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 tipping and restoration of Phase 2 of the Apsley Landfill. The recommendation is to grant planning permission to extend the period for tipping to 31 December 2004, and to extend the period for restoration to include a period of interim restoration prior to final restoration of the site.

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.

2.3 Condition 1 of the planning permission for Phase 2 requires the cessation of chalk extraction and tipping operations by 31 March 2004, and the restoration of the site to agriculture within a further period of six months.

2.4 The applicant is seeking an extension of time to complete the tipping of the site by 31 December 2004. In addition, it is proposed to extend the period for restoration to spring/summer 2008. The reason for the extended period for restoration is to allow for settlement and the installation of a landfill gas control infrastructure. The proposal would be to cap the site in the spring of 2005 followed by interim restoration with a shallow depth (about
300 millimetres) of chalk. This would be harrowed to provide a suitable surface for grass seeding and then sown with an agricultural grass mix. Following a period of about three years of interim restoration, the site would be fully restored in spring/summer 2008 to the soil depths required by the restoration conditions. The after-care period would commence on completion of final restoration.

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 Environmental Health 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 Wall and Pierce have been informed of the application.

5. Representations

5.1 Representations have been received from a resident at Andover Down, complaining that they have had to install filters to their well water supply due to pollution. Further letters from local residents raising complaint about litter along road, traffic not complying with routeing and smell.

6. Chief Planning Adviser's Comments

6.1 The main issue with this application is whether an additional period for tipping and restoration is justified and reasonable. The extension of time for tipping is for a relatively short period, to the end of this year, and would not be unacceptable.

6.2 The comments from local residents relate to operational concerns which will be pursued with the applicant. However they do not give rise to reasons for refusal of planning permission.

6.3 As the site has taken a wide range of wastes there will be the need for remediation of settlement and need for landfill gas control measures. During the period of interim restoration the site would be grass seeded. Therefore it is considered that the extension of the period for restoration by including three years of interim restoration would be acceptable.

Recommendation

That subject to the continuation of the legal agreement, planning permission in respect of Variation of Condition 1 of planning permission BDB50109 (extension of date by which landfill operation and site restoration shall be completed) at Apsley Farm Landfill Site, Hurstbourne Priors, Near Andover (BDB/58169) be granted permission 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 excavation of chalk and tipping operations shall cease on or before 31 December 2004, and the site shall be restored to agriculture within a further period of three years.

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

Landscaping

(2) The existing trees and hedgerows along the boundaries of the landfill site shall be retained and details of their safeguarding shall be approved by the Minerals and Waste Planning Authority.

Reason: In the interests of local amenity.

Drainage and Water Protection

(3) Prior to the commencement of Phase 3 a water discharge system shall be approved by the Mineral and Waste Planning Authority in consultation with the Environment Agency.

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

(4) Prior to the commencement of Phase 3 a leachate management scheme shall be approved by the Mineral and Waste Planning Authority. The scheme shall be implemented as approved. All disposal of leachate shall be by foul sewer unless in emergencies as otherwise agreed in writing by the Mineral and Waste Planning Authority.

Reason: In order to prevent pollution to ground water.

Wheel Cleaning

(5) Wheel cleaning shall be managed to ensure that no lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the highway. The arrangements including drainage and operating procedures shall be as approved by the Mineral and Waste Planning Authority.

Reason: In the interests of highway safety.

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

Reason: In the interests of local amenity.

Environmental Protection

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

Reason: To prevent pollution to ground water.

(8) Except during bund construction 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 50 dB LAeq (1hour) or an LA max of 65 dBA when measured at Bourne Wood. During bund construction noise levels shall not exceed 60 dB LAeq (1hour) or an LA max
of 70dB.

Reason: In the interests of local amenity.

Hours of Working

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

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

Restoration

(10) Phase 2 shall be progressively restored to agriculture in line with the scheme approved by the Mineral and Waste Planning Authority. The scheme shall include a period of interim restoration prior to final restoration.

Reason: To ensure satisfactory restoration.

(11) 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

(12) 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.

(13) The final restoration of the capped landfill site shall provide 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.

Reason: To ensure the restored land is correctly husbanded.

8758/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.