Agenda item

The Assistant Director - Community Safety and Streetscene, the Head of Planning and Building Control and the Litigation Services Manager 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). Another update had then been provided at the meeting of the Overview and Scrutiny Management Board on 28 July 2021 where it had been resolved that “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,” (Minute No.30).

In introducing the report, the Assistant Director - Community Safety and Streetscene advised that the report provided a further update on activity surrounding the site since July 2021. The Assistant Director advised that since the last update that had been provided to the Overview and Scrutiny Management Board in July 2021, the operator had continued to undertake works on site to prepare the site for full operation and to fulfil the requirements of the Environment Agency Permit. The Assistant Director advised that this preparation work had continued to involve the importation of inert waste for use in its construction, which was legally allowed under the terms of the Permit. It was noted that at the date of the report that the conditions of the Environment Agency had not been met, and that as such full landfilling operations were not able to commence.

The report also provided updates on:

·       the Planning Permission on the site and related issues, including the issuing of a Planning Contravention Notice (PCN)

·       Access issues related to the site

·       Public Rights of Way

A written update on the site from the Environment Agency was also attached as an appendix to the officer’s report.

Members noted the Planning Contravention Notice (PCN) that had been served on the site operators on 2 September 2021 and asked how confident officers were that the operator would comply with the requirements of the planning permission in future. The Head of Planning and Building Control assured members that by law the site operator was required to provide an accurate response to the issues and concerns raised by the PCN and advised that he was confident and satisfied that with the accuracy of information contained within their response to the PCN. The Head of Planning and Building Control noted that with regard to planning enforcement at the site in future that it was only possible to consider activity that had already taken place at the site and not what may or may not happen in the future. The Head of Planning and Building Control advised that discussions had taken place with the operator of the site regarding how they planned to comply with the action plan that had been created in response to the PCN. The Head of Planning and Building Control assured members that any future reports of potential breaches of the planning permission would be fully investigated and that proportionate enforcement action being taken as required.

Members asked if there was an “Improvement Plan” included within the Environmental Permit for the operation of the Grange Landfill Site regarding communication and engagement with local communities. The Assistant Director noted that the responsibility for the content of the permit and how the operator complied with the conditions contained in was the responsibility of the Environment Agency as the permit issuer. The Assistant Director advised that officers could however discuss the possibility of the development of an Improvement Plan with the Environment Agency.

Members noted that as many elected members had never visited the Grange Landfill Site that a site visit to enable them to see the site would be beneficial. Members also noted that a public meeting with the Environment Agency, the site operator and Council officers would also be useful in order to increase public understanding of the issues surrounding the operation of the site. The Assistant Director advised that he would contact the Environment Agency to discuss the possibility of a site visit and a potential public meeting. The Vice-Chair noted that the Council’s website contained a section that provided detailed information and answers to many frequently asked questions regarding the operation of the site.

Members questioned why there was no representative of the Environment Agency present at the meeting as there had been when the last update had been provided to the Overview and Scrutiny Management Board in July 2021. The Assistant Director advised that at the time when report was being prepared that due to the impact of the pandemic, that staff at the Environment Agency had been advised not to attend in-person meetings. The Assistant Director noted that a detailed briefing from the Environment Agency on the current situation at the site had been submitted and had been attached as an appendix to the report.

Members noted their concern that the operator of the site appeared to have a lack of interest and care in communicating and engaging with local residents and asked what could be done to build trust between the Council and local residents around the operation of the site. The Assistant Director assured members that the operation of the site and the issues surrounding it were taken very seriously by the Council. The Assistant Director advised that the Council had invested significant resources and time into monitoring the issues surrounding site and was committed to minimising the impact of the operation of the site on local residents. The Assistant Director also noted the motion that had been passed by the Council in 2017 stating the Council’s opposition to the operation of the site.

Members noted the Definitive Map Modification Order that had been made in relation to a number of claimed rights of way over the site and the subsequent objection to the order that had been received. Members asked that now the final decision on the Modification Order would be made by the Secretary of State if officers could provide an indication of the next steps and timescales involved in this process. The Litigation Services Manager advised that it was not easy to predict exactly how long the decision by the Secretary of State would take as initially they would have to decide the format of their response to the objection. The Litigation Services Manager advised that due to the substantial nature of the objection that the response would most likely be informed by a public enquiry, noting that currently there was an 18-month backlog for public enquiries waiting to be held. The Litigation Services Manager advised that the Council’s submission to the Secretary of State had been prepared and would be submitted as soon as the Council was asked to provide it.

The Vice Chair thanked the Assistant Director - Community Safety and Streetscene, the Head of Planning and Building Control and the Litigation Services Manager for attending the meeting and answering member questions.

Resolved: -

1)    That the report be noted.

2)    That further update reports on the Grange Landfill site be brought to the Overview and Scrutiny Management Board as and when there is a substantial change in the situation regarding the operation of the site or to any related issue.

3)    That the Assistant Director, Community Safety and Streetscene liaises with Environment Agency to organise a site visit for all elected members to the Grange Landfill Site.

4)    That the Assistant Director, Community Safety and Streetscene liaises with Environment Agency to discuss the possibility of holding a public meeting regarding the operation of the Grange Landfill site.

5)    That the Assistant Director, Community Safety and Streetscene contacts the Environment Agency regarding the potential development of an “Improvement Plan” to be included within the Environmental Permit for the operation of the Grange Landfill Site regarding communication and engagement with local communities.

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