Dean Quarry: Retrospective Fence Planning Application

Transcription

1 Dean Quarry: Retrospective Fence Planning Application January 2017

2 Document title Dean Quarry: Retrospective Fence Planning Application Document reference Revision number 1.0 Date 11/01/2017 Version history Revision Date Description Author(s) Reviewer(s) Approval /01/2017 Draft AL JP/GS TC /01/17 Final AL/JP/GS HT/AB TC

3 Table of Contents 1 Introduction Purpose of the document Dean Quarry The Project The Applicant and Project Team Contact References EIA process Introduction Legislative framework and Environmental Statement requirements Overview of the EIA process Screening and scoping Assessment process Cumulative effects Assumptions and limitations Habitats Regulations Assessment and Water Framework Directive Assessment References Project Description Introduction The need for the Project Fence location Option appraisal Construction Maintenance Decommissioning References Planning and policy context Introduction Project Context National Planning Policy Framework The Development Plan Page ii

4 4.5 Cornwall Local Plan Cornwall Minerals Local Plan The Cornwall Minerals Safeguarding Development Plan Document (Pre-submission Consultation) (Nov 2016) Cornwall AONB (Area of Outstanding Natural Beauty) Management Plan Conclusion References Terrestrial ecology Introduction Legislation, planning policy and guidance Assessment methodology Baseline conditions Assessment of impacts Cumulative assessment Summary of Impacts and the requirements for mitigation and monitoring Conclusions References Landscape and visual Introduction Legislation, policy and guidance Outline assessment methodology Baseline conditions Assessment of impacts Mitigation measures Residual effects Cumulative assessment Conclusion References Cultural heritage Introduction Legislation, Planning Policy and Guidance Assessment Methodology Assessment criteria Baseline Conditions Page iii

5 7.6 Setting Assessment Assessment of impacts Construction Operation Decommissioning Cumulative impacts Mitigation and monitoring Conclusion References Summary and conclusions Introduction Terrestrial Ecology Landscape and Visual Impact Assessment Cultural Heritage Conclusions Table of Photos Photo 3.1 Vertical faces and a deep water body within Dean Quarry Photo 5.1 Fencing close to the entrance with scrub behind and a track in front Photo 5.2 Fencing alongside gorse and buddleia scrub at the southern end of the coastal stretch of fencing Photo 5.3 Building B2 which is used by greater and lesser horseshoe bats as an occasional day roost. The fence can be seen at either end of the building. The fence is fixed with eyebolts at the southern (right) end while at the northern end the post is dug in close to the wall Photo 5.4 Building B3 which is used by lesser horseshoe bats. Taken before the fence was erected. The fence is fixed using eyebolts to two sides of the building at the level of the concrete platform in the top left of the photo (arrow) Photo 5.3 Fence passing through amenity grassland and bracken in December 2016, showing no signs of disturbance from construction Photo 7.2 View north-east from Scheduled Monument (A) toward Project (Figure 7.2: Position 8) Photo7.3 View north-east from west of Scheduled Monument towards Project (Figure 7.2: Position 9) Photo 7.4 View west from Scheduled Monument towards Project (Figure 7.2: Position 11) Photo 7.5 View north-east from Coverack towards Scheduled Monument (A) and Project (Figure 7.2: Position 25) Photo 7.6 View north of Project from Lowland Point (Figure 7.2: Position 6) Photo 7.7 View south of gate at entrance to Dean Quarry, from 2010 ROMP application Photo 7.8 View south-east of entrance to Dean Quarry (Figure 7.2: Position 27) Photo 7.9 View north-west towards Grade II Listed Buildings (A&B) from entrance to Dean Quarry (Figure 7.2: Position 27) Page iv

6 Photo 7.10 View south-west showing fence in area truncated by quarrying (Figure 7.2: Position 23)139 Table of Tables Table 1.1 Content of the Environmental Statement... 3 Table 1.2 Project Team... 4 Table 2.1 Requirements of Schedule 4 of the EIA Regulations... 6 Table 2.2 Scoping... 9 Table 2.3 Summary of main reasons for objection submitted to request for Scoping Opinion and SOQ response Table 3.1 Appraisal of alternative options considered Table 5.1 Consultation and comments Table 5.2 Bird species recorded during the 2016 survey Table 5.3 Recorded bird species of conservation value Table 5.4 Habitats lost and gained Table 5.5 Summary of Impacts and Mitigation Table 6.1 Summary of consultation responses for Landscape and Visual Table 6.2 Receptor Sensitivity Table 6.3 Scale of Effects on Representative Viewpoints Table 6.4 Residual Scale of Effects on Representative Viewpoints Table 6.5 Summary of potential effects on Landscape and Visual Receptors Table 7.1 Summary of potential effects on cultural heritage Page v

7 1 Introduction 1.1 Purpose of the document The Applicant, Shire Oak Quarries (SOQ) is seeking retrospective planning permission for the installation of two sections of metal chain link fencing approximately 2m high on land at Dean Quarry (the Quarry), Dean Point, St Keverne, Cornwall, TR12 6NY Section 1 of the fence is approximately 130m in length with a gate (Gate A) at the Quarry entrance. Section 2 is a further 570m length of fence at the seaward end of the Quarry with gate access for the existing jetty (Gate B), (together these form the Project ) This Environmental Statement (ES) has been prepared to present the likely environmental effects of the Project. The main text of the ES (Volume 1) reports on the Environmental Impact Assessment (EIA) of the Project. It provides a description of the Project, identification of the existing environment known at the time of writing, an assessment of the effects of the Project (as the fence has already been constructed) and environmental mitigation measures. Volume 1 is supported by figures and technical appendices, contained in Volumes 2 and 3 respectively. 1.2 Dean Quarry The quarrying of gabbro first commenced at Dean Quarry towards the end of the 19th century. Although the majority of quarried stone was initially used for road construction locally, there is some evidence that sailing vessels were also loaded with stone for coastal shipment. There was little activity at Dean Quarry between the two world wars and quarrying operations recommenced in Numerous planning permissions for quarrying at Dean Quarry have been granted since the requirement for such planning permissions was introduced by the Town and Country Planning Act The Quarry itself now covers an area of 44 hectares (ha). The portfolio of planning permissions at the quarry was subject to a Review of Mineral Planning Permissions (ROMP) review, as required by the Environment Act 1995, and a consolidating ROMP decision for quarrying at Dean Quarry was issued by the Local Planning Authority (LPA), Cornwall Council, on 13 January A time limit of 8 August 2035 has consequently been applied to all mineral activity at the Quarry Although Dean Quarry became dormant in 2008 the winning and working of minerals at the Quarry recommenced on 30 September 2016 and planning permission for quarrying at Dean Quarry remains extant. 1.3 The Project SOQ is seeking retrospective planning permission for the installation of a fence at Dean Quarry. The fencing was erected between October 2015 and February 2016

8 in order to enhance site security and to prevent trespass within the quarry (see Chapter 3) and vandalism The Project, encompassing the location of the fence and gates, including all foundation works, is located within Dean Quarry as shown on Figures 1.1, 1.2, and 1.3 with elevation plan and gate figures as Figures 1.4 and 1.5 (Volume 2). The redline Project boundary includes an access strip approximately 2m wide each side of the fence and this constitutes the Site. Structure of the Environmental Statement The ES has been prepared in three volumes as follows: i. ; ii. iii. Volume 2: Figures; and Volume 3: Appendices A Non-Technical Summary has also been prepared and is provided as a separate document. This seeks to detail the key aspects of the Project and the findings of the EIA process in non-technical language Volume 1 of the ES has been prepared in chapters to present a complete picture of the EIA and effects of the Project for individual subject areas. Each assessment chapter (chapters 5 to 7) sets the baseline conditions for each subject area. The chapter then evaluates the potential effects that may occur as a result of the Project. Cumulative effects in respect of current permissions are also considered within each of the assessment chapters. The following ES chapters, as shown in Table 1.1, have been determined from consultation with regulators (specifically the screening and scoping opinions (see Chapter 2)) and Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (the EIA Regulations). Page 2

9 Table 1.1 Content of the Environmental Statement Chapter Overview Non- Technical A Non-Technical Summary (NTS) detailing the key aspects of the Summary Project and the findings of the EIA process in non-technical Chapter 1: Introduction language. Introduction to the ES with the document structure along with information on the Applicant and Project Team. Chapter 2: EIA process Chapter 3: Project description Chapter 4: Planning and policy context Chapter 5: Terrestrial ecology Chapter 6: Landscape and visual Chapter 7: Cultural heritage Chapter 8: Summary and conclusions This Chapter provides further detail on the ES requirements and an overview of the EIA process. This Chapter provides an overview to the Project. It includes an option appraisal of the fence material and construction methodology. Overview of the planning policies, legislation and guidance relevant to the Project. This Chapter explores the baseline ecological conditions at Dean Quarry, and goes on to identify the potential impacts on Important Ecological Features as a result of the Project. This Chapter provides an assessment of the Project s impacts on the local and wider landscape, and identifies potential impacts on visual receptors. It goes on to explore mitigation measures which would reduce the visual impacts of the Project. This Chapter assesses the baseline terrestrial cultural heritage conditions within the Site and wider area. It identifies the likely impacts on cultural heritage receptors during the construction, operational and decommissioning phases of the Project. Summary and conclusion of any environmental impact with any appropriate mitigation for the construction, operational and decommissioning phases of the Project. 1.4 The Applicant and Project Team The Project was implemented by SOQ in order to ensure the safety of members of the public, notably users of the adjacent public rights of way network The specialist consultancy firms supporting this Project are listed in Table 1.2. Page 3

10 Table 1.2 Project Team Organisation Description Subject area Shire Oak Quarries Ltd. Acquired Dean Quarry in August Site owner and operator. Introduction (Chapter 1), EIA Process (Chapter2), Project Description (Chapter 3), Planning (Chapter 4), Summary and Cornwall Environmental Consultants (CEC) Redbay Design Cotswold Archaeology One of the leading specialist consultancies in the South West, established for over 23 years. A landscape consultancy based in South Devon working on a variety of landscape based projects including design and assessment primarily across the south-west of England. Established in 1989, Cotswold Archaeology is a Top Four supplier of professional heritage services in the UK. Employing over 170 professional staff providing expert, bespoke solutions for both private and public sector clients. Conclusions (Chapter 8), Terrestrial Ecology (Chapter 5) Landscape and Visual (Chapter 6) Cultural Heritage (Chapter 7) 1.5 Contact Hard copies of this ES are available from Shire Oak Quarries, subject to availability. A charge of (plus postage and packaging) will be made for paper copies to cover printing and postal costs. CD-ROM copies may be obtained from the address given below for a charge of 5 to cover administration and postage costs Electronic copies are also available on the Shire Oak Quarries website: The office and contact address for the developer is: Shire Oak Quarries Ltd Pillar and Lucy House Merchants Road The Docks Gloucester GL2 5RG Tel: planning@shireoakquarries.com Page 4

11 1.6 References Cornwall Council Review of Mineral Planning Permission at Dean Quarry. Decision NR/09/00504/ROMPS dated 13th January 2012 Statutory Instruments 2011 No1824. The Town and Country Planning (Environmental Impact Assessment) Regulations Page 5

12 2 EIA process 2.1 Introduction This Chapter outlines the key stages of the EIA process for the Project. It describes the approach used to identify the existing environmental baseline and to assess the potential effects upon the natural and built environment as a result of the principal phases of the Project (construction, operation and decommissioning). For environmental topics (e.g. landscape), specific assessment guidelines have been adopted to determine the level of significance of effects and further details are provided within the appropriate chapters of this Environmental Statement (ES). 2.2 Legislative framework and Environmental Statement requirements The EIA process has been undertaken in accordance with the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (hereafter referred to as the EIA Regulations ) The EIA Regulations implement the EIA Directive (2011/92/EU) (as amended by Directive 2014/52/EU) in the United Kingdom. The main aim of the EIA Directive is to ensure that when making a decision on a particular project, the authority giving primary consent makes the decision in the knowledge of any likely significant effects on the environment Schedule 4 of the EIA Regulations identifies the information required for inclusion in an ES appropriate to the Project. Table 2.1 below details these requirements and also presents details of where the information requirements are addressed within this ES. Table 2.1 Requirements of Schedule 4 of the EIA Regulations Schedule 4 requirements Signposting (1) A description of the Project Chapter 3 (2) An outline of the main alternatives to the Project and an Chapter 3 indication of the main reasons for the choice made (3) A description of the aspects of the environment likely to be Chapters 5 to 7 significantly affected by the Project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors. (4) A description of the likely significant effects of the Project on Chapters 5 to 7 the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the Project resulting from (a) the existence of the Project; (b) the use of natural resources; (c) the emission of pollutants, the creation of nuisances and the elimination of waste, and the description by the Applicant of the forecasting methods used to assess the effects on the environment.

13 (5) A description of the measures envisaged to prevent, reduce and offset any significant adverse effects of the Project and the regulated activity on the environment. (6) A non-technical summary of the information provided under paragraphs 1 to 5 above. (7) Any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling the required information. Chapters 5 to 7 summarised in Chapter 8 Non-Technical Summary (NTS) provided as a separate document Chapters 5 to EIA draws together an assessment of a Project s likely significant environmental effects, and ensures that the importance of the predicted effects, and the scope for reducing them, are properly understood by the public and the relevant authority before it makes its decision to give consent for that Project The Planning Practice Guidance on EIA (2015) produced under the National Planning Policy Framework (Department for Communities and Local Government, 2012) sets out five broad stages to the procedure: i. screening: determining whether a proposed project falls within the remit of the Regulations, whether it is likely to have a significant effect on the environment and therefore requires an assessment; ii. scoping: determining the extent of issues to be considered in the assessment and reported in the Environmental Statement. The applicant can ask the local planning authority for their opinion on what information needs to be included (which is called a scoping opinion ); iii. preparing an Environmental Statement: where it is decided that an assessment is required, the applicant must compile the information reasonably required to assess the likely significant environmental effects of the Project. To help the applicant, public authorities must make available any relevant environmental information in their possession. The information finally compiled by the applicant is known as an Environmental Statement; iv. making a planning application and consultation: the Environmental Statement (and the application for Project to which it relates) must be publicised. The statutory Consultation Bodies and the public must be given an opportunity to give their views about the proposed Project and the Environmental Statement; and v. decision making: the Environmental Statement, together with any other information which is relevant to the decision, comments and representations made on it, must be taken into account by the local planning authority and/or Page 7

14 the Secretary of State in deciding whether or not to give consent for the Project. The public must be informed of the decision and the main reasons for it This guidance states that only a small proportion of Projects require an EIA. However, if significant effects on the environment are likely as a result of the project an EIA is required. An EIA is a systematic examination of the likely environmental consequences of a proposed project. The results of the assessment are assembled in the ES, which provides decision makers with a balanced assessment of the environmental implications of the proposed action and the alternatives examined. 2.3 Overview of the EIA process The objective of the EIA for the Project is to: i. collate data on the baseline environment and to identify environmental constraints and opportunities associated with the Project ii. identify and assess the potential effects that may result from the Project during the construction, operation and decommissioning phases: the direct effects arising from the Project and also the indirect impacts, cumulative effects, short, medium and long term impacts, those that are both permanent and temporary and those impacts that are beneficial or adverse in nature; and iii. identify measures and/or design criteria that will be implemented to mitigate, where possible, any likely significant effects on any environmental receptors resulting from the Project. 2.4 Screening and scoping Under Part 2 Section 5 and Part 4 Section 13(1) of the EIA Regulations, SOQ submitted a request for a Screening and Scoping Opinion to the LPA on the 11 August At the same time, a request for a Screening and Scoping Direction was sent to the Secretary of State for Communities and Local Government The LPA s screening response, dated 12 September 2016, concluded that the Project proposed is considered to be EIA Project within the meaning of the EIA Regulations (see Appendix 2.1 Volume 3) The LPA issued their Scoping Opinion on 28 October No response has been received to date from the Secretary of State. In the Scoping Opinion, the LPA set out the environmental issues that should be included in an ES and stated that full regard should be given to Schedule 4 Parts 1 and 2 of the EIA Regulations (see Appendix 2.2 Volume 3). Page 8

15 2.4.4 The three topic areas that the LPA stated were likely to be significantly affected by the Project were: terrestrial ecology, landscape and visual and cultural heritage and archaeology SOQ considered a wider range of environmental topics within the scope of the EIA Regulations that could potentially have been affected by the Project. The reasons for scoping out topics for further assessment are set out in Table 2.2 below. Table 2.2 Scoping Topic Area Noise Vibration and Air Quality and Dust Hydrology and Hydrogeology Transport Access Socioeconomics and Reason for scoping out of further assessment Negligible impacts from increased noise and vibration on any receptors as a result of the installation of the fence. No impacts during the lifetime of the fence. No request from the LPA s Environmental Health Officer to consider impacts of noise and vibration from the Project. Negligible impacts due to increased dust emissions or pollution as a result of the construction of the fence. No impacts during the lifetime of the fence. No request from the LPA s Environmental Health Officer to consider impacts on air quality and dust from the Project. No impacts on hydrology or hydrogeology of the local area as a result of the construction or the operation of the fence. No request from the Environment Agency to consider impacts on hydrology or hydrogeology from the Project. No impacts as a result of increased traffic during the construction or operation of the fence. No effects on access as a result of the installation or presence of the fence. Visual impacts of the fence on users of the Public Rights of Way (PRoW) are dealt with in the Landscape and Visual chapter of the ES (Chapter 6). The presence of the fence increases the safety of the users of the surrounding PRoW by minimising the risks of trespass. Local contractors were employed to erect the fence, which is considered a beneficial socio-economic impact. It is considered that there would be no adverse impacts on socio-economics of the local environment/ community as a result of the construction or presence (operation) of the fence This EIA has therefore been carried out having regard to the Scoping Opinion (Appendix 2.2 in Volume 3) and further consultation that has taken place with statutory and non-statutory consultees. Page 9

16 2.4.7 It is noted in the Scoping Opinion that a large number of objections were received by the LPA when the Scoping Opinion request was submitted. The main reasons for objection and SOQ responses can be found in Table 2.3. Table 2.3 Summary of main reasons for objection submitted to request for Scoping Opinion and SOQ response Reason for objection SOQ response The existence of the The Project has no implications upon quarrying operations quarry and its continued operation within Dean Quarry. These are permitted and controlled by the existing ROMP planning permission. The application will allow mobile quarrying The impacts of the fence are part of a larger application to build a jetty and export material by sea The fence is a way of salami-slicing applications The significant adverse environmental impacts of constructing the fence The fence that has been erected is not the same as was originally stated The Project has no implications upon quarrying operations within Dean Quarry. These are permitted and controlled by the existing ROMP planning permission. The Project relates to that as described in Chapter 3 only. This application has been brought forward on its own merits only and for reasons of health and safety as set out in Chapter 3. Any future applications, should they be made, will also be made on their own respective merits. As this application has been accompanied by an ES, the decision maker has the relevant environmental information before them in order to make a lawful decision. The ES provides an assessment of the likely potential environmental impacts of the proposed development, in accordance with the Scoping Opinion given by CC. This application differs from the previous application submitted to the Local Planning Authority, which was withdrawn in February The type of fence installed has been carefully considered (see Chapter 3) to meet the objectives of the Project, i.e. for health and safety purposes. 2.5 Assessment process Introduction Each assessment chapter sets the baseline environmental conditions for the relevant subject area. The chapter then evaluates the potential effects that may occur. Page 10

17 2.5.2 The EIA has considered the impacts on the environment for the various stages of the Project which are: i. construction phase: the installation of the fence and gates; ii. operational phase: the presence of the fence and gates throughout the operational lifetime of the Quarry. iii. decommissioning phase: the removal of the fence and gates at the appropriate time With respect to decommissioning of the Project, the continued need to fence Dean Quarry would be reviewed in line with the condition attached to the extant planning permission for quarrying at Dean Quarry. This restricts the life of quarrying to 8 August 2035, with the Quarry thereafter to be restored in accordance with an approved restoration scheme The continued need to fence Dean Quarry would therefore be reviewed at that time in order to ensure that the type and location of perimeter fencing and gates was commensurate with the level of risk associated with the restored quarry and relevant legislation and guidance (e.g. the Quarries Regulations 1999 and the HSE ACOP) There is some variation between Chapters as appropriate to the topic described, but the general structure of each Chapter is as follows: i. overview of chapter and relevant policy and/or legislation; ii. assessment methodology and consultation; iii. description of baseline conditions including findings of any site-specific surveys; iv. detailed assessment of the effects of construction and operation; v. mitigation, enhancement measures and monitoring; vi. residual effects; vii. cumulative effects; viii. conclusion presenting significant aspects, both positive and negative; and ix. references. Page 11

18 2.5.6 Appropriate study areas have been described for each specific environmental topic, to ensure that potentially significant effects are identified and assessed in accordance with relevant standards and guidance. As a consequence of this, study areas are different for each topic, because the geographic extent of likely direct and indirect impacts differs in each case. As this is a retrospective planning application, a comment has been made as to the known impacts associated with each topic. Assessment of effects The EIA Regulations require that the EIA considers the likely significant effects of the Project on the environment. The decision-making process to identify whether or not a Project is likely to significantly impact on the environment is central to the EIA process. The EIA Regulations do not provide a specific definition of significance, but the methods used to identify and assess effects should be transparent and verifiable. Assessment methodology To assess the impacts of the Project, appropriate professional or institutional guidelines for specific environmental subject areas have been followed. Further information is provided in the individual chapters Impacts that are moderate or major are regarded as being significant for the purposes of the EIA Regulations. Mitigation measures, residual impacts and monitoring Mitigation is an iterative process of avoiding, reducing, ameliorating or compensating for significant potential effects upon receptors, and the wider environment, resulting from the Project. This process has the status of a hierarchy, with avoidance being most preferred and compensation being least preferred As outlined previously, the fence has already been erected. Chapters 5 7 which detail the findings of the EIA process identify that there were no significant effects. The only significant impacts identified before mitigation were slight moderate adverse impacts on the landscape character and a moderate adverse impact on visual amenity from the fence Once mitigation is implemented, these impacts are reduced to acceptable levels and are limited to the immediate vicinity of the quarry In addition, mitigation and enhancement measures were implemented, or have been proposed, as part of the Project to minimise any non-significant effects on receptors as outlined in Chapter 5. All the mitigation and monitoring is summarised in Chapter 8. Page 12

19 There are no residual effects of the Project that are significant (i.e. significant effects that remain after mitigation has been incorporated). 2.6 Cumulative effects In accordance with Schedule 4 of the EIA Regulations, cumulative effects have been considered for the Project. By convention, the term cumulative is usually applied to the interaction between the effects of different projects or within projects The cumulative assessment needs to take account of the total effects of all pressures acting upon all relevant receptors in seeking to assess the overall cumulative significance. Consideration is given to projects for which consent has been sought or granted, as well as those already in existence where spatial/physical overlaps of the impacts are likely to occur Based on consultation with the LPA and desk based research, no other projects for which consent has been sought or granted, other than the resumption of quarrying for which there is an extant permission, have been identified which potentially require assessment in terms of cumulative effects It is important to note that the LPA s Scoping Opinion (para 13) stated that the ES only needs to address the environmental issues that are affected by the erection of the fence and not the wider issues of the operation of the quarry. However, it also stated that the ecological assessment should also take account of other activity and consents within the study area that might lead to cumulative effects (para 29). SOQ are currently considering the management and operation of the quarry under the provisions of the ROMP. The details are yet to be finalised and as such, the ecological assessment within Chapter 5 has been based on outline details and should be considered on this basis Should any future applications for consent be submitted for activities that require planning permission, then the cumulative impacts of that application with the fence will also be considered at the appropriate time In order to assess the environmental effects of the Project as a whole, interrelationships between aspects of the Project on receptors have been considered, as required under Schedule 4 of the EIA Regulations. The interrelationships between specialist topics have been examined as appropriate, within each of the Chapters. 2.7 Assumptions and limitations As required in Schedule 4 the EIA Regulations, the ES must provide an indication of any difficulties (technical deficiencies or lack of know-how) encountered in compiling the required information for the ES. This section outlines the Page 13

20 assumptions which have been made during the EIA process. Assumptions relevant to all environmental topic areas are set out below, while those appropriate for the individual subject areas are included within the relevant chapters of the ES: i. The construction, operation and decommissioning details provided in Chapter 3 of this ES, form the basis of the environmental assessments undertaken for each environmental topic; and ii. At the time of publication, information provided by third parties, including publicly available information, is correct. 2.8 Habitats Regulations Assessment and Water Framework Directive Assessment The nature and location of the Project is such that neither a Habitats Regulations Assessment (HRA) nor a Water Framework Directive (WFD) Assessment is required. 2.9 References Cornwall Council 12th September 2016 (Ref; PA16/07620) Retrospective EIA screening opinion request for erection of a perimeter fence on land at Dean Quarry, St Keverne, Helston, Cornwall TR12 6NY Cornwall Council 28th October 2016 (Ref; PA16/07621) Retrospective EIA scoping opinion request for erection of a perimeter fence on land at Dean Quarry, St Keverne, Helston, Cornwall, TR12 6NY. Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 85/337/EEC, Official Journal NO. L 175, 05/07/1985 P Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. Official Journal No. L 073, 14/03/1997 P Council Directive 2003/35/EC of the European Parliament and of the Council (May 2003) providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice. Council Directives 85/337/EEC and 96/61/EC Department for Communities and Local Government (DCLG) (2012) National Planning Policy Framework (NPPF) DCLG (2015) Planning Practice Guidance: Environmental Impact Assessment Statutory Instruments 2011 No1824. The Town and Country Planning (Environmental Impact Assessment) Regulations Page 14

21 3 Project Description 3.1 Introduction SOQ has submitted a retrospective planning application for the installation of a fence on land at Dean Quarry. The objective of this Chapter is to set out the alternatives that were considered and to provide a description of the Project as it was constructed. It also outlines the maintenance (operation) of the fence and the decommissioning methodology. 3.2 The need for the Project Quarrying at Dean Quarry has been undertaken for over a hundred years and, although the Quarry became dormant in 2008, the winning and working of minerals at Dean Quarry recommenced on 30 September This prolonged period of quarrying has had an extensive impact on the landscape and environment within the quarry itself. There are extensive areas of steep cliffs, a large deep water body and ancillary structures associated with a lengthy quarrying history (see Photo 3.1). Photo 3.1 Vertical faces and a deep water body within Dean Quarry The Review of Mining Permissions (ROMP) decision for quarrying at Dean Quarry, issued by the LPA in January 2012, provides for continued quarrying at Dean Quarry until August The ROMP decision provides no requirement to fence the Quarry

22 in planning terms either before, during or after these quarrying operations. SOQ however wishes to enhance the security of the site by installing fencing and gates in the interests of public safety around parts of the quarry where appropriate.soq has reviewed relevant legislation and guidance regarding the potential health and safety risks to the public and this has been considered as part of the review of the need for the fence The Health and Safety Executive (HSE) Health and Safety at Quarries: Quarries Regulations: Approved Code of Practice (ACOP) (2013) states: 39 Members of the public in a quarry are likely to be exposed to significant risks. From a health and safety point of view, it is normally better if public rights of way are diverted around quarries. Where diversion is not possible, precautions must be implemented based on a detailed risk assessment of the route and the area around it. The precautions must be reviewed regularly in the light of experience Specifically in relation to the provision of barriers, Regulation 16 of the Quarries Regulations 1999 states: The operator shall ensure that, where appropriate, a barrier suitable for the purpose of discouraging trespass is placed around the boundary of the quarry and is properly maintained This is supported by guidance within the ACOP and also Section 3 of the Health and Safety at Work Act (1974) which specifically requires, where appropriate, the provision and maintenance of suitable barriers around the quarry to discourage trespass. In this context, trespass means entry to the quarry without the operator s express or implied permission or some legal justification Public rights of way have been diverted from within the Quarry when it was in the ownership of CEMEX. The specific reasons why SOQ feels that it is appropriate and necessary to provide a suitable barrier at Dean Quarry are: i. there is clear evidence of trespass and vandalism at Dean Quarry (with incidents having been reported to the Police); ii. iii. there are a number of public rights of way in close proximity to the Quarry boundary; and the Quarry is an industrialised and unrestored quarrying landscape with associated health and safety implications, including significant areas of steep cliffs, a large deep water body and ancillary structures associated with a lengthy quarrying history SOQ is a responsible landowner and considers that, the supporting legislation and guidance together with the existing health and safety risks to the public associated Page 16

23 with the quarry, a fence will enhance the security at the site and discourage public access to the quarry. It should be highlighted that the Project is not required in order to allow quarrying operations at Dean Quarry. The Project is required in order to ensure the safety and wellbeing of members of the public in respect of existing potential hazards associated with a legacy of quarrying activity at Dean Quarry.For the avoidance of doubt, the proposed perimeter fence enhances the security of the site beyond the present situation. Quarry activities can take place without the proposed fence, however the proposed fence will provide enhanced protection to deter inadvertent access to the site. 3.3 Fence location SOQ has given careful consideration to the location of the fence and access points at Dean Quarry. The ACOP (HSE, 2013) recognises that, in areas where the risk of public access is low, features such as boundary hedges, existing vegetation, trenches and mounds may be sufficient to act as suitable barriers. It also recognises that it may not be reasonably practicable to fence all of the land owned or operated at very large quarries and that it may be appropriate to apply different standards of barrier to different parts of the quarry. All of these factors have played a role in the identification of the most appropriate location for the fence and gateways SOQ considered the risk to members of the public and workers of the quarry to be greatest where a public footpath adjoins the quarry boundary. Where there was existing dense bramble Rubus fructicosus spp and gorse Ulex Europaeus scrub vegetation along the site boundary this acted as a suitable barrier in accordance with the ACOP, and no additional fencing was deemed necessary Those parts of the quarry boundary which adjoined land within SOQ s ownership or control, or third party land where there was no formal public right of access onto the quarry, were not fenced by SOQ. These boundaries relied upon a stockproof fence and/or dense scrub vegetation to preclude access as public access was already restricted In areas where a public footpath adjoined the quarry and there was little or no vegetation existing topography was used where possible to provide a visual screen between the public footpath and the perimeter fence. This was apparent along parts of Section 2 at the southern end of the South West Coast Path (SWCP), where the perimeter fence was almost totally screened from users of the footpath by existing vegetation and topography for a distance of approximately 100m. 3.4 Option appraisal Several suitable barriers were considered prior to the installation of the fence. The parameters that were set included: Page 17

24 i. barrier needed to be of sufficient height and design to deter trespassers and vandals; ii. barrier needed to be suitably robust; iii. barrier needed to be proportionate to risk (cost effective to install and maintain within a varying and rocky terrain; iv. barrier needed to have an acceptable landscape and visual impact within the wider landscape and upon users of the nearby public footpaths; and v. barrier needed to maintain suitable site access for workers These are the design principles and concepts that have been applied to the Project. The potential suitable barriers at Dean Quarry, including the do-nothing scenario, have been considered and assessed, as outlined in Table 3.1. Table 3.1 Appraisal of alternative options considered Description of Suitability and appraisal of option potential suitable barrier option Do nothing There would be no fence between the Quarry and the South West Coast Path. Access into the Quarry was easily available and the Quarry has been subject to trespass and vandalism. Users of the South West Coast Path would, in places, be separated from Dean Quarry solely by an existing earth bund approximately m tall. A vehicular barrier and gabbro boulders closed the main vehicular access. These features were not considered to represent a suitable barrier given evidence of trespass and the potential health and safety risks associated with the quarry and the proximity of adjacent public footpaths. Stock fence A stock fence would delineate the Dean Quarry boundary and could follow undulating terrain but, with a height of m and use of sheep netting, such a fence would be easily climbable and would not represent a suitable barrier. Deer fence A deer fence would delineate the Dean Quarry boundary and could follow undulating terrain. Such a fence would have a height of m but netting would be climbable and would therefore not be regarded as a suitable barrier, particularly adjacent to public rights of way. Page 18

25 Description of potential suitable barrier option Plastic coated weldmesh Chain link fence Suitability and appraisal of option A fence constructed using plastic coated weldmesh sections would delineate the Dean Quarry boundary and would have a height of m. Rigid fence panels/sections are difficult to install in areas of undulating terrain, resulting in gaps under fence sections and associated landscape/visual impacts. Such a fence is therefore considered unsuitable at Dean Quarry. A chain link fence would delineate the Dean Quarry boundary and would have a height of m. The close nature of the mesh is anti-climb. Galvanised chain link fencing is likely to have minimal landscape/visual impacts in the existing context of the quarry. Such a fence would represent a suitable barrier and the flexible nature of the mesh could accommodate undulating terrain, resulting in minimal gaps under the fence line. A chain link fence was therefore considered to be the most appropriate barrier to use at Dean Quarry. 3.5 Construction The Project was constructed from the beginning of October 2015 to the middle of February Work commenced on Section 2 (Figure 1.1) erecting the fence posts in a north to south direction, with a gate to access the jetty. This was followed by the erection of Section 1 fencing and gates at the quarry entrance and the picnic area, and finally the connection of fencing between the picnic area and the old entrance to Dean Quarry (Figure 1.1) A mini digger was used to excavate holes, each approximately 400mm x 400mm and 400mm deep, to accommodate each fence post. A concrete fence post, 100mm x 100mm and 2.3m in height, reinforced with steel bars and splayed at the top to prevent water damage, was then inserted into each hole and each hole was backfilled with approximately 0.04m 3 of concrete. Material excavated from each hole was used to cover the concrete When the fence posts were erected and the foundation concrete had hardened, galvanised wire was threaded through each of the posts and attach this wire to any connecting walls and buildings using fixing wire to stainless steel eye bolts (100mm long into the buildings and 200mm into the rock face at the north end of the Site), which had been drilled into the structures. 1.8m high galvanised chain link fencing was attached to the post wire using galvanised tying wire. Page 19

26 3.6 Maintenance Maintenance of the fence will be carried out through regular inspections by SOQ staff. Any section of chain link fence that is corroded or damaged would be replaced A broken or damaged fence post would be removed by detaching the chain link fencing from the post and excavating around the existing concrete foundation using a shovel, or simply lifting the fence post and concrete foundation out of the ground using a mini-digger. A replacement concrete fence post would be installed and the hole backfilled with concrete to just below ground level and the chain link fencing would be re-attached. 3.7 Decommissioning A condition attached to the extant planning permission for quarrying at Dean Quarry restricts the life of quarrying to 8 August 2035 with the quarry thereafter to be restored in accordance with an approved restoration scheme. At that time the continued need to fence Dean Quarry would be reviewed in order to ensure that the type and location of perimeter fencing was commensurate with the level of risk to the public associated with the restored quarry Where appropriate, the Project would be de-commissioned by detaching the chain link fence from each fence post and lifting each fence post, and its concrete foundation, from the ground using a mini-digger. The resultant hole would be backfilled using material sourced from within the quarry and the redundant chain link fencing and concrete posts/foundations would be transported off-site for recycling at a suitably licensed facility. 3.8 References Health & Safety Executive (HSE) (1974) The Health and Safety at Work etc Act 1974 Health & Safety Executive (HSE) (1999) The Quarries Regulations Health & Safety Executive (HSE) (2013) The Quarries Regulations Approved Code of Practice Quarries National Joint Advisory Committee (QNJAC). General Series. Information Sheet GS3. March Guidance on the Provision of Boundary or Perimeter Barriers at Quarries Her Majesty s Stationery Office (HMSO) (1954) Mines and Quarries Act 1954 Quarries Regulations 1999 (SI 1999 No. 2024) HSE (2013) Health and Safety at Quarries: Quarries Regulations: Approved Code of Practice Page 20

27 4 Planning and policy context 4.1 Introduction A summary of the overriding guidance and policies that are regarded as relevant to the Project are outlined below, together with the national and local planning policy context An assessment of the extent to which the Project accords with these policies is contained within a separate Planning, Design and Access Statement. 4.2 Project Context SOQ acquired Dean Quarry in August Quarrying activity at Dean Quarry extends back over a hundred years. As a result the Quarry contains significant areas of steep cliffs, a large deep water body and ancillary structures associated with a lengthy quarrying history. It is an industrialised and unrestored quarrying landscape. A number of public footpaths adjoin the Quarry boundary and there is evidence of trespass and vandalism within the Quarry. SOQ, recognising their health and safety obligations, has secured the Quarry in the interests of public safety by erecting a fence around part of the Quarry boundary. 4.3 National Planning Policy Framework The National Planning Policy Framework (the Framework ) was published in March 2012 and replaced the majority of existing Planning Policy Statements. It is a material consideration that must be taken into account in the determination of planning applications The cornerstone of the Framework is the presumption in favour of sustainable development (para 14) which is confirmed as the golden thread (para 14) running through the planning system. This means that LPA s should generally seek to approve development proposals that accord with the development plan without delay and, where the relevant plan is silent or out of date, grant planning permission unless it would give rise to adverse impacts which would significantly and demonstrably outweigh the benefits, when assessed against the Framework as a whole. Development which is sustainable should proceed The Framework requires that an overall approach is taken to sustainable development, incorporating three key elements: social, economic and environmental and these three elements should not be considered in isolation. The central issue is whether the proposal as a whole accords with the three key elements and therefore constitutes sustainable development. All elements of a scheme should be balanced to determine whether it is sustainable; even if there is a conflict with one aspect of policy, a development could still be sustainable Paragraph 17 of the Framework identifies 12 core land use planning principles which should underpin both plan making and decision taking. Of these core principles, the following are particularly relevant in respect of the Project:

28 i. be genuinely plan led and provide a practical framework within which decisions on planning applications can be made with a high degree of certainty; ii. iii. iv. not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve the places in which people live their lives; seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; take account of the different roles and character of different areas recognising the intrinsic character and beauty of the countryside; v. contribute to conserving and enhancing the natural environment; and vi. conserve heritage assets The Framework contains advice on the delivery of sustainable development across 13 key themes. The themes that are particularly relevant to the Project are identified below Theme 7, requiring good design, advises that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people (para 56). Planning policies and decisions should aim to ensure that developments respond to local character and history, and reflect the identity of local surroundings and materials while also seeking to create safe and accessible environments which are visually attractive as a result of good architecture and appropriate landscaping (para 58) Theme 8, promoting healthy communities, advises that the planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Planning policies and decisions should aim to promote safe and accessible environments and safe and accessible developments, containing clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas (para 69) Theme 11 of the Framework, conserving and enhancing the natural environment, provides guidance on the natural environment, stating that the planning system should protect and enhance valued landscapes, geological conservation interests and soils (para 11). The Framework also advises that LPA s should maintain the character of the undeveloped coast, protecting and enhancing its distinctive landscapes (para 114) and that great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty (para 115). The Framework also advises that development that is likely to have an adverse effect on a Site of Special Scientific Interest (SSSI) should not normally be permitted (para 118). Page 22

29 4.3.9 Theme 12 conserving and enhancing the historic environment advises that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting (para 128). The Framework advises that when considering the impact of a proposed development on the significance of a heritage asset, great weight should be given to the asset s conservation (para 131) and that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset this harm should be weighed against the public benefits of the proposal (para 134) Theme 13 facilitating the sustainable use of minerals recognises that minerals are essential to support sustainable economic growth and our quality of life and can only be worked where they are found (para 142) and emphasises the importance of enabling their extraction whilst securing their long term conservation. The Framework advises that LPA s, when preparing Local Plans, should define Minerals Safeguarding Areas in order that known locations of specific mineral resources are not needlessly sterilised by non-mineral development. Minerals Consultation Areas, based on these Minerals Safeguarding Areas, should also be defined and associated infrastructure, such as rail heads, wharfage and associated storage, handling and processing facilities for the bulk transport of minerals by rail, sea or inland waterways should also be safeguarded (para 143) The Framework confirms that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise and that the weight attributed to policies within emerging plans should be commensurate with the stage of preparation of the emerging plan (para 216). The Framework is a material consideration in planning decisions (para 196 & 210) The Framework is supported by a range of web-based Planning Practice Guidance (PPG). The Land Stability PPG advises that the planning system works alongside a number of other regimes and that there is a general duty on the site operator to ensure the safety of quarry excavations and tips; and that once abandoned the quarry is left in a safe condition, as required under the Quarries Regulations 1999 (paragraph: 002 Reference ID: ). The Health and Wellbeing PPG advises that the range of issues that could be considered through the plan-making and decision-making processes, in respect of health and healthcare infrastructure, include potential pollution and other environmental hazards, which might lead to an adverse impact on human health (paragraph: 002 Reference ID: ). Other relevant PPG s of particular relevance to the current planning application include Environment Impact Assessment, Natural Environment and Open space, sports and recreation facilities, public rights of way and local green space. Page 23

30 4.4 The Development Plan In Cornwall the development plan comprises the Cornwall Local Plan (CLP) strategic policies document, which was adopted in November 2016, and additional Local Plan and Supplementary Planning Documents. 4.5 Cornwall Local Plan The Cornwall Local Plan (CLP) strategic policies document sets out the LPA s main planning approach and policies for Cornwall and contains a number of general policies of particular relevance to the current application. Policy 12 design The CLP, under the heading quality of development, acknowledges that all development, whether large or small, has an impact on our environment (para 2.74) and advises that the impact of new development on Cornwall s distinctiveness and character must be carefully managed through the design and planning processes (para 2.76). Policy 12, design, states that the Council is committed to achieving high quality safe, sustainable and inclusive design in all developments and that development should demonstrate a design process that has clearly considered the existing context and how the development contributes to the social, economic and environmental elements of sustainability through fundamental design principles. Policy 16 health and wellbeing The CLP acknowledges that the way we perceive and interact with the physical environment built and natural has a significant impact on individual and community wellbeing (para 2.98). Policy 16, health and wellbeing, states that to improve the health and wellbeing of Cornwall s communities, residents, workers and visitors, development should protect, and alleviate risk to, people and the environment from unsafe, unhealthy and polluted environments by avoiding or mitigating against harmful impacts and health risks. Policies 17 & 18 minerals & mineral safeguarding The CLP accepts that Cornwall s wealth of mineral resources has the potential to continue to contribute significantly to its economy over the Plan period and beyond (para 2.102). Policy 17, minerals general principles, advises that support will be given to maintain and grow a world class, thriving and sustainable minerals industry in Cornwall which meets local needs as well as exporting minerals, predominantly by rail and sea, to serve regional, national and international markets. Policy 18, minerals safeguarding, states that important mineral resources and reserves and existing, planned and potential bulk transport storage, Page 24

31 handling and processing facilities and sites shall be safeguarded from sterilisation by other forms of incompatible development. The policy advises that Mineral Safeguarding Areas will be identified for sites, including, aggregate resources and facilities for the storage, handling, processing and distribution of minerals and the bulk transport of minerals by rail, sea (ports) or haul roads. The CLP confirms that the Cornwall Minerals Safeguarding Development Plan (see below) will develop detailed policy and identify sites for safeguarding minerals and mineral infrastructure sites. Policy 23 natural environment The CLP advises that all landscapes matter, not just those with national designations which is why attention to distinctiveness and character of the whole of Cornwall is so important. This is reflected by the Council s Landscape Character Assessment (para 2.146) and that proposals for development should be informed by and respond to the natural environment in line with their status (para 2.149). The CLP confirms that when considering proposals for development within the AONB, the Council will ensure that development is in accordance with the great weight afforded to their landscape and scenic beauty in national policy and the aims and objectives of the Cornwall and Tamar AONB Management Plans (para 2.150). Policy 23, natural environment, advises that development proposals will need to sustain local distinctiveness and protect and where possible enhance Cornwall s natural environment and assets according to their international, national and local significance. Policy 24 historic environment The CLP acknowledges that we recognise that Cornwall s outstanding and distinctive historic environment is an important irreplaceable resource that contributes to our economy, tourism, education, culture and community identity (para 2.170). Policy 24, historic environment, states that all development proposals should be informed by proportionate historic environment assessments and evaluations identifying the significance of all heritage assets that would be affected by the proposals and the nature and degree of any effects and demonstrating how, in order of preference, any harm will be avoided, minimised or mitigated. Policy 25 green infrastructure The CLP advises green infrastructure is an integrated network of multi-functional spaces within and linking urban and rural environments, which collectively have significant environmental, social and economic benefits (para 2.191). The CLP states that good quality well planned and appropriately located green infrastructure is critical to Cornwall s future (para 2.190) and increases biodiversity and improves health and wellbeing in Cornwall (para 2.192) and that the impact Page 25

32 of new development on green infrastructure assets will be assessed as part of determining planning applications (para 2.194). Policy 25, green infrastructure, states that the existing green infrastructure network in Cornwall will be protected and enhanced The CLP strategic policies document is also clear (Appendix 3) that a number of policies contained within the Minerals Local Plan (1998), notably policy E3 landscape and policy S1 mineral consultation areas, have been saved and remain extant. 4.6 Cornwall Minerals Local Plan The Cornwall Minerals Local Plan was adopted in March The CLP strategic policies document confirms that a number of policies contained within this Plan have been saved and remain extant and therefore form part of the Development Plan. These policies include landscape (policy E3) and Mineral Consultation Areas (policy S1). Dean Quarry is identified as a Mineral Consultation Area within the Cornwall Minerals Local Plan (policy S1 and inset 2). The Project is not considered as mineral development due to its nature and objective to minimise potential risks in terms of public health and safety, however policies contained within the Cornwall Minerals Local Plan are relevant in as far as the Site is located within the Dean Quarry Mineral Consultation Area Policy S1 of the Cornwall Minerals Local Plan advises that planning permission will not be granted for development which would sterilise important mineral deposits, or be incompatible with extraction, associated mineral waste disposal or ancillary operations within Mineral Consultation Areas, unless, following consultation with the Mineral Planning Authority, the determining authority accepts that: a) the mineral reserve is recovered before development commences; b) there is an overriding need for the development and prior extraction, or tipping cannot be reasonably undertaken; or c) extraction of the mineral or associated development is impracticable Policy E3 of the Cornwall Minerals Local Plan advises that minerals development in an Area of Great Landscape Value will not be permitted unless the benefits of the development clearly outweigh the detrimental effects on the landscape, having taken account of measures to mitigate the impacts. The policy is not relevant to the current planning application as Dean Quarry is not within an Area of Great Landscape Value (AGLV). Page 26

33 4.7 The Cornwall Minerals Safeguarding Development Plan Document (Presubmission Consultation) (Nov 2016) The Cornwall Minerals Safeguarding Development Plan Document (Pre-submission Consultation) was published for consultation by Cornwall Council in November The consultation document seeks views on the draft mineral safeguarding policies (policy 18: Minerals Safeguarding & policy MS1 Mineral Safeguarding Areas) and Mineral and Infrastructure Safeguarding Areas. Dean Quarry and its associated wharf are identified as safeguarded sites within this consultation document (inset A8 and inset I12). Although the Cornwall Minerals Safeguarding Development Plan Document (Pre-submission Consultation) forms part of the Development Plan for Cornwall the amount of weight which may be attributed to this emerging document should, in accordance with the NPPF (para 216), reflect the stage of preparation of the emerging plan. 4.8 Cornwall AONB (Area of Outstanding Natural Beauty) Management Plan The Cornwall AONB Management Plan was adopted by Cornwall Council in May The AONB Management Plan consists of three sections, Action, Policy and Local The Action section contains the Vision, Aims, Actions, Monitoring and all Appendices and sets out the vision of the Partnership for the Cornwall AONB and its management aims over the five-year plan period The Policies section provides the overall strategic approach to the management of the Cornwall AONB and contains the Cornwall wide strategic policies for the Cornwall AONB. A number of these Cornwall wide strategic policies are relevant to the Project Within the policies section Policy MD 1 states that Major development will be refused in the Cornwall AONB unless it can be demonstrated that there are exceptional circumstances for the development; that the development is in the public interest and that the purposes of the AONB designation are afforded the highest status of protection with regard to landscape character and scenic beauty. Appendix 3 advises that Major developments as referred to in paragraph 116 of the National Planning Policy Framework (see Appendix 2) is not defined in the Framework. The Planning Practice Guidance stating that whether a proposed development in these designated areas should be treated as a major development, to which the policy in paragraph 116 of the Framework applies, will be a matter for the relevant decision taker, taking into account the proposal in question and the local context. In terms of managing development the AONB Management Plan advises that the AONB Partnership would regard the reference to major Page 27

34 developments in this context as differing from the definition as set out within the Town and Country Planning (Development Management Procedure) (England) Order The AONB Management Plan consider that it is not a straightforward exercise to define the level at which development is considered to be major as this will vary depending on the scale, location and type of development proposed, notwithstanding the extent to which harm could be mitigated. As such, it is not possible or appropriate to apply a blanket definition for what should be treated as major development in the AONB. Nevertheless, there are some key indicators that would suggest that a development is likely to be major in its effect on the landscape quality. These key indicators are: i. where the scale of development is likely to have a detrimental visual impact that harms the scenic quality of the AONB, either within the AONB or in its setting; ii. where the location of development would erode the special qualities and features of the area of the AONB where the development is proposed (landscape, cultural, biodiversity, tranquillity); iii. where the type of development is not directly compatible with its surroundings; and iv. where the development would conflict with the economic and social needs of local communities and the AONB s guiding principles of sustainable development The AONB Management Plan states that any major applications that have the potential to generate any of the above should then be considered against a number of criteria: i. the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy; ii. the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and iii. any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated Policy MD9 states that any necessary development in or within the setting of the AONB will be high quality sustainable development that: i. is appropriately located, of an appropriate scale and addresses landscape sensitivity and capacity; Page 28

35 ii. iii. iv. is compatible with the distinctive character of the location described by the Landscape Character Assessment, with particular regard to the setting of settlements and the rural landscape; does not compromise the special qualities and characteristics of the AONB designation as outlined in the Statement of Significance for each local section and relevant character assessments; maintains semi-natural corridors; v. promotes the conservation of the historic environment as a whole and in particular those designated heritage assets and their setting; including the Conservation Areas and World Heritage Site; vi. vii. is designed to respect quality of place in the use of distinctive local building styles and materials, dark skies and tranquillity; and protects trees, other important landscape features and semi natural habitats in order that it can contribute to the conservation and enhancement of the natural beauty of the protected landscape Particular care should be taken to ensure that development outside the AONB does not harm the natural beauty, character and special qualities of the AONB and/or its setting or otherwise prejudice the achievement of the AONB purposes Policy MD10 states that quarrying and mineral extraction within the AONB or within its setting should conserve and enhance the landscape character and natural beauty of the area. Support the landscape restoration of existing mines and quarries, to enhance natural beauty by imposing appropriate new planning conditions through the Review of Mineral Planning Permissions Policy RA2 states that design transport and rights of way infrastructure that conserve and where possible enhance the historic character, biodiversity and geodiversity of the AONB and support the pro-active de-cluttering of associated modern signage, lighting and furniture The Local section of the AONB Management Plan provides the statements of significance and policies for each of the 12 local sections of the Cornwall AONB. Dean Quarry lies within the South Coast Western section of the Cornwall AONB and the Local section of the Management Plan advises that this section of the AONB is large, wide-ranging and diverse, extending from Marazion in the west to the outskirts of Falmouth (Maenporth) in the east and includes the entire Lizard Peninsula and the Helford Estuary. This is the second largest section of the Cornwall AONB comprising an area of 192 square kilometres (19,300 hectares) (Local policies pg 40). This section of the AONB consists of three distinct landscape areas and Dean Quarry is located within the Lizard Peninsula section which is described Page 29

36 as comprising of tall cliffs with small coves beneath and is the most southerly point of mainland Britain where the distinctive towers of the Lizard Lighthouse warn of the hazardous waters off Lizard Point (Local Policies pg 41) The AONB Management Plan advises that active quarrying operations are controlled under the terms of updated planning conditions approved under the Review of Mineral Planning Permissions (Local policies; pg 44). A number of factors affect the South Coast Western section of the AONB and these include large-scale quarrying operations between Dean Point and Porthallow which are considered to be poorly integrated into the surrounding landscape with potential future pressures anticipated on tranquillity, scenic beauty, wildlife habitat, flora and the adjoining Marine Conservation Zone and that future proposals for a super quarry including a breakwater at Dean Quarry have the potential for significant impacts upon the AONB (Local policies; pg 45) A number of South Coast Western policies within the AONB Management Plan (Local Policies pg 46) also relate to the Project: i. SCW8.02 Ensure that any new proposals for mineral extraction and quarrying, such as at Dean Quarry, do not adversely impact upon the scenic beauty, special qualities, landscape character and tranquillity of this section of the AONB and the Manacles Marine Conservation Zone. ii. iii. SCW8.03 Seek improved phased and final restoration at West of England quarry to final landforms and vegetation communities consistent with local landscape character including at the earliest possible stages, permanent, appropriate restoration along coast path routes and completed working areas. Support further measures to protect and enhance environmental quality when existing quarrying permissions are reviewed. SCW8.04 Encourage characteristic inclusion of local materials and vernacular design in new development, public realm, highways works and public rights of way infrastructure using granite, serpentine, gabbro and schists as appropriate to reflect the varied geodiversity of this section. 4.9 Conclusion This Chapter has outlined the planning policy and regulatory framework considered relevant to the Project. Judgement of the interaction between policies and the Project are included within the Planning, Design and Access Statement submitted in support of the planning application. Further details of planning policy and regulatory frameworks are outlined as appropriate within the following specialist technical chapters. Page 30

37 4.10 References Cornwall Council (2016) Cornwall Local Plan Strategic Policies Cornwall County Council (1998) Cornwall County Council Minerals Local Plan Cornwall Council (2016) Cornwall Minerals Safeguarding Development Plan Document Presubmission Consultation Cornwall AONB Partnership and others (2016) The Cornwall AONB Management Plan Place and People Department for Communities and Local Government (2012) National Planning Policy Framework (NPPF) Department for Communities and Local Government (March 2014) Planning Practice Guidance Land Stability Department for Communities and Local Government (March 2014) Planning Practice Guidance Health and Wellbeing Page 31

38 5 Terrestrial ecology 5.1 Introduction Cornwall Environmental Consultants (CEC) Ltd was commissioned by SOQ in November 2016 to undertake a retrospective ecological assessment of two sections of security fence and gates erected at Dean Quarry. CEC was asked to undertake this assessment as the company has carried out numerous surveys at Dean Quarry since Dean Quarry lies on the east coast of the Lizard Peninsula, with farmland to the north, west and south. The farmland is dominated by pasture fields bounded by Cornish hedges. There are scattered areas of scrub and woodland within the surrounding landscape with larger areas of scrub to the south Quarrying at Dean Quarry ceased in 2008, but there has been some resumption of mining activity over the past year. This absence of activity has allowed the habitats to develop so that there has been a significant increase in the area of scrub and a decrease in bare ground which has been encroached by scrub, acid grassland and ephemeral / short perennial habitats The ecological assessment of the Project covers the line of the installed fence and gates (Sections 1 and 2 on Figure 1.1) including c. 10m either side of the fence line The ecological impacts of the Project were considered as part of the work to design and locate the fence prior to its installation based on survey work carried out by CEC over many years at the quarry but particularly recent surveys between As outlined in Chapter 2, mitigation measures were incorporated into the works to offset any potential effects. This Chapter outlines the potential impacts that were identified and the mitigation that was incorporated during the construction in order to provide the LPA with sufficient information to determine the retrospective planning application Section 2 below details legislation and planning policy, Section 3 details the methodology and limitations of the survey. Section 4 evaluates the ecology of the site in terms of designated sites, habitats and species in accordance with the Guidelines for Ecological Impact Assessment for the UK and Ireland (CIEEM, 2016). Section 5 and 6 discuss impacts of this Project and cumulative effects while Section 7 looks at mitigation and monitoring. Page 32

39 5.2 Legislation, planning policy and guidance The Conservation of Habitats and Species Regulations 2010 (as amended) In order to promote the conservation of natural habitats and species across Europe, the European Commission (EC) drafted two directives; Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, known as the Habitats Directive and the Birds Directive (Council Directive 2009/147/EC (which codifies Directive 79/409/EEC) for rare, vulnerable and regularly occurring migratory bird species and internationally important wetlands. The requirements of the Habitats Directive and the Birds Directive are transposed into UK legislation by The Conservation of Habitats and Species Regulations 2010 (as amended), commonly known as the Habitats Regulations The Habitats Regulations allow for the designation of both Special Protection Areas (SPAs) for birds and Special Areas of Conservation (SACs) for the protection of other species and habitats. These protected areas are collectively known as the Natura 2000 network of sites. Species listed under the Habitats Regulations are known as European Protected Species (EPS). The Wildlife and Countryside Act 1981 (as amended) The Wildlife and Countryside Act 1981 (as amended) (WCA) is the principal legislation relating to wildlife protection in the United Kingdom. The Act provides for the designation of Sites of Special Scientific Interest (SSSI), which are selected as the best national examples of habitat types, sites with notable species and sites of geological importance Schedules 1-4 of the Act deal with the protection of wild birds. Schedule 5 of the Act details with the protection of other animal species. Full protection is given under Section 9 of the Act to certain animals listed on Schedule 5, including all species of bats. Partial protection under Section 9 is given to certain other species, including all common species of reptile. Schedule 8 of the Wildlife and Countryside Act details protection for plants and fungi. It is an offense to knowingly cause the spread, into the wild, of plants listed on Schedule 9 of the Act Special penalties are available for offences related to birds listed on Schedule 1 of the Act and there are additional offences of disturbing these birds at their nests, or their dependent young, as well as the strict protection afforded to birds, their nests and eggs. The Countryside and Rights of Way Act The Countryside and Rights of Way Act 2000 (CRoW Act) primarily deals with the rights of members of the public to access the countryside. The CRoW Act updated and strengthened the legal protection for designated sites (such as SSSIs) as well as Page 33

40 certain species. In particular, the CRoW Act strengthened legislation by introducing the offence of reckless disturbance. Section 74 of CRoW Act placed a statutory duty on government departments to have regard to biodiversity conservation and requires the preparation and maintenance of lists of priority species and habitats. Some of the provisions set out in CRoW Act have been incorporated into amendments to the WCA or have been superseded by the Natural Environment and Rural Communities Act 2006 (NERC 2006). Natural Environment and Rural Communities Act The NERC Act places a duty upon public bodies to consider enhancement of biodiversity within all of their actions, stating: Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity Sections 40 and 41 of this Act superseded Section 74 of the CROW Act. Section 41 lists flora, fauna and habitats considered by the Secretary of State to be of principal importance for conserving biodiversity In addition, this Act provides for those species identified within the UK Biodiversity Action Plan (UKBAP) and the relevant Local Biodiversity Action Plans (LBAPs) to be considered as biodiversity conservation priorities. National Planning Policy Framework The National Planning Policy Framework (NPPF) was published in March 2012 to provide the overarching framework within which there is a presumption in favour of sustainable development when considering planning applications and development plans. More detail is provided in Chapter 4 Planning and Policy Context. Cornwall Local Plan Cornwall Local Plan Strategic Policies was adopted in November Policy 23 on Natural Environment relates to the protection and enhancement of Cornwall s natural environment through a number of measures including the following with respect to the Terrestrial and Marine Biodiversity and Geodiversity: i. international, national and locally designated sites for nature conservation are safeguarded from inappropriate development through introduction of appropriate buffer areas and provision made for their management based on up-to-date evidence and management plans; ii. features of biological or geological interest (including Biodiversity Action Plan habitats and species and soils) are conserved, protected and enhanced and there is provision for their appropriate management; Page 34

41 iii. iv. Shire Oak Quarries Ltd there is no net loss of existing biodiversity and enable a net gain in biodiversity and ensuring any unavoidable impacts area appropriately mitigated and/or compensated for; and the importance of habitats identified in the South West Regional Nature Map and the creation of a local and regional biodiversity network of wildlife corridors and local wildlife sites, helping to deliver the actions set out in the Cornwall Biodiversity Action Plan are recognised. Biodiversity Action Plans In 1992 at the United Nations Conference on Environment and Development in Rio de Janeiro, the UK signed up to the Convention on Biological Diversity (CBD). The CBD has three main objectives: i. the conservation of biological diversity ii. iii. the sustainable use of the components of biological diversity; and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources The UK implemented its requirements under the CBD through the publication of a UK Biodiversity Action Plan (UKBAP). The UKBAP was a strategy which described national biological resources and set out a plan to safeguard these for future generations A species and habitats review by the UK Biodiversity Partnership in 2007 (the "2007 Review") described 1150 priority species and 65 priority habitats with an objective of ensuring the correct focus of conservation efforts. These were adopted across the UK. However, each country within the UK (Northern Ireland, Scotland, Wales and England) developed their own strategies for biodiversity and the environment. In England, the UKBAP priority list provided a reference point to select English species and habitats of principal importance (i.e. section 41 of the NERC 2006). Habitat Action Plans (HAPs) and Species Action Plans (SAPs) set out key requirements for each A change in strategic thinking has altered the approach to the CBD objectives. Since July 2012, the 'UK Post-2010 Biodiversity Framework' succeeds the UKBAP and the 2007 Review. Devolution of responsibilities from a UK level to the regions now focuses conservation strategies within the countries, with the most recent England Biodiversity Strategy published in 2011 (Defra, 2011) The England Biodiversity Group oversees the development and delivery of the England Biodiversity Strategy and is chaired by Defra. Page 35

42 Cornwall Local Biodiversity Action Plan At a local level, habitats and species relevant to specific geographical areas are targeted through Local Biodiversity Action Plans (LBAPs) The most recent Cornwall Biodiversity Action Plan is Volume 4: Priority Projects (CBI, 2011) which reflects a shift in focus of conservation priorities from long lists of targets and actions which are difficult to record progress against, towards a broader, habitat based approach The two projects within which the Project falls in are Linking the Lizard and All of the Coast. These cover key BAP habitats and species that are found in and around Dean Quarry including the following: a. maritime cliff and slopes; b. ponds; c. bats (lesser and greater horseshoe); and d. open mosaic habitats on previously developed land. 5.3 Assessment methodology Assessment criteria Ecological valuation and assessment Following the CIEEM 2016 guidelines, the first step in the determination of significant ecological effects is the identification of Important Ecological Features that are present within the Zone of Influence of the Project. Important Ecological Features are features considered sufficiently valuable for any significant effects upon them to be material in the decision making process. Individual plant or animal groups are valued using available information detailing rarity, status and distribution. Each ecological receptor is assigned a biodiversity value at the following geographical scale: a. international (very high); b. national (high); c. county (medium); d. local (low); and e. site (negligible). N.B. Where species or habitats occur in more than one category above, the highest value is applied. Page 36

43 5.3.2 The characteristics used to value habitats include: a. designation as a BAP habitat; b. habitat diversity, connectivity and synergistic associations (combinations of habitats of greater biodiversity value due to their association with each other); c. area, quality and viability of habitat (ability of habitat to withstand disturbance) and d. species-richness and structural diversity of vegetation within habitats The biodiversity value of each species /group of species is evaluated on a geographic scale as described above. The characteristics used to value species /groups of species include: a. designation as a BAP species; b. non-statutory designation; c. endemic species, and species for which the UK has an international responsibility; d. declining and threatened species; and e. species-rich assemblages of plants and / or animals Important Ecological Features are defined as those of County (medium) level or above. The impacts of development activities upon Important Ecological Features are characterised in Section 5, according to several factors including: a. magnitude & extent Quantitative size of an impact (e.g. area of habitat / number of individuals); b. duration & reversibility Timescale of impact (days / weeks / months / years) until recovery. Permanent impacts are described as such, and likelihood of spontaneous recovery is detailed where appropriate; c. frequency Frequency of impact (if appropriate; from rare to continuous, quantified where possible); d. complexity Whether the impact will directly or indirectly affect the feature; e. negative / positive If the impact will be beneficial or detrimental to the feature; and f. likelihood Described as certain, high, medium or low Cumulative impacts (for example, as a result of many activities in one area), are also considered. Page 37

44 Zone of Influence The Zone of Influence (ZoI) is the area over which the Project could have an influence on ecological features. The ZoI is likely to vary for different features. In this case the ZoI for the Project is considered to comprise the line of the fence at Section 1 and Section 2, although the assessment area extends to approximately 10m either side of the fence line. Consultation Due to the small nature of the Project only Natural England were consulted as the Project site lies inside Coverack to Porthoustock SSSI. Cornwall Council (CC) Ecologist comments where relevant are also dealt with in the Table 5.1. Page 38

45 Table 5.1 Consultation and comments Consultee Comment SOQ response Natural England scoping opinion) Natural England scoping opinion) CC Ecologist (in (in It is our opinion that the fence should not be considered in isolation as it forms a necessary part of the wider proposal on which the quarry operation depends. Indeed the applicant has confirmed that 'the fencing of the boundary of the quarry is required and necessary for the resumption of winning and working at the quarry together with the operational requirements of managing a safe quarry. (application ref PA14/12081). The proposed development could have both significant direct and indirect impacts upon the aforementioned designated sites, the National Trail and Priority Habitat and that further assessment should be required. An application should be supported by a) Preliminary Ecological Appraisal (PEA) b) any species specific surveys recommended, which are considered likely to include a botanical survey c) an Ecological Constraints and Opportunities Plan in line with BS42020 to include mitigation and enhancement d) a Habitats Lost and Gained Table in line with BS42020 SOQ are a responsible landowner and wish to enhance the security of the site to further restrict inadvertent access. It should be highlighted that the fence is not required in order to support or facilitate the re-commencement of quarrying operations at Dean Quarry. The fence is required in order to ensure the safety and wellbeing of members of the public in respect of the current site characteristics. An assessment of the potential impacts of the development on terrestrial ecology receptors including statutory and nonstatutory designated sites is included in Section 5. a) Due to the localised area affected by the development, the PEA is encompassed within Section 4 Baseline Conditions. This also takes into account surveys of the wider Dean Quarry carried out between 2009 and 2016 b) no further species specific surveys are required c) See Figure 5.5 d) see Table 5.4 total habitat loss is less than 5m 2.

46 5.3.8 SOQ also acknowledge that a large number of comments/objections were received to the Screening and Scoping Opinion request submitted in August 2016, many of which were based on the environmental impacts of development that does not form part of this Project. It has already been clarified in Table 5.1 that the fence is not required in order to support or facilitate the re-commencement of quarrying operations at Dean Quarry, for which permission exists This chapter therefore considers the environmental impacts of the fence in line with CC Scoping Opinion dated 28 October In addition, the cumulative assessment (Section 6) takes into account whether the environmental impacts of the fence will increase the significance of any potential impacts caused by the resumption of active quarrying at Dean Quarry. Desk study This ecological assessment comprises three elements: a desk study, a site survey and a concluding assessment The desk study consisted of a search of all existing ecological records within a 2km radius centred on the site (SW802204) using the information held by the Environmental Records Centre for Cornwall and the Isles of Scilly (ERCCIS) in June In addition a review of the existing ecological reports that have been produced by CEC since 2008 was also undertaken, these reports included: a. Dean Quarry Phase 1 Habitat Assessment Brief Report (September 2008); b. Dean Quarry Ecological Assessment (October 2009); c. Dean Quarry Preliminary Ecological Appraisal and Bat Building Inspection (June 2014); d. Dean Quarry Review of Vegetation Surveys in 2009 and 2014 (November 2014); e. Dean Quarry Invertebrate Habitat Assessment (December 2014); f. Dean Quarry Bat Survey Report (November 2014); g. Dean Quarry - Reptile Survey Report (November 2015); and h. Dean Quarry - Breeding Bird Survey (November 2015) In addition, CEC have been undertaking a range of surveys throughout 2016 on behalf of SOQ that have yet to be reported on. These include breeding birds, invertebrates and bats.

47 Survey A walk-over site survey of Dean Quarry was carried out on Wednesday 3 August 2016 with a second visit on Monday 19 December 2016 which concentrated on the fence line. These site visits were undertaken to: a. identify the habitats present within the site according to the Phase 1 Habitat Survey methodology (JNCC, 2010); b. identify species of vascular plants present, and estimate their relative abundance; and c. undertake a preliminary faunal survey / habitat assessment to identify the presence of, or the potential of the site to support, legally protected species / species of conservation importance A further site visit was undertaken on Monday 17 October 2016 to search for evidence of badger activity (runs, setts, latrines and feeding evidence) over the whole of Dean Quarry. This involved walking all paths, tracks, hedges and edges of scrub looking for evidence. If possible mammal paths were found these were followed. Transects were also walked through the plantations The surveyor also had the Badger Survey Results map and target notes from the 2009 report so that they could attempt to check areas where evidence had been recorded previously All three of these site visits were undertaken by Steve Adams MSc. CEnv, MCIEEM Weather conditions during the August and October visits were similar as there were occasional light showers during the morning with bright sunny weather in the afternoon. During the December 2016 site visit, the weather was dry with very light winds and overcast August is an optimal time of year to undertake vegetation surveys as most plants will be visible and many will be in flower, however some early flowering plants will no longer be visible such as bluebell. However the Phase 1 and NVC surveys in 2008 and 2009 took place in May and June, while a site visit in 2014 to assess changes in habitats, especially NVC grassland communities took place in November and the final visit in 2016 took place in December. This spread of visits aimed to record most plant species present and provided a good understanding of the habitats present Dean Quarry has many cliffs and steep slopes with ledges which were not accessible. Similarly there are large areas of dense scrub which are too dense to enter. However there were very few potential mammal trails that went into scrub and all were followed until they became too faint to follow. During the December 2016 site visit, there was good access to the full length of the fence line. Page 41

48 An updated breeding bird survey was carried out in 2016 as part of the surveys for the whole of Dean Quarry. The aim being to see if any significant changes in species composition had taken place compared with the 2015 breeding bird survey. Two field visits took place in late May and early July, during which time a transect route was walked around the quarry (duplicating the route followed during the 2015 survey) which was designed to pass within 50m of all parts of the Quarry. Surveys commenced within an hour of dawn in order to capture the period of main territorial activity. Days with optimal weather conditions for detecting song activity were chosen All species considered to be using the Quarry were recorded and their locations mapped, with particular care being taken to record behaviour indicative of breeding; species flying over and not directly making use of the Quarry were not recorded, unless feeding/hunting in the air space above. The bird surveys were undertaken by Mark Tunmore who has carried out a number of bird and invertebrate surveys at Dean Quarry since Bat surveys have been undertaken by CEC at Dean Quarry since Visual inspections of buildings were undertaken in 2009, along with a series of activity and emergence surveys throughout the summer of These are reported in the Dean Quarry Ecological Assessment (CEC, 2009) An external visual inspection of buildings was carried out in May 2014 by Wardell Armstrong. However, as access was not gained to any of the buildings and so only an assessment of the buildings potential to support bats was made. In November 2014, CEC undertook further internal inspections of the buildings to support the earlier study Further bat surveys carried out at Dean Quarry between May and September 2016 included remote detector, emergence and activity surveys. These were not related to the Project and have still to be written up, however, the findings have been considered as they give an up to date and accurate assessment of the bat use of Dean Quarry. 5.4 Baseline conditions Establishing the Baseline According to CIEEM Guidelines (2016), ecological baseline conditions are those existing in the absence of proposed activities. The impact assessment determines how the conditions will change in relation to this baseline to facilitate a clear understanding of the effects of a project It is the predicted baseline conditions at the time the project will be implemented that dictates the baseline against which the impact of the proposal should be Page 42

49 assessed (CIEEM, 2016). In this case, the fence has already been constructed and surveys undertaken by CEC between 2009 and 2015 are sufficient to be considered as representing baseline conditions for the extremely limited ZoI for this Project. However, surveys have also been ongoing throughout 2016 in Dean Quarry (postconstruction of the Project) for a variety of ecological receptors, including invertebrates, habitats and bats. Evaluation of data from all the surveys since 2008 has enabled a full assessment of the impacts of the Project and also allowed consideration of changes within the wider ecological Quarry environment A specific walkover survey of the Site was undertaken in December 2016 which focused on the Project and a 10m buffer either side of the fence. This therefore allowed an evaluation of the Project, which could then be used to assess the significance of any construction or operational impacts that may have occurred. With respect to bats, birds and habitats, a comparison between the existing Dean Quarry baseline (i.e. post-construction surveys during 2016) and the previous baseline (results of surveys undertaken between 2009 and 2015) has been made where appropriate in order to provide context to any impacts. Statutory Designated Sites A number of statutory designated sites are located within 1km of the Project these are discussed below and shown on Figure 5.1. The Lizard SAC The Lizard SAC has been selected for its unusual representation of base-rich igneous and acid metamorphic cliffs. The combination of its complex geology and a southern location has resulted in the diverse nature of the plants and plant communities found here, many of which are particularly species-rich and some of which are rare in the UK. The Lizard SAC is adjacent to Dean Quarry and covers an approximate area of 3,257ha, and is primarily designated for the following Annex I habitats: a Vegetated sea cliffs of the Atlantic and Baltic Coasts; b Hard oligo-mesotrophic waters with benthic vegetation of Chara spp; c Mediterranean temporary ponds *priority feature; d North Atlantic wet heaths with Cross-leaved Heath Erica tetralix; e European dry heaths; and f Dry Atlantic coastal heaths with Cornish Heath Erica vagans. Page 43

50 5.4.6 This designated site is of International importance for nature conservation. However, the nature of the Project and the distance of the ZoI from the Lizard SAC means that no direct or indirect impacts resulted from the construction or operation of the fence and therefore the Lizard SAC is not considered further in the assessment. Coverack to Porthoustock SSSI Dean Quarry forms part of the Coverack to Porthoustock SSSI. This site is designated for its geological and biological interest. The combination of unusual geology, topography and mild oceanic climate has led to the development of a unique flora. The site has four Red Data Book (RDB) (Cheffings, C and Farrell, L. (eds.), 2006) species and many nationally scarce species. Of particular note is the RDB species Cornish Heath which in the British Isles, is confined to the Lizard Peninsula and County Fermanagh in Northern Ireland. Areas of the coastline which have been quarried reveal rock exposures which are of geological interest The value of the Dean Quarry management unit to the Coverack and Porthoustock SSSI is in its geological exposures and not its vegetation, which is currently classed as unfavourable no change by Natural England 1 due to the obstruction of the earth science feature. Two other management units classified as geological foreshore exposures and geological cliff exposures, that also include areas of Dean Quarry, are currently classified as favourable. Due to its designation and location within the Project area, it is classified as being of National importance for nature conservation. The Lizard NNR The Lizard NNR is a complex of a number of isolated sites on a peninsula in Cornwall. Its main habitats are coastal grasslands, coastal heaths and inland heaths. The NNR lies immediately to the south of Dean Quarry and c.175m south of the southern end of the Project Due to its designation it is classified as being of National importance for nature conservation. However, the nature of the Project and the distance of the ZoI from the Lizard NNR means that no direct or indirect impacts resulted from the construction or operation of the fence and therefore the Lizard NNR is not considered further in the assessment. 1 Page 44

51 The Manacles MCZ The Manacles Marine Conservation Zone (MCZ) encompasses a series of large underwater rocky outcrops, with depths ranges from 14 to 57 metres which creates a diverse seafloor landscape. The seabed varies extensively throughout the site and includes sedimentary habitats, vertical rock faces and rocky reefs that support a number of highly sensitive features. At its closest point the Project is within 100m of the MCZ and due to its designation it is classified as being of National importance for nature conservation However, the nature of the Project and the distance of the ZoI from this marine site means that no direct or indirect impacts resulted from the construction or operation of the fence and therefore the Manacles MCZ is not considered further in the assessment. Non-statutory designated sites No County Wildlife Sites (CWS) were identified within 1km of Dean Quarry by the desk study. However one County Geological Sites (CGS) was recorded, Lowland Point to Trevalsoe CGS, which is adjacent to the southern end of Dean Quarry and c. 100m south of the Project (Figure 5.2). This site is of County importance for geology However, the nature of the Project and the distance of the ZoI from Lowland Point to Trevalsoe CGS means that no direct or indirect impacts resulted from the construction or operation of the fence and therefore the Lowland Point to Trevalsoe CGS is not considered further in the assessment. Habitats This section describes the habitats present recorded during surveys undertaken in August and December 2016, according to the standard Phase 1 notation (JNCC, 2010). It also includes information gathered in the desk study and site survey(s) Following cessation of quarrying in 2008, the floor and lower slopes of the quarry remained largely bare, with scrub and open acid grassland communities well developed over much of the steeper quarry slopes. Extensive stands of scrub and scattered patches of unimproved neutral grassland occurred on the two headlands as well as on land to the north and west (forming a rough horse-shoe shape that enveloped the former main working area of the quarry). Coastal and maritime cliff communities were confined to the coastal strip and an area just to the south of the existing jetty. There were semi-improved pastures and a small deciduous plantation in the north of the site and a large area of open water was present on the western quarry floor. Mixed swamp vegetation had developed along ditches that drain the quarry floor. Page 45

52 Section 1 of the Project is the shorter length of fence around the main entrance. Here, the main habitat is scrub with smaller areas of amenity grassland, bracken Pteridium aquilinum and bare ground Section 2 runs along the seaward side of the Quarry. the southern part of this fence has scrub on the seaward side and bare ground on the quarry side, whilst the northern half crosses mainly bare ground with small scattered areas of coastal grassland The Phase 1 Habitat Survey recorded a total of eight habitat types within the Project area: continuous scrub, semi-improved grassland, bracken, coastal grassland, amenity grassland, species-rich hedge, bare ground and building Each of these habitats is described below and their distribution is shown on Figure 5.3, which shows the habitats over the whole of Dean Quarry. A list of botanical species recorded within each habitat of the Project area is given in Appendix 5.1. In the descriptions below, a general commentary is provided on the changes in distribution of habitat between 2008 and the present day, followed by a description of habitats within the survey area/zoi of the Project where relevant. Continuous scrub In 2008 scrub was already present throughout Dean Quarry and was the most commonly occurring semi-natural habitat. Since then there has been a significant increase in the area of scrub to the extent that the northern and southern headlands are no longer accessible. However the area covered by the Project only has scrub in two localised areas. Scrub is one of two main habitats present in the vicinity of Section 1 at the entrance. Here the scrub is dominated by bramble Rubus fruticosus and blackthorn Prunus spinosa, with frequent sycamore Acer pseudoplatanaus. There are also non-native shrubs present hydrangea Hydrangea sp and fuschia Fuschia sp. Page 46

53 Photo 5.1 Fencing close to the entrance with scrub behind and a track in front. Photo 5.2 Fencing alongside gorse and buddleia scrub at the southern end of the coastal stretch of fencing. Page 47

54 Section 2 of the fence has scrub along approximately the southern third of its length and the scrub is dominated by European gorse Ulex europaeus with abundant buddleia Buddleja davidii Scrub in the Project area is considered to be of Site (negligible) importance for nature conservation. Semi-improved neutral grassland This occurs on the west of the Quarry, just to the south of the entrance, but has not been impacted by the Project. There is no semi-improved grassland along Section 2. In 2009 there were two fields of this type of grassland, however, by 2016 the grassland in the eastern most of these two fields had almost completely disappeared due to encroachment by scrub. In the western field, grassland has been reduced by bracken encroaching from the northern end of the field and bramble scrub encroaching from the southern and eastern edges The remaining grassland has become more rank than that described previously with Yorkshire fog Holcus lanatus and cock s-foot Dactylis glomerata dominating with forbs limited to more robust species such as creeping thistle Cirsium arvense, hogweed Heracleum sphondylium, fleabane Pulicaria dysenterica, ribwort plantain Plantago lanceolate, creeping buttercup Ranunculus repens and common sorrel Rumex acetosa Semi-improved neutral grassland in the Project area is considered to be of Site (negligible) importance for nature conservation. Continuous bracken There has been an increase in the amount of bracken present in the Quarry, this has been mainly through new areas rather than the enlarging of existing areas of bracken. Most of these new areas of bracken had been mapped as grasslands in 2009 and this is the case with an area of bracken beside the fence near the entrance. There is a small area of bracken alongside the fence close to the Quarry entrance. This habitat is heavily dominated by a single species, bracken, with other species only occurring occasionally. There are no areas of bracken found along Section Continuous bracken in the Project area is considered to be of Site (negligible) importance for nature conservation. Coastal grassland In general, the very sheltered location of the Quarry has limited greatly the range and extent of maritime cliff communities able to develop. This type of grassland Page 48

55 covers small areas over moderate to steep cliff slopes where they typically form a sub-ordinate component of scrub and acid grassland mosaic There are several small areas of coastal grassland on the seaward side of Section 2 of the fence but none are directly affected by the Project. These are all dominated by red fescue Festuca rubra, with frequent kidney vetch Anthyllis vulneraria and bird s-foot trefoil Lotus corniculatus. These coastal grassland areas are typical components of maritime cliff and slope, a priority habitat for conservation in UK BAP. Due to the small area of this grassland present within the Project area it is considered to be of Local (low) nature conservation value. Amenity grassland There is an area of amenity grassland close to the entrance of Dean Quarry which is maintained as a picnic area. This type of grassland is species poor and tends to support only common species. Here the grassland is dominated by common bent grass Agrostis capillaris with occasional Yorkshire fog, while frequent herbs include creeping buttercup Ranunculus repens, white clover Trifolium repens and daisy Bellis perennis. This grassland in the Project area is considered to be of Site (negligible) importance for nature conservation. Species-rich hedges There is a short section of hedge close to the entrance of Dean Quarry. This hedge is constructed from stone with an earth core and supporting a row of shrubs, dominated by blackthorn with occasional hawthorn Crataegus monogyna Hedgerows are listed under the boundaries broad habitat feature in Volume 4 of the Cornwall BAP but are not listed as a priority under the BAP Projects under which Dean Quarry sits. The hedge is species-rich and therefore likely to provide habitat for wildlife including birds, reptiles, invertebrates and mammals. Given the abundance and distribution of this habitat in the local area however, hedges at this site in the Project area are considered to be of no more than Site (negligible) nature conservation importance. Bare ground This was the largest habitat associated with Dean Quarry in 2008/2009 survey. However it has been greatly reduced by the encroachment of scrub and the development of ephemeral / short perennial habitats and in a few areas the spread of acid grassland This bare ground still covers large areas and ranges from gravel to fine spoil to large rock boulders to rock faces. Page 49

56 Bare ground is the main habitat associated with the fencing project. Section 1 of the fence has bare ground along at least 50% of one side of the fence. While for Section 2 bare ground occurs on both sides of the fence for the northern two thirds of the fence Whilst bare ground is a common component of the UK BAP habitat: open mosaic habitats on previously developed land, and provides important habitat for invertebrates, the small area within the Project area is considered to be of Site (negligible) importance for nature conservation as it does not support any habitats. Buildings The site supports a number of buildings including the remaining concrete bases of buildings. These are considered to be of no biodiversity value but the buildings do have potential to support roosting bats and nesting birds. The Project does not affect any of the buildings. Protected, rare or notable plant species The desk study returned a large number of records of plant species within 2km of Dean Quarry. The only plant of conservation concern was recorded during the 2008 and 2009 surveys and this was bluebell Hyacinthoides non-scripta. Bluebell is protected against sale only under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended 1998). Although common in Cornwall, the UK is likely to hold more than 25% of the European population (Cheffings & Farrell, 2005). However this was recorded in woodland outside the Project area. No plant species of conservation concern were recorded during the 2016 surveys of Dean Quarry The Project area is considered to be of no more than Site (negligible) value for vascular plants. Lower plant species Records were returned of a large number of mosses, lichens and marine algae (seaweeds) from the desk study within 2km of the Quarry, although no terrestrial species dated from beyond A specialist bryophyte (liverwort and moss) survey was undertaken of the Quarry in April 2009 to inform the RoMP The survey found a moderately rich bryophyte flora for a large site in Cornwall which included two nationally rare species Bryum apiculatum and Bryum torquescens and one nationally scarce Bryum torquescens. However one of these is non-native while the other two the surveyor considered under-recorded and therefore could not be considered as conservation priorities. The sites where these three species were located is not within the Project area. Page 50

57 The Project area is significantly smaller than the bryophyte survey area with a very high proportion of bare ground, it is therefore considered that it is of no more than Site (negligible) importance for non-vascular plants. Invasive non-native plants Non-native, invasive species represent a significant threat to nature conservation. Not only do they directly compete with native flora, but they also threaten native fauna indirectly through the displacement of their food plants Two non-native invasive species were recorded during the August 2016 site visit, montbretia, Crocosmia x crocosmiiflora and buddleja Buddleja davidii. Montbretia had not been recorded during the 2008 and 2009 site visits, however it is now scattered through the quarry, especially in the north-west of the site. Buddleja was recorded during earlier surveys as frequent in the woodland and tall ruderal habitats, locally frequent in the scrub and occasional in areas of semi-improved grassland, coastal grassland and perennial / short ephemeral habitats. Buddleja is a faster growing species than native shrubs such as blackthorn and hawthorn and is also associated with dry open sites and disturbed ground. It is now the dominant species over significant areas of the Quarry Montbretia is a scheduled species under Schedule 9 of the Wildlife and Countryside Act 1981, having been added in It is an offence to cause it to spread in the wild. While buddleja is not a Schedule 9 species, Plantlife assessed it as critical in their 2010 screening of 599 potential invasive plants (Plantlife, 2010) Montbretia and buddleja both grow within the 10m survey corridor at the southern end of Section 2 of the fence, however, the fence has not directly affected stands of either species. Amphibians The desk study returned records for common toad Bufo bufo dating from 2009 and common frog Rana temporaria dating from Common toad is listed under Section 41 of the NERC Act (2006) as being of principal importance for the purpose of conserving biodiversity and is an LBAP species. Dean Quarry supports habitat suitable for use by breeding, foraging and hibernating amphibians, including areas of standing water, scrub, rubble and rough grassland. Breeding common toad were confirmed at low numbers during surveys undertaken for other species in The Project area is significantly smaller than the protected species survey areas in 2009 and 2015 with a very high proportion of bare ground which is unsuitable to support amphibians. There are two areas of standing water within 10m of Section 2 of the fence, one at either end of the fence, however, neither have been impacted Page 51

58 by the construction of the fence. It is therefore considered that it is of no more than Site (negligible) importance for amphibians. Reptiles Slow-worm Anguis fragilis, adder Vipera berus and common lizard Zootoca vivipara have all been recorded in low numbers within 2km of the Project. All three of these species are listed under Section 41 of the NERC Act (2006) and are LBAP species Dedicated reptile surveys undertaken during 2009 following guidelines issued by Froglife (1999) confirmed the presence of a population of slow-worm and common lizard confined to the northern perimeter of the Quarry. In addition, one common lizard was observed during the extended Phase I habitat survey undertaken in May Reptile surveys in 2015 recorded a low population of slow worms and common lizards on the grass covered slopes of the southern half of the Quarry The mosaic of habitats across the Quarry was considered suitable to support foraging, basking and hibernating opportunities for common reptiles The Project area is significantly smaller than the reptile survey areas in 2009 and 2015 when reptiles were only recorded close to the northern perimeter of the quarry and on the grass covered slopes of the southern half of the Quarry, not close to either section of fence. In addition, the Project area has a very high proportion of bare ground, it is therefore considered that it is of no more than Site (negligible) importance for reptiles. Invertebrates The desk study returned low numbers of a wide range of invertebrates within 2km of the Project, including several moth and butterfly species listed on Section 41 of the NERC Act, including garden tiger Arctia caja, small heath Coenonympha pamphilus and grayling Hipparchia semele. None of the dragonfly or damselfly records were of more than local importance (listed on Cornwall s Red Data Book) A detailed invertebrate survey was undertaken by CEC in 2009 of the whole of the Quarry, during which a total of 349 invertebrate species were recorded. These included 24 species of Arachnida (spiders), one species of Chilopoda (centipede), 28 species of Coleoptera (beetles), one species of Dermaptera (earwigs), one species of Dictyoptera (cockroaches), 38 species of Diptera (flies), eight of Hemiptera (bugs), 34 species of Hymenoptera (bees, wasps, ants and sawflies), four species of Isopoda (woodlice), 184 species of Lepidoptera (butterflies and moths), three species of Mollusc (snails), nine species of Orthoptera (grasshoppers and crickets), 12 species of Odonata (dragonflies and damselflies) and three species of Trichoptera (caddisflies). Page 52

59 The majority of the habitat features that supported invertebrates identified in the 2009 survey were also identified during the 2014 invertebrate habitat assessment, although some deterioration in habitat quality had taken place. Scrub encroachment was occurring across the site, including on the exposed rocky terraces which provided valuable invertebrate habitat. In addition, the shallow water channels, which in 2009 supported populations of small red damselfly Ceriagrion tenellum, were found to be significantly encroached upon by vegetation in 2014, reducing the habitat suitability for this species Following the 2014 habitat assessment, between February and May 2015 ecological enhancement works were undertaken to improve the site s ability to support aquatic invertebrates in particular. Works were carried out under ecological supervision and included clearing of rocks and vegetation from existing waterbodies and the enlargement and construction of low bunds to protect wetland features. A new pond was also created at the top of the Quarry. In addition a new bee bank was created surrounding the old explosives store. Monitoring of the waterbodies and further invertebrate surveys have been undertaken during 2016 but the findings have yet to be reported on The walkover survey for the Project identified two features of importance for terrestrial invertebrates close to the Project. Section 1 of the fence lies alongside an area of trees and scrub while Section 2 lies above the undercliff that has potential to be important for the solitary bee Aculeate hymenoptera, although the increase in scrub is likely to have reduced the potential for this species The Project area is significantly smaller than the invertebrate survey area of 2009 and 2016 and, while there are features close to the fence line that are potentially of importance for invertebrates, the Project area is considered to be of no more than Site (negligible) value for invertebrates. Birds The full range of species recorded during the 2016 Dean Quarry breeding bird surveys is presented in Table 5.2, whilst Table 5.3 summarises the species of conservation significance recorded within the Quarry. A total of 49 species were recorded, of which 29 were proved breeding and a further six are considered likely to have been breeding. Of the 49 recorded species, using the criteria set out in Table 5.3, one was of international conservation significance, 22 were of national conservation significance and 12 were of local conservation significance. Page 53

60 Table 5.2 Bird species recorded during the 2016 survey English Name Scientific Name Blackbird Turdus merula Blackcap Sylvia atricapilla Blue tit Cyanistes caeruleus Bullfinch* Pyrrhula pyrrhula Buzzard Buteo buteo Carrion crow Corvus corone Chaffinch Fringilla coelebs Chiffchaff Phylloscopus collybita Dunnock Prunella modularis Goldcrest Regulus regulus Goldfinch Carduelis carduelis Great black-backed Gull Larus marinus (Great tit)* Parus major Greenfinch Chloris chloris (Green sandpiper) Tringa ochropus Green woodpecker Picus viridis Grey heron Ardea cinereal Herring gull Larus argentatus House martin Delichon urbicum House sparrow Passer domesticus Jackdaw Corvus monedula Jay Garrulus glandarius Kestrel Falco tinnunculus Lesser whitethroat Sylvia corruca Lesser black-backed Gull Larus fuscus Linnet Carduelis cannabina Long-tailed tit Aegithalos caudatus Magpie* Pica pica Mallard Anas platyrhynchos Meadow pipit Anthus pratensis Moorhen Gallinula chloropus Oystercatcher Haematopus ostralegus (Peregrine) Falco peregrinus Pied wagtail Motacilla alba Page 54

61 English Name Raven (Ring ouzel) Robin Rock pipit Song thrush Sparrowhawk* (Stock dove)* Stonechat Swallow Swift Tawny owl* Wheatear Whitethroat Woodpigeon Wren Scientific Name Corvus corax Turdus torquatus Erithacus rubecula Anthus petrosus Turdus philomelos Accipiter nisus Columba oenas Saxicola torquatus Hirundo rustica Apus apus Strix aluco Oenanthe oenanthe Sylvia communis Columba palumbus Troglodytes troglodytes Species in red showed evidence of breeding within the site. * denotes species likely to have been breeding, though did not fall within the criteria necessary to list as breeding within the methodology. () denotes species recorded outside the period of the breeding bird survey. Table 5.3 Recorded bird species of conservation value 2016 Bird Species Conservation Value English Name Scientific Name International National County Bullfinch Pyrrhula pyrrhula S,A,B B Dunnock Prunella modularis S,A,B B Great blackbacked gull Larus marinus A Green Tringa ochropus sandpiper A R Green Picus viridis woodpecker A Herring gull Larus argentatus S,R,B B House martin Delichon urbicum A Page 55

62 Bird Species Conservation Value English Name Scientific Name International National County House Passer domesticus sparrow S,R,B B Kestrel Falco tinnunculus A Lesser blackbacked gull Larus fuscus A R Lesser Sylvia corruca whitethroat R Linnet Carduelis cannabina S,R,B B Mallard Anas platyrhynchos A Meadow pipit Anthus pratensis A Oystercatcher Haematopus ostralegus A R Peregrine Falco peregrinus 1 1 R Ring ouzel Turdus torquatus S,R, B B Song thrush Turdus philomelos S,R,B B Stock dove Columba oenas A Swallow Hirundo rustica A Swift Apus apus A Wheatear Oenanthe oenanthe A Whitethroat Sylvia communis A Key International 1 = EC Birds Directive Annex 1 National S = Section 41, NERC Act 2006 National R = Red listed species (Eaton et al., 2015) National A = Amber listed species (Eaton et al., 2015) National B = UKBAP Priority Species (Anon, 1995) National 1 = legally protected under Schedule 1 of the Wildlife and Countryside Act (1981, as amended) County R = Cornwall Red Data Book listed (CISFBR, 2009) County B = Cornwall Biodiversity Action Plan Species (CBI, 2004) Page 56

63 The results presented here are very similar to those of the previous season (2015). The total species count is exactly the same figure as in 2015 and composed of very similar species. The following species were recorded in 2015 but not 2016: cormorant Phalacrocorax carbo, red kite Milvus milvus, sedge warbler Acrocephalus schoenobaenus, whimbrel Numenius phaeopus, willow warbler Phylloscopus trochilus. The following species were recorded in 2016 but not in 2015: goldcrest Regulus regulus, green sandpiper Tringa ochropus, green woodpecker Picus viridis, ring ouzel Turdus torquatus, rock pipit Anthus petrosus. There has thus been no significant change in the bird communities present within the Quarry The main ornithological importance of the bird survey area within the Quarry lies with its scrub, hedgerow and woodland communities, including the following breeding birds of conservation significance: linnet Carduelis cannabina, dunnock Prunella modularis, bullfinch Pyrrhula pyrrhula, song thrush Turdus philomelos, whitethroat Sylvia communis and lesser whitethroat Sylvia corruca. The disused buildings and machinery also offer nest sites for birds, particularly swallow Hirundo rustica The areas of bare ground and ephemeral vegetation provide favourable feeding habitat for some of the bird species present within the site, particularly song thrush and blackbird. These habitats are also important for hosting significant invertebrate populations, which provide a food source for many avian species There has been an obvious improvement in the water quality of the small lagoon in the north-east corner of the Quarry following the management work that was carried out in 2015, which involved improving the profile of the water body for invertebrates and wading birds, creating a bund, increasing flow of water into the lagoon, and removal of boulders. There was an evident increase in bird activity at this water body in 2016 as a consequence The Quarry has the potential to support various overwintering birds including meadow pipit Anthus pratensis, fieldfare Turdus pilaris and redwing Turdus iliacus and Section 41 species such as skylark Alauda arvensis. The scrub vegetation will provide potential shelter while the mosaic of habitats within the Quarry will provide a mix of foraging sites. However, the Quarry does not provide habitat that can support large numbers of overwintering waders or ducks The Project area is significantly smaller than the bird survey areas in 2015 and 2016 and with a very high proportion of bare ground that does not provide nesting opportunities it is therefore considered to be of no more than Site (negligible) value for breeding and overwintering birds. Page 57

64 Bats The desk study returned low numbers of bat records of four species within 2km of the site: five records of common pipistrelle Pipistrellus pipstrellus from ; one record of soprano pipistrelle Pipistrellus pygmaeus from 2013; eight records of brown long-eared bat Plecotus auritus dating from 1991 to 2012 and one record of lesser horseshoe bat Rhinolophus hipposideros from The latter three species of bat are listed on Section 41 of the NERC Act and are also LBAP species. All species of bats are European Protected Species included on Annex IV of the EC Habitats Directive and protected in the UK through the Habitats Regulations Visual inspections of buildings in the Quarry were undertaken in 2009, along with a series of activity and emergence surveys throughout the summer of The building inspections confirmed two bat roosts on-site, an office building and a concrete block built building. It was considered that both buildings were used as a night/feeding roost by pipistrelle sp. and lesser horseshoe bats. No bats were recorded emerging or entering any buildings during the emergence surveys, however; activity surveys (carried out by transect and static recording devices) recorded bats commuting and foraging across the woodland and scrub areas of the site. Brown long-eared bats were recorded foraging in the more sheltered areas of the site. The standing water in the southern area of the Quarry was also identified as bat foraging habitat An external visual inspection of buildings was carried out in May 2014, by Wardell Armstrong, however; access was not gained to any of the buildings and so only an assessment of the buildings potential to support bats was made. In November 2014, CEC undertook further inspections of the buildings The internal inspection of buildings on-site in 2014 confirmed that the concrete block built building (not affected by the Project) was still being used as a roost by pipistrelle sp., long-eared sp. and lesser horseshoe bats. Following the accidental demolition of the office building previously identified as a bat roost, mitigation was put in place during 2011 in consultation with Natural England and the local Wildlife Crimes Officer. This involved enhancing the remaining features for bats. It appears that this has been effective as two other buildings were confirmed as bat roosts during the November 2014 inspections. These were the tunnel / conveyor structures (B2 & B3) which both contained evidence of lesser horseshoe bats probably using them as night / feeding roosts. No hibernating bats were found during the November surveys Further bat surveys carried out at the Quarry in 2016 included remote detector, emergence and activity surveys. These were not required for the Project and have still to be written up, but they confirmed that the twin tunnels (B2) is an occasional day roost for both lesser and greater horseshoe bats. The Project area contains two Page 58

65 confirmed roost sites used by lesser horseshoe bats, one of these is also used by greater horseshoe bat Rhinolophus ferrumequinum. Greater horseshoe bats are confined in their distribution to south-west England and Wales. Population trends given on The Bat Conservation Trust website 2 indicate that there have been significant increases in the overall greater horseshoe bat population since However, they are still considered to be a rare species and therefore the buildings in the Quarry should be considered as being of County importance for bats The main areas of bat activity were at the back (west) of the quarry and in areas where there is more scrub providing sheltered foraging sites. Individuals of greater horseshoe and lesser horseshoe were recorded flying up through the quarry from the coast during the emergence surveys, but were not recorded foraging on site. The surveys suggest that only one greater horseshoe bat is using the Quarry, but due to the rarity of this bat the Project area should be considered as of County importance for foraging and commuting bats. Photo 5.3 Building B2 which is used by greater and lesser horseshoe bats as an occasional day roost. The fence can be seen at either end of the building. The fence is fixed with eyebolts at the southern (right) end while at the northern end the post is dug in close to the wall. 2 Page 59

66 Photo 5.4 Building B3 which is used by lesser horseshoe bats. Taken before the fence was erected. The fence is fixed using eyebolts to two sides of the building at the level of the concrete platform in the top left of the photo (arrow). Dormouse The desk study returned no records of dormouse Muscardinus avellanarius within 2km of the Quarry. The nearest records are c7km from the Quarry and over ten years old (Groves, 2013). Dormouse is a European Protected Species included on Annex IV of the EC Habitats Directive and protected in the UK through Schedule 2 of the Habitats Regulations. It also has strict protection under the Wildlife and Countryside Act 1981 (as amended), is listed on Section 41 of the NERC Act and is an LBAP species A detailed dormouse survey was undertaken during 2009 by CEC, using nest tubes according to the methodology recommended in Chanin & Woods (2003) and Bright, et al (2006). Three monitoring checks, one each in May, August and September were carried out. No evidence of dormouse was observed, indicating that dormouse are unlikely to be present. Given the known distribution of dormouse across west Cornwall and the negative survey results, it is considered that dormouse are absent from the Quarry and will not be considered further in the assessment. Page 60

67 Otter The desk study returned no records of otter Lutra lutra within 2km of the Quarry. Otter is a European Protected Species included on Annex IV of the EC Habitats Directive and protected in the UK through Schedule 2 of the Habitats Regulations. It also has strict protection under the Wildlife and Countryside Act 1981 (as amended), is listed on Section 41 of the NERC Act and is an LBAP species An assessment of the habitats in the Quarry to support otter was carried out in 2009 and There were no watercourses and therefore it was considered unlikely that the Quarry would support otter, although they may commute along the coastal habitat. It is therefore considered that otter are absent and will not be considered further in the assessment. Badgers Thirteen records of badger Meles meles were returned by the desk study between 1957 and Although relatively common in Cornwall, badgers and their setts are protected under the Protection of Badgers Act During the August 2016 Phase 1 survey of the Quarry, a badger latrine was recorded towards the lower end of the central track. Evidence of badgers including setts was also recorded during the 2008 and 2009 surveys A survey ofthe Quarry for badger took place in October 2016 to search for evidence of badgers. Locations of previous evidence from 2009 were also checked during this survey Two single-hole setts recorded at the northern end of the Quarry in 2009 could not be found in 2016 as the area had become overgrown with European gorse scrub. No evidence of badger entering this scrub in the form of worn paths could be found in this area A three-hole disused sett was recorded in the broadleaved plantation on the northern edge of the Quarry. No evidence of recent badger activity was recorded in the plantation During the December 2016 site visit there was evidence of badgers foraging in the amenity grassland and along the base of a hedge on the western boundary of the survey area There appeared to be a reduced level of badger activity over most of the Quarry with the exception of the southern boundary of the site where worn mammal paths, foraging evidence and latrines were in similar quantities as in The latrines recorded during 2009 could not be found and while scrub has spread out Page 61

68 and possibly covered some of these areas, no well-worn mammal paths leading into the scrub were located Two new latrines were recorded, both had three dung pits. One latrine was recorded in the species-poor semi-improved grassland fields on the western side of the site. The other latrine was recorded in an area of ephemeral / short perennial towards the lower end of the central track An artificial sett had been built close to the main entrance in c.1999/2000. Whilst evidence had been recorded of badgers using this sett when it was first built, no evidence of use by badgers was recorded during the 2008 and 2009 surveys or during the most recent survey in October Areas of bare ground associated with the quarried areas in the north and south of the Quarry are considered to be of low importance for badger. The presence of old badger setts and activity in grassland and scrub habitat around the Quarry perimeter, indicate that Section 1 of the Project is of no more than Site (negligible) value for badgers. No evidence of badgers has been recorded along the coastal side of the Quarry during any of the surveys carried out in 2016 or previously and therefore it is considered that Section 2 of the Project is of no importance for badgers. Other mammals of conservation concern Hedgehog Erinaceus europaeus and brown hare Lepus europaeus are both listed on Section 41 of the NERC Act and are both LBAP species. Two records of hedgehog were returned by the desk study, dating from 2004 and No records were returned for brown hare and there are no records for brown hare post 2006 for the whole of the Lizard peninsula (Groves, 2013). This absence of records along with the limited extent of grassland habitats indicates that brown hare are considered to be absent from the Quarry Suitable foraging habitat (scrub, woodland and grasslands) has been identified at the Quarry for hedgehog. Given the extensive availability of a similar mosaic of habitats in the wider countryside, it is considered that the Project area is of no more than Site (negligible) value for hedgehog. Important Ecological Features From the baseline conditions, the only Important Ecological Features identified for further assessment are as follows: Coverack to Porthoustock SSSI (national importance); Bats (county importance). Page 62

69 All the remaining ecological features potentially affected by the Project have been identified as being of importance at a site level only, with the exception of coastal grassland which qualifies as being of local importance and therefore does not require further assessment Notwithstanding this, the assessment of impacts extends beyond the Important Ecological Features where relevant. 5.5 Assessment of impacts Habitat loss and gain The area of habitat lost is considered to be limited to the area of the fence posts. These are 100mm x 100mm and are approximately every 3m along the fence line. For Section 1 there are 40 fence posts while for Section 2 there are 182 fence posts. Section 1 is not completely within the boundary of Coverack to Porthoustock SSSI and this has been taken into account in the calculations. Table 5.4 Habitats lost and gained Ecological receptor Loss Gain Amenity grassland (on border of SSSI Section1) 0.11m 2 0 Bare ground (within SSSI Section 2 and on border of SSSI Section1) 1.93m 2 0 Bare ground (outside SSSI Section 1) 0.18m 2 0 Coverack to Porthoustock SSSI (total) 2.04m 2 0 Construction Disturbance to Coverack to Porthoustock SSSI The SSSI management units that cover Dean Quarry have been designated due to their geological interest and not for ecological features. Management unit 8 (the quarry) has been assessed by Natural England as being in unfavourable no change condition due to the earth science feature being obstructed, whilst the two remaining management units (6 and 7) comprising the exposed geological foreshore are described as being in favourable condition As illustrated previously in Photo 1, construction of Section 1 of the fence did not impact any of the geological exposures which Dean Quarry is designated for. Section 1 runs outside or on the SSSI boundary through bare ground and amenity 3 Page 63

70 grassland, both habitats of negligible conservation value, therefore there is no impact on the Coverack to Porthoustock SSSI from the construction of Section 1 of the fence Section 2 of the fence has been erected on bare ground, in places adjacent to a track and tight against scrub habitat. The posts are mainly located in the bare ground which consists predominantly of a mixture of compacted material originating from the Quarry. None of the habitats which the fence passes through/adjacent have been valued at above site importance and none are features of the wider SSSI therefore there is no impact on any habitat features of the Coverack to Porthoustock SSSI from the construction of Section 2 of the fence The area directly lost due to the installation of 204 fence posts within the SSSI (covering Section 1 and Section 2) is 2.04m 2, which translates to ha and a loss of % of the geological features of the SSSI (covering 81.08ha and presuming that a geological feature is impacted). This equates to a total loss of approximately % of the ha Coverack to Porthoustock SSSI Section 2 of the fence is located within management unit 8, currently classified as unfavourable no change due to obstruction of the earth heritage feature. Even if all the fence posts were located where the geological features were exposed, the direct loss of such a small area is not considered to be a significant effect on the designated site The access routes required to construct the fence were already in existence as hard cored tracks and paved tracks, therefore there were no impacts to Coverack to Porthoustock SSSI from obtaining access to the Project area. Disturbance to habitats When considering bare ground over the whole of the Quarry it is part of a mosaic of habitats including grasslands, ephemeral/ short perennial and wetlands and meets the criteria for the open mosaic habitats on previously developed land UK BAP habitat. However when considering it in just the Project area, it does not form a mosaic and therefore cannot be classified as a BAP habitat at this scale. In addition the area of habitat directly lost is less than 3m 2 and therefore even if it was considered a BAP habitat, there were no significant effects The habitats associated with Sections 1 and 2 of this Project are bare ground, scrub, amenity grassland and bracken, all of negligible ecological importance. For most of its length the fence either crosses bare ground or runs along the edge of bare ground and another habitat, so that access for construction vehicles caused no impacts. Page 64

71 There is a short section close to the Quarry entrance where the fence runs along the boundary between amenity grassland and bracken. However both these habitats are of negligible ecological value and their condition in December 2016 suggested that there was no evidence of recent construction activities. Therefore the effects of any impacts on these low value habitats during construction were temporary and negligible. Disturbance to bats The construction of Section 1 of the fence is considered to have resulted in no impacts on the use of the wider Quarry by bats. The fence was constructed during the winter when bats are not active and Section 1 is not near any identified bat roosts Section 2 of the fence is fixed to buildings that have been identified as supporting spring/summer bat roosts in surveys undertaken since At building B2 (photo 3) the fence was fixed with eyebolts at the southern (right) end by drilling three 100mm deep holes into the structure, whilst at the northern end the post is dug in close to the wall. At building B3, the fence is fixed using eyebolts to two sides of the building again by drilling 100m holes into the structure The installation of the fence to both sides of the buildings took less than a day s work over winter. No hibernating bats were found during internal inspections of the buildings undertaken in November During 2016 (post-construction), bat surveys confirmed that building B2 is an occasional day roost for both lesser and greater horseshoe bats and building B3 is an occasional day roost for lesser horseshoe bats. These results are comparable with the surveys undertaken in 2009, with the additional record of a greater horseshoe bat As the works were carried out in less than a day over-winter when bats are not active (no evidence of hibernating bats was found during internal inspections of the buildings in November 2014), and surveys post-construction confirmed the continued use of the buildings by bats as an occasional summer night/feeding roost, it can be concluded that there were no significant effects on the use of the buildings by bats as a result of the construction of the fence. Disturbance to other species The fence was erected in winter , outside the bird nesting season and did not require the removal of any vegetation The movement of vehicles and the digging of post holes could have potentially spread invasive plants around the quarry and further afield. The two invasive species present are montbretia and buddleja. Montbretia is found close to the Page 65

72 southern end of the coastal section of fence, however while it is within 10m of the fence, its location on a bank means that it is highly unlikely to have been disturbed and spread as a result of construction activities The work was carried out in winter when buddleja would have finished seeding. Although this plant is within one or two metres of the fence it is located on a bank so is highly unlikely to have suffered disturbance from construction activity It is therefore considered that the construction activities did not cause the spread of any non-native invasive species. Photo 5.3 Fence passing through amenity grassland and bracken in December 2016, showing no signs of disturbance from construction. Operation Disturbance to Coverack to Porthoustock SSSI There are no foreseeable impacts from the presence of the fence to features of importance of Coverack to Porthoustock SSSI. Page 66

73 Disturbance to habitats There are no foreseeable impacts from the presence of the fence to any of the habitats present on site. Disturbance to bats Bats often use linear features such as hedgerows/trees and sometimes fences to reach their preferred foraging areas from their roosts. The presence of a new fence at Section 1 or 2 will not impact any bat flight lines as it is only 2m high and therefore not tall enough to act as a barrier to prevent bats reaching any foraging areas from any identified roosts within the Quarry. The 2016 bat activity and emergence surveys recorded bats flying from the coastal strip into the Quarry and indicated that the main areas of bat activity were at the back (west) of the Quarry and in areas where there is more scrub providing sheltered foraging sites The area where Section 2 of the fence is installed is not a key foraging area because the majority of the fence is installed along bare ground with no ecological interest Therefore there are no effects to bats from the presence of a new fence. Disturbance to other species The presence of a new fence can create a barrier for animals such as badgers and hedgehogs. However Section 1 of the fence is relatively short and there are gaps where animals can pass through it. These are at the gates which have a large enough gap underneath at one point and there is also a break in the fence at the southern end of the amenity grassland area No evidence of badgers has been recorded close to Section 2 of the fence during any of the Dean Quarry ecology surveys undertaken since While there are parts of Section 2 where the fence is flush with the ground there are a numerous stretches where the fence is c.15cm above the ground which is sufficient for hedgehogs to pass underneath. Therefore any potential barrier effects to wildlife are considered insignificant In recent years the Quarry has become a dog walking site. The erection of the fence prevents dog walkers and this has the potential to have a positive impact on any ground nesting birds as there will be less disturbance from free roaming dogs. Decommissioning Where considered appropriate, decommissioning of the Project would involve the removal of the chainlink and posts and disposal of the posts to an appropriate disposal site and the recycling of the metal chain link fencing. Vehicles used would be of similar size to those used during its construction. It assumes that the fence is still accessible and has not become overgrown by scrub. Page 67

74 Disturbance to Coverack to Porthoustock SSSI There are no foreseeable impacts from the decommissioning of the fence to the geological features of importance of Coverack to Porthoustock SSSI. Disturbance to habitats Any potential impacts on habitats due to disturbance of decommissioning activities are considered to be temporary and not significant on habitats that have been assessed as being of no more than site importance. Disturbance to bats There are no foreseeable impacts from the decommissioning of the fence to any bats that may continue to use the quarry. Disturbance to other species If invasive plant species are still present in the Quarry there remains the potential for the spread of these through the decommissioning activities. However, the risks can be easily managed through using an appropriate decommissioning methodology and control of invasive plant species prior to decommissioning taking place The removal of the fence would allow dog walkers to start using the site with the potential for disturbance to any ground nesting birds present. 5.6 Cumulative assessment Other projects to be considered As noted previously, full details of the management and operation of the Quarry are yet to be finalised but will be in accordance with the ROMP. This section considers only whether the impacts of the Project will significantly increase potential impacts resulting from the resumption of active quarrying at the Quarry. Construction Disturbance to Coverack to Porthoustock SSSI The impacts of constructing the Project will not increase the significance of any potential impacts on Coverack to Porthoustock SSSI of resuming active quarrying at Dean Quarry. Disturbance to habitats The impacts of constructing the Project will not increase the significance of any potential impacts on habitats of resuming active quarrying at Dean Quarry. Page 68

75 Disturbance to bats The impacts of constructing the fence does not increase the significance of any potential impacts on habitats of resuming active quarrying at Dean Quarry Disturbance to other species The impacts of constructing the Project will not increase the significance of any potential impacts on species of resuming active quarrying at the Quarry. Operation Disturbance to Coverack to Porthoustock SSSI The existence of the Project will not increase the significance of any potential impacts on Coverack to Porthoustock SSSI of resuming active quarrying at the Quarry. Disturbance to habitats The existence of the Project will not increase the significance of any potential impacts on any habitats of resuming active quarrying at the Quarry. Disturbance to bats The existence of the Project will not increase the significance of any potential impacts on any habitats of resuming active quarrying at the Quarry. Disturbance to other species The existence of the Project will not increase the significance of any potential impacts on any habitats of resuming active quarrying at the Quarry. Decommissioning With respect to any decommissioning of the Project, the continued need to fence Dean Quarry would be reviewed in line with the condition attached to the extant planning permission for quarrying at Dean Quarry. This restricts the life of quarrying to 8 August 2035, with the Quarry thereafter to be restored in accordance with an approved restoration scheme The continued need to fence Dean Quarry would therefore be reviewed at that time in order to ensure that the type and location of perimeter fencing was commensurate with the level of risk associated with the restored quarry. Disturbance to Coverack to Porthoustock SSSI Page 69

76 Any impacts associated with any decommissioning of the Project will not increase the significance of any potential impacts on the Coverack to Porthoustock SSSI of decommissioning the Quarry. Disturbance to habitats Any impacts associated with the decommissioning of the Project will not increase the significance of any potential impacts on habitats of decommissioning the Quarry. Disturbance to species Any impacts associated with the decommissioning of the Project will not increase the significance of any potential impacts on species of decommissioning the Quarry. 5.7 Summary of Impacts and the requirements for mitigation and monitoring A summary of the impacts of the Project and any mitigation or monitoring that may be required for significant impacts are outlined below and detailed within Table 5.5. Construction and Operation No significant impacts were identified for construction and operation of the Project and as such, no mitigation or monitoring is required. However, mitigation was embedded into the design and construction methodology of the Project in the form of limiting construction areas; using existing roads to access the Project; siting the fence where feasible to avoid sensitive habitats; limiting the extent of the fence to that required for health and safety thus allowing existing natural features to act as barriers to public access; and working outside sensitive seasons e.g. the breeding bird season. Decommissioning impacts ground nesting birds No significant impacts were identified for the potential decommissioning of the Project and as such, no mitigation or monitoring will be required The removal of the Project may allow people to start using the Quarry for dog walking which has the potential to increase disturbance to ground nesting birds. A breeding bird survey should be carried out before decommissioning to assess the numbers of ground nesting birds. If there are ground nesting birds then mitigation will need to be implemented, this can take several forms e.g, banning dogs from the site, requesting people to keep dogs on leads during the nesting season, keeping the most sensitive areas dog free. These could be implemented through a management plan for any restored quarry. Page 70

77 Enhancement There is one Schedule 9 non-native invasive species present within the survey area for the fence, montbretia, which is an offence to cause it to spread in the wild A survey of the coastal strip including the coastal footpath will be undertaken to map all the locations of montbretia and this will be used to prepare a plan for the control and eradication of this plant along the coastal strip. 5.8 Conclusions The erection of the fence is a minor development that has had negligible impacts upon the surrounding designated sites, habitats and species. The cumulative assessment found that the negligible impacts of fence construction and operation would not increase any potential impacts of resuming quarrying operations. Page 71

78 Table 5.5 Summary of Impacts and Mitigation Phase Receptor and pathway Potential effect without Construction Construction Construction Construction Operation Operation Coverack to Porthoustock SSSI (national importance) direct habitat loss Other habitats (local and site importance) disturbance/ habitat loss Bats (county importance) - disturbance Other species (local and site importance) - disturbance Coverack to Porthoustock SSSI no pathway identified Other habitats (local and site importance) no pathway identified mitigation No impact No impact Duration/ reversibility Short term, temporary, irreversible Short term, temporary, irreversible Mitigation Residual effect Significance of effect None required None None High None required None None High Insignificant Short term, temporary, reversible None required None None High No impact Short term, None required None None High temporary, irreversible N/A N/A N/A N/A N/A High N/A N/A N/A N/A N/A High Confidence Operation Operation Bats (county importance) - disturbance Other species (local and site importance) - disturbance No impact Insignificant Long term, reversible Long term, reversible None required None None High None required None None High

79 Phase Decommissioning Decommissioning Decommissioning Decommissioning Receptor and pathway Coverack to Porthoustock SSSI - disturbance Other habitats (local and site importance) disturbance Bats (county importance) - disturbance Other species (local and site importance) disturbance of invasive species and ground nesting birds Potential effect without mitigation No impact No impact No impact Insignificant Duration/ reversibility Short term, temporary, reversible Short term, temporary, reversible Short term, temporary, reversible Long term, reversible Mitigation Residual effect Significance of effect None required None None High None required None None High None required None None High Breeding bird survey prior to decommissioning in order to determine whether groundnesting birds are present. Further mitigation may be required to prevent disturbance. Enhancement measure proposed to control and eradicate monbretia None Minor beneficial Confidence High Page 73

80 5.9 References Bright, P.W., Morris, P.A. & Mitchell-Jones, A.J. (2006) The Dormouse Conservation Handbook. Second Edition. English Nature, Peterborough. Chanin, P. & Woods, M. (2003) Surveying Dormice using nest tubes: Results and experiences from the South West Dormouse Project. English Nature Research Report 524. English Nature, Peterborough. CBI [Cornwall Biodiversity Initiative] (1997) Cornwall s Biodiversity Volume 1: Audit and Priorities. Cornwall Wildlife Trust, Truro. CBI [Cornwall Biodiversity Initiative] (1998) Cornwall s Biodiversity Volume 2: Action Plans. Cornwall Wildlife Trust, Truro. CBI [Cornwall Biodiversity Initiative] (2004) Cornwall s Biodiversity Volume 3: 2004 Action Plans. Cornwall Wildlife Trust, Truro. Cornwall Biodiversity Initiative (CBI) 2011 Cornwall Biodiversity Action Plan Volume 4 Priority Projects. CEC [Council of the European Communities] (1979) Council Directive 79/409/EEC on the Conservation of Wild Birds [Referred to as EC Birds Directive]. Official Journal of the European Communities: L103. CEC [Council of the European Communities] (1992) Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora [Referred to as EC Habitats Directive]. Official Journal of the European Communities: L206. Cornwall Environmental Consultants Ltd (October 2009) Dean Quarry, St Keverne, Ecological Assessment. Defra (2011) Biodiversity for 2020: a strategy for England s wildlife and ecosystem services. Eaton M. A., Aebischer, N., Brown, A., Hearn, R., Lock, L., Musgrove, A., Noble, D., Stroud, D. & Gregory, R. (2015) Birds of Conservation Concern 4: The population status of birds in the United Kingdom, Channel Islands and Isle of Man. British Birds December Groves D. (ed.) (2013) The Mammals of Cornwall and the Isles of Scilly. ERCCIS, Truro HM Government (1981) The Wildlife and Countryside Act HMSO, London. HM Government (1985) The Wildlife and Countryside (Amendment) Act HMSO, London. HM Government (1989) The Wildlife and Countryside 1981 (Variation of Schedule) Order HMSO, London. HM Government (1991) The Wildlife and Countryside (Amendment) Act. HMSO, London. HM Government (1992 a ) Statutory Instrument 1992 No [Variations to Schedules 5 and 8 of the Wildlife and Countryside Act]. HMSO, London. HM Government (1992 b ). Protection of Badgers Act HMSO, London. HM Government (1994) The Conservation (Natural Habitats, & C) Regulation HMSO, London.

81 HM Government (1997) Statutory Instrument 1997 No The Hedgerow Regulations HMSO, London. HM Government (1998) Statutory Instrument 1998 No. 878 [Variations to Schedules 5 and 8 of the Wildlife and Countryside Act]. HMSO, London. HM Government (2000) The Countryside and Rights of Way Act HMSO, London. HM Government (2004) Statutory Instrument 2004 No [The Wildlife and Countryside Act (England and Wales) (Amendment) Regulations 2004]. HMSO, London. HM Government (2006) The Natural Environment and Rural Communities Act HMSO, London. HM Government (2010) The Conservation of Habitats and Species Regulations HMSO, London. CIEEM (2016) Guidelines for Ecological Impact Assessment in the UK and Ireland: Terrestrial, Freshwater and Coastal, 2 nd edition. Chartered Institute of Ecology and Environmental Management, Winchester JNCC [Joint Nature Conservation Committee] (2010) Handbook for Phase 1 Habitat Survey - A Technique for Environmental Audit. JNCC, Peterborough Plantlife (2010) Here Today, Here Tomorrow? Horizon Scanning for Invasive Non-native Plants. Page 75

82 6 Landscape and visual 6.1 Introduction This assessment has identified specific impacts raised by the Project, considered the effects of these impacts upon the landscape character and visual amenity of the area, and where appropriate outlined mitigation measures to minimise the overall impact The location of the fence and the sections referred to during the LVIA are identified on Figure 5.1. Section 1 refers to the fence around the inland access from the road on the western boundary of the quarry while Section 2 refers to the longer length of fence on the seaward, eastern side of the quarry. For the purposes of discussion during the LVIA, Section 2 has been split into two further sections; 2a to the south of the existing jetty and 2b to the north. Further details of the Project are available in Chapter 3 Site Selection, Option Appraisal and Project Description. 6.2 Legislation, policy and guidance Landscape designations contribute to the value of a particular landscape when considering their sensitivity to development, those relevant to the Project are discussed below. Also discussed are any aspects of planning policy or guidance that are of particular relevance to the LVIA, as they also contribute to the value of the landscape in question or the intentions of its future management. Full details of the planning context are set out in Chapter 4. National landscape designations/legislation The concept of AONB s was established in the National Parks and Access to Countryside Act 1949 when they were designated solely on account of their beauty so does not include a requirement to allow extensive outdoor recreation and public access. This 1949 Act also offer protection to National Trails such as the South West Coast Path (SWCP) providing high-quality routes connecting the UK s finest landscapes, designed to allow long-distance off-road journeys on foot The Countryside and Rights of Way Act (CRoW Act) 2000 confirmed the importance of AONB s and reinforced the responsibility of the local authority to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the AONB. The CRoW Act also made it a statutory requirement that all AONB s had management plans that are subject to review every five years. National policy In March 2012 the NPPF was released with the intention to enforce that the purpose of planning is to help achieve sustainable development. The aims of the NPPF are not just applicable to the built environment. It states that our natural environment is essential to our wellbeing, and it can be better looked after than it has been as well as our historic environment buildings, landscapes, towns and villages can be better cherished if their spirit of place thrives, rather than withers.

83 6.2.5 One of the three roles or dimensions of the planning system as stated within this document setting out National Government policy is: an environmental role contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy In Requiring Good Design the NPPF states that planning policies and decisions should aim to ensure that developments: will function well and add to the overall quality of the area, not just in the short term but over the lifetime of the development; establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of like or community cohesion; and are visually attractive as a result of good architecture and appropriate landscaping. [Para. 58] And goes on to explain that planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment [Para. 61] On Conserving and Enhancing the Natural Environment the NPPF states that the planning system should contribute and enhance the natural and local environment by: protecting and enhancing valued landscapes recognising the wider benefits of ecosystem services; minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures [Para. 109] Paragraphs 113 to 116 elaborate on this. On the importance of designations paragraph 113 states that Local planning authorities should set criteria based policies against which proposals for any development on or affecting protected wildlife or geodiversity or landscape areas will be judged. Distinctions should be Page 77

84 made between the hierarchy of international, national and locally designated Sites, so that protection is commensurate with their status and gives appropriate weight to their importance Paragraph 116 states that planning permission should be refused for major developments in these designated areas except in exceptional circumstances and where it can be demonstrated they are in the public interest. Consideration of such applications should include an assessment of: the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy; the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated Following on from the Core Principle regarding character of different areas and recognising the intrinsic character of the countryside, some aspects of landscape character are dealt with under sections relating to the historic environment. Paragraph 126 indicates that local planning authorities should take into account the desirability of new development making a positive contribution to local character and distinctiveness., and paragraph 170 states that Where appropriate, landscape character assessments should also be prepared, integrated with assessment of historic landscape character, and for areas where there are major expansion options assessments of landscape sensitivity With specific reference to Facilitating the sustainable use of minerals point 3 of paragraph 144 of the NPPF sates that when determining planning applications, local planning authorities should ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effects of multiple impacts from individual sites and/or from a number of sites in a locality. It is accepted that this relates to the quarry workings themselves but could also be applied to any associated development, particularly in this case where Permitted Development Rights have been removed due to being located within the AONB. Local policy The Cornwall Local Plan was adopted in November 2016 and contains Strategic Policies covering the period of Those relevant to the Project and this LVIA are included below Policy 12: Design The council is committed to achieving high quality safe, sustainable and inclusive design in all developments. Development must ensure Cornwall s enduring Page 78

85 distinctiveness and maintain and enhance its distinctive natural and historic character. Development should demonstrate a design process that has clearly considered the existing context, and how the development contributes to the social, economic and environmental elements of sustainability through fundamental design principles. 1. As part of a comprehensive place-shaping approach, proposals will be judged against fundamental principles of: a. character creating places with their own identity and promoting local distinctiveness while not preventing or discouraging appropriate innovation. Being of an appropriate scale, density, layout, height and mass with a clear understanding and response to its landscape, seascape and townscape setting The local plan does include some policies regarding minerals. The only one that has any relevance to landscape in general is given below. Policy 17: Minerals general principles 7. All mineral development should enable progressive and effective reclamation at the earliest opportunity, taking into account aviation safety, for appropriate and beneficial after-uses that; i. Contribute to and enhance the natural and local environment including, ecosystem services and networks, ii. Conserve and enhance heritage assets and protect and enhance valued landscapes, geological conservation interests and soils, iii. Have the potential for wider community benefits Policy 23 Natural Environment 1. Development proposals will need to sustain local distinctiveness and character and protect and where possible enhance Cornwall s natural environment and assets according to their international, national and local significance. 2. Cornish Landscapes Development should be of an appropriate scale, mass and design that recognizes and respects landscape character of both designated and undesignated landscapes. Development must take into account the respective sensitivity and capacity of the landscape asset, considering cumulative impact and the wish to maintain dark skies and tranquility in area that are relatively undisturbed, using guidance from the Cornwall Landscape Character Assessment and supported by the descriptions of Areas of Great Landscape Value. In areas of undeveloped coast, outside main settlements, only development requiring a coastal location and that cannot be achieved elsewhere, will be acceptable. a. The Cornwall and Tamar Valley Areas of Outstanding Natural Beauty Page 79

86 Great weight will be given to conserving the landscape and scenic beauty within or affecting the setting of the AONB. Proposals must conserve and enhance the landscape character and natural beauty of the AONB and provide only for an identified local need and be appropriately located to address the AONB s sensitivity and capacity. Proposals should be informed by and assist the delivery of the objectives of the Cornwall and Tamar Valley AONB Management Plans including the interests of those who live and/or work in them. Major development in the AONB will be refused subject to the tests of exceptional circumstances and where it can be demonstrated that the development is in the public interest as set out in national policy. 4. Avoidance, mitigation and compensation for landscape, biodiversity and geodiversity impacts Development should avoid adverse impact on existing features as a first principle and enable net gains by designing in landscape and biodiversity features and enhancements, and opportunities for geological conservation alongside new development. Where adverse impacts are unavoidable they must be adequately and proportionally mitigated. If full mitigation cannot be provided, compensation will be required as a last resort Some of the Policies from Cornwall County Councils Minerals Local Plan adopted in March 1998 have been saved as part of the new Local Plan so are still relevant. Policy E3 states that minerals development in an Area of Great Landscape Value will not be permitted unless the benefits of the development clearly outweigh the detrimental effects on the landscape, having taken account of measures to mitigate the impacts. This is the only landscape policy that has been saved and is not relevant to this assessment as there is no Area of Great Landscape Value (AGLV) present within the study area. The policy referring to mineral development within the AONB has not been saved so the relevant policy is Policy 23 of the Local Plan identified above Cornwall Council has prepared a Minerals Safeguarding Development Plan Document (DPD) that is currently under consultation, so is not yet adopted, which includes Dean Quarry for safeguarding and the relevant area is illustrated on Map A8 in the appendix that accompanies the DPD. Guidance The current Cornwall AONB Management Plan was produced by the Cornwall AONB Partnership and others and was adopted by Cornwall Council in May This sets out the agenda for management of this protected landscape and includes general policies across the AONB. Those relevant to the Project are contained within the heading of Managing Development and include: Page 80

87 i. MD10: Quarrying and mineral extraction within the AONB or within its setting should conserve and enhance the landscape character and natural beauty of the area. Support the landscape restoration of existing mines and quarries, to enhance natural beauty by imposing appropriate new planning conditions through the Review of Mineral Planning Permissions. The AONB is then split into 12 separate areas located across Cornwall and the Management Plan includes descriptions and policies for each one. Those relevant to the Project and this LVIA are included below. ii. iii. SCW8.02: Ensure that any new proposals for mineral extraction and quarrying, such as at Dean Quarry, do not adversely impact upon the scenic beauty, special qualities, landscape character and tranquility of this section of the AONB and the Manacles Marine Conservation Zone. SCW8.04: Encourage characteristic inclusion of local materials and vernacular design in new development, public realm, highways works and public rights of way infrastructure using granite, serpentine, gabbro and schists as appropriate to reflect the varies geodiversity of this section. 6.3 Outline assessment methodology Assessment Criteria In order to establish the degree of change arising from the Project and the extent to which that change will affect the area, it is important to understand the existing situation in terms of the local landscape character as well as users and the visual amenity of the study area. This information is obtained through a combination of desktop research and field survey. Judgements regarding the sensitivity of individual receptors, the magnitude of change and the significance of any effects are made in reference to standard guidance found in the Landscape Institute and Institute of Environment Management and Assessment, Guidelines for Landscape and Visual Assessment, Third Edition (2013), (GLVIA3). A detailed methodology including tables and explanations of the levels of judgements can be found in Appendix 6.3 but an outline to the approach taken to this LVIA is provided below. Landscape Landscape sensitivity is categorised as High, Medium, or Low, according to the degree to which a particular landscape receptor can accommodate change arising from a particular development without detrimental effects on its character. This is judged by combining the susceptibility of individual landscape receptors to the type of change or development proposed with the value attached to that receptor through protection by designations or contribution at a local to national level. Page 81

88 6.3.3 For example, the Cornwall AONB South Coast Western has a national level of value and protection due to its designation under the National Parks and Access to Countryside Act The character and aesthetic beauty of the area is highly susceptible to change and more likely to experience undue consequences resulting from development due to its designation but in this case is experienced within the context of the existing quarry and ongoing activities within, so is considered to be medium Magnitude of change to the landscape character is measured on a scale of High, Medium or Low by considering the scale of effect to the baseline situation with the duration over which it is likely to occur and the geographic extent of the change measured by the distance over which the change will be noticeable or proportion of the receptor that will experience the change The scale of effect will be assessed by considering the degree to which each landscape feature is likely to be affected, taking into account the ease with which features could be replaced, and the contribution each feature makes to local landscape character. These aspects are difficult to quantify and their assessment depends largely on professional judgement The overall significance of the landscape effects is established by comparing the sensitivity of the landscape receptor against the magnitude of change which is then expressed as Slight, Moderate or Major and whether it is considered to be a Beneficial or Adverse effect based on the nature of the change. Visual Sensitivity is categorised as High, Medium, or Low, according to the degree to which a particular viewpoint or receptor can accommodate change arising from the Project without detrimental effects on its visual amenity. This is judged by considering the susceptibility of the visual receptor to the type of change or development proposed with the value attached to that route or location with particular regard to the type and number of users The magnitude of change is measured on a scale of High, Medium or Low. It is determined by considering the scale of effect including the distance from the receptor and the degree of change in the field of vision against the duration of activity/change apparent from each receptor and the extent of the receptor affected which may be a single viewpoint or a sequence of points that may have transient views, for instance along a road The visual assessment focuses on the visual impacts upon public viewpoints and the viewpoints chosen a r e representative of views in which the fence is visible, none are included in which the fence is not be visible. The effect to visual receptors is established by summarising the scale of effects to the specific representative Page 82

89 viewpoints throughout the study area, which are then used as visual aids to judge the effect across the extent of each visual receptor based on the field observations The overall significance of the visual effects is established by comparing the sensitivity of the visual receptor against the magnitude of change which is then expressed as Slight, Moderate or Major and whether it is considered to be a Beneficial or Adverse effect based on the nature of the change Judgements of the significance of both landscape and visual effects also relies on professional judgement and the knowledge of the assessor following field observations when considering the balance between sensitivity and magnitude of change. This is consistent with the guidance in GLVIA Based on professional judgement, a significant effect with regard to The Town and Country (Environmental Impact Assessment) Regulations 2011 (hereinafter referred to as the EIA Regulations ) is considered to be one of Moderate-Major significance or above. In the event of a Moderate significance a judgement will be made as to whether this is considered to be significant or not. Consultation A retrospective Scoping Opinion was sought from Cornwall Council regarding the erection of a perimeter fence at Dean Quarry, St Keverne. This took into account responses from a number of consultees including Cornwall AONB Team, Cornwall Council Environmental Protection Officer, Cornwall Council Landscape Officer, Countryside Access Team (Public Rights of Way), Natural England and the Environment Agency, plus others. The full Scoping Opinion including consultee responses relating to landscape and visual impact can be found at Appendix 2.1 but the responses were summarised by the Head of Planning and Regeneration in the Scoping Opinion and an excerpt has been included in Table 6.1. Table 6.1 Summary of consultation responses for Landscape and Visual Consultee Date of Response Consultation Response Cornwall Council 28 October 2016 Scoping Opinion The key consideration is whether the proposed change, in respect of the erection of the fence, would impact on the natural beauty of the AONB and whether the requirement to conserve and enhance its character is met. SOQ Response Included in the assessment Page 83

90 Desk study/survey The study area covers a 1km radius, radiating out from the approximate centre of the quarry, shown in Figure 6.3 This distance has been defined as the furthest distance that the fence would be discernible and considered suitable after initial desktop study of the areas topography and later confirmed on site after evaluating views available within this area A desktop review of the study area was undertaken including analysis of Multi- Agency Geographic Information for the Countryside (MAGIC) data sets and Cornwall Council s interactive map. The review identified the receptors and statutory designations that fall within the 1km radius study area. Locations are shown in Figure The existing visibility of the fence was initially assessed by a desktop study of Ordnance Survey explorer maps in order to establish the extent to which the Project would affect the visual amenity of the study area. This work was based around the production of a Zone of Theoretical Visibility (ZTV), a computer generated map using landform data to project the greatest extent that the fence would be visible from. This was tested over a 1km radius using a multiple points set at 1.9m high along the length of the fence locations. The ZTV was used as a desktop tool as it uses bare ground data only and is therefore a worst case scenario and any intervening hedges, woodlands and buildings reduces visibility considerably This was followed by photographic and fieldwork analysis of the visibility of the fence from the surrounding landscape, carried out on Wednesday 7 December The objective was to determine which locations offer the clearest views of the fence and are most accessible to the public. The Zone of Visual Influence (ZVI) is defined as the extent of where elements of the fence are visible based on topography and existing landscape features as observed during the fieldwork. Limitations of assessment and assumptions Field observations found that views of the fence were available from some locations outside of the ZTV that was produced as part of the desktop study. This could be due to discrepancies between the topographical information available to the software used to generate the ZTV and the topography in reality on the ground as a result of quarrying activities. Therefore, locations and receptors outside of the ZTV were also visited to assess the views available. Two locations that offer views of the fence outside of the ZTV have been included in the LVIA and are identified on Figure Page 84

91 6.4 Baseline conditions The following are the receptors found within the study area that are likely to experience effects as a result of the Project. Cornwall Area of Outstanding Natural Beauty (AONB) The entire study area is covered by the Local Section identified as South Coast Western as part of the wider Cornwall AONB. Within Cornwall this designation is split into 12 Local Sections spread across the county with the Management Plan containing a Statement of Significance for each that sets out the qualities and characteristics that makes that section as a whole recognisable, distinctive and different from the surrounding areas The statement of significance can be used as landscape character evidence base to judge impact (or harm) to the AONB from development or other activity as the guide to help tailor positive activity to conserve and enhance the area. The South Coast Western local section comprises an area of 192 square km (19,300 hectares) The South Coast Western local section of the AONB is described as large, wideranging and diverse, extending from Marazion in the west to the outskirts of Falmouth (Maenporth) in the east and includes the entire Lizard Peninsula and the Helford Estuary. This local section has been split further into three distinct landscape areas that share landscape characteristics but still have enough in common to be considered a part of the South Coast Western section as a whole. The study area falls within the part of this local section identified as The Lizard Peninsula The statement of significance has been summarised into Key Characteristics and included in the table that can be found in Appendix 6.3 along with a description of the representation of each of those characteristics within the study area, with particular reference to the Site and the Project. In discussing the Condition of the South Coast Western local section the Management Plan does point out that largescale quarrying operations between Dean Point and Porthallow are poorly integrated into the surrounding landscape with the potential future pressures anticipated on tranquility, scenic beauty, wildlife habitat, flora and the adjoining Marine Conservation Zone. National Landscape Character The 'Character of England Landscape, Wildlife and Cultural Features Map' was produced in 2005 by The Countryside Agency. This map subdivides England into Joint Character Areas (JCA s) providing a picture of the differences in landscape character at the national/regional scale. These have since been reviewed and updated by Natural England ( ) and categorised into National Character Area (NCA) Profiles. These profiles do contain Key Characteristics but at this broad Page 85

92 scale the proposals would have little effect so they will not be taken forward into the assessment. They have been included here for reference The entire study area is contained within NCA 157 The Lizard which is described as extending into the English Channel, forming the most southerly point of England; it is surrounded on three sides by the sea and provides the deep water shelter for Falmouth Bay. Half of the northern boundary of the National Character Area (NCA) is formed by the Helford River which separates The Lizard NCA from the adjoining Cornish Killas NCA. Functional links to the rest of Cornwall are limited to the A3083 linking Lizard Point with Helston, the area s largest town, which lies within the Cornish Killas NCA. A summer ferry links the north and south banks of the Helford River at Helford Passage. Panoramic views are afforded from the Lizard along the southern coast of Cornwall both west towards the West Penwith area and east towards Dodman Point in the Cornish Killas NCA. There are also views of the Lizard from the elevated inland Carnmenellis NCA. The lowland, inland parts of the NCA have many features in common with the southwest part of Cornwall immediately to the north of the Helford River, including a network of small fields bounded by Cornish hedgebanks and narrow tree-filled valleys. Views of the Lizard from the coast to the west and east provide a very characteristic profile of what appears to be a flat tableland edged by near vertical cliffs The key characteristics are: the landform is a gently undulating, sparsely inhabited, exposed flat plateau leading to incised valleys to the west and sandy beaches to the east. Coastal exposures such as coves and reefs are maintained by the action of the sea; the southern half of the Lizard comprises metamorphic and igneous rocks, including serpentinite, schist, gabbro and granite gneiss, which were faulted up against Devonian slates, along a boundary running roughly between Mullion Island and Nare Point. The serpentinite rocks represent the remnants of part of an ancient ocean floor (or ophiolite) into which the other igneous rocks were intruded; stunted patches of broadleaved woodland are found in the steep valleys which dissect the moorland. Small woodlands and copses occupy the more sheltered valleys on the lower lying land. Recent conifer plantations disrupt the generally treeless plateau; a mosaic of enclosed pasture with rough grazing fringes the plateau while more productive land is dominated by pasture, with some arable; internationally important heathland sites occur with relatively large areas of Cornish heath Erica vagans. Heathland with heather and moorland grasses dominates the plateau and there is an almost unbroken stretch of species-rich Page 86

93 coastal vegetation supporting a mosaic of grassland, scrub and cliff-ledge communities; over 250 species of national or international conservation importance are found here, many restricted to the Lizard or to Cornwall, or to the south-west of England. These include plants such as Cornish heath and invertebrates such as the rare mason wasp; neolithic chambered tombs, ritual monuments, barrows and standing stones from the Bronze Age scatter the downs, across which run ancient trackways to surrounding settlements. Inland there is a scattering of prehistoric defended farming hamlets (rounds). Traditional buildings are simple, constructed of local stone and thatch. Settlement pattern is dispersed and linked by minor lanes, with ancient hamlets and farmsteads concentrated in the valleys and main settlements along the coastline; the area s wild and rugged character as well as the outdoor recreational opportunities presented by heathlands and coast, the 240 km of rights of way including the South West Coast Path and 2,450 ha of open access and common land and sandy beaches make it a significant tourist destination; and the satellite dishes of the Earth Station and wind turbines at Bonython wind farm are dominant features on Goonhilly Downs and key to the character of the area. Regional Landscape Character The Cornwall & Isles of Scilly Landscape Character Study divides Cornwall into 40 Landscape Character Areas (LCA s) which share key characteristics The entire study area is contained within CA08 North East Lizard Peninsula which is described as a high plateau incised by several small valleys, influenced by its proximity to the coast in the east, the Helford River to the north and the downland to the south. Farming is mainly pastoral, mixed with much arable and some remnant areas of rough grazing. There is a strong field pattern of medium to large irregular fields on the plateau bounded by tall stone faced Cornish hedges with trees. In the valleys, fields become smaller with more sinuous boundaries. The coast is wild and rugged with low indented cliffs that descend into the sea forming rocky reefs with a few sandy beaches. Above the cliffs are pasture fields, remnant coastal heath and coastal rough ground. The north west of the area is a designed landscape dominated by the Trelowarren estate with its gardens and ornamental woodland planting. The valleys that drain from the plateau to the coast and the Helford River are variable in size with larger, shallower valleys having rounded sides and convex slopes, supporting pasture and horticulture with woodland in the valley floor. Some valleys are very narrow and incised and almost all are well wooded, giving a very intimate character. Tight, winding lanes snake through the valleys, enclosed and shaded by tall Cornish hedges with trees. There are no large settlements, although modern Page 87

94 development on the plateau is occurring. Settlement here is a mix of small villages and former medieval farming hamlets, now no more than scattered farms, some surrounded by tree planting. Nucleated villages exist on the plateau, including the churchtowns of St Martin in Meneage and St Keverne which sit at opposite ends of the character area. Coastal villages have grown up around fishing and later, quarrying and recreational boating. Local vernacular is of lime rendered granite or cob with slate and thatch roofs Under the heading of Land Use it states that there are extensive quarries on the coast Between Lowland Point and Porthallow. The largest and most active is Dean Quarry at Dean Point. It is mentioned again as a Distinctive Feature where it explains that the excavations themselves have deformed the cliffs, although where these have now become re-vegetated they now form characteristic features. As part of the Visions and Objectives the description concludes with stone extraction has altered the cliffs on the coast. The objective must be to maintain the sense of tranquility by restraining development in the settlements and managing the extraction industry sustainably Quarries such as this have become synonymous with this part of the landscape although under Condition it goes on to say that mineral extraction is localised but of high impact The Key Characteristics have been included in the table that can be found in Appendix 6.3 along with a description of the representation of each of those characteristics within the study area, with particular reference to the Site and the Project, but have also been included here for reference The key characteristics are: contrasting landscape of open farmed plateau and small hidden valleys; small steep-sided valleys which are very heavily wooded; medium to large, irregular field pattern on the plateau with a smaller, more irregular field pattern in the valleys; plateau and valleys more sheltered and with more tree cover than south Lizard; groups of trees around farms and areas of estate and ornamental woodland planting; mixed farming with Cornish hedges with mature trees on the plateau; mainly pasture, with significant areas of arable and some rough grazing; very narrow winding lanes bounded by high Cornish hedges and hedge trees; few nucleated villages and isolated farmsteads with fishing villages at the coast; and low indented cliffs and reef rocks with some sandy beaches and remnant coastal heath/ coastal rough ground on the coastal strip. Page 88

95 National Trails The South West Coast Path (SWCP) is 1014km long (630 miles) and runs from Minehead in Somerset to Poole in Dorset following the coastline through Devon and Cornwall and was created in the 1970 s by uniting footpaths that were already in existence following the coastline to create what is now one the longest national trails in the country. Within the study area it runs between Coverack and Porthoustock immediately adjacent Dean Quarry, on the seaward side between the sea and the quarry over the cliffs with Section 2 of the fence along its boundary. To the south of the quarry, from Coverack, the SWCP follows the coastline and around Lowland Point, but to the north of the quarry it actually turns inland to Rosenithon before heading to Porthoustock, so does not follow the coastline around Manacle Point/Porthoustock Point or run immediately adjacent to West of England Quarry, to the north-east of Dean Quarry. It was clear during the field survey that this section of the SWCP is well used and is likely to be used regularly in the summer and during tourist periods. Public Rights of Way (PRoW) The OS plan shows a footpath running the Dean Quarry connecting from the SWCP to the road that provides access to the quarry on its inland side however, this footpath as been diverted to the south of the quarry due to the activities taking place within. This diverted footpath is identified as PRoW no. 228/66/1. It is at a low level as it leaves the SWCP at the coast and rises as it follows the natural topography along the boundary of the quarry with a length of approx. 730m allowing glimpsed views of Section 2 of the fence through intervening vegetation and across the quarry. During the field survey there was clear evidence that the footpath is used and is likely to be particularly well used by the local community To the west of the quarry the OS plan also shows a route to Treglohan from the road before heading off to Trebarveth with a total length of approx. 1.1km, this is identified as PRoW no. 228/66/3. Within the vicinity of the site this PRoW also provides vehicular access to Treglohan and has now become part of the diverted route to the SWCP around the quarry. From this PRoW views of the part of the fence identified as Section 1 can be obtained. Local Roads The local road providing access to the quarry allows for views of Section 1 of the fence as it is approached. This would primarily be used by local residents in vehicles and on foot accessing nearby properties but may also be used by other walkers making use of the footpath network. This road has a total length of approx. 700m. Page 89

96 Access Land There is an area of access land on the edge of the study area to the south west of the quarry but it is not covered by the ZTV and field observations established that views of the fence are not available, so it will not be considered further in the assessment. Other Accessible Areas Just off of the PRoW no. 228/6/3 is an informal picnic area that has been created on land within the ownership of the quarry and is open to the public that use the surrounding footpaths. Section 1 of the fence defines the boundary of this picnic area from land within the quarry. Prior to, and in the early years of the quarry, this area was adjacent agricultural land where views out were likely to have been obscured by intervening boundary vegetation. The views of the landscape and sea beyond that are now available have been deliberately provided by removing vegetation from this boundary. Value The study area is part of a landscape that is considered to have high scenic value which is recognised through the AONB designation that covers the wider area. This scenic beauty is particularly evident on the seaward side of the quarry and considered to be rare due to its aesthetically pleasing composition. This is represented further by the presence of the well-used SWCP following the coastline, making this an easily accessible landscape and a popular recreational resource. Lowland Point, to the south of the quarry and within the study area, is land under the ownership of the National Trust making it a potential destination for visitors and locals. Part of this area is open access for public, as identified by the orange outline on the OS Plan, but in reality access is restricted by topography and landscape features. Due to the nature of this landscape and the presence of the SWCP there is a strong visual intactness along the coastline, but the visual environment inland is more enclosed as a result of narrow lanes bounded by Cornish hedgebanks and areas of woodland Lowland Point is also identified as part of The Lizard National Nature Reserve and the whole of the coastline is identified as a SSSI with that within the study area, including Dean Quarry, being covered by the Coverack to Porthoustock SSSI. On the southern edge of the study area is a Scheduled Monument (SM) identified as multiperiod archaeological landscape of settlements, field systems, flint working, salt working and pottery production 450m SSE of Trevarbeth which is also the area of access land discussed above. There are a number of Grade II Listed Buildings located on the inland side of the quarry and field observations established that there is no inter-visibility between those properties and the fence. The Cultural Heritage Page 90

97 chapter provides further information on any impacts to the Scheduled Monument and Listed Buildings as a result of the Project. The features identified here are used to illustrate the value of the area but will not be subject to specific assessment in this LVIA It is considered that the study area is part of a landscape of High Value. Character and visual environment Dean Quarry is not representative of the character of the wider area but is recognised as being a part of the AONB. The AONB Management Plan makes mention of several large stone quarries where excavations into the cliffs have significantly transformed the landscape of the area but also stating that they are poorly integrated into the surrounding landscape. Dean Quarry is an obvious and detracting feature in the landscape but this activity has become synonymous within the area contributing to its character, particularly how the landscape has changed over time as a result of the human activity taking place. The quarry s influence on the surrounding study area is actually limited to the immediate vicinity, due to effective screening provided by the revegetated spoil tips that currently help to integrate the quarry into the cliffs along the coastline Currently the quarry itself is only evident as an access point on its inland side (VP 01) so is experienced in the main from the seaward side. From this side, along the SWCP, the quarry is most evident from the footpath as it runs along Section 2b of the fence (VP s 05d-e), to the north of the jetty, where there are clear views of some of the excavated faces within. Further to the north views into the quarry are screened by the spoil tip that has been created on this side. To the south of the jetty, along section 2a, the quarry is evident but less apparent as views into it from the footpath are screened by surrounding vegetation and mounding that has been formed along the boundary of the quarry (VP 05c). The concrete structures associated with the quarry, around the location of the jetty, are clearly experienced in close proximity when passing along the SWCP, but are also apparent in views from along the footpath to Lowland Point along the coast to the south (VP s 05ab). In these views from the south, the quarry itself is screened to some extent by the revegetated spoil tip created on this side which also helps it to integrate into the surrounding landscape The visibility of the fence that is the subject of this LVIA will be discussed later as part of the Effects of the Project. Page 91

98 6.5 Assessment of impacts Features affected Table 6.2 summarises the designations/features identified above as landscape and/or visual receptors and attributes a sensitivity to them with a rationale for that judgement. Table 6.2 Receptor Sensitivity Receptor Landscape Cornwall AONB South Coast Western (The Lizard Peninsula) CA08 North East Lizard Peninsula LCA Distance from site Covers the study area Covers the study area Sensitivity High- Medium High- Medium Rationale A national designation recognised for its scenic and aesthetic beauty. Quarries are accepted as being a part of this area that have transformed the landscape and contributed to the character but are considered to be poorly integrated. The presence of the fence in this location is associated with the quarry and experienced in this context but does contribute to the quarries influence on the AONB having a potentially detrimental effect. (Value = National AONB national designation; Susceptibility to change = Medium any development has the potential to affect character although this is experienced within the context of the existing working quarry) A landscape valued at a national level as recognised through its inclusion in the AONB. Quarries are established in this landscape, although not mentioned in the Key Characteristics. The presence of the fence in this location is clearly associated with the quarry contributing to the quarries influence on this landscape having a potentially detrimental effect. (Value = National AONB national designation; Susceptibility to change = Medium any development has the potential to affect character although this is experienced within the context of the existing working quarry)

99 Receptor South West Coast Path (SWCP) Visual Users of South West Coast Path (SWCP) Users of PRoW no. 228/66/1 Users of PRoW no. 228/6/3 Distance from site Adj. Section 2 of the fence Adj. Section 2 of the fence Adj. southern boundary of the quarry Approx. 20m from Section 1 of the fence Sensitivity High- Medium High- Medium Medium High- Medium Rationale A long distance route recognised and promoted at a national level. Due to the proximity of the SWCP to the fence its character is affected, although it would be experienced as associated with the quarry that is already established as part of this section of the SWCP. (Value = National nationally recognised route; Susceptibility to change = Medium any development has the potential to affect character although this section has always been experienced within the context of the existing working quarry) A long distance route recognised and promoted at a national level. A popular recreational resource used by walkers with plenty of opportunity for views of the surrounding landscape. Immediately adjacent to Section 2 of the fence where this length of the route already offers, and has always offered, views in the context of the altered landscape and ongoing works within the quarry. Diversion of a local footpath connecting the local network to the SWCP. Used by walkers with plenty of opportunity to experience views of the surrounding landscape. Views of the fence are available but seen at a distance and across the altered landscape of the quarry so experienced in that context. Primarily used by the local community walking and travelling in vehicles at slow speeds with plenty of opportunity to experience views of the surrounding landscape in close proximity to the fence. Page 93

100 Receptor Users of Local road accessing the quarry Users of Informal picnic area Distance from site Adj. Section 1 of the fence Adj. Section 1 of the fence Sensitivity High- Medium Medium Rationale Primarily used by the local community walking and travelling in vehicles at slow speeds with plenty of opportunity to experience views of the surrounding landscape in close proximity to the fence. Located adjacent Section 1 of the fence used by walkers of the local footpath network but not promoted at a wider level. The area has been made available for public use by previous owners of the quarry where views of the surrounding landscape have been created but are not of any particular value. There is however plenty of opportunity to experience these views by users. Page 94

101 Effects The following is a description of the effects of the Project in the absence of mitigation that would usually consider all stages, Construction, Operation and Decommissioning. As this is a retrospective application the fence has already been installed so the effects of the Project during operation are clearly evident. Those during construction have already taken place so are no longer relevant. However, due to the nature of the Project and the timescale of installation, impacts associated with construction activities would have been localised, temporary and of short duration. Construction During the site assessment there was no obvious evidence of any vegetation being removed or any other long lasting effects as a result of the construction stage of the Project. The fence appeared to be installed from inside of the ownership boundary of the quarry and where vegetation is present was installed abutting it so it was not affected. Some lengths of the fence along Section 2a are located behind mounds separating it from the SWCP that were created before the construction of the fence The presence of any plant, machinery or vehicles during its construction was small in size and the construction period was from October 2015 to February 2016 which is considered to be a Short-Term Duration. As these effects have already taken place they will not be considered further in the assessment. Operation The Project consists of two sections of galvanized chain link fencing supported by concrete posts at 2-4m intervals depending on topography. Section 1 has an approx. length of approx. 130m and Section 2 has an approx. length of approx. 570m giving a length of approx. 700m in total. The chain link fencing has a standard height of m while the concrete posts can be up to 2m above the ground The main site entrance on the inland side of the quarry was previously defined by an agricultural style double leaf metal gate with a galvanised finish and approx. 1.5m in height. This has now been replaced in Section 1 by a double leaf galvanized metal palisade style gate with a height of approx. 2.4m with galvanized metal posts at around 2.5m high. Two access points are also provided along Section 2; one in Section 2b in the location of the jetty which is also a double leaf galvanized metal palisade style gate, and another in section 2a that is currently closed off with Heras fencing The effects as a result of the Project include: The presence of an industrial style fence and gates with a number of concrete posts defining parts of the boundary of the quarry along a rural PRoW and the SWCP running along coastal clifftops that are characteristic of the AONB and LCA. The fence appears as a new element associated with the quarry whereas the spoil tips, excavated faces and even the concrete structures previously

102 constructed have revegetated or weathered, softening their appearance helping them to integrate into the surrounding landscape. Up close, all elements of the Project including the chain link fencing, the concrete posts and the palisade gates are very noticeable new elements in the landscape although the chain link fencing does allow for plenty of inter-visibility through it into the quarry. The gates are not visible from more distant locations due to screening from the surrounding topography and the further you move away from it the chain link fencing becomes less and less apparent however, the concrete posts can still be noticeable from some distant locations. The stark white concrete posts appear as a repeating man-made element at regular intervals that are in contrast with the surrounding landscape, less so when seen in the context of the quarry particularly at Section 2b but are still noticeable elements. However as the concrete posts weather over time the white colour will recede becoming less prominent. Decommissioning When quarrying at the site ceases the quarry is to be restored in accordance with an approved restoration scheme. As part of this scheme the need for the fence would be reviewed in light of the conditions of the quarry at that time. This could result in the removal of the fence or a replacement with something commensurate with the level of risk associated with the quarry during restoration and once restored, the appropriateness of which would need to be considered against the character of the study area at that time. Nature of effects The sources identified above could potentially have a variety of effects. They can be negative (adverse) or positive (beneficial); direct, indirect, secondary or cumulative and can be short, medium, long term or permanent. The effects resulting from the Project are discussed below. Type of effects In this case, due to the introduction of a new man-made feature into the landscape, the Project during operation is considered to have a Direct Adverse Effect. The Project does not involve any activities that would result in indirect or secondary effects. Any cumulative effects of the fence experienced together with the resumption of quarrying activities as a whole will be considered later in the LVIA. Timescales of effect Effects of the Project during operation will last until 2035, when permission for quarrying at the site ceases, being a period of just over 19 years from when Page 96

103 construction of the fence was completed. This is considered to be a Long-Term Duration. Effects on receptors The scale of change as a result of the Project during operation in relation to the individual designations/receptors previously identified will now be considered against the duration of that change and the extent of the receptor effected. Landscape Cornwall AONB South Coast Western (The Lizard Peninsula) The Project does not directly affect the specific Key Characteristics identified for the AONB but does occupy a location on the coastal cliffs that is characteristic and an attractive feature of the AONB landscape. It is accepted that the presence and activity of quarrying has become synonymous within this landscape but at this quarry the spoil tips and excavated faces have revegetated to varying degrees and the associated structures have been there long enough to have weathered and softened in appearance helping to integrate the quarry into the surrounding landscape. The fence is experienced in the context of the quarry, the existing structures, and the permitted quarrying activities. The fence is not completely out of keeping in these surroundings and appears more appropriate as some sort of enclosure would be expected in this situation. The fence would however be experienced as a clearly new element emphasising the presence of the quarry and the ongoing operations that have been less apparent for the previous 8 years. While the fence is experienced as a new element that is more appropriate within the context of the quarry, it is in contrast to the wider landscape character. The fence can be experienced as this new element from some distant locations, up to around 600m from the quarry boundary, where the existing quarry and associated structures are not so prominent. The result is that, while the fence is still experienced in the context of the quarry and the associated structures from these distant locations, it being a new element does help to draw attention to the quarry and increase its influence over the area. This effect of the fence will reduce over time as the posts weather and is experienced against the backdrop of the quarrying operations The Project has resulted in a recognisable new feature in the landscape, albeit not out of keeping and a less prominent element when compared to and experienced in the current context of the quarry, the associated structures and ongoing future activity. This results in a small-medium scale, long term effect to a very localised area within the AONB which results in a Low Magnitude of Change. Page 97

104 When this is compared to the High-Medium sensitivity the significance of the effect to the AONB is considered to be Slight-Moderate Adverse. This would only be experienced within the context of the quarry and its surroundings up to around 600m of its boundary. As the posts weather over the next 10 years the effects of the fence are likely to be limited to the immediate context of the quarry. CA08 North East Lizard Peninsula LCA As above the Project does not directly affect the specific Key Characteristics identified for the LCA but does occupy a location on the coastal cliffs that is characteristic and an attractive feature of this landscape. Again, the Landscape Character Assessment accepts that the activity of quarrying has become synonymous with this landscape stating that although mineral extraction is of high impact revegetated cliffs and spoil tips now form characteristic features. The fence is experienced in the context of the quarry, the existing structures as well as the ongoing quarrying activities The Project has resulted in a recognisable new feature in the landscape, albeit not out of keeping and a less prominent element when compared to and experienced in the current context of the quarry, the associated structures and ongoing future activity. This results in a small-medium scale, long term effect to a very localised area within this LCA which results in a Low Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect to the LCA is considered to be Slight-Moderate Adverse. Again, this would only be experienced within the context of the quarry and its surroundings up to around 600m of it boundary. As the posts weather over the next 10 years the effects of the fence are likely to be limited to the immediate context of the quarry. South West Coast Path (SWCP) It is not clear from the information available when this section of the SWCP was created but there may have always been a route in this location as the SWCP was formed by uniting existing footpaths along the coastline. It is clear that since the SWCP achieved national status there has always been a quarry in this location, therefore this section of the SWCP would always have been experienced within the context of a working quarry. However, the boundary of the quarry and the footpath has not previously been defined by a fence, instead making use of earth mounds and/or boulders from the quarry. With this in mind the fence is clearly a new feature along the boundary of the SWCP emphasising the ongoing operations within the quarry that have been less apparent for the previous 8 years. The fence is appropriate in the context of the quarry, the associated structures, and the ongoing quarrying activity, where some form of enclosure would be expected, the Page 98

105 fence does however contrast with the wider character of the SWCP within the study area and therefore is a recognisable element in its own right along this route The Project has resulted in a recognisable new feature along the SWCP, albeit not entirely out of keeping when experienced in the current context of the quarry, the associated structures and permitted quarrying activity. This results in a smallmedium scale, long term effect, limited to the section adjacent the quarry which results in a Low Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect to the LCA is considered to be Slight-Moderate Adverse. Visual Before considering the effects to the visual amenity of individual receptors the scale of change at operation in each representative viewpoint needs to be established, which is described in Table 6.3 Page 99

106 Table 6.3 Scale of Effects on Representative Viewpoints Viewpoint Distance, Direction Scale of Effect (Operation) 01 Main site entrance (Figure. 6.8) 02 Informal picnic area (Figure 6.9) 03 PRoW no. 228/6/3 (Figure 6.10) 04 PRoW no. 228/66/1 (Figure 6.11) 20m NW of access gate in Section 1 15m NW of Section 1 of fence on boundary of picnic area. 20m W of Section 1 of fence on boundary of picnic area. 400m NW of Section 2A of fence Medium Medium-Large Small-Medium (winter) Small-Medium (winter) Rationale Previously the access points at this location were defined by two agricultural style gates that are a common feature in the area which have now been replaced by the new access gate and fencing which has a more industrial style so is a noticeable change but where there has always been a defined access/boundary and they do still allow for visibility through to views of the landscape and sea beyond. This VP shows the comparison between the new fence and a style of fence that is more common in this landscape that integrates into its surrounding landscape. The regular pattern of stark white posts contrast and stand out against the vegetation causing a noticeable change but the chain link fencing allows for plenty of visibility through to views of the landscape and sea beyond. The new fence and posts can be seen through the intervening vegetation and appear out of place in this context, other than the sign associated with the quarry, so are more noticeable. During summer months when the trees are in leaf the fence would be completely screened from this location. The white fence posts can be seen at distance following the undulating topography of the landform along the boundary of the quarry. They are seen in the context of the altered landscape within the quarry and the associated structures. They are contained within the landscape and do not obscure any views.

107 Viewpoint Distance, Direction Scale of Effect (Operation) 05a SWCP 600m SSW of Small SM/NT/SSSI Section 2A of fence (Figure 6.12) Rationale The white fence posts are perceptible at this distance due to their contrast with the surrounding landscape and the regular pattern in which they appear. They are seen in the context of the structures associated with the quarry but they, and the quarry itself, are not prominent features in this view. They do not break the skyline or obscure any views. 05b SWCP Lowland Point/NT/SSSI 400m SSE of Section 2A of fence Small (Figure 6.13) 05c SWCP Section 2A adj. quarry access (Figure 6.14) 05d SWCP Section 2B adj. quarry access to jetty (Figure 6.15) 3m E of Section 2A of fence 5m E of Section 2B of fence Medium-Large Medium-Large The white posts and the old gates with Heras fencing are noticeable elements seen in the context of the altered landscape of the quarry. The mounding in front of the fence and within the quarry in this location has become revegetated helping to integrate the quarry into the surrounding landscape. The new gate and regular pattern of the white posts are noticeable but seen in the context of the altered landscape of the quarry that is much more apparent in itself from these locations. There has been less revegetation in this part of the quarry and the white post contrast with the stone grey of the surrounding landscape. The boulders used to define the route of the path do help to sit the fence into its surroundings to some extent. Page 101

108 Viewpoint Distance, Direction Scale of Effect (Operation) 05e SWCP 20m NNE of Medium-Large Northern end of Section 2B of fence Section 2b Rationale (Figure 6.16) Page 102

109 The scale of effect established in the table above will now be applied to the individual visual receptors considered against the duration of that change and the extent of which the receptor (users) are affected. South West Coast Path (SWCP) Effects to users of the SWCP are illustrated by VP s 05a-e as described in the table above. The Project has resulted in a noticeable new feature experienced in very close proximity (VP s 05c-e) although in the context of the altered landscape of the quarry that has revegetated in places, particularly along Section 2A of the fence. The use of earth mounding and boulders has helped the fence to sit into the landscape to some extent. This results in a medium-large scale, long term effect, limited to the adjacent Section 2 of the fence which results in a Low-Medium Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect on the visual amenity of this part of the SWCP is considered to be Moderate Adverse. These effects are only to this length of the SWCP that has always been experienced in the context of the quarry and only likely to be seen for up to around 30 minutes as users walk this section of the route The fence is not visible beyond the extents of the quarry to the north but Section 2A can be seen from the SWCP to the south from along the coastline around Lowland Point where there is clear inter-visibility along the coast, as illustrated by VP s 05a-b. The fence posts are seen in the context of the existing structures associated with the quarry but are seen as new elements in their own right. At this distance however, up to around 600m of the quarry boundary, they are only just perceptible. This results in a small scale, long term effect, limited to the section from the south of the quarry around Lowland Point which results in a Low- Negligible Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect on the visual amenity of this part of the SWCP is considered to be Slight Adverse to Neutral. PRoW no. 228/66/ Views are available of Section 2A of the fence but at a distance, in the context of the quarry and only through gaps between intervening vegetation, which are likely be further limited during the summer months when the vegetation is in leaf, as illustrated in VP 04 and described in the table above. This results in a small-medium scale, long term effect, limited to where gaps are available through the intervening vegetation and only likely to be during winter months as during the summer views will be obscured. This results in a Low-Negligible Magnitude of Change.

110 When this is compared to the Medium sensitivity the significance of the effect on the visual amenity of this this footpath is considered to be Slight Adverse to Neutral. PRoW no. 228/66/ Views of the new access gate and parts of Section 1 of the fence can be obtained as the PRoW joins the local road accessing the quarry (discussed below) where the scale of effect is similar to that described in the table above for VP 01. This results in a medium scale, long term effect, limited to this end of the PRoW which results in a Low Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect on the visual amenity of this part of the PRoW is considered to be Slight Adverse but is restricted to this specific part of the receptor There is also the opportunity to see the part of Section 1 of the fence that defines the boundary of the informal picnic area as this PRoW passes it although this is through gaps in the intervening vegetation that are likely to be completely screened during summer months when the vegetation is in leaf, as illustrated in VP 03 and described in the table above. This results in a small-medium scale, long term effect, limited to this small section adjacent to the access to the picnic area and only likely to be during winter months as during the summer views will be obscured. This results in a Low-Negligible Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect on this part of the PRoW is considered to be Slight Adverse-Neutral but is restricted to this specific part of the PRoW and only during the times of year with less leaf cover. Local road accessing the quarry Views of the new access gate and parts of Section 1 of the fence, replacing the previous gates, can be obtained at the end of the road as it joins the PRoW joins (above) where the scale of effect is illustrated in VP 01 and described in the table above. This results in a medium scale, long term effect, limited to this end of the road which results in a Low Magnitude of Change When this is compared to the High-Medium sensitivity the significance of the effect on this road is considered to be Slight Adverse but is restricted to this specific part of the receptor. Page 104

111 Informal picnic area The fence defining the boundary of this picnic area can be seen from almost the entire area which is illustrated in VP 02 and described in the table above. Although the fence is a noticeable element it does allow for views over the landscape beyond and out to sea, which was the intention when this picnic area was created on land within the ownership of the quarry. This results in a medium-large scale, long term effect across a wide extent of this area which results in a Medium-High Magnitude of Change When this is compared to the Medium sensitivity the significance of the effect on this area is considered to be Moderate Adverse. 6.6 Mitigation measures The following mitigation measures would reduce the impacts of the fence on the character and visual amenity of the area. Operation The Design and Access Statement submitted with the planning application for the Project outlines options for barriers on the boundary of the quarry, ranging from the do-nothing scenario, through mounding and Cornish hedges to a number of different types of fencing. The fence erected was selected as it was the most appropriate when considered against the criteria required. In terms of mitigating the effects of the fence the planting of vegetation has been ruled out along the majority of its length due to the harsh conditions of this location making it difficult to ensure establishment and maintenance of planting, causing doubts over its long term effectiveness. It was also felt that vegetation and hedges in particular would look out of place as the fence is often experienced in the context of the harsh and altered landscape of the quarry, particularly Section 2B Mitigation measures to reduce the effects of the Project are listed below. Treat the white concrete posts with a darker finish that does not contrast so much with the surrounding context, whether that be vegetation or rock. This would help reduce the extent that the posts are visible as they would be less noticeable from distant locations while also helping to tie them into the immediate context in close proximity. Colour to match background or context. Dark grey in the quarry itself or a shade of brown to be used for the posts along Section 2A relating to the surrounding vegetation. Where relevant, colours to match the existing concrete structures associated with the quarry where these are to be retained. Page 105

112 The existing gates and Heras fencing found along section 2A of the fence (VP 05c) is to be replaced by chain link fencing and concrete posts as per the rest of the fence. This will remove this element as a detracting feature and provide continuity across the length of the fence. However, as this element makes little contribution to the effects of the Project when considered against the extent of the receptors in question it would do little to reduce the overall impacts of the Project. 6.7 Residual effects Landscape Cornwall AONB South Coast Western (The Lizard Peninsula) & CA08 North East Lizard Peninsula LCA Even with the mitigation measures in place the fence would still be a recognisable feature when in close proximity, which although more appropriate in the context of the quarry, would appear out of keeping with the wider character of the AONB and LCA. It is likely however that the fence would not be recognisable from the more distant locations due to the posts colour receding into the surrounding landscape. This would reduce the extent that the small-medium scale, long term effect would be experienced to at a limited extent, immediately adjacent the quarry. However this would still result in a Low Magnitude of Change When this is compared to the High-Medium sensitivity of the AONB and the LCA the significance of the residual effect would remain Slight-Moderate Adverse. South West Coast Path (SWCP) The mitigation measures are unlikely to reduce the effects to the character of the SWCP as they are already limited to the section immediately adjacent the quarry which would remain the case. Therefore the significance of the residual effect would still be Slight-Moderate Adverse. Visual In considering the residual effects to visual receptors the scale of change for each representative viewpoint will first be established and described in Table 6.4. Page 106

113 Table 6.4 Residual Scale of Effects on Representative Viewpoints Viewpoint Distance, Direction Residual Scale Rationale of Effect (Operation) 01 Inland quarry access 20m NW of access gate in Section 1 Medium Mitigation in the form of colouring the fence posts would reduce their prominence but the new access gate and fencing as a whole would still be a more industrial style than is common for the area so would be a noticeable change. (Fig. 5.8) 02 Informal picnic area (Fig. 5.9) 03 PRoW no. 228/6/3 (Fig. 5.10) 04 PRoW no. 228/66/1 (Fig. 5.11) 15m NW of Section 1 of fence on boundary of picnic area. 20m W of Section 1 of fence on boundary of picnic area. 400m NW of Section 2A of fence Medium Small (winter) Small (winter) Mitigation in the form of colouring the fence posts would reduce their prominence and help them to sit into the landscape in this view but the fencing as a whole would still be a more industrial style than is common for the area that can be viewed in close proximity so would still be noticeable. Mitigation in the form of colouring the fence posts would reduce their prominence making them less noticeable in the view but still likely to be perceptible during the winter when vegetation is not in leaf. Mitigation in the form of colouring the fence posts would reduce their prominence making them less noticeable in the view but still likely to be perceptible during the winter when vegetation is not in leaf.

114 Viewpoint Distance, Direction Residual Scale of Effect (Operation) 05a SWCP SM/NT/SSSI 600m SSW of Section 2A of fence Negligible Rationale (Fig.5.12) 05b SWCP Lowland Point/NT/SSSI 400m SSE of Section 2A of fence Negligible Mitigation in the form of colouring the fence posts would reduce their prominence making the fence virtually imperceptible from these locations. (Fig. 5.13) 05c SWCP Section 2A adj. quarry access (Fig. 5.14) 3m E of Section 2A of fence Medium The replacement of the Heras fencing and gates will remove these elements as detracting features and provide a continuity to the fence. Mitigation in the form of colouring the fence posts would reduce their prominence and help them to sit into the landscape in this view but the fencing as a whole would still be a more industrial style than is common for the area that can be viewed in close proximity so would be noticeable. Page 108

115 Viewpoint Distance, Direction Residual Scale of Effect (Operation) 05d SWCP Section 2B adj. quarry access to jetty (Fig. 5.15) 05e SWCP Northern end of Section 2b 5m E of Section 2B of fence 20m NNE of Section 2B of fence Medium-Large (due to gate) Medium Rationale Mitigation in the form of colouring the fence posts would reduce their prominence in this view. However this is a more open landscape and the fencing and gate as a whole would still be a more industrial style than is common for the area although appropriate in the context of the ongoing quarrying activity. The fence can be viewed in close proximity so would be noticeable. (Fig. 5.16) Page 109

116 6.7.1 The residual scale of effects established in the table above will now be applied to the individual receptors considered against the duration of the change and the extent of the receptor effected. South West Coast Path The colouring of the fence posts would reduce their prominence in views and help them to sit into the surrounding landscape when passing the quarry but the fence as a whole would still be noticeable due to its style and the close proximity in which it is viewed. This would result in a medium, long term effect, limited to the section immediately adjacent the quarry which results in a Low Magnitude of Change The colouring of the fence posts would also reduce their prominence in the more distant views from the SWCP around Lowland Point enough to make them virtually imperceptible. Resulting in a negligible effect from this section of the SWCP Therefore the only effects to the SWCP would be those experienced to the length passing immediately adjacent the quarry. When compared to the High-Medium Sensitivity the significance of the residual effect on the visual amenity of the SWCP adjacent the quarry is considered to be Slight-Moderate Adverse. This section of the SWCP has always been experienced in the context of the quarry and only likely to be seen for up to around 30 minutes as users walk this section of the route. PRoW no. 228/66/ Mitigation would reduce the prominence of the fence posts in these views so would be a small scale, long term effect, limited to where gaps are available through the intervening vegetation, which results in a Negligible Magnitude of Change. Therefore the significance of the residual effects would be Neutral. Any views would be further restricted to during winter months when the intervening vegetation is not in leaf. PRoW no. 228/66/ Where views of the new access gate and fence can be obtained the effects would remain a medium scale, long term effect, to this limited end of the PRoW resulting in a Low Magnitude of Change. Therefore the significance of the residual effects on the visual amenity of this part of the PRoW would still be Slight Adverse For the section adjacent the picnic area the mitigation would reduce the prominence of the fence posts making them much less noticeable. Therefore having a small scale, long term effect, limited to this small section adjacent the access to the picnic area and further reduced as views would only be available during winter months when the intervening vegetation is not in leaf. This would result in a Negligible Impact to this section of the PRoW Therefore the only impact to this PRoW would be Slight Adverse Impact where views are available of the new access gate.

117 Local road accessing the quarry Shire Oak Quarries Ltd Even with mitigation the access gate and fence are still noticeable elements in the view so there is still likely to be a medium scale, long term effect, limited this end of the road resulting in a Low Magnitude of Change. When compared to the High- Medium sensitivity the significance of the residual effects would still be Slight Adverse. Informal picnic area Mitigation in the form of colouring the fence posts would reduce their prominence in views from within the picnic area but it would still be noticeable due to the style of the fence and the close proximity that views gain be gained. This results in a medium scale, long term effect, across a wide extent of this area which results in a Medium Magnitude of Change When this is compared to the Medium sensitivity the significance of the residual effect on the picnic area would still be Moderate Adverse due to the extent that the fence is visible across this area although the views out so sea that have been created would still be available. 6.8 Cumulative assessment Cumulative effects are those that would result from the construction, operation and / or decommissioning of the Project together with the activities involved with the existing and ongoing activities at Dean Quarry (i.e. covered by the ROMP) As with the Project that is subject to this LVIA, only the cumulative effects of the operational stage will be considered. There is no construction stage as the ROMP allows for the continued operations within the working quarry and when this permitted activity ceases the quarry as a whole, including the fence that makes up the Project, will be subject to a restoration scheme. As the details of this are not known at this stage the decommissioning stage cannot be assessed The activities associated with the restarting of operations within Dean Quarry were subject of an LVIA that was prepared by SLR Consulting Limited in November This was produced in line with the current guidance at the time including Guidelines for Landscape and Visual Impact Assessment, Second Edition, 2002 which has since been updated. Therefore, some of the processes and methodologies differ slightly to those used in this LVIA for the Project At the time of the SLR LVIA being produced, the proposals included the removal of plant site buildings no longer required, the ongoing activity of mineral extraction Page 111

118 within the existing quarry void making use of mobile processing plant, and tipping operations utilizing the existing quarry tip. Cumulative landscape effects The SLR LVIA found that the removal of the plant site buildings would have a moderate beneficial effect to the landscape character of the area including this localised part of the AONB. This was compared to the Baseline Situation at that time and the majority of this removal has now taken place. There are still some concrete structures due to be removed when appropriate so this beneficial effect will continue to be felt In terms of the ongoing extraction and tipping operations the SLR LVIA found that the effects would be neutral and minor (neither beneficial nor adverse) as they are taking place within the established quarry and would not alter the severity of the landscape impact of the existing quarry As the effects of the activities within the quarry are continuing from previous operations the effects are considered to be baseline conditions and not subject to standalone assessment, but are considered as part of the cumulative assessment. Given the context of the site as a consented quarry, the cumulative effects of the quarrying activities and the Project on the character of the area are not considered to be greater than the impacts resulting from the presence of the fence alone, as established in this LVIA, as this is the new element experienced in views of the quarry. Cumulative visual effects The SLR LVIA found that the existing development has a restricted visual effect on the local landscape as the current quarry activities have effectively created their own screening from the local landscape, by forming an artificial cove on the coast and that the removal of the plant site building would result in a large improvement in visual amenity for a number of the viewpoints, although views of a disturbed landscape would remain. As explained above the majority of this removal has taken place so is no longer relevant to this LVIA, although some concrete structures are still due to be removed when appropriate From the previous LVIA, the visual effects resulting from the mineral extraction and tipping are limited to receptors passing through the site (South West Coastal Path), adjacent viewpoints, and views out at sea and would not alter the components of existing views, nor remove any vegetation and/or existing screening suggesting that effects would be minimal. Overall when discussing the effects on the specific viewpoints the effects as a result of the quarrying operations are found to be negligible or would result in no change. Page 112

119 Having said that, the magnitude of change for SLR Viewpoint C, which is located on the SWCP adjacent to Section 2A of the fence as part of this Project in a similar location to RBD VP s 05c-d, was found to be moderate (medium) in scale, but neutral in significance (neither beneficial nor adverse) affecting a small, limited section of footpath where views of the proposed extraction would be possible. This would suggest that the ongoing activities would be noticeable from the SWCP but not cause any additional effects to visual amenity as it is a continuation of existing operations. Similarly the magnitude of change for SLR Viewpoint E, located on the diverted PRoW 228/66/1 around the quarry near to RBD VP04, was found to be slight (small) in scale affecting small sections of the footpath where views of the proposed extraction would be possible, but again neutral in significance, so ongoing activities would be perceptible but not cause any additional effects Again the ongoing activities within the quarry are continuing from previous operations and are seen in the context of the backdrop of the existing quarry, so are considered to have a little effect on the visual amenity of the area. In some specific viewpoint locations, as discussed above, the magnitude of change to the view resulting from the quarrying operations and fence is considered to be similar. This is due to the ongoing activities being a noticeable element, but a continuation of the previous activity, whereas the fence is noticeable and experienced as a new element in close proximity so is considered to have an adverse impact. The cumulative effects of the quarrying activities and the Project on the visual amenity of the area are not considered to be greater than the impacts resulting from the presence of the fence alone, as established in this LVIA, as this is the new element experienced in views of the quarry. Summary of cumulative effects In both landscape character and visual amenity terms the cumulative effects of ongoing quarrying activities and the Project are no greater than the adverse effects resulting from the fence, as established in this LVIA. This is due to the fact that the quarrying activities are a continuation of activities taking place within the quarry and have done so for a long period of time already. It is the fence that is experienced as the new element in close proximity that is not in keeping with the character of the local area. However, as the quarrying activities continue and become more apparent they are likely to become the more prominent and dominant feature in the area so the fence would be less noticeable in comparison and more appropriate when considered in this context. Page 113

120 6.9 Conclusion Following the baseline study the Landscape Character and Visual Amenity of the area is considered to have an overall Medium-High sensitivity. This is a combination of both the landscape and visual receptors generally having a mediumhigh sensitivity. Impacts to Landscape Character As this is a retrospective application for the Project the effects of the fence on the landscape character of the area can already be experienced Quarries are accepted as synonymous within this landscape and contributing to its character although also considered to be a detracting feature and not necessarily well integrated. It is accepted that the fence will be experienced in the context of the altered landscape of the quarry and the permitted ongoing quarrying activities within the quarry. It is also accepted that some form of security and boundary definition would be expected in this situation. However, it is felt that the fence presents a new element that can be experienced in close proximity and is of a more industrial style than is common in the wider landscape, particularly the new access gates This is mainly felt within the immediate context of the quarry, principally from the South West Coast Path (SWCP), where a working quarry has always been in existence since the SWCP achieved national status. However the fence does increase the influence of the quarry where it can be experienced as a new element at further afield, up to 600m away, where the existing revegetated rock faces and tips as well as the weathered structures are less apparent. These effects are still only felt over a very localised extent within the wider Area of Outstanding Natural Beauty and Landscape Character Area and only a limited extent of the SWCP. The effect on these landscape character receptors is considered to be Slight-Moderate Adverse Impact Mitigation measures takes the form of applying a darker colour to the fence posts that is more appropriate for the surrounding context. However, this would not change the overall style of the fence that, although appropriate in its immediate context, is out of keeping with the wider character. Therefore the residual effects on landscape character are still considered to be Slight-Moderate Adverse. Page 114

121 Impacts to Visual Amenity Shire Oak Quarries Ltd Where the fence can be seen in close proximity, from along the SWCP and within the informal picnic area, it is considered to have a Moderate Adverse Impact. Again this is primarily due to the introduction of a new element that is very noticeable from these locations. In views from other surrounding PRoW/footpaths the fence has a Slight Adverse-Neutral Impact. This is due to either very limited extents of the routes allowing views, many restricted to winter when intervening vegetation is not in leaf, or the fence is viewed at a distance where only the white posts are perceptible such as from the SWCP around Lowland Point Mitigation measures take the form of applying a darker colour to the fence posts that is more appropriate for the surrounding context reducing their prominence in views from the surrounding area. This is most effective in long distance views where they would become virtually imperceptible, having a Negligible-Neutral Impact, including to users of the SWCP around Lowland Point. It is felt that colouring the posts would also help to sit the fence posts into their surrounding context of the landscape or quarry in comparison to the current stark white posts, so would also reduce their prominence in close proximity views from the SWCP. The fence, including the access gate would still be noticeable so would have a Slight-Moderate Impact This effect would be restricted to the immediate vicinity of the quarry for up to around 30 minutes while walking the length of this part of the SWCP route. The Slight Adverse Impact to the local road providing access to the quarry would remain due to the more industrial style of the access gate. This would only affect a very limited section at the end of the road when approaching the gate where an access point has existed for a long period of time The Moderate Impact would remain to the informal picnic area due to the extent of this area affected although this is within the quarry s ownership where public access has been allowed and the views have been created. Significance of Impacts Although the fence is experienced as a new element it is in the context of the working quarry where the ongoing activities are likely to be more prominent and noticeable. Only very localised or limited extents of receptors are affected. Therefore it is considered that the effects of the fence in its own right does not have a significant effect on the landscape character or visual amenity of the area. Page 115

122 Table 6.5 Summary of potential effects on Landscape and Visual Receptors Phase Receptor and pathway Duration/ reversibility Landscape Receptors Operation Cornwall AONB South Coast Western Operation CA08 North East Lizard Peninsula LCA Potential effect without mitigation Small-Medium scale to a very Localised extent Small-Medium scale to a very Localised extent Long term Long term Mitigation Residual effect Significance of effect Yes colouring the fence posts reducing the extent of the area effected Small-Medium scale to a Limited extent Small-Medium scale to a Limited extent Slight- Moderate Adverse Slight- Moderate Adverse Confidence High High Operation South West Coast Path (SWCP) Small-Medium scale to a Limited extent Long term Small-Medium scale to a Limited extent Slight- Moderate Adverse High Visual Receptors Operation South West Coast Path (SWCP) Medium-Large scale to a Limited extent (adj quarry) Small scale to a Limited extent (Lowland Point) Long term Long term (although would weather) Yes colouring of fence posts reducing the visual prominence of the fence posts and helping them to sit into the surrounding landscape. Medium to Limited extent (although Medium-Large at VP05d due to gate) Negligible (Lowland Point) Slight- Moderate Adverse Neutral High

123 Phase Operation Receptor and pathway ProW no. 228/66/1 Potential effect without mitigation Small-Medium scale to a Limited extent (winter) Duration/ reversibility Long term Mitigation Residual effect Significance of effect Yes colouring of fence posts reducing prominence Negligible Neutral High Confidence Operation Operation PRoW no. 228/66/3 Local road accessing the quarry Medium scale to a Limited extent (at quarry entrance) Small-Medium scale to a limited extent (adj picnic area) Medium scale to Limited extent Long term Long term Long term Yes colouring of fence posts reducing the visual prominence of the fence posts and helping them to sit into the surrounding landscape. Medium scale to a Limited extent (at quarry entrance) Small scale to a Limited extent (adj picnic area) Medium scale to Limited extent Slight Adverse Neutral Slight Adverse High High Operation Informal picnic area Medium-Large scale to a Wide extent Long term Medium scale to a Wide extent Moderate Adverse High Page 117

124 6.10 References Department for Communities and Local Government (2012) National Planning Policy Framework (NPPF) (Ref 6.2) Cornwall Council (2016) Cornwall Local Plan Strategic Policies (Ref 6.2) Cornwall County Council (1998) Cornwall County Council Minerals Local Plan (Ref 6.2) Cornwall Council (2016) Cornwall Minerals Safeguarding Development Plan Document Pre-submission Consultation (Ref 6.2) Cornwall AONB Partnership and others (2016) The Cornwall AONB Management Plan Place and People (Ref 6.2, 6.4 and Key Characteristics Table in Appendix 6.1) Landscape Institute and Institute of Environmental Management & Assessment (2013) Guidelines for Landscape and Visual Impact Assessment, Third Edition (GLVIA) (Ref 6.3) Natural England ( ) National Character Area Profiles (Ref 6.4) Cornwall Council (2007) Landscape Character Assessment (Ref 6.4 and Key Characteristics Table in Appendix 6.1) SLR Consulting Limited (2008) CEMEX, Dean ROMP Landscape and Visual Impact Assessment (6.8) Landscape Institute (Advice Note 01/11) Photography and Photomontage in Landscape and Visual Impact Assessment The Countryside Agency and Scottish Natural Heritage (2002) Landscape Character Assessment, Guidance for England and Scotland

125 7 Cultural heritage 7.1 Introduction The assessment focuses upon the cultural heritage identified within a 1km buffer around the Project (Figures , Volume 2), hereafter referred to as the study area. This assessment also considers potential changes to the settings of nondesignated and designated heritage assets within a 1km buffer within the surrounding landscape as considered appropriate for a development of this type and size The key objectives of the assessment are: to identify and gather information on designated and non-designated heritage assets within the Project area and surrounding landscape, and the settings of those assets that may change as a result of the development; to assess the effect of the development on the significance of designated and non-designated heritage assets within the Project and the surrounding landscape arising from potential changes to their setting; to identify recorded heritage assets of archaeological interest (designated and non-designated) within the proposed Project area and, where sufficient information allows, to assess their significance; where possible, to assess the resultant baseline information, and to offer an analysis of the potential for the presence of currently unrecorded heritage assets of archaeological interest within the Project area, and of their likely significance; and to assess as far as possible, the potential effect of the development on the significance of known and potential buried archaeological remains or upstanding earthwork remains within the proposed study area. 7.2 Legislation, Planning Policy and Guidance The following legislative framework, national and local planning policy, and relevant sector guidance have been used to inform this assessment. Legislation This assessment has been compiled in accordance with the following legislative, planning policy and guidance documentation: National Heritage Act 1983 (amended 2002); Planning (Listed Buildings and Conservation Areas) Act (1990); and National Planning Policy Framework (2012). Planning (Listed Buildings and Conservation Areas) Act (1990) The Planning (Listed Buildings and Conservation Areas) Act sets out the laws on planning controls with regard of Listed Buildings and areas of special architectural

126 or historic interest (Conservation Areas). The document states that, when making planning decisions with regard to developments affecting Listed Buildings or their settings, the local planning authority or the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest that it possesses (Section 66). National policy: National Planning Policy Framework (2012) The Framework sets out national planning policy relating to the conservation and enhancement of the historic environment. It defines the historic environment as all aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged, and landscaped and planted or managed flora Individual components of the historic environment are considered heritage assets: buildings, monuments, sites, places, areas or landscapes identified as having a degree of significance meriting consideration in planning decisions, because of their heritage interest Heritage assets include designated sites and non-designated sites, and policies within the Framework relate both to the treatment of assets themselves and their settings, both of which are a material consideration in development decision making Key tenets of the Framework are that: Local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets importance and no more than is sufficient to understand the potential impact of the proposal on their significance (Paragraph 128); when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset s conservation. The more important the asset, the greater the weight should be (Paragraph 132); significance can be harmed or lost through alteration or destruction of the heritage asset, or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to, or loss of, a Grade II Listed Building, park or garden should be exceptional. Substantial harm to, or loss of, designated heritage assets of the highest significance, notably Scheduled Monuments, Protected Wreck Sites, Battlefields, Grade I and II* Listed Buildings, Grade I and II* Registered Parks and Gardens, and World Heritage Sites, should be wholly exceptional (Paragraph 132); Page 120

127 Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use (Paragraph 134); and with regard to non-designated heritage assets, a balanced judgement will be required having due regard to the scale of any harm or loss, and to the significance of the heritage asset affected (Paragraph 135) Local planning authorities should require an applicant to describe the significance of any heritage assets affected by a proposed development, including any contribution made to significance by their setting. The level of detail required in the assessment should be proportionate to the assets importance, and no more than is sufficient to understand the potential impact of the proposal on their significance. Local planning policy Cornwall Local Plan In Cornwall the development plan comprises the Cornwall Local Plan (CLP) strategic policies document, which was adopted in November The Cornwall Local Plan: Strategic Policies (2016) makes provision for the assessment and protection of heritage assets in Policy 24: Historic environment Under this policy, development proposals: are expected to conserve and, where appropriate, enhance other historic landscapes and townscapes, including registered battlefields, including the industrial mining heritage; and Should be informed by proportionate historic environment assessments and evaluations (such as heritage impact assessments, desk-based appraisals, field evaluation and historic building reports) identifying the significance of all heritage assets that would be affected by the proposals and the nature and degree of any effects and demonstrating how, in order of preference, any harm will be avoided, minimised or mitigated Following these assessments any harm to the significance of a designated or nondesignated heritage asset must be justified. Proposals causing harm will be weighed against the substantial public, not private, benefits of the proposal and whether it has been demonstrated that all reasonable efforts have been made to sustain the existing use, find new uses, or mitigate the extent of the harm to the significance of the asset; and whether the works proposed are the minimum required to secure the long term use of the asset. Page 121

128 Cornwall Minerals Local Plan Shire Oak Quarries Ltd The Cornwall Minerals Local Plan was adopted in March The CLP strategic policies document confirms that a number of policies contained within this Plan have been saved and remain extant and therefore form part of the Development Plan. Although some policies have been retained, those relating to cultural heritage (E4 and E5) have been replaced by those contained within the Local Plan. Guidance The following guidance has been used to inform this assessment: National Planning Practice Guidance: Conserving and enhancing the historic environment (Dept. for Communities and Local Government 2014); Historic England, (2015a): Historic Environment Good Practice Advice in Planning: Note 2: Managing Significance in Decision-Taking in the Historic Environment; and Historic England, (2015b): Historic Environment Good Practice Advice in Planning: Note 3: The Setting of Heritage Assets. 7.3 Assessment Methodology The methodology employed for this assessment is based upon key professional guidance including predominantly the Standard and Guidance for Historic Environment Desk-Based Assessment (Chartered Institute for Archaeologists, 2014); and English Heritage s (now Historic England) Conservation Principles (2008) This assessment considers a minimum 1km study area surrounding the Project (Fig. 2) but also, where informative, historic environment evidence and heritage assets in the wider landscape. This study area has ensured that data sources provided sufficient contextual information about the Project and the surrounding landscape from which to assess known and potential impacts on the heritage resource Known and potential heritage assets within the study area are discussed in section 7.5 and a gazetteer of these has been compiled, and is presented as Appendix 7.1. Heritage assets are referred to in the text by a unique reference number 1, 2, etc. or in the case of designated assets, A, B, etc., and are illustrated on Figures 7.1 and 7.2. Data acquisition Historic environment data was requested in November 2016 from the Cornwall Council Historic Environment Record (HER). This data related to all known designated and non-designated heritage assets recorded at the time of enquiry, and included detail on monuments, buildings, findspots, historic land-use and previous archaeological investigations. Page 122

129 7.3.5 These data were used primarily to inform the site visit for the settings assessment and ensure that additional heritage assets had not been identified since the previous planning application for Dean Quarry Archaeological and cultural heritage assessments have been carried out in relation to previous planning applications. Following the Environment Act 1995, the site operators, Cemex UK Operations Ltd, made a Review of Mineral Planning Permissions (ROMP) submission to Cornwall Council in respect of Dean Quarry in December This included a cultural heritage assessment produced by Lang Hall Archaeology which concluded (section 7): On balance of probability, it is likely that evidence of both prehistoric and medieval activity would once have been present, although it is almost certain to have been destroyed by subsequent quarrying activity. Thus, though the quarry itself must now be considered to be of historical interest, representing as it does a major aspect of the local economy, there can be few archaeological objections to resumption of work within the present quarry boundaries In December 2014 a planning application (PA14/12081) was submitted to Cornwall Council for the erection of a reception building, fuel storage area, fencing, office and amenity area, processing plant, explosive store and vehicle parking area to support the re-opening of Dean Quarry. This application included a cultural heritage assessment and setting assessment which informed the following conclusions: The effect of the project on the historic landscape character of the area has been assessed as neutral as the area is currently characterised by the extractive industry. The project would not affect the setting of any of the Scheduled Monuments or Listed Buildings within the 5km search area, and those with intervisibility with the Project, or the setting of the Coverack Conservation Area, largely due to proximity of the assets from the project and intervening topography, vegetation and built development These reports have been used as the primary baseline for the understanding the history and archaeological potential of the study area. Where appropriate, this baseline has been updated with additional sources, a recent HER search and site visit focusing on relating to potential effects on heritage assets resulting from the Project. Walkover Survey A site visit and study area walkover survey was undertaken on 7 December 2016 in order to identify heritage assets not previously recorded within the Project and to Page 123

130 assess potential effects on the significance of heritage assets arising from changes to their setting as a result of the development. The walkover was undertaken in good visibility locations from which photographs were taken are shown on Figure 7.2 (Positions 1-31). The setting of designated heritage assets and their potential relationship with the Project was also assessed, as closely as possible from permitted rights of way. The site visit also provided an opportunity to identify visible potential heritage assets not recorded by the above accessed sources and to more fully understand the potential constraints, if any, to the development. It also allows the identification of previous impacts on the site arising from land-use or existing / remains of buildings etc. Limitations This assessment is principally a desk-based study and utilised secondary information derived from a variety of sources, only some of which have been directly examined for the purpose of this assessment. The assumption is made that this data, as well as that derived from other secondary sources, is reasonably accurate. The records held by the Cornwall HER are not a record of all surviving heritage assets, but a record of the discovery of a wide range of archaeological and historical components of the historic environment. The information held within it is not complete and does not preclude the subsequent discovery of further elements of the historic environment that are, at present, unknown A walkover survey was conducted within the study area, which was undertaken in favourable weather conditions. There was also sufficient access to heritage assets to assess likely impacts upon the value of the assets due to changes to their setting. 7.4 Assessment criteria Significance of heritage assets Heritage assets are defined by the National Planning Policy Framework (henceforth, the Framework ; Annex 2, 2012) as a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions because of its heritage interest. The term Heritage Asset includes designated heritage assets and assets identified by the local planning authority (including local listing). Designated heritage assets include: World Heritage Sites; Scheduled Monuments; Listed Buildings; Protected Wreck Sites; Registered Parks and Gardens; Registered Battlefields; and Conservation Areas. Non-designated heritage assets include sites held on the Historic Environment Record, in addition to other elements of the landscape understood to have a degree of significance meriting consideration in planning decisions (section 7.2). Page 124

131 7.4.2 Assessment of the heritage value (significance) of a site sets out to identify how particular parts of a place and different periods in its evolution contribute to, or detract from, the identified heritage values associated with the asset Heritage significance is defined in the Framework (Annex 2) as the value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset s physical fabric, but also from its setting Current national guidance for the assessment of the significance of heritage assets is based on criteria provided by Historic England (formerly English Heritage) in Conservation Principles, Policies and Guidance for the Sustainable Management of the Historic Environment. Within this document, significance is weighed by consideration of the potential for the asset to demonstrate the following criteria: Evidential value derives from the potential of a place to yield evidence about past human activity (ibid, 28). It is primarily embodied by physical remains or historic fabric, but also includes buried archaeology; Historical value derives from the ways in which past people, events and aspects of life can be connected through a place to the present (ibid, 28). Illustrative historical value depends on visibility in a way that evidential value does not; and has the power to aid interpretation of the past [ ] through shared experience of a place (ibid, 29). Associative historical value creates resonance through felt connections with a notable family, person, event or movement; Aesthetic value derives from the ways in which people draw sensory and intellectual stimulation from a place (ibid, 30). Aesthetic value might be generated through conscious design and artistic endeavour, fortuitous and organic change, and the relationship of structures and materials to their setting; and Communal value is tied to historical (associative) value and aesthetic value, deriving from the meanings of a place for the people who relate to it, or for whom it figures in their collective experience or memory (ibid, 31). Communal value may be commemorative, symbolic or social. The latter is typically associated with places that people perceive as a source of identity, distinctiveness, social interaction and coherence and might only be articulated when the resource is under threat (ibid, 32) Further information on good practice in implementing historic environment policy in the Framework is provided within the Historic England s guidance Historic Environment Good Practice Advice in Planning Note 2: Managing Significance in Decision-Taking in the Historic Environment. This document provides advice on the assessment of the significance of heritage assets in support of applications for planning permission, and emphasises that the information required regarding Page 125

132 heritage significance should be no more than would be necessary to inform the planning decision. The setting of heritage assets Historic England s document, Historic Environment Good Practice Advice in Planning Note 3: the Setting of Heritage Assets provides guidance on setting and development management, including assessment of the implications of development proposals. Quoting the Framework, this guidance reiterates that the setting of a heritage asset is the surroundings in which a heritage asset is experienced. Its extent is not fixed, and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral'. The extent and importance of setting is often expressed by reference to visual considerations, but may also comprise other elements that contribute to the ways in which a heritage assets is experienced, including factors such as noise, vibration and other pollutants or nuisances; tranquillity, remoteness, wildness ; sense of enclosure, seclusion, intimacy or privacy; the rarity of comparable survivals of setting, and associative relationships between heritage assets The methodology for the assessment of the setting of heritage assets employed by Cotswold Archaeology has been informed by this guidance. A stepped approach is recommended for assessing the implications of development proposals. The first step is to identify the heritage assets affected and their settings. Step 2 is to assess whether, how, and to what degree, these settings make a positive contribution to the significance of the heritage asset(s), i.e. what matters and why. This includes a consideration of the key attributes of the heritage asset itself, as well as the asset s physical surrounds relationship with other heritage assets; and the way in which the asset is appreciated. The third step (where appropriate) is to assess the effect of the proposed development on the significance of heritage assets through the consideration of the key attributes of the proposed development, including its location and siting; form and appearance; additional effects; and permanence. The fourth step is to maximise enhancement and minimise harm, and the fifth step refers to making and documenting the decision and monitoring outcomes In relation to development within the setting of a heritage asset, the guidance states that protection of the setting of heritage assets need not prevent change. Change to setting is accepted in Historic England s guidance as part of the evolution of landscape and environment; it is whether they are neutral, harmful or beneficial to the significances that matters. A recent judgement by Justice Lindblom in (The Queen) v. Sevenoaks DC [2014] EWHC 1895 (Admin) states preserving, for both Listed Buildings and Conservation Areas in terms of character, appearance and Page 126

133 setting, means doing no harm. Thus preserving does not necessarily mean no change ; it specifically means no harm. 7.5 Baseline Conditions The following baseline conditions are largely informed by the assessment carried out in support of the 2014 planning application (PA14/12081). Designated heritage assets There are no designated heritage assets within the Project. There is a Scheduled Monument (A) c.500m to the south-west of the Project. This is a multi-period archaeological landscape of settlements, field systems, flint working, salt working and pottery production located on a south-east facing slope and flat area of the coast The 2010 ZTV indicated that there was the possibility that Dean Quarry would be visible from the Promontory fort at Chynallls Point scheduled monument (NHLE number: ) c.3km south-west of the project. The 2014 planning application has however shown this not to be the case and it is therefore not addressed in this assessment (Plate 7.1). Plate 7.1 View north-east of Lowland Point from Chynalls Point (from 2014 application PA14/12081) There are 12 Listed Buildings within the 1km study area, of these all but two are in excess of 400m from the Project and isolated from it by topography and the steep Page 127

134 sided roads around it. The two remaining are Grade II Listed Buildings (B and C), both of which are located c.240m north-west of the Project. These are both identified as cottages, the first possibly dating to the 17 th century and the second to the 18 th century. These were both originally listed in 1984 and the reasons for their designations are not included in their descriptions. Prehistoric There is some evidence for prehistoric activity in the area around Dean Quarry in the Mesolithic period (c.7000-c.4000bc). To the south-west of the site, at Lowland Point, a Mesolithic flint working site was excavated in 1933 when worked flints were recovered (1-3), c.670m south-west of the Project (Figure 7.1) Neolithic activity is evidenced by finds identified in an arable field north of Trebarveth, c.715m to the west of the Project (Figure 7.1), in the form of a broken leaf-shaped arrowhead, several unpatinated flint flakes and coarse gabbroic pottery (4) There is apparent significant Bronze Age activity in the search area in the form of findspots, former standing stones and possible funerary monuments (round barrows). The HER contains entries for a Middle Bronze Age globular pot, found in 1893 (7) c.235m north of the Project (Figure 7.1), and a cinerary urn (8) c.30m south-east of the Project (Figure 7.1), both of which may indicate the site of a barrow or cist. A possible Bronze Age standing stone, the Man of the Dean, is recorded within the Quarry c.40m north-west of the Project (Figure 7.1), however it is noted that this had been removed as a result of quarrying activity (9). Iron Age and Romano British There are no HER entries relating to this period within the Project boundary Iron Age and Romano-British settlement in Cornwall is characterised by the development of rounds, univallate or multivallate defended farmsteads often, but not always, circular in plan (Johns and Herring 1996, 81). A possible round site (10) has been identified through field name evidence located c.622m north of the Project at Rosenithon (Figure 7.1) Archaeological evidence for activity within the search area during this period has been identified at Lowland Point where excavations have revealed artefactual and structural evidence (11 and 12) c.685m south-west of the Project, and a possible barrow.550m south of the Project (32) (Figure 7.1). A Romano-British salt working site has also been identified between Lowland Point and Coverack, forming part of the extensive and multi-period Scheduled Monument (A) (Figure 7.1). An excavation undertaken in 1969 revealed stone-built rectangular ovens constructed within an oval building which was associated with a field system Page 128

135 extending along the extensive raised beach. Fragments of a large number of slabsided vessels used in evaporating sea water (briquetage) were recovered from the structure and from the surrounding area (13 and 14) c.950m south-west of the project (Figure 7.1). Early Medieval Early medieval activity within the search area is largely suggested by settlements which are recorded in the medieval period, but have the place name element tre- (meaning estate, farmstead, or derivative try- ) suggesting an earlier origin. These settlement sites include Tregellast (15) c.560m north west of the Project; Treglohan (16) c.160m south of the Project; Treloyan (17) c.1.12km north of the Project; and Trythance (18) c.190m north-west of the Project (Figure 7.1) Archaeological evidence from this period has been identified at Lowland Point, c.300m to the south of the Project near Trebarveth. During excavations a wide range of pottery dating from the Romano-British to the early medieval was recovered (12). Medieval Documented place names in the medieval period provide an indication of settlement in the area around the Project. For example, Tregellast was first recorded in 1312 (15); Treglohan in c.1250 (16) and Treloyan, which was also first documented in c.1250 (17) (Figure 7.1), all three having been suggested to have been earlier in origin. The settlement at Chenhale c.560m north of the Project was first recorded in 1312 (19), and Chyverans settlement c.340 m south of the Project was documented in 1270 (20) (Figure 7.1) Although none survive, at least six sites are suggested by field names on the Tithe Map of 1840 to have had crosses, which would) have been important components in the medieval landscape (Johns and Herring, 1996). These include Rosentithon Medieval Cross c.670 m north of the Project (21); Trebarveth Medieval Cross c.680m south-west of the Project (22) and Treglohan Medieval Cross c.256m southwest of the Project (23) (Figure 7.1) There is also some field name evidence for medieval field systems within the search area. At Lowland Point, the field names The Stitch and The Water Stitch, which are recorded on the Tithe Map of 1840, may have referred to strip fields, although the name stitch was also given to small fields in the post medieval period c.470m south of the Project (24 and 25) (Figure 7.1). Also indicative of medieval agricultural practices is the remains of a series of linear field boundaries visible as low earth banks and ditches on aerial photographs, and the description of ridge and furrow in the HER located to the south of Trelyn Farm, c.1km west of the Project (26) (Figure 7.1). Page 129

136 A medieval corn mill is also recorded within the study area; its exact location is unclear, but the HER places it as north of Dean Quarry, near the sea shore below Rosenithon c.400m north of the Project (27) (Figure 7.1). Post medieval The Project and its environs appear to have been characterised by agriculture and quarrying in the post medieval period. The St Keverne Tithe Map of 1840 shows the site of Dean Quarry as fields on the cliff top, and even as late as 1888 there was no evidence that Dean Quarry was being worked Large scale quarrying of schist and gabbro for roadstone began in 1896 when the St Keverne Stone Company commenced excavating the coastal slopes north of Porthoustock towards Pencra Head. In 1906 the West of England Road Metal Company began similar operations on the coast south of Porthoustock behind Manacle Point. Large-scale quarrying of gabbro near Dean Point was undertaken between c.1897 and 1917 (Johns and Herring, 1996). Dean Quarry is annotated on the Ordnance Survey map of 1908 complete with two engine houses, tramway and a smithy located at the east limit of the Project (28 and 29). The pier is shown for this first time on this map. Dean Quarry was reopened in 1946 and ceased operations in There are several military sites identified as modern in the HER located within the study area including a Type 24 pillbox located c.1.2km to the north of the Project, to the south of Porthoustock (30) c.450km to the south of the Project at Lowland Point, there is a pillbox (31). 7.6 Setting Assessment Following the baseline assessment of heritage assets within the environs of the Project, the following designated heritage assets have been identified as requiring settings assessments: Scheduled Monument: the multi-period archaeological landscape of settlements, field systems, flint working, salt working and pottery production 450m SSE of Trevarbeth (A); Grade II Listed Building: Trekeser (B); and Grade II Listed Building: Cottage 4m to north of Trekeser (C). Scheduled Monument A The Scheduled Monument to the west of Lowland Point (A) is comprised of a multiperiod archaeological landscape of settlements and field systems dating from the Mesolithic to the early medieval. The National Heritage List identifies it as potentially one of the most important monuments in Cornwall reflecting many Page 130

137 elements of agricultural, domestic, social, economic and industrial achievements spanning numerous millennia. The Scheduled Monument s significance should therefore be considered high and it derives primarily from its evidential value, but also has historic value through its illustration of how the landscape was used during different periods. It should be appreciated that the scheduled monument is predominantly experienced from the South West Coast Path, a National Trail, and visible from the town of Coverack. This contributes to the historical (illustrative) significance of the Scheduled Monument by determining how it is accessed and seen from a distance. Due to the complex nature of the multi period remains it is unclear which elements may be impacted as a result of setting change and they will therefore be treated as a whole. It is also important to understand how the communal value of the Scheduled Monument may be impacted by setting change, particularly how the Scheduled Monument is perceived by walkers on the footpath and those living in Coverack It should be noted that the area of Dean Quarry has already been identified by the Historic Landscape Characterisation (HLC) as being an industrial working landscape, and this assessment focuses only on setting change resulting from the project itself. The Scheduled Monument is located on an area of the coast which slopes up steeply to the west but flatter near the sea. The Scheduled Monument is largely covered by dense undergrowth, making it difficult to assess views from within it, and covers an area of landscape classified by the HLC as coastal rough ground. The topography of the Scheduled Monument and the area of higher ground between it and the Project prevents intervisibility between the two (Plates ; Figure 7.2: Positions 8 11). Page 131

138 Photo 7.2 View north-east from Scheduled Monument (A) toward Project (Figure 7.2: Position 8) Photo7.3 View north-east from west of Scheduled Monument towards Project (Figure 7.2: Position 9) Page 132

139 Photo 7.4 View west from Scheduled Monument towards Project (Figure 7.2: Position 11) Views from Coverack were also assessed to check for shared views of the Project behind the Scheduled Monument. These showed that, due to the topography of the area, there are no shared views of the Scheduled Monument with either Dean Quarry or the Project (Plate 7.5; Figure 7.2: Position 25). Page 133

140 Photo 7.5 View north-east from Coverack towards Scheduled Monument (A) and Project (Figure 7.2: Position 25) Of some concern is the note in the NHLE for the Scheduled Monument (A) that further extensive archaeological remains survive in the vicinity and are not currently included in the scheduling because they have not been formally assessed. There is no information available at the time of this assessment indicating plans to expand the Scheduled Monument, however the NMP does show possible field systems of archaeological interest to the west of the Scheduled Monument, and to a lesser degree to the east at Lowland Point. If the Scheduled Monument is to be expanded to include Lowland Point, the Project would be intervisible from within its eastern extent (Plate 7.6; Figure 7.2: Position 6). Without the detailed assessment of these features needed to schedule Lowland Point it is unclear how setting change would affect the significance of these heritage assets. They would, however, be expected to contribute to the evidential value of the Scheduled Monument. It should be noted ta possible barrow (32) is recorded in the HER at Lowland Point although this has not been confirmed. If these are in fact barrows, their placement on Lowland Point, and their visibility would be important considerations. The Project is however unlikely to reduce their legibility within the landscape, and therefore change to their setting would not impact on their significance. Due to the uncertainty regarding the nature of these features, further survey and investigation (possibly including excavation) would be required to determine what they are, which is beyond the scope of this assessment. Page 134

141 Photo 7.6 View north of Project from Lowland Point (Figure 7.2: Position 6) Due to the lack of intervisibility between the Scheduled Monument (A) and the Project, and the lack of shared views of the Scheduled Monument (A) and the Project from Coverack, it is thought that there is negligible setting change resulting from the Project. Grade II Listed Buildings B & C The reasons for designating the Grade II Listed Buildings c.240m to the north-west of the Project have not migrated with the original list entry. They date to the 17 th and 18 th centuries and it is likely that their significance derives from evidential value and historic illustrative value associated with their age, and possibly aesthetic value as cottages within the rural Cornish landscape identified by the HLC as medieval farmland. It is therefore possible that any setting change resulting from the Project could impact this aesthetic value Any setting change associated with the Project would result from the western part of the project, included the replacement of the gate at the entrance to Dean Quarry. An earlier version of the gate was included in the 2010 cultural heritage assessment in support of the ROMP but was not identified as having a detrimental impact on heritage assets in the environs of the Project (Plate 7.7). Page 135

142 Photo 7.7 View south of gate at entrance to Dean Quarry, from 2010 ROMP application Page 136

143 The previous gate is noticeably less robust than that proposed in the project (Plate 7.8; Figure 7.2: Position 27), however this should be recognized as a continuation of use. Photo 7.8 View south-east of entrance to Dean Quarry (Figure 7.2: Position 27) Furthermore, due to the high field boundaries and vegetation in the environs of the Listed Buildings and the Project there is no intervisibility between the two (Plate 7.9). It is therefore thought that there will be no change in the setting of the Grade II Listed Buildings (A&B) resulting from the Project. Page 137

144 Photo 7.9 View north-west towards Grade II Listed Buildings (A&B) from entrance to Dean Quarry (Figure 7.2: Position 27) 7.7 Assessment of impacts The following sections set out possible impacts resulting from the Project which may affect heritage assets. The development used a mini digger to dig holes 400mm x 400mm, and 400mm deep. Concrete posts measuring 100mm x 100mm and 2.3m in length, reinforced with steel bars and splayed at the top to prevent water damage, were then inserted into each hole and backfilled with approximately 0.04m 3 of concrete. Material from around the fence post was used to cover the concrete. Once the posts were erected, galvanised wire was threaded through each of the posts and then attached to any connecting walls and buildings using fixing wire to stainless steel eye bolts (100mm long into the buildings and 200mm into the rock face at the north end of the development), which had been drilled into the structures. A further week was taken to attach the 1.8m high galvanised chain link fencing to the post wire using galvanised tying wire. A summary of potential effects on cultural heritage is provided in Table 7.1. Page 138

145 7.8 Construction Direct impacts Impact: Groundworks associated with fence construction. Effect: Truncation of heritage assets. Resulting harm to heritage assets: Less than substantial harm The baseline assessment of heritage assets within the environs of the Project indicates that there has been human activity in the area since the Mesolithic and continuing into the modern period. The baseline assessment of known heritage assets has identified four records in the HER which are in the immediate vicinity of the eastern part of the Project (Figure 7.1: 8, 9, 28 and 29). These include a Bronze Age findspot (8), a Bronze Age standing stone (9), a post-medieval blacksmith s workshop (28) and a post-medieval quarry (29). The eastern limit of the Project is located within an area which has undergone active quarrying, however, and these heritage assets were not identified during the site visit. It is very likely that any deposits of archaeological interest in this area have already been removed by later quarrying activities (Plate 7.10). Photo 7.10 View south-west showing fence in area truncated by quarrying (Figure 7.2: Position 23) At the western limit of the Project, the fence line mostly follows existing field boundaries in an area where a road already exists. It is therefore thought that the potential for surviving below ground archaeology is very limited, and the extent of Page 139