Archived decisions
HAMPSHIRE COUNTY COUNCIL
Decision Report
Decision Maker: |
Regulatory Committee | ||||
Date of Decision: |
7 October 2009 | ||||
Decision Title: |
Proposed extension of time for as a variation of condition 1 of PPS/02/58145 at Fair Oak Landfill, Mortimer Lane, East Horton, Eastleigh. (Application No: S/09/65443) (Site Ref: EA083). | ||||
Decision Reference: |
984 | ||||
Report From: |
Head of Planning and Development | ||||
Contact name: |
Peter Chadwick | ||||
Tel: |
01962 846728 |
Email: |
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1. Executive Summary
1.1. Waste tipping has been completed at Fair Oak Landfill site, but there remains the need for importation of soil and restoration material. A further two years is requested to complete restoration.
1.2. The issues are whether the proposed additional period for restoration is justified and the consequences of the continued operation of the site in terms of the associated lorry traffic.
1.3. It is considered that the proposal would be in accordance with the development plan (DC12) and would not materially harm the character of the area or the amenity of local residents (DC8) and would be acceptable in terms of highway safety and convenience (DC6).
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 was originally granted in 1989 for sand extraction and restoration by land filling. This permission had a condition requiring completion and restoration of the site by June 2007. In November 2006 planning consent was granted to extend the period for completing land filling operations within two years (ie by 31 December 2008) with restoration being completed within a further period of six months (ie by 30 June 2009).
2.3. The site ceased accepting waste on 9 December 2008. The restoration requirement is for the placement of sub-soils and soils over the engineered cap and restoration to agriculture. About 5.5 hectares of the site require capping and restoration, requiring about 120,000 tonnes of imported sub-soils and topsoil to achieve the final approved levels. It is estimated that this would take a further two years, and therefore permission is sought for an extension of time to 30 June 2011 for completion of restoration.
3. Development plan
3.1. Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) Policy DC6 (Highways), DC8 (Quality of life and amenity) and DC12 (Restoration and Aftercare).
4. Consultations
4.1. The Local Member, Councillor Roling raises no objection.
4.2. Councillor Allgood has been informed as chair of the Liaison Panel.
4.3. Eastleigh Borough Council raises no objection.
4.4. Eastleigh Borough Council Environmental Health Officer - no comments received.
4.5. Highway Authority comments that having reviewed accident data for the roads currently being used by vehicles to and from this site, as in accordance with the lorry routing agreement; Mortimers Lane, Portsmouth Road, Winchester Road (B3354) and B3037, are satisfied that the traffic associated with the extension of the restoration period for this site should not exacerbate any existing issues on the highway network. Therefore raise no objection.
4.6. Environment Agency raises no objection.
4.7. Fair Oak and Horton Heath Parish Council raise no objection.
4.8. Wickham Parish Council raise objection on the grounds that the continued use of the A334 and B2177 is unsustainable and unnecessary in view of the extensions made to the M3 and M27 since the designation was made. Wickham has suffered from the effects of large Heavy Goods Vehicle (HGV) traffic from this site for many years with repeated extensions granted just as residents are expecting the site to close and HGV movements to ease.
4.9. Rights of Way Manager - no objection.
4.10.Southampton Airport Safeguarding raise no objection.
5. Representations
5.1. Borough Councillor Wright raises objection on grounds of the need for a highway contribution for road improvements in the vicinity of the landfill.
5.2. Letter from a resident concerned that some HGVs do not comply with the routeing agreement.
6. Commentary
6.1. Restoration of the site clearly needs to be completed. The main issues associated with this application are whether the proposed additional period for restoration is justified and the consequences of the continued operation of the site in terms of the associated lorry traffic.
6.2. The period requested is considered reasonable taking into account the amount of soils and restoration material required. There is an existing lorry routeing agreement which prevents lorries using the road back into Fair Oak, it is proposed to continue with this agreement, therefore it would not be reasonable to require a financial contribution towards highway works when the lorries are precluded by routing agreement. The concerns of Wickham Parish Council about lorry traffic are acknowledged, but the road is identified as a lorry route in the development plan.
7. Recommendation
7.1. That, subject to continuation of the legal agreement for lorry routing agreement, planning permission in respect of Proposed extension of time for as a variation of condition 1 of PPS/02/58145 at Fair Oak Landfill, Mortimer Lane, East Horton, Eastleigh. (Application No: S/09/65443) be granted subject to the conditions in Appendix B.
Links to the Corporate Strategy
Hampshire safer and more secure for all: |
no |
Corporate Business plan link number (if appropriate): | |
Maximising well-being: |
no |
Corporate Business plan link number (if appropriate): | |
Enhancing our quality of place: |
yes |
Corporate Business plan link number (if appropriate): | |
Other Significant Links
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Section 100 D - Local Government Act 1972 - background documents | |
The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report. (NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.) | |
Document |
Location |
Timescale
1. The site shall be restored in accordance with the approved restoration scheme by 30 June 2011 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 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.
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; and
0700-1300 Saturday.
There shall be 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.
Advice Note
The lorry routing agreement that is already in force for the site shall be carried forward and remain in force.
Annexe to Reasons for Conditions
(as required by Article 22 of the Town and Country Planning
(General Procedure) Order 1995 - as amended)
Hampshire Minerals and Waste Core Strategy DPD 2007
DC6 - Highways
Major mineral extractions, landfills and `strategic' recycling, aggregate processing and recovery and treatment facilities, will be permitted provided they have a suitable access to and/or route to the minerals and waste lorry route as illustrated on the Key Diagram.
In all cases, minerals and waste development will only be permitted if it pays due regard to the likely volume and nature of traffic that would be generated by the proposal and the suitability of the proposed access to the site and of the road network that would be affected. Consideration should be given to highway capacity, road and pedestrian safety, congestion and environmental impact, and whether any highway improvements are required and whether these could be carried out satisfactorily without causing unacceptable environmental impact.
DC8 - Pollution, health, quality of life and amenity
Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and/or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.
DC12 - Restoration and Aftercare
Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.
The restoration and after care of sites should seek to meet two or more of the following planning objectives:
a. Improving public access to the countryside, including public access for disabled people and recreation;
b. Use for management of water resources and/or flooding management;
c. The improvement of biodiversity;
d. Use as back-up grazing;
e. Return to agriculture, forestry or other `open' use recreational facilities.
Proposals for mineral extraction and landfill must include provision for at least five years of aftercare following restoration of the site.
Restoration proposals for mineral workings in Aerodrome Safeguarding Zones should take account of the need for progressive working and restoration, to prevent open water bodies becoming bird roosts.