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

1. Summary

1.1 Planning permission is sought for variation of conditions at Frith Lane landfill site to extend the period for restoration from 31 October 2005 to 31 July 2006. It is considered that there is a need for the restoration to be completed and this will require the importation of further soils and restoration material. It is considered that an extension to 31 July 2006 would be reasonable to complete the restoration. Therefore it is recommended to grant planning permission, subject to conditions.

2. Site and Proposal

2.1 Frith Lane landfill site, as shown on the attached plan, comprises an area of four hectares alongside Frith Lane, however access is via a long haul road across the Meon Valley to the A32. The haul road crosses the Meon Valley and crosses the bridleway which follows the former railway line. The site adjoins the proposed South Downs National Park and the haul road is within the proposed National Park.

2.2 The nearest house is Frith Farmhouse which is about 40 metres to the north-west of the site, on the other side of Frith Lane. However there is also a house about 100 metres from the haul road where it joins the A32.

2.3 Planning permission for sand extraction and infilling was approved in 1990 following an appeal. The site started operating in 1995. Subsequently planning consent was granted for clay extraction in 1996 and extending the range of wastes permitted for infilling to include contaminated soils was approved in 1997. The site ceased accepting waste in 2003 and is currently being restored to agriculture. The current permission requires restoration to be completed by 31 October 2005.

2.4 Capping works to complete the containment engineering were completed during 2005. The remaining works are the placement of subsoils and topsoils and seeding. Currently over half the site is complete to final restoration levels and will be topsoiled and restored within the next two months. However the remaining restoration works require about 15,000 cubic metres of soils for completion. Therefore permission is sought for an extension of time to 31 July 2006 to complete the restoration works. In addition, permission is sought to enable continued use of the access road, wheel cleaning facility, site offices, etc to 31 July 2006.

2.5 The reasons for the delay are given as: the lack of availability of suitable clean inert material; the need to stop work on part of the site to safeguard nesting sandmartins; and inclement weather.

3. Development Plan

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

4. Consultations

4.1 Winchester City Council has been informed.

4.2 Environmental Health Officer, Winchester City Council, has no comments.

4.3 Environment Agency raises no objection.

4.4 Highways Adviser raises no objection.

4.5 Soberton Parish Council has been informed.

4.6 Wickham Parish Council raises no objection, but requests every effort is made to complete site restoration so no further extensions of time are required.

4.7 South Downs Joint Committee (East Hampshire Area of Outstanding Natural Beauty) raises no objection.

4.8 Southampton Airport raises no objection in relation to airfield safeguarding.

4.9 The local Member, Councillor Allgood, and Councillor Mrs Hindson (as adjacent local Member) have been informed.

5. Representations

5.1 Two letters of objection have been received from local residents. These objections are on the grounds that there have already been previous extensions of time; extending the life well beyond the original five year consent; noise and dust from lorries using the haul road and noise from the reversing bleeper on the road sweeper; mud being carried onto the A32; operators not complying with conditions; and part of the site used for recycling.

6. Chief Planning Adviser's Comments

6.1 The Frith Lane landfill site ceased to accept waste in 2003 and all the work at the site since has been engineering works and restoration. The issue is whether there is sufficient justification for a further nine months beyond 31 October 2005 to complete restoration.

6.2 The concerns from local residents about further extending the life of the site are noted and their frustrations in the delays in completing it are appreciated. However, this application is simply for completion of restoration at the site and it is important that it is properly restored. Regrettably, the difficulties of obtaining the appropriate soils and restoration material are now becoming commonplace. Allowing an extension to 31 July 2006 is reasonable.

Recommendation

That planning permission in respect of variations of conditions of planning permission 02/01590/HCM W11890/08 to extend time for restoration at Frith Lane Landfill, Wickham (05/02070/HCM) 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) 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 site to be restored in accordance with the scheme approved under Condition (18) by 31 July 2006.

Reason: To secure the satisfactory restoration of the site.

Slope Stability

(2) The approved scheme of mitigating measures ensuring the stability of pit slopes during the life of the site shall be fully implemented, unless otherwise agreed in writing by the Mineral Planning Authority.

Reason: To protect the local environment from any adverse environmental impact.

(3) The approved restoration scheme for the temporary storage and seeding of stockpiled soils under the electric cables in the south-westernmost corner of the site shall be fully implemented, unless otherwise approved by the Mineral Planning Authority in writing.

Reason: In the interests of visual amenity of the area.

Signs

(4) The signs erected on the haul road warning drivers of the existence of pedestrians, equestrians and cyclists who use Public Footpath No. 6 where it crosses the haul route shall be maintained for the duration of the development.

Reason: In the interests of public safety.

Scheme of Working

(5) Working of the site shall take place in accordance with the approved scheme of working, unless otherwise agreed in writing by the Waste Planning Authority.

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.

Hours of Working

(6) Except with the prior written approval of the Waste Planning Authority, no operations shall be carried out and plant shall not be operated other than between 0730 and 1800 hours on Monday to Friday and no work shall take place on Saturday or Sunday or on public holidays.

Reason: In the interests of local amenity.

Noise and Dust

(7) All machinery and equipment used on the site shall be properly silenced, maintained and repaired as necessary and all other necessary steps taken, including preventing the use of reversing bleepers, to ensure that the best practicable means are adopted at all times to minimise noise emissions from the site.

Reason: In the interests of local amenity.

(8) Noise from operations on the site, including both fixed plant and mobile machinery related to it, shall not exceed 55 dB(A)LAeq 20 minutes as measured at the site boundary.

Reason: In the interests of local amenity.

(9) The operator shall take such measures as may be necessary, including the spraying of water over the site, access road and stockpiles, restricting speed of vehicles to a maximum of 5 mph, and the fitting of dust suppression equipment to plant to prevent the occurrence of wind-blown dust.

Reason: In the interests of local amenity.

Protection of Water Environment

(10) No water shall be discharged from the site except from the wheel cleaning facilities, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To protect against the pollution of adjacent water courses and land.

(11) The arrangements for the safe storage and handling of fuel and lubricating oils required on-site shall be implemented as approved by the Waste Planning Authority in writing.

Reason: To protect against the pollution of adjacent water courses and land.

Skip Storage

(12) No waste skips or containers shall be stored on the site.

Reason: In the interests of local amenity.

Restriction of Permitted Development Rights

(13) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order) no buildings, plant, machinery or structure shall be erected or placed on the site except with the prior approval of the Waste Planning Authority in writing.

Reason: In the interests of local amenity.

Highways

(14) The means of access to the site shall be from the A32 only and there shall be no means of vehicular access to the site from Frith Lane.

Reason: In the interests of highway safety.

(15) All approved wheel-cleaning and associated drainage facilities shall remain on-site and be implemented for the duration of the development. No lorry shall leave the site unless its wheels have been cleaned sufficiently to prevent mud being carried onto the A32.

Reason: In the interests of highway safety.

Soil Storage

(16) No soil or material shall be stockpiled under the canopies of any trees surrounding the edge of the site.

Reason: To ensure the protection of the landscape character of the area.

Restoration

(17) All plant and machinery, foundations, buildings, structures, hardstandings and access roads not required in connection with the future agricultural use of the site shall be removed from the site and the land restored to agriculture by 31 July 2006.

Reason: To ensure the site is satisfactorily restored.

After-Care

(18) The approved after-care scheme shall be implemented for a period of five years following the completion of restoration.

Reason: To ensure the site is satisfactorily restored.

658/PDC

Annexe to Reasons for Conditions

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

(General Procedure) Order 1995 - as amended)

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Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998

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.