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ITEM PN8
PLANNING
& REGULATION COMMITTEE – 17 OCTOBER 2005
PROGRESS
REPORT ON MATTERS AT FOXLEY FIELDS FARM QUARRY AND LANDFILL SITE, FINMERE
Report by
Head of Sustainable Development
Introduction
- At the 5 September
2005 meeting this Committee resolved to ask for another progress report
on planning matters relating to this site. The full resolution (Minute
45/05) is as follows:
- note the report;
- instruct officers
to write a strongly worded letter to Premier Aggregates expressing
the Planning & Regulation Committee’s concern at the lack of progress
on agreed remedial measures together with a Planning Contravention
Notice as a precursor to enforcement action if progress was not rapidly
made;
- ask officers
to submit a progress report to the 17 October meeting setting out
the options available to enforce the planning consent issued on 12
July 2005 and the conditions attached to it in the event of unsatisfactory
progress on the agreed remedial measures.
- The resolution
refers, amongst other things, specifically to the need for recommendations
on the options available to enforce the planning consent issued on 12
July (00/01480/CM) and also the conditions attached in the event of
unsatisfactory progress on the agreed remedial measures and requires
a strongly worded letter to be sent to Premier Aggregates and a Planning
Contravention Notice (PCN). These were sent in September.
Background
- Premier Aggregates
are continuing the import and disposal of waste at the site. At the
time of writing this report tipping is taking place on the flanks of
cell 6 below the approved levels (see plan) (download
as .doc file). Premier have nearly completed the preparation
of cell 8 and estimate that filling with imported waste could begin
by the date of this Committee. The preparation of cell 9, immediately
adjacent to cell 8, is proceeding with an estimate of the end of October
before it can be used to receive the top 5 metres of the over-tipped
waste from cells 1 to 6.
- It was reported
at the last Committee that red silt had been deposited on the top of
the site in clear view of the village. This silt appears to be above
the approved levels. Premier Aggregates say it is to be used for day-to-day
cover of the waste once over-tipped material begins to be re-deposited
in cell 9.
Progress
on activities contrary to the July 2005 planning permission
- Our monitoring
officer visited the site on 7 September and noted breaches of condition
and the agreement and brought these to the attention of Premier Aggregates.
- Apart from the
acknowledged over-tipping of the site the following breaches and actions
made, or intended to be made, are listed below (the following conditions
are set out in full in annex 1 (download
as .doc file)):-
- Condition 16
(Noise from reversing bleepers)
Premier
Aggregates confirm that from mid September all mobile plant operating
on the site were fitted with white noise bleepers so that the condition
can be complied with.
- Condition 18
(Measuring wind speed – to ensure no dust nuisance from the stripping
of soils in high winds)
Premier
Aggregates say that an order for a data logger, to record the results
of the anemometer, has been made and is expected to arrive in the
first week in October.
- Condition 20
(Scheme for tree protection)
A
scheme for tree protection has not been submitted in the month allowed
following the issue of the planning permission. Premier Aggregates
promise one will be submitted prior to this Committee.
- The agreement
requires the recording of the source of waste (to enable catchment area
requirements to be met). Premier say a new weighbridge system is on
order but, in any event, a plan showing the local area with post codes
marked on will be put up in the office. Data for all loads will be recorded
with their postcode. They will also record whether the postcode areas
are within or without the catchment area.
- A check will be
made of the site shortly before Committee in order to verify these improvements
and the results reported to the meeting.
Options
for Enforcement Action
- If checks confirm
that satisfactory actions have been taken in relation to conditions
16, 18 and 20 then no enforcement action is required. If these actions
have not been undertaken then the service of Breach of Condition Notices
(BCNs) would be the most sensible action. BCNs would require compliance
within three weeks of service.
- If no action has
been taken on recording where waste is coming from in order to comply
with the legal agreement then the remedy is to seek a prosecution.
- The only acknowledged
breach where action by Premier Aggregates to remedy it cannot reasonably
be taken before this Committee is the over-tipping above approved levels
permitted in July 2005. A stop notice could be served to prevent any
more deposit above this level, and only waste deposited above this level,
but on the basis that cells 8 and 9 will be ready to accommodate imported
and over-tipped waste at some time in October this year it is unlikely
that waste, other than material needed for day-to-day cover to comply
with licensing regulations will be deposited.
- Enforcement Action
could be taken to require all the over-tipped waste to be removed above
the approved levels: it would not stop waste being deposited in accordance
with the July 2005 permission. In my view, it would be expedient to
serve an Enforcement Notice because of the continued adverse visual
impact of the over-tipped site on Finmere and because the over-tipped
mound is an alien and unacceptable feature in the landscape. The Notice
would have to specify what actions were required to take place giving
a time within which they should be completed. The action could also
include a requirement for restoration in accordance with the July 2005
permission.
- Premier Aggregates
say that they intend to apply for planning permission to retain most
of the over-tipped material in place. They also have the right to appeal
the enforcement notice. Any such application would have to be determined
on its merits against Development Plan policies taking into account
any material considerations. If the application was refused the applicant
would have the right of appeal. Despite the possibility of an application,
serving an enforcement notice now, in my view, offers the best means
by which to ensure that tipping of waste is brought back to reasonable
levels. Nevertheless, Members should be aware that serving an enforcement
notice does not guarantee a swift or satisfactory conclusion because
of the appeal process.
Conclusion
- It may be necessary
to enforce planning conditions 16, 18 and 20 in the event that compliance
with them has not been achieved by the date of this meeting. Prosecution
may be necessary to seek compliance with the agreement so that the origins
of waste imports are known.
- In addition, it
may be expedient to serve an enforcement notice requiring the removal
of all the over-tipped waste and restoration of that part of the site
to run concurrently with the processing of any planning application
made to keep the waste in situ.
RECOMMENDATION
- It is RECOMMENDED
that:
(a) unless
conditions 16, 18 and 20 of planning permission 00/01840/CM are
complied with by the date of this Committee then Breach of Condition
Notices be issued to seek compliance;
(b) unless arrangements are in place for recording the geographical
location of any imported load of waste then arrangements for prosecuting
Premier Aggregates be made; and
(c) enforcement action be taken to secure the removal of all the
waste tipped above the restoration levels approved under permission
00/01480/CM and the restoration of site in accordance with conditions
of that permission.
CHRIS
COUSINS
Head of Sustainable
Development
Contact
Officer: John Duncalfe Tel: Oxford 815356
Background papers:
File 8.1/6232/1 ‘Foxley Fields Farm, Revised Restoration and Inert
Materials Recycling Facility’ held in the Planning Implementation Group,
Environment & Economy, Speedwell House, Speedwell Street, Oxford OX1
1NE
October
2005
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