5.0 Description of Proposal

5.1. This application seeks full planning permission for the extraction of sand and gravel from a new quarry and restoration of the site to agriculture and nature conservation using imported infill materials, together with the construction of a new site access road, site offices and weighbridge. The proposed development seeks to extract approximately 1.2 million tonnes of sand and gravel progressively over a 14-year period. The site overall is 19.94ha with the proposed extraction area occupying 14.26ha, the rest including stand-off areas, access road, site offices and weighbridge areas.

5.2. The annual rates of extraction at the proposed extraction area would be approximately 90,000 tonnes per annum over five phases which would take between 2 to 3 years each to complete. In addition to the extraction phases there are a further two phases (6 and 7) in which infilling and restoration activities would be completed. Generally, the proposed extraction areas would observe a 10 metre stand-off from Long Lane and Broach Road and a 30 metre stand-off from the M62 and ‘One Acre’.

Phase 1

5.3. Extraction would begin in Phase 1 (Drawing BR22-3) which is located at the western boundary of the site. This initial phase would establish the main site access point on to Long Lane. A compound area would be created next to the main site access point which would house site offices, car park and weighbridge. The compound would remain in the same position for the duration of the proposed excavation. Phase 1 would occupy an area of approximately 2.64ha and would be connected to the compound by a new internal haul road. The excavation would be undertaken using 1 in 2 slope angle.

5.4. Topsoil and subsoil would be removed from the proposed extraction area, the compound and the proposed haul road. Two separate topsoil and a sub soil mounds would be constructed on the site’s north-eastern boundary, adjacent to the One Acre property. The position of the soil mounds has been chosen to provide noise and visual mitigation for this property. The topsoil mound would be a maximum of 3m high with external slopes of 1 in 2. Storing topsoil in this way accords with best practice and would maintain its quality and nutrient levels. Approximately 10,500m3 of topsoil would be placed within the storage mound. Initially, the subsoil mound was proposed to be a maximum of 5m high with external slopes of 1 in 2. Approximately 10,500m3 of sub soil would be held within the mound. This is the mound/bund that would be located closest to the One Acre property.

5.5. Since this item originally went to Strategic Planning Committee and was deferred on the grounds of amenity due to the subsoil bund location; the location of the subsoil bund, which was proposed to be located immediately south of One Acre is now proposed to be relocated. Following review, it is proposed that the subsoil mound (the larger of the two) is amended, with the peak of the mound moved approximately 20 metres further into the site, away from the One Acre property. In addition, the north-eastern side of the mound, which faces onto One Acre, is proposed to be significantly slackened to reduce its visual impact when viewed from the property. A technical note from the noise assessor who prepared the original Environmental Statement also confirms that the revised mound arrangement continues to achieve the required noise attenuation and complies with the noise levels set out in the conditions accompanying the previous Committee report.

5.6. The processing of extracted minerals would take place within each phase close to the

excavation areas. Vehicles dispatching mineral from the site would travel to excavation areas where they would be loaded.

Phase 2

5.7. Phase 2 continues the extraction operations in an easterly direction and is approximately 2.51ha in size and would be undertaken alongside the infilling of the previous Phase 1. Phase 1 would be backfilled using suitable restoration material, and vehicles bringing in the infilling material would travel into the area being back filled where they would deposit their loads.

5.8. Soil from Phase 2 would be removed and placed on the site’s southern boundary. Two topsoil mounds would be formed either side of the existing overhead power line. The topsoil mounds would be 3m in height with external slopes of 1 in 2. Collectively the topsoil mounds would store a total of 7,500m3. Subsoil removed in the phase would be stored in a mound that is 5m in height with external slopes of 1 in 2. A total of approximately 7,500m3 of sub soil would be stored within this mound.

Phase 3

5.9. Once the Phase 2 extraction is completed, the workings would progress in an easterly direction into Phase 3. The extraction area within Phase 3 covers an area of approximately 2.88ha. Soil removed from Phase 3 would be used to complete the restoration of Phase 1. This means that there are no further soil storage mounds required for the remainder of the proposed development as soils stripped in each phase going forward would be immediately used to restore earlier phases. The infilling activities within this phase would move into Phase 2 following the completion of Phase 1.

Phase 4

5.10. Phase 4 covers an area of 3.46 ha and would move in a southern direction from Phase 3 and then west towards Phase 5. Soils removed in Phase 4 would be used to restore the earlier Phase 2 and part of Phase 3. The remainder of Phase 3 would continue to be restored back to existing ground levels using imported suitable restoration material. The haul road within this phase would be removed as the workings progress in an easterly direction.

Phase 5

5.11. The Phase 5 working area covers 2.8ha and is the final phase of extraction on the proposed site. Phase 5 is the closest to the One Acre property and is located adjacent Long Lane next to the site access. Soils removed within this phase would be used to restore the remainder of Phase 3 and part of Phase 4. The extraction would be completed within Phase 4 with infilling operations commencing to bring the site back up to existing ground level.

Phase 6 – restoration and infilling

5.12. Phase 6 workings mainly relate to the restoration of the later stages of the site. The previous Phase 5 extraction would be completed and back filling activities using imported infill material would be progressed. Phase 4 would be restored back to original ground level using the soil mound stored on the site southern boundary adjacent to the M62 which were originally removed during Phase 2.

Phase 7

5.13. The Phase 5 working area would be restored back to original ground levels using the soil from the mounds created during Phase 1 on the north eastern boundary of the site. The remaining haul road and compound areas would also be restored using the soils stored within the remaining perimeter bunds.

Working Hours

5.14. The proposed working hours for both onsite mineral extraction activities and the associated HGV dispatch to and from the site are:

0700 – 1800 Monday to Friday

0700 – 1300 Saturdays

No workings on Sundays or Bank/Public Holidays

The only exception to the above timing would be any vehicle maintenance that does not require any engine start up or other site maintenance such as essential drainage or emergency works.

5.15. The requirement for surface water management during the operational phase of the development is limited. The quarry void has been designed to remain above local groundwater levels, with an unsaturated thickness of permeable Sherwood Sandstone left in-situ for the infiltration of incidental rainfall. However, it is recognised that surface water runoff from the site compound area and the perimeter soil storage bunds requires appropriate consideration and management during the operational phase. A site compound is proposed in the east of the site, adjacent to the site access off Long Lane. Soils would be stripped from the compound area and stored in adjacent bunds, exposing the underlying sands of the Sherwood Sandstone. A permeable surface covering would be retained across the compound. The footprint of any impermeable surfaces (e.g. portacabin site office) would be very limited, and runoff from these areas would discharge to the adjacent ground. The operational life of the site is proposed to be 14 years and the site compound would be removed and the ground reinstated during the restoration phase.

5.16. In terms of the soil storage and management of soils on site, a number of mitigation measures are proposed for the soil storage bunds:

· The bunds should be promptly covered with pre-seeded, erosion control mats, to minimise erosion by surface water runoff and to encourage revegetation to further stabilise the bunds;

· A minimum 5m standoff of natural in-situ sand should be maintained between the soil bunds and off-site receptors, for infiltration of runoff to ground. These areas would act as natural infiltration trenches and soils should be stripped, partially stripped or aerated, to encourage infiltration to ground;

· The performance of the above measures should be routinely monitored, particularly during and immediately after intense and prolonged rainfall events. If required, further mitigation measures should be introduced promptly.

5.17. A soil handling strategy will be employed on site which will broadly include the following measures:

· The handling of soil resources would only be undertaken when conditions are sufficiently dry, generally limiting soil operations to the months of March to October;

· The stripping, handling and storage of topsoil separate from subsoil;

· All soil storage mounds would be seeded with an appropriate grass seed mix to prevent erosion and to maintain soil structure, nutrient content and biological activity;

· Subsoil would only be handled in areas previously stripped of topsoil;

· All soils would be handled by low ground pressure bulldozer and 360o excavator and dump truck;

· Minimising the number of machine movements across top soil; and

· Clear delineation of all site haul roads and storage areas.

Highways Access and Vehicle Movements

5.18. Access to the site would be via Long Lane which is an adopted highway. From Long Lane vehicles would generally turn left out of the site and then left on to the A645 (Broach Road/Weeland Road) before joining the A19 at Eggborough which connects to the M62 at Junction 34.

5.19. This would be the haulage route for the majority of both the outgoing mineral dispatch from the site and importation of infill material. Other routes to the site may be used depending upon the end user of the minerals extracted and the location of the source of the infill material, however these are anticipated to make up a minority of the movements. It is proposed that the access on to Long Lane would have a 15m radius, with an access gate set back a minimum of 17m from the carriageway. The visibility splay to the south of the new access on to Long Lane would be 2.4m x 160m with the visibility splay to the north towards the junction with the A645 being 2.4m x 150m.

5.20. It is proposed that on average of 56 HGVs would serve the site each working day. This equates to 28 in and 28 out per day over an 11-hour shift. These movements would include both the dispatch of minerals extracted from the site as well as the importation of infill material. HGV access to the site would only take place during the proposed hours of operation above.

Restoration and Aftercare

5.21. The details of the restoration proposals are outlined in the restoration plan which is attached to this report as Appendix J. The restoration proposals would return the site to its current existing landform profile using a combination of the soils currently present on site and imported fill material. The required fill material would be recovered from construction and development sites from across the region. The suitable restoration material brought into the site would contain soils, stone, clays, rubble and other aggregates that cannot be recycled.

5.22. Typically, the source of the material can often be a new housing scheme which needs to remove a large volume of sub soil in order to create a level development platform. Where this is required and cut-fill balance of material cannot be accommodated on site, the sub soil would need to be removed and then placed within a facility such the application proposals. it is common practice for quarries, once excavations have been completed, to act as a location for depositing this type of material. The importation of this material is highly regulated by the Environment Agency and a separate permitting and approval process, following the grant of any planning consent, would need to be undertaken before any material is brought into the site.

5.23. It is anticipated that approximately 1,200,000m3 of inert waste material would be needed to complete the sites restoration to its current landform. This is the assessed minimum volume required to return the site to its existing ground level which will include the reinstatement of the existing soil resources on site which will be stored separately whilst the excavation is undertaken.

5.24. The restoration proposals would return the site back to its current arable agricultural use, which will comprise:

· 19.94ha of arable field;

· New hedgerow along Long Lane to include hedgerow trees adjacent to an arable headland which would be sown with species rich grassland with wildflowers;

· The existing boundary planting on the north of the site alongside Broach Road would be supplemented with new hedgerows and hedgerow trees; and

· A new area of mixed scrub would be planted in the northern part of the site next to an existing area of scrub land adjacent to Broach Road.

5.25. It is proposed that once the restoration is completed, newly restored areas would enter into a 5-year aftercare period. The aftercare will begin as each phase is restored with the extent of each phase entering aftercare being agreed with mineral planning officers.

10.0 Assessment

Principle of Development and mineral supply and need

10.1. The application proposes the extraction and exportation of approximately 1.2 million tonnes of sand and gravel progressively over a 14-year period. The site is located adjacent the former Hensall Quarry, which lies on the opposite side of Broach Lane. Sand and gravel aggregate proposed to be extracted would contribute to a wide variety of uses within the construction industry, including as a key part of the production of concrete and tarmac.

10.2. The sand and gravel aggregate extracted by the same Applicant (FCC Environment) was formally obtained from Hensall Quarry, which is now closed and extraction exhausted, pending final restoration. As such, this important supply of sand and gravel needs to be replaced.

10.3. The aims of the strategic policies for minerals M01 (Broad geographical approach to supply of aggregates), M02 (Provision of sand and gravel), M03 (Overall distribution of sand and gravel provision) and M04 (Landbanks for sand and gravel) are to provide an adequate supply of mineral for North Yorkshire. Policy M01 gives a broad geographical approach to where this mineral should be supplied from where possible avoiding National Parks, AONB’s and the City of York. In this instance, the site is not located near to a National Landscape or AONB and is located approximately 20 miles south of the City of York. Policy M02 in the MWJP is in regard to the sand and gravel requirements of the local authority which states 36.6 million tonnes is to be provided for the period to December 2030. Policies M03 and M04 add to this by stating that a 7 year landbank for sand and gravel must be maintained in each northward and southward distribution areas. Whilst the site is not allocated within the North Yorkshire Minerals and Waste Join Plan (MWJP), the MWJP notes that over the plan period to 2030, there is a need for a further 8.5 million tonnes of sand and gravel reserves required for the southern part of the county, where the proposed site is located. The proposed site would contribute 1.2 million tonnes of sand and gravel reserves towards this significant shortfall in supply.

10.4. It is proposed that sand and gravel be extracted from the proposed site to provide for the continued supply of minerals in this area. The proposed site is a new standalone quarry, however it is effectively a continuation of the quarrying operations that are currently being restored at the existing Hensall Quarry, which is located to the North of Broach Road from the western side of the proposed site. It is proposed that the operation would be phased over a period of 14 years, with an extraction rate of approximately 90,000 tonnes per annum. As mineral extraction progresses on a phased basis, the extraction areas would be progressively restored to agricultural use at existing ground levels, using imported material to backfill the quarry void.

10.5. The development management policies of the MWJP relevant to the principle of this development are D01 (Presumption in favour of sustainable minerals and waste development) and D11 (Sustainable design, construction and operation of development). The main aim of MWJP Policy D01 is the presumption of sustainable minerals development to help improve the economic, social and environmental conditions in the area. In regard to MWJP Policy D11, it is to make sure that minerals developments are sustainable, appropriate and proportionate to the location. Although a new standalone quarry, the proposal is effectively a continuation of previous mineral workings across the road. Consideration of the cumulative impact of the application on key sensitivities will be discussed in each individual section of this report.

10.6. Whilst the Selby District Core Strategy does not contain any policies specific to mineral development, there are general development management policies that are relevant to the determination of the proposed development. It is considered that the proposal gains support from Policies SP1 (Presumption in Favour of Sustainable Development); SP13 (Scale and Distribution of Economic Growth); SP15 (Sustainable Development and Climate Change); SP18 (Protecting and Enhancing the Environment) and SP19 (Design Quality). Similarly, the Selby District Local Plan contains several policies relevant to this proposal, including Policies ENV1 (Control of Development); ENV2 (Environmental Pollution and Contaminated Land); ENV21 (Landscaping Requirements) and T1 (Development in relation to the Highway Network). It is considered that the relevant part of this to the principle of the development is that this is a minerals site, and the mineral can only be worked where it is found, and this reserve cannot be extracted from the former exhausted Hensall Quarry site. It is further considered the scale of the development has previously been sufficiently justified, can be mitigated visually, is acceptable in Highways terms and is of a temporary nature. It is also considered that the proposal would not harm the character appearance and environmental qualities of the area it is located. The proposal is though considered in compliance with the above policies and has been designed to retain soils to be used in the restoration of the site, which would provide an agricultural resource following restoration, with further biodiversity benefits for the area.

10.7. The application is consistent with the NPPF in regard to paragraph 222 and 224 in regard to the acceptability of the location of the proposed development. In regard to paragraph 224 this application is not in a National Park, AONB or scheduled monument or Conservation Area, it is considered that this report details that there would be no unacceptable adverse impacts on the natural or historic environment, human health or aviation safety. It is also considered that unavoidable noise and dust can be controlled by conditions, with the restoration and aftercare being completed to the highest possible standard at the earliest opportunity, and in this case done so progressively. The NPPF para 222 recognises minerals are a finite natural resource and can only be worked where they are found. It is, therefore, important to make the best use of them as a means to secure their long-term conservation.

10.8. It is considered that the site, which is moderate in scale, would continue to contribute to the current minerals supply of sand and gravel, now that the former Hensall Quarry is exhausted and is consequently justified in this regard. The contribution the quarry makes towards the supply of sand and gravel is consistent with national planning policy contained within paragraphs 222 and 226 of the NPPF.

Location

10.9. It is acknowledged that both objections received make reference to the proposed site location and the potential impact on local residents, the open countryside and on a site that would not be in keeping with the local area. As above, and as specified in NPPF paragraph 222, minerals are a finite natural resource and can only be worked where they are found. The Applicant has investigated sources of sand and gravel which are both suitable and available and in close proximity, to provide for the continued supply to the area. As discussed in this report, an assessment of the landscape and visual effect of the proposed development has been undertaken and is presented in the Environmental Statement (ES) (a summary is highlighted in section 8 of this report).

10.10. Potential ecological and cultural heritage impacts also have been considered in the ES (again summarised in section 8 of this report). No unacceptable environmental impacts have been identified and it is noteworthy that following the restoration of the site, the proposed development would result in a significant positive effect on the biodiversity of the site. There are no objections to the proposed development from the Council’s Ecologist, Landscape Architect or Archaeologist.

10.11. It is therefore considered that the development and its location are in accordance with Policy SP1 of the Selby District Core Strategy and Policies D02 (Local amenity and cumulative impacts); D06 (Landscape); D07 (Biodiversity and Geodiversity) and D08 (Historic Environment) of the MWJP.

Local Amenity (noise, light pollution, hours of operation) and air quality (emissions and dust)

10.12. There are isolated residential properties located in the vicinity of the proposed site which are discussed in detail in section 4 of this report. The nearest standalone properties are:

· One Acre – 150 metres to the North of Phase 5 and access road, offices and weighbridge (shares boundary of proposed site);

· Wood Cottage – 80 metres to the North-East of Phase 3 (nearest Phase);

· Little Heck Farm and properties (300 metres to the East); and

· Properties on Broach Road (300 metres to the West)

10.13. The potential impact upon amenity has been raised through both objections lodged against this application, including noise, dust, light and hours of operation. It is considered that appropriate mitigation measures are proposed to alleviate the concerns raised, and these are discussed further below.

10.14. The noise, air quality and vibration assessments included as part of this application demonstrates that a series of mitigation measures would be employed on site to ensure that the associated emissions are well within the required limits for nearby sensitive receptors. The mitigation measures are tried and tested and would be considered effective in controlling dust and noise emissions from the site boundary. These include routine cleaning / washing of site access roads and equipment – making use of water sprays; a wheel washer and a road sweeper; protection of materials and active work areas from the wind; restriction of dust creating activities to certain times, locations or favourable weather conditions; loading and unloading of materials in a controlled manner; noise attenuation equipment fitted to all machines and plant; and seeding of restored areas at the earliest opportunity.

10.15. Hours of operation would also be restricted to accord with the development plan and so not to impact on local amenity, with the proposed working hours for both onsite mineral extraction activities and the associated HGV movement to and from the site being:

0700 to 1800 hours Monday to Friday

0700 to 1300 hours Saturdays

And no workings on Sunday or Bank/Public Holidays.

Local Amenity (Noise and vibration)

10.16. The Noise Policy Statement for England gives overarching aims for the effective management and control of environmental noise, which is required to avoid significant adverse impacts on health and the quality of life, mitigate and minimise the impact and where possible contribute to its improvement. Section 14 of the ES considers noise and vibration (summarised in section 8 of this report). It is considered that whilst mineral sites inherently come with noise emissions, it is considered that, as per the assessments undertaken in relation to noise for the proposed development, that the scheme would not have an unacceptable impact on residential amenity and is consistent with NPPF paragraphs 187 (e), 198 and 224 (b and c), which state development should not contribute to unacceptable levels of noise pollution and should ensure that the potential adverse impacts are mitigated with appropriate noise limits established and the PPG guidance for minerals as it would avoid noise giving rise to any significant adverse impacts on health or quality of life.

10.17. The relevant Development Plan policies against which to assess the proposed development’s effects associated with noise and their potential for significant adverse impact upon both the local community and the natural environment includes Policy D02 (Local amenity and cumulative impacts) of the Minerals and Waste Joint Plan (MWJP) relevant in relation to local amenity and specifically regarding noise, seeks to safeguard communities and residents from unacceptable impacts. When considering the impacts of the proposal though, it is accepted that surface mineral workings have the potential to generate noise due to the use of heavy plant and HGV’s. It is considered the proposed working practices are appropriate in the circumstances to mitigate the impact of the development and limit the effect on the amenity of the residents and the environment in regard to noise.

10.18. As explained in section 5 of this report, this item originally went to Strategic Planning Committee in December 2025 and was deferred on the grounds of amenity due to concerns over the subsoil bund location causing visual impact on the local resident. Following review, the location of the subsoil bund, which was proposed to be located immediately south of One Acre is now proposed to be relocated by approximately 20 metres further into the site, away from the One Acre property. In addition, the north-eastern side of the mound, which faces onto One Acre, is proposed to be significantly slackened to reduce its visual impact when viewed from the property. Whilst it was originally considered that the proposal was acceptable overall and recommendation to approve was taken to members of the planning committee; it is considered that this amendment, which would result in a lessened visual impact on the local resident, would be a more acceptable means of appeasing the concerns of the resident and finding the middle ground between operator and neighbour. The neighbour confirmed in writing on 14 January 2026 that they remain unsatisfied with the proposed amendment and that their objection still stands. They state that they had expected the bund to be moved back in to the site 30-40 metres, not the proposed 20 metres as per the proposed amendment. A technical note from the noise assessor who prepared the original Environmental Statement also confirms that the revised mound arrangement continues to achieve the required noise attenuation and complies with the noise levels set out in the conditions accompanying the previous Committee report. A consultation response was received from the Environmental Health Officer, who confirmed no objection to the proposed development.

10.19. In light of the above and in consideration of the noise assessments undertaken which accompany this application, which conclude that there would be no significant noise impacts during the initial soil movement, baffle mound construction, extraction, infill and restoration of the proposed development, it is considered that noise levels arising from the development would remain within acceptable limits as defined in national planning guidance and the unavoidable noise from the site can be controlled and mitigated to minimise the impact, in compliance with the amenity protection elements of MWJP Policy D02 as the proposal is designed to minimise the impact of the working and safeguard amenity standards, with no unacceptable impacts on the local environment.

10.20. It is also considered to be compliant with Selby Local Plan Policy ENV 1 (Control of Development) which requires development to take into account the effect upon the amenity of adjoining occupiers; and ENV2 (Environmental pollution and Contaminated land) which refers to development only being acceptable where it would not give rise to, or be affect by unacceptable levels of noise, nuisance or other contamination, as the proposal would not have a significant adverse impact on the amenity of residential properties or any neighbour land uses and would protect the high quality living and working environment in the local area. Envisaged noise levels are considered to be able to be kept within appropriate levels and conditioned to ensure these are adhered to. It is also considered that the duration of the works and the type/character of the noise would be able to be controlled via condition.

10.21. On the basis that such mitigation and controls are secured by the imposition of five conditions in regard to noise limits, these include conditions for hours of operation; the standard noise levels required to be adhered to at the five sensitive receptors; limiting temporary uses to 8 weeks a year at the higher level; the requirement for works ceasing if they are above the limits and the requirement for plant and machinery to include noise attenuation equipment. It is considered that with this mitigation the proposed development would not result in adverse noise impacts upon any local residential property and therefore the proposed development is considered to be in compliance with Selby Local Plan Policies ENV1 and ENV2 as above.

10.22. It is also considered that the proposed development is in compliance with MWJP Policy D02 in regard to local amenity and cumulative impact, as adverse impacts would be prevented through robust mitigation measures secured via the conditions. It is considered that this would not have an unacceptable impact on residential amenity and is consistent with NPPF paragraphs 187 (e), 198 and 224 (b and c) and the PPG guidance for noise as it would avoid noise giving rise to any significant adverse impacts on health or quality of life. It is also considered that the proposed development is compliant with the Equality Act (2010) and the Human Rights Act 1998 as its impacts would be mitigated through the conditions stated earlier in this paragraph to limit noise at the site protecting residential amenity and the right to the peaceful enjoyment of property.

Local Amenity (Light Pollution)

10.23. The potential impact from light pollution has been raised in both objections received against this application. It is understood that lighting would be required for operational and health and safety purposes in the quarry, during the shorter winter days. In a consultation response from the Council’s Landscape Architect, a detailed lighting scheme has been requested to be secured via condition, which is in the conditions list at the end of this report. It is considered that with an appropriate lighting scheme in place, the proposed development would not result in adverse noise impacts upon any local residential property and therefore would be compliant with Selby Local Plan Policies ENV1 and ENV2 as above, the NPPF; the Equality Act (2010) and the Human Rights Act as its impacts would be mitigated through the condition to control lighting on site, therefore protecting residential amenity and the right to the peaceful enjoyment of one’s property.

Local Amenity (Air Quality/Dust)

10.24. The relevant Development Plan policy against which to assess the proposed development’s effects associated with dust and its potential for significant adverse impact upon both the local community and the natural environment is Policy D02 (Local amenity and cumulative impacts) of the MWJP which seeks to safeguard communities and residents from unacceptable impacts; and Selby Local Plan Policies ENV 1 (Control of Development) which requires development to take into account the effect upon the amenity of adjoining occupiers; and ENV2 (Environmental pollution and Contaminated land) which refers to development only being acceptable where it would not give rise to, or be affect by unacceptable levels of noise, nuisance or other contamination. In regard to national policy NPPF paragraph 224 (c) in regard to minerals extraction is also relevant, with planning practice guidance in regard to dust, which state unavoidable dust is required to be controlled at source and prepare a dust assessment study.

10.25. It is noted that the Environmental Health Team did not provide a response to the consultation on this application, however it is considered that the proposed mitigation measures highlighted earlier in this section would be sufficient in controlling dust at the site. A dust mitigation condition, which is found in the draft schedule is required to mitigate the impact on dust upon air quality, which include daily visual inspections, speed limits, dust suppression measures on stockpiled materials and ensuring the haul road is in a clean state. It is considered the condition which requires dust control measures is compliant with Selby Local Plan Policies ENV 1 and ENV2, and MWJP Policy D02 as it would ensure that there is not a significant adverse impact on the amenity of the sensitive receptors in the area. It would also be consistent with the NPPF as the quarry’s dust management measures would seek to minimise dust emissions and stop where possible the dust and particle emissions at source.

10.26. Two air quality assessments have been carried out to support the planning application for the Proposed Development. These consisted of a fugitive dust AQA and a dispersion modelling to assess the impact of the vehicle emissions associated with the addition of the proposed developments haulage movements on the local road network. Based on the findings of the air dispersion modelling assessment, it was concluded that the emissions associated with increased traffic, as a result of the haulage movements on the local road network, would not have a significant impact on local air quality or human health.

10.27. For these reasons, it is considered that the development would not have an unacceptable impact on local amenity and is consistent with the NPPF and PPG for Air Quality as the proposed development lies in an acceptable location and would not have any likely negative effects on health, living conditions or the natural environment. This is also considered to be in compliance with Selby Local Plan Policies ENV 1 and ENV2 in regard to air quality. The proposal is also considered to be in compliance with Policy D02 of the MWJP in regard to local amenity and cumulative impacts. Specifically in regard to Selby Local Plan Policies ENV 1 and ENV2 in regard to air quality, it is considered the ES gives due regard to the air quality impacts and the proposal would put in place specific mitigation measures necessary to limit the impact of the site.

10.28. To conclude, in regard to air quality, it is considered that the proposal would be able to be controlled through conditions in regard to dust. Any likely impact of dust upon any local receptors or the local environment, are considered to be mitigatable due to techniques and permitted methods of extraction; the number and the timing of vehicular movements; the hours of working; dust suppression; and restricting operations during adverse or windy weather conditions. The proposed development is therefore considered to be consistent with the principles of the NPPF paragraphs 187 (e), 198 and 224 (b and c) in relation to ensuring unavoidable dust emissions are controlled. The proposal would also be consistent with the MWJP Policy D02 in regard to local amenity and cumulative impacts, which seeks to ensure that proposed developments are appropriate to their location and would not result in impacts considered significantly detrimental to the local environment regarding dust. The development would also be compliant with policies ENV1 and ENV2 of the Selby Local Plan, which seek to ensure that there is no significant effect upon amenity arising from developments. It is also considered that the proposed development is compliant with the Equality Act (2010) and the Human Rights Act as its impacts would be mitigated through the condition to control dust stated earlier in this paragraph protecting residential amenity and the right to the peaceful enjoyment of one’s property.

Landscape and Visual Impact

10.29. The application site is a proposed standalone quarry and is located approximately 1 kilometre (km) south of the village of Hensall, immediately adjacent to the northern side of the M62. The proposed main extraction area is located to the immediate south of Broach Road (A645) and to the west of Long Lane. Great Heck is approximately 1km to the south of the application site on the opposite side of the M62. As previously discussed, the immediate area surrounding the site is generally sparsely populated with a series of isolated residential properties broadly distributed in all directions.

10.30. The detailed site boundary can be viewed on Appendix A (attached). The site boundary encompasses the main extraction area as well as an area to the immediate south-west of the One Acre property. The area immediately adjacent to ‘One Acre’ is not proposed for extraction and as such has a proposed 30 metre stand-off from the extraction areas, however it is proposed that soil mounds are constructed to provide landscape, noise and air quality mitigation for this property. More detail on this is shown on the proposed working plan in Appendix B.

10.31. The proposed site area is 19.94 hectares (ha) with the proposed extraction area occupying 14.26ha. The site is currently generally in arable agricultural use, as are the immediate surrounding land uses. The site is generally open with mature trees and hedgerows on the sites northern boundary with Broach Road. The boundary along Lone Lane contains comparatively little vegetation with isolated stretches of hedgerow and no trees.

10.32. The existing Hensall sand and gravel quarry, which the application proposals seek to replace, is located to the immediate north of the western part of the site, on the opposite side of Broach Road. The M62 is elevated above the site and is a dominant feature in both the landscape and the existing background noise level. On the southern side of the M62 along Long Lane, there are a number of existing heavy industrial operations which include Thomas Armstrong block making facility, Plasmor and the Hargreaves logistics operations amongst others.

10.33. The site is generally flat and low lying at between 8m Above Ordnance Datum (AOD) on the northern boundary and 13m AOD. The M62 is elevated above the site at approximately 16m AOD. There is one field boundary that runs through the centre which is marked out by mature hedgerow and tree planting. The northern field boundary is delineated by tree planting and drainage ditch along Broach Road. There is substantial tree planting around the One Acre property which is located on the sites north eastern boundary. No tree or vegetation removal is proposed on any external boundary to the site. On Long Lane the field boundary is marked by post and rail fencing which is currently in a mixed state of disrepair. The southern boundary of the site with the M62 is marked by a more intact post and rail fence line.

10.34. The relevant Development Plan policies against which to assess the proposed development’s effects associated with potential significant adverse landscape and visual impacts include policies D02 (Local Amenity), D06 (Landscape), D07 (Biodiversity), D09 (Water Environment) and D11 (Sustainable Design) of the MWJP which have the aims of safeguarding communities from visual intrusion, cumulative impacts, public rights of way impacts, protecting from unacceptable impacts on biodiversity or geodiversity including on SSSI’s and developments design is acceptable in the context of its location. These policies require that all landscapes will be protected from the harmful effects of development and proposals would not be permitted where it is demonstrated that there would be an unacceptable impact on the quality and/or character of the landscape, having considered any proposed mitigation measures.

10.35. Selby Local Plan Policies relevant to this element of the proposed development include Policies ENV1 (Control of Development) which states that development should consider the effect upon the character of the area and upon trees, wildlife and other features important to the character of the area; and ENV21 (Landscaping Requirements) which states that where appropriate, proposals for development should incorporate landscaping as an integral element in the layout and design, including the retention of existing trees and hedgerows, and planting of native, locally occurring species. The Selby District Core Strategy also contains policies relevant to this, which include Policies SP1 (Presumption in favour of Sustainable Development) which encourages the Council to take a positive approach working with applicants to secure development that improves environmental conditions in the area; Policy SP15 (Sustainable Development and Climate Change) which refers to the design and layout of development, protecting, enhancing and creating habitats including tree planting and new woodlands and hedgerows in landscaping schemes; SP18 (Protecting and Enhancing the Environment) which relates to safeguarding the high quality and local distinctiveness of the natural environment; SP19 (Design Quality) which states that new development will be expected to contribute to enhancing community cohesion by achieving high quality design, having regard to the local character.

10.36. It is acknowledged that all three objections received make reference to the proposed site location and the potential impact on local residents, the open countryside and on a site that would not be in keeping with the local area. Referring back to paragraph 10.18 of this report, which details the proposed amendment to the location of the soil bund, the Council’s Landscape Architect was also reconsulted on the amended information and confirmed on 12 January 2026 that they are satisfied that the proposed amendment to the soil bund does not change their view on the proposed development.

10.37. It is considered that the landscape information in support of the application is acceptable and thorough in confirming that the application would seek to avoid harm and would contribute to the surrounding area, through the advanced planting of new hedgerows and hedgerow trees around the boundary (and existing retained planting), which would help to mitigate the impacts to some extent. Following restoration to agricultural land, there would be a minor level of effect, considered to be beneficial in the long term. In addition to this the proposed phased restoration scheme to agriculture would create a grassed landform which would blend in with the surrounding landscape and in the long term have a positive impact on the environment. This is supported by Natural England, who have not objected to the proposed development considering it unlikely to have any significant adverse impacts. The Landscape Officer also confirmed following discussions, that they are generally supportive of the overall principle of working and restoration, and requested a number of mitigatory conditions relating the landscaping scheme, temporary screening, protection, retention and management of hedgerows including the advanced landscaping works, a soil maintenance and management strategy and a detailed lighting scheme.

10.38. Policies M09 and M15 of the MWJP acknowledge that mineral can only be extracted from areas where it is located. Notwithstanding that the proposed site is a new standalone quarry, it is not considered that the development would significantly increase its impact on the surrounding landscape given the low-lying nature of sand and gravel extraction. Whilst there would be some impact on the landscape as stated in the Landscape and Visual Impact Assessment in the short term until extraction and restoration is complete, screening would in place to minimise the visual impact of the site on the landscape and overall the proposal meets the principles of policies ENV1 and ENV21 of the Selby District Local Plan, through protecting the local area and existing landscapes and ensuring that restoration will be undertaken to reinstate, reinforce and improve landscape character to the site upon completion of mineral extraction. This is further supported by a proposed condition which would require the advance planting and gapping up of hedgerows to be provided prior to the commencement of phase one of extraction activities, which was required by the Landscape Officer. Policies SP15, SP18 and SP19 of the Selby District Core Strategy all seek to ensure that developments protect and enhance the distinctive elements of landscape character and the local area, this proposal through its mitigation measures and working methods would have minimal impact on the local landscape.

10.39. Although the existence of a new quarry in this location would amend the landform of the area it would not appear incongruous and its topography would generally fit within the landform of the area as to the north of the application site there is already the existing and now nearly-restored quarry. In terms of the local receptors and amenity, as discussed earlier in this section, the impact of noise and dust is considered; all of which are all deemed to be acceptable in terms of impact on the area and it is therefore considered that the proposed site is acceptable and is an appropriate type of development for the location as would not significantly impact the tranquillity of the landscape. This is supported by the Landscape Officer who after the receipt of further information requested numerous conditions to cover matters and mitigatory measures discussed above, which would protect landscape qualities in proximity to the site protected, with adverse effects minimised and would resolve any Landscape concerns. The Landscape Officer has agreed that a detailed landscaping scheme and details regarding screening, advanced planting and soil management on site could be secured by suitably worded conditions, which gives the opportunity for the approved scheme to be reviewed if requested by the planning authority. The Landscape Officer also required a lighting scheme to limit the impact on the surrounding area, in this instance it is considered that the proposed condition in regard to lighting is sufficient with the existing site having no issues in relation to lighting and there being no response received from the Environmental Health Officer.

10.40. The Landscape Officer has stated requirements for a detailed hard and soft landscaping scheme which is to be secured by condition (see draft conditions list); detailed proposals and cross sections which demonstrate temporary screening using a combination of earth bunding an hedgerow planting, which is to be secured by condition; an overall scheme for the protection, retention management of existing hedgerows, trees and vegetation around the wider quarry during the operational period (to progressively include vegetation within newly restored areas at completion of each working phase), to be secured by condition; pre-commencement landscaping works/ screen bunding, to be secured by condition; a soil maintenance and management strategy to include details for soil management at each working and restoration phase, to be secured by condition; and a detailed lighting scheme/ control of lighting to minimise night-time effects, to be secured by condition. Furthermore Policy D06 of the MWJP states that development should not adversely impact on the landscape, and if it does then a high standard of design and mitigation needs to be employed to ensure the landscape is not adversely affected in the long term. Policy D06 of the MWJP seeks to protect landscapes from harmful effects and supports proposals where there would be no unacceptable impact on the quality. It is considered, the proposal would not have an unacceptable impact of the landscape and the proposed measures through condition would minimise the impact by the construction of temporary soil storage/screening mounds for the operational and restoration phases and the planting of a hedgerow would be acceptable.

10.41. Policy D10 of the MWJP deals with reclamation and aftercare of mineral and waste sites ensuring they are carried out to a high standard and, in terms of minerals extraction, deliver a more targeted approach to restoration that is relevant to the scale, nature and location of sites. The site would be restored to existing ground levels using suitable inert restoration material along with the soils previously stripped and stored on site. The use of the imported material would help to a achieve a high-quality restoration scheme that avoids any long-term limitations on the sites return to arable agricultural production. The restoration proposals would return the site back to its current arable agricultural use, which would comprise:

• 19.94ha of arable field;

• New hedgerow along Long Lane to include hedgerow trees adjacent to an arable headland which will be sown with species rich grassland with wildflowers;

• The existing boundary planting on the north of the site alongside Broach Road will be supplemented with new hedgerows and hedgerow trees; and

• A new area of mixed scrub will be planted in the northern part of the site next to an existing area of scrub land adjacent to Broach Road.

10.42. Paragraph 187 of the NPPF highlights that planning applications should conserve and enhance biodiversity and landscape; in this instance the restoration scheme is designed to improve the landscape and habitats on the extension area in the long term, taking into account the previous working at the existing site which has already been completed and tying the restoration scheme for this new area into the existing sites. It is also therefore consistent with paragraph 224 of the NPPF states that planning authorities should provide for restoration and aftercare.

10.43. It is therefore concluded, that whilst introducing a change to the landscape, the change would be localised, would not be significant, and, in the longer term, through the restoration of the site which would be controlled by the proposed conditions discussed above. Given the scale of the proposal and its location, it is considered the local character of the area would not be adversely affected. It is considered, therefore, that whilst the proposed development is for a new standalone quarry, the landscape would not be so adversely affected and would be protected by the proposed landscaping measures as part of the operational life of the site and restoration proposals. The proposal is therefore considered to be acceptable for the purposes of the NPPF, policies D06 and D10 of the MWJP; policies ENV1 and ENV21 of the Selby District Local Plan; and Policies SP15, SP18 and SP19 of the Selby District Core Strategy.

Soil and Agricultural Land use

10.44. The agricultural land classification at the site is mapped as Grade 3 land; the majority of the land is classed as Grade 3b and is therefore not defined as best and most versatile. There are relatively small areas within the southern and western parts of the site which are classed as Grade 3a. As previously discussed in this report, it is proposed that the site would be progressively excavated and restored, hence all agricultural land at the site would not be taken out of production at the same time. The proposed extraction area would occupy 14.26ha of the site, all of which would be restored back to agricultural use following completion of extraction.

10.45. The soils stripped before extraction in each phase would be stored in bunds within the site to the north which would also double as a screening bund for the nearest residential receptor, and on completion of extraction, the stored soils would be removed and used in the restoration of the site. It is acknowledged that the land in its current use is of value to the agricultural economy, and that national policy seeks to avoid the loss agricultural land. However, minerals can only be worked where they occur. The proposed site would result in the temporary loss of agricultural land, and it would facilitate the winning of a valuable mineral reserve. The resultant void would then be backfilled using imported inert material and the soils previously stripped, to existing ground levels that would give benefits in terms of nature conservation with the restoration enhancing the biodiversity of the area.

10.46. It is considered that the initial, yet temporary loss of agricultural land and restoration to ‘as was’ is acceptable on planning balance, given that the land would be restored to agriculture and of a high standard that would be covered by condition, and would be monitored throughout. The development accords with Policies D10 and D12 of the MWJP, which states that proposals which require restoration and afteruse elements will be permitted where it can be demonstrated that they would be carried out to a high standard and, where appropriate to the scale and location of the development and where relevant, development will be subject to aftercare requirements to ensure that a high standard of agricultural restoration can be achieved. As above, the site would be progressively worked and restored; hence, not all agricultural land would be taken at one time. There exist conditions that are capable of being imposed regarding the storage and handling of soils on site, which are proposed in the conditions at the end of this report. It is also considered that a high standard of restoration and aftercare would be achieved, and this would be secured via the proposed conditions. It is therefore considered that the proposed development accords with Policies D10 and D12 of the MWJP.

Ecology and Biodiversity

10.47. The proposed development is not located within any ecological designated sites. The application includes an Ecology chapter (chapter 8) within the Environmental Statement which comprises an Ecological Assessment, Dusk Emergence Survey, Wintering Bird Survey and Biodiversity Net Gain Assessment (and Biodiversity Metric Spreadsheet). The relevant policies in relation to ecology and BNG are MWJP Policy D07 (Biodiversity and geodiversity) and Policy SP18 of the Selby District Core Strategy. Both policies have the stance that the proposed development would not have an unacceptable impact on local or national designations or biodiversity. NPPF Paragraph 187 promotes protecting sites of biodiversity or geological value and providing net gains for biodiversity.

10.48. In terms of habitats present, the site comprises an area of arable cropland. Hedgerow is present at several of the field margins, with occasional mature trees associated with these features. An area of scrub and a derelict building are present out with the northern boundary. Ecological surveys have been undertaken to check for the presence of multiple protected species including breeding bird and wintering bird assemblages, badger, bats, reptiles, badgers and brown hare.

10.49. The ES includes an assessment of the effects of the proposed development in respect to flora and fauna and their conservation and enhancement. The assessment acknowledges the importance of protected species, their habitat and their sensitivity. The ES has used this as a basis for assessment of the impact of magnitude as well as extent, duration, reversibility, timing and frequency of the effects of the proposed development.

10.50. As is good practice for mineral extraction operations, to minimise the impact of the removal of vegetation at the site, the extraction operations and the restoration operations are proposed to be undertaken progressively on a phase-by-phase basis. The assessments conclude that the proposal would result, post restoration, in enhanced habitats in the form of small-scale arable fields with a network of species rich hedgerows with hedgerow trees and species rich grassland field margins. With appropriate mitigation including checking surveys and the implementation of precautionary working methods the risk of harming or disturbing protected species during works can be minimised with habitat restoration proposals resulting in enhanced habitats for a range of species. The proposals would deliver a 10.67% net gain for biodiversity (10.67% for habitat units and 52.78% in terms of hedgerow units), and a Deed of Unilateral Undertaking is proposed to secure the monitoring fees in relation to BNG.

10.51. With regard to specific impacts, the removal of 500 metres of hedgerow and two mature Oaks is the most significant habitat impact, however the proposed compensation involves the creation of 1.6 km of new species-rich hedgerow (1.3 km of this with trees). In response to this, the Council’s Ecology Team requested that a condition to adhere to the ecological mitigation measures set out in paragraphs 8.131 to 8.138 of the Planning Application & Environmental Statement (Ecology chapter). They also requested the pre-commencement submission of method statements for minimising risks to amphibians and reptiles (see paras 8.137 & 8.138 of Ecology chapter) and these are all reflected in the list of conditions at the end of this report.

10.52. It is considered that with the information provided by the applicant and response from the ecologist that the proposed development is consistent with relevant local MWJP Policy D07: Biodiversity, Policy SP18 of the Selby District Core Strategy and the NPPF in regard to paragraph 187 as would provide net gains for biodiversity and have no significant impact on any locally or nationally designated sites. The mitigation provided in the form of conditions ensure that the proposed development is acceptable in terms of ecology and biodiversity.

10.53. In conclusion, the proposal is accompanied by an ecological assessment; there is no evidence the proposal would have an unacceptable adverse effect on the ecology of the area subject to the employment of mitigation measures that could be controlled by condition. There would be no loss of trees and additional trees and hedgerow are proposed as part of the restoration proposals. The proposed restoration and planting of trees and hedgerows would result in ecological net gain over that which is currently present.

Restoration and Aftercare

10.54. Policy D07 of the MWJP requires schemes to achieve net gains for biodiversity through design, including any proposed mitigation measures. Policy D10 requires positive and diverse restoration and aftercare to a high standard in a progressive way where possible, protecting soils where a proposal is on best and most versatile land and provide net gains for biodiversity; and Policy D12 requires the protection of agricultural land and soils. Paragraph 224 (e) of the NPPF supports proposals that provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards and which can be controlled by conditions.

10.55. As previously discussed, the extraction of sand and gravel would be undertaken progressively, as would the restoration which would follow each phase as each is exhausted of mineral. The details of the restoration proposals are outlined in the restoration plan which is attached to this report as Appendix J. The restoration proposals would return the site to its current existing landform profile using a combination of the soils currently present on site and imported fill material. The required fill material would be recovered from construction and development sites from across the region. The suitable restoration material brought into the site would contain soils, stone, clays, rubble and other aggregates that cannot be recycled.

10.56. It is anticipated that approximately 1,200,000m3 of inert waste material would be needed to complete the sites restoration to its current landform. This is the assessed minimum volume required to return the site to its existing ground level which will include the reinstatement of the existing soil resources on site which will be stored separately whilst the excavation is undertaken.

10.57. The restoration proposals would return the site back to its current arable agricultural use, and would comprise:

· 19.94ha of arable field;

· New hedgerow along Long Lane to include hedgerow trees adjacent to an arable headland which would be sown with species rich grassland with wildflowers;

· The existing boundary planting on the north of the site alongside Broach Road would be supplemented with new hedgerows and hedgerow trees; and

· A new area of mixed scrub would be planted in the northern part of the site next to an existing area of scrub land adjacent to Broach Road.

10.58. It is proposed that once the restoration is completed, newly restored areas would enter into a 5-year aftercare period. The aftercare will begin as each phase is restored with the extent of each phase entering aftercare being agreed with mineral planning officers.

10.59. Consultation responses from the Landscape and Ecology Teams, as well as Natural England all support the proposed development subject to conditions discussed previously in relation to soil management, progressive working and restoration amongst other matters which are discussed in further detail in the Ecology and Biodiversity, Landscape and Visual Impact and Soils and Agricultural sections of this report.

10.60. The proposed restoration and aftercare would accord with Policy D07 in that it would contribute to biodiversity in the area; Policy D10 in that would provide for a progressive, phased restoration using imported recycled inert materials to achieve a high standard of restoration; and Policy D12 in that it would achieve a high standard of agricultural restoration. The proposed restoration and aftercare would also comply with paragraph 224(e) of the NPPF in that it would provide for progressive restoration and aftercare at the earliest opportunity to high environmental standards and which could be achieved by the proposed planning conditions. The proposed restoration and aftercare are therefore considered acceptable and complies with the policies of the development plan and paragraph 224(e) of the NPPF.

The Historic Environment

10.61. A desk-based assessment of the environmental effects of the proposals on cultural heritage is presented in the Environmental Statement. The desk-based assessment identifies that the site has archaeological potential, particularly for the continuation of the later prehistoric and Romano-British landscape and settlement features previously recorded to the north.

10.62. The Council’s Archaeologist in their consultation response, affirmed that the assessment suggests that there are two options for the site, the first being to carry out a geophysical survey to try to map any archaeological features. The Archaeologist stated that they would normally agree with this, but in this case the sites to the north were not conducive to geophysical survey and archaeological features were only seen when the site was stripped. The second option given in the report is to carry out archaeological monitoring and excavation of features as each stage of the proposed quarry progresses. The Archaeologist confirmed that in this case, this would be the most appropriate option, which has a proven track record for the existing quarry, and requested.

10.63. Historic England in their consultation response stated that they do not disagree with the conclusions of the assessments but questioned the methodology by which the significance levels were reached. Following this, the Applicant submitted an addendum to the Heritage chapter of the Environmental Statement, of which Historic England were re-consulted. At the time of writing however, no further response has been received.

10.64. MWJP Policy D08 lends support to those proposals that are able to conserve and, where practicable, enhance those elements that contribute to the significance of the area’s heritage assets (both built and archaeological) including their setting. ‘Saved’ Policy ENV1 of the Selby District Local Plan also seeks to protect, conserve and enhance the historic environment and assets and resist development proposals that would result in harm or loss of historic assets (including listed buildings) unless exceptional circumstances can be demonstrated. It is considered that with the proposed prior-commencement condition requiring the submission of a scheme of archaeological mitigation recording, along with the outcome of the assessments and consultation responses, that the proposed development is appropriate, is consistent with the NPPF and is compliant with policy.

Water Environment - Flood Risk and Drainage

10.65. It is acknowledged that objections received make reference to flood risk and drainage/pollution. The application site is primarily located within Flood Zone 1, with a small area of proposed phase 1 sited within Flood Zone 2, and as such a site-specific Flood Risk Assessment and a Hydrogeological Impact Assessment accompany the application. The assessments conclude that application site lies within the catchment of a high/very high sensitivity groundwater receptor characterised by the Sherwood Sandstone Principal Aquifer, Groundwater Source Protection Zone III, local abstractions and limited unsaturated zone thickness beneath the proposed quarry floor. The most significant potential effects are associated with the potential impact on groundwater quality from accidental spills/leaks of fuels or oils from plant and machinery and from rogue loads of non-inert material within the site restoration. Appropriate mitigation measures would be incorporated within the site’s CEMP, waste recovery permit and surface water management proposals, including maintaining a minimum 1.0m thickness unsaturated zone during mineral extraction, to reduce the significance of residual effects to negligible or minor (not significant).

10.66. The submitted Flood Risk Assessment (FRA) confirms that the majority of the site lies within Flood Zone 1, with only a small area along the northern boundary (small part of proposed phase 1) indicated as Flood Zone 2 on the Environment Agency strategic mapping. Using detailed flood data from the Upper Humber Flood Risk Mapping Study, the FRA demonstrates that whilst it is recognised that the application site is located adjacent to areas at risk of fluvial/tidal flooding, that there is a low risk of groundwater flooding during the operational life of the site. As such, the FRA concludes that the requirements of a sequential approach within the red line boundary are met.

10.67. The FRA suggests appropriate flood risk mitigation measures, including site access and evacuation off Long Lane, which is located entirely within flood zone 1; groundwater level monitoring is proposed, using a network of perimeter boreholes that have been installed around the site and routine on-site groundwater level monitoring and review would be undertaken during the operational phase (with increased frequency if groundwater levels rise within 2m of the base of the excavation); and appropriate management of surface water runoff is proposed, through the introduction of sustainable drainage techniques.

10.68. The relevant policies regarding this include Policy D09 of the MWJP, which states that permissions on sites not allocated in the Joint Plan, where relevant, would be determined in accordance with the Sequential Test and Exception Test for flood risk set out in national policy, with development which would lead to an unacceptable risk of, or be at an unacceptable risk from, all sources of flooding not permitted. Policies SP2 and SP15 of the Selby District Core Strategy also reflects this approach at the local level and requires flood risk to be managed by applying the sequential test in order to protect the natural environment and direct development to areas with the lowest flood risk. The NPPF (2024) requires development in areas at risk of flooding to follow a sequential, risk-based approach to ensure that development is directed to locations with the lowest probability of flooding (paragraphs 170–175).

10.69. Paragraph 170 of the NPPF requires that inappropriate development in areas at risk of flooding be avoided by directing development to areas at lowest risk and, where development is necessary, that it be made safe for its lifetime without increasing flood risk elsewhere. Paragraph 173 of the NPPF states that a sequential, risk-based approach should be taken to individual planning applications in areas known to be at risk of flooding by following the steps in the preceding paragraphs. In this case as stated within the FRA, the development adheres to this approach, and the majority of the development site falls within Flood Zone 1 (low probability of flooding), with only a small area along the northern boundary within proposed phase 1 falling within Flood Zone 2.

10.70. Paragraph 174 of the NPPF states that the aim of the sequential test is to steer new development to areas with the lowest risk of flooding from any source. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. In this case, the submitted information sets out that the development is a temporary use, which would be worked on a phased basis, with phased restoration following completion of each phase, and would not introduce vulnerable uses within the flood risk area. This also aligns with NPPF paragraph 222, that minerals are a finite resource and can only be worked where they are found.

10.71. Paragraph 175 of the NPPF sets out where a sequential test is required and clarifies that this applies where built development would be located within areas at risk of flooding. In this case, the site-specific FRA states that the majority of the site, including the main site area, lies within Flood Zone 1, with the extent of development within Flood Zone 2 being extremely limited. The FRA confirms no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that would be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk). It is therefore considered that the proposal does not require the sequential test.

10.72. Paragraph 181 of the NPPF states that new development should ensure that flood risk is not increased elsewhere. With mitigation secured by conditions, it is considered that the development complies with the NPPF flood risk policy, will be safe for its lifetime taking account of climate change, and will not increase flood risk elsewhere. The proposal is therefore assessed through site‑specific mitigation and conditions, rather than a site‑wide sequential test, which would be disproportionate given the nature of mineral extraction and the fact that minerals can only be worked where they occur.

10.73. Paragraph 182 of the NPPF states that applications which could affect drainage on or around the site should incorporate sustainable drainage systems to control flow rates and reduce volumes of runoff, and which are proportionate to the nature and scale of the proposal. At the time of writing this report, the LLFA have not provided a response to the initial consultation that was sent in July 2024, nor the chase up in January 2026. Due to the nature of sand and gravel extraction and operational procedures that avoid exacerbating flood risk, it is considered acceptable with the addition of a proposed condition for the submission of a surface water management plan, on which the LLFA would be consulted on prior to approval, in the absence of their response.

10.74. The Environment Agency offered a no objection response to the proposed development, however also stated that the proposed mineral extraction presents a risk to groundwater and water quality which is particularly sensitive in this location because the proposed development site is within source protection zone 3 and is located upon a principal aquifer. The proposed development would therefore only be acceptable if a planning condition is included requiring submission and subsequent agreement of a written surface water management plan for all development phases. Without this condition the EA state they would object to the proposal because it cannot be guaranteed that the development will not present unacceptable risks to groundwater resources and water quality. As requested, the proposed condition is found in the draft list at the end of this report.

10.75. The proposed development has therefore followed a sequential approach in practice, with flood risk informing the site layout and design from the start, consistent with paragraphs 170 and 173 of the NPPF. Paragraph 174 is met, as it is considered that the development is a temporary use, which would be worked on a phased basis, and which would not introduce vulnerable uses within the flood risk area. The absence of a formal Sequential Test document does not undermine policy compliance in this case, as the development has avoided areas of flood risk where reasonably possible and has limited unavoidable development in higher flood zones to the minimum necessary extent, therefore applying paragraph 175. As above, paragraphs 181 and 182 have been met, with having considered that flood risk is not increased elsewhere as a result of the development, and that appropriate drainage, through the submission of a surface water management plan is imposed by condition. It is therefore considered that the development would not increase the risk of flooding, and furthermore that the proposal is consistent with the general thrust of the relevant policies within the NPPF and compliant with MWJP Policy D09 (water environment), Policies SP2 and SP15 of the Selby District Core Strategy.

Highways matters – Traffic, transport and site access

10.76. The proposed development is anticipated to generate up to 56 HGV movements per day (28 in and 28 out), including vehicles associated with mineral extraction and vehicles associated with importation of inert materials for restoration, once restoration commences on a progressive basis. Access to the site would be from Long Lane. It is acknowledged that objections received make reference to impact from additional HGV movements along Long Lane and Broach Road, particularly the existing junction with Broach Road.

10.77. The ES includes an assessment of the potential highway and transportation impacts of the proposal. In terms of highway impacts, the ES concludes that the baseline review of the Study Area showed that the haulage route comprises predominantly A class roads that operate within capacity, already carry significant HGV flows (including haulage from the existing Hensall Quarry – which has now ceased) and do not appear to have any road safety issues that would be of concern in the context of the proposed development. The baseline review does not identify any area that would be classed as specifically sensitive and overall, it is considered that the traffic generation of the quarry would not have a material impact on the surrounding highway network. In conclusion, the proposed development is considered to be satisfactory in highway and transportation terms.

10.78. This is further affirmed by the Highways Authority, who confirmed no objection to the scheme, including capacity of the local highway network. However, with regard to the proposed access into the site from Long Lane, have asked the Applicant to implement the new access as per an updated plan (22-165-001). The access is to be built to a design prepared using D.M.R.B as the agreed standard of highway design and drawings will be submitted to the Highways Authority for approval via condition. Long Lane is of sufficient width to allow two HGVs to pass one another. The required visibility splay is 160 metres by 2.4m metres measured from the access in both directions. Four conditions have been requested, relating to visibility splays, delivery of the off-site highways works (new access from Long Lane), installation of wheel washing facilities and a construction management plan, all of which are in the conditions list at the end of this report.

10.79. National Highways were also consulted on this application, given the M62 lies immediately south of the site. They again confirmed no objection but requested three pre-commencement conditions in relation to the submission of an operational management plan, submission of evidence regarding boundary treatment/retaining structures/bunds/soil piling and the submission of a geotechnical risk assessment adjacent to the M62 boundary (see list of condition at the end of this report).

10.80. On balance and following the above, it is therefore considered that the use of the proposed new access of Long Lane, or the proposed operation as a whole, would not significantly impact upon the local highway network and it is therefore considered that the proposed development, specifically regarding highways matters is in accordance with Policy D03 of the MWJP and ‘saved’ Policy T1 of the Selby District Local Plan (2005) and paragraphs 109 and 110 of the NPPF.

Public Rights of Way

10.81. It is acknowledged that objections make reference to the public right of way (footpath reference 35.34/4/1) that crosses the proposed site and that the use of this would no longer exist if the proposed development were to go ahead. This is an unusual right of way as it does not connect through the site, it is effectively a dead end, terminating within the centre of the site. There is nothing existing within the site that the right of way appears to be connecting in to. There is equally no evidence present on site to demonstrate that the right of way is being used. Regardless of the level of use and its alignment, it is likely that this right of way would need to be temporarily stopped up to allow the mineral extraction works to be undertaken.

10.82. The right of way runs through what would be Phase 1 of the proposed site, however following a meeting with the PRoW Team it is acknowledged that, as above, this particular public right of way starts essentially in the middle of the field (proposed phase 1) and ends at the roadside and doesn’t link up to anything. Therefore PRoW team confirmed that the Applicant can apply to temporarily stop up the PRoW and reinstate it following restoration. This would be required once planning permission is gained and would be done under separate cover. The Public Rights of Way Team offered no further comment or concerns. As a result of the above, it is considered that the diversion or stopping up of the public right of way would not impact local amenity in terms of stopping its use, and is therefore not contrary to policy.

Economic Growth and Employment

10.83. Matters associated with the need for sand and gravel have been explained in the planning application and have been discussed above. Extensive work and assessments have carried out by the Applicant to find a suitable site following exhaustion of sand at the existing (former) Hensall Quarry. The Applicant has affirmed that they employ thousands of people over their company(ies), a handful of which would be employed directly on site, with more involved in the further distribution and transport of the mineral, which would be put at risk if the proposed development weren’t to go ahead. Given the progressive nature of the proposed mineral extraction and restoration operations at the site, it is considered unlikely that the proposals would have a significant impact on the agricultural employment associated with the site which in itself must be considered in the context of the actual onsite employment associated with mineral extraction, both of which are far outweighed by the employment associated with the mineral extraction. The sand and gravel extraction at the site would provide essential raw materials to what is a current shortfall of sand and gravel in this area, overall thereby safeguarding employment in the local area and nationally.

10.84. Selby District Core Strategy Policy SP13 seeks to encourage sustainable development in rural areas, which brings sustainable economic growth through local employment opportunities or expansion of businesses; specifically, where a particular development is appropriate in scale and type to its location, does not harm the character of the area, and seeks a good standard of amenity. It is considered that the proposed development meets the objectives of this policy in providing employment through sustainable development in an appropriate location which is of scale.

Climate Change

10.85. A climate change impact assessment was submitted to accompany the ES, considering the likely effects arising from the proposed development. The assessment concludes that, overall, the residual effect of the proposed development was deemed to be minor adverse and not significant, over the long term.

10.86. Following the restoration of the site, the proposed development would result in a significant positive effect on the biodiversity and habitats at the site. It is concluded in the ES that the proposed mineral extraction and restoration operations would not result in a significant impact on water resources at or in the vicinity of the site.

10.87. It is proposed that the site would be restored using onsite overburden and soils together with imported inert restoration materials. Inert restoration materials would not degrade to generate landfill gas; hence, it would not result in a significant and permanent release of landfill gas to the atmosphere. It is considered that the development would not increase the risk of flooding, subsequently not posing a significant risk to climate change and therefore is compliant with Policy SP15 of the Selby District Core Strategy which relates to Sustainable Development and Climate Change (see section 6 for summary of Policy) and paragraph 149 of the NPPF.

Obligations under the Equality Act 2010

10.88. Under Section 149 of The Equality Act 2010 Local Planning Authorities must have due regard to the following when making decisions: (i) eliminating discrimination, harassment, and victimisation; (ii) advancing equality of opportunity 56 between persons who share a relevant protected characteristic and persons who do not share it; and (iii) fostering good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics are age (normally young or older people), disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

10.89. Given the substantial scale of the site and the works involved with the development, if approved, the development is considered to have an impact on amenity of a nature and duration that is potentially likely to affect older and younger people, people with disabilities or people who are pregnant, if not factors are not mitigated to protect the local amenity.

10.90. Therefore, in order to ensure that the Council fulfils its duty under Section 149 of the Equality Act and is consistent with MWJP Policy D15: Planning obligations it needs to be ensured that if planning permission is granted, the decision notice includes conditions which require the impacts on those residents with the aforementioned protected characteristics to be mitigated as much as possible, taking into consideration their specific requirements and needs.

Deed of Unilateral Undertaking

10.91. The following Heads of Terms have been agreed with the applicant for this applications.

Table 1
Category/Type	Contribution	Amount & Trigger
Biodiversity Net Gain	Biodiversity Net Gain Monitoring Contribution	£4,415.00 (four thousand four hundred and fifteen pounds) to be paid within 30 working days of the start of the maintenance period.

10.92. The HMMP sets out the management and monitoring requirements for a period of 30 years following completion of the habitat creation and enhancement works, including the methodology and frequency of reporting to the local planning authority.

10.93. Due to the scale and complexity of the BNG measures, the local planning authority will need to review multiple monitoring reports over the 30-year period. In line with the Council’s guidance, a local authority monitoring fee of £4,415 has been identified to cover the costs of reviewing and assessing these reports over the 30-year period.

11.0 Planning balance and conclusion

11.1. Under the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the starting position for the determination of this planning application is the ‘Development Plan’. The decision must be made in accordance with the extant policies of the development plan, unless there are material considerations, including the NPPF and merging plans indicate otherwise. The assessment of material considerations within the overall ‘planning balance’ has been considered in Section 10.0 of this report.

11.2. There are a range of policies in the ‘Development Plan’ to which due regard must be had and the proposal has been assessed against the development plan policies and national policy and guidance. The relevant policy documents of the ‘Development Plan’ are set in Section 6.0 of this report. In considering the relationship of the proposals to the ‘Development Plan’, the proposal must be judged against the ‘Development Plan’, as a whole rather than against individual policies in isolation and acknowledge that it is not necessary for proposals to comply with all policies in order to be found acceptable

11.3. The proposed development seeks the extraction and exportation of approximately 1.2 million tonnes of sand and gravel progressively over a 14-year period, with restoration undertaken progressively. The site is located adjacent the former Hensall Quarry, which lies on the opposite side of Broach Lane. Sand and gravel aggregate proposed to be extracted would contribute to a wide variety of uses within the construction industry, including as a key part of the production of concrete and tarmac.

11.4. The sand and gravel aggregate extracted by the same Applicant (FCC Environment) was formally obtained from Hensall Quarry, which is now closed and extraction exhausted, pending final restoration. As such, this important supply of sand and gravel needs to be replaced.

11.5. The principle of the proposed development is considered acceptable in land use planning terms as it would provide an important and needed supply of sand and gravel to the area. Its location is considered appropriate due to its proximity to the local highway network and with it being an effective continuation of the former Hensall Quarry which lies adjacent Broach Road.

11.6. As outlined in Section 10.0 of this report, it is considered there are no material planning considerations to warrant the refusal of this planning application. The application, along the supporting documents and additional information, has been assessed and it is considered that, following receipt of amended information to relocate the subsoil storage bund, the proposed development would not have an adverse impact on the local amenity, landscape, ecology, local highway network, water environment, historic environment or public rights of way. Although the proposed development would lead to a change to the landscape, it is not considered to be significantly material so as to outweigh the benefits of the proposal. Furthermore, the proposed planting and would introduce features appropriate to the surrounding location and enhance the natural environment as well as contribute to the biodiversity of the area.

11.7. For the reasons outline above, the development is therefore considered to be in compliance with the Adopted Development Plan policies as a whole and consistent with national planning policy contained within the NPPF.

12.0 Recommendation

12.1 That planning permission be GRANTED subject to conditions listed below and completion of a Deed of Unilateral Undertaking with terms as detailed in Table 1.

Conditions:

Commencement of Development

1. The development to which this permission relates shall be implemented no later than the expiration of three years from the date of this Decision Notice. The date of which shall be notified in writing to the Local Planning Authority within 7 days of commencement.

Reason: To comply with Section 91 of Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Notification of Commencement

2. Written notification of the commencement of each of the following stages of the development shall be provided in writing to the Local Planning Authority within seven (7) days of each of the following:

i. Soil stripping operations and construction of soil storage/screening mounds.

ii. Extraction of surface mineral.

iii. Cessation of mineral extraction.

Reason: To enable the Local Planning Authority to monitor the development to ensure compliance with this permission.

Time Limit

3. The permission hereby granted authorises the extraction of minerals for a period of 14 years following the commencement of soil stripping operations to be notified to the Local Planning Authority for the purposes of condition 2. Thereafter the development hereby permitted shall be discontinued and all plant and machinery shall be removed from the site and the site shall be restored in accordance in accordance with the Illustrative Landscape Restoration Plan (Ref. N1254-ONE-ZZ-XX-DR-L-0001 P04, dated 20 December 2024) within a further two-year period.

Reason: To reserve the rights of control of the County Planning Authority to ensure restoration of the land with the minimum of delay in the interests of amenity.

Cessation of Operations

4. In the event of mineral extraction ceasing on the site for a continuous period in excess of 12 months before the completion of the development hereby permitted for the purposes of condition 3, a revised scheme of restoration and landscaping including a revised time line for completion, shall be submitted within 14 months of such cessation to the Local Planning Authority for approval in writing. The approved scheme of restoration and landscaping shall thereafter be implemented in full and in accordance with the requirements of the approved scheme.

Reason: To ensure restoration is undertaken as soon as practicable in the interests of amenity

Removal of Permitted Development Rights

5. Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 2015 Order 2015 Part 17 Mining and Minerals Exploration (or any other order revoking or re-enacting the order) no plant or buildings shall be erected on the site except as provided for the development hereby permitted without the prior written approval of the Local Planning Authority.

Reason: To reserve the rights of control of the Local Planning Authority and in the interests of amenity.

Decision Notice

6. A copy of the planning permission and any agreed variations and approved details and schemes and programmes for the purposes of the conditions, together with all the approved plans shall be kept available at the site office at all times and made known and available to managing and supervising staff on the site.

Reason: To ensure that site personnel are aware of the terms of the planning permission.

Approved Documents and Plans

7. The development hereby permitted shall be carried out in accordance with the application details dated 3 July 2024 and the approved documents listed below and the following conditions which at all times shall take precedence.

Ref	Title	Date
N1254-ONE-ZZ-XX-DR-L-0002 P02	Site Boundary Plan	17 May 2024
N1254-ONE-ZZ-XX-DR-L-0003 P02	Location Plan	March 2023
BR24	Block Plan	27 June 2024
-	Proposed Extraction Cross Sections	17 May 2024
22-165/001	Proposed Site Access & Visibility Splays	4 December 2024
22-165 TK01	Swept Path Analysis	4 December 2024
BR22-2	Proposed Extraction Design & Phasing Scheme	2 June 2023
BR25-3	Phase 1 & Initial Soil Strip	18 December 2025
BR25-4	Phase 2 Working Scheme	18 December 2025
BR25-5	Phase 3 Working Scheme	18 December 2025
BR25-6	Phase 4 Working Scheme	18 December 2025
BR25-7	Phase 5 Working Scheme	18 December 2025
BR25-8	Phase 6 Restoration Scheme	18 December 2025
BR25-9	Phase 7 Completed Works	18 December 2025
-	Proposed Perimeter Bund Cross Section	19 December 2025
N1254-ONE-ZZ-XX-DR-L-0001 P04	Illustrative Landscape Restoration Plan	20 December 2024
N1254-ONE-ZZ-XX-DR-L-0004 P02	Illustrative Landscape Plan (Operation)	16 April 2025
-	Non-Technical Summary	March 2024
-	Planning and Environmental Statement (and all figures and appendices)	March 2024

Reason: To ensure that the development is carried out in accordance with the application details.

Minerals Extraction Phasing

8. The mineral extraction, hereby permitted, shall take place only in accordance with the phasing arrangements indicated on the plans set out below:

Plan Ref.	Title	Date
BR22-2	Proposed Extraction Design & Phasing Scheme	2 June 2023
BR25-3	Phase 1 & Initial Soil Strip	18 December 2025
BR25-4	Phase 2 Working Scheme	18 December 2025
BR25-5	Phase 3 Working Scheme	18 December 2025
BR25-6	Phase 4 Working Scheme	18 December 2025
BR25-7	Phase 5 Working Scheme	18 December 2025
BR25-8	Phase 6 Restoration Scheme	18 December 2025
BR25-9	Phase 7 Completed Works	18 December 2025

No extraction operations shall take place in any phase until mineral within the immediately preceding phase have been substantially worked out.

Reason: To secure a good standard of progressive restoration and safeguard the character of the site in the interests of visual amenity.

Hours of Operation

9. There shall be no minerals extraction, processing, soil stripping, infilling or works in relation to restoration carried out at the site except between the following times:

07:00 –18:00hrs Monday to Friday

07:00 – 13:00hrs Saturdays.

And at no times on Sundays and Bank (or Public) holidays.

This condition shall not apply to emergency works within the quarry hours and in such situations the operator shall inform the Local Planning Authority in writing of the emergency situation within 24 hours of the event.

Reason: In the interests of amenity of the area

Vehicle Numbers

10. The total number of heavy goods vehicles (as defined by this permission) accessing and leaving the application site shall not exceed 56 per day (28 going into the site and 28 going out) over any three-month period.

Reason: In the interests of highway safety and the local amenity of the area.

Vehicle Numbers Records

11. A written record of all heavy goods vehicle (as defined by this permission) movements into and out of the site shall be maintained and retained for a period of six months. The records shall contain the vehicles’ weight, registration number and the time and date of movement. The record shall be made available for inspection to the Local Planning Authority at the site office during permitted working hours or within two working days of any written request made by the Local Planning Authority.

Reason: To enable the verification of vehicle movements limited under condition no.9.

Vehicle Sheeting

12. All heavy goods vehicles (as defined by this permission) exporting mineral from the site shall be securely sheeted or otherwise enclosed in such a manner as to prevent dust blowing from materials and to prevent material being spilled onto the public highway.

Reason: In the interests of highway safety to prevent material being spilled onto the public highway and protect the amenities of the area.

Visibility Splays at Long Lane

13. There must be no access or egress by any vehicles between the highway and the application site at Long Lane until splays are provided giving clear visibility of 160 metres measured along both channel lines of the major road from a point measured 2.4metres down the centre line of the access road. In measuring the splays, the eye height must be 1.05 metres and the object height must be 0.6 metres. Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: In the interests of highway safety

Delivery of off-site highway Works

14. The following schemes of off-site highway mitigation measures must be completed as indicated below:

· New Access into the Quarry from Long Road prior to any operation within the quarry

For each scheme of off-site highway mitigation, except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme must take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority.

An independent Stage 2 Road Safety Audit carried out in accordance with GG119 - Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of works on site.

A programme for the delivery of that scheme and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority prior to construction works commencing on site.

Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme.

Reason: To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

Wheel Washing Facilities

15. Prior to the site opening to operational traffic vehicle wheel washing facilities must be installed on the site access road at Long Road in accordance with details to be submitted to and approved in writing by the Local Planning Authority. These facilities must be kept in place in full working order and available for use whilst the site is operational. All vehicles involved in the transport of waste materials or finished products from the site must leave the site through the wheel washing facility so that no mud or waste materials are deposited on the public highway.

Reason: In the interests of highway safety and amenity.

Construction Management Plan

16. No development for any phase of the development must commence until a Construction Management Plan for that phase has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved Construction Management Plan. The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

· restriction on the use of Long Road access for construction purposes

· wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway

· the parking of contractors’ site operatives and visitor’s vehicles

· areas for storage of plant and materials used in constructing the development clear of the highway

· measures to manage the delivery of materials and plant to the site including routing and timing

· of deliveries and loading and unloading areas

· details of the routes to be used by HGV construction traffic and highway condition surveys on these routes

· protection of pedestrians at all times during construction

· protection of contractors working adjacent to the highway

· details of site working hours

· erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate

· means of minimising dust emissions arising from construction activities on the site, including details of all dust suppression measures and the methods to monitor emissions of dust arising from the development;

· measures to control and monitor construction noise

· an undertaking that there must be no burning of materials on site at any time during construction

· removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works

· details of the measures to be taken for the protection of trees

· details of external lighting equipment

· details of ditches to be piped during the construction phases

· a detailed method statement and programme for the building works; and

· contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

Reason: In the interest of public safety and amenity

Operational Management Plan

17. Prior to the commencement of operations within phases 4 and 5 a detailed Operational Management Plan is required to be submitted to and approved in writing by the Local Planning Authority in consultation with National Highways (or its successors). Thereafter the operation of the development hereby approved shall be undertaken in accordance with the approved plan.

Reason: To manage operational impacts for the M62 and ensure the safe and efficient operation of the SRN.

Boundary Treatment

18. Unless otherwise agreed in writing by the Local Planning Authority in consultation with National Highways, commencement of development in phases 4 and 5 hereby approved shall not take place unless and until evidence has been provided to demonstrate that the development complies with Paragraphs 57 and 59 of the DfT Policy Paper ‘strategic road network and the delivery of sustainable development’ [December 2022]. All works shall be undertaken in accordance with the agreed plan and maintained as such thereafter.

Reason: to ensure the safe and continued operation of the SRN.

Earthworks

19. No development earthwork or construction within phases 4 and 5 hereby approved shall commence until a geotechnical risk assessment of the works adjacent to the M62 boundary has been satisfactorily completed. This should accord with the requirements of CD622 of the Design Manual for Roads and Bridges (DMRB) and shall be agreed by the local authority in conjunction with National Highways.

Reason: to ensure the safe and continued operation of the SRN and our assets.

Noise limitations

20. The equivalent continuous noise level due to operations at the quarry shall not exceed the noise levels stated at the nearest façade or boundary of the following residential properties or locations as per table 14.13 within the Planning and Environmental Statement, shown below:

Measurements shall be hourly LAeq measurements and be corrected for the effects of extraneous noise. In the event that the noise levels are exceeded, those operations at the site causing the excessive noise shall cease immediately and steps taken to attenuate the noise level to ensure compliance with the specified levels.

Reason: To control the impact of noise generated by the development in the interests of local amenity.

Noise Limitation Exceptions

21. Notwithstanding the noise limits imposed within Condition 20 (above), an exceptional temporary daytime noise limit is permitted for up to 8 weeks in a calendar year, to facilitate essential site preparation and restoration work such as soil-stripping, the construction and removal of baffle mounds, soil storage mounds, construction of new permanent landforms and site road maintenance. This is a maximum limit of 70 LAeq,1hour (free-field) at the nearest façade or boundary to the properties as specified in condition 20 above.

The dates and timescale should be notified to the Local Planning Authority and the Parish Council, at least two weeks prior to any anticipated works as described herein.

In the event that the 70dB(A) limit is exceeded, those operations at the site causing the excessive noise shall cease immediately and steps shall be taken to attenuate the noise level to be in compliance with the 70dB(A) limit.

Reason: To control the impact of noise generated by the development while soil stripping in the interests of local amenity.

Exceeded Noise Levels

22. In the event that any noise levels specified in condition 20 are exceeded, those operations at the site causing the excessive noise shall cease immediately and steps be taken to attenuate the noise level to be in compliance with condition 20.

Reason: To control the impact of noise generated by the development in the interests of local amenity.

Plant Noise Attenuation

23. All plant, machinery and vehicles used on any part of the site shall be fitted with effective noise attenuating equipment and include either non-audible, ambient-related or low-tone reverse warning alarm systems which shall be regularly maintained and employed at all times during permitted operational hours.

Reason: To ensure that noise impacts associated with the plant, machinery and vehicles at the site would be minimised in the interests of local amenity.

Dust Mitigation

24. Dust control measures shall be employed to minimise the emission of dust from the site. A visual assessment shall be made at the commencement of daily operations and at intervals during the day. A daily log of assessments and necessary remedial measures shall be kept at the weighbridge office for one (1) year and made available to the Local Planning Authority upon written request. Remedial measures shall include the spraying of roadways, hard surfaces and stockpiles and discontinuance of soil movements during periods of high winds. Action taken to mitigate and monitor dust emissions from the site shall include that specified in the Environmental Statement.

Reason: To control the impact of dust generated by the development in the interests of local amenity.

Detailed lighting scheme (Discharge Prior to Commencement Required)

25. Prior to the commencement of development a scheme and programme for the external lighting of the site shall be submitted to the Local Planning Authority for approval in writing. The Scheme and Programme shall include the phasing of the implementation of the approved scheme relative to the phases of the development to ensure the minimum lighting necessary is employed throughout the respective phases.

Lighting shall only be erected and operated in accordance with the approved Scheme and Programme throughout the operational life of the site. All lighting shall be removed from the site following completion of the development.

Reason: This is a pre-commencement condition and is required given the particular circumstance and imposed to control the impact of light and light pollution generated by the development in the interests of local amenity.

Soil Resource Maintenance Strategy (Discharge Prior to Commencement Required)

26. Prior to the commencement of development a Soil Maintenance and Management Strategy shall be submitted and approved by the local planning authority. The approved management plan should include:

· details for soil management at each working and restoration phase

· details for soil volumes and

· height of temporary stores

· quality monitoring for imported soils and material to be used for restoration

Reason: To safeguard the topsoil and subsoil resources available on site for restoration purposes.

Soil Management

27. The development shall be carried out in accordance with the below soil resource management requirements throughout the lifetime of the development:

a) No soils shall be stripped, moved, placed or removed during the months of November to March inclusive, unless the soils are in a dry and friable condition.

b) During soil stripping, placement and removal, machinery shall be routed to avoid compaction of such soils.

c) No topsoil or subsoil shall be removed from site.

d) All topsoil and subsoil shall be retained for restoration of the site.

e) All topsoil and subsoil shall be stored in separate mounds that do not overlap or immediately be utilised in the restoration of the site.

f) The topsoil and subsoil mounds shall be graded and seeded within one month of their construction and thereafter retained in a grassed, weed free condition throughout the duration of the development pending their use in the restoration of the site.

Reason: To safeguard the topsoil and subsoil resources available on site for restoration purposes.

Advanced Landscape Works (Discharge Prior to Commencement Required)

28. Prior to the commencement of the first phase of surface mineral extraction as notified to the Local Planning Authority for the purposes of condition 2, a scheme for advanced planting must be submitted to and approved by the local planning authority.

Any trees, hedgerow or plants which, within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species and shall thereafter be retained and maintained for a period of 5 years.

Reason: To secure a good standard of progressive restoration and safeguard the character of the site in the interests of visual amenity.

Landscape Scheme

29. Within 12 months of the date of this permission details of hard and soft landscape works shall be submitted to the Local Planning Authority for approval in writing. These details shall include Hard landscape works:

· existing site features proposed to be retained or restored including trees, hedgerows, walls, fences, artefacts, and structures,

· proposed finished levels and/or contours,

· proposed grading and mounding of land showing relationship of surrounding land

· proposed use of high quality peaty/organic soils for the restoration of the site.

· other vehicle and pedestrian access and circulation areas,

· details of pumping, ground water recharge and ground water monitoring.

· details of means of enclosure, fencing and gates

Soft landscape works:

· planting plans

· (j) written specifications (including soil depths, cultivation and other operations associated with plant and grass establishment) and

· (k) schedules of plants noting species, planting sizes and proposed numbers/densities, means of support and protection.

Thereafter the hard and soft landscape works shall be undertaken in accordance with the approved details and shall thereafter be managed and maintained in accordance with the approved landscaping scheme.

Reason: To protect the amenity of the area and to ensure the provision and establishment of acceptable landscaping.

Tree and Hedgerow protection management plan (Discharge Prior to Commencement Required)

30. Prior to the commencement of development, a tree and hedgerow protection management scheme must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the protection, retention management of existing hedgerows, trees and vegetation around the wider quarry during the operational period. This should progressively include vegetation within newly restored areas at completion of each working phase.

Reason: This is a pre-commencement condition and is required given the particular circumstance and imposed to adequately control the development and to safeguard the character of the site in the interests of visual amenity.

Farmland Bird Mitigation Plan

31. Prior to the commencement of development, a Farmland Bird Mitigation Plan scheme must be submitted to and approved in writing by the Local Planning Authority.

Reason: in the interests of aerodrome safeguarding.

Ecological Mitigation Measures

32. The development shall at all times be carried out in accordance with the recommendations for ecological mitigation set out paragraphs 8.131 to 8.138 of the Planning Application & Environmental Statement.

Reason: In the interests of protecting biodiversity and ecological sensitive areas.

Method Statement for Amphibians and Reptiles (Discharge Prior to Commencement Required)

33. Prior to the commencement of development a Method Statement for minimising risks to amphibians and reptiles must be submitted to and approved in writing by the Local Planning Authority. This method statement is required to consist of the requirements in paragraphs 8.137 & 8.138 of the Ecology Chapter of the Environmental Statement.

Reason: In the interests of protecting biodiversity and ecology.

Biodiversity Gain Plan

34. Any phase biodiversity gain plan shall be in accordance with the Overall Biodiversity Gain Plan approved for the purposes of paragraph 13 of Schedule 7A of the Town and Country Planning Act or such revised version of the overall gain plan submitted to and approved in writing by the local planning authority.

Reason: In order to meet the requirements of Schedule 7A of the Town and Country Planning Act 1990 to achieve biodiversity net gain.

Habitat Management and Monitoring Submission

35. The restoration shall not commence until a Habitat Management and Monitoring Plan (HMMP), prepared in accordance with the approved Biodiversity Gain Plan has been submitted to, and approved in writing by, the local planning authority and including:

a) a non-technical summary

b) the roles and responsibilities of the people or organisation(s) delivering the HMMP

c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Phased Biodiversity Gain Plan

d) the management measures to maintain habitat in accordance with the approved Phased Biodiversity Gain Plan for a period of 30 years from the completion of Biodiversity net gain works

e) the monitoring methodology and frequency in respect of the created or enhanced habitat to be submitted to the local planning authority.

Within 28 days of the restoration works being complete, the Habitat Management and Monitoring Plan (HMMP) shall be implemented in accordance with the approved details and managed and maintained for the full 30 year period of aftercare from the completion of the development.

Reason: To ensure the development delivers biodiversity net gain and secures long-term habitat management.

Biodiversity Net Gain Implementation

36. The Local Planning Authority shall be notified in writing when HMMP works for any phase have commenced, within seven days.

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

37. Within 28 days of the habitat creation and enhancement works, as set out in the approved HMMP for that phase, having been completed a completion report evidencing the completed habitat enhancements for that phase is required to be submitted to, and approved in writing by the Local Planning Authority in consultation with Ecology.

Reason: To ensure the development delivers a biodiversity net gain on site in accordance with Schedule 7A of the Town and Country Planning Act 1990.

Written Scheme of Investigation Submission (Discharge Prior to Commencement Required)

38. Prior to the commencement of development a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include:

· an assessment of significance and research questions; and: The programme and methodology of site investigation and recording

· Community involvement and/or outreach proposals

· The programme for post investigation assessment

· Provision to be made for analysis of the site investigation and recording

· Provision to be made for publication and dissemination of the analysis and records of the site investigation

· Provision to be made for archive deposition of the analysis and records of the site investigation

· Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

No development shall take place other than in accordance with the Written Scheme of Investigation.

The condition shall not be discharged until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

Reason: This is a pre-commencement condition required to protect the archaeological heritage of the area.

Surface Water Management Plan (Discharge Prior to Commencement Required)

39. Prior to the commencement of development a written surface water management plan for all development phases has been submitted to, and approved in writing by, the local planning authority. This should detail relevant pollution prevention aspects, such as sources of potential pollution, pathways and potential receptors, as well as any methods of containment and disposal, plus an appropriate plan for monitoring.

Reason: In the interests of water management.

Protection of the Natural Environment

40. There shall be no quarrying or other excavation below a level of 4 metres Above Ordnance Datum (AOD). The operator shall when requested shall submit a topographical survey to show compliance with the approved levels.

Reason: To protect underlying groundwater resources from pollution and to preclude over deepening of quarry faces.

Pollution Control

41. Any oil, fuel, lubricant, paint or solvent within the site must be stored so as to prevent such materials contaminating topsoil or subsoil or reaching any watercourse. Any fixed oil or fuel tanks must:

· be surrounded by a fully sealed impermeable enclosure with a capacity not less than 110% of that of the tank so as to fully contain their contents in the event of spillage

· if there is multiple tankages, the enclosure must have a capacity not less than 110% of the largest tank

· all filling points, vents and sight glasses must be within the sealed impermeable enclosur;

· there must be no drain through the impermeable enclosure.

Reason: To deal with contaminated drainage to protect the quality of and prevent pollution of the ground and water environment.

Restoration Scheme (Discharge Required)

42. Within 12 months of the date of commencement of surface mineral extraction as notified to the Local Planning Authority for the purposes of condition 2 to this permission of the site, a detailed restoration scheme shall be submitted to the Local Planning Authority for approval in writing. The scheme and programme shall include details of the following: -

a) the sequence and phasing of restoration clearly showing their relationship to the working scheme and surrounding landscape

b) timing, phasing and method of replacement of top and subsoils

c) the ripping of any compacted layers of final cover to ensure adequate drainage and aeration; such ripping should normally take place before placing of the topsoil

d) the machinery to be used in soil re-spreading operations

e) the final levels of the restored land

f) drainage of the restored land including the formation of suitably graded contours to promote natural drainage and the installation of artificial drainage;

g) Details of the materials to be used as part of the final restoration surface.

h) Details for the planting of trees and shrubs including numbers, types and sizes of species to be planted, location and layout of planting areas, protection measures and methods of planting.

i) Details for the management of any landscaping areas including maintenance of tree and shrub planting and grazing or mowing of seeded areas.

j) Details of trees and shrubs that are to be retained post restoration of the site.

k) Details for the seeding of any landscaping areas including mixes to be used and rates of application.

l) the boundaries of the lakes to be left on conclusion of workings, including any islands or promontories to be left or formed with overburden or surplus material, and the battering down of the restored banks of the lakes and

m) a timetable for implementation.

The approved scheme and programme shall be implemented in the first available planting season. A review of the restoration scheme can be requested by the local planning authority in writing at the end of each phase of extraction.

Reason: To protect the amenity of the area and to ensure the provision and establishment of acceptable landscaping.

Aftercare Scheme

43. Within 24 months of the date of commencement of surface mineral extraction as notified to the Local Planning Authority for the purposes of condition 2 of this permission, a detailed scheme and programme for the aftercare of the site for a period of 5 years to promote the afteruse of the site shall be submitted to the Local Planning Authority for approval in writing. The scheme and programme shall contain details of the following:

· Maintenance and management of the restored site to promote its intended use and the establishment of the restored site.

· Weed control where necessary.

· Measures to relieve compaction or improve drainage, which would include temporary and long term water control measures.

· Maintenance and replacement of trees, shrubs and vegetation, weed control and re-staking and re-planting any failures.

· An annual inspection in accordance with condition 45 to be undertaken in conjunction with representatives of the Local Planning Authority to assess the aftercare works that are required the following year.

Thereafter the aftercare of the site shall be carried out in accordance with the approved scheme and programme including weed control, replacement of dead and dying trees shrubs or plants with species of similar size and species and maintenance of protection measures. A review of the aftercare scheme can be requested by the local planning authority in writing at the end of each phase of extraction.

Reason: To comply with the requirements of Schedule 5 of the Town and Country Planning Act 1990 and to ensure restoration of the land to the standard required for agriculture and amenity purposes.

Annual Review

44. Every 12 months from the date of this permission or another month otherwise agreed with the operator, a review of the previous year’s landscaping, working, restoration and aftercare shall be supplied to Local Planning Authority. The review shall take account of any departure from the approved scheme and revised schemes shall be submitted to the Local Planning Authority for approval providing for the taking of such steps as may be necessary to continue the satisfactory landscaping, working, restoration and aftercare of the site.

Reason: To secure a good standard of progressive restoration in the interests of amenity and protecting the character of the area.

Annual Meeting

45. An annual meeting shall be held between the operator and the Local Planning Authority to review schemes of working, restoration, landscaping and aftercare issues, to be held 6 months from the commencement of development and every 12 months thereafter for the operational and restoration phases of the site. During the aftercare period the council may request further meetings as and when required. This meeting shall include all interested parties and technical advisers (including local groups, relevant heritage bodies, Landowners, council officers and conservation bodies)

Reason: In the interests of ensuring compliance and an orderly and progressive pattern of working and restoration.

Definitions

Completion of Restoration: The date the Local Planning Authority certifies in writing that the works of restoration in accordance with the conditions of this permission have been completed satisfactorily.

Heavy goods vehicle: a vehicle of more than 3.5 tonnes gross weight.

Informatives

NYC Highways - MHi-F Delivery of off-site highway works –(MHC07):

Notwithstanding any valid planning permission for works to amend the existing highway, there must be no works in the existing highway until an Agreement under Section 278 of the Highways Act 1980 has been entered into between the Developer and North Yorkshire Council as the Local Highway Authority. To carry out works within the highway without a formal Agreement in place is an offence.

National Highways:

Our structures team have highlighted an interest in the proposed temporary stockpiling of soil in the southeast corner of the site near M62/145.80 Gravel Pit Bridge (STKEY 4470). Our records show this bridge is founded on spread footings (see attached ROADS 277).

Ecology: Statutory Biodiversity Condition (Phased Development)

Deemed Condition:

1.1.1 Development may not be begun unless:

(a) either:

(i) a biodiversity gain plan for that overall development has been submitted to the planning authority; and

(ii) the planning authority has approved that plan

(b) or:

(i) a biodiversity gain plan for the overall development has been approved

(ii) permission has been granted on an application made under section 73 and

(iii) the earlier biodiversity gain plan for that overall development is regarded as approved under section 73(2C) and (2D) for the purpose of the permission granted under section 73.

A biodiversity gain plan is a plan which:

() relates to the development for which planning permission is granted

() specifies the following matters:

() information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat

() the pre-development biodiversity value of the onsite habitat

() any registered offsite biodiversity gain allocated to the development before the date of submission of the biodiversity gain plan and the biodiversity value of that gain in relation to the development

() any registered offsite biodiversity gain proposed to be allocated to the development and the biodiversity value of that gain in relation to the development

() any biodiversity credits purchased before the date of submission of the biodiversity gain plan

() any biodiversity credits proposed to be purchased for the development

() the post-development biodiversity value of the onsite habitat for the overall development

() except in a section 73 case, the post-development biodiversity value of the onsite habitat for each phase of development

() in a section 73 case, the post-development biodiversity value of the onsite habitat for each phase of development (whether begun or otherwise); and

() such other matters as the Secretary of State may by regulations specify.

1.1.2 No phase of development may be begun unless the following has been met in respect of that phase:

() either:

() a biodiversity gain plan for that phase has been submitted to the planning authority; and

() the planning authority has approved that plan

() or:

() permission has been granted on an application made under section 73; and

() an earlier biodiversity gain plan for that phase is regarded as approved under section 73(2C) and (2D) for the purpose of the permission granted under section 73.

A biodiversity gain plan for a phase is a plan which:

() relates to the development for which planning permission is granted

() specifies the following matters:

() the post-development biodiversity value of the onsite habitat for the phase of the development to which the biodiversity gain plan relates

() the post-development biodiversity value of the onsite habitat for each other phase of development (whether begun or otherwise)

() any registered offsite biodiversity gain which is proposed to be allocated to the development and the biodiversity value of that gain in relation to the development

() any biodiversity credits purchased for the development before the date of submission of the biodiversity gain plan

() any biodiversity credits proposed to be purchased for the development; and

() such other matters as the Secretary of State may by regulations specify

Statutory Exemptions for BNG

Informative: Statutory Exemptions in Respect of the Biodiversity Gain Condition

Based on the information available this permission is considered not to require the approval of a biodiversity gain plan before development is begun because the development is below the de minimis threshold, meaning development which: does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).

Target Determination Date: 5 November 2024

Case Officer: Amy Taylor,