Sp071111dma Lee Moor Quarry

PTE/11/29 Development Management Committee 30 November 2011

County Matter: Waste Disposal South Hams District: Proposed Re-use and Adaptation of Existing Buildings and Tanks to Process a Maximum 75,000 Tonnes per Annum of Non Hazardous Commercial and Industrial Waste; Generation of Renewable Energy from Biogas and Production of Restoration Materials from Recyclate at Herreschoff No.2 Calciner and Refinery, Lee Moor Refinery, Lee Moor Quarry, Shaugh Prior Applicant: AAD (South West) Ltd Application No: DCC/3245/2011 (42/1909/11/CM) Date Application received 19 July 2011

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that:

(a) Members note that the Applicant has provided a Unilateral Undertaking to secure lorry routeing to and from the site via the B3417; and (b) that planning permission be granted in accordance with the conditions set out in Appendix II to this Report.

1. Summary

1.1 This Report relates to an application for the two stage anaerobic digestion of non hazardous Commercial and Industrial Waste within a redundant China Clay refinery building and tanks producing electricity from biogas and a digestate that would be used for the restoration of the surrounding China Clay (kaolin) quarrying area.

1.2 It is considered that the main material planning considerations in the determination of this proposal are the impact of the proposal on the amenities of local proprieties due to noise or odour; European Protected sites; the highway network; and, the diversion of waste up the waste hierarchy away from landfill.

2. The Proposal/Background

2.1 The application site is 4.5ha of land which is a part of the Lee Moor china clay refinery and an area which was previously associated with the Herreschoff No. 2 calciner.1 The site accommodates a number of large buildings and tanks built to process china clay (kaolin) from the surrounding Lee Moor quarry. Rationalisation of this operation has rendered this particular area of plant and refinery redundant and it is currently only used for storage purposes. The site is directly accessed from the B3417 Lee Moor to Plympton road which is the designated HGV route from the China Clay Quarries to Plymouth. This road bisects the Lee Moor china clay refinery and the still operational Herreschoff No. 3 kiln and associated plant and offices lie to the east.

1 An operation carried out by the minerals company to heat china clay (kaolin) in a kiln to increase its hardness and brightness. 2.2 The site is located some 350m to the south of Lee Moor and Wotter villages on a platform of land falling to the south where the Portworthy mica dams are currently being restored by the mineral operator. The closest dwellings to the site are located approximately 300m to the north east at Broadoaks Cottages and to the north west at Wotter Farm. There are clear views into the site from the entrance on the B3147, but wider views are reduced by tree cover on the slopes surrounding the site.

2.3 It is proposed to import up to 75,000 tonnes per annum of mixed Commercial and Industrial (C&I) wastes, comprising mainly food waste from the commercial sector including that from food processing; catering; retail and offices in the Plymouth area. These wastes which are collected by a number of operators would be “bulked up” at an existing waste transfer facility in Plympton and transported to the site by close covered HGV along the existing HGV route between Plympton and Lee Moor.

2.4 The Advanced Anaerobic Digestion (AAD) process is in two main parts. After delivery, the waste would be treated by high pressure steam in one of two sealed “autoclaves”. The organic materials in the waste are broken down in the autoclave after which recyclables including plastic, metal and glass can be removed for transfer to a recycling facility. The remaining material (which is best described as a “hot, wet soil”) would then be diluted with water and undergo a process of anaerobic digestion (AD) in a series of covered tanks. This process provides methane gas which is collected and burnt in a gas engine to provide heat and power. The remaining material is a solid digestate would will (subject to environmental permit) be used as a restoration material for providing soil making material to stabilise and “green” the surrounding china clay waste tips.

2.5 The need for restoration materials for the Lee Moor China Clay operation along with the availability of this brownfield site has clearly contributed to the location of this proposal. The likely output of the digestate from the AAD is approximately 7,000 tonnes per annum and this would be the amount of material required to restore approximately 8.05ha of land per annum. There is an immediate need to restore an area of approximately 80 ha of the adjoining mineral site and therefore there is an existing capacity for 10 years supply from the AAD. As the china clay extraction continues then there will be an ongoing need for restoration materials. There is already a permitted composting operation on the adjacent quarry area providing materials for restoration, but the digestate material will have been previously processed and no further planning permission would be required to use it for restoration purposes.

2.6 To accommodate the operation, the existing bagging plant building would be extended by 1,700 square metres to the south by building the extension into the current slope of the land. This would incorporate the main process plant (the two autoclaves), reception hall and storage. This building would contain the odour control plant and a new 21m odour control stack. Extending the building in this way means that the roof height will not be increased as the autoclaves would be accommodated by the sloping site.

2.7 The existing store building to the west of the bagging plant would be used to accommodate the fine screen and pump apparatus and nine of the existing reinforced concrete tanks on the site would be adapted and re-used to provide 3 anaerobic digester tanks; a digestate buffer tank; 2 emergency storage tanks; a dewatering and drying plant; a centrate treatment compound; and a dried digestate storage tank. All of the tanks to be used in the process would be covered and the dewatering and drying plant would have a new 23m odour control stack.

2.8 The disused Herreschoff No. 2 kiln which is 18m in height will be demolished and replaced by plant comprising three Combined Heat and Power (CHP) engines; a new single storey steam boiler plant building of 82.8 square metres floorspace with a 20m high stack; above ground pipework; air blast coolers; gas boosters; 5 permanent site office buildings (and 4 temporary during construction), weighbridge; and, surface water attenuation pond.

2.9 Prior to the construction of the AAD plant it is also proposed that in addition to the removal of Herreschoff Kiln No. 2, the old china clay processing plant, comprising pipework, conveyors and hoppers would be removed from the site.

2.10 The application is accompanied by an Environmental Statement.

3. Consultation Responses

3.1 South Hams District Council – raises no objections to the proposal subject to noise and odour being controlled by suitable planning conditions as advised by its Environmental Health Officer.

3.2 Sparkwell Parish Council – consulted on 25 July 2011 – no comments received.

3.3 Shaugh Prior Parish Council – requests additional information on the number of lorries required to carry out the process and express concern that there may be highway issues if the operation commences before the new Hemerdon Link road is built.

3.4 Cornwood Parish Council – supports environmentally friendly forms of waste disposal subject to HGV restriction remaining in force through Cornwood.

3.5 Environment Agency - raises no objection to the proposal subject to a condition relating to the need to agree, install and maintain a suitable surface water discharge system.

It makes additional advisory comments on the possible presence of historic contamination and the need for a Construction Environment Management Plan.

3.6 Dartmoor National Park Authority - no objection subject to Natural England concluding that Air Quality impacts on the Dartmoor SAC and the South Dartmoor Woods SAC would be acceptable.

It asks that vehicle routing is principally from the south along the B3417, and states that the routeing of vehicles from the A386 via Cadover Bridge would not be acceptable. It seeks an agreed traffic management plan for the operation of the site.

Additionally it requests additional information with regard to the proposed lighting scheme (since submitted and sent to the National Park Authority for further comment).

3.7 Dartmoor Preservation Association – consulted on 25 July 2011 – no comments received.

3.8 Natural England – initially objected to the proposal on the grounds of insufficient information to determine impacts on the interest features associated with the Dartmoor Special Area of Conservation (SAC), South Dartmoor Woods SAC, Plymouth Sound & Estuaries SAC, Tamar Estuaries complex Special Protection Area, South Dartmoor Woods SSSI and Shaugh Prior Woods SSSI. Further information has been submitted with relation to air quality and emissions based on the information requested and NE have now confirmed that the points raised in their earlier response have been addressed and that there would not be a likely significant effect on protected sites from the process.

3.9 Devon Wildlife Trust – consulted on 25 July 2011 - Views awaited.

3.10 Kaolin and Ball Clay Association - “Fully support” the application as the project makes use of a redundant kaolin refinery and allows the site to be brought forward for alternative development, thus contributing to the restoration works in the area; the proposal will create employment opportunities in a location where there has been significant contraction of the kaolin industry and consequent job losses in recent years; the proposal will generate green electricity which can be used by the retained Kaolin operations at Lee Moor; the digestate from the plant will enable quicker restoration of the kaolin mining area and more productive restoration techniques to be employed; and planning policy supports sustainable waste management proposals.

4. Advertisement/Representations

4.1 The application has been advertised by means of a notice on the site, notices in locally circulating newspaper, and neighbour notification.

4.2 As a result of these notifications 7 representations have been received. There have been 4 objections to the proposal on the grounds of visual impact (no indication of impact with relation to site topography), impact on National Park and “area of outstanding beauty” ( sic) ; concern about pollution modelling (as all figures are presented as averages); impacts of pollution and odour on local populations and potential noise from 24 hour operations (including stack flare); potential light pollution, untested technology, potential impact on health and concern about monitoring. There was an additional concern that the local expectation was that once the refinery was no longer in operational use it would be restored as a part of the mineral site.

4.3 There have been 2 letters of support, one citing the environmentally friendly nature of the proposal and the fact that it will generate energy and one from the Community Liaison Group which was set up in April 2011 as a part of the community engagement work carried out by the Applicants (see Para 6.31 below for details). One further letter queries the amount of waste available within the South West Devon area to provide sufficient feedstock for the various waste management proposals in the public arena, including the two Energy from Waste applications.

5. Planning Policy Considerations

5.1 In considering this application the Waste Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the relevant Development Plan policies are summarised in Appendix I to this Report.

6. Comments/Issues

Waste Policy Considerations

6.1 The Government review of waste policy in England (2011) makes it clear that anaerobic digestion of food waste offers the greatest environmental benefit and therefore the principle of this application in is clearly accordance with this strategy subject to detailed Development Management and site specific considerations.

6.2 The main Development Plan Policies relating to this proposal are those in the Devon County Waste Local Plan, and in particular Policies WPC1 (Sustainable Waste Management); WPC2 (Development Control Considerations); WPP4 (Non-allocated sites); and, WPP20 (Transportation of Waste).

6.3 Policy WPC1 which is the overarching strategic waste policy seeks principally to divert waste up the waste hierarchy away from landfill, to minimise its transportation, to make Devon self sufficient in facilities and to deal with any adverse impacts by mitigation or avoidance.

6.4 In terms of these objectives, it is concluded that in principle the proposal would make a significant contribution to ensuring Devon’s self sufficiency in terms of waste management capacity. The need for such facilities in the County has also been supported by the County Council as the Waste Disposal Authority.

6.5 Policy WPP4 of the Devon Waste Local Plan deals with sites not allocated for waste management uses and states that waste management development would normally be permitted so long as the proposal accords with other policies of the Local Plan – specifically this would relate to the Development Management Polices in WPC2 and the more detailed environmental policies in WPP37 (other energy from waste options). The issues raised in these policies are discussed in the sections below dealing with the main likely impacts from the site and their proposed mitigation.

Highways/Transportation

6.6 The application is supported by a transport statement setting out the relationship of the proposal to existing and historic traffic patterns related to the china clay operation and the surrounding highways.

6.7 Trips to the site would be in the region of 32 HGVs per day and 40 other vehicles per day (including cars and light goods relating to staff and office management/servicing etc). This is within the context of the existing average traffic pattern on the B3417 (Newnham to Lee Moor Road) of 257 HGV and 755 non HGV daily movements. The breakdown of traffic movements is indicated in the Table in Appendix III.

6.8 Concerns about highways and vehicle movements have been raised by two Parish Councils, but these have been with relation to potential routeing of vehicles and the likelihood of the provision of the new road link between the B3417 and the Lee Moor Road at Newnham which would improve the highway network to the south of the site. The proposal is to take waste from the existing transfer station at Plympton to Lee Moor and therefore there would not be any requirement to travel on any road except the B3417.

6.9 The removal of digestate from the AAD is likely to generate approximately 14 trips per day. As it is intended that this material is to be used for quarry restoration then depending on which parts of the quarry are being restored, this material will not normally need to travel on the highway network at all, or may only require to travel a few hundred metres by tractor and trailer to the main gate of the Lee Moor Quarry complex to the north.

6.10 It is considered that these movements can be satisfactorily and safely accommodated on the existing road network.

6.11 In terms of the sustainability of bringing the material to Lee Moor from Plymouth, the material would have to be moved in order to process it in any case and the fact that the digestate can be used in the immediate area makes this location more sustainable in terms of transportation than many other potential locations for such a facility as the need to transport the digestate is minimal.

6.12 The Applicant has offered a Unilateral Undertaking under s.106 of the Town and Country Planning Act to require deliveries to this site to be solely via the B3417 and from the Plymouth direction. This would ensure that the Applicant takes all reasonable endeavours to require its contractors to adhere to the routeing which was the basis of the Transportation Statement. This undertaking will come into effect on any grant of planning permission.

Landscape Impact

6.13 The ES contains a visual impact assessment, and it states that the principal impact of the proposal is likely to be from the three stacks at (147m AOD) 23m, 21m and 20m. These need to be considered in the context of the adjacent Herreschoff No 3 Kiln which is an existing structure 23.5 m in height and with a 26m (156m AOD) stack. The bulk of the operational Herreschoff No 3 Kiln building is considerably greater than the application as its ridge height is at 153m AOD which would be approximately 20m higher than the proposed ridge height of the AOD process building at 134m AOD.

6.14 The application site is not within a landscape policy area and whilst it is in close proximity with the boundary of the Dartmoor National Park, it is blocked from close views by the existing topography and the china clay operation to the north and could only be the subject of long distance views from the boundary of the park to the north west. Although it is possible to see directly into the site from the B3417, and opportunities to landscape the entrance are minimal due to the landholding of the applicants, the site “reads” as a part of the existing industry associated with the china clay processing plant and is currently an under used and partly derelict brownfield site.

6.15 The extension proposed to the main building would be accommodated into the landscape by using the slope of the land to excavate below the existing building and extend the existing roofline downwards rather than seeking to increase the height of the building.

6.16 Whilst concern has been raised by objectors regarding the new stacks, no part of the new development is higher than the development on the adjacent site. It is unlikely therefore to strike an incongruous feature within the existing industrial landscape as the stacks themselves will be pale grey and slender, and no aircraft warning lights are required. It should be noted that no objections relating to landscape have been raised by consultees.

Surface water and site drainage

6.17 The application contains the proposal for a new surface water attenuation pond which would contain all of the runoff from this site and eventually discharge to the Wotter Brook (following the receipt of a discharge consent from the Environment Agency EA). All of the water from roofs and tracks would be accommodated in the lagoon which has been designed to accommodate the 1:100 year storm event. Any other water from the site from the processes or “waste water” will be collected and processed through the centrate treatment compound and recycled to be used in the AD process. A percentage of waste water will be treated and cleaned prior to discharge into the Wotter Brook, a process which will be dealt with by the Environmental Permit. The EA has noted that the proposed scheme is in accordance with sustainable drainage principles and have offered to advise on possible biodiversity enhancements to be gained from the management of the pond. They have also asked for the detailed scheme to be conditioned to enable the design to be checked and implemented at the proper time during both construction and implementation as additional surface water management measures will be required during construction and need to be accommodated in both the surface water management and Construction Environment Management Plans.

Odour, Noise and Dust

6.18 The principal concerns locally regarding an operation of this nature would be the effective control of odour, noise and dust from the operation especially given the proximity of dwellings at Broadoak Cottages and Wotter Farm to the plant.

6.19 With relation to odour, the Anaerobic Digestion process does have the potential to be odorous due to the nature of the material being processed. The control of odour from the operation is a matter that will be controlled by the (EA) Environmental Permit. However, it is important that sufficient information is available to assess the likely impact on the nearest residential properties, and Officers of this Authority and the Environmental Health Officers have been working with Environment Agency local staff to ensure that the queries being raised are properly covered by the permit.

6.20 The ES contains an air quality statement and details of air pollution control measures and air dispersion modelling based on advice given by the EHO and EA at scoping stage for the Environmental Statement. The proposals incorporate mitigation in the form of physical design (enclosed systems); air management (negative pressure in the tipping hall and an “air curtain” across the access door to prevent release; all exhaust air to pass through odour management systems or combustion process) and the use of odour control units and biofilters. The conclusion drawn by the Applicant is that, subject to the mitigation measures incorporated into the scheme the odour management measures will not lead to an unacceptable impact on local properties. It is suggested that although the emissions of odour would be managed by the permit, a condition requiring the submission of an odour complaint monitoring scheme and response and action programme should be imposed in the event of planning permission being granted.

6.21 In terms of dust, the most likely emissions are from traffic. The access track is already hard surfaced with concrete or tarmac and the hardstanding areas gravelled. There is no external storage proposed and the digestate would be transported in its damp state to the restoration areas on the china clay quarry site. The proposed activity is likely to give rise to less dust than the previous china clay drying and processing activities, and dust from the operations would also be a matter for the Environmental Permit. Nonetheless in the event of planning permission being granted, a general condition requiring the availability of a bowser to keep down any blown dust from the tracks would ensure that no fugitive dust will leave the site.

6.22 The ES contains detailed information on the potential impacts of noise on the surrounding properties. It has to be acknowledged that background levels are higher than normal in this location due to the presence of the operational Herreschoff No 3 Kiln on the adjacent refinery site which normally operates for 24 hours per day. The Environmental Health Officer has raised no objection to the assessment of likely noise levels and has suggested the imposition of conditions relating to any increase over the existing background level. It is proposed that the AAD would operate for 24 hours per day, although deliveries are proposed to be restricted to normal industrial hours of 0700 to 1900 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays.

6.23 In the event of planning permission being granted, a condition would need to be imposed to cover these working hours and to restrict the use of reversing alarms to non directional broadband type.

Ecological Considerations and Habitats Regulations Assessment

6.24 The proximity of this site to areas subject to European Environmental Designations has required that, in accordance with Regulation 61 of the Conservation of Habitats and Species Regulations 2010, the County Council must, as the “Competent Authority” assess the proposal to ensure that there should be no significant impact on a European site (either alone, or in combination with other plans or projects) before consent could be granted.

6.25 It was therefore necessary to screen the potential likely impacts from the proposal against the interest features of the surrounding protected sites (Dartmoor SAC and the South Dartmoor Woods SAC) in respect of air quality and the Plymouth Sound and estuaries SAC and Tamar Estuaries SPA) in respect of water quality.

6.26 It is the view of this Authority that the Stage 2 Assessment confirms that there would be no significant effects upon the integrity of the statutory designated sites and therefore further assessment is not required. [This conclusion has been supported by Natural England and therefore there is no requirement to further assess the likely impact on sites].

6.27 Additional information was submitted in early September relating to impact on reptiles, ancient woodland and lighting impact. This was the subject of further consultation with those groups and organisations having an interest in these issues, and no further representations have been received. It is proposed that the contents of these documents form the basis for planning conditions along with the mitigation strategy set out in the Environmental Statement which includes scrub management; provision of bird and bat nest boxes; provision of artificial reptile hibernacula; and, amphibian habitat associated with the attenuation pond. It is considered that the management of the attenuation pond for the benefit of dragonflies and damsel flies (odonata) would provide a valuable contribution to the overall strategy to replicate this kind of habitat to mitigate for future impacts in the wider area from the continuation of china clay extraction.

6.28 The application is located and adjacent to the Higher Lee Wood County Wildlife Site (CWS). This was designated as it contains Ancient Semi Natural Woodland. The application is not likely to impact on this area but a condition would be imposed requiring the applicant to protect the woodland edge from construction traffic.

Economic Considerations

6.29 The Applicant’s supporting statement indicates that the plant would support in the region of 26 jobs (broken down into 3 daily 8 hour shifts employing 8 staff plus two office and security staff). The Applicant has stated that these would be permanent full-time posts. Staffing would vary during the construction phase of the operation (which is predicted to take approximately 15 months), but is likely to generate considerable employment opportunities, ranging from 16 staff on commencement of works, to a peak of 33 staff during Quarter 3 of construction. There would also be additional work created for local hauliers and drivers. In the context of an area where there have been recent losses in employment due to the contraction of the china clay extraction industries, the provision of new full time employment will be an important benefit of the proposal.

6.30 In terms of local community benefits, the Applicant has proposed the establishment of a Community Fund of £10,000 per annum for the life of the permission to be managed by the Community Liaison Group should permission be granted. This is noted but it must be recognised that such an offer cannot not fall within the remit of a Section 106 Agreement contribution or as a Unilateral Undertaking as it could not be legally required of the Applicant under the CIL Regulations to mitigate a specific impact of the proposed development. As such the amount cannot be legally secured through the planning process and will not form a part of the weighing up of material considerations.

6.31 A Community Liaison group has already been established as a part of the Applicant’s pre-application community consultation. This body appears to be operating with the support of the Parish Council and there seems to be no good reason to disband this in favour of the usual format of the County Council’s Liaison Groups. The Community Liaison Group comprises 14 community representatives, including Parish Councillors from the surrounding parishes. They have written as a group to clarify that they support the re-use of the redundant refinery and that they consider it represents investment in the area and job opportunities for local people.

Renewable Energy

6.32 The plant is designed to generate electricity from the methane gas generated as a part of the anaerobic digestion process. The Applicant states that trials and test reports using the autoclaving process have shown the electrical potential of the specific waste to be 355kWh per tonne, compared with 95kWh per tonne using conventional anaerobic digestion. On the basis of this calculation, this plant could generate in the region of 26.6 GWh electricity per annum (sufficient to power 5,916 average households (or a town the size of Crediton). The reason for this enhanced efficiency is that the initial autoclave process breaks down cellulose fibres in the organic material which makes the release of its constituent parts through the AD process more effective.

6.33 It is intended that this electricity be used to supply the operation itself with the surplus being transferred to the National Grid via the existing on-site connection.

Mineral Consultation Area

6.34 The site lies within the Mineral Consultation Area (MCA) for the Lee Moor Quarry permission and so the Kaolin and Ball Clay Association was consulted on this non-mineral proposal (see Section 3). The Association supports the proposal on economic grounds as the refinery buildings are already redundant for the china clay operations, and is of the view that would provide a useful economic after use with the bonus of green electricity for the remaining china clay operation. It would also facilitate the re-creation of jobs in the local community and the production of a digestate that will be beneficial in restoring the quarry site. Objections based on the expectation that the refinery area would all be restored are noted, however this was not proposed through the current Review of Old Mineral Permission (ROMP) application which left it as a storage/ancillary use. If this site were not to be re-used for a non-mineral use it is possible that it would remain disused until the final restoration of the entire site were to be agreed through a future periodic review following the completion of the mineral operation. This is not predicted until after the existing quarrying permission ends in 2042.

Historic Environment

6.35 The Historic Environment Record indicates that there is no archaeological impact anticipated as a result of this application.

7. Conclusions

7.1 The Committee has the option of approving, deferring or refusing this application. This proposal will divert a considerable tonnage of waste up the waste hierarchy away from landfill and into recovery. Although some concerns have been expressed regarding the transportation of waste materials from Plymouth to a relatively rural area, the overall distances are not that great and the benefits are considerable.

7.2 The scheme will re-use an existing area of previously industrial land and help to provide new employment in an area which has suffered the decline of the older quarrying industries which still surround this site. The generation of power from the biogas will help to meet the Renewable Energy targets for the County and will reduce the need for carbon fuel sources. Although the proposal would preclude the restoration of this part of the mineral site, the use of the digestate to restore a larger area of the surrounding mineral waste tips will provide an important overall landscape and biodiversity gain in an area where restoration of the mineral operation has historically been slow due to the very low fertility of the waste sand tips and their vulnerability to gullying from heavy rain. Although the proposal will increase the numbers of HGVs on the network, the waste would need to be transported in any case and the re-use of the digestate locally will reduce the overall number of movements since the use of the locally produced digestate would avoid the need to import a comparative amount of restoration materials to the surrounding quarry.

7.3 The use of appropriate conditions in both the planning permission and the environmental permit will manage and reduce the local impacts of the proposal and especially more local impacts of noise and odour. It is considered that on balance this is a sustainable proposal with clear environmental benefits.

8. Recommendation

8.1 It is recommended that:

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Bickleigh &Wembury

Local Government Act 1972: List of Background Papers

Contact for enquiries: Stewart Redding

Room No: ABG Lucombe House

Tel No: 01392 382867

Background Paper Date File Ref. Case File July 2011 DCC/3245/2011 Environmental Statement July 2011

sp071111dma sc/cr/lee moor quarry 07 hq 231111

Appendix I To PTE/11/29

Planning Policies Relevant to the proposal

Devon County Waste Local Plan Policy WPC1 Sustainable waste management Policy WPC2 Development control considerations Policy WPP4 Non allocated sites Policy WPP13 Other conservation designations Policy WPP14 Maintenance and enhancement of the County’s nature conservation resources Policy WPP15 Areas not covered by specific policy designations Policy WPP19 Protection of Mineral Consultation Areas Policy WPP20 Transportation of Waste Policy WPP21 Road Transport Policy WPP22 Health and Air Quality Policy WPP24 Site design and Appearance Policy WPP37 Other energy from waste options

Devon Structure Plan Policy WM1 Waste management Hierarchy Policy MN1 Safeguarding Mineral Resources Policy CO9 Biodiversity and Earth Science Diversity Policy CO10 Protection of Nature Conservation Sites and Species Policy CO12 Renewable Energy Development Policy CO15 Air Quality Policy CO16 Noise Pollution

South Hams LDF Core Strategy – Adopted December 2006 Policy CS1 Location of Development Policy CS7 Design Policy CS9 Landscape and Historic Environment

South Hams LDF Development Policies Development Plan Document Policy DP1 High Quality Design Policy DP2 Landscape Character Policy DP3 Residential Amenity Policy DP5 Biodiversity and Geological Conservation Policy DP7 Transport, Access and Parking Policy DP14 Protection of Employment Land Policy DP15 Development in the Countryside

Appendix II To PTE/11/29

Suggested Conditions

General

1. The development shall commence within three years of the date of this permission.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990

2. The development shall be carried out in strict accordance with the details shown on the approved drawings numbered: ST12102-A1.1 (Planning Application Boundary) ST12102-A1.2 (Site Location Plan) ST12102-019-B (Proposed indicative surface water drainage) IMERYS-SK8000-1-H (Proposed AAD Layout) IMERYS-SK8000-2-H (Proposed AAD Layout) IMERYS-SK8000-5-F (Overall site layout) IMERYS-SK8000-6-B (Site Pipework) IMERYS-SK8000-9-E (Surface and water washdown management) IMERYS-SK8000-10-C (Main process building roof plan) IMERYS-SK8000-11-F (Main process building roof elevations) IMERYS-SK8000-12-C (AD1 details) IMERYS-SK8000-13-B (AD2 & 3 details) IMERYS-SK8000-14-B (Digestate buffer tank) IMERYS-SK8000-15-B (Dewatering and drying building) IMERYS-SK8000-16-B (Centrate Treatment Plant) IMERYS-SK8000-17-B (Dried digestate store) IMERYS-SK8000-19-B (CHP and steam generation general arrangement) IMERYS-SK8000-20-SHT1-G (Main process building general arrangement) IMERYS-SK8000-20-SHT2-D (Main process building – sections) IMERYS-SK8000-21-F (Plans and elevations of proposed digester dewatering areas) IMERYS-SK8000-23-B (Fine screen building) IMERYS-SK8000-26-B (Steam Boiler plant) IMERYS-SK8000-28-B (Welfare facilities and offices) IMERYS-SK8000-30-B (overall roads and access track details)

REASON: To ensure that the development is carried out in accordance with the approved details.

Construction Management

3. Before the development hereby permitted is commenced, the applicant shall submit for the approval of the Waste Planning Authority a Construction Environment Management Plan and a method of construction statement to include: (i) Details of construction vehicle movements/routes and types of vehicle (ii) Hours of operations (noisy works audible beyond the site boundary should be restricted to the hours of 08:00 to 18:00 Mondays to Fridays, 09:00 to 13:00 hours on Saturdays and no such works should be carried out on Sundays and public holidays). (iii) Routes to and from the site for construction vehicles (iv) Hours of delivery (v) Details of temporary construction compounds/storage areas and car parking; (vi) Programme of works including measures for traffic management and specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice.

The construction method statement shall be submitted to and approved in writing by the Waste Planning Authority and the construction shall proceed as set out in the approved details.

REASON: To ensure that the short term impacts of the construction are managed to reduce the impact on neighbouring residential property and that associated parking and storage are managed to avoid unacceptable effects on the local environment and in the interests of highway safety in accordance with Devon Waste Local Plan Policies WPC2; WPP21 and WPP22 and South Hams DPDPD Policy DP7

4. Prior to the commencement of this development, the applicant shall submit to and have approved in writing by the WPA the details of the colour and finish of the external facing materials of the new site buildings. The development shall then be implemented using these approved materials.

REASON: To ensure that the development is in keeping with the character and appearance of the existing buildings and the local landscape in accordance with Waste Local Plan Policies WPC2; WPP24 and WPP37, Devon Structure Plan Policies CO1, CO6 and CO12 and South Hams DPDPD Policies DP1; DP2 and DP16.

Highways and Traffic and Site Deliveries

5. There shall be no more that 75,000 tonnes per annum of feedstock delivered to this plant.

REASON: To ensure that the predicted impacts on the highway are not exceeded by the operation in the interests of amenity and highway safety in accordance with Devon Waste Local Plan Policies WPC2; WPP20; WPP21 and WPP37 and South Hams DPDPD Policy DP7.

6. The delivery of feedstock to and removal of digestate from this site shall take place only between the hours of 0700 and 1900 (Monday to Friday) and 0800 to 1300 (Saturdays). There shall be no delivery of materials or export of digestate from the site on Sundays or on Bank Holidays.

REASON: To ensure that deliveries to the site do not adversely affect the residential amenity of properties close to the application site in accordance with Waste Local Plan Policies WPP20; WPP21 and WPP37 and South Hams DPDPD Policy DP7.

7. There shall be no vehicular access to the public highway, except for the access points indicated on drawing IMERYS-SK8000-30-B (overall roads and access track details).

REASON: In the interests of highway safety and in accordance with Waste Local Plan Policies WPC2; WPP21 and South Hams DPDPD Policy DP7

8. Post commissioning of this operation, no deliveries of feedstock shall commence until such time as the site access tracks and hardstandings have been hard surfaced and the applicant has submitted to and had approval in writing for a dust management and mitigation scheme which shall thereafter be implemented for the life of the permission.

REASON: To prevent the emission of dust from activities on the site in accordance with Waste Local Plan Policies WPC2; WPP22 and WPP37 and South Hams DPDPD Policy DP4.

9. There shall be no unloading of trucks carrying feedstock for the AAD unless the reception hall is under negative pressure and the air curtain across the open door is in operation. The doors shall not be left open at any time except to admit or release delivery vehicles.

REASON: To ensure that the emissions of odour from the delivery process are managed in accordance with Waste Local Plan Policies WPC2; WPP22 and WPP37 and South Hams DPDPD Policy DP4.

10. Vehicles delivering waste materials to the site or removing digestate shall be close covered or sealed. No uncovered trailers shall be used in either the delivery or removal of materials from this site and the site shall not be used for the storage or parking of vehicles loaded with either feedstock or digestate.

REASON: To minimise the possibility of odour emissions from transportation of waste materials and digestate in accordance with Waste Local Plan Policies WPC2; WPP22 and WPP37 and South Hams DPDPD Policy DP4.

Environmental Controls

11. No development shall take place until physical and operational noise mitigation measures have been submitted to and approved in writing by the Local Planning Authority. The approved noise mitigation measures shall be completed before the development is brought into use and maintained thereafter.

REASON: To ensure that all reasonable measures to reduce noise from the site have been taken to reduce the impact of the proposal on the residents of nearby properties in accordance with Waste Local Plan Policies WPC2 and WPP37 and South Hams DPDPD Policy DP4.

12. All plant, machinery and equipment shall be maintained and serviced in accordance with manufacturers and/or suppliers recommendations, instructions and schedules.

REASON: To reduce the impact of noise from the site in accordance with Waste Local Plan Policies WPC2 and WPP37 and South Hams DPDPD Policy DP4.

13. The operator shall not use reversing alarms on this site with the exception of “white noise” or “broadband” types, the details of which shall be submitted to and approved in writing by the Waste Planning Authority.

REASON: To prevent noise nuisance and to protect the living conditions of nearby residential properties in accordance with Devon Waste Local Plan Policies WPC2; WPP37 and South Hams DPDPD Policy DP4

14. The design and installation of new items of fixed plant or relocation of existing plant shall be such that when operating, the noise level L Aeq Tr arising from the plant, measured or predicted at 1 metre from the façade of the nearest noise sensitive premises, shall be a maximum rating level of 5dB(A) above the background noise 2 level LAF90 Tbg .

REASON: To prevent noise nuisance and to protect the living conditions of nearby residential properties in accordance with Devon Waste Local Plan Policies WPC2 and WPP37 and South Hams DPDPD Policy DP4.

15. There shall be no external storage of waste or digestate on the application site.

REASON: To ensure that fugitive odour emissions are kept to a minimum and in the interests of the health and amenity of site workers and nearby residential properties in accordance with Devon Waste Local Plan Policies WPC2; WPP37 and South Hams DPDPD Policy DP4

16. Before the commencement of waste deliveries to this site, the applicant shall submit to the Waste Planning Authority a reporting, response and action programme in respect of complaints received about odour from this site. Such scheme shall be approved in writing by the WPA and shall be in place for the life of the permission.

REASON: To protect the amenities of surrounding residential properties in accordance with Devon Waste Local Plan Policies WPC2; WPP37 and South Hams DPDPD Policy DP4

Surface Water Management

17. No development approved by this permission shall be commenced until details of a scheme for the provision of surface water management has been submitted to and approved in writing by the Local Planning Authority. The details shall include:- (i) details of the drainage during the construction phase; (ii) details of the final drainage scheme; (iii) provision for exceedance pathways and overland flow routes; (iv) timetable of construction; (v) a construction quality control procedure; (vi) a plan for the future maintenance and management of the system and overland flow routes.

2 Notes: • The reference time interval Tr shall be 1 hour during the day (07:00 to 23:00 hours) and 5 minutes during the night (23:00 to 07:00 hours). The measurement and/or prediction of the noise should be carried out in line with BS4142:1997 and as such, may make use of measurements over a shorter period if appropriate. • For the background noise measurement, the reference time interval Tbg shall not be less than 15 minutes and the measurements made in accordance with BS4142:1997 at a time representative of the hours of operation of the plant. The “fast” time weighting should be used. The measurements should be reported as façade noise levels. If it is not possible to measure at 1 metre from a façade, the measurement can be made at an equivalent free-field position with a +3dB correction added to calculate the equivalent façade level. • In the event that an assessment of the specific noise level at the nearest residential location is not practicable, the applicant, in agreement with the local planning authority, can define one or more reference measurement positions which should be relatively close to the item of plant. The noise level from the façade of the nearest noise sensitive premises can then be calculated on the basis of the measurement(s) at the reference location(s).

Prior to occupation of the site it shall be demonstrated to the satisfaction of the Local Planning Authority that relevant parts of the scheme have been completed in accordance with the details and timetable agreed. The scheme shall thereafter be managed and maintained in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.

REASON: To prevent the increased risk of flooding and minimise the risk of pollution of surface water by ensuring the provision of a satisfactory means of surface water control and disposal during and after development in accordance with Devon Waste Local Plan Policies WPC2; WPP17 and WPP37 and South Hams DPDPD Policy DP4.

Habitats and Ecology

18. Before the development commences, the applicant shall submit a scheme to safeguard all trees, hedges, shrubs and other natural features not scheduled for removal during site works and building operations. The scheme shall accord with BS 5837:2005 (Trees in relation to construction). This scheme shall be approved in writing by the WPA and implemented in tandem with the commencement of operations.

REASON: To protect existing features of importance and to safeguard remaining areas of wildlife habitat from accidental damage during construction operations in accordance with Devon Waste Local Plan Policies WPC2; WPP14 and WPP37 and South Hams DPDPD Policy DP4

19. There shall be no scrub removal or other clearance of vegetation on this site during bird nesting season 1 March to 31 August (inclusive)

REASON: To minimise disturbance to nesting birds in accordance with Devon Structure Plan Policies CO9 and CO12; Waste Local Plan Policies WPC2; WPP15 and WPP37 and South Hams DPDPD Policy DP5.

20. Before the development is commenced, the applicant shall submit a scheme for the management of the surface water management lagoon for the benefit of wildlife with particular reference to the creation of suitable habitats for odonata. These details shall be submitted to and approved in writing by the Waste Planning Authority and the proposals thereby approved shall be implemented within 12 months of the construction of the lagoon and retained and managed for the life of the permission.

REASON: To ensure that the proposal provides a net gain in the provision of suitable habitat for wildlife in accordance with Devon Structure Plan Policies CO9 and CO12; Waste Local Plan Policies WPC2; WPP15 and WPP37 and South Hams DPDPD Policy DP5.

21. The Reptile Method Statement (reference ST12102) shall be implemented in connection with ground clearance and the construction of the surface water management lagoon. Before development commences, the applicant shall identify the proposed location of additional reptile hibernacula and the means of their construction and shall submit this information in writing for the approval of the WPA. These approved details shall be implemented before the development is brought into use and shall be kept for the duration of the permission.

REASON: To ensure adequate mitigation for the potential impacts on protected species and to provide additional habitat in accordance with Devon Structure Plan Policies CO9 and CO12; Waste Local Plan Policies WPC2; WPP15 and WPP37 and South Hams DPDPD Policy DP5.

22. The site lighting shall be installed and used in accordance with the scheme submitted to the WPA dated August 2011. There shall be no additional external lighting installed or used and there shall be no floodlighting during the hours of darkness.

REASON: To ensure that site lighting does not impact on local wildlife and that the impact of the site on the rural nature of the area is reduced in accordance with Devon Structure Plan Policies CO9 and CO12; Waste Local Plan Policies WPC2; WPP15 and WPP37 and South Hams DPDPD Policy DP5.

23. Before the development hereby permitted is commenced, the applicant shall submit a scheme to the WPA detailing the provision of the mitigation measures contained within section B6.212 to B6.216 of the Environmental Statement. This scheme shall be approved in writing by the WPA and thereafter implemented in accordance with the approved scheme and maintained for the life of the permission.

Unexpected contamination

24. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.

REASON: To ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately in accordance with Waste Local Plan Policies WPC2; WPP17; WPP22 and WPP37 and South Hams DPDPD Policy DP4.

Appendix III To PTE/11/29

Anticipated Highway Movements Associated with Lee Moor AAP

Non-HGV HGV Total Existing 755 257 1,012

In anticipation of the development at Hemerdon Mine being in place before the AAD plant comes on stream an estimate has been made of their associated traffic generation based on the scale of development (as no traffic data appears to be contained within their Transport Assessment). This raises the base that will be experienced on the road to Lee Moor as shown.

Total Background 779 259 1,038

The AAD plant is predicted to generate the following movements:

Non-HGV HGV Total AAD Input 40 32 72 AAD Output 0 14 14 Total AAD 40 46 86

An agreement is in place and awaiting signature following receipt of planning permission for the output from the plant to be used locally within the Lee Moor area. With this in place 14 HGV movements, taking place today, which have origins and destinations external to the area will be removed from the road to Lee Moor and the roads leading to it. In this instance the development will generate the 32 input related HGV movements and the impact will be 7% overall as shown below.

Non-HGV HGV Total % impact on background 5% 12% 7%

Depending on the area being restored none, some or all of the output related HGV movements may travel a very short distance on the B3417 to cross to the restoration area to the east of the road.

In the very unlikely event that there is no agreement to dispose of the output locally then the 14 output related HGV movements would travel the whole length of the B3417 with an overall impact of 8%.

Non-HGV HGV Total % impact on background 5% 18% 8%