visits carried out for each site by the counties, can be

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Report to Planning Committee

Date 13 June 2013

By Director of Planning

Title of Report Minerals and Waste Compliance and Enforcement Report

Purpose of Report To advise Members of the overall position with regard to the monitoring and enforcement work relating to minerals and waste sites within the South Downs National Park.

Recommendation: The Committee is recommended to note the contents of this report.

1. Introduction and Summary

1.1 This report summarises the minerals and waste enforcement caseload since 1 April 2012. The report also outlines progress by our partner authorities within the South Downs National Park (SDNP) on monitoring planning conditions attached to mining and landfill sites. An overview of cases where formal enforcement action has taken place.

1.2 Since 1 April 2012, the Minerals and Waste Team has continued to take a proactive role in enforcement. Following on from last year’s review of how monitoring takes place throughout the National Park, areas for improvement were identified in order to bring minerals and waste enforcement in line with the purposes of the South Downs National Park (SDNP). Progress on this work is also provided in this report.

2. Background

2.1 Minerals and waste compliance and enforcement matters are currently carried out on behalf of the SDNPA by East Sussex County Council (ESCC), Hampshire County Council (HCC) and West Sussex County Council (WSCC) under the Agency Agreements with each authority. It is noted that each Local Authority has a different approach to enforcement procedures and site monitoring. The most effective method of ensuring sites are operating within their planning permissions and adhering to conditions is a monitoring visit. There are currently 63 minerals and waste sites monitored across the National Park ranging from quarries to household waste recycling sites.

2.2 Fees for monitoring of mining and landfill sites were introduced in 2006 by the Department of Communities and Local Government. The objectives are that effective monitoring should:

• minimise the need for enforcement or other action;

• identify and avoid potential problems before they arise;

• encourage good practice rather than punish bad practice; and

• be developed as a means of regular liaison with operators and the public.

The maximum number of charged visits to any one site is 8 in any 12 month period. Any additional site visit cannot be charged for. A fee of £288 is payable to the Local Authority in respect to a visit to an active site or £96 in respect to a visit to an inactive site, as defined in the regulations. The Local Authority must notify the operator/landowner regarding the visits. The methods used by the Local Authorities to assess the number of visits required for each site vary.

There are 28 sites within the SDNP which are subject to charging and a programme of inspections for each site is in place. A full list of fee paying sites, including the number of

Agenda Item 21 Report PC59/13

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visits carried out for each site by the Counties, can be found in Appendix 1. All of the sites were visited at least once in the monitoring year, with the exception of Butser Lime Quarry, due to it being inactive and the operator refusing to pay the required fee.

2.3 There are a total of 35 non-fee paying sites within the National Park. A full list of non-fee sites can be found in Appendix 2. The majority of these sites were also visited at least once, particularly the larger waste sites. Some sites such as waste water treatment works generally operate without issue and are not visited unless there is a complaint.

3. Enforcement Action Update

Figure 1 Enforcement and Compliance Sites

3.1 The following summaries provide details of enforcement cases within the National Park in

2012/13:

Minsted Sand Quarry

3.2 Minsted Sand Quarry has been the subject of ongoing negotiations with the operator following concerns by the SDNPA and complaints from the local community with the way in which the quarry is being worked and the apparent breach of planning conditions attached to planning permissions SJ/98/1471 and SJ/98/1472. The site is regularly monitored and visits have identified a number of potential breaches including working beyond the permitted area, depth and gradient which would compromise restoration, manufacturing of cement onsite, mixing of waste/soils and a failure to submit necessary schemes. The operator and landowner have been sent a detailed site monitoring report setting out the SDNPA position on the site, to which the operator has responded. Work is ongoing to resolve the potential breaches.

Figs 2 & 3 Minsted Sand Quarry

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South Down Gun Club, Findon

3.3 In 2012, Horsham District Council investigated the construction of bunds at South Down Gun Club. According to the agent the bunds were constructed for security purposes. On one particular site visit, what appeared to be trommel fines1 were noted amongst the material in the bunds. The focus of the investigation has now changed to that of a waste disposal operation. The Environment Agency (EA) is currently investigating the matter and the outcome of the EA’s investigation will help inform the approach to any further action.

Figures 4-8 South Down Gun Club

Bordean Nursery, Langrish

3.4 The unauthorised importation, processing and burning of waste on land at Bordean Nursery, Langrish had been an ongoing problem. HCC issued stop and enforcement notices and a statement for an injunction has been prepared. Unauthorised waste disposal activities have ceased since September 2012 so the injunction is being held in abeyance unless activities restart. As there are other issues on the site, East Hampshire District Council are also involved.

Riverside Farm, Piddinghoe 3.5 A complaint was received that waste materials were being imported into the site. A joint

site visit was undertaken with an officer from the Environment Agency and the landowner. The landowner had recently acquired the land and was not responsible for the vast majority of the waste on the land which had been imported by the previous landowner. The landowner was clearing the land because he wished to turn it back into an agricultural smallholding – he was given a timescale to clear the land.

1 Trommel fines are left over after the screening of waste material such as construction and demolition waste or skip waste through a trommel. In May 2012 HRMC clarified the rate of landfill tax that applied to this type of waste, making it more expensive to dispose of to landfill.

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3.6 The landowner recently contacted the ESCC to request an extension of time because he was using a professional waste disposal company to complete the clear up and this obviously has increased the cost of the clear up significantly for the landowner. The extension was granted because of the apparent absence of harm and the fact that there is clear evidence that the works are being undertaken. The site is being monitored by both officers from ESCC and the Environment Agency to ensure that the clearance is continuing.

4. Awareness and Initiatives

4.1 In February 2013 the first Enforcement Managers Group meeting was held. The meeting is intended to be a forum for discussion on enforcement and compliance in the National Park. The monthly meetings are attended by both county and district enforcement officers which allows for greater awareness for minerals and waste issues at district level.

4.2 The Minerals and Waste Team have been increasing awareness of waste issues at district level to ensure that potential waste operations are dealt with at the correct level and are subject to waste policy. In September 2012, a Lawful Development Certificate (Proposed) application to determine whether bunds were a form of enclosure at a site under the Shoreham Flyover (off the A283/A27) was submitted to Arun District Council by a waste operator on behalf of the landowner. The case officer at Arun District Council brought the matter to the attention of the SDNPA Link Officer. The application was called in and dealt with by the Minerals and Waste Team due to the potential for the bund to be constructed of waste.

4.3 Following legal advice, it was determined that the proposed operations constituted development for which planning permission is required. The bunds are considered not to be permitted development and amounted to an engineering operation, possibly using waste. This decision has been circulated to enforcement managers at both County and District level within the SDNP as an indication of the SDNPA’s position on bunds.

4.4 As the issue of unauthorised waste disposal becomes an increasing threat to the SDNP, the Minerals and Waste Team have forged better links with the Environment Agency (EA). Waste operators and carriers (for profit) must be registered with the EA. Where waste is being transferred, waste transfer notes most be kept. The EA have the power to request these notes and interview operators where there is doubt over any issue. Exemptions for use of waste in construction must be sought from the EA.

4.5 Operation Mosaic is a partnership project looking at reports of illegal waste sites in and around the Chichester area. The partners are the Environment Agency, Chichester District Council, Arun District Council, West Sussex County Council, South Downs National Park Authority and Sussex Police. The project began in September 2011. Intelligence was gathered from partners which indicated 15, potentially, illegal waste sites. Initial meetings were chaired by Environmental Crime Team officers. An action plan was produced that indicated who would lead on each site. Interventions have ranged from intelligence gathering (support has been given by the intelligence unit of the Environment Agency, West Thames Environmental Crime Team), site visits, advice and guidance through to enforcement.

4.6 Awareness of minerals and waste compliance and enforcement is one particular area were additional work is needed in the next 12 months. It is vital to ensure that members of the public know who to make a compliant to when it comes to minerals and waste matters to ensure it is dealt with by a suitably trained officer. It is also important to continue to work with planning officers at district level to ensure planning applications potentially involving minerals and/or waste are dealt with by the appropriate Authority.

5. Improving compliance and enforcement

5.1 Work continues on implementing a more consistent method of recording monitoring visits across the National Park. A database is now held by the SDNPA showing the date of the last visit, when a Review of Minerals Permissions (ROMP) is due, links to last correspondence and other useful information.

5.2 A Minerals and Waste Enforcement Plan is also in the initial stages of production. It will set out how we will, through the partner authorities, ensure that actions arising from

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compliance monitoring visits are progressed in a consistent way, monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so. The draft Plan will be discussed with the counties prior to consideration by the Planning Committee.

6. Resources

6.1 As per the Agency Agreements, minerals and waste enforcement will continue to be undertaken by the partner County Councils. In the current economic climate it will be necessary to ensure that the level of service provided is not diminished in any way. Any reductions in levels of service may have implications on the monitoring of minerals and waste sites in the National Park.

6.2 Where staff resources have been an issue, it is often the case that visits to waste water treatment works are not undertaken as there is rarely a planning issue with such sites. Monitoring of discharge, etc falls under the Environment Agency’s remit.

7. Risk Management

7.1 Risk 1 – A more proactive role in minerals and waste enforcement by the SDNPA could result in a relaxation of services by the partner authorities.

Mitigation – Ensure that the Section 101 Agreement arrangements for enforcement are being met and, if not, bring it to the attention of the SDNPA Planning Contracts Compliance Officer.

8. Human Rights, Equalities, Health and Safety

8.1 There are no implications arising from this report.

9. Crime and Disorder Implication

9.1 It is considered that the proposal does not raise any crime and disorder implications.

10. Equalities Act 2010

10.1 Due regard, where relevant, has been taken to the South Downs National Park Authority’s equality duty as contained within the Equalities Act 2010.

11. External Consultees

11.1 ESCC, BHCC, HCC and WSCC have provided input to this report.

TIM SLANEY Director of Planning Contact Officer: Peter Wilsdon – Minerals and Waste Support Officer

Tel: 01730 811759

email: [email protected]

Appendices Appendix 1 – Fees Sites

Appendix 2 – Non-fees Sites

SDNPA Consultees Director of Planning, Legal Services, Chief Finance Officer, Deputy Finance Officer & Monitoring Officer

Background Documents

2011-2012 Report: http://www.southdowns.gov.uk/__data/assets/pdf_file/0006/237390/Agenda-Item-16-Appendix-1.pdf

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Agenda Item 21 Report PC59/13 Appendix 1: Fees-Monitoring Sites (active sites in colour)

Site Name/Address Operator Site Description Site Status2 No. of

visits in past year3 Last Site Visit

East Sussex

Novington Sand Pit Dudman Group Ltd Sand extraction Active 1 03/07/12

Filching Quarry (Chalk), Jevington Colin Holloway Chalk quarry Dormant 1 -

Beddingham Landfill Site, Beddingham Viridor Waste Management Landfill site Restored 1 27/06/12

Hampshire

Butser Hill Lime Quarry, Buriton George Ewen Ltd Chalk, Landfill (inert), aggregate recycling

Inactive 0 Fee not paid

Ropley Lime Quarry, Ropley Dudman Group Chalk Inactive 1 -

Chalton Chalk Quarry, Rowlands Castle

Wessex Construction and Plant Hire Ltd

Chalk Dormant 1 -

Frith Lane SITA Landfill (non-inert) In aftercare 1 -

Horndean ( x ) Wellsite, Horndean Star Energy Ltd Oil and Gas Active 4 25/03/13

2 Active – site at which some extraction took place in the past year. Inactive – site worked in the past that still contains consented reserves i.e. is understood site could be reworked at any time without the need for a new planning permission. Closed – Planning Permission has expired. Yet to begin – consent granted (and where applicable legal agreement concluded) but extraction has not yet begun. Dormant – site defined under the Environment Act 1995 as a mineral site where no mineral development has taken place to any substantial extent in, on, or under the site at any time in the period 22nd of Feb 1982 and 6th June 1995, i.e. sites that would need a Review of Old Minerals Permissions application (ROMP) to restart workings. Restored – Restoration scheme implemented and completed. In Aftercare – Planning condition requires restored site to be managed for a specified period after the restoration is completed. 3 Additional site visits may have taken place were complaints were received. This table only shows scheduled site visits.

Key to colours Sand Chalk Gravel Clay Oil and gas Sandstone

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Horndean ( c ) Wellsite, Rowlands Castle

Star Energy Ltd Oil and Gas Active 4 -

Avington, Matterley Farm Pentex Oil UK Ltd Oil borehole Active 4 05/03/13

West Sussex

Coates Sandpit, Fittleworth Barlavington Estate Sand Dormant 1 01/11/12

Heath End Sandpit, Petworth Dudman Group Ltd. Sand Active 3 26/03/13

West Heath Sandpit, Rogate Cemex UK Sand Active 2 21/03/13

Pendean Sandpit, West Lavington Cemex UK Sand

Yet to begin

Site to be Restored

3

26/02/13

Minsted Sandpit, Minsted Dudman Group Sand Active 5 06/12/12

Valdoe Quarry, Westhampnett Dudman Group Gravel Active 3 19/02/13

Winter’s Stone Pit, Easebourne Shropshire Stone Sandstone Active 1 28/08/12

Bognor Common Stone Quarry, Fittleworth

B.C. Stone Co. Sandstone Active 2 12/02/13

Pitsham Brickworks, Cocking Lambs Bricks Clay Active 1 26/02/13

Cocking Chalk Pit, Cocking Cowdray Estate Chalk Dormant 2 17/10/12

Duncton Chalkpit, Duncton Private Owner Chalk Active 3 21/02/13

Newtimber Chalkpit, Pyecombe Robins HPP Chalk Active 2 19/03/13

Golding Barn Quarry, Upper Beeding Betaland Chalk Inactive 3 13/02/13

Upper Beeding Chalk Pit, Shoreham Cement Works, Shoreham

Dudman Group Ltd Chalk Inactive 1 01/11/12

Washington Chalk Works, Washington

Dudman Group Ltd Chalk Inactive 1 14/03/13

Markwells Oil site, Stoughton Northern Petroleum Oil and Gas Active 2 05/03/13

Singleton Oil site, Singleton Star Energy Oil and Gas Active 2 06/11/12

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Slindon Bottom Gravel Pit, Fontwell L&S Waste Management Landfill (Inert) Closed 1 14/09/12

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Agenda Item 21 Report PC59/13 Appendix 2: Non-Fees Monitoring Sites (active sites in colour)

Site Name/ Address

Operator Site Description Site Status4 No. of visits in past year5

Last Site Visit

East Sussex

Greystone Quarry, Southerham MDJ Lights Bros Waste transfer and recovery facility Active 1 06/07/12

Unit 18 & 19 Cliffe Industrial Estate, Lewes

MDJ Lights Bros WEEE storage, transfer and recycling Active 1 06/07/12

Units 25 & 26, Cliffe Industrial Estate, Lewes

Sussex Skips (Kingston Transport)

Recycling centre, including sorting, processing and storage plus operation of skip business.

Active 1 02/07/12

WWTW, Ham Lane, Lewes Southern Water Wastewater treatment works Active 1 29/11/12

HWRS, Ham Lane, Lewes Veolia (on behalf of ESCC) Household waste recycling site Active 1 29/11/12

Kingston Hollow WWTW, Swanborough

Southern Water Wastewater treatment works Active 1 17/08/12

4 Active – site at which some extraction took place in the past year. Inactive – site worked in the past that still contains consented reserves i.e. is understood site could be reworked at any time without the need for a new planning permission. Closed – Planning Permission has expired. Yet to begin – consent granted (and where applicable legal agreement concluded) but extraction has not yet begun. Dormant – site defined under the Environment Act 1995 as a mineral site where no mineral development has taken place to any substantial extent in, on, or under the site at any time in the period 22nd of Feb 1982 and 6th June 1995, i.e. sites that would need a Review of Old Minerals Permissions application (ROMP) to restart workings. Restored – Restoration scheme implemented and completed. In Aftercare – Planning condition requires restored site to be managed for a specified period after the restoration is completed. 5 Additional site visits may have taken place were complaints were received. This table only shows scheduled site visits.

Key to colours Commercial waste processing and recycling Composting Household waste recycling Waste water treatment

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Streat WWTW Southern Water Wastewater treatment works Active 1 02/07/12

Offham WWTW Southern Water Wastewater treatment works Active 1 02/07/12

Composting Site, Beddingham Beddingham Composting Facility, Beddingham

T J Composting Active 1 -

Hampshire

Bishop’s Waltham HWRC,

Claylands Road

Hampshire County Council Household waste recovery Active 0 -

Petersfield HWRC, Bedford Road Hampshire County Council Household waste recovery Active 0 -

Upper Ashurst Farm, Liss RF Salvidge Waste Processing, Aggregates Recycling

Active 0 -

Petersfield Depot Raynesway Construction Waste processing Active 0 -

Blackmoor Estate Gregory Gray Associates Waste Treatment (soil recycling) Active 2 liaison meetings 11/12/2012

The Lambing Yard, Windmill Down Farm, Hambledon

Alsoils+ Waste Treatment (soil recycling) Active 1 11/03/2013

Heberdens Farm, Finchdean Mr A Fisk Recycling of construction and demolition waste

Active 2 -

Selborne Brickworks (Haul Road) Patrick Benham-Crosswell Haul Road to AD plant Yet to begin 1 11/12/12

Bensgreen Farm, Froxfield Regeneration Services Ltd Composting Active Approved Jan

2013

Not yet monitored -

Morestead WTW, Winchester Southern Water Services Ltd Wastewater treatment works Active 2 -

Petersfield WTW Southern Water Services Ltd Wastewater treatment works Active 1 -

Avington WTW Package Plant

Avington Park

Southern Water Services Ltd Wastewater Treatment Works Active 0 -

Land adjacent Hurst Farm, Marwell, Thompsons Lane,

Owslebury

Radley House Partnership Temporary waste transfer station Active

0 -

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South Leigh Landfill Site Horndean

Veolia Environmental Services (UK) Plc

Landfill Closed 0 -

The Potato Yard, South Holt Farm, Dean Lane End, Finchdean, Rowlands Castle

Mr. J Bellinger Waste transfer station Inactive 0 -

Pest Cottages, West Meon

RJ and GR Silk Landfill (inert) Closed 0 -

West Sussex

Amberley Southern Water Waste Water Treatment Works Active 2 12/05/12

Ambersham Southern Water Waste Water Treatment Works Active 4 13/05/12

Hardham Southern Water Waste Water Treatment Works Active 2 -

Pulborough Southern Water Waste Water Treatment Works Active 3 -

South Harting Southern Water Waste Water Treatment Works Active 2 -

Watersfield Southern Water Waste Water Treatment Works Active 3 -

Titnore Lane Eurogreen Composting Site Active 2 ?

Newtimber Newtimber Recycling Inert Recycling Site Active 2 19/03/13

Shoreham Cement Works Dudman Group Inert Recycling Site Active 2 01/11/12

Valdoe Recycling Dudman Group Inert Recycling Site Active 4 19/02/12

Midhurst Household Waste Recycling Site Active 1 16/08/12