The concerns were raised in a report written by Andy Webber, head of development management and strategic planning, which was noted by the council yesterday (6 December).
According to the report, Sutton council “is now considering the full range of potential enforcement powers available as it appears increasingly unlikely that the restoration will be completed on time”.
Valencia said in July that it is “committed to the delivery of the scheme within timescale”.
Permit
Sutton council said that Viridor was obliged to restore the landfill site into a nature reserve by the end of 2023, as part of planning permission for the adjacent Beddington energy from waste (EfW) plant.
However, Viridor’s landfill and landfill gas business was sold to Frank Solutions in April (see letsrecycle.com story), now known as Valencia Waste Management (VWM).
Sutton said that VWM is now required to restore the site from landfill by the end of 2023.
“This includes a variety of new habitats, including wet grasslands and acid grassland / lowland heath, as well as the management and enhancements of habitats created prior to the agreement of the current planning condition,” the report says.
The council report said it wrote to VWM on 26 October 2022 requesting a programme of works, “but at the time of publication of this report, this had not been received”.
The council said it had also asked Viridor for a detailed programme of works in 2019, with costings explaining how the end date for the restoration works of December 2023 can been achieved.
Despite asking for this twice, the report says, “it has not been forthcoming”.
Concern
After not receiving the required information, the report noted “overwhelming concern” that there is “insufficient time and resources available for VWM to complete the restoration by December 2023”.
This is despite the fact that VWM have “repeatedly been asked to give this project their urgent attention”, it added.
Works
For the acid grassland, the report said: “Whilst there has been a year of preparation of the soil in readiness for the sowing of a nursery sward, no further progress has been made despite the best efforts of officers and it is now likely too wet on site and too late in the season for seeding to have any meaningful effect.”
With regards to a public path to access the site, the report said VWM, and previously Viridor, both gave assurances that an application to vary the restoration plan would be submitted, but “this has still not been received and this is of considerable concern to the public”.
For the meadowlands, the report said the council is “concerned about the lack of urgency and attention” given to the project.
The report said: “Whilst it was agreed that the area be managed intensively during 2022 to control the weed burden, although some management has taken place, this has been poorly thought out and timed and the necessary additional seeding has not taken place.”
‘Committed’
In July, a report went before the council which provided a commentary on the restoration update received from VWM.
This explained that VWM were “committed to the delivery of the scheme within timescale and outlined the work completed and work in progress to date”.
The council report said: “Attention was drawn to work underway and completed with stakeholders including land owners and members of the public to create permitted footpaths… VWM Management explained that work was being completed and the baseline for the habitats was being agreed with council officers, acknowledging that there had been a significant delay in bringing forward the solution for the acid grassland habitat.”
There is an overwhelming concern by the council
- Sutton council
Implications
While the council said it was concerned, at this time “there is no material breach of planning control because that would only occur if the restoration is not completed in full accordance with the timescales”.
The report said: “VWM have repeatedly been asked to give this project their urgent attention but there is an overwhelming concern by the council that there is insufficient time and resources available for VWM to complete the restoration by December 2023.”
It added that enforcement action is now being considered.
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