Agenda item

The report before members detailed an application relating to a 177 hectare site located on the River Thames at the most south eastern part of the Borough. The application site currently benefited from an existing consent to deposit refuse materials through controlled landfill.

The site was to be restored by 2018 relying solely on river sourced waste imports from 2012. The current application was agreed in principle by the Regulatory Services Committee under planning reference U0013.09, and the Council was now the Local Planning Authority. At that time the London Thames Gateway Development Corporation (LTGDC) was the Local Planning Authority for the area in which the application site was situated.

The LTGDC Planning Committee of 10 September 2009 resolved to grant planning permission subject to completion of an agreement under Section 106 of the Town and Country Planning Act 1990. The planning agreement had not yet been completed and the planning obligations and planning conditions subject to minor amendment were set out in the report.

An additional planning obligation was included pursuant to Section 106A of the Town and Country Planning Act 1990 (“the 1990 Act”) which on implementation of planning permission under planning reference P1295.11 the planning obligation in the existing agreement dated 6 February 1998 would no longer have effect.

With its agreement, Councillor Tucker addressed the Committee. Councillor Tucker remarked that the landfill at the site should have come to an end some time ago but was continuing due to further extensions being granted. Councillor Tucker asked that the Committee give careful consideration to the report before agreeing planning permission.

During the debate members considered the possibilities of possible noxious smells and dust emanating from the site.

It was RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the planning conditions set out in this report and subject to the applicant first entering into a Legal Agreement under Section 106 and Section 106A of the Town and Country Planning Act 1990 (as amended), to secure the following:-

·        Submission of a Travel Plan which included the limitation of waste vehicle movements to 300 per day which should be reduced as public access increased and volumes decrease to be reviewed annually or as otherwise agreed;

·        Grant London Borough of Havering the option of a leasehold on the application site on a phased basis subject to an independent review of contamination, pollution and health risks;

·        Upgrade the existing Rainham to Purfleet paths and the Third Riverside Path to a public right of way for use by pedestrians and cyclists;

·        Maintain that part of Coldharbour Lane dashed black on Plan 2 to a standard reasonable for public access

·        Grant London Borough of Havering a option to purchase Aveley Saltings subject to the necessary interest being held by the Owners;

·        Ensure that Veolia extend public liability insurance should early public access be exercised;

·        Provide realistic timeframes to allow early public access subject to agreement of the Local Authority;

·        Provide for public access in defined areas of the application site outside of operational and restricted areas through adequate measures;

·        Submit and carry out an Ecological Method Statement for the treatment of existing habitats on already established areas to include a monitoring programme for over-wintering bird populations;

·        Submission  and implementation of an Ecological Management Plan for approval by the LPA;

·        Submit and implement landscape and restoration plan;

·        Revisit the settlement model at regular agreed intervals and provide a contingency plan.

·        Provide and implement an Odour Mitigation strategy to the satisfaction of the LPA;

·        Upon Service of the Final Completion Notice and until the end of the Aftercare Period the Owner/s should make available to the Council the Gatehouse or any alternative building suitable for use as an environmental centre and during that period the Owner/s should maintain and repair the premises fit for purpose and an environmental centre.

·        The obligations in the existing agreement dated 6February 1998 to be discharged on the implementation of the planning permission under planning reference P1295.11 subject to all relevant obligations required by the Council and relevant to the planning permission (P1295.11) being reflected in the planning agreement associated with the said planning permission.

That staff be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions set out in the report.

The vote for the resolution to grant planning permission was passed by 10 votes to 0 with 1 abstention. Councillor Durant abstained from voting.