Agenda Item No: 7a

DEVELOPMENT CONTROL COMMITTEE

20 JANUARY 2012

REPORT BY ASSISTANT DIRECTOR ENVIRONMENT AND PLANNING

Subject: Two applications at Westwood Anaerobic Digestion (AD) Plant, Road, , NN10 0SQ

11/00073/WAS - variation of condition 5 of planning permission 08/00002/WAS to allow public and bank holiday working

11/00078/WAS - variation of condition 2 of planning permission 08/00002/WAS to replace 4,000 tonnes per annum allocation for energy crops with food chain waste and increase the annual throughputs from 45,000 to 49,000 tonnes per annum and to allow digestate to be applied to farmland up to 5 miles from the plant Applicant: Biogen (UK) Ltd Recommendations: That the applications be approved subject to the conditions in Appendix A to this report.

1. Purpose of Report

1.1 The purpose of this report is to provide the Committee with professional planning advice on any issues, Development Plan Policies and other material considerations relevant to the determination of a planning application.

2. Relevant Priority Outcomes

The content of this report supports the delivery of the following corporate outcomes:

Perspective Outcome

Customers - to achieve our A cleaner, greener and more prosperous county vision, what will our customers see?

3. Background

3.1 The applicant was granted planning permission 08/00002/WAS for the construction of an anaerobic digestion (AD) plant in May 2008. The consent was granted for the operation of an AD facility with a condition limiting the annual waste throughput to 45,000 tonnes per annum (tpa). The condition also stated that the spreading of the digestate produced by the AD process should be limited to the site‟s host agricultural unit.

3.2 Planning permission 08/00002/WAS also imposed the following restrictions on the site‟s hours of operation:

Monday – Friday 07:00 – 19:00 Saturday 07:00 – 13:00 No operations on Sundays, Public or Bank Holidays

3.3 The site was commissioned in June 2009 and the throughputs of waste have steadily increased to the maximum permitted.

Site Description 3.4 The site is located within a rural area in the district of East and adjacent to the county boundary with and the with access from the A6 Bedford Road. The nearest town is Rushden, approximately 4 km to the north-west of the site, with the larger settlements of Kettering lying 18 km to the north- west, Bedford a similar distance the south-east and Northampton 25 km to the west.

3.5 Locally, the nearest residential properties are located on the A6 Bedford Road approximately 600 metres to the west of the site. The closest settlements are: Knotting approximately 1km to the east; Newton Bromswold 2.5 km to the north; Higham Park (including The Avenue residences) 1.5 km to the north-west; and 1.2 km to the south. The character of the immediate area typically comprises dispersed farms, smallholdings and large detached dwellings set at intervals, including along the A6 Bedford Road. West Wood, an area of woodland from which the proposed plant takes its name, is located directly to the south of the application site.

4. Proposal

4.1 Both applications seek to vary conditions on existing planning permission 08/00002/WAS which allowed the construction of a 45,000 tonnes per annum anaerobic digestion (AD) facility. Application reference 11/00073/WAS seeks to modify condition 5 to enable the site to accept waste on Bank and Public Holidays between the hours of 7.00am and 4.00pm. The current condition states:

5. Except as may otherwise be agreed in writing by the Waste Planning Authority the operations involving the importation of waste, removal of non-compostable waste and outside movement of wastes on site hereby permitted, shall be restricted to between the hours of 07.00 and 19.00 on Mondays to Fridays and 07.00 to 13.00 on Saturdays, with no operations on Sundays, Public, Statutory or Bank Holidays.

4.2 Application reference 11/00078/WAS is for the modification of two elements of condition 2. The first to remove the 4,000 tonnes per annum allocation for energy crops and allow an increase in annual throughputs from 45,000 to 49,000 tonnes per annum. The second to allow the digestate created by the AD process to be spread on land up to 5 miles from the site. The current condition states:

2. the development hereby permitted, shall not exceed a total annual throughput of 45,000 tonnes per annum, waste materials to be processed shall not exceed 41,000 tonnes per annum and digestate application shall be limited to the sites host agricultural unit.

5. Consultation

5.1 The following is a summary of the consultation responses in relation to these proposals:

East Northamptonshire Council – Planning 5.2 11/00073/WAS – No objection raised. 11/00078/WAS – Object to the application due to the extent of odour impacts resulting from a five mile radius for spreading digestate and the cumulative effect of this spreading with the neighbouring AD plant. They also seek clarity on how the digestate will be transported over the wider area.

East Northamptonshire Council – Environmental Health 5.3 11/00073/WAS - No objection raised. 11/00078/WAS – Concerns raised regarding odour and the cumulative impact of the extended digestate spreading area in conjunction with the AD facility at Chelveston Renewable Energy Park.

Bedford Borough Council 5.4 No objection raised to either application.

Central Bedfordshire Council 5.5 No objection raised to either application.

Environment Agency 5.6 No objection raised to either application.

Rushden Town Council 5.7 No objections raised to either application, but feel the traffic figures provided are not accurate and require further assessment.

Wymington Parish Council 5.8 11/00073/WAS - No objection raised. 11/00078/WAS – The parish council does not object but raises concerns regarding odour and the impacts of the digestate spreading on local amenity.

Chelveston-cum-Caldecott Parish Council 5.9 11/00073/WAS - No objection raised. 11/00078/WAS - Objections raised to the increase in spreading area for digestate due to the impacts of increased odour nuisance.

Melchbourne and Yeldon Parish Council 5.10 No comments received to date but a parish council meeting is to be held on the 18th January2012. An oral update will be provided.

Newton Bromswold Parish Meeting 5.11 Objection raised due to the site‟s non-compliance with planning conditions regarding landscaping, lighting, spreading of digestate and odour.

Podington Parish Council 5.12 No objection raised but feel spread digestate should be ploughed in with 24 hours.

Natural 5.13 No objection raised to either application.

Highways Agency 5.14 No objection raised to either application.

Health Protection Agency 5.15 11/00073/WAS – No objection raised. 11/00078/WAS – No response received.

NCC Highways 5.16 11/00073/WAS – No objection raised. 11/00078/WAS – Further information required to assess the potential traffic impacts of the additional vehicle movements created by the proposal. However, satisfied with additional information submitted and raises no objection.

Preserve 5.17 11/00073/WAS – No response received. 11/00078/WAS – Concerns raised regarding odour and the potential cumulative impacts with the Chelveston AD plant. Would like assurances that the conditions of planning permission 08/00002/WAS are being adequately monitored and complaints have been dealt with.

Councillor G Harwood (ENC – Higham Ferrers Lancaster) 5.18 11/00073/WAS – Raised no objection subject to the retention of the 30 mile waste catchment area. 11/00078/WAS – Concerns raised regarding the potential for further odour nuisance following an incident in March 2011.

Councillor D McMurdo (BBC – ) 5.19 Raised concerns regarding odour due to previous issues from the site.

Councillor M Tye (NCC – Rushden South) 5.20 11/00073/WAS - No objection raised. 11/00078/WAS – No further comments received.

Councillor P Whiting (ENC – Higham Ferrers Lancaster) 5.21 11/00073/WAS – No objection raised. 11/00078/WAS – No further comments received.

5.22 Consultations were also sent to the following but no responses received: Wildlife Trust, CPRE, The Ramblers Association, Knotting and Souldrop Parish Council. 5.23 Letters of notifications of the applications were also sent to Councillor A Foster (BBC – Harrold), Councillor D Lawson (NCC – Higham Ferrers), Councillor S Homer (ENC – Rushden Bates), Councillor R Underwood (ENC – Rushden Bates). No comments were received. .

6. Public Advertisement and Neighbour Notification

6.1 The applications were advised by way of two site notices each, 125 direct neighbour notifications and advertisement in the Northants Evening Telegraph. A number of

representations were received relating to amenity impact objections and have been summarised below.

Odour 6.2 The main objection raised by residents is the odour generated by the site, especially when digestate spreading is undertaken. It is stated on a number of occasions that when spreading is taking place, windows must be shut and outdoor activities cannot be carried out due to severe malodour. The potential cumulative impact of the Westwood and Chelveston AD plants spreading at the same time concerns the residents who feel they may be surrounded on all sides should the five mile radius for spreading be accepted. Some of the respondents provided copies of correspondence with the district councils and Environment Agency on previous odour issues at the site.

Traffic and noise 6.3 Increased traffic generation objections from residents in terms of noise, dust and vibration disturbance. It is felt that waste receipts being accepted on Public and Bank Holidays will further add to, what they feel is an existing problem.

7. Development Plan Policies

7.1 The most relevant development policies to this application are listed below. The local development plan reflects national policy and guidance.

7.2 Northamptonshire Core Strategy DPD (May 2010)

Policy CS1 – Northamptonshire‟s waste management capacity Policy CS2 – Spatial strategy for waste management Policy CS9 – Encouraging sustainable transport movements Policy CS14 – Addressing the impact of proposed minerals and waste development

7.3 Northamptonshire Control and Management of Development DPD (June 2011)

Policy CMD1 – Development criteria for waste management facilities (non-inert and hazardous)

8. Assessment

8.1 The main issues to consider in determining this application are: i. Whether the proposal accords with the Development Plan;

ii. Whether there are any general matters, design and appearance, access and highway safety or amenity matters which would be significant and would justify refusing the application. In particular whether any odour impacts from the increased throughput at the AD plant and from the widening of the area for spreading digestate would justify refusing the proposed variation to condition 2 of permission 11/00078/WAS. Development Plan

8.2 The original application for an anaerobic digestion (AD) facility (ref: 08/00002/WAS) was granted having regard to the Waste Local Plan. The Core Strategy and Control and Management of Development DPDs were adopted in May 2010 and June 2011

respectively and with the other elements of the MWDF all of the previous Waste Local Plan policies have been superseded. As the two applications seek to make changes to the conditions applied to this permission it is necessary to assess them with regard to the current policy framework.

8.3 Policy CS1 of the Core Strategy DPD seeks to facilitate Northamptonshire‟s waste management capacity and this includes the need for biological processing of 423,000 tonnes of waste per annum by 2016. With the proposed increase in annual throughput from 45,000 to 49,000 tonnes the development would contribute towards meeting this required capacity and is therefore acceptable having regard to Policy CS1. Policy CS2 sets out the spatial strategy for the county‟s waste management network. This proposal is located on the periphery of the Central Spine within a rural hinterland which is more compatible with AD operational requirements. Policy CS2 supports waste developments in the rural hinterland which are incompatible with urban development. Therefore, it is considered that the development is in accordance with the spatial strategy for waste management.

8.4 Policy CMD1 of the Control and Management of Development DPD adds more specific policy on the development criteria for waste management facilities. The proposals do not conflict with the spatial strategy for waste management and will contribute towards meeting the county‟s waste management capacity requirements. Therefore the principle of the development is also considered acceptable in accordance with Policy CMD1.

8.5 Policy CMD1 also requires development, where appropriate, to maximise the re-use of energy, heat and residues. The production of methane in the AD process enables a Combined Heat and Power generator to create an electrical power output. It was predicted that the existing 45,000 tonnes per annum facility would produce power sufficient for approximately 2,500 homes. This figure would be greater if the application for increasing the annual tonnage to 49,000 was permitted. In addition, the residual bio- solids from the process can be used by the agricultural industry as fertiliser as an alternative to manufactured fertilisers which is in accordance with the principles of sustainability. The principle of the AD process is therefore considered acceptable with regards to Policy CMD1.

8.6 The principle of an increase to a 49,000 tonnes per annum AD facility at the site has been assessed with regard to the policies and principles of the Core Strategy DPD and Control and Management of Development DPD and is considered acceptable having regard to Policies CS1, CS2 and CMD1.

Central Government Guidance on Anaerobic Digestion

8.7 The Government has set out its commitment to work towards zero waste in the Coalition Programme for Government. It also states the intention to introduce measures to help increase energy from waste through AD. The Department for Environment Food and Rural Affairs (Defra), in partnership with the Department of Energy and Climate Change, have published the Anaerobic Digestion Strategy and Action Plan 2011. This document states the benefits provided by AD include the diversion of waste from landfill and the production of renewable energy and natural bio fertilisers are considered to outweigh the negative impacts of the process. Furthermore, the document states that „use of digestate as renewable fertilisers offers a potential saving in greenhouse gas emissions from mining, and the transport and production activities associated with the manufacture of inorganic fertilisers.‟ While the 5 mile radius for digestate spreading will result in a small

number of additional vehicle movements, overall the use of digestate remains significantly more sustainable than the production and use of artificial alternatives.

Amenity Impacts

8.8 Policy CS14 of the MWDF Core Strategy requires the environmental and amenity impacts of mineral and waste development to be addressed to ensure that local amenity is protected. A number of consultees and neighbours have raised objections or concerns to the applications based on their potential to increase amenity impacts, particularly with regard to odour and traffic generation. The issues raised will be assessed below.

Odour 8.9 There are two aspects to consider relating to the potential odour impacts from the proposal to increase the throughput at the site; firstly relating to the AD plant site; and secondly in connection with the spreading of digestate and any associated cumulative impacts.

8.10 In respect of the AD plant, it is not considered to be located close to residential properties or settlements and the current buildings and plant at the site were designed and constructed with measures to mitigate and control odour. This includes: automated doors which are only opened to receive waste; negative air pressure within the reception building; and a bio filter to deal with air expelled from the building. The movement of waste from the reception building to anaerobic digestion tanks and from there to digestate storage is through enclosed pipework. These odour mitigation measures are considered appropriate and it is considered that there would be no justifiable reason to refuse the increase in waste throughput through the existing buildings and plant.

8.11 The majority of objections and concerns raised to the application relate to the odour impacts of spreading the digestate from the plant over a wide area, and the potential cumulative effect of this combined with another permitted, but not yet built AD plant at the former Chelveston airfield. Whilst the two sites are within relatively close proximity, the amount of digestate being applied to each field will not increase due to the surrounding area being a Defra allocated Nitrate Vulnerable Zone (NVZ). As a result of this allocation the application of nitrates to the soil is closely controlled to minimise the risk of diffuse water pollution. Furthermore, the applicant states in the supporting information submitted with application 11/00078/WAS that spreading will only occur twice a year during spring and summer and this would only be to particular fields in accordance with the nitrate controls.

8.12 In respect of the odour concerns it is acknowledged that the spreading of digestate can result in a short term release of odour. However, the spreading of agricultural fertilisers, including digestate from this AD plant, is not development which requires planning permission. It is common practice for farmers to spread farm manures and sewage sludge to land as a soil fertiliser. In this case the Environment Agency control the spreading of digestate under the Environmental Permit for the site and emissions to air, including odour, is therefore controlled under the Permit.

8.13 Planning Policy Statement 10 (PPS) Planning for Sustainable Waste Management and PPS 23 Planning and Pollution Control, provide guidance on the respective roles of the Waste Planning Authority and the Environment Agency. Government advice in these PPS documents is that the planning and pollution control regimes should complement rather than duplicate. It is therefore considered that the Environment Agency is the appropriate

authority to control any impacts, including odour, of the spreading of digestate. The Environment Agency has not objected to the planning applications.

8.14 The Waste Planning Authority had not received any complaints regarding the site in terms of odour prior to the submission of these applications. In the event of complaints, the Waste Planning Authority would liaise with the Environment Agency as permit regulators.

8.15 Overall, it is considered that any increase in odour as a result of the proposed development would not be of such significance to justify refusal of the application to vary condition 2 of planning permission 08/00002/WAS and increase the throughput to 49,000 tonnes per annum and allow the spreading of digestate on land within a 5 mile radius.

Traffic and Highways 8.16 The applicant states that despite their original estimate of 15 vehicles entering the site each day, in practice the average figure has been 12. The increase of waste from 45,000 to 49,000 tonnes per annum is envisaged to see that rise to 15. A 20 vehicle per day maximum has been stated, but the applicant suggests that this maximum would rarely be reached, but would cover any days following periods of reduced deliveries. The proposed increase in vehicle movements is minimal, with the main change resulting in loaded vehicles, rather than empty ones, leaving the site. The original application, 08/00002/WAS, required a scheme of road improvements to be implemented prior to the commencement of operations at the site. These were completed as required and it is therefore considered that there are no justifiable traffic or highways reasons to refuse the applications. The Highways Authority did not object to either of the planning applications.

Proposed Extension to Hours for Waste Importation 8.17 Objections were raised to extending the hours for waste imports to include public and bank holidays as a result of the disturbance from traffic noise dust and vibration. It has become common for the waste materials to be collected and moved on these days (excluding Christmas Day). The applicant has said that bank and public holidays are busy days for their retail customers and a significant volume of food waste is generated on these days. The applicant therefore seeks to provide a continuous service to its customers and avoid them incurring additional costs and double handling. The applicant has also stated that the number of vehicle movements would be reduced to an estimated maximum of 20 per day (10 in and 10 out) as opposed to 30 (15 in and 15 out) on a normal working day.

8.18 It is generally better if food waste is dealt with when it is as fresh as possible, particularly to reduce odour from waste decomposition. It has been normal for landfill sites to also apply to vary planning conditions to accept some wastes on Bank and Public holidays particularly from household waste recycling centres and sometimes from municipal waste collections. It should also be noted that the Committee did not prevent waste deliveries on Bank and Public Holidays when granting permission to the AD plant at the former Chelveston Airfield site (yet to be built).

8.19 The access to the site is off the A6 Trunk Road and therefore it would not be reasonable to prevent vehicles delivering waste to the site on the days requested. Nevertheless, it would be reasonable to restrict the first import of waste until 8.00am as the A6 Road would be much quieter on Bank and Public Holidays at 7.00am and there are properties which are located relatively close to this road. Christmas day should also

be excluded. (It should be noted that the applicant has not requested that waste be imported on Sundays and therefore Sundays will remain excluded). With these slight revisions it is considered that there would not be a justifiable reason to refuse the extended waste delivery hours (see Appendix A condition 5).

9. Conclusions

9.1 The applications are for: the increase in annual throughputs from 45,000 to 49,00 tonnes per annum, while removing the 4,000 tonne allocation for energy crops; allowing digestate spreading for a radius of 5 miles from the site; and allowing the acceptance of waste to the site on Bank and Public Holidays between the hours of 7.00am and 4.00pm. Objections have been received from East Northamptonshire Council and a number of local residents regarding the, in particular, odour and traffic. Overall it is considered that the proposed variations, in conjunction with the existing conditions of permission 08/00002/WAS and the controls by the Environment Agency under the environmental permitting regime will not give rise to any significant impacts to justify refusal of the applications. It should be noted that the Environment Agency and Highways Agency and Highways Authority did not object to the applications.

9.2 The proposals have also been assessed against the local development plan, in particular policies CS1, CS2, CS9 and CS14 of the Northamptonshire Core Strategy DPD (May 2010) and policy CMD1 of the Northamptonshire Control and Management of Development DPD (July 2011). It is considered that the development is acceptable in principle having regard to the local development plan policies and that there are no amenity or traffic and access grounds for the County Council to refuse these applications, subject to waste deliveries being commenced at 8.00am rather than 7.00am on Bank and Public Holidays. The applications should therefore be approved with the conditions listed in Appendix A.

10. List if Appendices

Appendix A – Proposed planning conditions (see attached).

Author: Name: Claire Spokes Team: Development Control, Planning Contact details: Tel: 01604 366119 Fax: 01604 236065 Email: [email protected] Background Papers: Case files: Application 08/00002/WAS, 11/00073/WAS & 11/00078/WAS Does the report propose a key decision is NO taken? If yes, is the decision in the Forward NO Plan? Will further decisions be required? If so, N/A please outline the timetable here Is this report proposing an amendment to NO the budget and/or policy framework? Have the financial implications been NO. There are none relevant to the cleared by the Strategic Finance determination of the planning application. Manager (SFM)? Name of SFM: N/A Have any capital spend implications been N/A

cleared by the Capital Asset Investment Group (CAIG) Has the report been cleared by the NO but cleared by Assistant Director relevant Corporate Director or ACE? Environment and Planning Has the relevant Cabinet Member been NO consulted? Has the relevant scrutiny committee been NO consulted? Has the report been cleared by Legal NO Services? Solicitor‟s comments: N/A Have any communications issues been N/A cleared by Communications and Marketing? Has an Equalities Impact Assessment NO. There are no equal opportunity been carried out in relation to this report? implications relevant to this application. Are there any community safety These are considered in the report. implications?

Are there any environmental implications: NO Are there any Health & Safety Implications: NO

Are there any Human Resources NO Implications: Are there any human rights implications: This planning application has been processed in accordance with the prescribed Town and Country Planning legislation and regulations. These afford individuals the rights to have their say on the development proposed and for the impacts of the development to be assessed having regard to the potential for impact on any individual, and the decision to be made taking into account any views expressed. The most relevant parts of the Human Rights Act are: Article 6 (Right to a Fair Trial); Article 8 (Right to Privacy); Article 10 (Freedom of Expression); and Protocol No1 which entitles every person to peaceful enjoyment of his/her possessions. Constituency Interest: NCC Ward: Rushden South KBC Ward: Rushden Bates

Agenda Item No: 7a - Appendix A – Proposed planning conditions to apply to both applications 11/00073WAS and 11/00078/WAS.

Conditions have been updated since permission 08/00002/WAS was granted. Those which have been discharged have been struck through and varied where appropriate.

Commencement of Development

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

Reason Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990.

Scope of Planning Permission

2. The development hereby permitted, shall not exceed a total annual throughput of 45,000 tonnes per annum, waste materials to be processed shall not exceed 41,000 tonnes per annum and digestate application shall be limited to the sites host agricultural unit.

The development hereby permitted, shall not exceed a total annual throughput of 49,000 tonnes per annum and digestate application shall be limited to a 5 mile radius from the site.

3. The developer shall ensure that systems are in place to ensure that the site accepts and processes only food-chain waste of a non hazardous nature and that systems are in place to deal with any prohibited wastes delivered to site. 4. The applicant shall notify the Waste Planning Authority in writing of the date upon which the proposed anaerobic digestion plant receives its first commercial import of waste for processing. Reason: To specify the scope of the permission, commencement date of waste operations and in the interests of clarity.

Hours of Working

5. Except as may otherwise be agreed in writing by the Waste Planning Authority the operations involving the importation of waste, removal of non-compostable waste and outside movement of wastes on site hereby permitted, shall be restricted to between the hours of 07.00 and 19.00 on Mondays to Fridays and 07.00 to 13.00 on Saturdays, with no operations on Sundays, Public, Statutory or Bank Holidays.

Except as may otherwise be agreed in writing by the Waste Planning Authority the operations involving the importation of waste, removal of non compostable waste and outside movement of wastes on site hereby permitted, shall be restricted to between the hours of 07.00 and 19.00 on Mondays to Fridays, 07.00 and 13.00 on Saturdays and 08.00 and 16.00 on Public and Bank Holidays (excluding Christmas day).

Reason: To ensure that the working on site is carried out within reasonable hours so as to avoid disturbance to land users nearby having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

.Documentation

6. From the date of the commencement and throughout development, a copy of this permission including all documents hereby approved and any other documents subsequently approved in accordance with this permission, shall always be on display at the site office for inspection during normal working hours.

Reason: To ensure this planning permission and associated documents are available on site for reference and inspection.

Odour and Noise

7. Prior to the commencement of the development, the applicant shall establish existing baseline odour and noise values. The assessment methodology shall be submitted to the Waste Planning Authority for approval in writing. The assessment methodology for odour shall consider the use of olfactometry.

8. The noise level and odour baseline assessments shall both include consideration for measurement at the following sites: The site boundary once the facility is built, but before waste is accepted on to the site Bencroft Grange Residential properties on the A6 Knotting Knotting Green Higham Park

In addition odour baseline assessments shall also include consideration to measurement at: Souldrop Newton Bromswold

9. All noise and odour sampling locations shall be chosen so that they are representative and are accessible.

10. Noise level monitoring shall include the following indices for day and night times:

a. Daytime (7am-11pm): LAeq (1 hour); LA90 (1 hour) & LA (Max)

b. Night time (11pm – 7am): LAeq (5 min); LA90 (5 min) & LA (Max) 11. Once sampling has taken place baseline levels shall be supplied to the Waste Planning Authority for approval in writing, prior to the operation of the anaerobic digestion operation.

12. Odour levels shall be sampled at the site boundary every six months throughout the operational life of the anaerobic facility, unless otherwise agreed by the planning

authority.

13. Odour monitoring records shall be kept by the operator and be available to the Waste Planning Authority, Local Environmental Protection Authorities and the Environment Agency upon written request.

14. Noise shall be controlled in general accordance with the scheme of control measures identified in the submitted application (Environmental Report paragraphs 1.30 to 1.35) and all plant and machinery shall be noise attenuated.

15. Noise generated from operations on the site shall be controlled in accordance with a scheme to be agreed in writing by the Waste Planning Authority in relation to the baseline levels established by the noise assessment required by Conditions 7-17, as taken free field at the nearest noise sensitive properties to the site, and in any event LAeq shall not exceed the LA90 (background) by more than 3 dBA or more than 5 LA (Max) above 82 dBA in any one hour at night time.

16. Odour shall be controlled in accordance with the scheme of control measures identified in the submitted planning application (Environmental Report - Chapter 7) as assessed in the report entitled “Assessment of Odour Abatement: Biogen (UK) Ltd Proposed AD Facility at West Wood” by Enviros Consulting Ltd, unless otherwise agreed in writing by the Waste Planning Authority.

17. In the event that complaints regarding, odour, dust, or noise are received by the Waste Planning Authority from any sensitive receptor, and thereafter notified to the operator, an immediate assessment of the complaint shall be undertaken. A report on the findings, with proposals for removing, reducing or mitigating identified adverse effects resulting from the operation, and a programme for the implementation of remedial measures to be undertaken shall be submitted to the Waste Planning Authority no later than 5 working days from the receipt of the complaint. Reason for Conditions 5-15 and Development Plan Policies: To protect the interests of the area as a whole and in particular nearby residential occupiers having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Lighting

18. Prior to the commencement of construction, a lighting scheme shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall:

a. Take into account lighting needs during operational hours

b. Reduce lighting to a minimum outside of operational hours

c. Minimise the risk of light spillage beyond the operational areas and into the sky

d. Utilise movement sensors to ensure lighting is off when the site is not occupied

e. Minimise potential effects on bat flight paths through the use of low brightness lighting (such as low-pressure sodium) and restriction of lighting hedgerows; and

Upon approval in writing, the details shall be implemented and thereafter the

development shall be operated in accordance with the approved details

Except as may otherwise be agreed in writing by the Waste Planning Authority, external lighting shall be in accordance with the scheme submitted by Rolton Group, dated 11th June 2008 in connection with Planning Permission 08/00002/WAS, and thereafter maintained.

Reason for Condition 16 and Development Plan Policies: In the interests of visual and local amenity having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Highway Safety and Access 19. The Heavy Goods Vehicle access to and from the site shall only be gained via the access point onto the A6 (Bedford Road) shown on Drawing No. 07-0296/INF/10P1. This access shall be maintained in accordance with the highway improvement scheme subject to an Agreement under Section 278 of the Highways Act 1980, dated 22nd May 2009 in connection with Planning Permission 08/00002/WAS. No construction development other than preparatory earthworks and ground works shall take place until an access and associated infrastructure scheme has been submitted to and approved in writing by the Waste Planning Authority. Unless otherwise agreed in writing with the Waste Planning Authority, new buildings and plant construction shall not commence until this scheme has been laid out and constructed. The scheme shall include the following details:

a. Hard surface details

b. Means of drainage to prevent the unregulated discharge of surface water onto the highway

c. Maximum gradient from the highway boundary

d. Permanent access warning signs either side of the proposed works

e. The access road shall be of a minimum width of 7m for a distance of 70.0m from the edge of the existing carriageway

f. The junction of the proposed access road with the public highway shall be laid out with 15.0 radius kerbs

g. Visibility splays shall be provided on either side of the junction of the proposed access with the public highway. The minimum dimensions to provide the required splay lines shall be 4.5m measured along the centre line of the access road from its junction with the channel line of the public highway, and 215.0m measured along the channel line of the public highway from the centre line of the access road

h. Any vegetation above 600mm in height within the visibility splay area shall be removed

i. The access road shall be metalled for a minimum distance of 60m

j. The site entrance and internal road shall be maintained in a condition free from

potholes while in use

The development shall be constructed on strict accordance with the approved details and approved vision splays and thereafter maintained.

Wheel Cleaning and Vehicle Sheeting

20. All operational vehicles leaving the site shall be cleansed of mud and other debris to ensure that there is no nuisance dust and no mud or debris is deposited on the public highway.

21. All operational vehicles arriving at and leaving the site shall be appropriately sealed so as to prevent material spillage, wind blow and odour nuisance. Reason for condition 17, 18 and 19:To ensure satisfactory means of access to the highway, safeguard the interest of users of the public highway and highway safety having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Vehicle Routing

22. No lorries or other heavy commercial vehicles based at or visiting the site shall travel along the minor roads off the A6 leading to Newton Bromswold, Knotting or Souldrop unless collecting food waste from these villages.

Reason: To safeguard the interests of users of the public highway and highway safety having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Rights of Way

23. Prior to any development likely to affect any right of way, details of the works shall be submitted to the Waste Planning Authority in writing, and implemented in accordance with that approval. The details shall also include Signs warning lorry drivers of the presence of the public right of way as submitted under Planning Permission 08/00002/WAS shall be erected and maintained throughout the development.

Reason: To safeguard the interests of users of the public rights of way and safety having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Consignment Note Records

24. Consignment note records and waste transfer note records relating to materials imported to, stored on or taken away from the site shall be made available to the Waste Planning Authority upon request.

Reason: In the interests of waste management and quality accountability having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Proximity Principle

25. All waste materials to be processed on the site shall originate from locations within a radius of 30 miles of the application site, unless expressly approved in writing by the Waste Planning Authority.

Reason: To ensure that the development is a local facility that will contribute to a sustainable waste management system for Northamptonshire and minimise the transportation of waste from its source and the movement of waste across waste planning authority boundaries having regard to Policy CS1 of the Northamptonshire MWDF Core Strategy (May 2010) and Policy CMD1 of the Northamptonshire MWDF Control of Management of Development DPD (June 2011).

Visual Amenity

26. Prior to the construction of any new buildings on site, full details of the design, external appearance, and materials to be used in the construction of any new building permitted by this planning permission shall be submitted to the Waste Planning Authority for approval in writing. Upon approval, the development shall be constructed and maintained in accordance with the approved plans, details and colours as submitted in connection with Planning Permission 08/00002/WAS. The relevant plans are:

o 07-0296/A/01PL2 – Proposed Site General Arrangement o 07-0296/A/02PL2 – Proposed Site Location Plan o 07-0296/A/03PL2 – Proposed Site Location Plan o 07-0296/A/10PL1 – Proposed Ground and First Floor General Arrangements o 07-0296/A/11PL1 – Proposed Roof Plan o 07-0296/A/70PL1 – Proposed Elevations Sheet 1 (Colour Option 3) o 07-0296/A/71PL1 – Proposed Elevations Sheet 2 (Colour Option 3) o 07-0296/A/72PL2 – Proposed Elevations Sheet 3 (Colour Option 3)

27. Prior to the construction of the The proposed flare stack, full details of the design, height and external appearance shall be as submitted to the Waste Planning Authority for approval in writing in connection with Planning Permission 08/00002/WAS. Upon approval, the flare stack development shall be constructed and maintained in accordance with the approved details.

Reason: To protect the interests of local amenity having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010).

Habitat Creation and Enhancement, Restoration and Landscaping

28. Prior to commencement of the development an Environmental Management Plan shall be submitted to the Waste Planning Authority for its approval in writing. The plan shall be in general accordance with the application material including The development shall be controlled in accordance with Chapters 4 and 5 respectively “Landscape and visual effects” and “Ecology” of the Environmental Report submitted with the planning application 08/00002/WAS and :.and incorporating additional hedgerow and screening planting between the A6 and the site. In addition:

a. Details shall be provided of the location, numbers, types and species of trees and shrubs proposed to be planted. b. Hedgerow planting shall take place in the first planting season following the approval of the scheme. c. Planting associated with the development site perimeter shall take place in the first planting season following construction of the development.

a. All plant species shall be indigenous to the local area, be appropriately maintained for a period of 5 10 years following planting and any plants which die or become diseased within this period shall be replaced in the following planting season. b. Operations that involve the destruction and removal of vegetation shall not be undertaken during the months of March to October inclusive, except when approved in writing by the Waste Planning Authority, once a survey report has been submitted to establish that breeding birds will not be adversely affected by lost habitat or lost fruiting vegetation.

Reason: To protect the interests of design, landscape character, biodiversity and local amenity having regard to Policy CS14 of the Northamptonshire MWDF Core Strategy (May 2010) and Policy CMD7 of the Northamptonshire MWDF Control and Management of Development DPD (June 2011).

Reinstatement

29. In the event of the anaerobic digestion operations ceasing for a period in excess of 18 months, the site shall be reinstated to an agricultural standard in accordance with a scheme to be submitted to the Waste Planning Authority and agreed in writing.

Reason: To safeguard the landscape character should the development be temporary having regard to Policy CS14 of the Core Strategy DPD (May 2010) and Policy CMD8 of the Control and Management of Development DPD (June 2011).

Archaeology and Heritage c. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

Reason: In the interests of heritage and historic environment preservation and local amenity having regard to Policy CMD9 of the Control and Management of Development DPD (June 2011).

Monitoring

30. The operators of the site shall at a minimum of 12 monthly intervals provide in writing to, and upon request by, the Waste Planning Authority detailed information on the quantities and types of all waste materials brought on to the site for re-use, recovery, and disposal, together with an assessment of used and remaining capacity. Such information will only be used in aggregated format as part of an Annual Monitoring Report produced by the Waste Planning Authority.

31 The operating company shall keep records of the quantity of waste received by weight and its source and these records shall be provided to the Waste Planning Authority within seven days of a written request. All such information supplied will be treated on a confidential basis.

Reason: To enable the Waste Planning Authority to monitor progress towards achieving the principles in Policy CS1 of the Northamptonshire MWDF Core Strategy (May 2010) and the

objectives of the National Waste Strategy for England 2007.

32Prior to the commencement of construction, the signage scheme shall be as submitted to the Waste Planning Authority for approval in writing in connection with Planning Permission 08/00002/WAS. The scheme shall be implemented within three months of built construction and thereafter maintained: a. Be appropriate for users of the rights of way to view b. Detail signage dimensions c. Identify at least two sign locations to be used, including: i. One location for users of the Three Shires Bridleway and adjacent to the development site ii. One location shall be adjacent to the permissive right of way proposed to connect the Three Shires Bridleway with the footpath starting at the kissing gate adjacent to the site access d. The signs shall explain the anaerobic digestion process and the sustainability context of anaerobic digestion e. Be designed in sympathy with the surrounding landscape Upon approval in writing, the details shall be implemented within three months of built construction commencing and thereafter maintained. Reason Provision of waste awareness in the local community in the context of anaerobic digestion and the need to divert food waste from landfill and in the interests of visual and local amenity having regard to Policy CS14 of the Core Strategy DPD (May 2010).

Informative

The applicant must gain any necessary permits in order to dispose of excess liquid onto nearby land.

It is the responsibility of the applicant to ensure that the development will not affect any water features (i.e. wells, boreholes, springs, streams or ponds) in the area, including licensed and unlicensed abstractions.