Planning Committee Agenda Item No

Planning Committee Agenda Item No. 4 10th February 2009 Waste Planning Application, accompanied by an Environmental Statement, submitted by Veolia ES Landfill Limited Development of a non-hazardous, non-inert waste landfill site at Rock Common Quarry, Washington, West Sussex Application No: DC/401/07(WS) Report by Divisional Manager (County Development) Local Member: Mr Frank Wilkinson District: Horsham (Mr Colin O’Neill - acting) Executive Summary This report concerns a planning application (DC/401/07(WS)) submitted by Veolia ES Landfill Ltd for the development of a non-hazardous, non-inert waste landfill site at Rock Common Quarry, Washington. The application was submitted in January 2007 accompanied by an Environmental Statement (ES) as required by the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999. The County Council requested that additional information in support of the application be submitted under the EIA Regulations in September and December 2007. Veolia submitted an Environmental Statement Regulation 19 Response (supplementary environmental information) in July 2008 and a further submission in October 2008 proposing revisions to the development scheme. The report provides a generalised description of the site and a detailed account of the proposed landfilling operations and subsequent restoration proposals for the site. It is anticipated that the landfill operations will commence in 2009, subject to cessation of current mineral extraction, and will be completed by 2035. The landfill operations would be carried out in a minimum of 10 phases. It is estimated that the site will be capable of handling 7.3 million m3 or approximately 5.5 million tonnes of waste over a 26 year period (2009 to 2035), which equates to an approximate rate of fill of 212,000 tonnes per annum. The site is not allocated for waste disposal in the revised deposit draft West Sussex Waste Local Plan and waste would be deposited below the natural water table of a major aquifer. The policy framework from national to local level, which governs developments of this kind, is set out in detail. National policy seeks an increase in diversion away from landfill and adopted and emerging regional policies set out the requirement for new non-hazardous, non-inert landfill sites in West Sussex. Emerging local policies establish the need for new waste management facilities, to allocate sites, and set out criteria for assessing site suitability for waste disposal operations. Environmental resources are also protected by existing and emerging regional and local planning policies, including landscape character, and water quality. Policies also seek to prevent pollution and protect general public amenity. The views of consultees are set out and include comment upon the full range of matters to be considered. The proposals have raised two significant objections from the Environment Agency (EA) on the grounds of its potential impact on groundwater resources and the absence of an acceptable Flood Risk Assessment. Other consultees have also raised formal objections to the proposals on a number of grounds including the prematurity of the application pending the allocation of sites in the Minerals and Waste Development Framework; the lack of need for further landfill capacity within the County; the loss of the exposed quarry cliff face; visual impacts on the Sussex Downs Area of Outstanding Natural Beauty (AONB); impact on groundwater; volume of traffic; and impacts on public amenity. Representations from members of the public raised concerns about the ‘need’ for additional landfill; impact on groundwater and surface water quality; flood risk; impact on the health and amenity for local residents; impact on the continued viability of local businesses; impact from increased traffic levels and congestion; visual and landscape impact; impact on historic heritage; impact on geology; impact on ecology; and cumulative impacts. Consideration of Key Issues The two principal planning matters to be considered in respect of this application are: • the need for additional non-hazardous, non-inert waste landfill capacity within West Sussex to meet future waste management obligations; • and the site's suitability for landfilling operations taking account of its potential environmental impacts and when considered against planning policies. Need for Additional Non-inert Landfill Capacity There is need to address a shortfall in non-inert landfill capacity in the County and the Council continues to update the evidence base. Under all the forecast scenarios, there is a projected shortfall in capacity. The extent of the shortfall varies but Rock Common Quarry could contribute substantially to meeting the shortfall. There is, however, a potential danger of oversupply if a substantial increase in recycling and the treatment of commercial and industrial waste to 2026 was to be achieved. It is necessary to consider the extent to which need is overriding and in so doing assess the risks and the significance of the environmental impacts likely to arise from proposed landfilling operations at Rock Common Quarry. These matters are discussed further in the main report but when viewed against the EA’s position it is unlikely that need will override risk. This is the application of the 'precautionary principle'. Site Suitability for Landfilling Operations The potential significant environmental impacts of the scheme fall into three broad categories (A-C): (A) significant environmental effects which, as a matter of policy principle, are judged unacceptable and justify planning refusal; (B) environmental effects, the significance of which cannot be given proper consideration because of a lack of adequate assessment within the ES); and (C) significant environmental effects which have been adequately assessed within the ES and which can be adequately mitigated, compensated for, or controlled, to reduce any potential impacts to within acceptable limits. (A) Unacceptable significant environmental effects Impact on Groundwater Quality It is considered that on the EA’s advice and with reference to the inadequacy of the information submitted, non-hazardous, non-inert waste disposal at Rock Common Quarry is not in the long-term public interest because of the scale of potential risk of significant adverse impacts on groundwater and, as a matter of principle, a precautionary approach should be applied and the application refused. The development is considered contrary to PPS10, PPS23 and Policy NRM2 of the draft South East Plan, Policy ERA5 of the West Sussex Structure Plan, and Policy G4 of the Revised Deposit Draft Waste Local Plan Deposit Draft. If the application is refused and the decision is challenged at appeal, consideration of the EA’s landfill location policy, which objects to proposed landfilling on or in a major aquifer as a matter of principle, would represent a national ‘test case’. In such circumstances, the County Council would be heavily reliant on the evidence the EA presented to the inquiry in support of its case. The EA has indicated its support in this matter. (B) Environmental effects inadequately assessed in the Environmental Statement Flood Risk Assessment (FRA) The application is not accompanied by an adequate FRA and, therefore, it fails to meet the requirements of PPS25 and cannot be properly assessed against the requirements of Policy NMR4 of the draft South East Plan, Policy ERA4 of the West Sussex Structure Plan, and Policy G3 of the Revised Deposit Draft Waste Local Plan. Hydrogeological Impact Assessment (HIA) The HIA provides insufficient assessment of the environmental impact of the proposed dewatering operations at the site. In particular, it fails to assess the implications for the water quality, including ecology, and net flows of the Honeybridge stream when dewatering ceases at the site. On this basis, the application cannot be properly assessed against the requirements of Policy NRM1 of the draft South East Plan, Policies ERA2 and ERA5 of the West Sussex Structure Plan, and Policies G2, G3 and G4 of the Revised Deposit Draft Waste Local Plan. Impact on Mineral Resources The ES fails to adequately assess the impact of the proposed development on remaining mineral resources within the quarry, and those know to exist to the west of the site, with reference to minerals planning policy. It also creates uncertainty as to how the transitionary period between mineral extraction and commencement of landfilling operations would be managed. In the absence of clear statements and supporting information within the ES, the application cannot be properly assessed against the requirements of MPS1, (paragraph 9 and 13), Policy M5 of the draft South East Plan, Policy ERA6 of the West Sussex Structure Plan, Policy 2 of the Minerals Local Plan (2003). Pre and Post-Settlement Rates and Resultant Landform Insufficient information is provided to enable the robustness of the 15% settlement rate assumed for this site to be properly assessed and justified. Furthermore, there are no proposals to monitor actual settlement rates as phased operations progress. On this basis, the application cannot be properly assessed against the requirements of Policy W14 of the draft South East Plan, Policy LOC2 of the West Sussex Structure Plan, and Policy G10 of the Revised Deposit Draft Waste Local Plan. Site Access Insufficiently detailed revised drawing and plans have been submitted showing the repositioned site access and appropriate topographical surveys have

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