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Agenda Item No. 10 AGENDA ITEM NO. 10 MAIN CASE Proposal: Application under Section 73 of The Town and Country Planning Act 1990: Variation of condition 28 planning application E/95/0897/FUL - "Requirement to provide for covered loads (straw) into the station" Location: EPR Elean Power Station Elean Business Park Sutton Ely Cambridgeshire CB6 2QE Applicant: EPR Elean Power Station Agent: Reference No: 09/00027/VAR Case Officer: Jacqueline Harding Parish: Sutton Ward: Sutton Ward Councillor/s: Councillor Read Councillor Peter Moakes Date Received: 15 January 2009 Expiry Date: 12 March 2009 [H401] 1.0 EXECUTIVE SUMMARY 1.1 When the Elean Straw Burning Power Station was first granted approval, there was a concern regarding the transportation of the straw to the site, both in relation to the routes through nearby villages, and the fact that material from the lorries can be blown onto the roads. To meet this concern, a condition (28) was attached to the permission that required:- “The plant shall not be commissioned until a scheme for covered loads and the containment of windblown straw (and other fuel matter) has been submitted to and agreed in writing by the Local Planning Authority,” and a Section 106 was drawn up, inter alia, to monitor straw debris for twelve months and attempt to achieve a routing agreement together with the covering of loads. 1.2 In practice, neither the condition nor the Section 106 has been found to be robust in achieving its objective. It is important that any condition is in compliance with Circular 11/1995, and is enforceable. As a result of consultation with County Highways, and taking into account Health and Safety matters, the variation of the condition can reasonably be met by the substitution of two new conditions that require the operators Agenda Item 10 – Page 1 of the site to carry out certain actions and record them. It is not appropriate to have a routing agreement as it would not be enforceable. 1.3 The operator of the site has undertaken to minimise any adverse effects of straw transportation in the locality, and regular communication is maintained with the local communities. 1.4 As a result of extensive consideration of the various issues, the inclusion of the two proposed conditions would seem to be the most effective means of controlling the transport of straw, and accordingly is recommended for APPROVAL. 2.0 THE APPLICATION 2.1 The application seeks to vary condition (28) of planning permission reference 95/00897/FUL which reads as follows:- The plant shall not be commissioned until a scheme for covered loads and the containment of windblown straw (and other fuel matter) has been submitted to and agreed in writing by the Local Planning Authority. 3.0 THE APPLICANT’S CASE 3.1 The Applicant’s case is submitted as Appendix 1. 4.0 THE SITE AND ITS ENVIRONMENT 4.1 The Power Station is situated within the Elean Business Park close to the roundabout on the A142. 5.0 PLANNING HISTORY 5.1 95/00897/FUL Straw burning renewable energy Approved 10.06.1996 plant and associated engineering and landscape works 6.0 REPLIES TO CONSULTATIONS Cllr Pauline Wilson Please find my comments for the planning application E/95/0897/F. I would like to ask that ECDC when looking at the application for the Elean Power Station’s change of conditions regarding netting of the straw lorries, will put in place a condition that the lorries do not travel through the villages of Wilburton and Haddenham. Agenda Item 10 – Page 2 In the past we have had lorries coming through our villages unnetted and leaving behind trails of straw and particularly where the loads are catching on the trees. The village looks a mess, as there are always trails of straw everywhere. In people’s gardens, drives and blocking the highways drains and causing flooding. Residents are really fed up with this constant problem. This is totally unacceptable, the straw lorries that have travelled up the A10, should stick to the A10 and go round by the A142 to Sutton and not come through the villages. They do not only come into Haddenham from the east, but also from the west along the A1123, all negotiating the narrow crossroads from both directions. We accept if the straw is being moved from Aldreth then obviously that has to come through Haddenham. Straw litter from these lorries should be swept up as an additional planning condition. No other straw lorries should come through Haddenham. If you are going to agree this revised planning application of allowing no netting of the straw lorries, please make it a planning condition that they do not come through Haddenham. Wilburton Parish Council Express concerns in relation to the application stating that whilst they understand the health and safety issues raised, alternative methods of netting loads, using curtain sided lorries or plastic covering of straw before loading should be included in the application. Sutton Parish Council Full discussion took place on this proposal. Concern was expressed at the amount of straw debris resulting from deliveries to the straw burning plant. Whilst accepting that there were health and safety issues with the method of netting previously employed, it was felt the onus was on EPRE to ensure that their contractors used a safer method of netting the straw loads, for example by using mechanical hoist platforms or cherry pickers, and further investigations should be made by EPRE as to appropriate methodology. The Committee unanimously resolved that the application for removal of this condition should be refused. It was noted that in the supporting documentation from EPRE reference was made to a re-routing scheme, however it was noted that the current application was for a variation regarding the requirement to provide for covered loads (straw) into the station. Further information regarding the re-routing arrangements would be sought. Haddenham Parish Council Express concerns in relation to the proposal stating that a condition must be applied to the planning permission to comply with the routing plan for the A10 and A142. Agenda Item 10 – Page 3 Representatives from the power station have promised the Parish Council that they will advise the Clerk which picking up from local farms and any mess caused from these local collections will be cleaned up by members of staff from the power plant. County Council Highways State that it is believed the two suggested conditions embody the spirit of what was intended in the original consent with regard to route-ing. The highway network is generally available for the public to "pass and re-pass" and it is considered that any more stringent conditions could be considered unreasonable, bearing in mind the variety of journey origins delivering to the Straw Burning Plant and the freedom available to hauliers for other clients. The reason for the clause is, as is stated, for residential amenity and not for highway safety or access reasons. With regard to netting, the Police and Traffic Commissioners have enforcement powers to take action against hauliers with insecure loads. Nevertheless, the police would ideally like a condition requiring netting if possible. District Councils legally have the duty for street cleansing/road sweeping it could be the case that colleagues may wish to see this condition retained for amenity purposes. Nevertheless, the dilemma in coming up with an acceptable condition is appreciated since it is the hauliers that need to take action not the Straw Burning Plant itself. Environmental Services Waste and Recycling Officer Rural roads are routinely mechanically swept approximately every month. In the event of a major spillage the sweeper could be diverted to deal with it, but this can't happen for minor routine spills as it would disrupt cleansing routines for the whole district. In the event of a major spillage Veolia could invoice direct for work carried out if the person responsible could be identified and agreed to pay. 7.0 THE PLANNING POLICY CONTEXT 7.1 East Cambridgeshire District Local Plan 2000 1 The guiding principles that underpin the policies within the Plan. 2 Promotion of sustainable communities 29 Refusal for development having an adverse effect on residential amenity. 34 Sustainable development. 7.2 Regional Spatial Strategy – East of England Plan T8 Local Roads 7.3 National Planning Policy Circular 11/95 - Use of conditions in planning permission Agenda Item 10 – Page 4 8.0 PLANNING COMMENTS 8.1 The main issue in the consideration of this application is to seek the application of a condition, or conditions, which are effective and capable of being enforced. 8.2 When the Elean Straw Burning Power Station was first granted approval, there was a concern regarding the transportation of the straw to the site, both in relation to the routes through nearby villages, and the fact that material from the lorries can be blown onto the roads. To meet this concern, a condition (28) was attached to the permission that required:- 8.3 “The plant shall not be commissioned until a scheme for covered loads and the containment of windblown straw (and other fuel matter) has been submitted to and agreed in writing by the Local Planning Authority.” 8.4 There is, however, great difficulty in monitoring and enforcing the condition as the problem is occurring on the public highway and the source of the debris may not therefore always be attributable to the applicant. Additionally, it is an offence under the Road Traffic Act 1991(Section 40A d) to use a vehicle and or trailer on the road when the weight, position or distribution of its load, or the manner in which it is secured, is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
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