Agenda item

The Committee considered a planning application made under Section 73 of the Town and Country Planning Act 1990 (as amended) to not comply with conditions 3, 5, 10, 11, 12, 13, 49 and 53 of planning permission: 15/000013/CM "Proposed minerals extraction of about 1.4 Million tonnes of Sand and gravel and erection of a temporary wharf with progressive restoration to make a landscaped lake" to facilitate an alternative working scheme and progressive restoration scheme to agriculture and a lake suitable for water sports at Ryall North Quarry, land off Ryall Court Lane, Holly Green, Upton-Upon-Severn, Worcestershire.

 

The report set out the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

 

The report set out the Head of Planning and Transport Planning’s comments in relation to Alternatives, Location of the development, Best and Most Versatile (BMV) agricultural land, Traffic, highway safety and public rights of way, Landscape character and visual impact, Historic environment, Residential amenity (including noise, dust, air quality, human health and contaminated land), Water environment including flooding, Ecology, biodiversity, and geodiversity, Restoration and aftercare of the site, Impact upon festival land and tourism,  Other matters - Economic Impact, Climate change and sustainability,  Cumulative impacts, Vulnerability to accidents and / or disaster, Environmental Impact Assessment team and expertise, Human Rights Act 1998, and Obligations under the Equality Act 2010.

 

The Head of Planning and Transport Planning concluded the following:

 

Alternatives

With regard to the consideration of alternatives, the PPG stated that the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 did not require an applicant to consider alternatives. However, where alternatives had been considered, Paragraph 2 of Schedule 4 required the applicant to include in their ES a description of the reasonable alternatives studied and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. The original ES considered alternatives, focussing on alternative means by which the minerals site might be worked (phasing and direction of working) and restored, and alternative wharf locations. The updated ES also considered alternatives, focussing on alternative restoration schemes, but these were rejected on the basis that they did not allow the creation of a final landform within which a FISA guidance compliant rowing course could be formed, either because the body of water would be too shallow or insufficiently wide. They also considered that in terms of the likely significant environmental impact, all the options considered by the applicant were assessed as having very similar impact footprints to that ultimately proposed. The Head of Planning and Transport Planning considered that the applicant's approach to the consideration of alternatives was acceptable in this instance.

 

Location of the development

With regard to the location of the development, the Government’s PPG stated that “minerals can only be worked (i.e., extracted) where they naturally occur, so location options for the economically viable and environmentally acceptable extraction of minerals may be limited…”.   It was considered that the location of the development had already been established in the granting of planning permission MPA Ref: 15/000013/CM, and it was noted that Policy MLP 5: ‘Extant Mineral Sites and Safeguarded Resources’ of the adopted Worcestershire Minerals Local Plan provided policy support to existing / established mineral sites and alterations them.

 

Best and Most Versatile (BMV) agricultural land

With regard to the soil resource and BMV agricultural land, the NPPF defines BMV agricultural land as Grades 1, 2 and 3a of the ALC. An ALC and Soil Resource Report was submitted as part of the original ES, which identified that the majority of the site was Grade 3a (about 51.9% of the site), which was found mainly in the west of the site, with a small area of Grade 2 (about 6.1% of the site) in the south of the site. The remainder of the site was Grade 3b, which was found mainly in the east of the site.

 

The majority of the BMV agricultural land within the site would be lost due to the balance of materials and the height of the ground water at the site, resulting in a lake landform. The original report to committee noted that Natural England had not raised an objection to the proposal on grounds of impact upon permanent pastureland or loss of BMV agricultural land, and as they stated that they had no issues with soils and soil management for the original planning application, in view of this it was considered that refusal on the grounds of loss of BMV agricultural land could not be justified.

 

Based on the advice of Natural England, the Head of Planning and Transport Planning considered that this application would not alter the original conclusions above, and subject to the imposition of the relevant extant conditions relating to the management of the soil resource; and the development being carried out in accordance with the submitted soil handling methodology, that refusal on grounds related to the loss of BMV agricultural land could not be justified.

 

Traffic, highway safety and public rights of way

The applicant had confirmed that no changes to traffic and transport matters were proposed as a result of the development. No aggregate would be sold directly from the site, with aggregate being removed from site by barge to Ryall House Farm Quarry processing plant site. Ryall Court Lane would be used for vehicular access to the site, as per the existing access arrangements. As part of the restoration scheme, new public rights of way (footpaths) would be created around the permitter of the site, compensating for the loss of the yet to be established new continuous footpath (Footpaths RP-554, RP-555, EA-561 and RP-556) approved under planning permission MPA Ref: 15/000013/CM.

 

Based on the advice of consultees including County Highways Officer, the County Footpath Officer and the Ramblers Association, the Head of Planning and Transport Planning was satisfied that the proposal would not have an unacceptable impact upon traffic, highways safety or public rights of way, subject to the imposition of the relevant extant conditions, in accordance with Policies MLP 30 and MLP 39 of the adopted Worcestershire Minerals Local Plan, and Policy SWDP 4 of the adopted South Worcestershire Development Plan.

 

Landscape character and visual impact

With regard to landscape character and visual impact, the Head of Planning and Transport Planning considered that whilst the proposal would result in a more uniform and rectangular lake, particularly along the eastern lake boundary, it did strike a balance between creating a landform that would be capable of meeting the FISA standards, whilst being more sinuous and irregular on the western boundary, which was more natural and in keeping with the landscape character of the area. Given the fallback position of a lake in this location, and due to the flat expansive landscape, with intervening vegetation, the Head of Planning and Transport Planning considered that overall, there would be restricted visual impacts as a result of the proposed development.

 

Based on the advice of the County Landscape Officer, the Head of Planning and Transport Planning considered that the proposed development would not have an unacceptable impact upon the character and appearance of the local area, including the Malvern Hills AONB National Landscape, subject to the imposition of appropriate extant conditions, including requiring the site to be restored within a set timescale, limits of extraction; phasing; limiting the height of stockpiles, no processing or treatment of sand and gravel on site; annual topographical surveys; aftercare scheme; being carried out in accordance the approved lighting scheme, updated soil handling methodology, and combined CEMP and LEMP with associated compliance monitoring; updated restoration scheme; 10 year aftercare period for all nature conservation areas; and interpretation strategy for landscape. The Head of Planning and Transport Planning considered that the proposal is in accordance with Policy MLP 33 of the adopted Worcestershire Minerals Local Plan, and Policies SWDP 23 and SWDP 25 of the adopted South Worcestershire Development Plan.

 

Historic environment

There were a number of heritage assets with the context of the application site. Due to the open and expanse flat topography of the application site and its wider environs, the position of the river and roads relative to the application site, the distance from heritage assets, and the nature of the proposed changes to the restoration scheme, the Head of Planning and Transport Planning considered the proposals would not alter the original conclusions of the report to committee, in that the proposal would not lead to any material harm to any of the identified heritage assets.

 

Based on the advice of the County and District Archaeologists, the Head of Planning and Transport Planning considered that on balance, subject to the imposition of appropriate conditions, that the impact upon the non-designated archaeological assets is not of such significance as to constitute a refusal reason in this instance. The Head of Planning and Transport Planning considered that the proposal is in accordance with Policy MLP 32 of the adopted Worcestershire Minerals Local Plan, and Policies SWDP 6 and SWDP 24 of the adopted South Worcestershire Development Plan.

 

Residential amenity (including noise, dust, air quality, human health and contaminated land)

With regard to residential amenity, based on the advice of consultees including Worcestershire Regulatory Services and County Public Health Practitioner, the Head of Planning and Transport Planning considered that, subject to the imposition of appropriate extant conditions and the development being carried out in accordance with the submitted Noise Management Plan and Dust Management Plan, there would be no adverse effect on residential amenity or human health, including noise, dust, air quality, and contaminated land impacts. The Head of Planning and Transport Planning considered that the proposal was in accordance with Policies MLP 28 and MLP 29 of the adopted Worcestershire Minerals Local Plan, and Policy SWDP 31 of the adopted South Worcestershire Development Plan.

 

Water environment including flooding

With regard to the water environment including flooding, the Flood Risk Assessment Addendum demonstrated that the maximum increase for any of the working phases was for Phase 1 and was associated with the storage of soil. However, the maximum increase was only 6 mm which was of no practical consequence. In addition, this phase had been worked out and restored. After Phase 1, the flood risk was predicted to decrease as working progresses, with a maximum decrease being experienced by the completion of the proposed quarry extension (Phase 5 of the wider scheme) of approximately 16 mm, which the Flood Risk Assessment Addendum considered was a non-significant positive effect. The restoration of the wider quarry had been assessed as resulting in a 26 mm reduction in flood levels compared to the baseline situation, which the Flood Risk Assessment considered represented a non-significant positive effect. The model showed that there was a small, though barely significant reduction in water levels at Upton-upon-Severn.

 

The Head of Planning and Transport Planning considered that the applicant had demonstrated that the proposal would remain operational and safe for users in times of flood, by demonstrating the proposal was water-compatible development and providing details of safe flood evacuation plan; the proposal would not result in a net loss of floodplain storage, providing a marginal betterment; and would not impede water flows and not increase flood risk elsewhere.

 

As was current practice, ‘as raised’ sand and gravel would be transported by barge along the River Severn to Ryall House Farm Quarry for processing. Barge movements would remain unchanged as a result of this proposal. The applicant had confirmed that the development would continue to be carried out in accordance with the approved ‘Risk Assessment & Method Statement’ for water transport by barge, of the extant planning permission MPA Ref: 15/000013/CM.

 

Based on the advice of consultees including the Environment Agency, Severn Trent Water Limited, South Worcestershire Land Drainage Partnership, the LLFA, CBOA and the Canal and River Trust, the Head of Planning and Transport Planning considered that this proposal would not change the overall original conclusions on the water environment, and was satisfied that this application would not have an unacceptable adverse effects on the water environment including flooding, subject to the imposition of the relevant extant conditions, and the development being carried out in accordance with the Flood Risk Assessment and Addendum and Pollution Prevention Plan, no discharge of foul or contaminated drainage from the site; and the development being carried out in accordance with ‘Risk Assessment & Method Statement’ for water transport by barge. The Head of Planning and Transport Planning considered that the proposed development accorded with Policies MLP 37 and MLP 38 of the adopted Worcestershire Minerals Local Plan, and Policies SWDP 28, SWDP 29, SWDP 30 and SWDP 31 of the adopted South Worcestershire Development Plan.

 

Ecology, biodiversity and geodiversity

Taking into account the views of consultees including Natural England, the Environment Agency, Worcestershire Wildlife Trust, the County Ecologist, and the Earth Heritage Trust, the Head of Planning and Transport Planning considered that this proposal would not change the overall original conclusions on ecology, biodiversity and geodiversity, and was satisfied that this application would not have an unacceptable adverse effects on ecology, biodiversity and geodiversity at the site or in the surrounding area, including European sites, and would enhance the application site’s value for biodiversity, subject to the imposition of the relevant extant conditions, and an updated restoration scheme (correcting mislabelling), 10-year aftercare scheme for all created / restored habitats (apart from the agricultural grassland), a monitoring report in relation to statement of compliance for habitat creation and the development being carried out in accordance with the submitted CEMP, LEMP, and Fish Rescue Plan. The Head of Planning and Transport Planning considered that the proposal would be in accordance with Policies MLP 31 and MLP 36 of the adopted Worcestershire Minerals Local Plan, and Policy SWDP 22 of the adopted South Worcestershire Development Plan.

 

Restoration and aftercare of the site

Policy MLP 9 of the adopted Worcestershire Minerals Local Plan sets the priorities for the delivery of multifunctional green infrastructure in the Lower Severn Strategic Corridor. It was considered that the proposal would broadly accord with Policy MLP 9 because the restoration would take place in a progressive manner with soils stripped within the phase cast back to restore previously extracted areas behind the current working face. Furthermore, whilst the site would primarily be restored to a lake (amenity), the revised restoration scheme also includes a variety of different uses, including agriculture, amenity (inclusion of public rights of way around the eastern, northern and north-western perimeter of the proposed lake), and nature conservation. The restoration scheme included a lake, ponds, reedbeds, swales, ditches, wet and dry conservation grassland, agricultural grassland, and species-rich hedgerows with trees, providing a net gain for biodiversity compared to the existing.

 

The Head of Planning and Transport Planning noted that the Environment Agency, Natural England, Worcestershire Wildlife Trust, the County Ecologist and County Landscape Officer all have no objections to the proposed restoration scheme, subject to the imposition of appropriate conditions, and that on balance, proposed restoration and aftercare was acceptable, in accordance with Policy MLP 9 of the adopted Worcestershire Minerals Plan.

 

Impacts upon festival land and tourism

Fish Meadow, which is located immediately to the south of the application site and the adjacent fields (to the south, south-east and south-west) were used as a venue and / or campsite for three annual music festivals (Sunshine Music Festival, Mello Festival and Upton Blues Festival) in Upton-upon-Severn. The current approved operations (as per the extant planning permission MPA Ref: 15/000013/CM) amounted to a loss of an area of approximately 7.1 hectares of land used for music festivals.

 

The Head of Planning noted that the music festivals have continued this year and that the amended proposal would not amend the extent of the working area, and thus would not encroach further onto the land used for festivals. In view of the above, it was considered that the proposal would not change the overall original conclusions on impacts on upon festival land and tourism and would not prejudice the future viability of festivals in this location. 

 

Conclusion

In accordance with paragraph 11 c) of the NPPF, development proposal that accorded with an up-to-date Development Plan should be approved without delay. On balance, taking into account the provisions of the Development Plan and in particular Policies MLP 1, MLP 3, MLP 5, MLP 7, MLP 9, MLP 14, MLP 15, MLP 26, MLP 28, MLP 29, MLP 30, MLP 31, MLP 32, MLP 33, MLP 34, MLP 35, MLP 36, MLP 37, MLP 38, MLP 39, MLP 40 and MLP 41 of the adopted Worcestershire Minerals Local Plan, and Policies SWDP 1, SWDP 2, SWDP 4, SWDP 5, SWDP 6, SWDP 21, SWDP 22, SWDP 23, SWDP 24, SWDP 25, SWDP 28, SWDP 29, SWDP 30, SWDP 31, SWDP 32, SWDP 39, and SWDP 40 of the adopted South Worcestershire Development Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

The representative of the Head of Planning and Transport Planning introduced the report and commented that members had visited the site and observed the final phases of the mineral extraction. Since the publication of the report, Malvern Hills District Council had submitted furthers comments which reflected their previous comments and raised no new matters.

 

In the ensuing debate, the following points were made:

 

·         Were any plans in place to stock the lake with fish? The representative of the Head of Planning and Transport Planning indicated that he was not aware of any plans to fish stock. The applicant was introducing a fish rescue strategy as recommended by the EA so that fish could be returned to the River Severn after flooding events

·         The local councillor commented that he had not received any complaints about the work undertaken by the applicant, Cemex in the local area. Cemex appeared to be a fit and proper company and had acted in a professional manner. Particulates of dust from the extraction site were on the larger scale and did not travel easily. The use of barges was a green solution to the fight against carbon emissions. Each barge trip would save 8 lorry journeys. 26 members of staff would be employed of which 12 lived locally. He was not aware of any job losses as a result of this application. There was no certainty that a future application for a water park would be approved but the landowner had given assurances that a planning application would be submitted sooner rather than later. The local rowing club had indicated that they were ready to sign a 99-year lease. Upton Town Council had indicated their support for a rowing lake. Approval of this permission would help secure Upton-upon-Severn’s future. The size of the rowing lake was particularly significant nationally. It would help to attract visitors throughout the year, helping the local economy. The local festivals would have an increased amount of land if this application was approved and would be situated in a more appealing part of the site than at present. He fully supported the application

·         The representative of the Head of Planning and Transport Planning explained that as the two applications at Ryall meshed together, members might wish to consider amending condition 11 to include additional tree planting similar to that agreed at Agenda item 5 with the wording to be  agreed in consultation with the Chairman and Vice-Chairman. The local councillor indicated that he supported the proposed amendment to condition 11 accordingly. 

 

RESOLVED that having taken the environmental information into account, planning permission be granted for the carrying-out of development pursuant to planning permission: 15/000013/CM “Proposed minerals extraction of about 1.4 million tonnes of sand and gravel and erection of a temporary wharf with progressive restoration to a landscaped lake” without complying with conditions 3, 5, 10, 11, 12, 13, 49 and 53 of that permission, to facilitate an alternative working scheme and progressive restoration scheme to agriculture and a lake suitable for water sports at Ryall North Quarry, land off Ryall Court Lane, Holly Green, Upton-upon-Severn, Worcestershire, subject to the following conditions and subject to an amendment to condition 11 in relation to additional tree planting in the restoration scheme. The wording of the condition to be determined by the Head of Planning and Transport Planning in consultation with the Chairman and Vice-Chairman:

 

Notification

1)  The operator shall provide written notification to the Mineral Planning Authority at least 7 days but no more than 14 days prior to:

 

i.          The date of commencement of mineral extraction in any phase;

ii.         The date of commencement of soil stripping in any phase;

iii.        The date of completion of mineral extraction in any phase; and

iv.        The date of completion of mineral extraction operations.

 

Approved Documents and Drawings

2)  The land to which this permission relates is that shown edged in red on approved drawing numbered: 20-04/P/RYLN/1, titled: ‘Location Plan’, dated April 2020. For the avoidance of doubt this permission does not grant Phase 5, which is outside the application site boundary.

 

3)  The development hereby permitted shall be carried out in accordance with the following documents and drawings, except where otherwise stipulated by conditions attached to this permission:

 

Documents:

•               Planning Application Statement – Ryall North Quarry, dated 10 March 2015;

•               Supplementary Supporting Statement – Ryall North Quarry – Proposed Extraction of Sand & Gravel, dated October 2015;

•               Part 2 – Supporting Statement – Ryall North Quarry, Ryall’s Court, Ryall, Upton-upon-Severn, Worcestershire, dated April 2020;

•               Flood Risk Assessment for Quarry development at Ryall Quarry North, Upton-upon-Severn, dated February 2016;

•               Flood Risk Assessment Addendum for Quarry Development at Ryall North Quarry, Upon-upon-Severn, Version 1, dated March 2019; and

•               Memorandum, titled: Ryall North – Private Water Supply Abstraction at Day House Cottage, dated 3 March 2016.

 

Drawings:

•               20-04/P/RYLN/1, titled: ‘Location Plan’, dated April 2020;

•               20-04/P/RYLN/2A, Revision A, titled: ‘Site Plan and General Arrangement’, dated October 2021;

•               14_C060_RYLN_003, titled: ‘Topographic Survey’, dated October 2014;

•               14_C060_RYLN_004_A, titled: ‘Location of Proposed Wharf’, dated December 2014;

•               14_C060_RYLN_005, titled: ‘Cross Sections’, dated October 2014;

•               14_C060_RYLN_006_B, titled: ‘Indicative Wharf Design’, dated December 2014;

•               14_C060_RYLN-009, titled: ‘Crossing Detail PROW 508(B)’, dated May 2015;

•               14_C060_RYLN_010, titled: ‘Crossing Detail PROW 505(B)’, dated May 2015;

•               180/-S253-RYN-D-101, titled: ‘Phase 1’, dated February 2019;

•               180/-S253-RYN-D-102, titled: ‘Phase 2’, dated February 2019;

•               180/-S253-RYN-D-103, tilted: ‘Phase 3’, dated February 2019;

•               180/-S253-RYN-D-104, titled: ‘Phase 4’, dated February 2019;

•               SO8542 D 3050 110805, titled: ‘Overburden Isopachytes’, received by the Mineral Planning Authority 20 March 2015;

•               SO8542 D 3051 110805, titled: ‘Minerals Isopachytes’ received by the Mineral Planning Authority 20 March 2015;

•               SO8542 D 3052 110805, titled: ‘Bedrock Surface Contours’ received by the Mineral Planning Authority 20 March 2015;

•               15-S128-RYN-D-002, titled: ‘Soil bunds’, received by the Mineral Planning Authority 14 October 2015;

•               15-S128-RYN-D-003, titled: ‘Cross Sections 1-3’, received by the Mineral Planning Authority 14 October 2015;

•               1905_C028_RYLN_005-Rev A, titled: ‘Public Rights of Way’, dated November 2021;

•               RNE - RD / T1, titled: ‘Restoration Details Proposed Water Depths’, dated April 2022;

•               RNE - RD /T2, Revision B, titled: ‘Restoration Details Habitat Areas & Existing & Proposed Enhancements’, dated April 2022;

•               RNE - RD / T3, Revision A, titled: ‘Restoration Details Proposed Fencing, Gates and Public Rights of Way’, dated April 2022;

•               RNE - RD / T4A, Revision A, titled: ‘Restoration Details Permitted Restoration Scheme Habitat Areas’, dated April 2022;

•               RNE - RD / T4B, Revision A, titled: ‘Restoration Details Proposed Restoration Scheme Habitat Areas’, dated April 2022;

•               RNE - RD / T4C, Revision B, titled: ‘Restoration Details Permitted Scheme Existing & Proposed Trees & Hedgerows’, dated April 2022;

•               RNE - RD / T4D, Revision B, titled: ‘Restoration Details Proposed Scheme Existing & Proposed Trees & Hedgerows’, dated April 2022;

•               RNE - RD / T4E, Revision A, titled: ‘Restoration Details Proposed Scheme Hedgerows & Ditches’, dated April 2022;

•               RNE - RD / T5A, Revision A, titled: ‘Restoration Details Permitted Restoration Scheme Grassland Habitat Areas’, dated April 2022;

•               RNE - RD / T5B, Revision A, titled: ‘Restoration Details Proposed Restoration Scheme Grassland Habitat Areas’, dated April 2022;

•               RNE - RD / T5C, titled: ‘Restoration Details Proposed Restoration Scheme Aftercare’, dated April 2022;

•               RN - RX / 1B, Revision M, titled: ‘Proposed Outline Restoration Scheme Proposed Application Area’, dated April 2022; and

•               RN - RX / 1C, Revision A, titled: ‘Proposed Draft Restoration Scheme Cross Section’, dated June 2021.

 

Time Limits

4)    All mineral extraction shall cease and the site shall be restored in accordance with the approved restoration scheme as required by Condition 11) of this permission, before 31st December 2026. Should extraction cease before this date the Mineral Planning Authority shall be notified in writing within 1 month of extraction ceasing.

 

Extraction Boundary

5)    No extraction of sand and gravel shall take place outside the limit of the extraction boundary of Phases 1 to 4, as shown on approved drawing numbered: 180/-S253-RYN-D-104, titled: 'Phase 4’.

 

Processing or Treatment

6)    No processing or treatment of sand and gravel shall take place on the site.

 

Waste Acceptance

7)    This permission does not allow the importation of waste material onto the site.

 

Site Compound

8)    The development hereby approved shall be carried out in accordance with approved site compound details, as shown on drawing numbered: 14_C060_RYLN_106, titled: ‘Site Compound’.

 

Working Hours

9)    Except in emergencies, all operations and uses on the site including the running of any plant or machinery and loading of barges, shall only take place between 07:30 to 18:30 hours Mondays to Fridays, inclusive, and 07:30 to 12:00 hours on Saturdays, with no operations on the site at any time on Sundays, Public or Bank Holidays. The Mineral Planning Authority shall be informed in writing within 48 hours of an emergency occurrence that would cause working outside the stipulated hours.

 

Phasing

10)  The development hereby approved (Phases 1 to 4) shall be carried out in accordance with the working programme, progressive restoration and phasing shown on approved drawings numbered: 180/-S253-RYN-D-101, titled: ‘Phase 1’; 180/-S253-RYN-D-102, titled: ‘Phase 2’; 180/-S253-RYN-D-103, titled: ‘Phase 3’; and 180/-S253-RYN-D-104, titled: ‘Phase 4’.

 

Restoration

11)  Notwithstanding the submitted details, within 3 months of the date of this permission, a detailed restoration scheme for the site, including the wharf and surge pile area, updating labelling to reflect the approved ‘Combined Construction Environmental Management Plan (CEMP) and Landscape & Ecological Management Plan (LEMP) for the Extended Ryall North Quarry, Upton-upon-Seven, Worcestershire, WR8 0PF’, version 10, dated April 2022, under Condition 15) of this permission, shall be submitted to the Mineral Planning Authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details.

 

12)  The restoration of the fields subject to 'short-term soil & overburden storage' as shown on approved drawing numbered: 180/-S253-RYN-D-101, titled: ‘Phase 1’, shall be carried out in accordance with the approved ‘Ryall North: Restoration to Agriculture and Nature Conservation Aftercare and Management Details Pursuant to Planning Condition 12’, dated 21 August 2019.

 

Aftercare

13)  Notwithstanding the submitted details, all nature conservation areas, including MG9 grassland and MG4 wet grassland shall undergo aftercare management for a 10-year period, and the areas of agricultural grassland within the application site shall undergo aftercare management for a 5-year period. Prior to any area being entered into aftercare the extent of the area and its date of entry into aftercare shall be agreed in writing with the Mineral Planning Authority.

 

14)  An aftercare scheme for each phase shall be submitted to the Mineral Planning Authority for approval in writing within 6 months of the completion of mineral extraction in the preceding phase. Such a scheme shall specify the steps which are to be taken to bring the land up to the required standard for the land uses shown on the Restoration Scheme, as required by Condition 11) of this permission. These steps shall include the following:

 

i.     Control of invasive species;

ii.    The submission of Habitat Management Plan setting out the actions that are to be undertaken to guide the initial habitat / vegetation establishment works, habitat creation and ongoing restoration including management practices such as cutting and removal of vegetation, grazing, pollarding and protection and replacement of tree and shrub plantings;

iii.   Management of soil, fertility and weeds;

iv.   Drainage;

v.    A timetable for undertaking the aftercare scheme; and

vi.   The establishment of an aftercare working group comprising of the operator, the Mineral Planning Authority and ecological specialists including a timetable for frequency of meetings. The working group shall assess and review the detailed programmes of aftercare operations and the setting out of actions for subsequent years having regard to the condition of the land, progress on its rehabilitation and necessary maintenance;

 

Thereafter, the development shall be carried out in accordance with the approved details in accordance with the approved timetable, or as amended in consultation with the Mineral Planning Authority following each annual review of performance.

 

Landscape, Ecology and Biodiversity

15)  The development hereby approved shall be carried out in accordance with the approved ‘Combined CEMP and LEMP for the Extended Ryall North Quarry, Upton-upon-Seven, Worcestershire, WR8 0PF’, version 10, dated April 2022.

 

16)  Progress against the target habitat conditions shall be monitored during the phased working and aftercare periods as described in the approved ‘Combined CEMP and LEMP for the Extended Ryall North Quarry, Upton-upon-Seven, Worcestershire, WR8 0PF’, version 10, dated April 2022, and any required remediation work shall be undertaken in the next appropriate season. Monitoring reports or compliance statements produced in years 2, 4, 6, 8 and 10 for each area by a competent ecologist (holding relevant professional body membership) shall be submitted to the Mineral Planning Authority before the end of the calendar year in which they are produced.

 

17)  The development hereby approved shall be carried out in accordance with the approved ‘Ryall North Quarry HRA’, dated September 2022.

 

18)  Within 3 months of the date of this permission, the existing submersible pump to over pump the water in the pits / settlement ponds into the drainage system on site shall either be fitted with fish screening or replaced with a fish friendly pump as set out at Section 3.4 of the approved ‘Ryall North Quarry HRA’, dated September 2022.

 

Soil Handling and Storage

19)  Soil handling and placement shall be carried out in accordance with The Institute of Quarrying publication ‘Good Practice Guide for Handling Soils in Minerals Workings’ (July 2021). 

 

20)  The development hereby approved shall be carried out in accordance with the approved ‘Appendix A: Soil Handling – Modified Loose Tipping Procedure for Soil Replacement (The Peninsula or Lateral Heap Methods)’, dated November 2008 of ‘Part 2 – Supporting Statement’, dated April 2020; and ‘Soil Depth and Handling Methodology Note in Response to Natural England – Ryall North’, dated August 2021.

 

21)  Soil stripping shall not take place until any standing crop or vegetation has been cut and removed.

 

22)  The topsoil shall be stripped to the full depth down to 250mm at its maximum depth, all subsoil shall be stripped to a depth of 950mm at its maximum, and wherever possible both topsoil and subsoil shall be directly placed as part of restoration following stripping.

 

23)  Topsoil and subsoil stripping shall only be carried out when the entire volume of soil to be stripped is in a dry and friable condition.

 

24)  All stripped topsoils and subsoils shall be permanently retained on site for subsequent use in restoration, as detailed in the application.

 

25)  For purposes of storage and placement of soils, topsoil shall only be mixed with topsoil and subsoil shall only be mixed with subsoil or other soil-making materials.

 

26)  Prior to the use of any area for the storage of subsoil or overburden that area shall first be stripped of topsoil.

 

27)  Plant or vehicles shall not cross areas of unstripped topsoil or subsoil except for the express purpose of stripping operations.

 

28)  The temporary topsoil storage bunds as shown as on approved drawing numbered: 180/-S253-RYN-D-101, titled: ‘Phase 1’, shall be constructed to a maximum height of 3 metres prior to the extraction of sand and gravel from Phase 1, and shall only be removed upon completion of sand and gravel extraction in Phase 2, as shown on approved drawing numbered: 180/-S253-RYN-D-102, titled: ‘Phase 2’.

 

29)  The storage of subsoils and overburden shall be in accordance with approved drawings numbered: 15-S128-RYN-D-002, titled: ‘Soil bunds’ and 15-S128-RYN-D-003, titled: ‘Cross Sections 1-3’ and shall not exceed a height of 5 metres.

 

30)  All soil storage mounds that remain in situ for more than 3 months or over winter shall be seeded, managed and maintained in accordance with the approved ‘Ryall North Quarry – Soil Storage Mounds – Details Pursuant to Condition 27’, received by the Mineral Planning Authority 26 July 2016.

 

31)  Only low ground pressure machines should work on relaid topsoil or subsoil to replace and level topsoil. Topsoil shall be lifted onto subsoil by equipment that is not standing on either relaid topsoil or subsoil.

 

32)  Topsoil shall be re-spread to achieve at least the minimum settled depth of 250mm. The respread topsoil shall be loosened and ripped:

 

i.     To provide loosening equivalent to a single pass at a tine spacing of 0.3 metres or closer;

ii.    To full depth of the topsoil plus 100mm; and

iii.   Any non-soil making material or rock or boulder or larger stone lying on the loosened topsoil surface and greater than 100mm in any dimension shall be removed from the site or buried at a depth not less than 2 metres below the final settled contours.

 

33)  Subsoil and any soil making materials shall be levelled to provide an even depth across the re-laid area so that the total thickness of settled subsoil conforms with the approved landform referred to in Condition 11) of this permission.

 

Access and Highway Safety

34)  Vehicular access to and from the site shall only be gained via Ryall Court Lane only, as shown on approved drawing numbered: 20-04/P/RYLN/1, titled: ‘Location Plan’.

 

35)  The use of Ryall Court Lane for the transportation of plant and machinery shall only be used between the hours of 09:00 to 15:30 hours Mondays to Fridays, inclusive.

 

36)  All sand and gravel extracted from the site shall be transported by barge only.

 

37)  Prior to the construction of haul routes, a plan showing the position of the haul routes shall be submitted to and approved in writing by the Mineral Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

38)  No mud, dust or debris shall be deposited on the public highway.

 

Public Rights of Way

39)  The development hereby approved shall be carried out and maintained in accordance with approved public rights of way crossing points, which cross Bridleways UU-508 and EA-547 / RP-505, as shown on drawings numbered: 14_C060_RYLN-009, titled: ‘Crossing Detail PROW 508(B)’; 14_C060_RYLN_004_A, titled: ‘Location of Proposed Wharf’; and 14_C060_RYLN-010, titled: ‘Crossing Details PROW 505 (B)’.

 

Lighting

40)  The development hereby approved shall be carried out and maintained in accordance with approved site lighting scheme, as shown on drawings numbered: TD 17009 Sheet 1 of 2, titled: 'Boat Loading Facility Lighting Scheme'; and TD 17009 Sheet 2 of 2, titled: 'Boat Loading Facility Lighting Scheme Section A-A'.

 

41)  Notwithstanding the provisions of Condition 40) of this permission, details of any additional lighting to be installed at the site, shall be submitted to the Mineral Planning Authority for approval in writing prior to being erected. These details shall include:

 

i.     Height of the lighting posts

ii.    Intensity of the lights

iii.   Spread of light in metres (Lux plan)

iv.   Any measure proposed to minimise the impact of the lighting or disturbance through glare;

v.    Any measures to minimise the impact of lighting upon protected species and habitats, in particular bats; and

vi.   Times when the lighting would be illuminated.

 

Thereafter, the development shall be carried out in accordance with the approved scheme.

 

Noise

42)  All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specifications at all times and shall be fitted with and use fully operational silencers. Except for maintenance purposes, no machinery shall be operated with its covers either open or removed.

 

43)  All mobile plant, machinery and vehicles (excluding delivery vehicles which are not owned or under the direct control of the operator) used on the site shall incorporate white noise reversing warning devises.

 

44)  The development hereby approved shall be carried out in accordance with approved ‘Appendix H: Noise Management Plan – Ryall North Quarry’ of ‘Part 2 – Supporting Statement’, dated April 2020.

 

45)  Notwithstanding the provisions of Condition 44) of this permission, the following measures shall be undertaken to minimise noise emissions within the site arising from all operations including vehicular movements, extraction operations, minerals, soils and overburden stockpiling and soil spreading operations:

 

i.     Internal haul routes shall be routed such that separation distances to noise sensitive properties is maximised;

ii.    All haul roads are kept clean and maintained in a good state of repair to avoid unwanted rattle and body slap from vehicles;

iii.   All mobile plant and heavy goods vehicles within the site shall move in a manner to minimise, as far as is practical and safe, noise from reverse warning systems;

iv.   The minimisation of drop heights during loading and unloading of sand and gravel;

v.    Plant that is used intermittently, shall be shut down when not in use;

vi.   Any pumps, generators and compressors shall either be electrically powered and fitted with an acoustic cover where necessary; or diesel powered pumps, generators and compressors shall be installed within acoustic enclosures.

 

Dust

46)  The development hereby approved shall be carried out in accordance with approved ‘Appendix G: Dust Management Plan’ of ‘Part 2 – Supporting Statement’, dated April 2020.

 

47)  Notwithstanding the provisions of Condition 46) of this permission, the following measures shall be undertaken to suppress dust emissions within the site arising from all operations, including vehicular movements, extraction operations, minerals, soils and overburden stockpiling and soil spreading operations:

 

i.     The provision of a water bowser and/or static/mobile spraying units, which shall be used at all times when there is a risk of dust arising from the moving and storage of soil and overburden, mineral extraction, processing and manoeuvring operations;

ii.    The sweeping of access and haul roads, where necessary;

iii.   The minimisation of drop heights during loading and unloading of sand and gravel;

iv.   All plant and vehicles shall have upward facing exhausts to ensure that emissions are directed away from the ground;

v.    There shall be a maximum speed limit of 10 mph within the site;

vi.   The cessation of operations in conditions when dust cannot be controlled.

 

Stockpiles

48)       The height of any stockpiles of sand and gravel shall not exceed 7.5 metres.

 

Water Environment

49)  The development hereby approved shall be carried out in accordance with the approved ‘Condition 43 - Flood Management Plan’, received by the Mineral Planning Authority 10 August 2016; and drawing numbered: 14_C060_RYLN_104, titled: ‘Evacuation Plan’.

 

50)  The wharf and surge pile infrastructure hereby approved shall be carried out and maintained in accordance with the approved cover letter pursuant to Condition 44 of planning permission 15/000013/CM, dated 20 June 2016, and received by the Mineral Planning Authority 21 June 2016; and drawings numbered: 16_C060_RYLN_102, titled: Trees to be Removed; and TD 16018, Rev O, titled: ‘Boat Loading Facility Section A-A’. 

 

51)  The development hereby approved shall be carried out in accordance with the approved 'Risk Assessment & Method Statement – Ryall North to Ryall Quarry’ for water transport by barge, dated 27 August 2015.

 

52)  Within 6 months of the date of this permission, a scheme that sets out how the water level within the restored lake would be managed shall be submitted to the Mineral Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details.

 

53)  The following measures shall be undertaken in order to mitigate the risk of water pollution arising during the mineral extraction operations and subsequent restoration works:

 

i.     There shall be a maximum speed limit of 10 mph within the site to reduce the likelihood and significance of any collisions;

ii.    All plant should be regularly maintained and inspected daily for leaks of fuel, lubricating oil or other contaminating liquids;

iii.   Maintenance of plant and machinery should be undertaken within the site compound approved under Condition 8) of this permission, or off-site, as appropriate, to minimise the risk of uncontrolled release of polluting liquids;

iv.   Discharge water from the dewatering of the excavation shall be pumped into a settlement lagoon to remove any suspended solids before being discharged from the site.

 

54)    Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and site glasses must be located within the bund or have separate secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels, overflow pipe outlets shall be detailed to discharge downwards into the bund.

 

55)    There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface water whether direct or via soakaways.

 

56)    The development hereby approved shall be carried out in accordance with the approved ‘Appendix E: Pollution Prevention Plan’ of ‘Part 2 – Supporting Statement’, dated April 2020.

 

Interpretation Strategy

57)    Within 6 months of the date of this permission, an interpretation strategy for cultural heritage, landscape, biodiversity and geodiversity shall be submitted to the Mineral Planning Authority for approval in writing. The Strategy shall include the content topic headings, design, size, quantity and location of any interpretation panels and the timescales for their installation. Thereafter, the development shall be carried out in accordance with the approved details.

 

Archaeology

58)    The development hereby approved shall be carried out in accordance with the approved ‘Ryall North Quarry Malvern Worcestershire – Written Scheme of Investigation for an Archaeological Strip, Map & Sample Excavation’, dated September 2016; and ‘Ryall North Quarry Malvern Worcestershire – Written Scheme of Investigation for an Archaeological Evaluation’, dated September 2016, as updated by ‘Phase 4 & 5 Ryall North Quarry Malvern Worcestershire – Written Scheme of Investigation for an Archaeological Strip, Map and Sample Excavation’, dated July 2021. 

 

59)    The medieval ridge and furrow protective fencing installed within the fields subject to 'short-term soil & overburden storage' as shown on approved drawing numbered: 180/-S253-RYN-D-101, titled: ‘Phase 1’, shall be carried out and maintained in accordance with the approved cover letter pursuant to Condition 55 of planning permission 15/000013/CM, dated 26 July 2016 and received by the Mineral Planning Authority 10 August 2016; and drawing numbered: 14_C060_RYLN_105, titled: ‘Extent of Archaeological Protection Area’.

 

Topographical Survey

60)    A topographical survey of the site shall be carried out annually and supplied to the Mineral Planning Authority. Supplementary topographical surveys shall be undertaken upon the written request of the Mineral Planning Authority and supplied to the Mineral Planning Authority within four weeks of a written request.

 

Local Liaison

61)    The liaison arrangements with the local community shall be carried out in accordance with the approved ‘CEMEX UK Operations Ltd – Ryall North, Community Liaison Group’, received by the Mineral Planning Authority 15 September 2016.

 

Cessation

62)    In the event of a cessation of winning and working of minerals prior to the achievement of the completion of the approved restoration and aftercare schemes which in the opinion of the Mineral Planning Authority constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme, to include details of reclamation and aftercare, shall be submitted to and approved in writing by the Mineral Planning Authority, within 6 months of written notice from the Mineral Planning Authority of the requirement of such a scheme. The revised scheme shall be implemented within 12 months of its approval in writing by the Mineral Planning Authority or such revised timescale as shall be determined by the Mineral Planning Authority.