planning report D&P/2507a/01 12 September 2013 Plot 5 Sustainable Industries Park, North Choats Road, Dock in the London Borough of Barking & Dagenham planning application no.13/00649/FUL

Strategic planning application stage 1 referral Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008

The proposal Erection of anaerobic digestion plant involving processing of food waste and production of gas and agricultural digestate, an animal bi-products transfer station, ancillary equipment and two storey office/amenity block.

The applicant The applicant is Refood UK Ltd, and the architect is John Hill Associates Ltd.

Strategic issues The use of the site for waste management is strongly supported. Other issues assessed include; employment and traning, design, inclusive access, sustainable development, flood risk management, blue ribbon network and transport. Recommendation That Barking & Dagenham Council be advised that the application does not comply with the London Plan, for the reasons set out in paragraph 54 of this report; but that the possible remedies set out in that paragraph of the report could address these deficiencies.

Context

1 On 6 August 2013 the Mayor of London received documents from Barking & Dagenham Council notifying him of a planning application of potential strategic importance to develop the above site for the above uses. Under the provisions of The Town & Country Planning (Mayor of London) Order 2008 the Mayor has until 16 September 2013 to provide the Council with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. The Mayor may also provide other comments. This report sets out information for the Mayor’s use in deciding what decision to make.

2 The application is referable under Category 2B of the Schedule to the Order 2008: ”Waste development to provide an installation with capacity for a throughput of more than…50,000 tonnes per annum of waste produced outside the land in respect of which planning permission is sought.”

page 1 3 Once Barking & Dagenham Council has resolved to determine the application, it is required to refer it back to the Mayor for his decision as to whether to direct refusal; take it over for his own determination; or allow the Council to determine it itself.

4 The Mayor of London’s statement on this case will be made available on the GLA website www.london.gov.uk. Site description

5 The London Sustainable Industries Park (LSIP) is located off the A13 at Dagenham Dock, with direct access to the A13(T) at Goresbrook Interchange, via Choats Manor Way and Choats Road. Junction 30 of the M25 lies approximately 6 miles to the east, whilst the North Circular/A406 lies approximately 3 miles to the west. Dagenham Dock Rail Station is 250m to the northwest.

6 The LSIP was initially developed by the London Development Agency and London Thames Gateway Development Corporation but responsibility for ongoing development has now passed to the Greater London Authority. The proposals will be located on plot 5 of the LSIP, immediately to the north of Closed Loop recycling and to the south of the proposed Chinook energy from waste facility.

7 The A13 Ripple Road/Thames Gateway, approximately 1km away, is the nearest part of the Transport for London Road Network (TLRN). The EL2 bus service between Ilford and Dagenham Dock stops just outside the site. There are no other services within acceptable walking distance. The nearest railway station is Dagenham Dock, about 600m away, but the walk is not pleasant given the significant use of the road by heavy goods and similar vehicles. An on highway cycle lane serves the site but suffers from the same problems. The application site records a poor public transport accessibility level (PTAL) of 1b on a scale of 1-6, where 6 is the highest.

Details of the proposal

8 A full planning application has been submitted for the erection of anaerobic digestion plant involving processing of food waste and production of gas and agricultural digestate, an animal by-products transfer station, ancillary equipment and two storey office/amenity block.

9 The proposed development would seek to:

 Recover energy from up to 160,000 tonnes of commercial and domestic food waste each year using anaerobic digestion, which is currently going to landfill.

 Generate bio gas which is to be injected into the national gas grid.

 Render meat and bone by-products (much the same as the Silvertown plant currently does) to produce products such as pet food. Case history

10 A pre- planning application meeting was held in July 2012 including the applicant and GLA officers. The proposal was broadly supported. Strategic planning issues and relevant policies and guidance

11 The relevant issues and corresponding policies are as follows:

page 2  Land use London Plan; Draft London Riverside Opportunity Area Planning Framework  Waste London Plan; London Plan; the Municipal and Business Waste Management Strategies;  Employment and training London Plan  Urban design London Plan;  Inclusive design London Plan; Accessible London: achieving an inclusive environment SPG; Planning and Access for Disabled People: a good practice guide (ODPM)  Sustainable development London Plan; Sustainable Design and Construction SPG; Mayor’s Climate Change Adaptation Strategy; Mayor’s Climate Change Mitigation and Energy Strategy; Mayor’s Water  Flood risk London Plan;  Blue Ribbon Network London Plan  Transport London Plan; the Mayor’s Transport Strategy; Land for Industry and Transport SPG

12 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan in force for the area is the 2010 Barking & Dagenham Core Strategy Development Plan Document, the East London Joint Waste Development Plan Document, and the 2011 London Plan.

13 The following are also relevant material considerations:  The National Planning Policy Framework and Technical Guide to the National Planning Policy Framework.  The draft London Riverside Opportunity Area Planning Framework (on public consultation).  The draft Revised Early Minor Alteration to the London Plan (intend to publish version) Land use & principle of development - Waste Management

14 The site is in Dagenham Dock employment area, which is a Strategic Industrial Location (SIL) and identified as a Preferred Industrial Location in the London Plan. London Plan Policy 2.17 Strategic Indstrial Locations explains how the Mayor will work to protect London’s SILs as London’s main reservoirs of industrial and related capacity. The policy goes on to explain that such related capacity includes general and light industrial uses, logistics, waste management and environmental industries (such as renewable energy generation), utilities, wholesale markets and some transport functions and that proposals not falling into these uses should be refused.

15 The London Sustainable Industrial Park is identified in Schedule 2 of the East London Joint Waste DPD as one of a number of sites which can potentially be available and suitable for waste management facilities. The Schedule 1 & 2 sites identified in the Joint Waste DPD are considered to make up the East London Joint Waste apportionment.

page 3 16 London Plan policy 5.17 Waste Capacity states that the Mayor supports the need to increase waste processing capacity in London, including strategically important sites for waste management and treatment, and resource recovery parks/consolidation centres. London sustainable industries park is one such location, where recycling, recovery and manufacturing activities can co-locate. The Mayor's draft Business waste management strategy attempts to quantify the waste infrastructure that London requires and estimates that approximately 900,000 tonnes of additional organic waste treatment infrastructure is necessary by 2031.

17 The applicant states that the proposals will have the capacity to deal with 160,000 tonnes of food waste per annum that would otherwise go to landfill. It is understood that the liquid element is collected separately from a number of sources (e.g. Haribo, where it is a by- product of sweet manufacturing) and that this was necessary to make the optimal mix of liquid/ solid necessary to allow the anaerobic digestion process work efficiently. 18 The food waste will be collected from two main sources:  70-80% is from supermarkets under national contracts  20-30% is from restaurants and similar under a “bin-swap” programme, whereby full bins will be collected and replaced by empty ones.

19 It would also be desirable for the plant to process some of London’s municipal food waste, where possible and to this end the applicant is encouraged to contact the East London Waste Authority (ELWA) to see if this is possible.

20 The proposals are broadly consistent with London Plan policies 5.16 Waste Self- sufficiency, 5.17 Waste Capacity and the Mayor's draft Business waste strategy. Furthermore, the use of anaerobic digestion to produce energy and fertiliser/soil conditioner is supported, as this will contribute towards meeting the Mayor’s recycling targets.

page 4 21 London Plan Policy 4.1Developing London’s Economy aims to promote and enable London’s transition to a low carbon economy, and policy 4.10 New and emerging economic sectors outlines how the Mayor will support development of the Green Enterprise District in the Thames Gateway. The London sustainable industries park is a vital component in the establishment of the Green Enterprise District and therefore a vital step in London’s transition towards low carbon economy. These proposals have the potential to contribute strongly towards the aims of policies 4.1 and 4.10 and help secure the range of benefits the Green Enterprise District will bring to this part of East London.

22 The principle of waste management on the site is strongly supported. Employment & training

23 London Plan policy 4.12 Improving opportunities for all states that development proposals should support local employment, skills development and training opportunities. It is understood that around 60 staff, currently working at the plant in Thameside West, will be transferring to the new plant. Once operational the applicant states that the proposed development will create an additional 35 full time jobs. It is anticipated that the permanent employment opportunities will be employees sourced locally and this is welcomed, in the event that the proposals should obtain permission the Mayor will seek to secure this commitment by planning condition.

24 The applicant is committed to taking on two apprentices each year from the local area, and that these positions could lead to full-time skilled work. This training package leading to full-time work is strongly welcomed and the applicant is encouraged to begin discussions with local schools and education providers as early as possible to assist with the apprenticeship scheme and maximise other local opportunities for skills development and training.

Urban design

25 It is accepted that there is limited flexibility with regards to the layout of the proposals, given that the vehicular access and junction configurations are already fixed to a large extent by the LSIP Phase 1 infrastructure package, which is outside of the application boundary.

26 Any interface with the public realm is limited to the junction of the access road at the proposed “hub” space and shared surface, and the entrance to the office building off Choats Road. The designated flood area to the north is proposed to be used as an HGV trailer park. This is considered acceptable in London Plan design terms, but the applicant is advised to seek specialist advice and liaise with the Environment Agency with regards to the technical feasibility of this approach and any mitigation measures that may be required.

27 The building design is to a large extent, fixed by the technology proposed, and does not raise any strategic design concerns.

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All London Green Grid

28 Integrating London’s open space network and providing sustainable linkages between existing and emerging communities and employment centres is central to several objectives of the London Plan 2011, and is specifically dealt with in Policy 7.5. The provision, enhancement and management of green infrastructure as an independent “grid” is outlined in policy 2.18, and the All London Green Grid Framework Supplementary Planning Guidance gives direction on how to integrate open space networks and sustainable linkages into the planning of the regeneration of London.

29 The draft London Riverside Opportunity Area Planning Framework supports and promotes the All London Green Grid (ALGG) Framework Supplementary Planning Guidance and supports the Mayor’s Green Enterprise District (GED) initiative. The GED initiative aims to create a highly sustainable and attractive destination for people to live, work and visit within the East London opportunity areas. The London Sustainable Industries Park and the application site sit within the Green Enterprise District initiative.

30 London Sustainable Industries Park lies immediately to the east of the emerging residential community at Barking Riverside, and these are two key areas for the regeneration of East London. A pleasant and distinctive public realm is crucial to delivering the objectives of the London Plan, the ALGG Framework Supplementary Planning Guidance, the draft London Riverside opportunity area planning framework and supporting the ongoing regeneration of East London.

31 The London Riverside Opportunity Area Planning Framework also supports and promotes improved connectivity for walking, cycling and public transport in London Riverside in line with London Plan policies 6.9 and 6.10. Within the vicinity of the site, improvements have been identified in the ALGG Supplementary Planning Guidance along one such link, Lower Goresbrook to Dagenham Dock. This is a section of the proposed National Cycle Route 13, with associated green connections and improvements to open space and watercourses.

32 Given that the provision of this link is important for improving the area’s accessibility and will directly benefit the site, the applicant would be expected to make a financial contribution towards its implementation, in line with London Plan Policies 2.18, 6.10, 6.9 and 7.5. The Council should secure this contribution through an appropriate condition.

page 6 Inclusive access

33 The applicant should look in detail at the pedestrian accesses onto the site, whether people have to negotiate any gates or security systems, and how these will be accessible for disabled people. The pedestrian routes within the site should be designed so that their width, gradients and surfacing are suitable and as usable as possible for as many people as possible, and the applicants should consider how pedestrian routes will be segregated from vehicle circulation routes. All crossing points should be designed in accordance with the latest design guidance and should incorporate correctly designed dropped kerbs and tactile paving.

34 The scheme proposes 32 car parking spaces and two of these spaces are allocated for Blue Badge holders, which is acceptable. However, this provision and the scheme to embed inclusive design should be conditioned. Sustainable development

35 The applicant states that there are no district heating networks in the area however the London Heat Map shows that a district heating transmission line is proposed along Choats Road, on the southern boundary of the site. The applicant should confirm that the office’s heating system will be capable of future connection to a district heating network.

36 The applicant has investigated the feasibility of combined heat and power (CHP). However, due to the intermittent nature of the heat load, CHP is not proposed. This is accepted, in this instance. The gas produced from the anaerobic digestion process will not be used to generate electricity and heat. Instead this will be injected into the gas grid.

37 The applicant has proposed to install 150sqm of solar photovoltaic (PV) on the roof of the buildings. A plan should be provided showing the proposed location of the PV. The applicant is proposing to install a ground source heat pump to heat and cool part of the buildings. The applicant is also proposing to use a biogas boiler to heat the buildings. This element should be accounted for in this third tier of the energy strategy as biogas is a renewable source.

38 Further information should be provided on the parts of the buildings and the proportions of heat loads to be met by the ground source heat pump and biogas boiler. Further information should also be provided on the heat distribution system as underfloor heating is an unusual choice for industrial buildings. Regulated carbon dioxide emissions and savings within the buildings for each element of the energy hierarchy should be presented as described in the GLA guidance on energy assessments (http://www.london.gov.uk/sites/default/files/guidance-energy- assessments-sept-2011.pdf), and the percentage saving achieved against the Part L 2010 compliant baseline. Information should be provided on a tonnes per annum basis rather than per m2. Flood risk management

39 The Flood Risk Assessment indicates that the site is within Flood Zone 3 and at risk from both tidal and fluvial sources. The site is well defended by existing tidal flood defences but does have a residual flood risk from both tidal and fluvial sources. The FRA states that the development will include an area for safe refuge and will set servicing yard areas above the 1 in 100 year flood height as well as some land re-profiling to create compensatory flood storage. The FRA also recommends that a Flood Emergency Plan be prepared – given the location of the site this may need to consider however any staff/visitors can safely remain at the site – rather than seek a route to dry land. These measures should be secured by an appropriate planning condition in order for the development to comply with London Plan policy 5.12 Flood risk management.

page 7 40 Surface Water Run-off: The FRA indicates that the development will include surface water storage on site. Such measures are required by the Sustainable Drainage hierarchy within London Plan policy 5.13 Sustainable draingae and should be secured by an appropriate planning condition. The proposal to use the designated flood area to the north for HGV trailer park should be discussed and resolved with the Environment Agency. Blue ribbon network

41 London plan policy 7.26 sets out how the Mayor intends to increase the use of the Blue Ribbon network for freight transport. Given that waste material for processing by the proposed facility will arise in relatively small quantities from a number of localised sources it would not be possible to effectively use the rail and river system on an ongoing basis. However, during the construction phase water transport for large loads and equipment, perhaps utilising the nearby wharf facilities should be considered. This could be assessed in the procurement of a contractor for the site. The Port of London Authority (PLA) promotes the use of the for trade and could provide further practical information. Transport for London’s comments

Transport impact

42 Given its scale and location, the development should not have any material impact on either the strategic highway or public transport networks.

Parking

43 Having considered the poor public transport accessibility of the site and the number of staff who would be based there, including shift workers, the provision of 32 car parking spaces is considered acceptable. In line with London Plan standards two of the spaces would be for Blue Badge holders. However, the proposed provision of 4 electric vehicle charging points (EVCP) is below the minimum required by London Plan policy and instead 20% of spaces should have active EVCP and a further 10% passive.

44 The proposed cycle parking should also be increased to 9 spaces in total to comply with the relevant London Plan minimum standard. This parking should be in a secure, covered and accessible location and changing facilities, showers and lockers should be provided for cyclists.

Travel planning

45 To accord with London Plan transport policies, TfL requests that a travel plan is prepared for submission to and approval by the Council prior to first occupation. Monitoring and the approved travel plan should also be secured. To encourage more sustainable travel the latter could include car sharing, a shuttle service from Dagenham Dock or major transport interchange and walking and cycling improvements.

Walking and cycling

46 The emerging London Riverside Opportunity Area Planning Framework (OAPF) promotes better connectivity including the Sustrans National Cycle Route 13 (NCN13) along the Lower Goresbrook to Dagenham Dock, as an alternative for pedestrians and cyclists to Choats Road. This route is also identified in the All London Green Grid framework. Part of it is now being implemented but there is no funding to complete the route in the area including the section bordering the site.

page 8 47 NCN13 would directly serve the development encouraging more sustainable travel. Accordingly, in line with London Plan policy, the applicant should contribute towards its completion in this area. TfL therefore encourages the Council and the applicant to discuss this matter further to agree appropriate s106 provisions.

Construction, deliveries and servicing

48 In line with London Plan transport policies a construction logistics plan (CLP) and a delivery and servicing plan (DSP) should be submitted to and approved by the Council, before construction work commences and prior to occupation respectively. TfL also request confirmation that measures will be put in place to fully contain airborne dust and debris from operations and vehicle movements.

Community Infrastructure Levy (CIL)

49 The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help implement the London Plan, particularly policies 6.5 ‘Funding Crossrail & Other Strategically Important Transport Infrastructure’ and 8.3 ‘CIL’. The Mayoral will be paid on commencement of most new development in Greater London. The Mayor has arranged the boroughs into three charging bands and the rate for Barking and Dagenham is £20 per sqm. The required CIL should be confirmed by the applicant and Council on commencement of development.

Summary

50 In summary, before the application can be considered in accordance with London Plan transport policies TfL requests that a travel plan, construction and logistics plan and delivery and servicing plan are secured by condition/ s106 agreement. TfL also seeks an increase in cycle parking and EVCP and confirmation of specific details as outlined above. Lastly, TfL would expect a contribution to be secured towards NCN13. Local planning authority’s position

51 Barking & Dagenham planning officers have yet to confirm their position. Legal considerations

52 Under the arrangements set out in Article 4 of the Town and Country Planning (Mayor of London) Order 2008 the Mayor is required to provide the local planning authority with a statement setting out whether he considers that the application complies with the London Plan, and his reasons for taking that view. Unless notified otherwise by the Mayor, the Council must consult the Mayor again under Article 5 of the Order if it subsequently resolves to make a draft decision on the application, in order that the Mayor may decide whether to allow the draft decision to proceed unchanged, or direct the Council under Article 6 of the Order to refuse the application, or issue a direction under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application and any connected application. There is no obligation at this present stage for the Mayor to indicate his intentions regarding a possible direction, and no such decision should be inferred from the Mayor’s statement and comments. Financial considerations

53 There are no financial considerations at this stage.

page 9 Conclusion

54 London Plan policies on Principle of land use - waste management, employment, design, inclusive access, sustainable development/energy, flood risk management, blue ribbon network and transport are relevant to this application. The proposed development broadly complies with the London Plan. There are some issues that must be addressed as set out below:  Principle of land use – waste management: The proposed development on the site is an appropriate use and it is strongly supported.  Employment & training: The applicant’s commitment towards employment and training is welcomed, and it should be secured.

 Design: There are no strategic design concerns.

 Inclusive access: Inclusive design should be conditioned.

 Sustainable development: Regulated carbon dioxide emissions and savings within the buildings for each element of the energy hierarchy should be presented. The applicant should confirm that the proposal will be capable of future connection to a district heating network. All these should be conditioned.

 Flood risk management: The proposed mitigation measures should be secured.

 Blue ribbon network: The applicant should consider to maximise water transport for large loads and equipment, perhaps utilising the nearby wharf facilities during construction phase.

 Transport: A travel plan, construction and logistics plan and delivery and servicing plan should be secured by condition/s106 agreement. TfL seeks an increase in cycle parking and EVCP and confirmation of specific details as outlined above. TfL would also expect a contribution to be secured towards NCN13.

for further information, contact Planning & Projects Unit: Colin Wilson, Senior Manager - Planning & Projects 020 7983 4783 email [email protected] Justin Carr, Strategic Planning Manager (Planning & Projects) 020 7983 4895 email [email protected] Tefera Tibebe, Case Officer 020 7983 4312 email [email protected]

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