EEC/07/335/HQ Development Control Committee 28 November 2007

County Matter - Waste Disposal North District: Land at Former Power Station, Lower Yelland (a) The Completion of Capping of the Ash Beds (b) The Enlargement and Continuation of Use of Transfer Station Application Nos: 02/44587/2007 and 02/44588/2007 Date Applications received by County Council - 25 May 2007

Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that: (a) Application for the Completion of Capping of the Ashbeds (02/44587/2007) subject to a satisfactory contamination report being submitted within 14 days of the date of this committee meeting that planning permission be granted subject to conditions relating to, inter alia, temporary permission to December 2008, in accordance with plans, hours of work, use of silencers, no fixed plant, removal of badgers, capping materials, restoration, aftercare and management, and height of stockpiles. (b) Application for the Enlargement and Continuation of Use of Transfer Station (02/44588) subject to: (i) a satisfactory contamination report being submitted and the removal of the Environment Agency objection relating to the Flood Risk Assessment and contamination; and (ii) the application being first referred to the Government Office for the South West as a departure from the Development Plan and the Secretary of State deciding not to call in the application for her own determination; that the Director of Environment, Economy and Culture be authorised to grant planning permission for the development subject to conditions relating to inter alia, 5 year temporary permission, compliance with submitted plans, boundary treatment (to include details of fencing and timing for erection), height of stockpiles, implementation of mud/dust mitigation scheme, hours of operation, routing, erection of signs warning of cyclists, no direct retail sales, noise, removal of buildings, plant and stockpiles on cessation, no fixed plant without prior permission, hard surfacing, type of waste material, and bunding of oil tanks.

1. Summary

This report relates to the determination of two separate planning applications at the former Yelland Power Station, Lower Yelland, Barnstaple. The first is for the completion of the capping of the ashbeds, and the second is for the enlargement and continuation of use of the transfer station established as part of the capping operation.

2. Background

Both of the application sites form part of the former East Yelland Power Station site. This is located to the north west of Yelland, on the southern bank of the . The former power station site is a brown field site but lies within an environmentally sensitive location adjacent to the Taw-Torridge Estuary Site of Special Scientific Interest, the buffer zone to the UNESCO Biosphere Reserve, Burrows Special Area of Conservation and is close to the Area of Outstanding Natural Beauty, Heritage Coast and Coastal Preservation Area.

To the south of the site is an oil distribution centre and the Estuary Business Park, which provides a number of light industrial units. The lies immediately to the south of the ash bed site and crosses the access road to the transfer station. The South West Coastal Path encircles the former power station site to the east, north and south.

The coal fired power station was demolished in the 1980’s. In December 1998 the Committee approved an application (02/27/26209/98) for the reopening of the wharf, which formerly served the power station, for the export and import of minerals, together with the erection of associated warehouse facilities (Report ED/98/456/HQ). The life of this permission was effectively extended for 5 years by another permission granted in 2003 (02/27/36809/03). In 2006 a further application was made and permission was granted to allow for an amendment to the location and size of the storage/warehouse facilities (02/42289/2006).

In March 1999 the Committee resolved to grant a temporary five year permission (02/27/24672/97) for the capping of the former ash beds (Report ED/98/164/HQ). The capping was required to remediate the site following concerns expressed by local residents about contamination on the site. The concerns related to potential health problems occurring as a result of the asbestos within the ash beds and its appearance at the surface due to the activities of rabbits on the site.

Originally the proposed method of capping was to construct a rock/hardcore blanket covered by up to 7 metres of subsoil. This was later amended to reflect the requirements of the Environment Agency to use a suitable animal resistant geo-textile with a reduced covering of hardcore and subsoil of between 1 and 3 metres dependent on specific site conditions. As part of the permission the transfer station was established on the site adjacent to the ash beds, which enabled the sorting and processing of the imported inert waste.

A Section 106 Agreement, completed as a prerequisite to the 1999 planning permission, secured land for the construction of a footway/cycle path alongside the private road from its junction with the B3233 and the Tarka Trail and provision for the ongoing beneficial nature conservation management of the site. Subsequently the land for the cycle path was dedicated but it has not yet been constructed.

A further application was made in September 2002 to vary condition 16 attached to the 1999 planning permission (02/27/24672/97) to allow the export of processed materials from the site. The Committee resolved to refuse permission as it was considered that the removal of the condition would result in a lengthening of the time taken to complete the capping of the ash beds, to the detriment of the amenity of local residents and persons using the surrounding area for recreational purposes (Report ED/02/270/HQ and minute 156(i)).

A further application was made in 2004 to extend planning permission for the capping of the ash beds and the transfer station for a further three years, as the capping had not been completed. The Committee agreed to extend the temporary permission, but only for a further 2 years to 31 August 2006 (02/27/37228/04)(Report ED/04/166/HQ and minute 308 (c)). 3. The Proposals

(a) Application for the enlargement and continuation of use of the transfer station for inert waste

This application is for the retention of the transfer station on a permanent basis after the capping has been completed. The current transfer station site exceeds the area permitted by the original permission, as a large area of stock piles has developed. The planning application seeks to regularise this situation by extending the permitted area. It has been advertised as a departure from the Development Plan and the site is not identified for this use within the Adopted Devon County Waste Local Plan.

An area of 0.4 hectares would be used as the sorting and processing area, including crushing and screening. The current office and welfare building would be retained and an additional porta cabin office erected. Skips and containers would be available for sorted materials. This area would be concreted and fenced. A larger area of 2.2 hectares would be used for the storage of processed material (mainly crushed concrete). This area would also be fenced. The estimated number of lorry movements is 40 per day (20 in and 20 out). Proposed operating hours are 08.00 to 18.00 hours, Monday to Fridays, and 08.00 to 13.00 hours on Saturday.

(b) Application for the completion of capping of the ash beds

The current application for the completion of the capping has been made as the 2004 permission has expired and a small area of the site still requires capping. The applicants have been unable to complete the capping in this area due to the presence of a badger sett. They intend to relocate the badgers by creating a new sett off site and then apply to Natural for a licence to close the existing sett.

4. Consultations

North Devon District Council (Planning) – Indicates approval for both applications. The District Council considers that the proposed transfer station is an appropriate development on the site and that it would form an integral part of the proposed operations to screen, process and manage the importation of inert waste. The proposed capping of the ash beds would involve the use of inert waste, crushed stone and subsoil only.

North Devon District Council (Environmental Health) – No objection raised to either application. Having regard to the separation distance between the site and dwellings in the vicinity, it is satisfied that the developments would not significantly impact upon local amenity from an environmental health perspective.

Instow Parish Council - The Parish Council comments that any enlargement and continuation of this transfer station should be temporary to allow completion of the capping process and not beyond. Any extension beyond 2007 for the use of the transfer station would only make permanent an arrangement that was only ever intended to be temporary. It would seem that the application is to establish an extension to the transfer station that has already taken place.The land at Yelland Power Station is set aside in the North Devon Local Plan for industrial and recreational use and the transport issues are already established. It queries the appropriateness of the transfer station proposal given that the site is in the heart of the Taw/Torridge Estuary/Biophere.

As far as the application for the completion of the capping is concerned the Parish Council states that no extension should be granted beyond the end of 2007 and that a restoration and management plan should be drawn up to ensure that the recolonisation and ongoing maintenance of the tipped area is properly supervised. It comments that the site is classed as an amenity area and was always intended to be returned to public access after completion of the tipping.

Fremington Parish Council – Recommends that the application for the enlargement and continuation of use of the transfer station be refused on the grounds that the transfer station already exceeds the permitted area, and that the temporary consent was granted to assist in the capping of the ash beds.

The Parish Council recommends approval of the application for the capping of the ash beds. It strongly suggests that there should be a limit of six months for the completion of this work and that the site is developed into a wildlife area with an appropriate management plan.

Environment Agency - Recommends that the application for the transfer station is refused on the basis that a detailed Flood Risk Assessment (FRA) has not been submitted. The application site lies in an area of high flood probability ie Flood Zone 3a. A detailed FRA accurately identifying the level of risk and any measures required for managing the residual risk is required. A new waste management licence would be required for the enlargement of the site.

With regard to the application for the completion of the capping of the ash beds, the EA raises concerns about the lack of information on contamination in the site. It recommends that a revised assessment of the proposed remediation/capping works be undertaken with consideration of PPS23 and the Model Procedures for the Management of Land Contamination to ensure that the work is compliant with good practice. However, it also recognises that in the balance of interests, the Council may decide that it is preferable to ensure that the capping scheme is completed without delay and that it may not be appropriate for the Council to require a review of the land contamination at this stage. If this is the case, the EA will hold the position that should any further development or a change of use of the site be proposed, the EA would require that an assessment in accordance with PPS23 be undertaken. If a review is undertaken the applicant may wish to extend the assessment to the entire site. This would be beneficial from a technical point of view in assessing risks.

It should be noted that the applicants have agreed to supply a Contaminated Land Report, and the contents of this will be reported, if received in time for this meeting.

Natural England - Raises no objection to the application for the enlargement and continuation of use of the transfer station subject to the proposal being carried out in strict accordance with the details of the application. It considers that the proposal will not have a significant effect on the interest features of the Taw- Torridge Estuary SSSI.

No objection is raised to the application for the completion of the capping provided that that the recommendations of the badger report are adhered to, a full mitigation package is submitted and a licence to close the sett is obtained. Also the long term management of the site should be secured taking into account the following issues: removal of non-native species, management of scrub species, provision for Little Ringed Plover, landscaping including scrapes and pools, no nutrient rich soils and location within a priority area for biodiversity enhancement.

Natural England recommends that the North Devon Coast and Countryside service is consulted with regard to the Tarka Trail.

Taw Torridge Estuary Forum – It opposes the enlargement and continuation of use of the transfer station beyond 2007 on the following grounds:

• The transfer station was granted to service the capping of the ashbeds. • Only ever intended to be temporary. • Exportation of materials is not permitted. • The transfer station has already expanded beyond its licensed permission and the application for enlargement is purely to accommodate and legitimise the existing unlicensed curtilage of the site. • Relocation of the badger sett will be completed by 31 December 2007. • Site close to residential housing and business units and any increase in traffic, noise and dust would give rise to local opposition. • The prescribed route accesses and exits from the A39 at the Torridge Bridge – an accident blackspot. • The access road crosses the Tarka Trail and any increase in the volume of traffic would increase the danger to the public. • The site is adjacent to the Taw-Torridge SSSI and heart of the Biosphere Reserve. There are potential uses for the site that would be less intrusive into this most sensitive site. • There is an existing facility at Huish and therefore any use of the site at Yelland for this purpose is entirely unnecessary and should not be permitted.

The Forum raises no objection to the extension of the capping until the end of 2007, however the completion by 31 December 2007 should be rigorously enforced. They identify the following issues:

• Need for a restoration and management plan, to ensure re-colonisation and ongoing management of the site. • The ash bed site is classed as an amenity site and was always intended to be returned to public access following the completion of the capping. It is therefore important that public access to the site is now ensured. • The initial landscaping plans for the site involved an undulating environment – it should be ensured that the completed work on site reflects this requirement. • Vital that the completed landscape reflects the nature conservation and biodiversity aspirations of the Taw Torridge SSSI and the Buffer Zone of North Devon’s Biosphere Reserve.

RSPB – no comments received.

RMB Chivenor – no comments received.

Devon Wildlife Trust – no comments received.

North Devon Coast and Countryside

The impact of the waste transfer station on the Tarka trail is limited to the lorries that cross the trail on accessing the former power station site. Currently the presumption is that lorries have right of way. It is suggested that a scheme is put in place that reduces the risk to the cycleway and coast path users.

With regard to the application for the capping of the ashbeds, concerns are expressed that a management plan has not been produced that shows the final landscape and how it will be managed. It is understood that this was a condition of the Section 106 Agreement for the earlier application. No direct concerns are expressed about the extension of time. It is suggested that prior to any consent being awarded a firm statement is made on the end condition of the site and its management, which is favourable to users of the SW coast path, Tarka Trail and visitors to the area seeking wild landscapes.

5. Advertisement/Representations

This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures one letter including 2 press cuttings has been received from the chair of ‘Friends of Yelland Site’. One newspaper article raises concerns about the future of the former Yelland Power Station site when the current works are completed. It is suggested that an industrial use on the coast line is inappropriate and highlights the findings of the Marine Bill. The second article highlights the presence of badgers on the ash bed site and the need to protect them.

A copy of the letters of representation received will be displayed at the committee meeting.

6. Planning Policy Considerations

In considering this application the Waste Planning Authority is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise.

In this case the most relevant Development Plan policies are as follows:

Regional Planning Guidance for the South West: RPG10 (September 2001) : Policies VIS1 (Expressing the Vision); VIS2 (Principles for Future Development); SS3 (The Sub-Regional Strategy); EN1 (Landscape and Biodiversity); EN2 (Air Quality); TRAN1 (Reducing the Need to Travel); RE2 (Flood Risk); and RE5 (Management and Transportation of Waste).

Devon Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); CO1 (Landscape Character and Local Distinctiveness); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence); CO15 (Air Quality); CO16 (Noise Pollution); MN6 Secondary Recycled Materials; WM1 (Waste Management); and TO6 (Long Distance Recreational Footpaths and Cycle Routes).

North Devon Local Plan 1995 - 2011 (Adopted July 2006) Policies DVS1 (Design Principles and Aspects of Development Form); DVS2 (Landscaping); DVS3 (Amenity Considerations); DVS34 (Public Health and Safety); DVS5 (High Pressure Gas Main and Air Safeguarding Zone); DVS6 (Flooding and Water Quality); ENV8 (Biodiversity); ENV9 (International Nature Conservation Sites); ENV11 (Protected Species); TRA1A (Promoting Sustainable Transport Choices); TRA6 (General Highway Considerations); FRE4 (Redevelopment of Yelland Quay); and REC6 (Preventing the Loss of Open Space).

Devon County Waste Local Plan (Adopted June 2006) Policies WPC1 (Sustainable waste Management); WPC2 (Development Control Considerations); WPP4 (Consideration of Proposals at Sites not Allocated in the Plan); WPP6 (Sites of Special Scientific Interest and Natural Nature Reserves); WPP15 (Areas Not Covered By Specific Policy Designations); WPP17 (Water Resource Protection); WPP18 (Protection of Floodplain); WPP20 (Transportation of Waste); WPP21 (Road Transport); WPP22 (Health and Air Quality); WPP24 (Site Design and Appearance); WPP27 (Aerodrome Safeguarding); WPP30 (Waste Transfer Facilities); and WPP32 (Recycling of Inert Wastes).

Emerging Policy and Other Policy Documents, which may be regarded as a material consideration include:

The Draft Regional Spatial Strategy for the South West 2006-2026 (June 2006) Policies SD1 (The Ecological Footprint); SD3 (The Environmental and Natural Resources), Development Policy H (Re-using Land); SR43 (Barnstaple and ); ENV1 (Protecting and Enhancing the Regions Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV4 (Nature Conservation); CO1 (Defining the Coastal Zone), F1 (Flood Risk); RE9 (Air Quality); RE12 (Recycled and Secondary Aggregates); W1 (Provision of Waste Sites); and W2 (Waste Facilities and the Waste Hierarchy).

In preparing this report regard has been had of relevant National Planning Policy guidance and Statements, in particular PPS1 (Delivering Sustainable Development); PPS9 (Bio Diversity and Geological Conservation); PPS10 (Planning for Sustainable Waste Management); PPG13 (Transport); PPG20 (Coastal Planning); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise); and PPS25 (Development and Flood Risk).

7. Highway Considerations

The site and the Estuary Business Park are served by a private access road leading directly from the B3233. Lorries using the B3233 can directly join the A39 trunk road near Westleigh giving access to both Barnstaple and Bideford. The accompanying statement in the applications estimates 40 lorry movements per day (20 in and 20 out), which is at the same level permitted by the previous permission (02/27/24672/97). The existing junction of the private haul road and the B3233 is considered adequate.

Concerns over lorry movements to and from the existing capping operations have previously been raised by residents in Fremington and , but none have been made specifically in response to these two applications.

The Taw Torridge Estuary Forum has raised concerns about the effect of any increase in lorry traffic on users of the Tarka Trail. However, these applications do not propose an increase in the volume of traffic. In the event of planning permission being granted conditions could be used to ensure that lorry movements are restricted to current levels. Lorries currently have priority over the Tarka Trail and there are no warning signs about the presence of the cycle path and cyclists. The North Devon Coast and Countryside Service has requested that a scheme is put in place to reduce the risk to users of the Tarka Trail. If permission is granted a condition should be imposed to require improved signage thereby reducing the risk to users of the cycle way.

8. Sustainability Considerations

The continuation of the use of the transfer station would enable the recycling of waste material which is included in the waste hierarchy as being preferable to disposal. In the case of demolition waste, recycling is considered to be a sustainable option as this leads to the reuse of the processed waste. The site is well located between potential major sources of construction and demolition waste at Barnstaple and Bideford and would also be well placed to process the considerable quantity of waste that will arise when the former power station site is redeveloped.

The completion of the capping of the ash beds would allow for the whole site to be restored and improve the ecological benefit of the area.

9. Comments/Issues

The principal issues which are considered material to the determination of these applications are:

• Local Plan Policy context. • Flood risk. • Contamination. • Visual amenity and the impact of the developments on the landscape. • Ecological impact and the Taw –Torridge SSSI. • Noise. • Restoration and management of the ash bed site. • Temporary nature of the transfer station.

Local Plan Policy Context

The principle of providing waste recycling facilities is in accordance with national and regional policy in as much as guidance seeks to encourage sustainable waste management which includes recycling. Similarly Devon Structure Plan Policy WM1 seeks to encourage provision of waste management facilities for recycling. Whilst the application site for the transfer station is not identified in the Waste Local Plan. Waste Local Plan Policy WPP4 allows for the consideration of proposals at sites not allocated in the Plan, but which would contribute to the achievement of an integrated and sustainable waste strategy for the County.

North Devon Local Plan Policy FRE4 proposes that land at Yelland Quay is developed for industrial or quasi industrial uses that require a coastal location, recreational uses or energy generation uses, provided that that the following elements are proposed: public open space, improved access to the Tarka Trail, flood defence, measures to protect and enhance nature conservation interests, retention of jetties and measures to alleviate the contamination on the site.

The transfer station is a quasi industrial use but it is not a development/ use that is listed in PPG20 (Coastal Planning) as requiring a coastal location. However the application site is well placed between potential major sources of construction and demolition waste at Barnstaple and Bideford and could be seen as an acceptable departure should the facility be able to operate without significant environmental impacts.

The application for the completion of the capping is considered to be consistent with Waste Local Plan policy WPP25 in that it allows for the reclamation of the site for nature conservation.

Flood risk

The transfer station site lies in an area of high flood probability ie Flood Zone 3a. However, as the transfer station development is classified as ‘less vulnerable’ in PPS 25 it may be appropriate in this location. The Flood Risk Assessment that was submitted with the application did not adequately identify the level of risk and any measures required for managing any residual risk and therefore the Environment Agency recommended that the the application should be refused. Meetings have been held between the applicant and the Environment Agency and as a result the applicant is currently preparing a more detailed Flood Risk Assessment to the specification of the Environment Agency. Contamination

The Environment Agency has raised concerns about the lack of information about the contamination on both the ash bed site and the transfer station site. The original permission for the capping of the ash beds and the transfer station was granted prior to the publication of the guidance on contamination contained in PPS 23 (Planning and Pollution Control) and the Model Procedures for the Management of Land Contamination. An assessment of the contamination and the potential risks for both sites has now been requested from the applicant.

Visual amenity and the impact of the development on the landscape.

In terms of landscape character, the transfer station site is located within an area of former industrial land which already, to a limited extent, compromises the wider landscape character of the Taw Estuary. As such it can be maintained that whilst the transfer station does not enhance the landscape character of the Taw Estuary, neither does it have a significantly adverse effect.

As far as visual impact on the Tarka Trail to the south is concerned, this is largely screened by existing trees and planting. Mesh fencing is proposed on the southern boundary of the transfer station to provide additional screening. The transfer station is also clearly viewed from the that encircles the former power station site to the east, north and west. The stockpiles that are currently approximately 5 metres in height are particularly visible. Given the open character of the local landscape, it would be preferable to reduce the height of the stockpiles rather than introduce screen planting. If the Committee resolved to grant permission for the transfer station, the height of the stockpiles should be limited to 3 metres by condition.

Although the temporary fencing around the transfer site gives an impression of dilapidation, the application proposes new fencing around the entire site. Palisade fencing 2.4 metres high with a green screen would be erected on the southern boundary which is the most visible. Galvanised chain link fencing would be erected around the rest of the site which would improve the site visually and also ensure that all the operations are contained within the permitted area.

Ecological impact and the Taw –Torridge SSSI

Natural England considers that neither of the proposals would have a significant effect on the Taw Torridge Estuary SSSI. It recommends that if permission is granted for the continuation of the capping, that conditions should be attached to ensure the protection of the badgers. The applicant has submitted a scheme to exclude the badgers from the site by establishing a new sett off the site and luring the badgers to it. Natural England would only issue a licence to close the existing sett when it was satisfied that there were no badgers left there. It would not be possible to exclude the badgers before the end of the next closed season ie 30 June 2008.

Noise

The application for the waste transfer station included a noise statement. It concluded that the levels of noise at key receptors (Estuary Business Park, Tarka Trail, Shoreline and nearest houses) were within acceptable levels. The District Council’s Environmental Health section is satisfied that given the distance between the site and dwellings that there would be no significant impact upon local amenity. Restoration and management of the ash bed site

Critical to the success of the capping operation is the successful restoration and management of the site. The original restoration scheme as approved by permission 02/27/24672/97 sought to recreate the landscape of Braunton Burrows with dune type profiles up to 7 metres in height and to create a range of semi-natural and species-rich grassland communities, from dry, well drained swards through to damp or waterlogged slack communities and associated scrub and tree cover. To reflect the requirements of the Environment Agency the height of the infill was subsequently reduced to a maximum height of 3 metres.

Part of the ashbed site that has already been capped still requires some final restoration and contouring to ensure that the final landform is in keeping into the surrounding landscape. Natural England have requested that the long term management of the site should take account of the removal of non-native species, management of scrub species and provision of a habitat suitable for the Little Ringed Plover.

Instow Parish Council and the Taw–Torridge Estuary Forum have both commented that the site was always intended to be restored for public access and that this should still be the case. However, this is a misconception as it has always been the intention to restore the site to nature conservation, but not with public access.

The Section 106 Agreement and conditions attached to permission 02/27/2467/97 required the submission of schemes for the restoration of the site for nature conservation and aftercare. The applicants have submitted a Site Management Plan to comply with these conditions, however it lacks the required detail and amendments are required to ensure that the site is restored to a satisfactory standard. Although the applicant has previously been reluctant to provide this scheme, they have now had discussions with the County Ecologist and are now willing to do so. It is felt that if permission is granted that the satisfactory restoration of the site could be achieved by condition.

Temporary nature of the transfer station site

Instow and Fremington Parish Councils and the Taw-Torrigde Estuary Forum have all objected to the continuation of the transfer station on the basis that it was only ever granted permission to enable the capping of the ash beds. Instow Parish Council query the appropriateness of the transfer station given its position in relation to the Taw-Torridge Estuary and the Taw-Torridge Estuary Forum suggest that there are potential uses that would be less intrusive in this most sensitive site. These concerns can be understood, however given the current state of the power station site as a whole, it could not be said that the transfer station has a significant adverse effect.

The applicant would like to see the complete redevelopment of the site possibly as a marina for tourism and he has had discussions with North Devon District Council, so that the long term development of the site can be taken forward through the North Devon Local Development Framework. If the former power station site as a whole was redeveloped then there would be a need for a facility to process the considerable quantity of waste that would arise from the site.

10. Reasons for Recommendation/Alternative Options Considered

The original permission for the capping of the ashbeds was granted to prevent the health hazard of asbestos rising to the surface of the ashbeds. The capping would already have been completed if the badger sett had not been discovered. If permission is not granted the site will remain partially uncapped and the health hazard associated with the asbestos will remain and the site un-restored. It is considered that permission should be granted for a further 12 months to ensure that the badgers can be relocated and the capping and restoration completed. An additional 12 months are required as it would not be possible to exclude the badgers before the end of the next closed season ie 30 June 2008.

In relation to the application for the enlargement and continuation of use of the transfer station, it is considered that a temporary 5 year permission be granted, in order to enable, inter alia, the completion of the capping. In the absence of any other proposal for the development of the whole of the power station site it would provide a beneficial facility for recycling and storing inert wastes. Edward Chorlton

Electoral Divisions – Fremington Rural.

Local Government (Access to Information) Act 1985 and Local Government Act 1972

List of background Papers

Contact for enquiries: J. Reffell

Tel No: 01392 382383

Background Paper Date File Ref Casework file current 02\44588\2007 Casework file current 02\44587\2007

jr160807dca sc/former yelland power station 5 hq 211107