Access and vehicle movements
This page was last updated on 8 August 2022
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; however, it is clear from the legal documentation that the owner of the tip has a right of way over the land. This legal documentation has recently been released as part of an FOI request.
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 and the Council currently awaits a response from the Planning Inspectorate as to how this matter will proceed.
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.