Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought for the extraction of clay for landfill engineering, deepening of landfill void and an extension of time for completion of operations at Squabb Wood Landfill, Salisbury Road, Shootash, Romsey.

1.2 An environmental impact assessment (EIA) accompanied the application which concludes that no overriding environmental issues have been identified that would be incapable of appropriate and effective mitigation.

1.3 The recommendation is to grant permission subject to conditions.

2. Site

2.1 The application site, as illustrated on the attached plan, extends across 9.18 hectares of land due south of the main access to Squabb Wood Landfill.

2.2 Squabb Wood Landfill extends across a total of 48.5 hectares due south and south-west of Squabb Wood, 1.5 kilometres north-west of Romsey. The landfill comprises Shootash former gravel pit and materials storage area, Embley Quarry recent gravel pit and Squabb - the main landfill operation. The site is bounded to the south by the A27 opposite which lies the entrance to Embley Park School and two residential lodges. Planning permission for gravel extraction and infilling with category A, B and C waste was granted in 1997 under Planning Permission TVS5746/1. There is also permission for the construction of a gas utilisation plant and associated facilities (ie a gas flare, gas engines, ancillary equipment and access/parking) under Planning Permission TVS05746/3.

2.3 On 22 April 2003 Viridor Waste Management Limited notified the County Council that the site would stop accepting waste from 31 May 2003 and that all landfilling activities would cease shortly thereafter. The decision to close the site was taken on commercial grounds.

2.4 The nearest residential properties are illustrated on the attached plan and are Eastgate and Westgate Lodges which lie approximately 220 metres to the south of the proposed infilling and extraction area on the western side of the A27 Romsey to Salisbury Road (and approximately 170 metres from the site entrance); a residence known as Blue Hayes approximately 615 metres from the proposed landfill and extraction area (and 145 metres from the edge of the main site boundary where material storage takes place) to the west of the haul road on the A27; 1 and 2 Spursholt Cottages approximately 160 metres to the east of the proposed clay extraction area (and approximately 80 metres from the main site boundary); and Foxbury Cottage tenanted and owned by the Broadlands Estate which is approximately 150 metres from the proposed landfill and extraction area and lies adjacent to the main site boundary.

3. Proposal

3.1 Planning permission is sought at Squabb Wood Landfill site for the following:

(i) the extraction of approximately 40,000 tonnes of clay from the Embley Quarry area over a 12 month period for on-site landfill engineering purposes which would avoid the need to import such materials. The clay would be extracted to the depth of 53 metres AOD (a maximum of four metres below the current quarry base of 57 metres AOD);

(ii) to extract unsuitable clays, sands and gravels to up to a depth of 9.5 metres below current permitted levels from Squabb Wood proposed permitted landfill cells to provide sufficient materials to restore the site complex of Squabb, Shootash and Embley. Materials extracted would be approximately 125,000m³ (200,000 tonnes). A consequence of this extraction would be - with a surcharging of permitted tipping levels to allow for estimated higher rates of compaction and settlement - an increase in the landfill void space by 166,000m³. This would accommodate 136,000 tonnes of waste; and

(iii) a six year extension of time of the existing planning permission under Condition (11) of Planning Permission TVS5746/1 from 30 April 2007 to 30 April 2013. The applicant states that the `moth-balling' of the site for the best part of three years, the reduced levels of input before the suspension of tipping and the increased capacity has meant that this extension of time is necessary. Notwithstanding the proposed surcharging, the final post-settlement restoration scheme, including final landform levels, would not be changed.

3.2 The applicant considers there are three main benefits to the proposals:

(i) the achievement of the currently consented restoration scheme, across Embley and Squabb landfill, without importing restoration materials by road;

(ii) negating the need to import landfill engineering materials (clay) by road by sourcing it from the site; and

(iii) a marginal increase in void space.

3.3 The proposed maximum rate of waste importation per year would be 180,000 tonnes to complete the landfill (over seven years) with an average of 100,000 tonnes per year.

4. Environmental Impact Assessment

4.1 The Environmental Statement (ES) submitted as part of the Environmental Impact Assessment (EIA) covered the following information:

(i) hydrology;

(ii) landscape;

(iii) traffic;

(iv) air quality; and

(v) noise.

4.2 The ES meets the EIA Regulations requirements and concludes that the impacts could be satisfactorily mitigated.

5. Development Plan

5.1 The key policies against which this proposal is being assessed are:

(i) Hampshire County Structure Plan Review 1996-2011 (Adopted March 2000) Policy MW2 (need for mineral and waste development balanced against any adverse environmental impact the development may cause); and

(ii) Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted December 1998) Policies 6 and 7 (general amenity and environmental protection policies), Policy 28 (extraction of clay) and Policy 37 (criteria for land filling/landraising developments).

5.2 In addition, consideration should be given to `Planning for Sustainable Waste Management' (PPS10) which states "a waste planning authority should set out policies and proposal for waste management in line with the Regional Spatial Strategy and ensure sufficient opportunities for the provision of waste management facilities in appropriate locations, including for waste disposal" (paragraph 16).

5.3 The emerging Regional Spatial Strategy (Regional Planning Guidance for the South East - RPG9) for minerals and waste - as set out in the First Secretary of State's proposed changes - identifies a shortfall of landfill capacity in Hampshire of 9.9 million tonnes by 2015 (paragraph 2.90).

6. Consultations

6.1 Romsey Extra Parish Council raises objection to the proposal on the grounds that the extension of time proposed would have a detrimental effect on nearby residential properties.

6.2 Wellow Parish Council objects to the application on the grounds of adverse impact on amenity, listed building of Embley Park School and traffic (including conflicts with entrance to the school) and local footpath network.

6.3 Sherfield English Parish Council has been informed.

6.4 Romsey Town Council has no comments to make.

6.5 Environmental Health Officer (Test Valley Borough Council) raises no objection to the proposal subject to conditions controlling noise, dust and odour being imposed.

6.6 Test Valley Borough Council raises no objection to the application subject to the conditions controlling noise, dust, and odour.

6.7 Environment Agency raises no objection in principle but highlights that a variation to the PPC permit would be required .

6.8 The Highway Adviser raises no objection in principle as the proposal would effectively represent a continuation of historic/existing heavy goods vehicle trip generation, but requests a contribution to highway repairs on the A27.

6.9 Southampton Airport raises no objection to the proposal subject to a bird hazard management plan being submitted prior to the development commencing.

6.10 The adjacent local Member, Councillor Perry, makes the following observations:

(i) If the hydrological risk assessment undertaken by the Environment Agency as consultee is negative in any way then no consent for the proposal should be granted as it could endanger water resources into the River Test.

(ii) Concern over the significant extension of time period proposed. Local residents had good reason to believe that the operation would end by 2007 and to have ongoing blight added to their properties up to 2013 if permission is granted as requested is unreasonable and brings the planning procedure into disrepute.

(iii) No proven long term need.

(iv) The applicants have a generally good operating record and there may be some scope to a limited tolerance in time extension but no more than two years to take account of the non-operational period.

(v) Better enforcement of operating times and existing conditions and thought be given to requesting better landscaping for the proposed nine metre flare stack as some element of quid pro quo should a limited consent be considered.

6.11 The local Member, Councillor Woodhall, has been informed of the proposal.

7. Representations

7.1 Four letters of representation have been received to the proposal from three members of the same family living at Sherfield Manor, Sherfield English, and a planning consultant on behalf of these residents on the following grounds:

(i) Site geology to be viewed as a reason for curtailing activities within the parameters of the existing planning consent. Calculations regarding need could be subject to a high degree of error.

(ii) Highways - the A27 does not form part of the lorry route network and additional HGVs should not be encouraged. The proposed extension to Embley Park School warrants detailed consideration of amenity and highway safety impacts of additional HGV movements in the locality.

(iii) Justification - no robust justification for extending the landfill.

(iv) Planning Policy - no proven need for disposal of waste - may be sufficient capacity elsewhere.

7.2 A representation has been received to the application from the Sherfield English Environmental Protection Society raising concerns about the application. The Society considers the extension of time as too long; requests the River Test to be protected from pollution by an artificial liner around the site; damage to the vehicular entrance; amenity issues; and vehicular conflict with Embley Park School.

8. Report of the Site Visit

8.1 The Committee undertook a site visit on 5 September 2005 and met with the applicant.

8.2 The Chief Planning Adviser introduced the application and explained its key features. He explained that the site had not been operating since May 2003 and inputs had been slower than expected before that so the proposal for the extraction of clay from the site meant that the site would not be restored until 2013. He displayed a plan to Members which indicated the current agreed pre-settlement contours, the new proposed pre-settlement contours and the proposed post-settlement contours. The Highway Adviser advised that a contribution from the applicant towards the maintenance of the highway would need to be formally agreed.

8.3 The applicant's agent explained that it was intended that the area of gravel extraction - and proposed clay extraction - would be restored during 2006. There were no Parish Council representatives or members of the public present, but the Chief Planning Adviser reminded Members of the particular concerns of local residents about traffic on the A27 and the request for the extension of time. Neighbouring residents' views would be taken into consideration.

9. Chief Planning Adviser's Comments

9.1 The proposal is a modification and extension of the existing permission to extract mineral and landfill at Squabb Wood, near Romsey. The proposal, is in accordance with Development Plan, but the issues raised are: any adverse hydrological impacts caused by the deepening of the landfill and extraction of the clay; and any adverse amenity impacts caused to local residents because operations are proposed to continue until 2013 instead of ending in 2007.

9.2 It is noted that the Highways Adviser raises no objection to the proposal, subject to a legal agreement securing a financial contribution for the upkeep and future maintenance of that part of the A27 near the site access. Highway safety issues raised by local residents and the Parish Councils about the Embley Park School and its proposed extension are noted but, as the County Council's Highways Adviser stated at the recent meeting of the Squabb Wood Liaison Panel, the County Council was a consultee on the school application and is taking an active role in ensuring the proposals are implemented correctly and without causing a significant adverse impact on the local highway network both during construction and post-construction. The Highways Adviser added that in his view the proposals would not conflict with the current application at Squabb Wood and would not compromise road safety. It should be noted that the scheme reduces lorry movements overall. Despite the increase in landfill capacity this is more than offset by engineering and restoration materials being sourced on-site instead of being imported by road.

9.3 Concerns and objections regarding amenity impacts raised by local residents, the Parish Council and the local Member are noted but it is clear the Environmental Health Officer has raised no objection to the application subject to conditions being attached to help control potential noise and dust impacts.

9.4 Similarly, concerns raised by the local Member and residents about geology and hydrogeology are noted but the Environment Agency raises no objection to the application in principle.

9.5 The concern about extension of time to 2013 is appreciated. However, the slower development of the site and its recent closure, with the marginal increase in capacity is a reasonable justification for the change.

9.6 On balance, having taken all comments, concerns and objections into account and on examination of all the details submitted with and during the processing of the application, it is considered that planning permission should be granted.

Recommendation

That, subject to a legal agreement securing a financial contribution for the future maintenance and repair of the A27 along the proposed lorry route, planning permission in respect of extraction of clay for landfill engineering, deepening of landfill void and an extension of time to existing consent at Squabb Wood Landfill, Salisbury Road, Shootash, Romsey (TVS04755/6) 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 (summary attached),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

Commencement

(1) The development hereby permitted shall be begun before the expiration of one year from the date on which this planning permission was granted.

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

Time Limit

(2) The winning and working of minerals and tipping operations hereby permitted shall cease on or before 30 April 2013 and the site shall be restored in accordance with the scheme approved under condition (4) below within a further period of six months or such longer period as the Mineral Planning Authority may approve in writing.

Reason: To comply with Schedule 5 of the Town and Country Planning Act 1990 and to minimise the duration of disturbance from the operations.

(3) No extraction or tipping operations shall take place except in accordance with the scheme of working and tipping approved under Planning Permission TVS5746/1 and as modified by approved Drawing No. 17 (September 2005) and the accompanying material movements programme.

Reason: In the interests of local amenities and to ensure the land is systematically restored.

Restoration

(4) The site shall be progressively restored to agriculture and amenity use in accordance with the restoration scheme approved under Planning Permission TVS5746/1 as modified by Plan No. 3 (May 2005) approved by way of this certificate and with details to be submitted within three months of date of this certificate which include details for:

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

(ii) a permanent sandmartin face to be incorporated in the restoration scheme for the Shootash part of the site approved under Planning Permission TVS5746/1.

Reason: To comply with Schedule 5 of the Town and Country Planning Act 1990 and to minimise the duration of disturbance from the operations.

Noise and Dust

(5) Noise level during operational hours (ie 7.30 to 1830 Monday to Friday and from 0730 to 1400 on Saturdays) shall not exceed 55dB(A) LAEQ, 1 hour (freefield). The measurement and assessment shall be made according to BS4142:1997 and determined at the boundary of the nearest noise sensitive properties.

Reason: In the interests of local amenities.

(6) Noise level generated from temporary operations shall not exceed 70dB(A) LAEQ, 1 hour (freefield) for periods up to eight weeks (as proposed from the application) during operational hours (ie 0730 to 1830 hours Monday to Friday and from 0730 to 1400 hours on Saturday).

Reason: In the interests of local amenities.

(7) All pumps, generators and compressors shall be located behind the existing screening mounds and should be electrically powered. Acoustic enclosures should be used where possible.

Reason: In the interests of local amenities.

(8) Plant shall be operated in accordance with manufacturer's instructions and subjected to regular maintenance to ensure that noise emissions are minimised. This should include minimisation of drop heights, reducing revving of engines and all vehicles and mechanical plant used for the purpose of works should be fitted with effective exhaust silencers and maintained in good working order to comply with manufacturers noise rating levels.

Reason: In the interests of local amenities.

(9) The development shall be implemented in accordance with the scheme for fume and dust suppression approved by way of Planning Permission TVS5746/1 which includes provisions for sheeting of loaded lorries entering/leaving the site. The approved scheme shall be implemented for the duration of the development subject to periodic review.

Reason: To safeguard the local environment.

(10) A scheme comprising the construction of temporary mounds to screen activities that will be undertaken at elevations and locations that would not otherwise be screened should be agreed by the Waste Planning Authority within three months of the date of this permission.

Reason: To safeguard the local environment.

Haul Roads and Associated Development

(11) All internal site haul road shall be maintained in a condition free from potholes while in use and shall be removed when no longer required or during the course of site restoration, whichever is the sooner. Sections of haul road formed to a level higher than one 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 that the site is satisfactorily restored and to minimise noise disturbance to neighbouring residents.

(12) On completion of restoration all haul roads, plant, offices and associated hardstandings shall be removed and the land restored in accordance with Condition (4) above.

Reason: To ensure the site is satisfactorily restored.

Pollution Control

(13) Any above ground chemical storage tank/container and associated pipe work shall be sited and bunded in a manner to avoid any spillage.

Reason: To prevent pollution of watercourses and groundwater.

Trees

(14) Trees and hedgerows to remain on the site shall be protected in accordance with the scheme approved under Planning Permission No. TVS5746/1 and implemented throughout this permission.

Reason: In the interest of local amenity and ecology of the area.

Archaeology

(15) The development shall take place in accordance with the scheme of archaeological investigation approved under Planning Permission No. TVS5746/1.

Reason: To ensure the protection of areas of potential archaeological interest.

Other

(16) The design and location of the wheel wash, offices, weighbridge, vehicle turning and staff parking areas shall remain throughout the development as approved under Planning Permission TVS5746/1.

Reason: In the interests of local amenity.

(17) The survey points established under Planning Permission TVS5746/1 shall be retained during the life of the permission.

Reason: To facilitate the monitoring of the development and ensure the land is capable of restoration in accordance with the approved details.

(18) Existing signs erected in accordance with Planning Permission TVS5746/1 to warn users of the footpaths which border the site at Shootash, of the adjacent operations, shall be maintained throughout the development.

Reason: To minimise the risks to users of the public rights of way of the adjacent operations.

(19) A bird management for the whole site subject of Planning Permission TVS5746/1 shall be submitted to the Mineral Planning authority for approval within three months of the date of this certificate.

Reason: In the interests of airport safeguarding.

(20) Prior to the commencement of the development a full reptile survey and mitigation scheme shall be submitted to the Waste Planning Authority for approval in writing and thereafter implemented in accordance with that approval.

Reason: To protect the reptile species which are protected under the Wildlife and Countryside Act 1981 (as amended).

Aftercare

(21) Aftercare of each restored area of land to bring it to the required standard for use for agriculture, amenity and nature conservation shall take place for a period of five years and in accordance with scheme approved under Permission TVS5746/1 beginning when restoration is completed in accordance with Condition (4) above. An annual site meeting shall take place throughout the aftercare period to agree the detailed steps necessary on the restored land.

Reason: To ensure the restored land is correctly husbanded.

Advice Note

The legal agreement attached to Planning Permission TVS5746/1 prohibiting the use of Gardners Lane and Embley Lane by lorries and securing the long term management of the Shootash parcel of land as lowland heath and nature conservation (amenity) use shall remain in force.

435/JD

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan (Review) 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) 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 28

The extraction of clay (excluding borrow pits) from outside the preferred areas specified in Policy 27 will not be permitted unless the Mineral Planning Authority is satisfied that there is a clearly established need for the clay for the lining or capping of landfill sites which cannot reasonably and satisfactorily be met from another source and that the need outweighs any adverse environmental, traffic or other impact that the development would be likely to cause.

Policy 37

The Waste Planning Authorities will grant planning permission for waste disposal by landfilling provided they are satisfied that:

(i) the waste to be disposed of cannot practicably and reasonably be reduced, re-used, recycled or processed at a resource recovery plant and there is a proven need for the disposal of the waste by landfilling which cannot reasonably be met by other suitable existing or permitted waste disposal facilities within a reasonable distance of the source of the waste by the preferred areas in Policy 38; and

(ii) the proposed landfilling would normally take place within a mineral working site that:

(a) is an active extraction site; or

(b) has been unsatisfactorily restored and landfilling would enable satisfactory restoration to be achieved; or

(c) has been restored below original levels and there would be an environmental benefit from the raising of levels by infilling; and

(iii) the proposed site is located near to and has adequate access to the Hampshire Lorry Route Network (as shown on the proposals map), so that the development would not be likely to cause unacceptable traffic impact (including the environmental impact of traffic) on the local highway network; and

(iv) the proposed site is located and the proposal includes adequate measures to ensure that no unacceptable impact would be likely to be caused to the occupants or users of houses, other residential buildings, schools, hospitals and other environmentally sensitive buildings and land uses by reason of noise, dust, fumes, smell or other cause; and

(v) the proposed site is located so as to avoid unacceptable impact on landscape, nature conservation and archaeological interests; and

(vi) the proposed site is located and the proposal includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety.