Barling Marsh Quarry & Landfill - ESS/47/10/ROC by HC120911082349

VIEWS: 8 PAGES: 20

									                                                      Application Ref: ESS/47/10/ROC
                          ESSEX COUNTY COUNCIL

         TOWN AND COUNTRY PLANNING ACT 1990 (as amended)
      Town and Country Planning (Development Management Procedure)
                           (England) Order 2010

To: Cory Environmental Limited, The Old Rectory, Mucking Wharf Road,
Mucking SS17 0BN

In pursuance of the powers exercised by it as County Planning Authority the
Essex County Council has considered your application to carry out the following
development:

Application to revise the pre-settlement contours of the existing landfill
operation through the importation of non-hazardous waste, with associated
extension in time requiring all operations to have ceased and the site to be
restored by 31 December 2016. The application also provides for open
windrow composting of green waste to take place at the site, with the
product used for soil improvement at the site, and revision of localised
post settlement contours, including the infilling of a pond at Barling Marsh
Quarry & Landfill, Mucking Hall Rd, Barling Magna

and in accordance with the said application and the plans accompanying it,
hereby gives notice of its decision to GRANT PERMISSION FOR the said
development subject to compliance with the following conditions and reasons:

General

 1.    The development hereby permitted shall be carried out in accordance with
       the details of this application dated 13 October 2010, together with:

             the accompanying Environmental Statement dated October 2010;
             Figure 1 (Site Location), dated 7-10-2010;
             Figure 2 (Existing Site Layout), dated 7-10-2010;
             Figure 3 (Method and Scheme of Working), dated 7-10-2010;
             Figure 4 (Proposed Pre Settlement Restoration Contours), dated 7-
              10-10;
             Figure 5 (Proposed Post Settlement Restoration Contours), dated
              7-10-10;
             Figure 6 (Cross Sections of Current and Proposed Pre and Post
              Settlement Contours), dated 11-10-10;
             Drawing reference 520-AB-058 Rev9 (Gas and Leachate Pipework
              and Wellheads), dated 18/11/09;
             Planning Application Statement, undated;
             Post Capping Settlement Prediction Report (SKM Enviros), dated
              May 2010;
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           Flood Risk Assessment, dated April 2007;
           Extended Phase 1 Habitat Survey, 3rd Revised Issue, dated
            October 2008;
           email from Kevin Coleby (Cory Environmental Limited) dated 28
            October 2010 together with amended Figure 3 showing areas of
            composting;
           emails from Kevin Coleby (Cory Environmental Limited) dated 29
            October 2010; 6 December 2010 sent at 12:04, 14:30 and 15:35;
            14 December 2010, 16 December 2010; and 21 January 2011 sent
            at 15:50 and 16:06;

     and in accordance with any non-material amendment(s) as may be
     subsequently approved in writing by the Waste Planning Authority, except
     as varied by the following conditions:-

     Reason: For the avoidance of doubt as to the nature of the development
     hereby permitted, to ensure development is carried out in accordance with
     the approved application details, to ensure that development is carried out
     with the minimum harm to the local environment and in accordance with
     policies ENV2, ENV3, WAT3 and WAT4 of the East of England Plan,
     policy CC1 of the Essex and Southend on Sea Replacement Structure
     Plan, policies W3A, W3B, W3C, W4A, W4B, W4C, W7B, W9B, W10C,
     W10D and W10E of the Essex and Southend Waste Local Plan, policy
     MLP8 of the Essex Minerals Local Plan and policies NR1, NR5, NR6,
     NR10, NR11, PN3, PN5, PN6 and R1 of the Rochford District
     Replacement Local Plan.

2.   Operations, including temporary operations, authorised by this permission,
     including vehicles entering or leaving the site and with the exception of
     environmental monitoring and water pumping operations, shall be
     restricted to the following durations:

        07:00 to 18:30 hours Monday to Friday
        07:00 to 13:00 hours Saturday

     and at no other time on Sundays and Public Holidays, unless otherwise
     approved in writing with the Waste Planning Authority.

     The aforementioned times shall be subject to the following exceptions:

     Waste arising under the Environmental Protection Act 1990 Section 51 (1)
     (a) and 51 (1) (b) may be deposited between the following additional
     times:

        13:00 to 18:30 hours on Saturdays after a Public Holiday subject to not
        more than eight such occasions during a year.

     Reason: In the interests of limiting the effects on local amenity, to control

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     the impacts of development and to comply with policies W7B and W10E of
     the Essex and Southend Waste Local Plan and policies PN5 and PN6 of
     the Rochford District Replacement Local Plan.

3.   All Heavy Goods Vehicle (HGV) access to and egress from the site shall
     be via the access road from Southend Road, as indicated on Figure 1,
     dated 7-10-2010. For the avoidance of doubt, a heavy goods vehicle shall
     have a gross vehicle weight of 7.5 tonnes or more.

     Reason: In the interests of highway safety and safeguarding local amenity
     and to comply with policies W4C, W7B and W10E of the Essex and
     Southend Waste Local Plan and policies PN5 and PN6 of the Rochford
     District Replacement Local Plan.

4.   The access road, as constructed, shall be maintained to a standard to
     minimise disturbance by noise and dust and prevent the spreading of mud
     on the public highway and public footpaths. To this end, the access road
     and crossing points with the public highway and public footpaths shall be
     watered and swept to prevent any nuisance or hazard arising.

     Reason: In the interest of highway safety, safeguarding local amenity and
     to prevent material being taken on to the public highway and to comply
     with policies W4C, W7B and W10E of the Essex and Southend Waste
     Local Plan.

5.   The total number of goods vehicle movements associated with the
     development hereby permitted (both landfilling of waste and composting
     aspects) when combined with the vehicle maximum permitted vehicle
     movements under planning permission ESS/51/08/ROC shall not exceed
     the following limits:

        360 movements (180 in and 180 out) per day (Monday to Friday)
        180 movements (90 in and 90 out) per day (Saturdays)

     along the haul road between Southend Road and the site.

     On Saturdays following a Public Holiday vehicular movement shall not
     exceed a maximum of 300 (150 in and 150 out). To this end a permanent
     record shall be kept of lorry movements to be submitted for the inspection
     of the Waste Planning Authority within 14 days of a written request from
     the authority.

     Reason: In the interests of highway safety and safeguarding local amenity
     and to comply with policies W4C, W7B and W10E of the Essex and
     Southend Waste Local Plan and policies PN5 and PN6 of the Rochford
     District Replacement Local Plan.

6.   Protection for users of public rights of way crossing the access road shall

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      be maintained until the access road is removed as controlled by condition
      41 of this permission. The protection shall comprise safety barriers/fencing
      and signs warning users of both access road and rights of way.

      Reason: In the interest of the safety of all users of the Right of Way and
      the access road and to comply with policies W4C, W7B and W10E of the
      Essex and Southend Waste Local Plan.

Soil Handling

 7.   No stripping or handling of topsoil or subsoil shall take place unless a
      scheme of soil movement and storage has been submitted to and
      approved in writing by the Waste Planning Authority. The scheme shall:

         a) be submitted at least 3 months prior to the commencement of soil
            stripping;
         b) clearly identify the origin, intermediate and final locations of soils for
            use in agricultural restoration together with details of quantities,
            depths and areas involved;
         c) be based on treating each 25 cm layer of subsoil with gypsum prior
            to stripping (in order to achieve the maximum mixing effect); and
         d) specify the rate and the method of gypsum application.

      The development shall be implemented in accordance with the approved
      scheme unless otherwise approved in writing by the Waste Planning
      Authority.

      Reason: To ensure the retention of existing soils on the site for restoration
      purposes, to minimise the impact of the development on the locality and to
      comply with policy ENV3 of the East of England Plan, policies W10C and
      W10E of the Essex and Southend Waste Local Plan, and policy MLP8 of
      the Essex Minerals Local Plan.

 8.   Unless otherwise agreed in writing by the Waste Planning Authority, no
      topsoil, subsoil and/or soil making material shall be stripped or handled
      unless it is in a dry and friable condition and no movement of soils shall
      take place:

         a) during the months November to March (inclusive) unless otherwise
            agreed in writing by the Waste Planning Authority; or
         b) when there are pools of water on the soil surface

      The criteria for determining whether soils are dry and friable involves an
      assessment based on the soil’s wetness and lower plastic limit. This
      assessment shall be made by attempting to roll a ball of soil into a thread
      on the surface of a clean glazed tile using light pressure from the flat of
      the hand. If a thread of 15cm in length and less than 3mm in diameter can
      be formed, soil moving should not take place until the soil has dried out. If

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     the soil crumbles before a thread of the aforementioned dimensions can
     be made, then the soil is dry enough to be moved.

     Reason: To minimise the structural damage and compaction of the soil
     and to aid the final restoration of the site in compliance with policy ENV3
     of the East of England Plan, policies W10C and W10E of the Essex and
     Southend Waste Local Plan, and policy MLP8 of the Essex Minerals Local
     Plan.

9.   a) Topsoil shall be stripped to the full depth (approximately 25
         centimetres) and shall, wherever possible, be immediately re-spread
         over an area of reinstated subsoil. If this immediate re-spreading is not
         practicable, the topsoil shall be stored separately for subsequent
         reuse.

     b) Subsoil shall be stripped to a depth of not less than 700 mm and shall,
        wherever possible, be immediately re-spread over the replaced
        overburden. If this immediate re-spreading is not practicable, the
        subsoil shall be stored separately for subsequent re-use. Subsoil not
        being retained for use in the restoration process shall be regarded as
        overburden and stored as such.

     c) Topsoils and subsoils are to be handled in accordance with the scheme
         of soil movements approved under condition 7 of this permission.

     Reason: To minimise structural damage and compaction of the soil and to
     aid the final restoration of the site and to comply with policy ENV3 of the
     East of England Plan, policies W10C and W10E of the Essex and
     Southend Waste Local Plan, and policy MLP8 of the Essex Minerals Local
     Plan.

10. Topsoil, subsoil and soil making materials shall be stored in compliance
    with the scheme approved under condition 7 of this permission in separate
    mounds which shall:

        a) not exceed 3 metres in height in the case of topsoil, or exceed 5
           metres in height in the case of subsoils unless otherwise agreed in
           writing by the Waste Planning Authority;
        b) be constructed with only the minimum amount of soil compaction to
           ensure stability and shaped so as to avoid collection of water in
           surface undulations;
        c) not be subsequently moved or added to until required for
           restoration, unless otherwise agreed in writing by the Waste
           Planning Authority;
        d) have a minimum 3 metres stand-off, undisturbed around each
           storage mound;
        e) comprise topsoils on like-texture topsoils and like-texture subsoils;
           and

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         f) in the case of continuous mounds, ensure that dissimilar soils are
            separated by a third material, which shall have previously been
            agreed in writing by the Waste Planning Authority.

      Reason: To minimise structural damage and compaction of the soil, to aid
      the final restoration of the site, to ensure the retention of identified soils in
      the approved positioning and to comply with policy ENV3 of the East of
      England Plan, policies W10C and W10E of the Essex and Southend
      Waste Local Plan, and policy MLP8 of the Essex Minerals Local Plan.

 11. All storage mounds intended to remain in situ for more than six months
     are to be grassed over and weed control and other necessary
     maintenance carried out to the satisfaction of the Waste Planning
     Authority. The seed mixture and application rates are to be approved by
     the Waste Planning Authority in writing no less than one month before it is
     expected to complete the formation of the storage mounds.

      Reason: To ensure the retention of the existing soils on the site for
      restoration purposes, to minimise the impact of the development on the
      locality and to comply with policy ENV3 of the East of England Plan,
      policies W10C and W10E of the Essex and Southend Waste Local Plan,
      and policy MLP8 of the Essex Minerals Local Plan.

 12. No soil movements shall take place until a scheme of machine
     movements for the stripping and replacement of soils have been
     submitted to and approved in writing by the Waste Planning Authority. The
     scheme shall define the type of machinery to be used and all the machine
     movements shall be restricted to those approved. Where original subsoils
     are not to be retained, the substitute subsoil material shall be identified
     and quantified.

      Reason: To minimise structural damage and compaction of the soil, to aid
      in the final restoration works and to comply with policy ENV3 of the East of
      England Plan, policies W10C and W10E of the Essex and Southend
      Waste Local Plan, and policy MLP8 of the Essex Minerals Local Plan.

Operations

 13. No operations other than the installation of bunds shall take place within
     100 metres of residential property or 5 metres of any existing trees and
     hedges adjacent to the southern boundary.

      Reason: To ensure that the development is contained within its permitted
      boundaries, in the interests of residential amenity, to ensure the stability of
      the land and to comply with policy W10E of the Essex and Southend
      Waste Local Plan and policies PN5 and PN6 of the Rochford District
      Replacement Local Plan.


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 14. There shall be no export or movement of mineral waste or clay from the
     site unless otherwise approved in writing by the Minerals Planning
     Authority.

        Reason: To enable the Waste Planning Authority to adequately control the
        development, to minimise its impact on the amenities of the local area and
        to comply with policy W10E of the Essex and Southend Waste Local Plan.

Plant

 15. Notwithstanding the provisions of the Town and Country Planning
     (General Permitted Development) Order 1995 (or any order revoking or
     re-enacting that Order with or without modification) no building, structure,
     fixed plant or machinery (other than hydraulic excavator, dragline or plant
     for movement of materials) shall be erected, extended, installed or
     replaced on the site without the prior approval of the Waste Planning
     Authority.

        Reason: To enable the Waste Planning Authority to adequately control the
        development, to minimise its impact on the local area, to minimise the
        impact upon landscape and the Green Belt and to comply with policies
        ENV2 and ENV3 of the East of England Plan, policy CC1 of the Essex
        and Southend on Sea Replacement Structure Plan, policies W7B and
        W10E of the Essex and Southend Waste Local Plan and policies NR1,
        NR5, NR6, NR10, PN5, PN6 and R1 of the Rochford District Replacement
        Local Plan.

 16. Unless otherwise agreed in writing by the Waste Planning Authority, any
     building, plant, machinery, foundation, hardstanding, roadway, structure or
     erection in the nature of plant or machinery used in connection with the
     operations hereby permitted shall be removed from the site when no
     longer required for the purpose for which built, erected or installed and in
     any case not later than 31 December 2016, following which land shall be
     restored in accordance with the schemes approved under conditions 35
     and 36 of this permission.

        Reason: To enable the Waste Planning Authority to adequately control the
        development, to ensure that the land is restored to a condition capable of
        beneficial use and to comply with policies W7B, W10C and W10E of the
        Essex and Southend Waste Local Plan and policy MLP8 of the Essex
        Minerals Local Plan.

Landfill

 17. Following placement of topsoil and subsoil the final surface of the landfill is
     to be at such a level as to follow the approved pre-settlement contours as
     specified in the approved details and at no time shall surcharging exceed
     37% of the post-settlement contours.

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     Reason: To ensure proper restoration of the site in accordance with the
     approved plans policies ENV2, ENV3 of the East of England Plan, policy
     CC1 of the Essex and Southend on Sea Replacement Structure Plan,
     W7B, W9B, W10C and W10E of the Essex and Southend Waste Local
     Plan, policy MLP8 of the Essex Minerals Local Plan and policies NR1,
     NR10, PN3 and R1 of the Rochford District Replacement Local Plan.

18. The development hereby permitted shall be implemented in accordance
    with details of landfill gas and leachate collection piping and wellheads set
    out within chapter 7 of the Planning Application Statement submitted with
    the details of this application and drawing reference 520-AB-058, dated
    18/11/10. Subsequent amendments shall be approved in writing by the
    Waste Planning Authority and shall be implemented in accordance with
    the approved details.

     Reason: To ensure a workable agricultural afteruse and to comply with
     policies W10C and W10D of the Essex and Southend Waste Local Plan.

19. The minimum settled depth of topsoil and subsoil shall not be less than 1
    metre.

     Reason: To ensure that the site is satisfactorily restored to an agricultural
     after-use and to comply with policy W10C of the Essex and Southend
     Waste Local Plan and policy MLP8 of the Essex Minerals Local Plan

20. The topsoil shall be spread to a minimum depth of 25 cm over the
    reinstated subsoil so as to form the final contours as specified in condition
    17 of this permission.

     Reason: To ensure that the site is satisfactorily restored and to comply
     with policy W10C of the Essex and Southend Waste Local Plan and policy
     MLP8 of the Essex Minerals Local Plan.

21. In any part of the site where differential settlement occurs during the
    restoration and aftercare period, the applicant shall submit remedial
    proposals to the Waste Planning Authority for their written approval. The
    remedial measures shall be subsequently implemented in accordance with
    the approved details.

     Reason: To aid the satisfactory restoration of the site to agricultural after-
     use, to aid in the management of surface water management and to
     comply with policy WAT3 of the East of England Plan, policies W4B and
     W10C of the Essex and Southend Waste Local Plan, policy MLP8 of the
     Essex Minerals Local Plan and policy PN3 of the Rochford District
     Replacement Local Plan.

22. Imported waste used to backfill void space within 250 metres of any

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      dwelling shall be restricted to inert excavated soils in their natural state.

      Reason: To ensure the existing stand-off to property is maintained and to
      comply with policies W7B and W10E of the Essex and Southend Waste
      Local Plan.

 23. The development hereby permitted shall be implemented in accordance
     with details of ground water and surface water management set out within
     chapter 7 of the Planning Application Statement submitted with the details
     of this application, and in accordance with the details of the groundwater,
     surface water and leachate management plan produced for the operator’s
     Environmental Permit. Subsequent amendments shall be approved in
     writing by the Waste Planning Authority and shall be implemented in
     accordance with the approved details.

      Reason: In the interests of the water environment and to comply with
      policies W7B and W10E of the Essex and Southend Waste Local Plan.

Composting

 24. No material other than green garden waste and green agricultural waste
     shall be accepted for composting at the site.

      Reason: To allow the Waste Planning Authority to adequately control the
      development, to minimise the impacts on local amenity and to comply with
      policies W7B and W10E of the Essex and Southend Waste Local Plan.

 25. No more than 10,000 tonnes per annum of green waste shall be imported
     to the site for use in the composting facility hereby permitted.

      Reason: To minimise the impacts on local amenity and to comply with
      policies W7B and W10E of the Essex and Southend Waste Local Plan.

 26. All compost shall be used on site as a soil improver only. No compost or
     soil improver or other materials produced on site shall be exported from
     the site. There shall be no retail sales of compost or soil improver from the
     site.

      Reason: For the avoidance of doubt as to the nature of the development
      hereby permitted and to ensure compliance with policies W7B and W10E
      of the Essex and Southend Waste Local Plan.

 27. No importation of green waste for composting shall take place until a
     scheme of working for the composting development hereby permitted has
     been submitted to and approved in writing by the Waste Planning
     Authority. The scheme shall provide details of the phasing, location and
     positioning of the windrows, based on details submitted by Cory
     Environmental Limited by email on 28 October 2010.

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                                                          Application Ref: ESS/47/10/ROC


      Reason: To enable the Waste Planning Authority to adequately control the
      development hereby permitted, to limit the impacts on amenity and in
      compliance with policies W7B and W10E of the Essex and Southend
      Waste Local Plan and policies, PN5 and PN6 of the Rochford District
      Replacement Local Plan.

 28. Green waste composting shall take place only on uncapped landfill cells.

      Reason: To provide for timely completion and progressive restoration of
      the site and to comply with policy W10E of the Essex and Southend
      Waste Local Plan.

Amenity

 29. Within 6 months of the date of this permission, a visual impact mitigation
     scheme shall be submitted to and approved in writing by the Waste
     Planning Authority. The scheme shall include details of screening of plant
     and machinery involved in landfill and composting operations at the
     highest points of the site.

      Reason: To limit the visual impacts of the development hereby permitted
      and to comply with policy ENV2 of the East of England Plan, policy CC1 of
      the Essex and Southend on Sea Replacement Structure Plan, policies
      W7B and W10E of the Essex and Southend Waste Local Plan and
      policies NR1, NR10 and R1 of the Rochford District Replacement Local
      Plan.

 30. Noise generated from the haul road shall not exceed 55 dB (A) L Aeq, 1 hour
     at the façade of any residential property. Should the level be exceeded,
     then immediate measures shall be taken to reduce the level to 55 dB (A)
     LAeq, 1 hour.

      Reason: In the interests of amenity and to comply with policies W7B and
      W10E of the Essex and Southend Waste Local Plan and policies PN5 and
      PN6 of the Rochford District Replacement Local Plan.

 31. Except for temporary operations, the free field Equivalent Continuous
     Noise level (LAeq, 1 hour) at noise sensitive properties adjoining the site, due
     to operations at the site, shall not exceed 55 dB LAeq, 1 hour. Measurements
     shall be made no closer than 3.5 metres from the façade of properties or
     other reflective surface and shall be corrected for extraneous noise.

      Reason: In the interests of amenity and to comply with policies W7B and
      W10E of the Essex and Southend Waste Local Plan and policies PN5 and
      PN6 of the Rochford District Replacement Local Plan.

 32. For temporary operations, the free field Equivalent Continuous Noise level

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     (LAeq, 1 hour) at noise sensitive properties adjoining the site shall not exceed
     70 dB LAeq, 1 hour. Measurements shall be made no closer than 3.5 metres
     from the façade of properties or other reflective surface and shall be
     corrected for extraneous noise.

     Unless otherwise agreed in writing by the Waste Planning Authority,
     temporary operations shall not exceed a total of eight weeks in any
     continuous 12 month duration. Five days written notice shall be given to
     the Waste Planning Authority in advance of the commencement of a
     temporary operation. Temporary operations shall include site preparation,
     bund formation and removal, site stripping and restoration and any other
     temporary activity that has been approved in writing by the Waste
     Planning Authority in advance of such a temporary activity taking place.

     Reason: In the interests of amenity and to comply with policies W7B and
     W10E of the Essex and Southend Waste Local Plan and policies PN5 and
     PN6 of the Rochford District Replacement Local Plan.

33. From the date of this permission, noise levels shall be monitored at six
    monthly intervals at up to three locations to be approved in writing by the
    Waste Planning Authority. The results of the monitoring shall include LA90
    and LAeq noise levels, the prevailing weather conditions, details and
    calibration of the equipment used for measurement and comments on
    other sources of noise which affect the noise climate. The monitoring shall
    be carried out for at least two separate durations during the working day
    and the results shall be submitted to the Waste Planning Authority within 1
    month of the monitoring being carried out. The frequency of monitoring
    shall not be reduced unless otherwise agreed in writing by the Waste
    Planning Authority.

     Reason: In the interests of amenity and to comply with policies W7B and
     W10E of the Essex and Southend Waste Local Plan and policies PN5 and
     PN6 of the Rochford District Replacement Local Plan.

34. Dust suppression measures shall be implemented within the site and
    along the haul road when necessary. All plant and machinery dust
    suppression measures shall be operated in accordance with
    manufacturers’ recommendations.

     Reason: In the interest of the amenity of the local area and to comply with
     policies W7B and W10E of the Essex and Southend Waste Local Plan.

35. All planting in association with the development, where planting is to act
    as a screen or noise alleviator for the period of the operations, shall be
    maintained for the life of the operations. Any trees or shrubs that die or
    become damaged shall be replaces in the next planting season with
    others of similar size and species unless otherwise approved in writing by
    the Waste Planning Authority.

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      Reason: To limit the impacts of the development hereby permitted in the
      interests of visual and aural amenity and to comply with policies W7B and
      W10E of the Essex and Southend Waste Local Plan and policies PN5 and
      PN6 of the Rochford District Replacement Local Plan. comply with policy
      ENV2 of the East of England Plan, policy CC1 of the Essex and Southend
      on Sea Replacement Structure Plan, policies W7B and W10E of the
      Essex and Southend Waste Local Plan and policies NR1, NR10 and R1 of
      the Rochford District Replacement Local Plan.

Restoration and Aftercare

 36. A detailed scheme of restoration and aftercare detailing the steps that are
     necessary to bring the land to the required standard for agriculture shall
     be submitted to and approved in writing by the Waste Planning Authority
     not later than three months prior to the date on which it is first expected
     that the replacement of topsoil shall take place. The submitted scheme
     shall:

         a) Provide an outline strategy in accordance with Annex A of MPG 7
            for the five year aftercare period. This shall specify steps to be
            taken and the period during which they are to be taken. The
            scheme shall include provision of a field drainage system where
            required and provide for an annual meeting between the applicants
            and the Waste Planning Authority.

         b) Provide for a detailed annual programme, in accordance with
            annexes A and B of MPG7 to be submitted to the Waste Planning
            Authority not later than two months prior to the annual Aftercare
            meeting.

         c) Unless the Waste Planning Authority agree in writing with the
            person or persons responsible for undertaking the Aftercare steps
            that there shall be lesser steps of a different timing between steps,
            the Aftercare shall be carried out in accordance with the submitted
            Scheme.

      The development shall be implemented in accordance with the approved
      aftercare scheme.

      Reason: To ensure the satisfactory restoration of the site for agriculture
      and in accordance with policy W10C of the Essex and Southend Waste
      Local Plan and policy MLP8 of the Essex Minerals Local Plan

 37. A landscaping scheme shall be submitted to and approved by the Waste
     Planning Authority not later than three months prior to the date on which it
     is first expected that the replacement of topsoil shall take place. The
     scheme shall include details of any areas to be planted with species,

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     sizes, spacing, protection and programme of implementation. The scheme
     shall also include details of any existing trees and hedgerows on site with
     details of any to be retained. The scheme shall be implemented within the
     first available planting season (October to March inclusive) following
     completion of the development hereby permitted, apart from aftercare
     requirements, in accordance with the approved details and maintained
     thereafter.

     Reason: In the interest of the amenity of the local area and to comply with
     policies W7B and W10E of the Essex and Southend Waste Local Plan.

38. Unless otherwise approved in writing by the Waste Planning Authority soil
    movement, heavy machinery operation and noisy activities associated
    with the proposed development in ‘Interim Restoration Areas’ in the south
    and east of the site as shown on Figure 2 shall only be undertaken during
    suitable periods outside the over-wintering period for birds i.e. during April
    – September inclusive.

     Reason: To ensure that activities do not disturb over-wintering birds during
     the over-wintering period and to comply with policy ENV3 of the East of
     England Plan, policy W10E of the Essex and Southend Waste Local Plan
     and policies NR5 and NR6 of the Rochford District Replacement Local
     Plan.

39. No soil stripping shall take place until appropriate mitigation measures for
    the protection of protected species, including reptiles, have been approved
    in writing by the Waste Planning Authority. Mitigation measures shall
    subsequently be implemented in accordance with the approved details.

     Reason: To ensure adequate protection for protected species and to
     comply with policy ENV3 of the East of England Plan, policy W10E of the
     Essex and Southend Waste Local Plan and policies NR5 and NR6 of the
     Rochford District Replacement Local Plan.

40. Prior to 31 December 2016 or upon the completion of the development,
    whichever is the sooner, all operation authorised, required or associated
    with the winning and working of sand and gravel, landfill and/or restoration
    of the site except aftercare provisions shall be completed.

     Reason: To provide for timely completion and progressive restoration of
     the site and to comply with policy W10E of the Essex and Southend
     Waste Local Plan.

41. Prior to 31 December 2016 or upon the expiration of nine months from the
    completion of the development, whichever is the sooner, the haul road
    shall be broken up and removed and the public highway reinstated and
    the land restored to agriculture in accordance with schemes to be
    submitted and approved in writing by the Waste Planning Authority.

                                      Page 13 of 20
                                                       Application Ref: ESS/47/10/ROC


      Reason: To provide for timely completion and progressive restoration of
      the site and to comply with policy W10E of the Essex and Southend
      Waste Local Plan.

 42. The restoration of the silt lagoons shall be implemented in accordance
     with details submitted to discharge condition 34 attached to permission
     reference ESS/51/08/ROC comprising letters dated 21 December 2009
     and 31 March 2010 and drawing reference bar012_09 Rev A dated Mar
     2010, as approved by the Waste Planning Authority on 6 May 2010.

      Reason: To provide for timely completion and progressive restoration of
      the site and to comply with policy W10E of the Essex and Southend
      Waste Local Plan.

Reason for Approval:

Subject to the imposition of the attached conditions, the proposal is acceptable
having been assessed in the light of all material considerations, including
weighting against the following policies of the development plan:

East of England Plan, the Revised Regional Spatial Strategy for the East of
England (May 2008)

Policy ENV3 – Biodiversity & Earth Heritage
Policy ENV2 – Landscape Conservation
Policy WAT3 – Water Management
Policy WAT4 – Flood Risk

Essex and Southend on Sea Replacement Structure Plan – saved policies
only (April 2001)

Policy CC1 – Coastal Protection Belt

Essex and Southend Waste Local Plan (September 2001)

Policy W3A – Principle of Waste Development
Policy W3B – London Waste
Policy W3C – Need for Development
Policy W4A – Flood Risk
Policy W4B – Ground & Surface Water
Policy W4C – Access
Policy W7B – Outdoor Composting
Policy W9B – Landfill & Landraising
Policy W10C – Restoration & Aftercare
Policy W10D – Landfill Gas
Policy W10E – Development Control


                                       Page 14 of 20
                                                        Application Ref: ESS/47/10/ROC

Essex County Council Minerals Local Plan (January 1997)

Policy MLP8 – Restoration & Aftercare

Rochford District Replacement Local Plan (June 2006)

Policy NR1 – Special Landscape Areas
Policy NR5 – European and International Sites
Policy NR6 – SSSIs
Policy NR10 – Coastal Protection Belt
Policy NR11 – Flood Risk
Policy PN3 – Ground & Surface Water
Policy PN5 – Noise Generating Development
Policy PN6 – Noise Sensitive Development
Policy R1 – Green Belt

STATEMENT OF REASONS FOR DECISION

It is considered that the applicant has demonstrated a need for the additional
waste to be imported, at the scale proposed, in order to achieve satisfactory
post-settlement land contours, enable effective surface water management and a
beneficial agricultural after-use in compliance with WLP policies W3C, W3B,
W4B and W9B, RLP policy PN3 and RSS policy WAT3. It is considered that the
composting aspect of the development would contribute to the restoration and
therefore that the principle of composting at the site would be acceptable subject
to restrictions for the use of the product and in compliance with WLP policies
W7B and W3A.

It is considered that, with the imposition of appropriately worded conditions, the
proposed development would not have any significant detrimental impacts on the
amenity of local residents and would be in compliance with WLP policy W10E
and RLP policies PN5 and PN6. Furthermore, it is not considered that the
development would have any additional detrimental impacts on the local wildlife
and habitats compared to approved development and that in the long term,
following restoration, the proposed development would lead to benefits for local
ecology in compliance with PPS9, RSS policy ENV3 and RLP policies NR5 and
NR6. With appropriate screening and mitigation, it is considered that there would
be no unacceptable impact on the landscape value in the area and that the
proposed development would have no lasting detrimental impact on the
openness and rural nature of the Green Belt and the Coastal Protection Belt, in
compliance with PPG2, RSS policy ENV2, WLP policy W10E, RSP policy CC1
and RLP policies R1, NR1 and NR10. It is not considered that the proposed
development would have a detrimental impact on flood risk in the area or quality
of groundwater in line with RSS policy WAT4, RLP policy NR11 and WLP policy
W4A. It is not considered that there would be any detrimental impacts on the
public highway network or public rights of way beyond approved development at
the site.


                                      Page 15 of 20
                                                       Application Ref: ESS/47/10/ROC

There are no other material considerations which are overriding, or warrant the
withholding of permission.


                           Dated                10 March 2011
COUNTY HALL
CHELMSFORD
                           Signed




IMPORTANT - ATTENTION IS DRAWN TO THE NOTES ON THE NEXT PAGE




INFORMATIVES

      The applicant should note that the composting processes on site would require
       an amendment to their Pollution Prevention Permit, managed by the Environment
       Agency

      The applicant should note that they do not currently have a contract with Essex
       County Council for the supply of green waste




                                      Page 16 of 20
                                                                   Application Ref: ESS/47/10/ROC

NOTES
(1)      An applicant aggrieved by the decision of the County Planning Authority to refuse permission or
approval for the proposed development, or to grant permission or approval subject to conditions, may
appeal to the Secretary of State for the Environment, in accordance with Section 78 of the Town and
Country Planning Act 1990, within six months of receipt of this notice (appeals must be made on a form
which is obtainable from the Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The
Square, Temple Quay, Bristol, BS1 6PN (0117 372 6372) www.planning-inspectorate.goc.uk). - 3 copies
will be supplied. The Secretary of State may allow a longer period for the giving of a notice of appeal but
he will not normally do so unless there are special circumstances, which excuse the delay in giving notice
of appeal. He may decline to determine an appeal if it appears to him that permission for the proposed
development could not have been granted by the County Planning Authority, or could not have been so
granted otherwise than subject to the conditions imposed by it, having regard to the statutory
requirements, * to the provisions of the development order and to any directions given under the order.

Any applicant wishing to appeal against a refusal of permission or grant of permission subject to
conditions shall furnish to the Secretary of State a copy of each of the following documents:

        (i)      the appeal form, completed in full, signed and dated;
        (ii)     the application;
        (iii)    all relevant plans, drawings, particulars and documents submitted with the application
                 (including a copy of any notice provided in accordance with Section 65 of the Act and of
                 the relevant certificate given in accordance with Section 66 of the Act);
        (iv)     the notice of the decision; and
        (v)      all other relevant correspondence with the planning authority.

The second copy of the appeal form must be sent to the County Planning Authority at the address from
which the decision on the application was issued, together with copies of any additional plans, drawings or
correspondence which relate to the application and are being submitted to the Secretary of State as part
of the appeal.

The third copy of the appeal is for the applicant’s retention.

An applicant who desires to appeal against a decision of the County Planning Authority refusing to grant
any consent, agreement or approval required by a condition imposed on a grant of planning permission
(other than an application for approval of reserved matters) or granting any such consent, agreement or
approval subject to conditions shall give notice of appeal to the Secretary of State in writing within six
months of the receipt of notice of the decision; where notice of decision on an application for such
consent, agreement or approval has not been given within eight weeks from the date when the application
was received by the County Planning Authority the applicant may appeal to the Secretary of State in
writing within the six months of the expiry of that period.

(2)      If permission to develop land is refused or granted subject to conditions, whether by the County
Planning Authority or by the Secretary of State for the Environment, and the owner of the land claims that
the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by the carrying out of any development which has been or would be
permitted, he may serve on the District Council for the area in which the land is situated a purchase notice
requiring that Council to purchase his interest in the land in accordance with the provisions of Part VI of
the Town and Country Planning Act 1990.

(3)    In certain circumstances, a claim may be made against the County Planning Authority for
compensation where permission is refused or granted subject to conditions by the Secretary of State on
appeal or on a reference of an application to him. The circumstances in which such compensation is
payable are set out in Section 114 of the Town and Country Planning Act 1990.
     The statutory requirements are those set out in Section 79(6) of the Town and Country Planning
       Act 1990, namely Sections 70 and 72(1) of the Act.




                                                Page 17 of 20
                                                          Application Ref: ESS/47/10/ROC

Town and Country Planning (Environmental Impact Assessment) (England and Wales)
1999 (as amended).

Regulation 21 Statement

This sets out the main reasons and considerations on which the decision is based
having taken into account the findings of the Environmental Statement dated August
2010 when determining the application for planning permission for:

Application to revise the pre-settlement contours of the existing landfill operation through
the importation of non-hazardous waste, with associated extension in time requiring all
operations to have ceased and the site to be restored by 31 December 2016. The
application also provides for open windrow composting of green waste to take place at
the site, with the product used for soil improvement at the site, and revision of localised
post settlement contours, including the infilling of a pond

At Barling Marsh Quarry & Landfill, Mucking Hall Rd, Barling Magna
Applicant: Cory Environmental Limited, The Old Rectory, Mucking Wharf Road,
Mucking SS17 0BN

Application No.: ESS/47/10/ROC

The Environmental Statement covered the following issues:

      Ecology; and
      Ground and Surface Water Quality

The proposals have been the subject of an Environmental Impact Assessment (EIA).
The planning policies relevant to the development have been assessed in detail. The
environment of the application area and the surrounding area has been assessed and,
based on the assessment and the proposed development, predictions are made in
respect of the likely impact of the proposals on the environment and the likely effects on
the above subject areas. Consideration is given to the likely positive and negative
effects on the environmental factors specified in the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 1999 which are
population, fauna and flora, soil resources, water, air, climatic factors, cultural heritage
and landscape.

An assessment of potential environmental effects has been carried out of the elements
that could potentially result in environmental impacts.

These were considered by the Waste Planning Authority and appear as Appendix A to
the Agenda Item 5 (a) presented to the County Council’s Development & Regulation
Committee on the 25 February 2011.

The main issues identified concerned the impacts of the proposed development on
ecology and ground and surface water quality.


                                        Page 18 of 20
                                                         Application Ref: ESS/47/10/ROC

Potential impacts on ecology were considered. The site is adjacent to water bodies
designated as Special Area of Conservation, Special Protection Area and Site of Special
Scientific Interest. The site is also within an Environmentally Sensitive Area.

The habitat within the previously restored area of the site is identified within the ES as
being of limited ecological value except the potential to support reptiles and over-
wintering birds that are attracted to the local water bodies. The proposed development
would see a temporary loss of this habitat but the ES sets out methods of working that
would be implemented to minimise any harm to local wildlife. The restored area would
be worked in 6 phases with only one being open at any time, allowing the majority of the
valuable habitat to be available at the site. The works would also be timed to avoid the
over-wintering period, which is the most sensitive for the over-wintering waterfowl using
the adjacent designated area. Surveys would also be carried out prior to the disturbance
of any habitats to establish the presence or otherwise of protected species, and
subsequently the necessity for further mitigation measures. The pond to the south would
be lost, but has been assessed as being of little value ecologically due to the brackish
water and lack of surrounding vegetation.

Potential impacts on the water environment have been assessed. The principle behind
the proposed development would enable effective surface water drainage at the site in
the future and so it is not considered that there would be detrimental impacts on surface
water management as a result of the proposed development. Ground water quality
would continue to be protected through environmental permit controls regulated by the
Environment Agency. The ES provides details of monitoring carried out at the site which
shows that there has been no detrimental impact on quality of ground water in the area
due to extraction and landfill to date. Existing controls and monitoring would be
maintained and it is therefore considered that there would be no reason to believe that
water quality would be detrimentally impacted by the proposed development.

While no formal scoping opinion was requested prior to the submission of the ES, the
Waste Planning Authority was involved in an informal consultation exercise with other
key consultees. As a result of this, it was indicated that the impacts of the development
on the following would not be so significant as to warrant inclusion within the ES: noise;
air quality; transport/traffic; water quantity/flood risk; socio-economic issues;
archaeology and cultural heritage; and landscape and visual impact. These were
considered to be satisfactorily addressed within the planning application details.

The Environmental Statement indicated mitigation measures and monitoring
mechanisms that have been incorporated into the schedule of conditions and legal
obligation compliant with the guidance set out in Circulars 11/95 and 02/99.

It is the considered view of the County Council that the Environmental Statement
addressed the key issues and that its conclusions are sound.


                                                 Audited by:



                                       Page 19 of 20
                Application Ref: ESS/47/10/ROC



  For Roy Leavitt
        Head of Environmental Planning


                                         2010




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