Agenda No AGENDA MANAGEMENT SHEET
Name of Committee Regulatory Committee
Date of Committee 21 April 2009
Report Title Toft Cottage Farm, Kites Hardwick – Infilling of Low Lying Area to Restore to Agricultural Use
Summary The application seeks planning permission to move some existing old fill into a low lying area and importation of inert waste to restore land to beneficial agricultural use to improve drainage and reduce highway subsidence on land at Toft Cottage Farm, Kites Hardwick, Rugby.
For further information Matthew Williams please contact Planning Officer Tel. 01926 412822 matthewwilliams@warwickshire.gov.uk
Would the recommended Yes/No decision be contrary to the Budget and Policy Framework?
Background Papers Submitted application, received 20/2/2007. Letter received from Severn Trent Water, dated 19/3/2009. Letter received from Rugby Borough Council, dated 19/3/2009. Letter received from Environment Agency, dated 25/3/2009. Letter from Natural England, dated 23/3/2009. Letter from the Museum Services, dated 23/3/2007.
CONSULTATION ALREADY UNDERTAKEN:- Details to be specified
Other Committees ......
Local Member(s) X Councillor G Collett – No comments received as (With brief comments, if appropriate) at 7/4/2009.
Other Elected Members ......
Regu/0409/ww4 1 of 9 Cabinet Member ...... (Reports to The Cabinet, to be cleared with appropriate Cabinet Member)
Chief Executive ......
Legal X L Arben - agreed
Finance ......
Other Chief Officers ......
District Councils X Rugby Borough Council – See paragraph 2.1.
Health Authority ......
Police ......
Other Bodies/Individuals X Natural England, Severn Trent Water, DEFRA, Environment Agency.
FINAL DECISION YES/NO (If ‘No’ complete Suggested Next Steps)
SUGGESTED NEXT STEPS : Details to be specified
Further consideration by ...... this Committee
To Council ......
To Cabinet ......
To an O & S Committee ......
To an Area Committee ......
Further Consultation ......
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Agenda No
Regulatory Committee – 21 April 2009
Toft Cottage Farm, Kites Hardwick – Infilling of Low Lying Area to Restore to Agricultural Use
Report of the Strategic Director for Environment and Economy
Recommendation
That the Regulatory Committee authorises the grant of planning permission to move some existing old fill into a low lying area and importation of inert waste to restore land to beneficial agricultural use to improve drainage and reduce highway subsidence on land at Toft Cottage Farm, Kites Hardwick, subject to the conditions and for the reasons contained in Appendix B of the report of the Strategic Director for Environment and Economy.
Application No : R1504/09CM007
Received by County : 20/2/2009
Advertised Date : 26/2/2009
Applicant : Mr Dave Cooke, Toft Cottage Farm, Kites Hardwick, Rugby CV23 8AD.
Agent : Mrs G Pawson, Mill House, Long Lane, East Haddon, Northamptonshire
The Proposal : Moving some old fill into low lying area, importing inert waste to restore beneficial agricultural use, improving drainage and reducing highway subsidence.
Site & Location : 1.1 Ha. of Land at Toft Cottage Farm, Kites Hardwick, Rugby. [Grid ref: 476.699].
See plan in Appendix A.
Regu/0409/ww4 3 of 9 1. Application Details
1.1 This application relates to what is understood to have been a former clay pit and, in part, poorly restored landfill where waste, including glass and metals, can be seen lying on the surface of the land. The application site measures 1.1 hectares and is currently used as rough grazing.
1.2 The application proposes to regrade and redistribute the existing waste materials found on site into a low lying hollow. It is then proposed to import further inert waste materials to the site in order to cover and cap the domestic waste and return the field to its original levels. The site would be restored, using both subsoil and topsoil from the site and importation, to a condition fit for agricultural use.
1.3 The development would involve the excavation of 3,250 cubic metres of the old fill from a highpoint of the site and then redepositing these materials to a depth of 0.5 within a low lying area. A further 20,000 cubic metres of fill material would then be imported to the site and deposited to a depth of 1.8 metres to cover and cap the old fill. The waste materials would then be covered by 0.3 metres of soils.
1.4 It is anticipated that infilling and restoration of the site would be completed within six months. However, the application seeks a period of three years within which to complete the project, in order allow for fluctuations in the sourcing of fill material. The proposed hours of operation of the site would be 07:30 hours to 17:00 hours Monday to Friday and 07:30 hours to 13:00 hours on Saturdays, with no operations on Sundays or Bank Holidays.
1.5 Access and egress to the site would be gained via the existing farm access in the southeast corner of the site on to the A426. The development would require around 2,000 loads of material in total. It is estimated that an average of 40 loads per day would be delivered to the site. This would fluctuate as suitable materials are sourced. The application states that all vehicles would arrive from the south turning left into the site and all vehicles would exit to the north, turning left out of the site. The applicant has offered to enter into a vehicle routing agreement.
2. Consultations
2.1 Rugby Borough Council – No objection subject to suitable conditions to cover issues of nature conservation, stipulation of the uses of accesses together with any relevant highway conditions, conditions to control waste brought to the site, and conditions requiring a comprehensive landscape scheme to be carried out following completion of the works. Such landscape scheme to include detailed treatments of the site boundaries and the site frontage to the highway.
2.2 Dunchurch Parish Council – No comments received.
2.3 Thurlaston Parish Council – No comments received.
2.4 Councillor G Collett – No comments received as at 7/4/2009.
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2.5 Museum Services – Recommend a number of conditions are imposed on any planning permission granted to ensure protection of existing trees, great crested newts and water quality of the pond.
2.6 Environment Agency – No objection subject to the imposition of conditions to protect the water environment and protected species.
2.7 DEFRA – No comments received.
2.8 Natural England – No objection subject to conditions covering, a great crested newt mitigation strategy, a landscape and ecological restoration plan, a drainage strategy to protect Toft Farm pond from polluted road run off.
2.9 Severn Trent Water Ltd – No objection to the proposal subject to a condition to ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.
3. Representations
3.1 None received.
4. Observations
Background
4.1 The application site, a low grade grazing field, is understood to have been the subject of historic mineral extraction and, in part, landfilled with domestic waste by Rugby Rural District Council in the 1950’s. The site has been poorly restored resulting in old glass, china and metals from the landfilling activity reappearing on the surface of the field.
Site and Surroundings
4.2 Toft Cottage Farm is a small agricultural holding located on the western side of the A426 midway between Dunchurch and Kites Hardwick. Each being approximately 1 kilometre to the north and south of the site respectively. Residential properties in the area are limited in number with the nearest, other than Toft Cottage Farm House, being 500 metres away. Draycot Water is located approximately 400 metres to the east of the application site. The predominant land use in the area is agriculture.
4.3 The field is a partial bowl shape, with some steeply sloping areas and low lying area which suffers from water logging. The field is generally unimproved grazing land. Parts of the site, particularly where waste can be seen on the surface are bare, not supporting grass. A small pond is located in the south- western corner of the site.
Regu/0409/ww4 5 of 9 Policy
4.4 Section 38(6) of the 2004 Planning and Compensation Act requires that planning applications are determined in accordance with the provisions of the Development Plan ‘unless material considerations indicate otherwise’.
4.5 The Development Plan consists of the Regional Spatial Strategy for the West Midlands and emerging Regional Spatial Strategy(Phase Two Revision), the ‘saved’ policies of the Warwickshire Structure Plan (WASP) adopted by the County Council in August 2001, and the Waste Local Plan for Warwickshire adopted by the County Council in August 1999, and the Rugby Borough Local Plan adopted July 2006.
4.6 The Regional Spatial Strategy(RSS) makes it clear that the Region must play its part in delivering targets set out in the National Waste Strategy. Policy WD1 sets out targets for waste management in the Region and seeks to reduce the proportion of industrial and commercial waste which is disposed of to landfill Policy WD3 identifies the criteria for the location of waste management facilities and seeks to restrict the granting of planning permission for new sites for landfill to proposals which are necessary to restore despoiled or degraded land, including mineral workings, or which are necessary to meet specific local need.
4.7 The Waste Local Plan for Warwickshire sets out policies relating specifically to waste development. Policy 1 of the Waste Local Plan sets out the general environmental considerations against which all waste related proposals must accord. The policy makes it clear that permission will not be given where the proposal would have: a significant adverse visual impact taking account of the landscape context; a significant adverse impact by reason of odour, noise and dust; and, give rise to traffic that would adversely affect highway safety. The policy also states that the extent to which the proposal satisfies the proximity principle will be taken into consideration.
4.8 Policy 3 of the Waste Local Plan relates specifically to landfilling and sets out the circumstances when landfill facilities will be approved. This includes, amongst other things, where the proposal secures the reclamation of contaminated or otherwise damaged land which the relevant district local plan has identified for a beneficial use, or for the restoration of mineral work. The policy makes it clear that proposals for the disposal of waste by landfilling, not falling within at least one of the particular circumstances identified within this policy, will be refused.
4.9 Planning Policy Statement 10 – Planning for Sustainable Waste Management adopts the National Waste Strategy of moving waste management up the ‘waste hierarchy’ focusing on reduction, reuse, recycling and composting as preferred waste management options with disposing as the last resort.
4.10 Paragraph 29 of PPS 10 says that in considering planning applications for waste management facilities, planning authorities should consider the likely impact on the local environment and amenity. Annex E sets out more specific locational criteria including; protection of water resources, visual intrusion, traffic and access, air emissions, odours, vermin, noise, litter, potential land use conflict, etc.
Regu/0409/ww4 6 of 9 4.11 Paragraph 2(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 effectively adds a statutory duty to have regard to PPS10: Planning for Sustainable Waste Management as well as certain other relevant policy objectives. Paragraph 2(1) requires planning authorities to have regard to the following objectives when determining planning applications relating to the recovery or disposal of waste:-
(a) Ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without:-
(i) Risk to water, air, soil, plants or animals; or (ii) Causing nuisance through noise or odours; or (iii) Adversely affecting the countryside or places of special interest;
(b) Implementing, so far as material, the national waste strategy (which in this context means PPS10).
4.12 Policy E1 of the Rugby Borough Local Plan states that all forms of development in the countryside, other than those in accordance with provisions elsewhere in the Local plan, will be resisted in order to preserve its character and to ensure that resources are protected. Policy E5 advises that all development proposals should respect and where possible enhance the quality and character of the area.
4.13 Policy GP3 of the Borough Local Plan states that planning permission will not be granted for development if there would be an unacceptable adverse impact on amenity of surrounding occupiers and refers specifically to noise, dust, odour and traffic.
4.14 The application site relates to land despoiled by previous mineral extraction and waste disposal which would benefit from improvement and restoration. The applicant states that the presence of waste materials, including glass, on the surface of the field presents a hazard to livestock and people. Although landfilling is now the last resort in terms of waste management option there will always be a need for landfill as a method of disposing of inert wastes that cannot be recycled. Furthermore, in this instance imported wastes would be put to a beneficial use to restore a degraded site to a beneficial use. The proposal therefore accords with the policies of the RSS and Waste Local Plan.
Environment and Amenity
Visual Impact
4.15 The application site is located immediately adjacent to the A426 behind a mature hedgerow which screens the site to a large degree. The site is currently degraded to some degree, although this does not result in any adverse visual impact outside of the field itself. The infilling operations would be visible from the public highway, although this would be largely restricted to fleeting glimpses from passing vehicles. In addition the works would be relatively short in timescale thus any impact is considered to be acceptable. The site would be restored to grazing with relatively minor changes to the ground levels.
Regu/0409/ww4 7 of 9 Therefore, the restored site would have no adverse impact upon the visual amenities of the area.
Dust
4.16 Landfilling of can generate dust, particularly during dry periods. The application states that in such periods materials would be damped down with water. This usually involves using a water bowser. The development is reasonably small in scale and time frame and in addition is remote from residential properties. Therefore, dust is unlikely to be a cause for complaint.
Odour
4.17 Adverse odour can arise when previously deposited waste is disturbed/excavated and additional waste is deposited on site. In this instance the existing waste deposited on site dates back to the 1950’s when domestic waste tended to contain less biodegradable waste which is generally the most odourous waste. In addition any biodegradable wastes should have fully decomposed since being deposited on site, thus odour is unlikely to be a problem. The additional inert waste that would be imported to the site would predominantly comprise of soils which would not be odourous.
Noise
4.18 The movement of HGV’s and plant around the site, tipping of material and earth moving operations would generate noise. However, the site is remote from residential properties and the development would be reasonably short in timescale, therefore noise is not likely to be a cause of complaint.
Traffic and Access
4.19 The existing farm access is satisfactory to accommodate the type and number of vehicles the development would generate. However, the existing visibility splay require improvement which could be secured by condition. A suitably worded condition is suggested.
4.20 Vehicles accessing the site would potentially travel through Dunchurch which falls within the Rugby Borough Air Quality Management Area. An air quality assessment submitted with the application concludes that any impact upon air quality resulting from the additional HGV’s generated by the development passing through Dunchurch would be insignificant.
4.21 Landfilling operation can result in mud and debris being deposited on the highway if poorly managed, particularly during poor whether conditions. The applicant states that landfilling operations would be restricted to April to October, which would limit this potential problem. Not withstanding this it is considered that appropriately worded condition should be imposed on any planning permission granted to prevent this from becoming a problem.
4.22 HGV’s accessing such developments can result in damage to the highway, particularly around site accesses. In order to remedy such eventuality it may be necessary for the applicant to enter into an agreement with the Highway Authority to ensure that any damage to the public highway as a result of traffic
Regu/0409/ww4 8 of 9 accessing and egressing from the application site is repaired at the cost of the applicant. This matter is dealt with as a note appended to the draft planning permission detailed in Appendix B.
Protection of Water
4.23 The materials proposed to be deposited on site would be inert. The site would operate under the provisions of an Environment Agency Exemption Certificate and therefore would need to be free from contamination. Therefore, contamination of ground water is unlikely. However, the application site is within 400 metres of Draycot Water and Severn Trent Water have requested a condition be imposed on any planning permission granted to ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution. A flood risk assessment submitted with the application concludes that the site is not affected by any form of flooding. Notwithstanding this a suitably worded condition is proposed to address the concerns of Severn Trent Water. The Environment Agency, Natural England and Museum Services similarly require drainage details to be agreed. This would be addressed by the same condition.
Protected Species and Habitat Protection
4.24 A great crested newt survey has established the presence of newts in a pond a short distance from the application site. Prior to works commencing on site the applicant would need to secure a licence from DEFRA to safely remove any newts that may have roamed on to the site. Notwithstanding this Natural England and Museum Services require a great crested newt mitigation strategy to be agreed to ensure protected species are not harmed. A suitably worded condition is suggested.
4.25 Museum Services require measures to be put in place to protect existing trees during the development. A suitably worded condition is proposed.
Restoration
4.26 The application site is currently degraded and would benefit from improvement. The site would be restored to agricultural use which would be in keeping with the character of the area.
PAUL GALLAND Strategic Director for Environment and Economy Shire Hall Warwick
1 April 2009
Regu/0409/ww4 9 of 9 APPENDIX A OF AGENDA NO.
Scale 1: 7500 Ref No. R1504/09CM007 Drawn Jan Stevens
Regulatory Committee - 21st April 2009
Subject Toft Cottage Farm - Infilling Reproduced from the Ordnance Survey map. With the permission of the HMSO Controller Licence No. 100019520. (c) Crown Copyright. Appendix B of Agenda No
Regulatory Committee – 21 April 2009
Toft Cottage Farm, Kites Hardwick – Infilling of Low Lying Area to Restore to Agricultural Use
Application No: R1504/09CM007
1. The development hereby approved shall be commenced no later that three years from the date of this permission.
Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby approved shall cease and the site restored on or before a date three years from the commencement of operations on site.
Reason: To ensure timely restoration of the site.
Pre-Commencement
3. The development hereby permitted shall not be commenced until written notification of operations commencing on site has been submitted to the County Planning Authority.
Reason: To ensure a satisfactory standard of development and timely restoration of the site.
4. The development hereby permitted shall not be commenced until drainage plans for the disposal of surface water, including the removal of suspended solids, has been submitted to and approved in writing by the County Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.
Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.
5. The development hereby permitted shall not be commenced until details of procedures to be put in place to ensure that the highway is maintained clean and free from mud and other deleterious materials throughout the period of the development. The procedures shall be implemented in accordance with the approved details throughout the period of the development.
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Reason: In the interests of highway safety and amenity.
6. The development hereby permitted shall not be commenced until details of measures to protect existing trees and hedgerows during the development have been submitted to and approved in writing by the County Planning Authority. Such details shall include barriers and buffer zones. The procedures shall be implemented in accordance with the approved details throughout the period of the development.
Reason: To ensure the protection of existing trees during development.
7. The development hereby permitted shall not be commenced until a great crested newt mitigation strategy has been submitted to and approved in writing by the County Planning Authority. The plan must include details of mitigation measures to ensure that no individuals are harmed, and must specifically include the fencing of the proposed works. The plan must also include details of habitat creation or enhancement for newts within the adjoining land, and monitoring of the population. The mitigation strategy must thereafter be implemented in full.
Reason: To ensure that protected species are not harmed by the development.
General Operations
8. The development hereby permitted shall be carried out in accordance with the details submitted with application reference no. R1504/09CM007 and in accordance with the approved plans ref. GPP/SP/KH/09/01, GPP/SP/KH/09/02, ASC.06.441, ASC.06.164 and ASC.06.165, unless otherwise agreed in writing by the County Planning Authority.
Reason: In order to define the exact details of the planning permission granted and to secure a satisfactory standard of development.
9. No waste other than inert waste materials shall be imported to the site.
Reason: In order to ensure a satisfactory standard of development.
10. Except as may otherwise be agreed in writing by the County Planning Authority, no operations or uses authorised by this permission (including the maintenance of vehicles and plant) shall be carried out other than during the following times:-
07:30 - 1700 hours Monday to Friday 07:30 to 13:00 hours Saturdays
No operations would take place on Sundays and Bank Holidays.
Reason: In the interests of the amenities of the nearby residents.
11. Plant and machinery shall not be used at the site unless it is silenced at all times in accordance with the best practicable standards.
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Reason: In order to safeguard the amenities of the nearby residents.
12. No development shall take place unless all necessary measures to prevent or minimise the raising of dust have been adopted. These measures shall include:
(i) All haul roads within the site (including vehicular access road) shall be laid out and maintained in a clean and serviceable condition.
(ii) A water bowser shall be used to damp down access and haul roads and the operational filling area shall be damped down as often as weather conditions render this necessary.
(iii) Methods for controlling dust during soil and overburden movement, including the suspension of operations during weather conditions likely to give rise to uncontrollable dust generation which would be likely to be carried beyond the boundary of the site.
Reason: In order to safeguard the amenities of nearby residents.
Soils
13. No topsoil, subsoil or overburden shall be removed from the site.
Reason: To ensure a satisfactory standard of restoration.
14. Unless otherwise approved in writing by the Local Plan Authority the full depth of the topsoil and subsoil shall be stripped and stored for use in restoration of the site.
Reason: To ensure a satisfactory standard of restoration.
15. No soils shall be stripped or removed except when the full depth of soil to be stripped or otherwise transported is in a suitably dry and friable condition. Conditions shall be sufficiently dry for the top soil to be separated from the subsoil without difficulty ad the ground is suitably dry to allow the passage of heavy goods vehicles and machinery over it without damage to the soils.
Reason: In order to ensure proper separation of soils and preserve soil quality.
16. Top and sub-soils shall be stripped and stored separately. Any overlap of soil types within a mound shall be the minimum necessary to form that mound and the interface shall be clearly recorded on a plan.
Reason: To ensure the integrity of the soils.
17. Prior to any part of the site being excavated or traversed by heavy machinery (except for the purpose of stripping that part or storing topsoil on that part) or used for the stacking of subsoil, all available top soil shall be stripped from that part.
Regu/0409/ww4b B3 of 6 Reason: To ensure the integrity of the soils.
Access and Protection of the Public Highway
18. No access shall be used by vehicles entering and leaving the site for purposes connected with the development hereby approved except from the existing access to the farmhouse and buildings onto the A426.
Reason: In the interests of highway safety and residential amenity.
19. The site access shall be maintained in a good state of repair and kept clean and free of mud and other deleterious material at all times.
Reason: In the interests of highway safety.
20. No mud or deleterious material shall be deposited on the public highway. In the event that material is inadvertently deposited it shall be removed immediately.
Reason: In the interests of highway safety.
21. No loaded lorries shall enter or leave the site unless they are sheeted or the load is otherwise adequately secured.
Reason: In the interests of highway safety and to protect the amenity and health of those who may be exposed to dust from vehicle movements.
Restoration
22. Site restoration levels shall be in accordance with plan ref: ASC.06.165.
Reason: To ensure satisfactory restoration of the site.
23. All operations involving soil replacement and treatments shall be carried out when the full volume of soil involved is in a suitable dry and friable condition to minimise soil damage.
Reason: To ensure the integrity of soils.
24. All reasonable precautions shall be taken so as to prevent the mixture of topsoil and sub-soils with other material.
Reason: To ensure the integrity of soils.
25. Upon completion of soil placement the site shall be seeded with a grass seed mix.
Reason: To ensure satisfactory restoration of the site.
Regu/0409/ww4b B4 of 6 Development Plan Policies Relevant to this Decision
Regional Spatial Strategy
(i) Policy WD1 sets specific minimum targets for the recycling or composting of household waste until 2015.
(ii) Policy WD3 details criteria for the location of waste management facilities.
Warwickshire Waste Local Plan –Adopted August 1999
(i) Policy 1 – General Land Use. This policy seeks to promote Recycling/Reuse facilities that do not have a detrimental effect on its surroundings.
(ii) Policy 3 – Landfilling. This policy sets out the circumstances in which landfilling will be permitted.
Rugby Borough Local Plan – July 2006
(i) Policy E1 – Development in the Countryside. This policy details the forms of development that will be permitted in the countryside.
(ii) Policy GP3 – Protection of Amenity. This policy states that planning permission will not be granted where development would have an unacceptable adverse impact.
Reason for the Decision to Grant Permission
The proposal is acceptable in land use and amenity terms and would allow a degraded site to be satisfactorily restored. There are no contrary material considerations to indicate that the application should be refused.
Notes
You are advised that it may be necessary to enter into an agreement with Warwickshire County Council under the provisions of Section 59 of the Highways Act 1980 in order to ensure that matters relating to damage to the public highway are dealt with as part of the discharging of the planning conditions relating to this development. To obtain this further advice on this matter you are advised to contact the relevant WCC Highways Area Team on 01926 412515.
Care should be taken when clearing the ground prior to development. If any evidence of reptiles is found, work should stop while Warwickshire Museum Ecology Unit or Natural England is contacted. Section 9 of the Wildlife and Countryside Act 1981 makes it an offence to intentionally or recklessly kill or injure reptiles, and they are priority UK BAP species.
Care should be taken when clearing the ground prior to development and if evidence of badgers is found work should stop while Warwickshire Museum Ecology Unit or Natural
Regu/0409/ww4b B5 of 6 England are contacted. Badgers and their setts are protected under the 1992 Badgers Act and it is illegal to carry out work which may disturb badgers without licence from Natural England. Further information about species licensing and legislation can be obtained from the Species Licensing Service.
Work should avoid disturbance to nesting birds. Birds can nest in many places including buildings, trees, shrubs, dense ivy and bramble/rose scrub, as well as on the ground. Nesting birds are protected under the 1981 Wildlife and Countryside Act. The main nesting season extends approximately from March to September, so work should ideally take place outside these dates if at all possible. N.B. birds can nest at any time, and the site should ideally be checked for there presence immediately before work starts, especially if during the breeding season.
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