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 application was considered by this Committee on 9 April 2003, when it was resolved to defer a decision to enable more information to be obtained about rates of settlement, having sought the views of outside consultants if necessary. Further information was provided by SITA and confirmation received concerning the rates of settlement. In addition SITA has reconsidered the proposed restoration contours and submitted an amended scheme. The recommendation is to grant planning permission for the amended scheme, 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 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%. An application was submitted by SITA to vary the approved restoration levels at the site, which was considered by this Committee on 9 April 2003.

2.3 The original proposal was 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 have changed the final landform to create a ridge feature rather than a hill, and would be more steep sided. The maximum height post settlement would be 60 metres AOD, and the amendment would have increased the capacity of the site by about 250,000 cubic metres, and consequently extended the life of the site by about two years at current tipping rates.

2.4 The Committee resolved to defer a decision on the application to enable more information to be obtained about rates of settlement, having sought the views of outside consultants as necessary.

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 (original application)

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 raises no objection.

4.4 Eastleigh Borough Council's Environmental Health Officer requested further information concerning noise impact but raises no objection, subject to conditions.

4.5 The Highways Adviser raises no objection.

5. Representations (original application)

5.1 Both local Members, Councillor Mrs Boulton and Councillor Mason (adjoining) were informed.

5.2 Letters of objection had been received from two local residents on the grounds that the result would be a hideous unnatural mound. They considered 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 was concern that the area close to the houses is for construction waste only, where settlement should not be an issue. A local resident made a deputation to committee reiterating these objections.

6. Rates of Settlement

6.1 Following the Committee resolution, SITA provided additional information and justification for a settlement rate of 30% for the Fair Oak site. This information comprised:

(i) a report from SLR Consulting Limited providing further justification, in addition to that which they provided to support the original application, for a settlement rate of 30%. They also provided details of settlement rates agreed with planning authorities and being monitored at sites run by other operators;

(ii) evidence from SITA's Central Engineering Team concerning settlement rates at sites within the SITA Group. The Central Engineering Team has responsibility for 50 operational non-hazardous landfill sites and over 50 sites in long term aftercare; and

(iii) a report from AEA Technology to independently validate settlement modelling by SITA concerning a landfill site near Bristol.

6.2 Advice on the information and justification received from SITA was requested from the Environment Agency and from engineers in the Environment Department of the County Council.

6.3 The Environment Agency commented that the justification from SLR includes an extract from recently published guidance from the Environment Agency, `Stability of Landfill Lining Systems: Report No. 1 Literature Review,' which quotes a total settlement rate of 20%-30%. SLR comments that this equates to a 25%-43% surcharge of waste. Therefore the Environment Agency comments that a figure of 30% would not be unreasonable. In conclusion, the Environment Agency supports the principle of applying a settlement rate of 30% as this is within current guidance.

6.4 The Environment Department engineers commented that current Environment Agency guidance is the most appropriate and fair method for determination of settlement rate. They comment that the most relevant guidance is that stated in the Environment Agency comments, as above, which indicate settlement in the range of 20%-30%. This guidance applies to landfill sites taking municipal solid waste, which is the range of waste currently being tipped at Fair Oak.

6.5 The additional information provided by SITA includes a proposed protocol whereby a plan showing overall pre-settlement levels is approved. Following this a more precise settlement rate for each tipping cell will be calculated when the cells are nearing completion to determine the final tipping levels for each cell. In this way it is intended to ensure the eventual post settlement landform will be achieved.

7. Revised Restoration Levels

7.1 The planning application is to amend the final post-settlement landform taking into account the higher rates of settlement. There was concern about the steepness of the proposed slopes and whether these were strictly necessary to mitigate the implications of the increased settlement.

7.2 SITA has provided further justification for the need to increase the gradient on the slopes, to enable satisfactory drainage and counter effects of settlement. However, these post-settlement contours have been reconsidered by SITA in the light of the additional information provided following the Committee meeting. As a result of this re-evaluation a revised scheme has been submitted, which has reduced the final height by two metres (from 60 metres AOD to 58 metres AOD) and reduces the steepest slopes whilst meeting the drainage requirements detailed in the additional information provided by SITA. This will also amend the proposed pre-settlement levels (ie the final waste tipping levels) which are necessary for monitoring. The proposed revised restoration would increase the capacity of the site by over 200,000 cubic metres, therefore an extension of time by two years is requested, at the current higher rate of input the site would be completed earlier.

8. Chief Planning Adviser's Comments

8.1 In conclusion it is considered that a settlement rate of 30% is not unreasonable as it is within current guidance for the type of waste tipped at Fair Oak.

8.2 The submission of a plan showing pre settlement levels (ie final waste tipping levels) is essential to the effective monitoring of the site. The proposed protocol in providing more precise information of settlement rates on a cell by cell basis could be beneficial in ensuring a satisfactory final landform, and is supported, but needs monitoring to assess effectiveness.

8.3 The revised post-settlement final landform addresses the concerns previously raised at the steepness of the slopes, and responds to the consequences of the higher levels of settlement. The reduction in the final height by two metres is also supported. Therefore this is considered to be acceptable.

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 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) Within three months of the date of this consent, a plan showing anticipated pre-settlement levels shall be submitted to the Waste Planning Authority for approval in writing. Prior to capping of the waste tipping cell the final pre-settlement restoration detailed levels shall be submitted to the Waste Planning Authority for approval in writing. The details shall be implemented as approved.

Reason: In the interests of local amenity.

Restriction of Permitted Development Rights

(5) Notwithstanding the provisions of Part 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 amenity 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 0730 and 1800 hours Monday to Friday (except on recognised public holidays when the hours are restricted to 0800 and 1600) and between 0730 and 1230 on Saturdays (except on the Saturdays preceding or following a public holiday when the hours are 0730 to 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.

(11) Within three months of the date of this consent a noise monitoring and mitigation scheme shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: In order to protect the amenity of neighbouring residents.

To Safeguard Water Resources

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

Reason: To prevent pollution to water resources.

Restoration and Aftercare

(13) 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.

(14) 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 1 metre. The waste material shall be in turn covered with a minimum of 0.8 metres depth of subsoil and 0.2 metres even depth of topsoil in the correct sequence.

Reason: To ensure satisfactory restoration.

(15) 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 1 metre below the final restoration level shall be removed before overburden and soils are re-spread. All sections of haul road shall be ripped before being covered with overburden or soils during restoration.

Reason: To ensure satisfactory restoration.

(16) 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.

(17) Aftercare of each restored area of land shall take place for a period of five years in accordance with the approved aftercare schemes.

Reason: To ensure the satisfactory aftercare of the restored land.

8086/PDC

APPENDIX

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

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

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.