Access and vehicle movements
This page was last updated on 25 July 2024
The Council therefore has no means under Planning or other legislation to regulate the times or numbers of vehicles accessing the Grange Landfill site.
A development of this nature today would usually require a Transportation Assessment, which would be submitted as part of the planning application. That would consider (amongst other things) the impact of vehicles on the nearby highway network, particularly in terms of the safety of pedestrians and other road users.
Unfortunately, this was not required as part of the 1958 planning permission and there is no mechanism for the Council to require it of the operator now.
The operator has a legal duty to ensure that heavy goods vehicles (HGVs) are operating safely both on the highway and the access road. Any manoeuvres should therefore be being undertaken with any risk to other road users and pedestrians in mind.
Any issues in terms of speeding, poor driving or obstruction of the highway should be reported to the Police via https://www.southyorks.police.uk/contact-us/report-something/ or using 101.
Access from Droppingwell Road via Upper Wortley Road
The Council has assessed the road layout in terms of the access to the site.
A heavy good vehicle (HGV) of the type used by the contractor can readily turn right into the site and left out of the site. The Council therefore expects HGVs should approach and leave via the A629 Upper Wortley Road to the north of the site.
HGVs should not be using the route to the south. This is because a left turn into the site would encroach beyond the tarmac drive within the site and a right turn out of the site would overhang the public footway on the opposite side of Droppingwell Road.
Given the increase in HGV movements to and from the site, following the restart of operations in February 2021, the Council has introduced a temporary traffic restriction to legally prevent HGVs from turning right out of the site and left into it.
A permanent Environment Weight Restriction traffic regulation order (TRO) is expected to come into force later in 2021 in line with the implementation of proposals to improve air quality on sections of the A629 Wortley Road (see section on Air quality).
Site access road
The access road to Grange Landfill site is on land owned by the Council, with the Operator claiming a right of access over the land. The Operator has set out in detail the reasons that they claim a right of access has been established.
The Council’s Legal Team have fully reviewed and considered possible legal arguments and in addition have sought external legal advice from experienced Counsel on four separate occasions in relation to the rights of access.
The information provided to date provides evidence that the operator has a right of access over the land. Therefore, the Council is not able to prevent MHH from using the right of access to the landfill site. This legal documentation has recently been released as part of an FOI request.
On the 12th April 2023 it was agreed at full Council that the Council would launch a call for evidence, the Council wrote to over 3,000 properties in the area to explain the position and to ask for evidence to be submitted.
There are several ways in which a claim for a right of way over the accessway can legally be established, the three arguments that could be advanced by the Operator are: -
(a) by conveyance of 13th February 1929;
(b) by proprietary estoppel;
(c) by Lost Modern Grant.
It is important to note that the Operator would only have to succeed with one of these approaches in order for them to obtain a declaration of the right they assert.
The route on the 1929 conveyance is generally referred to as C-D on the plan, this route runs from and to Droppingwell Road opposite Dukes Lane and passes over what is now Grange Park.
There is another entrance and exit on Droppingwell Road, this is what is now known as “the Accessway”. It is a relatively short stretch of tarmacked pathway that runs between Droppingwell Road and a gate adjacent to Millmoor. At that point the Accessway is joined by C-D.
The 1929 conveyance does not in all probability establish that C-D is inclusive of the Accessway. However, it is possible to infer from the documentation an agreement between Alick Watson and NCB or RMBC that C-D was varied to include the accessway.
The Council’s view is that the Operator has a reasonable prospect of success based on the present documentation.
Evidence submitted as part of the call for evidence claims that the accessway was not available prior to 1975, that only NCB vehicles were using it until 1971 and that vehicles from 1975-1989 used C-D from its access point at Droppingwell Road opposite Dukes Lane in any event. However, the substance of this evidence has not been made available, only a summary, and therefore it is not possible for the Council to evaluate the likelihood of that evidence substantiating the points made.
Proprietary Estoppel
The Operator claims that owing to works that were carried out in 1995 they are entitled to rely on the legal principle of Proprietary Estoppel. Proprietary Estoppel is a legal principle that can be used by one party (in this case the Operator) to claim rights over another person’s property (in this case the Council).
The Council have once again reviewed the position in relation to this and the position remains that the Council is of the view that the Operator would succeed on this basis.
Lost Modern Grant
In respect of this claim the Operator would need to show 20 years use of the accessway without force, stealth or permission, the plans presently are consistent with such a claim. Without access to tipping records then the Council is unable to assess the chances of success.
As a result of the above the Council’s position remains the same in that the Operator will be able to establish a legal right of way over the accessway.
Grange Landfill Ltd has shared access rights with Millmoor Juniors Football Club.
The Council has a duty not to obstruct the use of the access way, but it has no duty to maintain the access route in a useable condition. There are no restrictions in place in terms of the use of the access route that has been granted.
The Council has taken steps to ensure that the site operator cannot damage Council green space when using the access, by erecting a gate and barriers to prevent turning on our land at the site entrance.
As a public right of way crosses the access road, the Council has also erected signs to warn pedestrians using this that there may be vehicles moving on the road. The installation of these signs in no way takes away the responsibility from the operator to work in a safe way on the access road.
Grange Landfill Ltd has a legal duty to operate safely and to take steps to ensure the safety of others using the access road, such as Millmoor Juniors Football Club and the general the public. The football club also has a duty to ensure that any risks to the operation of their site are understood and mitigated as far as possible.
Given the nature of the site, the Council’s is keen for both parties to agree safe working procedures and methods that would remove or reduce the risks that have been identified. The Council is attempting to work with all parties and the Health and Safety Executive to support this.
Public rights of way
The Council received an application for a public right of way on the site in August 2020.
A decision was taken and published on 19 July 2021 which requested that Rotherham Council Legal Services make a definitive map modification order (DMMO) to add the routes detailed in the report to the Definitive Map as public footpaths. This order was made on 27 August 2021 for a six-week statutory consultation.
An objection has been received and as a result the matter has been submitted to the Planning Inspectorate for confirmation. This process is likely to require a public inquiry.
Due to a minor discrepancy in the dates within the Order, there was a delay in the matter being heard, a new Order has now been made and lodged and the Council is awaiting a date for the consideration of this.
Objectors and those who have made representations will be contacted by the Planning Inspectorate shortly in relation to this to ensure that they are aware.
Until this process is complete, and the definitive map modification order is confirmed, the public right of way is not in place and is not able to be used.
The decision of the Secretary of State will be to either confirm the Order, not confirm the Order or confirm the Order in a modified form (this may require further consultation). Unless and until the Order is confirmed by the Secretary of State, the rights of way cannot be detailed on the Definitive Map.