Archived decisions

Contact: Julia Davey, ext 6732

1. Summary

1.1 Planning permission is sought to vary Condition 1 of Planning Permission No. T/APP/Q1770/A/1023184/P5 to extend the period for restoration at Raglington Farm Landfill Site, Shedfield by a period of 12 months until 31 May 2004. The recommendation is to grant permission, subject to conditions.

2. Site and Proposal

2.1 Planning permission is sought to vary Condition 1 of Planning Permission No. T/APP/Q1770/A/1023184/P5 to extend the period for restoration at Raglington Farm Landfill Site, Shedfield by a period of 12 months beyond its permitted end date until 31 May 2004.

2.2 The site, as shown on the attached plan, is located south of the main Botley to Shedfield Road and is situated in land designated as countryside. Waste disposal operations at the site were completed on 23 November 2001 when the importation of waste ceased. However, restoration works are still outstanding.

2.3 The current deadline for completion of landfill operations and restoration of Raglington Farm landfill was secured by Condition 1 of the Inspector's Appeal decision following an Inquiry in which the appeal was upheld. Condition 1 of the permission states that landraising can continue until 30 November 2002, and that the site should be restored by 31 May 2003 or within six months of the achievement of final levels, whichever date is the earlier.

2.4 The applicant states that the extension to the restoration period is needed because of the time it has taken to take SITA and other parties, Scottish and Southern Electricity and the landowners, to complete the wayleave process relating to the overhead power lines crossing the site. It has been agreed in principle that the most expedient form of diversion would be to bury the cables underground. Restoration works can only be completed once these power lines have been moved.

2.5 The restoration works themselves, once the cables have been buried, would take approximately 12 weeks. There will then only remain the planting and seeding to be undertaken during the autumn planting season.

3. Development Plan

3.1 The policies most relevant to this proposal are: Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) - Policy MW2 and Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) - Policies 6, 7 and 8.

4. Consultations

4.1 The Department for Environment, Food and Rural Affairs (DEFRA), the Environmental Health Officer, the Environment Agency and Winchester City Council raise no objection to the proposal.

4.2 Shedfield Parish Council wishes to express its disappointment at the request.

4.3 The local Member, Councillor Felicity Hindson, is very concerned about the application and the lack of progress in resolving the problems with third parties, in order to allow the cables to be buried.

5. Representations

5.1 The Shedfield Society lodges its concern that such a variation in condition should be needed. However, it states that it is still the case that everyone wishes to see the whole site restored in accordance with the current permission, notwithstanding this application. It finds it regrettable that SITA did not apply enough foresight to seek from the relevant electricity board a firm undertaking that the work would be completed by 31 May 2003. The Society adds that the Raglington Farm Liaison Panel should be reconvened after the determination of this application to assure the local community that all conditions will be fulfilled.

6. Comments of the Chief Planning Adviser

6.1 The main issues raised by the proposal are any adverse impacts to local residents that may be caused by the extension of time, and the length of time it is taking to come to agreement with other parties to complete the wayleave process.

6.2 It is acknowledged that the local Member and the Shedfield Society are very concerned about the time it is taking the applicant to sort out the wayleave issues on the site.

6.3 However, there is a need to complete restoration, and the issues raised by the application are not completely within the applicant's control, as other agencies are involved.

6.4 Since submission of the application, the County Council has been informed that the landowner has now signed the wayleave agreement, and therefore there is only one remaining party (Scottish and Southern Electricity) left to sign it. The agreement is currently with this company's solicitors.

6.5 To conclude, it is noted that there is no environmental health objection to the proposal. Whilst it is disappointing that the site has remained unrestored for so long, the issue of the wayleave agreement has been in the control of two other external agencies. It appears that progress is now being made with the agreement and therefore it is recommended that planning permission be granted, subject to conditions.

Recommendation

That planning permission to vary Condition 1 of Planning Permission No. T/APP/Q1770/A/1023184/P5 to extend the period of restoration at Raglington Farm Landfill Site, Shedfield until 31 May 2004 (Application Number 03/01226/HCS/W11763/06) be granted, subject to the following conditions:

Duration of Permission

(1) The restoration works hereby permitted shall be carried out in accordance with the scheme approved under Condition 7 of the planning permission granted on 11 December 1991 (Application No W11763/01). Restoration of the site shall be completed no later than 31 May 2004.

Reason: To ensure the land is satisfactorily and progressively restored to the required agricultural standard.

(2) The development hereby permitted shall be carried out in accordance with drawing nos. 1375/1; 1375/2; 1375/5a; 1375/6a; 1375/7; 1375/8b and 1375/9a, and the Proposals Document (February 1991) submitted with Application No. W11763/01, subject to the other conditions of this permission.

Reason: To ensure the land is satisfactorily and progressively restored to the required agricultural standard.

Scheme of Working and Restoration

(3) Unless otherwise approved in writing by the Waste Planning Authority no operations shall be carried out except in accordance with the scheme of restoration approved under Condition 7 of the planning permission granted on 11 December 1991 (Application No. W11763/01).

Reason: To ensure that the site is satisfactorily restored.

(4) No soils shall be brought onto the site unless otherwise agreed by the Waste Planning Authority in writing .

Reason: In the interests of local amenity.

(5) No tipping shall take place to levels higher than the proposed finished levels shown on the approved contour drawing 1375/8b and cross-section drawing 1375/9a.

Reason: In the interests of the landscape character of the area.

(6) The benchmark established under condition 13 of planning permission granted on 11 December 1991 (Application No. W1176301) shall be maintained throughout the duration of the development.

Reason: To assist in monitoring the development.

(7) The uppermost one metre of deposited waste material shall be free from large solid impervious objects and shall be graded in accordance with the approved final levels and ripped using a winged tine subsoiler to a minimum depth of one metre. The deposited waste material shall in turn be covered with a minimum 0.8 metres even depth of subsoil and 0.2 metres even depth of topsoil.

Reason: To ensure the land is restored to the expected agricultural standard.

Haul Road and Wheel Cleaning

(8) No lorry shall leave the site onto the public highway unless its wheels have been cleaned sufficiently to prevent mud being carried onto the highway.

Reason: In the interests of highway safety.

(9) The haul road shall be swept at least once each day to keep it free from dust, mud and other extraneous material.

Reason: In the interests of local amenities.

Access

(10) The means of access to and egress from the site shall be only via the access from the A334 shown on drawing no. 1375/5a.

Reason: In the interests of highway safety.

(11) The previously existing access to the A334 shall be kept stopped up with a hedge throughout the duration of the development.

Reason: In the interests of highway safety.

(12) The access to the site from the A334 shall be maintained in accordance with the details approved under condition 16 of the 1991 permission, including radii of 15 metres at its junction with the highway and a width of 7.3 metres for the first 30 metres from the highway.

Reason: In the interests of highway safety.

(13) Visibility splays of 4.5 metres by 215 metres at the junction of the site access road with the highway (A334) shall be maintained and kept free of obstacles throughout the duration of the development.

Reason: In the interests of highway safety.

(14) The roadside boundary of the site shall be maintained at a level being a maximum of one metre in height above the level of the carriageway of the adjoining highway (A334) within the area containing the visibility splays.

Reason: In the interests of highway safety.

(15) Any gates provided shall be set back a distance of at least 10 metres from the edge of the carriageway of the adjoining highway (A334).

Reason: In the interests of highway safety.

(16) At the end of operations the access onto the A334 shall be restored to an agricultural standard and a hedge planted to replace the resulting gap.

Reason: In the interests of local amenities.

(17) Not more than 170 lorry movements per day on Monday to Friday and not more than 85 lorry movements on any Saturday (being movements in and out of the site combined) shall be generated by all waste management operations taking place on the site.

Reason: In the interests of highway safety.

Environmental Controls

(18) The site shall be operated in accordance with the environmental management scheme approved under permission no. T/APP/Q1770/A/99/1023184/P5. The noise attenuation measures to be undertaken shall include insulation of fixed plant, silencing of vehicles and mobile plant and provision of acoustic screening as may be necessary to ensure the noise levels specified in Condition 20 are not exceeded.

Reason: In the interests of local amenities.

(19) Unless otherwise approved in writing in advance by the Waste Planning Authority, no operations authorised or required by this permission shall be carried out and no plant shall be operated outside the hours of 0800 to 1800 Monday to Friday and 0800 to 1300 on Saturday; and no such operations shall take place at any time on any Sunday or recognised public holiday.

Reason: In the interests of local amenities.

(20) Noise from operations on the site, including both fixed and mobile plant and machinery, shall not exceed 45dB(A)LA_eq(1hour) as measured at the boundary of the nearest dwelling, except that in the case of dwellings adjacent to the A334 road noise from operations on the site shall not exceed 54dB(A)LA_eq(1hour) as measured at the boundary.

Reason: In the interests of local amenities.

(21) No artificial lighting shall be erected or used on site except as may be required for the safety of operatives during permitted working hours.

Reason: In the interests of local amenities and the landscape character of the area.

(22) No trees shall be felled, topped, lopped, uprooted or otherwise damaged or destroyed without the prior approval in writing of the Waste Planning Authority. Any trees removed without consent or dying or being severely damaged or becoming seriously diseased shall be replaced with trees of such size and species as may be approved in writing by the Waste Planning Authority.

Reason: In the interests of local amenities and the landscape character of the area.

(23) Unless otherwise approved in writing by the Waste Planning Authority, all tree and shrub planting and other landscaping in accordance with the scheme of landscaping approved under Condition 20 of the planning permission granted on 11 December 1991 (Application No. W11763/01) and the bund along the southern/western side of the access and haul road in accordance with the details approved under Condition 2 of the planning permission granted on 6 July 1995 (Application No. W11763/03) shall be maintained throughout the duration of the development. These bunds and the haul road shall be removed on completion of restoration and the land restored in accordance with Condition (1) above unless otherwise agreed in writing by the Waste Planning Authority.

Reason: In the interests of local amenities.

(24) All tanks containing oil shall be sited on a concrete base surrounded by bund walls capable of retaining at least 110 percent of the tank(s) volume and any spillages from fill and draw pipes. The bund walls shall be built and subsequently maintained throughout the duration of the development in a condition sufficient to prevent the pollution of watercourses and groundwater.

Reason: To protect against pollution of land and groundwater resources.

(25) No waste shall be burnt on the site or be deposited in any watercourse.

Reason: To protect against pollution of land and groundwater resources and in the interests of local amenities.

(26) No waste skips or containers other than ancillary to the permitted operations shall be stored on the site.

Reason: In the interests of local amenities.

Aftercare

(27) Each area of the site restored to agriculture shall undergo aftercare management in accordance with the schemes approved by the Waste Planning Authority under planning permission No. T/APP/Q1770/A/99/1023184/P5 for a period of five years commencing on the date that restoration of that area is completed.

Reason: To ensure the land is effectively managed.

(28) Agricultural aftercare shall take place in accordance with the scheme approved under T/APP/Q1770/A/99/1023184/P5.

Reason: To ensure the land is appropriately managed for agriculture.

(29) The aftercare site meetings to be held at least once every year during the aftercare period shall be arranged by the operator and the Waste Planning Authority and the landowner or occupier shall be invited to discuss and agree the proposals and record prepared in accordance with condition 30 below; and the meeting shall be attended by the person(s) responsible for undertaking the aftercare steps.

Reason: To ensure the land is appropriately managed for agriculture.

(30) Not later than four weeks prior to each aftercare site meeting, throughout the aftercare period, the operator shall submit to the Waste Planning Authority for approval, and shall also provide to the landowner and occupier, a detailed annual programme of aftercare steps.

Reason: To ensure the land is appropriately managed for agriculture.

(31) Not later than one month following each aftercare site meeting, throughout the aftercare period, the annual programme of aftercare steps for the following 12 months, revised as may be necessary following the aftercare site meeting, shall be submitted to the Waste Planning Authority for approval in writing.

Reason: To ensure the land is appropriately managed for agriculture.

8091/JD

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 6

Permission will be granted for minerals and waste development provided the Mineral/Waste Planning Authority is satisfied that:

(i) there is a clearly established need for the development (as assessed in relation to the other relevant policies of the Plan) which outweighs any adverse environmental or other impact that the development would be likely to cause; and

(ii) the development would not be likely to give rise to an unacceptable level of adverse environmental, traffic or other impact, pollution risk or danger to public health, particularly in respect of any of the factors specified in Policy 7 and measures would be taken to ensure that any such impacts would, as far as is practicable, be minimised; and

(iii) the proposals provide for the satisfactory working or operation and landscaping of the site and for its satisfactory restoration and landscaping at the cessation of the operations or use or at the end of the life of the facility to a condition suitable for an agreed beneficial after-use which is compatible with adjoining land uses and the planning policies for the area.

Notwithstanding any need there may be for waste disposal, permission will not normally be granted for mineral extraction with restoration by infilling with waste materials unless there is a need for the mineral to be extracted.

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 8

Applications for planning permission for minerals or waste development in the following areas will not be granted save when the development would not prejudice the purpose of the designation and where there is an overriding need for the development to take place in the public interest:

(i) the New Forest Heritage Area;

(ii) Areas of Outstanding Natural Beauty;

(iii) National Nature Reserves, Sites of Special Scientific Interest, Special Protection Areas, Special Areas of Conservation and Wetlands of International Importance (Ramsar Sites);

(iv) Scheduled Ancient Monuments and their settings;

(v) Conservation Areas, Listed Buildings, and sites on the National Register of Parks and Gardens of Special Historic Interest.