Agenda item

The Assistant Director - Community Safety and Streetscene, the Strategic Housing and Investment Manager, the Head of Planning and Building Control and Jacqui Tootill, Area Environment Manager at the Environment Agency attended the meeting to provide a report on activity regarding the Grange Landfill Site.

The report noted that on 30 October 2019 the Council had received a petition from the Droppingwell Action Group calling on the Authority to take enforcement action in respect of the Grange Landfill Site. As the petition had met the threshold for consideration by the Overview and Scrutiny Management Board a meeting had been held on 28 January 2020 to consider the petition. At that meeting the Overview and Scrutiny Management Board made eleven recommendations (Minute No.113) that were subsequently accepted by Cabinet on 23 March 2020 (Cabinet Minute No.140).

A further update report had been presented to the Overview and Scrutiny Management Board on 18 March 2021 where it had been resolved: “That a further report on the latest situation surrounding the Grange Landfill be presented to the Overview and Scrutiny Management Board in three months’ time.” (Minute No.341).

In introducing the report, the Assistant Director advised that the report provided a further update on activity surrounding the site since March 2021.

The report stated that over the last three months, the operator had continued to undertake works to prepare the site for full operation and to fulfil the requirements of the Environmental Permit that had involved the importation of inert waste for use in construction. It was noted that this was legally allowed under the terms of the Permit. It was noted that the conditions of the Environmental Permit for the operation of the tip had not yet been met, and as such full landfilling operations were not able to commence.

The Assistant Director advised that the Council had last written to the Secretary of State on 26 February 2021, to ask them to use their powers under the Town and Country Planning Act 1990 to revoke or discontinue the planning permission and to fund any compensation claims from the Government purse. On 14 July 2021 the Ministry for Housing, Communities and Local Government had advised the Council that they: “…do not consider it would be expedient for the Secretary of State to exercise his powers to revoke planning permission or to discontinue use of land in this case.”

In addition to the update on the planning issue the report provided updates on:

·       Access issues related to the site

·       Public Rights of Way

·       the Borehole

·       Site Security and Monitoring

·       Disposal of Waste from Housing Development.

Jacqui Tootill, Area Environment Manager at the Environment Agency confirmed that the engineering works that were required to enable the site to accept waste were continuing and advised that once these were completed a report would be submitted to the Environment Agency for their consideration. Jacqui Tootill stated that only once the Environment Agency were happy with the construction and all of the arrangements at the site would tipping activity be allowed to commence.

Members asked that due to the complex nature of the ongoing issues related to the operation of the site that involved a number of council departments, how confident officers were that activity was being effectively coordinated to stop the operation of the site. The Assistant Director confirmed that he was leading and coordinating activity across the council regarding the site and noted that all council departments were fully committed to working to find any possible way in which the operation of the site for landfill could be stopped. The Assistant Director reaffirmed that the present difficulties around the site and its operation were a result of the planning permission that had been granted in 1958 and the lack of conditions on how landfill activities could be operated at the site contained in that permission.

Members queried the Environment Agency’s classification of the site as a “low risk” site and asked what implications this classification had for the monitoring of the site.  Jacqui Tootill confirmed that from the perspective of Environment Agency the site was classified as a “low risk” site as the current tip was separate to the historic site. Jacqui Tootill advised that due to the concern locally about the site, the tip was subject to an increased level of inspection, noting that the site had been subject to five inspections so far during 2021. It was noted that other similar “low risk sites” would only be subjected to two inspections a year. The Assistant Director assured members that the site was viewed as a high-risk by the Council due to its impact on local communities.

Members asked whether officers could guarantee that no further waste from council construction sites would be taken to the site, following an incident earlier in the year when a contractor to the council had taken waste from a council construction site to the site. The Strategic Housing and Investment Manager advised that the contractor involved had confirmed that this issue would not happen again and advised that all new Council contracts with contractors would contain a requirement that no waste from construction sites was taken to the Grange landfill site. 

Members asked whether the traffic restrictions that had been implemented in the locality of the site were effectively addressing road safety concerns related to vehicles accessing the site. The Assistant Director advised that the restrictions that had been implemented had effectively addressed the safety issues regarding the access to the site off Droppingwell Road, but that they did not address the road safety concerns around the unadopted access road. The Assistant Director noted that issues relating to road safety on the unadopted access road were the responsibility of the Health and Safety Executive (HSE), but assured members that the Council was continuing discussions with the HSE regarding road safety concerns related to the access road. 

Members sought clarification on whether a revocation of the 1958 planning permission for the site could provide a final solution for the site and its potential to be used as a landfill site. The Assistant Director stated that if the planning permission granted in 1958 was revoked then the operator of the site would be able to apply for a new planning permission to use the site as a landfill site and advised that any such permission would be accompanied by the kind of comprehensive conditions relating to the site’s operation that were not included in the current planning permission. The Head of Planning and Building Control noted that if previous planning had been revoked for the site then it was very unlikely that a new application to use the site for landfill would be successful. The Head of Planning and Building Control advised that the Secretary of State had confirmed that they did not see any reason why the planning permission granted in 1958 should be revoked.

The Head of Planning and Building Control noted that the Council had considered the use of Section 102 of the Town and Country Planning Act 1990 in terms of the potential for making a discontinuance order on the site, however any discontinuance would be subject to compensation that had been estimated to be potentially in excess of £20million. The Head of Planning and Building Control stated that the Council did not have the financial resources to pay at that level of cost as well as being unlikely to be able to justify the proportionality of spending such a large amount of local public money on a single planning issue without contravention of value for money requirements. 

Members noted with concern the apparent lack of trust between local residents and the Environment Agency regarding how activity at the site was regulated. Members asked whether the operator of the site received prior notification of when inspection visits from the Environment Agency would take place. Jacqui Tootill advised that inspections were carried out both with and without notice being given to the operator, as while inspections without notice allowed an accurate picture of operations to be observed, inspections with notice were required in order to enable the operator to have the correct specialist personnel on site to meet the inspectors from the Environment Agency. It was noted that of the five inspections carried out during 2021 that four had been with notice and one without notice.

Members noted the ground water monitoring activity carried at the site and asked whether any monitoring of water courses in the area was taking place. Jacqui Tootill advised that the monitoring of water courses and surface water was covered by a national monitoring programme that was carried out by the Environment Agency but noted that this programme did not cover every water course. It was noted that the permit for the operation of the site did not require the monitoring of surface water.

Members asked how the Council would ensure that the conditions contained in the 1958 planning permission on issues such as the height of tipping would be managed correctly and complied with by the operator of the site. The Head of Planning and Building Control advised that there was no requirement on holders of planning permission to advise the Council how they would comply with the conditions attached to a planning permission and that the Council would only become involved if they were advised of a potential breach of conditions.

Members sought assurance on how the Council was communicating with local residents regarding the ongoing situation at the site. The Assistant Director noted that the Council’s website contained detailed and up to date information relating to the site. The Assistant Director advised that activity was taking place in order to develop more a more effective communication strategy that would enable local residents to be advised on what powers the Council did and did not have in relation to the operation of the site.

Members noted and agreed that it may be beneficial to write again to the Secretary of State to request that they used their powers to stop the operation of the tip.

The Vice-Chair thanked the Assistant Director - Community Safety and Streetscene, the Strategic Housing and Investment Manager, the Head of Planning and Building Control and Jacqui Tootill, Area Environment Manager at the Environment Agency for attending the meeting and answering member questions.

Resolved:  -

1)    That the report be noted.

2)    That a further report on the current situation regarding the Grange Landfill site be brought to the January 2022 meeting of the Overview and Scrutiny Management Board, or sooner if there are any significant changes regarding the issues relating to the site’s operation.

3)    That the Assistant Director, Community Safety and Streetscene liaises with the Leader of the Council, the Opposition Group Leaders and the Chief Executive on the potential to write a further letter to the Secretary of State for Housing, Communities and Local Government requesting that they use their discretionary powers to either revoke the planning permission granted in 1958 for the Grange Landfill Site or to make a discontinuance order.

At this point the Councillor Barley vacated the Chair. Councillor Clark retook the Chair for the remainder of the meeting.