Agenda Item No. 5b Committee: Regulatory Planning Committee

Date: 11 June 2008

Report by: Director of Transport and Environment

Proposal: Development and operation of Waste Electrical and Electronic Equipment storage and processing and a combined Materials Recycling Facility and Waste Transfer Station.

Site Address: Greystone Quarry, Southerham, Lewes.

Applicant: MDJ Light Brothers (SP) Ltd

Application No. LW/489/CM(EIA) Key Issues: (i) Management of waste and need for proposal (ii) Effect on AONB (iii) Effect of traffic on public highway (iv) Effect on amenity (v) Effect on SSSI and ecology (vi) Drainage

SUMMARY OF RECOMMENDATIONS

1. Subject to the completion of a Section 106 legal agreement for works to the public highway, the submission of a Travel Plan and remediation works to the cliff face at the south-western side of the upper quarry the Committee is recommended to authorise the Director of Transport and Environment to grant planning permission subject to conditions as set out in paragraph 8.1 of the report.

CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT

1. The Site and Surroundings

1.1 The application site is just over 4 hectares in area and comprises the worked out lower quarry of Greystone Quarry, Southerham, on the south- eastern side of Lewes, known as Machine Bottom Pit. It is shaped as a westward curving triangle which is adjacent to the eastern side of the operational land associated with the existing waste transfer station (WTS) in the upper quarry. The application site also includes a linear area of land contiguous with the northern boundary of the upper quarry, delineating a former access route. The application site is currently used for waste management purposes, specifically refrigerator and freezer storage and processing and various structures are present, including buildings, although the temporary planning permission relating to this development has now expired.

1.2 The application site is screened from public viewpoints in the vicinity of the quarry, primarily because of the existing high cliff faces. Trees along the south-western boundary of the lower quarry and to a lesser extent, the northern and eastern boundaries, provide additional screening. Beyond the northern and eastern boundaries of the quarry, the land rises towards the downland areas of Machine Bottom and Round the Down, respectively. To the west, the WTS is located at a higher level than the application site and provides screening to the latter from this direction, although some of the vegetation along the south-western boundary has been undermined through other development at the site.

1.3 Access to the application site would be either through the WTS in the upper quarry or along its northern boundary, via the slip road leading from the A27 a short distance to the west of the upper quarry, or from the minor road leading from the A26 through Cliffe Industrial Estate and Southerham, to the north-west. Residential properties are situated to the north-west of the site along this minor road within the hamlet of Southerham and a transit traveller’s site is located on elevated land adjacent to the southern boundary of the site.

1.4 The application site incorporates a geological Site of Special Scientific Interest (SSSI), known as Southerham Machine Bottom Pit SSSI, which comprises the south-western, eastern and northern faces of the lower quarry, although the SSSI extends along the south-western side into the upper quarry. The site is also within the Downs Area of Outstanding Natural Beauty (AONB) and lies on a Major Aquifer. The , incorporating Malling Down, and Southerham Farm, is a Special Area of Conservation (SAC) and is located, at its nearest point, about 500 metres to the east of the site. The River Ouse flows about 560 metres to the west of the site.

2. Site History

2.1 Given the strategic importance of the site in waste management terms, and the nature of both the current and previous proposals at the site, it would be appropriate to look at the history of Greystone Quarry in some detail.

2.2 There is no formal planning permission for the use of the upper quarry as a waste transfer station or scrapyard. These activities have been operating for many years and are considered lawful. Notwithstanding this, both the lower and upper quarries have been subject to various planning proposals over the last few years and have benefited from several permissions, largely of a temporary nature.

2.3 LW/352/CM: Temporary storage of refrigerators in lower quarry. Temporary permission granted on 18 March 2002, to expire on 13 March 2003 with restoration required by 13 April 2003.

2.4 LW/360/CM: Operation of mobile plant for processing of waste refrigerators including construction of hardstanding and ancillary vehicle parking in lower quarry. Temporary permission granted on 23 July 2002, to expire on 13 March 2003 with restoration required by 13 April 2003.

2.5 LW/366/CM: Variation of condition 1 of consent LW/352/CM for the temporary storage of refrigerators in lower quarry. Temporary permission granted on 15 November 2002, expired on 13 March 2008 with restoration required by 13 April 2008.

2.6 LW/367/CM: Variation of condition 1 of consent LW/360/CM for the temporary operation of mobile plant for processing of waste refrigerators including retention of hardstanding and ancillary vehicle parking in lower quarry. Temporary permission granted on 15 November 2002, expired on 13 March 2008 with restoration required by 13 April 2008.

2.7 LW/379/CM: Surfacing of hardstanding; improvements to drainage arrangements; erection of steel framed shelter; siting of mess/office and toilet facilities; and operation of Step II mobile refrigerator processing plant in lower quarry. Temporary permission granted on 19 August 2003, expired on 13 March 2008 with restoration required by 13 April 2008. Currently, there is no permission for waste activities in the lower quarry. An application has been received to regularise the activities which have expired, although it is invalid and I am awaiting a response from the applicant as to how he wishes to proceed.

2.8 LW/393/CM: Construction of two sheds in upper quarry. Permission granted on 19 February 2004. Two sheds have been constructed, although not in accordance with the permission and these buildings are now the subject of an application seeking retrospective planning permission (ref LW/532/CM), which is considered at Agenda Item 5C.

2.9 LW/420/CM: Erection of new offices in upper quarry. Permission granted on 7 January 2005.

2.10 Both the upper and lower quarries have been subject to unauthorised development. The applicant is seeking to regularise some of this development in the lower quarry through the submission of the current application. In the upper quarry, applications LW/532/CM (retrospective planning permission for the construction of two sheds) and LW/546/CM (retrospective planning permission for the installation of an electricity sub-station, the re-engineering of a section of quarry face, construction of waste storage bays and the change of use of land to waste management activity), have been submitted to regularise development. Outstanding enforcement issues will either be resolved through the determination of these planning applications or through other means.

2.11 There are linkages between Greystone Quarry and the nearby Cliffe Industrial Estate where the management of waste electrical and electronic equipment (WEEE) takes place and Unit 18 is used for the storage, transfer and recycling of this waste, specifically televisions and computer monitors (reference LW/511/CM).

3. The Proposal

3.1 The proposed development would involve the construction of two large industrial, steel-clad, pitched roof buildings in the lower quarry. One building would comprise a facility to store and treat WEEE at the western side of the application site and would be 50 metres in length. The other would be for a combined Materials Recovery (MRF) and Waste Transfer Station (WTS) at the south-eastern part of the application site, which would be 90 metres in length. Both buildings would be 30 metres wide, 10 metres high to the eaves and 12.5 metres high to the pitch.

3.2 The WEEE storage and treatment facility would act as an acceptance, holding and processing area and would enable the applicant to direct all incoming WEEE into one facility, as the current storage of WEEE within the upper quarry would be relocated to the new facility. Incoming waste would be stored within designated areas within the building and some manual dismantling is likely to take place, as well as automated processing, so that components can be more easily separated and then transferred for onward processing. Various categories of electrical and electronic equipment waste would be accepted, from washing machines and toasters, to medical equipment. The WEEE would be delivered in vans and vehicles of less than 7.5 tonnes gross vehicle weight, which would be sorted and separated on site, with the recoverable and disposable parts being removed. Wherever possible, back hauling of vehicles would be used.

3.3 The development of the MRF/WTS would require the construction of an enclosed building for the sorting of recyclables and the bulking and baling of household waste. It would receive kerbside collected waste on behalf of local authorities, involving paper, card, plastics, glass and cans, as well as non- recyclable household waste. The MRF would be designed to receive mixed dry recyclables and would include the necessary processing plant and equipment to separate the waste streams, including a picking station. It is proposed that the WTS would receive residual household waste collected by or on behalf of local authorities, as well as commercial waste, and after bulking up, would be collected by articulated lorries for delivery to a disposal facility.

3.4 It is also proposed to re-establish the rear access to the quarry area, which is currently unsurfaced and vegetated. A weighbridge and office are also proposed at the eastern end of this access within the lower quarry to manage the receipt of incoming waste and would be used by vehicles using the MRF/WTS. The existing site office located near to the site entrance in the upper quarry would be used to oversee operations at the WEEE storage and treatment facility. Mess facilities are also proposed in the lower quarry.

3.5 Parking would be provided in the lower quarry, in addition to that already provided at the main entrance in the upper quarry.

3.6 According to the applicant, the throughput of waste at Greystone Quarry was 85,000 tonnes in 2006, of which 41,000 tonnes comprised WEEE and waste associated with their existing WTS/MRF facility. The proposed MRF/WTS and WEEE facility would have a combined increase of 59,000 tonnes per annum, thereby resulting in an overall throughput of 100,000 tonnes per annum of these combined waste streams. According to the applicant, a further 44,000 tonnes of waste from other streams would be managed at the site, resulting in a total throughput of 144,000 tonnes per annum at the quarry. The applicant considers that there would be an increase of 28 loads or 56 vehicle movements per day for WEEE and 10 loads or 20 vehicle movements per day for the MRF/WTS, based on the depositing of waste seven days per week. Therefore, the new operations would generate about 76 additional vehicle movements each day.

3.7 The proposed hours of operation are between 06.00 and 18.00 Mondays to Fridays and 06.00 and 16.00 on Saturdays. The MRF/WTS is proposed to operate between the same hours, except that permission is being sought to allow the depositing of waste only within the WTS building by collection vehicles on Sundays and Public Holidays during the hours of 06.00 and 16.00, although no sorting or processing is proposed.

3.8 A Waste Management Licence to operate the facility would be required from the Environment Agency.

3.9 The proposed development requires the undertaking an Environmental Impact Assessment (EIA), as it was considered that the development had the potential for significant environmental effects. Following this, an Environmental Statement (ES) was submitted to accompany the planning application, which considered various matters, including need and alternatives, highway issues, hydrology, landscape and amenity. The applicant considers that the ES demonstrates that there is an overriding local and regional need for the facility, that there are no preferable alternative sites and that the development will not adversely affect the environment.

3.10 The Lewes Downs SAC has been considered under the Habitats Regulations, as it is a European protected site. The designated area is about 500 metres from the application site and dust emissions could present a potential adverse effect. However, construction activity would be managed and operations would be largely undertaken undercover, thereby dust emissions would be controlled. It appears that existing development and associated vehicle movements in the lower quarry have not adversely affected the site and I do not consider that vehicle movements associated with the proposal would have a detrimental effect. Therefore, I do not consider that the integrity of the SAC would be adversely affected and therefore, no Appropriate Assessment is required.

4. Consultations and Representations

4.1 Council raises no objections.

4.2 and Parish Council has not submitted any observations.

4.3 Lewes Town Council has not submitted any observations.

4.4 The Environment Agency advises that a modified waste management licence will be required and recommends that conditions should be included regarding foul and surface water drainage, the method of construction of the development, contaminated land and the use of infill material. Details should also be provided on works to the pond and advice is given on the protection of controlled waters, as the site lies on a Major Aquifer.

4.5 The Highway Authority notes that the application, as submitted, attracts a refusal on the grounds that (i) the approach road, Southerham Lane, is unsuitable to serve the proposed development by reason of its narrow width and poor alignment; and (ii) the proposal would result in a material change in the volume of traffic using Southerham Lane and existing hazards would be increased by the additional slowing, stopping, standing and turning traffic which would be created. In order to make the proposal acceptable, mitigation measures should be proposed to prevent any adverse safety issues arising from the proposal and to prevent the backing up of vehicles on the public highway. A Section 106 Legal Agreement is recommended so that the applicant is made responsible for the widening of the carriageway where it is currently substandard and for a travel plan for staff to be submitted. It is also recommended that the applicant should also submit details on the proposed access road via condition.

4.6 The Highways Agency raises no objections.

4.7 Natural does not consider that the development would have an adverse impact on the interests of the Southerham Machine Bottom Pit geological SSSI, as the buildings would be positioned at least 5 metres from the quarry cliff faces and a fence will delineate the boundary. The erection of the fence should be made a condition of any permission prior to the commencement of works. It is also considered that mitigation measures for the loss of habitat along the route of the proposed new access are required and should be made a condition of any permission and advice is given on the effects to tree works which could potentially affect bats.

4.8 The South Downs Joint Committee raises no objections, as the site is well screened and it is considered that the buildings will not have a significant impact on the AONB. Loss of biodiversity should be compensated for and, if possible, enhanced.

4.9 Representations: five representations have been received from local residents and the South Downs Society, which largely raise objections and are summarised as follows: (i) Noise - through the use of reversing alarms, lorry movements and machinery; no assessment has been made of the noise impact on the permanent dwellings in Southerham; many vehicles do not belong to the applicant and so controls on reverse alarms will be impossible; a noise limit should be imposed so that it can be properly and regularly monitored; (ii) Vehicle movements – there will be an increase in vehicle movements; the site is licensed to take 10,000 tonnes per week, although only about one quarter of this is currently taken, therefore there is the potential for further vehicle movements; (iii) Access – a new access is required to the quarry from the A27 through the Travellers’ site to protect Southerham village from lorry use; there is inadequate access to the site and vehicles should be barred from using the village; mud on Southerham Lane; (iv) Surface water, groundwater & drainage – a borehole in a resident’s garden has been polluted with hydrocarbons and its use has been barred; the hydrology is incorrectly presented in the ES; foul water connections will be required as part of the development; surface water flows along Southerham Lane from the site and blocks drains; flooding of lower quarry would make the sealed traps redundant and mitigation provision should be made via a dedicated surface water drain; (v) Operating hours – the proposed 365 days per year is unacceptable and would be damaging to the quiet enjoyment of the AONB and nearby nature reserve and local residents; (vi) AONB – the site is within the AONB; (vii) Overdevelopment - the site would be overdeveloped with serious implications for the environment and residents; the absence of a working plan makes it impossible to judge whether HGV queuing to enter the site would be ongoing, particularly if the amount of waste the site processes increases towards the licensed maximum; the site should only accept waste it can process without affecting amenity; (viii) ELVs – traders depollute vehicles on highway outside dwellings and tyres are removed and fly-tipped; (ix) Ecology – the assessment has not covered the issues properly; and (x) Local authorities are ineffectual.

5. The Development Plan policies of relevance to this decision are:

5.1 Regional Planning Guidance for the South East (RPG9) – Waste and Minerals, June 2006: Policies: W4 (self-sufficiency); W5 (targets for diversion from landfill); W6 (recycling and composting targets); W7 (waste management capacity); W10 (regionally significant facilities); W15 (hazardous waste); W17 (location of waste management facilities).

5.2 The and Brighton & Hove Structure Plan 1991-2011: Policies: TR3 (accessibility); TR5 (cycle provision); EN2 & EN3 (AONB); EN11 (water quality); EN17 (nature conservation).

5.3 The East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (strategy); WLP3 (AONB); WLP5 (safeguarding existing sites); WLP6 (expansions or alterations to existing facilities); WLP11 (waste minimisation); WLP13 (recycling, transfer and materials recovery facilities); WLP35 (amenity); WLP36 (transport); WLP37 (surface water runoff); WLP38 (surface and groundwater).

5.4 The Lewes District Local Plan 2003: Policies: ST3 (design, form & setting of development); ST9 (natural features & habitats); ST12 (landscaping of development); CT2 (AONB - landscape conservation & enhancement).

6. Considerations

Management of waste and need for the proposal

6.1 Under RPG9, various policies apply relating to the management of waste, including on net self-sufficiency (W4), waste recovery and reduction in waste disposal to land (W5), recycling targets (W6) and the provision of development opportunities to support waste management facilities (W7). Furthermore, Policy W10 encourages facilities to manage waste at the regional or pan-regional level and Policy W17 requires that waste management facilities should be located at sites with, inter alia, good accessibility and be capable of meeting locally-based environmental and amenity criteria.

6.2 Similarly, under the Waste Local Plan, policies on the Best Practicable Environmental Option (BPEO) and waste hierarchy (WLP1), the expansion of existing facilities (WLP6) and the provision of recycling facilities (W13), apply.

6.3 There is a clear and increasing need for the establishment of facilities to manage the main waste streams and to cater for specific types of waste. Policies in both RPG9 and the Waste Local Plan seek to facilitate this, thereby contributing to recycling targets and the disposal of waste away from landfill.

6.4 Additional facilities for the management of WEEE are required. According to the applicant, the site currently manages 16,000 tonnes per annum (2006 figure) of WEEE with further WEEE managed on Cliffe Industrial Estate (specifically televisions and computer monitors). I understand that these facilities are the only ones in the Plan area capable of processing this type of waste. Due to recent changes in legislation, there is an increasing need for WEEE to be recovered and recycled and therefore, an increase in management capacity is required to address the increase in this waste stream, which is no longer being disposed of to land.

6.5 According to the applicant, the proposed WEEE facility would enable an additional 24,000 tonnes per annum to be managed at the quarry, much of which would come from waste delivered by, or on behalf of, local authorities. Not only would the proposed facility increase capacity, it would also provide for greater efficiencies with regard to recycling and recovery. Much of the WEEE arising in the Plan area would be processed at this site and some would be imported from outside, particularly from West Sussex and Surrey, as there are few facilities in the sub-region which can process this waste stream. Consequently, the facility would contribute significantly to net self-sufficiency in managing this type of waste, as well as having capacity for dealing with sub-regional waste.

6.6 Although the applicant has not undertaken an assessment to be able to formally consider whether the facility is the BPEO in managing WEEE, the lack of facilities in the Plan area and the paucity of facilities in the sub-region, indicate that the processing facility would, in principle, be the BPEO for managing WEEE in the Plan area. Consequently, the proposal would be likely to make a significant contribution to recycling targets and divert waste away from disposal to land, thereby according with waste management policies.

6.7 As well as requiring additional capacity to manage specialist waste streams, there is also a need for additional capacity to manage more general waste through materials recovery facilities and transfer stations both from the municipal and commercial sectors, particularly as there is a recognised shortfall of recycling capacity in the Plan area. This is particularly important, as levels of recyclable materials are increasing through kerbside collections and deposits at household waste recycling sites, and therefore, a corresponding increase in bulking up and transfer is required. Moreover, the closure of Beddingham and Pebsham Landfills in the near future will require facilities for the bulking up and transfer of non-recyclable municipal waste to other final disposal outlets, pending the construction and operation of the Newhaven Energy Recovery Facility (ERF). Similar facilities are needed for commercial waste.

6.8 According to the applicant, the existing materials recovery and transfer facilities currently manage 25,000 tonnes per annum (2006 figure). The proposed facility would enable a further 35,000 tonnes per annum to be managed, bringing the total to 60,000 tonnes per annum. This capacity would provide local authorities with an important facility for both recyclable and non- recyclable waste to be bulked up and transferred to recycling markets or disposal. It would also provide additional and much-needed bulking up and transfer capacity for the commercial sector, as new regulations, which have been effective from the end of October 2007, now prevent the disposal of waste to land without pre-treatment.

6.9 The applicant has indicated that the proposed WTS facility would aid East Sussex and Brighton & Hove in achieving the integrated waste management strategy identified in the Waste Local Plan and that the residual municipal waste, which is anticipated to be bulked up at the site, would be used at the Newhaven ERF. Veolia ES South Downs Limited, the contractor to ESCC and Brighton & Hove City Council for household and municipal waste, has commented that, while the site has not been identified as a specific component of the integrated waste management strategy and is not essential for the supply of materials to the ERF, there is nevertheless a need for the provision of interim transfer capacity in this area to serve Lewes, Eastbourne and the southern part of Wealden District. Consequently, Veolia consider that the facility has the potential to make a contribution both to the strategy and in providing much needed capacity for commercial and industrial waste.

6.10 As with the management of WEEE, the proposed MRF and WTS facilities would contribute to net self-sufficiency in the management of both recyclable and non-recyclable wastes in the Plan area. Moreover, the use of permanent buildings for managing waste would be more beneficial in both operational and environmental terms than processing in the open. Although the applicant has not undertaken an assessment to consider whether the proposed MRF/WTS would be the BPEO for managing this type of waste, it is apparent that the shortage of large transfer facilities in the Plan area which are able to deal with both municipal and commercial waste, would strongly indicate that the proposed facilities, in principle, represent the BPEO, albeit that the municipal waste requirement may be of a temporary nature. Consequently, I consider that the proposed development accords with Development Plan policies to manage municipal and commercial waste.

Effect on AONB

6.11 Under Policy EN2 of the Structure Plan, conserving and enhancing landscape quality and character will be the primary objective in the AONB through, inter alia, careful control of development, traffic management and minimising the impact of any development within AONBs by measures to carefully integrate the development into the landscape. Policy EN3 of the Plan states that in order to protect and promote the quiet enjoyment of AONBs, development within them will be limited to that derived from the character and qualities of the countryside, having regard to the social and economic well- being of the areas. Development involving change or damage to their character or qualities, including significant increases in noise and/or intrusion from traffic or other activity, or having a significant adverse effect on established views, will not be permitted.

6.12 Policy WLP3 of the Waste Local Plan states that major waste proposals within an AONB will only be permitted in exceptional circumstances. Proposals will be subjected to the most rigorous examination and will only be permitted where (i) there is an overriding need for the development, in terms of national considerations and the local economy; and (ii) the potential for meeting the need in some other way has been investigated and eliminated and there are no suitable alternative sites outside the AONB; and (iii) there will be no detrimental effect on the environment and landscape, having regard to moderate the effect or to provide a compensating environmental resource for any loss that is acceptable.

6.13 Policy CT2 of the Lewes District Local Plan seeks to ensure the continued protection of the AONB so that development respects the natural beauty of the downland, complements the quiet informal enjoyment of the area and respects the distinctive qualities of the AONB. For major development, only a demonstrable national need and lack of alternative sites could justify an exception for this type of development in the AONB.

6.14 Greystone Quarry is a former chalk quarry within the Sussex Downs AONB and there are distinct advantages in accommodating this form of development in this location: the site is generally well concealed due to its topography in relation to adjoining land and screening; there are few public vantage points from which views can be gained into the site and there are few sensitive receptors on surrounding land; and its proximity to the primary road network and sources of waste arisings.

6.15 As noted above, the site currently represents an important facility in the Plan area and sub-region for managing waste and the proposed development would enable it to continue in this role. As an existing waste management facility in the AONB, it is important that it is safeguarded and Policy WLP5 of the Waste Local Plan supports this. Moreover, the establishment of large scale facilities to manage waste can be considered to be in the national interest due to the shortfall in capacity to deal with increasing levels of waste and it is evident that Greystone Quarry has the potential to contribute to achieving this capacity.

6.16 I have also considered the impact of the proposed development within the AONB in terms of its effect on the landscape and quiet enjoyment of the countryside. The proposed buildings are very large and have the potential to cause a visual impact due to their size and I have considered this matter in the context of the surrounding countryside. The worked out lower quarry is well concealed from surrounding land, as its base is at a lower level than most of the adjoining land and it benefits from high cliff faces. Land to the south also benefits from dense tree and scrub planting, as well as some earth banking adjoining the A27 and traveller’s site. Land to the east and north is open downland and there are no public rights of way in close proximity, although distant views of the quarry can be obtained from a public path to the north adjacent to Lewes Golf Course.

6.17 Although the existing transfer station to the west of the lower quarry screens the latter from residential properties in Southerham further to the west, the south-western boundary of the upper quarry has been the subject of recent excavation works, which have reduced the extent of the embankment and cliff with their associated screen of vegetation. The loss of this screening has reduced this important visual barrier from views to the south and south- west and undermined the integrity of the remaining chalk face and vegetation. Further loss to this screening would be likely to open up the quarry to views from the road and travellers’ site, which would be unacceptable. The screen needs to be protected and maintained and the cliff face secured. Consequently, because of its importance to the setting of the site, I consider that remediation and protection measures to the cliff face and the provision of a landscaping scheme for this boundary area should be secured through a Legal Agreement.

6.18 The proposed colour of the buildings would be matt grey and light brown, which would serve to reduce the visual effect of the buildings within the chalk quarry, and I propose a condition to this effect.

6.19 In terms of the effect of the development on the quiet enjoyment of the countryside, the proposed development is unlikely to significantly exacerbate noise in the surrounding area due to operations being undertaken within the buildings. Moreover, noise from lorries would be largely contained within the base of the quarry. The proposal needs to be considered also in the context of the existing operations in the upper quarry and the adjacent A27. In this context and with no public rights of way in close proximity to the site, I do not consider that the proposal would result in any significant infringement to the quiet enjoyment of the AONB.

6.20 Neither the South Downs Joint Committee nor Lewes District Council have raised objections. Providing appropriate remediation measures are undertaken at the south-western boundary of the quarry, I do not consider that the proposal conflicts with policies to protect the landscape or quiet enjoyment of the AONB.

Effect of traffic on public highway

6.21 Policy TR1 of the Structure Plan seeks a reduction of the impact on communities and the environment by measures including, inter alia, traffic management. Policy TR3 of the Plan requires that development proposals should provide for the access that they create and that road safety must not in any way be significantly worsened. Appropriate highway infrastructure, traffic management and speed reduction measures should be incorporated within the development and where necessary, in the surrounding areas.

6.22 Policy WLP36 of the Waste Local Plan states that proposals will not be permitted where access arrangements are inadequate for the volume and nature of traffic generated by the proposal, unacceptable safety hazards for other road users, cyclists or pedestrians would be generated, the level of traffic generated would exceed the capacity of the local road network, an unacceptable impact on existing highway conditions in terms of traffic congestion and parking would arise, there are inadequate arrangements for on site vehicle manoeuvring, parking and loading/unloading areas; and adverse traffic impacts that would arise from the proposal cannot be satisfactorily mitigated by routeing controls or other highway improvements.

6.23 The proposal will lead to an increase in throughput of material and therefore, a corresponding increase in vehicle movements. To accommodate this, the applicant is proposing to reinstate a former access along the northern boundary of the quarry and split the movements of vehicles between the existing and proposed new accesses.

6.24 According to the applicant, the proposed vehicle movements associated with the WEEE operations would involve 28 loads or 56 movements per day and 10 loads or 20 movements per day for the WTS/MRF (based on a 7 day week for the latter). Therefore, there would be an increase of 76 movements per day, culminating in an overall predicted total of about 460 lorry movements per day to and from the quarry. Including staff and visitors, it is anticipated that there would be a total of 590 movements per day. The proposed increase in lorry movements is about 16% of the total number of predicted lorry movements to and from the site and therefore, represents a material increase.

6.25 The Highway Authority considers that there are existing highway problems at the site as part of the slip road from the A27 to the quarry is of a substandard width, being only 5.4 metres, as opposed to the standard 6.75 metres to accommodate heavy goods vehicles. Furthermore, vehicles baulk out onto the public highway from the quarry and obstruct other vehicles using Southerham Lane. From time to time, the queuing of vehicles along the Lane waiting to enter the quarry also occurs, to the detriment of other users of the road and the amenity of nearby residents.

6.26 The Highway Authority considers that the proposals should not exacerbate this situation and that the applicant must be able to adequately accommodate the proposed increase in traffic to and from the site. Measures should be provided to prevent the occurrence of any adverse safety issues resulting from the proposal and to prevent the backing up of vehicles onto the public highway. Any conflicts with cyclists or pedestrians using Southerham Lane to the A27 should also be addressed.

6.27 Consequently, the Highway Authority recommends that if planning permission is granted, certain highway works are undertaken to allow greater capacity for the movement of lorries from the A27 to the quarry and to secure appropriate arrangements for the proposed new access road from the highway into the quarry. Therefore, a Section 106 Legal Agreement is recommended to require the applicant to undertake off site highway works to widen the carriageway to a minimum of 6.75 metres where it is currently substandard. Details of the proposed access road should also be submitted, including its relationship with the public highway and the layout of the two-way flow of heavy goods vehicles into and out of the site. A travel plan to minimise non essential travel by car is also recommended to be included as part of the Legal Agreement. Subject to these matters, I consider the highway aspects are acceptable.

Effect on amenity

6.28 Policy WLP35 of the Waste Local Plan requires that proposals should be of a scale, form and character appropriate to its location, there is no unacceptable adverse effect on the standard of amenity appropriate to the established, permitted or allocated land uses likely to be affected by the development; and adequate means of controlling noise, dust, litter, odours and other emissions are secured; and there is no unacceptable adverse effect on the recreational or tourist use of an area, or the use of existing public access; and there is no unacceptable adverse effect on areas or features of demonstrable landscape, archaeological, geological, ecological or historical importance.

6.29 Policy ST3 of the Lewes District Local Plan requires development to respect adjoining development and the local area and to use materials appropriate to the character of the local area; not to be detrimental to the character or amenities of the area and to provide adequate access.

6.30 The proximity of the quarry to residential properties in Southerham has, in the past, resulted in a conflict with vehicles, particularly large lorries, travelling between the A26 and Cliffe Industrial Estate and Greystone Quarry and the A27. Although ‘rat running’ still occurs, the situation has, to some extent, been mitigated through the erection of barriers on the south side of the industrial estate, which restricts vehicle width. Subsequently, large vehicles are now unable to use this route and are restricted to using the slip road from the quarry to the A27 only. However, smaller lorries, vans and cars can still gain access from the industrial estate to the quarry and vehicles park along Southerham Lane waiting to enter the quarry. The current works to the A27 also mean that vehicles leaving the site can no longer turn right towards Brighton and must travel to the Beddingham roundabout. To protect the amenity of Southerham, it is important that the use of the rat-run is minimised. All HGVs should be required to enter and leave the site via the slip road and a condition to this effect is proposed. Furthermore, it appears from information provided by local residents, as well as from an officer site visit, that transporters for ELV park outside the site and commence the breaking up of cars. Not only does this create pollution, it impacts on the amenity of this area and also impedes access into and out of the site. The Environment Agency have indicated that this is unacceptable and it will be addressed through any new Waste Management Licence for the site, should planning permission be granted. Provision should be made for transporters to park within the site to prevent queuing or stopping outside the site.

6.31 Local residents have also commented on noise from the quarry, specifically in relation to vehicles and reversing alarms. It is inevitable that the activities at the quarry will generate some noise in its vicinity. However, the proposed development would be located in the lower quarry and the operations would be largely undertaken within buildings. Therefore, it is unlikely that the activities would create a nuisance to residents in Southerham due to noise. Similarly, although the travellers’ site is in closer proximity to the lower quarry, the combination of high cliff faces and the enclosed nature of the development would not, in my view, create unacceptable levels of noise. Although vehicles entering and leaving the quarry have the potential to create noise, heavy vehicles are restricted to using the slip road from the site to the A27 and would not pass residents’ homes. The applicant has indicated that silencers and low level reversing alarms would be fitted to vehicles and machinery, although these would only affect vehicles within the applicant’s control.

6.32 Under the former temporary planning permission in the lower quarry, the general operational hours were between 0600 – 1800 hours Monday to Friday and 0600 – 1600 on Saturdays and Bank and Public Holidays with no working on Sundays. However, the applicant is proposing to use the site for 365 days per year with the depositing of waste only between the hours of 0600 – 1600 on Sundays. Although these hours may allow waste to be deposited all year round, they represent an increase in operating hours which leaves no respite for local residents. Therefore, I consider the proposed hours of working on Sundays, Public and Bank Holidays are unacceptable.

6.33 The current waste management site uses occupy most of the available space within the quarry with little apparent space to accommodate the application proposals alongside the current activity. I am also aware that excavation works have taken place to extend the base of the quarry and at the same time containers from the site are being stored elsewhere within Southerham, which is subject to a separate investigation by the District Council enforcement team. My concerns relating to the physical capacity of the site to accommodate further waste uses has been taken up with the applicant who has indicated that the buildings will allow vehicles and containers to be placed inside and that WEEE operations in the upper quarry would be transferred to the lower quarry. Moreover, the proposed new access would separate vehicle movements within the site. The application includes a plan showing car parking and storage areas, together with the position of the weighbridge and site office. Subject to these being clearly allocated for these purposes, the site should not give rise to offsite parking or storage.

Effect on SSSI and ecology

6.34 Policy EN17 of the Structure Plan seeks to protect the existing natural resource of species, habitats and geological features. Policy WLP35 (e) of the Waste Local Plan requires that proposals should have no unacceptable adverse effect, inter alia, on areas of demonstrable geological importance. Policy ST9 of the Lewes District Local Plan seeks to safeguard and enhance, where possible, the intrinsic qualities of sites which are of importance for their nature conservation, geological or landscape interest.

6.35 The application site adjoins the south-western, eastern and northern faces of the Southerham Machine Bottom Pit geological SSSI. As with previous applications in the lower quarry, Natural England has recommended that a 5 metres buffer zone should be provided between the base of the quarry face and the proposed development to allow access to the SSSI and to protect it from damage. Although this has been a requirement of previous permissions and a fence has been erected along the edge of the quarry, it has fallen into disrepair. It has also been affected by the deposit of chalk which arose from the construction of the existing building in the quarry.

6.36 The SSSI should be protected from encroachment and be readily accessible to authorised persons for scientific study. Therefore, I propose a condition requiring details to be submitted for the construction of a fence along the edge of the quarry which would seek to address these issues.

6.37 The proposed access road along the northern side of the site would have some effect on the vegetation in this area, although it would be limited. However, the ES recommends that mitigation measures, which are endorsed by Natural England, are included as part of the development in relation to the design and construction of the access road, the use and maintenance of the road, the area of the pond and an adjacent chalk slope. Consequently, I have included a condition which includes measures for mitigation, as recommended in the ES.

Drainage

6.38 Policy EN11 of the Structure Plan states that proposals which would have a significant adverse effect on the quality and quantity of water resources which are important for human consumption and use, and biodiversity (including aquifers and groundwater sources) will not be acceptable.

6.39 Policy WLP38 of the Waste Local Plan states that planning permission will not be granted for development which would cause unacceptable risk to the quality of surface and groundwater; and cause changes to groundwater levels and result in work being undertaken below the water table unless the proposal includes a suitable comprehensive groundwater management scheme.

6.40 The site lies on the Upper Chalk and is classified by the Environment Agency as a Major Aquifer and local groundwater abstraction is permitted within 250 metres of the quarry. The location is, therefore, particularly sensitive to pollution issues.

6.41 The applicant has indicated that the proposed WEEE facility would be located adjacent to the existing refrigerator processing building, which benefits from a sealed drainage system and would use this facility. However, if this facility cannot be used, the applicant has indicated a sealed tank would need to be constructed within the building. A sealed tank would also be constructed within the MRF/WTS building. Roof water would be collected separately and reused in dust suppression or discharged via soakaway.

6.42 The ES has considered the potential effects of the development on the hydrology and hydrogeology of the site. Although mitigation measures are referred to in order to minimise the potential effects on the aquifer and on surface water runoff, the ES states that the construction of the two buildings may impact on the local hydrological conditions by altering surface infiltration characteristics and drainage routes. Moreover, the construction of hardstanding areas would decrease permeability and potentially increase the quantity and flow rate of surface runoff. Furthermore, the activities could also impact directly on to the saturated zone and may disturb the groundwater system in relation to the recharge rate to the aquifer and groundwater levels and flow directions.

6.43 The nature of the waste activities within the quarry will have the potential to threaten the integrity of the aquifer and there are existing problems with drainage at Greystone Quarry. Local residents have referred to pollution problems, for example, surface water runoff including oil along Southerham Lane and hydrocarbon pollution of a private borehole. The Environment Agency has also stated that the current drainage at the quarry is unacceptable.

6.44 Although the Environment Agency has indicated that drainage issues would be dealt with as part of a modified waste management licence for the site, it has also recommended that if planning permission is granted, a condition should be included requiring the submission of details for foul and surface water drainage works. I agree that any planning permission should include such a requirement, as it could involve substantial physical works. Moreover, the proposed use of the sealed tank within the existing processing building by the proposed WEEE facility is uncertain, as the former no longer has the benefit of planning permission.

6.45 Therefore, I propose a condition requiring full details of the proposed surface water and foul drainage works at the site and how they would be integrated into the existing drainage infrastructure.

7. Conclusion and reasons for approval

7.1 The application site is a worked out chalk quarry and adjoins an area of a long established waste management uses, including vehicle breaking and more recently, a waste transfer station. The site has also benefited from previous temporary planning permissions for waste uses.

7.2 The proposal is for two large buildings and a new access road, together with ancillary development to facilitate the management of WEEE and the bulking up and transfer of household and commercial waste. Greystone Quarry is an important site for waste processing and transfer and currently manages WEEE, as well as other waste streams.

7.3 The proposal accords, in principle, with waste management policies, as it will contribute to net self-sufficiency in the management of waste in the Plan area and to waste recycling and recovery targets.

7.4 The site is within the AONB, although it is presently well screened and does not conflict with the objectives of its designation or cause damage to it. However, to secure the continued landscape containment of the site, measures are required to protect the screen on the south-west side. This should be secured through a Section 106 Legal Agreement.

7.5 The Highway Authority is concerned on the potential effect of the development on the public highway due to the increase in vehicle movements and the substandard nature of part of the highway. Consequently, the Authority recommends that the applicant enter into a Section 106 Legal Agreement to undertake works to the highway and this should be completed prior to any grant of planning permission.

7.6 Greystone Quarry is in fairly close proximity to residential properties in Southerham and to the travellers’ transit site. However, the proposed activities are located within the lower quarry and are unlikely to affect residents in Southerham due to the intervening distance and screening and the enclosed nature of the operations within the buildings. Similarly, the high cliff faces of the quarry will also serve to attenuate noise from the development to the travellers’ site. Large vehicles either entering or leaving the quarry would use the slip road between the site and the A27, thereby avoiding passing residential properties. The proposed working on Bank and Public Holidays and Sundays is unacceptable as there would be no respite for local residents.

7.7 The proposal would not result in a significant adverse effect on the SSSI or the ecological interests at the site, subject to conditions.

7.8 The proposed drainage arrangements at the site are not acceptable. Although the Environment Agency are seeking to address this matter through an amended licence, a condition is also recommended requiring details on drainage to be submitted due to the potential for associated physical works.

7.9 Subject to the completion of a legal agreement for works to the public highway, a Travel Plan and the stabilisation of the chalk quarry face, the Committee is recommended to authorise the Director of Transport and Environment to grant planning permission subject to conditions.

8. Recommendation

8.1 Subject to the completion of a Section 106 Legal Agreement for works to the public highway, the submission of a Travel Plan and works to the cliff face at the south-western side of the upper quarry, the Committee is recommended to authorise the Director of Transport and Environment to grant planning permission subject to conditions.

8.2 That the application be referred back to this Committee if the Legal Agreement is not signed by 24 November 2008.

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2. The design of the buildings hereby permitted for the management of waste electrical and electronic equipment and for the recovery and transfer of waste shall be undertaken in accordance with drawing number MDJ/GRQ/ELE/01 unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To minimise the effect of the development in the Sussex Downs AONB in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

3. The buildings hereby permitted for the management of waste electrical and electronic equipment and for the recovery and transfer of waste materials shall be constructed in the positions shown on drawing number MDJ/LMD0001/PRO/01 RevB unless otherwise agreed in writing with the Director of Transport and Environment. The base of the WTS/MRF building shall be at the 19.1m level, and the base of the WEEE facility building shall be at the 17.46 m level indicated on Plan MDJ/LMD0001/PRO/01 RevB unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: For the avoidance of doubt and to minimise the effect on the Sussex Downs AONB in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

4. Development shall not commence until details of the design and location of the office, weighbridge and mess facilities have been submitted to and approved in writing by the Director of Transport and Environment. The approved details shall be implemented in full.

Reason: To secure appropriate facilities at the site.

5. Prior to the commencement of development a post and two strand plain wire fence with post heights between 1.2 and 1.6 metres shall be installed at least five metres from the base of the quarry face along the northern, eastern and southern boundaries as shown on plan MDJ/LMD0001/PRO/01 RevB. The fence shall be maintained as such for the duration of the development hereby permitted.

Reason: To protect the integrity of the SSSI in accordance with Policy EN17 of the East Sussex and Brighton & Hove Structure Plan 1991- 2011.

6. Subject to any requirements of Natural England with regard to the protection and/or maintenance of the Southerham Machine Bottom Pit SSSI no storage or parking shall take place at the site except in the locations shown on drawing number MDJ/LMD0001/ATR/01 RevB unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To secure appropriate locations for ancillary activities at the site.

7. Development shall not commence until details of surface and foul water drainage works have been submitted to and approved in writing by the Director of Transport and Environment and no building shall be used for any purpose until the surface and foul water drainage works have been carried out in accordance with the approved details. The submitted details shall show how surface water run off from the site will be contained within the boundaries of the site.

Reason: To ensure satisfactory drainage of the site and to prevent water pollution in accordance with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies WLP37 and WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

8. There shall be no vehicular access to or egress from the waste transfer station site other than by the UC 5065 road to the west of the site. All vehicles shall enter and leave the site in a forward gear only and all Heavy Goods Vehicles shall only turn right to enter the site and turn left to leave the site so that they enter or leave the site via the slip road to the A27.

Reason: In the interests of the local environment and highway safety.

9. Development shall not commence until details of the construction of the new access road including its relationship with the existing access to the quarry and the public highway shall be submitted to and approved in writing by the Director of Transport and Environment. The details shall also show how the two way flow of vehicles from both accesses shall be accommodated in relation to the public highway. The approved details shall be implemented in full prior to any use of the buildings hereby permitted.

Reason: In the interests of highway safety and to secure appropriate access arrangements in accordance with Policy WLP36 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

10. No development shall take place until details of the method of piling foundations and construction have been submitted to and approved in writing by the Director of Transport and Environment. The details shall include the method and results of site investigations carried out to identify the existence of contaminated material together with details of proposals for the treatment required in order to minimise the risk of contamination of ground and surface waters. The development shall be carried out in full accordance with details so approved.

Reason: To minimise the risk of pollution to the aquifer in accordance with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

11. No activity or operation shall take place at the site other than between the hours of 0600 to 1800 on Monday to Friday inclusive and 0600 to 1600 on Saturdays and at no time on Sundays, Public and Bank Holidays except for works of essential maintenance or which are to respond to an emergency. No later than one week after the carrying out of such works full details of the time, date, reason for and nature of the works shall be given in writing to the Director of Transport and Environment unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To safeguard the amenity of the locality in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

12. No works shall commence on site including the carrying out of any works of demolition until a detailed strategy and method statement for securing and demonstrating that the amount of construction waste resulting from the development has been reduced to smallest amount possible has been submitted to and approved in writing by the Director of Transport and Environment. The statement shall include details of the extent to which waste materials arising from the demolition and construction activities will be reused on site and demonstrating that maximum use is being made of these materials. If such reuse on site is not practicable, then details shall be given of the extent to which the waste material will be disposed of for reuse, recycling, composting or other method in accordance with the best practicable environmental option. All waste materials from the demolition and construction associated with the development shall be reused, recycled and dealt with in accordance with the approved strategy and method statement.

Reason: To minimise the amount of construction waste to be removed from site for final disposal in accordance with Policy WLP11 of the East Sussex and Brighton and Hove Waste Local Plan 2006.

13. The external finishes of the buildings hereby approved shall be in a matt grey colour unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To minimise the effect of the development on the Sussex Downs AONB in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

14. Prior to the commencement of the development details of cycle parking facilities shall be submitted to and approved by the Director of Transport and Environment. The approved details shall be fully implemented prior to occupation of the development and thereafter retained.

Reason: To comply with Policy TR5 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

15. There shall be no artificial illumination at the site except with the prior written agreement of the Director of Transport and Environment.

Reason: To enable the County Planning Authority to regulate and control the use of the land in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

16. If during development any visibly contaminated or odorous material not previously identified is found to be present at the site it must be investigated. The Director of Transport and Environment must be informed immediately of the nature and degree of the contamination and the applicant shall submit a Method Statement which shall detail how this contamination would be managed.

Reason: To ensure all contaminated material is managed properly in the interests of protecting the water resource in accordance with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

17. Only clean uncontaminated rock, subsoil, brick, crushed concrete and ceramic shall be used as infill material.

Reason: To prevent pollution of the water resource in accordance with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

18. No development shall commence until details for the mitigation of biodiversity during construction of the access road have been submitted to and approved in writing by the Director of Transport and Environment. The approved details shall be carried out in full.

Reason: To minimise the impact on biodiversity in accordance with Policy EN17 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

19. No development shall take place until a scheme to control the emission of dust during both construction and operations has been submitted to and approved in writing by the Director of Transport and Environment and has been fully implemented. The approved equipment shall be maintained in accordance with the manufacturer's instructions at all times until completion of the development.

Reason: In the interests of amenity of the locality and to safeguard adjoining land in accordance with Policies EN2 and EN17 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Poliy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

RUPERT CLUBB Director of Transport & Environment 3 June 2008

Contact Officer: Jeremy Patterson Tel. No. 01273 481626 Local Member: Councillor Pat Ost

BACKGROUND DOCUMENTS Application files LW/489/CM (EIA), LW/532/CM, LW/546/CM & LW/547/CM. Planning permissions LW/352/CM, LW/360/CM, LW/366/CM, LW/367/CM, LW/379/CM, LW/393/CM, LW/420/CM, LW/441/CM & LW/511/CM.

LW/489/CM(EIA)

Machine Bottom Proposed new Application access road Site entrance site

Machine Bottom

7.1m So ut he rh Round The Down am Grey Pit

(disused)

Scrap Yard Scrap Yard WB Lower

Grey Pit

(disused) Quarry

17.8m A 27 Tr av Proposed A e 27 lle rs ' WTS/MRF Tr an si t S Upper Quarry ite Waste Transfer A 2 Station 7

A 2 7 Proposed WEEE Grey Pit (disused) facility

Southerham Grey Pit

(disused)

A 2 7

Southerham Grey

Location Plan Pit

(disused) ) k

c

a

r

T

(

E

N

A

L

K

O

O

R El Sub Sta B

B M 2 2 . 95 m

Winchmore

M P 5 1 .2 Site 5

Level Crossing

D rain

D ra in

n i a r D

D ra Scale in1:50000

Reproduced from the Ordnance Survey mapping with Rupert Clubb Reproduced from the Ordnance Survey mapping with the Rupert Clubb the permission of the Controller of Her Majesty's permission of the Controller of Her Majesty's Stationery Office BBEEnngg ( H(Hoonnss) ) CEng MMIICCEE Stationery Office © Crown Copyright. © Crown Copyright. Unauthorised reproduction infringes Unauthorised reproduction infringes Crown copyright DDirierecctotor,r ,T Trraannssppoorrt ta anndd E Ennvvirioronnmmeenntt Crown copyright and may lead to prosecution or civil proceedings. ScSalcea 1le: 1:3000 and may lead to prosecution or civil proceedings. East Sussex County Council, 100019601, 2007 EEaasst tS Suusssseexx C Coouunntyty C Coouunnccilil East Sussex County Council, 100019601, 2008