1. The winning and working of mineral shall cease not later than 21st February 2042.

2. No vehicles, plant or equipment hall be parked or stored on the site except those belonging to member of staff or associated with brick making, clay excavation, restoration operations or aftercare operations on the site.

3. All vehicles used for the transportation of clay from any part of the site to the on the brick manufacturing factory shall use internal site roads only and clay intended for that factory shall not be transported outside the site.

4. Access to and from the site for all purposes connected with the winning and working of minerals, including restoration and operations and the removal of clay from the site shall be directly from Birkenhead Road only.

5. Within six months of the date on which the new conditions are finally determined in accordance with the provisions in Section 22 and Schedule 2 of the Planning and Compensation Act 1991, a notice board shall be erected at the site entrance with Birkenhead Road, indicating the name and telephone number of the operating company and representative of the operators. The notice board shall be maintained in sound and legible condition throughout the period of working, restoration and aftercare.

6. Water from the site shall be discharged into approved settlement ponds before discharging into any ditch, stream, watercourse or culvert outside the site. From the commencement of the development until restoration of the site, mud and silt must be removed from the settlement ponds to avoid reducing their capacity for retaining water.

Facilities shall be made available in order to provide extra treatment where necessary (e.g. addition of coagulant) and shall be used so that any discolouring effect of the discharges is controlled to a level acceptable to the mineral planning authority.

Upon cessation of mineral extraction, all settlement ponds shall be emptied and filled with dry, inert material of a type to be agreed beforehand in writing by the mineral planning authority unless ponds are to be retained as part of the approved restoration scheme for the site.

7. Before any further winning and working of minerals takes place, the signs shown on submitted drawing 000/003/A2C concerning directions for vehicular traffic shall be erected and shall be retained until the completion of restoration of the site. Details of the size of the signs shall be submitted to and approved in writing by the mineral planning authority before they are erected. Letters in the sign shall have a minimum height of 50mm and the signs shall contain a border around the outside of the works of 75mm minimum width. Sign shall be erected less than 1m above ground level and shall not exceed a total height of 2.5m above ground level.

8. A minimum of 8m of unexcavated land shall be left undisturbed around the perimeter of the site where it adjoins:

(a) Carr Lane and

(b) Any areas of land that have not been the subject of mineral extraction

9. A minimum distance of 50m shall be maintained between any dwelling and the nearest mineral extraction area.

10. The minimum depth of extraction shall be 12m bellow ordnance datum, as indicated on the applicant submitted plan No 333/109.

11. Parking, loading and unloading shall only take place in the areas referred to in the submitted drawing no. 000/003/A2C.

12. Notwithstanding Part 19 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking that Order), planning permission shall be required under Part III of the Town and Country Planning Act 1990 for the erection or re-siting of any building, plant or machinery or structure or erection of the nature of plant and machinery.

13. Stockpiles of minerals shall not be located within areas 10,11 and 12 as shown in submitted plan 000/003/A2C and any stockpiles shall be no higher than the nearest unexcavated land or perimeter screen mounds if the stockpiles are closer to such mounds. For the avoidance of doubt, the term mineral in the context of this condition excludes top soil or subsoil.

14. No top soil or sub soil shall be removed from the site.

15. Save for pumping operations which may be necessary in connection with operations required by condition 6 operations authorised by the planning permission and this determination, including the movement of heavy vehicles and plant entering and leaving the site shall be restricted to the following periods:-

07.00 to 19.00 hours Monday to Fridays

07.00 to 17.30 hours Saturdays

No operations or maintenance, servicing and testing of plant and vehicles shall take place outside these hours or on Sundays or Public Holidays except with the prior written approval of the mineral planning authority.

16. No landscape earthwork's authorised by this determination within 8m of the site perimeter shall be carried out except between the hours of 08.30 and 17.00 Mondays to Fridays inclusive, unless otherwise agreed in writing with the mineral planning authority. No landscape, earthwork's shall take place on Saturdays, Sundays, Bank or Public Holidays.

17. The base of all storage mounds shall be located a minimum distance of four metres away from any existing hedge or tree on the perimeter of the site.

18. Existing wheel cleaning equipment shall be maintained and shall remain positioned in its existing location shown on Working Plan No 000/003/A2C.

19. All heavy goods vehicles leaving the site shall have their wheels cleaned be the equipment referred to in condition 18 or such other equipment as may be approved by the mineral planning authority.

20. At all times when the site is operational, a water bowser or similar for the suppression of dust on all internal roads and areas crossed by heavy goods vehicles and plant shall be available within the site and shall be kept in full working order. The equipment shall be used as may be necessary to water areas within the site, so as to prevent the raising of dust.

21. Any existing internal roads shall be maintained and kept suitably hard surfaced with quarried limestock, brick hardcore, furnace slag, crushed concrete, tarmac or other materials agreed beforehand in writing with the mineral planning Authority. Any new internal roads shall be similarly treated before they are brought into use.

22. Noise levels from soil replacement or baffle mound formation, shall not exceed 70 dBL Aeq (1 hour) (freefield) measured at 1 metre from the facade of any house. Such operations shall not exceed a total of 8 weeks in any 12 month period and shall only take place between 08.30 and 17.00 hours Monday to Friday.

23. Other than those operations and restrictions referred to in condition 22 noise from the operations and any associated activities shall not exceed the following level when measured at 1 metre from the facade of any house:-

55 dBL Aeq (1 hour) (freefield) between

08.00 and 19.00 hours Mondays to Fridays and

08.00 and 13.00 hours Saturday

24. Between 06.30 and 08.00hrs and between 19.00 and 19.30 hours Monday to Friday and on Saturday between 06.30 and 08.00 hrs and between 13.00 and 17.30 hrs noise from the operations and any associated activities shall not exceed the following(measured as 1 hour Leq):-

a) 47 dBA at the nearest house in Cardus Close.

b) 53 dBA at any point 30 metres to the east of the site boundary to the north of the

brickwork buildings.

c) 48 dBA at the nearest house in Barn Hey Crescent.

25. All hedges and trees on the perimeter of the site shall be retained.

26. Stockpiles consisting solely of subsoil shall not exceed 4 metres in height.

27. Top soil and subsoil shall not be stored in the same stockpile except in the following circumstances:-

a) the stockpile shall be no more than 4 metres in height.

b) only subsoil shall occupy the bottom 2 metres of any such stockpile.

c) any topsoil shall be stored separately from and above the subsoil.

d) before the placement of any topsoil on the subsoil comprising any stockpile the mineral planning authority shall be given at least 14 days’ notice in writing to enable it to inspect the stockpile.

28. By no later than the  31st March 2016 restoration and aftercare schemes shall be submitted to the mineral planning authority for its approval in writing. If schemes have not been submitted by this specified date the winning and working of mineral from the site shall cease until such time as schemes have been submitted. If schemes have not been approved by the mineral planning authority within six months of them having been submitted the winning and working of minerals shall cease unless and until an appeal against such failure to approve has been made to the Secretary of State and unless that appeal is still current and undecided. In such an eventuality the winning and working of minerals shall cease if the appeal is dismissed and it shall not recommence until schemes have been approved, except if the date of  31st March 2016 has not passed in which circumstance, the mineral extraction activity may continue until that date.

29. The restoration scheme referred to in condition 28 shall be carried out and completed within 2 years of the cessation of working or such other period as may be approved in writing by the mineral planning authority during consideration of the restoration scheme referred to in condition 28.

30. The restoration scheme referred to in condition 27 shall provide for the restoration of the whole of the area subject to the scheme and shall include the following:-

(a) final levels and gradients in the form of contour lines on which the final restoration and after use shall take place.

(b) locations and depths of any water areas which may form part of the final restored site.

(c) details of the use of soils and soil making materials, depth and nature of topsoil and subsoil and handling methods for soil movement.

(d) details of the type of vegetation including numbers of species of trees, shrubs and other plants and grass and hedgerow seed mixes) over all areas not to be permanent water features

(e) details of the after use of all parts of the site.

(f) the location and composition of any hedges and the location and type of any fences,

(g) the soiling of alt areas which are not designed to be permanent water areas,

(h) preparation of the land for cultivation.

(i) details of the measures to be taken to protect any water areas designed to form part of the restored site from pollution by any existing waste material that has previously been deposited on the site of this application.

31. Except in the circumstances set out in condition 30 topsoil shall be stored in a stockpile separate from any other material and stockpiles shall not exceed 2 metres in height.

32. The surface of any subsoil, topsoil or subsoil/topsoil stockpiles shall be seeded with a leguminous seed mixture, details of which shall be submitted to and agreed in writing by the Mineral Planning Authority before the formation of any stockpiles. Seeding shall take place within six months of deposition of the stockpile to the satisfaction of the Mineral Planning Authority.

33. The soil stockpiles shall only be located in the areas indicated on drawing no. 000/003/A2C and shall have side slopes no steeper than 1 in 1.

34. Plant and vehicles shall not cross or rest on areas of deposited topsoil or subsoil except for the purpose of working the soil in accordance with the aftercare plan.

35. The movement of topsoil and subsoil shall only be carried out when the material to be moved is sufficiently dry to minimise structural damage and only in dry weather conditions and in any event only between April and September.

36. For the purposes of this determination the permanent cessation of the winning and working of minerals shall mean not carrying out any mineral extraction for a period of 10 years from any location within the areas subject to the determination of conditions in applications IDDOC/95/6338/D and EADOC/97/6665/D.

37. Without prejudice to the requirements of conditions 26 and 27 in the event that the winning and working of minerals permanently ceases before the date specified in condition 1 without the full depth of mineral having been excavated, schemes of restoration and aftercare, which shall include the matters referred to in conditions 28 and 38, shall be submitted within 12 months of permanent cessation for the written approval of the mineral planning authority. Within 2 years of the written approval of the schemes by the mineral planning authority or any schemes which are approved on appeal by the Secretary of State or imposed by the mineral planning authority (or such other period as may be approved in writing by the mineral planning authority) the whole site shall be restored in accordance with the approved or imposed scheme. In the event of schemes being submitted to but not approved by the mineral planning authority and where no appeal is made against such non-approval the mineral planning authority shall impose schemes. After use of the site in accordance with the approved or imposed scheme shall take place immediately following completion of restoration.

38. The restoration and aftercare schemes referred to in conditions 26 and 37 shall include details of the management of restored soils; (including fertiliser type, rates, method and timing of application); planting and maintenance of vegetation and drainage patterns for a five year aftercare period; provision of a proper means of surface water and soil drainage; a programme of work.

39. Restoration of the site shall not involve the use of any imported controlled waste other than that which is already on the site and not the subject of the enforcement notice issued on 2nd November 1989 nor shall it involve the filling of any existing or future voids with controlled waste already on the site, unless a separate planning permission is granted for such operations. For the avoidance of doubt, in this context 'the site' means the area subject of this application - i.e. the areas subject of Interim Development Order permission no. 6663.

40. Details of the type and amount of any imported materials to be used in the restoration of the site shall be provided as part of any restoration scheme. For the avoidance of doubt, (i) such materials cannot include any controlled waste (see condition 39) and (ii) "restoration" has the meaning given to the word in Minerals Planning Guidance (MPG) 14 paragraph 115

41. All soil materials used for restoration shall be free of stones greater than 150mm diameter and other deleterious materials.

42. No further work shall take place nor shall any vehicle, plant or equipment enter or be placed or allowed to remain on an area after it has been restored without the prior written agreement of the Mineral Planning Authority unless it is needed in connection with the maintenance of the area or the approved after use.

43. All plant associated with the excavation of clay shall be removed from the site on completion of day extraction, unless it is required for the restoration of the site.

44. The approved aftercare scheme(s) shall be implemented immediately following the completion of the relevant restoration scheme.

45. Unless previously agreed in writing by the Mineral Planning Authority, upon permanent cessation of mineral extraction all haul roads/access roads/areas of hard standing created in connection with the development subject of Interim Development Order permission no. 6663 and this determination shall be broken up and removed from the site and the land restored in accordance with the approved scheme(s).

46. For the avoidance of doubt with the exception of the extraction depth referred to in Condition 10 none of the proposals contained in the submitted plans 333/101 to 125 or the submitted reports entitled 'Quality Assessment of Land Use, Restoration and After use Proposals', 'Carr Lane Wildlife Reserve and Community Woodland Management Plan1 or the document attached to Cass Associates letters of 27th January 1995 are approved for the purposes of this determination.

47. All mobile fuel tanks shall incorporate an inner fuel holding tank and an outer bund tank of capacity at least equal to 110% of the inner tank. All filling points, vents, gauges and sight glasses shall be located within the bund. Oils, chemicals and greases shall be placed in a secure store and kept within the manufacturer's container.

48. This determination relates to the area granted permission under the interim development order permission no. 6663 on 8th July 1947, this area being edged red on the plan endorsed 'approved' with Hoylake Urban District Council's stamp. In so far as it refers to the area subject of the interim development order permission, plan no. 000/003/A2C shall form part of this determination.

49. Within six months of the date of this determination, or within six months of the recommencement of mineral extraction operations whichever is later a scheme for the disposal of all surface, ground and foul water arising within the site shall be submitted to, and for the approval of, the Mineral Planning Authority. Such a scheme shall be designed so as to avoid the contamination of surface and ground waters outside the site, and shall include details of the design and capacity of all settling ponds, drains, outfalls and sluices.

50. Within six months of the date of this determination, or within six months of the recommencement of mineral extraction operations whichever is later a scheme for the monitoring of surface water flow and quality from the site shall be submitted to, and for the approval of, the Mineral Planning Authority. Such a scheme shall include details of the measurements to be taken, and the frequency of monitoring.

51. Within six months of the date of this determination, or within six months of the recommencement of mineral extraction operations whichever is later a scheme for the monitoring of ground water levels and quality shall be submitted to, for the approval of, the Mineral Planning Authority. Such a scheme shall include:

a. the locations of monitoring boreholes along the northern margins of Areas 2 and 10, and within Area 1, as shown on Drawing 000/003/A2C;

b the measurements to be taken and the frequency of monitoring.

52. The drainage scheme approved under Condition 49 above shall be implemented within one month of its approval, and maintained throughout the operation of the site, unless revised proposals are approved in writing by the Mineral Planning Authority under condition 55 below.

53. Notwithstanding the generality of Condition 52 above, the details of final restoration of any part of the site required by Conditions 26 and 27 shall include provision for any necessary amendments to the drainage scheme which arise as the site is restored.

54. The surface and ground water monitoring schemes approved under Condition 50 and 51 above shall be implemented throughout the operation of the site, unless otherwise agreed in writing beforehand by the Mineral Planning Authority. The results of the monitoring schemes shall be submitted to the Mineral Planning Authority within twenty eight days of each measurement being carried out

55. In the event that the results of the ground water and surface water monitoring schemes approved under Conditions 50 and 51 above indicate that the operation of the site is likely to harm the nature conservation interests of the nearby Meols Meadow SSSI due to the quantity of water disposed of, then:

a. a revised drainage scheme shall be submitted to the Mineral Planning Authority to replace the scheme approved under Condition 49 above; and

b. the revised drainage scheme shall be implemented within one month of its approval in writing by the Mineral Planning Authority.

56. Within six months of the date of this determination, or before excavation proceeds below Om. Ordnance Datum (whichever the sooner) the applicant shall submit records of boreholes constructed and logged in accordance with BS5930, at not more than 150metres spacing around the periphery of the proposed clay extraction area (unless revised proposals are approved in writing by the Mineral Planning Authority) in order to prove the nature of the ground and the groundwater conditions therein.

The depth of these boreholes shall be adequate to provide the information necessary to carry out geotechnical analysis demonstrating stability of the base and sides of the proposed excavation.

Piezometers shall be installed in all individual sand and gravel or sandstone layers encountered in such boreholes, and the sections of open borehole between the piezometers shall be sealed to prevent leakage of water between geological layers unless revised proposals are approved in writing by the Mineral Planning Authority.

57. Once installed, the piezometers shall be protected against damage or interference and subject to monthly water level monitoring to be submitted to the Mineral Planning Authority within 15 weeks of each set of readings, unless revised proposals are approved in writing by the Mineral Planning Authority. If any of the monitoring piezometers is lost or damaged rendering it inoperable, it must be replaced within ten weeks of the damage or loss.

58. No waste or restoration materials other than topsoil or subsoil in accordance with the Interdepartmental Committee on the Redevelopment of Contaminated Land Guidelines 59/83 for Parks, Playing Fields and Open Space shall be imported to the site until a restoration scheme has been agreed with the Mineral Planning Authority.

59. No restoration scheme shall incorporate a water body with a top water level above the base of the existing waste deposits in or beneath the adjoining land affected by the Enforcement Notice referred to on drawing 333/109 unless hydraulic isolation from those wastes can be demonstrated to the written satisfaction of the mineral planning authority as advised by the Environment Agency.

60. There shall be no deposit of waste or restoration materials direct into Controlled Waters and controlled waste or leachate from it must not come into contact with groundwater, unless hydraulic isolation from those waters can be demonstrated to the written satisfaction of the Mineral Planning Authority as advised by the Environment Agency.