Castle an Dinas 2013 2 - Cornwall · Page 1 of 27 Office Use Only Monitoring of Mineral and...

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for Castle An Dinas Quarry, Castle Gate, Ludgvan, Penzance

on 3rd May 2013

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 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: Castle An Dinas Quarry Castle Gate, Ludgvan, Penzance

Planning Permission(s): P46.ENV Review of Mineral Planning Permissions. - Approved on 28/03/1999

P46(7) Proposed development of a precast concrete products factory involving new building, installation of plant and machinery, provision of stockyard and with associated landscaping. - Approved on 11/05/2001 P46(9) An application seeking to operate road stone coating plant without restriction on working hours but with appropriate controls to address environmental amenity impacts. The application therefore relates to variations to Condition nos. 11 (working hours) and 13 (noise limits) of Mineral Planning Authority approval letter dated 22 September 2003 - Approved on 20/02/2009

PA11/00255 - Erection and use of a new building to serve as a fines aggregate store and salt/grit barn with the latter element being a store to supply council gritting lorries servicing the local public highways - Approved on 12/08/2011. There are no outstanding concerns regarding this development and as such this permission has not been routinely monitored as part of this report.

P46(8) Proposed installation and operation of roadstone coating plant - Approved on 22/09/2003.

Decision No. 1/82/P/0677/F - Erection of Concrete Batching Plant. This decision notice was issued some years ago and has few conditions attached. It is acknowledged that the approved plant has since been replaced with a similar but smaller unit within the same permission area which is not readily visible from outside of the quarry. As such this is acknowledged to have been replaced under Permitted Development Rights and as there are no outstanding complaints and only very limited conditions on which to regulate this development it has not been included as part of this particular monitoring review.

Legal Agreement(s): None Operator: Cornwall Council Site Status: Active site

Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Mr M Butfield, Development Officer, Planning Enforcement, Cornwall Council

Date of Visit: 3rd May 2013

Time on Site: 10.30

Time off Site: 12.10

Attendees: Mr A Bartle, Quarry manager, and Mr M Cook, Cormac Solutions

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Weather: Clear and Bright

Ground Conditions: Damp in places following recent showers.

Report Author: Mr M Butfield, Development Officer, Planning Enforcement, Cornwall Council

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3. Compliance with Planning Conditions NR/97/00036/ROMPS dated 28/03/1999

Condition Number and Description Condition 1 Time Limit

The permission shall not be valid after 21st February 2042. Unless further planning permissions have been granted for a continuation of operations beyond this period, all operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and buildings no longer required shall be removed from the site, and the land shall be reinstated in accordance with the further conditions below. Notes Following Visit This is recognised to be a post dated condition although it should be noted that the periodic review deadline is set for the 28 March 2014 and this will need to be prepared for well in advance of the deadline. ROMPS determinations are now subject to Environmental Impact Assessment procedures. In view of the scale nature and location of the operations at Castle an Dinas, it is likely that an Environmental Statement will be required to accompany the ROMPS submission, which will require considerable and early preparations. The operator is advised to give early consideration to the scoping of the Environmental Statement and was advised to contact the Mineral Planning Authority for early pre application discussions.

Condition Number and Description Condition 2 Extent of Permission and Nature of the Development

These conditions relate to permissions 7345/W, 7868/W, 8182/W, 8183/W, 38561/W, 41012/W and 46416/W (identified on Plan No. CAD2). Notes Following Visit The drawings to which this permission refers are noted for reference.

Condition Number and Description Condition 3 Extent of the Permission and Nature of the Development

There shall be no quarrying operations except within the area identified on Plan No. CAD5. Notes Following Visit The extraction of stone at the quarry is acknowledged to be undertaken within the approved area. Extraction continues to take place at both the west and eastern ends of the quarry.

Condition Number and Description Condition 4 Extent of the Permission and Nature of the Development

There shall be no depositing of mineral waste outside the area identified on Plan No. CAD5, (other than that which is deposited within the void in accordance with the provisions of Part 21 Class A.1 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order). Notes Following Visit Development was observed to be compliant with this condition. It was previously recorded that a mixture of stone and soil material had been deposited in the area of the former quarry which lies to the south east of the main quarry. It was not considered expedient to request the removal of this material and the operator has since spread and levelled the material to form a similar profile, below the level to that of the surrounding ground. The operator is advised not to import any further material to this area without seeking prior approval.

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Condition Number and Description Condition 5 Development in accordance with the approved plans

No development shall be carried out other than in strict accordance with the approved Plans and Drawing Nos. CAD1, CAD2, CAD4, CAD5, CAD6 and "CAD7 (MPA)" and Section No. JUL 3A, except as may be modified by other conditions in this Decision Notice or otherwise agreed with the MPA. Notes Following Visit Developments at this quarry include the Concrete Works, Coating Plant and the more recently developed Salt barn. These were all developed under there own specific planning permissions and are collectively recognised to be compliant with this condition. Since the previous monitoring visit a selection of white coloured portable office type containers have been installed along with what appears to be a generator in an area beside the final settlement lagoon adjacent to the entrance barrier. The operator has advised that these are being used as site office accommodation for the re development of the heliport in Marazion. The following picture shows the units as viewed from inside the quarry.

Action Point for the Operator There is understood to be no planning cover for this development and as such it is recorded as being a possible breach of planning control. The operator is therefore requested to remove these units or to seek the necessary planning approval to cover there installation.

Condition Number and Description Condition 6 Phasing of Working

The approved operations shall be phased so that extraction shall be limited to the yellow area identified on Drawing No. CAD4 for a period of 15 years from this determination unless otherwise agreed in writing with the MPA.

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Notes Following Visit The current areas of mineral extraction were observed to be compliant with this condition and is within that which is identified on Drawing CAD4. The following picture shows the quarry void as viewed from the western side.

Condition Number and Description Condition 7 Nature Conservation

(i) There shall be no development (or preparations for developments, other than in accordance with part (ii) of this condition) on that part of the Cornwall Nature Conservation Site outside the 15 year extraction area identified on Plan No. CAD1, until completion of the First Periodic Review, or unless otherwise agreed in writing by the MPA.

(ii) Within 6 months of this determination, the applicant shall submit a scheme for the approval of the MPA in consultation with the Cornwall Wildlife Trust for the management of heathland resources within the whole of the permitted area. The approved scheme shall be implemented thereafter and shall provide for:

(a) the husbandry of the lowland heath habitat (b) the use of existing heathland vegetation and soils in the progressive restoration of the site

(including any materials to be lost from the 15 year working area and the harvesting of cuttings beyond that area)

(c) a regular review, and if appropriate, adaption of the heathland management techniques

employed.

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Notes Following Visit The scheme required by part ii) of this condition was submitted by the previous operator, and subsequently approved by the Mineral Planning Authority on 26 March 2009. In addition the operators are advised to follow the procedures of Appendix C to the letter of 8 April 2009 from Ann Pattison to Mark Whitehouse, in using soils and cut materials to naturally regenerate heathland vegetation.

Condition Number and Description Condition 8 Archaeology

(a) Prior to the commencement of any works within the area indicated on Plan CAD7 (MPA) (including mineral extraction, deposition of waste, stockpiling of materials, creation of haul roads and other access tracks, or any development ancillary to quarrying or the stripping of vegetation or soil) and within 24 months of the determination of these conditions, the operator shall commission an archaeological survey to identify and map all sites and features of archaeological significance within those areas. The survey shall take place during the months of January to March (when vegetation is lowest and slight features are most visible), and shall be carried out to a written specification submitted by the operator and agreed by the MPA.

(b) Subject to consultation and agreement with the MPA, and within 3 months of completion of

the archaeological survey specified in Condition 8(a), the operator will erect fencing around all areas of archaeological significance identified by the survey to prevent accidental damage to important archaeological features.

(c) Prior to the start of any works as described in (a) above within any of the agreed areas of

archaeological significance, the operator shall implement a programme of excavation and recording of all features of archaeological significance and the publication of results to a written specification submitted to and agreed by the MPA.

Notes Following Visit The archaeological survey as required by this condition has been submitted to the MPA and is currently being considered. No fencing of identified area has taken place at this time although some fencing has been erected to form an enclosure for the grazing of cattle. Action point for the MPA Consider the acceptability of the survey and respond to the operator.

Condition Number and Description Condition 9 Access and Highway Matters

Vehicular access to and from the mineral site shall be restricted to the site access road identified on Plan No. CAD2, unless otherwise agreed in writing with the MPA. Notes Following Visit Vehicular access to and from the mineral site is restricted to that shown on Plan CAD2. and was seen to be in regular use.


The site access road shall be hard surfaced for a length of 100m measured from the junction adjoining the B3311. Within 3 months of this determination, the operators shall submit a surface patching scheme to the MPA for approval in consultation with the County Surveyor, and shall implement this within 3 months of approval, unless otherwise agreed with the MPA.

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Notes Following Visit The first 100 metres of the track is hard surfaced and appeared to be in a good state of repair. Significant works including tarmac and speed humps have also been undertaken to re surface the section of access road between the entrance to the skip company and the quarry main gate.


The whole length of the access track shall be maintained in a good state of repair and kept free of mud and other debris. Notes Following Visit The access roadway was clean and clear of debris and generally in a good state of repair.


The operators shall employ the best practicable means to prevent the transfer of mud, dust and stones and other deleterious material onto the public highway. Notes Following Visit The public highway in the vicinity of the quarry which in shown in the picture below, was observed to be clean and clear of debris. There are no outstanding complaints regarding the condition or cleanliness of the public highway.

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All lorries leaving the site carrying loads of single size of composite materials containing stone 75mm and less shall be sheeted or otherwise totally enclosed before leaving the site. Notes Following Visit There are no outstanding complaints regarding this condition so compliance with this condition is acknowledged.

Condition Number and Description Condition 14 Hours of Operation

Except for routine plant maintenance, water pumping and in emergencies to maintain safe quarry working, no operations authorised or required under this permission shall be carried out on the site except between the following times or as may be otherwise agreed in writing with the MPA: Between 07.00 and 19.00 hours Mondays to Fridays and Between 07.00 and 13.00 hours on Saturday There shall be no working on Sundays, Bank Holidays, or National Holidays unless otherwise agreed in writing with the MPA. Within the above mentioned working hours blasting shall only take place between 09.00 and 18.00 hours Mondays to Fridays and between 10.00 and 12.00 hours Saturdays. Notes Following Visit There are no outstanding complaints regarding working hours at this site so compliance with this condition is recorded.

Condition Number and Description Condition 15 Noise, Vibration and Dust: General

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site. The phrase practicable means in this condition shall have the meaning assigned in Section 79(9) of the Environmental Protection Act 1990 as defined overleaf. Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufacturers specifications at all times. Notes Following Visit No significant emissions of dust, smoke, or fumes were observed on site, nor was there any noise or vibration observed or recorded from any external observation points during the monitoring visit.

Condition Number and Description Condition 16 Noise: Specific

The noise levels arising from quarrying and ancillary operations authorised by these permissions between 07.00 and 19.00 hours as measured at any inhabited residential dwelling in the vicinity of the site (freefield) shall not exceed 55dB(A) LA eq (1 hour). Noise levels arising from the construction of screening bunds and other permanent landforms shall not exceed 70dB(A) LA eq (1hour), measured at any inhabited dwelling in the vicinity of the site (freefield). In the event of a complaint about noise being received by the MPA, which is attributable to operations within the site, the operator shall be notified and shall then be required to undertake self monitoring of noise levels to demonstrate compliance with this condition in accordance with a scheme to be approved by the MPA.

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Notes Following Visit There are no outstanding complaints regarding noise at this site and no significant noise was observed while inspecting the site.

Condition Number and Description Condition 17 Dust: Specific

(a) Any accumulation of dust caused by the movement of materials on the haul roads or elsewhere within the site or by the processing of materials shall be swept clean or suppressed by water sprays or such other means as shall be agreed with the MPA.

(b) Drilling rigs shall be fitted with bag filter modules or such other dust control measures as

shall be agreed with the MPA. Notes Following Visit Dust was not a problem at the time of this visit, yet the ground conditions were starting to dry out. A tractor and water bowser as shown in the picture was observed to extract water from the final settlement lagoon inside of the quarry entrance and use this to spray the internal haul roads.

Condition Number and Description Condition 18 Blasting: Specific

Ground vibration from blasting shall not exceed a peak particle velocity of 8.5mm per second at or near the foundation of any residential property or other vibration sensitive building not in the control of the operator. The measurement should be the maximum of three mutually perpendicular directions taken at the ground surface. Notes Following Visit There are no outstanding complaints regarding blasting at this site so compliance with this condition is recorded. It should however be noted that a complaint had been received in respect of blast vibration but following monitoring of recent blasts, there was no evidence to suggest that blasting limits are being exceeded at the quarry and the complaint was subsequently closed.

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Secondary blasting will be limited to a maximum of 20 shot holes and 0.5kg instantaneous charge in any firing session. Notes Following Visit There are no outstanding complaints regarding blasting and it is understood that secondary blasting is not currently undertaken on site.


There will be no use of non-explosive gas expansion rock breaking techniques unless otherwise agreed in writing with the MPA. Notes Following Visit It is understood that no non-explosive gas expansion rock breaking techniques are used at this quarry.


In the event of a complaint being received by the MPA about vibration, which is attributable to blasting operations within this site, the operator shall be notified and shall then be required to undertake self monitoring of blasting operations to demonstrate compliance with conditions 18 and 19. Notes Following Visit There are no outstanding complaints regarding blasting at this site.

Condition Number and Description Condition 22 Plant and Machinery

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, machinery, buildings, structures and erections shall be erected which are visible from outside the quarry void and adjoining screen bunds without the prior approval in writing of the MPA. Details shall include the design, siting, dimensions, cladding, noise and dust suppression measures. Notes Following Visit Only processing plant previously observed at the site and mobile plant, which are screened within the quarry void and adjoining screen bunds, were observed during this site visit.

Condition Number and Description Condition 23 Plant and Machinery

All lights and floodlights shall be screened so as to minimise light spill to any occupied dwelling overlooking the site, and to minimise the impact upon rural amenity. Notes Following Visit There are no outstanding complaints regarding the use of any external lighting at this site. The floodlighting and lighting observed on site in the area of the road stone coating plant, the area of the crushing and screening plant and the salt storage barn all had downcast fixtures.

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Condition Number and Description Condition 24 Stockpiling

There shall be no stockpiling of any material, either for sale or waste rock, subsoil or topsoil on the undisturbed portions of the site without the prior approval in writing of the MPA. Notes Following Visit No stockpiling of materials is understood to be taking place on any undisturbed portions of the site.

Condition Number and Description Condition 25 Stockpiling

Stockpiles number 1, 2 and 7 on CAD 4 will not be increased in height above 223.5 metres, 204.0 metres and 176.0 metres Above Ordnance Datum respectively. Stockpiles 3, 4, 5 and 6 will not exceed the height of the quarry rim or associated screening bunds. Notes Following Visit The heights of stockpiles 1, 2 and 7 as recorded on a recent site survey appear to demonstrate compliance with this condition. Stockpiles 4 and 5 are within the quarry void and are accordingly naturally screened yet it appears that due to the profile of the land it would not be possible to utilise the southern section of stockpile 3 and the eastern section of stockpile 6 without exposing these areas to be viewed from the north eastern side of the quarry. There are no outstanding complaints regarding the storage of materials at this site.

Condition Number and Description Condition 26 Drainage Matters and Water Interests

Any fuel, oil, lubricant and other potential pollutants shall be stored in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded area shall be impervious to both water and oil. Notes Following Visit All potential pollutants on site appeared to be stored within suitable containment facilities. The main fuel oil storage facility is now undertaken in what was the flux store beside the coating plant.


In order to remove solids of fines all quarry washing and run-off from stripped or disturbed areas and quarry tracks shall be contained in settlement lagoons before discharge to any watercourse. The design and location of any such new lagoons shall be in accordance with details to be agreed with the MPA in consultation with the Environment Agency. Notes Following Visit Water from the site is fed through a system of settlement lagoons which discharge through an approved point close to the quarry entrance. It is understood that this discharge is monitored and regulated by the Environment Agency.


Prior to deepening the quarry below 145m AOD, the operators shall submit to the MPA, in consultation with the Environment Agency, a water interests survey and shall agree a scheme using all practicable means to provide for the protection of adjacent water interests during the long term deepening of the quarry. Notes Following Visit The current working depth of the quarry is not thought to be below 145 AOD. The operator is requested to confirm the current depth of the quarry void when a topographic survey report becomes available.

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Condition Number and Description Condition 29 Soil Handling

In advance of operations in any approved working area (not covered by Condition No. 7), all available topsoil and subsoil shall be separately stripped whilst in a dry condition and either: (a) stockpiled in an area to be approved by the MPA for later use: or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoil shall be replaced first and shall be loosened by cultivation across the contours, prior to spreading of the topsoil, in dry ground conditions.

Notes Following Visit It is understood that the only area of soil stripping which has taken place at the site has been as part of the excavations for the approved concrete products factory. As the concrete products factory site falls within the Cornwall Wildlife Site it is subject to the terms of Condition 7. See above.

Condition Number and Description Condition 30 Landscaping

In areas outside the areas of mineral working or tipping identified in the approved plans, existing trees and bushes within the site shall be retained and shall not be felled, lopped, topped or removed without the prior written consent of the MPA. Any such vegetation removed without consent, dying, being severely damaged or becoming seriously diseased as a result of operations permitted at this site shall be replaced with trees or bushes of such size and species as may be specified by the MPA, in the first planting season following such occurrences. Notes Following Visit There was no disturbance of vegetation outside the identified areas of mineral working or tipping, other than in accordance with specific planning permissions.

Condition Number and Description Condition 31 Landscaping

Within 12 months from this determination the operator shall submit a scheme to the MPA for approval, for the visual improvement of the eastern margins of the quarry, including a programme of implementation. Notes Following Visit Discussions have previously taken place between the previous operator, the MPA, the Cornwall Wildlife Trust and the Councils landscape architect concerning the submitted scheme. The latter was considered unacceptable by the MPA. Correspondence was sent to the operator dated 8 April 2009 which requested that he submit a revised scheme (to include a revised profile). Draft notes were provided to guide details of the form, height, profiling, surface treatment and aftercare of the bund. This correspondence has been copied to the new owner/operator. ACTION OPERATOR The operator has submitted a revised landscaping scheme, having regard to the advice sent to the operator on 8 April 2009 but this has not been registered by the MPA at this time as further information has been requested. The operator should therefore submit the additional information at their earliest opportunity.

Condition Number and Description Condition 32 Restoration, Aftercare and Afteruse

There shall be no importation of waste or materials for recycling to the site without the granting of

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further planning permission. Notes Following Visit There were no signs of any waste material having been imported to this site.


On completion of quarrying operations the site shall be restored to amenity (nature conservation) purposes or any other use which has previously been approved in accordance with a restoration and aftercare scheme to be submitted to and approved by the MPA in conjunction with Cornwall Wildlife Trust. This scheme shall be submitted by 1 January 2020 or by such other date as may be agreed in writing by the MPA. Notes Following Visit This is recognised to be a post dated condition as the quarry remains fully operational.


In the event of a cessation of winning and working of 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 treatment and aftercare, shall be submitted in writing for approval to the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA.

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

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3. Compliance with Planning Conditions NR/01/00011/MIN dated 11/05/2001

Condition Number and Description Condition 1 Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit The permission was confirmed by the MPA as being implemented on 18 May 2006.

Condition Number and Description Condition 2 Duration

This permission shall not be valid after 21 February 2042. Unless planning permission has been granted for a continuation of operations beyond this period, all the operations and uses hereby approved shall be discontinued on or before this date, all plant, machinery and temporary buildings removed and the land reinstated in accordance with the further conditions below. Notes Following Visit This is recognised to be a post dated condition.

Condition Number and Description Condition 3 Control of Development

The development hereby permitted shall be carried out in accordance with the details shown on the approved plans (Drawing P46(7) Nos. 1, 2, 3 and 4) unless otherwise agreed in writing with the Mineral Planning Authority (MPA). Notes Following Visit The excavations which have been undertaken in respect of the concrete product factory were observed and these appear to be within the approved location. The following picture shows a section of the excavations.

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The development of the concrete products factory and associated compound shall not exceed the area outlined in red on Drawing P46(7) No. 4. Notes Following Visit The excavations appear to be within the permitted area. When the operator carries it the next topographic survey, it would be helpful if the exact location of the excavations is confirmed. It should also be noted that although the permission has been recognised as having been implemented, the full area for this development has not been excavated and as such the eastern area is still in use for the storage of quarry materials and the western section is bisected by an internal haul road.


Except as may otherwise be agreed with the MPA, the daily proportion of feed aggregate to the concrete products factory being sourced from within Castle-an-Dinas Quarry shall not fall below 60%. Notes Following Visit Currently this condition is not relevant as production of concrete products has not commenced.

Condition Number and Description Condition 6 Control of Development The operators shall be responsible for maintaining accurate contemporaneous records of imports of aggregates and the proportion of materials won from Castle-an-Dinas Quarry being used within the concrete products factory. These records shall be retained for a period of at least 3 years and shall be made available to the MPA within 3 days of a request for such records. Notes Following Visit Currently this condition is not relevant as production has not commenced.

Condition Number and Description Condition 7 Amenity Protection (General)

Except as may otherwise be agreed with the MPA, no development shall take place on the site until the applicant has secured and implemented a programme of archaeological work in accordance with a written scheme of investigation to be submitted to and approved in writing by the MPA (in consultation with the County Archaeologist). Notes Following Visit The survey as required by this condition is understood to have been submitted to the MPA and is currently being considered. Action point for the MPA The survey should be considered and when determined the Operator should be advised of the outcome.

Condition Number and Description Condition 8 Amenity Protection (General)

All practicable means shall be employed by the operators for preventing and minimising the emission of dust and 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

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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 Currently this condition is not considered to be relevant as production of concrete products has not commenced.

Condition Number and Description Condition 9 Drainage

The operators shall ensure that during the construction of the building and compound the following measures are provided:- (i) pumps used for pumping out water from excavations shall be sited at a distance from any watercourse to be agreed with the MPA and shall be surrounded by absorbent material to contain oil spillages and leaks;

(ii) the discharge of silty or discoloured water from excavations shall be irrigated over grassland or confined in a settlement lagoon to remove gross solids.

Notes Following Visit No pumping activities are currently being undertaken within this permission area as any water which is caught within the excavations is understood to drain naturally within the site.

Condition Number and Description Condition 10 Visual Amenity

The approved building and the associated external concrete hoppers, mixing plant, cement silos and associated machinery shall be finished in a dark green colour in accordance with details to be agreed with the MPA. Notes Following Visit It has previously been established that it is acceptable for the new owner/operator to wait until they have considered whether or not to progress the proposed project prior to agreeing the colour details.


Unless otherwise agreed with the MPA, the approved new screen bunding shall have been constructed and surface treated within three months from the date of the commencement of the construction of the new building/concrete mixing/cement storage plant in accordance with details to be agreed with the MPA in consultation with the Cornwall Wildlife Trust including its form and height. [The height of the bund shall be such that the new building, concrete batching plant, silo or stacked product are not visible from Hellangove or Higher Hellangove Farm dwelling houses]. Notes Following Visit Discussions have previously taken place between the MPA, the Cornwall Wildlife Trust and the Councils landscape architect concerning the nature of the scheme required for submission to the MPA. Correspondence was sent to the operator dated 8 April 2009 which requested that he submit a scheme. Draft notes were provided to guide details of the form, height, profiling, surface treatment and aftercare of the bund. The operator has previously submitted information regarding this matter but has been required to submit additional information regarding the profile of the bund. ACTION OPERATOR The operator should therefore submit the additional information regarding the landscaping bund.

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Prior to the commencement of concrete production, the details of the stockyard surfacing and security fencing (as may be necessary) shall be agreed with the MPA. Notes Following Visit While it is acknowledged that the production of concrete products has not commenced, the operator is reminded that details of the stockyard surfacing and security fencing should be submitted in advance of concrete production.


Prior to the installation of any floodlighting or security lighting that would serve the concrete products factory and associated compound, the operators shall have submitted to and had approved by the MPA a scheme of lighting so as to minimise the impact of such lighting on the visual amenity of the area and to avoid disturbance to the normal enjoyment of nearby properties or users of the public highway. Notes Following Visit No floodlighting or security lighting was observed within this permission area and no complaints have been received by the MPA concerning lighting in this area.

Condition Number and Description Condition 14 Working Hours

Except for routine plant maintenance or as may otherwise be agreed in writing by the MPA, no operations (including fixed or mobile plant) authorised or required under this permission shall be carried out on the site except between the following hours:- between 0700 and 1900 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays. There shall be no working on Sundays, Bank Holidays or National Holidays.

Notes Following Visit No complaints have been received.

Condition Number and Description Condition 15 Noise (Specific)

The total noise levels arising from the approved development and the associated quarrying activities combined, between the approved working hours as measured freefield at any inhabited residential dwelling in the vicinity of the site shall not exceed 55 dB LA eq (1 hour). Noise levels arising from the construction of screen bunds shall not exceed 70 dB LA eq (1 hour) measured freefield at any inhabited dwelling in the vicinity of the site. Where the MPA notifies the operator that it has received a complaint about noise which is attributable to operations within the site, the operators shall be required to undertake self monitoring of noise levels and operations (in accordance with a specification to be agreed with the MPA) to demonstrate compliance with this condition.

Notes Following Visit There are no outstanding complaints regarding noise either within this permission area or the remaining quarry.

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Condition Number and Description Condition 16 Access

Vehicular access to and from the site shall be restricted to the site access road coloured yellow on the approved plan. Notes Following Visit No yellow colour was observed on the approved plans. However, the vehicular access used to reach the site from the public highway is the same vehicular access as for the rest of Castle and Dinas Quarry Mineral Site.

Condition Number and Description Condition 17 Access

The operators shall employ best practicable means to prevent the transfer of mud, dust, stones or other deleterious material onto the public highway. Notes Following Visit The public highway adjacent to the site access was observed to be clear of debris. There are no outstanding complaints regarding the condition of the public highway.

Condition Number and Description Condition 18 Restoration

During the operation of the site and aftercare period noxious weeds, in particular Ragwort and Japanese Knotweed, shall not be allowed to colonise the site, including the associated bunding. Recognised control measures shall be implemented as soon as is practicable following initial infestation and shall continue until clearance is achieved. Notes Following Visit No noxious weeds were observed within this particular permission area.

Condition Number and Description Condition 19 Restoration

At such time or times as the new building and concrete batching plant and ancillary machinery is no longer used for the purposes for which it is hereby approved, unless otherwise agreed in writing with the MPA, the building/machinery etc shall be removed and the site shall be reinstated and treated in accordance with details to be agreed with the MPA. Notes Following Visit The building has not been constructed at this time.

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3. Compliance with Planning Conditions NR/08/00519/SEC73 dated 20/02/2009

Condition Number and Description Condition 1. Extent of Authorisation

This authorisation is granted under the terms of Part 19 Class B of the Town and Country Planning (General Permitted Development) Order 1995 and relates solely to the coating plant and its operation described in the submission documents unless otherwise agreed in writing with the Mineral Planning Authority (MPA). Unless otherwise agreed in writing with the MPA the daily proportion of feed material for the plant being sourced from within Castle-an-Dinas Quarry shall not fall below 85%. The operators shall be responsible for maintaining accurate contemporaneous daily records of imports of feed materials to the coating plant and the proportion of material won from Castle-an-Dinas Quarry being used within the coating plant. These records shall be retained for a period of at least 3 years and shall be made available by the MPA on request.

Notes Following Visit As a Part 19 Class B authorisation, this permitted development will fall under the umbrella of the next Periodic Review of Mineral Planning Permissions for this site. (The deadline for submission for Castle an Dinas Quarry is 28 March 2014). The operator indicated that the daily proportion of feed material sourced from within the quarry is understood to fall well within the 85% ratio. Higher PSV stone (sourced from the quarry) is a major element of road surface wearing courses. However, it is anticipated that surface wearing courses may be produced to a thinner specification in the future, and this scenario (together with the potential to utilise recycled aggregates) may result in difficulties in adhering to this ratio. The monitoring officer suggested that the operator should formally monitor this ratio (producing a monitoring return of the ratio for each week) so that, in the eventuality that the operator wishes to seek a variation to the figure quoted in the planning condition, the request could be substantiated by evidence of recent trends.

Condition Number and Description Condition 2. Duration

This authorisation shall not be valid after 21 February 2042 or on the completion of extraction of stone at Castle-an-Dinas Quarry whichever is the sooner. Notes Following Visit This is recognised to be a post dated condition.

Condition Number and Description Condition 3. Adherence to Approved Plans

This authorisation is restricted to the area edged red on Drawing No. P46(8)/A unless otherwise agreed in writing with the MPA. The site shall be developed in accordance with the submitted plans (Drawing Nos. P46(8)/A, B, C & D) unless otherwise agreed in writing with the MPA. Notes Following Visit The development is believed to be in accordance with the approved plans.

Condition Number and Description Condition 4. Adherence to Approved Plans

The height of the exhaust stack shall not exceed 8.2 metres in height above foundation level unless otherwise agreed in writing by the MPA. Notes Following Visit It was not possible to accurately measure this development, but it is thought to be compliant with this condition.

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Condition Number and Description Condition 5. Highway Issues

The sole access to and from the coating plant area shall be by using the existing access to Castle-an-Dinas Quarry coloured yellow on the approved plan P46(8)/D. Notes Following Visit The sole access to this area is in accordance with the approved plan.


The operators shall employ the best practicable means to prevent the transfer of mud, dust, stones or other deleterious materials onto the public highway. This includes, where necessary, the provision of wheel cleaning facilities, the details of which shall be agreed with the MPA. Notes Following Visit There are no outstanding complaints regarding the condition of the public highway and it was found to be clean and clear of debris at the time of this visit.


Unless otherwise agreed in writing with the MPA, the maximum number of loads of coated stone exiting the site onto the public highway in Heavy Goods Vehicles owned or controlled by the operators shall not exceed 32 on any weekday (Monday to Friday inclusive) and shall not exceed 16 on a Saturday or Sunday. The operators shall keep contemporaneous records of all vehicle movements associated with the coating plant and shall make such records available to the MPA on request. Notes Following Visit There are no concerns regarding the limited numbers of vehicles identified by this condition. A complaint has been received by the Local Planning Authority in respect of the number of vehicles which exited the quarry during 2012. A full record of these movements were obtained from the quarry and submitted to the complainant. The number of vehicles was identified as having been exceeded on one day in February 2012 and as such it was not thought expedient to pursue this matter further than by reminding the operator of the requirements of this condition. The record of vehicle movements are not routinely inspected during monitoring visits but are understood to be available to the visiting officer on request.


Unless otherwise agreed in writing with the MPA all vehicles leaving the site carrying coated stone shall be sheeted. Notes Following Visit There are no outstanding complaints regarding the sheeting of vehicles exiting this site and all vehicles which were seen to leave the site were correctly sheeted.


The operators shall adhere to the Code of Conduct relating to routeing of HGVs in their control to minimise the disturbance to funeral/wedding services being held at Ludgvan Church as detailed in the letter to Rev Andrew Wade from Castle Granite Ltd dated 10th January 2006. Notes Following Visit The Code of Conduct relating to routing is believed to be operating effectively. No complaints have been received by the MPA concerning this matter in the intervening period between this and the last monitoring visit.

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Condition Number and Description Condition 10. Highways Issues

The operators shall ensure that all lorries contracted for the supply of coated stone approaching and leaving the quarry shall utilise the B3311 and do not use the B3305 from Castle Gate to Crowlas via Ludgvan, at any time except between 0700 and 1900 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays. Notes Following Visit No complaints have been received by the MPA concerning this matter in the intervening period between this and the last monitoring visit.

Condition Number and Description Condition 11. Working Restriction

The coating plant shall not be operated on Bank or Public Holidays. Notes Following Visit The operator indicated that the coating plant is not operated on Bank or Public Holidays. No complaints have been received by the MPA concerning this matter in the intervening period between this and the last monitoring visit.

Condition Number and Description Condition 12. Amenity Protection (General)

All practicable means shall be employed by the operators for preventing and minimising the emission of noise, smell, dust and fumes from the approved development. Notes Following Visit There are no outstanding complaints regarding any impacts associated with the use of this plant and none were observed during the monitoring visit.

Condition Number and Description Condition 13. Amenity Protection (Noise)

The level of noise emitted as a result of activity or operation at the site and associated with the coating plant shall not exceed the following as measured freefield at Points A and B on Drawing No. P46(9)/A. between 0700 and 1900 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays the level of 55 dB LA eq (1 hour); between 1300 and 1900 hours on Saturdays and between 0700 and 1900 hours on Sundays, the level of 45 dB LA eq (1 hour); between 1900 and 2300 hours on any working day the level of 40 dB LA eq (1 hour); between 2300 and 0600 hours on any working day the level of 25 dB LA eq (5 mins); between 0600 and 0700 hours on any working day the level of 30 dB LA eq (5 mins). There shall be no use of single or multi pitch reversing bleepers on mobile plant or vehicles in control of the operators and associated with the coating plant. Notes Following Visit There are no outstanding complaints regarding noise from the operation of this facility. The quarry now approval to commenced, allowing 24 hour working of the coating plant under the noise limits of this planning condition.

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The operators shall maintain all the structures and machinery associated with the plant shown on Drawing No. P46(8)/A in colour BS 18 B 25. Notes Following Visit The vast majority of the structures and machinery were painted in Dark Admiralty Grey (BS18B25) in accordance with the planning condition. Two of the silos appeared to be unpainted galvanised steel which is a slightly lighter grey colour. These variations are not considered to be of significance. The operator is understood to be considering re painting this structure and this might be an opportunity to regularise the development to the approved colour.


The lighting associated with the coating plant shall be limited to that referred to in the document titled Castle-an-Dinas Quarry Asphalt Plant Lighting Arrangements date stamped as being received by the Spatial Planning Section on 20th November 2008. Each light shall be positioned/screened so as not to cause glare or annoyance to local residents or users of the public highway. Notes Following Visit There are no outstanding complaints regarding the lighting of this unit and no concerns were apparent during this visit.

Condition Number and Description Condition 16. Drainage/Pollution Control

Any fuel, oil or 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 housed in an area surrounded by bund walls of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded area shall be impervious both to water and oil. Notes Following Visit The tanks within this development containing potential pollutants are believed to be double skinned tanks, which are believed to meet the regulations.

Condition Number and Description Condition 17. Restoration

Before the end of a period of 24 months from the date when the operations hereby approved have permanently ceased or any longer period which may be agreed with the MPA:- a) all buildings, plant, machinery, structures or erections hereby permitted shall be removed

from the land unless the MPA have otherwise agreed in writing; and b) the land shall be restored so far as is practicable to its condition before the development

took place or restored to such condition as may have been agreed in writing between the MPA and the operators.

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

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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/97/00036/ROMPS dated 28/03/1999

Designated Officer Details

• Condition 8 Archaeology Consider the acceptability of the survey and respond to the operator.

Mr T Warne 01872 224475 [email protected]

Issues to be addressed by Operator NR/97/00036/ROMPS dated 28/03/1999 • Condition 5 Development in accordance with the approved plans There is understood to be no planning cover for this development and as such it is recorded as being a possible breach of planning control. The operator is therefore requested to either remove these units or to seek the necessary planning approval to cover there installation. • Condition 31 Landscaping The operator has submitted a revised landscaping scheme, having regard to the advice sent to the operator on 8 April 2009 but this has not been registered by the MPA at this time as further information has been requested. The operator should therefore submit the additional information at their earliest opportunity. Issues to be addressed by MPA NR/01/00011/MIN dated 11/05/2001


• Condition 7 Amenity Protection (General) The survey should be considered and when determined the Operator should be advised of the outcome.

Mr T Warne 01872 224475 [email protected]

Issues to be addressed by Operator NR/01/00011/MIN dated 11/05/2001 • Condition 11 Visual Amenity The operator should therefore submit the additional information regarding the landscaping bund. Issues to be addressed by MPA NR/08/00519/SEC73 dated 20/02/2009


• None at this visit Issues to be addressed by Operator NR/08/00519/SEC73 dated 20/02/2009 • None at this visit

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11. Summary Castle an Dinas Quarry is owned by Cornwall Council and is currently operated by Cormac Solutions Ltd. The quarry continues to be operated for the extraction of varying grades of aggregates including those required as a feed source for the Road Stone Coating Plant and more recently improved Concrete Batching Plant, which are also operated within the site. The quarry also provides a useful source of building stone in the form of light brown granite and also holds a stock of armour stone. The mineral planning permissions at Castle an Dinas Quarry will be subject to a Period Review required under Section 96 of the Environment Act 1995. (The date for submission is before 28 March 2014, and statutory reminders will be served by the Mineral Planning Authority before that date. Compliance with the submission dates of the Review is of fundamental importance, as the relevant planning permissions cease to have effect, other than restoration conditions, in cases where owners/operators fail to submit by the official date). Early discussions with the Local Planning Authority are recommended on this matter. As indicated in the notes on specific planning conditions, the Environment Act 1995 Review of Mineral Planning permission procedures, which are outlined in Minerals Planning Guidance Note 14, are now subject to Environmental Impact Assessment:

o The operator is advised to enter into early discussions with the Local Planning Authority concerning screening and scoping.

o The early implementation of a topographic survey is recommended as a baseline for this work, but also to identify locations and heights of specific features mentioned in the planning conditions above.

There are no outstanding complaints regarding the operations which are being undertaken undertaken at this quarry and no significant environmental impacts were observed or recorded during this site inspection.

Castle an Dinas 2013 2 - Cornwall · Page 1 of 27 Office Use Only Monitoring of Mineral and...

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