Agenda item

Report by the Acting Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN6).

This is an application to amend the conditions on the consent for Dix Pit landfill site, to allow the restoration plan to be amended to reduce the area that would be backfilled and to manage those areas where backfilling would no longer take place for nature conservation. As a result the end date for landfilling could be brought forward from 2028 to 2021. Changes are also proposed to the rights of way and public access across the restored site. This application is being brought to committee because the applicant has not agreed to the routeing arrangements requested by the local member. They have proposed that the current routeing arrangements would continue. The report assesses the proposals against relevant planning policy.

It is RECOMMENDED that subject to:

i)             A legal agreement to bring forward relevant provisions from the existing agreement, including the dedication of public rights of way and securing of 20 years long term management for the area now proposed to be restored to nature conservation.

ii)           A supplemental routing agreement linking the proposed development to the existing 1998 routing agreement.

that Application MW.0088/16 be approved subject to conditions as on existing consent09/1182/P/CM, with the amendments to conditions and additional conditions and informatives to be determined by the Acting Director for Environment and Economy, in accordance with the details set out in Annex 2 and with any necessary updates to the wording of existing conditions to ensure clarity and reflect changes to policy since the original permission was issued.

The Committee considered (PN6) an application amending conditions attached to a consent for Dix Pit landfill site to allow the restoration plan to be amended in order to reduce the area to be backfilled and to manage for nature conservation those areas where backfilling would no longer take place. The end date for landfilling would be brought forward from 2028 to 2021 with changes also proposed to the rights of way and public access across the restored site.

The application had been brought to committee at the request of the local member because of concerns regarding routeing arrangements.  

Having presented the report Ms Crossley responded to questions from:

Councillor Bartholomew – overall the application had been considered non-controversial having been brought to Committee because of an objection by the local member.

Councillor Mills – some additional features had been proposed as part of the restoration scheme although the applicants had been reluctant to provide other items due to the potential for vandalism and damage. However, they were happy to discuss such matters with any groups who wished to take that forward.

Nick Baston for the applicants explained that the application had been made largely in response to a dramatic reduction in the availability of infill material.  The scheme complied with Policy SH2 as there would be no intensification or increase in vehicle numbers through Sutton village.  Furthermore the period for infilling would be substantially reduced by 7 years which meant that traffic to the site would cease that much earlier. FCC had applied for a new environmental permit and agreed proposals for provision of connecting permissive paths when restoration had been completed.

He then responded to questions from:

Councillor Bartholomew - the Company had reacted to a dramatic reduction in the availability of non-hazardous waste and, rather than leave the situation as it was, had taken a pragmatic decision having looked at the options open to it.

Councillor Owen – the Company had agreed to reinforce the existing routeing agreement. Reductions to the period of time for restoration also meant a reduction in the time that vehicles would be required to travel to and from the site. Current levels would remain as consented.

Councillor Mrs Fulljames – the Company through its existing contracts were able to influence the behaviour of drivers i.e. compliance with speed limits. Lines of communication were good and existing procedures robust which meant that any serial breaches were dealt with.

Councillor Mathew speaking as local member and Chairman of Stanton Harcourt Parish Council highlighted the comments set out in paragraph 36. In in his view work had intensified and traffic had increased which meant the proposal did not comply with Policies SH2 and SH3. He referred to discussions which he had had with a previous employee regarding routeing agreements but 3 years later the Company had refused to honour that agreement with large vehicles continuing to blight the lives of residents in Sutton village. The argument in paragraph 93 regarding restrictions on vehicle movements was fallacious and the agreement which had sought to prevent any increase in traffic through Sutton should be honoured. He acknowledged the reduction in the time frame for the life of the site but 27 vehicles a day remained too high and he asked the Committee to enforce the routeing agreement which he had referred to.

Councillor Mathew then responded to questions from:

Councillor Owen – he confirmed that the employee with which he had discussed the terms of a routeing agreement had since left the Company.

Councillor Greene – he did not have specific information regarding accidents involving lorries but had witnessed many incidents with reports of other regular instances where evasive action had been required.

Councillor Bartholomew – he was unable to provide any evidence regarding the routeing agreement.

In the light of that Councillor Bartholomew accepted that as the application was non-controversial and indeed offered some benefit he moved that the recommendation as set out in the officer report be approved. Councillor Greene seconded.

With his seconder’s agreement he accepted an amendment from the Chairman to include an additional condition to secure provision of additional benches and bird hides.

The motion as amended was then put to the Committee and –

RESOLVED: (unanimously) that subject to:

i)             a legal agreement to bring forward relevant provisions from the existing agreement, including the dedication of public rights of way and securing of 20 years long term management for the area now proposed to be restored to nature conservation.

ii)            a supplemental routeing agreement linking the proposed development to the existing 1998 routeing agreement.

that Application MW.0088/16 be approved subject to:

(a)          conditions as on existing consent 09/1182/P/CM, with amendments to conditions and additional conditions and informatives to be determined by the Acting Director for Environment and Economy, in accordance with the details set out in Annex 2 to the report PN6and with any necessary updates to the wording of existing conditions to ensure clarity and reflect changes to policy since the original permission had been issued;

(b)          an additional condition to secure provision of additional benches and bird hides.