Archived decisions

Contact: Peter Chadwick, ext: 6728 email: [email protected]

1. Summary

1.1 The proposal is for a variation of condition to extend the time allowed for implementing the planning permission. The reason for the request is to provide additional time to enable the applicant to complete the Pollution Prevention and Control (PPC) permit process. The proposed waste tipping cannot commence without both planning permission and a PPC permit. The recommendation is to grant planning permission.

2. Site and Proposal

2.1 The Apsley Landfill site, as shown on the attached plan, is located about five kilometres east of Andover and one kilometre west of Hurstbourne Priors. Access is from the B3400. The site adjoins the North Wessex Downs Area of Outstanding Natural Beauty. The nearest houses are about 250 metres from the site.

2.2 The Apsley Landfill site has been operating since 1982. Phase 1 has been completed and restored. Phase 2 is the current operational area. Planning permission was granted for Phase 3 in April 1999 but it has not commenced. Condition 1 of the planning permission for Phase 3 requires the commencement by 21 April 2004.

2.3 Since 1999 there have been changes in waste management legislation. The Pollution Prevention and Control Act 2000 requires all landfills to have a Pollution Prevention and Control (PPC) permit. A PPC application requires a considerable amount of information, particularly concerning groundwater protection. This is particularly relevant for this site as it is within a Source Protection Zone. A PPC application is being prepared for Phase 3, the proposal is to extend the period for commencement to
21 April 2005 to enable the PPC application to be determined by the Environment Agency. The site cannot accept waste unless it has both planning permission and a PPC Permit.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 6 concerns waste applications.

4. Consultations

4.1 Basingstoke and Deane Borough Council - comments awaited.

4.2 The Environmental Health Officer (Basingstoke) - comments awaited.

4.3 Test Valley Borough Council - comments awaited.

4.4 The Environmental Health Officer (Test Valley) - comments awaited.

4.5 Hurstbourne Priors Parish Council - comments awaited.

4.6 Longparish Parish Council - comments awaited.

4.7 The Environment Agency raises no objection to the proposal.

4.8 The Highways Adviser raises no objection to the proposal.

4.9 Councillors Pierce and Wall have been informed of the proposal.

5. Representations

5.1 A representation has been received from a resident at Andover Down, complaining that they have had to install filters to their well water supply due to pollution.

6. Chief Planning Adviser's Comments

6.1 The main issue with this application is whether an additional period for implementation is justified and reasonable. There have been significant changes in legislation and regulations concerning waste disposal since planning permission was granted for the extension in 1999. These changes include the requirement for PPC permit, which requires more information than the previous licensing regime. The applicants have been in discussion with the Environment Agency concerning the PPC permit application, which will take further time to resolve. No tipping of waste proposed for this site will be able to commence unless a PPC permit is issued. Although five years have elapsed since permission was granted, it is considered reasonable to allow the applicant a further year to enable the PPC permit process to be completed.

Recommendation

That subject to the continuation of the legal agreement, planning permission in respect of Variation of Condition 1 of planning permission BDB 36296 (extension of date by which development shall commence) at Apsley Farm Landfill Site, Hurstbourne Priors, Near Andover (BDB/58170) be granted for the following reason and subject to the following conditions.

Reason for Approval

It is considered that the proposal would be in accordance with the development plan, as summarised as attached, and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

Conditions

Time Limits

(1) The development shall begin before 21 April 2005.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

(2) The excavation of chalk and the tipping operations shall cease on, or before 31 December 2017, and the site shall be restored in line with Condition 16 within a further period of six months, or such longer period as the Mineral and Waste Planning Authority may approve.

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

Working Programme, Phasing and Direction of Working

(3) A working Scheme for chalk extraction and waste tipping shall be approved by the Mineral and Waste Planning Authority before development starts and shall include provision for:

(i) determining the depth, direction, method and phasing of working, including machinery to be used;

(ii) the stripping of topsoil and subsoil and their separate storage;

(iii) the drainage of water from the site;

(iv) the fencing of the site and;

(iv) the location and maximum height of stockpiles of soils or other cover material.

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.

Landscaping

(4) A landscaping scheme, which shall specify species, plant sizes, spacing and numbers of trees and shrubs to be planted, and the timetable and phasing of the work shall be approved by the Mineral and Waste Planning Authority before development starts. Any trees or plants which within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season by others of similar size and species.

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.

(5) The existing trees and hedgerows along the boundaries of the site shall be retained. Details for their safeguarding shall be approved by the Mineral and Waste Planning Authority before development starts.

Reason: In the interests of local amenity.

Archaeology

(6) A programme of archaeological work in accordance with the written scheme of investigation shall be submitted for the approval of the Mineral and Waste Planning Authority before development starts. The work shall be implemented as approved.

Reason: In order to investigate areas of potential archaeological interest.

Drainage and Water Protection

(7) A surface water discharge system shall be approved by the Mineral and Waste Planning Authority in consultation with the Environment Agency before development starts.

Reason: To prevent surface water run-off from the capped Phases II and III gaining access into previously deposited waste and thus avoid pollution to ground water.

(8) The Mineral and Waste Planning Authority shall approve a leachate management scheme prior to the start of development. The scheme shall include a leachate pre-treatment plant and connection to a newly constructed sewer linked to an approved sewage treatment works. All disposal of leachate shall be by foul sewer unless in emergencies as otherwise agreed by the Mineral and Waste Planning Authority.

Reason: In order to prevent pollution to ground water.

Wheel Cleaning

(9) Arrangements including drainage and operating procedures shall be approved by the Mineral and Waste Planning Authority before development starts. Wheel cleaning shall be managed to ensure that no lorry shall leave the site without being cleaned sufficiently to prevent mud being carried on to the road.

Reason: In the interests of highway safety.

(10) The haul road into the site from the B3400 to the wheel wash will be hard surfaced.

Reason: In the interests of local amenity.

Access

(11) The existing access to the B3400 shall be upgraded before development starts in line with the scheme approved under planning permission BDB 40043.

Reason: In the interests of highway safety.

Environmental Protection

(12) All above ground oil/chemical tanks/containers and associated pipework shall be bunded in a manner so as to retain a least
110 percent volume of the tank capacity.

Reason: To prevent pollution to the ground water.

(13) A scheme for dust suppression measures shall be implemented as approved by the Mineral and Waste Planning Authority before the start of operations.

(14) Noise levels shall not exceed 45 dB LAeq (1 hour) or an LA max of 55 dBA when measured at Apsley Cottages or Keepers Cottage. Noise levels shall not exceed 50dB LAeq (1 hour) or an LA max of 65 dBA when measured at Bourne Wood. Except that during bund construction noise levels shall not exceed 60 dB LAeq (1 hour) or an LA max of 70dBA.

Reason: In the interests of local amenity.

Hours of Working

(15) No operations shall be carried out and plant shall not be operated, other than between the following hours: 0730 to 1800 Monday to Friday; 0730 to 1300 on Saturday; and not at all on Sunday or recognised public holidays.

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

Restoration

(16) The site shall be progressively restored to agriculture in line with a scheme approved by the Mineral and Waste Planning Authority. The scheme shall be submitted for approval within six months of the date of this permission and include details of;

(i) the date by which each phase of restoration shall be completed;

(ii) measures to deal with settlement following reinstatement;

(iii) the planting of trees and shrubs on the site; and

(iv) measures to be taken to drain the restored site.

Reason: To ensure satisfactory restoration.

(17) All topsoil and subsoil stripped prior to mineral extraction shall be stored separately and retained on site for use in site restoration. No indigenous topsoil or subsoil shall be used for daily cover during the tipping operations.

Reason: To ensure soils are available for restoration.

After-care

(18) After-care of each restored area of land shall take place for a period of five years, in line with an approved scheme beginning when final restoration of each phase is completed to the approval of the Mineral and Waste Planning Authority.

Reason: To ensure the restored land is correctly husbanded.

(19) The capped landfill site shall be finally covered with a minimum of 0.75 metres of subsoil and 0.25 metres of topsoil in the correct sequence. The subsoil shall be ripped with a winged tine subsoiler to a depth of 0.6 metres. Interim soil cover arrangements must be previously approved by the Mineral and Waste Planning Authority.

Reason: To ensure satisfactory restoration.

8756/PC

APPENDIX

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.