1. |
The permission hereby granted shall be for a limited period only and shall cease to have effect on 1 October 2044 (the 'cessation date') by which time and prior to that cessation date, the application site (both excavation and processing areas) shall be cleared of all development approved or involved in implementing the terms of the permission hereby granted (including all mobile plant and machinery, any ancillary works, infrastructure, fixtures and fittings, etc.), and the site shall be re-instated in accordance with a restoration and aftercare scheme which shall previously have been submitted to and approved in writing by the Council, as Planning Authority (see Condition 12 below).
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Reason: To ensure an acceptable form of development enabling the development to progress in accordance with the applicant's submitted particulars to allow for full extraction of available resources and site restoration thereafter, and to retain control over the use of the site and enable further consideration to be given to the operations, effects and impact of the use upon the amenity, character and appearance of the site and surrounding area together with securing removal of all site infrastructure used in the extraction process prior to embarking upon the restoration of the site.
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2. |
Except where otherwise provided for, or agreed and/or amended by the terms of this permission, the applicant/developer shall operate the development in accordance with the provisions of the application, the Environmental Impact Assessment Report (EIA Report) and the plans hereby approved including:
a) the extraction of cobbles, pebbles and sand within the proposed extraction area at Inchbroom Road, and the processing of the extracted material (screening and sorting) within the processing area at Caysbriggs quarry;
b) the extraction of not more than 40,000 tonnes of cobbles, pebbles and sand (combined) annually or extraction operations to take place on not more than 60 days per year (whichever is the greater), with the operator to maintain records of daily output/production from the extraction area, which shall be made available to the Council, as Planning Authority at any time on request;
c) in terms of the development of the site (Chapter 3 of EIA Report refers), extraction and restoration of the site shall be undertaken progressively across the site (Phases 1 – 11 in that order) in accordance with all elements associated with the phasing and woodland replanting details as identified on drawing nos. C165-00038-04, 05 and 06; including the incorporation and provision of a protective margin/retained tree buffer around the site, additional tree planting along the north/northeastern/western (part) boundaries and construction of a 2m high screen bund along the northern/western (part) perimeter of the site as shown, and all elements shall be implemented prior to commencement of extraction operations and maintained in situ for the duration of all phases of extraction operations;
d) the adoption and commitment to implement all proposed and required mitigation measures as identified in the EIA Report (and summarised in Table 14.1, Volume 1 contained therein);
e) no extraction until soils (top and sub-soil) have been stripped to their full depth within the proposed operational extraction areas in advance of any extraction commencing within each phase and stored on site for re-use progressively as part of the site restoration arrangements and no material shall be deposited or brought onto the site from elsewhere;
f) no extraction of cobbles, pebbles and sand above the levels shown on the submitted drawings;
g) all stockpiles of extracted cobbles and pebbles (pre- and post- processing) shall be located within the processing area only; and no stockpiling is permitted in the extraction area;
h) upon restoration, the land shall be restored to woodland/habitats and agricultural land and to finished levels as identified within the EIA Report;
i) all woodland planting (additional and replacement following each worked phase) shall be provided in accordance with the approved plans and details contained within Chapter 13 ‘Woodland’ (EIA Report, Vol 1 and 2 refers) and associated Appendix 13.2 Forestry Report prepared by Scottish Woodlands, dated November 2017 (EIA Report, Vol 3 refers);
j) extraction operations shall be undertaken by a single wheeled shovel loader or excavator only; and all fixed and mobile plant used for processing operations shall be located only within the processing area.
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Reason: To ensure an acceptable form of development in accordance with the submitted particulars and in order to safeguard the amenities, character and appearance of the locality within which the proposal is located.
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3. |
Notwithstanding the details submitted (which are not accepted):
- prior to works commencing on any part of the development details shall be submitted and approved by the Council, as Planning Authority in consultation with the Roads Authority regarding a detailed drawing (scale 1:1000) which shall include details to demonstrate control of the land) showing the visibility splay 4.5 metres by 215 metres in both directions from the Oakenhead access track junction onto the B9103, all boundary walls/fences/hedges set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area; and
- thereafter, the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and
- the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance.
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Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road.
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4. |
Notwithstanding the details submitted (which are not accepted) and prior to works commencing on any part of the development, the following details shall be submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority:
- a detailed plan (scale 1:500 min) showing the first 25 metres of the access track to the site from the B9103 widened to 7.3 metres, constructed to the Moray Council specification and surfaced with bituminous macadam and with a gradient of not more than 1:20 for the first 10m, measured from the edge of the public carriageway; and
- a plan (scale 1:200 min) showing resurfacing (using Hot Rolled Asphalt (HRA)) of the full width of the B9103 road 20 metres in both directions from the centreline of the Oakenhead access; and
- thereafter, the improvements both to the access track and resurfacing of the B9103 shall be completed in accordance with the approved details prior to the commencement of any other part of the development.
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Reason: To ensure an acceptable form of development in the interest of road safety.
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5. |
No works shall commence on site until a Traffic Management Plan has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority. The Traffic Management Plan shall include the following information:
- evidence to confirm that a Wear and Tear Agreement has been agreed with the Council, as Roads Authority, to include the length of the B9103 and C21E between the proposed quarry and the processing site, a schedule for monitoring surveys (bi-annually minimum), and arrangements for undertaking works to mitigate against damage to the public road due to quarry traffic.
- measures to be put in place to safeguard the movements of pedestrians; and
- instructions to drivers and details of specific routes to be used for access.
Thereafter, the development shall be implemented in accordance with the approved details.
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Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during the operation of all works at the site.
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6. |
No works shall commence on site until details have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority to ensure that no water or loose material shall drain or be carried onto the public footpath/carriageway for the life-time of the development.
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Reason - To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the new access.
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7. |
No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with Aberdeenshire Archaeology Services and a programme of archaeological works has been carried out in accordance with the approved WSI.
The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. In the event that the archaeological works reveal the need for post excavation analysis, the development hereby approved shall not be brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the Council, as Planning Authority in consultation with Aberdeenshire Archaeology Services. The PERD shall be carried out in complete accordance with the approved details.
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Reason: To safeguard and record the archaeological potential of the area.
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8. |
In the event of a complaint being received of the existence of any negative effect(s) on private water supplies (in terms of either quality or quantity) as a result of the development, then within two weeks of being notified by the Council, as Planning Authority, in consultation with the Environmental Health Manager (or within a longer period as the Council may allow) the applicant/quarry operator shall submit to the Council as Planning Authority, in consultation with the Environmental Health Manager for its approval, proposals to secure the protection of that supply and urgent restorative mitigation measures to remedy the effects, including timescale(s) for their implementation. Thereafter, these proposals shall be carried out in accordance with the approved details.
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Reason: To protect the adequacy and wholesomeness of any private water supplies which may be affected by the development hereby approved.
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9. |
Notwithstanding the provisions of Classes 55 and 56 of the Town & Country Planning (General Permitted) (Development) (Scotland) Order 1992 (as amended, or as revoked or re-enacted; with or without modification) no buildings, plant or machinery (other than the single wheeled shovel loader or excavator within the extraction area and/or similar fixed/mobile plant, machinery and buildings located with the processing area), shall be installed or operated within the site without the prior approval of the Council, as Planning Authority.
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Reason: In order to retain effective control over future development within the application site so that it is carefully managed and does not result in over-development or adversely impact on the amenity or character of the area.
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10. |
Where proposed as part of extraction and/or site restoration operations, any proposed infilling including partial infill of excavated quarry voids shall only be undertaken using material sourced on the site and no part of the permission hereby granted shall authorise or permit at any time the removal of top or sub-soil from the site or the import of material from outwith the site.
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Reason: To prevent pollution of the water environment.
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11. |
Not less than 12 months prior to completion of mineral workings (including extraction within Phase 11, details shall be submitted to and approved by the Council, as Planning Authority in consultation with the SEPA (and others where appropriate) regarding:
a) a detailed restoration plan and aftercare scheme for both the processing
area and extraction area hereby approved to include:
- the arrangement for the removal of all buildings and structures (both mobile and fixed plant, etc.) from each area;
- details of the finalised landform to be provided on site, including all water/pond areas and all areas of site mounding or moulding of excavated material to be retained or provided as part of the landform together with elevations, cross and long sections and existing and finished levels details (relative to a fixed datum) etc. to describe the finalised landform;
- the provisions for re-instatement for after-uses to include woodland, arable land and habitat creation (wetland/pond) as proposed within the EIA Report including sections and finished ground levels to show the finished profile of the re-instated ground;
- landscaping and planting/seeding information associated with the proposed formation of all identified habitats, including woodland planting and the formal landscaped area opposite the Cemetery;
- details of the location, route and construction of the new footpath to be formed within and through the excavation area which would link the footpath along the western site boundary with the Oakenhead access track to the east;
- information on the effects of restoration upon the water environment including ground water quality and quantity;
- the arrangements for the monitoring and aftercare scheme (see Condition 12 below) which shall specify all the steps to be taken and the time periods within which the steps will be taken; and
b) thereafter, the restoration of the site and aftercare shall be carried out in
accordance with the approved details.
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Reason: To ensure that both the processing and extraction sites are appropriately restored in the interests of the protection of the environment and that the final landform and uses are in keeping with the existing amenities and appearance of the surrounding area, as these details are currently lacking from the application.
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12. |
Following restoration works (whether for each individual Phase or upon completion of Phase 11, and thereafter for the whole quarry site (including both the extraction and processing areas), the approved restoration works within the site (Condition 11) shall be subject to a monitoring and aftercare scheme for a period of 5 years, the method statement and specification for which shall be submitted to and approved by the Council, as Planning Authority in consultation with SEPA and others as appropriate not less than 2 months prior to undertaking the restoration works.
Thereafter, the agreed scheme shall be implemented in accordance with the agreed details and any seeding, trees or shrubs that die or become seriously damaged or diseased within 5 years of planting shall be removed and replaced by others of a similar size and species within the next planting season.
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Reason: In order to monitor the condition of the site after restoration.
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13. |
Prior to the commencement of development a bird hazard management plan shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with the Ministry of Defence and SNH. The submitted plan shall include details as to how birds are to be managed on site for the period of extraction and shall contain specific measures as detailed below:
- to ensure that there are no more than 20 gulls, waders (Lapwing, Golden Plover, Oystercatcher and Curlew) or corvids on the site at any one time;
- where 20 or more of the above named species are observed on site, details of measures to ensure that the species are to be dispersed in a controlled manner; and
- the arrangements for the site operator to notify RAF Lossiemouth in writing at least 24 hours prior to any active bird control measures being undertaken to ensure that they are not dispersed into the path of an aircraft.
Thereafter, the agreed measures shall be implemented in full for the lifetime of the development.
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Reason: To avoid endangering the safe movement of aircraft and the operation of RAF Lossiemouth aerodrome as a result of a potential increase in bird strike risk during the period of extraction.
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The following Conditions 14 to 21 inclusive apply to the extraction area only:
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14. |
No development shall commence until details have been submitted to and approved by the Council, as Planning Authority in consultation with the Environmental Health Manager, regarding a detailed dust management plan, as referred to in Section 11.63 of the EIA Report: Volume 1, dated March 2018 and titled 'Caysbriggs Quarry, Inchbroom Road, Lossiemouth, Moray IV31 6RU'.
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Reason: To ensure that an acceptable plan with monitoring is in place from the start of the development in accordance with the submitted EIA Report, to address/mitigate dust impacts upon neighbouring property.
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15. |
Extraction operations shall be undertaken by a single wheeled shovel loader or excavator only and no screening plant or blasting operations are permitted.
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Reason: To ensure an acceptable form of development in accordance with the submitted EIA Report and to limit the impact of noise associated with on-site extraction upon the amenities of the locality and neighbouring property.
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16. |
All quarry operations within the extraction area shall be carried out and permitted between 08:00 to 17:00 hours, Monday to Friday, at 08:00 to 13:00 hours on Saturday only, and at no other times (including Bank and National Holidays) shall such operations be undertaken without prior written consent of the Council, as Planning Authority in consultation with the Environmental Health Manager.
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Reason: To control/restrict the impact of noise emissions resulting from such operations upon the amenities of the locality and neighbouring property.
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17. |
Noise emissions associated with soil and overburden handling in connection with soil stripping operations in all phases, and the provision of the 2m high bund associated with Phase 1, as highlighted in drawing number C165-00038-05 of the EIA Report: Volume 2, dated March 2018 and titled 'Caysbriggs Quarry, Inchbroom Road, Lossiemouth, Moray IV31 6RU', shall not exceed the free-field Equivalent Continuous Noise Level (L Aeq, 1 hr) of 70dB(A) at any noise sensitive dwelling, and all such noise emissions shall be limited to a period not exceeding 8 weeks in any year at any one dwelling.
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Reason: To control/restrict the impact of noise emissions resulting from such operations upon the amenities of the locality, including neighbouring property.
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18. |
No development shall commence until details have been submitted to and approved by the Council, as Planning Authority in consultation with the Environmental Health Manager, regarding a noise mitigation scheme, as referred to in Section 10.82 of Tarmac's Environmental Impact Assessment Report: Volume 1, dated March 2018 and titled 'Caysbriggs Quarry, Inchbroom Road, Lossiemouth, Moray IV31 6RU'. The scheme, shall include, amongst other measures, details of community liaison protocols on planned burials proposed in conjunction with the Moray Council Registrar Service and commemorative services/ceremonies proposed in conjunction with the Commonwealth War Graves Commission at the adjacent Lossiemouth Cemetery, during which all quarry, including excavation operations shall cease.
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Reason: To ensure an acceptable form of development in accordance with the submitted EIA Report and to limit/mitigate the impact of noise associated with on-site extraction upon the amenities of the locality, including neighbouring property and events to be to be undertaken at Lossiemouth Cemetery.
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19. |
No development shall commence until details have been submitted to and approved by the Council, as Planning Authority in consultation with the Environmental Health Manager, regarding a scheme of compliance noise monitoring (to be undertaken at or close to sensitive noise receptors), as referred to in Section 10.79 of the EIA Report: Volume 1, dated March 2018 and titled 'Caysbriggs Quarry, Inchbroom Road, Lossiemouth, Moray IV31 6RU'.
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Reason: To ensure an acceptable form of development in accordance with the submitted EIA Report and to limit/mitigate the impact of noise associated with on-site extraction upon the amenities of the locality and neighbouring property; with further mitigation measures to be agreed and implemented where such impacts are identified as a result of the compliance noise monitoring.
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20. |
During normal daytime working hours defined in Condition 16 above, the free-field Equivalent Continuous Noise Level (L Aeq, 1 hr) for the period associated with quarry operations, excluding soil and overburden handling activity referred to in Condition 7 above, shall not exceed 45 dB(A) at any noise sensitive dwelling and within the grounds of Lossiemouth Cemetery.
The exception to this noise limit is in respect of Caysbriggs Farm, which shall be subject to a free-field Equivalent Continuous Noise Level (L Aeq, 1 hr) of 52 dB(A), as referred to in Section 10.62 of Tarmac's Environmental Impact Assessment Report: Volume 1, dated March 2018 and titled 'Caysbriggs Quarry, Inchbroom Road, Lossiemouth, Moray IV31 6RU'.
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Reason: To regulate/restrict the impact of noise emissions resulting from such operations upon the amenities of the locality and neighbouring property.
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21. |
Prior to the commencement of development, a scheme identifying all mitigation measures to safeguard existing Scottish Water assets on the site shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with Scottish Water.
Thereafter, the development shall be carried out in accordance with these approved details.
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Reason: To ensure that Scottish Water assets and infrastructure within the extraction area are adequately protected during the lifetime of the development.
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The following Conditions 22 to 25 inclusive apply to the processing area only:
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22. |
The processing area shall not be used for the development hereby permitted before 0700 hours on weekdays and 0700 hours on Saturdays, nor after 1700 hours on weekdays and 1500 hours on Saturdays, nor at any time on Sundays other than essential maintenance work between the hours of 0800 and 1200 hours by prior agreement with the Council, as Planning Authority in consultation with the Environmental Health Manager.
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Reason: To regulate/restrict the impact of noise emissions resulting from processing operations upon the amenities of the locality and neighbouring property
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23. |
Noise emissions from plant and machinery within the processing area shall not exceed an Leq of 52dB(A), 1 hour (free-field) at the nearest noise sensitive dwelling. The reference period shall be 1 hour, where 1 hour means any of the 1 hour periods during the defined working day (0700 - 1900 hours).
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Reason: To regulate/restrict the impact of noise emissions resulting from such operations upon the amenities of the locality and neighbouring property.
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24. |
Prior to the commencement of development, a dust management scheme shall be agreed with the Council, as Planning Authority in consultation with the Environmental Health Manager. This scheme shall be monitored by the developer on an annual basis and arising from this, any additional measures required to manage dust shall be immediately incorporated into the dust management procedures in accordance with details which shall previously have been agreed with by the Council, as Planning Authority, in consultation with the Environmental Health Manager.
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Reason: To ensure that an acceptable plan with monitoring is in place from the start of the development in accordance with the submitted EIA Report, to address and mitigate dust impacts upon neighbouring property.
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25. |
Prior to the commencement of development, a detailed site layout plan drawn to scale showing the processing area shall be submitted to and approved in writing by the Council, as Planning Authority. The plan shall identify the location and height of all fixed/mobile plant, machinery or other structures, stock pile areas and buildings, the location of water treatment lagoons, foul/surface water drainage arrangements, parking areas, access arrangements, screen bund and planting (existing and new).
Thereafter, the processing area shall be maintained in accordance with these approved details.
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Reason: To ensure an acceptable form of development appropriate to the surrounding area and provide an up-to-date record of the site layout and features, as these details are currently lacking from the application. |