Contact: Peter Chadwick, ext 6728

1. Summary

1.1 Planning permission is sought for a variation to conditions to extend the time for tipping and restoration by a further two years at Frith Lane Landfill site. In addition, planning permission is sought for the temporary storage of soils on land adjoining the landfill site. The recommendation is to grant planning permission, subject to conditions.

2. Site and Proposals

2.1 The site, illustrated on the attached plan, is located alongside Frith Lane. The access to the site is via a long haul road across the Meon Valley to the A32.

2.2 Planning permission for sand extraction and infilling with inert waste was approved in 1990 following an appeal. The site started operating in 1995. Subsequently, planning consent was granted for clay extraction in 1996 and extending the range of wastes to include contaminated soils was permitted in 1997. The site is divided into 3 Phases. Due to engineering problems there has been a delay in completing Phase 2, and a delay in commencing work on the engineering for Phase 3. As a result of the difficulties no material has been imported since August 2001.

2.3 In order to facilitate the works required at the site, the proposal is to store 30,000 cubic metres of soils and excavated material on 1.5 hectares of land adjoining the landfill site, in addition to the existing soil stockpile.

2.4 The current permission expires on 31 October 2003. In view of the delays and following a reassessment of the timescales, it is proposed to extend the period for waste tipping and restoration within Phase 2 to 30 September 2003 and the completion of the site to 31 October 2005. The additional storage is proposed for the same period.

2.5 The nearest house to the site is Frith Farmhouse on the other side of Frith Lane from the site. There are also houses near the site access onto the A32. The haul road to the site crosses the Meon Valley bridleway, which follows the old railway line.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 7 and 10 concern proposals for waste tipping (see attached appendix).

4. Consultations

4.1 Comments are awaited from:

-Wickham Parish Council

-Environment Agency

-Rights of Way Manager (Hampshire County Council).

4.2 The County Surveyor (Highways) and Winchester City Council's Environmental Health Officer raise no objection.

4.3 The Department for Environment, Food and Rural Affairs (DEFRA) makes no comment on the principle of the proposed storage, but comments on relevant agricultural considerations to be covered by conditions.

4.4 The local Member, Councillor Mrs Hindson, has been informed.

5. District Council's Views

5.1 Winchester City Council's views are awaited.

6. County Planning Officer's Comments

6.1 The site has had operational difficulties. These difficulties have required extensive engineering works and prevented any landfilling since August 2001. These works are necessary to prevent pollution from the site. The soil storage is required as there is insufficient space within the site to both carry out future necessary engineering works and provide storage.

6.2 The site has already been operational for a much longer period than originally envisaged and in the past has given rise to complaints from local residents due to lorry traffic, noise and smell. The issues are therefore the implications for local residents and the environment of the extended area for soil storage and the further period of disturbance.

6.3 It is desirable that there is a satisfactory completion of the site. The engineering and pollution control measures are essential to this. Moreover, the working areas are moving away from the nearest house so the impact will be lessened. Although the site has given rise to justifiable complaints in the past and has been operational far longer than originally envisaged, on balance it is recommended that permission be granted.

Recommendation

That planning permission in respect of the variation of Conditions (1) and (6) of planning permission No. W11890/07 to extend time for waste disposal and restoration at Frith Lane Landfill site, Frith Lane, near Wickham (Application No. 0201590HCM W11890/08) and temporary storage of soils and restoration materials on land adjoining Frith Lane Landfill site, Frith Lane, near Wickham (Application No. 0201587HCM W11890/09) be granted, subject to the following conditions:

PLANNING PERMISSION NO. 0201590HCM W11890/08

Time Limit

(1)Mineral extraction and tipping operations shall cease and the site restored to agriculture in accordance with Condition (18) below not later than 31 October 2005.

Reason: To comply with Schedule 5 of the Town and Country Planning Act 1990 and to minimise the duration of disturbance from the operations hereby approved.

Slope Stability

(2)The approved scheme of mitigating measures ensuring the stability of pit slopes during the life of the site shall be fully implemented, unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: To protect the local environment from any adverse environmental impact.

(3)The approved restoration scheme for the temporary storage and seeding of stockpiled soils under the electric cables in the south-westernmost corner of the site shall be fully implemented, unless otherwise approved by the Mineral Planning Authority in writing.

Reason: In the interests of visual amenity of the area.

(4)The signs erected on the haul road warning drivers of the existence of pedestrians, equestrians and cyclists who use public Footpath No. 6 where it crosses the haul route shall be maintained for the duration of the development.

Reason: In the interests of public safety.

Scheme of Working

(5)The clay extraction and subsequent tipping operations shall take place in accordance with the approved scheme of working, unless otherwise agreed by the Mineral Planning Authority in writing.

Reason: To ensure the development is carried out in a properly phased manner with a minimum of detriment to the character and amenities of the area.

(6)Phase 2, as shown on drawing No. AJB/FLS/PHS/01, shall be filled no later than 30 September 2003, unless otherwise agreed beforehand in writing by the Mineral Planning Authority.

Reason: To ensure the land is progressively restored within a reasonable timescale.

Working Hours

(7)Unless otherwise previously approved by the Mineral Planning Authority, no operations shall be carried out and plant shall not be operated other than between 0730 and 1800 hours on Monday to Friday. No work shall take place on Saturday or Sunday or on public holidays.

Reason: In the interests of local amenity.

Noise Measures

(8)All machinery and equipment used on the site shall be properly silenced, maintained and repaired as necessary and all other steps taken to ensure that the best practicable means are adopted at all times to minimise noise emissions from the site.

Reason: In the interests of local amenity.

(9)Noise from operations on the site, including both fixed plant and mobile machinery related to it, shall not exceed 55 dB(A) LAeq 20 minutes as measured at the site boundary.

Reason: In the interests of local amenity.

Dust Measures

(10)The operator shall take such measures as may be necessary, including the spraying of water over the site, access road and stockpiles and the fitting of dust suppression equipment to plant, to stop the occurrence of wind-blown dust.

Reason: In the interests of local amenity.

Drainage and Water Pollution

(11)No water shall be discharged from the site except from the wheel cleaning facilities, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To protect against the pollution of adjacent water courses and land.

(12)The arrangements for the safe storage and handling of fuel and lubricating oils required on site shall be implemented as approved by the Mineral Planning Authority.

Reason: To protect against the pollution of adjacent water courses and land.

Skip Storage

(13)No waste skips or containers shall be stored on the site.

Reason: In the interests of local amenity.

Restriction of Permitted Development Rights

(14)Notwithstanding the provisions of the Town and Country Planning General Development Order 1995 (as amended) (or any Order revoking or re-enacting that Order), no buildings, plant, machinery or structure shall be erected or placed on the site except with the prior approval of the Mineral Planning Authority.

Reason: In the interests of visual and local amenity.

Access

(15)The means of access to the site shall be from the A32 only and there shall be no means of vehicular access to the site from Frith Lane.

Reason: In the interests of highway safety.

(16)All approved wheel cleaning and associated drainage facilities on the site shall remain on-site and implemented until the development is completed and thereafter removed within a further period of six months and the land restored in accordance with Condition (18). No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the A32.

Reason: In the interests of highway safety.

Soil Storage

(17)No soil or material shall be stockpiled under the canopies of any trees surrounding the edge of the site.

Reason: To ensure the protection of the landscape character of the area.

Restoration

(18)No later than six months from the cessation of all mineral extraction and tipping operations or 31 October 2005, whichever is the sooner, all plant and machinery, foundations, hardstandings and access roads no longer required in connection with the workings, restoration or future agricultural use of the site shall be removed from the site and the land restored to agriculture.

Reason: To ensure the site is satisfactorily restored.

After-Care

(19)The after-care scheme shall be implemented as approved for a period of five years beyond the completion of restoration.

Reason: To ensure the land is satisfactorily restored.

PLANNING PERMISSION NO. 0201587HCM W11890/09

Time Limit

(1)The storage of soils and restoration materials shall cease and the site restored to agriculture in accordance with Condition (11) below not later than 31 October 2005.

Reason: To comply with Schedule 5 of the Town and Country Planning Act 1990 and to minimise the duration of disturbance from the operations hereby approved.

Working Hours

(2)Unless otherwise previously approved by the Mineral Planning Authority, no operations shall be carried out and plant shall not be operated other than between 0730 and 1800 hours on Monday to Friday. No work shall take place on Saturday or Sunday or on recognised public holidays.

Reason: In the interests of local amenity.

Noise Measures

(3)All machinery and equipment used on the site shall be properly silenced, maintained and repaired as necessary and all other steps taken to ensure that the best practicable means are adopted at all times to minimise noise emissions from the site.

Reason: In the interests of local amenity.

(4)Noise from operations on the site, including both fixed plant and mobile machinery related to it, shall not exceed 55 dB(A) LAeq 20 minutes as measured at the site boundary.

Reason: In the interests of local amenity.

Dust Measures

(5)The operator shall take such measures as may be necessary, including the spraying of water over the site, access road and stockpiles and the fitting of dust suppression equipment to plant, to stop the occurrence of wind-blown dust.

Reason: In the interests of local amenity.

Drainage and Water Protection

(6)No water shall be discharged from the site except from the wheel cleaning facilities, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To protect against the pollution of adjacent water courses and land.

Skip Storage

(7)No waste skips or containers shall be stored on the site.

Reason: In the interests of local amenity.

Restriction of Permitted Development Rights

(8)Notwithstanding the provisions of the Town and Country Planning General Development Order 1988 (as amended) (or any Order revoking or re-enacting that Order), no buildings, plant, machinery or structure shall be erected or placed on the site except with the prior approval of the Mineral Planning Authority.

Reason: In the interests of visual and local amenity.

Access

(9)The means of access to the site shall be from the A32 only and there shall be no means of vehicular access to the site from Frith Lane.

Reason: In the interests of highway safety.

(10)All approved wheel cleaning and associated drainage facilities on the site shall remain on-site and implemented until the development is completed and thereafter removed within a further period of six months and the land restored in accordance with Condition (11). No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the A32.

Reason: In the interests of highway safety.

Restoration

(11)No later than six months from the cessation of all mineral extraction and tipping operations or 31 October 2005, whichever is the sooner, all plant and machinery, foundations, hardstandings and access roads no longer required in connection with the workings, restoration or future agricultural use of the site shall be removed from the site and the land restored to agriculture.

Reason: To ensure the site is satisfactorily restored.

After-Care

(12)The after-care scheme shall be implemented as approved for a period of five years beyond the completion of restoration.

Reason: To ensure the land is satisfactorily restored.

7269/PDC

APPENDIX

HAMPSHIRE, PORTSMOUTH AND SOUTHAMPTON MINERALS AND WASTE LOCAL PLAN (ADOPTED 17 DECEMBER 1998)

Policy 7

The Mineral and Waste Planning Authorities will grant planning permission for minerals and waste development provided they are satisfied that, where appropriate, the proposed development pays due regard to:

(i)the relationship of the proposal site to other properties and land uses (particularly residential and other environmentally sensitive properties) and the likely effects of the proposed development on the locality by reason of noise, dust, smoke, fumes, illumination or any other factor and the need for buffer zones between the development and residential and other properties;

(ii)the likely volume and nature of traffic that would be generated by the proposed development and the suitability of the proposed access to the site and of the road network that would be affected, in terms of highway capacity and safety and environmental impact, and whether any highway improvements required could be carried out satisfactorily without causing unacceptable environmental impact;

(iii)the likely visual impact of the proposed development and the need for additional planting and screening, including planting in advance of the commencement of the development;

(iv)the need to safeguard the character and amenities of individual settlements and to safeguard open gaps between settlements from permanent development which would cause long-term harm to the function of the land;

(v)the likely effects of the proposed development on and the need to protect and safeguard sites of nature conservation, geological, archaeological, historic, architectural and landscape importance and their settings;

(vi)the extent and quality of agricultural land to be taken by the proposed development and the proposals for its subsequent restoration and the likely effects of the proposals on farm structure and management;

(vii)the likely effects of the proposed development on and the need to maintain the distinctive character of the landscape; the likely effects of the proposed development on and the need to safeguard and protect individual species, habitats and landscape features, including woodland, trees and hedgerows; and the likely effects of the proposed development on forestry and woodland management;

(viii)the likely effects of the proposed development on sites used for recreation and public rights of way and the need to protect or secure the satisfactory diversion of public rights of way;

(ix)the likely effects of the proposed development on and the need to safeguard the flow and quality of watercourses, water supplies, floodplains, groundwater, the drainage of the site and adjoining land and the level of the water table in the locality and the likely effects of the proposed development on the immediate setting of any river;

(x)any potential danger to aircraft from birds being attracted to the site;

(xi)the possible amenity implications of any landfill gas that might be generated at the site and of any provisions that might need to be made to deal with it; and

(xii)the likely cumulative impact of the proposed development in combination with any other significant development taking place or permitted to take place in the locality and the need to minimise the impact of mineral extraction and waste disposal operations by securing, where appropriate, the phased release of sites and progression of working and restoration.

Policy 10

The Mineral and Waste Planning Authorities will impose conditions on planning permissions for minerals and waste development to minimise any adverse environmental, traffic or other impact resulting from the development and to ensure appropriate restoration and after-care of the site. Where such impacts cannot adequately be controlled by conditions, the Mineral and Waste Planning Authorities will seek appropriate planning obligations and/or legal agreements in order to control operations and/or to secure the enhancement of the environment or benefit to the local community.