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Regulatory Planning Committee Date Agenda Item No.6A Committee: Regulatory Planning Committee Date: 22 September 2010 Report by: Head of Planning Proposal: Construction of transformer housing and provision of additional landscaping area to north-eastern boundary for the Newhaven ERF Site Address: North Quay Road, Newhaven Applicant: Veolia ES South Downs Ltd Application No. LW/641/CM Key Issues: (i) Purpose of development (ii) Effect on landscape (iii) Effect on public footpath Contact Officer: Jeremy Patterson, Tel. No. – 01273 481626 Local Member: Councillor Pat Ost SUMMARY OF RECOMMENDATIONS 1. To grant planning permission subject to conditions, as set out at paragraph 8.1. CONSIDERATION BY HEAD OF PLANNING 1. The Site and Surroundings 1.1 The site of the Newhaven Energy Recovery Facility (ERF) is about 4.74 hectares in area and the development is currently under construction. It is located at the northern end of the North Quay Industrial area adjacent to the River Ouse. The Seaford to Lewes Railway line runs to the east of the site and an industrial area, together with the residential areas of South Heighton and Denton, lie beyond. Newhaven Town is located to the south and south- west of North Quay. Land to the west of the ERF beyond the river is open and land to the north is within the South Downs National Park (SDNP). Public Footpath Newhaven 24 skirts the north-eastern boundary of the site. 1.2 The application site comprises a largely linear area of 0.14 of a hectare along the north-eastern side of the ERF site. This area includes land both within the permitted boundary of the ERF facility and a strip of adjoining land between that boundary and the existing fence which borders the public footpath. The site has currently been subject to earthworks and construction 23 of the transformer housing has commenced with the development of the metal reinforced cage. 2. Site History 2.1 Planning permission (reference LW/462/CM(EIA)) was granted for the ERF in November 2007, subject to conditions and following the completion of a legal agreement. Details pursuant to relevant conditions have been, and are continuing to be, discharged. This permission included works for a landscaped bund along the north-eastern side of the site for both flood defence and screening purposes and showed the transformer to be located on the eastern boundary adjacent to the storage bays. 3. The Proposal 3.1 Due to the commencement of works on the transformer housing, the proposal is for part retrospective planning permission and comprises two elements: (i) the siting of a 33kV transformer and open topped housing structure within the perimeter bunding of the site to the north east of the main ERF building and at the northern end of the parking/circulation area. This is within the boundary of the existing ERF planning consent. The transformer equipment would be located within an unroofed structure measuring 8.25 metres by 9 metres. The walls would be constructed of concrete with a height of 5 metres from the base of the structure and would be set within the landscaped bund; and (ii) the provision of an additional landscaped strip between the north-eastern boundary of the site as currently permitted and the adjacent public footpath, involving earthworks, extensive planting and a new boundary fence. 4. Consultations and Representations 4.1 Lewes District Council raises no objections. 4.2 Newhaven Town Council raises objections on the grounds that: (i) it should not be necessary for additional applications to arise in connection with the ERF development before it has been built, as it is evidence that that the original plans were not adequately thought out; (ii) the Town Council had previously noted that no provision had been made to connect the ERF to the National Grid, thereby making it impossible for energy to be recovered and that the current application has arisen because this issue was not addressed at that time; and (iii) the ERF is surrounded on three sides by the SDNP and insufficient attention has been paid to its impact on views from the Park and town. While the Town Council welcomes additional landscaping it considers that more should be provided on all sides of the site. 4.3 South Heighton Parish Council has not submitted any observations. 4.4 Environment Agency raises no objections. 24 4.5 The Shadow South Downs National Park Authority raises no objections, although considers whether there is an opportunity for the proposals to include a contribution towards re-surfacing and widening the section of the footpath adjacent to the application site, together with the creation of gaps in the hedgerow. A condition is requested regarding the proposed species to be planted. 4.6 South Downs Society raises no objections, although notes that it is surprised that an amendment to previously approved plans is required and that there should have been some certainty over the transformer’s location from the outset. The Society notes that the re-siting of the transformer may make it less apparent as it would be set against the main building. The maintenance of the proposed planting should continue beyond the quoted establishment period and should be conditioned. 4.7 Representations: The Ramblers’ Association supports the application. Two representations raise objections: one objector from Newhaven largely discusses health issues and the ERF and the other from Seaford objects for the following reasons: further applications relating to the ERF should not be necessary; the applicant should pay for all additional costs; all landscaping is welcome and there should be more, although it would not make the ERF acceptable; & the ERF will result in health problems, inconvenience and environmental degradation. 5. The Development Plan policies of relevance to this decision are: 5.1 East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (strategy); WLP6 (extensions and alterations to existing facilities); WLP9 (ERF at Newhaven); WLP35 (amenity). 5.2 Lewes District Local Plan 2003: Policy ST3 (design, form & setting). 6. Considerations (i) Purpose of development 6.1 The purpose of the development is twofold: (i) to accommodate the transformer in a suitable location following the requirements of the electricity utility company and (ii) to provide for an area of landscaping, incorporating a bund with planting along the north-eastern boundary of the ERF site, so as to conceal the transformer from public viewpoints, enhance the environment in relation to the adjoining public footpath and SDNP and maintain flood defences. The landscaped bund has, in principle, already been approved under permission LW/462/CM(EIA), although the current application includes additional land and revised gradients to accommodate the transformer. 6.2 The applicant has noted that the original location of the transformer, which was shown on the approved drawings under permission LW/462/CM(EIA) was an interim one, as the detailed requirements of the energy utility company were not known at the time. It was only at a later stage 25 that the energy company indicated that there was one acceptable point of access to the site for the main cable route, which was from open land to the north-east of the site. The applicant has stated that this entry point is not well related to the original transformer position and to connect to that point would have required major changes to the approved drainage layout and underground servicing arrangements. Consequently, this would have required substantial, additional engineering work and the use of resources, thereby having major adverse implications in terms of the sequencing of work for the ERF. Therefore, in considering these circumstances, the proposed location would appear to be the most suitable in relation to the requirements of the energy utility company and in minimising adverse effects on the overall development of the ERF and any consequent effects on the local community. 6.3 Furthermore, the re-location of the transformer has also been considered in terms of the inter-relationship between the development and its setting. Although the location of the transformer is extremely constrained within the ERF site, the proposals for the landscape treatments have been adaptable. As a consequence, the evolution of the proposals for the bunding and the new planting have been undertaken with particular reference to, and understanding of, the local character of the landscape. 6.4 The ERF has planning permission and its construction is well underway. The proposal for the transformer and landscaping bund combines both necessary development with enhanced landscaping, benefiting the overall ERF scheme and the surrounding area. As such, the application is supported by relevant Waste Local Plan policies (Policy WLP1, in relation to the overall strategy in managing waste, Policy WLP9 in relation to the ERF and Policy WLP6 in terms of extensions and alterations to existing facilities). (ii) Effect on landscape 6.5 The approved details relating to permission LW/462/CM(EIA) include extensive proposals for the landscaping of the site, which involved the consideration of the effect on the Sussex Downs Area of Outstanding Beauty, now the SDNP. The current proposal seeks to enhance the extent of the north-eastern landscaped area of the ERF by including a strip of land between the existing permitted boundary and the public footpath, together with more extensive planting within the existing site and a new weldmesh boundary fence. This approach accords with Policy WLP35 of the Waste Local Plan and Policy ST3 of the Lewes District Local Plan 2003. It also accords with Planning Policy Statement 7 – Sustainable Development in Rural Areas – in seeking to protect the landscape of the SDNP. 6.6 The applicant has sought to carefully position the transformer into the earth bund and to improve and extend the surrounding land profiles.
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