planning report D&P/2507b/01 18 February 2014 Plot 2, Sustainable Industries Park, North Choats Road, Dock in the London Borough of Barking & Dagenham planning application no.13/01134/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 a building incorporating 55m high stack and associated plant to be used as an energy generation facility to generate electricity from residual waste along with car parking, boundary treatment and landscaping.

The applicant The applicant is Thames Gateway Waste To Energy (TGW2E) Ltd, and the architect is CPMG Architects Ltd.

Strategic issues The use of the site to generate electricity from residual waste is strongly supported. Other issues assessed include; employment and training, 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 58 of this report; but that the possible remedies set out in that paragraph of the report could address these deficiencies.

Context

1 On 10 January 2014 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 20 February 2014 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.

page 1 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.”

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 via the Goresbrook Interchange and Choats Manor Way and Choats Road. Junction 30 of the M25 lies approximately 9 km to the east, whilst the North Circular /A406 lies approximately 5 km to the west. Dagenham Dock Rail Station is approximately 600m to the northeast. 6 The site is largely rectangular in shape, measures approximately 3.35 ha and is relatively flat. It is bounded to the east by Choats Manor Way, which links to the A13. To the immediate south of the site lies vacant land, for which planning permission has recently been granted for a 160,000 tonnes year anaerobic digestion facility (ref 13/00649/FUL). 7 The site has been cleared and levelled, landscaping implemented around the perimeter and an access road provided by the landowner, the Greater London Authority (GLA). The land benefits from an existing consent for an electricity generation facility granted in March 2011 (ref: 10/00287/LBBD). 8 The nearest residential properties are in Shaw Gardens, 350m to the north and Keel Close 950m west. The proposed Barking Riverside development is 500m to the west. 9 The A13 Ripple Road/Thames Gateway, approximately 1.3km north of the site, is the nearest section of the Transport for London Road Network (TLRN). The EL2 bus service between Ilford and Dagenham Dock stops outside the site on Choats Road. There are no other services within acceptable walking distance. The nearest railway station is Dagenham Dock, currently 1.4km away following Choats Road and Chequers Lane however funding has been secured for an extension of the (NCN) Route 13 to the rear of the site which will continue along the Gores Brook to Dagenham Dock station. As a result, 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 10 A full planning application has been submitted for the erection of a building incorporating 55m high stack and associated plant to be used as an energy generation facility to generate electricity from residual waste along with car parking, boundary treatment and landscaping. Case history

11 In 2011, a similar application was submitted and subsequently a planning permission was granted. The Mayor strongly supported the scheme (PDU/2507).

12 The current application is similar in principle to the approved development which is conversion of waste to energy. A difference in the technologies used has necessitated substantial changes in the design aspect of the scheme and the need for a new planning application.

page 2 Strategic planning issues and relevant policies and guidance

13 The relevant issues and corresponding policies are as follows:

 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

14 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 (with Alterations, 2013). 15 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, (2011).  The draft Further Alterations to the London Plan (FALP), January 2014 Land use & principle of development - Waste Management 16 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 Industrial 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. 17 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. 18 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.

page 3 19 Policy 5.17Bd and the text 5.85 of the draft FALP set out the minimum performance criterion known as the carbon intensity floor as 400 grams of CO2eq generated per kilowatt hour of electricity generated. The applicant has stated that the carbon intensity floor as –629g CO2/kWh, which is considerably below the required figure. However, this needs to be verified using the GLA’s spreadsheet tool in the calculations. 20 The applicant states that the proposals will have the capacity to deal with 180,000 tonnes of residual commercial and industrial waste that would otherwise be landfilled. Some 19 MW electricity/year will be generated of which 5MW, will be used to power the facility itself with the remaining 14MW exported to the grid; the power exported is sufficient to power approximately 32,000 homes for a year.

Schematics of the proposed energy generation processing facility: Source – applicant’s design & access statement

21 The gasification process as shown above converts the majority of the waste feedstock into gas (‘syngas’), which is used as a fuel to generate power in the form of electricity. The applicant has pointed out that additional power in the form of steam or hot water can also be produced and exported if there is a suitable end user although this will reduce the amount of electricity that can be generated. This is welcomed. However as the electricity production technique is a steam turbine, it should be procured with the necessary tapping in the casing to allow a bleed of steam to supply district heating heat exchangers, should this be feasible. The capacity of this tapping should also be stated. Ideally a suitable space should be reserved in the design to allow the installation of district heating plant, equipment and a safeguarded route for the network to the site boundary at some later date. This has been agreed with the Biossence plant in Havering (120,000 t/a) and the Viridor EfW plant (250,000 t/a) in Sutton. 22 The proposals are broadly consistent with London Plan policies 5.16 Waste self- sufficiency, 5.17 Waste capacity and the Mayor's Business Waste Strategy. The proposed development will make a significant contribution to both the Mayor’s waste and energy policies and targets. 23 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 LSIP 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 London Plan 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. 24 The principle of waste management on the site is strongly supported.

page 4 Urban design 25 The design and access statement states that the overriding constraint on the design has been the two lines of high voltage electricity cables running approximately east – west across the site. The southern line has a pylon on the site itself, whilst the northern line has a pylon immediately outside the site boundary. It is stated that discussions have taken place with National Grid with respect to the maximum allowable building heights and minimum distances required from the pylons and the cables. The need to maintain a minimum distance from the cables has also dictated the location of the 55m stack; it needs to be located centrally within the space between the two lines of cables.

Visual impact of the proposed development: Source: applicant’s submitted documents

26 It is accepted that there is limited flexibility with regards to the scale, size and layout, as the dimensions of the buildings are determined by their specific function. The building design is to a large extent, fixed by the technology proposed, and does not raise any strategic design concerns.

All London Green Grid

27 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.

page 5 28 The draft London Riverside OAPF supports and promotes the All London Green Grid (ALGG) Framework SPG 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. 29 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 SPG, the draft London Riverside opportunity area planning framework and supporting the ongoing regeneration of East London. 30 The draft London Riverside OAPF 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 Sustrans National Cycle Route 13, with associated green connections and improvements to open space and watercourses. 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 particular to project numbers 3.8.01 & 3.8.02 of Area Framework 3 – Thames Chase, Beam, Ingrebourne of the ALGG), in line with London Plan policies 2.18, 6.9, 6.10 and 7.5. The Council should secure this contribution through an appropriate condition. Inclusive access 31 The design and access statement states that the accessibility requirements of people with mobility difficulties have been considered and their requirements for access into all buildings, external entrances and open spaces have been taken into consideration in the scheme design from the outset. Level pedestrian access is provided into all buildings and has been designed to reflect the current building regulations and DDA standards for disabled access. A lift will be provided in the office building. All road junctions within the development will be provided with dropped kerbs and tactile paving as necessary, constructed to adoptable standards. 32 The scheme proposes eighteen car parking spaces and two of these spaces are allocated for Blue Badge holders, which is acceptable. However, this provision and the above proposed measures to embed inclusive design into the scheme should be conditioned. Employment & training 33 London Plan policy 4.12 Improving opportunities for all states that development proposals should support local employment, skills development and training opportunities. 34 The applicant has confirmed that once operational; the development will create 55 full time jobs. There will also be training opportunities for staff and TGW2E hopes to offer 5 to 6 apprenticeships each year in partnership with Barking and Dagenham College. This is welcomed. Sustainable development 35 The energy hierarchy applies only to the parts of the development that are treated and need to comply with Part L. The applicant has broadly followed the energy hierarchy. Sufficient information has been provided to understand the proposals as a whole. Energy efficiency standards 36 A range of passive design features and demand reduction measures are proposed to reduce the carbon emissions of the treated buildings within the proposed development. The development is estimated to achieve a reduction of 5 tonnes per annum (15%) in regulated CO2 emissions compared to a 2010 Building Regulations compliant development.

page 6 District heating 37 The applicant has considered the option of providing heat off-take facilities to allow the waste heat from the industrial process to be fed into a district heating network in the future, however they have stated that the industrial process is too efficient to make this feasible, as the only waste heat is low grade heat. The applicant needs to discuss this issue with the LSIP heat network designer at the GLA to agree the heat off-take provision and whether it is feasible. 38 If it is feasible to do so the applicant should design the system with off-take facilities and should provide details of how the system will be designed to make this possible. Details should include pressure and temperature levels at the take-off points and specification sheets for the system. The applicant should also provide information on how it is proposed that the waste heat will be fed into a district heating network and on the z ratio for heat to electricity generation. Combined Heat and Power (CHP) 39 The applicant has stated that a CHP Ready study will be carried out to comply with Environment Agency requirements. However, there’s no description of the provision. A more detailed description should be provided. Renewable energy technologies 40 The applicant is proposing to use air source heat pumps to meet the heating and cooling demand of the treated parts of the development. All electricity used will be generated on site via the waste to energy plant; it will therefore have near zero carbon emissions associated with it. Overall Carbon Savings 41 The applicant is not proposing to provide heat off-take facilities from the waste to energy plant. This is not supported and should be addressed in line with the comments above before the scheme can be referred as a stage 2 to the Mayor. Flood risk management 42 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 assessment 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. It 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. 43 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 drainage 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 44 London Plan policies 7.26 and 6.14 set 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, 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 Thames for trade and could provide further practical information.

page 7 Transport for London’s comments Highway impact 45 It is noted that this scheme represents a net decrease in expected HGV trips compared to the extant permission. As such, the proposed development is not expected to have an adverse impact upon local or strategic road network capacity. Vehicular access 46 Subject to the Council’s approval, the proposed vehicular access is considered acceptable, and TfL do not consider the access arrangements to have an adverse impact on the Transport for London Road Network (TLRN). Public transport 47 While the provision of a minibus shuttle service to and from Dagenham Dock station to promote the use of public transport would be welcomed, the applicant should be advised that there is sufficient capacity on existing local buses (route EL2) to serve the needs of the site. If the applicant does wish to provide a minibus service, a London Service Permit (LSP) will be required if passengers are charged for this service or if TfL infrastructure is used (i.e. the bus stops/stands at Dagenham Dock). The applicant is advised to contact TfL in advance of providing this service. Parking 48 The provision of 18 car parking spaces and 2 Blue Badge Spaces for this development is compliant with the relevant London Plan standards. TfL also welcomes the provision of 4 electric vehicle charging points and passive provision in a further 2 spaces. The applicant may wish to discuss with the landowner the use of additional cycle parking and electric vehicle charging points in the LSIP’s communal hub. Blue Badge parking and EVCPs should be secured by condition. 49 The provision of 20 cycle parking spaces for this development exceeds London Plan standards and is welcomed. Showers, lockers and changing facilities will also be provided. TfL requests that cycle parking and associated facilities are secured by condition. Travel planning 50 Owing to the increase in staff numbers compared to the extant consent from 35 to 55 staff in total, TfL welcomes the submission of a travel plan which aims to promote sustainable travel to and from the site. Whilst the travel plan is broadly compliant with TfL’s Travel Planning Guidance, interim targets should be derived from the baseline modal split of trips (for example, proposing to increase cycling mode share within a five-year period). This will enable the Council to determine the likely impact of the proposed development and to evaluate to what extent the impacts will be mitigated. For further information, please see TfL’s Travel Planning Guidance, available to view from this link: http://www.lscp.org.uk/newwaytoplan/travelplan_guidance.html. Once the travel plan has been finalised, it should be tested for compliance with this guidance using the ATTrBuTE tool. The travel plan and all agreed measures therein should be secured, enforced, monitored and reviewed as part of the s106 agreement. Construction, deliveries and servicing 51 In accordance with London Plan policy, 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 requests confirmation that measures will be put in place to fully contain airborne dust and debris from operations and vehicle movements. TfL welcomes the commitment to review the feasibility of transporting construction materials using the Thames, in accordance with London Plan policies 7.26 and 6.14, and details of this should be included in the CLP.

page 8 Community Infrastructure Levy (CIL) 52 The Mayor has introduced a London-wide Community Infrastructure Levy (CIL) to help implement the London Plan, particularly policies 6.5 and 8.3 toward the funding of Crossrail. The rate for Barking & Dagenham is £20 per square metre. The required CIL should be confirmed by the applicant and Council once the components of the development or phase have been finalised. Summary 53 The planning application is broadly compliant with the transport policies of the London Plan, however TfL requests that the travel plan is revised as outlined above and secured through the s106 agreement, a CLP reviewing the feasibility of using the Thames and DSP should be secured by condition and contributions towards Mayoral CIL will be required. The applicant is also advised to contact TfL in advance of providing a minibus shuttle service to and from Dagenham Dock station. Local planning authority’s position 54 Barking & Dagenham planning officers have yet to confirm their position. Legal considerations 55 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. 56 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 57 There are no financial considerations at this stage. Conclusion 58 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. However, 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 is strongly supported.  Employment & training: The applicant’s commitment towards employment and training is welcomed.  Design: There are no strategic design concerns. Green Grid issues should though be addressed.  Inclusive access: The proposed inclusive design measures should be conditioned.  Sustainable development: The provision of heat off-take facilities from the waste to energy plant should be addressed in line with the comments in the energy section of this report.

page 9  Flood risk management: The proposed mitigation measures should be secured.  Blue ribbon network: The applicant should consider maximising water transport for large loads and equipment, utilising the nearby wharf facilities during construction phase.  Transport: The travel plan should be revised as outlined above and secured through the s106 agreement, a CLP reviewing the feasibility of using the Thames and DSP should be secured by condition and contributions towards Mayoral CIL will be required. The applicant is also advised to contact TfL in advance of providing a minibus shuttle service to and from Dagenham Dock station.

For further information, contact: GLA Planning Unit (Development & Projects Team): Colin Wilson, Senior Manager – Development & Projects 020 7983 4783 email: [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email: [email protected] Tefera Tibebe, Case Officer 020 7983 4312 email: [email protected]

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