Agenda Item No.
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
WEDNESDAY 28 MARCH 2012 AT 10.00 AM
2
EAST HERTS DISTRICT - APPLICATION FOR THE PROPOSED RE- RESTORATION
OF PART OF THE FORMER WATERFORD LANDFILL SITE BY IMPORTATION OF
INERT MATERIALS AT THE WATERFORD LANDFILL SITE, BRAMFIELD LANE,
WATERFORD, STAPLEFORD / BRAMFIELD, NR HERTFORD, SG14 2QE.
Report of the Director Environment and Commercial Services
Author:
Conor Guilfoyle
Tel: 01992 588 670
Local Member: Bryan Hammond
Adjoining local Member: Peter Ruffles
1
Purpose of Report
1.1
To consider planning application ref. 3/0518-11 for the proposed re-restoration of
part of the former Waterford Landfill site by importation of inert materials at the
Waterford Landfill Site, Bramfield Lane, Waterford, Stapleford / Bramfield,
nr Hertford, Hertfordshire, SG14 2QE.
2
Summary
2.1
The application site is located approximately one mile north-west of Hertford and
close to Waterford. The former Waterford Landfill site comprises 43 hectares.
The application site covers approximately 15 hectares of the former landfill.
2.2
The levels found across the application site have been affected by differential
settlement which has caused changes in levels across the application site. The
site is predominantly rough grassland and dense scrub.The area is unable to be
used for the intended agricultural afteruse and has become unmanageable with
surface water collecting in the lower areas during periods of heavy rain, hindering
the use of the land for agricultural purposes other than grazing.
2.3
The application seeks to re-restore part of the former landfill site through the
importation of 85,000 cubic metres of inert non-hazardous material over an
eighteen month period.
2.4
The restoration works proposed are sought in order to bring the land back to a
productive agricultural land use. The majority of the application site would be
restored to arable use, with the remainder featuring a species-rich hay meadow.
2.5
The infill material would be used to raise the levels of the land to ‘tie’ the
application site and adjoining land together, allowing for the creation of a gentle
roll in the landscape.
2.6
The proposed landform contouring would facilitate drainage and ensure that new
contour lines take surface water run-off away from productive land to existing
open field ditches.
3/0518-11 (CM0075)
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2.7
The application seeks to produce landscape, ecological and amenity benefits by
creating a network of new habitat features. Upon completion of the restoration,
the new habitats are proposed to be managed in accordance with an aftercare
plan for a period of five years. Details of the suggested aftercare arrangements
for the two after-uses (agriculture and woodland/hedgerows) have been
submitted with the application.
2.8
The application proposes that 32 daily heavy goods vehicle (HGV) movements
would be required to transport the necessary material to the site. All material
would be transported via the existing access off Tattle Hill Road. Vehicles would
travel to and from the Hertford direction, to prevent vehicles travelling towards
Tewin or along Bramfield Lane into Waterford.
2.9
The proposed hours of operation are between 07:30 am and 17:00 pm on
Mondays to Fridays and between 07:30 am and 12:00 pm on Saturdays. No
operations are proposed to take place on Sundays or Public or Bank Holidays.
3
Conclusion
3.1
The nature and purpose of the proposed works, together with the benefits they
would provide to the character and use of the land, are considered significant
enough to outweigh the impact of the proposal on the openness of the Green
Belt, and any other harm, for the temporary period of eighteen months.
Accordingly, the proposal is considered acceptable in light of PPG2 and policy
GBC1 of the East Herts Local Plan. The Environment Agency is satisfied that the
proposed works would not introduce additional contamination or flood risk
measures, subject to the inclusion of two suggested conditions. Additionally, the
proposal includes measures to improve the drainage of the site and seeks to
address existing flooding issues at the site. The impact of the proposal on the
highway network could be managed through the use of appropriate planning
conditions which could address issues raised during consultation. In light of the
details included with the application, including additional survey work undertaken
and the creation of new ecological habitats, the proposal is considered
acceptable in terms of the impact on ecology. The proposed hours of operation
could be altered to allow works to start later in the morning to prevent harm to
residential amenity.
3.2
The report therefore concludes that the Director Environment and Commercial
Services should be authorised to grant planning permission subject to referral to
the Secretary of State as a departure from green belt policy for the proposed rerestoration of part of the former Waterford landfill site by importation of inert
materials at the Waterford Landfill Site, Bramfield Lane, Waterford, Hertford,
Hertfordshire, SG14 2QE, subject to the following conditions;
1. Time limit for commencement of development.
2. Approved plans and documents.
3. Hours of operation from 08:00am – 17:30pm Mondays to Fridays, 08:00am12:30pm Saturdays and no operations on Sundays or on Public/Bank
Holidays.
4. Development shall be completed within eighteen months from the
commencement of development.
5. Notification of commencement of development
6. A scheme of working shall be submitted to, and approved in writing by the
Minerals Planning Authority and implemented in full.
7. There shall be no more than 32 Heavy Goods Vehicle movements travelling
to and from the site (16 in, 16 out) during one working day.
3/0518-11 (CM0075)
Page No 2
8. One way entry and exit of vehicles to and from the site.
9. Measures shall be undertaken for all vehicles leaving the site during
restoration of the site are in a condition such as not to emit dust or deposit
mud, or other debris on the highway.
10. Limit of 85,000 tonnes of material to be received to infill the site unless
otherwise agreed in writing by the Waste Planning Authority
11. Five year aftercare scheme for the two after uses; agriculture and
woodland/hedgerows
12. Only waste types of an inert nature will be accepted onto the site for
disposal.
13. Development shall not commence until a surface water management
scheme has been submitted to, and approved in writing by the Waste
Planning Authority.
14. The contouring of the final layer of the deposited material shall conform to
the levels in the approved restoration plan, drawing number ‘P5 / 158 / 16 /
D’.
15. Before the fill material in any area of the site is within 1 metre of the final
levels, markers shall be set up in that area to show the final levels of fill
material, overburden and soil respectively. The site operator shall give the
Waste Planning Authority written notice, within no less than 3 working days,
that filling within any area of the site is approaching 1 metre of final levels.
16. On completion of infilling, subsoil and topsoil shall be spread over the filled
area to an even depth so as to conform to levels as shown on approved
drawing number ‘3204/M10-1879A, REV2’ (Restoration Master Plan). The
final (top) 1 metre of fill shall be kept free from any material which may
damage cultivation machinery or interfere with the subsequent forestry use.
Prior to topsoiling, the area shall be thoroughly ripped with a winged
subsoiler to a depth of 300mm at a time spacing of no more than 450mm
and then at a depth of 600mm. All rocks, stones and other solid objects in
excess of 75mm in diameter on the surface following ripping shall be
removed.
17. No topsoil, subsoil or overburden shall be removed from the site.
18. Topsoil and subsoil shall only be handled when they are dry and friable and
only between the period of May to September, unless it is demonstrated to
the Waste Planning Authority that operations can take place outside this
period.
19. All vehicles, plant and machinery operated within the site shall be
maintained and fitted with and use effective silencers, unless otherwise
approved in writing by the Waste Planning Authority.
20. No access points other than the existing access located off Tattle Hill Road
to be used by vehicles connected with the development.
21. No floodlights shall be used on site without prior written agreement of the
Minerals Planning Authority.
4
Description of the site and proposed development
4.1
The application site is located approximately one mile north-west of Hertford and
close to Waterford. The former Waterford Landfill site comprises 43 hectares.
The application site covers approximately 15 hectares of the former landfill. The
site is located within the Green Belt and forms part of the Bramfield Plane
Landscape Area as defined by the Hertfordshire Landscape Character
Assessment.
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Page No 3
4.2
The application site is bounded to the north and northwest by gardens of a
residential property. The application area includes a former haul road which
extends to the north where it forms a former access to Bramfield Lane. The
western side of the site is bounded by Tattle Hill Road. Rough agricultural land
comprising restored areas of the landfill lies to the east of the site, beyond which
lie the limits of the village of Waterford are approximately 300 metres from the
application site. The south of the site is bounded by further areas of rough
agricultural land comprising restored areas of the landfill, beyond which playing
fields and further areas of woodland are located, including the Goldings
registered park and garden to the southeast.
4.3
The landfill site has been used since the 1940s initially as a quarry and later to
dispose of waste by landfill. Progressive restoration has taken place in
accordance with the requirements of a Section 52 Agreement signed in 1983 and
final restoration was completed in 1995. The restoration of the site has proved
problematic as a result of the differential settlement of the underlying waste
material.
4.4
The application site, and wider landfill site, feature woodland on the eastern
boundary, woodland on the southern boundary and 43ha of rough agricultural
land in other areas. The application site features a former haul road and
office/weighbridge area and areas that have experienced substantial settlement
(Hyde Field and Meadow Field). The site features clay soils with gravel over a
chalk aquifer.Access to the application site is proposed to be gained from Tattle
Hill Road, at the western boundary.
4.5
The levels found across the application site have been affected by differential
settlement and are lower than those found in the adjoining areas of landfill.
Differential settlement occurs where waste which has been landfilled breaks
down and settles by different amounts due to the varying nature of waste. The
waste gradually occupies less space and the overlying surface falls. Problems
occur where this settlement is uneven, a typical ‘egg box’ landform results. A
series of hills and dips. Drainage problems are a mojor feature with water
collecting seasonally in the dips and soils are not able to retain sufficent mositure
on the hills leaving crops seasonally without water. The unen surface also
present problems for normal agricultural machinery which cannot cope with the
variations in landform. Agriculture therefore performs poorly and establisihng a
sustainable afteruse is difficult. The resulting landform is therefore not consistent
with the gently undulating restored areas of landfill adjoining the application site.
The differential settlement which has caused changes in levels across the
application site have resulted in a predominant land use of rough grassland and
dense scrub.
3/0518-11 (CM0075)
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4.6
The sides of the former haul road within the application site currently feature
steep falls of approximately 4 metres, creating a valley feature. The steep sides
have been colonised by weeds and scrub, and the base of the road comprises
hard standing and gravel. This has resulted in an area which is unable to be used
for the intended agricultural afteruse and which has become unmanageable. The
area proposed for arable use (Hyde Field) and the meadow area has settled
lower than anticipated. Consequently, surface water collects in the lower areas
during periods of heavy rain, hindering the use of the land for agricultural
purposes other than grazing.
4.7
The application seeks to re-restore part of the former landfill site through the
importation of 85,000 cubic metres of inert material over an eighteen month
period. The restoration works proposed are sought in order to bring the land back
to a productive agricultural land use, which would form part of a larger
agricultural land holding managed by the current farmer.
4.8
The majority of the application site would be restored to arable use, with the
remainder featuring a species-rich hay meadow which is anticipated to benefit a
wide range of invertebrate groups and wild birds. The application seeks to
produce landscape, ecological and amenity benefits by creating a network of new
habitat features (new hedgerows, native scrub woodland and open ground)
which would be integrated to link and expand on existing hedgerow and
woodland features. Grassland margins containing a mixture of grasses and
wildflower species would buffer the new and existing hedgerows and woodlands
and provide a habitat area for invertebrates, birds and small mammals.
4.9
The application states that the other areas of the former landfill, to the south and
east of the application site, are not considered as detrimentally affected by
differential settlement to warrant re-restoration. These areas comprise of a mix of
woodland and agriculture.
4.10 The infill material proposed would comprise of inert, non-hazardous waste from
construction and demolition sources, such as uncontaminated soils and rubble.
The materials allowed to be accepted at the site would be regulated by the
Environment Agency and subject to the requirements of their Environmental
Permitting regime.
4.11 This material would be used to raise the levels of the land with the aim of
creating a more gently undulating surface at levels similar to those found at the
adjoining land. The former haul road and office/weighbridge area and the
meadow would have the low areas raised from 71-72 metres to between 74-76
metres. The main area proposed for arable land restoration (Hyde Field) would
have the low areas raised from 72 metres to high areas of between 75 and 79
metres in height.
4.12 The land adjoining Hyde Field already features similar levels to those proposed,
allowing the application site and adjoining land to ‘tie’ together. The former landfill
area to the north-east of the site features levels of between 79 and 82 metres at
the highest point, slightly higher than the proposed levels for the meadow to the
south-west of this area, across the former haul road, allowing for the creation of a
gentle roll in the landscape.
3/0518-11 (CM0075)
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4.13 The proposed landform contouring would facilitate drainage and ensure that new
contour lines take surface water run-off away from productive land to existing
open field ditches. Where ground is restored (arable and hay meadow) it would
be made permeable to approximately 1 metre in depth. In addition, to further aid
surface water drainage it is proposed to develop new drainage ditches which
would feed into a soakaway to deal with the excess water.
4.14 It is proposed that the restoration works would comprise two phases, working
from the north and south of the site towards the centre of the site, and then
westwards to finish near the old site entrance on Tattle Hill.
4.15 Access would be gained from the existing routes through the site along the
former haul road, which would then be progressively filled in a southerly
direction, towards the redundant access on Tattle Hill. Mobile plant would be
used to carry out the works.
4.16 Soil handling operations are proposed to be carried out in accordance with best
practice guidelines as set out in the application documents.
4.17 Upon completion of the restoration, the new habitats are proposed to be
managed in accordance with an aftercare plan for a period of five years. Details
of the suggested aftercare arrangements for the two after-uses (agriculture and
woodland/hedgerows) have been submitted with the application.
4.18 The application proposes that 32 daily heavy goods vehicle (HGV) movements
would be required to transport the necessary material to the site. The application
states that vehicle movements would be spread evenly throughout the day, with
peaks unexpected.
4.19 No new highway access is proposed. All material would be transported via the
existing access off Tattle Hill Road. In order to ensure debris is not carried onto
the public highway, the application includes providing for a wheel cleaning facility
for vehicles existing the site and includes proposals to cut back vegetation at the
site boundary to ensure adequate visibility splays can be achieved at the site
access. The application also proposes regular sweeping of the road, limited
speeds for vehicles travelling to and from the site, and provision of a one way
entry and exit to and from the site, from the Hertford direction, to prevent vehicles
travelling towards Tewin or along Bramfield Lane into Waterford.
4.20 The proposed hours of operation are between 07:30 am and 17:00 pm on
Mondays to Fridays and between 07:30 am and 12:00 pm on Saturdays. No
operations are proposed to take place on Sundays or Public or Bank Holidays.
4.21 Relevant Planning History
3/1861-97
Variation of condition 1 of pp 3/1764-96 (completion date)
3/1764-96
Variation of condition 1 of pp 3/1214-95 (completion date)
3/1214-95
Re-restoration of land
3/0518-11 (CM0075)
Page No 6
5
Consultations
5.1
East Herts District Council does not object to the proposal.
5.2
Hertfordshire County Council as Highway Authority does not object to the
application subject to the following conditions;
1) Best practical means shall be taken at all times to ensure that all vehicles
leaving the site during restoration of the site are in a condition such as not to
emit dust or deposit mud, slurry or other debris on the highway.
Reason: To minimise the impact of construction vehicles and to imporive the
amenity of the local area.
2) There shall be no more than 32 Heavy Goods Vehicle movements (16 in, 16
out) during one working day.
Reason: In the interest of highway safety.
5.3 Bramfield Parish Council does not object to the proposal but request that an
ecology search (presence or absence) of the area is carried out.
5.4 Stapleford Parish Council does not object to the proposal subject to the following
assurances;
 A restriction on vehicles travelling along Tattle Hill Road to and from
Hertford only, to prevent vehicle travelling along Bramfield Lane and into
Waterford.
 No time extension granted to the proposed timescale for the restoration
works to be carried out.
 No increase in the volume of material to be permitted.
5.5 Hertford Town Council does not object to the proposal subject to the following
conditions;


5.6
Appropriate routeing of vehicles from the Welwyn Road in Hertford and
along North Road, with no vehicles accessing the Tattle Hill and the site
via Windsor Drive in Hertford.
Full monitoring of all substances being brought into the site.
The Environment Agency does not object to the application subject to the
following conditions;
1. Only waste types of an inert nature will be accepted onto the site for disposal.
Reason: To protect groundwater. The site is in a highly vulnerable area within
the outer Source Protection Zone for Molewood Public Water Supply and is
currently contaminated
2. The development hereby permitted shall not be commenced until such time as
a surface water management scheme has been submitted to, and approved in
writing by, the local planning authority. The scheme shall be implemented as
approved.
3/0518-11 (CM0075)
Page No 7
Reason: The application form states that surface water run off will be dealt with
by way of soakaways. Soakaways through contaminated soils and water are
unacceptable as they create new pathways for pollutants to migrate into
groundwater and mobilise contaminants already in the subsurface and cause
pollution.
5.7
A total of 105 properties were consulted on the application and 10 letters
objecting to the application were received.
5.8
The main issues of concern can be summarised as:
 Increased litter along the road.
 Vehicles should not access or leave the site via Bramfield Lane, but
instead travel to/from the site along Tattle Hill Road.
 Only non-hazardous, inert waste should be received at the site.
 No treatment of waste on-site
 Disturbance to ecology
 Lack of justification of the benefits the scheme would provide; the existing
scheme met restoration requirements
 Risk of water contamination
 Location within Green Belt
 Objection to works taking place before 08:30 am
5.9
Hertfordshire Biological Records Centre does not object to the proposal.
5.10 A site notice was erected on 31 March 2011 and an advert was placed in the
Hertfordshire Mercury on 07 April 2011.
6
Planning considerations
6.1
The relevant development plan policies are:
Hertfordshire Waste Local Plan 1995-2005
Waste Policy 1: Sustainable Development
Waste Policy 3: Waste minimisation and new developments
Waste Policy 4: Waste Disposal in engineered landfill sites
Waste Policy 21: Disposal of waste by landfill
Waste Policy 24: Land Raising
Waste Policy 33: Landscape intrusion
Waste Policy 34: Impact on landscape features of local importance
Waste Policy 35: Nature conservation
Waste Policy 40: Noise
Waste Policy 41: Surface water and groundwater resources
Waste Policy 42: Floodwater protection and risk of flooding
Waste Policy 43: Traffic
Waste Policy 44: Proximity to other land uses
Waste Policy 45: Standard and form of restoration
Waste Policy 46: Restoration, aftercare and afteruse
East Herts Local Plan, Second Review, April 2007
Policy SD4: Sustainable Development and Nature Conservation
Policy SD5: Development on Contaminated Land
Policy GBC1: Appropriate Development in the Green Belt
Policy GBC14: Landscape Character
Policy TR20: Development Generating Traffic on Rural Roads
Policy ENV10: Planting New Trees
3/0518-11 (CM0075)
Page No 8
Policy ENV16: Protected Species
Policy ENV17: Wildlife Habitats
Policy ENV20: Groundwater Protection
Policy ENV21: Surface Water Drainage
Policy ENV25: Noise Sensitive Development
East of England Plan, May 2008
Planning Policy Statement 1: Delivering Sustainable Development
Planning Policy Guidance 2: Green Belt
Planning Policy Statement 10: Planning for Sustainable Waste
Management
Planning Policy Statement 23: Planning and Pollution Control
Planning Policy Statement 25: Development and Flood Risk
6.2
The principal issues to be taken into account in determining this application are:






Need
Impact on the Green Belt
Risk to groundwater
Highway impact
Ecological impact
Hours of operation
6.3
Need for variation in re-restoration scheme
6.4
Consultation amongst residents included a concern that the proposal failed to
justify why the existing site needed to be re-restored and failed to demonstrate
benefits that the proposal would provide. The application explains the rationale
behind the proposal, namely to address the problems the site currently faces with
differential settlement due to the limited success at which restoration was
previously carried out. The differential settlement has resulted in inconsistent
levels across the application site, which has caused drainage problems. This has
restricted viability of the intended afteruse of the land for agricultural use, and
resulted in a landform out of keeping with that which was originally intended
under the previous restoration scheme.
6.5
The proposal would address the drainage issues through an improved landform
which would drain the land better and the provision of new drainage routes,
contour the land in keeping with the surrounding area of former landfill, and allow
for effective agricultural use of the land as per the intention of the previous
restoration scheme. In light of these operational, landform and drainage benefits,
and the ecological benefits afforded by proposed habitat features (new
hedgerows, native scrub woodland, meadow and open ground), the application is
considered to demonstrate a need for the proposed works and comply with
policies,21 ,24 ,35 ,42 ,45 and 46 of the Hertfordshire Waste Local Plan and
policies SD4, SD5, GBC14, ENV17 and ENV21 of the East Herts Local Plan.
6.6
Green Belt
6.7
The proposal is located within the Green Belt. PPG2 says that there is a general
presumption against inappropriate development within the Green Belt. PPG2
also states that the carrying out out of engineering operations, such as the
proposed importation of waste and re-restoration, is inappropriate development
unless the proposal maintains openness and does not conflict with the purposes
of including land in the Green Belt. Policy GBC1 of the East Herts Local Plan
supports these principles.
3/0518-11 (CM0075)
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6.8
The proposed re-restoration scheme has been considered to demonstrate
benefits over the existing scheme in terms of increased viability of the land for its
intended agricultural land use, in addition to visual and ecological improvements
to the site. The completed scheme would not have an additional impact on the
openness of the Green Belt upon completion of works as the land would revert
back to the existing agricultural land use. This is a use compatible with the
purposes of including land in the Green Belt.
6.9
The works would take place over an eighteen month period. The temporary
impact on the character and openness of the Green Belt would be caused by
associated vehicle movements and earthmoving and infilling activity on the site.
However, the extent of the works are not considered to represent significant
harm to the openness of the Green Belt due to the limited amount of landraising
proposed and the fact that the landform created would ‘tie’ into the adjoining
landscape contours to create an improved landform with a natural appearance.
6.10 On balance, the nature and purpose of the proposed works, together with the
benefits they would provide to the character and use of the land, are considered
significant enough to outweigh the impact of the proposal on the openness of the
Green Belt for the temporary period of eighteen months. Accordingly, the
proposal is considered acceptable in light of PPG2 and policy GBC1 of the East
Herts Local Plan.
6.11 Risk to groundwater and flood risk
6.12 Risk of water contamination from imported waste and disturbance to existing
landfilled waste was raised as an issue during consultation. The potential of the
proposal to accentuate existing drainage and flooding problems was also
mentioned during consultation.
6.13 The application contains extensive reports investigating the risk to both
groundwater and flood risk. Extensive discussions have taken place over the last
year with the Environment Agency, which is responsible for advising the planning
authority on contamination and flood risk issues. The Environment Agency is
satisfied that the proposed works would not introduce additional contamination or
flood risk measures, subject to the inclusion of two suggested conditions.
Additionally, the proposal includes measures to improve the drainage of the site
and seeks to address existing flooding issues at the site.
6.14 The Environment Agency regulates contamination issues and these would be
managed via the Environmental Permit, which the site would also require. This
would include monitoring of the waste types received at the site, which was
requested by Hertford Town Council during consultation. If permission is granted,
monitoring of the works would also take place by the planning authority.
6.15 The proposal is therefore considered to comply with policies 41 and 42 of the
Hertfordshire Waste Local Plan and policies SD5, ENV20 and ENV21 of the East
Herts Local Plan, PPS23 and PPS25.
6.16 Highway Impact
6.17 Consultation responses raised concern that, should permission be granted,
vehicles should not be permitted to travel along Bramfield Lane (towards
Waterford), use Windsor Drive in Hertford as a short route onto Tattle Hill Road,
or travel along Tattle Hill Road towards or from the Tewin direction. In addition,
concern was raised about the potential for litter/debris relating to the works to be
deposited along the road and verges.
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6.18 The application proposes that 32 daily heavy goods vehicle (HGV) movements
would be required to transport the necessary material to the site. The application
states that vehicle movements would be expected to take place evenly
throughout the day. The application states that all material would be transported
via the existing access off Tattle Hill Road, a wheel cleaning facility would be
provided for vehicles exiting the site and includes proposals to cut back
vegetation at the site boundary to ensure adequate visibility.
6.19 The application also proposes regular sweeping of the road, limited speeds for
vehicles travelling to and from the site, and provision of a one way entry and exit
to and from the site, from the Hertford direction, to prevent vehicles travelling
towards Tewin or along Bramfield Lane into Waterford.
6.20 The Highway Authority does not object to the proposal subject to the inclusion of
a condition to secure a daily limit of 32 HGV movements (16 in, 16 out) and a
condition to ensure mud or other debris is not deposited on the public highway. A
condition could be sought to require the applicant to install physical measures at
the site entrance, to the satisfaction of the Waste Planning Authority, to ensure a
one way entrance and exit of vehicles travelling to and from the site. A right-in,
left-out arrangement would ensure vehicles could only travel along Tattle Hill in
the Hertford direction, thereby preventing vehicles travelling to and from the
Tewin direction on Tattle Hill Road and Waterford via Bramfield Lane.
6.21 There is an existing weight limit in place on Windsor Drive, preventing vehicles
over 7.5 tonnes from travelling to and from the site on Tattle Hill Road. Therefore,
subject to the aforementioned measures, it is considered that the proposal
complies with policies 43 of the Hertfordshire Waste Local Plan and TR20 of the
East Herts Local Plan.
6.22 Ecological Impact
6.23 Consultation responses cited concerns about the impact of the proposed works
on the ecology and wildlife habitats of the site and surrounding area. Bramfield
Parish Council requested that an ecology search (presence or absence) of the
area is carried out. This work was subsequently carried out and is included in the
revised application documents. Hertfordshire Biological Records Centre was
consulted on the application on the additional work undertaken, and do not object
to the proposal. In light of this, the additional survey work undertaken and the
ecological benefits of the proposal due to the creation of new habitats, the
proposal is considered to comply with policy 35 of the Hertfordshire Waste Local
Plan and policies ENV16 and ENV17 of the East Herts Local Plan.
6.24 Hours of Operation
6.25 During consultation, an objection was received to the proposed start of
operations at 07:30 am, with a suggested start time of 08:30 am. Due to the
location of the site and relative proximity of nearby settlements at Waterford,
Hertford and on the Goldings estate, it is considered that noise may cause a
disturbance to local amenity at 07:30 am. A start time of 08:00 am is considered
more reasonable, and an extension of the proposed finish time from 17:00 pm to
17:30 pm is not considered to cause additional harm to amenity at this time of the
day. If permission is granted, it is considered that the hours of operation are set
between 08:00 am and 17:30 pm on Mondays to Fridays, and between 08:00 am
and 12:30 pm on Saturdays.
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7
Conclusions
7.1
The nature and purpose of the proposed works, together with the benefits they
would provide to the character and use of the land, are considered significant
enough to outweigh the impact of the proposal on the openness of the Green
Belt, and any other harm, for the temporary period of eighteen months.
Accordingly, the proposal is considered acceptable in light of PPG2 and policy
GBC1 of the East Herts Local Plan.The Environment Agency is satisfied that the
proposed works would not introduce additional contamination or flood risk
measures, subject to the inclusion of two suggested conditions. Additionally, the
proposal includes measures to improve the drainage of the site and seeks to
address existing flooding issues at the site.The impact of the proposal on the
highway network could be managed through the use of appropriate planning
conditions which could address issues raised during consultation. In light of the
details included with the application, including additional survey work undertaken
and the creation of new ecological habitats, the proposal is considered
acceptable in terms of the impact on ecology. The proposed hours of operation
could be altered to allow works to start later in the morning to prevent harm to
residential amenity.
7.2
The report therefore concludes that the Director Environment and Commercial
Services should be authorised to grant planning permission subject to referral to
the Secretary of State as a departure from green belt policy for the proposed rerestoration of part of the former Waterford landfill site by importation of inert
materials at the Waterford Landfill Site, Bramfield Lane, Waterford, Hertford,
Hertfordshire, SG14 2QE, subject to the following conditions;
1. Time limit for commencement of development.
2. Approved plans and documents.
3. Hours of operation from 08:00am – 17:30pm Mondays to Fridays,
08:00am-12:30pm Saturdays and no operations on Sundays or on
Public/Bank Holidays.
4. Development shall be completed within eighteen months from the
commencement of development.
5. Notification of commencement of development
6. A scheme of working shall be submitted to, and approved in writing by the
Minerals Planning Authority and implemented in full.
7. There shall be no more than 32 Heavy Goods Vehicle movements
travelling to and from the site (16 in, 16 out) during one working day.
8. One way entry and exit of vehicles to and from the site.
9. Measures shall be undertaken for all vehicles leaving the site during
restoration of the site are in a condition such as not to emit dust or deposit
mud, or other debris on the highway.
10. Limit of 85,000 tonnes of material to be received to infill the site unless
otherwise agreed in writing by the Waste Planning Authority
11. Five year aftercare scheme for the two after uses; agriculture and
woodland/hedgerows
12. Only waste types of an inert nature will be accepted onto the site for
disposal.
13. Development shall not commence until a surface water management
scheme has been submitted to, and approved in writing by the Waste
Planning Authority.
14. The contouring of the final layer of the deposited material shall conform to
the levels in the approved restoration plan, drawing number ‘P5 / 158 / 16 /
D’.
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15. Before the fill material in any area of the site is within 1 metre of the final
levels, markers shall be set up in that area to show the final levels of fill
material, overburden and soil respectively. The site operator shall give the
Waste Planning Authority written notice, within no less than 3 working
days, that filling within any area of the site is approaching 1 metre of final
levels.
16. On completion of infilling, subsoil and topsoil shall be spread over the filled
area to an even depth so as to conform to levels as shown on approved
drawing number ‘3204/M10-1879A, REV2’ (Restoration Master Plan). The
final (top) 1 metre of fill shall be kept free from any material which may
damage cultivation machinery or interfere with the subsequent forestry
use. Prior to topsoiling, the area shall be thoroughly ripped with a winged
subsoiler to a depth of 300mm at a time spacing of no more than 450mm
and then at a depth of 600mm. All rocks, stones and other solid objects in
excess of 75mm in diameter on the surface following ripping shall be
removed.
17. No topsoil, subsoil or overburden shall be removed from the site.
18. Topsoil and subsoil shall only be handled when they are dry and friable
and only between the period of May to September, unless it is
demonstrated to the satisfaction of the Waste Planning Authority that
operations can take place satisfactorily outside this period.
19. All vehicles, plant and machinery operated within the site shall be
maintained and fitted with and use effective silencers, unless otherwise
approved in writing by the Waste Planning Authority.
20. No access points other than the existing access located off Tattle Hill Road
to be used by vehicles connected with the development.
21. No floodlights shall be used on site without prior written agreement of the
Minerals Planning Authority.
8.
Financial Implications
8.1
Planning applications should be determined on the basis of material planning
considerations, and not on the basis of their financial implications for the County
Council. However, it is a requirement of the County Council to advise all
Committees of the financial implications that may arise from their decisions.
8.2
If a planning application is refused or is not determined within a specific period,
the applicant has a right of appeal. Any appeal would result in additional costs,
which in part can be met from existing budget provisions. However, a major
public inquiry may give rise to significant costs for which there is no specific
budget provision. If the County Council refuses an application without
reasonable planning grounds on which to base its decision, it may be liable to
pay the costs of the applicant in contesting the appeal.
Background information used by the author in compiling this report
Planning application reference 3/0518-11
Consultee responses
Relevant policy documents
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