Planning Advice Note 64: reclamation of surface mineral workings

PAN 64: Reclamation of Surface Mineral Workings

ANNEX C - MODEL CONDITIONS

Model conditions should be used with consideration to ensure that they are suitable for the specific requirements of each site. Conditions attached to planning consent need to be based on a site survey and discussions between the planning authority and the mineral operator. General guidance on the use of planning conditions is given in Circular 4/1998.

RESTORATION SCHEME

1. A scheme of the phased final restoration of the whole site shall be submitted for the written approval of the planning authority within [x] months of the date of this permission. The scheme shall include detailed information on landform levels, drainage, soil coverage, final boundaries and phasing.

Reason: To ensure satisfactory restoration of the site and timeous completion of the work.

AFTERCARE SCHEME

2. An aftercare scheme shall be submitted for the written approval of the planning authority within [x] months of the date of this permission. The aftercare scheme shall specify the steps to be taken, and the period during which they are to be taken, and who will be responsible for taking those steps to bring the land to the required standard.

Reason: To ensure effective landscape management to bring land to the required standard for the afteruses.

PHASED DEVELOPMENT

3. A detailed phasing plan shall be submitted. Each individual phase of mineral extraction shall be substantially restored in a phased manner in accordance with the provisions of the restoration scheme submitted as a requirement of condition [x]. Thereafter, the aftercare scheme submitted as a requirement of condition [x] shall be implemented in a phased manner in the first planting season following completion of each individual phase wherever practicable taking into account proposed working arrangements.

Reason: To ensure satisfactory reclamation of the site and timeous completion of the work.

BOUNDARY TREATMENT

4. Prior to the commencement of soil stripping the developer shall make stockproof and maintain, until reclamation is complete, all the existing perimeter hedges, fences and walls and shall protect the same from damage.

Where the site boundary does not coincide with an existing hedge, fence or wall, the developer shall provide and maintain, until reclamation is compete, stockproof fencing with gates and cattle grids at every opening.

Hedgerows within or bounding the site shall be maintained, cut and trimmed at the proper season throughout the period of working and reclamation of the site. Prior to the commencement of soil stripping, details of the stockproof fencing and means of maintenance required for hedgerows shall be submitted for the written approval of the planning authority.

Reason: To protect and maintain the boundary treatment of the site and prevent the incursion of livestock from surrounding areas.

SOIL STRIPPING

5. In each calendar year, soil stripping shall not commence on any phase until any standing crop or vegetation has been cut and removed.

Reason: To avoid the incorporation of concentrations of decaying vegetation in soil. The latter can create anaerobic conditions and impediments to root growth.

6. Topsoil, subsoil and soil-forming material shall only be stripped when they are in a dry and friable condition, no movement of soil shall occur during the month of [November, December, January, February and March], or when there are pools of water on the soil surface, unless otherwise approved in writing by the planning authority.

Reason: To prevent damage to soil by soil stripping during wet periods.

RECOVERY OF SOIL-FORMING MATERIAL

7. Any soil-forming material found during the course of soil stripping operations shall be recovered and stored for use in restoration, to replace any shortage and/or to cap the replaced overburden. Details of the quality of material found and its means and location of storage shall be submitted for the written approval of the planning authority.

Reason: To ensure the recovery of all soil-forming material on site to achieve satisfactory restoration.

SOIL STORAGE

8. Topsoil, subsoil and soil-forming materials shall be stored in separate heaps not exceeding [3], [5] and [5] metres respectively in areas defined in drawing number [xxxx]. The heaps shall be shaped so as to avoid collection of water in surface undulations, shall not be traversed by heavy vehicles or machinery except in the course of stacking, maintenance or respreading and shall have a minimum [3] metre stand-off of undisturbed around them. Each heap shall be marked with signs for the duration of the storage period showing the soil type. Topsoil heaps shall only be stored on like texture topsoils and subsoils on like textured subsoils. Any heaps that will remain in situ for more that [3] months or over winter shall be seeded or hydro-seeded prior to the commencement of mineral extraction and thereafter be maintained in a tidy condition free from weeds.

Reason: To allow the planning authority to retain effective control over the storage of material on the site.

9. Overburden shall be stored in heaps as defined in drawing number [xxxx] which shall not exceed [12] metres in height.

Reason: To allow the planning authority to retain effective control over the storage of material on the site.

PLAN OF SOIL RESOURCES

10. Within [3] months of completion of soil handling operations in any calendar year, the planning authority shall be supplied with a plan showing the areas stripped of topsoil, subsoil and soil-forming material, the location of each soil storage mound and the quantity and nature of the material therein.

Reason: To facilitate soil stocktaking and monitoring of soil resources.

MOVEMENT OF MACHINES

11. No plant or vehicles shall cross any area of the unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for the purposes of undertaking permitted operations. Essential trafficking routes shall be marked in such a manner as to give effect to this condition. No part of the site shall be excavated or traversed or used for a road or for the stationing of plant or buildings, or storage of subsoil or overburden or waste or mineral deposits, until all available topsoil and subsoil has been stripped from that part. The exception is that topsoil may be stored on like topsoil and subsoil may be stored on like subsoils.

Reason: To prevent unnecessary trafficking of soil by heavy equipment and vehicles which may damage the soil.

12. Only low ground pressure machines shall work on re-laid topsoil or subsoil to replace and level topsoil. Topsoil shall be lifted onto subsoil by equipment that is not standing on either re-laid topsoil or subsoil.

Reason: To prevent compaction of the topsoil and upper layers of subsoil.

OVERBURDEN, SUBSOIL AND SOIL-FORMING MATERIAL REPLACEMENT

13. Any material greater than [500mm] in any dimension evident on the re-instated overburden shall be removed before other soil is replaced. Materials that are removed shall be disposed off-site or buried at a depth not less than [3] metres below the final pre-settlement contours.

Reason: To remove obstacles capable of impeding land drainage operations.

14. The overburden shall be ripped to a depth of [300mm].

Reason: To improve drainage of the restored site.

15. Subsoil and soil-forming material shall be spread in even layers on the top of the overburden to a depth agreed in writing with the planning authority.

Reason: To restore subsoil and soil-forming material to a satisfactory condition.

16. Any material which is not subsoil or soil-forming material or objects which are larger than would pass through a wire screen mesh with a spacing of [200mm] on the re-instated soil shall be removed before topsoil is replaced. Materials that are removed shall be disposed off-site or buried at a depth not less than [3] metres below the final pre-settlement contours.

Reason: To remove obstacles capable of impeding land drainage operations.

REPLACEMENT OF TOPSOIL

17. Topsoil material shall be spread in even layers on the top of the overburden to a depth agreed in writing with the planning authority.

Reason: To restore topsoil to the best potential condition.

18. As soon as the ground is sufficiently dry after compliance with condition [17], the topsoil shall be ripped at a depth agree beforehand with the planning authority. Any stones lying on the surface and which are larger than would pass through a wire screen mesh with a spacing of [100mm], together with any objects likely to obstruct future cultivations, shall be removed from the site.

Reason: To restore topsoil to the best potential condition, and to remove obstacles capable of impeding normal agricultural and land drainage operations.

ASSESSMENT REPORTS

19. Following the completion of each phase of restoration a report shall be prepared by a suitably qualified professional, named to and approved by the planning authority, setting out details of the condition of the restored soils (including chemical analysis) and landforms, and thereafter specifying steps to be implemented to secure any remedial action so required.

Reason: To allow assessment of the restoration works and ensure satisfactory restoration of the site.

AFTERCARE PERIOD

20. Following the completion of restoration of the whole site (or smaller manageable blocks as may be agreed by the planning authority), that land shall be put under effective aftercare management. The period of aftercare shall extend for 5 years from the date of final topsoil restoration for the whole site (or smaller manageable blocks of the site) as confirmed in writing by the planning authority.

Reason: To bring the land to the required standard for [xxxx] use.

TREE PLANTING

21. All tree and shrubs to be planted shall comply with BS 3936. Verification of this requirement shall be submitted to the planning authority, by a qualified forester, landscape architect or arboriculturist, named to and approved by the planning authority, prior to the commencement of tree planting. All trees and shrubs planted within the aftercare period which become diseased, damaged or are removed are to be replaced with a similar number of trees and plants of the same species within the first available planting season.

Reason: To protect and maintain the contribution of the tree planting to the landscape quality of the area.

WEED CONTROL

22. All weeds on the site shall be treated with weed killer, mulches or cut to prevent spreading within the site or to adjoining land.

Reason: To maintain the quality of the landscape in the area.

CONTROLS DURING WINTER MONTHS

23. Following restoration of the site and for a period of [2 years] thereafter (unless otherwise agreed with the planning authority) no vehicles (with the exception of low pressure types required for approved works), machinery or livestock shall be allowed on the land during the months of [November, December, January, February, March and April] without prior consent of the planning authority.

Reason: In the interests of the satisfactory return of the site into [xxxx] use.

SETTLEMENT

24. Any part of the site which in the opinion of the planning authority is significantly affected by differential settlement that occurs during the restoration and aftercare period, and would interfere with [xxxx] operations, shall be filled. The mineral operator shall fill the depression to the final settlement contours specified with suitable imported soil to the specification to be approved in writing by the planning authority. Topsoil, subsoil and other overburden moved in the course of the work shall not be mixed and shall be handled and replace in accordance with the above conditions.

Reason: To deal with differential settlement when required.

DRAINAGE

25. During the aftercare period, temporary works (eg ditches, watercourses, settling lagoons) shall be carried out as necessary to prevent soil erosion, flooding of land within or outside the site, or the erosion or silting up of existing drainage channels within or outside the site.

Reason: To ensure satisfactory drainage of the land and prevent damage to surrounding land.

26. Within the first [x] years of the aftercare period, a field drainage system shall be installed in accordance with a scheme to be approved beforehand by the planning authority. On completion of the field drainage system, the developer shall provide the planning authority with 2 copies of a scale plan accurately recording the drainage system.

Reason: To ensure satisfactory drainage of the land.

27. Within the first [x] years of the aftercare period, a field water supply system shall be installed in accordance with a scheme to be approved beforehand by the planning authority. On completion of the field water supply system, the developer shall provide the planning authority with 2 copies of a plan recording details of the system.

Reason: To provide livestock with a water supply.

ANNUAL REPORT

28. Before [xxxx] of every year during the aftercare period, a report shall be submitted by the developer to the planning authority recording all operations carried out on the land in the previous year, providing a detailed programme for the forthcoming year (for the approval of the planning authority). It shall indicate whether compliance with conditions has been achieved.

Reason: To bring the land to the required standard for [xxxx] use.

ANNUAL MEETING

29. Before [xxxx] of every year during the aftercare period, the developer shall attend a site meeting with the planning authority, on a mutually agreed date, to discuss the report prepared in accordance with condition [28], and to which the following parties shall also be invited: all the owners of land within the site; all occupiers of land within the site; and representatives of other statutory bodies as appropriate. The developer shall attend additional aftercare meetings as required by the planning authority.

Reason: To allow inspection and appraisal of the site to ensure its reclamation within the aftercare period.

REMOVAL OF BUILDINGS AND PLANT

30. Within [3] months from the completion of all extraction operations on site, all buildings, lighting, plant and vehicles shall be removed from the site unless required for restoration operations and all haulage routes, storage areas and hardstanding shall be removed and restored in accordance with the approved restoration schemes required by condition [1]. Details of any buildings and/or plant vehicles retained for the period of restoration shall be submitted for the written approval of the planning authority before the cessation of mineral extraction on site.

Reason: To maintain the quality of the landscape in the area.