APPENDIX A
HERTFORDSHIRE COUNTY COUNCIL
ENVIRONMENT CASES SUB-COMMITTEE
TUESDAY, 27 JANUARY 1998, AT 10.30 A.M.
EAST HERTFORDSHIRE DISTRICT
ENVIRONMENT ACT 1995 (REVIEW OF MINERALS PLANNING PERMISSIONS)
APPLICATION FOR THE DETERMINATION OF NEW PLANNING CONDITIONS
AT POLE HOLE QUARRY, GILSTON
Local Member:- M Bayes
Report of the Director of Environment
Author:1.
Brian Owen
Tel: 01992 556225
Purpose of the report
To consider planning application number 3/0953-97 for the determination of new
planning conditions under Schedule 13 to the Environment Act 1995: Review of
Mineral Planning Permissions.
2.
Summary
2.1
The Review of Mineral Planning Permissions (RoMPP) was introduced by the
Environment Act 1995. The Review has essentially followed on from the updating
of Interim Development Order (IDO) permissions, to address the need for the review
and updating of conditions on mineral permissions granted in the 1950s, 1960s and
1970s.
2.2
Pole Hole Quarry has a long history of extraction and infilling and was a former
domestic waste tip for Harlow. Since infilling was completed differential settlement
has occurred, limiting the standard of agricultural use. Landfill gas is being
generated within the existing landfill mass and this matter needs to be carefully
considered.
2.3
This application proposes new conditions for the site, including a new restoration
landform. It is proposed that the new landform will be achieved by extracting the
sand and gravel from the remaining mineral deposits and by importing inert waste to
infill the remaining voids. Included in these operations is an area of land that has
previously been tipped and infilled and restored in the 1960s and 1970s, and has been
affected by differential settlement. The applicants propose to deposit inert fill over
this area to achieve the new landform and remedy the settlement problem. Part of
the site is subject to an Enforcement Notice issued in respect to over-tipping.
OFFICER SUGGESTED RESOLUTION
That the Director of Environment be authorised to determine the application for new
planning conditions, in accordance with the principles set out in this report, and that the
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County Secretary’s Department be authorised to make the consequential amendments to
the Enforcement Notice.
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1.
Description of the site and proposed development
1.1
Pole Hole Quarry occupies an area of about 19 hectares and is located to the north
east of the small rural settlement of Pye Corner as shown on Plan 1. The site is
divided into six numbered areas (see Plan 2), together with an additional area
adjacent to Eastwick Road.
1.2
The site adjoins the western boundary of an active sand and gravel working known
as Hollingson Meads Quarry. Both Hollingson Meads Quarry and Pole Hole Quarry
share an access onto the C161 to the north of Pole Hole Quarry between Pole Hole
Farm and Pole Hole Cottages. Public footpath Eastwick 31 bisects the central part of
the site in a west to east direction.
1.3
The River Stort (navigation) runs within 50 metres along the south eastern boundary.
The town of Harlow is visible to the south and east of the site and a large industrial
estate is located some 100 metres from the south eastern boundary on the other side
of the river. The landscape to the north and west is gently rolling and rural in
character, used primarily for arable farming.
1.4
The closest residential properties to the site are Grasslands, which is located 20m.
from the western boundary of area 5, High View, which lies inside the mineral
permission boundary and is situated within 30 metres of the current working area,
and “Marlers Cottage” which is located some 60 metres north west of Area 1 of the
site.
1.5
The site is located within the Green Belt and a Landscape Development Area as
defined in Hertfordshire County Structure Plan Policy 7 (incorporating approved
alterations 1991), and Policy RA11 of the East Hertfordshire Local Plan Deposit
Alterations, July 1995.
1.6
The majority of the site has been worked for sand and gravel under planning
permission ref. E/707-55 granted in 1955. In the 1960s and early 1970s, the quarry
was infilled with domestic waste under a second planning permission ref. E/248-60,
since when some differential settlement has occurred on the land. (the land is
however currently in use for grazing for horses). In 1986, planning permission was
granted (ref. 3/226-86) to Marshaide Ltd, the company operating the adjoining
Hollingson Meads Quarry, for the importation of inert waste to improve the land for
a time limited period.
1.7
The material brought on to the site under the 1986 permission was primarily in areas
3 and 4. The material loaded the site and compressed the underlying waste, which
combined with the sealing of the surface with new material, caused the gas generated
with the decomposing waste to move sideways, towards houses in Pye Corner.
Previously, this gas had vented passively through the surface of the site. The County
Council Waste Regulation Unit (now part of the Environment Agency) advised that
no more material should be placed on the site until the landfill gas problem had been
resolved.
1.8
The permission, therefore, expired in May 1990 without restoration being completed,
as a result of concerns that adding more fill material would exacerbate landfill gas
problems at the site and could cause migration of gas off the site.
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1.9
In 1991, the landowner employed an agent to investigate proposals for installing a
gas management scheme and completing the restoration of the site. The proposals
involved reviving the 1955 planning permission for sand and gravel extraction, in
order to remove two remaining deposits of mineral, identified within Areas 1 and 6
(shown on plan 2). It was intended that the sale of the mineral would fund the gas
extraction scheme and the void created by the mineral extraction would be infilled
with imported inert waste, to complete restoration of the site to pasture. To meet the
objectives of improved site restoration and funding for the gas extraction scheme, a
variation of the Schemes of Working approved in the 1950s, was approved by the
County Council in December 1992.
1.10 In 1994 two Enforcement Notices in respect of overtipping were issued by the
County Council, both requiring the reduction of levels within Areas 3 and 4 of the
site, and subsequent restoration. On appeal, the Inspector allowed one of the notices
to stand which, following amendment, required the operator to remove the excess
material and restore Areas 3 and 4 by 9 November 1996. The final levels were to
accord with the plan approved under the 1986 planning permission (ref. 3/226-86).
There has been some reduction in height but those levels required by the enforcement
notice have not yet been achieved.
2.
The Review Submission
2.1
The proposals put forward by the applicants in this Review involves the creation of a
new restoration landform for the whole site and propose the continuation of the
working approved in the 1992 variation to the 1955 Scheme of Working. The
applicants have recently started work in a new area (adjoining Eastwick Road) which
was not covered by the 1992 variation. The Review application proposes
continuation of working in this area.
2.2
The applicants intend to achieve the new landform by:
 extracting the remaining sand and gravel deposits from Area 6, the area adjacent to
Eastwick Road, and from beneath footpath 31;
 importing materials to Areas 1 and 6 (covered by the current Waste Management
Licence);
 carrying out “cut and fill” operations in Areas 3 and 4 to reduce the ‘overfill’ (the
subject of the Enforcement Notice) and backfill the void created by the removal of
sand and gravel beneath footpath 31; and
 importing inert material to Area 5 to achieve the proposed new restoration landform.
(The areas referred to above are shown on plan 2)
2.3
The Review application consists of a supporting statement, outlining how it is
intended that the works referred to in paragraph 2.2 above will be carried out,
together with a schedule of proposed planning conditions and accompanying plans.
The schedule of conditions suggests an end date of 2006 for extraction, infilling and
restoration operations (excluding aftercare) at the site. The existing end date for Pole
Hole Quarry, as for all old mineral sites which do not have a specified end date, is
2042, as provided by Schedule 5 to the Town and Country Planning Act 1990.
Within the supporting statement, target completion dates for each working phase
have also been included.
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2.4
Conditions attached to the existing mineral planning permissions which relate to the
site do not provide conditions for safeguarding the amenity of the area from the
impact of the development, such as those relating to noise, dust, working hours and
vehicle movements etc. The proposed schedule includes conditions which aim to
protect the amenity of the local area.
2.5
The supporting statement outlines a gas monitoring regime for Area 5. It is proposed
that tipping in Area 5 will only commence when the gas levels from the existing
monitoring points outside the site are at a limit specified in Waste Management
Paper No. 27. Additionally, if the gas levels do rise above the specified limit, a
mobile flare would be introduced and flaring would continue until the levels
stabilise, at which time tipping would re-commence.
3.
Consultations
3.1
A summary of all consultation responses is included in Appendix 1.
3.2
In addition to the statutory consultees, a total of 53 properties and organisations were
consulted and at the time of writing the report 7 letters of representation have been
received.
3.3
Of the responses so far received, the main views expressed are:
 concern over the possibility of increased gas migration from area 5, and that the
proposed tipping of inert waste in area 5 would create more problems than it would
solve;
 need assurance that the ‘projected completion date’ put forward by the applicants
will be met and not extended;
 concern over the impact of the lorries through the village of Pye Corner - damaging
the road and the properties due to vibration. Vehicular movements should be kept to
a minimum;
 the dust, mud and rubble from the lorries has a detrimental effect on the properties in
Pye Corner and is also a hazard - lorries should be sheeted;
 in respect to the restoration/landscaping of the site, there is insufficient detail in the
proposed conditions;
 concern over the suitability of the proposed equestrian afteruse for the site;
 object to the proposed working hours - out of hours operations such as plant testing
and maintenance can also be noisy. No operations should be permitted on Sundays
or Public Holidays.
4.
Planning considerations
4.1
Restoration plan - The new restoration landform proposed under the Review
application, shows an increase in the contours over the existing restoration plan. The
variation in contours on the proposed plan compared to the existing plan is, in places,
between 2 - 4 metres. The main area of concern in respect to the proposed new
restoration landform, would be an increase in the ultimate height of the ‘dome’.
4.2
The Enforcement Notice - The proposed new restoration landform is effectively a
modification of the plan approved in 1986. It is important that the new schedule of
planning conditions should not conflict with the terms of the Enforcement Notice.
The proposed restoration plan varies from the plan attached to the Enforcement
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Notice. A condition should be imposed requiring the submission of a new plan
showing a suitable landform for this area.
4.3
Gas migration and the proposed gas monitoring regime - Concern over the issue of
gas migration has been apparent in the letters of representation that have been
received on the application (see Appendix 1). Advice from the Environmental
Health Officer at East Herts District Council has raised particular concern over the
effect that the proposal to deposit material in Area 5 may have on gas migration.
4.4
As referred to in paragraph 2.5 the applicants have made provision in their
supporting statement for a gas monitoring regime. There are presently twelve gas
boreholes sited along the north west boundary of the site. Six are located on or
beyond the boundary of the site in ground undisturbed by site operations, and are
used for monitoring only. Five are located within the site in made ground (waste)
and are used for gas pumping and/or monitoring. The remaining one is located
adjacent to footpath Eastwick 31 and is currently used for monitoring only, but the
applicants intend to adapt it so that it can also facilitate pumping. These boreholes
are currently monitored on a weekly basis.
4.5
As the Waste Management Licence only covers Areas 1 and 6, the Environment
Agency have no control over the gas monitoring and so to date, monitoring has been
undertaken voluntarily by the applicant.
4.6
Planning Policy Guidance Note 23, provides that planning control should not seek to
duplicate pollution controls of other regulatory regimes. The applicant proposes that
tipping activities in Area 5 would be undertaken as either an activity which is
exempted from a Waste Management Licence or by use of mineral waste (which is
not controlled waste and is outside the control of the Environment Agency). In this
situation, there are no pollution control regimes, other than those available under
planning procedures, and the issue of landfill gas is, therefore, material in the
consideration of this application.
4.7
The view of the Environment Agency is that the tipping of waste over area 5 does
pose a risk in respect of danger to properties from landfill gas. The Environment
Agency believe that such a risk could be managed, but only through the provisions of
a Waste Management Licence. This is because a Waste Management Licence would
require that sufficient sums of money are available at the start of any operations to
pay for gas management at the site until such time as it would no longer be likely to
pose a risk. A planning condition could not be imposed which would provide such a
guarantee. Therefore, if waste disposal were to be allowed to take place on Area 5 a
pollution risk would be incurred, which cannot be managed by way of a planning
condition. Consequently, no further waste disposal should be allowed to take place
on this area and a condition should be imposed which ensures that an appropriate
plan is prepared which provides for this.
4.8
The proposed conditions - In determining the proposed schedule of conditions, the
County Council may impose any condition which could be imposed on a grant of
planning permission for mineral extraction. The conditions imposed can be in
addition to or in substitution for any conditions attached to the original planning
consent. However, if the effect of the imposed conditions would be to restrict
working rights to the extent that the restriction would prejudice adversely to an
unreasonable degree either the economic viability or the asset value of the site, a
liability for compensation may arise.
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4.9
The proposed schedule of conditions includes conditions which aim to protect the
amenity of the local area in relation to the development. Conditions have been
proposed which relate to HGV movements; hours of working; dust; and noise. From
the representations that have been received on the application from the local
residents, a prime area of concern is the lorries and the problems with noise and dust
which are associated with their movements.
4.10 In respect of the HGV movements, in their supporting statement the applicants
propose to retain the current limit that they are presently required to work to under
the terms of the Waste Management Licence. This limit is presented both as a
weekly and monthly limit of 700 and 2500 HGV movements respectively. On a
daily basis this equates to around 114 HGV movements (57 in and 57 out) a day.
This limit currently only applies to the importation of waste, and the applicant
proposes to add the same number of movements to accommodate the export of sand
and gravel. In total, this would mean that the limit would be set at 228 HGV
movements a day.
4.11 As there is presently no HGV movement restriction at Pole Hole, the imposition of a
condition to control vehicle numbers could result in a restriction on working rights.
However, only that part of the limit which applies to the removal of sand and gravel
is subject of the compensation provisions.
4.12 A limit should be is imposed which can reasonably accommodate the waste disposal
operations whilst bringing the site in line with ‘modern’ working practice. A daily
limit of 100 HGV movements (50 in, 50 out) would be similar to that at Hollingson
Meads, and would provide for a similar level of activity for an equivalent location.
4.13 In relation to the export of sand and gravel from the site, it is currently transported to
Hollingson Meads for processing along a private haul road, not the public highway.
The processed sand and gravel is then exported using the Hollingson Meads quota of
HGV movements. Most of the sand and gravel has been dug from the site and so
even if the operator were to stop using Hollingson Meads plant and quota, the
proposed limit provides sufficient flexibility to allow the remaining reserves to be
exported at a reasonable rate. It may be that waste importation would need to be
reduced for a limited time to allow this to happen.
4.14 A monthly or weekly limit provides problems for monitoring and so such a condition
may be considered to be unenforceable, especially in the situation at Pole Hole and
Hollingson Meads where two mineral operators share the same access point.
Therefore any condition imposed should be based upon a daily limit rather than
weekly or monthly figure.
4.15 The working hours proposed by the applicants are 7am to 6pm Monday to Friday and
7am to 1pm on Saturdays for Heavy Goods Vehicle movements. Working hours for
other site activities including the excavation of material, water pumping, servicing,
environmental monitoring, and the maintenance and testing of are 7am to 8pm
Monday to Friday; 7am to 4pm Saturday; and 8am to 4pm on Sundays and Bank
Holidays.
4.16 In order to safeguard the amenity of the local residents hours of working should be
7.00am to 6.00pm Monday to Friday and 7.00am to 1.00pm on Saturdays and no
working on Sundays or Bank Holidays which are the same as at Hollingson Meads.
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4.17 In respect of minimising the impact of dust from the site operations, the applicants
propose to employ a bowser for spraying the haul road, and a mechanical sweeper for
use on the public highway, as and when required. There is also an existing wheel
spinner which is for use by all the vehicles leaving the site. It is clear from the letters
of representation that have been received from the local residents that dust, and more
particularly mud and rubble, deposited on the C161 is of great concern. However,
the shared access makes monitoring difficult, as it is difficult to determine which site
the lorries depositing the debris on the road have come from. It is recognised that the
applicants do carry out sweeping on the public highway which is welcomed by the
highway authority, although it would be more appropriate to introduce specific
measures to prevent the problem arising in the first place. A condition should be
imposed which requires all vehicle leaving the site to be cleaned such that they do
not deposit mud or debris on the highway.
4.18 The issue of noise has two different aspects; in respect to the noise generated by the
lorries as they approach the site and noise from on site operations. In relation to the
former, it is not within the scope of planning to control activities off site, although
indirect control will be exercised through restrictions on the number of lorry
movements. Noise generated from operations on site, however, can be more directly
controlled.
4.19 In order to ensure that future site operations will not have a detrimental impact on the
local amenity, a suitable noise condition is required. A noise condition has been
proposed by the applicants which sets appropriate limits, although the condition itself
will need to be worded to ensure that it is in line with current government guidance.
4.20 As referred to in paragraph 2.3, an end date of 2006 for the completion of extraction,
infilling and restoration operations at the site has been proposed. If approved, then
this date cannot be extended without a separate application to vary the condition.
4.21 The proposed afteruse of the site is grazing land for equestrian purposes. Advice
received from MAFF in respect to the proposed afteruse, includes a schedule of
conditions appropriate for land that is to be restored for grazing purposes and such
conditions should be imposed
5.
Conclusions
5.1
The intention of the Review is to secure improved working and restoration conditions
for old mineral sites. Therefore, variations to the conditions proposed by the applicants
will need to be made and additional conditions will need to be imposed, in order to
achieve the standards required to reduce the impact of site operations on the amenity of
the local residents.
5.2
In relation to the conditions proposed by the applicants to reduce the impact of noise
and dust from the operations on the amenity of the local area, modifications will need to
be made to ensure that they are in accordance with ‘modern’ working practice.
Conditions which relate to the landform, restoration and landscaping of the site require
more detail, and also should exclude and further waste disposal on area 5. It is therefore
considered that these conditions should be amended to require the submission of further
details by a specified date.
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5.3
The conditions proposed by the applicants, which relate to lorry movements and hours
of working, do not provide the necessary controls to ensure that the impact of future site
operations on the local residents is minimised. To provide control over working hours it
will be necessary to impose a condition which is more restrictive than that proposed by
the applicant. It is therefore considered that the hours of 7am to 6pm Monday to Friday
and 7am to 1pm on Saturdays, with no working at all on Sundays or Public Holidays,
are imposed.
5.4
Similarly, as there is presently no restriction on lorry movements under the present
permissions, it is proposed that a limit of 100 (50 in and 50 out) lorry movements a day
is imposed. This is similar to the limit at the adjoining Hollingson Meads and should
help to further safeguard the amenity of the local residents.
5.5
It is important that the monitoring of the landfill gas at Pole Hole is carried out on a
regular basis. A condition requiring the applicants to continue with the programme of
gas monitoring that they have referred to in their application will be imposed.
5.6
It is proposed that the above considerations be incorporated into a revised schedule of
conditions, the details of which will be determined by the Director of Environment.
6.
Financial Implications
6.1
It is not considered that any of the amendments to be made to the submitted schedule of
conditions would restrict working rights to the extent that either the economic viability
of operating the site or the asset value of the site would be adversely affected to an
unreasonable degree. However if the Secretary of State decided otherwise in the event
of the applicant choosing to appeal against the Council’s conditions, compensation
might be payable. Such payments could not be met from existing budgets.
Background Information used by the author in preparing this report
Frank Lyons Plant Services, 9 June 1997, “Pole Hole Quarry: Planning Application for the
Determination of Conditions for a Mineral Site”
Frank Lyons Plant Services, 20 June 1997, “Pole Hole Quarry: Planning Application for the
Determination of Conditions for a Mineral Site - Addendum”
MPG14: Review of Mineral Planning Permissions
Environment Act 1995
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Appendix 1
Eastwick and Gilston Parish Council
Specific problems that have occurred are; vehicles travel too fast within the village and at
times outside of stated operational hours, problems of ‘loose loads’ and loads being shed on
the road, the highway is often not effectively cleaned and gullies are filled with waste from
lorry wheels, surface water run off drains off the site on to the C161.
We comment specifically on the application and addendum as follows:
- Vehicle movements; the restriction are too loose. It should be clearly stated that the
maximum is the daily rate.
- Lorries should be sheeted to stop the regular occurrence of loads being lost on to the
highway.
- The applicants should be asked to fund the balance of the traffic calming measures needed
in the village.
- Sweeping of the highway should be carried out on a regular basis and the operator should be
obliged to clean the gullies.
- All imported and exported material should come within a total number of vehicle
movements for the site.
- Footpath 31 should be properly reinstated - how will it be maintained during the remainder
of the life of the site (8 years).
- 8pm is not a satisfactory time for the site to be operational to during the week, neither is
working on Sundays or Public Holidays.
- The wheel spinner should be used by all vehicles leaving the site. It also only cleans the
rear wheels of lorries.
- Opposed to the concept of workings taking place on the land fronting the C161.
Sawbridgeworth Town Council
At the planning committee meeting of the Sawbridgeworth Town Council on Monday 28th
July 1997, the following comments were made:
The Sawbridgeworth Town Council’s Planning Committee reiterate their views expressed
with regards to previous applications on this site, and the main concerns are over the
increased vehicular movement in the area. The Council requests the Hertfordshire County
Council to keep a check that vehicular movement can be kept to a minimum and also that the
completion date is not extended.
Hertfordshire Environmental Records Centre
Main area of concern is to ensure that the adjacent sites of ecological interest are protected.
The sites lie adjacent to the quarry and a condition stating that they should not be damaged or
disturbed during works would be beneficial. All concerned that the small stream running
from Pole Hole Farm to the Stort Navigation is protected and enhanced in any restoration
scheme.
The landscaping conditions proposed in the application are a little basic. The proposal to
restore the hedgerow system to that present in 1921 is desirable, but the opportunity should
be taken to plant a more diverse range of indigenous species than is present in the surviving
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hedges (planting guidance is given). The maintenance of all planting should be included
within the aftercare conditions.
No provision has been made for the restoration of the stream that formed the eastern
boundary of the site. The restoration should included the creation of a buffer strip of at least
4m and appropriate planting and management.
Merck Sharp & Dohme
Merck Sharp and Dohme research facility, Terlings Park, is adjacent to the above site. We
have concerns regarding gas migration from the Pole Hole site.
With regard to excavation of gravel, MSD would be concerned with :(1) Limiting the topography of the site, when and if infilling.
(2) The intrusion of noise from any operations on site.
With regard to area 5, MSD would have real concerns with regard to gas migration. This
area was on an old 60/70s domestic tip which was not lined to current standards. If this area
is capped with inert material this could force the gas to migrate towards the land at Terlings
Park and residential property on Pole Hole quarry boundary. We believe capping of area 5
would create more problems than it would solve and a radical rethink of strategy is required.
Mr J Sofroniou, 90 Pye Corner
Emphasises the problems that the villagers suffer in relation to dirt, dust, noise, speeding
lorries, and insecure loads.
The monitoring of the lorry movements in the past have been farcical. The vehicle counter is
also inadequate as lorries can bypass it.
The following conditions should be imposed:
- The sheeting of lorries to prevent loads from falling on to the highway.
- A haul road to be built on site.
- More effective/regular sweeping of the highway.
- Help to finance a complete Traffic Calming system that would be effective in slowing the
lorries down.
Notes that the operators are seeking to extend operating hours - unsatisfactory.
Mrs R Newton, 88 Gilston Lane
Having written previously, my views remain unchanged.
(1) The site in question has caused considerable disturbance regarding lorry movements for
enough years as it is.
(2) That the “projected completion date” is the year 2005 and my considerable concern is that
this “projected” time is hardly a definite assurance that all will be completed, even by then.
In conclusion, I am even hopeful that Pole Hole Quarry will eventually (sooner rather than
later) be a landscape for the future that we can all be proud of, and I only hope and pray that I
shall be around to see it!
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FRCA
(1) It is stated that the proposed restoration is exclusively for the grazing of horses in
connection with the adjacent stables for equestrian purposes. Whilst horses are not strictly
classed as agriculture in section 336 of the Town and Country Planning Act 1990, the use of
the land as “grazing” is so defined, and so it is considered that the restoration to agriculture is
appropriate.
(2) In this particular case, no detail has been provided on the nature and amounts of soil etc.
It is confirmed on plan LSD/PH/01 of the applicant’s submission, that the proposed soil
depths shall be in accordance with the Waste Management Licence, which appears to be
satisfactory.
A schedule of suitable restoration conditions for the restoration of the site to grazing land are
proposed.
John Smiddy, 2 Vine Grove, Gilston
The site at Pole Hole has been and remains a source of utter hell for those who are the
residents of Pye Corner for well over 35 years and still there is no end in sight to the misery
being caused. In dry weather our homes are covered by clouds of dust and in the wet weather
everything becomes covered in a fine mud spray from the lorries who thunder through the
village.
These very unsatisfactory conditions are made more difficult to tolerate by virtue of the fact
that operations on the site are very seldom made to comply with the conditions set down
under which the site is supposedly allowed to operate.
The C161 at Pye Corner is too narrow to take the upgraded lorry load carrying capacity
standards now forced on the UK by the EU. Very few of the larger lorries that go to or leave
the Pole Hole site via Pye Corner are able to negotiate their way through the village without
passing over the double white lines thus placing them outside the Law which very sadly the
Police appear to be unwilling to enforce. The C161 was not designed or indeed constructed to
carry the loads to which it is now being subjected thus damage to the surface is increasing as
is the delay in that damage being repaired so much so that, damage caused during December
1996 remains untreated and is getting worse by the day and thereby placing a heavy burden
on the County road maintenance budget and the Council Tax paying public.
The damage to Pye Corner property by vibration is on the increase as is the stress to those
who are being subjected to the very unpleasant conditions without any redress.
East Herts Footpath Society
I observe that the proposed restoration scheme on plan LDS/PH/01 shows contour lines up to
59m around the top of the hill. This is considerably higher than the original contours shown
on old OS maps.
If the original contours were restored, the path would rise from 40m to 54m in a distance of
180m, an average gradient of under 8%. If the proposed restoration contours were allowed,
the average gradient would be over 10%. Such an increase in elevation makes a substantial
difference to the amenity of the public footpath, especially as the soil surface does not appear
to stand up to much wear and tear.
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I note that plan LDS/PH/01 bears a legend “HEDGEROWS TO BE REINSTATED AS PER
1921 ORDNANCE SURVEY SHEET”. I suggest that, along the line of the footpath at least,
the conditions should require that contours are also to be reinstated as per an OS map, which
will have to be the 1895 levelling, since no fresh data seems to have been acquired for the
later edition.
Three Valleys Water
This company has no objections to the proposals. However, should any proposals be
amended or introduced then we would wish to be made aware of these changes so that we
could review our position.
Health and Safety Executive, Field Operations Division
I have no comments to make on any of the changes to the planning permissions.
British Waterways
If the pit is not to be extended then I cannot see any problems. If the southern boundary of
the pit is altered, the hedgerow should be replanted.
BPA Pipeline Operations & Engineering
Having referred to the plan(s), we are able to confirm that there are no high pressure oil
pipelines or ancillary apparatus managed and operated by BPA, which will be affected by the
above proposed scheme. Please note there are other pipeline operators in the UK.
Mrs JK Moore, 37 Pye Corner, Gilston
Condition 1 - I do not consider equestrian use can be classified as agricultural. It could well
be that this will not mean horses grazing in a field - it could mean equestrian events, horse
shows etc. with all the facilities this would entail plus, yet again, a great increase in traffic.
Condition 4 - I do not agree that the amenities of the locality have been safeguarded.
Considerable damage has been caused and is still being caused to wildlife etc. The general
pollution from traffic and workings is dreadful. The volume and speed of the lorries has
virtually cut the village in half.
The Hertfordshire Conservation Society
The Society does not wish to comment on the application.
EHDC Environmental Health Unit
Having studied the drawings attached to the application LDS/PH/01 and LDS/PH/07 it would
appear that the average depth of cover will be 4m increasing in some areas to 6m. From this
it is not evident that the filling of Area 5 should be exempt from Waste Management
Licensing on the grounds that more than 20,000m3/hectare is proposed.
In addition, I am concerned that landfill gas, which currently vents particularly through the
surface of the site will be forced to travel sideways towards the site perimeters, giving rise to
environmental harm.
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The Highway Authority
Mineral and waste operations in this area have been a cause of serious concern to the
Highway Authority due to persistent problems with the deposition of mud on the public
highway. The Highway Authority would like to see the opportunity presented by this
planning condition review used to ensure that action is taken to ensure that all vehicles
leaving this site are thoroughly cleaned before accessing the public highway. Suitable
measures to be undertaken are suggested.
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