Contact: Peter Chadwick, ext 6728

1. Summary

1.1 Planning permission is sought to amend the approved restoration contours at Fair Oak Sandpit and Landfill site. The recommendation is to grant permission, subject to conditions.

2. Site and Proposals

2.1 The site, illustrated on the attached plan, totals an area of 13.5 hectares adjacent to Knowle Lane. Planning permission for sand extraction and landfill, with restoration to agriculture was approved in 1989. Following sand extraction the tipping cells are engineered and clay lined. The range of waste includes domestic, industrial and commercial wastes. The sand extraction is almost complete and the site is now primarily a landfill site. Access to the site is via the neighbouring golf course. The permission requires cessation of tipping by 31 December 2006.

2.2 The landfill site is an engineered landfill site taking domestic, industrial and commercial waste. There will be significant settlement of this waste, which the applicant states would be about 30%. The proposal is to amend the restoration levels to increase the slope gradients to meet current standards, which take into account the settlement of the waste. The proposals would change the final landform to create a ridge feature rather than a hill, and would be more steep sided. The applicant does not propose to change the maximum height after settlement of 60 metres AOD; however, the maximum height prior to settlement would be 68 metres AOD. The amendment would increase the capacity of the site by about 250,000 cubic metres, and consequently extend the life of the site by about two years at current tipping rates.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) (adopted March 2000) Policy MW2 concerns minerals and waste proposals (see attached appendix).

3.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (adopted December 1998) Policies 14 and 15 concern restoration (see attached appendix).

4. Consultations

4.1 Eastleigh Borough Council raises no objection.

4.2 Fair Oak and Horton Heath Parish Council raises no objection.

4.3 The Environment Agency (Colden Common) raises no objection.

4.4 Eastleigh Borough Council's Environmental Health Officer requested further information concerning noise impact. Comments are awaited on information received.

4.5 The County Council (Highways) raises no objection.

5. Representations

5.1 The local Member, Councillor Mrs Boulton, and Councillor Mason (adjoining) have been informed.

5.2 Letters of objection have been received from two local residents on the grounds that the result would be a hideous unnatural mound. They consider that the land should be tipped to original levels and contractors return later to remediate any settlement. In addition, the mound would block light and views from neighbouring houses, and residents would be disturbed by dust, noise, pests and odour. There is concern that the area close to the houses is for construction waste only, where settlement should not be an issue.

6. Chief Planning Adviser's Comments

6.1 The application is to revise the final levels to compensate for the settlement. This would increase the capacity and life of the site. The issues are whether the proposed landform is acceptable, and whether the extended period of disturbance for local residents would be acceptable.

6.2 The comments of local residents concerning the fact that in the area close to the houses the waste types will be restricted and not be prone to the same extent of settlement are noted. However, the applicant does not propose to raise levels significantly in this area and there is little settlement allowance. With regard to the comments that the settlement should be addressed by returning to the site following completion for remediation, this approach is not supported because it would mean considerable disturbance and would prejudice the pollution control measures in terms of capping, leachate pipe work and landfill gas pipe work. Therefore, the approach of agreeing the pre-settlement levels would be preferable.

6.3 Whilst this landform would be more intrusive for neighbouring residents as it extends the high point across the site, it is still an acceptable landform. In conclusion, the revised landform would be prominent prior to settlement, but the levels should settle to an acceptable landform.

Recommendation

That planning permission for the proposed variation of approved restoration contours, Fair Oak Sandpit and Landfill site, Fair Oak (Application No. 17314/007) be granted, subject to the following conditions:

Duration

(1) The tipping operations hereby permitted shall cease on or before 31 December 2008 and the site shall be restored in accordance with the approved restoration scheme within a further period of six months or such longer period as the Waste Planning Authority may approve in writing.

Reason: To minimise the duration of disturbance from the tipping operations.

Restriction of Working

(2) No sand extraction shall take place within 30 metres of Sandlewood, as shown on drawing no. 8816/3, and inert waste only shall be tipped within 100 metres of Sandlewood.

Reason: In the interests of the amenity of the residents of Sandlewood.

(3) Working shall only be in accordance with the details and phasing as shown on drawing no. AJB\FOK\ENG\03.

Reason: In the interests of local amenity.

(4) The final levels following tipping, capping and placement of soils shall not exceed the levels shown on Pre-Settlement Contours Drawing No. 1.

Reason: In the interests of local amenity.

Restriction of Permitted Development Rights

(5) Notwithstanding the provisions of Parts 4 and 21 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order amending, replacing or re-enacting that order), no plant, buildings, machinery or structure shall be erected or operated on the site without the prior approval in writing of the Waste Planning Authority.

Reason: In the interests of the amenities of the area.

(6) The weighbridge and site office shall only be used in connection with the administration and operation of the sand extraction and infilling operations hereby approved.

Reason: In the interests of local amenity.

Hedgerows

(7) All existing trees and hedges along the boundary of the site and to the west of the haul road shall be safeguarded and maintained. The hedge alongside Knowle Lane shall be maintained to a minimum height of 2.5 metres.

Reason: In the interests of visual amenity.

Working Hours

(8) No heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0730-1800 Monday to Friday (except on public holidays when the hours are restricted to 0800-1600) and 0730-1230 Saturday (except on the Saturday preceding or following a public holiday when the hours are 0730-1700), unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenity.

(9) Notwithstanding Condition (8) above, no vehicle shall enter or leave the site and no working shall take place on 25 and 26 December.

Reason: In the interests of local amenity.

Highway Safety

(10) The access road shall be maintained and kept clean, and facilities provided to prevent mud being carried onto the highway by lorries leaving the site.

Reason: In the interests of highway safety.

To Safeguard Water Resources

(11) All tanks containing fuel or lubricants shall be sited on a concrete base surrounded by bund walls capable of retaining at least 110 percent of the volume of the tank(s) and of spillages from fill or draw pipes.

Reason: To prevent pollution to water resources.

Restoration and After-care

(12) All soil and overburden stripped shall be retained on the site for use in site restoration.

Reason: To ensure the satisfactory restoration of the site.

(13) The uppermost metre of imported waste material shall be free from large solid impervious objects, such as concrete slabs, timber and tree trunks, and shall both be graded in accordance with the final levels hereby approved and ripped using a wing tined subsoiler to a depth of one metre. The waste material shall be in turn covered with a minimum of 0.8 metre depth of subsoil and 0.2 metre even depth of topsoil in the correct sequence.

Reason: To ensure satisfactory restoration.

(14) All internal site haul roads shall be removed when no longer required or during the course of site restoration, whichever is the sooner. Sections of the haul road formed to a level higher than one metre below the final restoration level shall be removed before overburden and soils are respread. All sections of haul road shall be ripped before being covered with overburden or soils during restoration.

Reason: To ensure satisfactory restoration.

(15) A detailed landscaping scheme, conforming with the concept restoration scheme shown on drawing no. FR385-D2, shall be submitted to the Waste Planning Authority for approval in writing within 12 months of this planning permission. The landscaping scheme shall include phasing and be implemented as approved. Within five years of planting, any trees, shrubs or other plants that die or become diseased or are removed or damaged shall be replaced in the first available planting season with others of similar size and species in accordance with the details of the approved scheme, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenity.

(16) After-care of each restored area of land shall take place for a period of five years in accordance with the approved after-care schemes.

Reasons: To ensure the satisfactory after-care of the restored land.

7933/PDC

APPENDIX

HAMPSHIRE COUNTY STRUCTURE PLAN 1996-2011 (REVIEW) (ADOPTED MARCH 2000)

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

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

Policy 14

The Mineral and Waste Planning Authorities will grant planning permission for minerals or waste development provided they are satisfied that:

(i) adequate provision has been made for the satisfactory restoration and after-care of the site to the highest practicable standard so as to be suitable for the agreed beneficial after-use when the operation or use of the site has ceased or the facility has reached the end of its life, which after-use should normally be agriculture, woodland, heathland or other nature conservation or amenity use; and

(ii) in the case of mineral working and waste disposal by landfilling or landraising, the land will be progressively restored within the shortest practicable timescale such that the rate of restoration is as far as practicable commensurate with the rate of extraction and/or disposal and the land will be subject to appropriate after-care to ensure that it is restored to a condition satisfactory for the agreed after-use of the site; and

(iii) the restoration and after-care provisions can be ensured by means of conditions attached to the planning permission or through a planning obligation or other appropriate legal agreement.

Examples of subjects of planning obligations and agreements are cited in Appendix 5.

Policy 15

The Mineral and Waste Planning Authorities will grant planning permission for mineral working or waste disposal by landfill or landraising provided they are satisfied that, in the case of sites which are to be restored to agricultural land, woodland, heathland or other nature conservation or amenity use, the site will be subject to a satisfactory programme of aftercare for a period of five years following completion of the restoration of the site. The Mineral and Waste Planning Authorities will seek to ensure such aftercare by means of conditions attached to the planning permission or, where appropriate, through a planning obligation or other appropriate legal agreement. Exceptionally, in the event that the Mineral/Waste Planning Authority considers that a period of aftercare in excess of five years or a long-term management plan is necessary in the case of schemes of restoration for nature conservation, it will seek a planning obligation or other appropriate legal agreement to ensure this. The Mineral/Waste Planning Authority will normally require a scheme of aftercare to be submitted for approval prior to the completion of restoration.