Mr Tim Hickling MRTPI MCMI
Head of Planning
Rother District Council
Town Hall
BEXHILL
TN39 3JX Fao Mr R Wilson
date
please contact our ref your ref
Amanda Parks RR/525/CM RR/2007/3025
Lewes (01273) 481846 AR/AP
Direct Fax (01273) 479040
Dear Mr Hickling
town and country planning act 1990
application No: RR/525/CM - The landfilling of non-inert, non hazardous wastes in the Northern Quadrant including revisions to phasing, restoration and surface water management schemes permitted in accordance with permission RR/343/CM.Pebsham Landfill, Freshfields, Bexhill Road, Pebsham. (Within land edged red on applicants plan no. 00190-2)
At their meeting on 10 September 2008 the Planning Committee of the Regulatory Committee on behalf of the County Council resolved to grant permission for the above mentioned application subject to conditions set out on the attached Decision Notice.
Would you please accept this letter in conjunction with the Plan(s) listed below, as formal notification of the development for the purpose of your Register of Planning Applications and Decisions.
Approved Plan(s) numbered: PWRS2 - Progressive & Restoration Scheme 2009/10, PWRS1 - Progressive & Restoration Scheme 2008/9, PWRS3 - Final Restoration - end of 2011, 00190-1 - Site Location Plan, 00190-2 - Planning Application Boundary, 0190-3 - Site Layout, 00190-8 - Cell layout, 00190-9 - Installation Details, 00190-10 - Leachate Management, 00190-11 - Gas Management Details, 00190-12 - Permanent Surface Water Management Plan, 00190-13 - Pre-settlement Contours
Yours sincerely
Peter Earl
Team Manager, Planning Development Control
Copies to: L. Stringer - Highway Authority
Planning Liaison Officer - Environment Agency - for information
Mr W Ryan, SLR Consulting Limited - Agent
EAST SUSSEX COUNTY COUNCIL
TOWN AND COUNTRY PLANNING ACT, 1990
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
______
To :- / Biffa Waste Services Ltdc/o Mr W Ryan
SLR Consulting Limited / County Ref. No.: RR/525/CM
M215, Cardiff Bay Business Centre
Lewis Road
Cardiff
CF24 5EJ / District Ref. No.: RR/2007/3025
In pursuance of their powers under the above-mentioned Act and Order, the Council as the local planning authority hereby GRANT PLANNING PERMISSION for The landfilling of non-inert, non hazardous wastes in the Northern Quadrant including revisions to phasing, restoration and surface water management schemes permitted in accordance with permission RR/343/CM. Pebsham Landfill, Freshfields, Bexhill Road, Pebsham. in accordance with your application validated by the East Sussex County Council on 18 October 2007 and the plans and particulars submitted in connection therewith and subject also to due compliance with the condition(s) specified hereunder:-
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. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no new buildings, plant or fixed machinery shall be erected anywhere on the application site without the prior written consent of the Director of Transport and Environment.
Reason: To enable the Waste Planning Authority to control and regulate the development at the site.
3. The tipping of waste materials at the Pebsham Landfill site shall not exceed the contour levels shown on drawing reference P2030400 (dated 14-10-02) and Drawing number 00190-13 (dated 02-08-07), unless otherwise agreed in writing with the Director of Transport and Environment.
Reason: In the interests of achieving the approved final restoration levels at the site in the interests of the amenity of the locality and the implementation of the Countryside Park.
4. The restoration of the Pebsham Landfill site shall be carried out in accordance with the details submitted as part of application RR/525/CM, including the progressive restoration of the site (under Drawing Numbers PWRS1 and PWRS2) and the final restoration of the site (under Drawing Number PWRS3), unless otherwise agreed in writing with the Director of Transport and Environment.
Reason: To secure an appropriate restoration of the landfill in the interests of the amenity of the locality and the implementation of the Countryside Park.
5. No development shall take place until a detailed aftercare and management plan for the Pebsham Landfill site, which shall include timescales for its implementation and provision for the publication of an annual aftercare monitoring report, has been submitted to and approved in writing by the Director of Transport and Environment. The approved plan shall be implemented in full.
Reason: In the interests of the amenity of the locality and the implementation of the Countryside Park.
6. No development shall take place until details have been submitted to and approved in writing by the Director of Transport and Environment for the proposed environmental compound at the Pebsham Landfill site. The approved details shall be carried out in full.
Reason: To enable the Waste Planning Authority to control and regulate development at the Pebsham Landfill site.
7. Except in an emergency, there shall be no tipping or associated activities, including works for restoration and landscaping other than at the following times:
a. On Mondays to Fridays between 08.00 and 18.30 hours;
b. On Saturdays from 07.30 to 11.30 hours;
c. On Bank and Public Holidays no waste shall be recived other than waste from Household Waste Sites within the County and collected Household Waste which shall be received only between the hours of 09.00 and 18.30;
d. On Sundays no waste shall be received other than from Household Waste Sites between the hours of 09.00 and 12.30.
Reason: In the interests of the amenity of the locality, in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
8. Except in an emergency, maintenance of plant, vehicles and machinery shall only take place between the hours of 07.30 and 18.30 Mondays to Fridays and 07.30 to 11.30 on Saturdays and no such activity shall take place on Sundays, Bank and Public Holidays.
Reason: In the interests of the amenity of the locality, in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
9. No development shall take place until details of a scheme for the provision and implementation of a sustainable drainage system (SuDS) for the Pebsham Landfill site have been submitted to and approved in writing by the Director of Transport and Environment. The scheme shall include a timetable for implementation, measures for ecological enhancement and details of any temporary surface water management arrangements. The approved scheme shall be implemented and maintained in full.
Reason: To secure an appropriate surface water drainage system for the site in the interests of flood minimisation and biodiversity, in accordance with Policy WLP37 of the East Sussex and Brighton & Hove Waste Local Plan 2006 and Policy EN18 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.
10. The landfill gas collection system approved on 13 August 2001 shall continue to be implemented at the Pebsham Landfill site in conjunction with the details submitted as part of application RR/525/CM. No additional works to the approved landfill gas collection system shall be carried out without the prior written consent of the Director of Transport and Environment.
Reason: To enable the Waste Planning Authority to control and regulate the development at the site, in the interests of the amenity of the locality, in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
11. The details submitted on leachate management under application RR/525/CM shall be carried out in conjunction with the existing leachate management scheme at the Pebsham Landfill site, unless otherwise agreed in writing with the Director of Transport and Environment. No additional works to the approved leachate management system shall be carried out without the prior written consent of the Director of Transport and Environment.
Reason: To provide for the proper development at the site.
12. There shall be no importation of waste from outside the Waste Local Plan area (i.e. the administrative areas of East Sussex County Council and Brighton & Hove City Council) to the Pebsham Landfill site.
Reason: To enable the Local Planning Authority to regulate and control the use of the site in compliance with Policies WLP1, WLP2, WLP20 and WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006, and Planning Policy Statement 10.
13. No material of any kind shall be burnt within the site.
Reason: In the interests of the amenity of the locality, in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
14. Wheel washing facilities shall be provided and maintained in working order at all times at the site throughout the duration of the development and shall be used by any vehicle carrying mud, dust or other debris on its wheels before leaving the site. No vehicle associated with the development shall leave the site carrying mud, dust or debris.
Reason: In the interests of highway safety and the amenity of the locality in accordance with Policy WLP35 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
15. There shall be a minimum distance of 20 metres from the Northern Quadrant development to the boundary of the Combe Haven SSSI and no development shall take place within the Combe Haven SSSI.
Reason: To protect the SSSI from damage in accordance with Policy EN17 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.
16. The use of the Pebsham Landfill site for the tipping of waste materials shall cease upon completion of tipping and all buildings and structures shall be removed within six months of the completion of tipping operations except for the electricity generating plant and the long term landfill gas and leachate extraction systems and associated structures.
Reason: To secure the restoration of the site to facilitate the implementation of the Countryside Park.
17. No sewage or trade effluent (including vehicle wash or vehicle steam cleaning waters) shall be discharged to any surface water drainage system.
Reason: To protect watercourses from pollution.
18. Any fuel, oil, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse or aquifer. For any liquid other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain the equivalent of 110% of the total contents of all containers and and associated pipework. The floor and walls of the bunded areas shall be impervious to both oil and water. All pipes shall vent downwards into the bund.
Reason: To protect watercourses from pollution.
APPROVED PLANS
PWRS2 - Progressive & Restoration Scheme 2009/10, PWRS1 - Progressive & Restoration Scheme 2008/9, PWRS3 - Final Restoration - end of 2011, 00190-1 - Site Location Plan, 00190-2 - Planning Application Boundary, 0190-3 - Site Layout, 00190-8 - Cell layout, 00190-9 - Installation Details, 00190-10 - Leachate Management, 00190-11 - Gas Management Details, 00190-12 - Permanent Surface Water Management Plan, 00190-13 - Pre-settlement Contours
The Development Plan policies of relevance to this decision are:
Regional Planning Guidance for the South East (RPG9) – Waste and Minerals, June 2006: Policies: W5 (targets for diversion from landfill); W13 (landfill requirements); W14 (restoration); W17 (location of waste management facilities).
East Sussex and Brighton & Hove Structure Plan 1991-2011: Policies: S10 (countryside); TR3 (accessibility); EN7 (urban fringe areas); EN11 (water quality); EN13 (air quality); EN17 (nature conservation).
East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (strategy); WLP6 (expansions or alterations to existing facilities); WLP20 (landfilling – non-inert waste); WLP22 (landfill gas); WLP35 (amenity); WLP36 (transport); WLP37 (flood plains and surface water runoff); WLP38 (surface and groundwater).
Rother District Local Plan 2006: Policies: DS5 (strategic gaps); GD1 (development criteria); BX4 (countryside park).
Reasons for Approval
The proposal is to substitute the landfilling of inert with non-inert waste in the northern quadrant, with an estimated 4 year period of works, including revisions to the phasing, restoration and surface water management schemes for the landfill. The proposed development would be carried out in accordance with the existing procedures at the site.
As well as the requirement for planning permission, the proposal is subject to a PPC Permit from the Environment Agency, which will cover matters such as effects to groundwater and pollution control.
Although there is a general move away from disposing of waste to land, there is still a requirement for landfill capacity within the Plan area. This is particularly important, as existing disposal facilities are shortly to close and there are no alternative facilities which are due to become operational in the short term. Consequently, the proposal accords with Policy W13 of RPG9 and Policies WLP6 and WLP20 of the East Sussex and Brighton & Hove Waste Local Plan.
The landfilling of the NQ would provide for much needed disposal capacity for non-inert waste, particularly for the commercial and industrial sector. It would also allow the landfill to be restored within a much shorter time frame than that which could be achieved with inert waste, thereby enabling its earlier integration into the Countryside Park, in accordance with Policy BX4 of the Rother District Local Plan.
The NQ is in close proximity to the Combe Haven SSSI and has the potential to cause adverse effects. However, the NQ will be fully contained and be subject to the controls of the PPC Permit, which is yet to be issued. Providing the engineering requirements of the PPC Permit are carried out, it is likely that there would be no adverse effects to the SSSI, in accordance with Policy EN17 of the Structure Plan, Policy WLP35(e) of the Waste Local Plan and Policy GD1(vii) of the Rother District Local Plan. Moreover, a sustainable drainage system is proposed to accommodate surface water across the whole landfill, in accordance with Policy WLP37 of the Waste Local Plan.
Vehicle movements associated with the NQ development will be reduced compared to current levels and it will be unlikely that there will be a further loss of amenity in the locality resulting from landfilling operations, in accordance with Policy WLP35 of the Waste Local Plan.