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Office Use Only Monitoring of Mineral and Landfill Planning Permissions

Report for visit to Blackhill Quarry, Polyphant, Launceston

on the 13th April 2011

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

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3Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

32Development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004. 1

Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

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

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

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

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

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2. Details of Site Monitoring Visit Site Name and Address: Blackhill Quarry, Polyphant, Launceston

Planning Permission:- Application and Decision No. 2004/00890/CCC [NC25.ENV(2)]

Determination of new planning conditions on existing mineral planning permissions - Approved on 17th March 2006. Pursuant Scheme to Condition 7 (Signage) – Unresolved

Pursuant Scheme to Condition 10 (Surface Water Drainage). Approved on 12/11/2007

Pursuant Scheme to Condition 8 (Hard Surfacing and Drainage of Quarry Entrance) - Approved on 01/03/2007

Pursuant Scheme to Condition 11 (Progressive Restoration Scheme) - Approved on 17/07/2007

Pursuant Scheme to Condition 9 (Water Environment Protection Scheme) – Outstanding

Legal Agreement(s): None.

Operator: Tarmac; Site Status: Mothballed site with freehold for sale;

Type of Visit: Fee based monitoring of Planning Conditions;

Date of Visit: 13th April 2011;

Time on / off Site: 10.30 hours - 12.30 hours;

Attendees: Andy Stott, Monitoring & Enforcement, Natural Resources, Planning & Regeneration:- Visiting officer and report author;

Tim Bowden, Zone Manager, Tarmac Ltd;

Weather: Dry and sunny.

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3. Compliance with Planning Conditions Application & Decision No. 2004/00890/CCC [NC25.ENV (2)] Review of Mineral Planning Permission) dated 17th March 2006.

Condition 1 - Duration

These permissions shall not be valid after 30 June 2018. Unless a further planning permission (or permissions) has been granted for a continuation of operations beyond this period, all operations and uses approved by these permissions shall be discontinued on or before this date, and 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 a post dated condition. Quarrying has been suspended and the site was mothballed from the 31st January 2010. There remains some stock of processed stone available for sale although only in quantities which would justify hiring a loading shovel. Most of the plant and equipment for the site has been removed leaving the site offices, weighbridge and elevated tanks. The most recent local liaison meeting was on the 15th June 2011 at the quarry. The operators advised the liaison group and other local residents that the freehold of the quarry was up for sale.

Condition 2 – Extent of permissions

These conditions relate to the site shown edged red on Drawing No. B200/11. Note following visit The area involved in quarrying is confined within the area on the drawing above.

Condition 3 - Development in Accordance with the Approved Plans

Unless otherwise agreed in writing with the Mineral Planning Authority (MPA), or required by the conditions attached to this Decision Notice, the development shall be carried out in strict accordance with the following drawings: B200/13, B200/14, B200/15, B200/16 and B200/17 and section 6.6 of Part 2 `Application Statement¿ dated March 2004 submitted by the operators to the MPA. Notes following visit Prior to mothballing quarrying had only just ventured into the phase 2 area around the south side. Backfilling has occurred across the bed of phase 1 and also within the southern portion of phase 2. There remains is a significant amount of stock located on the higher level at the western end of the site.


There shall be no stone extraction except from within the area outlined in red on Drawing No. B200/19.

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Note following visit The extraction of stone has been confined to within the approved area.


There shall be no importation of waste materials to the site unless further planning permission has been granted. Note following visit There was no evidence during the visit that waste materials had been brought in and tipped within the site.

Condition 6 - Matters to be agreed in writing with the MPA

Within three months of the date of determination of new conditions, the operators shall have submitted to and had approved in writing by the MPA a scheme detailing the method of traffic control for all lorries and users of the public weighbridge leaving the site. The submitted scheme shall specify appropriate signage within the site to direct drivers of lorries and users of the public weighbridge leaving the site to: a) Turn right onto the County Road at the quarry access point (except for local deliveries of stone), and b) Turn left at the junction of the County road and the A30 Trunk Road, and c) To use the Kennard’s House junction to access the westbound carriageway of the A30. The scheme shall be implemented and completed within one month of the date of approval of the scheme.

Note following visit The scheme was submitted and approved by letter dated 12.11.07. The scheme was then satisfactorily implemented via the installation of the required signs.


Within three months of the date of determination of new conditions, the operators shall have submitted to and had approved in writing by the MPA a scheme detailing the following provisions: a) Vehicle Activated Signs (VAS) to be installed on the eastbound carriageway of the A30 Trunk Road; b) An advisory sign to be located within the highway verge on the left hand side of the County Road between the quarry and the junction of the A30 Trunk Road, to advise: All quarry lorries and users of the public weighbridge to turn left. The operator shall implement the approved scheme by a legal agreement under s278 of the Highways Act 1980, and the scheme shall be implemented and completed within six months of the date of determination of new conditions, or such longer period as may be agreed in writing with the MPA. Notes following visit The MPA wrote to the Highways Agency (HA) on the 4th May 2010 regarding alternative warning

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signage to reflect that the quarry had wound down to the point where less elaborate and expensive warning signs were agreed as proportionate to the prevailing circumstances. The letter requested that the H A advise the Council on the procedural mechanism for adopting such an alternative, the likely cost and likely timeframe over which the signage could be provided. No response from the H A was received. With the quarry up for sale, as indicated in the note for Condition 1 above, it will be necessary to resolve this signage issue at a degree which is proportionate to the intensity of any future quarry useage. If the new owner pursues an alternative use for the site this is likely to need a new planning permission. The application assessment for this will provide a fresh opportunity to look at what signage is appropriate to the proposed use.


Within three months of the date of the determination of new conditions a scheme for hard surfacing and drainage of the quarry entrance shown on Drawing B200/11 shall have been submitted to and had approved in writing by the MPA. The approved scheme shall be implemented and completed within one month of the date of approval. Notes following visit The scheme was submitted and approved on the 1st March 2007. The scheme was since implemented in accordance with the approved drawing and is shown in the picture below.

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Within twelve months of the date of the determination of new conditions, the operators shall have submitted to and had approved in writing by the MPA a report (to be submitted on an annual basis) to show the impact of quarry workings on river flows on the adjacent Penpont Water, at a point on the River to be agreed in writing with the MPA. The report should include the following provisions: a) The flow rate of the Penpont Water, which shall be measured at two points to be agreed in writing with the MPA, both upstream of the quarry and downstream of the quarry (before the confluence with the River Inny) at monthly intervals; b) Measures to mitigate for any reduction in flow rates caused by quarry operations. The monitoring of the river and the submission of annual reports shall be carried out for the duration of operations hereby approved.

Note following visit The report was submitted and the operator has been awaiting approval of their submission from the MPA before making arrangements to gain access to land in question. See note for Condition 1 above regarding the quarry being up for sale. In the event the new owners continue quarrying operations it will be necessary to complete and close this matter.


Within six months of the date of the determination of new conditions, a scheme detailing the provision of surface water drainage from the site shall have been submitted to and had approved in writing by the MPA. The submitted scheme shall include a timetable for the construction of drainage works and shall be implemented as approved for the duration of operations hereby permitted. Notes following visit Scheme submitted and approved by letter dated 12th November 2007. This scheme has since been implemented in accordance with Drawing No B200/26. The pictures below show the catchments. These were satisfactorily free of sediment at the time of the visit. The back portion of phase one has yet to be backfilled and remains available to hold run off. The water level in at the void at the back of phase one is still around 2 metres below the surrounding levels and a catch ditch is positioned across this phase to intercept any water that might overspill this void. This in turn is linked to the catchment facilities pictured below.

Pictures of the two catchment facilities.

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View into back part of phase 1 with water levels around 2 metres below surrounding levels.


Within six months of the date of the determination of new conditions, a scheme for the progressive restoration of the site shall have been submitted to and had approved in writing by the MPA. The scheme shall include details of the following: a) the phasing of progressive restoration, showing clearly the relationship of each phase to the approved working scheme; b) the final levels of the restored land; c) proposed landscaping and planting measures; d) aftercare details. The approved scheme shall be implemented as approved, unless a variation has been approved in writing by the MPA.

Notes following visit A scheme was submitted and approved by letter dated the 17th July 2007. Works that were identified to have been completed between 2006 and 2008 which included the removal of Italian Alders and Buddleia (as identified in the necessary felling order) and the further treatment of the remaining stumps has been completed along with the identified planting on the areas of outer sloping faces. Works have also included fencing improvements around the office and car parking area. See note for Condition 1 above. In the event the new owners continue quarrying operations it will be necessary to continue restoration in accordance with the scheme as approved.

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View from southern end of the quarry looking out to the A 30 and showing established screen

planting with tree tubes protecting more recent replacement planting.


The restoration of each phase referred to in condition 11 shall be in accordance with a detailed restoration scheme which shall have been submitted to and approved in writing by the MPA at least 8 weeks in advance of the commencement of a particular phase of restoration. The submitted scheme shall include details of the following: a) proposed planting arrangements (including species type, size and spacing, together with a maintenance programme); b) soil handling and storage (including the replacement of soil materials on landforms); c) measures to safeguard existing vegetation within the site; d) a timetable for implementation and aftercare. All works comprised in the scheme shall be implemented and completed in accordance with the approved timetable.

Notes following visit The first identified period of aftercare had commenced and was to run for a five year period until 2013. The maintenance contractor had been and completed maintenance works at the site a week before this visit. See note for Condition 11 above regarding restoration.

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Prior to the commencement of quarry operations before each phase of working identified on Drawings B200/14, B200/15 and B200/16, the operators shall have submitted to and had approved in writing by the MPA a scheme to show the impact of quarry workings on sand lizards. Such a scheme shall specify: a) the presence or otherwise of such species and their habitat; b) measures to show the method and location of such habitat to a suitable receptor site within the quarry, to be agreed in writing with the MPA before the commencement of each phase. Notes following visit Although survey work to identify the presence or absence of sand lizards was undertaken by the quarry manager some time ago this was never submitted. It is understood that none were found. See note for Condition 1 above. In the event quarrying continues under the current existing planning permission it will be necessary to resolve this outstanding matter. Until the condition is complied with or the planning permission is superceded by a new consent for an alternative use this condition remains in breach.

Condition 14 – Permitted development rights

Notwithstanding the provisions of Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any Order amending, replacing or enacting that Order, no plant or machinery, buildings, structures and erections or private ways shall be erected, installed or replaced at the site at a level higher than the 135m Above Ordnance Datum without the prior approval in writing of the MPA. Notes following visit Stockpiles on the southern higher elevation have flattened tops to ensure compliance with this condition. There is nowhere else within the quarry where the heights are approaching the height limitation.

Condition 15 - Dust

The operator shall adopt measures as necessary to suppress dust and shall implement best practicable means to prevent its escape from the site and access track. Note following visit With the site mothballed there have been no vehicular, or other movements within the quarry to disturb surfaces. Following earlier periods of rainfall these have now acquired a crust which is suppressing the risk of fugitive dust.

Condition 16 - Sheeting

All loaded lorries leaving the site except those carrying single sized stone over 75mm shall be sheeted or have their loads otherwise enclosed before leaving the site. Note following visit With the site mothballed there has been no lorry traffic since March 2010 when the last consignment of aggregate was sold.

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Condition 17 – Mineral stockpiles

Unless otherwise agreed in writing with the MPA, all stockpiles of stone maintained within the quarry site shall not exceed a level of 145m Above Ordnance Datum. Note following visit There are stockpiles of stone located at the south western end of the site but none of these were above the 145m datum at the time of the visit. Most of this, around 90% is single sized. However, there is some Type 1 and some crusher run.

Condition 18 – Access and highway matters

The sole access to the site and for vehicles involved in the development hereby permitted shall be the proposed access shown on Drawing No. B200/11 which shall be maintained free of pot holes for the duration of the development. Note following visit The only access to this site is that which is shown on Drawing No. B200/11. At the time of the visit this was in a good state of repair and likely to remain so with the quarry mothballed.

Condition 19 - Access and highway matters

Best practicable means shall be employed at all times to ensure that vehicles leaving the site and entering the public highway are in a condition such as not to emit dust or deposit mud, slurry or other debris. Note following visit With the quarry mothballed this safeguard has limited application at the present time.

Condition 20 – Amenity Protection (General)

All practicable means shall be employed by the operators for the suppression of dust or fumes, smoke, smell, noise or vibration from the site during the Initial Review period. The provisions of this condition include the installation and maintenance of effective silencers on all plant and machinery, and the installation of acoustic screening where / when appropriate. These shall be maintained in accordance with the manufacturer’s specification at all times. Note following visit With the quarry mothballed this safeguard has limited application at the present time.

Condition 21 – Working Hours

Except for routine plant maintenance, water pumping and emergency procedures, no operations authorised or required under these permissions shall be carried out at the site except between the

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following hours:- between 0700 and 1900 hours (Monday to Fridays); between 0700 and 1300 hours on Saturdays. There shall be no working on Sundays, Bank Holidays or Public Holidays unless otherwise agreed in writing with the MPA.

Note following visit With the quarry mothballed at the present time there are no operations underway to apply these limitations to.

Condition 22 – Noise

Unless otherwise agreed in writing with the MPA, noise levels arising from all approved operations shall not exceed 50 dB LAeq (1 hour) as measured freefield at any inhabited residential dwelling. Note following visit With the quarry mothballed at the present time there are no operations underway to apply this limitation to.

Condition 23 - Noise

Prior to the commencement of topsoil stripping in connection with landscaping works, the operators shall give prior written notification to the MPA confirming the proposed start date, duration of works and details of work to be undertaken. For such operations, the equivalent continuous noise level measured freefield at the nearest occupied dwelling shall not exceed a level of 65 decibels, Equivalent Noise Level LAeq (1 hour) freefield at any individual noise sensitive property. Such operations shall be limited to a total of eight weeks in any one calendar year.

Note following visit No top soil stripping is in prospect.


Where the MPA notifies the operator of a noise complaint or complaints which are attributable to operations within the site, the operator shall be required to undertake self monitoring of noise levels and operations to demonstrate compliance with this condition, in accordance with a scheme to be approved in writing by the MPA. Note following visit With the site mothballed it is not creating any noise which might lead to complaint.


Within 6 months of the date of determination of new conditions or such other time as may be agreed in writing with the MPA, the use of single pitched reversing bleepers on mobile site based plant and vehicles within the site shall cease.

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Note following visit With the site mothballed there was no plant on the site which would be subject to this requirement.

Condition 26 - Blasting

Ground vibration from blasting operations shall not exceed a peak particle velocity of 8.5mm/second at or near the foundations of any residential building or other vibration sensitive building in the vicinity of the site (the measurement to be the maximum of three mutually perpendicular directions taken at the ground surface). In the event of a complaint or complaints being received by the MPA about vibration, attributable to blasting operations within the site, the operator shall monitor blasting operations in accordance with a scheme to be approved in writing with the MPA. Note following visit The last blast occurred on the 14th October 2009. With the site mothballed no further blasting is in prospect at the current time.

Condition 27 - Blasting

No blasting shall be carried out other than between 1000 and 1600 hours on Mondays to Fridays and between 1000 and 1300 on Saturdays. There shall be no secondary blasting or the use of non explosive gas breaking techniques. Note following visit See the note for Condition 26 above.

Condition 28 - Lighting

All lights and floodlights shall be screened so as to minimise lightspill to any occupied dwelling and the countryside in the vicinity of the site. Note following visit With the site mothballed there are no lights operating and the electricity supply is turned off except when the site is visited.

Condition 29 – Soil Handling

In advance of operations in any approved working area, all available topsoil and subsoil shall be separately stripped whilst ground conditions are dry and 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. Note following visit Available topsoil was deployed to cloak the perimeter bunding many years ago. There is now no undisturbed ground from which topsoil could be sourced.

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Condition 30 - Stockpiling

There shall be no stockpiling of any material either for sale or waste rock subsoil or topsoil on any undisturbed areas of the site, or areas which have undergone restoration. Note following visit Compliant. There has been no recent change to stockpiling locations.

Condition 31 – Removal of Disused Buildings, Plant etc

All disused buildings, plant, structures and machinery ancillary to mining operations shall be removed from the site, and the land shall be reinstated so far as reasonably practicable to its condition before the development took place. Removal and site reinstatement shall take place within 24 months of any date when the relevant building, plant, structure or machinery is no longer needed for its original purpose, or by 30 June 2020, whichever is the sooner. Notes following visit The structure below, a storage facility used to keep the fine materials on site dry, which was in place during the previous fees visit on the 15th July 2010 has since been removed. Above ground this only leaves the office / weighbridge and the elevated tanks in place. At ground level or below there remains concrete surfacing and the catchment facilities. There was no mobile plant left on the site at the time of the visit.

Storage facility now removed.

Condition 32 – Control of noxious weeds.

During operation of the site and the aftercare period, noxious weeds, in particular Ragwort and Japanese Knotweed shall not be allowed to colonise the site. Recognised control measures shall

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be implemented as soon as practicable following initial infestation and shall continue until clearance is achieved. Note following visit Compliant. No noxious weeds were seen on site during the visit. This reflects the efficient roll out of the maintenance contract that Tarmac has to replace any dead trees and pull any noxious weeds.

Condition 33 – Restoration and aftercare.

Until such time as they are directly effected by mining operations, all existing trees, shrubs and hedgerows (within the control of the operator) shall be retained, managed and protected from mining operations during the period of development. Notes following visit All existing trees, shrubs and hedgerows (within the control of the operator) have been protected from mining operations, when these were underway, in accordance with this condition. The current working area is fenced off from the surrounding planting at this site.

Condition 34 - Restoration and aftercare.

Any vegetation shall be planted in accordance with approved landscaping scheme at the earliest practicable opportunity. All shrubs and trees shall be maintained free of weed growth within 0.5 metres of the base and any such plants which dies within 5 years of planting, or which become seriously damaged or diseased shall be replaced in the next planting season. Notes following visit The maintenance of the planting is covered by the initial 5 year maintenance programme as identified by the scheme submitted in respect to Condition 12 of this permission. As indicated in the notes for Condition 12 above the maintenance contractor had been and completed maintenance works at the site a week before this visit.

Condition 35 - Restoration and aftercare.

In the event of the cessation of winning and working operations prior to the completion of the approved restoration scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, and a programme of implementation, shall be submitted in writing for the approval of the MPA within six months of the cessation of the winning and working. The approved revised scheme shall be fully implemented in accordance with the approved programme of implementation. Notes following visit The question of cessation could become one for the MPA to consider in the context of this condition. However, a significant tonnage of stock remains in the quarry and these will be sold or transferred to another site at some point. Furthermore, as the quarry is up for sale it is expected that there may be a decision on the future of the quarry by September 2011. In these circumstances it is not the Council’s intention to take the view that there has been a permanent cessation at this particular point in time. However, it reserves the right to adopt an opinion that there has been a permanent cessation at some point after September 2011 if this is expedient.

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4. Legal Agreements The s278 agreement referred to in Condition 7 has not been progressed with the MPA. 5. Noise Monitoring Results None 6. Blast Monitoring Results None 7. Dust Monitoring Results None

8. Issues to be addressed

Issues to be addressed by MPA Designated Officer Details None at the present time

Issues to be addressed by Operator None at the present time

9. Summary The quarry is located close to the western side of the A30 trunk road from which it is accessed. The village of Polyphant is nearby to the north west. There are no neighbouring properties in close proximity to the site. The operator’s, Tarmac, have mothballed the quarry, although a significant tonnage of processed aggregate remains stockpiled within the site and at some point these will either be sold or transferred to another location. In the meantime the quarry operators are inviting offers by the 29th July 2011 to purchase the freehold of the quarry. It therefore not clear at this point to what use the future owner of the quarry will put the site. The local liaison group still sits at set intervals, although the one scheduled for the 13th April 1011 was abandoned as no local residents were available to attend. A further one took place on the 15th June at the quarry. The operators took the opportunity to advise the local community that the quarry was formally up for sale.

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