Recommendation: Conditional approval

Proposal: Application to vary condition 7 of planning consent 153172 in order to extend the time for the deposit of engineering/restoration materials (inert waste) from 21 years from the date upon which the deposit operations commenced to 23 years, and to extend the time for the completion of the site’s restoration from 22 years from the date upon which the deposit operations commenced to 24 years

Applicant: Mrs Veronique Bensadou, Grundon Waste Management Limited

The Committee received and reviewed a report, set out in agenda pages 87 to 118.

The Committee were advised that the Members’ Update included:

·           An additional condition to allow for monitoring of site progress;

·           Further clarification regarding how a consultation response from Maureen Hunt, Borough Councillor for RBWM Hurley and Walthams Ward, was considered and presented within the report;

·           Further clarification regarding concerns about litter and smell, which should not be occurring from the subject site as it had now been capped;

·           A further letter from the applicant outlining their confidence to be able to complete the site.

In line with the given deadlines, three public written submissions were received for this item. These submissions were circulated to Members in advance, and noted on the evening. The submissions as provided can be found below.

Barton Willmore, on behalf of Residents of Star Lane and Knowl Hill, provided the following submission in objection to this application.

“Barton Willmore submitted a detailed response to the planning application which we trust members have had the opportunity to read and digest.

Fundamentally, this objection focuses on the fact that the case Officer’s report acknowledges the detrimental impact that the Star Works Site has on residential amenity, however there remains a reliance on planning conditions that are neither complied with nor enforced.

In allowing the original application at appeal, the Inspector identified that, notwithstanding the inconvenience likely to be caused by a site such as this (due to the proximity to residential dwellings), the disadvantages would be spasmodic and short lived, and must be set against the considerable long-term benefit.

The application currently before you, seeks to extend the time limit to 2023 to cease deposits of waste material, and 2024 to complete restoration. A total of 5 years beyond that envisaged by the Inspector when they referred to ‘short term pain for long term gain’.

The Council, like the Inspector before them, have historically sought to rely on the ability to enforce against breaches of planning conditions to protect residential amenity; environment and highway safety, and it is noted that the same position has been adopted this time round. Your Officer refers consistently to the existence of Conditions which will protect residential amenity.

However, the fundamental point, is that to serve their purpose and be effective, the conditions must be enforced. The residents of Star Lane and Knowl Hill feel let down by the Council, who have consistently failed to enforce against clear breaches of conditions and have indicated that they are unable to do so; and also  ...  view the full minutes text for item 7