EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE : 24 JUNE 2016 15/0203/PP : PLANNING APPLICATION TO AMEND THE APPROVED RESTORATION SCHEME

FOR THE DALGIG FARM MINERAL WORKING AREA WITHOUT COMPLYING WITH CONDITION 9 OF PLANNING PERMISSION 07/0908/FL (DATED 19 AUGUST 2008).

AT GREENBURN SURFACE MINE

NEW CUMNOCK EAST AYRSHIRE

BY Kier Infrastructure and Overseas

Report by Head of Planning and Economic Development

Economy and Skills

Click for Application Details: http://eplanning.east-

ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=NLGGRUGF02N00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT 1 The purpose of this report is to present for determination a planning application for

consideration by the Planning Committee as the application relates to the restoration of the Dalgig section Open Cast Coal complex at Greenburn, New Cumnock. The proposals are not considered to be significantly contrary as the proposals generally accord with the Development Plan and therefore can be determined by this Committee

RECOMMENDATION 2. It is recommended that the Planning Application be approved subject to the conditions

on the attached sheet and the conclusion of the S75 legal agreement.

3. It is recommended that the revised Waste Management Plan be approved.

CONTRARY DECISION NOTE 4. Should the Committee agree that the application be refused contrary to the recommendation of

the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy.

Michael Keane Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE : 24 JUNE 2016 15/0203/PP : PLANNING APPLICATION TO AMEND THE APPROVED RESTORATION SCHEME

FOR THE DALGIG FARM MINERAL WORKING AREA WITHOUT COMPLYING WITH CONDITION 9 OF PLANNING PERMISSION 07/0908/FL (DATED 19 AUGUST 2008).

AT GREENBURN SURFACE MINE

NEW CUMNOCK EAST AYRSHIRE

BY Kier Infrastructure and Overseas

Report by Head of Planning and Economic Development

Economy and Skills

PURPOSE OF REPORT 1. The purpose of this report is to present for determination a planning application for

consideration by the Planning Committee as the application relates to the restoration of the Dalgig section Open Cast Coal complex at Greenburn, New Cumnock. The proposals are not considered to be significantly contrary as the proposals generally accord with the Development Plan and therefore can be determined by this Committee.

APPLICATION DETAILS

Site Description:

2. The Greenburn complex is located approximately 4km to the West of New Cumnock, within

East Ayrshire, with access to the complex for staff and deliveries being taken from the north of

the site via the unclassified U719/U720 roads. Whilst the site is referred to as the Greenburn

complex, there are a number of separate operational areas, including a railway loading facility

within the complex. Coal extraction has been completed in several areas (Greenburn,

Greenburn North, Greenburn North East and Dalgig Farm), while coaling has been temporarily

suspended within operational areas referred to as Wellhill Farm and Braehead Farm.

3. To the south of the Dalgig site is the Braehead Farm excavation area and to the east is Wellhill

Farm excavation area. To the north of the site is an area known as Carsgailoch Hill which is an

area of woodland. A Planning Application 11/0980/PP approved by Planning Committee for

coaling was never issued as the legal agreement had not been concluded, this application was

withdrawn on the 15th June 2016.

4. To the west of the site is the House of Water Opencast Complex which is owned by OCCW

(House of Water Limited) and operated by Hargreaves Surface Mines Limited (HSML). It

should be noted that the working void area at Dalgig bounds onto Burnston Fields Extension

void in the adjacent House of Water complex and is subject to ongoing mining operations by

HSML.

5. The landscape context for the development is the upland fringe, in the upper valley of the River

Nith on the northern edge of the Southern Uplands. The site is located within the Upland Basin

and Forestry and Opencast mining landscape character types.

6. The wider characteristics of the Upland Basin is predominately open and agricultural

comprising a mixture of enclosed improved and semi improved pasture with a network of

roads small settlements and farms. The land form is undulating or flat with occasional steeper

knolls/ridges and area of small natural lochans, there is a scattering of shelterbelts and

woodlands but the character is predominately open. The River Nith meanders from west to

east and has been successfully relocated twice in this locality to accommodate opencast

mining.

7. Prior to the opencasting operations in the area the original ground levels of the hillside ranged

from 220 AOD adjacent to the road at the River Nith in the west of the site rising to 260m

AOD at the start of the forest, continuing eastward with a constant gradient to 280m AOD at

the northern boundary of the site. The currently approved restoration scheme looked to mimic

that topography. Within the application site, there are areas of restoration which have been

carried out, while some areas of overburden storage and drift dumps remain. Coaling has

been completed within the Dalgig area of the Greenburn complex and works to fulfil the

restoration works are ongoing, with overburden materials being placed into the final void to infill

this area.

8. Proposed Development: This Planning application to amend the approved restoration scheme for the Dalgig Farm mineral working area without complying with condition 9 of planning permission 07/0908/FL aims to retain a water body within the Dalgig void area of the site. It is proposed to part fill the coal extraction void to create a basin shaped waterbody which would have proposed water level of approximately 213m Above Ordnance Datum (AOD), subject to minor seasonal fluctuations. This water level would place it two metres below the River Nith at 215m AOD while the proposed Burnston void in House of Water would be at 218m AOD. It is anticipated a hydraulic gradient will be formed between the final Burnston void and the Dalgig void due to the porous nature of the intervening backfill material.

9. The water body measures approximately 650m long by 180m wide with a surface area of

17.1ha. It is proposed that the water filled void would have shallow edges to provide a safe entry and provide a wildlife habitat. The expected water level within the void would be approximately 30m deep with a final water level of 213m AOD.

10. The scheme also includes the retention and contouring of part of the overburden to form a

Covenanter’s Cross as a land art feature [orientated to be viewed from planes on the flight path into Glasgow Prestwick Airport]. The land art would measure 500m by 500m and incorporates five cairns at its centre, mirroring the Covenanter’s Cross. In association with this tourist attraction, a large car park and various walking routes are proposed throughout the site, with viewpoints being created at key locations.

11. The proposals also incorporate the reestablishment of the Dalgig burn through a contoured valley reconnecting it with the River Nith. For clarity the proposed water filled void has no permanent discharge into the River Nith, though an emergency overflow is proposed which would be directed through the existing settlement lagoons prior to being discharged into the River Nith. These lagoons would provide a water treatment area of approximately 20,000m² and function in a low maintenance manner through gravity cascade system of passive treatment.

12. The scheme also incorporates a comprehensive landscaping scheme across the entirety of the

application site.

The planning application indicates the current restoration proposal provides:

185.5 ha (approved 52.6ha) of Conservation grasslands marshy grasslands neutral grassland

78.3 ha (approved 237.2 ha) of Agricultural grassland

2.5ha (approved11ha) Existing/undisturbed bog

22.2ha (approved19.2) Woodland

17.1ha (approved zero) open water

4.7 (approved 3.6) hardstanding

23.9km of field boundaries incorporating 4km(approved 1.1km)of hedgerows.

1345m (approved 730m) reinstated burn length

Previous workings

13. Members will be aware as reported in the April 2016 Quarterly Compliance Report that that while areas of Greenburn, Greenburn North and Greenburn have been coaled, reinstated and restored to agricultural land, they have been reinstated to a contour level higher than previous approved under the relevant planning permissions. As a result of these higher ground levels there is a deficit of overburden material available to complete the infilling of the Dalgig void in line with the restoration scheme approved under 00/0793/FL. In order to regularise that position the applicant has been asked to submit a revised planning application for those sections of the complex. Current Restoration Guarantee

14. As was highlighted in the September 2013 “Steps to Recovery” Report by the Chief Executive, the application site [ which includes the areas of restored at higher ground levels detailed above] is covered by a Restoration Guarantee, however the value of that restoration guarantee, provided by Lloyds TSB, is capped through the legal agreement at £2.5 million. It is estimated that the value of the work required to reinstate the site to its approved restoration contours is well in excess of the available bond value [no formal figure is available]. This discrepancy between the restoration guarantee value and the restoration costs means that there would be insufficient funds available to the Planning Authority to restore the site to the approved contours in the event that it was required to do so. This matter is fully discussed below.

CONSULTATIONS AND ISSUES RAISED

15. SEPA have been involved in detailed discussions in relation to this application and now put

forward the following comments in relation to the proposals :-

16. We understand that this current proposal has been submitted due to a revised estimation of the

volumes of overburden available which has led to a consequential change in the heights of the proposed final landform.

17. The applicant acknowledged the uncertainties associated with the proposed revised restoration scheme at the Dalgig site while SEPA acknowledged that further assessment of the site might not necessarily provide a better understanding of the site hydrogeology.

18. To this end, SEPA agreed that the outline mitigation and monitoring strategies, based on the

information to date, are sufficient to manage the uncertainties during the aftercare period and ensure only minimal and acceptable impacts on the surrounding water environment. However we advised that the monitoring and mitigation strategies must be sufficiently adaptable in order to appropriately manage unforeseen impacts. We would suggest that this management approach is consistent with similar proposals at the Wellhill and Greenburn mine complexes.

Noted. It is proposed to attach planning conditions to any grant of consent addressing this matter

19. It was noted that the Planning Authority expressed concern regarding the overburden stockpile

which is to be left on the site. The applicant has now acknowledged the potential for leachate generation from areas of overburden and has advised that an appropriate monitoring scheme will be compiled.

20. SEPA assessed data from both Burnston remainder and Dalgig Backfill Risk Assessments

(BRA) which indicated that although some sulphur contents were found to be above 1wt%, available mineralogical analysis for the worked sequence at Burnston, which is largely the same as at Dalgig, indicates negligible to low pyrite contents. This in turn suggests limited potential for the mobilisation of elevated concentrations of mine related contaminants. This comparison between Burnston and Dalgig is not perfect as coals are not always laterally consistent and their chemical and mineralogical contents can change, however, the comparison is considered robust enough to dispel much of the concern at Dalgig. Monitoring and mitigation are essential to ensure any residual risks can be adequately managed.

Noted. It is proposed to attach planning conditions to any grant of consent addressing this matter

21. The void area and the new river channel proposed are two distinct entities. The CAR licence for the point source discharge from the void via the treatment lagoons can be regulated. However, should a “breakout” occur from either another point within the void (e.g. via groundwater), or from the river reinstatement, that CAR licence could not regulate or enforce the additional mitigation required.

22. For this reason, it is important that the monitoring and reporting requirements are agreed and

stipulated by condition, with the expectation that the site owner would be responsible for implementing whatever mitigation might be required. We would recommend that the condition advises that appropriate mitigation measures are likely to be regulated by SEPA. This should ensure there is site wide control and mitigation which is necessary given the uncertainties of the hydrological regime at this site.

23. As East Ayrshire Council is a responsible authority under WEWS as well as the planning authority, we believe this is an appropriate approach which will afford the best protection of the environment

Noted. It is proposed to attach planning conditions to any grant of consent addressing this matter

24. The proposed mitigation to manage void water levels through the construction of an overflow

channel leading to a sizeable treatment area is considered to be adequate. 25. However, we would reiterate that the site hydrogeology is complex and should the void water

levels not behave as expected, and for example, waters discharge via a different unforeseen route before reaching the 217.5m AOD, scenarios such as this, will need to be monitored and appropriately managed by the Responsible Person. As such the monitoring and mitigation plan (initially outlined in Chapter 7 of Dalgig Surface Mine Hydrogeological Assessment SLR, Kier, May 2015) is considered to be of the upmost importance.

26. It is proposed that the Environmental Management Plan would be similar in scope and detail to the approved Wellhill and wider Greenburn mine complex groundwater and surface water monitoring plan, and include (but not be limited) to the following:

• collection of routine site observations • groundwater monitoring locations (description and plan); • monitoring well design; • groundwater level monitoring programme and schedule; • groundwater quality monitoring programme and schedule; • surface water monitoring locations (description and plan); • surface water level monitoring (inc. void rebound water levels) programme and

schedule; • surface water quality monitoring programme and schedule; • surface / groundwater seepage monitoring programme and schedule; • locations of site settlement ponds and licensed abstraction and discharge points; • details of site CAR Licences and limits; and • reporting frequency.

27. The monitoring plan would consider requirements during the restoration and post restoration

phases of development. 28. The monitoring plan would consider the Burnston Fields, Burnston Remainder and Dalgig void

areas and specifically refer to the potential impacts identified in the recent planning applications for these areas (SLR, 2015 and Pleydell Smithyman, 2014) so that the monitoring programme can be used to assess if these impacts are occurring and the efficacy of the proposed mitigation measures proposed e.g.:

• areas of site prone to pollution from suspended solids or other sources; • areas of seepage from areas of stockpiles; • upstream and downstream water quality in the River Nith; and • restoration water levels and comparison water levels in the River Nith.

29. In addition to provision for the collection, interpretation and reporting of the monitoring data the

Environmental Monitoring Plan would identify contingency actions and reporting should site observations and/or monitoring data suggest restoration water levels or ground or surface water quality are not as expected.

30. It is expected that the Environmental Management Plan would be agreed with SEPA. Noted. It is proposed to attach planning conditions to any grant of consent addressing

this matter 31. We also advised that the discharge from a treatment area dealing with void water delivered via

an overflow arrangement would be subject to a CAR licence. Noted 32. The Planning Authority sought clarification on over the 10 year period for monitoring. Due to

the acknowledged hydrogeological complexity, length of groundwater recovery and potential interactions with neighbouring phases of sites which may continue beyond the period of restoration at the Dalgig site. We consider that a minimum of a ten year period of aftercare and monitoring to be appropriate - as stipulated in SEPA’s surface mine guidance (Younger and Sapsford 2004).

33. The 10 year aftercare and monitoring period is to identify any unforeseen impacts. Kier have

already acknowledged the need for void overflow treatment and this will be controlled through CAR. The CAR licence will be in place for as long as necessary and this maybe much longer than the 10 year aftercare period.

34. Any condition stipulating the monitoring and reporting requirements could require that the site

must be monitored until the Planning Authority, in consultation with SEPA, agree that there is no longer an unacceptable risk to the water environment.

Noted. It is proposed to attach planning conditions to any grant of consent addressing

this matter 35. Ayrshire Roads Alliance (Flooding) have no objections on the grounds of flooding as the

pre-development runoff rates from the site have not been exceeded. Noted

36. Ayrshire Roads Alliance were consulted and have no objection to the proposal.

Noted

37. The Coal Authority were consulted and indicate that the current submission is to amend the approved restoration scheme for Dalgig Farm mineral working area without complying with Condition 9 of planning permission 07/0908/FL. Although the Coal Authority welcomes proposals to restore the mineral working area it has no specific comments to make on the details of the restoration scheme now proposed.

38. Noted

39. Historic Scotland were consulted and having reviewed the area affected for potential impacts

upon the aforementioned heritage sites Historic Scotland can confirm that we agree with the findings as set out in the Environmental Statement. They are content that significant impacts are unlikely and therefore have no further comments to offer on this proposal

Noted 40. West Of Scotland Archaeology Service indicated that the revised restoration strategy would

relate to areas that have been subject to previous opencast mining, a process that is likely to have wholly removed any archaeological material that may have been present, the proposals to amend the restoration measures should not raise any fresh archaeological issue. Noted

41. Transport Scotland have indicated that the information provided within the ES states that

Transportation, Noise and Air Quality have been scoped out of the EIA process as any potential effects are associated with the operational phase of the development. Coal operations ceased in December 2014 and therefore there are no longer any traffic movements associated with the development and thus no further assessment is needed. Transport Scotland can confirm that they accept the above position and accept that there will be no significant traffic or associated environmental impacts associated with the revised proposals. Noted

42. Scottish Natural Heritage have indicated that these proposals will have no direct impacts on

any nationally important natural heritage designations or specially protected species. In line with our (SNH) agreement to support EAC following the collapse of the coal mining industry, we are providing the following advice.

43. We understand that this current proposal has been submitted due to a revised estimation of the

volumes of overburden available which has led to a consequential change in the heights of the proposed final landform.

44. We believe that it is important that due consideration is given to the following matters:-

a) The extent and condition of the habitats that were on site prior to the approval to

original consent. b) The commitments that were made to restoration by the applicants to justify the

impacts caused by the establishment and operation of the opencast coal mine. c) The scale and prolonged nature of these effects which have impacted on both the

local community and its environment. d) The potential advantages that may arise from the proposed modified restoration

scheme.

45. It is clear that the original scheme was designed to replicate the pattern of the farming landscape that was present before the open cast mine was established. The essential aim of the approved restoration scheme was to restore the mine site to productive farmland and in doing so remove all of the damaging impacts of the opencast operations. This original restoration scheme created habitats and topography which were suitable for re-colonisation by all of the species which were displaced during the operation of the site.

46. The proposed amended scheme will retain significant overburden mounds, a partially filled and flooded void along with an area of cliff (a remnant of the void back wall). This new landform will not conform or be sympathetic to the original landscape character of the Upper Nith Valley. It should be possible to recreate agricultural grassland over the terrestrial parts of the proposed land form, however, the gradients may not be as attractive to re-colonising wildlife as those of the original scheme. The presence of water body will reduce the extent of the grassland that

can be created. It will, however create a habitat which could be attractive to a different range of species, particularly if a shallow fringing vegetation can successfully be created. The species of wildfowl that this alternative would attract will add to the biodiversity of the restored site but it will be at the expense of species which are native and typical to the area. The area of cliff that will be left could potentially provide nesting habitat for a pair of Peregrine Falcons. A traditional Peregrine nesting site was lost at Tappet Hill Quarry, the site of which was within the adjacent House of Water opencast site, however it is likely that the restoration of House of Water will retain suitable nesting cliffs closer to the original site.

47. In terms of the proposal to leave a significant volume of the northern overburden mound as a

Saltire land-art feature, we remain unconvinced of the claimed benefits this may accrue. The visual impact is not specifically discussed in relation to the selected viewpoints. We do not believe that this aspect of the proposal has been fully developed, justified nor assessed.

48. In Summary the original restoration scheme provided a return to a landform in keeping with the

local landscape character, and providing a long term sustainable land use with the potential for native species to recolonize. The proposed amendment will retain features directly attributable to opencast coal mining, the area available for sustainable land use will be reduced, the area available for species typical of the area will be reduced however, there may be a slight increase in biodiversity.

It is agreed that due to the large waterbody, the retained lagoons, the shaped

overburdens, the unnatural land art form and the large carpark area it is clear that the proposed scheme will result in a landscape which will reflect elements of its industrial past. However as noted by SNH, while the original landform is not being reinstated the elements of the proposed restoration scheme will have positive effect on biodiversity due to the increased areas of woodland, shallow fringes of the water body and the increase in hedge rows.

With regards to the impact of the development on the wider community it is considered that inert nature of the majority of the 17.1ha water filled void has a negative impact not completely mitigated by the improved and more diverse landscaping across the site and remains a point of concern.

SNH are correct that it is significantly disappointing that the Developer has failed to deliver in their commitment to restore the opencast site to its original restoration proposals. It is considered that this failure by the Developer is a direct result of the Developer reinstating areas of the Greenburn site at a ground level higher than originally approved thus creating a deficit of material for the Dalgig section of the site.

49. Nith District Salmon Fisheries Board indicate that they have been kept fully informed of the

amended scheme and all proposals specifically in relation to the formation of a body of water and the re instatement of the former Dalgig Burn. We are completely satisfied with the amended proposals and look forward to working with Kier to achieve their goals on this project.

Noted

50. Royal Society For The Protection Of Birds, Scottish Water, Ayrshire Rivers Trust, The

Scottish Government and all Community Councils in wards 7,8 &9 were consulted and none have as yet responded

REPRESENTATIONS 51. One letter of support was received from the Scottish Covenanter Memorials Association, they

indicate that the Scheme will promote the Covenanters in the area through the addition of a land art feature in the shape of the Covenanters Flag and information boards detailing the Covenanter history in the local area. By providing access to the site it will provide for tourism in the area focusing on the cultural history and promoting the Covenanters.

52. The Scottish Covenanters Memorial Association (SCMA) is hoping to work closely with Kier to

help develop and expand on the Covenanter history in the area and will provide an advisory role in providing historical information.

The support of the Scottish Covenanters Memorial Association for the proposal is

noted.

ASSESSMENT AGAINST DEVELOPMENT PLAN 53. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that

planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of this application the development plan comprises the Ayrshire Joint Structure Plan 2007 and the East Ayrshire Open Cast Subject Plan.

Ayrshire Joint Structure Plan 2007 54. Policy ENV 12: Mineral Resources indicates that the three Ayrshire Councils shall safeguard

specialised and economically important mineral resources from sterilisation by permanent development. They shall work together to prepare a strategy for mineral development, including opencast coal, to guide the preparation of future local development plans

The East Ayrshire Opencast Coal Subject Plan guides the opencast coal operations

within East Ayrshire and the proposals are considered against that plan in the following section.

East Ayrshire Opencast Coal Subject Plan

55. POLICY MIN 3: Subject to detailed consideration, the Council will generally be supportive of

any proposal to extend an existing operative opencast coal site within the Potential Coal Extraction Areas either laterally or through an increase in the depth of existing workings. This proposal does not involve any further coaling and only relates to the redesign of the restoration of the previously approved opencast coal operation.

56. POLICY MIN 6: The Council will require all opencast coal operators, when submitting their

extraction proposals to the Council for consideration, to support their planning application:

(iii) with information about their interest in any likely future extensions to current applications and future adjacent sites in which they have an interest.

The applicant has indicated they have no other extraction proposals in the locality.

57. POLICY MIN 7: Within Potential Coal Extraction Areas, all applicants for opencast coal development will be required to demonstrate to the Council that their proposals will not have any significant adverse effect on the community or create any permanent adverse effect on the environment. Proposals which are likely to have such effect are unlikely to be accepted unless there are counter balancing benefits. In assessing opencast coal proposals the Council will apply the following criteria:

(i) whether the proposal is acceptable in planning terms with the use of appropriate

planning conditions or legal agreements; or

Given the proposal relates to the redesign of the restoration scheme for the Dalgig

opencast coal site, many of the issues which usually impact upon communities are

dealt with through the planning agreement and planning conditions relevant to the

original planning permission.

It is considered that this scheme will be acceptable provided certain additional planning

conditions are attached to any grant of consent requiring regular monitoring, additional

information and potential future mitigation works.

(ii) whether the proposal carries benefit to the affected community or the environment which sufficiently outweighs any adverse effects; or

With regards to the impact of the development on the wider community it is considered that the negative impact of the 17.1ha water filled void is not completely mitigated by the improved and more diverse landscaping across the site. However, as indicated previously in the report, in order to achieve the approved restoration scheme, previously restored areas of land would require to be disturbed to expose the overburden required. It is considered that the negative impact of disturbing areas of land which has been in restoration for several years would have a more detrimental visual and ecological impact on the surrounding area than the creation of the water body. Therefore it is considered on balance that while the retention of the water body is not considered the preferred restoration scheme for the area given the historic issues it is considered the best available option.

(iii) exceptionally, whether the proposal is of such importance that it should be granted

planning permission even though it fails to meet either of the previous criteria such a proposal might, for example, propose the rehabilitation of substantial areas of dereliction or the remediation of major problems left over from previous mining operations. Applications which do not meet any of these criteria will not be acceptable to the Council and are unlikely to receive planning permission.

It is considered that clause (iii) is not required in this instance as the proposal can be

made to be acceptable through the use of planning conditions.

58. Policy MIN11: The Council will seek, where ever possible, to conserve all areas of active peat

bog within the boundaries of an opencast coal development site. All peat which requires to be

removed in order to access the coal reserves on site will require to be retained on site for

future use in restoration of the area with storage being carried out to the satisfaction of the

Council and Scottish Natural Heritage in purposely designed peat storage areas.

It was identified in the original planning application for Dalgig that there was peat on

site and that a Peat Management Plan was required to ensure this matter was properly

addressed. The peat removed for the Dalgig area during the Coaling operations has

been stored on site and is being used in the restoration of the Greenburn area.

59. Policy MIN 12: The Council will seek to ensure that a proliferation of open cast sites within

close proximity to any one particular community or within one particular area does not occur.

In assessing opencast proposals, a prime consideration of the Council will be the possible

cumulative effects that a concentration of developments may have on any one particular area

or on the wider community in general.

The aspect of cumulative impact was assessed in the determination of the previous

planning permissions for Greenburn, House of Water, Chalmerston, Dunstonhill and

Netherton. It is not appropriate to reconsider the issue of cumulative impact on

communities under this section 42 application.

60. Policy MIN 14: the Council will, subject to the provisions of all other relevant Subject Plan

Policies, support proposals for the reworking of colliery spoil heaps or other coal based

deposits, especially where this will lead to restoration and environmental improvement of

degraded land.

This policy, was intended to deal with the historic legacy of deep mining and it not

relevant to this application.

61. POLICY MIN 15: All developers are required to restore their operational sites progressively to the highest possible standards. The use of restored land for specific agricultural, forestry, recreational and nature conservation purposes will be acceptable to the Council and applicants are encouraged to create wildlife habitats and wetland areas, if appropriate, within their restoration proposals. Developers will be required to provide for the creation of new habitats appropriate to the particular after-uses of the site concerned, as an integral part of their detailed restoration and aftercare proposals. Professional advice from Scottish Natural Heritage and other appropriate nature conservation bodies should be sought in this regard.

Given the historic issues, as detailed above, which influence the options available in the design of the restoration scheme for this opencast operation it is considered that while the scheme will result in a 17.1ha waterbody of limited ecological value the remainder of the site has an enhanced restoration scheme in terms opportunity for ecological diversity from the approved restoration scheme and therefore on balance is considered to be the best option available.

62. Policy MIN 16: Developers are required to divert or re-route any existing rights of way

There are no rights of ways affected by these proposals, however the proposals do provide a network of footpaths throughout the site to encourage walkers and ramblers into the area.

63. POLICY MIN 19: All haulage of extracted materials between the area of excavation and the

point of dispatch from the opencast site should be via internal haul roads only. The Council will ensure that all site accesses onto the public road system are located so as to avoid any unnecessary transportation of extracted material through nearby communities, en-route to its market destinations.

The proposals do not involve the haulage of materials off site.

64. POLICY MIN 22: All opencast operators are required to give proper consideration to mitigating

the likely impact of their proposed developments on local communities and nearby properties. Particular attention should be given to minimising any adverse impacts of a development associated with the following:

(a) the potential effects of the operational working of the site on existing residential

properties and nearby communities;

The revised proposals will not introduce any new effects to the nearby properties.

(b) the effects of the proposal on the visual amenity and physical setting of nearby

communities;

The proposals will not have a detrimental the visual or physical impact on nearby

communities

(c) the landscaping and screening measures proposed to minimise the visual and

operational impact of the proposed development;

The proposal contains no additional landscaping or screening proposals to minimise

the visual or operational impact of the development.

(d) the adequacy of the restoration and aftercare proposals and the suitability and

compatibility of the intended after-uses proposed within the overall area; and

The proposals provide a reasonable level of restoration over the majority of the site,

however the inert nature of the majority of the void remains a concern as detailed

above. As indicated in the SEPA consultation above, it is proposed to require a 10year

aftercare period for the development.

(e) the potential adverse effects of the transportation of extracted materials on local

communities, groups of dwellings and individual dwellinghouses located along proposed

coal haulage routes.

The proposals do not involve the haulage of materials off site.

65. POLICY MIN 23: In order to ensure that opencast coal operations do not cause unacceptable disturbance and nuisance to residents of local communities, the Council is likely to consider opencast developments unacceptable where:-

(a) a development has a boundary which encroaches within 500 metres of the community

concerned, or

The site is not within 500m of a community.

(b) the proposal involves a substantial area for extraction over an extraction period in

excess of ten years, or

The proposal is to revise the restoration scheme for Dalgig and does not include any

future coaling operations.

(c) the proposal is likely to be subject to repeated extensions, perpetuating disturbance to

local communities for a period substantially longer than five years.

The proposal is to revise the restoration scheme for Dalgig and does not include any

future coaling operations. The time line for this planning permission was amended

under planning consent 15/0166/PP which extended the lifetime of the permission until

31st December 2017 to allow restoration to be concluded.

66. POLICY MIN 24: The Council will require all opencast developers to demonstrate the measures they propose to minimise the effect of their operations on sensitive establishments including all individual or small scale groups of dwellinghouses, located outwith communities and not in the ownership or under the control of the developer. In such cases, developers will be required to provide the Council with evidence that they are prepared to enter into appropriate legal agreements with the owners or tenants of effected properties, in order to offset any adverse effects from the development that may be experienced.

The alteration to the approved scheme of working will have minimal impact on any adjacent properties. As detailed above the nearest property is Wellhill Cottage 850m east of the application boundary.

67. POLICY MIN 25: Any proposal to undertake any extraction operations or to locate operational

areas relating to the storage, processing or dispatch of coal within 500 metres of any sensitive establishment, local community, group of dwellings or individual dwellinghouses not in the ownership or under the control of the developer will only be entertained by the Council where the development can be fully justified by the developer in environmental terms and where all of the following criteria are met:

(i) the Council is satisfied that there are no objections which cannot be overcome through

the expeditious use of conditions or planning agreements from residents, owners,

tenants or occupiers of properties located within 500 metres of the proposed working

face of the site;

There is no property within 500m of the application site.

(ii) the total period of extraction and restoration within a distance of 500 metres from any

sensitive establishment or dwelling does not exceed a period of 12 months;

There are no properties within 500m of the site.

(iii) the proposed extraction does not involve any blasting operations within a distance of 500 metres from any sensitive establishment or dwelling; and

There are no properties within 500m of the site.

(iv) the extraction or operational areas do not encroach within 100 metres of any group of dwellings, individual dwellinghouse(s) or sensitive establishment concerned

There are no properties within this zone.

68. POLICY MIN 31: The Council will not be supportive of any opencast proposals which would

disrupt or otherwise adversely impact on water catchment areas, principal water courses and their tributaries or other major water resources such as lochs and reservoirs through East Ayrshire. The proposal aims to reinstate the Dalgig burn and reconnect it with the River Nith. The water body which is proposed as part of the scheme is an “off line” water body, meaning it has no watercourse entering it and no regular outfall to any other watercourse ie the River Nith. In this instance SEPA require that an emergency overflow is created from the proposed waterbody to existing adjacent settlement lagoons which in turn then discharge to the River Nith. It is noted that this emergency overflow would only be operational in the event that the water level rises above the predicated 217m AOD. It is noted that the Greenburn Technical Working Group has discussed the realignment of the Dalgig Burn and the operator has been provided with design advice on that subject.

69. POLICY MIN 35: The Council will require all applicants for opencast coal developments to

provide appropriate financial guarantees prior to the issue of any planning consent in order to ensure full restoration, reinstatement and aftercare of the site should, for any reason, works be abandoned prior to completion. A financial guarantee, provided by a recognised financial institution and reassessed at regular intervals will be considered appropriate with the amount lodged being calculated on the basis of a realistic assessment of the total costs of restoration of the individual site concerned at any particular time, the amount of disturbed land, the cost of providing for the detailed afteruses agreed for the site and appropriate costs of aftercare.

70. The Council will require a regular assessment of restoration operations to be carried out by an independent consultant, selected through an appropriate tendering process and who is financed and funded directly by the opencast developer. The consultant will be required to provide the Council with an ongoing assessment of the degree of compliance with the approved restoration plans through the submission of updated restoration drawings and with a recalculated detailed assessment of restoration costs on a 6 monthly basis.

71. The costs in meeting any shortfall in the agreed restoration requirements will require to be met

in full by the developer through an appropriate insurance scheme or other method of funding as may be agreed with the Council. It will also be a pre-requirement of any agreement entered

into in respect of restoration of the site, that the Council is absolved of any liability if problems in the restoration of the site occur. The Dalgig and Greenburn section of the overall complex is covered by a Restoration Guarantee provided by Lloyds TSB to the value of £2.5 million. It is considered that this is insufficient to cover the restoration costs of this proposed restoration scheme, at this current time. Members will remember that the legal agreement for the original planning permission for this section of the complex, incorrectly included an upper limit on the value of the restoration guarantee, set at £2.5million. Due to that flaw, it is proposed, if this scheme is approved by Planning Committee, to attached a planning condition to the planning permission requiring the provision of a restoration guarantee which matches the value of the remaining restoration works, in line with Policy MIN 35.

72. POLICY MIN 36: On completion of all reinstatement, earth moving and engineering works associated with the restoration of the site and subject to all such works being carried out to the satisfaction of the Council, the Council will release the restoration financial guarantee. However, an appropriate guarantee will be retained by the Authority under the arrangements agreed for the lodging of restoration guarantees described in policy MIN36 above, to cover a five year period within which the operator will be required to carry out any prescribed aftercare works including the provision of site drainage, landscaping, seeding, reinstatement of Rights of Way, public footpaths etc. and the enhancement of the site for nature conservation purposes. As detailed above the original planning permission was flawed in relation to the provision of an appropriate restoration guarantee for both the main body of works and the aftercare provision, therefore it is proposed to attach a planning condition requiring the provision of an appropriate aftercare guarantee for the development which will be subject to routine assessment by the Council’s independent mining engineer.

73. POLICY MIN 38: All opencast developers will be expected and required to assist the Council in its regular monitoring of all operative opencast sites, by providing the Council with information on the following matters:

(i) the routing and numbers of coal haulage vehicles generated by the opencast site

concerned;

As no coal is being removed from this section of the site, no information is required.

(ii) the levels of noise generated by opencast operations from agreed, sensitive locations

outwith the opencast site;

A planning condition addressing this matter can be attached to any grant of planning

Consent.

(iii) the vibration levels attributable to blasting operations from agreed, sensitive locations

outwith the opencast site; and

While basting operations are not anticipated in the remaining operations a planning

condition addressing this matter can be attached to any grant of planning Consent.

(iv) the dust levels generated by site operations from agreed sensitive locations outwith the

opencast site.

A planning condition addressing this matter can be attached to any grant of planning

Consent.

74. POLICY MIN 40: During the period of operations, restoration and aftercare, the opencast operators will be required, at the expiry of one year from the commencement of the development and thereafter at 12 monthly intervals, to present to the Council an Environmental Audit addressing the following matters:

(i) the effects of the development on the environment including noise, vibration, dust and

water impacts; and

(ii) the measures taken to implement the operational, restoration and aftercare provisions of

the consent insofar as they affect the environment.

(iii) the effectiveness of mitigation measures promoted in Environmental Impact

Assessments to reduce adverse environmental impacts. The Environmental Audit will

assess the degree of compliance with all environmental conditions and obligations

relating to the issued consents, including all Section 75 Agreements and detail any

remedial measures which require to be taken to rectify any identified shortfalls or

deficiencies in meeting agreed environmental criteria.

A planning condition addressing this matter can be attached to any grant of planning

Consent.

ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 75. The principal material considerations relevant to the determination of this application are

Scottish Planning Policy (SPP), reports to the Council 24 May 2013 and 19 September 2013 (Steps to Recovery), reports to the Planning Committee 29 November 2013 and 12 December 2013, the review by the Planning Authority’s appointed Compliance Assessor of the applications the impact on the amenity of the area, the planning history of the Greenburn Complex, The Conservation (Natural Habitats & c.) Regulations 1994, Management of Extractive Waste Regulations, the comments of the consultees and letters of representation.

Scottish Planning Policy

76. Scottish Planning Policy is the key statement of the Scottish Government’s planning policy

position. Paragraph 45 states that “Planning Authorities should take a flexible approach to ensure that changing circumstances can be accommodated and new economic opportunities realised. Removing unnecessary planning barriers to business development and providing scope for expansion and growth is essential. The planning system should support economic development in all areas”

The importance of opencast mining is emphasised at Paragraph 239 where it indicates “Scottish coal output is likely to continue to play a significant role in ensuring diverse and sustainable supplies of energy at competitive prices. Although development can raise significant environmental issues, extraction is necessary and important in the national interest.”

Therefore it is clear, Scottish Government advice strongly encourages Planning Authorities to support economic development opportunities, in coal.

Reports to Council 24 of May 2013 and 19 September 2013 and to the Planning Committee 29 November 2013 and 12 December 2013, Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation of Financial Guarantees dated 21 May 2014

77. The Steps to Recovery Report sets out the underlying principles which the Council will take in relation to action required on the opencast sites and complexes. While this site was not subject to the liquidation events the principles established in this Report are still relevant. To that end it is considered that the proposals adhere to the guiding principles of Make Safe, Make Good, Make New.

78. The Steps to Recovery Report highlights the needs to have proper systems in place “to ensure a viable and responsible industry in the future”“. One such system was the requirement for appropriately qualified Mining Engineers to be engaged by the Planning Authority to assess mining proposals and to monitor the operational sites. To that end independent Mining engineers, Dalgleish Associates, have been appointed as Compliance Assessor have carried out an assessment of the proposals contained in this application as detailed in the consultation section above. Dalgleish Associates have also been carrying out compliance monitoring visits to the site in relation to the current operations at Dalgig and the wider Greenburn Complex.

79. The above mentioned reports to Council and Cabinet collectively set out an approach for the submission, agreement, implementation and monitoring of financial guarantees that are required in respect of the restoration and aftercare of opencast Coal developments. The principles of these reports are relevant to the determination of mineral applications.

Planning Authority’s Compliance Assessor 80. The Planning Authority’s Compliance Assessor, Dalgleish Associates Limited (DAL) have

reviewed the proposal and have indicated that the proposals are acceptable from an engineering perspective, in addition:-

81. DAL note that the upper slopes of the southern Dalgig void are to be completed with

compacted material with a low permeability to prevent hydraulic connection between the Dalgig Void and surrounding superficial deposits [and potentially the River Nith, thus addressing with SEPA and the Planning Authority’s earlier concerns]. However, the report does not confirm that low permeability materials are available on site in sufficient quantities to achieve the proposed works.

Noted, this matter will addressed as part of the compliance monitoring of the onsite

operations. 82. DAL also note that the revised documents confirm that monitoring and mitigation will be

undertaken as part of an Environmental Management Plan, the basis of which is set out within the text box on page 11 of the ES revision. However, the report does not provided detailed

monitoring and mitigation proposals as previously requested in the EAC Planning letter of 30th September 2015. Whilst SEPA are satisfied that these matters can be addressed, and therefore it would be reasonable that these are required by planning condition, if the monitoring works and potential provision of mitigation is to be the subject of an aftercare guarantee, these matters would have to be specified and agreed to allow the quantification of costs.

Noted. This matter will be considered when addressing the quantum required for the aftercare guarantee.

83. In relation to the Waste Management Plan (WMP), DAL note that due to the retention of materials within Overburden 1 (1,381,000cu.m ) and Overburden 2 ( 2,565,000cu.m ) these areas are reclassified as Waste Facilities. They consider that the WMP provides sufficient information for the Planning Authority to ensure that there are no potential contamination issues and that at restoration the mound has been designed to be safe and stable in the long term with little or no future monitoring.

84. The proposal has been considered in relation to the potential leaching of the overburden mound and the assessment of an effect of minor significance on ground water quality has been accepted by SEPA. Whilst it is not anticipated that ground water quality will be affected the required Environmental Management Plan should make provision for initial monitoring and if necessary, appropriate remediation.

85. The proposals have been subject to geotechnical assessment and is considered to be acceptable in terms of engineering/stability. On completion of the final regrading of the mounds geotechnical assessment should be undertaken to confirm the status of the landscape areas.

Noted. A condition can be attached to any grant of consent addressing this matter.

Consultation Responses

86. It is noted that the consultation responses do not object to the proposals, though SNH raise

disappointment about the Operator failing to deliver the original scheme which they had previously committed to, they note that the current proposals - with the exception of the waterbody - have elements of merit which while not providing the original habitat will enhance the biodiversity in the area. It is also noted that SEPA are now content with the proposals subject to appropriate conditions and commitment from the Operator in relation to aftercare, monitoring and mitigation, if necessary.

87. Representations: One letters of representation has been received in relation to this application.

This letter of support indicates that the scheme will be of benefit in promoting the aims of the Scottish Covenanter Memorial Association which is noted.

Impact on the Amenity of the Area

88. As indicated within the Report, this revised restoration scheme will in comparison to both the pre-development and the original restoration plan, increase the level of biodiversity within the application site, this is considered to be a positive impact. It is also noted that the proposed contours of this scheme will significantly alter, to a less natural status the upper valley of the River Nith from its pre-development status of farmland. As a result of the significance of the overburdens and the large waterbody users of the valley will be able to interpret the area as one which has been shaped by an industrial process.ie opencasting. This is a negative aspect of the proposal.

89. As is highlighted within the application, by the Scottish Covenanter Memorial Association in their comments the proposed land art and associated footpaths will act as a positive in terms of promoting tourism to the area as well as encouraging local people to interact with the countryside.

The Emerging East Ayrshire Local Development Plan (EALDP)

90. It should be noted that the emerging East Ayrshire Local Development Plan (EALDP) should

be taken into consideration with any forthcoming planning submission. At the Council meeting

on the 19th February 2015, it was agreed that the emerging Local Development Plan be treated

as a material consideration in the determination of planning applications. The Plan does not

deal with the extraction of minerals and therefore is a minimal material consideration in this

application.

Relevant Planning history

91. As detailed within the Report, the previous workings across the Greenburn site has resulted

in areas being backfilled and restored to levels higher than permitted thus resulting in a

deficit of materials available to completely fill the Dalgig Working void. While higher, these

areas have been restored to a good quality and it is not deemed appropriate to disturb those

restored areas.

92. As detailed earlier in the report, it is also noted that the Restoration Guarantee for the

Greenburn Dalgig section of the complex is limited to £2.5million under the current

permissions, and that this sum is inadequate to restore the site in its current condition.

List of Consents

00/0793/FL Greenburn incl. Construction and operation of a New Rail Link – Approved 6th August 2002. 02/0177/RM - Reserve Matter 99/06393/PP -

Construction and Operation of a single track

rail siding

Approved 10th May 2002.

03/0746/FL Vehicle Underpass Approved 10th October 2003.

04/0263/FL Amendment to Conditions 00/0793/PP Approved 25th June 2004

04/0717/FL Extension Area 8th October 2004

05/0425/FL Extension Area and road realignment Approved 13th April 2006

05/0583/FL Recover Minerals other than coal Approved 13th April 2006

07/0211/FL Extension Area – Greenburn North Approved 29th February 2008.

07/0745/FL Extension Area – Greenburn North East Approved 29th February 2008.

07/0908/FL Extension Area – Dalgig Farm Approved 19th August 2008.

13/0241/PP Greenburn 00/0793/FL- Variation of Conditions

Approved 27th June 2013

15/0003/AEA Annual Environmental Audit Approved

15/0166/PP Greenburn Surface Mine –Time Extension Approved

The Conservation (Natural Habitats & c.) Regulations 1994 93. These revisions do not have any additional impact on protected species in the locality.

Therefore it is considered that the proposals are considered appropriate in relation to the Conservation (Natural Habitats & c.) Regulations 1994

Community Plan

94. The assessment of the proposal has regard to the main themes of the Community Plan with regard to the environment and economy

FINANCIAL AND LEGAL IMPLICATIONS 95. If Committee agree to approve this planning application it is considered necessary that the

current legal agreement under Section 75 of the Planning Act would require to be amended to include this planning application.

96. In compliance with the Council’s Cabinet Report on Decommissioning, Restoration, Aftercare and Mitigation of Financial Guarantees dated 21 May 2014 any environmental development including open cast coal mine, quarry or wind turbine proposal will require to comply with the terms of this report in relation to the submission, agreement, implementation and monitoring of financial guarantees. The Planning Authority’s Compliance Monitoring Officer (Dalgleish Associates Ltd) has carried out an assessment of the value of the proposed restoration of the development against the existing financial guarantee for the development. This assessment has concluded that the total restoration costs for the proposed development would exceed the current bond value of £2.5m and therefore suitable conditions can be attached to the consent to secure an updated financial guarantee which is subject to six monthly review and reflects the current liability should members agree to approve the application.

CONCLUSIONS 97. Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that

planning applications be determined in accordance with the Development Plan unless material considerations indicate otherwise.

98. While it is considered that the proposals are generally compliant with the policies of the Development Plan there remains significant concerns regarding the inert nature of the water body and the post-industrial nature of the landscape contours. However, as indicated in the report above, there are material considerations relevant to this application namely the enhanced landscaping scheme, the previous unauthorised restoration works, the restrictive

value of the current restoration bond and the long term proposals for monitoring and mitigation of the works.

99. Therefore, on balance, that despite the concerns relating to the overburden and the waterbody due to the impact of the historic operations and the limited restoration guarantee available it is considered that the proposals are acceptable.

RECOMMENDATION

100. It is recommended that the Planning Application be approved subject to the conditions on the attached sheet and the conclusion of the S75 legal agreement.

101. It is recommended that the revised Waste Management Plan be approved.

CONTRARY DECISION NOTICE

102. Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy.

Michael Keane Head of Planning and Economic Development FV/DMCD 17 June 2016

LIST OF BACKGROUND PAPERS

1 Planning Application 15/0203/PP 2 Planning Application 07/0908/FL

Anyone wishing to inspect the above papers please contact Craig Iles 01563 553 503

Implementation Officer: David McDowall, Operations Manager, Building Standards and Development Management

Location Greenburn Surface Mine U720 Dalricket From U719 Craigman To

B741 At Littlemark New Cumnock East Ayrshire

Nature of Proposal: Planning application to amend the approved restoration scheme

for the Dalgig Farm mineral working area without complying with condition 9 of planning permission 07/0908/FL (dated 19 August 2008).

Name and Address of Applicant: Kier Infrastructure And Overseas

Trading As Kier Mining Tempsford Hall Sandy Bedfordshire SG19 2BD

Name and Address of Agent SLR Consulting Limited

Aspect House Bennerley Business Park Bennerley Road Nottingham NG6 8WR

Officer’s Ref: Craig Iles 01563 576749

Subject to [notification to the Scottish Ministers] The above Planning Permission application should be Approved Subject to Conditions:

1. The proposed restoration works shall be completed by 31st of December 2017 unless otherwise agreed in writing by the Planning Authority.

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 15/0203/PP

REASON:- To ensure that the development which is temporary in nature is completed within an acceptable timescale.

2. Within one month of the date of the decision notice and at six monthly intervals thereafter the applicant shall provide, to the Planning Authority for their approval, a written assessment, by an appropriately qualified independent expert, of the restoration and aftercare liability value for the development site.

REASON: In order to establish the value of the required Restoration Guarantee necessary to ensure that the outstanding restoration and aftercare works within the application site is completed in the event of the Planning Authority being required to carry out the works.

3. The restoration works shall be assessed on a monthly basis for compliance with the Planning permission by an appropriately qualified independent expert. Said Expert shall then submit a Compliance Report to the Planning Authority within 14 days of the visit, verifying the compliance of the ongoing works to the approved planning permission.

REASON: To ensure that the onsite operations are being carried out in accordance with the approved planning permission.

4. A) Within one month of the date of the decision notice a Restoration and Aftercare Guarantee from recognised lending institution, independent of the Company, for the development site, shall be provided to and approval by the Planning Authority. Said Restoration and Aftercare Guarantee shall match the value of the outstanding liability identified in the Written Assessment for the development site as specified in Condition 2 above.

B) The Restoration and Aftercare Guarantee provided under part (A) shall be maintained in place for the duration of the restoration works and for a period of ten years for the aftercare provision, or any other such period identified within the approved Environmental Management Plan.

REASON: To ensure that there is adequate financial securities in place to allow the Planning Authority to complete the restoration and aftercare works, for this temporary development, in the event of a significant breach of this planning permission.

5. (a) Within one month of the date of this consent an Environmental Management Plan (EMP)

shall be submitted to the Planning Authority, for written approval thereof, in consultation with SEPA. The EMP shall include information relating to :-

collection of routine site observations;

groundwater monitoring locations (description and plan);

monitoring well design;

groundwater level monitoring programme and schedule;

groundwater quality monitoring programme and schedule;

surface water monitoring locations (description and plan);

surface water level monitoring (inc. void rebound water levels) programme and schedule;

surface water quality monitoring programme and schedule;

surface / groundwater seepage monitoring programme and schedule;

locations of site settlement ponds and licensed abstraction and discharge points;

details of site CAR Licences and limits; and

reporting frequency.

identify contingency actions and mitigation measures should restoration water levels or ground or surface water quality not be as predicated.

The monitoring plan will consider requirements during the restoration and post restoration phases of development. In addition it will consider the Burnston Fields, Burnston Remainder and Dalgig void areas and specifically refer to the potential impacts identified in the recent planning applications for these areas (SLR, 2015 and Pleydell Smithyman, 2014) so that the monitoring programme can be used to assess if these impacts are occurring and the efficacy of the proposed mitigation measures proposed e.g.:

areas of site prone to pollution from suspended solids or other sources;

areas of seepage from areas of stockpiles;

upstream and downstream water quality in the River Nith; and

restoration water levels and comparison water levels in the River Nith.

(b) Thereafter the requirements set out in the EMP shall be carried out in accordance with the EMP approved under part (a), unless otherwise agreed in writing by the Planning Authority. REASON: To ensure that the development is undertaken in a manner that ensures the proposed works can be appropriately regulated in line with the Planning Permission and minimises pollution risk from the restoration activities. Hours of Operation

6. Except in the case of emergency and with the prior agreement of the Planning Authority, the hours of operation for the Greenburn development site shall be confined between 0700 on Monday through to 1200 hours Saturday inclusive (24 hours working). No works shall take place outwith these hours or on Sundays or recognised East Ayrshire Public Holidays with the exception of essential site maintenance works.

REASON – In the interest of residential amenity. Lighting

7. (A) Within one month of the date of the consent, the applicant shall submit details, for the written approval of the Planning Authority, of the means of illumination of the working areas and this illumination shall be installed in a manner which minimises any potential nuisance.

B) Thereafter the approved lighting details shall be implemented as approved for the duration of the operations. REASON:- In the interests of amenity. Noise

8. Except during the formation and removal of baffle mounds and the stripping and replacement of soils the noise limit during daytime (7:00 to 19:00hrs) shall not exceed 55db Laeq, 1h and

42dbLaeq,1h during night time (19:00 to 07:00 hours) at noise sensitive properties. During the formation and removal of baffle mounds and the stripping and replacement of soils, the noise limit shall not exceed 70dbLaeq, 1h at noise sensitive properties with such works only taking place during daylight hours.

REASON: In the Interest of residential amenity Blasting

9. Except in the case of emergency and with the prior agreement of the Planning Authority, the hours of blasting for the House of Water development site shall be confined between 10:00 and 16:00 hours Mondays through Friday and 10:00 to 12:00 Saturday. No blasting shall take place outwith these hours or on Sundays or recognised Public Holidays.

REASON:-In the interest of residential amenity. Blasting Limits

10. Blasting Operations shall be carried out in such a manner that no component of the peak particle velocity attributable to any blast, measured at any point immediately adjacent to any building outside the boundaries of the site, exceeds a vibration criterion of 6mm/second at 95% confidence level.

REASON:-In the interest of residential amenity.

11. Within two months of the completion of the restoration operations the applicant shall provide to the Planning Authority Geotechnical reports verifying the long term structural integrity of the Waste tips.

REASON: To ensure appropriate assessment has been carried out of the overburden tips, in the interests of public safety. Annual Environmental Audit

12. There shall be an Annual Environmental Audit Report submitted to the Planning Authority for approval each year. Said Annual Environmental Audit shall consider all the operational and environmental matters which have taken place on site during the previous year and to consider the programme for the ensuring year.

REASON: To assess the ongoing operations on the site and highlight any potential changes to operation in the forthcoming period.

13. (A)Within one month of the issuing of this consent, a phasing plan and programme of works shall be submitted detailing the remaining operations within the application site. (B) Following the approval of the revised phasing plan and programme in part A, the

restoration works shall be carried out in accordance with the approved phasing plan and

programme of works

REASON: to allow appropriate monitoring of the development