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J)JDArED Bd Othuer

B.A. price, Eso..County C^lerk and Chief ixecuuve,

County Buildinps.Martin Streei

Stafford,ST16 2LH

Ref: 4lpLD/17/8/7t97

1996

a

STAFFORDSHIRE COUNTY COUNCIand

TARMAC QUARRY PRODUCTSLIMITED

andCROXDEN QUARRIES LIMITED

TARMAc RoADsTof;ToLDINGS LIMITED_ andLANDS IMPROYEMENT FINANCE LIMITED

andW.A. FAIRBAIRN

AGREEMENT

uo|.: l::!ol 106 Town and Country planning

*:l 1999 (a; amended) relaung to Croxdenquarry Freehay Near Cheadle StaforAstrire

INDEX OF PLANS referred

to in Sl06 Agreement aatea 3fC[...ft.tanar:l996made between

Staffordshire County Council ( I ) Tarmac Quarry Products (2) Croxden

Quarries Limited (3) Tarmac Roadstone l{olclings Limited (4) LandImprovement Finance Limited (5) and W.A. Fairbairn

""d-V*FFCamm+e-(6)

Relating to Croxden Quarry Freehay near Cheadle Stafibrdshire

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)

Plan A - Site

Drawing No.

Dra*'ing No.

Drawing Nc.

Page

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2

3

4

5

6, tI

9

lc

ll

t2

l-1

14

15

l6

1,1

t8

Plan

90BST/201 ) School Lane

90RST/202 ) Highway Wori<s

C57/l/106 - Land dedicatron(,1/

PBBRCT/o0l )

PBBRcr62 )' !.1PBBRCT{003 )

PBBRCT&04 )

New C'ounsiorv

Road

5. Drawing No. C57l2i l06,4. - Land dedication

6. Drawing No. 2H0658/ROO/02 - Clause !,. l6

7. Plan B - Vehicle routing

8. Plan A(l ) - Exlended Aftelcare lanrl

9. Plan C - Permission No. NC8500

10. Plan D - i,cgal Ciharge - clause 19

I l . Drawing No. C57i74A - Applicatron r\rca

l?. Drawing Na (l57i85li - Pirasc'A.

I -l. Drawing lio C57l8o - llhase B

14. Dra.,ving Nc'. C57/ti7 - Phase C

Ir

It5

I6,

I7

Dralving No.

I)rarv irrg No.

Dr:iwing No.

C57l88C - Phase D

C'57i89;\ - Phasc E

C57n0A - Final Restoration

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2l

THIS AGREEMEN TismadetrreTh\td oayorOClebel l9e6B E T W E E N STAFFORDSHIRE COUNTY COUNCIL (hereinafter calted"the county") of county Buildings Marrin street stafford of the first part andTARMAC QUARRY PRODUCTS LIMITED (Company Registered No. 453191)(hereinafter calred "the Firsr owner") whose registered office is situate ar MillfieldsRoad Etringshail wolverhampton wesr Midlands wv4 6Jp of the second part andCROXDEN QUARRIES LMITED (Company Registered No. 871190) (hereinaftercalled "the second owner") whose registered office is situate at Milrfields RoadEttingsha'wolverhampton west Midlands wv4 6Jp of the third part and TARMACROADSTONE HOLDINGS LIMITED (Company Registered No. 5945282)(hereinafter called "the Third owner") whose registered office is situate at Hilton HallHilton Lane Essington Wolverhampton WVll 2Be of the founh part and LANDS

Sussex (hereinafter called ,'the First Lessor,,) of the sixth oan

il::il:f:XHlli :,:ttlpart and WILLIAM ANDREW FAIRBAIRN of 5 Easr pallant Chichcsrer Wesr

WHEREAS

(1) Staffordshire Moorlands Dis*ict council (hereinafter ca,ed ,'the council,,) is theLocal Pranning Authority for the purpose of the Town and country planning Act1990 as amended by the planning and compensation Act r99r (hereinafrer caned ,,the

Planning Act")

(2) The county is the Mineral planning Aurhority for rhe purposes of the planningAct and the Local Highway Authority for the purposes of the Highways Acr 1990 asamended by the New Roads and Street Works Act 1991

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(3) The First owner the Second owner and the Third owner are the estate owners infee simple in possession free from incumbrances of the area of rand which is shownfor identification purposes only derineated and edged red on pran A attached hereto

(4) The First owner has a reasehord interest for a term of 40 years commencing onI July 1990 in the area of land which is shown for identification purposes onry edgedblue on Plan A attached hereto created by a Lease made on the l6th day of December1990 between the First Lessor and William Forbes petrie Gammie (l) and the FirstOwner (2) ("the Dinwoodie Lease',)

(5) william Forbes Pet.e Gammie died on I lth July 1996 and the First Lessor is thesole surviving trustee

(6) The First owner has a leasehord interest for a term of l2 years commencing on30 September 1994 in the area of land which is shown for identification purposes onryedged green on Plan A attached hereto created by a Lease made on the 30th day ofSeptember 1994 between Anthony Cyril Ball and paul Edmund Godfrey (l) and theFirst Owner (2) (,'the Trentdale Lease,')

(7) The red land the blue land and the green land referred to above and shown on planA attached hereto are co ectively situate at croxden euarry Freehay cheadleStaffordshire (hereinafter called,,the Site,,)

(8) By a Legal Charge dated 3l January 1995 made between the First owner of theone part and the chargee of the other part ("the Legal charge") rand forming part ofthe site shown edged brown on plan D attached hereto was charged by way of legalcharge to secure the monies therein mentioned

(9) An application was made to the Council dated, 27 November t 991 whichapplication has been numbered sMgl/r355 (hereinafter called "the Application,') todevelop the Site in accordance with the definition of the Development contained inthe Second Schedule hereto (hereinafter called "the Development,,)

(1O)The county has indicated that it is prepared to grant the Application subje'to theconditions referred to ar the Fifth schedure hereto (as may be amended from time to

Highway Works

5' The First owner the second owner and the Third owner covenant with the countyfirst to commence the Stage I Highway works (as hereinafter defined) to thesatisfaction of the county (excluding the maintenance period) within 3 months fromthe date hereof or the date of grant of planning permission whichever is the later andin any evenr to complete the Stage l Highway works (as hereinafter defined) priorto commencement of phase B of the Development (as hereinafter defined) and secondto undertake construct and complete the s,uge 2 Highway works (as hereinafterdefined) to the satisfaction of the county (excruding the maintenance period) prior tothe commencement of any other part or phase of the Development

Stage I Highway Works

6' The several obligations herein referred to as the stage i Highway works shallcomprise the following:_

6 l an application for a Stopping up order for part of counstow Road in accordancewith clause g. 1(b) under section 247 nd 24g of the planmng Act

6'2 to design and carry out the fo'owing Highway works to fac'itate theDevelopment

(a) Dl92 Schoot Lane

The works shall include the widening and re-alignment of schoor Lane betweenthe substandard sections at Freehay v'lage Hal' and the severe bend at LittleBracks as illustrated on Drawing Nos. 90BST/201 and 90BST/2 02 and anyupgrading of the existing drainage system necessitated by the widening ofSchool Lane all of which or any revision thereof agreed between the parties inwriting from time to dme works are more particularly described in the FounhSchedule hereto

(b) Maintenance works to Dl92 School Lane

The works shall incrude localised parching and haunch srrengthening of failedsections of school Lane where considered necessary by the county relating tothose sections of the road between the School Lane improvements referred toat (a) above and Rakeway crossroads all of which works are more Darticularrvdescribed in the Fourth Schedule hereto

6.3 All the above works described in clause 6.2 are to be carried out both to thespecification and satisfaction of the county and the First owner the second ownerand the Third owner shall obtain the written approvar of the county to the design ofthe Stage I Highway Works before any work is carried out on the highway

6'4 to arrange for the construction of the Stage l Highway works at their ownexpense to the satisfaction of the county and to arrange further for the maintenanceof the stage I Highway works for a period of l2 months following their completionalso to the satisfaction of the Countv

6.5 to obtain the written approval of the county for the contractor to carry out theStage 1 Highway Works before any of the Highway Works are commenced

6'6 to be responsible for the service of notice on undertakers as defined by s.4g ofthe New Roads and sffeet works Act r99l in respecr of the Stage I Highway worksand to meet (and indemnify the county against) the costs of aI alterations to orremovals replacements diversions or relocations of undertakers apparatus which inthe opinion of the Undertakers are necessitated by the Stage I Highway Works

6.7 to construct the respective Stage l Highway works detailed below within thenumber of months specified below but excluding the time taken for any alterations toUndertakers apparatus and any derays occasioned by reason of factors agreed inwriting by the county to be outside the control of the First owner the Second ownerand the Third Owner:-

(a) D192 School Lane - 6 months

(b) Maintenance works to D192 School Lane - I month

6'8 in the period during which the st"age I Highway works are carried out tomaintain the free flow of traffic and safeguard the passage of pedestrians along school

Lane and counslow Road Rakeway Road and Ashbourne Road or to orovide

alternative routes to the satisfaction of the Countv

6.9 to indemnify and keep indemnified the county against all losses and claims forinjuries and damage to any person or property whatsoever which may arise out of or

in consequence of the construction and maintenance of the Stage 1 Highway worksand against all claims demands proceedings costs charges and expenses whatsoever

in respect thereof or in relation thereto provided alwavs that:-

(i) the liability of the First Owner's the Second Owner,s and the Third Owner,s

liability to provide indemnity hereunder shall be reduced proportionately ro the

extent that the act or neglect of the County or its servants or agents may have

contributed to the said loss injury or damage

(ii) the First owner the second owner and the Third owner shall not be liable

to indemnify rhe county for injuries or damage to persons or property resulting

from any act or neglect or breach of statutory duty done or committed by the

county or its respective agents or servants or contractors or for or in respect ofany claims demand proceedings damage costs charges and expenses in respect

thereof or in relation thereto

6.10 to provide the county with a monetary deposit or bond in a form and from a

bondsman both approved by the county for the sum of f2g0,000 (Two hundred and

eighty thousand pounds) which is the agreed estimare of the stage 1 Highway works(but excludes the cost of alterations to undertakers apparatus) on the signing of the

Agreemcnt which deposit or bond the county shall be able to urilise to meet the costs

of completing the stage I Highway works only if the First owner the second owner

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or the Third Owner is in breach of the Agreement and has failed to remedy the

breach after being given one month's written notice to do so PROVIDED ALWAYS

that the amount of the monetary deposit or bond shall be reduced on the completion

of the Stage I Highway Works to the satisfaction of the County by ninety percent and

the remainder shall be released when the Developer has discharged all of its

maintenance obligations in Clause 6.4 above also to the satisfaction of the County

6.11 where the Stage I Highway Works have not been completed and a Bond has

been provided under Clause 6.10 above as distinct from a monetary deposit then to

the extent that the cost of the Stage I Highway Works increases in accordance with

the Road Construction Price Index produced by the Department of Transport then at

any time after two years after the signing of this Agreement and thereafter at two year

periods the County shall have the right to require the First Owner the Second Owner

and the Third Owner to enter into a further Bond or Bonds with the County in a form

and from a bondsman both approved by the County up to the amount by which the

cost of the Stage I Highway Works has increased and the County in their absolute

discretion shall consider what additional security in this manner they require under

this clause (if any) in considering the value of any of the Stage 1 Highway Works

already undertaken and the First Owner the Second Owner and the Third Owner shall

provide any such bond so required by the County and the County shall be entitled to

utilise any bond provided under this clause on the same terms as a bond provided

under Clause 6. 10 above

6.12 to pay the County the sum of Twenty thousand pounds (f20,000) on the signing

of this Agreement by the First Owner the Second Owner and the Third Owner in

respect of supervision and approval of design of the Stage I Highway Works

6.13 to permit the public as necessary to pass and repass with or without vehicles

over the parcel of land coloured yellow on Drawing No. C57ll/106 in their use of

School Lane during the construction and maintenance periods of the Stage I Highway

Works and at the completion of the maintenance period to the satisfaction of the

County to dedicate as part of the public highway the parcel of land coloured yellow

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referred to above comprising in total area approximately 3931 square metres and ifcalled upon any dme within eighty years from the dedication of this parcel of land to

convey to the county the freehord interest of this land or any part of it inconsideration of 50 pence if required to do so by the County

6'14 to indemnify the county against any craim arising under part I of the Land

compensation Act 1973 from the use of the stage 1 Highway works including the

professional agents' fees acting for the claimants and the costs of the county,s legaland surveyors' cosrs in dealing with such claims pRoVIDED ALwAys rhar rhe

county shall act in the same manner in respect of such craim as in respect of othersimilar claims received directly by the County in agreeing such claims

6.15 to pay the costs of insulating buildings against noise (incruding any grants)

incurred arising from the duty of the county to do so under s20 Land compensation

Act 1973 and under any Regulations made thereunder (but not further or otherwise)arising from the carrying out of the stage l Highway works or any part thereof and

in particular: -

(i) to pay the costs of the county in approving the noise insulation assessment

attending to appeals (if any) and any householder compraints arising from noiseinsulation and inspecting insulation works after installation within twenty eightdays of receiving written notice of completion of the insulation works

(ii) to employ (at their own expense) a noise consultant who is either alreadyapproved by the County or to whom the County gives its written approval firstto carry out the noise insulation assessments including collecting any necessary

traffic data to be carried out within six months of compietion of the stage 1

Highway works or any part thereof and then submit the assessment with orwithout amendments or given written reasons for not doing so secondly topublish the map and list from the assessmenr and in the event of any assessment

identifying noise insuration work being requircd then thirdry to prepare acontract for the noise insulation work and to let that contract and supervise the

noise insulation work (providing for remedial work, if any) and to make

payment of grants in the case of any householder installing the insulation work

privately PROVIDED THAT the First Owner the Second Owner and the Third

Owner shall carry out all of these above matters in accordance with the above

statutory requirements including compliance with statutory time limits and shall

give the County written notification of the completion of each stage specified

PROVIDED ALWAYS that the County shall act in the same manner as for

other S20 Noise Insulation Works dealt with by the County in respect of its own

works and in its requirements of the Owner in those aspects of the noise

insulation work dealt with by the Owner and the County shall inform the First

Owner the Second Owner and the Third Owner of anv such claims received

6.16 the First Owner the Second Owner and the Third Owner shall supply the County

with two sets of "as constructed drawings" within three months of the County

notifying the Developer that the Stage I Highway Works have been constructed to the

County's satisfaction

County's Undertakings

7. The County hereby:-

7.1 permit the First Owner the Second Owner and the Third Owner in the person of

a Contractor who has been approved in writing by the County Council under Clause

6.5 to enter on the public highway known as School Lane Little Bracks to carry out

the Stage 1 Highway Works in accordance with the terms of this Agreement

PROVIDED THAT the First Owner the Second Owner and the Third Owner act at

all times in accordance with the terms of this Asreement

7.2 undertake to adopt as publicly maintainable highway such part of the parcels of

land coloured yellow referred to in Clause 6.13 as is required by the County at the

completion of the maintenance period of the Stage I Highway Works by the First

Owner the Second Owner and the Third Owner to the satist'action of the County

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Rakeway Crossroads

8. The First Owner covenants with the County pursuant to Section 2jB of the

Highways Act 1980 and Section 33 of the Local Govemmenr (Miscellaneous

Provisions) Act 1982 to pay to the County on the signing of this Agreement the sum

of Five thousand pounds (f5,000) which sum shall be applied by the County towards

the carrying out of highway improvement works for visibility improvement at

Rakeway Crossroads but for no other purpose whatsoever

Stage 2 Highway Works

9. The several obligations referrcd to as the Stage 2 Highway Works shall comprise

the following:-

9.1 to design and carry out the following Highway Works to facilitate the remainder

of the Development

(a) New Counslow Road

Building of an alternative highway berween 85032 Ashboume Road and

Rakeway Road (at the Queens Arm's Public House) as illustrated on Drawing

No. PBBRCT/CR/00 l -004 or any revision lhereof agreed belween the parties

in writing from time to time with new junctions formed at each end, new road

lighting at the New Queen's Arm's roundabout and upgraded road lighting at

the Rakeway Crossroads all of which Works are more particularly described in

the Fourth Schedule hereto

(b) Closure of D191 Counslow Road

Implement the closure of the D 191 Counslow Road from the covered reservoir

adjacent to Mount Pleasant Farm to the Queen's Arm's public House once the

said Stopping Up Order referred to at clause 6.1 for Counslow Road has been

obtained but not before the New Counslow Road referred to at 9(a) above has

been completed to the satisfaction of the County

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9'2 All the above works described in crause 9. r incrusive are to be carried ou' bothto the specification and satisfaction of the county and the First owner the secondowner and the Third owner shall obtain the written approvar of the county to thedesign of the stage 2 Highway works before any work is carried out on rhe highway

9' 3 to arrange for the construction of the Stage 2 Highway works at their ownexpense to the satisfaction of the county and to arrange further for the maintenanceof the stage 2 Highway works for a period of 12 months following rheir compretionalso to the satisfaction of the County except as varied at clause 10 below.

9'4 to obtain the written approval of the County for the contractor to carry out theStage 2 Highway Works before any work is carried out on the highway

9'5 to be responsible for the service of notice on undertakers as defined by S.4g ofthe New Roads and Street works Act lggl in respect of the stage 2 Highway worksand to meet (and indemnify the county against) the cosrs of alr alterarions orremovals repracemen$ diversion or relocations of the undenakers apparatus whichin the opinion of the Undertakers are necessitated by the Smge 2 Highway works

9'6 to construct the respective sage 2 Highway works detailed below wirhin thenumber of months specified below but excluding the time taken for any alterations toundertakers apparatus and any derays occasioned by reason of factors agreed by thecounty to be outside the control of the First owner the second owner and the ThirdOwner:-

(a) New Counslow Road - 12 months

(b) Closure of Dl91 Counslow Road _ 6 months

9'7 in the period during which rhe stage 2 Highway works are ca*ied our romaintain the free flow of tfaffic and safeguard the passage ofpedestrians along schoolLane and counslow Road Rakeway Road and Ashbourne Road or provide arternativeroutes to the satisfaction of the Countv

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9.8 to indemnify and keep indemnified the county against all losses and claims forinjuries and damage to any person or property whatsoever which may arise out of orln consequence of the construction and maintenance of the stage 2 Highway worksand against all claims demands proceedings costs charges and expenses whatsoeverin respect thereof or in relation thereto provided always that:_

(i) the liabiiity of First owner the second owner and the Third owner roprovide indemnity hereunder shall be reduced proponionately ,o the extent thatthe act or negrect of the county or its servants or agents may have contributedto the said loss injury or damage

(ii) the First owner the second owner and the Third owner shall not be liableto indemnify the County for injuries or damage to persons or property resultingfrom any act or neglect or breach of statutory duty done or committed by thecounty or its respective agents or servants or contractors or for or in respect ofany claims demand proceedings damage costs charges and expenses in respectthereof or in relation thereto

9'9 upon formal approval of the design of the stage 2 Highway works and prior tocommencement of the Stage 2 Highway Works under Clause 9.2 to provide thecounty with a monetary deposit or bond in a form and from a bondsman bothapproved by the county for the sum which is then the agreed estimate of the stage2 Highway works affecting the highway (but excludes the cost of alterations toundertakers apparatus) which deposit or bond the county shall be abre to utilise tomeet the costs of completing the stage 2 Highway works only if the First owner thesecond owner or the Third owner is in breach of the Agreement and has failed toremedy the breach after being given one month's written notice to do so pRovIDEDALWAYS that the amount of the monetary deposit or bond shall be reduced on thecompletion of the stage 2 Highway works to the satisfaction of rhe county to tenpercent of the overall cost of the stage 2 Highway works as certified by the countyand the remainder shall be released when the First owner the second owner and theThird owner have discharged a their maintenance obligations in crause 9.3 above

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also to the satisfaction of the County

9.10 where the Stage 2 Highway Works have not been completed and a Bond has

been provided under Clause 9.9 above as distinct from a monetary deposit then to the

extent that the cost of the Stage 2 Highway Works affecting the highway increases in

accordance with the Road Consuuction Price Index produced by the Department of

Transport then at any time after tu/o years after the signing of this Agreement and

thereafter at two year periods the County shall have the right to require the First

Owner the Second Owner and the Third Owner to enter into a further Bond or Bonds

with the County in a form and from a bondsman both approved by the County up to

the amount by which the cost of the Stage 2 Highway Works has increased and the

County in their absolute discretion shall consider what additional security in this

manner they require under this clause (if any) in considering the value of any of the

Stage 2 Highway Works already undertaken and the First Owner the Second Owner

and the Third Owner shall provide any such bond so required by the County and the

County shall be entitled to utilise any bond provided under this clause on the same

terms as a bond provided under Clause 9.9 above

9. 1l to pay to the County on demand the County's costs based on actual figures

identified by the County in respect of supervision and approval of design of the Stage

2 Highway Works which includes for the avoidance of doubt the construction of the

New Counslow Road

9.12 to permit the public as necessary to pass and repass with or without vehicles

over the parcel of land coloured pink on Drawing No.C5?/2/106A in their use of

Counslow Road during the construction and maintenance periods of the Stage 2

Highway Works and at the completion of the maintenance period to the satisfaction

of the County to dedicate as part of the public highway the parcel of land coloured

pink referred to above comprising in total area approximately 41232 square metres

and if called upon any time within eighty years from the dedication of this parcel of

land to convey to the County the freehold interest of this land or any part of it inconsideration of 50 pence if required to do so by the County

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9.13 to indemnify the County against any claim arising under Part I of the Land

Compensation Act 1973 from the use of the Stage 2 Highway Works including the

professional agents' fees acting for the claimants and the costs of the County's legal

and surveyors' costs in dealing with such claims PROVIDED ALWAYS that the

County shall act in the same manner in respect of such claim as in respect of other

similar claims received directly by the County in agreeing such claims

9.14 to pay the costs of insulating buildings against noise (including any grants)

incurred arising from the duty of the County to do so under S20 Land Compensation

Act 1973 and under any Regulations made thereunder (but not further or otherwise)

arising from the carrying out of the Stage 2 Highway Works or any part thereof and

in particular:-

(i) to pay the costs of the County in approving the noise insulation assessment

attending to appeals (if any) and any householder complaints arising from noise

insulation and inspecting insulation works after installation within twenty eight

days of receiving written notice of completion of the insulation works

(ii) to employ (at their own expense) a noise consultant who is either already

approved by the County or to whom the County gives is written approval first

to carry out the noise insulation assessments including collecting any necessary

traffic data to be carried out within six months of completion of the Stage 2

Highway Works or any part thereof and then submit the assessment with or

without amendments or given written reasons for not doing so secondly to

publish the map and list from the assessment and in the event of any assessment

identifying noise insulation work being required then thirdly to prepare a

contract for the noise insulation work and to let that contract and supervise the

noise insulation work (providing for remedial work, if any) and to make

payment of grants in the case of any householder installing the insulation work

privately PROVIDED ALWAYS that the County shall act in the same manner

as for other S20 Noise Insulation Works dealt with by the County in respect of

its own works and in its reouirements of the Owner in those asoects of the noise

insulation work dealt with by the Owner and the County shall inform the First

Owner the Second Owner and the Third Owner of anv such claims received

9.15 the First Owner the Second Owner and the Third Owner shall supply the County

with two sets of "as constructed drawings" within three months of the County

notifying the Developer that the Stage 2 Highway Works have been constructed to the

County's satisfaction

9.16 subject to any road closure or road diversion order to ensure during the

construction phase of Highway Works II that the existing route of Gypsy Lane will

remain open for use by the public unless and until a temporary diversion has been

created prior to the closure of Counslow Road which connects the remnants of GypsyLane with the limits of Highway Works II connecring rhe remporary diversion ofMuddale Lane as shown on drawing No. 2H0658R0S2 *nicn shall remain

^ operation unless and until such time as Gypsy Lane has been properly reinstatcd

NEW COUNSLOW ROAD MAINTENANCE 10. The First Owner the Second Owner and the Third Owner covenant with the

County pursuant to Section 278 of the Highways Act 1980 and Section 33 of the

Local Govemment (Miscellaneous Provisions) Act 1982:-

10. I to be responsible for the maintenance of that part of New Counslow Road

between cross-sections l80m and 350m and including any areas immediately adjoining

affected by any future ground settlement ("the Section") for a period of seven years

commencing on the date that the County confirms that the Section has been completed

to its satisfaction ("the Commencement Date")

10.2 upon formal approval of the design of the Stage 2 Highway Works and prior to

commencement of the Stage 2 Highway Works under Clause 9.2 above to provide the

County with a monetary deposit or bond in a form and from a bondsman both

approved by the County lbr the sum of f10,000 bur which shall only become

operative on the Commencement Date for a period of seven years which monetary

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deposit or bond the county shall be able to utilise during the said period of sevenyears if the section referred to at clause l0.l above should require any repair as aresult of ground serrlement only (but not including fair wear and tear) ("the repair")but only if the First owner the second owner or the Third owner have failed toremedy the repair after being given one month's written notice to do so pRovIDED

ALWAYS that the monetary deposit or bond shall be released when the First ownerthe Second owner and the Third owner have discharged all their maintenance

obligations in clause l0.l above to the satisfaction of the Countv

10.3 PRoVIDED THAT if at der,ailed design stage rhe counry is satisfied rhar rhere

will not be any erement of future settlemenr in the Section then the requirements ofthe maintenance and Bond/monetary deposit referred to at clauses r0.r and 10.2above shall be deemed to be discharsed

HIGHWAY WORKS. FURTHER PROVISIONS

11. The County hereby:-

I 1. I permit the First owner the Second owner and the Third owner in the person

of a contractor who has been approved in writing by the county council under clause9'4 to enter on the public highways known as counsrow Road Rakeway Road andAshbourne Road to carry out the stage 2 Highway works in accordance with theterms of this Agreement pRovIDED THAT the First owner the second owner andthe Third owner at all times acts in accordance with the terms of this Agreement

11.2 undertake to adopt as publicly maintainable highway such part of the parcels ofland coloured pink referred to in clause 9.12 as is required by the county at the

completion of the maintenance period of the Highway works by the First owner thesecond owner and the Third owner to the satisfaction of the county SAVE ANDEXCEPT THAT the First owner rhe second owner and the Third owner are

responsible for the repair referred to at crause 10.1 but subject to the proviso atclause 10.3.

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Dedication of Highway Land - Part of Trentdale Lease land

12.1 The First owner the second owner and the Third owner hereby jointly and

severally covenant with the county to permit the public as necessary to pass and

repass with or without vehicles over the parcel of land hatched black on Drawing No.

c57 t2l106| in their use of counslow Road during the construction and maintenance

periods of the stage 2 Highway works and at the completion of the maintenance

period to the satisfaction of the County to dedicate or procure the dedication as part

of the public highway the parcel of land hatched black referred to above comprising

in total approximateiy 333 square metres and if called upon any time within eighty

years from the dedication of this parcel of land to procure the conveyance of or to

convey to the county the freehold interest of this land or any part of it in

consideration of 50 pence if required to do so by the County

12.2 The County hereby undertakes to the First Owner to adopt as publicly

maintainable highway such part of the parcel of land hatched black referred to at

clause 12.1 as is required by the county at the completion of the maintenance period

of the Highway works by the First owner the second owner and the Third owner

to the satisfaction of the County

PLANNING REQUIREMENTS

13. The First owner the second owner and the Third owner with the consent of the

Chargee and the First Lessor hereby jointly and severally covenant with the County

as follows:-

13. 1 Routing

Not to utilise the site for the Development unless all vehicles used for the purposes

of mineral haulage entering or leaving the Site which are in the ownership of the First

owner the Second owner or the Third owner or over which it or they has or have

contraclual control are instructed to use the route shown with a green dotted line on

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Plan B via Coppice Lane, Counslow Road and School [,ane on to the 4522 or such

other route as may from time to time be agreed in writing by the county and to carry

out the measures specified at the Sixth Schedule hereto

13.2 Restoration and aftercare (General)

To carry out restoration and aftercare of the Site in accordance with the planning

conditions specified at the Fifth schedule hereto (as may be amended from time to

time with the written agreement of the Director of planning and Economic

Development (hereinafter called "the DPED') and the First I-essor insofar as the

amendments relate to the land shown edged in blue on plan A

13.3 Management Plan for Pond 4

(a) within 18 months of the date of this Agreement to submit to the satisfaction

of the DPED a Management Plan ("the Management plan") first approved by

the First Lessors for the approval of the DPED which shall include but for the

avoidance of doubt shall not be limited to the followins matters:-

- creation of hibernation and refuge sites;

- measures to maintain water quality;

- introduction and establishment of appropriate vegetation cover;

- translocation of newts from other ponds on the site;

- creation of additional pond habitats on the site.

(b) To implement the Management Plan and the progranme of works

undertaken in accordance with the Management plan to the satisfaction of the

DPED which shall be reviewed by the parties to this Agreement in corsultation

with the DPED after a period of five years (but not amended except with the

prior written approval of the First Lessor)

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13.4 Extended Aftercare relating to land edged red and hatched red on Plan A(1)

(a) To carry out Aftercare Management as hereinafter defined of those parts of

the Site edged red and that land edged red and hatched red on Plan A(1)

attached hereto which are to be restored to a nature conservation after use

including those areas of land referred to in the Seventh Schedule hereto for a

period of five years following the initial five year aftercare period required by

the planning conditions attached to Permission No. SM.91/1355

(b) The Aftercare Management which relates to the land edged red and that land

edged red and hatched red on plan A(l) attached hereto shall be carried out in

accordance with an Aftercare Management plan (hereinafter called "the

Aftercare Management plan") to be submitted for the written approval of the

DPED within 12 months of the date of this Agreement and subject to the review

referred to at 13.4(c) below

(c) To review the Aftercare Management Plan which relates to the land edged

red and that land edged red and hatched red on Plan A(1) auached hereto

annually in consullation with the DPED and to agree any amendmentsi additions

in writing and to implement the same to the satisfaction of the DPED.

14. Meteorological Monitoring Station

The First Owner covenants with the County that:

14.1 It will not dispose of the Site or any parr of the Site upon which the

meterological monitoring station is situate without reserving a right for the County

to enter on to the Meteorological Monitoring Station site to take any necessary

readings

OR

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I4.2 That in the event that the First Owner wishes to dispose of the area of land upon

which the Meteorological Monitoring Station is situate then the First Owner shall

relocate the Meteorological Monitoring Station to a suitable location which is in the

First Owner's Freehold Ownership to the satisfaction of the County.

15. Previous Planning Consents

The First Owner the Second Owner and the Third Owner covenant with the County

that they will not implement or will cease to implement the consents listed in the First

Schedule hereto upon the grant of planning permission pursuant to the Application

and agree that they shall not claim and hereby waive all rights to compensation

including pursuant to Section 107 of the Town and Country planning Acr 1990 (as

amended by the Planning and Compensation Act 1991)

16. Permission No. NC8500

The First Owner the Second Owner and thc Third Owner covenant with the County

that if Planning Permission No. NC8500 which relates to land shown edged red on

PIan C annexed hereto is implemented it wiU be implemented in accordance with the

Planning Conditions relating to the Site and set out at the Fifth Schedule (as may be

amended from time to time with the written approval of the DPED) of this Agreement

and not in accordance with the conditions originally attached to permission No.

NC8500

17. Planning Conditions

The First Owner the Second Owner and the Third Owner covenant with the County

to carry out the Development in accordance with the Planning Conditions set out at

the Fifth Schedule hereto (as may be amended from time to time with the written

agreemcnt of thc DPED)

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18. Release of Agreement

The county hereby releases the First owner the second owner and the Third ownerfrom all their obligations and covenants contained in and all liabilities whatever under

the Agreement specified in the Third schedule hereto upon the signing of this Deed

19. Chargeest Covenant

The chargee covenants with the county that in the event that the chargee takes

possession of the land forming part of the Site shown edged brown on plan Dattached hereto or any part thereof and/or exercises it power under the provisions ofthe tegal charge the chargee or its successors in title will observe and perform the

covenants and terms and conditions herein contained insofar as the same relate to such

land but not further or otherwise pRovIDED THAT this covenant shall cease to have

effect on the discharge of the Legal charge and the chargee shall thereafter have no

further obligations under this Agreement

20. Indemnity

The First owner the second owner and the Third owner hereby jointly and severally

covenant with the chargee and separately with the First l,essor and their successors

in title for themselves and their successors in title that they the First owner and

second owner and the Third owner will observe and perform the covenants

agreements and stipulations on their part to be observed and performed in this

Agreement and will fully and effecrually indemnify rhe chargee the First Lessor and

his respective successors in title estates and effects against all costs claims penalties

damages liabilities and losses suffered by them as a resuit of any failure or alleged

failure on the part of the First owner the second owner or the Third owner or any

of them to obserye or perform the said covenants agreements and stipulations

22

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21. The Fund for Restoration and Aftercare

subject to clause 23 the First owner the second owner and the Third owner hereby

covenant with the county to pay to the county on the lst day of April and lst day

of october in each year the first such payment to be made on the date hereof for a

period of fifteen (15) years from the date of this Agreement the sum of Five thousand

pounds (f5,000) ro establish a fund (hereinafter called "the Fund,') for the purpose

of securing the performance of restoration and aftercare referred to aI clause 13.2 to

13.4 inclusive

Restoration Fund - Further provisions

22. Tlte Parties hereby expressly agree that subject to the provisions of clause 23:-

Interest

22.1 T\e Fund will be absorbed, for treasury managcment purposes, within the

county's main pooled accounts and will attract simple interest at the Local Authoritysix month money market rate which appertains on the first business day of each sixmonth period as published in the Financial rimes on the next business day and each

six month period for the purpose of this clause is deemed to commence on 1 Aoriland 1 October of each year

Statement

22.2 The county will provide a statement as to the balance of the Fund as at 31

March of each year

Use of the Fund

22.3 lt any of the contingencies more particularly referred to at clause 22.5 berow

should occur in respect of the First owner the Second owner or the Third owner that

circumstance shall be deemed for the purpose of this clause to be a failurc to perform

an obligation under this Agreement on the part of that party to be performed entitling

the county to be able immediately to utilise the Fund without the necessity of giving

notice

Default of Owners

22.41f at any time during the subsistence of this Agreement the circumstances set out

in clause 22.5 shall apply or the First owner the second owner or the Third ownershall be in default or breach of any of the obligations contained in this Agreement on

the part of the First owner or the second owner or the Third owner to be observed

or performed the county shall be entitled to serve a notice in writing upon the Firstowner the Second owner and the Third owner specifying the default or breach and

stating the required period of time to rectify the default or breach and if the

rectification of the defauir or breach is not commenced diligently and at the expiry

of the period specified in the Notice the default or breach has not been rectified to the

satisfaction of the county the county shall be able ro utilise the Fund to rectify the

default or breach and mcet any costs properly incurred by the County

22.5 Circumstances referred to in Clause 22.3

22.5.7 rf the First owner the second owner or the Third owner (being an individual)or any of them becomes bankrupt or makes a composition or arrangement with its or

their creditors or is the subject of an application to the court for an interim order

under the Insolvency Act 1986

22.5.2lf the First owner the second owner or the Third owner (being a company)

or any of them has a proposal for a voluntary arrangement approved in accordance

with the Insolvency Act 1986

22.5.3 rf the First owner the second owner or the Third owner (being a company)

or any of them is the subject of an application made under the Insolvency Act 19g6

to the Coun for the making of an administration order

22.5.41f the First Owner the Second Owner or the Third Owner (being a Company)

or any of them has a winding-up order made against it or (except for the purposes ofamalgamation or rcconstruction) a resolution for voluntary winding_up is passed

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22.5.5 rc the First Owner the Second Owner or the Third Owner (being a Company)or any of them has a provisional liquidator, receiver or manager of its business orundertaking duly appointed

22'5 '6 rf the First owner the second owner or the Third owner (being a company)or any of them has an administrative receiver as defined in the Insolvency Act 1gg6appointed

22'5'7 rf the First owner the Second owner or the Third owner (being a company)or any of them has possession taken by or on behalf of the holders of any debenturessecured by floating charge of any propeny comprised in or subject to the floatinscharge

22.6.1Refund

The county shalr review the amount required under the Fund upon completion of therestoration of the Site in accordance with Clause 13.2 to 13.4 inclusive to thesatisfaction of the county and shalr refund to rhc First owner such amount as shalin the opinion of the county leave enough money in the Fund to cover the outstandingaftercare of the Site in accordance with Clause 13.2 to L3.4 inclusive

22.6.2 upon completion of the restoration and aftercare of the site to the satisfactionof the county the amount of money accrued to the Fund net of any lax thereon shalrbe refunded to the First Owner

22.7 lndemnity

The First owner the second owner and the Third owner hereby jointly and severallycovenant with the county to indemnify the county against any riability for tax on theFund or any interest arising on the Fund

23. Guarantee

Notwithstanding the provisions of clauses 2r and 22 0f this Agreement the Firstowner and the second owner and the Third owner may at their discretion and as an

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alternative to the provision of the Fund provide a cuarantee in the form of the

Guarantee set out in the Eighth schedule ("the Guarantee") provided always that ifthe First owner the Second owner and the Third owner shall for any reason be

unable to provide or renew the cuarantee upon the terms set out therein the county

shall be entitled to call upon Lloyds Bank plc (or such Guarantor as shall be agreed

in writing with the counry and subject to terms being agreed) to pay to the county

the amount for the time being guaranteed subject to the provisions of the Guarantee

and the First owner and the second owner and the Third owner shall forthwith upon

written demand being made by the county pay to the county such sum as would at

the date of such demand being made have accrued to the Fund (including Total

interest) had the Fund been established and maintained in accordance with the

provisions of clauses 21, and 22 of this Agreement less any sum received by the

county from the Guarantor as aforesaid and the First owner the second owner and

the Third owner shall thereafter make such further paymenls pursuant to the

provisions of clauses 2l and,22 of this Agreement as may be requiied thereunder to

complete the establishment of the Fund in accordance with the provisions of those

Clauses

Notices

24. Any notices served in relation to this Agreement shail be deemed sufficientlyserved on the First owner the second owner the Third owner if sent by ordinary

first class post addressed to the First owner the second owner or the Third ownerat Po Box 8 Millfields Road Ertingshall wolverhampton wesr Midlands wv4 6Jp

for the attention of the company secretary and solicitor and in respect of the chargee

the First l,essor at his addresses at the head of this Agreement or at such other

address as they may notify the county for service of notices and in respect of the

county addressed to county Buildings Marrin street stafford 5T16 2LH for the

attention of the county clerk and chief Executive Staffordshire county council

Notice of Dealings

25. The First owner the second owner and the Third owner shall not larer than 14

days atler any disposal assignment or other transaction in respect of the site or any

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pan thereof consequent to which any of the obligations herein contained binds another

person give notice to the County of the date of the transaction and the name and

address of the said person

Avoidance of Part

26.If any clause or paragraph or sub-clause or sub-paragraph of this Agreement or

any part thereof shall be void, or if voidabie is avoided, or is otherwise unenforceable

this shall not affect the operation of any other provision of this Agreement

Limitation of Liability

27. T\e parties hereby agree and declare that the First l-essor and his respective

successors in title shall not incur any personal liability under this Agreement (it being

acknowledged that he has entered into this Agreement solely for the purpose of giving

consent to the entry by the First Owner into the obiigations on its part herein

contained) and that the obligations set out in this Agreement on the part of the First

Owner the Second Owner and the Third Owner to be performed shall not be

enforceable against the First Lessor and his successors in title or against the reversion

expectant upon the Dinwoodie Lease before the expiry or earlier determination ofthat

Lease

28.

28.1 In this clause:

(a) the "Settlement" means a settlement created by a Deed of Setflement dated

18 March 1968 and made between Walter Dinwoodie and Rita Dinwoodie fi)and Iohn Sherard Widdows David Biarr and Walter Dinwoodie (2)

(b) the "Trustee" means the persons who is for the time being the trustee of the

Settlement and as at the date of this Agreement the Trustee is the person named

in this Agreement as the First Lessor

(c) the "Dinwoodie Land" means the land shown edsed blue on plan A attached

hereto

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28.2 The Trustee or his estate shall not be under personal liability under any of the

obligations or covenants in this Agreement and nothing contained in this Agreement

shall entitle the county to pursue exercise or enforce any rights or remedies against

the personal estates property effects or assets of the Trustee

28,3 No liability shall attach to any Trustee in respecr of any breach of the obligation

or covenant contained in this Agreement after he has ceased to be a Trustee

28.4 No liability shall arrach ro the Trustee for any breach of the obligarions or

covenants contained in this Agreement after the Trustee has paned with his interest

in the Dinwoodie Land or his interest in that part of the Dinwoodie Land in respect

of which the breach occurs

28.5 No liability shall attached to the First Lessor during the term of the Dinwoodie

Lease (or of any lcase granted to the First Owner in place of the Dinwoodie Lease)

and the Council sha-ll not be entitled to pursue exercise or enforce any right or

remedy against the First l,essor or the Dinwoodie Land prior to the expiry or earlier

determination of the Dinwoodie lease or any lease granted in place thereof

28.6 The First l,essor shall not be liable for any breach of the covenants or

obligations contained in this Agreement save insofar as they directly relate to the

Dinwoodie Land or such part of the same as is for the time being vested in the First

Lessors and the County shall not be entitled to pursue exercise or enforce any right

or remedy against the First Lessor or the Dinwoodie Land in respect of any breach

of the obligations or covenants contained in this Agreement which do not directly

relate to the Dinwoodie Land

28.7 Nothing contained in this Agreement shall entitle the county to pursue exercise

or enforce any right or remedy in respect of any breach of any covenant or obligation

outlined in this Agreement against any asset of the settlement or other asset for the

time being vested in the Trustee other than the Dinwoodie Land or Darr thereof tbr

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the time being vested in the Trustee and the liability of the Trustee at any time shall

in any event never exceed the net realisable value of the Trustee's interest in the

Dinwoodie Land at such time Iess all sums secured or charged against the same and

other expenses which would be incurred or become payable by the Trustee on a

disposal of the Dinwoodie Land

28.8 The County shall not be entitied to pursue exercise or entbrce any right or

remedy against the Trustee of the Dinwoodie Land in respect of any breach of any

obligation or covenant contained in this Agreement unless the County Council have

pursued and exhausted all available rights and remedies against the First Owner the

Second Owner and the Third Owner and have utilised and applied all monies in the

Fund and any amount payable under the Guarantee in rectifying the breach and

discharging any liabilities resulting therefrom

28.9 The Trustee shail not later than 28 days after any disposal or dealing with the

freehold interest in respect of the Dinwoodie Land or any part thereof give written

notice to the County of the transaction and the name and address of the purchaser

Extent of Obligations

29. The obligations contained herein shall be enforceable against the land the subject

of the Dinwoodie Lease and the Trentdale kase respectively only to the extent that

such obligations relate directly to such land

Approval of Management and Aftercare Schemes or Plans

30. The First Owner hereby covenants with the First Lessor and his respective

successors in title that the First Owner will not agree or approve any management

plan or other restoration or aftercare scheme pursuant to this Agreement or any

variation or amendment of such scheme without first obtaining the prior written

approval to such plan scheme amendment or variation from the First Lessor insofar

as it relates to the land the subject of the Dinwoodie Lease such consent not to be

unreasonably withheld or delayed

to

First Lessorts Coets

31. The First Owner hereby covenants with the First Lessor to pay his legal and

surveyors costs incurred in connection with the negotiation preparation and

completion of this Agreement including (without prejudice to the generality of the

foregoing) any professional costs incurred by the First lessor acting in a professional

capacity

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IIIloIIE

FIRST SCHEDULE

SCHEDULE OF PLANNING PERMISSIONS RELATING TOCROXDEN OUARRY. FREEHAY. NR. CHEADLE

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IDO/SM/2 (Registered)(3.r1.92)()1 4 /16\

Extraclion of sard and eravel

IDO/SM/7 (Registered)(16. i 1.92)(2',1.4.48)

Extraction of sand and eravel

NC658 27.6.50 Underground petrol tank

NC787 9-2.51 Erection of sand and gravel preparation plant and

offices

NC799 21 .2.51 Extraction of sand and gravel

NC965 2.r.52 Alteration of iunction and access

NC1112 t8.9.52 Vehicular access

NC1348 28.1 .53 Quarry offices

NC2385 20.8.59 New office and laboratory

NC3503 2.3.60 First aid room and male toilet

NC3766 25.11.60 Extraction of sand and sravel

NC4053 8.3.62 Buildine for manufacture of concrete blocks

NC4353 8.3.62 Buildins for manufacture of concrete blocks

NC45t0 5.6.62 Petrol storage tank and pump

NC4754 5.3.63 Workshop and garage

NC5258 20.4.64 Extraction of sand and sravel

NC5633 22.r0.64 Sand and gravel batching plant for RMCoroduction

NC5805 30.r2.64 Stores and Canteen

NC5973 t2.8.65 Spun concrete pipe factory

NC5973(A) 22.10.65 Subslation to lactory

NC6330 I l. 1.66 Extcnsion to bays to spun concrele pipe factory

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NC6331 14.2.66 Test house, canteen, toilets and office andsewerage disposal point

NC6367

NC6483

14.3.66 Plant for manufacture of concrete blocks

13.6.66 Extraction of sand and gravel

NC6612 4.10.66 Extraction of sand and eravel

NC6734

NC6863

5,t2.66 Extension to Offices with Garase Block

Extension of weighbridge office

NC6980 10.8.67 Extraction of sand and gravel

NC7216 t4.tt.6'/ Mess accommodation, change and locker room

NC7242 1.1.68 Stores and canteen

NC7679

NC7966

NC7971

2',7.tl.68 Office Biock

27.2.'10 Extracdon of sand and gravel

10.3.706.4.70

2.11.70

Extraction of sand and gravel.

NC7972 7 .9.70 Dumper maintenance workshoo

NC8145

NC8189

NC8258

-"sr-6

23.12.69 Site office and stores

27.2.70 Ex.tension main spun concrete pipe factorybuilding

19.1r .7 | Extraction of sand and gravel

26.6.70 Stores, workshop building and mens' mess roomNC8363 3r.1.7 4 Extraction of sand and gravel

NC8606 Extension of stores

NC8692 7 .5.7 | Dining Room, Female and Male Toilets andSeptic Tank

NCg275 13.\.72 Conversion of Office Buildine to DwellinsNC9448 15.9.72 Conversion of garage to general office, toilet and

store

NC9640 30.3.73 Car park

NC9668 9.2.73 Canteen

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NC1010t 3t.r .7 4 Extraction of sand and sravel

NCl0189 zt.II.tJ Extension of office block

NC10451 t0.2.75 Extraction of sand and eravel

sM484 16.10.7 4 Concrete batching plant

sMl092 20.8.'75 Extraction of sand and srave-

sM3917 25.'.7 ,17 Steel framed loading bay

sM5064 28. 10.80 Extraction of sand and eravel

sM659l 21.5.79 New sand and gravel processing plan to replaceexistinp

sM8100 24.3.80 Erection of weighbridge and office, furtheroffice block, sewage treatment plant, fuel depot,lorry and car parking and a vehicle wash

sM9090 17.11.80 Operation of RMC plant

sM9220 28.5.81 Construction of weighbridge with 2 no. weighpits and weighbridge office

sM940l 1.4.81 Retention of buildings for the manufacture ofconcrete products and ancillary purposes

sM12698 14.2.84 Extension of weighbridge office

sM4085/9 12.t2.84 Amenity block

sM79/86 19.5.86 Change of use from manufacture of spunconcrete pipe to manufacture of composts etc.

sM968/87 24.3.88 Extension of Mineral Workinc

sM387/88 7. 1 1.88 Change of use to haulage depot and remainder ofsite for storage of compost and related products

sMt082/88 28. 1.88 Variation of Conditions Nos. 8 and 11 attachedto permission NC 10451

sM91/825 27 .11.91 Extension of existing use ol land for productionof ready mixed concrete

sM93t287 11 40a Extension of sand and gravel workings on 7.6 haof land at Muddale Lane

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SECQND SCHEDULE

The Development

(a) The rationalisation and extension of the existing sand and gravel extraction

operations with progressive restoration to playing fields, commercial forestry and

conservation orientated grazing land, woodland and heathland habitats

(b) The transportation of the extracted sand and gravel primarily by field conveyor

to the existing processing plant and ancillary facilities

(c) The construction and use of freshwater and silt lagoons within existing and futureworked out areas with progressive restoration as in (a)

(d) The permanent diversion of the counslow Road onto a newly constructed parallel

route

(e) the temporary and penaanent diversion and creation of various public Rights ofWay including the Muddale Lane and Gypsy Lane byways

(f) The relocation of the blockmaking and concrete making plants

(g) The diversion of various powerlines and pipelines

34

THIRD SCHEDULE

Section 52 Agreement

Agreement dated the sixth day of November 1980 made between The Staffordshire

County Council (1) Croxden Gravel Limired (2) and David Biarr and William Andrew

Fairbaim (3)

FOURTH SCHEDULE

Schedule of Works to be undertaken to the Highways referred to:

Stage 1 Highway Works

D192 School Lane

1. Preliminaries (including temporary site accommodation and traffic control)

2. Accommodation works to frontases

3. Site clearance

4. Fencing and environmental barriers

5. Drainage and service ducts

6. Earthworls

I 7. Pavements (including capping layer, roadbase, sub-base and flexible surfacing)

8. Kerbing and footways

9. Traffic signing and road markings

J.]

Maintenance works to Dl92 School Lane

1. Preliminaries (including temporary traffic control)

2. Earthworks (including carriageway excavation)

3. Pavements (including roadbase and sub-base and flexible sudacing)

Stage 2 Highway Works

New Counslow Road

l- Preliminaries (including Temporary Site Accommodation and Traffic Control)

2. Accommodation works to frontages

3. Site clearance

4. Fencing and environmental barriers

5. Drainage and service ducts

6. Earthworks

7. Pavements (including capping layer, roadbase, sub-base and flexible surfacing)

8. Kerbing and footways

9. Traffic signing and road markings

10. Lighting

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2.

3.

4.

FIFTH SCHEDULE

Planning Conditions

Definition of Permission

This permission shall relate to the area as defined by the dashed/dotted line and

shown edged red on Drawing No. C.57l74A attached to this permission and is

for the development specified in the planning application documents.

This permission does not grant planning permission for the operation of any part

of the site or to the reintroduction on any part of the site of a horticultural

business including the re-erection of any plant, machinery, structures or

buildings for such use.

No excavation of sand and gravel shall take place except within the area shown

edged yellow on Drawing No. C.57l74A.

The winning and working of sand and gravel, the manufacture of concrete

products, the removal of sand and gravel from stockpiles, and the manufacture

and sale of ready mixed concrete hereby permitted shall cease not later than

30 November 2013, unless otherwise agreed in writing with the Mineral

Planning Authority.

If any of the permitted operations cease at a date eariier than that specified in

Condition No. 4 above, then the operator shall notify the Mineral planning

Authority in writing of the date on which the operation(s) ceased within 14 days

of the cessation of that operation(s).

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6, Restoration of the sire shall be carried out in accordance with the requirements

of condition Nos. 66 to 75 below, and complered within 24 months from the

date of the notice of cessation given in condition No. 5 above for a theoperations specified therein or within 24 months from the date specified for the

cessation of all operations in condition No. 4 above, whichever is the earlierunless orherwise agreed in writing with the Mineral planning Aurhority.

7. Following the construction of the rearignment of counslow Road and beforeentry into any part of phase B, 14 days prior written notification shall be given

to the Minerar planning Authority of the date of the commencement of any

operations required or associated with the winning and working of sand andgravel from phase B.

8. This permission shall expire when the restoration and aftercare requirements set

out in conditions Nos. 66 to 75 below have been completed in accordance withapproved plans and documents and to the specifications and requircments set outin those documents and olans.

Method of Working

9. The general method of the winning and working of sand and gravel shall be

carried out in accordance with the progressive working scheme shown onDrawing Nos. C.57l85a, C.57186, C.S7/97, C.S7/BgC, C.57l89A andC.5'1190A, commencing with working in phase A followed by phase B, thenPhase C, and then phase D, the final extraction area falling within phase E.

56

10. within three months of the date of this permission, a scheme of working shall

be submitted for the approval of the Mineral planning Authority providing

details of the method of working within phase A as shown in the Drawins No.

C.57l85a referred to in Condition 9 above.

ll. No sand and gravel shall be extracted from any subsequent phase of working

unless a scheme of working has been submitted to and approved by the Mineral

Planning Authority and the restoration works required under condition d7 for

each phase of working have been completed in accordance with the approved

plans. Each scheme shall include the followins:

(i) details of the extent of surface area, final levels and gradients ofexcavation;

(ii) details of the direction of working;

(iii) location of intemal haulage/conveyor routes;

(iv) location, size and depths of silt disposal areas;

(v) location, size, configuration and heights of soil and overburden

storage mounds;

(vi) provision of fencing and other security arrangements;

(vii) land drainage arrangements;

(viii) retention and protection of features of nature conservation interest

other than those referred to in Conditions 16 and 17:

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12.

lJ.

(ix) protection and maintenance of any public right of way including

fencing.

The schemes of working carried out for each phase of extraction shall be

implemented in accordance with the details approved by the Mineral planning

Authority unless otherwise agreed in writing.

Notwithstanding the requirements of conditions ll and 12, in the case of the

scheme required for the winning and working of phase B details of the special

affangements for working in this phase to minimise the level 0f visual intrusion

from the workings shall be submitted for the written approvar of the MineralPlanning Authority at the same time as the scheme required under condition I Iis submitted. The approved arrangements shall then be carried out inaccordance with the plans and documents approved under this condition and

Condition 1l above.

Notwithstanding the requirements set out in Conditions 11, 12 and 13 above

relating to the method of working, no extraction shall take place north of the

reservoir protection line shown on Drawing No. c.57lggc, until the followingdetails have been submit ed and approved by the Mineral planning Authority:

(i) An agreed slructural survey of the reservoir.

(ii) An agreed geotechnical survey report of existing quarry faces and

ground around the reservoir including recommendations on slope

stability and batter angles. This report shall also assess the potential

effects of a major escape from the reservoir on the proposed

surrounding batter slopes as well as the consequences of long term

seepage from the reservoir on ground stability.

t4.

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15. Any recommendations resulting from the geotechnicar investigations carried outin accordance with condition 14 above and approved by the Mineral planning

Authority shall be included and ca*ied out in conjunction with the workingscheme approved for phase D as required under Condition 11.

Before the winning and working of sand and gravel in phase B commences,

Pond P4 0n the drawings referred to in Condition g shall be the subject of adetailed survey to determine the presence and ecological value of the flora andamphibians and the water quality in that pond. The said survey, includingrecommendations for the steps to be taken, shall be undertaken in consultationwith English Narure and shall be submitted in writing to the Mineral planning

Authority for approval. The steps to be taken shall then be implemented inaccordance with any written approval by the Mineral planning Authority underthis Condition and Condition 17 below.

Before the winning and working of sand and gravel in phase C commences thefollowing details shall be submitted to and approved in writing by the MineralPlanning Authority:

(a) Details and location of the receptor site(s) for the translocation of anv floraor amphibians from pond p4.

(b) Details of the rrearment and maintenance of the site(s) identified in (a)

above to produce suitable physical conditions including water quality forits use as a receptor site(s) for any flora or amphibians.

(c) Phased arrangements for the satisfactory translocation of anv flora oramphibians from pond p4 to the receptor site(s).

16.

17.

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I(d) satisfactory arrangements for the safeguarding and management of thea

I translocated flora and amphibians for the duration of this permission

| *irhin rhe recepror si!s(s).

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r (.) Satisfactory arrangements for the safeguarding and management for any

I flora or amphibians remaining in Pond P4 for the duration of the

I Permission.

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18. The details approved under condition 17 above shall then be implemented inaccordance with the approved plans and documents unless the prior writtenconsent of the Mineral planning Authority is obtained.

Soil Removal and Storage

19. Prior to the winning and working of sand and gravel within each phase, allavailable turf, soil types shall be separately stripped, stored and retained in rhelocations approved under Condition ll.

20' No movemenr of soil shall take place except when the ful depth of soil is in asuitably dry condition.

2l' Prior to the commencement of soil stripping in any phase not less than 14 daysnotice in writing shall be given to the Mineral planning Authority.

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23.

1A

22. Topsoil and subsoil mounds shall be constructed to a maximum height of 5

metres and with only the minimum of compaction necessary to ensure stability.

Mounds shall be graded and seeded with a grass seed mixture to be approved

in wriring by the Mineral planning Authority and rhe sward shall be managed

throughout the period of storage in accordance with details previously agreed

in writing with the Mineral planning Authority.

Any overlap of soil types in a storage mound shall be kept to the minimum

necessary for the effective formation of the mound and the interface shall be

defined on-site and on a plan, in accordance with details previously agreed inwriting wirh the Mineral planning Authority, A copy of the plan should be

submitted to the Mineral Planning Authority prior to the completion of the

formation of the soil mound.

Soil mounds shall not be traversed by heavy vehicles or machinery except

during the construction or removal of these mounds.

Hours of Workins

25. No operadons hereby permitted shal be carried out except as set out berow:

(a) The extraction of sand and gravel shall be restricted to 0700 ro 1900 hours

Monday to Friday and 0700 to 1300 hours on a Sarurday. No such

operations shall take place on Sundays, Bank or public Holidays.

(b) The processing of sand and gravel shalr be restricted to 0600 to 2100

hours Monday to Saturday. Only by prior written approval of the Mineral

Planning Authority shan operation of the sand and gravel processing prant

take place outside these permitted hours.

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(c) The transportation of sand and gravel from the quarry shal be restrictedto 0600 to 2100 hours Monday to Saturday. Only by prior writtenapproval of the Minerars planning Authority shall rhe fansportation ofsand and gravel take place outside these permitted hours.

(d) All operations associated with the block and concrete making plants shallbe resrricted to 0700 to 1900 hours Monday to Fridays and 0700 to 1300hours on Saturdays. No such operations shall take place on Sundays,Baak or public Holidavs.

(e) Except in the case of emergency, no construction, servicing ormaintenance of plant or machinery shall be caried out except between thehours of 0600-2200, Monday to Saturday, and berween 0700_1300 onSundays. No such operaiions shall take place on any Bank or public

Holiday, unless otherwise agreed in writing with the Mineral plannine

Authoriry.

Ancillarv Buildings and plant

26' within six monrhs of the date of this permission, dera's shall be submitted forthe written approval of the Mineral planning Authority of the location and theuse of all buildings and plant erected on the site.

27' Wirhin 12 months of the date of this permission, any building or item of prantnot approved under Condition 26 above shali be removed from the site togetherwith any foundations, hardstanding areas, roadways, or accumurated stocks andthe land restored in accordance with an agreed restoration scheme to besubmirted to and approved in writing by the Mineral planning Authority within12 months of removal.

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28. Notwithstanding Condition 31 below all plant and machinery hereby permirred

shall be used solely for the winning, working and processing of sand and gravel

from the site.

29. NI buildings, plant and machinery hereby permitted shall be maintained in a

good condition and, in particular, their extemal appearances shall be maintained

in accordance with details to be agreed in writing with the Mineral planning

Authority and submitted within six months of the date of the oermission.

30. Prior to the commencement of mineral working within phase C, the block-

making and/or concrete plants curently within phase C shall be removed from

their existing locations and reconstructed in accordance with details to be asreed

under Condition 31 below.

31. Prior to the construction of the replacement block-making and/or concrete

plants, details shall be submitted for the approval of the Mineral planning

Authority including:

(i) the location and dimensions of buildings and planr;

(iD access to the plant area together with parking areas;

(iii) associated stocking areas for raw materials and final products;

(iv) extemal appearances,

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32. Notwithstanding the provisions of the Town and Country planning (General

Permitted Development) order 1995, or any other subsequent order revoking

or re-enacting that Order, planning permission should be obrained for the

erection of any other buildings, plant or structures.

33. No sand and gravel shall be imported onto the site for blending or processing

other than for use in block making and/or concrete production.

School Lane Improvements

34. The highway improvements along School Lane as shown on Drawing

Nos. 90BST/201-202 or such other agreed scheme shall be constructed to the

satisfaction of the Mineral Planning Authority prior to the winning and working

of any sand and gravel from phase B.

Counslow Road Diversion

No winning and working of sand and gravel shall take place within phases B,

C, D or E until a Road Closure Order has been confirmed and issued forCounslow Road and an alternative highway between the 85032 Ashbourne Road

and C.9 Rakeway Road has been constructed and is available for public use as

indicated on Drawing Nos. PBBRCT/CR/001-004 or any other subsequenr

revisions as may be approved by the Mineral planning Authority.

Prior to the closure of Counslow Road provision shall be made for the

maintenance of an access to the existing reservoir for vehicular traffic.

3'1 . The eastern end of that part of the existing counslow Road which is to be

closed and removed is to be encrosed and landscaped in accordance with a

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35.

36.

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scheme to be submitted to and agreed in writing by the Mineral planning

Authority prior to the opening to the public of the alternative highway.

38. within six months of the date of this permission, a landscaping scheme shall be

submitted for the replacement highway between 8.5032 Ashboume Road and

C.9 Rakeway Road. Such a scheme shall provide the following details:

(i) The extent and quantities ofsoil and overburden to be removed prior

to construction of the road including the translocaion of any

grassland turves.

(it Locations for the storage of soils removed from the construction area

and maintenance of soil storase mounds.

(iii) The replacement of soils and overburden following completion of the

new road including proposals for the use of surplus soils and

overburden.

(iv) Existing hedgelines and trees to be retained and protected during

construction works.

(v) Tree and shrub planting to supplement existing woodland areas and

sections of hedgeline, including details of species, type, size,

numbers, planting density, location, protection and weed control.

(vi) Seeding and cultivation of road embankments.

(vii) Timescale for soil replacement, planting and seeding works.

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(viii) Aftercare of hedgerows and woodlands to be retained or planted

outside the highway boundary including weed control, fencing,

replacement of any dead trees and shrubs for the five year period

following planting.

(ix) Aftercare of restored grassland including weed control, cropping

and fertilising.

Surface water drainage arrangements.

The arrangements for the relocation and replacement of any

wildlife habitats disturbed or destroyed during the construction ofthe road.

(x)

(xi)

39.

40.

The scheme approved under condition 3g shall be carried out in accordance

with the approved plans and the approved programme of implementation.

Prior to the commencement of road construction works, fencing shal be erected

along the perimeter of the road construction area in accordance with details tohave been previously agreed in writing with the Mineral planning Authority.This fence shall be maintained in a good condition for the duration of the

construction works.

Prior to the opening of the repracement highway a timber acoustic screen shallbe erected between Points A-B on Drawing No. c.57l74A in accordance withdetails previously agreed in writing with the Mineral planning Authority. The

fencing shall be retained and maintained for the duration of the permission

hereby granted.

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42' During the period for road construction works, no plant, machinery or vehicles

shall operate outside the fenced construction area boundary as required under

condition 40, unless required for landscaping works required under condition

38.

Access and Transoortation

No other access in connection with development hereby permitted shall be

gained to the site following the closure of the existing Counslow Road except

via the access onto Coppice Lane, as shown on Drawing No. C.57l24A.

The interna-l access road between the public highway and the wheel cleaning

facilities shall be surfaced within 6 months of the date of this permission in

accordance with details approved by the Mineral planning Authority.

within six months of the date of this permission, details of the facilities for the

cleaning of the wheels of haulage vehicles prior to those vehicles leaving the site

shall be submitted for the approval of the Mineral planning Authority.

vehicle cleaning facilities as approved under Condition 45 shail be installed

within three months of the approval date.

Within 12 months of the date of this permission, details of the haulage route

onto the 4.522 shatl be provided on a sign to be erected on the site inaccordance with details to be agreed in writing with the Mineral planning

Authority.

No vehicle carrying sand and gravel shall leave the site unless its load has been

sheeted.

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44.

45.

+o.

47.

48.

49

Environmental Protection

Dust

49. Best practicable means shall be used to minimise the dust caused by the

permitted operations and to prevent the emission of dust from the site. Inparticular, the following measures shall be employed:

(a) Water bowsers with control sprayers and approved substances shall be

used as often as is necessary to suppress dust on all intemal roads.

(b) During adverse weather conditions (i.e. dry, windy days), all dust

generating activities shall be suspended until weather conditions allow

these activities to continue without causins a dust nuisance.

(c) A road sweeper vehicle shall be used on all surfaced internal roads.

(d) All vehicles prior to leaving the site shall pass through the wheelwash

including those carrying ready mixed concrete once the concrete plants

have been relocated from their current location as reouired under

Condition 30.

(e) Windboards shall be erected on conveyors along sections of the conveyor

to be agreed with the Mineral Planning Authority.

(0 All drop heights along the conveyor routes shall be minimised.

(g) Any long term stockpile of mineral shall be dampened by sprays

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Noise

50. No site operations with the exception of the formation and removal of the outer

faces of soils and overburden mounds shall result in the free field site

attributable equivalent continuous sound level exceeding the existing background

levels set out in the attached schedule by more than l0 dB(A) at any noise

sensitive property subject to an upper limit of 55dB LAeq t hour and a lowerIimit of 45dB LAeq I hour.

The construction and removal of soil screening mounds shall only take place

between the hours of 0830 and 1730 on Mondays to Fridays and between the

hours of 0830 to 1300 on Saturdays. such operations shali be subject to an

upper limit of 70dB LAeq I hour (free field) and shall nor take place duringmore than eight working weeks in any one calendar year unless otherwise

agreed in writing with the Mineral planning Authority.

All vehicles and plant employed within the site shall at all times be fitted withsilencers in accordance with the manufacturer's recommendations and shall be

operated to minimise noise emissions.

No winning and working of sand and gravel shall take place in phases B to Einclusive until a scheme has been submitted for the approval of the MineralPlanning Authority detailing the arrangements for the monitoring of noise

generated on site.

The noise monitoring arrangements shall be implemented in accordance with the

details approved under Condition 53.

51.

52.

53.

54.

5l

55. Except in the case of an emergency, maintenance and running repairs of any

plant or machinery shall only take place within the working area or within the

confines of the fixed buildings and structures referreil to in condition 26 above.

56. All plant or equipment used in the winning and working of sand and gravel, the

manufacture of concrete blocks, the production of l'eady mixed concrete shall be

fitted with a warbler reversing system or such other system which wrll minimise,

so far as is reasonably practicable and subject to maintaining safety, the level

and generation of noise emissions from reversing warnings

Groundwater and Surface Water Drainage Protection

57. Unless otherwise agreed in writing with the Mincral Planning Authorlty no

excavations shall take place within 3 metres of the natural winter rvatertable as

defined by piezometer readings taken from boreholes to be sunk aroutrd and

within the site in accordance with details previously agreed in r,v|iting with the

Mineral Planning Authority. The iiequency of the readings and the form and

content ofthe clata collected shall be agreed in rvriting with the IVlineral Planning

Authority in consultation rvith the Environment Agency prior to the winning and

working of sand and gravel in Phase B.

58. Any facilities for the storage of oils, fuels, or chemicals must be sited on

impervious bases and surrounded by bund walls impenneable to the material

being stored unless otherwise agreed in writing with the Nfineral Plannrng

Authority. Ihe size of the bunded compound should be at least equivalent to the

capacity of the tank plus l0%. If there is multiple tankage' the compound

shout<l be at least equivalent to the capacity of the largest tank plus I0% All

filling points, vents and sight glasses must be located within the bund'

59. No contatninated surface water shail drain into a soiikalvay.

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60. No contaminated materials shall be imported onto the site at any time for the

resloration of the site. The restoration of the site shall be carried out using

clean on-site material only unless otherwise agreed in writing with the Mineral

Planning Authority.

Blasting

61. Except in the case of an emergency or as otherwise agreed in writing with the

Mineral Planning Authority, blasting shall not take place except between the

hours of 1000 ro 1200 and 1400 to 1600 Mondays ro Fridays ard 1000 ro lZ00

on Saturdays. No blasting shall rake place on Sundays, Bank or public

Holidays.

62. At least 14 days before the first blasr the Mineral planning Authority shall be

notified in writing of the commencement of blasting. Thereafter the dates and

times of blasting shall be specified on signs to be located at agreed positions

around the site.

63. No blasting operations shall result in ground vibration exceeding a peak panicle

velocity of 6mms-r in95Vo of all blasts measured over any period of six months

and no individual blast shall exceed l2mms'r ppv as measured at vibration

sensitive buildings (the measurement to be the maximum of three mutually

perpendicuiar directions taken at the ground surface).

64. Prior to the first blast taking place details of the arrangements for the future

monitoring of blasting shall be submitted for the written approval of the Mineral

Planning Authority.

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66.

67.

65. The monitoring approved under Condition 64

accordance with the approved details.

Restoration and Aftercare

shall then be carried out in

The restoration of the site for playing fields, commercial forestry, conseryation,

grazing land, woodland and heathland shall be carried out in general accordance

with the restoration concept plan C.57190A.

Notwithstanding the requirements of Condition 66 above within six months of

the date of this permission and prior to the commencement of working in phases

B to E inclusive, a detailed scheme of restoration for each of the individual

phases shall be submitted for the written approval of the Mineral planning

Authority. Each scheme shall include the following:

(a) Details of the restoration works that have already been carried out.

(b) Details of the restoration works to be caried out once sand and gravel

extraction has been completed in the phase including a timetable and

programme for the implementation of those works.

(c) Details of the restoration works to be carried out for the next phases of

working.

(d) A detailed plan showing the restoration of the whole quarry having regard

to (a)-(c) above and the restoration concept plan referred to inCondition 66 above.

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68.

69.

(e) The restoration works referred to above shall include:

retention and strengthening of hedgerows;

o treatment and planting of batters and excavated faces;

r regrading, treatment and landscaping of existing and proposed silt

lagoons and the quarry floor;

. tree planting and landscaping;

o drainage;

. reinstalement of footpaths, byways and bridlepaths.

(0 An annual written report of the restoration operations carried out in the

previous 12 months and the next 12 months.

The restoration works approved under Condition 67 shall be carried out in

accordance with the approved plans and the approved timetable and programme,

set out in any scheme.

Following the completion of any phase of restoration as required by

Conditions 67 and 68, a period of five years aftercare shall be undertaken in

accordance with details previously agreed with the Mineral planning Authority,

including the arrangements for monitoring/review on an annual basis of the

aftercare works carried out.

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70. Prior to the replacement of subsoil, the upper layers of overburden or in-situmaterials on areas to be retumed to agriculture shall be rooted with a heavy

duty subsoiler so as not to impede agriculture operations. such treatment

should ensure that for a total depth of at least one metre below the toDsoil

surface, there is:

(a) No shale, bind or other material injurious ro plant life.

(b) No rock, stone, boulder or other material capable of preventing orimpeding normal agricultural or land drainage operations including mole

ploughing or subsoiling.

(c) No wire rope, cable or other foreign objects.

(d) A reasonabiy level, but uncompacted, surface suitable to receive toosoil.

All available subsoil shall be respread evenly over those areas agreed to receive

such subsoil. No layer of replaced soil shall exceed 450mm thickness before

it is subsoiled (rooted) and the subsoiling operation must penetrate at least

l50mm into the underlying layer to relieve compaction at the interface. subsoil

shall be treated in accordance with the general requirements of condition No.

70 above.

AII operations involving soil replacement and cultivation treannents shall only

be carried out when the full volume of soil involved is in a suitably dry soil

moisture condition to minimise soil damage and to maximise the effects of the

subsoiling operation.

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IThe operator shat take all reasonable precautions to prevent the mixing oftopsoil' subso , soil-making material and overburden during the restoration ofthe site.

Afrer replacemenr and treatment of the subsoil, all available topsoil shall berespread evenly over all those areas agreed to receive such topsoil. The topsoilshall be subsoiled (rooted), cultivated in accordance with the requirements ofCondition No. 70.

75' Within six months of the completion of excavations all buildings, planr andmachinery, unress required for restoration, shafi be removed from the site edgedred as shown on Drawing No. C.57lZ4A unless otherwise agreed in writing withthe Mineral planning Authority.

Meteorological Monitoring Station

76' within 12 months of the date of this permission a meteorologicar monitoringstation shall be erected in the grounds of Laburnum cottage in accordance withdetails previousry agreed in writing with the Mineral planning Authority. Thestation shall include facilities for recording wind direction and speed, rainfalland temperature.

77 ' T'he station approved under condition 76 above shall be erected in accordancewith the approved plans within six months of the date of approval and shallthereafter be retained for the duration of the permission hereby granted.

78' Prior to the erection of the meteorological station required by condition 76details of the arrangements for the collection of data including frequency and theform and content of recording the data shall be agreed in writing by the MinerarPlanning Authority.

73.

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REASONS

1. To define the permission (Conditions 1,2, 3, 4, 5, 6,7, 8,26,27, 2g, 33 43).

2. To provide for an orderly method of working and to minimise the impact on

local amenity (Conditions 9, 10, ll, 12,30,31).

3. To mitigate the visual impact of both quarrying and the construction of the

replacement counslow Road in relation to views from cheadle (conditions 13.

40, 42).

4' To safeguard the structural integrity of counslow Reservoir and the stability ofground supponing the reservoir (Conditions 14 and lfl.

5. To protect rhe flora and amphibian population of pond p4 (conditions 16, 17

and l8).

6. To secure a good standard of restoration and beneficial afteruse of the site

(Conditions 17, t8, 66, 67, 68, 69,70, 7t, 72, 73,74,7il.

7. To protect soil resources for restoration purposes (conditions Lg, 20, zL, 22,

23,24).

8. To safeguard the environmental amenity of local residents and visitors to the

area (Conditions 25, 29, 4t, 49, 50, 5 t, SZ, 53, 54, 55, 56, 61, 62, 63, 64, 65,76,77, 78).

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10.

11.

1)

To retain only those buildings and items of plant and machinery necessary for

permitted operations (Conditions 26, 27, 28).

To safeguard and enhance the appearance of the site which is within a Special

Landscape Area (Conditions 29, 31,32,37,38, 39).

To mitigate the impact of traffic associated with the development on the local

community of Freehay (Condition 34).

To provide a replacement public highway prior to the destruction of the existing

alignment of Counslow Road (Condition 35),

13. To maintain adequate access to the Counslow Reservoir (Condition 36).

14. In the interests of the safety and convenience to other highway users (Conditions

, 44, 45, 46, 47, 48).

15. To protect surface and ground water resources (Conditions 57, 58, 59, 60).

16. To monitor any changes in windflow pattems that may result from the impact

of quarrying (Conditions 76, 77, 78).

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SCHEDULE OF BACKGROUND NOISE LEVELS

(REFER TO CONDITION 50)

Extract from report by Walker-Beak.Mason partnership

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Location Existing L90 Existing LAeq

Beech Farm 36 +J

Coppice Side 29 39

Lightoaks Farm 29 42

Brown Bank Farm 36 49

The Highwayman 35 6l

Counslow Lodge J+ 53

Moss Lane Farm 33 57

Rakeway Head 35 44

Queens Arms 36 58

Freehav Farm 33 60

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SD(TH SCHEDULE

The Measures

(i) A)l drivers of heavy goods vehicles used in connection with the site will be issued

with instructions as to the lorry routes to be followed

(ii) A condition will be included in the contracts with regular users of rhe sire thar

heavy goods vehicles entering or leaving the site use the route shown on plan No. Bvia Sandy Lane, Counslow Road and School Lane on to the 4.522

(iii) Notices will be displayed on the site showing the routes to be followed bv heavvgoods vehicles entering and leaving the site

(iv) Any driver found not to be complying with the designated routes w l be given

a verbal warning

(v) Any driver who is found not to be complying with the designated routes after

having been given a verbal waming will receive a written warning

(vi) Any driver who is found not to be complying with the designated routes after

receiving a written warning will be banned from using the site for one month

(vii) Any driver who has been banned from the site and is gubsequently found nol tohave followed the designated routes wi.ll be banned from the site Dermanentlv

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SEVENTH SCHEDULE

The Aftercare Management Plan as hereinbefore defined at clause 13.4(b) shall

include all those areas shown on the restoration "concept" plan being Drawing No.

C.57l90A annexed hereto allocated for:-

(a) conservation ponds and wetlands;

(b) conservation woodland including hedges

(c) heath, scrub, grassland, mosaic habitats;

(d) heathland;

(e) conservation pasture and meadow,

EIGHTH SCHEDULE

GUARANTEE

THIS GUARANTEE is issued this day of 1996 by Lloyds

BanI( PLC of 71 Lombard Srreer LONDON EC3p 3BS (the Bank)

Whereas

(a) an agreement ("the Agreement,') dated has been entered

into between the following parties:

(1) STAFFORDSHIRE COUNTY COUNCIL ("the County")

(2) TARMAC QUARRY PRODUCTS LIMITED (,,the First Owner")

(3) CROXDEN QUARRIES LIMITED ("the Second Owner,')

(4) TARMAC ROADSTONE HOLDINGS LIMITED ("the Third Owner.)

(5) LANDS IMPROVEMENT FINANCE LIMITED(6) WILLIAM ANDREW FAIRBAIRN and WILLTAM FORBES PETRIE

GAMMIE

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(the First Owner, the Second Owner and the Third Owner collectively being referred

to as "the Owners")

(b) under the Agreement the Owners have undertaken to provide the County with a

Guarantee in the terms hereof

(c) all references to Appendices shall mean those attached hereto (du1y initialled for

the purposes of identification)

NOW the terms of this Cuarantee are as follows:-

1. The Bank (at the request of the Owners) hereby irrevocably guarantees to pay to

the County upon written demand in accordance with the terms hereof the amount

payable hereunder at thc date of any demand by the County (such being the amount

specified in Appendix I as being due on the last date shown therein before the date

of demand) PROVIDED THAT

(a) any demand shall be in the form of Appendix 2 together with a Certificate of

Default in the form of Appendix 3 specifying that any of the events in Clause 5 have

occurred.

(b) any demand shall be accompanied by copies of letters sent by the County to the

Owners by first class recorded post 14 or mote days before the date of demand

substantially in the form of Appendix 4

(c) any demand shall not be greater than the amount shown as due in respect of which

an Amendment Notice has been or is due to be issued

2. This Guarantee shall come into force simultaneously with the Agreement and will

be increased by the amounts specified and referred to in Appendix 1. These increases

shall become effective on the dates specified in Appcndix I and be recorded through

the issue by the Bank to the County (copied to the Owners) of Amendment Notices

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confirming the same in the form of Appendix 5 PROVIDED TIIAT the maximum

amount of this Guarantee shall not at any time exceed f150,000 plus Total Interest

as defined in Appendix 1, and that the total aggregate liability hereunder shall not

exceed f,1,000,000.00 (one million pounds)

3. The amount payable under the Guarantee shall reduce as follows:

(a) Upon receipt by the Bank of notification from the County (following

completion of the full restoration of the whole of the site in accordance with

Clause 13.2 to 13.4 inclusive of the Agreement to the satisfaction of the

County) in the form of Appendix 6 (copied to the Owners) which authorises

the reductions to be made herein, the amount payable under the Guarantee

shall be so reduced forthwith and following receipt thereof by the Bank such

reduction shall be recorded through the issue by the Bank (within 14 working

days thereofl to the County (copied to the Owners) of Amendment Notices

confirming the same.

(b) Upon receipt by the Bank of Notification that the restoration and aftercare

of the site has been completed to the satisfaction of the County in accordance

with clause L3.2 Io 13 .4 inclusive of the Agreement in the form of

Appendix 7 (copied to the Owners) or upon the expiry of five years from the

date hereof (or longer period if extended in accordance with Clause 4 below)

whichever is the earlier this Guarantee shall be cancelled (except in respect of

any demands made in accordance with Clause I hereof prior to such expiry).

4. During each 12 month period of the validity of this Guarantee the Owners may

make one request to the Bank that the duration of this Guarantee be extended to a

later expiry date PROVIDED THAT the new expiry date shall nor be more than five

years from the date of such request and that nothing herein creates an obligation upon

the Bank to srant such extcnsion

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5. For the purposes of clause 1(a) the events which would give the county the right

to make a demand under this Guarantee are (so long as in the case of (a) to (0 below

such action has not bee withdrawn or vacated within 30 days of such being requesred

by the County):

(a) If any of the Owners have a proposal for a voluntary iurangement

approved in accordance with the Insolvency Act 19g6

(b) If any of the Owners are the subject of an applicarion made under

the Insolvency Act 1986 to the Court for the makins of an

administration order

(c) If any of the Owners have a winding up order made against them or(except for the purposes of amalgamation or reconstruction), a resolution ofvoluntary winding-up is passed

(d) If any of the Owners has a provisional liquidator, receiver or manager ofthe business or undertaking duly appointed.

(e) If any of the Owners have an administrative receiver as defined in the

Insolvency Act 1986 appointed

(t) If any of the Owners have possession taken by or on behalf of the holders

of any debentures secured by floating charge of any property comprised in or

subject to the floating charge

(g) If at any time whilst the Agreement remains in force any of the Owners

are in default or breach of any of their obligations thereunder in a material

respect AND the County having served notice in writing on the Owners

specifying the material default or breach and shting the required period oftime to rectify the default or breach, the rectification of the default or breach

is not commenced diligently AND at the expiry of the period specified in the

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notice the default or breach has not been rectified to the reasonable satisfactionof the County

(h) If the county requests the owners to provide an extension to orreplacement in corresponding terms of this Guarantee such extension orreplacement having an expiry date no greater than five years from the dare ofthe request for extension or replacement and the owners do not provide suchan extensl'n or replacement within three calendar months of such requestPROVIDED THAT the County may only make such request once duringeach 12 month period of the validity of this Guarantee

6. For the purpose of this Guarantee the owners shall be represented by the companysecretary and solicitor of the First owner and any request made by him on behalf ofthe Owners shall be deemed to be duly authorised for such purpose

7. This Guarantee shall be governed by and construed in accordance with the laws ofEngland and shall be subject to the exclusive jurisdiction of the English couru.References to provisions of statutes shall include any furure smtutes which modifvre-enact or consolidate the same

IN WTTNESS WI{EREOF this Guarantee has been executed by the owners andLloyds Bank PLC this

day of 1996

THE COMMON SEAL of )

TARMAC QUARRY PRODUCTS )LIMITED was hereunro )affixed in the presence of:- )

Director

Secretary

oo

TIIE COMMON SEAL of

CROXDEN QUARRIES

LMITED was hereunto affixed

in the oresence of:-

THE COMMON SEAL of )

TARMAC ROADSTONE )

HOLDINGS LIMITED was )

hereunto affixed in the presence )

of:- )

SIGNED and DELIVERED

as a DEED by JOHN

JACKSON PAGE as ATIORNEY

for LLOYDS BANK plc

in the presence of:-

)

)

)

)

Director

Secretary

Director

Secretary

)

)

)

)

)

PO Box 3

Queen Square

Wolverhampton

West Midlands

wvl ITF

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APPENDXK 1

Date Relevant to Amounts Amount of Increase Amount of Guarantee

Before Reductions or

Cancellations

(date of agreement) s,000 5,000

I October 1996 5,000 plus Interesr 10,000 plus Total Interest

I April 1997 5,000 plus Interest 15,000 plus Total Interest

I October 1997 5,000 plus Interest 20,000 plus Total Interesr

I April 1998 5,000 plus Interest 25,000 plus Total Inreresr

I October 1998 5,000 plus Interest 30,000 plus Toral Interesr

t April 1999 5,000 plus Interest 35,000 plus Toral Inrerest

I October 1999 5,000 plus Interest 40,000 plus Toral Inreresr

I April 2000 5,000 plus Interesr 45,000 plus Toral Inrerest

I October 2000 5,000 plus Interest 50,000 plus Total Interesr

1 April 2001 5,000 plus Interest 55,000 plus Toral Inrerest

I October 2001 5,000 plus Interest 60,000 plus Total Inrerest

| Apfl2ffi2 5,000 plus Interest 65,000 plus Toral Interest

I October 2002 5,000 plus Interest 70,000 plus Total Interesr

I April 2003 5,000 plus Interest 75,000 plus Toral Interest

I Ocrober 2003 5,000 plus Interest 80,000 plus Total Interest

1 April 2004 5,000 plus Interest 85,000 plus Total Interest

I October 2004 5,000 plus Interest 90,000 plus Total Interesr

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Intcrest will continue to accrue post 1 April 2011 on f150,000 plus Total Interest.

Interest will be calculated on the amount guaranteed under the Guarantee for each sixmonth period at the Local Authority six month money market rate which appertainson the first business day of each six month period as published in the Financial Timeson the next business day and the amount of increase of the Guarantee will include thisamount of the first day of the next six month period. Each six month period for thepurpose of this clause is deemed to commence on I April and I october of each vear.

I

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1 April 2005 5,000 plus Interest 95,000 plus Total Interesr

I October 2005 5,000 plus Interest 100,000 plus Toral Inreresr

I April 2006 5,000 plus Interest 105,000 plus Total Inrerest

1 October 2006 5,000 plus Interest I i0,000 plus Total Interest

1 April 2007 5,000 plus Interest 115,000 plus Toral Interest

I October 2007 5,000 plus Interest 120,000 plus Total Interest

I April 2008 5,000 plus Interest 125,000 plus Total Interest

I October 2008 5,000 plus Interest 130,000 plus Total Interest

I April 2009 5,000 plus Interest 135,000 plus Total Interesr

I October 2009 5,000 plus Interest 140,000 olus Total Interest

I April 2010 5,000 plus Interest 145,000 plus Total Interest

i October 2010 5,000 plus Interest 150,000 plus Total Interest

69

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APPENDIX 2

(Form of written demand from Staffordshire County Council to the bank)

To: Lloyd Bank PLC of

Dear Sirs,

Re: Your Guarantee No. dated

We refer to the above referenced guarantee. We enclose a copy/copies of letter/s

from us to linsert names of Owner/s ("the Owner/s")] which were sent to the Owners

by first class post on [ [ which is more than 14 working days before the date of this

demand.

We enclose a Certificate of default duly signed by the County Surveyor/Treasurer.

We certify that the sum of [ ] has become due and payable to us as a result of an

event contained in Clause (5) of your guarantee having occurred and that the Owners

have not taken sufficient steps to remedy the situation as provided for in Clause (5).

We therefore demand payment from you of the sum of [ ] under your guarantee.

Please make payment by your cheque to Staffordshire County Council.

We certify that the signatory/ies of this statement are duly authorised to sign on

behalf of Staffordshire County Council and we enclose a certified copy document

evidencing the authority of the signatory/ies of this demand.

Yours faithfully,

Signed on behalf of Sraffordshire County Council bv

Clerk to the County Council

70

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APPENDIX 3

Certificate of Default Re: Croxden euarry, Freehay,

Cheadle, Staffordshire

I hereby certify that the following event specified below, being one or more of the

events contained in clause 5 0f the Guarantee issued by Lloyds Bank plc dated

has occurred: -

Specified Event/s

Authorised Officer for and on behalf of

Staffordshire County Council

71

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APPENDD( 4

FORM OF LETTER FROM THE COUNCIL TO THE OWNERS

Dear Sirs,

Croxden Ouarrv. Freehav. Near Cheadle. Staffordshire

As explained in previous letters the event specified below being one of the events

contained in Clause (5) of the Guarantee issued by Lloyds Bank PLC dated ....... has

occurred and you have not taken sufficient measuies to remedy the situation.

Specified Event:

This letter therefore notifies you that unless within the next 14 days you take

measures adequate to remedy the above we shall be entitled without funher notice to

call for payment under the guarantee given on your behalf by Lloyds Bank PLC.

Yours faithfully,

S taffordshire County Council.

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APPENDX 5

(Fona Of Amendment Notice)

To: S taffordshire County Council

Dear Sirs

Re Our Guarantee No Dated

The above referenced Guarantee has been increased/decreased in accordance with the

terms thereof as follows:

Amount of

Increase/Decrease

Effective From Amount now Guaranteed

Yours faithfully

Lloyds Bank PLC

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APPENDD( 6

(Form of Notification)

To: Lloyds Bank PLC

Dear Sirs

O Re Your Guarantee No

Following restoration work canied out on the site in accordance with the terms of the

Asreement the above Guarantee may be reduced/cancelled as follows:

Amount of Reduction/ Effective From Amount Now Guaranteed

Cancellation

Terms in this letter have the meanings assigned to them in the Guarantee.

Yours faithfully

Staffordshire County Council

74

APPET{DD( 7

(Form of Notification to the Bank by the County of Completion of

Satisfactory Restoration and Aftercare)

To: Lloyds Bank PLC

Dear Sirs

Re Your Guarantee No

We refer to the above referenced Guarantee and advise you that restoration and

aftercare has been completed to our satisfaction and that the above referenced

Guarantee can now be cancelled.

Yours faithfully

Signed on behalf of Staffordshire County Council

75

IN WITNESS WHEREOF the County the First Owner the Second Owner the Third

Owner have caused their respective Common Seals to be affixed to this Deed and the

Chargee and the First lrssor have signed this instrument as a Deed the day and year

first before written

THE COMMON SEAL of )

STAFFORDSHIRE COUNTY COUNCIL )

was hereunto affixed in the presence of:- )

Deputy Clerk

THE COMMON SEAL of

TARMAC QUARRY PRODUCTS

LIMITED was hereunto affixed

in the presence of:-

Director

Secretary

THE COMMON SEAL of

CROXDEN QUARRIES LIMITED

was hereunto affixed

in the presence of:-

DirectorI

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16

Secretary

TIIE COMMON SEAL of

TARMAC ROADSTONE HOLDINGS

LMITED was hereunto affixed

in the oresence of:-

EXECUTED as a Deed by the said

\*, Director

Secretary

Director

Secretary

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SIGNED as a Deed by the said

WILLIAM ANDREW FAIRBAIRN

in the presence of:-

n -{''t-,t ,.V,onP( r,J )-

/ F |*l)-*^tg ?p''r {j/J

( l^t c lt"-ut I- r'"'-^A

Vr*n" )

77

Improvement Finance Limited (5) and W.A. Fairbairn -+ng-u4+.H€#.nie-{6)

Relating to Croxden Quarry Freehay near Cheadle Staffordshire

INDEX OF PLANS referred

to in Sl06 Agreement aated ..3-.rd...0.ClrCrbC..l99h ^ud" between

Staffordshire County Council ( I ) Tarmac Quarry Products (2) Croxden

Quarries Limited (3) Tarmac Roadstone Holdings Limited (4) Lands

PlanA-SitePlan

Drawing No. 90BST/201 ) School Lane

90BST/202 ) Highway Works

Drawing No. C57ll/106 - Land dedication

'(lDrawing No. PBBRCT/o1I )Itl

PBBRCT{O02 ) New Counslow

PBBRCT4003 ) Roadi r.t

PBBRCT/pO4 )

Drawing No. C57l2/106A' - Land dedication

Drawing No. 2H0658/ROOl02 - Clause 9,16

PlanB-Vehiclerouting

Plan A(l) - Extended Aftercare land

Plan C - Permission No, NC8500

Plan D - Legal Charge - clause 19

Drawing No. C57l74A - Application Area

Drawing No. C57l85a - Phase A

Drawing No. C57l86 - Phase B

Drawing No. C57l87 - Phase C

Page

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3

4

5

6- ,8

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l2

l3

l4

l5

l6

LI

l8

l.

t

3.

4.

lo

20

2l

l5

16.

17.

Drawing No.

Drawing No.

Drawing No.

C57l88C - Phase D

C57/89A - Phase E

C57/90A - Final Restoration