Archived decisions

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

1. Summary

1.1 Planning permission is sought for variations of conditions at Fair Oak Landfill. One variation concerns removing the restriction of tipping to inert material only within 100 metres of Sandelwood, the nearest house. The justification for this variation is that the applicant (SITA) will buy the houses if consent is granted, and so the houses will be unoccupied whilst the tipping is carried out. The other proposed variation is for the site opening hours to be changed to 0700 rather than 0730. The site has always operated on the earlier start time, and this is in accordance with Environment Agency conditions. There have not been substantial complaints. The recommendation is to approve these proposed variations of conditions.

2. Site and Proposal

2.1 The Fair Oak site, as shown on the attached plan, totals about 14 hectares adjacent to Knowle Lane. Access is through the adjoining golf course. Planning permission for sand extraction and landfill with restoration to agriculture was approved in 1989. Following sand extraction the void is engineered and clay lined to provide landfill cells. The sand extraction has been completed and the site is now used for deposit of a range of domestic, industrial and commercial wastes. The planning conditions require that only inert waste is tipped within 100 metres of Sandelwood in the interests of the amenity of the residents. Sandelwood and 2 East Horton Cottages are attached properties, Sandelwood being the nearest to the landfill. SITA has entered into agreements with the owners of the houses that if planning permission is approved, the owners could relocate and both properties would remain unoccupied for the remainder of the landfilling operations. If the houses are unoccupied the applicant argues there is no longer a reason to prevent the tipping of domestic or putrescible waste within this area, and therefore no longer a reason for the condition. In addition the applicant argues that there is a need in the county for additional non inert waste disposal capacity.

2.2 The other proposed variation of condition concerns the hours of working. The original consent restricted site opening to 0700 hours Monday to Saturday (excluding Bank Holidays). This opening time was also specified in the Pollution Prevention and Control permit (PPC) issued by the Environment Agency, and the site has operated in accordance with this start time. However, the later permission at the site has an opening time of 0730 and the application is to regularise the start time.

3. Development Plan

3.1 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policy 7 concerns proposals for landfill.

4. Consultations

4.1 The comments of Eastleigh Borough Council are awaited.

4.2 The comments of Environmental Health, Eastleigh Borough Council are awaited.

4.3 The comments of the Environment Agency are awaited.

4.4 Fair Oak & Horton Heath Parish Council raise no objection to the deposit of non inert waste, and hope that SITA would ensure the properties remain vacant until the works are completed. They would not like to see any variation on the restrictions of the opening times.

4.5 The Highways Adviser raises no objection.

4.6 The Rights of Way Manager raises no objection.

4.7 Southampton Airport comment that further investigation is required for birdstrike hazard risk.

4.8 The local Member, Councillor Boulton has been informed of the proposals.

5. Representations

5.1 No representations have been received.

6. Chief Planning Advisers Comments

6.1 The reason for the condition restricting waste to inert within 100m metres of Sandelwood was to protect the amenity of the local residents adjoining the site. The applicant has agreed with the house owners to buy these houses if this variation is permitted, and stated that they would be left unoccupied for the duration of the landfilling works. As the reason for the condition was to protect the amenities of these residents, it would be reasonable to delete this requirement if the houses are not occupied. The issue is how to ensure that there is no non inert tipping unless these houses remain unoccupied for the duration of tipping. This can be ensured through a condition, which states that non inert tipping shall not commence unless the houses are unoccupied, and shall cease if the houses are reoccupied prior to the sites restoration.

6.2 It is noted that the Parish Council does not wish to see a variation in the hours of working. However the site has always operated with the 7.00 start without giving rise to substantial complaint, and is the time specified in the PPC permit issued by the Environment Agency. It is not considered that the regularisation of the start time would be unacceptable and would not lead to any increase in the impact of the operation of the site for local residents.

6.3 With regard to the Airports' comments the site has been operating as a landfill site for a number of years. Accordingly the proposed change cannot materially alter the risk of `bird strike'. However, any reasonable requests for additional conditions on the permission can be considered.

Recommendation

That planning permission in respect of variation of conditions 9 & 13 attached to planning permission 17314/3 and conditions 2, 3 and 8 attached to planning permission 17314/7 to enable the deposit of non inert wastes in that part of Fair Oak Quarry nearest to the property known as Sandelwood (and for consequential amendments to the approved phasing) and to regularise the site opening times at Fair Oak Quarry, Mortimer Lane, Fair Oak, Eastleigh(S/05/53266) be granted for the following reason subject to the following conditions:

Reason for Approval

It is considered that the proposals would be in accordance with the Development Plan (summary 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

Timescale

1. The tipping operations hereby permitted shall cease on or before 31 December 2006 and the site shall be restored in accordance with the approved restoration scheme within a further period of 6 months unless otherwise agreed in writing by the Waste Planning Authority.

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

Restriction of Working

2. No sand extraction shall take place within 30 metres of Sandelwood. There shall be no tipping of non inert waste within 100 metres of Sandelwood unless Sandelwood and 2 East Horton Cottages are unoccupied.

Reason: To ensure there are no unacceptable impacts for local residents.

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 revoking and re-enacting that order):

(i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing.

Reason: to protect 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 landfilling operations hereby approved.

Reason: In the interests of local amenity.

7. All existing trees and hedges along the boundary of the site and to the west of the haul roadshall be safeguardedand maintained . The hedge alongside Knowle Lane shall be maintained to a height of 2.5 metres.

Reason: In the interest of visual amenity.

Hours of Working

8. Unless otherwise agreed in writing by the Waste Planning Authority no heavy goods vehicles shall enter or leave the site and no plant or machinery shall be operated except between the following hours: 0700-1800 Monday to Friday (except on recognised public holidays when the hours are restricted to 0800 to 1600) and 0700-1400 Saturday (except on the saturdays preceding or following a public holiday when the hours are 0730 to 1700) .

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.

Highways

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.

Protection of Water Environment

11. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

Restoration

12. All topsoil and overburden stripped from the site shall be retained for use in site restoration.

Reason: To ensure the satisfactory restoration.

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.

Landscaping

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.

After-Care

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.

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

9247/PDC