page 2 of 63 - · pdf fileapproved 29/03/1965 . ... there are numerous historical planning...

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Office Use Only Monitoring of Mineral and Landfill Planning Permissions Report for Operational Area 1 - Fal China Clay Works, Higher Fraddon, St Columb, Cornwall, TR9 6NL On 11 th March 2010 Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. 0 Page 1 of 63 Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action. 0 Development was considered to be compliant with the relevant planning condition at the 158 time of the site monitoring visit although some minor works may be required.

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Office Use Only

Monitoring of Mineral and Landfill Planning Permissions Report for

Operational Area 1 - Fal China Clay Works, Higher Fraddon, St Columb, Cornwall, TR9 6NL

On 11th March 2010

Report Summary No. of Conditions Development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue.

0

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Development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be resolved at this time by the operator or this Authority. Any continued non-compliance or breach of this condition may result in the instigation of enforcement action.

0 Development was considered to be compliant with the relevant planning condition at the

158time of the site monitoring visit although some minor works may be required.

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1. Introduction This report is a document produced by Cornwall Council’s Natural Resources Team. It relates to a site visit to monitor compliance with a planning permission and legal agreement for a minerals / waste site under relevant requirements of the Planning and Compulsory Purchase Act 2004.1 Disclaimer It should be noted that apparent compliance with any condition at the time of a site monitoring visit by this Authority does not preclude the Authority from instigating enforcement action where any activity being undertaken is subsequently considered to be in breach of a condition or presents a risk of damage or disturbance to the environment or amenity. Any additional site monitoring visit required as a result of non-compliance with a planning condition may result in an additional site monitoring fee being levied. Traffic Lights For ease of reference the Authority has adopted a ‘traffic light’ system to illustrate the level of compliance with each requisite planning condition. The colour coding is based on the following criteria;

Green development was considered to be compliant with the relevant planning condition at the time of the site monitoring visit although some minor works may be required.

Amber development was not considered to be compliant with the condition at the time of the site monitoring visit and/or there are outstanding matters which remain to be

resolved at this time by the operator or this Authority. Any continued non- compliance or breach of this condition may result in the instigation of enforcement action.

Red development was not considered to be compliant with the condition at the time of the site monitoring visit. Furthermore it is considered that there is an urgent need to

remedy this breach due to the potential risk and/or consequences to the environment or amenity. It is therefore concluded that steps should be undertaken without further delay to remedy this breach. Appropriate enforcement action is likely to be expedient should non-compliance with this condition continue. 1 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 came into force on 6th April 2006. These Regulations are made under Section 303 of the Town and Country Planning Act 1990, as amended by Section 53 of the Planning and Compulsory Purchase Act 2004.

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Details of Site Monitoring Visit

Site Name and Address: Operational Area 1 - Fal China Clay Works, Higher Fraddon, St Columb, Cornwall, TR9 6NL Planning Permission(s): R10.ENV 97/00965 Review of Mineral Planning Permissions Approved

10/02/1998

5005/C Approved 22/02/1954 8745/C Approved 20/05/1957 22637/CS R10.ENV/OA1 Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals Approved 16/12/1963 26963/C Approved 29/03/1965 26974/C Operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals Approved 29/03/1965 26975/C Mining operations in connection with the winning and working of china clay Approved 29/03/1965 C/SAR/74/52914 Winning and working of minerals (stone) Approved 15/08/1974 4/75/0542/SST Winning and working of china clay Approved 13/06/1975 4/75/1303/SEN/SCO Tipping of waste from china clay workings Approved 15/04/1976 4/77/1004/9--/SDE Approved 31/01/1978 3/15/78/01390/F Tipping of sand from China Clay Workings Approved 01/02/1979 4/78/1094/SEN Tipping of sand from China Clay Workings Approved on 01/02/1979 4/06/81/00600 Tipping of waste from China Clay workings Approved 30/07/1981 3/15/82/01131 Tipping of sand from China Clay Workings Approved 26/11/1982 4/06/18/82/00511 Tipping of sand from China Clay Workings Approved 26/11/1982 86/05/00951/F Winning and working of china clay Approved 08/12/1986

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86/18/00952/F Winning and working of china clay Approved 08/12/1986 95/739 R26(9) Winning and working of china clay and allied minerals Approved 08/08/1995 95/1138 (R27(7)) Tipping of waste from China Clay Workings Approved 12/03/1996 97/253 (R181(5)) Construction of a tip for the disposal of china clay waste materials Approved 03/04/1997 CC/R/03/00808 (R27(13)) Construction of a surface tip for the disposal of china clay wastes (sand & stent) and ancillary developments. [This is a new application proposing a revised tipping scheme to that proposed in the initial application dated 25/1/02 -R27(9)] Approved 15/07/2003

Legal Agreement(s): N/A Operator: Imerys Minerals (UK) Limited Site Status: Active Type of Visit: Chargeable Visit - Announced

Visiting Officer/s: Mr Adrian Lea Date of Visit: 11th March 2010

Time on Site: 09.30am Time off Site: 11.45am Attendees: John Vine - Imerys Minerals (UK) Limited Narender Dhayal - Imerys Minerals (UK) Limited Adrian Lea - Cornwall Council Weather: Dry, occasional drizzle Ground Conditions: Damp Report Author: Mr Adrian Lea

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3. Compliance with Planning Conditions R10.Env 97/00965 Review of Mineral Planning Permissions 08/00418/PROMP dated 10/02/1998

Condition Number and Description Condition 1. Time Limits

Except where it is provided otherwise in the conditions of the original permission, the Mining Operations to which these permissions relate shall cease after 21st February 2042 unless planning permission is granted for the continuation of operations beyond that date. Unless further permission has been granted for a continuation of operations beyond this period the site shall be reclaimed in accordance with the Restoration Conditions and Aftercare Conditions approved for the Operational Areas by 21st February 2047. Notes Following Visit This condition is post dated until 21st February 2042. The operator has made a detailed submission in respect of the Review of Mineral Planning Permissions (ROMPs) and the Mineral Planning Authority has raised a number of issues and the operator has responded to these issues. Following the consideration of this response by the Mineral Planning Authority a revised Review of Mineral Planning Permissions submission is currently scheduled to be made by 30th September 2009. This submission is now overdue and the Mineral Planning Authority should therefore consider the response made by Imerys Minerals (UK) Limited in order to facilitate the submission of a revised Review of Mineral Planning Permissions submission.

Condition Number and Description Condition 2. The Extent of the Permissions

The development to which these Permissions relate shall be limited to the areas shown on the approved plan (the application Plan Drawing No. G/4/1/102) (the site). Notes Following Visit All operations appear to be within the approved area identified on drawing No. G/4/1/102 and the additional areas as subsequently approved. Mineral extraction or processing activities have not advanced into any new areas since the previous site visit (13th November 2009).

Condition Number and Description

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Condition 3. Nature of Development

The development to which these Permissions relate shall comprise the winning and working of china clay, china stone, mica, sand and allied minerals, the deposit of mineral waste and operations ancillary to mining (the Mining Operations) as specified in the original permissions. Notes Following Visit The development is being undertaken in accordance with this condition. Some additional activities are being undertaken but express planning permission (Melbur Blockworks) exists for such activity.

Condition Number and Description Condition 4. Working Programme

The Mining Operations and the Restoration and Aftercare of the site shall be carried out in accordance with any existing conditions imposed upon the original planning permissions in addition to the supplementary conditions of this determination until such time as Schemes of Working, Site Access and Conditions have been approved by the MPA for the Operational Areas and the LongTerm Working Areas, unless otherwise agreed in writing by the MPA. The working programme for the Operational Areas may be comprised in a series of phases of not less than seven years. A Scheme of Working, Site Accesses and Conditions for each area shall be submitted for approval to the MPA in accordance with Conditions 5(a), (b) and (c). Following the approval by the MPA of a Scheme of Working, Site Access, and Conditions, the Mining Operations and the Restoration and Aftercare shall be carried out strictly in accordance with the Scheme unless otherwise approved in

writing by the MPA.

Notes Following Visit There are numerous historical planning permissions which apply to various parts of the Fal Operational Area. The area has a long and complex planning history. A scheme of working was submitted to the Mineral Planning Authority by the operator in 2005. It may be worthwhile reviewing this scheme in light of the impact of the dry mining plant which became fully operational in 2007.

Condition Number and Description

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Areas

Condition 5. Schemes of Working, Site Access and Conditions to Mitigate "Environmental Impact" in Operational

In respect of each Operational Areas listed in Schedule A annexed hereto and identified on Drawing No. G/4/1/101 the operator shall submit to the MPA on or before the dates shown in the Schedule, unless otherwise agreed in writing with the MPA: (a) A Scheme of Working to identify the area, depth and direction of extractive operation, the area, height and profile of tipping or mineral waste, details of any ancillary development (including plant and stockpiling) and ongoing and (where appropriate) final landscaping, restoration and aftercare measures. The Scheme shall cover a period of not less than seven years. (b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. Where agreed with the MPA in preapplication discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in writing by the MPA. (c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definitions annexed hereto.

Notes Following Visit This condition is post dated until 21st February 2042. The operator has made a detailed submission in respect of Review of Mineral Planning Permissions and the Mineral Planning Authority has raised a number of issues and the operator has responded to these issues. Following the consideration of this response by the Mineral Planning Authority a revised Review of Mineral Planning Permissions submission is currently scheduled to be made by 30th September 2009. This submission is now overdue and the Mineral Planning Authority should therefore consider the response made by Imerys Minerals (UK) Limited in order to facilitate the submission of a revised Review of Mineral Planning Permissions submission.

Condition Number and Description Condition 6. The LongTerm Working Areas

No Mining Operations shall be carried out within any part of the site shown as a LongTerm Working Area on Schedule B and Drawing No. G/4/1/101 annexed hereto until such time as the operator has submitted to the MPA, and the MPA has approved for that part of the site; (a) A scheme of Working to identify the area, depth and direction of extractive operations, the area, height and profile of tipping of mineral waste, details of any ancillary development (including plant access and stockpiling) and ongoing and (where appropriate), final landscaping, restoration and

aftercare measures. The scheme shall cover a period of not less than seven years. (b) A report on site accesses. This will include identifying the location and function of all operational site accesses to the public highway, and a statement on the suitability of each access for its function. There agreed with the MPA in preapplications discussions, detailed plans relating to the alignment, level, width, junction layout and surfacing of the site access road, together with the disposal of surface water therefrom shall be submitted for approval and these works shall be carried out within 6 months of the date of approval, unless otherwise agreed in wiring by the MPA. (c) "Site Specific Conditions" to address any adverse environmental impact during the Scheme period. Footnote: (i) the term "environmental impact" is described in the definitions annexed hereto; (ii) examples of Site Specific Conditions are indicated in the definition annexed hereto. Notes Following Visit Fal is identified as an Operational Area rather than a Long Term Working Area and therefore this condition does not apply.

Condition Number and Description Condition 7. Access and Highway Matter (General)

The operator shall employ the best practicable means to prevent the transfer of mud, dust stones or other deleterious material onto the public highway. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit The access points were observed to be in a clean condition.

Condition Number and Description Condition 8. Sheeting of Lorries

All heavy commercial vehicles leaving the site except those carrying single sized washed stone over 75mm shall be sheeted or have their loads otherwise totally enclosed before leaving the site (this condition shall not apply to vehicles travelling between one part of the site and another), unless otherwise agreed in writing with the MPA. Footnote: The term 'heavy commercial vehicle' is defined in the definitions annexed hereto. Notes Following Visit It is understood that all lorries are correctly sheeted, although material over 75mm is generally not being exported from the site at this time. There are no current complaints regarding dust from vehicles at the site.

Condition Number and Description

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Condition 9. Environmental Protection (General)

All practicable means shall be employed by the operators for preventing or minimising the emission of dust, smoke or fumes and the creation of noise and vibration during the approved use of the site.

Vehicles, plant and machinery operated within the site shall be maintained and fitted with silencers in accordance with the manufactures specification at all times. Footnote: The word 'practicable' and the phrase 'practicable means' is defined in the definitions annexed hereto. Notes Following Visit There are no outstanding complaints regarding these matters. All machinery is understood to be correctly maintained and suppressed.

Condition Number and Description Condition 10. Dust (General)

A scheme for the suppression and mitigation of dust arising at the site which shall include proposals for dust monitoring, shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed with the MPA) of the determination of conditions by the MPA. Notes Following Visit The scheme has been submitted and was subsequently confirmed as being acceptable by the Mineral Planning Authority on the 17th July 2009. A complaint has recently been received by Imerys Minerals (UK) Limited regarding dust being generated in respect of activities on Scarcewater Tip, a bowser was dispatched and no further complaints have been received.

Condition Number and Description Condition 11. Noise (General)

Except as may be provided for in Site Specific Conditions approved for the Operational Areas and for the LongTerm Working Areas or as may be specified in original conditions in permission granted after 1 January 1993, noise levels arising from the Mining, Restoration or Aftercare Operations on the Site, measured at any occupied residential property, shall not exceed 55 dB (LA eq) on hour freefield between 7.00 and 19.00 hours and 45dB (LA eq) 5 minutes freefield between 19.00 and 07.00 hours, unless otherwise agreed in writing with the MPA. Footnote: Noise Sensitive Areas (as defined in the annex affixed here) will be identified within schemes to be submitted for the Operational Areas (and if appropriate, the LongTerm Working Areas), and the operators shall provide baseline information for daytime and nighttime levels arising from Mining, Restoration, and Aftercare Operations within Site Specific Conditions for the Noise Sensitive Areas.

Notes Following Visit There are currently no complaints regarding noise at this site.

Condition Number and Description

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Condition 12. Blasting (General)

Ground vibration from blasting should not exceed a peak particle velocity of 8.5mm per second at or near the foundations of all domestic occupied buildings and all other buildings used for human occupation not under the control of the applicant unless otherwise agreed by the MPA. Within 12 months of the determination of new conditions, the operators shall agree an appropriate limit to ground vibrations from blasting to protect railway structures and rail services. The measurement shall be the maximum of 3 mutually perpendicular directions at the ground surface. Blasting (other than secondary blasting within the terms of the scheme approved in relation to condition No. 14) shall only take place between 8.00 and 18.00 hours Monday to Friday and 8.00 and 12.00 hours on Saturdays unless otherwise agreed in writing with the MPA. Should ground vibration at any building or structure (other than those where a higher level has been

agreed), as specified above, exceed a peak particle velocity of 8.5mm per second, the operator shall immediately notify the MPA. The notification shall be confirmed in writing together with a description of the blast design and any reason know to the operator for the blast exceeding 8.5mm per second.

Notes Following Visit There are no outstanding complaints regarding blasting at this site.

Condition Number and Description Condition 13. Blasting (Monitoring)

A scheme for the monitoring of blasts and the release of all readings shall be submitted to the MPA for approval within 12 months (or such longer period as may be agreed by the MPA) of the determination of conditions. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit A scheme as required by this condition has previously been submitted to the Mineral Planning Authority. The scheme has subsequently been approved by the Mineral Planning Authority, as confirmed in a letter to Imerys Minerals (UK) Limited, dated 9th July 2010.

Condition Number and Description Condition 14. Secondary Blasting

Within 12 months of the determination of new conditions, the operators shall submit to the MPA for approval, a scheme for any secondary blasting. Following approval by the MPA, the scheme shall be adopted at all times by the operator unless otherwise agreed in writing with the MPA. Notes Following Visit Although there is currently no secondary blasting within the Fal Operational Area a scheme has previously been submitted to the Mineral Planning Authority. The scheme has subsequently been approved by the Mineral Planning Authority, as confirmed in a letter to Imerys Minerals (UK) Limited, dated 9th July 2010. .

Condition Number and Description

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Condition 15. Ground and Surface Water Protection (bunding and storage facilities)

Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse. For any liquid other than water this shall include storage in suitable tanks and containers which shall be house in an area surrounded by a bund wall of sufficient height and construction so as to contain 110% of the total contents of all containers and associated pipework. The floors and walls of the bunded area shall be impervious to both water and oil, and vent pipes should be directed downwards into the bunded area. Notes Following Visit The details and locations of any fixed storage facilities will need to be included within the future Review of Mineral Planning Permissions submission. At this time the site is operated under the terms of an ISO 14001 permit.

Condition Number and Description Condition 16. Protection of Controlled Waters

All surface runoff from tips or areas prepared for extraction or tipping shall be intercepted by perimeter ditches and/or contained in settlement lagoons before discharge to any controlled waters. All tips shall be treated as soon as reasonably practicable to prevent the runoff of waste materials. Notes Following Visit

At this time any discharge of water from the site is understood to be undertaken in accordance with a discharge licence issued from the Environment Agency.

Condition Number and Description

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Condition 17. Lights and Floodlighting (General)

All practicable means shall be employed by the operators to minimise any adverse effects of lights and floodlights upon adjoining residential properties and to negate any resulting dazzle onto the public highway. Notes Following Visit There are no registered complaints regarding lighting at this site.

Condition Number and Description Condition 18. Soil Handling

Where affected by operations in an approval area all available topsoil and subsoil shall be separately stripped in advance from operational areas whilst in a dry condition and either: (a) stockpiled in an area to be approved by the MPA for later use in restoration (the topsoil and subsoil shall be stored separately) or (b) transferred directly to areas prepared for surface treatment. On reinstatement the subsoils shall be replaced first and shall be loosened by cultivation across the contour, prior to spreading of the topsoil in dry ground conditions. Footnote: In this context the phrase 'dry' conditions shall mean not saturated or waterlogged by rainwater penetration, normal low moisture content being acceptable.

Notes Following Visit There are a number of soil stripping activities being undertaken in the Fal Operational Area. These activities are principally covered by more detailed conditions relating to tipping operations associated with tipping activity at Gaverigan Tip and Scarcewater Tip.

Condition Number and Description Condition 19. Archaeology and Historic Environment (Code of Practice)

Within 12 months from the date of this determination or such other time as may be agreed in writing by the MPA, the operators will submit an Archaeological Code of Practice to the MPA for approval which sets out procedures for : (a) consultation and cooperation between the operators and the MPA (b) the assessment and evaluation of the impact of the Schemes of Working on archaeological and historic sites and landscapes (c) establishing principles for recording or conserving features of archaeological/historic importance

Notes Following Visit An Archaeological Code of Practice has been submitted in accordance with the requirement of this condition and this Code of Practice has been agreed by the Mineral Planning Authority.

Condition Number and Description Condition 20. Archaeology and Historic Environment (General)

In the interim period before the Schemes of Working and Site Specific Conditions required by Condition No. 5 have been approved by the MPA, where the operators intend to implement development beyond the current working areas of the mineral site which impacts upon a site identified on "The Archaeological Unit, 1991, the operator will agree a scheme to record or conserve the site with the MPA. Notes Following Visit Development within the Fal Operational Area has not extended beyond the established working area.

Condition Number and Description

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Condition 21. Prior Cessation of Working

In the event of a cessation of winning and working in minerals prior to the completion of the approved working scheme, which in the opinion of the MPA constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 (of the Town and Country Planning Act 1990), a revised scheme, to include details of reclamation and aftercare, shall be submitted in writing for the approval of the MPA, within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA. Notes Following Visit This is a post dated condition requiring the eventual removal of all plant and buildings upon eventual cessation of use.

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3. Compliance with Planning Conditions Decision Number 5005/C No decisions are attached to this planning permission

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3. Compliance with Planning Conditions Decision Number 8745/C The site is now part of the Melbur sand conveyor tip. The northwest corner of the site has subsequently been enveloped by pit development while the southeast corner became part of the later Scarcewater Tip. No conditions are attached to this planning permission.

3. Compliance with Planning Conditions 22637/CS R10.ENV/OA1 Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00127/PMIN dated 16/12/1963

Condition Number and Description Condition 1. Extent of Development

No operations for the winning and working of china clay, china stone, mica, sand and allied minerals or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plans No. 6 ref.E/3 E/4 Sheets Nos. 2, 3, 4 and 5. B/7 B/8 Sheets Nos. 1,2,3 and 4. Notes Following Visit Detailed plan not found. Unsure where pink area is. Possibly road or rail line but not an issue.

Condition Number and Description

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Condition 2. Subsidence or Damage

If in consequence of operations carried out on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink on the attached 1/2500th scale plans No. 6 ref.E/3 E/4 Sheets Nos. 2, 3, 4 and 5. B/7 B/8 Sheets Nos. 1,2,3 and 4 the said land shall be restored to its former level and condition and otherwise made good as often as any such subsidence or damage shall occur; provided that this condition shall not apply in relation to any subsidence or damage caused in consequence of any working of mineral which takes place after the said land has been acquired under statutory powers for highway purposes. Notes Following Visit Detailed plan not found. Unsure where pink area is.

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3. Compliance with Planning Conditions 26963/C Approved 29/03/1965 The site is part of the former Anchor China Clay Company works and was subsequently amalgamated into English China Clay ownership. The northern part of the site is now part of Pines Tip and the southeast of the site is part of the Melbur Pit. The western finger of the site is now occupied by the Aggregate Industries blockworks facility. No conditions are attached to this planning permission.

3. Compliance with Planning Conditions 2974/C Operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00128/PMIN dated 29/03/1965

Condition Number and Description Condition 1. Control of Development

No operations for winning and working of china clay, china stone, mica, sand and allied minerals, or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plan Nos: 6 Ref. C/17, C/18 Sheet No. 1., Sheet No. 2., Sheet No. 3. 6 Ref. F/5, F/6 Sheet No.1., Sheet No.2., Sheet No.3. 6 Ref. C/.13, C/14 Sheet No. 1. 6 Ref. F/1, F/2, C/9 Sheet No. 5. 6 Ref. F/1, F/2 Sheet No.2., Sheet No.3., Sheet No.4. 6 Ref. E/.7, E/8 Sheet No. 2. 6 Ref. B/7, B/8 Sheet No.1., Sheet No.2., Sheet No.3., Sheet No.4 6 Ref. F/7, F/8 Sheet No. 3., and C/23, C/24. 6 Ref. C/9 , C/10 Sheet No.1., Sheet No.2., Sheet No.3. 6 Ref. C/.27 , C/28 Sheet No. 1. 6 Ref. E/.3 , E/4 Sheet No. 2.

Notes Following Visit Detailed plan not found.

Condition Number and Description Condition 2. Restoration

If in consequence of operations carried out on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink on the plans detailed in condition No.1., the said land shall be restored to its former level and condition and otherwise made good as often as may such subsidence or damage shall occur; provided that this condition shall not apply in relation to any subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes.

Notes Following Visit Detailed plan not found. Unsure where pink area is.

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3. Compliance with Planning Conditions 26975/C Mining operations in connection with the winning and working of china clay 09/00131/PMIN dated 29/03/1965

Condition Number and Description Condition 1. Control of Development

No operations for the winning and working of china clay, china stone, mica, sand and allied minerals, or any operations connected therewith shall be carried out on the area of land coloured pink on the attached 1/2500th scale plans Nos: 6 Ref. C/17 C/18 Sheet No.1., Sheet No. 2., Sheet No. 3. 6 Ref. F/5 F/6 Sheet No.1., Sheet No. 2., Sheet No. 3. 6 Ref. C/13 C/14 Sheet No.1. 6 Ref. F/1 F/2 C/9 Sheet No.5. 6 Ref. F/1 F/2 Sheet No.2., Sheet No. 3., Sheet No. 4. 6 Ref. E/7 E/8 Sheet No.2. 6 Ref. B/7 B/8 Sheet No.1., Sheet No. 2., Sheet No. 3., Sheet No.4. 6 Ref. F/7 F/8 Sheet No. 3., and C/23 / C/24. 6 Ref. C/9 C/10 Sheet No.1., Sheet No. 2., Sheet No. 3. 6 Ref. C/27 C.23 Sheet No.1.

Notes Following Visit Detailed plan not found.

Condition Number and Description Condition 2. Subsidence or Damage

If in consequence of operations carried ouot on the site any subsidence or other damage is caused either directly or indirectly to the land coloured pink on the plans detailed in condition No.1., the said land shall be restored to its former level and condition and otherwise made good as often as any such subsidence or damage shall occur; provided that this condition shall not apply in relation to any subsidence or damage caused in consequence of any working of minerals which takes place after the said land has been acquired under statutory powers for highway purposes. Notes Following Visit Detailed plan not found. Unsure where pink area is. Possibly road or rail line but not an issue.

Condition Number and Description

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Condition 3. Scheme of Operations

Operations for the winning and working of china clay, china stone, mica, sand and allied materials, or any operations connected therewith shall be in accordance with a scheme to be agreed with the Local Planning Authority. Notes Following Visit Detailed scheme not found. This matter will need to be addressed through the detailed Review of Mineral Planning Permissions submission.

3. Compliance with Planning Conditions C/SAR/74/52914 Winning and working of minerals (stone) 74/00002/MIN dated 15/08/1974

Condition Number and Description Condition 1. Matters Requiring Prior Approval

There shall be no development above the existing ground level without the prior written agreement of the County Planning Authority. Notes Following Visit It is not possible to confirm whether or not this condition was adhered to. It is now irrelevant as the former quarry has been subsumed by later tipping operations.

Condition Number and Description

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Condition 2. BackFilling Scheme

The quarry shall be backfilled in accordance with a scheme to be agreed with the County Planning Authority and such scheme shall include details of final levels and treatment of the surface of the tipped materials. Notes Following Visit It is not possible to confirm whether or not this condition was adhered to. It is now irrelevant as the former quarry has been subsumed by later tipping operations.

Condition Number and Description Condition 3. BackFilling Scheme

The scheme referred to in Condition 2 shall be carried out within 3 years of the completion of the operations permitted by this permission. Notes Following Visit It is not possible to confirm whether or not this condition was adhered to. It is now irrelevant as the former quarry has been subsumed by later tipping operations.

Condition Number and Description Condition 4. Blasting Operations

Blasting operations shall only be carried out at such hours as may be agreed from time to time by the County Planning Authority and shall in no case endanger nearby properties. Notes Following Visit It is not possible to confirm whether or not this condition was adhered to. It is now irrelevant as the former quarry has been subsumed by later tipping operations.

3. Compliance with Planning Conditions 4/75/0542/SST Winning and working of china clay 75/00130/MIN dated 13/06/1975

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Development begun. Permission Implemented.

Condition Number and Description

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Condition 2. Extent of Development

The area of working or any operations connected therewith shall not exceed the area shown pink on the plan submitted without the prior consent of the County Council. Notes Following Visit Plan not found. It is not possible to confirm whether or not this condition was adhered to. It is now irrelevant as the site has been largely subsumed by later mineral working operations.

Condition Number and Description Condition 3. Restoration

Overburden stripped from the land as operations proceed shall be set aside and stored and shall be used for the restoration of the site in a manner to be agreed with the County Planning Authority.

Notes Following Visit Topsoil and overburden stripped but unsure of destination.

Condition Number and Description Condition 4. Waste Material Scheme

The deposit of waste material resulting from the winning and working of china clay shall be in accordance with a scheme to be agreed with the County Council. Notes Following Visit No tipping has occurred within this area.

Condition Number and Description Condition 5. Restoration

Unless the Local Planning Authority otherwise agree any building plant, machinery foundations or structures or erections in the nature of plant or machinery shall be removed at such time as the Local Planning Authority may determine they respectively are no longer required for the purpose for which they respectively were installed (or erected) in connection with the winning and working of china clay and upon their removal the site shall be reinstated to the satisfaction of the Local Planning Authority. Notes Following Visit New consent for the dry mining plant. No other redundant plant/machinery within this area.

3. Compliance with Planning Conditions 4/75/1303/SEN/SCO Tipping of waste from china clay workings 75/00001/MIN dated 15/04/1976

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Development commenced and completed.

Condition Number and Description Condition 2. Tipping and Restoration Scheme

Before any of the development hereby authorised is commenced a tipping and restoration scheme shall be submitted to and approved by the County Planning Authority and subsequent tipping and activities associated therewith shall not depart from the approved scheme without express permission of the County Planning Authority. Notes Following Visit Unsure if tipping and restoration scheme was submitted and approved.

Condition Number and Description Condition 3. Tipping Scheme

The tipping scheme required by Condition 2 of this permission shall in particular provide for the following: i) Prevention of dust and other debris being deposited on the Fraddon/Penda Carne road, properties and caravan park. ii) The tip constructed and the site restored for agricultural use progressively, with the landscaping to be on the northern face receiving early attention particularly near existing dwellings. iii) Prevention of any flood water eroding the proposed footpath or entering on to the Higher Fraddon/Penda Carne roadway. iv) The removal of all topsoil from the areas to be tipped over and stored for subsequent use towards soiling of the tip as proposed in the submitted application. v) Land affected by this proposal and which is presently in agricultural use to continue in such use and progressively be withdrawn as required for this development. vi) The seeding of grass and application of fertiliser shall be carried out in such a manner as to establish and improve the soil structure and to allow grazing or grass cutting between April and September. vii) Gates and water supply to accommodate the grazing by livestock.

Notes Following Visit Largely unable to confirm. Topsoil was stripped and replaced on the same tip.

Condition Number and Description Page 22 of 63

Condition 4. Machinery No machinery shall be worked in the vicinity of private dwellings adjoining the site between 2000 hours and 0800 hours the following day. Notes Following Visit Unable to confirm. Now irrelevant.

Condition Number and Description

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Condition 5. Noise

Particulars about the amount of noise to be generated in the carrying out of the development and of the times during which noise producing activities will be carried on therein shall be submitted to the County Planning Authority together with details of the previsions to be made for adequate suppression of the noise and such details shall be approved by the County Planning Authority before any development shall be carried out and completed in every respect in accordance with such approved details. Notes Following Visit Unable to confirm. Now irrelevant.

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3. Compliance with Planning Conditions Decision Number 4/77/1004/9/SDE Wheal Remfry Concrete Plant. The application site was the former Trerice Quarry which was backfilled and seeded by English China Clays. It is assumed that the planning permission was never implemented by Richards and Osborne and the permission has therefore lapsed. No works were subsequently undertaken in respect of the blue area to the east of the site.

3. Compliance with Planning Conditions 3/15/78/01390/F Tipping of sand from China Clay Working 78/00003/MIN dated 01/02/1979

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Permission implemented and completed.

Condition Number and Description Condition 2. Landscaping

Before any development hereby permitted is commenced a landscaping scheme shall be submitted to and approved by the Local Planning Authority: the scheme shall provide for hydro seeding and the planting of trees and shrubs for screening purposes and when approved the scheme shall be implemented progressively within 12 months from the commencement of the development with replacement when necessary to the satisfaction of the County Council as Local Planning Authority. Notes Following Visit Not possible to confirm if scheme was submitted but site was hydro seeded and progressively tree planted and completed.

Condition Number and Description

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Condition 3. Highway Matters

No surface water or other deleterious material shall be discharged on to the highway. Notes Following Visit Unable to confirm. Now irrelevant.

Condition Number and Description Condition 4. Drainage

Satisfactory details of the system of surface water drainage of the development hereby permitted shall be submitted for the approval of the Local Planning Authority prior to commencement of the said development. Notes Following Visit Not possible to confirm at this time. System of catch pits and drains now in place.

3. Compliance with Planning Conditions 4/78/1094/SEN Tipping of sand from China Clay Workings 78/00005/MIN dated 01/02/1979

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Permission implemented and completed.

Condition Number and Description Condition 2. Landscaping

Before any development hereby permitted is commenced a landscaping scheme shall provide for hydroseeding and the planting of trees and shrubs for screening purposes and when approved the scheme shall be implemented progressively within 12 months from the commencement of the development with replacement when necessary to the satisfaction of the County Council as Local Planning Authority. Notes Following Visit Not possible to confirm if scheme was submitted but site was hydro seeded and progressively tree planted and completed.

Condition Number and Description Condition 3. Highway Matters

No surface water of other deleterious material shall be discharged on to the highway. Notes Following Visit Unable to confirm. Now irrelevant.

Condition Number and Description Condition 4. Drainage

Satisfactory details of the system of surface water drainage of the development hereby permitted shall be submitted for the approval of the Local Planning Authority prior to commencement of the said development. Notes Following Visit Not possible to confirm at this time. System of catch pits and drains now in place.

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3. Compliance with Planning Conditions 4/06/81/00600 Tipping of waste from China Clay workings 09/00132/PMIN dated 30/07/1981

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Permission implemented and completed

Condition Number and Description Condition 2. Control of Development

The development hereby permitted shall be carried out in complete accordance with the submitted plans to the satisfaction of the County Planning Authority. Notes Following Visit Not possible to confirm at this time.

Condition Number and Description Condition 3. Planting

The proposed tree belt to the west of the tip be planted before tipping commences. Notes Following Visit Tree planting scheme undertaken. Tree belt currently exists along the base of the tip.

Condition Number and Description Condition 4. Surface Water

Surface water run off from the tips shall be intercepted and discharged into the existing drainage system to the satisfaction of the County Planning Authority, and there shall be no discharge into the Tresillian catchment. Notes Following Visit Now part of the surface water management system for the whole area.

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3. Compliance with Planning Conditions 3/15/82/01131 Tipping of sand from China Clay Workings 82/00003/MIN dated 26/11/1982

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Permission implemented.

Condition Number and Description Condition 2. Landscaping

The landscaping proposals shown on drawing no. W/614/44 shall where practicable be implemented during the first planting season after the commencement of development and sand tip surfaces shall be progressively hydroseeded as the profiles are completed and thereafter maintained to the satisfaction of the County Council. Notes Following Visit Hydro seeded and woodland planted.

Condition Number and Description Condition 3. Amenity Protection

All reasonable precautions to the satisfaction of the County Council shall be taken to minimise nuisance and disturbance to nearby residents caused by noise, fumes, dust, smoke, ash, grit or vibration. Notes Following Visit No noise complaints received by the operator or the Mineral Planning Authority.

Condition Number and Description Condition 4. Drainage

Provision shall be made for the disposal of ground and surface water from the working areas to ensure that there are no effects upon the adjoining lands, holdings and watercourses during the operations to the satisfaction of the County Council. Notes Following Visit Now part of the surface water management system for the whole area.

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3. Compliance with Planning Conditions 4/06/18/82/00511 Tipping of sand from China Clay Workings 82/00004/MIN dated 26/11/1982

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be begun not later than the expiration of five years beginning with the date hereof. Notes Following Visit Permission implemented.

Condition Number and Description Condition 2. Landscaping

The landscaping proposals shown on drawing no. W/614/44 shall where practicable be implemented during the first planting season after the commencement of development and sand tip surfaces shall be progressively hydroseeded as the profiles are completed and thereafter maintained to the satisfaction of the County Council. Notes Following Visit Hydro seeded and woodland planted.

Condition Number and Description Condition 3. Amenity Protection

All reasonable precautions to the satisfaction of the County Council shall be taken to minimise nuisance and disturbance to nearby residents caused by noise, fumes, dust, smoke, ash, grit or vibration. Notes Following Visit No noise complaints received by the operator or the Mineral Planning Authority.

Condition Number and Description Condition 4. Drainage

Provision shall be made for the disposal of ground and surface water from the working areas to ensure that there are no effects upon the adjoining lands, holdings and watercourses during the operations to the satisfaction of the County Council. Notes Following Visit Now part of the surface water management system for the whole area.

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3. Compliance with Planning Conditions 86/05/00951/F Winning and working of china clay 86/00003/MIN dated 08/12/1986

Condition Number and Description Condition 1. Duration

The entire development hereby permitted shall cease on or before the 22nd February, 2042. Notes Following Visit Permission implemented but subsequently moved.

Condition Number and Description Condition 2. Scheme of Working

No material shall be deposited other than in accordance with a scheme of working to be agreed by the Minerals Planning Authority which shall be submitted to the Minerals Planning Authority within three years of the date of this permission, or such longer period of time as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Not possible to confirm. Irrelevant as the site has since been enveloped as part of the Gaverigan Tip complex.

Condition Number and Description

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Condition 3. Restoration

The site shall be progressively restored and managed in accordance with a scheme agreed with the Mineral Planning Authority, the scheme shall be submitted to the Mineral Planning Authority within 3 years of the date of this permission, or such longer time as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Not possible to confirm. Irrelevant as the site has since been enveloped as part of the Gaverigan Tip complex.

Condition Number and Description Condition 4. Landscaping Scheme

The development hereby permitted shall be undertaken in accordance with a scheme of landscaping and tree planting agreed with the Mineral Planning Authority which shall be submitted to the Mineral Planning Authority within three years of the date of this permission, or such longer period of time as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Not possible to confirm. Irrelevant as the site has since been enveloped as part of the Gaverigan Tip complex.

Condition Number and Description Condition 5. Extent of Development

The development hereby permitted shall be carried out in strict accordance with plan no. W/12/6/15 unless otherwise agreed in writing with the Mineral Planning Authority. Notes Following Visit Not possible to confirm. Irrelevant as the site has since been enveloped as part of the Gaverigan Tip complex.

3. Compliance with Planning Conditions 86/18/00952/F Winning and working of china clay 86/00002/MIN dated 08/12/1986

Condition Number and Description Condition 1. Duration of Development

The entire development hereby permitted shall cease on or before the 22nd February 2042. Notes Following Visit Noted.

Condition Number and Description

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Condition 2. Scheme of Working

No material shall be deposited other than in accordance with a scheme of working to be agreed by the Mineral Planning Authority which shall be submitted to the Mineral Planning Authority within three years of the date of this permission, or such longer period as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Unsure if scheme was subsequently submitted. Some information would have been considered as part of the Scarcewater Tip planning application.

Condition Number and Description Condition 3. Restoration

The site shall be progressively restored and managed in accordance with a scheme agreed with the Minerals Planning Authority, the scheme shall be submitted to the Minerals Planning Authority within three years of the date of this permission, or such longer time as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Site is being progressively restored but cannot confirm if a scheme has been submitted at this stage. Scheme will be advanced under the forthcoming detailed Review of Mineral Planning Permissions submission.

Condition Number and Description Condition 4. Landscaping Scheme

The development hereby permitted shall be undertaken in accordance with a scheme of landscaping and tree planting agreed with the Mineral Planning Authority which shall be submitted to the Mineral Planning Authority within three years of the date of this permission, or such longer period of time as may be agreed in writing with the Mineral Planning Authority. Notes Following Visit Site is being progressively restored but cannot confirm if a scheme has been submitted at this stage. Scheme will be advanced under the forthcoming Review of Mineral Planning Permissions submission.

3. Compliance with Planning Conditions 95/739 R26(9) Winning and working of china clay and allied minerals 95/00029/MIN dated 08/08/1995

Condition Number and Description Condition 1. Time Limit

This permission shall not be valid after 21st February, 2042. Notes Following Visit Noted.

Condition Number and Description Condition 2. Permissions

The development hereby permitted shall be carried out in accordance with the details shown on the approved plans (Drawing Nos. R26(9)/A Location Plan and Drawing No. W/12/5/22 (Proposed benched development of the southwest corner of Wheal Remfrey) Notes Following Visit Part of the northern area has been tipped upon.

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3. Compliance with Planning Conditions 95/1138 (R27(7)) Tipping of waste from China Clay Workings 95/00004/MIN dated 12/03/1996

Condition Number and Description Condition 1. Commencement

The development hereby permitted shall be commenced not later than the expiration of five years starting with the date of this permission. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 2. Duration

This permission shall not be valid after the expiration of four years beginning with the date of commencement of the following operations (namely soil stripping, leat construction, sub drainage works, placement of foundation layer and restoration phases) on the site, or 2 years from the commencement of the disposal of china clay waste whichever is the sooner. The operators shall notify the Mineral Planning Authority (MPA) in writing of this date of commencement. [The tree planting programme may commence prior to the abovementioned engineering operations without prior notification and shall be progressed in accordance with the provisions of Condition No 6]. On or before the expiration of the abovementioned period, unless otherwise agreed with the MPA, all the operations and uses authorised by this permission shall have ceased and the land restored and landscaped in accordance with the further condition below. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 3. Time Limitation

Within the period detailed in Condition No 2 above, except as may otherwise be agreed with the MPA, the duration of berm construction and subsequent tipping of china clay waste shall not exceed a period of two years commencing from the date of the commencement of berm construction. The operators shall notify the MPA in writing of this commencement date. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description

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Condition 4. Badgers

Prior to commencement of any site works, the operators shall have submitted to and had approved by the MPA in consultation with English Nature, a scheme for the identification of active badger setts within the affected area and for a programme of implementation regarding relocation of badgers. Notes Following Visit

This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description

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Condition 5. Landscaping

Within 1 month from the date of this permission or longer period as may be agreed with the MPA a landscaping/reprofiling scheme in order to provide an appropriate surface configuration of the final tip face in the application area, and the inclusion of surface features/ planting along the outer face of the completed tip profile. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 6. Precedent Tree Planting

Prior to the commencement of any berm construction or the tipping of china clay waste the operators shall have completed the proposed tree planting operation (in the area between the proposed stockproof fence and the perimeter drain as indicated on Drawing No. W16/4/149) in accordance with a tree planting scheme to be agreed with the MPA. Such a scheme shall include details of species, sizes, spacings and ground preparation. [It should be noted that, where practicable with regard to species, the minimum height of trees to be planted shall be 1.5 metres]. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 7. Precedent Soil Stripping

Prior to the commencement of any berm construction or the tipping of china clay waste all available topsoil and subsoil shall be stripped from the undisturbed areas and stored for subsequent reuse or deployment in accordance with details to be agreed with the MPA. The stripping of soils shall be undertaken in phases to minimise the disturbance to vegetation. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 8. Development

The development hereby permitted shall be carried out in accordance with the submitted plans (namely Drawing Nos W/6/4/148; W/6/4/143; W/6/4/144; W/6/4/145 Revision A and W/6/4/149) except as where modified by other conditions. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description

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Condition 9. Phasing

The tipping and associated reprofiling shall be carried out in a progressive and phased manner so as to minimise the extent of areas subject to tipping at any one time. As soon as it is practicable, areas which have been profiled to finished levels shall be treated and seeded in accordance with the further conditions below. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 10. New Build and Plant

Notwithstanding the provisions of the Town and Country Planning (Permitted General Development) Order 1995 no new building or fixed plant shall be erected on the site except with the prior approval of the MPA. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 11. Hours Operational

(i) Except in the case of emergencies or as may otherwise be agreed by the MPA, none of the reprofiling or other operations involving mobile machinery shall be operated outside the following times: between 7.00 a.m. 7.00 p.m. Mondays to Saturdays Within the abovementioned working hours the phases of development which constitute temporary engineering operations (namely in this particular instance: leat construction, soil stripping, sub tip drainage work the placement of the foundation layer berm construction and restoration phases) shall not exceed the following times: between 8.00 a.m. 6.00 p.m. Mondays to Saturdays There shall be no operations on Sundays, Bank Holidays or National Holidays. ii) There shall be no working or operations including temporary engineering phases (namely in this particular instance leat construction, soil stripping, sub tip drainage work, the placement of the foundation layer, berm construction and restoration phases) in the area hatched in green on Drawing No. W/6/4/145 Revision A) that exceed the duration of 4 hours in any working day.

Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 12. Access

Access to the tipping area shall be as indicated on Drawing No. W/6/4/143. At no time shall vehicles involved in tip construction approach the tipping areas from the public highways. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 13. Vehicles

The china clay waste shall be delivered to the tip and berm construction area by the use of dump trucks unless otherwise agreed with the MPA. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 14. Dust and Noise

All practicable means shall be employed by the operators for preventing and minimising the creation of dust and noise during the approved use of the site. The word "practicable" and the phrase "practicable means" in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act 1990, as defined below. The provisions of this condition shall include the installation and maintenance of effective silencers on all plant and machinery and the use of bowsers and sprays and wind breaks to minimise the creation of noise and dust respectively. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 15. Height of tipping

At no time shall the height of tipping (including any temporary surcharging during tip construction) exceed the levels on Drawing No W/6/4/149, except as may otherwise be agreed with the MPA. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description

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Condition 16. Drainage

The sub tip drains, perimeter leat and catchpit system to serve the tip shall be designed and constructed in accordance with details to be agreed with the MPA in consultation with the NRA. All existing drainage leats and other drainage arrangements shall be maintained throughout the period of aftercare referred to in condition No 20 below. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier

planning permission have been satisfactorily discharged.

Condition Number and Description Condition 17. Drainage

All silty/discoloured water arising as runoff from the stripped surface, the tipped material or from the access tracks, shall be irrigated over grassland or confined to settlement lagoons, where necessary, so as to remove gross solids prior to discharge to any watercourse. The location and design of such catchpit/lagoons shall be in accordance with details to be agreed with the MPA in consultation with the National Rivers Authority. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 18. Noise Temporary

i) The noise from temporary operations (in this case leat construction, soil stripping, sub drainage work, placement of foundation layer, berm construction and restoration phases) shall not exceed a level 70 db (A) LA eq (1 hour) free field as measured at the dwellings at Southlands and at Sunbury Farm. (ii) The noise arising from the approved operational phase of the site shall not exceed a level of 55 db (A) LA eq (1 hour) freefield as measured at the abovementioned properties. At the request of the MPA the operators shall make arrangements for noise monitoring to show compliance with these noise levels.

Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description Condition 19 Restoration

The site shall be progressively restored to amenity use involving tree planting (in accordance with Conditions Nos. 5 & 6) and by hydroseeding in appropriate areas. [Hydroseeding shall as far as practicable not be undertaken during periods when wet weather is predicted in order to minimise run off of fertilisers]. Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

Condition Number and Description

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Condition 20. Aftercare

Within 1 year of the date of this permission or some longer period as may be agreed with the MPA an aftercare scheme shall be submitted for the approval of the MPA setting out the arrangements and steps necessary to restore land to an amenity use. Such arrangements shall include maintenance of fencing, tree planting, seeding, application of fertiliser, drainage installations and treatment of gullying. The agreed aftercare arrangements shall be in force for a period of five years from the date of completion of restoration of the whole site, the date of which shall be notified to the MPA. All tree and shrub planting shall be maintained for a period of ten years following planting.

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Notes Following Visit This permission has been implemented and completed. The site area has now been superseded by the Scarcewater Tip permission. It is therefore assumed that all conditions attached to this earlier planning permission have been satisfactorily discharged.

3. Compliance with Planning Conditions 97/253 (R181(5)) Construction of a tip for the disposal of china clay waste materials 97/00001/MIN dated 03/04/1997 The site is known as the Gaverigan Tip.

Condition Number and Description Condition 1. Commencement

The development to which this permission relates shall be begun not later than the expiration of 5 years beginning with the date of this permission Notes Following Visit The planning permission has been implemented.

Condition Number and Description Condition 2. Duration of Permission

This permission shall not be valid after 22nd February 2042. On or before the expiration of the abovementioned date, unless further permission has been granted, all the operations and uses authorised by this permission shall have ceased and the land restored and landscaped in accordance with the further conditions below. Notes Following Visit Noted.

Condition Number and Description Condition 3. Definition of Development Permitted

This planning permission shall only relate to the site edged red on Plan No W/12/4/150 hereafter referred to as 'the site' and the development hereby permitted shall only be carried out within 'the site' in accordance with the details set out in the submitted application forms, planning application statement, applicants' Environmental Statement and submitted plans Drawing Nos W/12/4/150 167 inclusive and Drawing No R1789/P/1, except as where modified by other conditions below or otherwise agreed with the Mineral Planning Authority (MPA). Notes Following Visit Noted. The road diversion has been constructed and this essentially forms the site boundary. Imerys are working in accordance with submitted plans, phased restoration and final profiles.

Condition Number and Description Condition 4. Temporary Access

No road construction works shall commence in the area east of Stamps Hill until the applicants have submitted to and had approved by the MPA, in consultation with the County Surveyor, a scheme for the provision of appropriate accessways off Stamps Hill to the site. Such a scheme shall specify the precise location of proposed accessways, appropriate hardsurfacing and drainage of the accessways, measures to control traffic and provision of means of ensuring debris does not get deposited on Stamps Hill from vehicles using the accessways. Notes Following Visit Noted.

Condition Number and Description

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Condition 5. Sequence of Works Road Closure

Except as may otherwise be agreed with the MPA, no development concerning ground preparation works (namely soil stripping, vegetation removal, leat construction and placement of undertip drainage, or any Phase 14 tipping, shall be commenced until the existing highways (namely Stamps Hill and Public Footpaths) within the site are stopped up and diverted. The provisions of this

condition shall not apply to the demolition of buildings within the applicants control (subject to appropriate authority) not to works associated with the road construction. Notes Following Visit The existing highways and public footpaths have been stopped up and diverted.

Condition Number and Description

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Condition 6. Sequence of Works Road Closure

The road diversion indicated in red on Drawing No R1789/P/1 shall be constructed in accordance with the provisions of an appropriate Section 278 Legal Agreement. The design and construction of the new road in the vicinity of Trerice Bridge shall be in accordance with details to be agreed with the MPA in consultation with the County Surveyor and the Environment Agency. Notes Following Visit Completed.

Condition Number and Description Condition 7. Archaeological Issues

Except as may otherwise be agreed with the MPA, no development (including road construction works) shall take place within the site until the applicant has secured the implementation of a programmed of archaeological investigation and recording in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the MPA. The scheme shall provide for: a) the carrying out of archaeological recording of the boundaries that form the Medieval Field System PRN 27074. Each section cut and recorded shall be assessed for the potential of each component of the boundary to preserve palaeoenvironmental evidence and sampled accordingly. Each sample should then be assessed for the potential of pollen, macro pollen remains and for charred remains suitable for carbon 14 dating; b) the carrying out a controlled watching brief across the proposal area (details to be specified in the scheme). Topsoil shall be stripped under archaeological supervision until the tip of the subsoil is revealed. There shall be no vehicle movements in areas of cleared topsoil. Where archaeological features and sites are located, they shall be fenced off and inspected. Significant archaeological features and sites shall be fully excavated, recorded, assessed and published; and c) the implementation of a programme of archaeological recording in respect of sites PRN 27003 (Brickwork Stack) and PRN 27008 (Hit or Miss China Clay Pan Kiln and Linhay). The programme shall consist of field visit, scrub clearance, the making of a sketch and photographic survey and the production of a report together with provision for saving various bricks and building materials.

Notes Following Visit Completed.

Condition Number and Description Condition 8. Dust

Except as may otherwise be agreed with the MPA, no development including road construction shall take place until a scheme and programme of measures for the suppression of dust and monitoring of dust emissions has been submitted to and approved by the MPA in consultation with English Nature. The scheme shall include inter alia a) predevelopment baseline monitoring, the establishment of monitoring stations and reporting mechanisms and the provision of annual monitoring reports b) the suppression of dust caused by the moving and storage of soil and overburden, stone and

other materials within the site and c) dust suppression on haul roads. Such an approved scheme shall be implemented and complied with at all times.

Notes Following Visit The operator has acknowledged, in a letter dated 25th March 2009, that tipping within phase 1 of the Gaverigan Tip has been ongoing for some time although no record of the submission/approval of a suitable scheme, prior to commencement, can be traced. A dust monitoring scheme, dated March 2009, has been submitted and this is considered acceptable to the Mineral Planning Authority. The scheme requires monthly sampling and the submission of an annual monitoring report. The operator will submit annual monitoring reports.

Condition Number and Description Condition 9. Exclusion Zones

Except as may otherwise be agreed with the MPA, no ground preparation or tipping shall take place until the applicants have submitted to and had approved by the MPA a scheme of working for exclusion zones in the vicinity of neighbouring dwellings. The scheme shall provide for: a) the identification of the exclusion zones on a plan to a recognised scale; b) periods of working; and c) that during the period specified in 9b) that works shall only take place for a maximum of 4 hours in any working day and such working shall be restricted to the hours between 9.00am and 3.00pm on any working day. Notes Following Visit The perimeter drain and bund is complete around the Gaverigan Tip and the tipping operations are now progressing away from sensitive receptors. The need for these ‘exclusion zones’ in the vicinity of neighbouring dwellings should therefore be less essential.

Condition Number and Description Condition 10. Working Hours Road Construction

Except as may otherwise be agreed with the MPA, none of the operations associated with the road construction works shall be carried out except between the following times: between 7.30am and 7.00pm Monday to Friday between 7.30am and 4.00pm Saturdays There shall be no road construction works on Sundays, Bank Holidays or National Holidays unless otherwise agreed in writing by the MPA. Notes Following Visit Noted. Road construction now complete.

Condition Number and Description

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Condition 11. Working Hours Ground Preparation

Except as may otherwise be agreed with the MPA, none of the operations associated with the ground preparation stage (namely demolition of buildings, soil stripping, leat construction, vegetation removal and placement of undertip drainage) shall be undertaken except between the following times between 8.00am and 6.00pm Monday to Friday between 8.00am and 1.00pm Saturdays Notes Following Visit Noted. The operator is compliant with normal working hours. Under the shortened working hours

currently being implemented by Imerys the majority of tipping operations being undertaken at Gaverigan Tip occur on Wednesdays.

Condition Number and Description Condition 12. Hours of Working (Phases 1 to 4)

Except as may otherwise be agreed with the MPA, none of the operations associated with the construction of phases 1 to 4 shall be carried except between the following times: between 7.00 am to 7.00 pm Mondays to Fridays between 7.00 am to 1.00 pm on Saturdays There shall be no Sunday, Bank Holiday or National Holiday working except with the prior approval of the MPA. Notes Following Visit Compliant with normal tipping hours. No complaints have been received by the operator or the Mineral Planning Authority.

Condition Number and Description

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Condition 13. Noise

a) During the approved working hours for road construction operations as specified in Condition No 10, the equivalent continuous sound level (Leq) shall not exceed the following, measured at a point 2m above ground and 1m in front of facade(s) of any adjacent occupied building: i) 73 dB(A) twelve hour value of Leq; ii) 76 dB(A) six hour value of Leq (provided the six hours fall within the period 0800 to 1600 hours); iii) 79 dB(A) three hour value of Leq (provided the three hours fall within the period 0900 to 1300 hours); and iv) 88 dB(A) at any time (slow response). b) The noise level from the works when measured under free field conditions at a point 2m above the ground and 20m from the site boundary shall not exceed the following levels during normal working hours: i) 70 dB(A) twelve hour value of Leq; ii) 73 dB(A) six hour value of Leq (provided the six hours fall within the period 0800 to 1600 hours); iii) 76 dB(A) three hour value of Leq (provided the three hours fall within the period 0900 to 1300 hours); and iv) 85 dB(A) at any time (slow response). For (a) and (b) above, the limit of twelve hour value Leq shall always be met so that when the higher levels occur, the levels permitted throughout the remainder of the normal working hours will become progressively lower than the overall limit imposed. At the request of the MPA, the operators shall make arrangements for noise monitoring to demonstrate compliance with these noise levels. Notes Following Visit Noted. Road construction now complete.

Condition Number and Description

Condition 14. Noise Ground Preparation Phase Noise from the ground preparation works namely demolition of buildings, soil stripping, leat construction, vegetation removal and placement of undertip drainage shall not exceed 65 dB LAeq (1 hour) at the cartilage of any dwelling measured freefield at 2m above the ground. This maximum level of noise shall not continue for more than 5 weeks in any calendar year, and shall not take place outside of the hours specified in Condition No 11. At all other times, the works associated with ground preparation shall not exceed the noise limits set for the current operation development phase (See condition No 15). At the request of the MPA, the operators shall make arrangements for noise monitoring to demonstrate compliance with these noise levels. Notes Following Visit The operator advised that all site preparatory works, including soil stripping, vegetation removal and undertip drainage, have been completed.

Condition Number and Description

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Condition 15. Noise Operational Phase 4

The following noise limits shall apply to the specified phases of development: Notes Following Visit Noted. Operations continue within phase 1(b), although tipping operations are only undertaken one day a week (Wednesday) at this time.

Condition Number and Description Condition 16. Access and Routeing

Except as may otherwise be agreed with the MPA, there shall be no use of the public highway network for importation of materials to the site during the Phase 14 operational tipping works. All such vehicle movements shall be confined to internal haulage routes, in accordance with details to be agreed with the MPA. Notes Following Visit Ongoing and compliant. Materials are imported for tipping using only internal haulage routes.

Condition Number and Description Condition 17. Definition of waste to be tipped

No material shall be deposited on the approved tipping areas except for overburden, sand, stent (rock) and stained clay arising from Wheal Remfry Pit and shall only be delivered to the tip by the use of dump trucks unless otherwise agreed with the MPA. Notes Following Visit Noted. Only material from Wheal Remfry pit is tipped at this site.

Condition Number and Description Condition 18. Restriction of PD Rights

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no new building or fixed plant shall be erected on the site except with the prior approval of the MPA. Notes Following Visit The Permitted Development rights have been removed. No buildings or fixed plant have

consequently been developed at this site.

Condition Number and Description Condition 19. Amenity Protection

All practicable means shall be employed by the operators for preventing and minimising the creation of dust and noise during the approved use of the site. The word practicable and the phrase practicable means in these conditions shall have the meanings assigned to them in Section 79(9) of the Environmental Protection Act 1990, as defined below. The provisions of this condition shall include the installation and maintenance of effective silencers to manufacturers specification or above on all plant and machinery and the use of bowsers and sprays and wind breaks to minimise the creation of noise and dust respectively. Notes Following Visit Noise and dust control measures are in place. No complaints have been received from the operator or the Mineral Planning Authority in respect of dust emissions.

Condition Number and Description

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Condition 20. Water Protection

The subtip drains, perimeter leat and catchpit system to serve the tip shall be designed and constructed in accordance with details to be agreed with the MPA, in consultation with the Environment Agency and English Nature. All existing drainage leats and other drainage arrangements shall be maintained throughout the period of the approved use of the site extending throughout the period of aftercare referred ton in Condition No 33. Notes Following Visit Details of the subtip drains were provided to the Mineral Planning Authority by the operator with Drawing No.G/4/1/216 in a letter dated 25th March 2009. The drawing provides details of the water management scheme, as built, for Gaverigan Tip. The Mineral Planning Authority has confirmed, in a letter dated 25th September 2009, that the submitted details are acceptable and the drainage infrastructure must now be installed and maintained.

Condition Number and Description Condition 21. Water Protection

All silty/discoloured water arising as runoff from the stripped surface, the tipped material or from the access tracks shall be confined in settlement lagoons where necessary so as to remove gross solids prior to discharge to any watercourse. The location and design of such catchpits/lagoons shall be in accordance with details to be agreed with the MPA, in consultation with the Environment Agency and English Nature. Notes Following Visit Details of the subtip drains were provided to the Mineral Planning Authority by the operator with Drawing No.G/4/1/216 in a letter dated 25th March 2009. The drawing provides details of the water management scheme, including catch pits, as built, for Gaverigan Tip. The Mineral Planning Authority has confirmed, in a letter dated 25th September 2009, that the submitted details are acceptable and the drainage infrastructure must now be installed and maintained.

Condition Number and Description Condition 22. Water Protection

Oil, fuel, lubricant or chemical facilities shall be sited in bunded areas. The capacity of the bund shall be at least 10% greater than the capacity of the storage tank or, if more than one tank is involved, the capacity of the largest tank in the bunded area. Hydraulically linked tanks should be regarded as a single tank. There should be no working connections outside the bunded area. Notes Following Visit No oils/fuels are stored on this site.

Condition Number and Description Condition 23. Water Protection

Except as may otherwise be agreed with the MPA in consultation with the Environment Agency and English Nature, there shall be no tipping within 7m of the Site of Special Scientific Interest or any watercourse. The new highway surface water drainage system shall pass through adequately sized surface water oil interceptors in accordance with details to be agreed with the MPA in consultation with the Environment Agency and English Nature. Notes Following Visit The Site of Special Scientific Interest is on the opposite side of the new public highway. There is no tipping within 7m of the Site of Special Scientific Interest or watercourses.

Condition Number and Description

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Condition 24. Tip Slope Angles

Prior to the tipping of any china clay waste in the Phase 1 area, the applicants shall have submitted to and had approved by the MPA, final details of the sections/contour plans for those areas shown in the Environmental Statement as displaying slope angles exceeding 10 degrees. The plans shall provide for further slackening of the slope angles where appropriate to ensure sympathetic integration with the existing tips and landforms. Notes Following Visit Details of the slope angles in those areas of the site exceeding 100 were submitted by the operator to the Mineral Planning Authority under cover of a letter, dated 27th April 2009. The accompanying drawing (W/12/4/183) identifies the revised slope profiles and the operator has confirmed that the details shown on the revised design drawing are being achieved on site. The Mineral Planning Authority has confirmed, in a letter dated 13th May 2009, that these details are acceptable.

Condition Number and Description Condition 25. Soil stripping/storage

All available soils shall be stripped from the Phase 1 and 2 areas prior to any tipping of china clay waste, in accordance with the details supplied in the Environmental Statement. Topsoil and subsoil shall be stripped and be stored separately for subsequent reuse in restoration in accordance with details to be agreed with the MPA. Notes Following Visit Details of soil stripping and storage were submitted by Imerys Mineral Limited in a letter dated 25th March 2009. Details of some soil stockpiles are shown on Drawing G/4/1/216. The Mineral Planning Authority has confirmed, in a letter dated 25th September 2009, that these details are acceptable.

Condition Number and Description Condition 26. Limits on tipping of final levels

At no time shall the height of tipping (including any surcharging during tip construction) exceed the levels on the approved final contour level drawings except as may otherwise be agreed with the MPA. As the operation approaches final fill levels and in any case before the final grading of cover and before the spreading of restoration soils, the surface levels shall be checked by competent surveyors and their findings submitted to the MPA. Thereupon, markers shall be erected to indicate the approved final fill levels and approved restored surface levels. Notes Following Visit Additional topsoiling is taking place within this area. The operator is awaiting dry weather before recommencing the spreading of topsoil. Woodland planting will be undertaken during the 2010/11 planting season.

Condition Number and Description

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Condition 27. Retention of Vegetation

All existing trees/hedges/vegetation shall be retained unless scheduled on the approved drawings to be removed. All trees, hedges and associated vegetation on and immediately adjoining the site shall be protected from damage for the duration of the works on the site, and in the case of trees until at least 5 years following completion of the approved development. In the event that trees become damaged or otherwise affected during such period, the MPA shall be notified forthwith and a programme of remedial action shall be submitted for approval and thereafter implemented as approved. Any trees/hedges/vegetation removed without the authority of the MPA or which die or become, in the opinion of the MPA, seriously diseased or otherwise damaged as a result of the approved operations in the 5 years following completion of the approval development, shall be replaced as soon as is reasonably practicable and in any case not later than the end of the first available planting season, with trees/plants of such size, species and in such locations as may be approved by the MPA.

Notes Following Visit Compliant. No more vegetation is to be removed as the whole tipping area is now prepared.

Condition Number and Description Condition 28 Restoration/Planting

Except as may otherwise be agreed with the MPA, the site shall be progressively restored to amenity/agricultural use namely heathland, pasture, woodland and grass/scrub hydroseeding as shown on the approved plans, and detailed in the Environmental Statement, in accordance with a timescale to be agreed with the MPA. Restoration, planting and seeding shall take place in the first available seasons following the staged achievement of the final contours of the tip and the operators shall submit to the MPA for approval an annual restoration monitoring report in accordance with details to be agreed with the MPA to demonstrate compliance with the condition. Notes Following Visit The operator advised that restoration planting takes place each season. The first restoration report, covering all restoration works undertaken on the Gaverigan Tip, was submitted by Imerys Minerals (UK) Limited to the Mineral Planning Authority in January 2010. Future reports will now be submitted annually. The Mineral Planning Authority should now acknowledge that the areas of tree planting have now entered their five year aftercare period.

Condition Number and Description Condition 29. Restoration/Planting

Except as may otherwise be agreed with the MPA, within 3 months from the date of this permission, the operators shall have submitted to and had approved by the MPA, a scheme for tree planting/creation of heathland habitat in those areas not directly affected by the tip footprint/road diversion line or associated ground preparation works. Such planting shall take place in the first season following the date of this permission unless otherwise agreed. Notes Following Visit The tree planting/creation of heathland habitat scheme was submitted to the Mineral Planning Authority on 26th February 1999.

Condition Number and Description Condition 30. Restoration/Planting

The final restoration of Wheal Remfry Pit shall include provision for the retention of selected exposes of the hydraulic breccia within a safeguarded viewing/demonstration area in accordance with details and a timescale to be agreed with the MPA. Notes Following Visit Noted. Site operations are some years away from facilitating this although the operator is aware of the significance of the exposed breccia. Provision for retention of the breccia, together with a viewing/demonstration area may be best advanced through the Review of Mineral Planning Permissions process.

Condition Number and Description

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Condition 31 Restoration/Planting

In the event of a cessation of winning and working of minerals at Wheal Remfry, prior to the achievement of the completion of the approved restoration scheme which, in the opinion of the MPA, constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme to include details of reclamation and aftercare shall be submitted in writing for approval to the MPA within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed with the MPA. Notes Following Visit This is a post dated condition and, given that the winning and working of minerals at Wheal Remfry is currently active, is not actionable at this time.

Condition Number and Description Condition 32 Phasing of planting/Restoration

The approved scheme of landscaping/restoration shall be carried out in the first available planting season following completion of each phase and shall be so maintained thereafter. Within five years of planting, any trees, shrubs or other plants that die, become diseased, removed or damaged, shall be replaced in the first available planting season with others of a similar size, and species in accordance with the details of the approved scheme unless otherwise agreed with the MPA. Notes Following Visit Noted. Some landscape planting has already been undertaken and this now requires maintenance and management.

Condition Number and Description Condition 33 Aftercare

Except as may otherwise be agreed with the MPA, the applicants shall undertake the aftercare scheme submitted as part of the Environmental Statement. The aftercare arrangements shall be in force for a period of 5 years from the date of completion of restoration of the whole site, the date of which shall be notified to the MPA. Notes Following Visit The operator advised that restoration planting takes place each season. The first restoration report, covering all restoration works undertaken on the Gaverigan Tip, was submitted by Imerys Minerals (UK) Limited to the Mineral Planning Authority in January 2010. Future reports will now be submitted annually. The Mineral Planning Authority should now acknowledge that the areas of tree planting have now entered their five year aftercare period.

3. Compliance with Planning Conditions CC/R/03/00808 (R27(13)) Construction of a surface tip for the disposal of china clay wastes (sand & stent) and ancillary developments. (This is a new application proposing a revised tipping scheme to that proposed in the initial application dated 25/1/02 – R27(9)). The site is known as Scarcewater Tip. 03/00056/MNENV dated 15/07/2003

Condition Number and Description Condition 1

The development hereby approved shall be begun not later than the expiration of 5 years beginning with the date of this permission. Notes Following Visit The planning permission has been implemented.

Condition Number and Description

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Condition 2

The development hereby approved shall have ceased by 31 July 2018. On or before This date, unless otherwise agreed in writing by the Mineral Planning Authority (MPA), all of the operations and uses authorised by this permission shall have ceased and the site shall have been restored in accordance with the further conditions below. Notes Following Visit Noted. Development is to cease in 2018.

Condition Number and Description Condition 3

This planning permission shall only relate to the site edged red on Drawing No. SCR 22 hereafter referred to as the site and the development hereby permitted shall only be carried out within the site in accordance with the details set out in the submitted application form dated 3/2/03, applicants Environmental Statement (Revised Scheme dated February 2003) and submitted plans with particular reference to Drawing Nos. SCR 21, 22, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 310 (i.e. the tip development/restoration plans), except as where modified by other conditions below or as may otherwise be agreed in writing by the MPA. Notes Following Visit The operator requested, in a letter dated 9th February 2009, that the three breaks in the slope of the overall finished tip profile, at elevations of 115m, 135m and 165m should have a slight gradient of 1:120 to facilitate surface water drainage. Details of the proposed amendment were shown on the submitted Drawing W/6/4/225. The Mineral Planning Authority responded, in a letter dated 25th September 2009, that the proposed amendments were acceptable.

Condition Number and Description Condition 4. Matters for agreement prior to the commencement of the development.

Unless otherwise agreed in writing by the MPA, no development including temporary operations, i.e. vegetation clearance, soil stripping, installation of sub tip drainage, leat/catchpit construction and placement of the outer berms, landscaping/restoration works (final treatment of profiled slopes, tree planting, hedge construction, heathland creation etc), shall be commenced within the site until the applicants have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) and recording to be agreed in writing by the MPA. For the avoidance of doubt, unless otherwise agreed in writing by the MPA, the scheme shall provide for: (i) full excavation and recording of archaeological features within the application area

(ii) appropriate scientific and environmental sampling and dating strategy (iii) production of archive report and archive (iv) production of popular booklet and programme of public/community involvement (v) production of assessment report (vi) production of revised research design and proposals for analysis (vii) production of final publication report (to include analysis of field evaluation). In addition the WSI should address the following: research questions timetable fieldwork, post fieldwork and publication curatorial monitoring Cvs and qualifications of Project manager and team members including specialists.

Notes Following Visit A Written Scheme of Investigation (WSI) dated 21st August 2003 met the requirements of the then County Archaeological Unit of the County Council. The County Council confirmed, within a letter dated 18th December 2003 that the requirements of condition 4 were satisfied subject to the scheme subsequently being implemented. An addendum, dated April 2005, was later received which proposed a number of amendments to the WSI. The County Council confirmed, on 29th July 2005, that this was satisfactory.

Condition Number and Description Condition 5. Matters for agreement prior to the commencement of the development.

Unless otherwise agreed in writing by the MPA, no development including the temporary operations (defined in condition no. 4) shall commence within the site until a scheme for the provision of a sustainable drainage system for the disposal of surface water has been submitted to and been approved in writing by the MPA. The drainage works shall be completed in accordance with the details and timetable agreed. The drainage measures will ensure that the rates of discharges to the Little Hewas and Menna and to the stream running to Tresweeta and the Fal are all maintained as in the undeveloped site. A Quality Control Procedure shall be agreed and maintained that ensures that the agreed drainage system is installed and maintained. Notes Following Visit A scheme was submitted by SLR consultants on behalf of Imerys Minerals Limited and this was forwarded to the Environment Agency on 12th November 2003. The Environment Agency responded, letter dated 12th December 2003, where they set out a number of points, i to iv, for consideration in regard to the detailed design. In view of this the County Council advised Imerys Minerals Limited, in a letter dated 18th December 2003 that the provisions of this condition had been satisfactorily addressed.

Condition Number and Description

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Condition 6. Matters for agreement prior to the commencement of the development.

Unless otherwise agreed in writing by the MPA, no development including the temporary operations (defined in condition no. 4) shall be commenced within the site until the applicants have submitted to and had approved in writing by the MPA a scheme and programme of measures for the suppression of dust and monitoring of dust emissions. The scheme shall include inter alia: (a) predevelopment baseline monitoring, the establishment of monitoring stations and reporting mechanisms and the provision of annual monitoring reports; (b) the suppression of dust caused by the moving and storage of soil, overburden, sand and stent within the site; (c) dust suppression on haul roads.

The scheme shall be implemented in accordance with the approved details. Notes Following Visit On 13th May 2009 the operator submitted copies of the dust monitoring reports for 2006 and 2007. Due to adverse wet weather conditions during the summer of 2008 it was not possible to undertake monitoring and no report is therefore available for 2008. The operator has advised that a programme of dust monitoring was in place for the months of May / June 2009 and a copy of this report should have been forwarded to the Mineral Planning Authority. The Mineral Planning Authority will confirm whether such a report was received.

Condition Number and Description

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t area

Condition 7. Matters requiring resolution prior to disturbance to Definitive Public Footpaths in the developmen

No works shall take place within the approved Phase 1 and 2 development areas shown on Drawing Nos SCR 31 and 32 that would obstruct or interfere with the line of either of the Public Rights of Way (Footpaths 89 and 91 St Stephen) until an appropriate Order(s) under Section 257 of the Town and Country Planning Act 1990 has/have been confirmed and come into effect. There shall be no removal of any hedgerows abutting either of the said Public Rights of Way within the approved Phase 1 and 2 development areas until the said Order(s) under the 1990 Act has/have come into effect. If the said Order(s) under the 1990 Act does not/do not come into effect then any land in the Phase 1 and 2 development areas on which works have been carried out shall be reinstated to its condition prior to the commencement of development. Unless otherwise agreed in writing with the MPA, all such reinstatement works shall be completed within 12 months of the date of notification of nonconfirmation of the said Order(s).

Notes Following Visit An order was made under s.257 of the Town and Country Planning Act 1990 to divert lengths of Footpath Nos. 89 and 91 St Stephen in Brannel on to a new line so that Scarcewater Tip could be extended. This process was completed when the County of Cornwall (Footpath Nos. 89 and 91 St Stephen in Brannel) Public Path Diversion Order 2004 was confirmed on 27th July 2005 and certified on 19th December, 2005. By way of clarification, to 'divert' effectively means to extinguish an existing line of footpath and recreate it along a new line. That part of the process is therefore now complete and the requirements of the condition have been met. The above diversion, when completed, left redundant lengths of footpaths associated with Footpath No.13 Ladock and Footpath No. 91 St Stephen in Brannel. These redundant lengths could not be included in the diversion order since they lay outside the area covered by the planning permission. This matter was confirmed with the operator by the Mineral Planning Authority, in a letter dated 26th June 2009, and this condition is now discharged.

Condition Number and Description Condition 8. Hours of working (temporary operations)

Unless otherwise agreed in writing by the MPA no temporary operations associated with the development of the site (as defined in condition no. 4) shall take place except between the following times: between 0800 and 1800 hours Mondays to Fridays between 0800 and 1300 hours on Saturdays. There shall be no temporary operations on Sundays, Bank or Public Holidays. Notes Following Visit

Noted.

Condition Number and Description Condition 9. Hours of working (general waste deposition)

Unless otherwise agreed in writing by the MPA, no operations associated with tipping of china clay wastes, shall take place except between the following times: between 0700 and 1900 hours Mondays to Fridays between 0700 and 1300 hours on Saturdays. There shall be no deposit of wastes at the site on Sundays, Bank or Public Holidays. Notes Following Visit Noted. Standard tipping hours are utilised.

Condition Number and Description Condition 10. Hours of working (general waste deposition)

Unless otherwise agreed in writing with the MPA, the noise levels arising from temporary operations (defined in condition no. 4) between the hours of 0800 and 1800 hours Monday to Friday and between 0800 and 1300 hours on Saturdays should not exceed the levels given in Columns 1, 2, 3 and 4 in Table 10/4 respectively as measured at the relevant noise sensitive property Nos 16 inclusive. At no time shall the cumulative noise levels from the temporary works exceed the levels identified in Column 6 of Table 10/4 as measured at the relevant noise sensitive property shown thereon. Notes Following Visit Operations are not being undertaken near sensitive properties at this time. Operations are likely to be undertaken in these areas in summer 2011 and at this time the condition will be more relevant.

Condition Number and Description Condition 11. Noise limits (temporary operations)

Unless otherwise agreed in writing with the MPA, the operators shall ensure that temporary operations (defined in condition no. 4) that cause noise at the site to be elevated above 55 dB at any residential property do not exceed 8 weeks in duration in any calendar year. The operators shall maintain records of temporary operations, and provide noise monitoring data to show compliance with this condition at the request of the MPA. Notes Following Visit Noted. Noise monitoring data will be provided upon request by the Mineral Planning Authority.

Condition Number and Description

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Condition 12. Noise limits (tipping of china clay waste)

Unless otherwise agreed in writing by the MPA, the noise levels associated with the tipping of china clay waste (excluding defined temporary operations) between the hours of 0700 and 1900 hours Mondays to Fridays and between 0700 and 1300 hours on Saturdays shall not exceed the levels given in Column 5 of Table 10/4 as measured at the relevant noise sensitive property Nos 1-6 inclusive. [All of the abovementioned noise levels shall be dB LAeq (1 hour) measured freefield at the curtilage of any dwelling at a height of 2 metres above ground]. Notes Following Visit Noted.

Condition Number and Description

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Condition 13. Noise limits (tipping of china clay waste)

The operators shall be responsible for self monitoring of noise levels to demonstrate if required by the MPA that noise levels do not exceed those specified above. Notes Following Visit Following a request from the County Council, dated 11th October 2006, a noise monitoring report, undertaken on 19th October 2006 was submitted by Imerys Minerals Limited under cover of a letter dated 11th January 2007.

Condition Number and Description Condition 14. Noise limits (tipping of china clay waste)

Unless otherwise agreed in writing by the MPA, no plant or vehicles that are fitted with operational reversing bleepers shall be used during the construction/restoration of the tip. Alternative mechanisms shall be used to ensure that plant and vehicles can comply with health and safety legislation. Notes Following Visit In accordance with the condition operational reversing bleepers are not used by plant operating on this site.

Condition Number and Description Condition 15. Access and routeing

There shall be no use of the public highway network for importation of materials to the site. All such vehicle movements shall be confined to use of internal haul roads as indicated on the approved phasing plans. Notes Following Visit In accordance with the condition the public highway is not used to transport material to the site.

Condition Number and Description Condition 16. Definition of waste material to be tipped

No material shall be deposited on the approved tipping area except for china clay wastes (excluding micaceous residues) arising from Melbur and Virginia China Clay Pits, unless otherwise agreed in writing by the MPA. Notes Following Visit In accordance with the condition only material that has originated at Melbur Pit and Virginia Pit is deposited at this site.

Condition Number and Description Condition 17. Restriction of permitted development rights

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no new building or fixed plant shall be erected on the site unless otherwise approved in writing by the MPA. Notes Following Visit The Permitted Development rights have been removed. No buildings or fixed plant have consequently been developed at this site.

Condition Number and Description Condition 18. Amenity Protection (General)

All practicable means shall be employed by the operators for preventing and minimising the creation of dust and noise during the approved use of the site. The provisions of this condition shall include the installation and maintenance of effective silencers to manufacturer’s specification or above on all plant and machinery and the use of bowsers, sprays and wind breaks to minimise the creation of noise and dust respectively. Notes Following Visit A complaint has recently been received by Imerys Minerals (UK) Limited regarding dust being generated in respect of activities on Scarcewater Tip, a bowser was dispatched and no further complaints have been received.

Condition Number and Description Condition 19. Water protection

Unless otherwise agreed in writing with the MPA, the sub tip drains, perimeter leat and catchpit system to serve the tip shall be developed and maintained in accordance with the details shown on approved phasing plans. Notes Following Visit The operator requested, in a letter dated 9th February 2009, that the three breaks in the slope of the overall finished tip profile, at elevations of 115m, 135m and 165m should have a slight gradient of 1:120 to facilitate surface water drainage. Details of the proposed amendment were shown on the submitted Drawing W/6/4/225. The Mineral Planning Authority responded, in a letter dated 25th September 2009, that the proposed amendments were acceptable.

Condition Number and Description

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Condition 20. Water protection

All silty/discoloured water arising as runoff from the stripped surface, the tipped material or from the access tracks shall be confined in settlement lagoons where necessary so as to remove gross solids prior to discharge to any watercourse. The location and design of such catchpits/lagoons shall be in accordance with the approved plans unless otherwise agreed in writing by the MPA.

Notes Following Visit A further catchpit is to be installed along the southern boundary of the Scarcewater Tip. The Mineral Planning Authority has requested that this catchpit is constructed to a natural shape, with varying slope profiles, in order that it may become a natural landscape feature.

Condition Number and Description Condition 21. Water protection

Oil, fuel, lubricant or chemical facilities shall be sited in bunded areas. The capacity of the bund shall be at least 100% greater than the capacity of the storage tank or, if more than one tank is involved, the capacity of the largest tank in the bunded area. Hydraulically linked tanks should be regarded as a single tank. There should be no working connections outside the bunded area. Notes Following Visit No oils/fuels are stored on this site.

Condition Number and Description Condition 22. Protection of ecological interests

The operators shall adopt in full the ecological mitigation measures set out in Section 9.7 Chapter 9 of the Environmental Statement. The operators shall ensure that an ecological watching brief during the tip construction phase (including addressing reptile interests) is undertaken in areas RT5, RT10 and S5 shown on Habitat Plan Drawing No. SCR 91 and the results shall be provided in a written report in accordance with details to be agreed in writing with the MPA.

Notes Following Visit These relevant sites RT5, RT10 and S5 are some distance from current operational areas and will not be operational during 2009.

Condition Number and Description Condition 23. Protection of ecological interests

Unless otherwise agreed in writing by the MPA, there shall be no vegetation clearance works during the bird nesting season. Notes Following Visit The operator is aware of the requirements of this condition and no vegetation is cleared during the bird nesting season. No vegetation clearance is currently planned to take place during 2010.

Condition Number and Description

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Condition 24. Soil stripping/storage

All available soils shall be stripped from the Phase 1 and 2 areas prior to any tipping of china clay waste, in accordance with the details supplied in the Environmental Statement. Topsoil and subsoil shall be stripped and be stored separately for subsequent reuse in restoration in accordance with details to be agreed with the MPA.

Notes Following Visit The operator has submitted a drawing (G/4/1/217), dated May 2009, detailing the location of the storage mound in respect of topsoil stripped from phase 1. The operator has also confirmed that: this part of the tip will not be disturbed until much later in the phased development approximately 142,000 m3 of soils were removed from the Phase 1 tipping area using a fleet of small articulated dumptrucks and hydraulic excavators topsoil and subsoil varied in depth from 20cm to 60cm, it was often difficult to differentiate between the two soil types the majority of the volume removed was topsoil and has been stored in the mound very little subsoils could be identified as suitable for re use due to the large stone content the stockpile height ranges from 0 5m phase 2 soils will be placed onto completed areas of phase 1 tipping a programme to control invasive species is operated, this includes removal of ragwort and docks as necessary.

Condition Number and Description Condition 25. Retention of vegetation

All existing trees/hedges/vegetation shall be retained unless scheduled on the approved drawings for removal. All trees, hedges and associated vegetation on and immediately adjoining the site shall be protected from damage for the duration of the works on the site, and in the case of trees until at least 5 years following completion of the approved development. In the event that any trees become damaged or otherwise affected during such period, the MPA shall be notified forthwith and a programme of remedial action shall be submitted for written approval and thereafter implemented as approved. Any trees/hedges/vegetation removed without the authority of the MPA or which die or

become, in the opinion of the MPA, seriously diseased or otherwise damaged as a result of the approved operations in the 5 years following completion of the approved development, shall be replaced as soon as is reasonably practicable and in any case not later than the end of the first available planting season, with trees/plants of such size, species and in such locations as may be approved by the MPA.

Notes Following Visit No relevant trees have been damaged as a result of tipping operations.

Condition Number and Description

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Condition 26. Limits on tipping of final levels

At no time shall the height of tipping (including any surcharging during tip construction) exceed the levels on the approved final contour level shown on Drawing No. SCR 35, except as may otherwise be agreed in writing with the MPA. As the operation approaches final fill levels and in any case before the final grading of cover and before the spreading of restoration soils, the surface levels shall be checked by competent surveyors and their findings shall be submitted to the MPA. Thereupon, markers shall be erected to indicate the approved final fill levels and approved restored surface levels. Notes Following Visit Some areas of the Scarcewater Tip are currently being profiled in preparation for topsoiling. Imerys Minerals (UK) Limited will submit a drawing, showing surface levels, to the Mineral Planning Authority prior to the area being topsoiled

Condition Number and Description Condition 27. Hedge creation

All new Cornish hedges shall be constructed in accordance with details to be agreed in writing with the MPA. These details shall include height, width, construction materials and planting. All hedges constructed shall be maintained. Notes Following Visit The specification for Cornish style hedgerows needs to be prepared by Imerys Minerals (UK) Limited and agreed with the Minerals Planning Authority. While it is likely to be 2011 before any new Cornish style hedgerows are created on the restored Scarcewater Tip the specification for these hedgerows should be agreed with the Mineral planning Authority well in advance of these works. Imerys Minerals (UK) Limited are preparing various specifications for hedge styles and will formally submit these details, and a plan showing where each different hedge specification would be utilised. The topsoil would be removed from below the hedge and hedgelines would, where appropriate, be used as drainage interceptors across contours.

Condition Number and Description Condition 28. Advance planting

Unless otherwise agreed in writing by the MPA, the operators shall complete in full the areas identified for advance planting on Drawing Nos. SCR 31 and 32 in the first planting season following the commencement of the temporary operations to develop the site. The planting shall be in accordance with a detailed scheme that shall have been submitted to and been approved in writing by the MPA. The scheme shall detail sizes, species, spacing, ground preparation, provision of fencing and a programme of aftercare. Notes Following Visit The operator confirmed that all of the advance planting shown on Drawing No. W/6/4/221 has been implemented and the respective areas have therefore now entered their five year aftercare.

Condition Number and Description

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Condition 29. Restoration

Unless otherwise agreed in writing with the MPA, the site shall be progressively restored to amenity/agricultural use, namely heathland, pasture, woodland and grass/scrub hydroseeding as shown on Drawing No. SCR 310 and detailed in the Environmental Statement, in accordance with a detailed planting schedule and within a timescale to be agreed in writing with the MPA. Restoration, planting and seeding shall take place in the first available season following the staged achievement of the final contours of the tip and the operators shall submit to the MPA for written approval an annual restoration monitoring report in accordance with details to be agreed in writing with the MPA to demonstrate compliance with this condition. Within five years of planting, any trees, shrubs or other plants that die, become diseased, removed or damaged, shall be replaced in the first available planting season with others of a similar size, and species in accordance with the details of the approved scheme unless otherwise agreed in writing with the MPA.

Notes Following Visit The operator advised that restoration planting takes place each season. The first restoration report, covering all restoration works undertaken on the Scarcewater Tip, was submitted by Imerys Minerals (UK) Limited to the Mineral Planning Authority in January 2010. Future reports will now be submitted annually. The Mineral Planning Authority should now acknowledge that the areas of tree planting have now entered their five year aftercare period.

Condition Number and Description Condition 30. Restoration

In the event of a cessation of winning and working of minerals at Melbur and Virginia Pits, prior to the achievement of the completion of the approved restoration scheme which, in the opinion of the MPA, constitutes a permanent cessation within the terms of paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a revised scheme to include details of reclamation and aftercare shall be submitted to the MPA for written approval within 12 months of the cessation of winning and working. The approved revised scheme shall be fully implemented within 2 years of the written approval unless otherwise agreed in writing with the MPA. Notes Following Visit The operator advised that restoration planting takes place each season. The first restoration report, covering all restoration works undertaken on the Scarcewater Tip, was submitted by Imerys Minerals (UK) Limited to the Mineral Planning Authority in January 2010. Future reports will now be submitted annually. The Mineral Planning Authority should now acknowledge that the areas of tree planting have now entered their five year aftercare period.

Condition Number and Description Condition 31. Restoration

During the operation of the site and the aftercare period referred to below, noxious weeds in particular Ragwort and Japanese Knotweed shall not be allowed to colonise the site. Recognised control measures shall be implemented as soon as is practicable following initial infestation until clearance has been achieved. Notes Following Visit Ragwort is controlled by pulling. Japanese Knotweed is not present on this site.

Condition Number and Description Condition 32. Aftercare

Unless otherwise agreed in writing by the MPA

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(i) Aftercare schemes requiring such steps as may be necessary to bring the land to the required standard for use for amenity/woodland/agriculture shall be submitted to the MPA for written approval not later than the expiration of 12 months from the date of this permission. (ii) The submitted schemes shall specify the steps to be taken and the periods during which they are to be taken. Such steps shall be carried out for a minimum period of 5 years following the completion of the operations required to comply with subcondition (i) above. (iii) Subject to subcondition (iv) below, aftercare of the land which is the subject of this permission shall be carried out in accordance with the aftercare scheme as approved in writing by the MPA. (iv) Where the MPA agrees in writing with the person or persons responsible for undertaking the aftercare steps, and there shall be lesser steps, or a different timing between steps, the aftercare shall be carried out in accordance with that agreement.

Notes Following Visit The operator advised that restoration planting takes place each season. The first restoration report, covering all restoration works undertaken on the Scarcewater Tip, was submitted by Imerys Minerals (UK) Limited to the Mineral Planning Authority in January 2010. Future reports will now be submitted annually. The Mineral Planning Authority should now acknowledge that the areas of tree planting have now entered their five year aftercare period.

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4. Legal Agreements None 5. Comments None 6. Noise Monitoring Results None 7. Blast Monitoring Results None 8. Dust Monitoring Results None 9. Other Matters None 10. Issues to be Addressed Issues to be addressed by MPA R10.Env 97/00965 Review of Mineral Planning Permissions 08/00418/PROMP dated 10/02/1998

Designated Officer Details

• Condition 19. Determine the acceptability of the submitted Archaeological Code of Practise.

Issues to be addressed by Operator R10.Env 97/00965 Review of Mineral Planning Permissions 08/00418/PROMP dated 10/02/1998 • None at this visit Issues to be addressed by MPA 5005/C dated 22/02/1954

Designated Officer Details

• None at this visit Issues to be addressed by Operator 5005/C dated 22/02/1954 • None at this visit Issues to be addressed by MPA 8745/C dated 20/05/1957

Designated Officer Details

• None at this visit Issues to be addressed by Operator 8745/C dated 20/05/1957 • None at this visit Issues to be addressed by MPA 22637/CS R10.ENV/OA1 Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00127/PMIN dated 16/12/1963

Designated Officer Details

• None at this visit Issues to be addressed by Operator

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22637/CS R10.ENV/OA1 Mining operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00127/PMIN dated 16/12/1963 • None at this visit Issues to be addressed by MPA 26963/C dated 29/03/1965

Designated Officer Details

• None at this visit Issues to be addressed by Operator 26963/C dated 29/03/1965 • None at this visit Issues to be addressed by MPA 2974/C Operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00128/PMIN dated 29/03/1965

Designated Officer Details

• None at this visit Issues to be addressed by Operator 2974/C Operations in connection with the winning and working of china clay, china stone, mica, sand and allied minerals 09/00128/PMIN dated 29/03/1965 • None at this visit Issues to be addressed by MPA 26975/C Mining operations in connection with the winning and working of china clay 09/00131/PMIN dated 29/03/1965

Designated Officer Details

• None at this visit Issues to be addressed by Operator 26975/C Mining operations in connection with the winning and working of china clay 09/00131/PMIN dated 29/03/1965 • None at this visit Issues to be addressed by MPA C/SAR/74/52914 Winning and working of minerals (stone) 74/00002/MIN dated 15/08/1974

Designated Officer Details

• None at this visit Issues to be addressed by Operator C/SAR/74/52914 Winning and working of minerals (stone) 74/00002/MIN dated 15/08/1974 • None at this visit Issues to be addressed by MPA 4/75/0542/SST Winning and working of china clay 75/00130/MIN dated 13/06/1975

Designated Officer Details

Page 60 of 63

• None at this visit Issues to be addressed by Operator 4/75/0542/SST Winning and working of china clay 75/00130/MIN dated 13/06/1975 • None at this visit Issues to be addressed by MPA 4/75/1303/SEN/SCO Tipping of waste from china clay workings 75/00001/MIN dated 15/04/1976

Designated Officer Details

• None at this visit Issues to be addressed by Operator 4/75/1303/SEN/SCO Tipping of waste from china clay workings 75/00001/MIN dated 15/04/1976 • None at this visit Issues to be addressed by MPA 4/77/1004/9--/SDE dated 31/01/1978

Designated Officer Details

• None at this visit Issues to be addressed by Operator 4/77/1004/9--/SDE dated 31/01/1978 • None at this visit Issues to be addressed by MPA 3/15/78/01390/F Tipping of sand from China Clay Working 78/00003/MIN dated 01/02/1979

Designated Officer Details

• None at this visit Issues to be addressed by Operator 3/15/78/01390/F Tipping of sand from China Clay Working 78/00003/MIN dated 01/02/1979 • None at this visit Issues to be addressed by MPA 4/78/1094/SEN Tipping of sand from China Clay Workings 78/00005/MIN dated 01/02/1979

Designated Officer Details

• None at this visit Issues to be addressed by Operator 4/78/1094/SEN Tipping of sand from China Clay Workings 78/00005/MIN dated 01/02/1979 • None at this visit Issues to be addressed by MPA 4/06/81/00600 Tipping of waste from China Clay workings 09/00132/PMIN dated 30/07/1981

Designated Officer Details

• None at this visit

Page 61 of 63

Issues to be addressed by Operator 4/06/81/00600 Tipping of waste from China Clay workings 09/00132/PMIN dated 30/07/1981 • None at this visit Issues to be addressed by MPA 3/15/82/01131 Tipping of sand from China Clay Workings 82/00003/MIN dated 26/11/1982

Designated Officer Details

• None at this visit Issues to be addressed by Operator 3/15/82/01131 Tipping of sand from China Clay Workings 82/00003/MIN dated 26/11/1982 • None at this visit Issues to be addressed by MPA 4/06/18/82/00511 Tipping of sand from China Clay Workings 82/00004/MIN dated 26/11/1982

Designated Officer Details

• None at this visit Issues to be addressed by Operator 4/06/18/82/00511 Tipping of sand from China Clay Workings 82/00004/MIN dated 26/11/1982 • None at this visit Issues to be addressed by MPA 86/05/00951/F Winning and working of china clay 86/00003/MIN dated 08/12/1986

Designated Officer Details

• None at this visit Issues to be addressed by Operator 86/05/00951/F Winning and working of china clay 86/00003/MIN dated 08/12/1986 • None at this visit Issues to be addressed by MPA 86/18/00952/F Winning and working of china clay 86/00002/MIN dated 08/12/1986

Designated Officer Details

• None at this visit Issues to be addressed by Operator 86/18/00952/F Winning and working of china clay 86/00002/MIN dated 08/12/1986 • None at this visit Issues to be addressed by MPA 95/739 R26(9) Winning and working of china clay and allied minerals 95/00029/MIN dated 08/08/1995

Designated Officer Details

Page 62 of 63

• None at this visit

Issues to be addressed by Operator 95/739 R26(9) Winning and working of china clay and allied minerals 95/00029/MIN dated 08/08/1995 • None at this visit

Issues to be addressed by MPA 95/1138 (R27(7)) dated12/03/1996

Designated Officer Details

• None at this visit

Issues to be addressed by Operator 95/1138 (R27(7)) dated12/03/1996 • None at this visit

Issues to be addressed by MPA 97/253 (R181(5)) Construction of a tip for the disposal of china clay waste materials 97/00001/MIN dated 03/04/1997

Designated Officer Details

• Condition 28 Restoration/PlantingThe operator submitted a plan at the end of 2009 showing the works undertaken to date. The Mineral Planning Authority shall acknowledge receipt of this report and confirm that planted areas have now entered their five year aftercare period.

Adrian Lea 01872 322314

Issues to be addressed by Operator 97/253 (R181(5)) Construction of a tip for the disposal of china clay waste materials 97/00001/MIN dated 03/04/1997

Issues to be addressed by MPA CC/R/03/00808 (R27(13)) Construction of a surface tip for the disposal of china clay wastes (sand & stent) and ancillary developments 03/00056/MNENV dated 15/07/2003

Designated Officer Details

• Condition 6 Dust monitoring schemeThe Mineral Planning Authority shall confirm whether or not a copy of the dust monitoring report for May/June 2009 has been received. • Condition 29 RestorationThe operator submitted a plan at the end of 2009 showing the works undertaken to date. The Mineral Planning Authority shall acknowledge receipt of this report and confirm that planted areas have now entered their five year aftercare period.

• Condition 32. Aftercare

Adrian Lea 01872 322314

Adrian Lea 01872 322314

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The operator submitted a plan at the end of 2009 showing the works undertaken to date. The Mineral Planning Authority shall acknowledge receipt of this report and confirm that planted areas have now entered their five year aftercare period.

Adrian Lea 01872 322314

Issues to be addressed by Operator CC/R/03/00808 (R27(13)) Construction of a surface tip for the disposal of china clay wastes (sand & stent) and ancillary developments 03/00056/MNENV dated 15/07/2003 • Condition 27 Hedge creationThe specification for Cornish style hedgerow needs to be prepared by Imerys Minerals Limited and agreed with the Mineral Planning Authority. This should be undertaken well in advance of any such hedgerows being constructed.

11. Summary

The Fal Operational Area, covering approximately 729ha, is an active mineral site within the St Austell China Clay Area operated by Imerys Minerals Limited. The extraction of china clay takes place within the Wheal Remfry, Melbur and Virginia Pits with some secondary aggregate being supplied to the Melbur Blockworks, operated by Aggregate Industries UK Ltd, and large quantities of mineral waste being deposited on the surface tips of Gaverigan and Scarcewater. The site remains busy, with ongoing extraction, disposal and restoration operations.