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ITEM PN8

PLANNING & REGULATION COMMITTEE –
24 FEBRUARY 2003

INSTALLATION OF INERT WASTE RECYCLING FACILITY FOR SECONDARY AGGREGATES AT THE FORMER CEMENT WORKS AND QUARRY, SHIPTON-ON-CHERWELL, NEAR KIDLINGTON, OXFORDSHIRE - (APPLICATION NO. 02/02330/CM)

Report by the Director of Environmental Services

1. This application is for the establishment of an inert waste recycling operation on the site of the former cement works at Shipton-on-Cherwell Quarry. An earlier application for a similar facility, in the quarry itself, was refused permission in January last year. That application is currently the subject of an appeal and an Inquiry into that refusal is to be heard on the 18 of this month.
2. As further background planning permission was originally granted to construct earth berms (banks) in the south west corner of Shipton-on-Cherwell Quarry in October 1995 in order to stabilise the quarry face in that location. This area is referred to as Phase 1 on the attached plan. Two further permissions were given in phase 1 to extend the time to allow completion of these works up to 1998. Permission was refused for a further extension of time in February 1999 on the grounds that sufficient material had already been brought on site to complete the works.
3. A further permission for stabilisation works to the remainder of the south west face of the quarry (Phase II on the plan) was granted in June 1999, the permission to expire at the end of March 2003. There is currently an application which is the subject of a separate report to this committee for stabilisation works to the north west quarry face (Phase III – see plan).

The Site

4. The site comprises a compound measuring about 190 m x 80 m located towards the south western end of the former Cement Works complex. The Cement Works are derelict and partially demolished. The proposal includes a waste storage area, a material handling area, a crushing/screening area and a vehicle manoeuvring area. The site would be bounded by a low earth bund topped with a fence.
5. Access would be via a two-way access route across the quarry floor towards the northern end of the quarry.
6. The quarry which is located immediately to the north of the village of Shipton-on-Cherwell is in the Oxford Green Belt and part of the quarry incorporates a geological SSSI.

The Proposal

7. This proposal seeks permission to receive inert waste, remove any hard material, crush and screen that hard material as necessary and to export the secondary aggregates, screened topsoil and the like to the open market. The applicant states that of 72,000 tonnes per annum which would be processed through the site 75% on average would be reclaimed and exported, the remaining 25% being used in the stabilisation berm (Phase III) proposed against the north western face of the quarry.
8. Crushing and screening equipment would be of recent design and should incorporate appropriate noise and dust suppression systems. Crushing would only be carried out as and when the need arises which is anticipated to be up to two weeks in two months. When not required the mobile crusher and associated screening plant would be removed from site.
9. It is estimated that the facility would attract an average of about 16 extra lorry loads per day. These lorry movements would be over and above the lorry movements bringing waste material to the stabilisation berms. To ensure that the wheels of lorries leaving the site are clean, a purpose made wheel wash would be installed.

Policy Considerations

10. Relevant Structure and Local Plan policies are set out at Annex 1 to this report.

Consultations and Representations

11. Consultations replies are set out at Annex 2. To date there have been five third party representations. The District Council and Parish Council have objected on green belt and other grounds. There have also been objections from the Oxford Green Belt Network and local residents.

Comments of the Director of Environmental Services

12. As with all planning applications, this proposal should be determined in accordance with the provisions of the Development Plan unless other material considerations indicate otherwise. The site is within the Oxford Green Belt and the main considerations in this case, therefore, are whether there are any exceptional circumstances which warrant a departure from green belt policies which would normally preclude this type of development, and if any such circumstances do exist, whether the proposal will have any adverse environmental effects on the area, particularly in terms of noise, dust, traffic generation and impact on the SSSI which includes the majority of exposed faces in the quarry.
13. Government guidelines (Waste Strategy 2000) indicate that there is a presumption in favour of recycling facilities rather than landfill. Structure Plan policies also encourage the provision of facilities for the re-use and recycling of waste in order to reduce the amount of waste that goes to landfill. Policy W3 of the Minerals & Waste Local Plan says that such recycling facilities should not cause environmental problems, should be sited close to the source of waste or market for the recycled material and should not conflict with Structure and Local Plan Policies.
14. In terms of the environmental impact of the proposal, the facility is to be sited towards the southern end of an existing complex of former quarry buildings. The nearest residential properties are over 320 metres away. The District Council Environmental Health Officer confirms that the distances involved between the nearest properties and the site and the barrier effect of intervening buildings and ‘soft ground’ alteration should mean that local residents should not be subjected to unreasonable levels of noise as a result of this operation. Planning conditions could control the level of noise if thought necessary. In addition, the presence of the existing buildings and the creation of a bund around the site should reduce any visual impact the development might have. Therefore, I conclude that the proposal satisfies policy W3 (c) of the Minerals and Waste Local Plan with respect to environmental nuisance.
15. There are no highway objections to the proposal. The existing junction onto the A4095 has been improved as part of the stabilisation works permission. Under this a new access is proposed to be created into the quarry which will take traffic movements further away from the village of Shipton-on-Cherwell. Although close to Bunkers Hill the new access road will be on the quarry floor and the barrier effect of the quarry walls should protect residents from any undue noise disturbance. I conclude that the proposal satisfies policy W3 (b) and (c) of the Minerals and Waste Local Plan with respect to access and traffic.
16. English Nature have not commented on the current proposal. They did suggest conditions to be attached to the earlier recycling application to make the proposal acceptable from their point of view. Such conditions could be attached again if permission is to be given to the current proposal. The proposal, therefore, does not conflict with policy EN5 (b) of the Oxfordshire Structure Plan 2011.
17. Notwithstanding that the proposal satisfies the above policies I consider that there are policies with which it does not accord. The current permission at the site is for the import of inert waste material to this site, not for landfill purposes but solely for stabilisation works to ensure the quarry face does not collapse. The stabilisation works were considered to be exceptional circumstances when approved in June 1999 and warranted a relaxation of green belt policies which would normally rule against such a development. Indeed, Phase I of the stablisation works (see plan) was eventually refused permission for an extension of time in February 1999 because sufficient material had been imported to do these works and there was no justification for further importation in the Green Belt for what would in effect have been purely a landfill operation for which there was no need.
18. In this instance, the site is within the Green Belt where there is a presumption against inappropriate development. Whilst mineral extraction need not be inappropriate development, the same does not apply to waste processing. It is contrary to policy G4 of the Oxfordshire Structure Plan 2011. In my view the only way that this recycling proposal could be viewed as exceptional development in the Green Belt would be if it was to be linked to an existing landfill or mineral extraction operation so that it was in accordance with policy W4 (b) of the Minerals and Waste Local Plan. However, the quarry is no longer a mineral extraction site, nor is it a landfill site. The applicant has also indicated that special circumstances exist on the basis that the revenue that will be raised by the recycling operation will go some way towards paying for the cost of the stabilisation works which have been undertaken (and for which there is an outstanding application) in the quarry. It is my view that such circumstances do not warrant a departure from the normal green belt policies.
19. In addition, there are existing sites close by, for instance Worton Rectory Farm, Cassington (about 6 miles to the south) and Slape Hill (4 miles to the west) which already take in and recycle inert waste. The proposal does not therefore accord with policy W4 (a) of the Minerals and Waste Local Plan. Also the existing stabilisation permission runs out at the end of March 2003. Although an application for new stabilisation operation is awaiting determination, it is my view that all material coming into the quarry should go to the stabilisation works. The applicants have constantly expressed the urgency of ensuring the stabilisation works are completed quickly because of the possible danger of collapse of the quarry walls. Even so, extensions had to be given to phase 1 even without recycling on the site. The diverting of any material away from these works would further prolong the stabilisation and restoration of the quarry which I (and the applicants) wish to see completed at the earliest opportunity.
20. In conclusion, although I have considered the application in relation to Policies W3, W4 and W5 (in relation to waste recycling) of the Minerals and Waste Local Plan and found some merit in the proposal with regard to these policies, my view is that nothing has changed since the earlier refusal of permission for a waste recycling facility in the quarry and that no very special circumstances have been put forward to override Green Belt policies G4 of the Oxfordshire Structure Plan and GB1 of the Cherwell Local Plan which presume against inappropriate development of this nature and, therefore, it also does not accord with policy W3 (e) of the Minerals and Waste Local Plan.

Environmental Implications

21. The environmental implications are as set out in this report.

Financial and Staff Implications

22. There are none other than those that would arise if the applicant appealed to the Secretary of State against any refusal of planning permission.
    
    PLAN (download as .doc file)
    
    

RECOMMENDATION

23. It is RECOMMENDED that planning permission be refused for the installation of an inert waste recycling facility at Shipton-on-Cherwell Quarry (Application No. 02/02330/CM) for the following reasons:

1. there are no very special circumstances to warrant a departure from normal Green Belt policy and as such the proposal is contrary to Policies G4 of the Oxfordshire Structure Plan 2011 and Policy GB1 of the Cherwell Local Plan and Policy W3 of the Oxfordshire Minerals and Waste Local Plan; and
2. the proposal is contrary to Policy W4 of the Minerals and Waste Local Plan as (1) no overriding need has been identified for the proposal and (2) the site is not one where permission would normally be permitted as it is part of a site where a land stabilisation operation takes place and not part of a mineral extraction or landfill site.

DAVID YOUNG
Director of Environmental Services

Background papers: File No: 8.1/4817/3 Inert waste recycling facility at Shipton-on-Cherwell Quarry, Nr Kidlington held in Land Use Planning Section of Environmental Services

Contact Officer: John Hamilton, Tel: Oxorrd 815584

3 February 2003

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