Importation of top soil to be stockpiled in field OS 0663 until required for use in remediation works following excavation and removal of farm waste materials.

Importation of top soil to be stockpiled in field OS 0663 until required for use in remediation works following excavation and removal of farm waste materials.

The Planning Officer (Minerals and Waste) reported the receipt of comments from Paul Keetch, Member of Parliament for Hereford, who requested that the application be deferred pending further discussions with DEFRA regarding the proposed route for waste removal from the site.

In accordance with the Criteria for Public Speaking, Mr. Lane, representing Llangarron Parish Council, and Mr. Haywood, a local resident, spoke in objection to the application.

Councillor Mrs. J.A. Hyde, the Local Ward Member, noted the concerns raised by the objectors and felt that their comments underlined the fears of the local community. She also said that she had concerns regarding the exit onto the A466 that the tipper lorries would have to use. She felt that the proposed route was not acceptable and that the vehicles should use the main farm access.

In response to a question, the Legal Practice Manager advised Members that this application was solely for the importation of new top soil and that the application for the removal of waste material had been granted in November, 2004.

The Planning Officer (Minerals and Waste) advised Members that DEFRA were still in discussions with the farm owner regarding the use of the main farm access to remove the waste material and also to import the top soil. She also said that this application had been received due to the fact that the removal of the waste material was subject to a High Court Order.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.      A01 (Time limit for commencement (full permission) )

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      No development shall take place until a scheme for a traffic control or warning system on the A466 at the point of access to the proposal site has been submitted to the local planning authority for its written approval.  The approved scheme shall be implemented in full for the duration of the development hereby permitted.

Reason: In the interests of road safety.

3.      Not later than 12 months following the date of this permission, a scheme for the assessment of the quality of materials to be imported on the this site shall be submitted to the local planning authority for its approval in writing.  No material shall be imported into this site in connection with the development hereby permitted other than in accordance with the agreed scheme.

Reason: To protect the water environment, prevent pollution, and in the interests of public safety and amenity.

4.      No materials that are not fit for use as agricultural soil, subsoil or for land drainage shall be imported onto the site in connection with the development hereby permitted.

Reason: To protect the water environment, prevent pollution, and in the interests of public safety and amenity.

5.      Prior to the commencement of the development hereby permitted, the applicant, the contractors or their agents shall submit for the local planning authority's approval written details of the method of stockpile construction, and the development shall be carried out strictly in accordance with those details.

Reason: To protect the water environment, prevent pollution, and in the interests of public safety and amenity.

6.      Prior to the commencement of the development hereby permitted, the applicant, the contractors or their agents shall submit for the local planning authority's approval plans and sections of the final levels of the landform to be created.  The approved scheme shall be implemented in full.

Reason: To ensure a satisfactory form of development and in the interests of the amenity of the locality.

7.      The height of the proposed stockpile/s of imported soil shall not exceed 3 metres.

Reason: To protect the quality of the soil and to ensure a proper reclamation.

8.      During the course of the importation or removal of any materials in association with the development hereby permitted, no machinery shall be operated, no process shall be carried out, and no deliveries taken at or despatched from the site outside the following times:  Monday to Friday 8.00 am to 6 pm, Saturday 8.00 am to 1.00 pm, nor at any time on Sundays, Bank or Public Holidays

Reason: To protect the amenity of local residents.

9.      There shall be no burning on site of any materials associated with the development hereby permitted.

Reason: To prevent pollution and protect the amenity of local residents.

10.    The public highway shall be kept free of all mud or other material emanating from the site or any associated works at all times.

Reason: In the interests of highway safety and public amenity.

Informative:

1.      N15 - Reason(s) for the Grant of Planning Permission.