Wivenhoe Quarry by bac0A150

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									 Application Number: ESS/29/09/COL           Case Officer: Maria Tourvas
                                             Ext: 51507
 Site: Wivenhoe Quarry, Alresford Road, Wivenhoe


 Description: Retrospective permission for the recycling of glass, coated roadstone
 chippings and scalpings, concrete and brick waste to produce secondary aggregates
 involving associated plant on land at Wivenhoe Quarry until 31 December 2012 or the
 cessation of landfill operations, whichever is the sooner.

 Secretary of State Referral? Yes/No              Date: 21 August 2009
 Listed Building/Conservation
 Area/Departure



1.      SITE

        Wivenhoe Quarry is located 5km to the south-east of Colchester within a
        predominately rural agricultural area. Running along the northern boundary of the
        site is the B1027 Brightlingsea Road, with Alresford Road south.

        The site is effectively cut into two halves by Keelers Lane which runs from north to
        south through the centre of the site. The halves of the site are linked by a road
        tunnel under Keelers Lane. There is a designated SSSI to the far north of the site
        adjacent to Brightlingsea Road and near Broads Lane, which falls outside and
        away from the subject plant area.

        The current operational area to the east of Keelers Lane comprises a mineral
        extraction area with the resulting void being restored to agriculture and nature
        conservation by using inert infill material.

        To the west is the mineral processing area, stockpiles and silt lagoons, which stand
        adjacent to an area which has been extracted and restored. Residential properties
        to the west of Keelers Lane are approximately 60 metres from the stockpiled area.

        Access to the site for HGVs is via a dedicated right-hand turn off the B1027
        Brightlingsea Road onto a dedicated internal haul road.

2.      BACKGROUND

        The site has a long planning history however the most recent and relevant
        permissions are discussed below together with a summary of the current status of
        the site in question.

        At present the application site is considered to be operating against the 1990
        planning permission TEN/1544/90 which was for “the extraction of sand and gravel,
        reinstatement with inert fill and restoration to agriculture, part to open water on land
        at Keelers and Sunnymead Farms”. This was granted planning permission in
        January 1994.

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     Since this time planning permission was granted in April 2008 for the “Continuation
     of development under TEN/1544/90 (extraction of sand and gravel, reinstatement
     with inert fill and restoration to agriculture, part to open water), without compliance
     with Condition 47 (prohibiting importation of material for processing) and Condition
     50 (imposing a time limit of 9 years from the date of commencement). The
     application proposes the postponement of extraction of the indigenous reserves for
     four years, to allow the importation, for processing and sale, of as dug sand and
     gravel from the agricultural reservoir constructed at Fen Farm. The life of the
     quarry, including the processing plant and coated roadstone plant, would be
     extended by 6 years to 31 December 2012 at Wivenhoe Quarry” (reference
     ESS/24/04/TEN/REV). This was granted subject to conditions and updating an
     existing Section 106 Agreement which sought a financial contribution of £10, 000
     towards the improvement and maintenance of the right-hand turn into the site and
     access for Fen Farm, also signage. Even though that there has been importation
     of material from Fen Farm into Wivenhoe Quarry, it is considered that the
     ESS/24/04/TEN/REV consent was not lawfully implemented as there are a number
     of outstanding conditions that have not been formally discharged. Unauthorised
     importation from Fen Farm has since ceased. This leaves the present operational
     activities on site being the inert landfilling, to the east of Keelers Lane, the coating
     plant and the recycling facility.

     With regards to the recycling facility, temporarily planning permission was initially
     applied for the storage and processing of asphalt planning in August 1989 and has
     been subsequently renewed since this time. The most recent applications on the
     application site have been;

     ESS13/05/COL – Continued use of land for recycling of concrete, brickwaste,
     coasted roadstone and soils, without compliance with Condition 2 (time limit) of
     planning permission ESS/50/98/COL (previously varied by planning permission
     ESS/05/00/COL), to extend the period of use of land for recycling until 30 April
     2007, or the cessation of landfill operations, whichever is the sooner. This, the
     most recent permission for the recycling, ran out in April 2007 and the applicants
     are now applying to regularise the use and for an extension of time for the
     continued use of the recycling facility.

3.   PROPOSAL

     The planning application is for retrospective extension of time for the processing of
     glass, coated roadstone chippings and scalpings, concrete and brick waste to
     produce secondary aggregates, such as sub-bases for use in road construction
     and general fill materials. The material would be stored on site until there is
     sufficient stock for processing. The recycling and concrete crusher would be
     brought on site when the stock pile is to be processed and would then be removed
     until a sufficient stockpile has accumulated again. Indicative details of associated
     plant have been submitted as part of the planning application. It is stated that the
     crusher screener would only be brought into the site when the stock piles are
     sufficient.

     The final material produced would be separately stored on site until delivered to the
     customer. Any remaining waste materials would be deposited in an approved


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     landfill facility or sent to another relevant recycling facility.

     Operation hours are proposed to be 0700 to 1800 hours Monday to Friday and
     0700 to 1300 hours on Saturday with no working on Sunday or Public or Bank
     Holidays. Any work outside of these hours would be restricted to emergency
     repairs. The application seeks for the proposed life of the recycling to be restricted
     to the main life of the quarry and landfill, which is until 31 December 2012 or the
     cessation of landfill operations. The operational hours and proposed expiry date
     would be inline with existing consents.

     Lighting on site would be around the plant for health, safety and security
     requirements and is stated would be downward facing to minimise any impact.

     There is 11 staff on site as part of current operations at the quarry and this staff
     level would continue.

     Fuels would be stored in bunded areas in accordance with Environment Agency
     Regulations.

     Access into the site would be via the B1027. The application seeks for a tonnage
     of recyclable material of up to 50,000 tonnes per annum equating to 1,000 tonnes
     per week and approximately 200 tonnes per day. Vehicle movement is proposed
     at 20 movements per day (10 in and 10 out).

     Noise and dust mitigation measures would be as existing measures in place.

     Restoration/after use of the site would be to agriculture, and part to open water.

4.   POLICY CONSIDERATIONS

     The following policies of the Regional Spatial Strategy (May 2008), Minerals
     Local Plan (initially adopted 1996 and all policies saved in September 2007), The
     Essex & Southend Waste Local Plan (initially adopted 2001 and all policies
     saved in September 2007), also Colchester Borough Council Local Plan (CBC
     LP) (adopted March 2004), and Colchester Borough Council Local
     Development Framework Core Strategy (CBC LDF CS) (adopted December
     2008) provide the development plan framework for this application. The following
     policies are of relevance to this application:


                                   RSS       MLP         WLP             CBC LDF CBC LP
                                                                         CS

      Principle/Sustainable        SS1                      W3A           SD1     CO1
      Development                  ENV2                     W8A           CE1     EMP1
                                                            W8B           CE3     EMP2
                                                                                  EMP4
                                                                                  EMP5
      Development in the                                                  ENV1    CO4
      Countryside
      Landscape

                                              3
     conservation
     Use of Recycled                                   W6A           ER1
     Materials                                         W7E
     Inert Waste Recycling                  MLP5       W7D
     Submission of Details                             W10B
     Development Control                   MLP11       W10E                       DC1
                                           MLP13
     Hours of Operation                                W10F
     Conditions                                        W10A
     Restoration                ENV4        MLP8
     Highways                   T6          MLP3        W4C          TA1           T7
                                T8                                   TA4           T9

     Public Rights of Way       T9                                                L14

5.   CONSULTATIONS

     COLCHESTER BOROUGH COUNCIL – No objection, subject to consulting
     occupiers of neighbouring properties.

     ENVIRONMENT AGENCY – No objection, advised that applicant should register
     activity with EA.

     RAMBLERS ASSOCIATION – No objection, Footpath no. 14 crosses the haul
     road. The existing crossing causes no current problems and no complaints have
     been raised since 1980 concerning the footpath. Any additional impact upon
     amenity of users should be mitigated.

     HIGHWAY AUTHORITY (ENVIRONMENT SUSTAINABILITY AND HIGHWAYS) –
     No objection, subject to informatives being imposed regarding existing routing
     agreement applying, and any highway details shall be agreed with Highways.

     HIGHWAY AUTHORITY (ENVIRONMENT SUSTAINABILITY AND HIGHWAYS) –
     Public Rights of Way – No objection, relevant warning signs are in place where
     footpath crosses haul road.

     COUNTY COUNCIL’S NOISE CONSULTANT – No objection on noise grounds
     and suggest noise conditions applied to ESS/24/04/TEN/REV.

     WIVENHOE TOWN COUNCIL – No comments received.

     ELMSTEAD PARISH COUNCIL - No comments received.

     LOCAL MEMBER – COLCHESTER – Wivenhoe St Andrew – No comments
     received.

6.   REPRESENTATIONS

     14 properties were directly notified of the application. No letters of representation
     have been received.


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7.   APPRAISAL
     The key issues for consideration are:

         A. Principle of Development
         B. Residential Amenity – Noise, dust and visual impact
         C. Highways

A    PRINCIPLE OF DEVELOPMENT

     Principle of recycling and location

     The proposed development is considered to fall outside an employment zone as
     defined by EMP1, EMP2, EMP4 and EMP5 of the CBC Local Plan and Policy CE3
     of the Colchester Core Strategy, and also situated within open countryside as
     protected by Policy CO1 of the CBC LP, whereby a standalone site would be
     unacceptable and contrary to policy.

     However, Policy SS1 of the Regional Spatial Strategy highlights the need for
     sustainable development falling within environmental limits. Policies SD1 and
     CE1 of the Colchester Core Strategy seeks for sustainable development, making
     the best use of land utilising a sequential approach, also the promotion of
     employment generating developments and regeneration of within the employment
     hierarchy and making re-use of land.

     The Minerals Local Plan discusses the contribution of recycled secondary
     aggregates in the form of demolition and construction waste and that they would
     need to be sited in suitable locations, particularly due to their industrial nature.
     MLP Policy MLP 5 states that “Proposals for aggregate recycling plants will be
     considered on their merit. Locations in industrial areas and mineral workings and
     waste disposal sites maybe appropriate provided that, in each case, the use will
     not cause unacceptable environmental and traffic problems. Such plant on
     mineral workings and waste disposal sites shall be removed within the timescale
     already permitted for the main operation of the site”. The Quarry is not defined as
     a Preferred Mineral Workings site within the MLP regardless that site has been a
     quarry since at least the 1940s, however, Policy MLP5 suggests that the
     proposal’s siting within such quarry locations would be acceptable subject to
     impact upon amenity and highways and also that it falls within the timescales of
     the overall quarry itself.

     WLP Policies W3A and W6A, also Policy ER1 of the Core Strategy promotes
     waste minimisation and recycling, whilst Policies W7D and W7E states that they
     should be located on preferred sites as identified in Policy W8A and Schedule 1 of
     the Waste Plan or on other locations compliant with other policies of the Waste
     Local Plan. Policy W8B of the Waste Local Plan states that “large scale waste
     management development (of the order of 50,000 tonnes per annum capacity or
     more, combined in the case of an integrated facility) will not be permitted at such
     non-identified locations…” (i.e. Existing general industrial or employment areas or
     allocated general industrial or employment areas) “…unless it is shown that the
     locations identified in Schedule 1 are less suitable or not available for the
     particular waste stream(s) which the proposal would serve.”



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The site is identified as a Preferred Site for inert waste within the Waste Local
Plan. And therefore the proposed development would compliment the existing
temporary quarry/landfill operations, in accordance to Policies W8A and W8B of
the WLP.

Timescales in Terms of Site Restoration and End Dates
ENV1 of the Core Strategy aims to preserve and enhance the natural and historic
environment and the countryside amongst other things, also safeguard the
Borough’s biodiversity and archaeology.

Policy CO4 of the CBC local plan states “Development schemes should protect
existing landscape features such as those listed in the reasoned justification
wherever possible. Additional planting may be required to maintain and enhance
these features. Where this is considered necessary, planting will be carried out
with species native to the locality. Where it is not possible to safeguard existing
landscape features, compensatory provision will be required.” Whilst Policy ENV2
of the RSS seek to restore, protect and enhance the countryside, whilst Policy
ENV4 of the RSS seeks sustainable, satisfactory and feasible restoration.

The subject development is retrospective as it has been operating beyond the
conditioned timescale of planning permission ESS/13/05/COL, which has also
been as a result of determining ESS/24/04/TEN/REV.

The development is considered to be consistent with the aims of MLP Policy
MLP8 which requires, inter-alia, that where planning permission is given on Grade
1, 2 and 3a land, the land will be required to be restored within a reasonable time
and as nearly as possible to its former agricultural quality, as the proposed
development would not exceed the overall timescale for the site, which is until 31
December 2012 or the cessation of landfill operations, whichever sooner. This
timescale derives from planning permission ESS/24/04/TEN/REV, which even
though is considered not to have been implemented it still can be and is
considered to be a material consideration when determining the subject
application. It is therefore considered that the proposed development would not
create any additional impact upon the natural environment and the countryside in
accordance with Policies ENV1 of the CBC Core Strategy, CO4 of the CBC local
plan, also ENV2 and ENV4 of the RSS.

However, it should be noted that the timescales attached TEN/1544/90 and the
conditions to ESS/24/04/TEN/REV are yet to be discharged. Whilst the quarrying
on site has been mothballed no importation from Fen Farm is occurring at present.
Regardless of the outcome of this application the regularisation of planning
conditions will need to be further investigated.

Employment
Policy E1 of the RSS highlights regional targets for job growth within various
regions. The proposed application would help to retain the need for 11 jobs, of
which it has been recently stated by the operators that due to the current
economic climate 4 jobs have since been lost on site. The development is
considered to accord with Policy E1 of the RSS.




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B   RESIDENTIAL IMPACT

    Policy MLP11 Secondary treatment of minerals and Policy MLP13 would only be
    granted subject to it being demonstrated that there would not be any
    unacceptable effects upon the environment, traffic and amenity. Policies W10B,
    W10E and W10F of the WLP seeks to protect amenity and only approve waste
    management developments whereby it has been demonstrated that it accords
    with other policies of the plan, inter-alia, demonstrated that there is no impact
    upon residential or environmental amenity, no impact upon landscape or
    countryside, upon the highway, agricultural land and the historic environment.
    WLP Policy W10A seeks to impose conditions on schemes that are recommended
    for approval to facilitate in minimising any impact from a scheme where necessary
    and practical. This is also reflected within Policy DC1 of the CBC LP which seeks
    that development, including changes of use, will be permitted only if they
    satisfactorily meet criteria such as not causing unacceptable harm through
    pollution or upon important ecological or rural resources, development will be well
    designed, having regard surrounding built and natural environment, it is located
    and designed to provide for various transport modes and provide infrastructure;
    also that the highway network can accommodate safely the extra traffic the
    proposal will generate.

    The nearest sensitive receptors to the plant site where the recycling facility is sites
    is Oak Dene at 160m, whilst Prospect House (200m away) overlooks the plant
    site.

    There are existing measures of mitigation on site not only in terms of conditioned
    hours of operation, which would remain unchanged, but also in terms of noise
    levels and dust emissions which are also controlled through conditions attached to
    the main permission TEN/1544/90.

    The type of existing measures that are in place on the overall operational area by
    the applicant is controlled use of haul roads, haul road regularly maintained, water
    bowsers etc.

    No objections have been raised from statutory consultees or neighbouring
    residents regarding these aspects of noise and dust. However, it has been
    recommended by the County’s noise consultant that noise conditions are attached
    and updated should planning permission be granted.

    In terms of visual impact it is consider that the relevant aspect here is with regards
    to the new proposed plant to screen and crush. At present the site has only had a
    temporary consent and as a result has been functioning based on Permitted
    Development Rights by bringing in the crusher/screener to the site on a 28
    calendar day basis and then removing it from site. Similarly the proposed plant
    would only be brought onto the site once the stockpiles are sufficient for
    processing and then the plant is proposed to be moved from site, on a campaign
    basis. Various illustrative examples of proposed plant have been provided as part
    of the application. The maximum possible height proposed for a new plant would
    be approximately 15.8m in length and 5.7m in height. However, should planning
    permission be granted details of the plant could be conditioned. It has been


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    stated within the application that the visual impact would be reduced through the
    existing trees on site along the south-east and east of the applications site. A low
    profile processing plant is proposed together with the stockpiles on site this would
    reduce any visual impact.

    Overall the scheme is considered to comply with Policies MLP11 and MLP13 of
    the MLP, Policies W10A, W10B, W10E and W10F of the WLP, also Policy DC1 of
    the CBC LP.

C   HIGHWAYS

    Policies TA4 and TA5 of the Core Strategy for roads and traffic also parking seeks
    sustainable travel and parking also aiming to minimizing travel. Policy T9 of the
    CBC local plan primarily aims for a strategy for car parking provision outside the
    central area of Colchester will be based on county maximum car parking
    standards for all non-residential forms of new developments for employees, and in
    the case of visitors, the levels of accessibility by non-car modes of transport. 24
    car parking spaces are provided within the larger operational site. The parking on
    site is not considered to be a material consideration as no further intensification is
    proposed. 50, 000 tonnes of material is still anticipated to be processed annually
    at 1,000 tonnes per week and 200 tonnes per day. This would still provide 20
    vehicle movements daily, equating to 10 vehicles in and 10 vehicles out. Due to
    the nature and locality of the development it is considered to generally accord with
    Policies TA4, and TA5 of the Core Strategy also Policy T9 of the CBC Local Plan.

    Policies T6 and T8 of the RSS and Policy TA1 of the Core Strategy seek for
    sustainable transport by aiming to minimise environmental implications, reduce
    the growth rate of traffic and efficient use of the existing transport infrastructure.
    Whilst WLP Policy W4C and MLP Policy MLP3 require short routes from the
    application sites onto the main highway network, in this instance being the B1027
    Colchester – Brightlingsea Road. Policy T7 of the CBC local plan states “Traffic
    management schemes will be introduced where these would serve to: (a) increase
    the level of safety for all road users (b) reduce levels of ambient air pollution;
    and/or (c) exclude through-traffic unnecessarily passing through local streets.
    There is an existing routing agreement in place whereby the site traffic turns left
    from the existing main haul road, to the north of the site, onto the B1027. It is
    therefore considered that the scheme is in accordance with Policies W4C, MLP3,
    T6, T7, T8 and TA1 in this respect. However, should planning permission be
    granted then the routing agreement would need to be re-emphasised through an
    informative.

    Policy L14 seeks to preserve and protect Public Rights of Way and Policy T9 of
    the RSS seeks the general improvement of walking and cycling. No additional
    impact is considered upon the users of the Public Footpath. The relevant required
    warning signs are in place at the crossing points. No objection has been raised
    by the County’s PRoW Officer or the local Ramblers Association. It is therefore
    considered that the proposed development also is not contrary to Policies L14 and
    T9.




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8.   CONCLUSION

     On balance it is considered that the subject development is considered to comply
     with planning policy, by recycling waste at a hierarchy level, on a site designated
     as a ‘Preferred Site for Waste’ within the Waste Local Plan. Any impact upon the
     residential amenity of the surrounding occupiers is considered to be mitigated on
     site through various adopted measure but also through the use of conditions on
     the main permission on site TEN/1544/90. Over all the proposed development is
     considered to be acceptable subject to conditions and on the basis that the
     recycling use ceases and the plant is removed at the end of the life of the site,
     namely by until 31 December 2012 or the cessation of landfill operations,
     whichever is the sooner.

9.   RECOMMENDATION

     That planning permission be granted subject to conditions;

       1) The development hereby permitted shall be carried out in accordance with
          the details submitted by way of the planning application dated 6 May 2009
          (ESS/29/09/COL) together with a drawing number W19/PL7/01,
          W19/PL7/02, W19/PL7/03, Appendix 1 indicative details of typical plant,
          Appendices 2, 3, and 4 enclosing previous planning permission, also emails
          from Dan Walker of David Walker Limited dated 12 June 2009 and 20
          August 2009; expect as varied by the following;

       2) All recycling uses and operations shall cease by the 31 December 2012 or
          the cessation of landfill operations under permission ESS/24/04/TEN/REV,
          whichever is the sooner. The land shall be cleared of all plant and materials
          and restored within 3 months of cessation of use in accordance with the
          approved restoration scheme for the quarry under permission TEN/1544/90
          or any subsequent permission approved by the Minerals Planning Authority.

       3) Details of the screening/crushing plant hereby permitted shall be submitted
          to and approved in writing by the Waste Planning Authority within 3 months
          from the date of this permission, and the development thereafter
          implemented in accordance with the approved details, unless otherwise
          agreed in writing by the Waste Planning Authority.

       4) The access/haul road and stockpiles used in connection with the
          development hereby permitted shall be sprayed with water during dry
          weather conditions to prevent dust nuisance.

       5) All plant and machinery shall operate only during the permitted hours, as
          specified in Condition 9, except in emergency (which shall be notified to the
          Waste Planning Authority as soon as practicable) and shall be silenced at
          all times in accordance with the manufacturer’s recommendations.

       6) Except for temporary operations, the free-field Equivalent Continuous Noise
          Level (LAeq 1hours) at noise sensitive properties in Keelers Lane adjoining
          the site, due to operations on site, shall not exceed the following limits:-



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      55dB – where the pre-existing background noise level (LA90) exceeds
      45dB;
      LA90 + 10dB – where the pre-existing background noise level (LA90) lies
      between 35 and 45dB;
      45dB – where the pre-existing background noise level (LA90) is 35 dB or
      less.

  7) Noise levels shall be monitored by the operating company at six monthly
     intervals at up to five locations to be agreed with the Waste Planning
     Authority and start 3 months from the date of the granting of this permission.
     The frequency and duration of such monitoring may be modified at the
     discretion of the Waste Planning Authority. The results shall include the
     LAeq.T noise levels both with and without the permitted operations, the
     La90 noise levels without the proposed operations, details of the prevailing
     weather conditions, and the measurement equipment used its calibration
     and comments on the sources of noise which control the noise climate. The
     survey shall be for a minimum of two separate 1 hour periods during the
     normal working hours and should avoid meal breaks and periods of plant
     breakdown. Monitoring shall only be undertaken in calm weather conditions
     or at receptors with a component of wind blowing from the site. Monitoring
     should generally be avoided in conditions of: - wind speeds greater than
     5m/sec average; rain; low temperatures (<3 degrees C).

  8) Stockpiles shall not exceed 5 metres in height from adjoining ground level.

  9) No working or other operations (including lorry movements) other than
     maintenance in connection with the development hereby permitted shall be
     carried out other than during the following hours;

      Monday to Friday 0700 to 1800 hours

      Saturdays 0700 to 1300 hours

      And at no other time or on Sunday or Public or Bank/Public Holidays except
      for emergency maintenance in connection with the development; no
      concrete crushing shall take place before 08:00 hours.

The reasons for the foregoing conditions are as follows:

  1) For the avoidance of doubt as to the nature of the development hereby
     permitted and to ensure the development is carried out with minimum harm
     to the local environment and in compliance with Policies T6, T8, T9, ENV2,
     ENV4 and SS1 of the Regional Spatial Strategy (May 2008), Policies MLP3,
     MLP, 5, MLP 8, MLP11 and MLP13 of the Minerals Local Plan (initially
     adopted 1996 and all policies saved in September 2007), Policies W3A,
     W4C, W6A, W7D, W7E, W8A, W8B, W10B, W10E and W10F of The Essex
     & Southend Waste Local Plan (initially adopted 2001 and all policies saved
     in September 2007), Policies SD1, CE1, CE3, ENV1, ER1, TA1, and TA4 of
     the Colchester Borough Council Local Development Framework Core
     Strategy (CBC LDF CS) (adopted December 2008) and Policies CO1,
     EMP1, EMP2, EMP4, EMP5, CO4, DC1, T&, T9 and L14 of the Colchester


                                   10
      Borough Council Local Plan (CBC LP) (adopted March 2004).

  2) To provide for the completion and progressive restoration of the site within
     the approved timescale in the interest of local amenity and in compliance
     with Policies ENV2 and ENV4 of the Regional Spatial Strategy, Policy MLP8
     of the Minerals Local Plan, Policy ENV1 of the Colchester Borough Council
     Local Development Framework Core Strategy, and Policy CO4 of the
     Colchester Borough Council Local Plan.

  3) In the interest of residential and local amenity and in accordance with
     Policies MLP11 and MLP13 of the Minerals Local Plan, Policies W10A,
     W10B, W10E and W10F of The Essex & Southend Waste Local Plan, and
     Policy DC1 of the Colchester Borough Council Local Plan.

  4) In the interest of residential and local amenity and in accordance with
     Policies MLP11 and MLP13 of the Minerals Local Plan, Policies W10A,
     W10B, W10E and W10F of The Essex & Southend Waste Local Plan, and
     Policy DC1 of the Colchester Borough Council Local Plan.

  5) In the interest of residential and local amenity and in accordance with
     Policies MLP11 and MLP13 of the Minerals Local Plan, Policies W10A,
     W10B, W10E and W10F of The Essex & Southend Waste Local Plan, and
     Policy DC1 of the Colchester Borough Council Local Plan.

  6) To ensure that the noise emissions from the operations are kept to a
     minimum to protect the amenity of the residents of properties fronting
     Keelers Lane, in accordance with Policies MLP 11 and MLP 13 of The
     Mineral Local Plan and Policy W10E of The Essex County Council Waste
     Local Plan.

  7) To ensure that the noise emissions from the operations are kept to a
     minimum to protect the amenity of the residents of properties fronting
     Keelers Lane, in accordance with Policies MLP 11 and MLP 13 of The
     Mineral Local Plan and Policy W10E of The Essex County Council Waste
     Local Plan.

  8) In the interest of residential and local amenity and in accordance with
     Policies MLP11 and MLP13 of the Minerals Local Plan, Policies W10A,
     W10B, W10E and W10F of The Essex & Southend Waste Local Plan, and
     Policy DC1 of the Colchester Borough Council Local Plan.

 9)   In the interest of residential and local amenity and in accordance with
      Policies MLP11 and MLP13 of the Minerals Local Plan, Policies W10A,
      W10B, W10E and W10F of The Essex & Southend Waste Local Plan, and
      Policy DC1 of the Colchester Borough Council Local Plan.

Informative:
   1) The existing lorry routing agreement for Wivenhoe Quarry (under planning
      permissions TEN/1544/90 and ESS/24/04/TEN/REV) turning left from the
      main haul road onto the B1027 is still applicable to this development
      hereby permitted.


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   2) The activity hereby permitted will need to be registered with the
      Environment Agency under Paragraph 13 of Schedule 3 of the
      Environmental Permitting Regulations 2007.


Reasons for Approval
Subject to the imposition of the attached conditions, the proposal is considered
acceptable having been assessed in the light of all material considerations.
Including weighting against the following policies of the development plan:

Regional Spatial Strategy (May 2008)
Policy T6 and T8 - Highways
Policy T9 – Public Rights of Way
Policy ENV2 and SS1– Sustainable Development
Policy ENV4 – Restoration

Minerals Local Plan (initially adopted 1996, policies saved September 2007)
Policy MLP3 - Highways
Policy MLP5 – Inert Waste Recycling
Policy MLP 8 - Restoration
Policy MLP11 and MLP13 – Development Control

Essex & Southend Waste Local Plan (adopted 2001 and all policies saved in
September 2007)
Policies W3A, W8A and W8B – Sustainable Development
Policy W4C – Highways
Policy W6A and W7E – Use of Recycled Materials
Policy W7D – Inert Waste Recycling
Policy W10A, W10B, W10E and W10F – Development Control

Colchester Borough Council Local Plan (CBC LP) (adopted March 2004)
Policies CO1, EMP1, EMP2, EMP4 and EMP5 – Sustainable
development/employment uses
Policy CO4 – Development in the Countryside
Policy DC1 – Development Control
Policy T7 and T9- Highways
Policy L14 – Public Rights of Way

Colchester Borough Council Local Development Framework Core Strategy
(CBC LDF CS) (adopted December 2008)
Policies SD1, CE1 and CE3 – Sustainable Development
Policy ENV1 – Development in the Countryside
Policy ER1 – Use of Recycled Materials
Policy TA1 and TA4 - Highways


And there are no other policies or other material considerations which are
overriding or warrant the withholding of permission.




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DECISION

By virtue of the powers delegated to me I hereby accept and approve the
above recommendations



for Head of Environmental Planning      Date 21 August 2009




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