| Conditions or Reasons: | 1)
Definition of Permission
Planning permission shall extend to the area edged red on Plan no. 8160/15 and, except as may be modified by the following conditions, development shall be carried out in accordance with the Planning Ref: BC/CM/2008/21 dated 29th July 2008 and accompanying supporting information and documents, amended by Planning Ref: CB/13/012787/MW dated 8th August 2013 and accompanying supporting information and documents, as amended by:
a) Planning Ref: CB/18/01254/MW for variation of conditions dated 3rd April 2018 and the accompanying details set out in the Planning Supporting Statement prepared by Heaton Planning dated February 2018; Landscape and Visual Impact Assessment prepared by SLR (Ref: 403.01531.00003 Version No. Final) dated Jan 2018; Noise Impact Assessment prepared by Advance Environmental dated 25 January 2018; Email from Heaton Planning dated 11 May 2018 enclosing details of Grovebury Soil Bund Management; Drawings Nos. 9800/4 (Location Plan); 8160-18 (Site Plan); GQ-RP-1 (Working Programme); GQ-RP-2 (Phase 6 Working); GQ-RP-3 (Phase 7 Working); and as further amended by
b) Planning Ref: CB/21/03929/MW for variation of conditions dated 25th August 2021 and the accompanying details set out in the Planning Statement prepared by Aggregate Industries dated July 2021; Drawing Nos. 9800/4 (Location Plan), 8160-18 (Site Plan), GQ-RP-3 (Phase 7 Working); GQ-RP-9 Rev C (Revised Restoration Scheme); Water Management Review Technical Note prepared by BCL Hydro dated 5th May 2021; Aftercare Management Plan prepared by Aggregate Industries dated September 2018; and the following conditions.
Reason: To define the permission and for the avoidance of doubt. |
2)
Time Limits
The excavation of sand hereby permitted shall cease no later than 31st July 2026 and restoration shall be completed within 12 months of cessation, in accordance with the conditions of this permission. If working of mineral ceases for a period in excess of 9 months before 31st July 2026, restoration shall be carried out on excavated and disturbed areas forthwith and be completed within 12 months of the date of cessation which shall be agreed, or such other timescale as may be agreed, in writing with the Mineral Planning Authority.
Reason: To ensure that all operations are completed within an acceptable timescale and to prevent the prolonged disturbance from the development on the local environment, in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
3)
Access
Vehicular access to the site shall only be by way of the existing access road to the roundabout onto the A4146 road.
Reason: In the interests of highway safety and in accordance with Saved Policy GE1 (d) of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
4)
Archaeology
The operator shall afford access to the excavations during normal working hours to any archaeologist nominated by the Mineral Planning Authority for the purpose of recording items of interest.
Reason: To enable the recording of hitherto hidden archaeological features before destruction in accordance with Saved Policy GE14 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
5)
Working Programme
The site shall be worked in accordance with the sequence and direction of working shown on Drawing Nos. GQ-RP-1 to GQ-RP-3 (dated December 2017). Entry into any phase of the excavations shall not proceed without the written consent of the Mineral Planning Authority in accordance with the surveys as required by conditions 13 and 14.
Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area in accordance with Saved Policies GE18 and GE25 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
6)
Protection of Local Amenity
No mineral extraction or processing activities authorised or required by this permission shall be carried out except between the hours of:
07.00 to 18.00 hours Mondays to Fridays
07.00 to 13.00 hours Saturdays
and no operations shall be carried out on Sundays or Bank/Public Holidays.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
7)
No operations consisting of bund construction and removal, soil stripping, overburden removal, and restoration shall be carried out except between the hours of:
08.00 to 18.00 hours Mondays to Fridays
08.00 to 13.00 hours Saturdays
and no such operations shall be carried out on Sundays or Bank/Public Holidays.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
8)
Except for temporary operations, the free-field Equivalent Continuous Noise Level, LAeq 1 hour, at the noise sensitive properties nearest the extraction site, due to operations at the site, shall not exceed the relevant criterion limit specified below at each nominated dwelling. Measurements taken to verify compliance shall have regard to the effects of extraneous noise and shall be corrected for any such effects.
Location no.
Location
Site Noise Limit dB LAeq,
1 hour freefield
1
Fourwinds, Grovebury Turn
49
2
Willow Tree Cottage (formerly known as Shangri-la)
54
3
St Michael's Place
54
4
Wayside Farmhouse
55
5
Collec House
55
6
Grovebury Farm
55
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
9)
For temporary operations such as site preparation, topsoil stripping, bund construction and removal and final restoration, the free-field noise level due to the operations at the nearest point to each dwelling shall not exceed 70dB LAeq, 1 hour expressed in the same manner as for condition 8 above. Temporary operations shall not take place for more than a total of 8 weeks in any 12 month period within an area closer than 300 metres of any individual noise sensitive property as depicted on Drawing No. GQ-RP-1 (dated August 2013) received by email from Aggregate Industries on 6 August 2015. Before any such operations begin, the 300 metre radius shall be identified and works within this area shall be closely monitored. A written record of the dates when these activities are occurring shall be kept and made available to the Mineral Planning Authority on request.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
10)
No mobile plant or machinery shall be used on the site unless fitted and operated with a reversing warning system which shall minimise, as far as is reasonably practicable and subject to maintaining safety, the generation and level of noise emissions from that reversing system.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
11)
The development hereby permitted shall not be carried out except in complete accordance with the measures set out in the noise management scheme approved on 17 June 2013 under Planning Ref: CB/13/01413/MWS so as to control and monitor the environmental impact of noise from the site and accord with procedures to be adopted in the event of complaints being received.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
12)
The development hereby permitted shall not be carried out except in complete accordance with the measures set out in the dust management scheme approved on 17 June 2013 under Planning Ref. CB/13/01413/MWS so as to control and monitor the environmental impact of dust from the site and accord with procedures to be adopted in the event of complaints being received.
Reason: To safeguard local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
13)
Environmental Protection
No stripping of topsoil or hedgerow removal shall take place during the bird nesting season (April - July inclusive) unless a survey has been undertaken and a report shows that no breeding birds are present.
Reason: To ensure protection of breeding birds in accordance with Saved Policy GE13 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
14)
Before entry into each phase of working, surveys shall be undertaken to determine the presence/absence of protected species (badgers, bats and reptiles), and if found to be present, no ground disturbance or tree or hedgerow removal shall take place unless and until the appropriate licences have been obtained and mitigation measures implemented as necessary. The survey information shall be made available to the Mineral Planning Authority.
Reason: To ensure protection of rare and threatened species, to comply with European law, and in accordance with Saved Policy GE13 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
15)
No operations shall take place within 7 metres of the River Ouzel without the written consent of the Mineral Planning Authority.
Reason: To prevent water pollution in accordance with Saved Policy GE17 (c) of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
16)
There shall be no discharge of foul or contaminated drainage from the site into either the groundwater or any other surface waters, whether direct or via soakaways.
Reason: To prevent water pollution in accordance with Saved Policy GE17 (c) of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
17)
Topsoil, subsoil and overburden shall be removed and, if necessary, stored separately on the site for use in the final restoration, and where possible directly placed in the same order of sequence.
Reason: To provide for the eventual satisfactory restoration of the site in accordance with Saved Policy GE26 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
18)
Topsoil and overburden shall only be removed under dry conditions when the materials are sufficiently dry to be handled without damage to their structure.
Reason: To provide for the eventual satisfactory restoration of the site in accordance with Saved Policy GE26 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005, and to comply with the Good Practice Guide for Handling Soils in Mineral Workings (The Institute of Quarrying, 2021). |
19)
The final layers of the restored agricultural and woodland areas shall consist of not less than 1 metre settled depth of clean overburden followed by topsoil stored for use in final restoration.
Reason: To provide for the satisfactory restoration and after use of the site in accordance with Saved Policy GE26 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
20)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any subsequent amended legislation, detailed drawings of any new or replacement buildings, fixed plant or machinery to be erected or relocated shall be submitted to the Mineral Planning Authority for approval in writing and shall be erected in accordance with the approved details.
Reason: To enable the Mineral Planning Authority to exercise control over any development within the site which could be detrimental to the amenities of the area, in accordance with Saved Policies GE5 and GE9 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
21)
The quarry access road shall be maintained in a good state of repair and shall be regularly cleaned for the duration of the development to prevent debris being tracked on to the public highway. In addition, the scheme submitted under Planning Ref. CB/19/00602/MWS dated 18th October 2019 setting out:
a) measures to prevent sand and other debris from being deposited on the public highway from the wheels and bodies of HGVs leaving the site; and
b) details of a methodology to provide for the clearing of debris from the channels of the carriageway of the public highway between and including the roundabouts on the B488 and A4012 along the A4146 every 3 months for the duration of the development, including the central islands regardless of gradients and all approaches of the above roundabouts for a distance of 20m
shall be implemented in accordance with the details approved by the Minerals Planning Authority on 18th October 2019 for the duration of the development.
Reason: In the interests of amenity and highway safety and in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
22)
All vehicles transporting minerals from the site shall be securely sheeted.
Reason: In the interests of highway safety and in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
23)
All oil and chemical storage tanks, buildings and ancillary handling facilities such as pumps and valves shall be contained within an impervious bunded area of at least 110% of the tank capacity.
Reason: To prevent the possible contamination of the groundwater and to safeguard public health in accordance with Saved Policy GE17(c) of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
24)
Buildings Removal
All buildings, plant, machinery and foundations shall be removed from the site within 12 months of the date of cessation of mineral extraction and completion of restoration operations or 31st July 2027, whichever is the earlier.
Reason: To safeguard the long-term amenities of the site and area, which is located within the Green Belt in accordance with Saved Policy GE5 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
25)
Restoration and After Use
All topsoil, subsoil and overburden shall be retained within the site and used in restoration works. No materials shall be imported into the site for restoration works or processing, other than soils for blending with site sand up to a maximum of 10,000 tonnes per annum. A record of the annual importation of this material shall be maintained and submitted with the Annual Environmental Report required under condition 29 below.
Reason: To protect local amenity in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
26)
Mineral extraction operations hereby permitted shall cease unless within twelve months of the date of this planning permission an updated site restoration scheme has been submitted to, and approved in writing by, the Mineral Planning Authority. The updated site restoration scheme shall include amendments to submitted Drawing No. GQ-RP-9 - Rev C entitled 'Revised Restoration Scheme' dated November 2021 (as based on Drawing No. GQ-RP-9 - Rev B approved under Planning Ref CB/18/01254/MW) in order to:
i) remove references to the areas of 'informal public open space' depicted in the north-eastern sector of the site to reflect that area's existing and long term use for grazing;
ii) identify the location for the provision of fishing pegs (including provision for those with disability); vehicular access arrangements; paths and seating;
iii) illustrate the typical finished slope profiles of the lake edges particularly in relation to the Yacht Clubhouse; boat storage; slipways; moorings; Fisherman's Lodge; fishing pegs; areas of beach and reedbed planting;
iv) adjust the planting blocks situated adjacent to the lake's southern edge to create some vistas;
v) provide for those areas identified to accommodate a Yacht Clubhouse, Fisherman's Lodge and associated car parking areas to be grassed in accordance with the approved seed mix as an interim restoration measure pending the delivery of those facilities; and
vi) landscaping, planting and seeding details and revised timescales to update the Planning Supporting Statement prepared by Heaton Planning (February 2018) and Drawing No. GQ-RP-9 - Rev C in order to the reflect the above revisions.
The landscaping, planting and seeding of the site shall be thereafter be implemented in accordance with the details and timescales contained within the updated site restoration scheme as may be approved.
Reason: To ensure a high quality restoration within a reasonable timescale in accordance with Saved Policy GE26 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
27)
Aftercare shall be carried out for a period of 5 years from final restoration in accordance with the details contained in the Aftercare Management Plan approved under Planning Ref. CB/18/03869/MWS dated 21st December 2018 subject to any revisions previously approved in writing by the Mineral Planning Authority to reflect the updates to the site restoration details required under Condition 26.
Reason: To ensure a high quality restoration of the site and to accord with Saved Policy GE27 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
28)
With the exception of any craft needed for safety purposes, no motorised craft shall be used for leisure/recreational purposes on the lake.
Reason: To restrict development not authorised and to protect the amenities of nearby properties in accordance with Saved Policy GE18 of the Bedfordshire and Luton Minerals and Waste Local Plan adopted 2005. |
29)
Monitoring
An Annual Environmental Report shall be submitted to the Mineral Planning Authority by 30 March each year for the previous calendar year beginning with the first such date following the issue of this permission. The report shall contain the following:
(a) A statement of operations over the past year, to include rate of mineral extraction, tonnage of remaining reserves, progress on restoration including public access, and noise and dust issues;
(b) Identification of any problems caused by these operations and action taken to address these;
(c) A statement of future operations and restoration progress over the next year; and
(d) Identification of any potential problems which could be caused by future operations and action taken to address these.
Reason: To enable environmental monitoring and assist the Mineral Planning Authority in the forward planning of mineral resources in accordance with Policy MSP2 of the Bedford Borough, Central Bedfordshire and Luton Borough Councils Minerals and Waste Local Plan: Strategic Sites and Policies adopted 2014. |
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