HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE LIST OF APPLICATIONS DETERMINED BY THE CHIEF PLANNER UNDER THE SCHEME OF DELEGATION CASE NUMBER: 20/02298/HSC WARD: Bishop Monkton & Newby CASE OFFICER: Mike Parkes DATE VALID: 26.06.2020 GRID REF: E 438951 TARGET DATE: 21.08.2020 N 466121 REVISED TARGET: 30.10.2020 DECISION DATE: 30.10.2020 APPLICATION NO: 6.63.3.AS.HSC LOCATION: Reed Boardall Cold Storage Limited Bar Lane Roecliffe York North Yorkshire YO51 9NN PROPOSAL: Hazardous Substances Consent application for a Biomethane Refuelling Station APPLICANT: Gasrec Ltd APPROVED subject to the following conditions:- 1 The hazardous substances shall not be kept or used other than in accordance with the particulars provided on the application form, nor outside the areas marked for storage of the substances on the plans which formed part of the application, specifically Drawing Number GR1088/02/02 dated 9 June 2020. 2 The storage of the additional Hazardous Substances can only be implemented on site once an appropriately related development which has been constructed and implemented in strict accordance with a planning permission for the same. Reasons for Conditions:- 1 In the interest of health and safety. 2 To ensure the safe and appropriate storage of the hazardous substances in the interests of health and safety. INFORMATIVES 1 Planning (Hazardous Substances ) Act 1990 Section 29 Health and Safety requirements (1)Nothing in— (a) any hazardous substances consent granted or deemed to be granted or having effect by virtue of this Act; or (b) any hazardous substances contravention notice issued under section 24, shall require or allow anything to be done in contravention of any of the relevant provisions or any prohibition notice or improvement notice. (2) To the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void. (3) Where it appears to a hazardous substances authority who have granted, or are deemed to have granted, a hazardous substances consent or who have issued a hazardous substances contravention notice that the consent or notice or part of it is rendered void by subsection (2), the authority shall, as soon as is reasonably practicable, consult the safety regulator with regard to the matter. (4) If the safety regulator advises the authority that the consent or notice is rendered wholly void, the authority shall revoke it. (5) If the safety regulator advises that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative. (6) In this section— "improvement notice" means a notice served under section 21 of the Health and Safety at Work etc. Act ("the 1974 Act") or given under paragraph 3 of Schedule 8 to the Energy Act 2013 ("the 2013 Act"); "prohibition notice" means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act; "relevant provisions" means— (a) the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and (b) the relevant statutory provisions within the meaning of the 2013 Act other than— (i) the provisions of the Nuclear Safeguards Act 2000; and (ii) any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes. 2 The Environmental Permitting (England and Wales) Regulations 2016 require a permit to be obtained for any activities - on or within within 8 metres of a main river (16 metres if tidal) - on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal) - on or within 16 metres of a sea defence - involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert - in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it's a tidal main river) and you don't already have planning permission For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities- environmental-permits or contact our National Customer Contact Centre on 03708 506 506. 3 The North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority will make further comment in relation to the suitability of proposed fire safety measures at the time when the building control body submit a statutory Building Regulations consultation to the Fire Authority. CASE NUMBER: 20/02860/FUL WARD: Bishop Monkton & Newby CASE OFFICER: Mike Parkes DATE VALID: 18.08.2020 GRID REF: E 438951 TARGET DATE: 13.10.2020 N 466121 REVISED TARGET: 30.10.2020 DECISION DATE: 30.10.2020 APPLICATION NO: 6.63.3.AT.FUL LOCATION: Reed Boardall Cold Storage Limited Bar Lane Roecliffe YO51 9NN PROPOSAL: Installation of a Bio Liquified Natural Gas Refuelling Station APPLICANT: Gastrec Ltd APPROVED subject to the following conditions:- 1 The development hereby permitted shall be begun on or before 30.10.2023. 2 The development hereby approved shall be carried out in strict accordance with the following approved plans as modified by the further conditions of this consent: Drawing No. GR1105/01/03 - General Arrangement Drawing No. GR1105/01/05 revision D - Elevations 3 There shall be no piped discharge of foul water from the development prior to the completion of foul water drainage works , details of which will have been submitted to and approved by the Local Planning Authority. The information shall include details of mitigating the risk of pollution to the local watercourse via the proper handling and disposal of hazardous materials , and agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker . 4 Any liquid storage tanks should be located within a bund with a capacity of not less than 110% of the largest tank or largest combined volume of connected tanks. 5 Two long-lasting professional quality bat boxes and two professional quality bird box shall be emplaced at height on nearby trees, away from direct sources of light, prior to the first operation of the refuelling station and thereafter maintained. Reasons for Conditions:- 1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 For the avoidance of doubt and in the interests of proper planning. 3 To ensure that no foul water discharges take place until proper provision has been made for its disposal. 4 To ensure that there are no discharges to the public sewerage system which may injure the sewer, interfere with free flow or prejudicially affect the treatment and disposal of its contents. 5 To provide biodiversity enhancement. INFORMATIVES 1 The council requires all developments to be designed to reduce both the extent and the impacts of climate change; it will promote zero carbon development and encourage all developments to meet the highest technically feasible and financially viable environmental standards during construction and occupation. All developments are required to reduce carbon dioxide emissions through the following sequence of priorities, as set out in the energy hierarchy: i. Energy reduction; then ii. Energy efficiency; then iii. Renewable energy; then iv. Low carbon energy; then v. Conventional energy. 2 The site owner should look to implement the ecological improvements recommended in the submitted Ecological Impact Assessment of ceasing to spray with glyphosate and the planting up the wooded boundaries with native shrubs and meadow mix 3 Northern Gas Networks consider there may be apparatus in the area that may be at risk during construction works and require the promoter of these works to contact them directly to discuss their requirements in detail. Should diversionary works be required these will be fully chargeable. Northern Gas Networks Limited 1st Floor 1 Emperor Way Doxford International Business Park Sunderland SR3 3XR Customer care: 0800 040 7766 4 Northern Powergrid advises that great care be taken and all overhead lines must be assumed to be live. The Health & Safety Executive publication, GS6 ‘Avoidance of danger from overhead Electric Lines that you should be aware of if your work is near overhead power lines. Further Health & Safety Executive publication HS(G)47 "Avoiding Danger From Underground Services" emphasises that: - Plans must only be used as a guide in the location of underground cables. The use of a suitable cable-tracing device is essential and careful hand digging of trial holes must be carried out to positively identify and mark the exact route of the cable. You should also bear in mind that a cable is unmistakably located only when it has been safely exposed. - Cable depths are not generally indicated on their records and can vary considerably even when shown. - Great caution must be exercised at all times when using mechanical plant. Careful trial digging should always be carried out on the whole route of the planned excavation to ascertain no cables exist. Both of these Health & Safety Executive documents provide comprehensive guidance for observance of statutory duties under the Electricity at Work Regulations 1989 and the Health & Safety at Work Act 1974. Northern Powergrids provision of records is based upon the assumption that people using them will have sufficient competence to interpret the information given. Any damage or injury caused will be the responsibility of the organisation concerned who will be charged for any repairs. Please note ground cover must not be altered either above Northern Powergrid cables or below overhead lines, in addition no trees should be planted within 3 metres of existing underground cables or 10 metres of overhead lines. All Northern Powergrid apparatus is legally covered by a wayleaves agreement, lease or deed or alternatively protected under the Electricity Act 1989.