Office Use Only Monitoring of Mineral Planning Permissions ... · approved Decision Notice OA20...

Office Use Only Monitoring of Mineral Planning Permissions

Report for

Operational Area 20 - Wheal Prosper Tregoss Roche St Austell

On August 11th 2010

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.

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2Development 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.

32Development 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 Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004.1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

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

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

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

1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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2. Details of Site Monitoring Visit Site Name and Address: Operational Area 20 – Great Wheal Prosper,

Trezaise, Roche, PL26 8HY

Planning Permissions: 97/00965 Review of Mineral Planning Permissions. Approved on 10/02/1998

07/00501/SEC73 Variation of boundary of operational area and area of extraction. Approved 20 October 2009

The above permission has superseded the following permission:

OA20 Great Wheal Prosper [R10.Env.OA20 (1) Submission of scheme relating to existing planning permissions for winning and working of china clay - Approved on 21/09/2005

Legal Agreement(s): None Operator: Goonvean Ltd Site Status: Active Type of Visit: Chargeable Visit - Announced Visiting Officer/s: Miss Stephanie Bowkett, Natural Resources, Cornwall Council Date of Visit: 11th August 2010 Time on Site: 9.00 hours Time off Site: 11.30 hours Attendees: Mr Roger Nunn, Goonvean Ltd Weather: Overcast Light Winds Dry Ground Conditions: Damp Report Author: Miss Stephanie Bowkett, Natural Resources, Cornwall Council

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3. Compliance with Planning Conditions NR/08/00451/P_ROMP - Decision No 97/00965 dated 10/02/1998

Condition Number and Description Condition 1. Time Limits

Except where it is provided otherwise in the conditions of the original permission, the Mining Operations to which these permissions relate shall cease after 21st February 2042 unless planning permission is granted for the continuation of operations beyond that date. Unless further permission has been granted for a continuation of operations beyond this period the site shall be reclaimed in accordance with the Restoration Conditions and Aftercare Conditions approved for the Operational Areas by 21st February 2047. Notes Following Visit This condition identifies that the permission will expire on 21st February 2042. The permission however is also due a fifteen year review under the Environment Act by 10th February 2013.

Condition Number and Description Condition 2. The Extent of the Permissions

The development to which these Permissions relate shall be limited to the areas shown on the approved plan (the application Plan Drawing No. G/4/1/102) (the site). Notes Following Visit Plan G/4/1/102 refers to the whole application area of the blanket permission. The developments at Great Wheal Prosper fall within this area. The Great Wheal Prosper operational boundary was extended along the western boundary by decision notice 07/00501/SEC73 dated 20 October 2009.

Condition Number and Description Condition 3. Nature of Development

The development to which these Permissions relate shall comprise the winning and working of china clay, china stone, mica, sand and allied minerals, the deposit of mineral waste and operations ancillary to mining (the Mining Operations) as specified in the original permissions. Notes Following Visit The developments at Great Wheal Prosper Operational Area remain within those permitted in this condition. Further details of the working areas are outlined in the notes section of condition 2 of Decision Notice 07/00501/SEC73 dated 20th October 2009 also included in this report. The land falling within planning permission 26974/C and in the north eastern corner of the site falls outside the ownership of Goonvean Ltd. Within this area, the disused Carbis Linhay and Brick Works situated to the north of the Carbis Stream has been redeveloped into residential properties. This area is non operational and was not included in the approved Scheme of Working. Goonvean own a portion of the mica dam in permission 47944/C and lease the remaining area. The old 'Glass Stone' quarry at Tresayes has been leased on a long term basis to the Cornwall Wildlife Trust as a nature reserve and site of geological interest.

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Condition Number and Description Condition 4. Working Programme

The Mining Operations and the Restoration and Aftercare of the site shall be carried out in accordance with any existing conditions imposed upon the original planning permissions in addition to the supplementary conditions of this determination until such time as Schemes of Working, Site Access and Conditions have been approved by the MPA for the Operational Areas and the Long-Term Working Areas, unless otherwise agreed in writing by the MPA. The working programme for the Operational Areas may be comprised in a series of phases of not less than seven years. A Scheme of Working, Site Accesses and Conditions for each area shall be submitted for approval to the MPA in accordance with Conditions 5(a), (b) and (c). Following the approval by the MPA of a Scheme of Working, Site Access, and Conditions, the Mining Operations and the Restoration and Aftercare shall be carried out strictly in accordance with the Scheme unless otherwise approved in writing by the MPA.

Notes Following Visit This site is listed in Schedule A of this decision notice as an Operational Area and therefore required the submission of the 'Scheme of Working, Site Access and Conditions' as specified in condition 5 of this decision notice. The Scheme of Working, Site Access and Conditions was approved Decision Notice OA20 Great Wheal Prosper [R10.Env.OA20 (1)] dated the 21st September 2005. The existing conditions of the following original planning permissions have therefore been superseded: • 26974/C dated 29/03/65 • 26967/C (part) dated 29/03/65 • 47944 dated 15/11/71 • 92/1012/C dated 21/01/93 In addition to those permissions listed above the details of a planning permission granted in the early sixties remain on record for a sand screening and concrete works (application ref CC/SAR/61/15459). However a copy of the planning permission could not be identified. It is believed that a company may have leased an area of the pit for sand screening during that time.

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Condition Number and Description Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational Areas

In respect of each Operational Areas listed in Schedule A annexed hereto and identified on Drawing No. G/4/1/101 the operator shall submit to the MPA on or before the dates shown in the Schedule, unless otherwise agreed in writing with the MPA:- (a) A Scheme of Working to identify the area, depth and direction of extractive operation, the area, height and profile of tipping or mineral waste, details of any ancillary development (including plant and stockpiling) and ongoing and (where appropriate) final landscaping, restoration and aftercare measures. The Scheme shall cover a period of not less than seven years. (b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. Where agreed with the MPA in pre-application discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in writing by the MPA. (c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definitions annexed hereto. Notes Following Visit The Scheme of Working, Site Accesses and Conditions to Mitigate "Environmental Impact" was submitted and approved as Decision No. OA20 Great Wheal Prosper [R10.Env.OA20 (1)] dated the 21st September 2005.

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Condition Number and Description Condition 6. The Long-Term Working Areas

No Mining Operations shall be carried out within any part of the site shown as a Long-Term Working Area on Schedule B and Drawing No. G/4/1/101 annexed hereto until such time as the operator has submitted to the MPA, and the MPA has approved for that part of the site; (a) A scheme of Working to identify the area, depth and direction of extractive operations, the area, height and profile of tipping of mineral waste, details of any ancillary development (including plant access and stockpiling) and ongoing and (where appropriate), final landscaping, restoration and aftercare measures. The scheme shall cover a period of not less than seven years. (b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. There agreed with the MPA in pre-applications discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in wiring by the MPA. (c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definition annexed hereto. Notes Following Visit The site is defined as an Operational Area in Schedule A and this condition is non- applicable.

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Condition Number and Description Condition 7. Access and Highway Matter (General)

The operator shall employ the best practicable means to prevent the transfer of mud, dust stones or other deleterious material onto the public highway. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit There are two access points to the site. Access 1 is the main access to the site used by lorries and works vehicles and is located off the B3274 near Higher Trezaise. Access 2 is located at Polpuff and is only used by the occasional car.

Photograph showing the public highway at Vehicular Access 1

Photograph on the left looking towards the private access track at the north side of the operational area and photograph on the right looking towards the public highway at the same access point Both access points were observed to be in a clean condition at the time of the visit and the Mineral Planning Authority has not received any complaints regarding the condition of the public highway.

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Condition Number and Description Condition 8. Sheeting of Lorries

All heavy commercial vehicles leaving the site except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before leaving the site (this condition shall not apply to vehicles travelling between one part of the site and another), unless otherwise agreed in writing with the MPA. Footnote: The term 'heavy commercial vehicle' is defined in the definitions annexed hereto. Notes Following Visit No lorries were witnessed leaving the site during the visit and the Mineral Planning Authority has not received any complaints regarding this matter.

Condition Number and Description Condition 9. Environmental Protection (General)

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufactures specification at all times. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit There are no outstanding complaints regarding these matters. All machinery is correctly maintained and suppressed.

Condition Number and Description Condition 10. Dust (General)

A scheme for the suppression and mitigation of dust arising at the site which shall include proposals for dust monitoring, shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed with the MPA) of the determination of conditions by the MPA. Notes Following Visit A dust scheme submitted by the Kaolin and Ball Clay Association (KaBCA) on behalf of the Industry was approved as email dated 17th July 2009. The scheme was considered acceptable by the Mineral Planning Authority as email dated 17th July 2009.

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Condition Number and Description Condition 11. Noise (General)

Except as may be provided for in Site Specific Conditions approved for the Operational Areas and for the Long-Term Working Areas or as may be specified in original conditions in permission granted after 1 January 1993, noise levels arising from the Mining, Restoration or Aftercare Operations on the Site, measured at any occupied residential property, shall not exceed 55 dB (LA eq) on hour freefield between 7.00 and 19.00 hours and 45dB (LA eq) 5 minutes freefield between 19.00 and 07.00 hours, unless otherwise agreed in writing with the MPA. Footnote: Noise Sensitive Areas (as defined in the annex affixed here) will be identified within schemes to be submitted for the Operational Areas (and if appropriate, the Long-Term Working Areas), and the operators shall provide baseline information for day-time and night-time levels arising from Mining, Restoration, and Aftercare Operations within Site Specific Conditions for the Noise Sensitive Areas.

Notes Following Visit This condition has been superseded by condition 4.1 identified in the Site Specific Conditions approved as Decision No. OA20 Great Wheal Prosper [R10.Env.OA20 (1)] dated the 21 September 2005.

Condition Number and Description Condition 12. Blasting (General)

Ground vibration fro blasting should not exceed a peak particle velocity of 8.5mm per second at or near the foundations of all domestic occupied buildings and all other buildings used for human occupation not under the control of the applicant unless otherwise agreed by the MPA. Within 12 months of the determination of new conditions, the operators shall agree an appropriate limit to ground vibrations from blasting to protect railway structures and rail services. The measurement shall be the maximum of 3 mutually perpendicular directions at the ground surface. Blasting (other than secondary blasting within the terms of the scheme approved in relation to Condition No. 14) shall only take place between 8.00 and 18.00 hours Monday to Friday and 8.00 and 12.00 hours on Saturdays unless otherwise agreed in writing with the MPA. Should ground vibration at any building or structure (other than those where a higher level has been agreed), as specified above, exceed a peak particle velocity of 8.5mm per second, the operator shall immediately notify the MPA. The notification shall be confirmed in writing together with a description of the blast design and any reason known to the operator for the blast exceeding 8.5mm per second.

Notes Following Visit The scheme was approved as email dated 24th July 2009.

Condition Number and Description Condition 13. Blasting (Monitoring)

A scheme for the monitoring of blasts and the release of all readings shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed by the MPA) of the determination of conditions. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme was submitted and approved as letter dated 9th July 2010.

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Condition Number and Description Condition 14. Secondary Blasting

Within 12 months of the determination of new conditions, the operators shall submit to the MPA for approval, a scheme for any secondary blasting. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit The scheme was submitted and approved as letter dated 9th July 2010.

Condition Number and Description Condition 15. Ground and Surface Water Protection (bunding and storage facilities)

Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse. For any liquid other than water this shall include storage in suitable tanks and containers which shall be house in an area surrounded by a bund wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floors and walls of the bunded area shall be impervious to both water and oil, and vent pipes should be directed downwards into the bunded area. Notes Following Visit There is one double skinned diesel tank at the site. The connections are housed within an internal section to avoid drips and spillages.

Condition Number and Description Condition 16. Protection of Controlled Waters

All surface fun-off from tips or areas prepared for extraction or tipping shall be intercepted by perimeter ditches and/or contained in settlement lagoons before discharge to any controlled waters. All tips shall be treated as soon as reasonably practicable to prevent the run-off of waste materials. Notes Following Visit Water draining into Prosper Pit is pumped out via an adit and through a series of settling pits before being discharged at the consented discharge points located adjacent to the disused mica lagoon. Water is also contained within Wheal Cock at the south western corner of the site. It is understood that all water drainage ditches, catchpits and stilling ponds comply with the Code of Practice agreed by the Environment Agency.

Condition Number and Description Condition 17. Lights and Floodlighting (General)

All practicable means shall be employed by the operators to minimise any adverse effects of lights and floodlights upon adjoining residential properties and to negate any resulting dazzle onto the public highway. Notes Following Visit All fixed external lighting is located within Prosper Pit. The Mineral Planning Authority has not received any complaints regarding lighting at this site.

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Condition Number and Description Condition 18. Soil Handling

Where affected by operations in an approval area all available topsoil and subsoil shall be separately stripped in advance from operational areas whilst in a dry condition and either: (a) stockpiled in an area to be approve by the MPA for later use in restoration (the topsoil and subsoil shall be stored separately) or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoils shall be replaced first and shall be loosened by cultivation across the contour, prior to spreading of the topsoil in dry ground conditions. Footnote: In this context the phrase 'dry' conditions shall mean not saturated or waterlogged by rainwater penetration, normal low moisture content being acceptable.

Notes Following Visit All available topsoils and subsoils are transferred directly to areas prepared for treatment.

Condition Number and Description Condition 19. Archaeology and Historic Environment (Code of Practice)

Within 12 months from the date of this determination or such other time as may be agreed in writing by the MPA, the operators will submit an Archaeological Code of Practice to the MPA for approval which sets out procedures for : (a) consultation and co-operation between the operators and the MPA (b) the assessment and evaluation of the impact of the Schemes of Working on archaeological and historic sites and landscapes (c) establishing principles for recording or conserving features of archaeological/historic importance

Notes Following Visit The scheme was approved as letter dated 23 February 2010.

Condition Number and Description Condition 20. Archaeology and Historic Environment (General)

In the interim period before the Schemes of Working and Site Specific Conditions required by Condition No. 5 have been approved by the MPA, where the operators intend to implement development beyond the current working areas of the mineral site which impacts upon a site identified on "The Archaeological Unit, 1991, the operator will agree a scheme to record or conserve the site with the MPA. Notes Following Visit This condition has been superseded by condition 4.4 identified in the Site Specific Conditions approved as Decision No. OA20 Great Wheal Prosper [R10.Env.OA20 (1)] dated the 21 September 2005. Note: A Written Scheme of Investigation was submitted for land within this section 73 application known as the Crown Filly China Clay Works on the 12 March 2007 and approved as letter dated 18 July 2007.

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Condition Number and Description Condition 21. Prior Cessation of Working

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

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3. Compliance with Planning Conditions NR/07/00501/SEC73 dated 20/10/2009

Condition Number and Description Condition 1. Commencement

Extent of the Permissions These conditions relate specifically to the permissions (or parts of permissions) illustrated on drawing No. GN/PR/01 namely:- 26974/C dated 29/03/65 26967/C (part) dated 29/03/65 47944/C dated 15/11/71 92/1012/C dated 21/01/93

Notes Following Visit Permissions identified for reference. In addition to those permissions listed the details of a planning permission granted in the early sixties for a sand screening and concrete works remains on record (application ref CC/SAR/61/15459). However a copy of the planning permission could not be identified on record. It is believed that a sand screening company may have leased an area of the pit during that time.

Condition Number and Description Condition 2. Nature of Development in Accordance with the Approved Scheme of Working

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oise Consultants) Report and o the MPA dated 13 July 2005.

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a long term basis to e Cornwall Wildlife Trust as a nature reserve and site of geological interest.

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tern boundary pending an archaeological study and a egetation clearance programme.

extension

a and has reprofiled the next level. The perator continues to rework the sand pit within this area.

Unless otherwise agreed in writing with the Mineral Planning Authority (MPA), or required by conditions attached to this permission, the development shall be carried out in strict accordance with the submitted plans, (drawings Nos. GN/PR/01, GN/PR/02, GN/PR/03, GN/PR/04, GN/PRand GN-PR024A, GN-PR-25A, GN-PR-31A) and as described in the Companys Scheme of Working Statement submitted to the MPA, Figure 1 of the WSP UK (Ncorrespondence from the operators t

Notes Following Visit The land falling within planning permission 26974/C and in the north eastern corner of the site foutside the ownership of Goonvean Ltd. Within this area, the disused Carbis Linhay and Brick Works situated to the north of the Carbis Stream has been redeveloped into residential properties. This area is non operational and was not included in the approved Scheme of Working dated 21st September 2005. Goonvean own a portion of the mica dam in permission 47944/C and lease the remaining area. The old 'Glass Stone' quarry at Tresayes has been leased onth The operator continues to follow the direction of working and extent of development as approveDrawing No. GN/PR/02. Prosper Pit continues to be worked in an easterly and south easterly direction towards Wheal Cock, although the two pits have not yet merged. Wheal Cock remainflooded and continues to be used as a water reservoir. Developments have yet to commenwithin the extension area in the wesv Tipping continues on the permitted waste tip on Drawing GN/PR/02 and in the approvedarea to the north of this tip adjacent to the diverted brown haul road. The operator has hydroseeded the lower bench of the tip in the extension areo

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Photograph showing the sand pits in the north of the working area

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Photograph showing the processing plant in the base of the pit and blue china clay storage tank

Photograph showing the ‘unworked’ extension area above the current working area

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Photograph looking north eastwards across Prosper Pit

Photograph looking south easterly across Prosper Pit towards Wheal Cock

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Photograph looking westwards towards Prosper Tip

Photograph showing the extension area on the eastern boundary adjoining Goonbarrow Operational Area

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Photograph looking westwards across the Prosper Pit towards prosper Tip Photograph looking westwards across the Prosper Pit towards prosper Tip

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Condition Number and Description Condition 3. Hours of Working

Unless otherwise agreed in writing with the MPA, and except in emergencies and to maintain safe working (which shall be notified to the MPA as soon as practicable), no temporary works, including landscaping, which utilise vehicles or motorised machinery shall be implemented except between the following hours: between 0700 hours and 1900 hours Mondays to Fridays; and between 0700 hours and 1300 hours Saturdays. Unless otherwise agreed in writing with the MPA, and except in emergencies and to maintain safe working (which shall be notified to the MPA as soon as practicable), no temporary works including landscaping works which utilise vehicles or other methods of motorised machinery shall be operated on Sundays, Bank or Public Holidays.

Notes Following Visit The Mineral Planning Authority has not received any complaints regarding the hours of working for temporary operations.

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Condition Number and Description Condition 4. Site Specific Conditions to Mitigate Environmental Impact

4.1 Noise At the occupied noise sensitive locations identified on Figure 1 of the WSP UK Report, noise levels arising from all permitted operations, other than temporary works, shall not exceed the following levels:- A) LAeq 1 hour freefield between 0700 and 1900 hours:- 1. Edgemoor 50 dBA LAeq 2. The Bungalow 55 dBA LAeq 3. Part, Carbis 55 dBA LAeq 4. Hendra 50 dBA LAeq 5. Polpuff 50 dBA LAeq B) LAeq 1 hour freefield between 1900 and 0700 hours:- 1. Edgemoor 42 dBA LAeq 2. The Bungalow 42 dBA LAeq 3. Part, Carbis 42 dBA LAeq 4. Hendra 42 dBA LAeq 5. Polpuff 42 dBA LAeq Where the MPA notifies the operator that it has received a complaint or complaints about noise 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 MPA. Within 12 months of this determination or such other time as may be agreed in writing with the MPA, no site based vehicles or other methods of motorised machinery deployed in any operational or landscaping works shall use single pitch reversing bleepers. At the boundary of any occupied dwelling noise levels arising from temporary works shall not exceed a level of 70dB LAeq (1hour) freefield for a period not exceeding 8 weeks in any one calendar year at each property. Temporary works are defined in the notes to Condition 3 below. Notes Following Visit The Mineral Planning Authority has not received any noise complaints.

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4.2 Dust Within the Operational Area defined on Drawing GN/PR/01 the following dust suppression measures shall apply in order to minimise the escape of dust from the Operational Area:- a) In periods of dry and/or windy conditions or when such conditions are forecast by the Meteorological Office, exposed haul road surfaces, stockpiles and other exposures of sand shall be maintained in a sufficiently damp condition; b) All unutilised exposed ground capable of generating wind blown dust shall be seeded at the first available opportunity, in order to establish permanent vegetation on exposed surfaces.

Notes Following Visit a) A water bowser is hired as and when required and no dust blows were witnessed during the

visit. b) The disused mica dam has now revegetated. It was completely filled in with residues and the

surface covered with a layer of topsoil in 2000. The lower levels of the tips adjacent to the diverted access track were hydroseeded between 2005 and 2006, although some areas have been damaged by unsolicited motor bikes users. The outer level of the next tipping level above this has recently been reshaped to softer slopes with shallower gradients. This area is constructed from larger tipped material and was not causing any immediate dust issues. The operators informed us that this area may be hydroseeded in autumn 2010.

Photograph showing the hydro-seeded lower level of the tip and the upper slope above

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4.3 Site Access Points Within the Operational Area defined on Drawing GN/PR/01 the following measures shall apply to vehicular access:- a) Vehicular access to and from the Operational Area from public highways shall be restricted to the access points Access 1 and Access 2 identified on Drawing GN/PR/01. b) All lorry movements associated with the collection of sand, aggregates, allied materials and/or the delivery of any restoration materials as may be approved in writing by the MPA shall utilise Access 1 to enter and leave the site (shown on GN/PR/01), except when this access is temporarily obstructed or when the prior written approval of the MPA has been given to the use of Access 2. c) The operator shall employ the best practical means to prevent the transfer of mud, dust, stones or other deleterious material onto the public highway at the access points shown on drawing No. GN/PR/01. d) A scheme for hard surfacing and drainage at Access 1 identified on Drawing GN/PR/01 (off the B3274 at Higher Trezaise) shall be submitted to the Mineral Planning Authority for written approval within 3 months of the date of determination of this application, and the approved scheme shall be implemented within a further 3 month period. Note: Condition discharged 7 November 2005 Notes Following Visit a) Access remains restricted to Access 1 and Access 2 as identified on Drawing GN/PR/01. Access 1 is located off the B3274 near Higher Trezaise and is the main access to the site used by lorries and works vehicles. Access 2 is located at Polpuff and is only used by the occasional employee's private car.

Photograph showing the public highway at Vehicular Access 1

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Photograph on the left looking towards the private access track at the north side of the operational area and photograph on the right looking towards the public highway at the same access point b) No lorries were witnessed using Access 2 at the time of the visit and the Mineral Planning Authority has not received any complaints regarding the vehicular use of this access point. There is no identified written agreement with the Mineral Planning Authority for the utilisation of Access 2 other than the reason specified above. c) The Mineral Planning Authority has not received any complaints regarding the condition of the public highway. There was no mud, dust or stones identified on the public highway at Access point 1 and 2 at the time of the visit. d) A scheme for the hard surfacing and drainage of Access 1 was submitted on the 22 September 2005 and approved as letter dated the 7 November 2005. The scheme was discharged during a visit on the 28 March 2006.


4.4 Sites of Archaeological and/or Historic Interest Within six months of the date of this determination (or within such longer period of time as may be agreed in writing with the MPA), the operators shall have submitted and had approved in writing by the MPA a scheme to mitigate any impacts of operations (including landscaping) on any sites of archaeological or historic interest (a Written Scheme of Investigation (WSI)). The submitted scheme shall include a timescale for implementation of the approved mitigation measures. Note: Condition discharged 29 September 2005 Notes Following Visit A Written Scheme of Investigation was submitted on the 7 September 2005 and approved as letter dated the 29th September 2005. The scheme required (a) the approved recording strategy for the pan kilns structures to be implemented by the end of 2005, and (b) the 'wider' recording for the remainder of the OA and subsequent mitigation strategy to be implemented by the end of 2006. The approved deadline for the submission of the recording strategy for the pan kiln structures was extended from the 31December 2005 to the end of January 2006 as letter dated 23 January 2006. The `Archaeological Assessment and Recording Report’ was submitted on the 24 January 2006 which covered two phases: (a) The measured survey and archaeological report of the former pan kiln complex (b) Historical research, walk over survey of the operational area art Prosper Clay. The report was approved as letter dated 11 April 2006.

Condition Number and Description of 29

Condition 4. Site Specific Conditions to Mitigate Environmental Impact 4.5 Site of Special Scientific Interest/Special Area of Conservation No operational development or landscape works shall take place within 5 metres of the Special Area of Conservation (SAC)/Site of Special Scientific Interest (SSSI) identified on drawing No. GN/PR/01. The boulders which are positioned along the boundary of the SAC and which are highlighted in yellow shall be retained, and replaced as necessary, for the duration of the operations hereby permitted.

Notes Following Visit The Special Area of Conservation (SAC) contains the rare bryophyte western rustwort marspella profunda. Boulders remain located along the boundary, although over time the yellow markers have faded. No developments have taken place within the 5m boundary of the SAC but some areas have been affected by unauthorised motorcyclists

Condition Number and Description Condition 5. Landscape Improvements, Restoration and Aftercare

5.1 Landscape Improvements, Restoration and Aftercare (general) Within twelve months of the date of this permission (or within such other period as may be agreed in writing with the MPA), a scheme for the progressive restoration of the Great Wheal Prosper Operational Area shall be submitted to the MPA for written approval. The scheme shall include details of the following: a) confirmation of the proposed after-use of the site; b) the phasing of progressive restoration, showing clearly the relationship of each phase to the working scheme; c) the final levels of the restored land; d) proposed landscaping measures (to include any measures for backfilling the void with quarry wastes); e) aftercare details. The approved scheme shall be implemented as approved, unless a variation has been approved in writing by the MPA.

Notes Following Visit The scheme was originally submitted for consideration of approval on the 21September 2006 and then resubmitted on the 18 September 2007 The Mineral Planning Authority met with Cornwall Council’s landscaping officer on the 21April 2009 to discuss the restoration scheme. The Mineral Planning Authority’s comments were forwarded to the operator as email dated 2 July 2009 and further details were requested. A meeting between the operator, Mineral Planning Authority and landscape officer was held in February 2010 and the operator submitted the scheme as letter dated 22nd June 2010. ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should consider the acceptability of the scheme and respond accordingly to the operator.

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5.2 Restoration (specific) The restoration of each phase referred to in Condition 5.1 shall be in accordance with a detailed restoration scheme which shall be submitted to and approved in writing by the MPA at least 8 weeks in advance of the commencement of a particular phase of restoration. The submitted scheme shall include details of the following: a) proposed planting arrangements (including species type, size and spacing, together with a maintenance programme); b) soil handling and storage (including the replacement of soil materials on landforms); c) measures to safeguard existing vegetation within the site; d) a timetable for implementation and aftercare. All works comprised in the scheme shall be implemented and completed in accordance with the approved timetable.

Notes Following Visit The scheme was originally submitted for consideration of approval on the 21September 2006 and then resubmitted on the 18 September 2007. The Mineral Planning Authority met with Cornwall Council’s landscaping officer on the 21April 2009 to discuss the restoration scheme. The Mineral Planning Authority’s comments were forwarded to the operator as email dated 2 July 2009 and further details were requested. A meeting between the operator, Mineral Planning Authority and landscape officer was held in February 2010 and the operator submitted the scheme as letter dated 22nd June 2010. ACTION MINERAL PLANNING AUTHORITY The Mineral Planning Authority should consider the acceptability of the scheme and respond accordingly to the operator.


5.3 Removal of disused buildings, plant etc Unless otherwise agreed in writing with the MPA, all disused buildings, plant, structures and machinery ancillary to the winning and working of china clay shall be removed from the site, and the land shall be reinstated so far as practicable to its condition before the development took place. Removal and site reinstatement shall take place within 24 months of the date when the relevant building, plant, structure or machinery is no longer needed for its original purpose, or by 21 February 2044, whichever is the sooner.

Notes Following Visit There are no known disused buildings or plant at the site.

Condition Number and Description Condition 6. Water Interests

Measures shall be installed to ensure, in the event of leakage of any fuels, oils, hydraulic fluids, excluding water, stored on the site, such liquids can be contained and recovered without escape to the underlying ground or the surrounding area.

Notes Following Visit There is one double skinned diesel tank at the site. The connections are housed within an internal

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section to avoid drips and spillages.

Condition Number and Description Condition 7. Prior cessation of mineral workings

In the event of cessation of mining operations within the Great Wheal Prosper Operational Area prior to the completion of the proposed Scheme of Working, which in the opinion of the MPA constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised restoration scheme to include details of reclamation and aftercare and a programme of implementation (including a timetable) shall be submitted in writing to the MPA for approval within twelve months of the cessation of mining operations (or such longer period as may be agreed in writing with the MPA). All works comprised in the scheme shall be implemented and completed in accordance with the approved timetable.

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

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed Issues to be addressed by MPA NR/07/00501/SEC73 dated 20/10/2009

Designated Officer Details

• 5.1 Landscape Improvements, Restoration and Aftercare (general) The Mineral Planning Authority should consider the acceptability of the scheme and respond accordingly to the operator.

5.2 Restoration (specific) The Mineral Planning Authority should consider the acceptability of the scheme and respond accordingly to the operator.

Chris Daly 01872 322667 [email protected]

11. Summary Great Wheal Prosper Pit Operational Area is located on the northern slopes of Hensbarrow Downs occupying an area between Roche to Stenalees and the Roche to Bugle roads. The site is governed by the overarching china clay decision notice 97/00965 dated 10th February 1998. The subsequent site specific permission OA20 Great Wheal Prosper [R10.Env.OA20 (1)] was approved on 21st September 2005 but has now been superseded by the recent decision notice 07/00501/SEC73 dated 20th October 2009 to vary the boundary of the Operational Area and area of extraction. The main areas of extraction remain to the south and south east of the Operational Area. Prosper Pit continues to be worked in an easterly and south easterly direction towards Wheal Cock and the two pits have not yet merged. Developments have yet to commence within the extension area in the western boundary pending an archaeological study and a vegetation clearance programme. Tipping continues in the west of the operational area on the permitted waste tip on Drawing GN/PR/02 and in the approved extension area to the north of this tip adjacent to the diverted brown haul road. The operator continues to rework the sand pit within this area. The two issues identified at the visit refer to the landscaping and restoration scheme required in conditions 5.1 and 5.2 of decision notice 07/00501/SEC73 dated 20th October 2009. The operator resubmitted the scheme in June 2010 and the Mineral Planning Authority should consider its acceptability and respond accordingly to the operator. There are no outstanding complaints regarding any aspects of development or associated impacts at this site.

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Office Use Only Monitoring of Mineral Planning Permissions ... · approved Decision Notice OA20...

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