Office Use Only Monitoring of Mineral and Landfill Planning Permissions … · 2018-01-16 · Page...

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Lantoom Quarry, Dobwalls, Liskeard, Cornwall. PL14 6JH

on 5th October 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.

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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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 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: Lantoom Quarry, Dobwalls, Liskeard Cornwall PL14 6JH

Planning Permission(s):

PA12/00672 dated 15.06.2012. Application for determination of new conditions on existing planning permissions.

PA12/00673 dated 07.06.2012. Extension of quarry onto adjoining land.

PA12/00674 dated 14.06.2012. Modification of existing scheme of conditions to adopt a common scheme of conditions controlling development for the winning and working of minerals and extension of time limit to co-inside with time limits or other permissions relating to the site.

Note: The same conditions and approved drawings apply to the three planning permissions listed above (PA12/00672, PA12/00673 and PA12/00674), with the exception of Condition 2 on each of the decision notices which refers to the different red line areas. To avoid duplication in this report each condition is only shown once but the comments apply to all three permissions (with the exception of condition 2 which has been listed separately, for each of the three permissions, to reflect the different red line areas). The total number of conditions for all three permissions is identified on the front page of this report, namely 96 conditions in total. The following aerial photograph shows the boundaries of the three planning permissions above:

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Other known planning history:

95/1177/CON (CN24(4)) dated 27.01.1997. Regularisation of existing operational areas namely stones extraction, process stone stockpiling and storage of plant and machinery. Superseded by permission PA12/00672 dated 15.06.2012.

95/1179/CON (CN24(5)) dated 27.01.1997. Determination of planning conditions of the Interim Development Order. Superseded by permission PA12/00672 dated 15.06.2012.

CN24(6) dated 14.05.2008. Application to vary condition No's 2, 3, 4 and 5 of Decision No 87/914/F concerning extending the duration of the above mentioned permission area beyond 31.12.2007 (Condition 2) along with provision of revised access layout and landscaping/ planting scheme for the quarry frontage in general to take account of the impact of the Dobwalls By-pass and associated developments (Conditions 3, 4, and 5). Superseded by permission PA12/00674 dated 14.06.2012.

87/914/F dated 07.12.1987. Extension of quarry to win and work building stone. Expired 31.12.2007 and superseded by CN24(6) dated 14.05.2008.

12/D/1770 dated 24.01.1948 Winning and working. Superseded by 95/1179/CON (CN24(5)) dated 27.01.1997.

Legal Agreement(s): None

Operator: Lantoom Ltd

Site Status: Active

Type of Visit: Announced / chargeable visit

Date of Visit: 5th October 2017

Time on Site: 10.30

Time off Site: 11.40

Visiting Officer/s: Mrs Stephanie Carlyon, Development Officer, Cornwall Council

Attendees: Mr Sam Hunt – Lantoom Ltd

Weather: Sunny spells, showers, light winds

Ground Conditions: Saturated

Report Author: Mrs Stephanie Carlyon, Development Officer, Cornwall Council

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3. Historical Aerial Photos

Aerial photograph dated 01/01/2001


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4. Compliance with Planning Conditions PA12/00672 dated 15.06.2012. Application for determination of new conditions on existing planning permissions. PA12/00673 dated 07.06.2012. Extension of quarry onto adjoining land. PA12/00674 dated 14.06.2012. Modification of existing scheme of conditions to adopt a common scheme of conditions controlling development for the winning and working of minerals and extension of time limit to co-inside with time limits or other permissions relating to the site. Note: The same conditions and approved drawings apply to the three planning permissions listed above (PA12/00672, PA12/00673 and PA12/00674), with the exception of Condition 2 on each of the decision notices which refers to the different red line areas. To avoid duplication in this report each condition is only shown once but the comments apply to all three permissions (with the exception of condition 2 which has been listed separately to reflect the different red line areas in each of the permissions). The total number of conditions for all three permissions is identified on the front page of this report, namely 96 conditions in total.

Condition Number and Description Condition 1

This permission shall not be valid after 21st February 2042. Unless further planning, permission has been granted for a continuation of the operation beyond this period, all 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 further conditions. Notes Following Visit These decision notices remain in date at the time of this visit and will expire on 21.02.2042. Notwithstanding this, the submission deadline for the next Review of Mineral Permissions (ROMP) application is recognised as being15.06.2027.

Condition Number and Description Condition 2 (only applicable to Decision No. PA12/00672 - see aerial photo on page 4)

This permission is restricted to the area coloured blue on Drawing No. LAN/10/002a. There shall be no stone extraction except within the area shaded orange shown on Drawing LAN/10/005 and no development within the hatched area denoted ‘No proposed development’ on Drawing LAN/10/005. There shall be no Phase 1 quarry working below an elevation below the ‘Maximum Depth of Working’ shown on Drawing Nos. LAN/10/006, LAN/10/007 and LAN/10/008 ie the 66 Metre Above Ordnance Datum Level Notes Following Visit The area coloured blue on Drawing No. LAN/10/002a refers to the land occupied by the saw sheds, offices, northern bund in part, settling lagoons, an area to the east of the access road and a small section of the extraction area. Developments remain within the area coloured blue. The hatched area denoted ‘No proposed development’ remains undisturbed. Phase 1 remains above the lowest limit of 66m AOD. In 2015, part of the shoulder of land to the south west of the saw sheds was removed to allow for an internal access track between the quarry void and the processing sheds. Upon inspection of the approved Drawing LAN/10/005, the Local Planning Authority determined that part of this land fell outside the permitted extraction area shaded orange on Drawing LAN/10/005. On 05.11.2014 advice was sought from Principal Planning Officer Tim Warne and it was determined that as only a limited section of the ground removed marginally fell outside the permitted extraction area the works had not caused any significant harm to the amenity. On this basis the Local Planning Authority did not require any further action but the Operator was advised that the deviation from the approved plans could be regularised by a Non Material Amendment planning application. Photographs are shown over the page.

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Photographs showing the car parking area

Photograph showing the offices and welfare facilities

Photograph showing the cutting/saw sheds ad wheal cleaning pit

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Condition Number and Description Condition 2 (only applicable to Decision No. PA12/00674 - see aerial photo on page 4)

This permission is restricted to the area coloured pink on Drawing No. LAN/10/002a. There shall be no stone extraction except within the area shaded orange shown on Drawing LAN/10/005 and no development within the hatched area denoted No proposed development on Drawing LAN/10/005. There shall be no Phase 1 quarry working below an elevation below the `Maximum Depth of Working `shown on Drawing Nos. LAN/10/006, LAN/10/007 and LAN/10/008 i.e. the 66 Metre Above Ordnance Datum Level Notes Following Visit The area coloured pink on Drawing No. LAN/10/002a includes the northern bund in part and the majority of the Phase 1 Extraction area shaded in orange shown on Drawing LAN/10/005. Developments remain within the area coloured pink. Extraction continues in a north and westerly direction with the majority of the waste being tipped adjacent to the northern bund. The Operator has advised the hatched area denoted by ‘No proposed development’ is no longer available to them. The lowest elevation remains above 66mAOD limit.

Photograph looking south eastwards across the quarry void showing the extraction area

Photograph looking eastwards across the quarry void

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Condition Number and Description Condition 2 (only applicable to Decision No. PA12/00673 -see aerial photo on page 4)

This permission is restricted to the area edged red on Drawing No. LAN/10/002a. There shall be no stone extraction except within the area shaded brown shown on Drawing LAN/10/005. There shall be no development within the hatched area denoted ‘No proposed development’ on Drawing LAN/10/005. There shall be no Phase 2 quarry working below an elevation below the ’Maximum Depth of Working’ shown on Drawing Nos. LAN/10/006, LAN/10/007 and LAN/10/008 i.e. the 59 Metre Above Ordnance Datum Level.

Notes Following Visit This area edged red on Drawing No. LAN/10/002a refers to the Phase 2 extraction area on the eastern side of the access road and a soil storage area. No developments have commenced in Phase 2 and no soil is stored on the eastern side of the quarry. The land denoted by ‘No proposed development’ on Drawing LAN/10/005 does not fall within this area.

Photograph looking westwards across Phase 2 showing it has not been disturbed at this time

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The development shall take place in strict accordance with the submitted details and following drawings and details:- Drawing No. LAN/10/002a Application Site Areas Drawing No. LAN/10/005 Development and Phasing Plan Drawing No. LAN/10/006 Section A-A and Section B-B Drawing No. LAN/10/007 Section C-C Drawing No. LAN/10/008 Section D-D Drawing No. LAN/10/0013 Landscape Development Plan Drawing No. LAN/10/0014 Sectional Plan of Bund Extension Drawing No. LAN/10/0015 Detail of Northern Bund Planting Scheme Drawing No. LAN/10/0016 Restoration Plan Drawing No. LAN/10/0017 Restoration Sections A-A and B-B Drawing No. LAN/10/0018 Restoration Section C-C Drawing No. LAN/10/0019 Restoration Section D-D Drawing No. LAN/10/0020 Section of Proposed Hedgebank and Bund Drawing No. LAN/10/0021 Section of Proposed Topsoil/Subsoil Storage Areas Drawing No. LAN/10/0028 Access Plan

Notes Following Visit Developments at this site appear to follow those which have been approved by the listed drawings, unless otherwise stated in this report. During a former visit in 2014, the designated parking area was observed to have been extended further southwards towards the Phase 2 access road. Whilst the extended parking area marginally falls outside the designated plant area shown hatched on Drawing No. LAN/10/005, the Local Planning Authority did not consider it be causing any significant harm. The Operator has been advised that the deviation from the approved plans could be regularised by a Non Material Amendment application.


The development shall be carried out in accordance with the details shown on Drawing No. LAN/10/005. There shall be no development in the Phase 2 extraction and tipping area shaded brown on Drawing No. LAN/10/005 until such time as details for the timing of the cessation of extraction and restoration of the Phase 1 extraction and tipping area shaded orange on Drawing No. LAN/10/005 has been agreed in writing by the Local Planning Authority.

Notes Following Visit Developments continue to progress in accordance with Drawing No. LAN/10/005. The details for the timing of cessation of extraction and restoration in Phase 1 have not yet been submitted. The Operator is aware of the terms of this condition and has indicated there is no intention to commence development in Phase 2 in the forthcoming year.


Access to and from the site in connection with the transport of all quarried materials shall not be permitted other than via the main site entrance shown on Drawing No. LAN/10/0028. Notes Following Visit The sole access to and from the site remains by the approved entrance identified on Drawing No. LAN/10/028.

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The operator shall employ the best practicable means to prevent the transfer of mud, dust, mud, stones and other deleterious materials onto the public highway. This includes the provision of a wheel wash at the location marked on Drawing No. LAN/10/005. Notes Following Visit The highway outside of the site was in good condition at the time of this visit and the Local Planning Authority is not investigating any complaints about the condition of the road. Water sprayers are sited just before the exit onto the public highway but these were not in operation at the time of the visit as the surfaces were wet from the recent showery weather. A wheel cleaning pit is also provided in the processing yard.

Photograph showing the wheel cleaning pit adjacent to the cutting sheds

Photograph showing the condition of the site entrance and highway outside of the site

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All loaded lorries leaving the site carrying quarried materials with a particle size of less than 100mm shall be sheeted (or some other equally effective means of dust suppression shall be employed) to effectively prevent the emission of dust from vehicles using the public highway. Notes Following Visit Lorries seen leaving the site were loaded with materials greater than 100mm and these were loaded onto pallets. The Local Planning Authority is not investigating any complaints about this condition.


Except for routine plant maintenance, no operations, including the operation of fixed plant authorised or required by this permission shall be carried out on the site except between the following times: -between 0700 and 1900 Mondays to Fridays -between 0700 and 1300 Saturdays There shall be no operations on Sundays or Public Holidays. Notes Following Visit The Local Planning Authority is not investigating any complaints in respect of working hours and there is no evidence to indicate operations are undertaken outside of the approved working hours.


All practicable means shall be employed by the operators for preventing and minimising the emissions of dust, fumes, smoke, smell or the creation of noise during the approved use of the site. The word ‘practicable’ and the phrase ‘practicable means’ in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act 1990 as defined below. The provisions of this condition include the installation and maintenance of silencers on all plant and machinery to the manufacturers recommended specification.

Notes Following Visit The stone cutting saws are set up within enclosed cutting sheds with water sprays to reduce dust. The crushing and screening plant is sited within the quarry void. The entrance area is surfaced with concrete and has a 10mph speed limit helps to mitigate noise and dust. A water supply is available for use in dust suppression from the water lagoons. The Local Planning Authority is not investigating any complaints in relation to these matters.


The noise levels arising from the quarrying and ancillary operations during the approved working hours shall not exceed a level of 45bB LA eq (1 hour) as measured at the curtilage of any of the four dwellings at Lantoom Farm or 48dB LA eq (1 hour) at the curtilage of any other inhabited dwelling in the vicinity of the site (freefield). No powered screening equipment shall be operated within 100 m of the western boundary of the site unless it is located at a depth of at least 8 metres below the original ground level. Where the Local Planning Authority notifies the operator of a noise complaint or complaints which are attributable to operations within the site, the operator shall be required to undertake self monitoring of noise levels and operations to demonstrate compliance with this condition, in accordance with a scheme to be approved in writing by the Local Planning Authority. Notes Following Visit The Local Planning Authority is not investigating any noise complaints. The powered screening plant was located within the appropriate area.

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Photograph showing the powered screening plant sited within the quarry void


There shall be no use of single or multi pitch reversing bleepers on mobile plant or vehicles used in the operation of the site that are in the control of the operators. The provisions of this condition shall not preclude the use of ‘white noise' or other alternative health and safety warning devices. Notes Following Visit No single or multi pitch bleepers were witnessed to be in use at this site during this visit.


The operator shall maintain the control measures described in the Dust Statement to minimise the creation and emission of dust from the site Notes Following Visit The Local Planning Authority is not investigating any dust complaints and the Operator is aware of the required control measures.


Ground vibrations from blasting shall not exceed a peak particle velocity of 8.5mm per second at or near the foundations of any vibration sensitive building or residential premises in the vicinity of the site. The measurement to be the maximum of three mutually perpendicular directions taken at the ground surface. The operator shall self monitor all blasts and release to the Local Planning Authority all readings measured in accordance with a programme to be agreed with the Local Planning Authority. There shall be no secondary blasting or the use of non-explosive gas expanding rock breaking, except with the written agreement of the Local Planning Authority. Notes Following Visit Stone is excavated by hydraulic machinery and no blasting is currently undertaken. Prior to any blasting at the quarry a blast monitoring scheme would need to be agreed by the Local Planning Authority.

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Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order, no plant or machinery, buildings, structures and erections or private ways shall be erected, installed or replaced outside the designated plant area shown hatched on Drawing No. LAN/10/005 - Development and Phasing Plan. Any variance to this shall only be with the prior written approval of the Local Planning Authority. Notes Following Visit Note: Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 has since been replaced by Part 17 of The Town and Country Planning (General Permitted Development) (England) Order 2015

As letter dated 10.10.2012, the Operator sought a minor variance so the word 'fixed’ was inserted in this condition. The Local Planning Authority approved this amendment in email dated 11.10.2012 and the condition now reads: ‘Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order, no fixed plant or machinery, buildings, structures and erections or private ways shall be erected, installed or replaced outside the designated plant area shown hatched on Drawing No. LAN/10/005 - Development and Phasing Plan. Any variance to this shall only be with the prior written approval of the Local Planning Authority.

There was no fixed plant, machinery, buildings or structures outside of the designated plant area shown hatched on Drawing No LAN/10/005.

This condition does not preclude any prior approval requirements which may be deemed necessary under Part 17 for any new installations within the designated plant area shown hatched on Drawing No. LAN/10/005.


All lights and floodlights shall be screened so as not to cause a nuisance or annoyance to any occupied dwelling in the vicinity of the site. Notes Following Visit The Local Planning Authority has not received any complaints about lighting. At this time all fixed external lights are located within the Fixed Plant, Storage and Processing Area.


There shall be no stockpiling of any material, or construction of any plant or buildings to an elevation exceeding the ‘Maximum Tipping Height shown on Drawing Nos LAN/10/006, LAN/10/007, LAN/10/008.

Notes Following Visit The Operator should be mindful of the height of waste materials which have tipped adjacent to the northern bund and ensure they do not exceed the maximum approved height. The Local Planning Authority will continue to review this during the next monitoring visit. All other stockpiles, plant and buildings were below the ‘Maximum Tipping Height’ shown on Drawings LAN/10/006, LAN/10/007 and LAN/10/008.

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Photographs above showing the height of waste which has been tipped adjacent to the northern bund


No topsoil or subsoil shall be stripped from any previously unexcavated part of the site unless the area to be stripped has first been subjected to the Written Scheme of Investigation SLR Ref 406.03555.00003 dated October 2011. Notes Following Visit The Written Scheme of Investigation (ref 406.03555.00003 dated October 2011) states that a ‘Strip, Map and Sample and Watching Brief’ should be undertaken before any plant, vehicle or machinery is allowed to cross any newly stripped surfaces and that draft copies of the subsequent report should be sent to Cornwall Council’s Historic Environment Service for comment. Following any amendments, final copies of the report should be sent to the Client and the Local Planning Authority. The topsoil has been stripped from the western fields in the area shown in pink on Drawing LAN/10/002a. The soils have been temporarily stored near the northern bund for use in restoration. A copy of the Archaeological Watching Brief was supplied during the visit on 25.11.2014 and forwarded to Tim Warne as email dated 20.12.2013.

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The operators shall adopt in full the mitigation measures set out in Section 4 of the Lantoom Quarry Ecological Assessment dated October 2010. Notes Following Visit The mitigation measures identified in Section 4 are included on approved Drawing LAN10/013 (Landscape Development Plan). Included in this are:

Phase 1

• The creation of 1.5ha of grassland/meadow in the western field – this land has yet to be extracted.

• The construction of a new hedgerow along the western boundary and along the northern bund: A stone hedgerow has been built along the western boundary and along the top of the bund.

• The creation of three shallow ponds: Three shallow ponds have been created along the outer edge of the bund and one of these was observed to be holding water.


All existing topsoil and subsoil stripped from the areas shaded brown and orange shown on Drawing No. LAN/10/005 shall be stripped in a dry condition and shall be retained on site for later use in restoration. Topsoil and subsoil shall be stored separately from each other. Soil movement shall ideally not take place between October and April unless weather conditions are favourable. On reinstatement, the subsoil shall be replaced first and shall be loosened, by cultivation across the contours prior to spreading of the topsoil. Notes Following Visit Topsoils removed from Phase 1 have either been used to dress the northern bund or temporarily retained on site adjacent to the new hedgerow for use in restoration (see Condition 20 for further details). The Local Planning Authority has not been present during the soil removal.


No development other than topsoil and subsoil storage shall take place within the area shaded yellow on Drawing LAN/10/005 and the topsoil and subsoil shall be stored in accordance with the section drawing No. 10/0021. Topsoil and subsoil may only be stored in other areas with the prior written approval of the Local Planning Authority. Notes Following Visit No developments have taken place within the area shaded yellow on Drawing LAN/10/005. In email dated 19.10.2016 the Operator requested approval for a temporary soil storage area immediately to the south of the newly completed northern bund hedgerow. In email dated 25.10.2016 the Local Planning Authority approved the request on the basis that the soil storage levels do not exceed the level of the adjoining hedgerow (1.5 metres) and as long as the storage is temporary and materials are used for the restoration of the site prior to the expiration of the planning consents.


The bund extension described in the sectional plan Drawing No. LAN/10/014 and the Landscape Development Plan LAN/10/013 shall be constructed and planted within 3 years of the date of this permission Notes Following Visit In email dated 19.10.2016 the Operator advised the Local Planning Authority the construction of the northern bund and 200m of hedgerow had been completed and provided a copy of the final land survey. Since the last visit in November 2016 the hedgerow has been planted with trees although this is not required in the planning conditions. Photographs are shown on the following page.

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Photographs above showing the hedgerow and the tree planting


Noise from temporary works including landscaping and soil stripping on the site shall not exceed a free field level of 70dB(A), LAeq (1 hour), at the curtilage of any dwelling at any time. Levels of up to 70dB LAeq (1 hour) Free field, from work, will be permitted on weekdays only, between 0900 and 1700 hours for no more than 8 weeks in any year at any dwelling. Outside of these times the standard noise condition levels above will apply. Notes Following Visit No noise complaints have been received during the temporary works.


During the operation of the site and the stated aftercare period, noxious weeds in particular Ragwort and Japanese Knotweed shall not be allowed on the site. Recognised control methods shall be implemented as soon as is practicable following initial infestation until clearance has been achieved. Notes Following Visit No Japanese Knotweed or noxious weeds were evident during the visit.


Any oil, lubricant or other potential pollutants shall be stored in suitable containers to prevent pollution to any watercourse or underlying groundwater.

Notes Following Visit Fuels are stored within bunded facilities in the Fixed Plant, Storage and Processing Area.


The drainage scheme shall be laid out in accordance with Drawing No. LAN/10/009 and the surface water management scheme shall be constructed and operated in accordance with the document titled Flood Risk Assessment Additional Information. Notes Following Visit There hasn’t been any evidence to indicate non-compliance with the approved schemes. The Environment Agency monitors the discharge point into the nearby waterbody.

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Photograph showing the settlement lagoons


The existing trees, bushes and hedgerows within the site shall be retained in accordance with the Landscape Development Plan Drawing No. LAN/10/013. There shall be no tipping or alteration of existing contours within 5 metres of any existing trees, unless otherwise previously agreed in writing by the Local Planning Authority. Any such vegetation dying, being severely damaged or becoming seriously diseased, as a result of operations hereby permitted, shall be replaced with trees or bushes of such size and species as may be specified by the Local Planning Authority in the planting season immediately following any such occurrence. No hedgerows shall be removed outside of the areas shaded brown and orange shown on Drawing No. LAN/10/005. The new hedgerow along the south west boundary of the site shown on Drawing No. LAN/10/0013 shall be constructed at least 3 years before the removal of any other hedgerow, except that as may be necessary to widen the existing gateway to gain access to construct the bund and new hedgerow shown on Drawing No. LAN/10/020 Notes Following Visit In a letter dated 28.11.2013 a Non Material Amendment application (ref PA13/10392) was approved to revise the terms of Condition 26, so that the following words in italic were added to the end of the condition: “and also not more than 45 metres of hedgerow between points marked ‘A’ and ‘B’ on drawing LAN/10/0013/REVA in respect of decision notice PA12/00672”. This permitted the removal of the hedgerow between points ‘A’ and ‘B’ on drawing LAN/10/0013/REVA, which was then later acknowledged to have been removed between monitoring visits undertaken in February 2014 and July 2014. The new hedgerow and bund along the south western boundary of the site was completed in July 2013. This has since included additional tree planting across the top of the hedgerow which was not required by planning condition. In accordance with this condition, no existing hedgerow could be removed until July 2016, to allow sufficient time for the new hedgerow to establish and to mitigate against the loss of the original hedgerows.

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During a monitoring visit on the 28.01.2016, the trees along the hedgerow were observed to have been removed although the hedgerow itself remained in place. The Operator advised that the trees had been removed at that time to avoid the approaching bird nesting and reptile season. The Operator was reminded in that subsequent report that the hedgerows should not be removed until July 2016. During the previous visit in June 2016, it was observed that the hedgerows had been removed prior to the agreed timeframe and this condition was shown in breach. In email dated 23.06.2016, the Operator explained that the hedgerow had been removed in May 2016 so the soils could be reused in the construction of the new hedgerow on top of the northern bund to assist with the compliance with Condition 21 (completion of the northern bund). They wanted to re-use the soil to maintain the existing seed bank and maximise the ecological benefit. They have also advised they had planted additional trees on the south western hedgerow and would undertake additional tree planting on top of the new hedgerow on the northern bund, although this was not conditionally required. Whilst the Operator has technically breached the terms of this condition, the Local Planning Authority recognises that the timeframe to remove the hedgerows was only breached by 6 weeks and that they have mitigated against some of the ecological loss of the old hedgerows by reusing the existing soil bank and planting additional trees where no conditional requirements existed. On this basis the Local Planning Authority does not consider it expedient to pursue this any further.


There shall be no importation of waste to the site without the express granting of any further planning permission. This shall not preclude the use of mineral waste arising from within the Lantoom Quarry complex being backfilled in accordance with the approved phasing plans or the importation of topsoil for restoration purposes as necessary.

Notes Following Visit There was no evidence to indicate that waste has been imported to the site and no top soil has been imported for restoration purposes at this time.


The site shall be progressively restored in accordance with the details shown on Drawing Nos.LAN/10/0016, LAN/10/0017, LAN/10/0018, LAN/10/0019 and in accordance with a scheme to be agreed in writing with the Local Planning Authority with the timetable to be submitted within 12 months from the date of this permission. The scheme shall also detail surface water management of the restoration of the site which shall include: - -measures to attenuate and control flow off site -measures to manage water quality -landscaping and habitat enhancement for the lagoons -a programme for implementation -a plan for the future maintenance and management of the system. The scheme shall be fully implemented and subsequently maintained in accordance with the approved details. Notes Following Visit The timetable was submitted in email dated 14.06.2013 and was approved in email dated 24.06.2013. The approved timetable identifies the following: 15th June 2018 -Phase 1 extraction progress to be reported to the LPA & review of timetable. 15th June 2019 -Estimated date for commencement of soil and overburden stripping Phase 2 15th June 2020 -Estimated date for completion of Phase 1 extraction. 15th June 2020 -Provisional date for submission Phase 1 restoration scheme. 15th June 2025 -Estimated date for completion of Phase 1 restoration. 15th June 2035 -Provisional date for submission of Phase 2 restoration scheme. 21st February 2042 -Completion of Phase 2 restoration scheme.

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As the rate of restoration will be determined by the rate of extraction and this will determined by market and geological factors, the Local Planning Authority will review achievability with the timetable during future monitoring visits and whether a variation will need to be sought.


All plant and buildings shall be removed from the site on completion of quarrying. Any plant or building which is no longer in use in connection with quarrying operations shall be removed from the site. Notes Following Visit There are no redundant buildings or plant on site at the time of the visit. Quarrying continues at this time.


In the event of the cessation of winning and working operations prior to the completion of the approved restoration scheme, which in the opinion of the Local Planning Authority 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, and a programme of implementation, shall be submitted in writing for the approval of the Local Planning Authority within six months of the cessation of the winning and working. The approved revised scheme shall be fully implemented in accordance with the approved programme of implementation.

Notes Following Visit The site remains operational and this condition is non applicable at this time.


An aftercare scheme shall be submitted for the approval of the Local Planning Authority not later than 15 years from date of commencement of development in the Phase 2 extraction and tipping area shaded brown on Drawing No. LAN/10/005. The submitted scheme shall specify the steps to be taken and the periods during which they are to be taken. Unless otherwise agreed in writing by the Local Planning Authority, such steps shall be carried out for a minimum period of five years following completion of the quarrying operations. Notes Following Visit Developments have not yet commenced in the area shaded brown on Drawing LAN/10/005. The Operator is aware that the aftercare scheme required in this condition would need to be submitted 15 years from the date of commencement in this area.


No later than 15 years from date of commencement of development in the Phase 2 extraction and tipping area shaded brown on Drawing No. LAN/10/005 the final levels for that area shall be agreed in writing with Local Planning Authority. At the same time a restoration and management plan incorporating mitigation for the loss of habitat and maximise the opportunity for biodiversity shall be submitted for approval by the MPA and once approved this plan shall be implemented in accordance with a timetable to be agreed by the Local Planning Authority. Notes Following Visit Developments have not yet commenced in the area shaded brown on Drawing LAN/10/005. The Operator is aware that the scheme required in this condition would need to be submitted 15 years from the date of commencement in this area.

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5. Legal Agreements None 6. Comments The submission deadline for the next Review of Mineral Permissions (RoMP) application is recognised as being15.06.2027. Permissions PA12/00672 dated 15.06.2012, PA12/00673 dated 07.06.2012 and PA12/00674 dated 14.06.2012 will expire on 21.02.2042. 7. Noise Monitoring Results None 8. Blast Monitoring Results None 9. Dust Monitoring Results None 10. Other Matters None 11. Issues to be Addressed None

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12. Summary Lantoom Quarry is located adjacent to the A38 between Dobwalls and Liskeard. The earliest planning permission was granted in 1948 under the provisions of the Interim Development Order (IDO) procedure. In 1987 a planning permission was granted for a quarry extension involving additional land to the south and west of the original quarry. Decision Notice 95/1179/CON (CN24(4)) dated 27.01.1997 approved the modern planning conditions for the Interim Development Order (IDO). Whilst the Local Planning Authority were processing the IDO application it emerged that certain sections of the existing operational area of the Quarry were not covered by either the IDO or 1987 permission and Decision Notice 95/1179/CON (CN24(5)) dated 27.01.1997 was subsequently granted to regularise these areas. The 2008 permission (ref CN24(6)) varied conditions 2, 3 ,4 and 5 of the 1987 permission and provided for a revised access layout and landscaping/planting for the quarry frontage. More recently CN24(4), CN24(5) and CN24(6) were superseded by two new permissions namely PA12/00672 Review of Mineral Planning Permissions approved 15.05.2012 and PA12/00674 Modification of existing conditions approved 14.06.2012. A further third permission was approved PA12/00673 dated 7.06.2012 to provide for a new extension to the quarry to the east. All of the permissions have been harmonised to provide for a common set of conditions across the site. Extraction and tipping continues in Phase 1 on the western side of the access road. In Phase 1 the lowest permitted elevation is 66mAOD and the highest elevation is limited to 115mAOD. Workings appear to remain with the approved levels, although the Operator should be mindful of the height of waste being tipped adjacent to the northern bund and ensure it remains below the approved levels. No blasting is carried out and stone is removed by machine. The northern bund and hedgerow have been completed and the hedgerow has since been planted with trees. Condition 4 restricts the commencement of development in Phase 2 until the timing of the cessation of extraction and restoration of the Phase 1 extraction and tipping area have been agreed in writing by the Local Planning Authority. No other compliance issues were identified during this visit and the Local Planning Authority has not received any complaints relating to operations at Lantoom Quarry. The Local Planning Authority will continue to monitor compliance with the planning conditions through future monitoring visits.

Office Use Only Monitoring of Mineral and Landfill Planning Permissions … · 2018-01-16 · Page...

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