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Report of the Assistant Director of Planning, Transportation and Highways to the Regulatory and Appeals Committee Meeting to Be Held on 9 February 2017 AF

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Report of the Assistant Director of Planning, Transportation and Highways to the Regulatory and Appeals Committee Meeting to Be Held on 9 February 2017 AF Report of the Assistant Director of Planning, Transportation and Highways to the Regulatory and Appeals Committee meeting to be held on 9 February 2017 AF Subject: This full planning application -16/006857/FUL - seeks approval for two plants to recover energy from waste with materials reception, waste bunker hall, turbogenerator hall, bottom ash hall; construct education/visitor centre, offices, workshop/warehouse for plant operatives, with parking and landscaping. Land East of Former Gas Works Airedale Road Keighley West Yorkshire. Summary statement: The proposal involves two different processes for the management of waste which produce energy (electricity) and fuels through a series of interlinked buildings, with the tallest building at 35m in height and associated stack (60m) to the eastern part of the site in the proximity of existing gasometres. The effect of the proposal on the surrounding landscape, Grade I listed East Riddlesden Hall and residential properties has been assessed. On balance, the proposal is considered acceptable, and provides overall benefits and public benefits that outweigh the identified harm. Julian Jackson Portfolio: Assistant Director Regeneration, Planning and Transport (Planning, Transportation & Highways) Report Contact: John Eyles, Overview & Scrutiny Committee Area: Major Development Manager Regeneration and Economy Phone: (01274) 434380 E-mail: [email protected] Report to the Regulatory & Appeals Committee 1. SUMMARY In April 2014 planning permission was granted for three plants to recover energy from waste, with materials reception and feedstock building, offices, education/visitor centre, parking and landscaping (13/04217/FUL). In 2015 a further application was submitted (15/01381/FUL) which was a material amendment to the proposal granted permission in April 2014, with the major differences being: - a reduction of the number of energy facilities from three to two. Removing the tyre waste pyrolysis activity. - a slimming of the stack from a 4m diameter to 2.2m diameter - an increase in the height of the buildings, maximum by approximately 5m - a change in the layout/footprint of several buildings - an increase of the ‘massing’ of the buildings At the Regulatory & Appeals Committee of the 18 August 2015, application 15/0131/FUL was refused permission for the following reasons 1) The proposal is contrary to Policies NE3, NE3A, UR3 and P11 of the Replacement Unitary Development Plan due to the detrimental impact on visual amenity and the adverse impact on the landscape character of the area by virtue of its height, massing and form. 2) The proposal is contrary to Policy D1 of the Replacement Unitary Development Plan by virtue of its industrial finish, design, scale and height. This application seeks to address the reasons for refusal in 2015, by amending the height, massing, form, finish, design and scale of the buildings. The processes, operations, HGV numbers, emissions, noise levels, hours of operation etc, remain as set out in 2015. Nevertheless all matters are considered again within this report and should be taken fully into consideration for the purposes of determination on this application. The applicant states the key revisions to the 2015 refused scheme are: The volume of the visible buildings has reduced by 11.1% • The total gross internal area (GIA) has reduced by approximately 2% and approximately 7% from that of the approved 2013 scheme • The maximum height of the main building has been reduced to 35m (from just over 35m), with part of this building ‘stepped down’ to approx. 30m. • The external materials and colour of the buildings have been modified Report to the Regulatory & Appeals Committee The main elements to the proposal are: • A Refuse Derived Fuel (RDF) Power plant with an expected throughput of approximately 100,000 tpa, buildings up to 35m and a stack of 60 m in height above ground level. Power generation of approximately 10/11 MW of electricity net annual average; • Waste plastics melting plant with a throughput of 30,000tpa. Forecast of 28.5 million litres per annum of biofuel for distribution; • Grid connection cables, plant and equipment to enable electricity to be supplied to the public supply network and the Dalton Lane proposals, for a battery based energy storage centre (16/06851/MAO) Data Centre (16/06850/MAO) • Infrastructure to enable Combined Heat and Power (CHP) including the potential for the provision of a steam off take connection to the Data Hotel site and Dalton Mill site; • Two storey office building with capacity for 99 personnel for commercial let; • Visitor Centre to promote education and greater awareness relating to waste issues (waste minimisation, re-use, recycling etc), including the role of EfW; • Workshops, staff facilities and administrative building. There are two main areas of the proposal which are considered in detail, as there are conflicts with policy; that is landscape/residential visual impact and impacts on heritage assets. These are set out in detail in the technical report appended. It is concluded that the benefits and public benefits of the proposals outweigh the harm. Overall, the proposal is considered to be sustainable development which is in accordance with the National Planning Policy Framework, National Planning Policy for Waste, RUDP and emerging Waste DPD, but is in part contrary to policies on residential visual amenity for a small number of properties (4 properties). On balance, the potential failure to comply, in part, with the residential visual amenity policies is not considered sufficient enough to outweigh the benefits the proposed development would bring. There is also potential in the future to achieve the aspirations of the Developer and for the proposed development to facilitate substantial public benefits - that is to revive the Dalton Mills area, provide Combined Heat and Power and bring the headquarters of the main operator of the plant to Keighley by the provision of Grade A office space in a highly accessible location. Additionally, the allocation of the site for employment uses (including industrial use) and the existence of an extant permission on the site cannot be ignored. The site is a suitable site for a waste facility. Report to the Regulatory & Appeals Committee It is recommended that planning permission is granted subject to conditions and a S106 agreement for continued funding of tree planting at East Riddlesden Hall. 2. BACKGROUND Attached at Appendix 1 is a copy of the Assistant Director of Planning, Transportation and Highways report which identifies and appraises the material considerations of the proposal. 3. OTHER CONSIDERATIONS None 4. OPTIONS Grant permission Refuse permission (in which case detailed reasons would need to be given based on planning policy) Grant permission with alternate or additional conditions. 5. FINANCIAL & RESOURCE APPRAISAL There are no financial implications for the Council arising from matters associated with the report. 6. RISK MANAGEMENT AND GOVERNANCE ISSUES No implications 7. LEGAL APPRAISAL The determination of the application is within the Council’s powers as the Local Planning Authority. 8. OTHER IMPLICATIONS 8.1 EQUALITY & DIVERSITY Section 149 of the Equality Act 2010 states that the Council must, in the exercise of its functions “have due regard to the need to eliminate conduct that this prohibit by the Act, advancing equality of opportunity between people who share a protected characteristic and people who do not share it, and fostering good relations between people who share a protected characteristic and people who do not share it. For this purpose section 149 defines “relevant protected characteristics” as including a range of characteristics including age, disability, race and religion. In this particular case due regard has been paid to the section149 duty and is outlined in the report attached in appendix 1. Report to the Regulatory & Appeals Committee 8.2 SUSTAINABILITY IMPLICATIONS It is considered that the proposal meets the sustainability criteria outlined in established national and local policy. This is set out in the report attached in appendix 1. 8.3 GREENHOUSE GAS EMISSIONS IMPACTS The proposal provides an alternate to fossil fuels for the generation of electricity and also offsets greenhouse gas that would be produced at landfill sites if the waste was disposed of at landfill. The travel plan and utilisation of electric vehicles also contributes to a reduction in greenhouse gases. The report in appendix 1 gives due consideration to climate change impacts and greenhouse gas emissions. 8.4 COMMUNITY SAFETY IMPLICATIONS None 8.5 HUMAN RIGHTS ACT Articles 6 and 8 and Article 1 of the first protocol all apply (European Convention on Human Rights). Article 6 – the right to a fair and public hearing. The Council must ensure that it has taken its account the views of all those who have an interest in, or whom may be affected by the proposal. This is incorporated within the report forming Appendix 1. 8.6 TRADE UNION None. 8.7 WARD IMPLICATIONS None. 9. NOT FOR PUBLICATION DOCUMENTS None 10. RECOMMENDATIONS That planning permission is granted subject to a S106 agreement for continued funding of tree planting at East Riddlesden Hall and conditions as set out in the report attached as appendix 1. 11. APPENDICES Appendix 1 – The report of the Assistant Director of Planning, Transportation and Highways Report to the Regulatory & Appeals Committee 12. BACKGROUND DOCUMENTS National Planning Policy Framework 2012 National Planning Policy for Waste 2014 The Replacement Unitary Development Plan for the Bradford District 2005 Core Strategy Publication Draft Emerging Waste Development Plan Document Planning Application file 13/04217/FUL. Planning Application file 15/01381/FUL. Report to the Regulatory & Appeals Committee 16/06857/FUL Land East Of Former Gas Works Site Airedale Road Keighley Report to the Regulatory & Appeals Committee 9 February 2017 Appendix 1 Ward: Keighley East (ward 16) Recommendation: TO GRANT PLANNING PERMISSION subject to conditions and a S106 agreement for funding of tree planting at East Riddlesden Hall and conditions.
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