Update from EEBC about the Chalk Pit - letter 16 September 2022

Clare Lawrence
Director of Environment, Housing and Regeneration

Local Residents Via email

Date 16 September 2022

Dear Sir or Madam

Chalk Pit, College Road Epsom

Contact Direct line Email

Town Hall The Parade Epsom Surrey KT18 5BY

Main Number (01372) 732000 Text 07950 080202 www.epsom-ewell.gov.uk DX 30713 Epsom

Rod Brown 01372 732546 rbrown@epsom-ewell.gov.uk

This letter updates local residents on activities from the Borough Council, Environment Agency and Surrey County Council associated with the Epsom chalk pit.

Updates from Epsom and Ewell Borough Council

The Council has dedicated significant resources in noise nuisance monitoring from the Chalk Pit following the lifting of the Environment Agency suspension notice. The Council's Environmental Health Team carried out over 20 hours of in person monitoring including both early morning and later daytime observations from two locations. This considerable effort was seeking to understand the noise impact, specifically following noise mitigation work carried out on the NJB trommel.

The Council has also carried out 10 hours further monitoring work including joint observations with the Environment Agency and onsite meetings with two out of the three waste operators in the pit.

This substantial investigation by the Council, since the implementation of mitigation measures to the trommel, has been primarily to assess for statutory nuisance. Whilst we have the benefit of considerable evidence from residents and local Members, it is important that our officers can witness any noise objectively to be able to consider issuing an abatement notice.

Your reporting of noise events has been influential in the planning of our monitoring activity, ensuring our officers visit at suitably representative areas and times, including early mornings. The conclusion of this investigation is that there are occasions when the noise from the chalk pit is audible in the local area and that this noise may, reasonably, be considered annoying, upsetting for residents and may have a negative effect on the quality of the local amenity. However, the investigation has not produced evidence that the noise from the chalk pit, witnessed during the

investigation, is at a level or of significant duration which represents a statutory nuisance in accordance with the legal definition. The legal definition and case law is significant as this determines if the Council could substantiate statutory nuisance and if legal action would be successful.

On the occasions noise has been witnessed, the noise has been audible but it in the officer's judgement, was not considered to be materially interfering with the normal enjoyment of land, as is the legal threshold.

It is not possible for the Environmental Health Officers to be always present, however, the Council has invested significant effort into monitoring for noise nuisance since the mitigation measures were put into operation by one of the three waste operators on site.

As a result of the monitoring Environmental Health Officers have identified some contraventions of the warning notices previously issued on occupiers of the Upper Rim area in respect of the use of chain guards involving one operator and enforcement action is progressing regarding this. They have also verified that the previously agreed actions on the rim are being adhered to. Whilst activities from this area are not silent, it is felt the noise from the rim remains at a lower level and not at the same frequency than previously experienced.

Officers have continued to review all complaints that have been received by the Council and have noted that residents made comments around the noise present between 31/8 and 3/9. This period appears to have been when there were unusual north easterly winds which may have carried noise directly towards residential areas.

I fully appreciate that this conclusion to the Council's investigation will be hugely disappointing to many of you, I am satisfied however that the investigation has been appropriate and reasonable. I know that there is a considerable amount of information submitted and gathered as part of this investigation, but any legal action must be based on evidence which is current and representative of the current situation, and not that of several months ago.

The Council is satisfied that the statutory responsibility in respect of nuisance investigation has been discharged at the current time. However, it is recognised that it would be reasonable to maintain the case open especially whilst the planning permission remains undetermined, and the Environment Agency are undertaking further work. Therefore, the Environmental Health Officers will continue to undertake visits and respond to noise complaints although they will not be on such an intensive manner as recently completed. You are invited to continue to notify the Council of any substantial noise events by send them to the dedicated inbox atchalkpit@epsom-ewell.gov.uk which will continue to regularly monitored.

Environment Agency

We know that the activity at the Chalk Pit remains of concern to the local community and are committed to responding to issues relating to noise and dust in line with the requirements set out in the environmental permits in place at three locations within

the Chalk Pit. The three permitted sites are operated by Skip-It (under the permit issued to NJB), Epsom Skip Hire and PM Skips.

We continue to undertake a mixture of announced and unannounced site visits to assess concerns around noise and dust. We have noted some recent improvements from dust and noise emissions from the permitted sites but are still working to drive further improvements. Our air quality monitor will be withdrawn in the coming weeks which will allow analysis of the sources and quantities of dust being produced. We are also reviewing further air quality monitoring that provides more detail on the composition of the dust, rather than source and particle size with the current equipment. We have instructed NJB/Skip It and Epsom Skip hire to upgrade their dust suppression systems and will monitor their response and the impact this has.

We have instructed external consultants to undertake noise monitoring assessments in and around the Chalk pit this month.

We anticipate the consultation on the transfer of the Environmental Permit from NJB to Skip-It will be live by the end of the month. Our local team have been working closely with our National Permitting team on the background information on the site and further information on the recent history. The consultation window is usually 28 days. Once the consultation goes live we will email all those people and businesses who have contacted us about the site to date and they are welcome to share the links to other relevant people and groups. We anticipate a large number of responses to the consultation and we will review and assess all comments submitted.

If you are affected by noise or dust from the site this should be reported to the Environment agency by calling the incident communication hotline on 0800 80 70 60. It would be helpful if residents could include the following detail in any report

• Time of noise first heard

• Description of the noise (banging, crashing, clanging, grinding, humming,

  engine noise etc)

• Duration of the noise.

• If known, origin of the noise (e.g. rim of chalk pit, Epsom skip hire or NJB site

  etc.)

  Surrey County Council (planning)

  As regards the planning application that is currently with the Secretary of State, we received an update from the Casework Unit last week who confirm that a decision is still to be made. The current delays are due to the changes because of the new Prime Minister - the Secretary of State has been appointed but decisions are still awaited on junior ministers. They assure us that the case is a priority but that further delays are inevitable.

  We are still seeking to establish a meeting with the landowner and will be able to provide a further update once the meeting has occurred.

We will endeavour to keep you apprised of our progress and once again may I extend my thanks to those who we have imposed on to date.

Yours faithfully,

Rod Brown
Head of Housing and Community