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

1. Summary

1.1 Planning permission is sought to extend the period for tipping at the Fair Oak Landfill by two years, with a further six months for restoration. The planning permissions for the Fair Oak Landfill include conditions which require the tipping operations to cease on or before 31 December 2006 and the site to be restored within a further six months. The site takes non-inert industrial, commercial and household waste. With the commissioning of the Marchwood Energy from Waste Plant the volume of waste going to the site has significantly reduced, such that the site would not be completed to its approved contours within the permitted timescale. The recommendation is that, subject to a financial contribution towards traffic calming and highway safety and adoption of a lorry routing agreement, permission be granted for the extension of time.

2. Site and Proposal

2.1 The Fair Oak Landfill site, as shown on the attached location plan, totals an area of about 14 hectares adjacent to Knowle Lane to the east of Fair Oak. Access is through the adjoining golf course to Mortimers Lane. To the east Mortimers Lane runs goes through the residential area of Fair Oak, joining the B3354 near the village centre.

2.2 Planning permission for sand extraction and landfill at the site was granted in 1989. The sand extraction was completed by December 2003, the landfilling commenced in July 2001. This permission included a condition which required the completion of sand extraction and tipping by 31 December 2006, with restoration to be completed within a further six months. Subsequently, planning permissions have been granted for an

amended landform and restoration scheme, and to amend the conditions to allow additional non inert tipping within the site. These latter permissions have the same end date for tipping and restoration. Permission has also been granted for a power generation plant (generating electricity from landfill gas) which is operational and will continue beyond the life of the landfill site.

2.3 The site takes non-inert industrial, commercial and household waste. Historically this has included a high proportion of household waste from Eastleigh and Southampton. However, the applicant states that there has been a significant reduction in the volume of waste going to the site following the commissioning of the Marchwood Energy from Waste Plant. The reduction is such that the remaining void, about 330,000 cubic metres, cannot be completed in accordance with the approved plans within the approved timescale. Therefore a further two years for completion of tipping is requested with an additional six months for restoration. No change is proposed to the final landform or restoration plans. As the site is not taking household waste, there is not the need for the site to open on bank holidays and therefore it is proposed to amend the hours accordingly.

2.4 The site currently generates about 77 loads (154 movements) per day. This represents about 29 per cent of all heavy goods vehicles (HGVs) travelling from Fair Oak on Mortimers Lane, and about 37.5 per cent of all HGV traffic travelling towards Fair Oak on Mortimers Lane. The applicant comments that although these figures show that the majority of the HGV traffic is not associated with the landfill site, it is still significant proportion. In recognition of this the applicant proposes a financial contribution of £10,000 towards traffic calming and other highway improvements, to be secured through a legal agreement.

3. Development Plan

3.1 Hampshire County Structure Plan 1996-2011 (Review) Policies MW1 and MW2 concern proposals for minerals and waste development; Policy MW7 concerns landfilling within mineral sites.

3.2 Hampshire Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998 Policies 6 and 7 concern proposals for minerals and waste development; Policy 37 concerns waste disposal by landfilling.

4. Consultations

4.1 Eastleigh Borough Council raises no objection.

4.2 Eastleigh Borough Council Environmental Health Officer raises no objection.

4.3 Environment Agency raises no objection.

4.4 The Highways Adviser raises no objection, subject to the completion of a legal agreement to secure the £10,000 contribution.

4.5 Fair Oak and Horton Heath Parish Council raises objection and comments on the increase in traffic movement and queries whether plans have been formulated for Mortimers Lane to keep vehicles within the speed limits, restricting times of deliveries, etc. The Parish Council also recommends that if this application were allowed, the traffic be diverted around the village rather than up Mortimers Lane; and a public meeting be arranged.

4.6 The local Member, Councillor Roling, has been informed.

5. Representations

5.1 Eighty letters of objection have been received, which were addressed to Councillor Roling. The objections are on the grounds of the impact of the lorry traffic on Mortimers Lane in Fair Oak. The majority of the letters state that something must be done to curb the speed of the traffic and request the following issues to be pursued:

(i) 40 mph limit starting at the junction with East Horton Golf Centre;

(ii) 30 mph limit starting at Knowle Lane;

(iii) roundabout or traffic lights to be installed at junction of Mortimers Lane and Knowle Lane;

(iv) traffic island at `High Trees' or pavement between `Mimosa' and `High Trees' on the north side;

(v) flashing speed signals to be installed in each direction;

(vi) white lines at the sides and double white lines in the middle of the road within the 30 mph limit;

(vii) repainting of all road markings at the traffic islands, which have been worn away by traffic;

(viii) speed watch scheme in conjunction with the police; and

(ix) discussion with contractors regarding the route and speed of their lorries.

6. Chief Planning Adviser's Comments

6.1 The main issues associated with this application were discussed at a liaison panel meeting in October. The issue is whether the proposed additional period for tipping and restoration is justified and the consequences of the continued operation of the site in terms of the associated lorry traffic.

6.2 It is accepted there has been a reduction in the amount of waste going to the site because household waste from Eastleigh and Southampton is now treated at the Marchwood Energy Recovery Facility. The reduction in the waste inputs is considered a valid justification for not being able to complete the site in the approved timescale. There will be some void remaining at the end of the year which would be lost if tipping was to cease

at the end of the year. There would also be the need to amend the approved restoration scheme and landform. An extension of time would enable the site to be restored in accordance with the approved schemes and enable the full waste capacity to be available. This is not to be under valued from a planning perspective because of the limited landfill availability in South Hampshire.

6.3 The objections to the site focus on the impact of the associated lorry traffic travelling through Fair Oak. This impact is on the amenity of local residents and concerns highway safety issues arising from vehicle speeds. The applicant has acknowledged that lorries going to and from the site do represent a significant proportion of the total lorry traffic - about a third - and consequently has offered a financial contribution towards traffic calming measures and lorry routeing away from the areas of most concern. It is considered that the offer - £10,000 - is a proportionate response given the relatively short period of the extension of time proposed and the operators contribution to the lorry problem.

6.4 In conclusion it is considered that the reduction in waste inputs is a valid justification for not completing the site within the approved timescale and the retention of the remaining waste capacity would be beneficial in strategic waste management terms and that significant mitigation for the continued lorry traffic is provided by the proposed financial contribution and lorry routeing .

Recommendation

That, subject to the completion of a legal agreement to secure a financial contribution towards traffic calming and highways works and lorry routeing, planning permission in respect of an extension of time for non-inert tipping and restoration (without complying with Condition (1) of S/05/53266, Condition (1) of 17314/007 and Condition (1) of 17314/3) at Fair Oak Landfill, Mortimers Lane, East Horton, Eastleigh (S/06/58145) 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 tipping operations hereby permitted shall cease on or before 31 December 2008 and the site shall be restored in accordance with the approved restoration scheme within a further period of six 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 Sandlewood. There shall be no tipping of non hazardous waste within 100 metres of Sandlewood unless Sandlewood 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.

(5) 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.

Bird Strike

(6) The bird management scheme shall be implemented as approved by the Waste Planning Authority for the duration of tipping at the site.

Reason: In order to minimise the risk of bird strike.

Restriction of Permitted Development Rights

(7) Notwithstanding the provisions of Parts 4 and 21 of Schedule 2 of the Town and Country Plannnig (General Permitted Development) Order 1995 (or any order revoking and reenacting 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.

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;

0700-1300 Saturday; and

no working on Sunday or public holidays.

Reason: In the interests of local amenity.

Highways

(9) 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 the Water Environment

(10) 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 greater.


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.

Landscaping

(11) The landscaping scheme approved 18 July 2006 shall 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 following 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.

(12) All existing trees and hedges along the boundary of the site to the west of the haul road shall be safegurded and maintained. The hedge alongside Knowle Lane shall be maintained to a height of 2.5 metres.

Reason: In the interests of visual amenity.

Restoration

(13) The site shall be restored to agriculture and woodland in accordance with the approved drawings numbers FR385-D2A, 1Rev1 and 3Rev1,as approved by the Waste Planning Authority and all topsoil and overburden stripped from the site shall be retained for use in site restoration.

Reason: To ensure the satisfactory restoration of the site.

(14) 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 metres even depth of topsoil in the correct sequence.

Reason: To ensure the satisfactory restoration of the site.

(15) 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 the satisfactory restoration of the site.

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.

1148/PDC

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 1996-2011 (Review) 2000

Policy MW1

Planning authorities will, through policies and proposals in local plans and day-to day development control:

(i) seek to ensure an adequate supply of minerals and provision of waste management facilities to meet needs having regard to the need to: maintain the environmental quality and diversity of Hampshire, including the protection of living conditions; safeguard important socio-economic interests; prevent pollution; and protect features of particular environmental or historical importance including those listed in Policy MW3, Sites of Importance for Nature Conservation and historic parks and gardens;

(ii) seek environmental enhancement and public benefits through minerals and waste development;

(iii) conserve and prevent unnecessary sterilisation of mineral resources and encourage efficient use of materials;

(iv) encourage the use of secondary and recycled aggregate materials; and

(v) seek the management of waste in accordance with the following hierarchy;

1. reduction of waste;

2. re-use of waste;

3. recovery of waste (recycling, composting, energy from waste); and

4. waste disposal;

having regard to the proximity principle and the principle of best practical environmental option.

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.

Policy MW7

Waste disposal by landfilling will only be permitted within mineral working sites that are active or unrestored or have been unsatisfactorily restored or where there would be an environmental benefit from the raising of levels. Land-raising will normally be permitted only in exceptional circumstances where the need for landfill capacity cannot be met by the infilling of mineral workings and there is no other reasonably practicable means of disposal available and provided that the development would not have unacceptable environmental, traffic or other impact.

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 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.