Agenda and minutes

Apologies for absence were received on behalf of Councillors B. T. Cooper, L. C. R. Mallett and C. B. Taylor as well as from Kevin Dicks and Mr Charles Bateman.

The notes were agreed.

Fiona Upchurch (FU) provided an update on action that had been taken since the previous meeting.  A redacted copy of the Reservoir Safety Enforcement Notice had been circulated in advance of the meeting and action was taking place to implement the requirements detailed in the notice.  The Environment Agency (EA) was liaising with the owner of the site and the engineer working on the site.  Progress was being made and works that did not require planning permission were being addressed; for example the polymer linings of the drainage channels had been repaired. 

Ruth Bamford (RB) confirmed that the Council had not received a planning application since the last meeting and therefore planning permission had not been requested.

Mark Cox (MC) from Worcestershire Regulatory Services (WRS) clarified that prior to planning permission for capping, the site was considered landfill.  Under the Planning permission granted the landowner was required to monitor compliance with various conditions but specifically a monitoring schedule which might be updated.  There had been some concerns about how monitoring was being conducted at the site as the results had not ’made sense’ from what was known about the site and so Bromsgrove District Council had employed an external organisation, Exea Associates, to undertake some monitoring work.

Exea Associates had looked at various matters including risk to properties close to the site and shadowing the consultants on the site whilst they were monitoring.  Exea Associates had reported back on their findings regarding internal monitoring of private properties to the individual householders at the time of the monitoring. The results of the borehole monitoring of the landfill have been provided in the form of a report and the report contained a number of conclusions and recommendations to the Council and WRS.  A copy of the report had been provided to the landowner.  WRS would work with the landowner to agree a revised monitoring schedule for compliance of the Planning Condition and ensure that future monitoring reports were fit for purpose.  It was confirmed that the Exea Associates report would be published on the Council’s website by the end of the week.

A number of additional questions were raised in respect of the following areas:

·                The possibility for redacted sections of the Reservoir Safety Enforcement Notice to be made public once all of the listed actions had been implemented.  FU advised that she would need to seek legal advice on this matter.

·                The lack of any appeals against the Reservoir Safety Enforcement Notice.  FU confirmed that the deadline for appeals had passed and that no appeal had been received.

·                The potential for the materials placed on the site to be addressed in conditions imposed through the planning process.

·                Confirmation that a new Waste Recovery Plan had been submitted and was being assessed by the EA National Permitting Service.

·                The need for the landowner to obtain a new waste permit for waste recovery following an EA High Court Ruling.

·                The monitoring process in respect of materials at the site.

·                The involvement of 3 different groups in the monitoring process including the EA, the engineer on site and the Council through the planning process.

·                The need for the landowner to obtain planning permission in order to bring waste onto the site.

·                The depth of the restoration soil that could be placed on the site and the minimum and maximum levels that would be determined through the planning process.

·                The requirements from the landowner in terms of applying for planning permission.

·                The timeframes for enforcement action and the need for the EA to abide by the deadlines set out in the Reservoir Safety Enforcement notice.

·                The action that had been taken to address the health and safety points raised in the notice, which were not subject to planning permission.

Meetings have been scheduled in for 21^st July and 17^th November 2016.

At the proposal of the Chairman it was agreed that the next scheduled meeting of the Marlbrook Tip Working Party, due to take place on 21st July 2016, should be cancelled.  The next meeting of the Working Party would therefore take place on 17th November 2016.