Further documents have now been supplied in connection with Aggregate Industries' planning application DCC/4132/2019 "to continue importation of inert soils and subsoil to allow for revised restoration contours at Marshbroadmoor including a revised restoration scheme at Rockbeare Quarry."
We have already posted on this application: AI launches another retrospective planning application, AI’s latest plans for Marshbroadmoor & Rockbeare in trouble already, Natural England tells AI to make space for sand martins at Rockbeare, Both AI’s recent planning applications for Devon have run into problems with the EA.
Aggregate Industries, through its agent, says:
The changes deliver a significant reduction in the timescales for restoring Marshbroadmoor and the remaining areas of the Rockbeare site; provide a solution for securing the restoration of the RB2 void and provide long term alternative habitat for nesting sand martins at Beggars Roost.
It’s not clear how these revised proposals answer the concerns of Exeter Airport, which objected on the grounds of aviation safety, given that "any additional tree planting and landscaping works in this area have the potential to further increase the surface penetrations that Exeter Airport already suffers."
Nevertheless, as we previously posted:
Mineral extraction at Rockbeare dates from 1947 and at Marshbroadmoor from 1997. The retrospective application seeks to amend the restoration scheme such that the "final restoration of Marshbroadmoor will be completed by April 2022" and "the timeframe for restoration of Rockbeare… remains up to 21st of February 2042."
Now, "a reduction in end date for the restoration of the Rockbeare site to the 31 December 2028 at the latest" has been proposed.
However, let’s not get carried away. If you look at the recent monitoring reports for Rockbeare – for 2019, 2018 and 2017 – you will see it has been a protracted effort to get Aggregate Industries to restore this site. Throughout these reports you will see the comment:
Mineral Planning Authority was notified on 11 October 2017 that mineral working/tipping operations ceased circa 1995
Yes, 1995. And in 2019 we're still discussing restoration.
Planning conditions for Rockbeare are governed by ROMP 7/11/98/P0050. Given that operations ceased at Rockbeare so long ago, let’s look at what condition "A20. RESTORATION IN THE EVENT OF PRIOR CESSATION OF WORKING" says:
In the event of a prior cessation of winning and working of minerals prior to the achievement of the final agreed levels, as referred to in Conditions A17 and A18 above, which in the opinion of the Mineral Planning Authority constitutes a prior permanent cessation within the terms of Paragraph 3 of Schedule 9 of the Town and Country Planning Act 1990, a restoration scheme, to include details of the aftercare (see Condition 19 above), shall be submitted for approval to the Mineral Planning Authority within 3 months of being so requested by the Mineral Planning Authority. The Approved Scheme shall be implemented within 12 months of approval, or within any such other period as may otherwise be agreed in writing with the Mineral Planning Authority.
So, even if restoration does get completed in 2028, that’s 33 years late. What a relief to know that quarrying is only "temporary in nature".
Even now, in the latest Monitoring Report, with regard to condition "A2. DEVELOPMENT ACCORDING TO SUBMITTED PLANS", Devon County Council says:
A planning application has been received to address the above however this is yet to be determined. This is due to outstanding issues relating to; mitigation for sand martin nest holes; suitable restoration and infilling of RB2; and, conflict with haul roads and permissive paths in the restoration scheme. The operator is required to address this information on or before 31 January 2020 to avoid enforcement action by the County Council.
But then littering the 2018 Monitoring Report were also threats of enforcement action, as there were in the 2017 report too. Perhaps that’s just the way that Aggregate Industries operates.
