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The Committee considered report DR/11/17 by the Acting Head of County Planning.
The Members of the Committee noted the contents of the Addendum. They also noted an error on page 23 of the agenda, penultimate sentence of the third paragraph, which should read "Infilling had been previously proposed at some 120,000 tonnes ..."
Policies relevant to the application were detailed in the report.
Details of consultation and representations received were set out in the report.
The Committee noted the key issues:
- Principle of Development
- Visual Impact
- Ecology
- Noise and Odour
- Traffic
- Landowner comments
- Proposed Material Recycling Facility and Tax Exempt Soil Blending Locations.
In response to points raised, it was noted:
- The maximum height would be 40 metres in the middle of the site - the previously approved post-settlement level
- The material used for infilling is restricted to commercial and industrial, non-hazardous, solid, dry waste, which has already been through a material recovery facility. This is controlled by the Environment Agency
- The older cells show greater compaction, both because of the wider range of materials used previously and the compaction created by the clay stockpile in the northern cells
- There are two site offices: one to the north, and a second more central, next to the gas flame. The latter serves as a regional office, so the extended opening hours. It is well screened and the likely impact would be de minimis.
There being no further issues raised by Members, the resolution was proposed and seconded. Following a unanimous vote in favour, it was
Resolved
That for ESS/30/16/TEN planning permission be granted subject to the following conditions:
Duration
1. All operations authorised or required by this permission shall cease, and all plant, machinery equipment, structures, buildings, stockpiles and other above ground infrastructure associated with the development, approved as part of this permission, less the gas flare subject to the other condition requirements below, shall be removed and the site restored in accordance with the conditions of this permission not later than 31st December 2023.
Approved Details
2. Except as may be modified or required by the other conditions to this permission by the Waste Planning Authority, none of the uses, operations and activities associated with the development hereby approved shall be carried out other than in accordance with the details as set out in:
a) Planning Application form from Icon Consulting dated 8th April 2016.
b) Planning Supporting Statement dated 30th May 2016.
c) Drwg Nos: SP000 entitled “Section Identification Plan” dated January 2016.
d) Drwg Nos: SP001 entitled “Section A” dated January 2016.
e) Drwg Nos: SP002 entitled “Section B” dated January 2016.
f) Drwg Nos: SP003 entitled “Section C” dated January 2016.
g) Drwg Nos: SP004 entitled “Section D” dated January 2016
h) Drwg Nos: SP005 entitled “Section E” dated January 2016
i) Drwg Nos: SP005 entitled “Section F” dated January 2016
j) Drwg Nos: LF001 entitled “Proposed Pre-Settlement Levels” dated January 2016
k) Drwg Nos: LF002 entitled “Proposed Post Settlement Levels” dated January 2016
l) Drwg Nos: SWP001 entitled “Post Settlement Surface Water Management” dated May 2016
m) Drwg Nos: CL001 entitled “Landfill Cell Identification” dated May 2016
n) Drwg Nos: RS001 entitled “Restoration Phasing Plan” dated May 2016
o) Drwg Nos: TOP01 entitled “Topographical Survey 2015” dated May 2016
p) Drwg Nos: TOP02 entitled “Additional Topographical Information of Eastern Flank” dated May 2016
as amended by:
q) The e-mail from Michael Graham dated 19th August 2016 (10:31) and accompanying:
i) Soil Composition Addendum dated 19th August 2016.
r) The e-mail from A Bingham to M Graham dated 8th December 2016 (17:27) and accompanying:
i) Bingham : Hall Associates “Landfill Restoration Drainage Strategy” Report Version 1 dated 9th December 2016.
s) The e-mail from Michael Graham dated 27th February 2017 (15:58) and accompanying:
i) Wild Frontier Ecology report for Martells Quarry Landfill Site, Ardleigh, Essex. Dated February 2017.
t) The e-mail from Michael Graham dated 28th February 2017 (14:41) and accompanying Supporting Statement and Environmental Statement clarification points dated 28th February 2017.
u) The e-mail from Michael Graham dated 12th March 2017 (23:13) and clarification points and accompanying:
i) Drwg No S003 entitled “Section C” dated Jan 2016 and
ii) Drwg S004 entitled “Section D” dated Jan 2016.
v) The e-mail from Michael Graham dated 13th March 2017 (19:00) and accompanying:
i) Drwg No: S007 entitled “Sections 01-02” dated Jan 2017.
ii) Drwg No: S008 entitled “Sections 03-04” dated Jan 2017.
Availability of Plans
3. A copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with any conditions of this permission shall be kept available for inspection at the site during the prescribed working hours.
Protection of Existing Trees and Perimeter Vegetation
4. Existing hedgerows and trees on the perimeter of, the site and identified for retention shall be retained shall not be felled, lopped, topped or removed without the prior written consent of the Waste Planning Authority. Any vegetation removed without consent, dying, being severely damaged or becoming seriously diseased (at any time during the development or aftercare period) shall be replaced with trees or bushes of such size and species as may be specified by the Waste Planning Authority, in the planting season immediately following any such occurrences.
5. No raising of existing ground levels on the western site boundary, to the south of the gas flare location, where it forms the boundary between the landfill site and the adjacent mineral extraction void shall take place until a scheme, based on Drwg No: S009 entitled “ SW Boundary Retained Swale” dated Feb 2017, for the placing of material, as part of the marrying in of ground levels along the site boundary and in the vicinity of the boundary hedgerow/trees, to ensure their protection has been submitted to and received the written approval of the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The scheme shall make provision for:
a) Measures to demarcate any standoff from any affected hedgerow/trees.
b) Method of working along the western site boundary.
c) Appropriately scaled plans and cross sections of working area to show how final tipped site levels marry into the hedgerow/outside ground levels.
d) Timetabling of works.
e) Programme of works to achieve a) and b) above.
For clarification all trees should be protected in accordance with BS: 5837 Trees in relation to design, demolition and construction – Recommendations
Land to North of Site office/weighbridge
6. No use of the land between the site office/weighbridge and Slough Lane shall take place and the land shall be restored in accordance with Condition 40 of this permission.
Boundaries and Site Security
7. The operator shall maintain and make stock proof where required the perimeter hedges and fences and protect the same from damage. Where the site boundary does not coincide with an existing hedge or fence line, the operator shall provide and maintain fencing as required for the duration of the development and aftercare period.
Ecological Interest
8. Prior to entry into any cell area or area of previously as depicted on Drwg Nos: CL001 entitled “Landfill Cell Identification” dated May 2016, written confirmation shall be made to the Waste Planning Authority from a qualified ecologist that there are no protected species interests within that part of the site that is being disturbed. Such confirmation shall relate to a period not more than 6 days prior to entry of the above locations. In the event of habitats/species being identified within any area entered then no further works shall take place until a qualified ecologist has assessed the area and an appropriate scheme of mitigation has been submitted and received the written approval of the Waste Planning Authority.
Bird Nesting
9. No vegetation shall be physically disturbed during the bird nesting season (March to August inclusive) unless the vegetation identified for removal has been surveyed to confirm the absence of active bird nesting.
Topographical site survey
10. Within 3 months of the date of this permission updated topographical surveys based on Drwg Nos: Drwg Nos: TOP01 entitled “Topographical Survey 2015” dated May 2016 and Drwg Nos: TOP02 entitled “Additional Topographical Information of Eastern Flank” dated May 2016 shall be submitted to the Waste Planning Authority. The surveys shall identify and quantify any onsite soil making material, sub soil and topsoil present and available for site restoration.
Topographical level surveys
11. A survey of site levels shall be carried out:
i. Within 6 months of the date of this permission
ii. On completion of final infilling to pre settlement levels
iii. Within 4 years of the date of this permission to confirm post settlement levels.
A copy of the survey shall be submitted to the Waste Planning Authority within 14 days of being undertaken.
Vehicle Routeing
12. A written record shall be maintained at the site office of all movements in/out of the site by HGVs. Such records shall contain the vehicle’s registration and operating company’s identity and time/date of movement. The records shall be made available for inspection by the Waste Planning Authority if requested and retained for the duration of the life of the development permitted.
13. All HGV traffic using the application land shall only access and exit the site from the A120 via the private access off the A120 over Bromley Road and along Slough Lane to the application site entrance. The route being set out in Section 12.3.1 of the Transport Statement of the Environmental Statement dated February 2017.
Highway Cleanliness
14. No mud or dirt shall be carried out onto the public highway by vehicles using the site.
Haul Road maintenance
15. Within one month of the date of this permission a scheme to address the site access road to remove the transport of mud/other detritus onto Slough Lane shall be submitted to the Waste Planning Authority. The scheme shall then be implemented within two months of the date of the approval in writing by the Waste Planning Authority. The scheme shall make provision for:
i) Hard bound surfacing of the access road.
ii) New/relocation of the wheelwash facilities.
iii) Programme of maintenance during the life of the development approved by this permission.
HGV Movements
16. The total numbers of Heavy Goods Vehicle (HGV) movements entering or leaving the site during any single day shall not exceed the following daily overall limits:
Mondays to Fridays 100 movements (50 in/50 out)
Saturdays: 50 movements (25 in/25 out)
Sundays and Bank/Public Holidays: None
Sheeting Vehicles
17. All loaded HGVs shall be sheeted with fully serviceable covering before leaving the site.
Vehicle Maintenance
18. No servicing, maintenance or testing of vehicles or plant shall take place other than within the landfill void area or plant area.
(For the purposes of this condition the restriction shall not apply to unforeseen vehicle breakdowns).
Environmental Protection
Hours of Operation
19.
a) No operations authorised or required by this permission shall be carried out on the site except between the following times:-
0800 – 1800 hours Mondays to Fridays.
0800 – 1300 hours Saturdays.
The site office situated within the landfill site proper adjacent the temporary gas flare shall have operating hours of:
0800 – 2200 hours Mondays to Fridays.
0800 – 1700 hours Saturdays.
b) There shall be no working on Sundays or Bank/National Holidays.
c) This condition shall not apply in cases of emergency when life, limb or property is in danger. The Waste Planning Authority shall be notified, in writing, as soon as possible after the occurrence of any such emergency.
Rubbish
20. All rubbish and scrap materials generated on the site shall be collected and stored in a screened position within the site area until such time as they may be properly disposed of to a suitably licensed waste disposal site.
21. No waste material/soil or soil forming material imported into the application area shall be handled other than within the existing void area or for the purposes of the handling of soils in the tax exempt areas identified on Drg nos: Drwg No: S007 entitled “Sections 01-02” dated Jan 2017 and Drwg No: S008 entitled “Sections 03-04” dated Jan 2017. Stockpiles shall not exceed 6 metres in height from their base.
Burning
22. No waste or other materials shall be burnt on the site.
Lighting
23. No artificial external lighting, whether free standing or affixed to infrastructure, that may be required to be provided within the application site shall be installed until a scheme of lighting at the site has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved. The submitted scheme shall make provision for:
a) Lighting point location.
b) Lighting design details.
c) Proposed Illuminance coverage.
d) Assessment of sky glow.
e) Lighting does not illuminate boundary trees and hedgerows.
f) Potential effects on nature conservation interests.
Noise - Normal Levels
24. Except for temporary operations, the free field Equivalent Continuous Noise Level (LAeq,1hr) at noise sensitive premises adjoining the site, due to operations in the site, shall not exceed 1h, the LAeq levels as set out in the following table and identified on the attached plan no: ESS/30/16/TEN/A entitled “Noise Monitoring Locations”:
Receptor Location |
Criterion / dB LAeq, 1hr |
White House |
55dB |
Carringtons |
55dB |
Measurements shall be made no closer than 3.5m to the façade of properties or other reflective surface and shall have regard to the effects of extraneous noise and shall be corrected for any such effects. . In the case of complaint(s) noise may be required to be measured at façade(s) and in this event these measurements will take precedence. Noise limits are set at 1.2 to 1.5 metres above ground level at monitoring points and 1.2 metres above ground level at a point 1 metre from façades. The façade limits include a +3dB(A) correction.
In the case of complaint(s) noise may be required to be measured at façade(s) and in this event these measurements will take precedence. Noise limits are set at 1.2 to 1.5 metres above ground level at monitoring points and 1.2 metres above ground level at a point 1 metre from façades. The façade limits include a +3dB(A) correction.
Loudspeakers
25. No sound reproduction or amplification equipment (including public address systems, loudspeakers etc) which is audible at the nearest noise sensitive location shall be installed or operated on the site without the prior written approval of the Waste Planning Authority.
Reversing alarms
26. Only white noise emitting reversing alarms shall be employed on vehicles and plant engaged in site activities and under the control of the applicant.
Dust
27. Within 2 months of the date of this permission a scheme for the control of dust monitoring/mitigation at the site shall be submitted to the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:
g) A dust control plan.
h) A dust monitoring plan to include:
I. The location(s) of dust monitoring points.
II. The type of monitoring equipment to be used, the pollutant to be monitored and the standard to be monitored against.
III. A programme of monitoring to commence prior to soil stripping to provide a baseline against which to compare future monitoring.
IV. A programme of implementation to include frequency of monitoring and locations during the various phasing works
V. A log of complaints from the public and a record of the measures taken to be kept and submitted to the Waste Planning Authority on request.
VI. The results of dust monitoring over each three month period shall be submitted to the Waste Planning Authority within 21 days of the end of each three month monitoring period.
Surface Water Drainage and Pollution Protection
28. Any oil, fuel, lubricant, paint or solvent within the site shall be stored so as to prevent such materials contaminating topsoil or subsoil or reaching any watercourse.
29. a) Any fixed or free standing oil or fuel tanks shall be surrounded by a fully sealed impermeable enclosure with a capacity not less than 110% of that of the tanks so as to fully contain their contents in the event of any spillage;
b) If there is multiple tankage, the enclosure shall have a capacity not less than 110% of the largest tank;
c) All filling points, vents and sight glasses shall be within the sealed impermeable enclosure; and
d) There shall be no drain through the impermeable enclosure. (The applicant’s attention is drawn to the requirement set out in BS 799 Part 5: 1987.)
30. All foul drainage shall be contained within a sealed and watertight cesspit fitted with a level warning device constructed to BS 6297 “Design and Installation of Small Sewage Treatment Works and Cesspools” (1983).
31. No drainage from the site, or from areas immediately adjoining the site, shall be interrupted either partially or fully by the operations hereby approved.
32. No foul or contaminated surface water or trade effluent shall be discharged from the site into either the ground water or surface water drainage systems except as may be permitted under other legislation.
Fixed Plant and Buildings
33. Notwithstanding the provisions of Article 3 and Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as amended, no plant/structures whether fixed or static, lagoons, stocking of wastes or other materials or other structures shall be erected or placed on the site, except as provided for under other conditions of this permission.
Handling and Storage of Soil and Soil Forming Material
34. Prior to the handling of any soils whether insitu or having been in storage then any excess vegetation shall be removed from the areas to be stripped.
The term 'excess vegetation' in this condition means all vegetation above a height of 154mm (6") above ground level.
35. No operations involving soil lifting/replacement shall take place between the months of October to March inclusive.
36. No movement of soils or soil making materials shall take place except when the full depth of soil to be stripped or otherwise transported is in a 'suitably dry' soil moisture condition. Suitably dry means the soils shall be sufficiently dry for the topsoil to be separated from the subsoil without difficulty so that it is not damaged by machinery passage over it.
For clarity, the criteria for determining "suitably dry soil moisture conditions" and "dry and friable" is based on a field assessment of the soils wetness in relation to its lower plastic limit. The assessment should be made by attempting to roll a ball of soil into a thread on the surface of a clean plain glazed tile (or plate glass square) using light pressure from the flat of the hand. if the soil crumbles before a long thread of 3mm diameter can be formed, the soil is dry enough to move. The assessment should be carried out on representative samples of each major soil type.
37. All suitable soils and soil making material shall be recovered where practicable for use in restoration and separately stored in locations that have received the prior written approval of the Waste Planning Authority.
38. Any topsoil, subsoil, and soil making material mounds shall be constructed with only the minimum amount of compaction necessary to ensure stability and shall not be traversed by heavy vehicles or machinery except during stacking and removal for re-spreading during the restoration of the site. They shall be graded and seeded with a suitable low maintenance grass seed mixture in the first available growing season following their construction. The sward shall be managed in accordance with correct agricultural management techniques throughout the period of storage.
39. All soil and soil forming material storage mounds or have been restored, shall be kept free of weeds and all necessary steps shall be taken to destroy weed at an early stage of growth to prevent seeding.
Restoration
40. Within 3 months of the date of this permission, a restoration scheme based on Drwg Nos: RS001 entitled “Restoration Phasing Plan” dated May 2016 shall be submitted to the Waste Planning Authority. The scheme shall then only be implemented as approved, or as may subsequently be approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:-
a) Reinstatement programme including soil profiles and depths across the restored landform.
b) The handling, storage and management of any imported soil making material, sub soil and topsoil identified for site restoration.
c) Arrangements for analysing the material in b) above to ensure the appropriate material is suitable for the agricultural afteruse of the land.
d) Measures for how soil making and soils would be laid and to what depths.
e) Measures for ripping and stone/other detritus removal that would hinder agricultural afteruse are to be removed and what sizes being removed from each of the reinstatement layers.
f) Removal of all site structures, including and not limited to gas flare and concrete hardstandings.
g) Site water drainage both surface and sub surface and erosion aspects are minimised.
h) The land being free from ponding and capable of receiving an effective artificial under-drainage system and agricultural machinery is not unduly restricted.
i) How the landfill gas and leachate infrastructure provision would influence final landform design and field delineation and implications for undertaking future agricultural activities.
j) Gradients do not exceed the post settlement levels shown on Drwg No S003 entitled “Section C” dated Jan 2016 and Drwg S004 entitled “Section D” dated Jan 2016.
k) Programme of implementation.
Landscaping
41. Within 3 months of the date of this permission a scheme of landscaping, based on Drg no: 1910/005/K entitled “Restoration Proposals” dated March 2012 has been submitted to the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:
a) A landscape management plan to include the recommendations of the Bingham : Hall Associates “Landfill Restoration Drainage Strategy” Report Version 1 dated 9th December 2016 in respect of the reed planting of the drainage ditches and management.
b) Provision of a wildlife habitat area – taking account of the recommendation in Section 9 page 20 of the Wild Frontier Ecology February 2017 report.
c) Husbandry management of the existing hedgerows/mature trees.
d) Layout of fields and fencing/hedgerow design, detail and management.
e) Ground preparation works, including soil assessment, ripping, de-stoning and fertilising etc.
f) Planting species including berry bearing shrubs, size, density, numbers and location.
g) Grass seed mixes and rates.
h) A programme of implementation to include the provision for planting during the first available season following restoration.
i) A programme of management, maintenance and implementation timetable for the above.
Trees, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which at any time during the life of this permission including the aftercare period, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Waste Planning Authority.
Agricultural Aftercare
42. Within six months of the date of this permission an agricultural aftercare scheme providing for such steps as may be necessary to bring the land to the required standard for use as agriculture shall be submitted for the approval of the Waste Planning Authority. The agricultural aftercare scheme shall be implemented in accordance with the details as approved in writing, by the Waste Planning Authority. The submitted scheme shall specify the steps to be carried out and their timing within a five year aftercare period, or such longer period as may be proposed, and shall make provision for:-
i. soil analysis;
ii. planting
iii. cultivating
iv. fertilising
v. watering
vi. drainage
vii. weed control measures
viii. grazing management
ix. agricultural management practices in vicinity of perimeter hedgerows and trees
x. keeping of records; and
xi. annual meetings with representatives of the Waste Planning Authority, Natural England, landowners and interested parties to review performance.
The period of agricultural aftercare for the site or any part of it shall commence on the date of written certification by the Waste Planning Authority that the site or, as the case may be, the specified part of it, has been satisfactorily restored.
Amenity Aftercare
43. Within six months of the date of this permission an amenity aftercare scheme providing for such steps as may be necessary to bring the land to the required standard for use as a wildlife habitat as provided for in the recommendation in Section 9 page 20 of the Wild Frontier Ecology February 2017 report shall be submitted for the approval of the Waste Planning Authority. The amenity aftercare scheme shall be implemented in accordance with the details as approved, or as may subsequently be approved, in writing, by the Waste Planning Authority. The submitted scheme shall specify the steps to be carried out and their timing within a five year aftercare period, or such longer period as may be proposed, and shall make provision for:-
(i) a management plan and strategy;
(ii) a programme to allow for monitoring the establishment of the habitat which shall provide for:
(a) such work as is necessary to enable the establishment of (ii) above; and
(b) maintenance arrangements to include such amendments to drainage patterns, and replacement and/or control of plant species as required to achieve the objectives;
(c) For any woodland provision the:
cultivation practices;
post-restoration secondary soil treatments;
soil analysis;
fertiliser applications, based on soil analysis;
drainage;
tree planting and maintenance;
weed control;
(d) annual meetings with representatives of the Waste Planning Authority and landowners to review performance.
All areas the subject of amenity aftercare shall be clearly defined on a plan together with the separate demarcation of areas as necessary according to differences in management.
The period of amenity aftercare for the site or any part of it shall commence on the date of written certification by the Waste Planning Authority that the site or, as the case may be, the specified part of it has been satisfactorily restored.
Cessation – Site General
44. In the event of site operations being discontinued for six months in the period specified in Condition 1 of this permission then the land, or that part of it still remaining to be returned to its approved afteruse condition, shall be restored in accordance with a scheme submitted by the developer which has the written approval of the Waste Planning Authority. The scheme shall be submitted not later than one month from the Waste Planning Authority’s issue of written notice that it is of the opinion that infilling has not taken place in the six month period and shall include the requirements of Conditions 40 - 43 inclusive of this permission. The scheme, as approved by the Waste Planning Authority, shall be commenced within three months of notification of determination of the scheme and shall be fully implemented within a further period of 12 months or such other period as may be approved by the Waste Planning Authority.
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