Contact Officer: Taufiq Islam (mohammad.islam@oxfordshire.gov.uk), tel 01865 815884
ITEM PN5
PLANNING & REGULATION COMMITTEE – 20 JULY 2009
CONTINUED SOIL RECYCLING TO ENABLE FINAL RESTORATION OF LANDFILL SITE AT DIX PIT, STANTON HARCOURT
Report by the Head of Sustainable Development
Location: Dix Pit, Stanton Harcourt
Applicant: Controlled Reclamation Ltd.
Application No: 09/0440/P/CD3
District Council Area: West Oxfordshire
Introduction
1. Controlled Reclamation Limited proposes to continue the existing soil recycling operation to provide material to restore their landfill site. The site forms part of the larger Dix Pit complex, where waste activities have permission until 2028. It is proposed to continue soil recycling until 2012.
Location
2. The village of Stanton Harcourt lies about 400 m to the northeast of the application site and the town of Witney is located about 3.2 miles (5 km) to the northwest of the site. Oxford is about 6.2 miles (10 km) to the east of the site.
The Site and its Setting (see Plan 1) (download as .doc file)
3. The site comprises part of the Dix Pit waste management complex. The wider Dix Pit complex is a former quarry that now accommodates a range of waste management and industrial uses. The application area is within that part of Dix Pit known as the Controlled Reclamation site.
4. The site is accessed from the haul road that serves the Dix Pit complex via Blackditch leading from the B4449 Hardwick road. Blackditch also provides access to Stanton Harcourt Industrial estate to the northeast of the application site.
5. The nearest residential property is about 380 m from the site at Blackditch and the Old Vicarage.
6. To the south of the site lies the block making works of Conbloc, the County Council household waste recycling centre and industrial uses including cement manufacture and workshops. The site lies in a countryside location.
Planning History
7. In July 2000 planning permission no W98/0207 was granted to consolidate four existing permissions for mineral extraction and infilling with imported materials at the Controlled Reclamation site, Dix Pit. The permission also allowed for recycling of waste materials at the site. This was a temporary permission which expired on 31 December 2004. The time limit for restoration of the site was 31 December 2005. There is no further mineral extraction permitted to take place and landfilling of the majority of the site has now been completed. Grading of existing waste materials and the placing of the final soil restoration layers to the levels shown on the approved plan remain to be completed.
Details of the Development (see Plan 2) (download as .doc file)
8. The landfill site comprises two distinct landfill areas: the non-hazardous waste area, which is to the north of the central haul road and the inert waste area to the south (see Plan 2). The non-hazardous landfill area received commercial and industrial waste. It has now been filled and has been clay capped. A 700 mm layer of sub-soil is currently in the process of being placed over the clay clap. The existing topsoil stockpile on the eastern boundary of the landfill site, which amounts to about 15,000 cubic metres, will then be spread over the capped area to finally restore this land.
9. At the time of writing the inert landfill is the only area within the site now receiving material. It is proposed that before the end of June 2009 the material within the inert waste area would be shaped to grade into the non-hazardous waste area, with the aim of achieving the final levels as approved under permission no W98/0207. As of mid July 2009, the Environment Agency waste permit provisions do not allow the site to receive waste materials for final disposal.
10. The finally graded landform will still need a final restoration layer of topsoil. The only topsoil available on site is that which is to be re-spread over the non-hazardous landfill area. In recognition of the lack of the topsoil on site, soil recycling formed a part of the original permission (no W98/0207). This application is therefore being made to continue soil recycling to ensure that the landfilled areas can be satisfactorily restored.
11. The applicant anticipates that the topsoil requirement is in the order of 20,000 cubic metres, which will be sourced by manufacturing suitably graded material from incoming soils, by use of a mechanical screen. The recycling of waste material is proposed to continue to take place within the existing recycling area and it is anticipated that it will take until the end of September 2012. This additional time is needed to source sufficient suitable materials – to have adequate suitable dry conditions to enable the material to be recycled and to complete final restoration of the site.
12. The applicant says he would try to ensure that loads brought to the site are only those that are highly suitable for recycling into topsoil. It is inevitable, however, that there would be an element of concrete, stone, brick and rubble within the loads. This material would be screened out and taken for recycling elsewhere. The volumes of such material requiring removal from the site are likely to amount to no more than 5,000 cubic metres per year.
13. The landfill site would be brought to the required standard for agricultural use according to an aftercare scheme agreed by the Waste Planning Authority (as required under permission no W.98/0207).
Traffic and Access
14. The site has access arrangements via the main Dix Pit complex haul road. Historically the average HGV movements have been 70 per day for the existing Controlled Reclamation operations. The applicant anticipates that continuing recycling operations would perpetuate a maximum of 12 HGV movements per day. The completion of landfilling in the non-hazardous waste area will lead to a reduction in the movements from that part of the site. Therefore the 12 movements per day associated with soil recycling would not add to the total of 70 movements per day for the entire Controlled Reclamation site.
Landscape and Visual Impact
15. The soil recycling site forms part of the wider controlled recycling site which is subject to comprehensive landscape and planting proposals. The extension of time for this site would not effect the overall landscape scheme other than to put back in time planting (on this particular part of the site) for 2½ years.
Consultation Responses
16. The 21 day consultation period ended on 7 May 2009.
17. West Oxfordshire District Council
Planning – no objection subject to a condition requiring that heavy goods vehicles associated with the development shall be bound by the same routeing agreement applied to the Dix Pit development site as a whole.
Environmental Health Officer – no objection in principle. Any existing noise control condition for the soil recycling plant should be extended to cover the additional period of plant usage.
Stanton Harcourt Parish Council – no response received at the time of writing the report.
Highways Agency – no objection.
SEEDA – no objection.
SEERA – no objection.
Natural England · the proposed development will not have a significant adverse effect on the nearby Stanton Harcourt Geological SSSI. No objection to the proposed development; · if representations from other parties highlight the possible presence of protected species or the Council is aware of a protected or Biodiversity Action Plan (BAP) species on the site, the Waste Planning Authority should request survey information from the applicant before determining the application; · this application may provide opportunities to incorporate features into the design which are beneficial to wildlife. Consideration should be given to secure measures to enhance the biodiversity of the site; · having considered the proposal in terms of Government policy for the protection of the best and most versatile agricultural land, Natural England has no comments on it in this regard.
Environment Agency – no objection in principle. Suggest informative stating that the proposed development may require a waste permit exemption to be registered with the Environment Agency.
Thames Water – no objection.
Transport Development Control – a routeing agreement will not be required for this application. This advice is offered on the understanding that this planning application (continued use) is expected to generate only 10-12 HGV movements a day, which is not a significant enough number to justify imposing a routeing agreement.
County Ecologist - no objection in principle from both biodiversity and landscaping perspectives.
Rights of Way – no objection to the proposed development as no rights of way are affected.
County Archaeologist – no objection. The proposal would not affect any archaeological features or sites.
Third Party Representations
18. One local resident has raised the following concerns:
· the site has operated without planning permission since December 2005; · landfill mass built up much higher than set out in the original plan; · restoration works will further increase the height of the landfill site and hamper the adequate screening of the local residents; · breach of previous routeing agreements; · lorries use the B4449 without any restriction and with little regard to speed limits; · concerned by the run-off from the proposed site, which used to come off the site onto the B4449, but has more recently been channelled down the road; · suggest some planning conditions if any planning permission is resolved to be granted to cover: i) an agreed time frame for start and completion of the restoration project; ii) that it is clear to all that this is a restoration project, not a new commercial recycling scheme; iii) height of the landmass is reviewed and consideration given to reducing it; iv) a satisfactory routeing agreement is made; v) the EA monitors any pollution from the site; vi) that all terms of the planning permission are strictly monitored throughout the restoration process.
Relevant Planning Policies (Annex 1) (download as .doc file)
19. All relevant policies are listed at Annex 1. The key policy issues are (i) need for the development, (ii) whether or not the development is in an appropriate location; (iii) whether the transport impacts are acceptable and (iv) whether local environmental impacts can be controlled satisfactorily.
Need for the Development
20. South East Plan (SEP) 2009 policy W14 sets out that development plan documents will secure high quality restoration and where appropriate, after-care of waste management sites to help deliver the wider environmental and social objectives of this plan.
Location of the Development
21. SEP policy W17 states that in identifying locations for waste management facilities, priority should be given to safeguarding and expanding suitable sites with an existing waste management use and good transport connections. The suitability of existing sites and potential new sites should be assessed on the basis of – i) good accessibility from existing urban areas or major new or planned development ii) good transport connections iii) compatible land uses, such as – active mineral working sites and iv) be capable of meeting a range of locally based environmental and amenity criteria.
Oxfordshire Minerals and Waste Local Plan (OMWLP) policy W3 states that proposals for re-use/recycling will normally be permitted provided that:
· the site is close to the source of the waste and/or the market for the reused/recycled material; · the site is well related to appropriate parts of transport network, and located where the number and lengths of motorised journeys is likely to be minimised; · the proposal will not cause unacceptable nuisance in terms of noise, dust, fumes, smell, visual intrusion or traffic; · the proposal will not pose an unacceptable risk to the water environment; · the proposal does not conflict with Structure and Local plan policies.
OMWLP policy W4 states that, proposals for re-use/recycling and ancillary processes will not normally be permitted in the open countryside unless the development is to form part of a mineral extraction/landfill site and will be removed on completion of extraction/landfill or there is established overriding need and there is no other suitable site available.
Environmental and Amenity Effects
22. SEP policy C4 states that planning authorities and other agencies in their plans and programmes should recognise, and aim to protect and enhance, the diversity and local distinctiveness of the region’s landscape, informed by landscape character assessment. It further states that local authorities should develop criteria-based policies to ensure that all development respects and enhances local landscape character and securing appropriate mitigation where damage to local landscape character cannot be avoided.
OMWLP policy W3(c) requires that proposals for re-use/recycling will not cause unacceptable nuisance in terms of noise, dust, fumes, smell, visual intrusion or traffic.
Policy W5 of OMWLP states that in all cases waste treatment plant, buildings, machinery and stockpiles must be properly screened from the surrounding landscape. Such screening – by landscaping or other means should be in a place before any waste stockpiling or treatment begins.
Transport
23. SEP policy T1 states that relevant regional strategies, local development documents and local transport plans should ensure that their management policies and proposals: i) are consistent with, and supported by, appropriate mobility management measures; ii) encourage development that is located and designed to reduce average journey lengths; iii) include measures to minimise negative environmental impacts of transport and, where possible, to enhance the environment and communities through such interventions.
OMWLP policy W3 (b) requires that proposals for re-use/recycling will meet a number of criteria including that the site is well related to appropriate parts of transport network and located where the number and lengths of motorised journeys is likely to be minimised.
OMWLP policy SH3 sets out that the County Council will seek routeing agreements with operations in order to limit the use of the A415 through Standlake and southwards over Newbridge. The preferred routes will be the A415 north of Standlake to the Ducklington bypass, or the B4449 via the Blackditch, Sutton and Eynsham bypasses.
Comments of the Head of Sustainable Development
24. The main issues to address in deciding this application are whether there is a need for the development, whether the proposed location is acceptable, the transport impacts and whether potential local environmental impacts can be dealt with satisfactorily.
Need for the Development
25. SEP policy W14 encourages securing high quality restoration of mineral & waste sites. The continuation of soil recycling here would help to complete the final restoration of this site with the wider environmental benefit that would entail. Therefore the proposed development is in accordance with the policy W14 of the South East Plan
Location of the Development
26. The application site has an existing waste management use. This is the most sensible location to carry out the soil recycling operations required to restore the existing landfill site. On-site recycling accords with policy W17 of South East Plan.
27. The application site is land from which the mineral has been extracted and waste subsequently deposited. It is now being restored. The restoration is proposed to be completed by September 2012 and then the soil recycling operation would be removed. Therefore this development accords with policy W4 of OMWLP as the recycling operation will be removed on completion of the landfill.
28. The application site is close to Witney and Eynsham and together with Oxford these settlements would provide the main source of waste for soil recycling. The proposed development accords with policy MWLP W3 (a) which, subject to other criteria of the policy being met, this policy supports recycling operations. Environmental and Amenity Effects
29. The existing vegetation around the site and the planting scheme and landscaping proposed as part of this application would ensure that there is no harm to wider visual amenity. The County Ecologist has no objection to the proposed planting scheme. Agreement and implementation of the latter can be secured by conditions. The application therefore accords with policy W5 of OMWLP and the South East Plan policy C4.
30. The distance between the nearest property and the soil recycling site is about 380 metres and the imposition of appropriate conditions should prevent any significant level of nuisance (noise, dust, fumes, lighting) occurring from the proposed development. The District Council Environmental Health Officer has raised no objection to this application subject to continued application of any existing noise control condition for the soil recycling plant to be extended to cover the additional period of plant usage. These existing conditions relate to the requirement to agree details for vehicle reversing warning systems (ie to prevent the use of reversing bleepers) and to agree working hours on the site. Therefore, the proposed development is consistent with the OMWLP policy W3(c) and PE3.
Traffic
31. A local resident has raised concern about heavy lorry traffic on the B4449 and about these vehicles speeding. Along with the District Council they have also suggested a routeing agreement to avoid vehicles travelling through Sutton. However, lorry movements proposed to this site (up to 12 per day) are not considered significant enough by Transport Development Control officers, to warrant a routeing agreement. A condition could be attached to any permission given to restrict movements to a maximum of 12. This would ensure that the proposal is consistent with OMWLP policy SH2.
32. It is my view therefore that this development would not lead to any further vehicle movements than currently occur on the wider Dix Pit site. (Indeed, landfilling of the non-hazardous waste site has now finished). I do not consider that allowing soil recycling to continue for a further period until 2012 with the traffic generation proposed would have an adverse impact on the highway network and the proposal is consistent with the South East Plan policy T1 and OMWLP Policy W3.
33. Although there have been breaches to routeing agreements in this area in the past, the lower levels of HGV movements associated with this development should not cause additional nuisance and therefore lorry routeing is not considered appropriate in this instance.
Other Issues
34. A local resident has objected to this application and expressed concern that the site has been over tipped. This has been checked and over tipping has not taken place. Screening of the site can be provided through planning conditions to protect the visual amenity of the local residents.
35. The same resident also has a concern about run-off from the landfill site having potential to cause pollution and flooding on the B4449. The landfill site alongside the B4449 does not form part of this planning application. However, the issues raised by the resident on contamination and flooding of the public highway have been reported to the Highway Authority and the Environment Agency. The Environment Agency have no objections to the development the subject of this application.
Conclusions
36. There is a need for this development as the continued soil recycling would enable the completion of the final restoration of the former landfill site.
37. This development is acceptable in terms of amenity issues such as noise, dust, fumes, smell and visual intrusion. The site is not located in close proximity to any residential properties and any potential nuisances can be adequately controlled through planning conditions. Therefore, the proposed development is consistent with the OMWLP policy W3(c).
38. Transport impacts are neglibible and can be controlled through planning conditions. Therefore, the proposed development accords with South East Plan policy T1 and policy W3 and SH3 of OMWLP.
RECOMMENDATIONS
39. It is RECOMMENDED that planning permission be granted for the development outlined in Application 09/0440/P/CD3 subject to conditions to be determined by the Head of the Sustainable Development to cover matters including those set out below.
Conditions to include:
1. complete compliance 2. commencement date 3. completion date 4. operating hours 5. recycled soil used for restoration purposes only 6. final levels of restored landfill to be as approved 7. existing vegetation to be retained 8. detailed landscaping scheme 9. effective silencers to be used 10. noise mitigation measures to be submitted and agreed 11. maximum 12 HGV movements per day 12. lighting scheme to be submitted and agreed 13. internal haul road to be kept free from mud and debris 14. maintenance of buffer zone between development and residential property 15. no gas flares 16. submission, approval and subsequent implementation of after care scheme 17. existing wheel wash to be retained.
Environment Agency Informative: relating to the application of the Waste Management & Licensing Regulation 1994 to this site.
CHRIS COUSINS Head of Sustainable Development Environment & Economy
Background Papers: File no 8.5/4005/9 “Continued soil recycling to enable final restoration of landfill site, Dix Pit, Stanton Harcourt” can be viewed in the Development Control Team, Oxfordshire County Council, Speedwell House, Speedwell Street, Oxford, OX1 1NE.
June 2009
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