Open Report on behalf of Richard Wills Executive Director, Environment & Economy. Planning and Regulation Committee

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1 Regulatory and Other Committee Open Report on behalf of Richard Wills Executive Director, Environment & Economy Report to: Planning and Regulation Committee Date: 5 October 2015 Subject: County Matter Application S53/0255/13 Summary: An application has been made by the Trustees of Park Farm 1987 Settlement (agent: Hughes Craven Ltd) under the provisions of Schedule 14 of the Environment Act 1995 for the First Periodic Review of the conditions by which Little Ponton Quarry, Whalebone Lane, Little Ponton operates. The application was accompanied by an Environmental Statement and in accordance with Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulation 2011, further information was submitted. The key issues in the determination of this application are whether the proposed conditions are acceptable in relation to controlling impacts from the development in relation to landscape and visual impacts, soils, nature conservation, the historic environment, highways, noise and dust. Discussions took place with the applicant throughout the determination of this application which resulted in a complete revised set of conditions being submitted on 11 September Recommendation: That the scheme of conditions set out in this report be approved, in accordance with those submitted on 11 September Background 1. Little Ponton Quarry, Whalebone Lane, Little Ponton is a historic limestone quarry which was granted planning permission on 6 April Under the provisions of the Environment Act 1995, in 1997 the quarry operator submitted an application for the determination of conditions which should apply to the quarry. On 6 June 1997 Lincolnshire County Council approved a total of 31 conditions to be applied to the site (reference S53/226/97). According to the information submitted, no mineral working has taken place at the site since this initial review was undertaken.

2 2. Since the initial review of conditions for Little Ponton Quarry in 1997, the town of Grantham has been awarded Growth Point Status and two Sustainable Urban Extensions have been allocated through the South Kesteven Core Strategy (adopted 2010). The Southern Quadrant Sustainable Urban Extension has been designated from the A1 in the west to the A52 in the east and part of its southern boundary lies adjacent to the northern boundary of Little Ponton Quarry. As part of this development a Southern Quadrant Link Road between the B1174 Spittlegate Level and the A52 Somerby Hill was granted planning permission by South Kesteven District Council on 27 November 2013 (reference S13/0775). Further to this an outline application has been submitted to South Kesteven District Council to develop the land south of Grantham as a mixed use urban extension comprising: up to 3,700 dwellings including sheltered housing for the elderly and extra care accommodation in Class C2; up to 110,000 square metres of employment space within use classes B1, B2 and B8; educational facilities including a primary school and a secondary school; a local centre up to 8,000 square metres including use classes A1 shops, A2 financial and professional offices, A3 restaurant, A4 public house, A5 takeaway, B1 police room, D1 health centre and crèche, D2 community hall and gym; associated open space, playing fields and changing rooms, children's play areas, allotments, woodlands, wildlife habitat areas and sustainable urban drainage system; roads, footpaths, cycleways, car and cycle parking; utility services including electricity substations and pumping stations with all matters reserved (reference S14/2169). This application has not yet been determined. 3. The proposed Southern Quadrant Link Road lies along the southern boundary of the Sustainable Urban Extension, adjacent to the northern boundary of Little Ponton Quarry. The illustrative masterplan which has been submitted with the Sustainable Urban Extension outline planning application shows an area of landscaping between Little Ponton Quarry and the proposed Link Road and then a further area of landscaping between the proposed road and the land to the north, which is proposed to be the final phase of housing. As part of the Link Road scheme it is proposed that Whalebone Lane to the north would be closed to vehicle traffic, with the road being realigned to join the Link Road. The Application 4. Little Ponton Quarry is a historic limestone quarry with planning permission to be worked until It is estimated that there are 9 million tonnes of remaining reserves of limestone at the quarry within the permitted area. Under the provisions of Schedule 14 of the Environment Act 1995, this application has been made for the First Periodic Review of the conditions by which Little Ponton Quarry operates. This application was received on 5 December 2012 and has been subject to additional information and amendments during the course of its determination. The conditions originally proposed by the applicant have also been amended since the application was originally submitted.

3 Site Location Plan Environmental Statement 5. The application has been supported by an Environmental Statement (ES) and in accordance with Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (EIA Regulations), further information was submitted on 18 June 2015 to supplement that submitted with the original ES. The original ES contains the following information (although some of this information has been subject to change since the original submission, the revised information is set out in relation to the Regulation 22 submission later in this report):

4 Chapter 1: Non-Technical Summary provides a summary of the chapters of the ES. Chapter 2: Introduction provides the background to the site and states that planning permission for mineral extraction at Little Ponton Quarry was originally granted in It states that during the initial review in 1997 of the old mineral planning permission, it was agreed that no further working should take place within the southern, previously worked area of the site. It is also stated that it is unclear when the quarry was last worked substantially, but that the site has remained inactive since the determination of the Initial Review and a number of the pre-commencement conditions contained within that Review have not been discharged. The applicant is said to have no immediate plans to recommence working at the site but wishes to retain the permission to allow for future mineral working. Chapter 3: Site Details describes the site as being situated approximately 3.5 km south-southeast of Grantham, within the parish of Little Ponton and Stroxton. The site lies on the eastern slopes of the Witham Valley, with the River Witham running from south to north between 250 metres and 700 metres to the west. The surrounding area is largely in agricultural use with industrial land uses becoming more common towards the southern fringe of Grantham, to the north west of the site. The principal transport routes include the A1 to the west and the A52 to the north. The East Coast Mainline railway runs to the west of the site, with Whalebone Lane, a "C" class road, forming the eastern boundary. The total permission area extends to approximately 21 hectares and the area is divided into two triangular sections, with working having historically been restricted to the southern section. The northern part of the site is approximately 16.7 hectares and comprises primarily agricultural land. Twentytwo Acre Plantation lies approximately half way along the western boundary of the northern part of the site and Whalebone Spinney is located in its north eastern corner. The land falls from northeast to west with a maximum elevation of 120 metres Above Ordnance Datum (AOD) in the north east corner, falling to approximately 103 metres AOD at its north western boundary and 107 metres AOD at its southern tip. The southern part of the site is approximately 4.3 hectares and is largely comprised of historic mineral workings which have regenerated to varying degrees. The northern part of this site is approximately 107 metres AOD, falling to approximately 75 metres AOD at its southern tip. The existing entrance to the quarry is directly from Whalebone Lane, approximately 170 metres north of the southern tip of the site. The closest residential properties to the site are Park House Cottages which are approximately 170 metres from the southern tip of the site. Chapter 4: Geology and Reserves states that the former workings at the site exploited beds of the lower part of Upper Lincolnshire Limestone and all units of the Lower Lincolnshire Limestone and that a number of boreholes

5 drilled around the site have confirmed these beds continue beneath the unworked area. Local soils are said to generally be thin, stony and infertile with poor water retention. Borehole data indicates that mean limestone thicknesses beneath the unworked section of the site are in the region of 30 metres, with the base of the limestone broadly mirroring surface topography and falling to the south and west. For the purposes of reserve estimation a figure of 28 metres has been utilised to take into account the presence of highly weathered material close to the surface, the thin interbedded clays which are encountered within the deposit and the drop in topography in the north western corner of the site. It is stated that allowing for a standoff from all boundaries, woodlands, proposed screening bunds, site access and infrastructure, it is anticipated that the total extraction area would be in the region of 14 hectares, containing a saleable reserve in the region of 7 million tonnes (using a conversion rate of 2.3 tonnes per cubic metre). Chapter 5: Hydrology and Hydrogeology states that owing to the permeable nature of the underlying limestones, surface waters on the limestone outcrop are largely absent, with the closest significant surface water to the site being the River Witham. Groundwater levels lie below the base of the economic limestone deposit. The Lincolnshire Limestone Formation is designated as a Principal Bedrock Aquifer by the Environment Agency, however, site specific data has shown it to be unsaturated beneath the site. The southern section of the site and western part of the northern section of the site lie within a groundwater Source Protection Inner Zone, with the remainder of the northern section lying within Zone 3 (Total Catchment). The principal potential sources of contamination in relation to future operations are on-site refuelling or maintenance of plant and the leaking of fuel or chemicals from plant. In order to minimise the risks all chemical, oil or fuel storage containers shall be of appropriate design. In order to minimise the risk of leakages or spillage of potential pollutants from vehicles, all vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times. Chapter 6: Proposed Future Working states that as the quarry is not currently operational it has no established markets, however, previous working has shown it to be capable of producing a wide range of quality products including agricultural lime, building stone and a range of aggregates. Whilst the potential markets for aggregates will be largely limited to the local area due to haulage costs, it is feasible that agricultural lime and building stone could serve regional or even national markets. As previously agreed, no further mineral extraction is proposed to take place within the southern section of the site. Twentytwo Acre Plantation, on the

6 western boundary of the northern section, and Whalebone Spinney, in the north east corner of the northern section will be protected and a stand-off of five metres will be maintained from their boundaries. In addition to this, in order to protect the existing boundary hedgerows, no mineral working will take place within five metres of any hedgerow, although topsoil storage and screening bunds may be constructed within this area. Prior to extraction commencing a range of preparatory woks would be undertaken, including the construction of a new access onto Whalebone Lane, immediately south of Whalebone Spinney. In addition site infrastructure including a site office, weighbridge, wheelwash and welfare facilities are proposed to be located in the north eastern corner of the site. Bunds of up to three metres in height are proposed along all site boundaries to screen the development and to store soils for use in restoration. It is estimated that extraction rates would initially be between 30,000 and 50,000 tonnes per year, increasing to around 100,000 tonnes per annum as markets are established. The current conditions do not place any restriction on the maximum tonnage to be produced and to do so would adversely prejudice the economic viability of operating the site. It is proposed to work the full depth of the limestone which would result in a base of working of between 70 and 85 metres AOD dependent on local variations in the base of the limestone. Mineral would be extracted by means of a 360 degree hydraulic excavator and will be processed by a range of mobile plant. It will be worked in benches of up to ten metres in height and once extraction in any one area is completed, these faces may be re-profiled to form a final batter of up to 15 metres and of a suitable angle to maintain long term face stability. The site is proposed to be worked in three phases, commencing in the north eastern corner, as follows: Phase 1: this covers an area of approximately 4.7 hectares and involves working north westwards and south westwards in order to open up faces of sufficient size to access deeper reserves. Soils stripped from this phase will be used to form bunds adjacent to the workings along the northern and eastern boundaries. Phase 2: this covers an area of 5.1 hectares and will progress south westwards to the southern limit of extraction. Soils stripped from this Phase will be used to extend bunds along the northern and south eastern boundaries of the site, and to form a new bund along the western boundary. Phase 3: this covers an area of 4.3 hectares and will progress north westwards to ensure that plant working within the Phase is screened from potential views from the west and northwest by the working face. Soils stripped here will be used in the restoration of earlier phases.

7 Chapter 7: Operational Details states that mineral would be extracted by means of a 360 degree hydraulic excavator and processed by a range of industry standard mobile plant, typically mobile crushers, mobile screens and wheeled loading shovels. It is proposed to relocate the plant as extraction progresses through the quarry to minimise internal haul distances. Mineral would be processed on the quarry floor and stockpiles are proposed to not exceed five metres and be located to ensure that they would not be visible from outside the quarry. It is also stated that soil stripping and handling would only take place under appropriate weather conditions and that bunds would be constructed around the periphery of the extraction area. The bunds are proposed to be no more than three metres high with a crest of between two and three metres and a slope not exceeding one in one. The bunds are estimated to contain approximately 30,000 cubic metres of material. No dewatering of the site is proposed. Whilst blasting is considered unlikely, it is considered that its future use cannot be discounted. The existing working hours are 07:00 to 18:00 hours Monday to Friday and 07:00 to 12:00 hours on Saturdays, with no working on Sundays, Bank or Public Holidays and it is proposed to retain these working hours. Artificial lighting is proposed to be limited to that fitted to plant operating around the site and small areas within the vicinity of the site office, for health and safety reasons. Chapter 8: Restoration acknowledges that the importation of wastes to achieve a high level restoration scheme is unlikely to be viable and that the proposed restoration is to a low level conservation use with a mixture of exposed quarry faces, gently sloping floor and steeper peripheral slopes. The restoration of the site is proposed, as far as possible, to be progressive with unsaleable quarry wastes being temporarily stockpiled prior to their use in final landforming. Final restoration is proposed to involve the creation of a significant area of calcareous grassland which is a priority habitat in the Nation Biodiversity Action Plan and Lincolnshire Biodiversity Action Plan. In relation to the previously worked section of the quarry, it is acknowledged that this has regenerated successfully and so further works would be restricted to those required to stabilise the old quarry faces and to ensure their long term stability. The quarry faces are currently up to 20 metres in height and it was proposed to backfill this area to a depth of approximately 10 metres with 5,000 cubic metres of overburden and quarry wastes arising from workings to the north. In relation to the northern section of the quarry, the exposed faces are proposed to be ripped to create a mixture of exposed hard faces and areas of scree. In certain areas it is proposed to mound quarry wastes against the faces to ensure their long-term stability and then spread any available soils.

8 It is stated that restoration would be progressive, however, all landscaping is stated to be dependent upon the actual ground conditions encountered. Restoration to calcareous grassland is proposed to be initially undertaken through natural regeneration, however, if this proves to be ineffective other methods would be used. During the aftercare period the site is proposed to be managed for conservation purposes. The hedgerows around the boundary of the site are proposed to be managed and maintained and allowed to grow to a height of approximately 3 metres during the quarry being operational and thereafter maintained and losses replaced. Chapter 9: Transport Assessment states that the quarry lies to the west of Whalebone Lane which is a single carriageway road, approximately 3.5 metres in width. At its northern point Whalebone Lane runs to the A52 and to the south west to the A1. From its junction with the A1 to its junction with the A52, Whalebone Lane is subject to a weight restriction order of 7.5 tonnes gross vehicle weight, however, it is stated that as the quarry lies within the order area it can be accessed by vehicles exceeding this weight but it is recognised that the road network to the south of the site, including through Little Ponton, is not suitable for regular HGV traffic. It is anticipated that there would be a need to create two new passing places between the quarry and the A52 on Whalebone Lane and upgrade the existing passing place. The current quarry access is located approximately 170 metres north of the southern tip of the site and it is acknowledged that this is not suitable to serve future workings. This access is currently stopped up by blocks of stone which are proposed to be retained. It is proposed to create a new access to the north east corner of the site, to the south of Whalebone Spinney. This is proposed to be a unidirectional access, designed to ensure that all HGV traffic turns left and proceeds northwards along Whalebone Lane to the A52 and not south through Little Ponton. It is proposed to erect signage to direct drivers to turn left out of the site. The design of the new access is proposed to be the subject of a condition to agree details prior to any mineral working commencing. In terms of vehicle movements it is stated that likely production levels were unknown so it has been assumed that it would range between 30,000 and 100,000 tonnes per annum equating to between 11 and 37 vehicle movements per day on average but with an estimated maximum of 150 HGV movements per day if production rose to 1,500 tonnes per day, for example, for a short term large contract. On the basis of the quarry employing between 4 and 8 people, it is anticipated that there would also be between 8 and 16 light vehicle movements per day. Whilst it is stated that car sharing would be encouraged, it is acknowledged that public transport and walking are not feasible modes of transport to access the site. It is noted that there are currently no restrictions on vehicle movements to or from the site.

9 Prior to the recommencement of mineral extraction, appropriate wheel cleaning and weighbridge facilities are proposed to be installed at the site and retained for the lifetime of the quarry. Chapter 10: Noise states that the site lies approximately one kilometre east of the A1 and that the East Coast Main Line railway runs close to the western boundary of the site. The nearest residential properties to the proposed area of working are Park House Cottages which lie over 650 metres to the south. The closest residential property to the east is over 850 metres from the site and the closest building to the north east, downwind of the site, is Kesteven Rugby Club's pavilion, 900 metres away. The principal source of noise identified is from the initially stripping of soils when plant is operating at the surface without the benefit of screening bunds, however, it is stated that this would only take place for a relatively short period of time. The other main source of noise is stated to be the plant operating within the quarry. However, noise levels are proposed to be minimised by locating the mobile plant next to the mineral workings. In order to minimise noise levels screening bunds of up to three metres in height are proposed to be created along the site's boundaries and a range of measures are provided to minimise noise levels. It is concluded that given no sensitive receptors are located within 500 metres of any proposed workings and given existing background noise levels at sensitive receptors resulting from the A1 and East Coast Main Line railway, potential noise impacts would be negligible and would be within appropriate levels. Chapter 11: Dust states that the principal sources of dust are likely to be from the excavation of material from working faces; the movement of plant around the quarry on internal haul roads; and the crushing and screening of material. The main effect of dust is considered to be visual. No sensitive receptors have been identified within 500 metres of the site and the nearest downwind potentially sensitive receptor is Kesteven Rugby Club, 900 metres to the north east. The area surrounding the quarry is in agricultural use and this is considered to have low sensitivity to dust. A Dust Action Plan is proposed for the site. Chapter 12: Ecology identifies one Site of Special Scientific Interest (SSSI) within 2 kilometres of the site, that is Woodnook Valley SSSI which lies 300 metres to the south east which is designated due to its calcareous grassland interest. In addition to this, thirteen non-statutory designated sites have been identified within 2 kilometres of the site, including Little Ponton Site of Nature Conservation Interest and Local Geological Site which lie within the site boundary. The majority of the unworked section of the site is an arable field with hedgerows running along the western and eastern boundaries. Only fragments of hedgerows run along the northern boundary where there is

10 also a derelict wall. Twentytwo Acre Plantation is located along the western boundary and is stated to include numerous mature tree species. Within the previously worked section of the quarry are large areas of bare ground and exposed stone faces with patches of grassland vegetation establishing over the impoverished soils. No mineral extraction is proposed in the previously worked section, Twentytwo Acre Plantation or Whalebone Spinney. The existing boundary hedgerows and areas of woodland are proposed to be protected by a minimum stand-off of five metres. No vegetation clearance is proposed to take place within the bird nesting season and bird scaring measures are proposed to be used prior to the nesting season to prevent ground nesting birds being disturbed. The creation of calcareous grassland in the restoration of the site is stated to provide a significant biodiversity gain. Chapter 13: Flood Risk states that the whole site lies within Flood Zone 1 and is therefore a minimal risk from flooding. The site is not considered to be at significant risk from surface water run-off from adjacent land and working is proposed to take place in a manner designed to ensure that surface water would drain away from the working face, temporarily collected in a sump prior to seepage into the surrounding strata. It is concluded that there would be no increased flood risk to any third party properties. Chapter 14: Landscape and Visual Impact describes the site as being located within the Kesteven Uplands character area, as defined in the South Kesteven Landscape Character Assessment. The site is stated to lie on the eastern flank of the River Witham valley. The landscape surrounding the site is considered to be of medium value with a number of detracting factors including the electricity pylons which cross the site, the East Coast Main Line railway, the A1 and industrial developments to the south of Grantham. The area is considered to be potentially sensitive to inappropriate change. The future working of the site is considered likely to have a slight adverse impact on the surrounding area. The site is proposed to be screened by allowing all boundary hedgerows to grow up to a height of three metres and the soils stripped from the site are proposed to be used to form screening bunds of up to three metres in height along all boundaries, constructed progressively as extraction progresses. These measures are stated to ensure that impacts would be minimised and all plant would be screened by the working faces. Impacts during the working phase are assessed as being minor adverse, with post restoration impacts being neutral. Chapter 15: Soils, Geology and Land Stability states that it is considered that the agricultural land is likely to be grade 3b with possible limited areas of grade 3a land, although no formal agricultural land classification has been undertaken.

11 The potential for geological exposures to be of interest at the site is acknowledged. The previously worked section of the quarry is proposed to be backfilled and the quarry floor raised with quarry wastes and soils stripped from future workings, to minimise potential long term stability issues. Chapter 16: Archaeology and Cultural Heritage states that there is a moderate potential for archaeology relating to a prehistoric / Romano-British settlement to exist at the site, particularly in light of the Romano-British "small town" of Saltersford. Chapter 17: Ancillary Concerns considers potential impacts on airfield safeguarding, services, Public Rights of Way and cumulative impacts and concludes that there would be no adverse impacts in relation to these matters. Chapter 18: Benefits and Alternatives states that the development would result in the direct employment of between 4 and 8 people, that it provides the opportunity to finalise the restoration of the previously worked section of the quarry and that the restoration scheme would provide an opportunity for significant, long-lasting ecological improvements. It also states that the quarry is ideally placed to supply the projects associated with Grantham following its award of Growth Point Status. In relation to alternatives, it is acknowledged that given this is a ROMP application it is not feasible to consider alternative sites so the assessment has been limited to different working methods, phasing and restoration. It is concluded that whilst such alternatives have been considered the proposals are considered to offer both economic and environmental advantages. Chapter 19: Planning Policy considers the policies of relevance at national and local level. The following technical appendices were included within the ES: - Ecological Assessment; and - Archaeological Desk Based Assessment. Following a request under Regulation 22 of the EIA Regulations, further information was submitted on 18 June The submitted information was to address queries and objections which had been raised in relation to the originally submitted Environmental Statement and changes to the proposed development were made at this stage, as detailed below. The further information submitted included the following: Chapter 1: Introduction provides a brief background to the development and details the request for further information issued by Lincolnshire County Council on 19 August It states that the proposal to undertake restoration measures within the previously worked section of the quarry

12 have been removed and therefore the requirement for a number of surveys relating to this area have been agreed to no longer be required. In addition, it is stated that it was agreed that there was no requirement for quantitative dust monitoring or a detailed PM10 assessment. This section also acknowledges that the minerals permission was suspended as the further information requested had not been submitted by 1 January Chapter 2: Amendments to Original Proposals states that since the submission of the application in December 2012 there have been a number of material changes to the proposed development and to the land between the site and Grantham. At the time of submission, no operator had been identified and so minimal details had been provided. Since then, it is stated that an operator has been identified and that operations would recommence at the earliest opportunity following determination of the new conditions. Since the application was submitted, planning permission has also been granted for a Southern Relief Road around Grantham, including a 3 km road designed to link the A52 at Somerby Hill to a new junction with the A1. The approved line of this road runs close to the northern boundary of the site and there is a proposed roundabout located close to the northwest corner of the site. As part of those plans it is also proposed that Whalebone Lane to the north would be closed to vehicular traffic, with the road being realigned to join the Southern Relief Road. It is considered that the alterations to Whalebone Lane would benefit this development by significantly reducing the distance which HGVs would have to travel prior to accessing the A road network. The proposed new roundabout is also stated to present an opportunity for an alternative site access. An outline application has been submitted to South Kesteven District Council (but not yet determined) for a Southern Quadrant Urban Extension including up to 3,700 dwellings and up to 110,000 square metres of employment space on land to the south of Grantham. It is noted that the application boundary adjoins the northern boundary of the Little Ponton Quarry site but that the proposed Relief Road would separate the quarry from any built development. The indicative phasing plan shows that the closest built development to the north of the quarry site are scheduled for construction during the later phases of the development by which point the Relief Road and screen planting would be well established and the extraction operations at the quarry would have moved south, away from the proposed residential areas. As a result of the proposed Southern Quadrant Urban Extension, a number of revisions to the proposed landscaping and working method have been made to the proposed quarrying operations to ensure they have negligible impact. These include retention of larger areas along the northern and western boundaries of the site which would be landscaped and planted to provide an additional buffer zone and wildlife corridor.

13 The extraction rate estimated in the original ES was up to 100,000 tonnes per annum. However, this chapter states that extraction rates are now anticipated to be an average of 200,000 tonnes per annum and as such it is proposed to extend the Saturday working hours by one hour from 12:00 to 13:00. A table is provided outlining the impacts of the increase in extraction rates on the assessments undertaken in the original ES. With the exception of transport impacts, no adverse impacts are stated to occur in relation to any of the other matters considered in the ES. A separate section is provided in relation to transport which states that the revised extraction rate would generate an average of 73 vehicle movements per day but that there could be a maximum of 200 HGV movements per day, however, these would be interspersed with longer periods of lower than average movements. It notes again that there is currently no restriction on vehicle movements associated with the site. Overall, it is considered that the revised extraction rate would not have any adverse highways impacts. Chapter 3: Scheme of Working provides details of the revised working of the site, including stand-off distances from the hedgerows, woodlands, proposed Relief Road and overhead electricity line. It states that on the basis of an annual extraction rate of 200,000 tonnes and an end date of 2042, it is envisaged that the typical depth of the base of the quarry would be around 85 m Above Ordnance Datum (AOD), however, to allow for operational requirements such as drainage and unforeseen geological conditions, a lower limit of 80 m AOD is proposed. Hedgerow and screen planting is proposed to take place prior to extraction commencing and a total of 2,000 trees and shrubs are proposed to be planted. An aftercare scheme for the planting is also proposed. The potential for a new access to the site to link to the Southern Relief Road via the new roundabout is discussed. It is stated that the proposed phasing remains similar to that originally submitted, however minor alterations and further details have been included at this stage. The general working pattern would involve a southwards progression of phases, with the north western section of the site, considered to potentially be the more visible section, being worked later when screen planting along the northern and western boundaries has matured. It is proposed to work the site in five phases, with each phase broken down into two sub-phases, representing working at two levels, apart from phase 4. Each phase is expected to yield between 810,000 and 1,265,000 tonnes of mineral.

14 Plan: Phase 2 Extraction and Restoration Plan: Phase 3 Extraction

15 Plan: Phase 4 Extraction Plan: Phase 5 Extraction and Restoration

16 Chapter 4: Archaeology presents the findings of a geophysical survey and evaluation trenching. The geophysical survey led to the conclusion that the greater part of the site had low archaeological potential however targeted evaluation trenching was recommended to confirm the situation. Ten trenches were opened and as a result it was concluded that the site does not contain archaeologically significant remains and that no further archaeological works are required. Chapter 5: Outline Restoration provides details of the revised restoration scheme. It states that following the advice of the Lincolnshire Wildlife Trust, the revised scheme includes the retention of a significant volume of soils in peripheral bunds and that with the exception of Phase 2 restoration, which includes an area of tree planting, the soils used in restoration would be used for landforming works with the final cover materials consisting of limestone fines. Plan: Overall Restoration Concept Phase 1 No restoration is proposed to be carried out during this phase as all soils are proposed to be used in the construction of screening bunds. Phase 2 All of the soils stripped from Phase 2 are proposed to be used in the restoration of the north eastern corner of Phase 1 and in further landscaping works in the north western corner of the site. Once all soils have been placed, this area would be planted with a mix of native trees to establish a

17 woodland to mitigate long-distance views into the site. The planting is also stated to assist in stabilising the newly formed slopes, improve site security and provide a continuation of the woodland habitat created by the advanced planting. The quarry fines generated in this phase are proposed to be stockpiled in the base of the quarry pending use in future restoration. Phase 3 No restoration is proposed in this phase as Phase 4 involves the extraction of mineral directly underlying the mineral to be extracted in Phase 3. All soils are proposed to be used in the construction of peripheral bunds or stockpiled temporarily pending burial in restoration works. The quarry fines generated in this phase are proposed to be stockpiled in the base of the quarry pending use in future restoration. Phase 4 As working within this phase progresses northwards, it is proposed that soil and quarry fines stockpiled in earlier phases would be used to buttress the southern and eastern faces. The western faces beneath Twentytwo Acre Plantation are proposed to be exposed. All nutrient soils are proposed to be buried and final cover materials are proposed to consist of limestone fines. To the east of Twentytwo Acre Plantation a valley feature is proposed providing a sump to aid in the drainage of the restored landform. Phase 5 It is proposed to combine the soils stripped from the area with quarry fines generated from on-going working to raise the base of Phase 4 to approximately 90 m AOD, except the valley feature outline above. The northern faces are proposed to be buttressed to create southerly sloping areas of calcareous grassland. Once all restoration landscaping has been completed, it is proposed to remove the parking and office areas close to the access to Whalebone Lane and re-soil these areas using materials recovered from the peripheral bunds. These areas are then proposed to be planted with a mix of woodland species similar to those used in the Phase 2 restoration works. It is proposed to retain the site entrance and principal internal haul roads for use in ongoing management but to down-grade these to an appropriate scale. All areas are proposed to be subject to a five year aftercare programme to ensure the successful establishment of the intended habitats. Chapter 6: Agricultural Land states that a soil and agricultural land classification investigation has been undertaken which concluded that the

18 greater part of the site consists of grade 3a soils with 17% identified as grade 2. As such, much of the site is classified as being Best and Most Versatile Agricultural Land. However, given that permission for quarrying activities already exists at the site, it is stated that the loss of these soils is unavoidable and that working to the proposed depths would mean that restoration to productive agricultural land is considered highly unlikely. It is noted that the generation of calcareous grassland relies on the absence of high nutrient soils and that the spreading of the original soils would be detrimental to the intended restoration. As such it is proposed to use all available soils in screening bunds, landforming or the restoration of limited areas of the site to woodland. Overall, these uses are considered to be the most sustainable use of the soils. Chapter 7: Dust states that a Dust Management Plan has been produced including an assessment of the likely sources of dust and implications in relation to sensitive receptors. A range of mitigation measures are proposed to ensure that dust emissions are minimised and a complaints procedure is included in case any unexpected impacts occur. Chapter 8: Noise states that a Noise Impact Assessment has been undertaken which included consideration of the proposed Southern Quadrant Urban Extension and the additional sensitive receptors. It concludes that predicted noise levels would be within the relevant limits and that as such no further mitigation measures would be necessary. The following technical appendices were included with the Regulation 22 Further Information: - Geophysical Survey; - Evaluation Trenching; - Agricultural Land Classification; - Dust Management Plan; and - Noise Impact Assessment. Following discussions with consultees, a complete set of revised proposed conditions was submitted on 11 September 2015 to address the issues raised. Site and Surroundings 6. Little Ponton Quarry is located approximately 3.5km south east of the town of Grantham and to the east of the settlement of Little Ponton. The whole site extends to approximately 21 hectares and is comprised of two triangular shaped sections. The southern section of the site is bounded to the south west by the East Coast Mainline Railway and the east side of both sections of the site is bounded by Whalebone Lane, a narrow, single width lane which links the A1 to the south with the A52 to the north.

19 7. The southern section of the site has previously been worked and over time has naturally regenerated such that it now is considered to have nature conservation interest. The northern section of the site is currently in agricultural use and approximately half way along the western boundary of this section of the site is Twentytwo Acre Plantation. In the north eastern corner of this part of the site is Whalebone Spinney. Photo: southern, previously worked section of the site Photo view from north east corner of site looking west with Twentytwo Acre Plantation on left of photo

20 Photo view from southern part of northern section of site looking north 8. Beyond the western boundary of the site the ground level drops towards the A1 trunk road and the industrial units which run parallel to this road. To the north west of the site are views into the town of Grantham, where the ground level is also lower than the site. The eastern boundary of the site, with Whalebone Lane, is bounded by mature trees and hedgerows which screen views of the site from this lane. The northern boundary of the site has intermittent vegetation and the remains of a dry stone wall are found along this boundary. Photo view beyond western boundary with Grantham to right of photo and industrial units along A1 in centre and left

21 9. A high voltage overhead power line transects the southern part of the northern triangular section of the site. The nearest residential properties to the site lie to the south west in Little Ponton and would be over 650 metres away from the closest part of the site proposed to be worked. Photos Whalebone Lane at point of proposed new access looking north and south

22 Photos - junction of Whalebone Lane with A52 Main Planning Considerations National Guidance 10. The National Planning Policy Framework (March 2012) (NPPF) sets out the Government s planning policies for England. It is a material consideration in the determination of planning applications and adopts a presumption in favour of sustainable development. A number of paragraphs of the NPPF are of particular relevance to this application, including the following: - paragraph 17 seeks to secure a good standard of amenity for all existing and future occupants of land and buildings; - paragraphs 99 to 103 seek to ensure that flood risk is not increased as a result of development, either on site or off-site, and directs development to those areas with the lowest risk of flooding wherever possible; - paragraph 109 seeks to contribute to and enhance the natural and local environment, including through the prevention of pollution;

23 - paragraph 118 seeks to conserve and enhance biodiversity; - paragraph 120 seeks to protect general amenities; - paragraph 123 seeks to prevent adverse impacts as a result of noise pollution; - paragraph 128 requires that the significance of heritage assets is taken into consideration, including any impacts on their setting; - paragraph 142 recognises the importance of minerals reserves and the need to make best use of them; - paragraph 144 sets out a series of criteria to be taken into account when determining applications for minerals development, including ensuring that there are no unacceptable adverse impacts on the natural and historic environment and human health and that the cumulative effects from multiple individual sites are taken into account; ensure that any unavoidable noise, dust and particle emissions are controlled and mitigated and establish noise limits for extraction in proximity to noise sensitive properties; and provide for restoration and aftercare at the earliest opportunity to high environmental standards; and - paragraph 215 states that 12 months after the publication of the NPPF (2012) due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework, with the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given. This is of relevance with regard to the Lincolnshire Minerals Local Plan and North Kesteven Local Plan. In addition to the NPPF, in March 2014 the Government published the webbased National Planning Policy Guidance (NPPG). The NPPG also sets out the overall requirements for minerals sites, including in relation to assessing environmental impacts such as noise and dust. Planning (Listed Buildings and Conservation Areas) Act 1990 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on local planning authorities in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

24 Local Plan Context 11. The Lincolnshire Minerals Local Plan (1991, saved 2007) forms part of the development plan in relation to this application. The policies of most relevance to this application are: Policy M3 (Working of Aggregate Minerals) states that every application for the working of aggregate minerals will be considered on its merits. There will however be a presumption in favour of extensions to existing workings with any new quarry normally only permitted where this replaces an existing quarry which has become worked out. Policy M4 (Surface Mineral Working on Agricultural Land) states that in considering applications for planning permission for surface mineral working on land currently in agricultural use particular regard will be had to: (i) the agricultural quality of the land, with extraction using Grade 1 and 2 land only permitted where there is no reasonable alternative and where restoration would be to an equally high quality; (ii) the environmental and economic aspects; (iii) the continuing need to protect the countryside for its own sake rather than primarily for the productive value of the land; (iv) the economic well-being of the local rural economy. Policy M8 (Surface Mineral Working and the Natural and Historic Environment) states that surface minerals working will not normally be permitted where this would have an adverse effect on areas which are of archaeological, historic, scientific or natural history interest. Regard will also be had to the impact on nature conservation and wildlife. Policy M9 (Planning Applications for Surface Mineral Working) requires applications for mineral working to be accompanied by a statement addressing a range of issues, including the following: (a) an assessment of the need for working the mineral, details of the characteristics or properties of the minerals, workable reserves and markets to be served; (b) the estimated annual output and life of the working; (c) an assessment of the traffic generated and routing to and from the markets to be served; (d) an estimate of the employment opportunities arising from the proposal; (e) details of the layout of the site and access and measures taken to protect local amenity; (f) (g) (h) (i) (j) the method and programme of working; restoration details; landscaping and tree planting proposals, including measures to protect local amenities during the period of extraction; aftercare arrangements; an appraisal of the wildlife and natural history value of the site and the protection of any such features;

25 (k) an assessment of archaeological implications and facilities for recording any interest. Policy M10 (Surface Mineral Working and Working Requirements) states that permission will be granted providing operations can be carried out in such a manner as to minimise disturbance during working and that satisfactory restoration to an appropriate after-use can be achieved. Policy M12 (Surface Mineral Working and Requirement for Adequate Local Highway Network to Accommodate the Traffic Generated) states that planning permission will only be granted for surface mineral working where the local highway network is adequate to accommodate the traffic that the proposed development is likely to generate. Policy M14 (Restoration of Surface Mineral Working) requires proposals to be accompanied by a detailed scheme of restoration for the site. Policy M15 (Surface Mineral Working Aftercare) states that conditions requiring the after-care of restored sites will be imposed. The South Kesteven Development Plan is made up of the Core Strategy ( ) (July 2010), the Site Allocation and Policies Development Plan Document (April 2014) and the saved policies in the South Kesteven Local Plan (1995). Of these documents, the following policies are of relevance in this case: South Kesteven Core Strategy (2010) Policy SP1: Spatial Strategy sets out that the majority of new development should be focused upon Grantham and that development in the countryside will only be considered acceptable if it is for: a. affordable housing; b. agriculture, forestry or equine development; c. rural diversification projects; d. local services and facilities; e. replacement buildings; or f. conversions of buildings, subject to meeting certain criteria. Policy SP3: Sustainable Integrated Transport refers to the provision of an east-west relief road between the A1 and the A52 to the south of Grantham being brought forward as part of the Southern Quadrant Sustainable Urban Extension to the town. It also encourages sustainable modes of transport and the requirement for developer contributions, where appropriate, towards the provision of necessary improvements. Policy SP4: Developer Contributions sets out the provision for seeking developer contributions.

26 Policy EN1: Protection and Enhancement of the Character of the District seeks to ensure the conservation, enhancement and restoration of the character of the District and states that all development proposals will be assessed in relation to: 1. statutory, national and local designations of landscape features, including natural and historic assets; 2. local distinctiveness and sense of place; 3. historic character, patterns and attributes of the landscape; 4. the layout and scale of buildings and designed spaces; 5. the quality and character of the built fabric and their settings; 6. the condition of the landscape; 7. biodiversity and ecological networks within the landscape; 8. promote access to and community value of the landscape; 9. remoteness and tranquillity; 10. visual intrusion; 11. noise and light pollution; 13. impact on controlled waters; and 14. protection of existing open space. Policy EN2: Reducing the Risk of Flooding seeks to ensure that all development minimises flood risk and demonstrates how surface water is to be managed. Policy H2B Southern Quadrant makes provision for a Sustainable Urban Extension on the land to the south of Grantham between the A1 in the west and the A52 in the east. Site Allocation and Development Policies (2014) Policy SD1: Presumption in Favour of Sustainable Development reflects the provisions of the NPPF and states a commitment to work pro-actively with applicants to find solutions to issues. South Kesteven Local Plan (1995) (saved policies 2007) There are no saved policies within the South Kesteven Local Plan which are of relevance to this application. In addition to this, the Southern Quadrant Masterplan Supplementary Planning Document (February 2013) is a material consideration in the determination of this application. This sets out a set of objectives for the proposed Sustainable Urban Extension (SUE) on land to the south of Grantham as part of Grantham having been awarded Growth Point Status in The following policies of the Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies (Pre-Submission Draft) January 2015 are of relevance:

27 Policy M5: Limestone states that proposals for extensions to existing limestone extraction sites or new limestone extraction sites will be permitted provided that they meet a proven need that cannot be met by existing sites and accord with all relevant Development Management Policies set out in the Plan. Policy DM1: Presumption in Favour of Sustainable Development sets out that the County Council will adopt a positive approach reflecting the presumption in favour of sustainable development set out in the NPPF. Policy DM2: Climate Change sets out the matters which must be addressed by minerals development to reduce their travelling and carbon footprint; to promote new and enhanced nature conservation; and to encourage the most efficient use of primary minerals. Policy DM3: Quality of Life and Amenity seeks to prevent unacceptable adverse impacts arising to occupants of nearby dwellings and other sensitive receptors. Policy DM4: Historic Environment seeks to protect heritage assets and their settings and ensure the impacts are fully assessed. Policy DM6: Impact on Landscape and Townscape states that planning permission will be granted provided that due regard is given to the likely impact of development on the distinctive character of the landscape and townscape of Lincolnshire. If necessary additional design, landscaping, planting and screening will be required. Policy DM9: Local Sites of Biodiversity Conservation Value seeks to protect locally designated sites and habitats. Policy DM10: Local Sites of Geological Conservation Value states that planning permission will be granted for development on or affecting local sites of geological value provided that it can be demonstrated that the development would not have a significant adverse impact on the site. Where this is not the case, permission will be granted provided that: - the merits of the development outweigh the likely impact; and - any adverse effects are adequately mitigated or, as a last resort, compensated for, with proposals resulting in geodiversity enhancements. Policy DM11: Soils states that development should protect and wherever possible enhance soils. Policy DM13: Sustainable Transport Movements states that proposals should seek to minimise road transport and seek to maximise where possible the use of the most sustainable transport option. Policy DM14: Transport by Road seeks to ensure the highway network is of an adequate standard for use by traffic generated by the development, the

28 arrangements for site access and traffic generated would not have an unacceptable impact on highway safety and ensure a travel plan is in place. Policy DM15: Flooding and Flood Risk seeks to ensure that development is located on land with the lowest probability of flooding and the development should avoid, and wherever possible, reduce flood risk. Policy DM16: Water Resources sets out the requirement that development should not have an unacceptable impact on surface or ground water. Policy DM17: Cumulative Impacts states that planning permission will be granted where the cumulative impact of developments would not result in adverse impacts on the environment or amenity of a local community. Policy R1: Restoration and Aftercare sets out the requirement for minerals workings to be restored to a high quality at the earliest opportunity. Policy R2: Afteruse seeks after uses which are not detrimental to the local economy, conserve and enhance landscape character and the natural and historic environment. Net gains in biodiversity and geological interests are sought, together with the safeguarding of the best and most versatile agricultural land. Public access is also encouraged. Restoration proposals should be designed to ensure they do not give rise to new or increased hazards to aviation. Policy R4: Restoration of limestone and chalk workings states that this should be sympathetic to the surrounding landscape and prioritise the creation of calcareous grassland habitat, except on best and most versatile agricultural land. Restoration should also seek to retain suitable exposures for geological educational use where appropriate. Results of Consultation and Publicity 12. (a) Local County Council Member, Councillor B Adams consulted on 30 June 2015 but had not responded at the time of writing this report. (b) Little Ponton and Stroxton Parish Council this parish is vacant. (c) Natural England in relation to the original submission stated that the site is in close proximity to Woodnook Valley Site of Special Scientific Interest (SSSI). However, given the nature and scale of the development, satisfied that there is not likely to be an adverse effect on this site as a result of the proposal being carried out in strict accordance with the details as submitted. State the need to consider other impacts of the development and refer to standing advice where appropriate. Following receipt of the further information submitted in response to the Regulation 22 request responded to state that remain satisfied the Woodnook Valley Site of Special Scientific Interest would not be

29 negatively impacted by the development. Welcome the commitment to a dust management plan and the associated proposed condition 24. Note that the development would extend to approximately 16.7 hectares including some 14.8 hectares of best and most versatile agricultural land. Whilst do not wish to comment in detail on the soils and reclamation issues arising from the proposal, would expect the Planning Authority to take the economic and other benefits of the best and most versatile agricultural land into account and make the following points: - satisfied that the site working and reclamation proposals provided in support of this application meet the requirements for sustainable minerals development set out in the Minerals Planning Practice Guidance, particularly section 6 on restoration and aftercare; - note that the further information demonstrates that an equivalent area of the best and most versatile agricultural land disturbed as a result of the development would be reinstated to a similar quality; - satisfied that the Soils and Agricultural Land Classification Report (Appendix 4) constitutes a record of the pre-working physical characteristics of the land within the site boundary; - recommend the adoption of the "Loose-handling" methods of Defra's Good Practice Guide for Handling Soils to minimise damage to soil structure and achieve high standards of restoration; - more general advice for planning authorities can be found in the Defra Guidance for Successful Reclamation of Mineral and Waste Sites. Refer to Natural England's standing advice in relation to protected species. Support the principle of restoration to calcareous grassland and welcome the plans and proposed condition 27 to facilitate this. Recommend the proposals are assessed in relation to local designations. (d) Environment Agency in relation to the originally submitted conditions stated that are supportive of condition 28 which requires a restoration scheme to be submitted prior to commencement of phase 2. Would expect there to be consideration of whether surface water would be increased once the site is restored and what measures will be put in place to mitigate this if necessary. Following receipt of the further information submitted in response to the Regulation 22 request responded to state no concerns with the amended plans or proposed conditions. (e) Anglian Water Services consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in

30 response to the Regulation 22 request but had not responded at the time of writing this report. (f) Upper Witham Internal Drainage Board - responded in relation to the further information submitted in response to the Regulation 22 request to state that the site must be attenuated to green field rates and any catchment divides within the site must be maintained within the final restoration. All drainage routes through the site should be maintained both during the works on site and after completion of the works. Provisions should be made to ensure that upstream and downstream riparian owners and those areas that are presently served by any drainage routes passing through or adjacent to the site are not adversely affected by the development. Drainage routes shall include all methods by which water may be transferred through the site and shall include such systems as "ridge and furrow" and "overland" flows. The effect of raising site levels on adjacent property must be carefully considered and measures taken to negate influences must be approved by the Local Planning Authority in order to prevent an increase in the risk of flooding and / or waterlogging on adjacent property. (g) Environmental Health Officer (South Kesteven District Council) in agreement with the originally proposed conditions. Subsequently, following receipt of the further information submitted in response to the Regulation 22 request responded to state that the applicant has stated no mineral processing will be undertaken within 140 metres of any residential dwellings and the proposed soil bunds should alleviate noise nuisance and to a lesser degree, dust from the site. Dust monitoring must be undertaken at sites approved by the local authority and should be included as a planning condition. In view of the proposed on-site activities, which may include restoration of the site by importing refill materials, the activity may require permitting in terms of the Environmental Permitting (England & Wales) Regulations Air quality, land, water and noise pollution issues should be covered by the permit. In discussions with the Environmental Health Officer it was agreed that on-going dust monitoring was only necessary along the northern site boundary. Confirmed that the Dust Management Plan submitted on 9 September 2015 was acceptable and requested that monitoring be ongoing. (h) Lincolnshire Wildlife Trust in relation to the original submission stated that pleased to note that no further quarrying is proposed to take place in the previously worked quarry to the south or two plantation woodlands adjacent to the site. However, have serious concerns

31 regarding the proposals to back fill the previously worked quarry with spoil from the northern quarry area. This old quarry site is designated as Little Ponton Quarry Site of Nature Conservation Importance (SNCI) and is a candidate Local Geological Site. A mosaic of habitats, including calcareous grassland, as described in the Ecological Assessment report have developed in the site. The ecological survey was not carried out at the optimal time of year for botanical surveys and some species indicative of calcareous grassland may not have been present. This limitation is recognised in the report at paragraph 43. The report goes on to state in paragraph 52 that the previously worked quarry and its mosaic of habitats are potentially of district level value. Given the value of the habitats that have developed within the old quarry site it is concerning to note that the predicted impacts on the site appear to have been based on an assumption that nothing was going to be happening to the site. Clearly the previously worked section of the quarry is not going to remain unaffected so the conclusions in the Ecological Assessment report are not valid. Given that the current proposals to back fill the previously worked section of the quarry would result in the loss of habitats the site should be subject to a detailed botanical survey at the appropriate time of year. This would allow the site to be assessed against the Lincolnshire Local Wildlife Site criteria and enable potential impacts to be fully assessed and appropriate mitigation implemented. Given the back fill proposals a reptile survey would also be required to assess the potential impacts on the local reptile population and if necessary make recommendations for suitable mitigation. Given the nature conservation interest of the habitats that have developed in the previously worked section of the quarry, object to the back filling of this part of the quarry and strongly recommend that it is left untouched. If there is no alternative but to back fill it, botanical and reptile surveys should be undertaken and appropriate mitigation put in place. The Trust strongly supports the restoration plans for the northern section of the quarry to calcareous or limestone grassland as Little Ponton Quarry is located in a priority area for calcareous grassland recreation. Calcareous grassland is a UK and Lincolnshire Biodiversity Action Plan (BAP) priority habitat and this site would help to meet targets in the UK and Lincolnshire BAP. However, have some comments regarding the finer details of the restoration scheme. Calcareous grassland grows best when nutrient levels are low and therefore recommend that the top soil is not spread back across the site but would be better left in bunds to keep nutrient levels low across the site. If the top soil has to be removed from the bunds would recommend that it is used as the basal layer and is covered, or mixed, with the coarse limestone waste. Subsoil mixed with the fine limestone

32 waste or simply the fine limestone waste could then be spread to form the topmost layer. This would produce a more calcareous and less fertile substrate which would maximise the chances that specialist calcareous species become established and would minimise competition from more vigorous, less desirable species. Also recommend that in some areas limestone is left exposed and not covered with limestone waste or a limestone waste / subsoil mixture. Pleased to note that there are plans to incorporate micro-topography into the final landform to add interest and promote the establishment of a range of habitats. A variation in micro-topography with spoil heaps would maximise the variety of aspects and soil temperatures suiting mosses on northern slopes, and certain plants and insects on southern slopes. Support the proposed method of establishing calcareous grassland through allowing natural revegetation to take place. If seeding is used as a means of establishment agree that it is important to ensure that commercial seeds have native provenance and are from a local source. Recommend that hay or seed is not spread across the whole site but that some areas are left unseeded to colonise naturally. With regard to aftercare would welcome sheep grazing of the site or a hay cut in July followed by aftermath grazing. Welcome the proposed retention of limestone faces within the restoration plan which will be valuable to wildlife as they become colonised by plants and animals and also as a geological educational resource. Any important geological features should be left exposed and recommend the Lincolnshire Geodiveristy Group is involved. Following receipt of the further information submitted in response to the Regulation 22 request responded to state that welcome the revisions to the scheme which mean that the previously worked quarry will no longer be backfilled with soils and quarry waste arising from the working of the northern section of the site, ensuring that the conservation interests of the habitats that have developed will be retained. With regard to the restoration proposals for the northern section of the quarry, still support the plans to restore the majority of the site to calcareous or limestone grassland given the site's location in a priority area for calcareous grassland re-creation. Welcome the proposals to bury the high nutrient soils and that the final cover material will be dominated by limestone fines, producing a more calcareous and less fertile substrate, maximising the chances that specialist calcareous species become established and minimising competition from more vigorous less desirable species.

33 It should be noted that the verges of Whalebone Lane from the junction with the A52 to the northern edge of the development site were selected as a Local Wildlife Site (LWS) called Whalebone Lane Verges LWS in March They were selected for their calcareous grassland habitat. As this lane is fairly narrow, it is noted that passing places are proposed. Given the LWS status mitigation measures should be put in place to ensure that impacts on the verges are minimised during the construction of the passing places. Passing places will result in the loss of small sections of LWS verge, however, satisfied that the creation of calcareous grassland as part of the restoration scheme will provide ample compensation for any loss of such grassland along the LWS. (i) Lincolnshire Biodiversity Partnership consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report. (j) (k) (l) Highways Agency in relation to the original submission stated that the development is not expected to have a material impact on the closest strategic route, the A1 and therefore have no objections. Highways Officer (Lincolnshire County Council) consider that the highways conditions are reasonable. Network Rail in relation to the original submission stated that this development includes the disused quarry abutting the London and York Line, but the future extraction is in excess of 200 metres to the east of the line. The restoration works in the old quarry are to be minimal and restricted to stabilising the old face, which is remote from the railway, with overburden from the new area. Concerns raised that the safe operation of the railway and / or the integrity of railway infrastructure may be jeopardised by the proposed works and recommend seven conditions be attached in relation to drainage; distance of plant and machinery from railway infrastructure; distance of personnel, plant and equipment from electrified lines; and a requirement for liaison with Network Rail in relation to any significant alterations to the scheme. Following receipt of the further information submitted in response to the Regulation 22 request responded to state that have no further comments and the previous comments still apply. (m) Campaign to Protect Rural England consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report.

34 (n) Historic Environment Officer (Lincolnshire County Council) it is clear from the archaeological desk based assessment submitted that there is a moderate potential for archaeological remains on the site. Further archaeological evaluation is required to adequately assess the location, condition and significance of any remains on site. Without further evaluation it is not possible to make a recommendation on the impact of the development as required by the EIA. Recommend that further evaluation is required in the form of nonintrusive geophysics survey over the site, and, dependant on the results of this survey there may also be a requirement for trial trenching, without trial trenching neither significance nor condition of any archaeological remains can be assessed. Following receipt of the further information submitted in response to the Regulation 22 request responded to state that there is no significant archaeological material which would be affected and therefore no further archaeological input is required. (o) National Grid consulted on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report. (p) Trees Officer (Lincolnshire County Council) initially raised queries regarding the level of detail regarding landscaping but subsequently confirmed that amendments to the conditions would ensure this was acceptable. (q) Health and Safety Executive consulted on 10 May 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request but had not responded at the time of writing this report. (r) National Planning Casework Unit notified on 28 January 2013 and again on 30 June 2015 following receipt of the further information submitted in response to the Regulation 22 request. 13. This application was initially publicised by a site notice and a notice in the Grantham Journal on 8 February Following receipt of further information in relation to a request made under Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 this further information was publicised by a notice in the Grantham Journal on 10 July One representation has been received from the agent on behalf of the Buckminster Estate who are the landowners of the site immediately to the north that comprises the Southern Quadrant Sustainable Urban Extension. Whilst no objections are raised to the scheme proposed request that in setting the conditions for the development, it is ensured that working

35 practices on the site do not prejudice the amenity of new housing development proposed to the north of the site. These should include restrictions on methods of working, dust and noise control, means of access and hours of operation. District Council s Recommendations 15. South Kesteven District Council raised no objections to the application as originally submitted but drew attention to the Southern Quadrant Masterplan Supplementary Planning Document (SPD) which was adopted by the District Council in February It is a material consideration in planning decisions and sets out the District Council's vision for the area including the development of 3,500 new housing, employment land, schools, local centre, recreational facilities and link road as part of a Sustainable Urban Extension. The proposed Southern Quadrant Link Road represents a significant new element of infrastructure that will enable development to proceed. The SPD should be taken into account in determining the review of conditions relating to the Little Ponton Quarry as it represents a change to the planning policy context since the initial review was carried out. Following receipt of the further information submitted in response to the Regulation 22 request responded to state no objections to the development. Conclusions 16. The application is a First Periodic Review of an old minerals planning permission under the provisions of Schedule 14 of the Environment Act 1995 at Little Ponton Quarry, Whalebone Lane, Little Ponton. The key issues to consider are the appropriateness of the conditions put forward by the applicant regarding their impacts in relation to landscape and visual, soils, nature conservation, the historic environment, highways, noise, dust and flood risk. As stated above, the conditions originally proposed by the applicant have been amended during the consideration of this application and the final set of proposed conditions were submitted on 11 September Where relevant, in the paragraphs below, the differences between the original and the currently proposed conditions will be discussed. 17. It should be noted that in cases where a Mineral Planning Authority determines that conditions different from those proposed and submitted by the applicant should be imposed and the effect of those conditions as compared with the effect of the existing conditions, except where they were restoration or aftercare conditions, is to impose a restriction on working rights, then the applicant is entitled to claim compensation. Working rights in respect of a mining site are deemed to have been restricted if any of the following is restricted or reduced: (a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste; (b) the depth to which any operations for the winning and working of minerals may extend;

36 (c) the height of any deposit of mineral waste; (d) the rate at which any particular mineral may be extracted; (e) the rate at which any particular mineral waste may be deposited; (f) the period at the expiry of which any winning and working or minerals or the depositing of mineral waste is to cease; (g) the total quantity of mineral which may be extracted from, or of mineral wastes may be deposited on, the site. 18. A further consideration in the determination of this application, as highlighted above, is the designated Southern Quadrant Sustainable Urban Extension and the Southern Quadrant Link Road, both of which lie immediately to the north of the application site. As stated above, the Southern Quadrant Link Road has the benefit of planning permission and whilst there is currently an application under consideration for the Southern Quadrant Sustainable Urban Extension, at the time of writing this report, this application had not been determined. Nevertheless, given that the principle of a Sustainable Urban Extension (SUE) in this location has been established through the South Kesteven Core Strategy, both the Southern Quadrant Link Road and SUE are material considerations in the determination of the conditions under which Little Ponton Quarry is proposed to operate and are therefore taken into account in the discussion below. Similarly, South Kesteven District Council must take into account in the determination of the SUE application that Little Ponton Quarry has planning permission to operate as a quarry until Landscape and Visual Impacts 19. Little Ponton Quarry is located in the open countryside and as such South Kesteven Core Strategy policy SP1 and policy EN1 are of relevance. These policies seek to protect the open countryside from inappropriate development whilst conserving, enhancing and restoring the character of such areas. 20. The site lies just within the south east area of the Grantham Scarps and Valleys Character Area as identified within the South Kesteven Landscape Character Assessment (January 2007) and is on the boundary with the Kesteven Uplands Character Area. The South Kesteven Landscape Character Assessment acknowledges that the changes in landscape between the character areas can be subtle, that no definitive lines can be drawn between areas and that the boundaries illustrated in the document should be considered loosely defined. 21. The assessment of landscape and visual impacts undertaken as part of the Environmental Statement accompanying this application describes the site as being within the Kesteven Uplands Character Area. The area is described as having a gently rolling landform with the site being on the eastern flank of the River Witham valley. Agriculture and forestry are identified as the main land uses in the area and the immediately surrounding environment to the application site is said to have a number of detracting features including the electricity pylons which cross the site, the East Coast

37 Main Line Railway, the A1 trunk road and the industrial development to the south of Grantham. 22. In this case, the characteristics of the site and surrounding area described in the Environmental Statement reflect the character of the area and whilst the Landscape Character Assessment places the site in the adjoining character area, it is clear that this is a case where no definitive boundary can be drawn and that the assessment undertaken within the Environmental Statement is considered to be appropriate. Whilst the Landscape Character Assessment's landscape management objectives are different for the two character areas, there are a number of similarities between the two, in particular where they are of relevance to the quarry site, for example, protecting and enhancing field conditions and hedgerow trees. Both Character Areas in the vicinity of the site have been assessed in the Landscape Character Assessment as having medium to high sensitivity for employment and residential development. The Environmental Statement assesses the value of the landscape as medium and that the development would have a slight adverse impact on the local area, however, the landscape and visual impacts of the development would be mitigated by the proposed screening and working methods. 23. Whilst the original Environmental Statement did not made specific reference to the proposed SUE, this would have an impact on the sensitivity of the site from a landscape and visual impact perspective. Notwithstanding this, it is concluded that subject to the proposed screening and mitigation measures being implemented, the development would not have a detrimental landscape and visual impact and that the quarry development is acceptable in this open countryside location. Soils 24. Policy M4 of the Lincolnshire Minerals Local Plan seeks to protect the best and most versatile agricultural land which it defines in Lincolnshire as principally comprising Grades 1 and 2. The NPPF and NPPG both state that the best and most versatile agricultural land constitutes Grades 1, 2 and 3a. 25. As part of the requirement for further information to be submitted an Agricultural Land Classification was undertaken in relation to the unworked section of the site. This found that 17% of the site was Grade 2, 71% Grade 3a, 10% Grade 3b and 2% was classified as other land. It is therefore clear that the majority of the unworked area of the site is classified as best and most versatile agricultural land. 26. In order to work the mineral at the site it is proposed to strip the soils and store these in bunds around the site. The original proposals were to spread these soils during the restoration phase of the development. However, following the advice of Lincolnshire Wildlife Trust regarding the creation of calcareous grassland, the restoration proposals no longer include the spreading of these soils and instead the majority of soils are now proposed

38 to be retained in peripheral bunds. The original application did not propose to reinstate the site to an intensive agricultural use as this was considered to be unlikely to be achieved due to physical constraints and the proposed depth of working. The Further Information states that given that permission already exists for the quarrying activities at the site, it is considered that the loss of the agricultural land is unavoidable. 27. Natural England have noted the presence of the best and most versatile agricultural land at the site but have welcomed the approach proposed to dealing with the soils in the Further Information and proposed conditions. It is considered that the loss of agricultural land in this case is justified given that the quarry already has permission and the soils are proposed to be handled and stored in an appropriate manner. Nature Conservation 28. The NPPF, NPPG, policy M8 of the Lincolnshire Minerals Local Plan and policy EN1 of the South Kesteven Core Strategy seek to protect and enhance the natural environment. Woodnook Valley SSSI lies approximately 300 metres to the south east of the nearest part of Little Ponton Quarry proposed to be worked. It was designated as a good example of calcareous grassland and is stated to be particularly important in South Lincolnshire as it is in an unusually large site as most remaining grassland of this type in Lincolnshire is confined to roadside verges and disused quarries. 29. Lincolnshire Wildlife Trust have stated that the southern part of Little Ponton Quarry, which has previously been worked out, has regenerated with a mosaic of habitats, including calcareous grassland, and has been designated as a Site of Nature Conservation Importance (SNCI). This part of the site is also a designated Local Geological Site. In addition to this, in 2013 the roadside verges of Whalebone Lane between the northern point of the application site and the A52 were designated as a Local Wildlife Site (LWS) due to their calcareous grassland habitat. 30. An ecological appraisal was undertaken as part of the Environmental Impact Assessment for this application and this concluded that the southern part of the site should be appropriately protected from direct and indirect impacts during works. In relation to the northern section of the site the appraisal states that the site comprises a limited range of ecologically poor habitats. It recommends that the eastern boundary hedgerow and plantation woodlands should not be subject to any habitat loss as a result of the development and that appropriate mitigation measures should be imposed where necessary. The Environmental Statement proposes to protect these areas of woodland and hedgerow by a minimum stand-off of five metres and to locate the screening bunds such that the vegetation is physically protected from quarrying activities. In addition to this it is proposed to protect nesting birds by limiting vegetation clearance operations to times outside the bird nesting season. No adverse impacts are likely on the Woodnook Valley SSSI.

39 31. The original application proposed to backfill parts of the southern, previously worked area of the quarry with soils and quarry waste from the proposed workings in the northern area. However, following the advice of Lincolnshire Wildlife Trust in order to protect the nature conservation interest of this southern part of the site which has developed since this area was worked, it is now no longer proposed to undertake any development in this part of the site. This would ensure that the SNCI and Local Geological Site designations were not harmed. Natural England have confirmed that providing the site is operated as proposed in the application, it would not be likely to have an adverse impact on the Woodnook Valley SSSI. 32. Given that Whalebone Lane is a narrow carriageway, the Environmental Statement states that it is anticipated that the existing passing place on this lane should be upgraded and that two further passing places should be created. These passing places would be located within the Whalebone Lane Verges LWS and so would have an impact on the nature conservation interest of these verges. Whilst it is accepted that the proposed restoration of the site to calcareous grassland more than compensates for the loss of elements of the Whalebone Lane Verges LWS (and agreed by the Wildlife Trust), it is important that any damage or loss is kept to a minimum. As such, it is proposed that the condition requiring a scheme for the construction of passing places includes appropriate mitigation measures to protect the verges. 33. The application proposes to restore the majority of the site to calcareous grassland and this has been welcomed by both Natural England and Lincolnshire Wildlife Trust. In relation to the original proposals, Lincolnshire Wildlife Trust advised that soils should not be spread across the site in the restoration phase as calcareous grassland establishes best in low nutrient conditions. As a result of this the restoration scheme was revised to retain the stripped soils in peripheral bunds (as stated above). Natural England and Lincolnshire Wildlife Trust have expressed their support for the revised proposals, noting that calcareous grassland is a priority habitat in the UK and Lincolnshire Biodiversity Action Plans. 34. Overall, it is concluded that in the long term the proposals would have a positive impact in relation to nature conservation and would create a relatively large area of calcareous grassland which is a priority habitat. Historic Environment 35. The NPPF, NPPG, policy M8 of the Lincolnshire Minerals Local Plan and policy EN1 of the South Kesteven Core Strategy seek to protect and enhance the historic environment. 36. The Environmental Statement contains a desk based assessment of the historic environment which indicated that there was a moderate potential for archaeological remains on the site. As part of the further information submitted following the request made under Regulation 22 of the EIA Regulations a geophysical survey and evaluation trenching was carried out

40 to establish the archaeological implications of the development. The result of this evaluation was that it was concluded that the site does not contain any archaeologically significant remains and that no further archaeological works were required. The County Council's Historic Environment Officer has concurred with these conclusions and as such no further archaeological works are required. Highways 37. Policy M8 of the Lincolnshire Minerals Local Plan seeks to ensure that the local highway network is adequate to accommodate the proposed traffic generated from developments. Policy SP3 of the South Kesteven Core Strategy encourages sustainable modes of transport and refers to the provision of an east-west relief road between the A52 and the A1 to the south of Grantham. As stated above, the Southern Quadrant Link Road was granted planning permission in November 2013 subject to 18 conditions. The route of this road passes adjacent to the northern boundary of the application site and to the north west corner of the application site a roundabout is proposed, including a spur road to the south west. 38. The application originally stated that the assessment of highways impacts was based on an average of 37 vehicle movements per day, with a maximum anticipated level of 150 HGV movements. However, the Further Information submitted in June 2015 stated that these figures had been revised and that an assessment had been undertaken on the basis of an average of 73 vehicle movements per day with a maximum anticipated level of 200 HGV movements. This is because expected extraction levels were increased from between 30,000 and 100,000 tonnes per annum to 200,000 tonnes per annum. The assessment undertaken states that the development would not have a detrimental impact on the local or wider highway network and notes that there are currently no restrictions on vehicle movements associated with the quarry. 39. A new access to the application site is proposed to be created on the north east boundary of the site onto Whalebone Lane. The existing access, which is to the south eastern boundary of the previously worked part of the quarry is not proposed to be used as part of the current proposals. Whilst no specific details of the proposed new access have been provided, a condition has been proposed requiring full details to be submitted and approved prior to the recommencement of operations at the site. It is also stated that this access would be unidirectional, limiting vehicle movements to those travelling to and from the site via the A The Further Information also considers the proposed Southern Quadrant Link Road and the impacts of this on the development. As part of the proposals for that Link Road it is proposed to stop up Whalebone Lane before its junction with the A52 and realign it to join to the Link Road. The Further Information notes that this would improve vehicle access to the site. In addition, it is considered that if the Link Road is constructed a new access to the quarry could be created off the northern site boundary to link to the

41 spur road off the proposed roundabout on the Link Road providing direct access from the quarry to the Link Road. A condition has been proposed to enable such an access to be created in the future, should this become a possibility, subject to the details being approved by the Mineral Planning Authority. 41. Lincolnshire County Council's Highways Officer has confirmed that the proposed conditions are appropriate and as such it is concluded that the development would not have a detrimental highway impact. Noise 42. The NPPF, NPPG, Lincolnshire Minerals Local Plan policy M10 and South Kesteven Core Strategy policy EN1 seek to ensure that development does not have an adverse impact on the amenities of nearby landusers and in particular in relation to noise associated with minerals development. 43. Whilst the original Environmental Statement considered the potential impacts of noise, further information was sought through the Environmental Impact Assessment Regulation 22 process and as a result a Noise Impact Assessment was submitted and further to this a noise complaints procedure. The Noise Impact Assessment took into consideration the proposed Southern Quadrant SUE and the proposed mitigation measures, such as screening bunds. The Noise Impact Assessment compared the predicted noise levels to the background noise levels and relevant noise limits set out in the NPPG and found that all predicted levels were within the relevant limits. 44. The phasing of the development has been amended such that the extraction would take place from north to south, with the north-western phase being the final phase but this would only be worked once the screening bunds and planting had been well established, thereby minimising any impacts relating to noise. It should also be noted that the phases of the proposed Southern Quadrant SUE are such that the development closest to Little Ponton Quarry would take place at the later stages when the Southern Quadrant Link Road which divides the two sites would be well established. 45. The Environmental Health Officer noted the role of the screening bunds in mitigating potential impacts of noise and has not raised any objections to the proposed conditions. The use of the noise complaints procedure would also ensure that any problems reported were dealt with appropriately. 46. The conditions proposed would ensure that the development would not have a detrimental impact in relation to noise and take into account the potential future development which may take place on the land to the north in the Southern Quadrant SUE.

42 Dust 47. The NPPF, NPPG and Lincolnshire Minerals Local Plan policy M10 seek to ensure that development does not have an adverse impact on the amenities of nearby landusers and dust is an important consideration in this regard. 48. The Environmental Statement considered the impacts of dust and stated that there were no sensitive receptors within 500 metres of the site. The Further Information submitted in relation to the Regulation 22 request contained a Dust Management Plan which considered the potential impacts of dust, including in relation to the proposed Southern Quadrant SUE. The key sources of potential dust are identified as the excavation of material from the working faces; the movement of plant around the quarry on the internal haul roads; the loading and unloading of HGVs; and the screening and crushing of material. It is noted that the phasing of development in the quarry has been amended so that all working at surface level in the northern part of the quarry would be completed long before any properties within 500 metres within the Southern Quadrant SUE have been constructed (on the basis of the current proposals) and that the final phase of working in the north west corner of the site would take place when the advance planting would be well established and the Southern Quadrant Link Road is likely to have also been constructed. 49. In light of the proposed Southern Quadrant SUE South Kesteven's Environmental Health Officer has requested that dust monitoring be undertaken at the site. It has been agreed that monitoring would only be required along the northern boundary of the site and the revised Dust Management Plan submitted on 9 September 2015 sets out the means by which the monitoring would take place. The Environmental Health Officer has confirmed that this is acceptable and has requested that monitoring be ongoing for the duration of the development. This requirement has been incorporated into the amended conditions. 50. Overall, it is concluded that the proposed conditions would ensure that the development would not give rise to adverse impacts in relation to dust and makes provision for the ongoing monitoring of dust at the site. Flood Risk and Drainage 51. Little Ponton Quarry lies within Flood Zone One as identified by the Environment Agency. The ES contains a Flood Risk Assessment which concludes that the development would not have an adverse impact in relation to flood risk either on or off-site. The Environment Agency have not raised any objections to the development and responded in relation to the Regulation 22 information that they have no concerns. It is therefore concluded that the development would not present any harm in relation to flood risk. 52. Network Rail have raised concerns regarding the impacts of the Railway. As such, they have requested a number of conditions be imposed.

43 However, the Environmental Statement sets out that the development would not result in adverse impacts and the proposed extraction area is approximately 250 metres from the railway line at its closest point. The issue of surface water in the restoration phase will be dealt with through the requirement in one of the proposed conditions to submit a detailed restoration and aftercare scheme prior to any development taking place within Phase 2. It is therefore not considered necessary to impose the conditions suggested by Network Rail, however, it is recommended that their letter is included as an informative for the applicant in the decision notice and this would also inform the applicant of the other issues to which Network Rail refer but are not considered to be appropriate to include as conditions in light of the nature of the proposals. Overall Conclusion 53. Discussions have taken place with the applicant and a number of consultees throughout the determination process of this application to seek solutions to concerns raised whilst being mindful that the County Council did not wish to restrict the working rights in relation to Little Ponton Quarry. The proposals have changed since the original submission to take into account the need for solutions and also to take into account the applications and planning permission for development on the land to the north of the site forming the Grantham Southern Quadrant Sustainable Urban Extension. As a result of this, and in response to the requests of consultees, further information has been provided and a revised set of conditions was submitted on 11 September These conditions ensure that the development addresses the concerns raised and would not have an adverse impact in relation to landscape and visual impacts, soils, nature conservation, the historic environment, highways, noise, dust and flood risk. As such, it is therefore concluded that the development would be acceptable subject to the proposed conditions. RECOMMENDATIONS It is recommended that: (a) This report forms part of the Council's Statement pursuant to Regulation 24 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 which requires the Council to make available for public inspection at the District Council's Offices specified information regarding the decision. Pursuant to Regulation 24(1)(c) the Council must make available for public inspection a statement which contains: content of decision and any conditions attached to it; main reasons and considerations on which decision is based; including if relevant, information about the participation of the public; a description, when necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the development;

44 information recording the right to challenge the validity of the decision and procedure for doing so; and (b) the following conditions, as submitted on 11 September 2015, be approved: General 1. The winning and working of minerals shall cease not later than 21 February Nothing in this decision notice shall be construed as permitting the importation of materials to achieve the screening or restoration of the site. 3. No further quarrying or restoration operations shall take place in those parts of the site denoted by a black dashed line on drawing number Rev A. Approved Details 4. Unless otherwise required by conditions attached to this decision notice, the development hereby permitted shall be carried out strictly in accordance with the details contained in the application dated 5 December 2012, the Environmental Statement and the accompanying drawings, subject to any modifications or additions contained within the Further Information dated 12 June 2015, the revised drawings dated 23 June 2015, the noise complaints procedure dated 3 July 2015 and the Dust Management Plan dated 9 September Working Programme and Phasing Details 5. Written notification of the date of recommencement of quarrying operations shall be sent to the Mineral Planning Authority within seven days of such recommencement. 6. No working shall take place below 80m AOD. 7. No crushing or grading of limestone shall take place except within the quarried area nor shall any stockpiles be stored other than within the quarried area. Stockpiles shall not exceed 5m or the height of the boundary screening bunds, whichever is the lower. 8. With the exception of those requiring removal as part of the construction of the new access to Whalebone Lane, all existing trees, bushes and hedgerows along the site boundary shall be retained and managed in accordance with Section 3.3 of the Further Information dated 12 June 2015.

45 9. The advance vegetation and tree planting detailed within the Further Information dated 12 June 2015 shall be implemented during the first available planting season following the date of this Decision Notice. All trees shall be maintained for a period of 10 years during which all losses shall be replaced in the following planting season. Blasting 10. No blasting shall take place until the operator has secured the written approval of the Mineral Planning Authority to a scheme which: (i) specifies the maximum permissible impacts (peak particle velocity) as measured at agreed vibration sensitive locations; (ii) specifies the times, frequency of blasting and method of warning of blasting episodes; (iii) provides for the monitoring of blasting including details of the equipment to be used. Thereafter all blasting shall be undertaken strictly in accordance with the approved schemes. Hours of Operation 11. Except as may otherwise be agreed in writing by the Mineral Planning Authority, the working and processing of minerals and their transportation from the site and all other associated activities at the site shall be restricted to between the following hours: 07:00 hours to 18:00 hours Monday to Friday; 07:00 hours to 13:00 hours Saturdays. No operations shall be carried out on Sundays or Public Holidays. Access and Highways 12. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has constructed a new access to Whalebone Lane. The access shall be constructed in accordance with details to be agreed in writing with the Mineral Planning Authority, and shall be based upon the location and general layout shown on drawing number Rev A. 13. Prior to the Access constructed in accordance with Condition 12 being brought into operation a directional sign, the details of which shall be agreed in writing with the Mineral Planning Authority, shall be erected and thereafter maintained at the exit onto Whalebone Lane advising HGV drivers that right turns out of the site are prohibited. 14. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has provided

46 facilities, of a type and in a location to be agreed in writing with the Mineral Planning Authority, which will prevent the deposition of extraneous material on the public highway. Such facilities shall be retained and implemented throughout the duration of the development. 15. No vehicle shall enter the public highway unless, where necessary, its wheels and chassis have been cleaned to prevent material being deposited on the public highway. 16. No quarrying operations other than the stripping of soils and the construction of bunds shall take place until the operator has constructed passing places along Whalebone Lane in accordance with a scheme to be agreed in writing by the Mineral Planning Authority. Such a scheme shall include details of the number, location and construction of the passing places, along with any mitigation measures required to protect the Whalebone Lane Verges Local Wildlife Site. 17. No loaded HGVs shall leave the site unsheeted except for those only carrying stone in excess of 75mm. Potential Future Access 18. Should future access to the proposed Grantham Southern Relief Road become available, full details of the proposed new access and infrastructure layout shall be submitted to the Mineral Planning Authority for approval in writing. Such details shall include details of the access, the wheel wash, weighbridge, site offices, car parking and other related infrastructure. 19. No access other than that approved under Condition 12 shall be brought into use until the details agreed in accordance with Condition 18 have been implemented in full. 20. Should any access approved under Condition 18 come into operation, the use of the access onto Whalebone Lane shall be restricted to staff and light vehicle movements. Soil & Overburden Stripping, Storage and Replacement 21. No topsoil, subsoil or overburden shall be removed from the site. 22. Prior to entering each phase of working, the full depth of soils from that phase shall be stripped and used either in restoration works, landscaping or screen bunding as shown on the approved working and phasing drawings.

47 23. All soils shall only be stripped, handled, stored and replaced when they are in a dry and friable condition, unless otherwise agreed in writing with the Mineral Planning Authority. 24. Soil mounds shall be constructed with only the minimum amount of compaction necessary to ensure their stability, and shall not be traversed by heavy vehicles or machinery except during their construction and removal. 25. Where soil mounds are to remain in situ for more than 3 months or over the winter period they shall be seeded with a suitable grass seed mixture. Once established, the sward shall be managed throughout the period of storage and kept weed free. Noise 26. Except during periods of soil stripping and reinstatement, the noise at the closest residential property shall not exceed 55dB (LAeq) (1 hour) free-field or background +10dB (LAeq) (1 hour) free-field, whichever is the lower. During periods of soil stripping and reinstatement the free-field noise level due to these works shall not exceed 70 db (LAeq) (1 hour). These operations shall not exceed a total of eight weeks in any calendar year. Advance notice of the commencement of such temporary operations shall be given to the Mineral Planning Authority. 27. In the event of a complaint regarding noise being received, the complaint shall be investigated and appropriate mitigation measures implemented in line with the Noise Complaints Procedure dated 3 July All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times and shall be fitted with and use effective silencers and white noise reversing devices. Dust 29. All operations shall be carried out in a manner to minimise the emission of dust from the site, as set out in the Dust Management Plan dated 9 September Unless otherwise agreed in writing by the Minerals Planning Authority, the dust monitoring program set out in the Dust Management Plan dated 9 September 2015 shall be continuous for the duration of the development. In order to control dust from the internal traffic movements, all haul roads within the site shall be maintained in a good condition and shall be kept moist in dry and windy conditions as necessary. In the event of a complaint regarding dust being received, the complaint shall be investigated and appropriate mitigation measures implemented in line with the

48 Complaints Procedure contained within the Dust Management Plan dated 9 September Surface Drainage and Pollution Protection 30. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, or the capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and site glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be detailed to discharge downwards into the bund. 31. There shall be no discharge of foul or contaminated drainage from the site into either the ground water or any surface waters, whether direct or via soakaway. Working, Restoration & Aftercare 32. No development shall take place within Phase 2 (as shown on drawing number Rev A) until a detailed restoration and aftercare scheme covering the all areas to be worked has been submitted to and approved in writing by the Mineral Planning Authority. This scheme shall be in general accordance with the details contained within the Environmental Statement, the Further Information dated 12 June 2015 and the revised plans dated 23 June The site shall be restored and maintained fully in accordance with the scheme approved under Condition 32. Miscellaneous 34. Following the recommencement of quarrying operations, a copy of this permission together with all documents hereby approved and any other documents subsequently approved in accordance with any condition of this permission shall be kept available for inspection on site during the prescribed working hours. Reasons 1. In accordance with Schedule 5 of the Town and Country Planning Act For the avoidance of doubt.

49 3. For the avoidance of doubt and to protect the nature conservation and landscape interest. 4. For the avoidance of doubt as to the scope of the old mining permission and to define the extent of the operational area for carrying out the development. 5 & 34 To assist in the monitoring of the development. 6. To protect groundwater. 7, 8, 9, 10, 11, 26, 27, 28 & 29 To protect the amenities of the surrounding area. 12, 13, 18 & 19 In the interests of highway safety. 14, 15 & 17 In the interests of highway safety and to protect the surrounding area. 16. In the interests of highway safety and to protect the designated nature conservation interest. 20. In the interests of highway safety and to ensure that the most suitable access available is used. 21. To prevent the loss of soils and to ensure that resources are available for the restoration of the site. 22, 23 & 24 To protect the soil resource. 25. To protect the soil resource and to protect the amenities of the surrounding area. 30 & 31 To prevent pollution. 32 & 33 To ensure that the site is restored appropriately and at the earliest opportunity. Informatives: Attention is drawn to: (i) the letter from Network Rail dated 8 March 2013; and

50 (ii) The validity of the grant of planning permission may be challenged by judicial review proceedings in the Administrative Court of the High Court. Such proceedings will be concerned with the legality of the decision rather than its merits. Proceedings may only be brought by a person with sufficient interest in the subject matter. Any proceedings shall be brought promptly and within six weeks from the date of the planning permission. What is prompt will depend on all the circumstances of the particular case but promptness may require proceedings to be brought at some time before the six weeks has expired. Whilst the time limit may be extended if there is good reason to so such extensions of time are exceptional. Any person considering bringing proceedings should therefore seek legal advice as soon as possible. The detailed procedural requirements are set out in the Civil Procedure Rules Part 54 and the Practice Directives for these rules. Appendix These are listed below and attached at the back of the report Appendix A Committee Plan

51 Background Papers The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report. Document title Planning Application File - S53/0255/13 National Planning Policy Framework (2012) National Planning Policy Guidance (2014) Lincolnshire Minerals Local Plan (1991, saved policies 2007) South Kesteven Core Strategy (2010) South Kesteven Site Allocation and Policies Development Plan Document (2014) South Kesteven Local Plan (1995) (saved policies 2007) Lincolnshire Minerals and Waste Local Plan: Core Strategy and Development Management Policies (Pre-Submission Draft) January 2015 Where the document can be viewed Lincolnshire County Council, Planning, Witham Park House, Waterside South, Lincoln Communities and Local Government website Communities and Local Government website Lincolnshire County Council website South Kesteven District Council website Lincolnshire County Council website This report was written by Natalie Dear, who can be contacted on or dev_pcg@lincolnshire.gov.uk

52 LINCOLNSHIRE COUNTY COUNCIL PLANNING AND REGULATION COMMITTEE 5 OCTOBER 2015 Grantham Southern Relief Road Site of Application East Coast Mainline Whalebone Road Public Footpath Prevailing Wind Direction from the south-west LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE Location: Little Ponton Quarry Whalebone Lane Little Ponton Application No: S53/0255/13 Scale: 1:10,000 Description: Under the provisions of Schedule 14 of the Environment Act 1995 for the First Periodic Review of the conditions by which Little Ponton Quarry operates

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