarry remains operational.

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3. Compliance with Planning Conditions NR/93/00007/MIN dated 30/05/1995

Condition Number and Description Condition 1. Time Limit

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

Notes Following Visit This is recognised as a Post Dated Condition.

Condition Number and Description Condition 2. Development According to Submitted Plans

No development shall be carried out other than in strict accordance with Drawing No. H016K/36 unless otherwise agreed in writing with the Mineral Planning Authority (MPA).

Notes Following Visit There are acknowledged to have been no additional developments other than those shown on drawing HO16K/36, which have not had prior approval. An example of this was the Temporary Coating Plant which has since been removed and the workshop and storage building. (It should be noted that this drawing identifies both IDO areas 6 and 7).

Condition Number and Description Condition 3. Hours of Working

Except as may otherwise be agreed with the MPA, no quarrying operations shall be carried out on the site including the crushing, screening or movement of processed stone to stockpiles except between 6.00am and 6.00pm on Mondays to Fridays and between 6.00am and 1.00pm on Saturdays and no such operations shall take place on Sundays or the following Public Holidays: i) New Years Day ii) Good Friday iii) Easter Monday iv) May Day Holiday v) Spring Bank Holiday vi) Summer Bank Holiday vii) Christmas Day viii) Boxing Day ix) Such other Public Holidays as may be subsequently declared.

Notes Following Visit There are currently no outstanding complaints regarding working hours at this site, so compliance with this condition is recorded.

Condition Number and Description Condition 4. Hour of Working Location of Operations

Except as may otherwise be agreed with the MPA, no operations shall be carried out in or within the immediate confines of the Millar Coasting Plant (to be defined on a plan) except between 5.00am to 9.00pm Mondays to Fridays and between 5.00am to 3.00pm on Saturdays. However, a start time of 4.00am could be allowed in exceptional circumstances subject to the agreement of the

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County Planning Officer in consultation with the Chairman, Vice Chairman and Local County Councillor.

Notes Following Visit There are no outstanding complaints regarding working hours at this quarry, so compliance with this condition is recorded.

Condition Number and Description Condition 5. Hour of Working Essential Maintenance

Conditions 3 and 4 shall not, however, operate so as to prevent the carrying out, outside these working hours of essential maintenance to plant and machinery on the site, associated traffic movement (eg. landrover, or other vehicles necessary to transport essential replacement parts or other equipment to effect repairs) or the operation of pumps and ancillary machinery for water management purposes

Notes Following Visit There are no outstanding complaints regarding working hours at this quarry, so compliance with this condition is recorded.

Condition Number and Description Condition 6. Hours of Operation for the Construction of the Bunds and Landscaping

Notwithstanding the requirement of Condition No.5 above, no operations in connection with the movement of material for the construction of the bunds and screening shall take place between 7.00pm and 7.00am Monday to Saturdays. There shall be no such operations on Sundays, Bank Holidays or National Holidays.

Notes Following Visit There are no outstanding complaints regarding working hours at this quarry, so compliance with this condition is therefore recorded.

Condition Number and Description Condition 7. Control of Ground-Borne Vibrations

When carrying out blasting operations, the operators shall adopt the best available techniques not entailing excessive cost in order to minimise the propagation of ground-borne vibration beyond the perimeter of the quarry. Except as may otherwise be agreed with the MPA the operators shall ensure that ground vibration from blasting operations shall not exceed a resultant peak particle velocity of 8.5mm per second in 95% of all blast, with no single blast exceeding a resultant peak particle velocity of 12 mm per second as measured at any inhabited building or any uninhabited building not in the control of the operators in the vicinity of the site. The operator shall employ the best practicable means to minimise air overpressure arising from blasting operations.

Notes Following Visit There are no outstanding complaints regarding ground vibration from blasting at this site.

Condition Number and Description Condition 8. Time of Blasting

Except in emergencies or as otherwise agreed with the MPA, no blasting shall be carried out on

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site except between 9.00am and 5.00pm on Mondays to Fridays and between 9.00am and 12.00 noon on Saturdays. There shall be no blasting or drilling operations on Sundays, Bank Holidays or National Holidays.

Notes Following Visit There are no outstanding complaints regarding the hours during which blasting is undertaken at this quarry.

Condition Number and Description Condition 9. Noise

Except as may otherwise be agreed with the MPA the noise levels arising from the quarrying and ancillary operations shall not exceed the following as measured at any inhabited dwelling in the vicinity of the site (free field) between 7.00am and 7.00pm a maximum level of 46 dB(A) LA eq (1 hour). between 4.00am and 7.00pm and between 7.00pm and 9.00pm a maximum level of 43 dB(A) LA eq (1 hour) between 9.00pm and 4.00am a maximum level of 35dB(A) LA eq (15 mins).

Notes Following Visit There are no outstanding complaints regarding any noise which arises from any Quarrying or Ancillary operations at this site.

Condition Number and Description Condition 10. Noise

The operator shall adopt the best practicable means in order to ensure that all plant, machinery and vehicles are effectively silenced so as to reduce noise to a minimum.

Notes Following Visit There are no outstanding complaints regarding noise at this site and no significant operational noise was witnessed during this site inspection.

Condition Number and Description Condition 11. Noise and Dust (General)

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

Notes Following Visit No recent complaints have been received. All reasonable means are understood to be employed by the operators for the minimising of dust, smoke or fumes and the creation of noise and vibration during the approved use of site. All necessary silencing measures were in place on machinery while a water bowser and fixed water spray points were available for use as required.

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Condition Number and Description Condition 12. Dust Limits

A scheme for the suppression of dust and mud shall be in accordance with the memorandum submitted with the application dated 15/12/93 and include the following aspects of the operation: i) dust caused by the moving of soil and overburden, stone and other materials within the site; ii) the operation of the drilling rigs; iii) the access road to the Public Highway, together with the internal roads; iv) the buildings housing the primary and secondary crushing plant.

Notes Following Visit i) dust caused by the moving of soil and overburden, stone and other materials within the site is suppressed water bowser and fixed spray points; ii) the operation of the drilling rigs are used with built in dust recovery systems. iv) the buildings housing the primary and secondary crushing plant have been clad

Condition Number and Description Condition 13. Dust Limit

Details of all fixed plant and machinery and buildings to be erected shall be agreed with the MPA prior to installation. Details shall include design, dimensions, cladding, noise and dust suppression measures.

Notes Following Visit No additional Fixed Plant or machinery has been constructed in this permission area, although a variation to the office and weighbridge locations have been recognised to have taken place. This matter has been captured by the requirements of Condition No 2 of decision Notice 93/00002/MIN and shown as an outstanding matter to be addressed through the Romps process.

Condition Number and Description Condition 14. Dust Limit

Any above ground storage tank for oil or other potentially polluting liquid used on the site shall be surrounded by suitable liquid tight bund walls or within another container, capable of containing 110% of the volume of the storage tank, and shall enclose all fill and draw pipes and sight gauges. The vent pipe should be directed downwards into the bund.

Notes Following Visit All potential pollutants are store within appropriate bunded facilities and containers to prevent escape.

Condition Number and Description Condition 15. Dust Limit

All light and floodlights shall be orientated so as not to cause nuisance or annoyance to any occupied dwelling in the vicinity of the site.

Notes Following Visit No recent complaints have been received regarding lighting at this site and all lighting appeared to be facing downwards.

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Condition Number and Description Condition 16. Access and Highway Matters

Within three months from the date of this permission the operators shall have submitted to and had approved by the MPA, a scheme to cover the following highway matters which should be laid out and provided within 6 months from the date of this permission unless otherwise agreed with the MPA. The scheme shall cater for the removal of the existing 'decelerations' lane, the gated access and the 'external car parking area' and for the provision of appropriate kerbing/grass verging.

Notes Following Visit The Development of this area is acknowledged to be in accordance with approved drawing no. SW 087/002/0.

Condition Number and Description Condition 17. Access and Highway Matters

The entrance and exit for the transport of quarry and materials shall be as shown on Drawing No. H016K/36, with the new entrance laid out and constructed as shown on Drawing No. SW087/002/0.

Notes Following Visit The new entrance and exits have previously been constructed in accordance with the approved drawings and these remain in constant use.

Condition Number and Description Condition 18. Access and Highway Matters

The operators shall employ the best practicable means to prevent the deposit of mud, dust, stones and other debris being carried out onto the public highway.

Notes Following Visit Access points and passing Highway were observed to be clean and clear of mud etc. Surface water run-off is directed to interceptors and settlement ponds prior to being discharged under an E A License. A mechanical brush, Water Bowser and fixed spray points are all available for use when required.

Condition Number and Description Condition 19. Access and Highway Matters

The site entrance and exit shall be maintained in accordance with details to be agreed with the MPA in consultation with the Highways Authority. Such details shall include splays, sight lines and the surfacing of the access road to an appropriate standard.

Notes Following Visit The development of the entrance has previously been completed in accordance with the approved Drawing No, 087/002/0. The verges in the vicinity of the entrance and exit are regularly maintained to allow good visibility for vehicular transport entering or exiting the quarry.

Condition Number and Description Condition 20. Access and Highway Matters

Loading of road vehicles shall be carried out so as to minimise the generation of airborne dust. Loaded vehicles shall be sheeted before leaving the site except for the loading of stone which is single-sized above 75mm and washed, or armour and sea-wall stone, or hand selected stone (for example, stone for walling or hedging).

Notes Following Visit There are no outstanding complaints regarding dust at this site. All Loaded vehicles observed to leave the site were correctly sheeted and a sheeting station has been installed close to the exit.

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Condition Number and Description Condition 21. Drainage Matters

Measures for the collection and treatment of run off and contaminated surface water shall be in accordance with the memorandum submitted with the application dated 15/12/93 or such later amended scheme as agreed with the MPA.

Notes Following Visit Measures for the collection and treatment of run off and contaminated surface water are acknowledged to be in accordance with the memorandum submitted with the application dated 15/12/93. Water at the site is contained within an approved system of settlement lagoons prior to being released from the site via an Environment Agency approved and licensed discharge point.

Condition Number and Description Condition 22. Stockpiling

There shall be no stockpiling of any materials either for sale or waste rock, subsoil or topsoil on the undisturbed portions of the site except for landscaping as indicated on the approved plans.

Notes Following Visit There are no stockpiles of material on any undisturbed ground. Material for the use in restoration and landscaping is currently deployed directly to the approved areas. All other stockpiling is acknowledged to be within the approved areas.

Condition Number and Description Condition 23. Monitoring

Within 6 months from the date of this permission the operator shall have agreed with the MPA arrangements for self monitoring of the requirements of Condition Nos. 7, 9 and 10, namely concerning noise, ground vibration and air overpressure.

Notes Following Visit There is no requirement to actually supply a written scheme, or to implement such a scheme by this condition. There are likewise no outstanding complaints regarding these environmental impacts.

Condition Number and Description Condition 24. Landscaping

All landscapes areas shall be maintained throughout the duration of the quarrying operations in accordance with the principles of good forestry practice including the replacement of dead or diseased trees.

Notes Following Visit A Contractor is understood to be employed to manage the forestry at this quarry. The planting which was previously undertaken on the eastern slopes of the tipping area appeared to be developing well when inspected during a previous visit but due to the heavy rain at the time of this visit this area was not accessed.

Condition Number and Description Condition 25. Landscaping

The noise limit for the construction of the bunds shall be 55dB(A) Leq (1 hour) free field at any inhabited dwelling. Where necessary with the agreement of the MPA the noise limits shall be varied in consultation with the MPA to allow temporary, but exceptional, noisy phases of this operation.

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Notes Following Visit No bunds were observed to be under construction at the time of this visit. No complaints have been received regarding noise following any such previous construction operations.

Condition Number and Description Condition 26. Landscaping

The tipping of waste overburden and soils in the area of the eastern screen bank shall be undertaken progressively. Material from trip area 1 shall be deposited within bund area 1 and subsequently in sequence culminating with the material from strip area 8 being tipped within bund area VIII as shown on Drawing No. H016K/36. Any variation from this sequence and the timescale over the implementation of the phases shall be agreed with the MPA. Each tipping/bund area (i.e. Nos. 1 to VIII) shall be profiled, surface treated and seeded or tree planted in the areas so indicated on the abovementioned Drawing with the seeding/tree planting as appropriate being undertaken during the first season following topsoiling.

Notes Following Visit The progressive restoration remains in line with the identified extraction phases. Both phases 5 and 6 respectively are being worked at this time. Phases 1-4 have previously been restored and planted. Phase 5 has yet to be fully profiled as the western flanks have yet to be fully completed. An area of phase 6 has previously been top soiled but has yet to be planted with trees. The area which has been covered with top soil has provided significant protection from underlying material being washed away.

Condition Number and Description Condition 27. Restoration According to Submitted Plans

Restoration of the site shall be carried out in accordance with a scheme to be submitted to the MPA for approval by 20th February 2020 or such later date as may be agreed in writing with the MPA.

Notes Following Visit This is recognised to be a Post dated condition.

Condition Number and Description Condition 28. Restoration According to Submitted Plans

Notwithstanding condition No. 27 the applicant shall hold a review meeting with the MPA at two yearly intervals or such longer periods as may be agreed by both parties to monitor restoration.

Notes Following Visit The requirements of this condition should be fully satisfied by the fees for monitoring regime.

Condition Number and Description Condition 29. Submission of Restoration Scheme on or Prior to Cessation of Working

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

Notes Following Visit This is recorded as a Post dated condition as a cessation has not been identified at this time.

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Condition Number and Description Condition 30. Submission of Aftercare Schemes

Unless otherwise agreed in writing with the MPA: i) Aftercare schemes requiring such steps as may be necessary to bring the land to the agreed standard shall be submitted for approval by the MPA at least 2 years prior to the anticipated completion of winning an working of minerals unless otherwise agreed in writing with the MPA.

ii) The submitted schemes shall specify the steps to be taken and the periods during which they are to be taken. Such steps shall be carried out for a maximum period of 5 years following the completion of the quarrying operations required to comply with Sub-Condition i) above.

Notes Following Visit This is recognised to be a Post dated condition as the quarry remains operational.

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3. Compliance with Planning Conditions NR/83/00001/MIN dated 11/07/1983

Condition Number and Description Condition 1. Expiration of Permission

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof.

Notes Following Visit The permission is understood to have previously been implemented but the exact date has not been recorded on file. The permission area is located at the southern end of the quarry void and can be seen in the following picture which was taken from within the quarry void looking up in a southerly direction to the benches above.

Condition Number and Description Condition 2. Detail of approval

The scheme shown on the approved plan providing for:- a) the retention of existing trees (including hedgerow trees) on the site; b) the reprofiling of the contours around the perimeter of the quarry; and c) the planting of new trees and vegetation cover; shall be carried out within a period of 12 months from the commencement of the development for which consent is hereby given or such extended period as the County Council may agree in writing; and existing trees comprised is such scheme shall, together with any new trees and vegetation cover planted in accordance therewith, be maintained (if necessary by replacement) to the satisfaction of the County Council.

Notes Following Visit This condition was imposed to identify the required planting and reprofiling of the permitted extraction area some 26 years ago.

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Extraction in this area is understood to have been limited and there appears to be no drawings associated with this application which give any indication as to the limits of previous extraction or quarry development which had previously taken place in this area. As the permission has only been implemented in a limited way, it has not been possible to achieve the reprofiling and associated planting as identified on Drawing No H16a/23 which accompanied the application. The review of mineral planning application, Romp for this site was submitted to the MPA on the 28.01.11 and once this has been determined it should identify the future use and restoration measures that are required to be put in place in this particular area as well as the remainder of the quarry site.

Condition Number and Description Condition 3. Phasing

The development shall be phased in accordance with the scheme shown on the approved plan providing for the land currently in agriculture to be retained in that use as long as possible.

Notes Following Visit The extent of phased development in this area has been very limited and is not considered sufficient to have impacted on the area identified as agricultural land at this time.

Condition Number and Description Condition 4. Restoration

Restoration of the site shall provide for:- a) surface contours to be graded as shown on the approved plan; b) the final contours on the restored agricultural land shall be such as to allow proper

management of the land, which shall be drained and seeded to the satisfaction of the County Council to allow future maintenance to be carried out be normal farming machinery;

c) the top one metre of tipped material shall be free of any large boulders, stones or other obstructions, and a sufficient depth of suitable soil or other material acceptable to the County Council, to allow cultivation and cropping, shall be spread on the complete area of development;

and d) topsoil and topsoil forming materials and subsoil from the agricultural land shall be stripped

and stored separately and respread evenly on the restored land to the satisfaction of the County Council immediately after completion of the development.

Notes Following Visit Please see the response given to condition No.2 above. Revised details have since been submitted with the Romp application dated the 28.01.11 but this has not been approved at this time.

Condition Number and Description Condition 5. Restoration after development ceases.

The entire development hereby permitted shall cease on or before 30 June 2043, and the site shall be reinstated to the satisfaction of the County Council in accordance with the restoration and landscaping required in Condition nos 2, 3 and 4.

Notes Following Visit This is recognised to be a post dated condition as the quarry remains full operational.

Condition Number and Description Condition 6. Pollution

There will be no pollution of surrounding lands, holdings or watercourses as a result of the development.

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Notes Following Visit The development of this area is understood to have been limited and as such there are no outer facing exposed slopes within this area and drainage from this area falls directly to the existing quarry void from where it is pumped to the existing interception facilities. Any further considerations regarding drainage will need to be considered as part of the current Romps application process.

Condition Number and Description Condition 7. Surface Water

Surface water shall be given adequate settlement prior to the discharge to any stream to the satisfaction of the County Council, and the rate of discharge shall be controlled so as to prevent flooding, scour or erosion of the receiving watercourses.

Notes Following Visit The discharge of water from this area of the site is directed through the water treatment facilities located at the northern end of the site. This is understood to be in accordance with a discharge license as issued by the Environment Agency and as such is therefore regulated by that authority.

Condition Number and Description Condition 8. Machinery

All machinery and power tools used on the site shall be silenced to the manufacturers' specification, and so operated and maintained throughout the period of this permission. Notes Following Visit This area is not currently being worked and therefore there is no machinery being operated or stored within this permission area.

Condition Number and Description Condition 9. Noise, Dust, Smoke etc.

All reasonable precautions to the satisfaction of the County Council shall be taken to minimise the nuisance and disturbance to nearby residents, caused by reason of noise, fumes, dust, smoke, ash or vibration.

Notes Following Visit The area which is covered by this permission is not being worked at present, so the requirements of this condition do not currently apply.

Condition Number and Description Condition 10. Structures

Notwithstanding the provisions of Classes VIII and XIX of the Town and Country Planning General Development Order 1977, no plant, buildings or machinery or any other structure shall be erected on the application site without the express prior to consent of the County Council.

Notes Following Visit No structures either have been or are anticipated to be erected in this area and no Plant is currently stored or used on this section of the site.

Condition Number and Description Condition 11. Benches

The benches at the quarry face shall not exceed 15 metres in depth.

Notes Following Visit This permission area has not been developed sufficiently to achieve benches of less than 15

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metres. There are benches in this area which are over 15 metres in height but these are understood to have existed prior to this permission being granted. Until such time as this area is re worked it will not be possible to reduce the height of any existing benches.

Condition Number and Description Condition 12. Cessation of operations.

No building nor any plant or machinery nor any structure or erection in the nature of the plant or machinery (including any foundation for such building, plant, machinery structure or erection) shall be retained on the site after a period of two months from the date of service of written notice be the County Council that such building, plant, machinery, structure or erection is, in the opinion of the County Council, no longer required either for the purpose for which it or they were erected or installed or otherwise in connection with the winning and working of stone (such notice to be given only after consultation with the mineral undertaker concerned); and after the removal thereof, the site shall be reinstated to the satisfaction of the County Council.

Notes Following Visit No building nor any plant or machinery or any structure or erection in the nature of the plant or machinery has been developed or installed in this area at this time.

Condition Number and Description Condition 13. Lighting

Any lights or floodlights shall be arranged with shades set up so as not to cause disturbance to the normal enjoyment of dwelling houses or other inhabited properties. Notes Following Visit There is currently no fixed lighting installed in this area and there are no outstanding complaints regarding the use of any lighting in this area.

Condition Number and Description Condition 14. Blasting

The vertical peak particle ground velocity from blasting shall not normally exceed 5mm/second when measured at any point within 2 metres of and external to the foundations of any building used for residential purposes.

Notes Following Visit There are currently no outstanding complaints regarding blasting operations in this area and it is not known whether any blasting has actually taken place in this area since this permission was issued.

Condition Number and Description Condition 15. Mud on Highways

All reasonable precautions to the satisfaction of the County Council shall be taken to avoid the deposit of mud on the highways.

Notes Following Visit Vehicular access to this area can only be obtained through the existing quarry over which all necessary measures are in place to ensure that no mud or debris is deposited on the road. The road which passes the quarry entrance was also recorded to be clean and clear of debris.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed

Issues to be addressed by MPA NR/93/00002/MIN dated 30/05/1995

Designated Officer Details

None at this visit Issues to be addressed by Operator NR/93/00002/MIN dated 30/05/1995 None at this visit

Issues to be addressed by MPA NR/93/00007/MIN dated 30/05/1995

Designated Officer Details

None at this visit Issues to be addressed by Operator NR/93/00007/MIN dated 30/05/1995 None at this visit

Issues to be addressed by MPA NR/83/00001/MIN dated 11/07/1983

Designated Officer Details

None at this visit Issues to be addressed by Operator NR/83/00001/MIN dated 11/07/1983 None at this visit

11. Summary Hingston Down Quarry area consists of two separate areas. Located in the southern section is the main quarry void with its settlement lagoons. This area also contains the Block works, as well as the Primary and Secondary Crusher which is directly linked to the northern section of the site via a covered mechanical conveyor which crosses the public highway which bisects these two working areas. The northern section of the site is where the main Road Stone Coating Plant is located.. This area also provides the Office and Weighbridge facilities for the site. Both sections of the site are directly linked by an approved road crossing point and serviced by a covered conveyor.

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The Review of Mineral Planning Permissions application (ROMP) submission has been received by the MPA and once it has been determined, it should hopefully provide a single set of planning conditions for the quarry, rather than the three separate sets which are currently in place. There are no outstanding complaints regarding any works being undertaken at this quarry and no concerns regarding any environmental impacts were apparent during this site visit.