Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs...

30
Page 1 of 30 Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Lean Quarry Landfill & Materials Recycling Facility, Horningtops, Liskeard, PL14 3QB On 21 st June 2017 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.53 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 3 53

Transcript of Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs...

Page 1: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 1 of 30

Office Use Only

Monitoring of Mineral and Landfill Planning Permissions Report for

Lean Quarry Landfill & Materials Recycling Facility, Horningtops, Liskeard, PL14 3QB

On 21st June 2017

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.53 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

3

53

Page 2: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 2 of 30

Page 3: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 3 of 30

1. Introduction This report is a document produced by Cornwall Council’s Planning Enforcement 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 20041. Disclaimer It should be noted that apparent compliance with any condition at the time of a site 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 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.

Amber Development was not considered to be compliant with the condition at the time of the site monitoring visit. 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 was 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 considered that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is considered 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.

Page 4: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 4 of 30

2. Details of Site Monitoring Visit

Site Name and Address: Lean Quarry Landfill and Materials Recycling Facility, Horningtops, Liskeard, PL14 3QB

(MRF not inspected during this visit)

Planning Permission(s):

PA16/01834 dated 10.05.2016. Application for installation of three replacement leachate storage tanks on Lean Landfill

09/00404/WAS dated 12.01.2010. Retrospective application seeking planning permission for the siting of two water storage tanks and associated pipework for facilitating odour control at the landfill site. The application also seeks to regularise the siting of a building associated with bird control at the site.

NR/08/00250/SEC73 dated 01.07.2008. To allow engineering developments associated with landfill site to be carried out between 0600 and 1900 hours Monday to Friday and between 0700 and 1500 hours on Saturdays annually from May to September inclusive.

CC/CN/00/0134/CN [CN26(15)] dated 01.03.2002. Proposed Integrated Waste Management Facility.

Pending applications:

Application ref PA17/03485. Retrospective application for temporary use of land for the storage of topsoil for later use in the restoration of the Lean Quarry Landfill Site.

Legal Agreement(s): None Operator: Viridor Waste Management Site Status: Active

Type of Visit: Announced – chargeable visit Visiting Officer/s: Mrs Stephanie Carlyon, Development Officer, Cornwall Council Date of Visit: 21st June 2017 Time on Site: 10.30 Time off Site: 12.00 Attendees: Mr Jeb Cann, Viridor Waste Management Mr Tim Jones, Viridor Waste Management Weather: Sunny, hot, still Ground Conditions: Dry Report Author: Mrs Stephanie Carlyon, Development Officer, Cornwall Council

Page 5: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 5 of 30

3. Aerial Photographs

Aerial photograph dated 01.01.2001

Aerial photograph dated 01.01.2002

Page 6: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 6 of 30

Aerial photograph dated 01/01/2006

Aerial photograph dated 11.05.2009

Page 7: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 7 of 30

4.Compliance with Planning Conditions CC/CN/00/00134/CN [CN26(15)] dated 01.03.2002. Proposed Integrated Waste Management Facility

Condition Number and Description Condition 1.

The development hereby permitted shall be commenced not later than the expiration of five years beginning with the date of this permission. Notes Following Visit This permission was implemented within the identified period. Records indicate landfilling commenced in August 2005.

Condition Number and Description Condition 2. Scope of the Permission

This permission authorises the following developments:- (i) extending the existing Materials Recovery Facility (MRF); (ii) operating the extended MRF 24 hours a day; (iii) importation and disposal of commercial, industrial and domestic wastes to restore the quarry void and adjoining areas; (iv) ancillary developments including the construction and operation of leachate treatment facilities, the establishment of a pipeline from the site to connect with the main sewer, and development of an electric generation facility and gas flare stack.

There shall be no development outside of the area dashed red on Drawing No. LE02246/002.

Notes Following Visit (i) The MRF extension has not been constructed. (ii) The building is not currently being used as a MRF. The specialised plant for sorting, separating and preparing the recyclable materials is no longer on site. The building is currently being used as a waste transfer station for the temporary deposition of waste before it is bulked up for transport and disposal off-site. The facility does not currently operate 24 hours a day. (iii) The importation and disposal of commercial, industrial and domestic wastes ceased at the quarry/landfill on 31.10.2016. See Conditions 42 for further information. The MRF building currently acts as a waste transfer station only, whereby wastes are bulked up for transport and disposed of off-site. (iv) The details of the leachate treatment plant were approved in October 2012 and the plant was constructed in November 2013. The leachate treatment plant remains operational. The electric generation facility has been constructed and remains in operation at the time of the visit.

The use of land outside the area dashed red on Drawing No LE2246/002., Soils are stored on land to the south east of the landfill outside of the approved permission area identified on Drawing No. LE02246/002. A search of the planning history has indicated there is no planning permission for the use on this land. In a letter dated 12.11.2016, the Operator confirmed the soils had been temporarily stockpiled for future use during the phased capping and restoration of the landfill and they would submit a retrospective planning application. A regularising application (ref PA17/03485) was validated on 13.06.2017 and was pending consideration at the time of this visit.

ACTION LOCAL PLANNING AUTHORITY The Local Planning Authority should consider the regularising application ref PA17/03485 by 12.09.2017.

Page 8: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 8 of 30

Condition Number and Description Condition 3. Adherence to Approved Scheme

Unless otherwise agreed in writing by the Waste Planning Authority (WPA) or required by conditions, no development shall be carried out except in accordance with the details included in the submitted application (dated 11 October 2000) the Further Information (dated 4 May 2001) and the approved plans (see attached schedule). [Schedule of Approved Plans] Drawing Numbers: 3056.01 Revision A Proposed site after restoration 3056.02,03,04 Cross sections 3057.01 Extension to MRF 3057.02 MRF extension elevations/sections LE02246/W2 Groundwater monitoring boreholes and surface water monitoring LE02246/W1 Hydrological plan LE02246/001 Site location LE02246/002 Existing situation LE02246/003 Geological situation LE02246/004 Geological cross sections LE02246/005 Phase 1 operations LE02246/006 Phase 2 operations LE02246/007 Phase 3 operations LE02246/008 Phase 4 operation

Notes Following Visit In letter dated 16.07.2004, the Local Planning Authority approved proposals to amend the development/phasing of the site to the plans included in the submitted document ‘SLR 4B-036-103 dated March 2004’. The following plans were approved: Drawing No LE1/1 - Proposed revised phasing for landfill development Drawing No LE1/2 - Phase 1 - Earthworks Drawing No LE1/3 - Landfill Development Phase 1 Sections Drawing No LE1/4 - Phase 2 - Earthworks Drawing No LE1/5 - Landfill Development Phase 2 Sections Drawing No LE1/6 - Proposed Groundwater Control System Drawing No LE1/7 - Installation Capping System Drawing No LE1/8 - Proposed Infrastructure Layout Drawing No LE1/8.1 - Proposed Infrastructure Layout - Cross Sections

The amendments did not seek to revise the final levels and these are still identified on LE02246/011 ‘Final Restoration contours’ and 3056.01 Revision A ‘Proposed site after restoration’.

Since the document SLR 4B-036-103 was approved in 2004 there have been a number of operational changes and the phased development and restoration of the landfill is no longer in accordance with that approved working scheme. Whilst revised plans were emailed to the Local Planning Authority in February 2009 and 2011, these were never considered acceptable by the Local Planning Authority. In letter dated 11.11.2016, the Operator submitted a revised plan ‘LE1/1 dated 02/2011 (titled Proposed Revised Phasing for the Landfill development)’ to the Local Planning Authority. The revised drawing was found acceptable in email dated 27.04.2017 (ref PA17/01566). Drawing LE1/1 dated 02/2011 (titled Proposed Revised Phasing for the Landfill development)’ is now recognised as the approved drawing and identifies the approved phases for developing and restoring the quarry. Notwithstanding the above, the most significant change on site has been the cessation of the delivery of wastes to the landfill on 31.10.2016 prior to the completion of the final levels shown on the approved plans. See condition 42 for further details. At the time tipping ceased, the basal development was in Phase 5 and the infilling was in Phase 6. The former active cell has since been capped. During the future monitoring visits the Local Planning Authority will continue to review the position of the site and the requirements identified in Condition 42. See Photograph below.

Page 9: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 9 of 30

Landfill

Photograph looking north westwards across the capped landfill

Photograph looking north eastwards across the capped landfill Northern Flank Re-Cap Additional plastic capping was placed over the existing restoration soils on the northern flank as the area was prone to leachate emissions. The details were approved in email dated 13.11 2012 and required the plastic liner to be black and being weighted down with tyres. A black liner is in place and is weighted down by tyres.

Photograph showing the northern flank

Page 10: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 10 of 30

Electricity Generation Project A scheme for the development of the electricity generating project was approved in letter dated 17.07.2007. This also provided for revisions to the layout of the office, weighbridge, parking and internal access road and leachate treatment facility as shown on Drawing LQ023/MAY-07. The gas engine generation facility is shown in the picture below and was operational at the time of this visit.

Photograph showing the gas engine compound

MRF In letter dated 05.02.2008 the Local Planning Authority approved changes to the layout of the MRF building as shown on Drawing No LL/04/01 Rev B dated 07/01/08 and Drawing No LL/05/01 Rev A dated 30.11.07. The extension has not been implemented and the amended plans are not applicable at this time. The MRF currently acts as a bulking up facility and all waste is disposed of off-site.

Page 11: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 11 of 30

Leachate Treatment Plan The layout for the leachate treatment facility was originally identified on Drawing No. LE02246/014. However the early installation of the electricity generation/gas flare facility, in advance of the leachate treatment system, resulted in an alternative site configuration. The revised layout was identified on approved Drawing LQ23/MAY-07. As letter dated 02.10.2012, the Operator submitted a revised proposal for the leachate treatment facility involving a tank based system rather than an open lagoon. The details were approved as email dated 04.10.2012 subject to the development being built in accordance with the following documents: - Letter from Alan Whipps to Tim Warne dated 02.10.2012 - Document titled `Lean Quarry - Integrated Waste Management Facility - Submission for Planning

– Permission’ - Drawing D57007C101 Rev P3 Proposed Plant Layout - Drawing No. D57007C102 Rev P2 Proposed Site Sections - Within 1 month of the date of installation the tanks should be painted olive green (BS 4800, colour

code 12-C-39) and should be maintained that colour for the duration of the operations at the site. The construction of the leachate treatment plant was completed in November 2013. The treatment facility is sited as shown on Drawing D57007C101/P3 but the internal layout deviates from the approved plan in that the UF container and the Lab are sited along the northern boundary fence as opposed to the southern boundary fence. The Local Planning Authority does not consider these deviations cause any significant visual impact and it is not considered expedient to require any further action. However the Operator could regularise the existing layout by submitting amended plans. The leachate treatment plant is operational although some leachate continues to be tankered off site.

Photograph showing the leachate treatment plant

Page 12: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 12 of 30

Condition Number and Description Condition 4. Control of the Development Phases

Unless otherwise agreed in writing by the Waste Planning Authority (WPA), the operator shall notify the WPA in writing within one month of the date of commencement and completion of the following:

(i) construction of the approved extension to the MRF; (ii) entering a new phase of tipping; (iii) completion of each tipping phase; (iv) completion of restoration of each tipping phase; (v) cessation of quarrying; (vi) cessation of roadstone coating/concrete batching activities; (vii) completion of the landscape/planting scheme; (viii) completion of final restoration under this planning permission; (ix) date for completion of aftercare. Notes Following Visit (i) The MRF extension has not implemented. (ii) Tipping ceased on 31.10.2016. See condition 42 for further details. (iii) Tipping ceased on 31.10.2016. See condition 42 for further details. (iv) N/A - no restoration phases have been completed. (v) Tipping ceased on 31.10.2016. See condition 42 for further details. (vi) The roadstone coating/concrete batching activities have ceased but there are no records to indicate the Local Planning Authority was notified (vii) N/A - the landscape/planting scheme has not been completed; (viii) N/A - final restoration is not completed (ix) N/A - aftercare is not completed Although most of the above stages have not been applicable yet, part (iii) and (vi) have applied but there are no records to indicate the Local Planning Authority was notified on the occasions. The Operator should be mindful of the requirements to notify the Local Planning Authority within one month of commencement of any of the above.

Condition Number and Description Condition 5. Restoration of Tipping Restoring

Unless otherwise agreed in writing by the WPA, the site shall be fully restored in accordance with the approved plans not later than 27 years starting with the commencement of the Phase 1 operations. Notes Following Visit This condition identifies the site should be fully restored by 03.08.2032. See comments in Condition 42, which refer to the requirements to submit a restoration scheme if a permanent cessation is identified before this date.

Condition Number and Description Condition 6. Matters for Agreement prior to the Commencement of the Development

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development, a scheme to safeguard water interests in the vicinity of the waste management site shall have been submitted to and been approved by the WPA. Such a scheme shall incorporate:

(i) a water interest survey to include all springs, streams, ponds, wetlands and licensed and unlicensed abstractions identified within 1 kilometre of the boundary of the site, and, (ii) the evaluation of the impact of the proposal on water interests in both the long and short terms, and, (iii) the means by which any adverse effects, as revealed by the water interest survey or subsequent monitoring of the development can be mitigated, and subsequent implementation.

Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 3 of submitted document ref 4B-036-103 dated March 2004.

Page 13: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 13 of 30

Condition Number and Description Condition 7. Approval of Drainage Works

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development the operator shall have submitted to and had approved by the WPA a scheme for the provision of surface water drainage works. The drainage works shall be completed in accordance with an approved scheme of implementation and an agreed timetable.

Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 3 of submitted document ref 4B-036-103 dated March 2004.

Condition Number and Description Condition 8. Phase 1 Operations

Unless otherwise agreed in writing by the WPA, prior to the commencement of the development the operator shall have submitted to and had approved by the WPA a scheme for the provision and implementation of a method of working for the excavations associated with the Phase 1 operations. Schemes for methods of working shall be submitted to and approved in writing by the WPA prior to the commencement of subsequent phases

Notes Following Visit The scheme was discharged on 12.05.2004. The approved details are identified in Chapter 2 of submitted document ref 4B-036-103 dated March 2004. As outlined in Condition 3, the Operator should submit a revised working scheme for the development and restoration of the landfill.

Condition Number and Description Condition 9. Agreement for disposal of Waste

Unless otherwise agreed in writing by the WPA, prior to the disposal of controlled wastes within the containment site, the operator shall have submitted to and had approved by the WPA schemes for minimising the impact of scavenging birds and other vermin and for the control of windblown litter. The schemes shall be implemented for the duration of the development. Notes Following Visit The schemes were approved in letter dated 16.07.2004 and are identified in Appendices 3 and 4 in document ref 4B-036-103 dated March 2004.

A falconer building was regularised in December 2009 under permission 09/00404/WAS.

The former active cell has since been covered. At the time of this visit there are limited sources of exposed waste to be blown by the wind or scavenged by the birds.

Condition Number and Description Condition 10. Installation of New Pipeline

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying and associated excavations the operator shall have submitted to and had approved by the WPA a scheme concerning the following:- (i) a comprehensive survey (a water interest survey) which should include all springs, streams, ponds, wetlands and licensed and unlicensed abstractions within a corridor of width to be agreed with the WPA along the pipeline route, and (ii) evaluation of the impact of the proposal on water interests in both the long and short term, and,

(iii) the means by which any adverse effects, as revealed by the water interest survey or subsequent monitoring of the development can be mitigated, and, (iv) site investigation logs along the route of the pipeline, including any water strikes encountered.

Notes Following Visit The scheme was submitted on 17.11.2005 and approved as letter dated 04.10.2006. The pipeline has been installed.

Page 14: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 14 of 30

Condition Number and Description Condition 11. Location of Pipeline Route

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying or associated excavations, the operator shall have submitted to and had approved by the WPA in consultation with the Highways Authority and the Highways Agency a detailed scheme including precise location of the pipeline route, accommodation works, details of any pumping stations as may be necessary, fencing and traffic control.

Notes Following Visit The details were approved as letter dated 17.05.2007.

Condition Number and Description Condition 12 Programme of Archaeological Work

Unless otherwise agreed in writing by the WPA, prior to the commencement of any pipe laying or associated excavations, the operator shall have secured the implementation of a programme of archaeological recording work in accordance with a written scheme of investigation that shall have been submitted to and been approved by the WPA.

Notes Following Visit As letter dated 16.09.2005 the Local Planning Authority confirmed that as the pipeline on Drawing PR2 essentially followed the public highway rather than crossing farmland, it was no longer considered necessary to undertake further archaeological investigations.

Condition Number and Description Condition 13. Route to the Main Sewer

Unless otherwise agreed in writing by the WPA, prior to the disposal of controlled waste within the containment site, the operator shall have developed a leachate disposal system by constructing the pipeline route to the main sewer as indicated on Drawing No. 03.

Notes Following Visit The construction of a leachate treatment plant was completed in November 2013. The leachate treatment plant is operational although some leachate are tankered off-site as and when required. Approval has been given for the development of three further leachate storage tanks but this has not been implemented at the time of this visit.

Condition Number and Description Condition 14. Nature Conservation

The operator shall implement in full the mitigation measures set out in the Ecological Assessment of Lean Quarry (dated 8 July 2000) the Bat Roost survey of trees and quarry faces (dated January 2001) and the Summer Bat Detector Survey (dated August 2001). In addition there shall be no removal of trees and associated vegetation during the bird nesting season.

Notes Following Visit No recent tree or vegetation removal is understood to have taken place.

Condition Number and Description Condition 15. Dust and Odour

The operator shall implement in full the dust and odour mitigation measures set out in the Environmental Statement and Dust/Odour (dated September 2000).

Notes Following Visit The Local Planning Authority is not investigating any dust or odour complaints at this time and no significant dust or odour was witnessed on site while conducting this monitoring visit. The Operator should however be mindful of the requirements set out in the Environmental Statement.

Page 15: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 15 of 30

Condition Number and Description Condition 16. Leachate/Landfill Gas Monitoring

The operator shall implement in full the leachate/landfill gas control measures as set out in the waste containment design and construction chapter of the application (dated September 2000). Notes Following Visit No known issues although these matters are considered to be regulated by the Environment Agency.

Condition Number and Description Condition 17 Types of Waste

Unless otherwise agreed in writing by the WPA, no wastes other than those wastes defined in the application (confirmed by the letter from Rowan Edwards dated 28 June 2001) shall be permitted to be received at the site. For the avoidance of doubt this means:- (i) at the MRF the wastes shall not include materials other than from within Categories A, B1, B2, C, D and E; (ii) at the containment landfill site the wastes to be disposed of shall not include materials other than from within Categories A, B1, B2, C and D.

Notes Following Visit The importation and disposal of commercial, industrial and domestic wastes ceased at the landfill on 31.10.2016. The MRF is currently acting as a bulking and all wastes are disposed of off-site. Notwithstanding this, the types of wastes permitted on site are ultimately set out in the Permit which is regulated by the Environment Agency.

Condition Number and Description Condition 18. Working Hours

Unless otherwise agreed in writing by the WPA, no tipping operations or excavation works associated with the containment landfill site shall be carried out on the site except between the following times:-

between 0700 and 1700 hours Mondays to Fridays between 0700 and 1300 hours on Saturdays between 0700 and 1700 hours on the Saturday immediately following a Bank Holiday. There shall be no working on Sundays or Bank Holidays, unless otherwise agreed in writing with the WPA.

The abovementioned working hours shall not apply to the MRF subject to the restriction on vehicle movements set out in condition No. 19 below. Notes Following Visit Application NR/08/00250/SEC73 was approved on 01.07.2008 allowing engineering developments associated with the landfill site to be carried out annually between May and September during the following times:

Between 0600 and 1900 hours on Monday to Fridays Between 0700 and 1500 hours on Saturdays.

Previously there have been several agreements for extended working hours as identified below but these have since expired: • As email dated 11.10.2012 the Local Planning Authority agreed a temporary dispensation to

allow capping operations to continue into the afternoon on Saturday 13.10.2012 up until 17.00 and on Sunday 14.10.2012 between 09.00 and 17.00.

• Letter dated 25.07.2006 - extended working hours authorised solely in relation to cell development work - valid until 30.09.2006.

• Letter dated 04.11.2004 - extended working hours authorised solely in relation to excavations, material and liner replacement operations within Phase 1 development area indicated on Drawing LE1/2 - valid until 30.11.2004.

• Letter dated 16.07.2004 - extended working hours authorised solely in relation to excavations, material and liner replacement operations within Phase 1 development area indicated on Drawing LE1/2 - valid until 30.09.2004.

Page 16: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 16 of 30

Condition Number and Description Condition 19. Restriction of Movement Times

No heavy goods vehicle or other vehicle carrying waste shall enter or leave the area hatched yellow on Drawing No. CN26(15)/A except between the following times:- between 0700 and 1900 hours Mondays to Fridays between 0700 and 1300 hours on Saturdays Any exception to the abovementioned hours shall only be with the written approval of the WPA and the WPA shall be given at least 3 days’ notice of any proposed vehicle movements outside the abovementioned hours.

Notes Following Visit The Local Planning Authority is not investigating any complaints about working hours.

Condition Number and Description Condition 20. Noise

(i) Unless otherwise agreed in writing by the WPA, the total noise arising from the application area including quarrying, ancillary operations (coating and batching plants), preparation of the containment landfill site, landfilling, ancillary operations, (including gas flare and electricity generation) and the operation of the MRF shall not exceed the following:-

between 0600 and 1900 hours Mondays to Fridays and between 0700 and 1500 hours on Saturdays a level of 55 dBA (1 hour) between 1900 and 2300 hours Mondays to Fridays and between 1500 and 2300 hours on Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1hour) between 2300 and 0600 hours Mondays to Fridays and between 2300 and 0700 hours on any other working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site.

(ii) At the cessation of quarrying, roadstone coating and concrete batching activities, as notified under the provisions of Condition No. 4 the total noise arising from the application site shall not exceed the following:-

between 0700 and 1700 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays or between 0700 and 1700 hours on Saturdays following Bank Holidays a level of 55 dBA (1 hour)

between 1700 and 2300 hours Mondays to Fridays and between 1300 and 2300 hours on Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1hour)

between 2300 and 0700 hours on any working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site.

Notes Following Visit The Local Planning Authority is not investigating any noise complaints and there was no significant operational noise experienced on site while conducting this monitoring visit. The roadstone coating and concrete batching plants have now been removed from site.

Page 17: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 17 of 30

Condition Number and Description Condition 21. Self-Monitoring of Noise Levels

Where the WPA notifies the operator that it has received a complaint about noise which is attributable to operations within the site, the operator shall undertake self-monitoring of noise levels and operations (in accordance with a specification to be agreed with the WPA) to demonstrate compliance with condition No. 20. The operator shall keep comprehensive records of the required monitoring and analysis. The operator shall, within 14 days of being required to do so by the WPA, supply to it, copies of the monitoring records, and permit access to all monitoring equipment at all times.

Notes Following Visit The Local Planning Authority is not investigating any noise complaints and there are no requirements to undertake any self-monitor of noise levels at this time.

Condition Number and Description Condition 22. Amenity Protection

All practicable means shall be employed by the operator for preventing or minimising the emission of dust, smoke, fumes, odours, litter and the creation of noise during the approved use of the site. The provisions of this condition include the installation of and maintenance of effective silencers on all plant and machinery.

Notes Following Visit No issues were identified at the time of the visit and the Local Planning Authority is not investigating any complaints.

Condition Number and Description Condition 23. Amenity Protection Continued

There shall be no burning of materials on the site except for wood in the Talbot ECM4 wood burner in the MRF or similar plant or machinery as may be subsequently approved in writing by the WPA.

Notes Following Visit The wood burner has previously been removed and there are no plans for a replacement to be installed. There have been no complaints in respect of bonfires at the site.

Condition Number and Description Condition 24. Access to Site Approved

All access to and egress from the site shall be by using the existing accesses hereby approved and which are indicated on the approved plan.

Notes Following Visit The approved access route remains in use and there no other known accesses being used.

Condition Number and Description Condition 25. Maintaining Condition of Vehicles

Best practicable means shall be taken at all times to ensure that all vehicles leaving the working areas are in a condition such as not to emit dust or deposit mud, slurry or other debris on the highway. In particular but without prejudice to the foregoing, efficient means shall be installed for cleaning wheels of lorries leaving the working areas.

Notes Following Visit The access road outside of the entrance was clear of debris at the time of this site visit.

Page 18: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 18 of 30

Condition Number and Description Condition 26. Restrictions on Domestic Waste

No collected domestic waste shall be brought onto the site unless:- (i) detailed plans have been submitted to and approved by the WPA in consultation with the Highways Agency relating to a safety scheme at the A38/B3252 junction (consisting primarily of a re-engineered right turning facility including carriageway surface treatment, safety barrier provision and additional signage and road markings); and (ii) the approved safety scheme has been laid out and provided in accordance with the requirements of a Section 278 Agreement under the provision of the Highways Act 1980.

For the purposes of this condition the phrase collected domestic wastes refers to domestic wastes collected by District, Borough, City and/or County Councils.

Notes Following Visit Some improvements have previously been carried out to the access junction and signposts direct HGV’s to turn left onto the A38.

Condition Number and Description Condition 27. Gas and Electrical Generation

Prior to the installation of structures and machinery involved in gas and electrical generation, the operator shall have submitted to and had approved in writing by the WPA, details of the floor level, equipment layout, design and surface finishes. No structure associated with the above, including the gas flare shall be of a height so as to be greater than the level of the undisturbed natural ground to the north.

Notes Following Visit The Local Planning Authority agreed the details on the 17.07.2007.

Condition Number and Description Condition 28. Flood Lighting

Unless otherwise agreed in writing by the WPA, there shall be no floodlighting of the site except in accordance with details to be agreed with the WPA. Any approved lighting shall be positioned so as not to cause glare or annoyance to local residents or users of the local highway network.

Notes Following Visit Mobile lighting is required at the site for Health and Safety requirements. The Local Planning Authority is not investigating any complaints in relation to light pollution.

Condition Number and Description Condition 29. Design of MRF Extension

Unless otherwise agreed in writing by the WPA, the MRF shall be developed in accordance with the details indicated on Drawing Nos. 3057.01 and 3057.02. The surface finishes of the roofs/walls of the MRF extension shall match existing in accordance with details to be agreed with the WPA.

Notes Following Visit The Local Planning Authority approved changes to the layout of the MRF building in letter dated 05.02.2008. The approved changes are shown on Drawing No LL/04/01 Rev B dated 07.01.08 and Drawing No LL/05/01 Rev A dated 30.11.07. The changes have not been implemented.

Page 19: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 19 of 30

Condition Number and Description Condition 30. Plant and Machinery to be Operated within the MRF

Unless otherwise agreed in writing by the WPA, the plant and machinery operated within the extended MRF shall not exceed the equipment set out in the schedule indicated in the Rowan Edwards letter dated 29 June 2001.

Notes Following Visit Since 2001 some plant and machinery used in the MRF has been replaced and updated. An updated list of plant and machinery was submitted as email dated 28.06.2013 and forwarded to Ellis Crompton Brown for consideration. No complaints have been received in relation to nuisances caused by the plant and machinery in this building.

Condition Number and Description Condition 31. Other Matters

Any skips stored on the land shall be incidental to the landfilling of the site and shall be confined to an area which shall have previously been approved in writing by the WPA.

Notes Following Visit All skips stored at the site should be incidental to landfilling and confined to an area previously agreed by the Local Planning Authority. A skip storage area on land to the west of the gas engine compound was approved on 22.06.2009 (shown on Drawing No. LQ031). This land is now used to store inert materials and the skips are now stored on land formerly occupied by the concrete batching plant and on the upper level above. Records indicate approval has not been obtained for this skip storage area. In letter dated 12.12.2016 the Operator requested approval for the current skip storage area as shown on SLR Drawing No 001 titled ‘Revised Skip Storage Area’ dated Oct 2016. The skip storage area was approved in email dated 27.04.2017 (ref PA17/01566).

Photograph showing the skip storage area

Condition Number and Description Condition 32. Other Matters Continued

All oil and/or fuel tanks shall be surrounded by bund walls of sufficient height and construction as to contain 110% of the total contents of the largest tank and associated pipework in the event of a spillage. All plant and machinery not in current use shall be stored in a tidy manner and all redundant plant, machinery, vehicles, or scrap shall be removed from the site.

Notes Following Visit There was no evidence to indicate non-compliance with this condition. The storage of potential pollutants is fundamentally regulated by the Environment Agency.

Page 20: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 20 of 30

Condition Number and Description Condition 33. Other Matters Continued

The report of the annual environmental audit required by the Site Licence shall be made available for inspection by the WPA on request.

Notes Following Visit The annual environmental audit was not requested at this time.

Condition Number and Description Condition 34. Working Programme and Phasing

Unless otherwise agreed in writing by the WPA, the working and restoration of the site shall be carried out only in accordance with the phased programme of progressive working and restoration shown on the approved plans.

Notes Following Visit Since the document SLR 4B-036-103 was approved in 2004 there have been a number of operational changes and the phased development and restoration of the landfill is no longer in accordance with that approved working scheme. Whilst revised plans were emailed to the Local Planning Authority in February 2009 and 2011, these were never considered acceptable by the Local Planning Authority. In letter dated 11.11.2016, the Operator submitted a revised plan ‘LE1/1 dated 02/2011 (titled Proposed Revised Phasing for the Landfill development)’ to the Local Planning Authority. The revised drawing was found acceptable in email dated 27.04.2017 (ref PA17/01566). Drawing LE1/1 dated 02/2011 (titled Proposed Revised Phasing for the Landfill development)’ is now recognised as the approved drawing and identifies the approved phases for developing and restoring the quarry. Notwithstanding the above, the most significant change on site has been the cessation of the delivery of wastes to the landfill on 31.10.2016 prior to the completion of the final levels shown on the approved plans. See condition 42 for further details. At the time tipping ceased, the basal development was in Phase 5 and the infilling was in Phase 6. The former active cell has since been capped. During the future monitoring visits the Local Planning Authority will continue to review the position of the site and the requirements identified in Condition 42.

Condition Number and Description Condition 35. Retention of Trees

The existing trees within the area edged purple on Drawing No. CN26(15)/A shall be retained and protected in a manner to be approved in writing by the WPA before the development commences and for the duration of the development, and shall not be damaged, destroyed, uprooted, felled, lopped or topped during that period without the previous written approval of the WPA. Any such trees removed without permission or dying or being seriously damaged or diseased during that period shall be replaced in the following planting season with trees or plants of similar size and species after approval by the WPA.

Notes Following Visit No tree work has been carried out in this area and no further action is required at this time.

Condition Number and Description Condition 36. Soil Stripping and Storage

Prior to any new tipping on undisturbed ground, all available topsoil shall be stripped from the areas for infilling and conserved for use in future restoration. No indigenous topsoil or subsoil shall be removed from the site.

Notes Following Visit Soils have been retained on site for future use in restoration. No new ground has been disturbed since the last visit.

Page 21: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 21 of 30

Condition Number and Description Condition 37. Height of Bunds

Unless otherwise agreed in writing by the WPA, all approved topsoils brought into the site for use in restoration shall be stored in bunds not exceeding 2 metres in height and in positions which have been approved in writing by the WPA.

Notes Following Visit No issues identified.

Condition Number and Description Condition 38. Tree Planting

(i) Associated with MRF Within 3 months from the date of this permission, the operator shall have submitted to and had approved in writing by the WPA a detailed tree planting scheme, associated with the MRF. The scheme shall detail precise areas of planting, sizes, species, spacing, ground preparation and a programme of implementation. The planting associated with the MRF shall be completed in the first planting season following the date of this permission, unless otherwise agreed with the WPA. (ii) Associated with landfilling Prior to the disposal of controlled waste within the containment site, the operator shall have submitted to and had approved by the WPA a detailed tree planting scheme for the landfill site. The scheme shall detail precise areas of planting, sizes, species, spacing, ground preparation and a programme of implementation. The planting shall coincide with or immediately follow completion of each phase of landfilling, whichever is the sooner and shall be so maintained thereafter. Within five years of planting, any trees, shrubs or other plants that die, become diseased, or are removed or damaged, shall be replaced in the first available planting season with others of a similar size and species in accordance with the details of the approved scheme unless the WPA gives written approval to any variation.

Notes Following Visit The proposed planting schemes associated with (i) the MRF and (ii) the landfill were submitted in a letter dated 11.01.2005 and were identified on Drawings LQC1 and LQC2 dated January 2005. As letter dated 04.10.2006 the Local Planning Authority responded stating that whilst the plans provided a certain amount of detail they did not include a proposed programme for implementation. The Local Planning Authority requested the Operator resubmit a programme of implementation before they could progress the submission. There is no record of a programme being submitted or of the tree planting schemes for the MRF or landfill being approved. In respect of part (i) in association with the MRF, given the time lapse it would no longer be considered expedient to pursue the submission of the scheme. However it is noted that some tree has been planted around the periphery of the MRF site. In respect of part (ii) in association with the phased tree planting on the landfill, records indicate that no tree planting scheme has been approved. In letter dated 11.11.2006 the Operator confirmed they would resubmit revised versions of LQC1 and LQC2 for consideration of approval. ACTION OPERATOR In respect of part (ii), the Operator should submit revised versions of LQC1 and LQC2 for consideration of approval. However given the cessation of delivery of wastes to the landfill (as outlined in Condition 42), the Operator may wish to include the planting details in the revised restoration scheme required to be submitted if the cessation continues beyond 30.04.2018.

Page 22: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 22 of 30

Condition Number and Description Condition 39. Limits of Tipping

Unless otherwise agreed in writing with the WPA, the final landform and surface restoration levels shall accord with the landform shown on the submitted plans and the finished restored contours shown on Drawing No. 3056.01. At no time shall the height of tipped material or restoration soils exceed the levels indicated.

Notes Following Visit There is no evidence to indicate the height of tipped material or restoration soils are above the identified finished restored contours. The final surface levels have not yet been achieved.

Condition Number and Description Condition 40. Limits of Tipping Continued

A survey of levels shall be carried out and submitted to the WPA for approval at intervals of 12 months starting from the date on which tipping operations commence.

Notes Following Visit The following surveys have been submitted on 29.08.2013 and forwarded to Planning Officer Tim Warne. -October 2012 - Full site survey -April 2013 - Update survey (active tipping area only) -February 2016 – Interim survey provided to the Local Planning Authority ACTION OPERATOR Given the last survey provided of the landfill was dated February 2016, the Operator should provide an update survey of the landfill to demonstrate the levels of the landfill at the time tipping ceased.

Condition Number and Description Condition 41. Limits of tipping Continued

As the operation approaches final waste levels and in any case before the final grading of cover and before the spreading of subsoil, the surface layers shall be checked by competent land surveyors. Thereupon markers shall be erected to indicate the approved final waste layers, approved restored surface level and any appropriate approved intermediate levels.

Notes Following Visit It is not known whether any levels have reached the final levels.

Condition Number and Description Condition 42. Restoration, Aftercare and After-Use

Unless otherwise agreed in writing by the WPA, in the event of a cessation of delivery of waste to the site prior to the achievement of the completion of the levels indicated in the approved plan which constitutes a permanent cessation (which shall be defined as a period of 18 months without any significant delivery of waste), a reclamation/restoration scheme, to include details of aftercare, shall be submitted in writing for approval to the WPA within 3 months of the permanent cessation of importation of waste. The approved scheme shall be implemented within 6 months of the written approval of the WPA, unless otherwise approved in writing by the WPA.

Notes Following Visit The delivery of wastes to the landfill ceased on 31.10.2016 and if the cessation continues for more than 18 months, namely until 30.04.2018, then the Local Planning Authority may identify a ‘permanent cessation’, prior to the completion of the final levels indicated on the approved plans. If a permanent cessation is identified then the Operator will be required to submit a revised restoration/aftercare scheme by 30.07.2018. The Local Planning Authority will continue to review this position though future monitoring visits.

Page 23: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 23 of 30

Condition Number and Description Condition 43. Restoration, Aftercare and After-Use Continued

Unless otherwise agreed in writing by the WPA, the site shall be progressively reclaimed and managed for agriculture and woodland in accordance with a scheme to be submitted for approval to the WPA within 12 months from the date of the permission. The scheme to be based on the submitted restoration plan (Drawing No. 3056.01), shall include details of:- (a) the nature and extent of the intended after-use of the site; (b) the sequence of phasing of restoration showing clearly the relationship to the working

scheme; (c) the thickness and type of cover (including topsoiling) in the relevant phases of tipping; (d) the ripping of any compacted layers of cover to ensure adequate drainage and aeration,

such ripping should normally take place before placing of the topsoil; (e) the machinery to be used in soil spreading operations; (f) drainage of the restored land including formation of suitably graded contours to promote

natural drainage and the installation of artificial drainage; (g) the reinstatement of the site access roads, deep cultivation in both directions to remove

rocks and other obstructions, replacing of subsoil and then topsoil previously stripped from the site;

(h) grass seeding/planting of restored areas with a suitable seed mixture as part of the aftercare;

(i) monitoring of settlement and remedial measures to be adopted; (j) a timetable for implementation; (k) any other matters as relevant and upon approval such scheme shall be implemented as

approved.

Notes Following Visit There are no records to indicate a scheme has been submitted. In letter dated 11.11.2016, the Operator has requested a deferral of the scheme. In email dated 27.04.2017, the Local Planning Authority agreed a deferment of the scheme until 20.04.2018 (ref PA17/01566), which coincides with the cessation date in Condition 42.

Condition Number and Description Condition 44. Restoration, Aftercare and After-Use Continued

Except as may otherwise be agreed with the WPA, on completion of the importation of waste material, all access roads, buildings and any other site facilities not essential for restoration/aftercare or for continuing landfill gas extraction/leachate monitoring and control shall be removed or demolished and any hardstandings or foundations shall be removed where these would interfere with the restoration of the site prior to the final seeding and cultivation of the land.

Notes Following Visit The delivery of wastes to the landfill ceased on 31.10.2016, prior to the completion of the final levels shown on the approved plans. Condition 42 identifies that the Local Planning Authority may identify a permanent cessation if the cessation continues for 18 months, namely until 30.04.2018. The Local Planning Authority will review the requirements of this condition should a permanent cessation be identified on 30.04.2018.

Page 24: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 24 of 30

Condition Number and Description Condition 45. Restoration, Aftercare and After-Use

At such time as the leachate treatment system and the landfill gas collection/flaring system is no longer required for the purposes hereby approved unless, otherwise agreed with the WPA, the structures and associated equipment shall be removed and the land restored in accordance with details to be agreed with the WPA.

Notes Following Visit The leachate treatment system and the landfill gas collection/flaring system remain in use and this condition is not applicable at this time.

Condition Number and Description Condition 46. Restoration, Aftercare and After-Use

During the operation of the site and the stated aftercare period following the cessation of operations, noxious weeds in particular Ragwort and Japanese Knotweed shall not be allowed to colonise the site. Recognised control measures shall be implemented as soon as practicable following initial infestation until clearance has been achieved.

Notes Following Visit There were no traces of any Ragwort or Japanese Knotweed on site at the time of this visit.

Condition Number and Description Condition 47. Restoration, Aftercare and After-Use

Unless otherwise agreed in writing with the WPA:- (i) aftercare schemes requiring such steps as may be necessary to bring the land to the required standard, shall be submitted for approval to the WPA not later than the expiration of 3 years following the implementation of this planning permission; (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 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 WPA; (iv) where the WPA agrees in writing with the person or persons responsible for undertaking the aftercare steps, that there shall be lesser steps, or a different timing between steps, the aftercare shall be carried out in accordance with that agreement.

Notes Following Visit This condition required an aftercare scheme to have been submitted within three months of the implementation of this permission. There are no records to indicate the scheme has been submitted and this condition is identified in breach. In letter dated 11.11.2016, the Operator has requested a deferral of the scheme. In email dated 27.04.2017, the Local Planning Authority agreed a deferment of the scheme until 20.04.2018 (ref PA17/01566), which coincides with the cessation date in Condition 42.

Page 25: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 25 of 30

09/00404/WAS Retrospective application seeking planning permission for the siting of two water storage tanks and associated pipework for facilitating odour control at the landfill site. The application also seeks to regularise the siting of a building associated with bird control at the site dated 12.01.2010

Condition Number and Description Condition 1. Commencement

The development hereby approved shall be begun not later than the expiration of three years from the date of this permission.

Notes Following Visit This permission was retrospective and the development was already built at the time the permission was issued.

Condition Number and Description Condition 2. Scope of Development

Unless otherwise agreed in writing with the Local Planning Authority (WPA), this permission authorises the construction of concrete plinth and installation of two water tanks for the purposes of holding and treating water for later use in odour control and for supply to the wheel wash at the Lean Quarry Landfill Site. The permission also regularises the other structures, including storage container and hawk cage shown on the approved plan.

Notes Following Visit The equipment has been installed in accordance with the permission although the plans suggest that the green steel store and the water tanks are further back from the haul road than they have been constructed. However, any differences are likely to be minimal and as the equipment is in a wooded area with no external visual Local Planning Authority there are no further concerns.

Condition Number and Description Condition 3. Adherence to the approved plans

Unless otherwise agreed in writing by the WPA or required by conditions attached to this permission, the development hereby permitted shall be carried out in accordance with the following plans and details:- LEA/07/02 Rev C – Site Location/Site Plan LEA/07/01 Rev C – Water Storage Tanks Views

Notes Following Visit With the exception of the comments made in the previous condition, the development appears to be in accordance with the approved plans.

Page 26: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 26 of 30

Condition Number and Description Condition 4. Noise Control

(i) Unless otherwise agreed in writing by the WPA, the noise arising from the application area shall not exceed the following:- between 0600 and 1900 hours Mondays to Fridays and between 0700 and 1500 hours on Saturdays a level of 55dBA (1 hour) between 1900 and 2300 hours Mondays to Fridays and between 1500 and 2300 hours on Saturdays and between 0700 and 2300 hours on Sundays and Bank Holidays a level of 45 dBA (1 hour) between 2300 and 0600 hours Mondays to Fridays and between 2300 and 0700 on any other working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site. (ii) At the cessation of quarrying, roadstone coating and concrete batching activities at Lean Quarry, the total noise arising from the application site shall not exceed the following:- between 0700 and 1700 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays and between 0700 and 1700 on Saturdays following Bank Holidays a level of 55dBA (1 hour) between 1700 and 2300 hours Mondays to Fridays and between 1300 and 2300 hours on Saturdays and between 0700 and 2300 hours on Saturdays and Bank Holidays a level of 45dBA (1 hour) between 2300 and 0700 hours on any working day a level of 28dBA (5mins) The abovementioned levels shall be measured freefield at the curtilage of any inhabited dwelling in the vicinity of the site. Notes Following Visit The Local Planning Authority is not investigating any complaint in respect of working hours.

Condition Number and Description Condition 5. Tree Protection

The existing trees within the application site and identified on Drawing No. LEA/07/02 shall be retained/protected for the duration of the development and shall not be damaged, destroyed uprooted, felled, lopped or topped during that period without the previous written approval of the WPA. Any such trees removed without permission or dying or being seriously damaged or diseased during that period shall be replaced in the following planting season with trees or plants of a similar size and species after approval by the WPA. Notes Following Visit No tree work has been carried out recently in this area.

Condition Number and Description Condition 6. Restoration

Unless otherwise agreed in writing by the WPA, on the completion of the importation of waste material to the Lean Quarry Landfill Site, the tanks, other structures within the approved area shall be removed along with any hardstandings with the site being restored in accordance with a scheme to be agreed in writing by the WPA. Notes Following Visit The delivery of wastes to the landfill ceased on 31.10.2016, prior to the completion of the final levels shown on the approved plans. Condition 42 of planning permission CC/CN/00/00134/CN [CN26(15)] dated 01.03.2002 states that the Local Planning Authority may identify a permanent cessation if the cessation continues for 18 months, namely until 30.04.2018. The Local Planning Authority will review the requirements of this condition should a permanent cessation be identified on 30.04.2018.

Page 27: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 27 of 30

NR/08/00250/SEC73 dated 01.07.2008. To allow engineering developments associated with landfill site to be carried out between 0600 and 1900 hours Monday to Friday and between 0700 and 1500 hours on Saturdays annually from May to September inclusive.

Condition Number and Description 1. Working Hours

Unless otherwise agreed in writing by the Local Planning Authority, no tipping operations shall be carried out except between the following times:- between 0700 and 1700 hours Mondays to Fridays between 0700 and 1300 hours Saturdays between 0700 and 1700 hours on Saturdays including following a Bank Holiday There shall be no working on Sundays, Bank or Public Holidays. The abovementioned working hours shall not apply to the MRF subject to the restrictions on the vehicle movements set out in Condition No. 19 of the original Decision Notice dated 26th October 2002. The abovementioned hours shall not preclude engineering developments (defined below) and associated with the landfill site taking place between the following hours:- Between 1700 and 1900 hours Mondays to Fridays and between 1300 and 1500 hours on Saturdays annually from May to September inclusive, although no blasting, excavation, crushing and screening activities shall take place after 1800 hours Monday to Fridays and after 1300 hours on Saturdays Notes Following Visit The Local Planning Authority is not investigating any complaints in respect of works being undertaken outside of the approved working hours.

Page 28: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 28 of 30

PA16/01834 dated 10/05/2016 Application for installation of three replacement leachate storage tanks on Lean Landfill

Condition Number and Description Condition 1

The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

Notes Following Visit The development had not commenced at the time of this visit. The development should be begun by 10.05.2019, otherwise the permission will expire.

Condition Number and Description Condition 2

The development hereby permitted shall be carried out in accordance with the plans listed below under the heading "Plans Referred to in Consideration of this Application". Notes Following Visit The permission had not been implemented at the time of this visit.

Page 29: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 29 of 30

5. Legal Agreements None 6. Comments None 7. Noise Monitoring Results None 8. Blast Monitoring Results None 9. Dust Monitoring Results None 10. Other Matters None 11. Issues to be Addressed

Issues to be addressed by Operator

CC/CN/00/0134/CN [CN26(15)] Proposed Integrated Waste Management Facility. Approved on 01.03.2002

Condition 38. Tree Planting In respect of part (ii), the Operator should submit revised versions of LQC1 and LQC2 for consideration of approval. However given the cessation of delivery of wastes to the landfill (as outlined in Condition 42), the Operator may wish to include the planting details in the revised restoration scheme required to be submitted if the cessation continues beyond 30.04.2018. Condition 40. Limits of Tipping Continued Given the last survey provided of the landfill was dated February 2016, the Operator should provide an update survey of the landfill to demonstrate the levels of the landfill at the time tipping ceased.

Issues to be addressed by the Local Planning Authority

CC/CN/00/0134/CN [CN26(15)] Proposed Integrated Waste Management Facility. Approved on 01.03.2002 Condition 2. Scope of the Permission The Local Planning Authority should consider the regularising application ref PA17/03485 by 12.09.2017.

Tim Warne [email protected]

Tel: 01872 224475 Mob: 07968 515626

Page 30: Monitoring of Mineral and Landfill Planning Permissions ... · PDF fileReport Author: Mrs Stephanie ... (MRF); (ii) operating the ... required the plastic liner to be black and being

Page 30 of 30

12. Summary Lean Quarry Landfill & Materials Recycling Facility is situated approximately three kilometres to the south of Liskeard on a hillside to the north west of Horningtops.

The site originally operated as an aggregates quarry, but on 01.03.2002 planning permission CC/CN/00/0134/CN [CN26(15)] was approved for the development of an Integrated Waste Management Facility. This provided for the importation of controlled wastes to backfill and restore the quarry and for a Materials Recovery Facility (MRF). Further to this, a Section 73 application was approved on 01.07.2008 (ref NR/08/00250/SEC73) to vary the working hours for engineering developments associated with the landfill site during the summer months. On 12.01.2010 a retrospective application (ref 09/00404/WAS) was approved for the siting of two water storage tanks and a building associated with bird control. On 10.05.2016 application PA16/01834 was approved providing for the installation of three replacement leachate storage tanks.

The most significant recent change has been the cessation of the delivery of wastes to the landfill on 31.10.2016, prior to the completion of the final levels shown on the approved plans. Condition 42 states the Local Planning Authority may identify a ‘permanent cessation’ if the cessation continues for 18 months, namely until the 30.04.2018. If a permanent cessation is identified then the Operator will be required to submit a revised restoration/aftercare scheme by 30.07.2018. The Local Planning Authority will continue to review this position though future monitoring visits and the requirements to meet the terms of Condition 42.

At the time tipping ceased the basal development of the landfill was in Phase 5 and in regards to filling the development was in Phase 6. The active cells have since been capped. The MRF building is not currently being used as a MRF. The specialised plant for sorting, separating and preparing the recyclable materials is no longer on site. The building is currently being used as a waste transfer station for the temporary deposition of waste before it is bulked up for transport and disposal off-site.

The matters identified during this visit are summarised in the table shown in Section 10. The Local Planning Authority is not investigating any complaints about the site.