GLOUCESTER CITY COUNCIL

COMMITTEE : PLANNING

DATE : 5TH MAY 2009

ADDRESS/LOCATION : UK ICE CREAM, CORINIUM AVENUE, BARNWOOD

APPLICATION NO. & WARD : 09/00083/FUL BARNWOOD

EXPIRY DATE : 15/4/2009

APPLICANT : UNILEVER UK

PROPOSAL : CONSTRUCTION OF AN ANAEROBIC EFFLUENT TREATMENT PLANT AND COMBINED HEAT AND POWER (CHP) PLANT INCLUDING THE INSTALLATION OF TWO 9.7 METRE HIGH TANKS AND ONE 23.8 METRE HIGH TANK ADJACENT TO THE BOILER HOUSES AND THE INSTALLATION OF ONE 9.7 METRE HIGH BALANCE TANK TO THE REAR OF THE NEW COLD STORAGE BUILDING

REPORT BY : JOANN MENEAUD/MEYRICK BRENTNALL

NO. OF APPENDICES/ : 1. LOCATION PLAN OBJECTIONS 2. SITE PLAN 3. 10 LETTERS OF REPRESENTATION

1.0 SITE DESCRIPTION AND PROPOSAL

1.1 The application site is located off Corinium Avenue between Walls roundabout and the C&G roundabout. The railway line which is elevated to the site runs along the Northern boundary. The whole of this site was originally occupied by Walls Ice Cream factory but in recent years the South Western part of the site has been separated and is now in different ownership. Access to the site is via Corinium Avenue and is strictly controlled with staff and visitor parking separate from the factory itself. The majority of the proposals themselves will be sited on the easterly extent of the existing factory on unmade ground currently used for informal storage. The site for the upgraded balancing tank is between the railway and the new cold store.

1.2 The application has 2 main components. The first is a new combined heat and power plant (CHP). This generates electricity by burning gas in a conventional internal combustion engine. Heat that is normally wasted is salvaged and put

PT05059A to good use in the industrial uses that go on at the factory. Where there is a good heat load and constant electricity demand CHP plants are an exceedingly efficient way of generating electricity and heat. They have the potential to save significant amounts of Carbon Dioxide as well as other pollutants associated with electricity generation.

1.3 The second component is that of an anaerobic digestion plant. Anaerobic digesters (AD) use bacteria to break down organic compounds in the absence of oxygen. As a bi-product methane is given off that can be used as a substitute for mains gas. The feedstock for the process is the waste material from the ice cream production line (essentially diluted ice-cream from washing down machinery), which is fed directly into a system of tanks. Gas that is liberated in the process will be burned in the combined heat and power plant. This is essentially a carbon neutral source of energy further increasing the efficiency of the combined heat and power plant that it is fed into. While the combined heat and power plant is fairly small scale the tanks required for the AD plant are quite sizeable the main reactor being almost 24 metres high.

1.4 As part of the proposal a balancing tank adjacent the new cold store has to be upgraded and raised from 8 metres to 10 metres high.

2.0 RELEVANT PLANNING HISTORY

Most recent :

27.3.2008 : Permission 07/01495/FUL - Demolition of offices, cold stores and assembly area. Construction of new low temperature high bay bulk storage building with single storey picking/despatch area and three storey ancillary building. Committee resolution on 2nd October 2007 to grant planning permission.

21.1.2008 : Permission 07/01496/FUL - Installation of a 13 metre high liquid nitrogen storage tank.

3.0 PLANNING POLICIES

3.1 National Guidance contained in various PPG’s and PPS’s encourages high standards of design.

Planning Policy Statement 1 Climate Change Supplement – In the interim period before development plans are updated. Planning authorities should ensure proposed development is consistent with the policies in the PPS.

PPS 1 Climate Change Supplement – Climate change considerations should be integrated into all spatial planning concerns.

Draft Revised Regional Spatial Strategy RE1 Renewable Electricity Targets LDDs will include positive policies to enable the achievement of the following targets – Glos 40 – 50 MW by 2010.

PT05059A Draft Revised Regional Spatial Strategy RE3 Renewable Heat Targets LDDs will include positive policies to enable the achievement of the following targets – by 2010 100 MW.

Draft Revised Regional Spatial Strategy. RE4 Meeting Targets through Development of new Resources. When considering individual applications for development of renewable energy facilities, local planning authorities will take into account the wider environmental, community and economic benefits of proposals, whatever their scale, and should be mindful that schemes should not have cumulative negative.

3.2 Relevant policies in the Second Deposit Local Plan 2002 are:

FRP.9 - Light Pollution – External lighting will be permitted provided that the lighting scheme proposed is kept to a minimum.

FRP.10 - Noise – Development likely to generate noise which, in its location, is unacceptable either in volume, or duration will not be permitted.

BE.1 - Scale, Massing and Height – Proposed development should be of materials, scale, massing and height which sits comfortably with the height of adjacent buildings and the surrounding built environment.

BE.21 - Safeguarding of Amenity – Planning permission will not be granted for any new building, extension or change of use that would unreasonably affect the amenity of existing residents or adjoining occupiers.

FRP.8 - Renewable Energy – Development for renewable installations will be permitted provided they are sympathetically sited and designed.

E.4 - Protecting Employment land – Planning permission will not be granted for any development that involves the loss of employment land unless the land has limited potential for employment and the developer is able to demonstrate that an alternative use, or mix of uses offers greater potential benefit to the community.

3.3 All policies can be viewed at the relevant website address:- Gloucester Local Plan policies - www.gloucester.gov.uk/planning; Gloucestershire Structure Plan policies - www.gloucestershire.gov.uk/index.cfm?articleid=2112 and Department of Community and Local Government Planning policies and Draft RSS - www.communities.gov.uk/planningandbuilding/planning/.

4.0 CONSULTATIONS

4.1 Highway Authority – comments awaited.

4.2 Highways Agency – no response.

4.3 Environmental Health – CHP should not cause noise issue. Emissions will be covered by permit from the EA.

PT05059A 4.4 Environment Agency – No objections to the proposed development but wishes to make the following comments:

The Unilever facility at Corinium Avenue is currently authorised by an Environmental Permit which was issued and is regulated by the Environment Agency. The permit includes the authorisation to operate an existing effluent treatment plant with associated discharge to foul sewer at the site.

The operator has discussed their proposals to construct the new anaerobic effluent treatment plant with associated CHP plant at the site to replace their existing infrastructure with the Agency.

The operator is aware of the need to make an application to vary their current permit before operation of the new plant may commence. The variation application will include details regarding the construction and procedures for management of the plant in the future, for example general operation, maintenance procedures and emissions control and monitoring. Assessment of the process and appropriate emission standards will form part of the assessment of this application.

4.5 Urban Design Officer – Overall, there will be some visual and view impacts but the proposals are within an industrial area and the benefits of the facility seem to outweigh the negatives. A condition relating to any external lighting of the structures should be applied to the consent, if it is approved.

4.6 Network Rail – Recommend a 1.8 metre fence is erected to prevent trespass on to the railway. Surface water should not be discharged on to railway. Work should not be carried out that will endanger safe operation of railway. Ground levels should remain the same. All buildings should be at least 2 metres from boundary fence. Proposals should take account of possible effects of noise vibration etc from railway. All scaffold etc should not interfere with railway.

5.0 PUBLICITY AND REPRESENTATIONS

5.1 A site notice was displayed at the site and a public notice has been printed within the Citizen. Residents from Sandleaze, Liddington Road, Oakleaze, Sissons Road and Merevale were notified by letter. Network Rail and Sir Thomas Riches were also notified.

5.2 A number of representations have been received - at time of writing 9 of these are objections ; one is in support. The objectors’ prime concerns are the likely noise, smell and visual intrusion. Other concerns raised include the potential for leaks impact on local schools and the impact on wildlife. The recent construction of the cold store is mentioned by all objectors. The Severn and Wye Energy Agency support the application primarily for its energy efficiency and low carbon energy source.

PT05059A 6.0 OFFICER OPINION

6.1 It is considered that the main issues with regards to this application are as follows:

 Economic Development  Urban Design and Visual Impact  Sustainability

Economic Development

6.2 The Unilever site was established as Walls factory in the 1960’s and currently employs around 500 people. It is one of the largest ice cream sites in Europe producing over a billion ice creams each year including brands such as , Cornetto, and is the main producer of Vienetta for Europe. The new facility represents a £4 million investment in the plant and the resulting energy efficiency will help safeguard jobs into the future.

Urban Design and Visual Impact

6.3 The CHP plant is modest in size and tucked away and will appear as part of the existing factory fabric. It will not be seen from any public vantage point. The Anaerobic digestion plant however consists of 3 cylindrical towers. These are approximately 5 metres in diameter with two smaller ones being 10 metres high with the main reactor tank coming in at just under 24 metres high. The taller one is similar to the height of the existing nearby chimney on site and 6 metres lower than the new white cold store recently completed. There are smaller ancillary components associated with the proposal including a small flare stack and pipe work. Materials for the tank will be pressed metal and finished in white to enable them to be better assimilated into the landscape. The upgraded balancing tank will be set against the background of the new cold store and will be lost in the general factory infrastructure.

6.4 Given its size the main reactor tank will be visible from a number of vantage points around the site and beyond. In particular it will be visible from; the railway line, the A417/A40, the old pitch and put area along Horsbere Brook, Sir Thomas Riches School and the rear gardens/houses of Liddington Road, the nearest of which will be 250 metres away from the main reactor tank. The new Premier Inn and associated buildings would be about 200 metres away. While some screening will be provided by existing tree cover due to its height the main tower will still be seen in some views even in summer.

6.5 Even so this main reactor plant at 5 metres in diameter and about 24 metres high will be visible from certain vantage points. It is considered that for most of these views the reactor plant and tanks will be seen against a backdrop of the existing chimney and other factory infrastructure which should assimilate them fairly well into the existing industrial landscape. The colour of this plant will be important in this respect and it is proposed that a white cladding will be used. It is suggested this is conditioned to ensure compliance.

PT05059A Sustainability

6.6 Reducing energy use and waste are the prime drivers for this proposal.

6.7 With regard to energy there are 2 components to the proposal. The first is a Combined Heat and Power Plant (CHP). This is well proven technology that will feed gas into an internal combustion engine to generate off grid electricity direct. Because there are no inefficiencies associated with transmission across the National Grid it is a very efficient means of generating electricity, especially if there are high constant base loads. Efficiencies are further enhanced by the use of waste heat. The factory is significant user of heat and in this instance the waste heat from the engine will not be lost to the atmosphere but scavenged and put to good use making the process even more efficient. Indeed the engine will generate in the region of 2.4 MW of electricity and 2.31 MW of useable heat. To put this in context this would heat over 1,300 households and provides enough electricity to power 4755 typical UK houses. CO2 emissions from the whole factory would be reduced by a significant 1700 tonnes or equivalent of 8% of the factories output.

6.8 The second component of the proposal utilises anaerobic digestion technology. This uses the fact that certain bacteria in the absence of oxygen will break down organic matter and give off methane and other hydrocarbons as a waste product. This has been understood for many years and was put to good use in the 19th Century to fuel streetlights in Exeter. In this particular instance waste water, essentially the residue from washing down ice cream manufacturing machines with the solids removed, is pumped into one of the small tanks to reduce its acidity. From here it is transferred into the large tank where naturally occurring bacteria break down the material and in the process methane is give off. This is drawn off and fed into the Combined heat and power plant. This of course brings extra efficiency in terms of energy and Carbon Dioxide emissions. Biogas in this instance would be considered a carbon neutral energy source, as waste water would go to the ST sewage treatment works where as a liquid it would be allowed to decay liberating Carbon back into the environment. Severn Wye Energy Agency (who provide energy advice on behalf of the Energy Saving Trust and act as an independent energy advisors) predict that gas produced from this process, when put into the CHP, would provide enough carbon free electricity for approximately 400 households. When the CHP plant is running using a combination of mains gas combined with the gas produced from the digester it should reduce CO² emissions from the factory by approximately 2400 tonnes per year.

6.9 As indicated in the policy section above, there are targets for renewable energy and heat contained within the Draft Regional Spatial Strategy. The Electricity target for Gloucestershire is 40 – 50 mega watts (MW) by 2010. The current installed capacity is 9.8 MW the majority of which incidentally is based here in the City. The target for heat is also failing in that by 2010 the target is 100 MW (across the SW). Current installed capacity is 40 MW. While the total output from the CHP will not go towards these figures (only a

PT05059A component will because it uses mains gas) the gas and heat from the AD plant will contribute 100% to these targets.

6.10 Waste is the final driver, currently all waste water is pumped to Severn Trent at Netheridge. The final tank receives the material from the reactor where it is oxygenated in a sealed tank to remove odours and then discharged to the existing Severn Trent sewer. The resultant discharge will be cleaner and have less volume than before.

Other Issues

6.11 Other environmental concerns have been raised by local residents. Noise in particular features in many representations. The most noisy component of the process is the CHP plant. This is away from residents (300 metres to the nearest dwelling and 200 metres to the hotel) and will be noise proofed. The applicants are confident that existing background noise will be greater and this is supported by comments from Environmental Health. Certainly evidence from existing CHP plants in the city is that they are fairly unobtrusive operations.

6.12 The other significant environmental issue that needs discussion is emissions from the process, principally odours. The raw material is essentially ice cream, water and detergent. These are pumped in a closed manner in to the tanks and at no time are they open to the air until discharge to the sewer. Any smells that result from the reactor i.e. gas generation will be burnt in the CHP or by the flue. This incidentally is necessary as a safety back up (in case the CHP breaks down and cannot burn the methane) and for the first few months where they will need to test the gas before it can be put into the CHP. Environmental Health comments back up the evidence with regard to smells and emissions. Emissions and discharges from the whole site are monitored by the Environment Agency under permit. The new facility will be part of this process.

6.13 Catastrophic failure has been raised as a concern. This is mature technology that has a proven track record. Even so the Health and Safety Executive will regulate the process and ensure safety aspects of the operation are covered.

6.14 Impact on wildlife will be minimal as it is utilising an existing part of the factory site, no habitats will be destroyed to make way for the proposal.

6.15 All surface water from the site is discharged to the combined sewer. There will be an insignificant increase in hard standing as a result of the proposal so there will be minimal impact on surface water discharges.

6.16 Access to the site is restricted and controlled by a 24-hour security guard presence. The general public are not able to gain access into the site. Vehicular movements within the site are subject to one-way system and access is generally only permitted for deliveries and collections. Staff and visitor parking are completely separate to the office and production area and is located to the east of the main buildings and accessed via the tunnel.

PT05059A 6.17 Other than construction and maintenance the proposal will not lead to any increased traffic movements. All material for the digester is generated on site and pumped to the facility no extra material will be brought in from outside of the site.

6.18 With regard to working hours during construction – The site already operates 24 hours a day 7 days a week and the proposal is considered far enough away from local residents as not to require an onerous restrictive working hour condition. Even so for the avoidance of doubt and to ensure there is no noise when background ambient levels are very low a night time restriction is proposed as a condition.

6.19 It would be usual to include a seagull management condition on such a location. However given there will be access to the top of the tanks this is not considered necessary.

6.20 Highway comments have yet to be received however given there is no increase in staffing levels or increased visitor numbers as a result of the proposal this is not considered to be an issue.

6.21 Issues raised by Network Rail are standard and are not considered to be an issue. Apart from the balancing tank upgrade the proposal is 30 metres from the active railway and 10 metres from the perimeter fence, there is existing substantial security fencing in place.

6.22 To summarise, from a sustainability and economic development point of view this proposal is very good news indeed. It is considered that the only negative impact of the proposal is visual intrusion. While concerns of local residents are understood especially in the context of the new large cold store, the impact of this particular proposal is fairly modest. Indeed given the size of the proposal, its industrial setting and the environmental and economic benefits that will accrue from the proposal it is considered acceptable. Although the other issues raised by objectors regarding noise and smells are understandable given the technical nature of the proposal, it is considered by that the proposal will cause any environmental problem.

7.0 CONCLUSIONS / REASONS FOR APPROVAL

7.1 The application is submitted provides for significant sustainability gains in terms of low carbon energy generation and waste disposal. Although visually prominent, given the location of the proposal, the distance to receptors and the presence of existing industrial infrastructure the proposal is considered to be acceptable and meets the requirements of PPS1 Climate Change supplement. RE1 –RE3 and RE4 of the SW RSS and policies FRP.8 FRP.9, FRP.10, BE.1, BE.20, BE.21 and E.4 of the City of Gloucester Second Stage Deposit Local Plan 2002.

PT05059A 8.0 RECOMMENDATIONS OF THE DEVELOPMENT CONTROL OFFICER

8.1 That planning permission is granted subject to following conditions:

Condition 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition 2 No development shall take place until details including colour and samples of materials to be used externally on the 3 tanks have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the materials harmonise with the surroundings in accordance with Policy BE.20 of the Second Deposit Gloucester Local Plan 2002.

Condition 3 During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 8.00am-6.00pm, Saturday 8.00am-1.00pm nor at any time on Sundays, Bank or Public Holidays, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect the amenity of local residents in accordance with policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

Condition 4 No materials or substances shall be incinerated within the application site during the construction phase.

Reason: To safeguard amenity and prevent pollution in accordance with Policy BE.21 of the Second Deposit Gloucester Local Plan 2002.

Condition 5 No waste water or material will be brought on to site and treated by the approved plant without written permission from this authority

Reason: In order to control vehicle movements to the site and ensure the closed system of treatment is maintained in accordance with Policy BE.20 of the Second Deposit Gloucester Local Plan 2002.

Condition 6 Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the local planning authority before

PT05059A the use hereby permitted commences. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

Reason: To safeguard local amenities in accordance with Policies BE.20 and BE. 21 of the Second Deposit Gloucester Local Plan 2002.

NOTE 1: Your attention is drawn to Section 80 of the Building Act 1984 whereby no demolition may be carried out without proper notice to the local authority and a counter notice issued under Section 81.

NOTE 2: This permission does not authorise the display of any advertisements on the site (including any shown on the plans accompanying the application). Separate application should be made to Gloucester City Council in accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992.

NOTE 3: There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on site. Provision must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream or downstream of the site are not adversely affected.

Decision: ......

Notes: ......

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Persons to contact: Meyrick Brentnall (Tel: 396829) Joann Meneaud (Tel: 396787)

PT05059A