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ITEM PN6

PLANNING AND REGULATION COMMITTEE -
13 JANUARY 2003

Two applications for proposals at Grundon’s Depot, Goulds Grove, Ewelme.

1. Two related applications have been received which seek to extend the life of Grundons Ewelme No. 1 site for an additional 5 years.

Site Description

2. Ewelme No. 1, which is located south of Ewelme and south east of Benson Airfield (grid reference SU 646 901), was originally a gravel pit. It has been infilled with waste and substantially restored with the exception of the depot area which contains the Waste Transfer Station (WTS), wheelie bin container park and covered accommodation.
3. The applications cover different, but overlapping, areas (see site plans attached). With application A (retention of the WTS etc) the site relates only to the northern half of the depot area. With application B (delay in submission of restoration plan) the site area covers most of the Ewelme No. 1 site; however, the restoration plan (which condition 19 relates to) refers only to the depot area.
4. To the north eastern side of the depot area is the wheelie bin container park. At the southern end is the WTS and covered accommodation (the covered accommodation is simply a building on the eastern end of the WTS where the chemists analyse the wastes for sorting). The waste transfer station deals with a wide variety of special wastes; however, it specialises in dealing with mixed loads of special wastes which it tests, sorts, classifies and then stores to be taken off site. From there it is either recycled, landfilled or incinerated, depending on the type of waste. The wastes come from a wide range of industries eg. pharmaceutical/biotechnology research companies, MoD, food industry and photography industry. Wastes that are sorted include liquid chemicals, batteries and gas cylinders, and metals e.g. paint tins.
5. There are also a number of offices to the west of the depot, both in temporary and permanent buildings. The offices serve the three main Grundon companies: S Grundon (Ewelme) Ltd, Grundon Waste Management Ltd, and S Grundon (Leisure) Ltd. There is also living accommodation for the security guard at the south western end of the depot.
6. Both sites are within the Chiltern Hills Area of Outstanding Natural Beauty (AONB). A Public Footpath, No. 17, passes around the eastern side of site 1 but through site 2.
7. Site 2 is within a bowl created by landfill so that it is reasonably well hidden, however it is visible along Icknield Way and also from the public footpath (No. 17).
8. The Ewelme No. 2 site is on the opposite side of the road. The site is used for recycling and tipping, and is progressively being restored. Permission for this site lasts through to 2017.
9. Otherwise the site is surrounded by agricultural land. Apart from the living accommodation at the depot the closest house is at Goulds Grove some 340m to the south of the depot. This house is screened from the depot area by the restored domed area created by landfilling.

Proposed Development

10. Application A is for non-compliance with Condition 1 of planning permission No. P95/W0318/CM. Condition 1 is set out in Annex 1. An attached plan shows the site of application A. This permission, which was granted in 1996, was for the retention of the Waste Transfer Station (WTS), Wheelie Bin Container Park and covered accommodation at Ewelme No. 1, operated by Grundons. Condition 1 limits the use of the site until 31 December 2002. This current application seeks to continue the use of the site for an additional 5 years.
11. Application B is for non-compliance with Condition 19 of planning permission No. P98/W0683/CM. Condition 19 is also set out in Annex 1. An attached plan shows the site of application B. This permission, which was granted in 2000, involved alterations to the approved restoration scheme for the landfill at Ewelme No. 1. Condition 19 required a restoration plan for the depot area to be submitted by 31 December 2001. The County Council extended the period for submission of details until 4 October 2002. The current application seeks to delay the submission of the restoration plan for an additional five years. Therefore, the two applications are related and should permission be granted for retention of the WTS and wheelie bin container park, then the restoration plan could not be implemented until 2007.
12. In total approx 200 people work at Ewelme No. 1. This includes 42 Head Office and technical staff, 12 at the WTS and 16 others all at the Depot. 128 drivers and their mates work from the depot.
13. There is a routeing agreement for all lorries leaving the site ensuring that they head west toward the A4074.
14. The applicants state that they are requesting the five year extension in relation to both conditions in order to give them time to make a full application for the redevelopment of the site and to allow them time to implement these changes.

Site History

15. The history of this site is complicated, and the lawfulness of certain aspects of the operation is currently being determined by South Oxfordshire District Council. However, in summary, permission was first granted for mineral extraction from the site in 1949. Permissions have subsequently been granted for further extraction and infilling. The site has now been infilled and restored except in the depot areas (where the WTS, Wheelie Bin Container Park and office buildings are located).
16. An application for a Certificate of Lawfulness of Existing Use or Development (CLEUD) was submitted to the District Council in 2001, for the use of the site as a ‘parking area for lorries and cars and access, circulation and turning areas for vehicles as part of an overall sui generis use of the site the operational centre for a waste management contractors business’. This application is yet to be determined.
17. There are also three applications with the District Council to allow certain temporary buildings on the site to be retained for an additional five years. No decisions have been made on these applications. However, the County Council has been consulted on these applications and recommended that they be refused. The County Council said that now that the site is being restored it would be inappropriate to continue to allow such development in the open countryside, especially when the area is designated as an AONB (see policy EN4 and G5 OSP). Although the application is for a limited period (5 years) the County’s view is that it should be made clear from the outset that continued development on the site is inappropriate.
18. The status of the buildings on the site is also complicated. Some of these have full planning permission, others have time limited permission, while there are some without permission. The applicant is applying for CLEUDs for those buildings which he considers are outside planning control.

Consultations and Representations

19. See Annex 2.
20. No objections have been received in relation to either of the applications on this site. However, no consultation reply has been received from South Oxfordshire District Council. Their formal views will not be available at this Committee but it is hoped that an officer view will be. I will give any views received orally.

Comments of the Director of Environmental Services

21. Section 54a of the Town and Country Planning Act 1990 states that decisions should be made in accordance with the Development Plan unless material considerations indicate otherwise. The relevant plan policies are set out in Annex 3.
22. Council policy (W4 of the MWLP) is that it will not normally allow the kind of development set out in application A within the open countryside unless: There is an established overriding need and there are no other suitable sites available; and/or the development forms part of a mineral extraction/landfill site and will be removed on completion of the extraction/landfill.
23. Within Oxfordshire 8,000 tonnes of special waste go through non-civic amenity WTS. 6,000 tonnes of this go through Ewelme, while the other 2,000 tonnes go to the Grundons WTS at Banbury. Within south east England 47,000 tonnes of special wastes go through non-civic amenity WTSs. The 6,000 tonnes that Ewelme deals with is a significant proportion of this. There are two other substantial WTSs, one in Surrey and the other in Hampshire. However, the Hampshire and Surrey WTSs tend to specialise in dealing with liquid wastes, eg, water/oil mixtures whereas a significant proportion of the wastes going through Ewelme are chemicals, metals, gas cylinders and batteries. There are few other operators who currently look after this side of the waste market.
24. The Environment Agency have confirmed that ‘it appears … that there are no sites of a similar size and type to Ewelme transfer station within the Counties of Southern England’ (excluding Devon and Cornwall).
25. For the purposes of this application I think sufficient information has been submitted, both by the applicant and the Environment Agency, to show that there is a definite need for the facility, in the short term at least. From the information provided it appears that other suitable sites are dealing in different types of waste and therefore could not meet the demand if this site was not granted permission. Therefore the proposal complies with policy W4, despite the site no longer being used as a landfill site (W4(b)).
26. Policy PB1 (MWLP) states that a condition of development associated with waste disposal is that building and equipment should be removed when no longer required in association with waste disposal. As waste disposal on this site is complete (except in the area where the WTS, wheelie bins and offices are situated) there is no justification to allow the continued use of the site, in relation to this policy.
27. Policies G5 and EN4 (both in the OSP) also discuss the appropriateness of development within the open countryside and the AONB. G5 says that sporadic development within the open countryside will not be permitted. EN4 highlights the importance of conserving the natural beauty of the AONB so as to reflect their national importance.
28. The continued use of the site runs contrary to both these policies, although the site is reasonably well hidden, limiting its impact on the surrounding countryside.
29. Policy T12 shows the major routes that lorry traffic should use, notably the M40, which is approximately 9km from the site, and as a secondary route, the A4074, which is approx 4km from the site. Whilst there is a routeing agreement for each of the current permissions one would not be needed for any permission as a condition for signage for vehicles will be sufficient.

Summary

30. In relation to application (A) (retention of the waste transfer station, wheelie bin container park and covered accommodation for an additional 5 years) the continued use of the site is contrary to Council policies (EN4, G5 and PB1 of the OSP) due to the impact the development has on the Area of Outstanding Natural Beauty and the open countryside. However, it appears from the information submitted, both from the applicant and the Environment Agency, that there is a real need for the Special Waste Transfer Station, at least in the short term, and in this regard the proposal complies with policy WD4 (MWLP).
31. As the development is already in place I feel it is acceptable in the short term to grant planning permission, even though it is contrary to policy. However, granting permission for a period of 5 years is excessive, and inappropriate considering that the County Council may not grant permission for the proposed redevelopment of the site. I therefore feel that planning permission should be granted for a limited period of 2 years. This gives the applicant time to submit a full application for redevelopment of the site, and time for the County Council to consider it. However, such an application appears contrary to the development plan. Grundons should be investigating other, alternative sites outside the AONB and justification under policy W4(a) is unlikely to be accepted in the longer term. Indeed, the Environmental Statement that must be submitted with any application must discuss alternative sites.
32. In relation to application (B) (to delay the implementation of the site restoration plan for an additional 5 years) restoration can only take place once the WTS and wheelie bin container park are removed. It is therefore appropriate that this application is also approved for a limited period of 2 years.

Environmental Implications

33. These are outlined in the report.

Financial and Staff Implications

34. There are no financial or staff implications other than those that would arise if the applicant appealed to the Secretary of State against any conditions or the refusal of planning permission.

RECOMMENDATION

35. It is RECOMMENDED that subject to the proposal being notified to the First Secretary of State as a departure from the Development Plan and to him confirming that he does not intend to call in the application for his own determination, planning permission be granted for Applications No. P02/W0899/CM and P02/W0902/CM subject to:

1. conditions to be determined by the Director of Environmental Services to include:

1. an amended condition 1 (of planning permission P95/W0318/CM) to allow the retention of the waste transfer station, wheelie bin container park and covered accommodation for an additional two years(through to Jan 2005);
2. an amended condition 19 (of planning permission P98/W0683/CM) to delay the submission of the restoration plan for two years (through to Jan 2005);
3. signage for lorries directing them towards the A4074;

2. the following informatives:

1. the applicant be strongly advised that other sites, outside the AONB, should be seriously considered in preference to the current site for any future waste development;
2. the applicant should contact the Environment Agency in relation to any changes made to the infrastructure of the waste transfer station;
3. restoration materials used should be restricted to wholly inert, uncontaminated soils and spoils.

DAVID YOUNG
Director of Environmental Services

Background Papers: File reference 8.3/6490/1 Part 16. Representations made on this application are on this file.

Contact Officer: Kate Dahm, Tel: 01865 815272.

January 2003.

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