DEVELOPMENT CONTROL AND REGULATION COMMITTEE 23 June 2016

A report by the Assistant Director of Environment & Regulatory Services_____________________________________________________________________

Application No: 3/16/9007 District: Eden District Council

Parish: Lazonby Parish CouncilApplicant: Marshalls Stancliffe Stone LtdKeypoint Office VillageKeys Road, Alfreton AlfretonReceived: 29 March 2016

PROPOSAL: Section 73 application to vary conditions 2, 4 and 11 of Planning Permission 3/11/9007 to amend the timescales for the progressive restoration and to utilise additional blasting methods.

LOCATION: West Brownrigg Quarry, Plumpton, Penrith, CA11 9PF_____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission is Granted subject to the conditions in Appendix 1.

2.0 THE PROPOSAL

2.1 This application is submitted under Section 73 of the Town and Country Planning Act 1990 (as amended) and seeks to vary conditions 2, 4 and 11 of Planning Permission 3/11/9007 so as to provide further time for the undertaking of the restoration of the southern-most former quarry working area and to regularise the methods used to split and extract rock.

Interim Restoration Area – Conditions 2 & 4

2.2 The application proposes to vary conditions 2 (Approved Scheme) and 4 (Interim Restoration) in order to allow further time for the completion of the restoration of the southern “interim restoration area” from the 31 July 2016 to 31 July 2017.

2.3 The applicant reports that quarrying operations at the site have not progressed as quickly as envisaged within their 2011 planning application due to the economic downturn and resultant reduction in demand for building stone products. The applicant sets out that whilst the interim restoration work has not been completed, the levels have been raised with overburden and quarry waste to the approximate approved restoration levels. The remaining work required is to re-profile the area (in particular the eastern and southern portions in order to reduce the steepness of the slopes and integrate the landform with the surrounding area), and soil over. The operator proposes to undertake the re-profiling works prior to spring 2017, with soil from the southern soil storage mound being spread to a 150mm depth in spring 2017.

Blasting

2.4 Condition 11 requires that “No blasting shall be carried out at the site other than by use of the plug and feather method with ‘black powder’”. The applicant proposes to amend this condition to include the use of detonating cord in addition to black powder.

3.0 SITE BACKGROUND AND CONTEXT

Site Location

3.1 West Brownrigg Quarry is a small (3.5ha) building stone site located approximately a mile and a half east of the village of Plumpton on the north-eastern flank of Brownrigg Fell. The site is accessed from the B6413 which runs from the A6 at Plumpton to Lazonby. The quarry working area is reached via an unsurfaced track.

The site’s immediate surroundings

3.2 The site is surrounded by poor quality agricultural land (Grade 5) which is predominantly used for grazing. Better quality (Grades 3 & 4) agricultural land is present to the north of the B6143 and further to the west of the site. A number of small disused quarries are present on land to the east. These have naturally regenerated with bracken, gorse and some heathland present. The area around the quarry is Open Access Land, with the area to the east being particularly popular with dog walkers.

3.3 The nearest property to West Brownrigg Quarry is West Brownrigg Farm which lies approximately 400m to the west of the quarry on the western flank of Brownrigg Fell. The next nearest property is Scratchmere Scar (Farm) which lies approximately 450m north from the operational working area of the quarry. No other properties are within a 500m radius of the site.

3.4 The site is adjacent to the Wan Fell Site of Special Scientific Interest (SSSI) on its eastern and southern sides. Wan Fell is designated for its Lowland Heath. The site restoration scheme aims to create more of this habitat.

Planning History

Ref.(Area/Year/No.) Planning Permission Description3/11/9007 Section 73 Application for a time extension to quarrying

operations to 31 July 20213/96/9010 Quarrying of Building SandstonePA820 (1955) Development of existing quarry workings

Nature of Existing Operations

3.5 The site works a Permian sandstone deposit, known locally as Lazonby Red Sandstone, which is prominent in the built environment and landscape of the Penrith and Eden Valley area. The operator extracts large blocks of sandstone, which is further processed at a site at Locharbriggs near Dumfries to produce dimension stone products suitable for architectural and construction purposes, paving stone and walling stone. Approximately 50% of all stone extracted is waste and is re-used on site for restoration.

3.6 West Brownriggs Quarry is worked on a campaign basis, with extraction usually taking place over a 1-2 month period in any year. Due to a recent surge in demand for Lazonby red sandstone (in particular, the applicant’s ashlar walling and cladding products) the applicant expects to operate the site for a longer period this year. Working is from two benches and operations are currently progressing in a southerly direction.

3.7 If excavators are unable to break and lift sandstone then larger sandstone blocks at the site are split from the face by a process of drilling and blasting with low explosive black powder. Blasting with black powder involves drilling 1 or 2 holes approximately 1metre apart then a tool called a reamer is inserted into the hole to create a groove down each side of the drilled shot hole in the direction of the desired break/cut. Black powder is then placed at the bottom of the hole alongside a detonator. The hole is then sealed leaving a chamber for the explosive gasses to fill on initiation of the charge, cutting the rock in the direction of the reamer. This method of blasting is very low intensity and creates very limited noise.

Planning Compliance

3.8 This application has arisen as a result of an investigation into disturbance caused by blasting operations and a site monitoring visit. It seeks to regularise the operation of the site.

4.0 CONSULTATIONS AND REPRESENTATIONS

4.1 Eden District Council Planning: No comment.

4.2 Lazonby Parish Council: Report that when the original planning application was made twenty years ago that the Lazonby Parish Councillors at that time were concerned that the removal of top soil would be a problem as it only constitutes a thin layer in that area and that if left stored for too long “it would be eroded by the weather”. The parish council wish to see” the quarry reinstated back to how it was before the quarrying started as soon as possible, therefore adhering to the original conditions as set out in the original planning application”.

4.3 Hesket Parish Council: No comment received.

4.4 Great Salkeld Parish Council: No comment received.

4.5 Natural England: No objection.

4.6 Eden District Council Environmental Health Department: no comments received

4.7 Penrith Ramblers Group: no comments received. The application has been advertised via press notice, site notice and local and neighbouring county councillors informed.

4.8 Six templated letters objecting to the proposed use of explosives have been received from occupiers of houses and businesses in proximity to the site. The letter states that: “blasting at the West Brownrigg Quarry has become increasingly louder over recent months to the point that it is now having an impact on our businesses and everyday lives… [and] are barely able to tolerate the noise and vibration and disturbance to livestock and pets… We must also ask why Marshalls have been allowed to continue to use explosives when the relevant authorities have been made aware that this contravenes planning consents already in place.” The letter also proposes the use of such explosives at the nearby Scratchmill Scar Quarry.

5.0 PLANNING ASSESSMENT

Planning Policy Assessment Framework

5.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan for this proposal consists of the Cumbria Minerals and Waste Development Framework’s (CMWDF) Core Strategy 2009-2020 (CS) and Generic Development Control Policies 2009-2020 (GDCP) both adopted in April 2009. The key policies relevant to the determination of these planning applications are considered to be:

Policy 5 - Afteruse and Restoration Policy DC 2 - General Criteria Policy DC 10 - Biodiversity and Geodiversity Policy DC 12 - Landscape Policy DC 15 - Protection of Soil Resources Policy DC 16 - Afteruse and Restoration

5.2 A consultation on the soundness of the emerging Cumbria Minerals and Waste Local Plan 2015-2030 is currently live. The consultation period closes at 5pm on

Monday 4 July 2016, with submission to the Secretary of State for Inspection currently programmed for late summer 2016. As the new emerging plan is currently some way from being adopted it can only be attributed limited weight in the decision making process. It is noted that its proposed approach to building stone and progressive restoration of quarries does not diverge from that set out in the CMWDF. Proposed Policy DC4 explicitly addresses Quarry Blasting. This draft policy states that:

Applications for new minerals development, and for the expansion of existing operations, will only be permitted where the applicant can provide evidence that the proposed development will not have a demonstrable impact on amenity, human health, and the natural and historic environment, due to blast related ground vibration. Ground vibration attributable to quarry blasting shall not exceed peak particle velocities of 6mm/second in any direction at sensitive properties. The operator shall develop a regression line model which will be used to inform blast design. Records of the detailed design of each blast shall be maintained and made available to the mineral planning authority within two weeks of written request. Records of the detailed design of each blast shall be maintained at the site for a period of at least three months and be made available to the mineral planning authority on request.

5.3 The National Planning Policy Framework [NPPF] (published on 27 March 2012) and the national online Planning Practice Guidance (PPG) suite, which was launched in March 2014, are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF are considered to be relevant to the determination of this application:

Paragraphs 6-10 - Achieving sustainable development Section 11 - Conserving and enhancing the natural environment Section 13 - Facilitating the sustainable use of minerals

Paragraphs 186-187 - Decision Taking

5.4 Paragraph 144 of the NPPF dictates that planning authorities should “give great weight to the benefits of the mineral extraction, including to the economy”; ensure that any unavoidable noise emissions and/or blasting vibrations are controlled, mitigated or removed at source; and recognise the small-scale nature and impact of building stone quarries.

5.5 The following sections of the PPG are also of relevance:

Assessing environmental impacts from minerals extraction Restoration and aftercare of minerals sites

The Planning Application

5.6 In relation to applications made under Section 73 of the Town and Country Planning Act 1990 (the Act) to vary or remove planning conditions on an existing planning permission; the Act requires the local planning authority to consider only the question of the conditions subject to which planning permission should be granted. In the case of this application, the focus should solely be on the impact of the additional blasting technique and the delay to the restoration of the interim restoration area.

Blasting Operations

5.7 In 2015 it became evident the operator was using detonating cord to blast stone rather than the permitted feather and black powder specified in the planning permission. The use of such led to complaints being received. The applicant now wishes to regularise the use of detonating cord. .

5.8 An “Assessment of the Environmental Impact of Blasting” at the site undertaken by a specialist environmental consultancy has been submitted in support of the application. This assessment details and analyses the results of two monitored sample blasts at the site – one utilising black powder and one utilising detonating cord, including regression line analysis. It also provides predicted vibration levels for the nearest residential properties of Scratchmere Scar Farm and West Brownrigg Farm. The assessment concludes that blast vibration would be imperceptible but that air over pressure may be perceptible on occasions.

5.9 Detonating cord is a type of high explosive but in the quarry environment it is more commonly used as a fuse to initiate more powerful explosives. It is acknowledged that the use of detonating cord is a more intense method than the use of black powder; however, the charge weights used are very small as explosives are used by the site operator to split blocks out of the bedrock rather than to fragment the rock (which is the intention of blasting operations for aggregate producing quarries). Indeed, it would not be in the applicant’s interests to use more powerful explosive due to the adverse impact this would have on the integrity and quality of the block stone they are trying to extract. Furthermore, use of detonating cord results in fewer shots being fired (average 4 or 5 per day) than black powder (average 40 or 50).

5.10 A report produced by blasting consultants concludes that given the distance of the site from occupied properties and the charge weights of explosives employed, there is little chance that ground vibration will be perceptible. The report goes onto explain that when an shot is fired, as well as ground vibration there is a shockwave in the air (often called concussion or air over pressure). This has both audible and sub-audible frequency components. The shockwave includes a lot of low frequency sound that cannot be heard but can rattle windows and occasionally be felt. Unfortunately the effect of this is not easily predicted (unlike ground vibration) as it is significantly influenced by atmospheric conditions (wind speed and direction, temperature and humidity at various altitudes). The most effective method of controlling/reducing air overpressure is via a well-designed and executed blast (with appropriate initiation techniques) in which all explosive material is adequately confined with sufficient quality and quantity of stemming material. The submitted report recommends that the existing practice of covering the detonating cord with sand is continued as a measure to minimise overpressure effects at source. Whilst it is appreciated that the effects of air overpressure can be alarming, there is no evidence that it is harmful at the levels generated by the site.

5.11 Policy DC2 requires minerals proposals to demonstrate that noise levels, blast vibrations and air over pressure levels would be within acceptable limits. The PPG does not provide an assessment framework or limits for blast vibration. Draft Policy DC4 of the emerging Minerals and Waste Local Plan proposes to establish the maximum ground vibration attributable to quarry blasting as a peak particle velocities of 6mm per second (mm/s) in any direction at sensitive properties. Regression analysis included in the report indicates that to reach

6mm/s at the nearest property, 121.6 kilograms of detonating cord would be needed. A typical shot of 8 holes currently fires 825 grams of explosive. The explanatory text of the policy notes that 6mm/s is at the lowest end of the range of limits suggested by the now superseded Minerals Planning Guidance (MPG) Notes 9 and 14. The MPGs suggested a range between 6 to 10 mm/s at a 95% confidence level measured at sensitive property, with no individual blast to exceed 12 mm/s. Based on the results of the monitoring exercise, the submitted report predicts the vibration level from blasting operations with detonating cord at the closest properties would be 0.15mm/s. The regression line model also predicts that the vibration caused by blasting with detonator cord at the MIC used reduces to under 6mm/s at 35m from the blasting location. This would be well within the acceptable levels identified in the above past guidance and emerging policy. The effects of the proposed additional blasting techniques would therefore lead to minimal additional effects outside the site boundaries. As such the use of detonating cord is considered to comply with Policy DC2.

Delay to the Restoration of the Interim Restoration Area

5.12 The site has not been restored within the permitted period. . However, the operators’ circumstances are noted as is the uplift in demand for material from the site which has led to resources being deployed at the site for a longer period.

5.13 Policy DC16 seeks restoration works to be completed within a reasonable timescale and to be undertaken progressively as far as practicable. Allowing the variation of this condition would enable the operator to continue toward implementing the full restoration scheme on a progressive basis. The proposed timescales for undertaking the restoration of this area are considered to be reasonable and prompt. It is proposed that, should planning permission be granted, to attach a condition to require a programme of seeding/planting to be undertaken in the event that the restored area fails to regenerate naturally by July 2019 and that the restoration be subjected to a 5 year aftercare scheme.

5.14 Views of the unrestored area from outside the site are limited due to the topography of the area, generally being confined to nearby vantage points from parts of the neighbouring open access land. This area is not visible from the highway. The proposed short extension of time to complete the interim restoration area would not unduly extend any adverse visual or landscape impact. As such it is considered to comply with Policy DC12.

5.15 The opportunity has also been taken to review the conditions to the existing planning permission. This has resulted in the proposed amendment of condition 3 relating to restoration; condition 6 clarifying the nature of activities within the permitted hours of operation; and condition 12 relating to the use of white noise reversing alarms to reduce the migration of noise off site. Opportunity has also been taken to recommend additional conditions clarifying the nature of mineral to be extracted (7); maintenance of the access road (8); tracking out of material (9); entering and leaving the site in a forward direction (10); audible reversing alarms (13); restoration (17) and aftercare (18).

Human Rights

5.15 The Human Rights Act 1998 requires the County Council to take into consideration the rights of the public under the European Convention on Human Rights. Article 8 of the Convention provides that everyone has the right to respect for his private life and home save for interference which is in accordance

with the law and necessary in a democratic society in the interests of, amongst other things, public safety, the economic wellbeing of the country or the protection of the rights and freedoms of others. Article 1 of Protocol 1 provides that an individual’s peaceful enjoyment of his property shall not be interfered with save as necessary in the public interest and subject to conditions provided for by law. For any interference with these rights to be justified the interference needs to be proportionate to the aims that are sought to be realised. The County Council has a duty to consider the policies of the development plan and to protect the amenities of residents as set out in those policies.

5.16 The proposal would have a limited impact on the residential and environmental amenity of the area but it is considered that those impacts would be insufficient to interfere with the rights of the applicant and satisfactory controls could be imposed on the proposed development to protect the amenities of the most affected residents. The impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) would be minimal and proportionate to the wider social and economic interests of the community and could be satisfactorily controlled by planning conditions.

Conclusion

5.13 The proposed alterations to the conditions would have minimal additional impact outside the site and are considered to comply with local development plan policies DC2 and DC16. Blasting operations would continue to be within acceptable levels. It is considered that the proposals are in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise than in accordance with the development plan and with the planning conditions proposed, any potential harm would be mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development with modifications to the conditions. It is therefore recommended that planning permission is granted subject to the conditions set out in Appendix 1.

Angela JonesAssistant Director of Environment & Regulatory Services

Contact: Mr Edward Page, Kendal, Tel: 01539 713424; Email: edward.page@cumbria.gov.uk

Background Papers: Planning Application File Reference No. 3/16/9007

Electoral Division Identification: Penrith North ED - Ms HF Carrick

Appendix 1Ref No. 3/16/9007

Development Control and Regulation Committee - 23 June 2016

Proposed Planning Conditions

Time Limits for Operation & Final Restoration1. This permission shall be for a limited period and mineral extraction shall cease not

later than 31st July 2021. Thereafter the land shall be restored to rough grassland and lowland heathland in accordance with the Restoration and Aftercare Scheme - dated April 2011 and as shown on Figure 4 and Figure 5 by no later than 31st July 2022.

Reason: To secure the proper restoration of the site following the approved period for this temporary development, in accordance with Policy DC16 of the Cumbria Minerals and Waste Development Framework (CMWDF) Generic Development Control Policies.

Approved Documents2. The development shall be carried out in accordance with the following:

a) The Supporting Statement submitted with the planning application3/11/9007 - dated April 2011;

b) Restoration and Aftercare Scheme - dated April 2011c) Figure 3 - Indicative Scheme of Working During 2011-2021 - dated

February 2011d) Figure 4 - Restoration Proposals - dated February 2011e) Figure 5 - Sections A, B & C - dated February 2011f) The details or schemes approved in relation to conditions attached to this

permission.

A copy of this permission; including the above documents, drawings and plans shall be retained on the site and made available to view by all staff on site during the winning and working of minerals and subsequent restoration of the site.

Reason: To ensure the development is carried out to an approved appropriate standard & to avoid confusion as to what comprises the approved scheme

Interim Restoration Area3. Notwithstanding the requirements of Condition 1 of this permission, the re-profiling

and soiling of the interim restoration area shown on Figure 3 shall be completed by 31st July 2017. If by 31 July 2019 the target species are low and successful establishment is unlikely without intervention, then locally sourced heather seed shall be spread on the interim restoration area in accordance with the methodology set out in set out in the Restoration and Aftercare Scheme - dated April 2011.

Reason: To secure the completion of the interim restoration scheme within the approved timescale and in accordance with Policy DC16 of the CMWDF Generic Development Control Policies.

Ancillary Development/Structures4. Notwithstanding the provisions of The Town and Country Planning (General

Permitted Development) (England) Order 2015 (or any subsequent amendments, successor legislation, statutory instruments, or orders) planning permission shall be sought and obtained for any buildings, structures, plant or equipment on the site and /or on any ancillary land.

Reason: To maintain control over any potential visual and landscape impacts arising from additional development in this elevated location in accordance with Policies DC2, DC3 and DC12 of the CMWDF Generic Development Control Policies and prevent any intensification of activity and traffic at this site in accordance with Policies DC1 and DC3 of the CMWDF Generic Development Control Policies.

Prohibition of importation of waste5. No waste materials shall be imported to the site.

Reason: To safeguard local residential amenity in accordance with Policies DC1 and DC2 of the CMWDF Generic Developmement Control Policies.

Hours of Operation6. No operations, including the loading or transportation of minerals or operation of

quarry plant, shall take place on site outside the hours:

08.00 to 18.00 Mondays to Fridays08.00 to 13.00 Saturdays

No operations, including the loading or transportation of minerals or operation of quarry plant, shall take place on Sundays or on Bank or Public Holidays.However, this condition shall not operate so as to prevent the carrying out, outside these hours, of essential maintenance to plant and machinery used on site.

Reason: To ensure that no operations hereby permitted take place outside normal working hours which would lead to an unacceptable impact upon the amenity of local residents in accordance with Policy DC 2 of the CMWDF Generic Development Control Policies.

Operational Restrictions

7. The site shall only be used for the production of building and dimension stone.

Reason: To restrict the output of the quarry to the production of blockstone products and prevent the production of crushed rock aggregate on site and/or the removal of sand or other materials necessary to achieve the approved restoration scheme.

Maintenance of Access8. The site access bellmouth connecting onto the public highway shall be

tarmaced and maintained free of potholes for the life of the operations hereby

permitted.

Reason: In the interests of highway safety and ensuring.

Highway Condition9. Measures shall be employed to ensure that no mud, water or other material

from the site is deposited or flows onto the public highway. Any mud, dust or other materials which are deposited on the highway from the site shall be removed no later than the end of the working day.

Reason: In the interests of highway safety in accordance with Policy DC2 of the CMWDF Generic Development Control Policies.

Vehicular Access/Egress10. All vehicles entering and leaving the site shall do so in a forward gear.

Reason: In the interests of highway safety.

Control of Noise11. No use or activity under the terms of this permission shall be carried out so as to

cause there to be a noise level attributable to site operations exceeding 55dB(A) LAeq, 1h (free field) as measured at the boundary of the site. For the avoidance of doubt any measuring of the exceeding this limit shall be determined by the operator carrying out noise monitoring at the discretion, instruction and to the specification of the Mineral Planning Authority, in the event of any complaints as to noise arising from site operations being reported to the Mineral Planning Authority.

Reason: To prevent any adverse impact from noise in accordance with Policy DC2 and Policy DC3 of the CMWDF Generic Development Control Policies.

12. No vehicles, machinery or equipment shall be operated unless fitted with effective silencers that are maintained at all times in accordance with the manufacturers’ and/or suppliers’ instructions.

Reason: To minimise the potential for there to be any adverse impact from noise arising in accordance with Policy DC2 of the CMWDF Generic Development Control Policies.

13. All plant, machinery and vehicles used on site that are equipped with audible reversing alarms shall only use ‘white noise’ type systems.

Reason: To safeguard local amenity by ensuring that the noise generated is minimised and does not cause a nuisnace outside the boundaries of the site in accordance with Policy DC 2 of the CMWDF Generic Development Control Policies.

Blasting14. No blasting shall be carried out at the site other than by use of the plug and

feather method with black powder or with detonating cord.

Reason: To prevent there being any potential for any adverse impact from blasting in accordance with Policy DC2 and Policy DC3 of the Cumbria Minerals and Waste Development Framework Generic Development Control Policies

Soil Protection15. The stripping, movement and re-spreading of soils shall be restricted to

occasions when the soil is in a suitably dry and friable condition and the ground is sufficiently dry to allow passage of heavy vehicles and machinery over it without damage to the soils. Soil stripping and replacement shall only be carried out in accordance with the methods set out in Sheets 1, 2, 3, 4, 13, 14, 15, 16, 17, 18 and 19 of the MAFF (2000), Good Practice Guide for Handling Soils (version 04/00). FRCA, Cambridge.

Reason: To ensure that there is no damage to soils and soil structures in accordance with Policy DC15 of the CMWDF Generic Development Control Policies.

Retention of materials on site for use in restoration16. No soils or sand shall be removed from the site.

Reason: To ensure sufficient soils and materials are retained on site to achieve the approved restoration in accordance with Policies DC15 and DC16 of the CMWDF Generic Development Control Policies.

Restoration Works

17. Restoration shall be carried out in accordance with the following:

a) The upper layers of the site/fill material shall be subsoiled (rooted) to a depth of 600mm with a heavy-duty subsoiler (winged) prior to the replacement of top and subsoils.]

b) The overall depth of top and subsoil replaced during restoration shall be not less than 1.2 metres.

c) No layer of subsoil shall exceed 450mm thickness before it is subsoiled (rooted), and this rooting operation must penetrate at least 150mm into each underlying layer to relieve compaction at the interface. In addition treatment must be carried out to the subsoil to ensure that there is:

i) No material injurious to plant life;

ii) No rock, stone, boulder or other material capable of preventing or impeding normal agricultural land drainage operations, including mole ploughing and subsoiling;

iii) No wire rope, cable or other similar objects;

iv) A reasonably level but uncompacted surface suitable to receive topsoil.

d) Following the replacement and treatment of the subsoil, topsoil shall be placed over the site to a minimum depth of 150mm and shall be ripped, cultivated and left in a state suitable for seeding.

e) The site shall then be seeded in the first available seeding season following the completion of soiling operations with a grass seed mix, the details and sowing rates to rough grassland and lowland heathland in accordance with the Restoration and Aftercare Scheme - dated April 2011 and as shown on Figure 4 and Figure 5 of which shall first be approved in writing by the Minerals Planning Authority.

Reason: To secure the proper restoration of the site and to conform with Policy DC15 of the CMWDF Generic Development Control Policies.

Aftercare18. 4

1.

Upon certification in writing by the Minerals Planning Authority of the completion of restoration, aftercare of the site to promote the agricultural afteruse of the site shall be carried out for a period of five years in accordance with the following:

a) At yearly intervals from the date of such certification an inspection samples of the soil shall be taken and analysed to assess fertiliser, lime and other nutrients required and cultivations necessary to promote normal plant growth.

b) The results of the samples and details of proposed fertilizer applications in the following year shall be submitted to the County Planning Authority within one month of the samples being taken.

c) The land shall then be fertilised and cultivated in accordance with the requirements indicated by the inspection and analyses, the rates, timing and method of fertilisation and methods of cultivation being approved by the County Planning Authority prior to their being carried out.

d) During the first year of the aftercare period the site shall be utilised only for the taking of a grass crop, subsequent cropping or grazing being agreed by the County Planning Authority at the time of the annual inspection required by part f) of this condition.

e) In the third year of aftercare a drainage scheme/piped underground drainage scheme to control surface water run-off and prevent erosion shall be prepared and submitted to the County Planning Authority for approval in writing. The approved scheme shall be implemented and installed as soon after approval as ground conditions permit.

f) In each year of the aftercare period, a review meeting shall be held to review the restoration of the site. Such a review meeting shall involve representatives of the County Planning Authority, the developer and agent and within one month of each meeting, a schedule of aftercare works to be undertaken to the site in the following year shall be submitted to the County Planning Authority for approval in writing.

Reason: To secure the proper aftercare of the site upon cessation of mineral

working, in accordance with Policy DC 16 of the Cumbria MWDF Generic Development Control Policies.