Three Nooks Farm, Horton: Phase 2A
Planning Statement
RSK/M/41396-03-02
AUGUST 2014
Project No.: RSK/M/P41396
Title: Three Nooks Farm Phase 2A – Planning Statement
Client: Seven Star Natural Gas Limited
Date: 29 August 2014
Office: Manchester
Status: Final
Author Stephen Price Technical reviewer Wendy Hogben
Date: 29 August 2014 Date: 29 August 2014
RSK (RSK) has prepared this report for the sole use of the client, showing reasonable skill and care, for the intended purposes as stated in the agreement under which this work was completed. The report may not be relied upon by any other party without the express agreement of the client and RSK. No other warranty, expressed or implied, is made as to the professional advice included in this report. Where any data supplied by the client or from other sources have been used, it has been assumed that the information is correct. No responsibility can be accepted by RSK for inaccuracies in the data supplied by any other party. The conclusions and recommendations in this report are based on the assumption that all relevant information has been supplied by those bodies from whom it was requested. No part of this report may be copied or duplicated without the express permission of RSK and the party for whom it was prepared. Where field investigations have been carried out, these have been restricted to a level of detail required to achieve the stated objectives of the work. This work has been undertaken in accordance with the quality management system of RSK
Seven Star Natural Gas Limited Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02 Three Nooks Farm: Phase 2A
1 INTRODUCTION 1.1 Background ...... 3 1.2 The Applicant ...... 3 1.3 Need for the Development ...... 4 1.4 Purpose of Report ...... 4 2 APPLICATION SITE 2.1 Location ...... 6 2.2 Current Status ...... 6 2.3 Planning History ...... 7 2.4 Pre-application Consultation ...... 10 3 THE PROPOSED SCHEME 3.1 Site Boundary and Layout ...... 12 3.2 Proposed Scheme Design and Key Components ...... 12 3.3 Construction Routes, Access and Parking ...... 13 3.4 Preparatory and Enabling Works ...... 14 3.5 Construction Operations and Site Activity ...... 15 3.6 Construction Management ...... 16 3.7 Site Demobilisation ...... 17 3.8 Site Restoration, Landscaping and Aftercare ...... 17 3.9 Operational Security and Maintenance ...... 18 3.10 Operational Lifespan ...... 18 3.11 Project Programme and Timescales ...... 18 3.12 Vehicle Types and Movements ...... 20 4 DEVELOPMENT PLAN 4.1 Introduction ...... 21 4.2 Staffordshire and Stoke-on-Trent Minerals Local Plan ...... 21 4.3 Staffordshire Moorlands Core Strategy Development Plan Document ...... 22 5 OTHER MATERIAL CONSIDERATIONS 5.1 Introduction ...... 23 5.2 National Planning Policy Framework / Planning Practice Guidance ...... 23 5.3 EN-1: Overarching National Policy Statement for Energy ...... 23 5.4 Draft Minerals Local Plan for Staffordshire ...... 24 5.5 Other Documents ...... 24 6 POLICY ASSESSMENT 6.1 Introduction ...... 25 6.2 Energy Generation ...... 25 6.3 Green Belt ...... 25 6.4 Landscape and Visual ...... 26 6.5 Noise 28 6.6 Air Quality ...... 28 6.7 Ecology ...... 29 6.8 Traffic and Transport ...... 30 6.9 Archaeology and Cultural Heritage ...... 31
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6.10 Geology and Hydrology ...... 31 7 PLANNING BALANCE
APPENDIX 1: POTENTIAL CABLE CONNECTION ROUTE APPENDIX 2: PRIMARY ROUTE FOR CONSTRUCTION VEHICLES APPENDIX 3: PUBLIC RIGHT OF WAY SIGNAGE
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1.1.1 Seven Star Natural Gas Limited (“the applicant”) is seeking planning permission for a proposal to harness and utilise underground methane gas to generate electricity at Three Nooks Farm in Horton, Leek (“the site”). As the proposals constitute a minerals development, the consenting planning authority is Staffordshire County Council (SCC). The local planning authority is Staffordshire Moorlands District Council (SMDC).
1.1.2 The proposed development forms Phase 2A of planned operations at the site. Details of Phase 1 are contained in planning application ref: SM.11/18/161 M, which SCC granted planning permission in April 2012, and which has been implemented on site by the applicant. The relationship between Phases 1 2, and 2A of the project is described in Section 2.3 of this document.
1.1.3 The applicant has instructed RSK Environment Ltd (“RSK”) to co-ordinate the planning application for the proposed development and to prepare this supporting Planning Statement. In particular, this document describes the site and its immediate surroundings, identifies the key components of the scheme and in the context of section 38(6) of the Planning and Compulsory Purchase Act 2004, considers the extent to which the proposed development complies with the development plan and other material considerations, such as the National Planning Policy Framework (NPPF). Using the evidence provided in the policy assessment, the document concludes with a consideration of the planning balance, which examines the acceptability of the proposed development.
1.1.4 In addition to this Planning Statement, RSK has also prepared an Environmental Report, Design and Access Statement and the planning application drawings.
1.2.1 Seven Star Natural Gas Limited is a wholly owned subsidiary of Alkane Energy plc, and was acquired by the company in May 2011.
1.2.2 Alkane Energy plc is the market leader in the UK gas-to-power market, and is principally involved in the development of onshore methane gas reserves to generate electricity. The company has a first class reputation for operating sites which fully conform to all legislation and regulations required for the development and operation of small scale electricity producing generators.
1.2.3 The company currently has an installed electrical generating capacity of 140MW covering 27 mid-size power plants (comprising coal mine methane and conventional gas) across a number of sites across the United Kingdom.
1.2.4 Electricity at these sites is generated using standard modular engines that, along with other ancillary plant, are designed to be flexible and transportable. This allows
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additional capacity to be brought onto growing sites and under utilised plant to be moved to new sites to maximise efficiency.
1.2.5 Alkane Energy plc sells this power generated to the electricity distribution network.
1.3.1 Natural gas plays a pivotal role in both the UK’s economy and providing security of electricity supply. The 2012 Department of Energy and Climate Change (DECC) published “Gas Generation Strategy” states:
“….Gas is important for balancing out the increasing levels of intermittent and inflexible low carbon energy on the system. Unabated gas generation will continue to play a crucial role in our generation mix for many years to come, and the amount of gas capacity we will need to call on at times of peak demand will remain high…..”
1.3.2 Secure and diverse sources of energy are an important part of national policy. The general consensus is that gas will continue to play a central role in the UK’s energy mix in the future. However, genuine concerns exist over sustainability, given that the UK’s economy is anticipated to need to import around 80% of its gas requirements by 2020. Furthermore, the UK requires additional power generation capacity to replace many of its ageing nuclear and coal fired power stations which are scheduled for decommission in the coming years.
1.3.3 It is forecast that the UK will become increasingly dependent upon gas imports from a globally competitive market. In order to reduce reliance on energy imports, the UK needs to explore domestic gas reserves that have the potential to be used to generate electricity, in a way that does not adversely affect the environment.
1.3.4 Onshore gas production currently makes a small contribution to overall UK production compared to offshore production. Central Government is encouraging investment in indigenous onshore gas production to ensure that the UK’s remaining gas reserves are exploited to the fullest, whilst being mindful of the need to move towards a sustainable, low carbon economy.
1.3.5 Accordingly, harnessing underground gas reserves to generate electricity as is proposed at Three Nooks Farm, will positively respond to the challenges associated with climate change, and will contribute to providing a more sustainable and environmentally friendly alternative to both importation and the technologies currently used to generate power in the UK.
1.4.1 The purpose of this report is to describe the proposed development and to consider the extent to which it complies with the development plan and those documents that constitute material planning considerations.
1.4.2 Following this introductory chapter, the report is structured as follows:
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Chapter 2 provides details of the application site, in terms of its location, history, characteristics and current status; Chapter 3 describes the key components of the proposed development; Chapter 4 provides a brief overview of the Staffordshire and Stoke-on-Trent Minerals Local Plan and the Staffordshire Moorlands Core Strategy Development Plan Document, which collectively comprise the development plan for the proposed development; Chapter 5 identifies the status and weight that should be attached to those planning policy and guidance documents that constitute material considerations; On a topic-by-topic basis, Chapter 6 assesses how the proposed development performs against the relevant policies in the development plan and other planning documents that amount to material considerations. This makes reference to the evidence in the planning application documents, including the Environmental Report; and Chapter 7 draws on the evidence presented in the policy assessment and in the context of section 38(6) of the Planning and Compulsory Purchase Act 2004, provides a balanced judgment on the acceptability of the proposed development.
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2.1.1 The site is located on land within the curtilage of Three Nooks Farm, (grid ref: E391507 N357890), on a transition point between the parishes of Biddulph and Horton, and is set primarily within open agricultural land approximately 2km west of Horton village and immediately east of Biddulph Moor village.
2.1.2 Biddulph Moor is a medium sized village with facilities including a school, shops and post office. The village core has become surrounded over time by modern housing estates comprising detached and semi-detached dwellings.
2.1.3 Rural areas surrounding the site and village are interspersed with isolated farm dwellings, outbuildings and residential properties, many of which are generally accessed via farm tracks off the local road network.
2.1.4 The nearest residential dwellings to the site are: Three Nooks Farmhouse (approx. 50m south); Wellfield Farm and Poolside Farm (approx. 280m to the north-west); Sprinks Farm (approx. 375m to the east); Catt Hayes Farm (approx. 420m to the south-east); Lask Edge Farm (approx. 350m to the south); Croft Meadows (approx. 460m to the south-east); and Thorn Tree Farm (approx. 510m to the south-west).
2.1.5 Key transport routes providing connectivity to the site from the surrounding area comprise: Top Road; Lask Edge Road; Leek Lane; Crowborough Road; Hot Lane; Rudyard Road; and New Street.
2.1.6 The site and village of Biddulph Moor are positioned at the top of an open moorland ridge at around 300m AOD.
2.1.7 The local topography drops sharply to the east of the site towards Horton Brook, which flows at the base of Horton Valley at approximately 165m AOD.
2.2.1 Three Nooks Farm is owned by Mr Roger Ball, and is currently managed as a working dairy farm with a 150 strong dairy herd. The farm is accessed from C173 Top Road / Lask Edge Road via an existing concrete driveway.
2.2.2 Existing buildings on the site comprise of the farmhouse (a two-storey detached dwelling), and several sheds and barns used as milking parlours and for equipment storage. The existing gas well that was consented under the Phase 1 planning permission in 2012 is located approximately 258 metres to the north west of the farm buildings.
2.2.3 A silage clamp used by the farmer for storage of winter feed for the dairy herd is located adjacent to the northern wall of the shed; this is retained by a raised earthwork bank and is kept secure by polythene sheeting weighted down by used tyres.
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2.2.4 For a detailed description of the existing environmental conditions on the site, see section 2 of the Environmental Report
Shell UK Limited
2.3.1 Shell UK Limited (Shell) secured planning permission in 1981 (ref: SM. 10522) for two exploratory boreholes, a drilling site and flare pit at Three Nooks Farm as part of a programme of exploration for oil. Both wells were drilled from the same site approximately 12 inches apart. Nooks Farm 1 was drilled to a depth of some 3620ft (1103m) and Nooks Farm 1A to approximately 2050ft (624m) deep.
2.3.2 Whilst drilling Nooks Farm 1, Shell passed through gas bearing sands (Onecote Sands) at a depth of between 450m and 550m from the surface. Tests on the gas flows confirmed substantial reserves of gas around the well at this target zone.
2.3.3 As sufficient infrastructure was not available at that time to economically export the amount of gas encountered, both wells were plugged with cement to prevent the escape of fluids (or gases) and abandoned in 1983/1984.
Independent Energy
2.3.4 In the 1990s, Independent Energy applied to SCC on two separate occasions for planning permission to undertake drilling, testing, extraction and electricity generation at Three Nooks Farm (ref: SM.96. 1056 and SM.99 0095). In both instances, planning permission was refused at Committee on residential amenity grounds and the unacceptable impacts on the Special Landscape Area and North Staffordshire Green Belt. However, it should be noted that both schemes proposed to accommodate the gas processing and electricity generation equipment at the well site, which is located over 200 metres from the farm buildings.
Seven Star Natural Gas Limited
2.3.5 Seven Star Natural Gas Limited began work in 2006 to develop a proposal to undertake drilling of a natural gas exploration borehole and well, and erection of associated plant and equipment.
2.3.6 The site was selected by the applicant due to the following important factors:
Its position on the crest of a known anticline in the geographical strata and other known geological information; Existing Petroleum Exploration and Development Licence (PEDL) arrangements and proven gas reserves capable of exploitation over a long period of time; Its remote setting, and distance from environmental sensitivities and residential dwellings; Limited land take requirements and close proximity to local electricity grid connections; and The willingness of the landowner to accommodate the development
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2.3.7 For the purposes of progressing the project through the planning process, the applicant split the project into two distinct phases, each with separate planning applications:
Phase 1 comprises drilling, testing and appraisal of quantities of underground gas on land at Three Nooks Farm; and Phase 2 comprises the installation of equipment at Three Nooks Farm to generate electricity from the underground gas reserves.
2.3.8 Further information about each stage is provided below:
Phase 1
2.3.9 The applicant submitted a planning application to SCC in mid 2010, and was subsequently granted planning permission (ref: SM.10/06/161 M) in February 2011 to undertake Phase 1 of the works (i.e. 12 hour drilling and gas testing at one of two existing boreholes at the site).
2.3.10 Shortly after the granting of consent and prior to the commencement of any works, site inspections undertaken by the applicant revealed that both boreholes were leaking, and allowing underground gas to leak into the atmosphere. The gas was tested and confirmed to be the same composition as that discovered by Shell in the 1980s, indicating that the gas was from the original reservoir and that the previous well abandonment had in some way failed allowing it to reach the surface.
2.3.11 Discussions with SCC and the Health and Safety Executive (HSE) concluded a need to agree and implement an action plan to repair the boreholes and make the area safe as soon as practicable. Accordingly, the applicant submitted a second planning application (ref: SM.11/18/161 M) to SCC on 21 December 2011; this application detailed the proposed action plan and also covered all gas appraisal and testing works.
2.3.12 The Phase 1 works were granted permission on 5 April 2012, and have mainly been implemented on site by the applicant.
2.3.13 The approved Phase 1 works involved the following site operations:
Preparatory and Enabling Works - comprising: installation of signage; installation of root protection measures; undertaking tree works; improvements to the existing entrance and driveway to Three Nooks Farm; installation of fencing; formation of a site compound and field access track; formation and demarcation of car parking and laydown areas; and installation of wheel wash facilities; Drilling and Repair Works - comprising: erection of a drill rig, flare stack and ancillary equipment (e.g. cabins and containers) within the site compound; 24 hour operation of the rig to drill out and repair both existing boreholes; importation of materials and consumables to site; recycling and disposal of waste off-site; gas testing, appraisal and flaring; and installation of a wellhead valve; and Site Demobilisation and Restoration - comprising: strip down of the drill rig and removal (including all ancillary equipment); site restoration; field
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access track reduction; removal of root protection measures; and implementation of a 5 year landscape management plan.
Phase 2
2.3.14 The applicant submitted a planning application to SCC on 13 July 2012 (ref: SM.12/06/161 M) to extract underground gas at the Three Nooks Farm site for the purposes of generating electricity. The proposed development consisted of the demolition of an existing agricultural barn, the construction of a new purpose built barn (shared between the applicant and farmer) to accommodate gas-powered electricity generating plant, the construction of ancillary equipment, the laying of service and distribution pipes, and the construction of a new silage clamp.
2.3.15 Planning permission was granted by SCC in May 2013 subject to planning conditions and the modification of a Section 106 Legal Agreement.
Phase 2A
2.3.16 Since the grant of planning permission for Phase 2, the applicants have been testing the gas reserves at the site and it has become apparent that the quantity of gas that is recoverable is less than that which had previously been projected. This means that the electrical output of the project will reduce to 0.8MW from the originally proposed 2MW, requiring 1 less engine and a new gas vent. Subsequently, the project finances have been reviewed and it has become apparent that the project needs to be amended to make it economical.
2.3.17 The intention is now to retain the existing barn building in its current format and accommodate all of the gas processing and energy generation equipment externally at the rear of the barn building. The farmer is still intending to construct a new silage clamp, but as this is a non-mineral and waste development it has been decided to submit a separate application for planning permission to Staffordshire Moorlands District Council. Notwithstanding this, the landscape and visual assessment that is included in the separate Environmental Report has considered the potential cumulative effects associated with the silage clamp and the gas processing and energy generation equipment.
2.3.18 In summary, the proposed Phase 2A works consist of the same development components that were granted planning permission in 2013. The only differences being:
The omission of one of the combustion gas engines; The position of the gas processing and energy generating equipment has altered to take account of the fact that a new barn building will not be constructed; The existing barn will be retained; A new gas vent, 7.6 metres in height; and The replacement of the silage clamp no longer forms part of this application.
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Staffordshire County Council
2.4.1 A pre-application meeting was held with David Bray from the Planning Department at SCC on 23 May 2014 to discuss the recent gas testing and the subsequent revised proposals, in terms of the different design options that were being considered. At that time, there were two options on the table; the proposed scheme and an alternative, which involved constructing the gas processing and energy generation equipment at the well site. However, this alternative option was rejected by the applicant due to potential unacceptable impacts on the openness and character of the Green Belt / Special Landscape Area in the context of existing planning policy and the planning history of the site.
2.4.2 The meeting was also used to discuss the planning strategy for the application. In particular, clarification was sought on whether the proposed development consisted of a minor material amendment and could therefore be subject to a planning application submitted under Section 73 of the Town and Country Planning Act 1990. SCC confirmed in writing on 24 July 2014 that the proposed amendments to the scheme did not constitute minor material amendments and therefore, that the Section 73 application route would not be appropriate and that a full application for planning permission would be required. The response also requested that the following subsequent issues should be included within any future application:
An explanation for the reasons for the proposed changes to the scheme; Clarification on the differences between the proposed development, the approved Phase 2 development and previously refused applications; and The inclusion of updated site restoration / aftercare and landscaping plans.
2.4.3 In August 2014, RSK made contact with SCC’s Principal Landscape Officer Julia Banbury to discuss the scope of the updated landscape and visual impact assessment in the context of the proposed changes to the scheme. A written response was received on 05 August, which confirmed that the external location of the equipment and the introduction of the ventilation flue meant that there may be the requirement to consider additional viewpoints from those that were assessed as part of the Phase 2 application. In particular, it was recommended that a Zone of Theoretical Visibility (ZTV) Study be undertaken to identify whether any further viewpoints needed to be considered. Following a further site visit by RSK’s Landscape Architect, it was agreed in a telephone conversation with Julia Banbury that the ZTV would not be required and that the previously assessed viewpoints were sufficient for the updated assessment.
Three Nooks Farm Liaison Meeting
2.4.4 The Phase 2 development was granted planning permission subject to a Section 106 legal agreement that required a Liaison Meeting to be established, which included representatives from Staffordshire County Council, Staffordshire Moorlands District Council, Biddulph Town Council, Horton Parish Council and local residents. In response, the first meeting of the Three Nooks Farm Liaison Committee took place in January 2013, and the group has been meeting
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approximately every two months since. On 20 August 2014, the applicant presented the Phase 2A plans to the Liaison Committee for the first time. The comments that were received at the meeting were taken on board by the applicant and used to inform the final design of the Phase 2A proposals.
2.4.5 Key issues raise at the liaison meeting were:
Stack and vent height and visual impact; Emissions; and Noise Statutory and Non-Statutory Organisations
2.4.6 As part of the Phase 2 development, the applicant consulted a range of statutory and non-statutory organisations, including the Environment Agency, Natural England, Staffordshire Ecological Record and Staffordshire Moorlands District Council. This took the form of written pre-application consultation requesting environmental information within 2km of the site, and also sought comment on the outline proposals. As the baseline information that was provided as part of this exercise is still valid for Phase 2A, and the proposals are similar in that they consist of the same development but on a reduced scale, it was not deemed necessary to re-open discussions with these organisations.
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3.1.1 Planning Drawing 41396/10/01/02/01 depicts the red-line planning application boundary, and also depicts the blue-line boundary delineating all land within the applicant’s ownership and/or control. The application boundary covers all land required to construct and accommodate the proposed scheme, and totals 7356m2 of land.
3.1.2 A number of principles have influenced the final form and extent of both the application boundary and the design of the proposed scheme:
Spatial allowances to meet the minimum engineering and operational requirements of the project; Utilisation of the existing farm entrance and driveway off C173 Top Road/Lask Edge Road, for both construction and operational access; Utilisation of an appropriate haul route from major roads for construction traffic, as agreed during Phase 1 of the project; Utilisation of existing areas of hardstanding within the farm curtilage to provide temporary laydown areas and vehicle parking during the construction phase; Allowances to provide adequate separation distances between the site and environmental sensitivities (e.g. boundary vegetation); Avoidance of localised environmental impacts where possible, and reduction of impacts through development, agreement and inclusion of appropriate mitigation measures; and Feedback received during pre-application consultation with the local planning authority and Liaison Committee.
Energy Centre
3.2.1 The applicant’s energy centre will contain the following components. Those items in blue differ to those in the Phase 2 application:
An acoustic engine cell housing the power generating equipment, comprising one internal combustion gas engine enclosed within a 5 metre high acoustically controlled container unit; One generator exhaust stack (10 metres in height); High voltage and low voltage switchgear and metering; Gas processing equipment; Fan cooled radiators; Electrical transformer; Pipework and cable ducting;
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Gas vent (7.6 metres in height); and A small site control room and welfare facilities for operational personnel.
3.2.2 The generating equipment will be an 800kW reciprocating engine unit that is likely to be a CAT engine that was previously used on one of Alkane’s other sites.
3.2.3 The engine will be located in an acoustic container, similar to a steel road container with its own control gear. All equipment is shown on Planning Drawing 41396/10/01/02/03; this will be located within areas currently used by the farmer for the storage of silage. The equipment will be securely contained by a 5m high proprietary acoustic fencing system. The total footprint of the equipment will be approximately 315m2.
Gas Pipeline Connection
3.2.4 A new underground gas pipe will be installed to connect the wellhead (to be installed as part of the consented Phase 1 works) and the gas processing equipment, as shown on Planning Drawing 41396/10/01/02/01. The valves installed at the wellhead will provide the facility to control and isolate the gas supply at source.
3.2.5 Due to the pressure of gas within the well, this pipe will be constructed of steel and will be approximately 300m in length, of diameter no greater than 150mm, and buried to an approximate depth of 0.75m.
Utility and Other Connections
3.2.6 An 11kV electricity cable connection will be required as part of the project in order to connect the generating equipment to the local electricity network. As the underground electricity cable connection does not form part of the proposed scheme, the cable connection is not considered within this report. This connection will be the responsibility of the DNO to undertake and implement at a future date, under permitted development rights afforded to it as a statutory undertaker. A potential route is displayed in Appendix 1.
3.2.7 The existing phone line will be used for broadband, telecommunications and CCTV connections at the site; this will provide the applicant with a means of remotely monitoring the equipment and security operations at the site from their headquarters.
3.2.8 As the responsibility for major utility connections lies under the relevant operators and statutory undertakers, matters relating to the installation of such connections have not been considered as part of this report.
Construction Route
3.3.1 The applicant presented a vehicle route to Staffordshire County Council as part of consented planning applications SM.10/06/161 M and SM.11/18/161 M, the purpose being to agree an appropriate route for construction and maintenance traffic to use during implementation of the Phase 1 works.
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3.3.2 This agreed route is shown in Appendix 2 and was formalised in both applications via the applicant entering into a Section 106 Legal Agreement with SCC.
3.3.3 The applicant proposes to use this same primary route for construction traffic during the implementation of the Phase 2 proposals at the site, given it has previously been accepted by SCC’s highways officers and planning officers as appropriate for construction vehicles of the type proposed.
3.3.4 Vehicles will travel from the A50 on the A527 (Tunstall Road) towards Knypersley. In Knypersley, vehicles will then turn right on to Park Lane. At Rock End, vehicles will bear left on to New Street towards Biddulph Moor and will leave Biddulph Moor on Rudyard Road. They will then turn right onto Top Road / Lask Edge Road, and then turn left into the site entrance at the farm.
3.3.5 This route will be displayed within the site, and all drivers will be instructed by the applicant to use it.
Site Access
3.3.6 Construction vehicles will access the site via the existing farm driveway off Top Road / Lask Edge Road. The existing farm entrance and driveway were upgraded in March 2012 to take HGVs and construction vehicles as part of a consented improvements package detailed in SM.10/06/161 M and SM.11/18/161 M.
Car Parking and Laydown Areas
3.3.7 Small sections of the existing farmyard will be used for temporary car parking, and as a temporary laydown area for materials transported to/from the site throughout the construction period.
Preparatory and Enabling Works
Public Rights of Way
3.4.1 The applicant will erect warning signs to indicate the location of the Public Right of Way (PRoW) crossing the farm (Horton 21).
3.4.2 Proposed signage details are depicted in Appendix 3 and these will be positioned at either side of existing stiles in order to clearly indicate the location of the footpath, and will comprise arrows pointing in both directions. Warning signs will also be displayed to advise staff of crossing walkers who may be travelling along the pathway.
3.4.3 Access along highways and public footpaths will then be maintained throughout the construction period, and temporary or permanent diversions will be necessary.
Tree Works and Root Protection Measures
3.4.4 A detailed tree survey was undertaken in August 2011 as part of application ref: SM.11/18/161 M in order to identify and catalogue trees at the farm. This followed best-practice as identified in BS5837:2005 Trees in Relation to Construction.
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3.4.5 This survey has been reviewed against the form and extent of the proposed scheme, and updated to indicate where it will be necessary to provide tree protection fencing to avoid damage during the construction period.
3.4.6 The survey findings and requirements for protection are depicted on Planning Drawing 41396/10/01/02/03. Root protection areas will be established using HERAS type fencing, with all panels interlinked and fully clamped.
3.4.7 A total of seven trees have been identified adjacent to the existing driveway and farmyard. Only one of these - Tree No. 6 - has a value B; other trees are either young or in poor condition. While the root protection area extends over the track, no protection will be necessary on the basis that the trunks are within the field and are protected by existing boundary fencing and the roots have developed under the existing concrete track. The low branches of this tree that overhang the farm driveway have already been removed as part of works undertaken for SM.11/18/161 M.
3.4.8 The survey confirmed that no trees will require removal ahead of implementing the proposed works.
3.4.9 Although field hedgerows are outside the British Standard, those in close proximity to the works will be protected with a line of orange plastic mesh fencing supported on road pins.
Fencing
3.4.10 HERAS type block and mesh fencing will be installed around the existing field hedges and trees to protect them from damage during the proposed works, and will also be installed around construction areas to provide site security.
3.4.11 HERAS fencing will be of panel dimensions 3.5m wide and 2m high. It is expected that this fencing will be delivered to the site by flatbed lorry at the same time as the tree protection equipment.
Wheel Wash
3.4.12 To control dust, dirt and debris being tracked by construction vehicles, wheel wash facilities will be set up and provided within the farmyard by means of a power washer. This will be used to clean the wheels and undersides of vehicles prior to departure from the site.
3.4.13 The location of these facilities will be within the farmyard, as shown on Planning Drawing 41396/10/01/02/01.
Compound Setup
3.5.1 A temporary site compound will be formed to provide equipment storage and basic welfare facilities for staff and construction operatives within the existing farm yard.
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Earthworks
3.5.2 Excavation earthworks will be undertaken using a combination of excavators and dumpers to achieve the necessary ground levels for the new equipment.
Ground works
3.5.3 Ground works will be necessary at the site to prepare suitable bases for the new equipment.
3.5.4 Concrete pads will be formed and laid to provide suitable bases for the external plant and equipment. Stone will also be laid, where necessary.
3.5.5 As part of the ground works, a linear trench will be excavated between the installed wellhead and the new gas processing equipment to facilitate installation of the underground gas pipe. Excavated earth will be temporarily stored adjacent to the trench, and then used to backfill the trench post installation of the pipe.
3.5.6 The ground works phase will involve deliveries of raw materials to the site by both 12tn and 20tn lorry.
Equipment Installation and Commissioning
3.5.7 A combination of articulated and rigid 20tn and 12tn lorries and small vans will be used to deliver the various generation plant and equipment to the site. The new gas processing equipment will be installed within the existing farmyard.
3.5.8 Fencing will be installed to provide adequate security and protection for the new equipment.
3.5.9 Connections will be made between the underground gas pipeline and the generating equipment, and heat supply pipework will be installed to provide heating to the adjacent dairy and farmhouse.
3.5.10 During this phase, the DNO will install an 11kV underground connection between the site and the local electricity distribution network.
3.5.11 Following installation, all plant and equipment will be commissioned and subject to thorough testing.
Materials and Consumables
3.6.1 Water required for construction operations will be provided via a pipe in the farmyard that has natural water flow.
3.6.2 Fuels, oils and other similar consumables will be retained in a double bunded store within the farmyard.
3.6.3 Bulk construction materials (e.g. sand and cement) will be delivered to site via a combination of HGV and small lorry, and will either be mixed on site or be delivered ready-mixed.
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Waste
3.6.4 The main sources of waste material will be generated from the excavation of areas of concrete on the existing farmyard in locations where new plant and equipment will be installed.
3.6.5 Crushed stone and rubble recovered from the excavation of the existing concrete base of the farmyard will be reused as fill elsewhere at the site, where appropriate.
3.6.6 One 12 tonne skip will be on site at any one time during the proposed works to accommodate the arisings. Once full, this skip will be transported off-site to a registered disposal facility and an empty skip brought back to the site.
3.6.7 In addition, four 8 tonne skips on site will be used for recycling, segregation and dispose of general waste material (e.g. plastics, cardboard etc).
3.6.8 All wheel wash water will drain from the farmyard and into the existing slurry lagoon.
3.7.1 Following completion of the construction works, the site will be cleared of all vehicles, plant and equipment as part of site demobilisation.
3.7.2 All disturbed areas of the farm yard will be tidied. As a final operation, any temporary fencing installed to protect trees will be taken down and removed from site.
3.8.1 A detailed 5-year site restoration, landscaping and aftercare plan has already been developed for implementation as part of the consented Phase 1 works under SM.11/18/161 M, and comprises a series of short-term restoration measures specific to that phase of works and wider long-term strategies such as targeted planting and management of trees and shrubs around the farm holding.
3.8.2 In relation to the Phase 2A works, circa 70m2 of landscaping will be planted as part of the proposed additional landscaping proposals have been developed to improve long term integration into the local environment, and to provide a degree of visual screening of the new gas processing equipment in available views along Horton 21 PRoW and from elevated properties located north-west of the farm. Plant species have been selected to integrate with the adjacent existing vegetation. Restoration, aftercare, and landscaping strategies are depicted on Planning Drawings 41396/10/01/02/07 and 41396/10/01/02/08.
3.8.3 Wider site restoration will be undertaken following the completion of site works associated with the consented Phase 1 works, with the Phase 2A landscaping implemented in the first available planting season after completion of the proposed works.
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3.9.1 Post completion of the construction works, there will be no requirement for persons to access the site, save for those carrying out periodic maintenance or visiting the site for other reasons. Such visits are expected to be made by motor car or light van every few weeks.
3.9.2 24 hour security will be provided by an infra-red security alarm system and CCTV linked to the applicant’s central control room. This type of technology has been proven on other similar developments to deter entry into sites of this nature.
3.9.3 Metal mesh fencing will provide the necessary security around the new equipment. All gas pipelines and other utility infrastructure will be buried to deter security breaches.
3.9.4 The nature of the proposed operations is such that the underground gas will be piped from the wellhead to the new equipment for immediate conversion to electricity. No gas will be stored at the site.
3.10.1 Based on estimates of the volume of underground gas reserves, the applicant believes the proposed scheme will be able to generate electricity for up to 20 years post construction.
3.11.1 A high-level indicative programme for the proposed works is provided below.
3.11.2 The programme is predicated on the assumption that this planning application constitutes an application that will be referred to SCC’s planning committee for determination.
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2014 2015 Proposed Works: Estimated Timescales Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Submission and determination of Phase 2a Planning Application Approval of Phase 2a Planning Application by Committee and release of permission Discharge of Pre Commencement Planning Conditions imposed by SCC
Preparatory and Enabling Works Ground works Formation of plant bases and ductwork system Equipment Delivery and Positioning Interconnecting Pipework and Cabling Commissioning
Table 3.1: Indicative Programme of Works
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3.11.3 The main works requiring consent under this application are programmed to commence in February 2015 through to June 2015 (i.e. a total of circa 21 weeks).
3.11.4 The preparatory works (shown on the above programme in green) are planned to be undertaken over a 6 day week (Mon – Sat) across a 12 hour working period, with no working on Sundays and Bank Holidays.
3.12.1 Based on the above schedule of operations and programmed timescales, it is estimated that implementation of the proposed scheme will involve the following vehicle movements (i.e. both directions) and vehicle types.
Vehicle Types and Movements Activity Up to 12tn Vans and Articulated up to 20tn lorry Lorry Cars
Preparatory and 6 4 30 Enabling Works Ground Works 6 4 30
Formation of 20 60 Bases
Equipment 20 4 60 Delivery
Interconnecting 6 120 Pipework and Cabling Commissioning 4 120 Table 3.2: Estimated Vehicle Types and Movements
3.12.2 Assuming a 20 week working period, the following total and averaged two-way vehicle movements have been estimated.
Articulated Vehicles: 10 total | 0.5 per week; Up to 20tn Lorries: 31 total | 1.55 per week; Up to 12tn Lorries: 38 total | 1.9 per week; and Cars and Vans: 380 total | 19 per week
3.12.3 Local residents will be kept informed of the timing of deliveries of equipment and materials to ensure that their safety, and that of other road users is not compromised, and to minimise disruption on the local road network.
3.12.4 The majority of construction movements to and from the site will be timed to avoid school drop off and collection times.
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4.1.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise.
4.1.2 Annex 2 of the NPPF provides a useful definition of the development plan:
“…This includes adopted Local Plans, neighbourhood plans and the London Plan, and is defined in section 38 of the Planning and Compulsory Purchase Act. (Regional strategies remain part of the development plan until they are abolished by Order using powers taken in the Localism Act. It is the government’s clear policy intention to revoke the regional strategies outside of London, subject to the outcome of the environmental assessments that are currently being undertaken)….”
4.1.3 As the site is located within the administrative boundaries of Staffordshire Moorlands District Council and Staffordshire County Council, the development plan consists of a combination of the saved policies of the Staffordshire and Stoke-on-Trent Minerals Local Plan and the Staffordshire Moorlands Core Strategy Development Plan document. Further information on the status of these documents and the weight that should be afforded to any relevant policies is provided below.
4.1.4 It should be noted that in May 2013 the Government Order to revoke the Regional Strategy for the West Midlands came into effect, so this document no longer forms part of the development plan.
4.2.1 The Staffordshire and Stoke-on-Trent Minerals Local Plan was adopted in December 1999 and covers the period up to 01 January 2006. The Plan sets out detailed policies and proposals for mineral working in Staffordshire and aims to provide a framework for the future supply of minerals whilst ensuring that measures are taken to protect the environment.
4.2.2 In December 2007, a “Direction letter” issued on behalf of the Secretary of State, confirmed those policies in the Minerals Local Plan that are saved and could continue to be used in determining planning applications. 26 of the 58 policies of the Plan were saved as well as 5 of the 7 proposals.
4.2.3 Paragraph 215 of the NPPF advises that due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. In particular:
“….the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given….”
4.2.4 In March 2013, SCC undertook a review of each of the saved policies of the Local Plan to identify the extent to which they were consistent with the NPPF. The results are presented
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in “An assessment of the consistency of policies in the Staffordshire and Stoke-on-Trent Minerals Local Plan with the National Planning Policy Framework”.
4.2.5 Of those saved policies of the Local Plan that are relevant to the proposed development, the above document has concluded that all are either consistent or generally consistent with the NPPF. Therefore, it can be concluded that despite the length of time that has elapsed since the Local Plan was adopted, the saved policies to continue to hold significant weight in the decision making process.
4.3.1 The Core Strategy was adopted in March 2014 and covers the period up to 2026. It is a strategic District wide plan which influences how and where the Staffordshire Moorlands will develop in the future. It sets out what the District Council would like to achieve in each of the main towns and the rural areas outside of the Peak District National Park.
4.3.2 In the context of the infancy of the Core Strategy, it can be concluded that its policies can be afforded significant weight in the decision making process.
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5.1.1 This chapter identifies those statutory and non-statutory planning policy documents, which for the proposed development are considered to be material considerations. In particular, this will focus on the current status of each document and the weight that should be attached to it in the decision making process.
5.2.1 The NPPF was formally adopted in March 2012 and sets out the Government’s planning policies for England and how these are expected to be applied. In March 2014, the Department for Communities and Local Government (DCLG) launched the Planning Practice Guidance (PPG) web-based resource to supplement the NPPF. It contains additional information on 40 separate topics.
5.2.2 Paragraphs 12 and 13 of the NPPF confirm that the document does not change the statutory status of the development plan as the starting point for decision-taking. However, the NPPF does constitute guidance for local planning authorities and decision-takers both in drawing up plans and as a material consideration in determining applications.
5.2.3 Paragraph 14 highlights that at the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking, this means:
“….Approving development proposals that accord with the development plan without delay; and Where the development plan is absent, silent or relevant policies are out-of-date, granting planning permission unless: o Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or o Specific policies in the Framework indicate development should be restricted….”
5.2.4 As the NPPF and its accompanying PPG is a contemporary document which represents the Government’s current thinking on the operation of the planning system, it should be afforded significant weight in the decision making process.
5.3.1 EN-1 was published in July 2011 and sets out the Government’s policy for energy-related Nationally Significant Infrastructure Projects (NSIPs), which require a Development Consent Order (DCO) under the Planning Act 2008.
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5.3.2 Although the proposed development is not an NSIP, paragraph 1.2.1 of EN-1 confirms that:
“….In England and Wales this NPS is likely to be a material consideration in decision making for applications that fall under the Town and Country Planning Act 1990 (as amended). Whether, and to what extent, this NPS is a material consideration will be judged on a case by case basis….”
5.3.3 Based on the above guidance, it can be concluded that as the proposed development involves the generation of energy, that EN-1 should be given some weight in the decision making process.
5.4.1 In May 2014, SCC published the first draft of its replacement Minerals Local Plan for consultation. Once adopted, the Plan will cover the period 2015 to 2030 and replace the saved policies in the Staffordshire and Stoke-on-Trent Minerals Local Plan 1994 to 2006.
5.4.2 Paragraph 216 in Annex 1 of the NPPF confirms that:
“….From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to: The stage of preparation of the emerging plan (the more advanced the preparation, the greater weight that may be given); The extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and The degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given)….”
5.4.3 As the draft Minerals Local Plan is still in its early stages of preparation, in the context of the advice in the NPPF it can be concluded that it does represent a legitimate material planning consideration, but should be assigned limited weight in the decision making process.
5.5.1 A number of energy-related guidance documents are currently in circulation which have been prepared by organisations such as DECC, and represent material considerations for this planning application. This includes the Gas Generation Strategy and the Annual Energy Statement 2013. Each of these documents should be given consideration in the decision making process.
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6.1.1 The aim of this chapter is to assess on a topic-by-topic basis, how the proposed development performs against the development plan and those policy and guidance documents identified in chapter 5, which constitute material considerations. This will draw on the evidence presented in the Environmental Report, which accompanies the planning application.
Policy / Guidance Summary
6.2.1 EN-1 identifies that in the UK at least 22 Giga Watt (GW) of existing electricity generating capacity will need to be replaced in the coming years, particularly to 2020. In addition, the total capacity of energy generation may need to double by 2050 to be robust to all weather conditions. Therefore, it is critical that the UK continues to have secure and reliable supplies of electricity and to achieve this we need a diverse mix of technologies and fuels, so that we do not rely on any one technology or fuel. The document also recognises that gas will continue to play an important role in the electricity sector by providing vital flexibility to support an increasing amount of low carbon generation and to maintain a security of supply
6.2.2 DECC’s Gas Generation Strategy highlights that gas currently forms an integral part of the UK’s energy generation mix and is a reliable, flexible source of electricity. Gas generation is, in general, an efficient form of thermal generation, meaning that more electricity can be produced from less fuel than is the case with other fossil fuel technologies. Furthermore, the Government expects that gas will continue to play a major role in our electricity mix over the coming decades, alongside low-carbon technologies as the UK aims to decarbonise the economy.
Policy Assessment
6.2.3 The proposed development would make a positive contribution to the objectives of EN-1 and DECC’s Gas Generation Strategy, as it would result in the production of approximately 6400 MWh of electricity per annum, which would help to secure the UK’s energy supplies and meet the increasing energy demands of the population.
Policy Summary
6.3.1 The NPPF states that the Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. The essential characteristics of Green Belts are their openness and permanence. The document confirms that inappropriate development is, by definition,
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harmful to the Green Belt and should not be approved unless in very special circumstances.
6.3.2 Paragraph 90 of the NPPF confirms that some forms of development are not inappropriate in the Green Belt provided that they preserve the openness of the Green Belt and do not conflict with the purposes of included land in the Green Belt. This includes mineral extraction and engineering operations. For information, the five purposes of the Green Belt are:
To check the unrestricted sprawl of large built-up areas; To prevent neighbouring towns from merging with one another; To assist in safeguarding the countryside from encroachment; To preserve the setting and special character of historic towns; and To assist in urban regeneration, by encouraging the recycling of derelict and other urban land. Policy Assessment
6.3.3 As the proposed development consists of engineering operations associated with the extraction of natural gas, it represents a use that is not inappropriate in the Green Belt, provided that the openness of the land is preserved and the purposes of the Green Belt are not threatened.
6.3.4 In response, it can be concluded that the proposed development would not impact on the openness of the Green Belt as all of the gas processing and energy generation equipment would be positioned within the curtilage of Three Nooks Farm on previously developed land, and in a position that would mean that the lower sections of the equipment would be screened by existing vegetation and the topography of the land.
6.3.5 With respect to the five purposes of the Green Belt, it can be concluded that in the context of the scale, characteristics and proposed location of the proposed development, none of the objectives would be impaired. Therefore, the proposed development represents an acceptable use in the Green Belt.
Policy Summary
6.4.1 Policy 21 of the Staffordshire and Stoke-on-Trent Minerals Local Plan states that minerals development proposals should be informed by and be sympathetic to landscape character and quality. Proposals with landscape and visual implications will be assessed having regard to the extent to which they would:
1. Cause visual intrusion, incapable of satisfactory mitigation; 2. Introduce, or conversely lead to the removal of incongruous landscape elements; 3. Cause the disturbance or loss of, or conversely help to maintain: a. Landscape elements that contribute to local distinctiveness; b. Historic elements that contribute significantly to landscape character and quality, such as field, settlement and road patterns; c. Semi-natural vegetation which is characteristic of that landscape type; d. The visual condition of landscape elements; and
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e. Tranquillity
6.4.2 Policy 21 also highlights that planning applications for mineral development which would cause unacceptable direct or indirect adverse impacts should demonstrate that any material planning benefits arising from the proposal outweigh the objections. If the benefits would not outweigh the objections then planning permission will only be granted if the need for the mineral outweighs the material planning objections.
6.4.3 Policy DC3 (Landscape and Settlement Setting) of the Staffordshire Moorlands Core Strategy indicates that the Council will protect and where possible, enhance local landscape and the setting of settlements by resisting development which would harm or be detrimental to the character of the local and wider landscape or the setting of a settlement and important views into and out of the settlement as identified in the Landscape and Settlement Character Assessment.
6.4.4 Policy 9 of the Staffordshire and Stoke-on-Trent Minerals Local Plan states that planning applications should incorporate provision for site restoration and aftercare in accordance with the following principles:
1. The phased extraction and restoration of mineral operations, wherever practicable, in order to ensure that the period over which the land is in use for mineral development before being restored is minimised; 2. Take account of the pre-working character of the site, its surroundings, the landscape setting and, where possible, provide for enhancement of the general quality of the landscape and local environment; and 3. Make provision for nature conservation, forestry, recreation or amenity after uses where this is appropriate and compatible with the Development Plan. Such proposals should include provision for the aftercare of the land for a period of up to 5 years following completion of the restoration of any extended time period agreed between the applicant and/or owner and the Mineral Planning Authority.
Policy Assessment
6.4.5 The landscape appraisal in section 3.4 of the Environmental Report concludes that during the construction phase any effects would be short term, of low to medium magnitude and adverse in nature. Once the proposed development becomes operational, it is predicted that landscape character effects would be medium-low (adverse), and that visual effects would range from low at Wellfield Farm / Poolside Farm, to medium at Lask Edge Farm. Once the proposed mitigation strategy has been implemented, the significance of all landscape and visual effects would be slight adverse.
6.4.6 With regards to the restoration and aftercare of the site, as identified in section 3.8 of this report, a detailed 5-year site restoration, landscaping and aftercare plan has already been developed for implementation as part of the consented Phase 1 works. In response to the Phase 2A works, additional landscaping proposals have been developed to improve long term integration into the local environment. A copy of the site restoration and aftercare plan are contained in Planning Drawings 41396/10/01/02/07 and 41396/10/01/02/08.
6.4.7 Although the proposed development is predicted to generate some permanent, slightly adverse landscape and visual effects, when these are considered in the context of the energy generation benefits of the scheme and its contribution to the Government’s wider
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energy targets, it can be concluded that on balance, there is no conflict with the development plan or those documents that constitute material considerations.
Policy Summary
6.5.1 Policy SD4 (Pollution and Flood Risk) of the Staffordshire Moorlands Core Strategy highlights that the Council will ensure that the effects of pollution (air, land, noise, water, light) are avoided or mitigated by refusing schemes which are deemed to be (individually or cumulatively) environmentally unacceptable and by avoiding unacceptable amenity impacts by refusing schemes which are pollution-sensitive adjacent to polluting developments, or polluting schemes adjacent to pollution sensitive areas, in accordance with national guidance.
6.5.2 Paragraph 123 of the NPPF states that planning policies and decisions should avoid noise from giving rise to significant adverse impacts on health and quality of life, as a result of new development. Where appropriate, planning conditions should be used to reduce or mitigate for any adverse impacts that have been predicted.
6.5.3 Paragraph 015 of the Planning Practice Guidance recommends that mineral operators should look to agree a programme of work with the mineral planning authority, which takes into account, as far as is practicable, the potential impacts on the local community and local environment, the proximity to occupied properties, and legitimate operational considerations over the expected duration of operations.
Policy Assessment
6.5.4 The noise assessment in section 3 of the Environmental Report has concluded that noise levels associated with the operation of the proposed scheme are not predicted to exceed industrial noise or residential amenity criteria at residences surrounding the site. Furthermore, it is not considered that noise levels predicted at Three Nooks Farm would result in disturbance to the residential amenity of occupiers therein. On this basis, it can be concluded that the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
Policy Summary
6.6.1 Policy SD4 (Pollution and Flood Risk) of the Staffordshire Moorlands Core Strategy highlights that the Council will ensure that the effects of pollution (air, land, noise, water, light) are avoided or mitigated by refusing schemes which are deemed to be (individually or cumulatively) environmentally unacceptable and by avoiding unacceptable amenity impacts by refusing schemes which are pollution-sensitive adjacent to polluting developments, or polluting schemes adjacent to pollution sensitive areas, in accordance with national guidance.
6.6.2 Paragraph 124 of the NPPF states that planning policies should sustain compliance with
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and contribute towards EU limit values and national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas.
6.6.3 Paragraph 005 of the Planning Practice Guidance highlights that whether or not air quality is relevant to a planning decision will depend on the proposed development and its location. Concerns could arise if the development is likely to generate air quality impact in an area where air quality is known to be poor. They could also arise where the development is likely to adversely impact upon the implementation of air quality strategies and action plans and / or, in particular, lead to a breach of EU legislation.
Policy Assessment
6.6.4 The air quality appraisal in section 3 of the Environmental Report has concluded that no significant impacts on local air quality or human health are predicted to occur from either the construction or operational phases. Therefore, it can be concluded that the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
Policy Summary
6.7.1 Policy 20 of the Staffordshire and Stoke-on-Trent Minerals Local Plan indicates that where approved development affects sites or features of natural or cultural conservation value, appropriate measures will be required to conserve that value as far as possible, and to provide for replacement habitats or features where damage or loss is unavoidable.
6.7.2 Policy NE1 (Biodiversity and Geological Resources) of the Staffordshire Moorlands Core Strategy states that the biodiversity and geological resources of the District and neighbouring areas will be conserved and enhanced by positive management and strict control of development. In particular, the Council will ensure that development promotes the appropriate maintenance, enhancement, restoration and / or recreation of biodiversity through its proposed nature, scale, location and design.
6.7.3 Paragraph 118 of the NPPF states that when determining planning applications, local authorities should aim to conserve and enhance biodiversity. In particular, if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), mitigated, or, as a last resort, compensated for, then planning permission should be refused.
Policy Assessment
6.7.4 The ecological appraisal in section 3.5 of the Environmental Report has confirmed that the route of the proposed gas pipeline would result in the removal of a short section of hedgerow. However, this has been identified as being species poor. With respect to protected species, the proposed development is unlikely to involve disturbance to habitat which is suitable for Badgers, Great Crested Newts or Common Reptiles. There is the potential for disturbance to breeding birds and Brown Hare, but any impact would be avoided through the completion of pre-development surveys where this is deemed
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appropriate. With regards to Bats, vegetation along the boundaries of the site is considered suitable for foraging and commuting bats. Provision has therefore been made within the design of the scheme to retain this vegetation to ensure that potential commuting routes are not severed.
6.7.5 Based on the above evidence, it can be concluded that the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
Policy Summary
6.8.1 Policy 30 of the Staffordshire and Stoke-on-Trent Minerals Local Plan indicates that planning applications for minerals development should, where appropriate, be accompanied by a Traffic Impact Assessment and should ensure that:
The engineering and structural integrity of approach roads will not be prejudiced by the development; The development does not have an unacceptable adverse impact on public and highway safety; Adequate, well-screened, on-site parking, turning and loading facilities are provided; Suitably designed access(es) can be provided with onsite facilities for washing vehicle wheels before leaving the site; The traffic generated by the development can be satisfactorily absorbed into the highway network without causing unacceptable adverse impacts upon people or the environment through, inter alia, noise, vibration, fumes or dust; and Any adverse impacts caused by the proposed development can be mitigated to the satisfaction of the Mineral Planning Authority and that such mitigation may be secured by a legal agreement and/or planning conditions.
6.8.2 Policy T1 (Development and Sustainable Transport) indicates that the Council will promote and support new development which helps to deliver the priorities of the Staffordshire Local Transport Plans, where this is consistent with other policies. This will be achieved by ensuring that all new development is located where the highway network can satisfactorily accommodate traffic generated by the development or can be improved as part of the development.
6.8.3 Paragraph 32 of the NPPF advises that all developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether safe and suitable access to the site can be achieved for all people.
Policy Assessment
6.8.4 Considerable highway entrance and driveway improvements have recently been implemented at Three Nooks Farm as part of the consented Phase 1 works. These improvements were necessary to ensure that HGV and other construction vehicles similar to the type to be used during Phase 2A, can safely access the site.
6.8.5 An appropriate highway route suitable for HGVs (and smaller vehicles) has been defined and agreed as part of Phase 1. The applicant proposes to utilise this for implementation of
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the Phase 2A operations.
6.8.6 The transport statement in section 3.12 of this document includes an estimation of the type and number of vehicle movements that would be generated during the 20 week construction period. A total of 32 HGV and 380 car and van two-ways movements are expected to be generated. However, when these vehicle trips are spread throughout the duration of the construction period, it can be concluded that any impact on the local highway network would be negligible. Therefore, the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
Policy Summary
6.9.1 Policy 24 of the Staffordshire and Stoke-on-Trent Minerals Local Plan states that prior to the determination of a planning application for any mineral development, which may affect a feature or area of known or potential archaeological interest, or its setting, the applicant(s) will be required to submit an archaeological evaluation of the full effects of the proposal by a competent person or body. This will be based on documentary research, site investigations and if necessary, trial excavations.
6.9.2 Paragraph 128 of the NPPF states that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum, the relevant historic record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes or has the potential to include heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.
Policy Assessment
6.9.3 The archaeology and cultural heritage sub-section of section 3 of the Environmental Report confirms that based on the nature of planned construction activities, very limited potential exists to interact with (and therefore impact upon) known assets, or to encounter undiscovered buried remains during the works. Therefore, no significant impacts on archaeology are predicted to occur on historic assets during construction of the scheme. Based on this evidence, it can be concluded that the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
6.10.1 Policy SD4 (Pollution and Flood Risk) of the Staffordshire Moorlands Core Strategy highlights that the Council will ensure that the effects of pollution (air, land, noise, water, light) are avoided or mitigated by refusing schemes which are deemed to be (individually or cumulatively) environmentally unacceptable and by avoiding unacceptable amenity impacts
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by refusing schemes which are pollution-sensitive adjacent to polluting developments, or polluting schemes adjacent to pollution sensitive areas, in accordance with national guidance.
6.10.2 Paragraph 103 of the NPPF advises that when determining planning applications, local planning authorities should ensure that flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where they are informed by a site-specific flood risk assessment. Paragraph 109 also states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability.
Policy Assessment
6.10.3 The geology and hydrology subsection of section 3 of the Environmental Report confirmed that there would be no risk of flooding at the site, and the nature of the proposed development would not result in the opening of pollution pathways to groundwater.
6.10.4 Provision has been made within the design to control and manage operational surface water at the site and this would be achieved through the installation strip drains which would connect to the farmer’s existing slurry lagoon.
6.10.5 Based on the above evidence, it can be concluded that no significant impacts are predicted with regards to geological and hydrological resources during either the construction or operational phases. Therefore, the proposed development does not conflict with the relevant policies in the development plan or those documents that constitute material considerations.
Seven Star Natural Gas Limited 32 Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02 Three Nooks Farm: Phase 2A
7.1.1 This document has described the application site, provided an overview of the proposed development and using the evidence presented in the Environmental Report, assessed how it performs against the relevant policies in the development plan and those documents that constitute material planning considerations.
7.1.2 At the outset, it is important to highlight that planning permission was granted by SCC in 2013 for a gas processing and energy generation development at Three Nooks Farm. Whilst it is recognised that the proposed Phase 2A development is slightly different to the extant permission, in that the footprint of the development has reduced and the orientation and siting of the equipment has altered, the principle of accommodating a gas processing and energy generation development at this location has already been established. Notwithstanding this, the applicant recognises that each planning application has to be considered on its merits and in the context of the development plan and those material considerations that exist at the time of the application. In response, this Planning Statement has provided a detailed assessment of how the proposed development performs against the development plan and those policy and guidance documents that constitute material considerations. It can be concluded that although the proposed development does have the potential to generate some adverse effects both during the construction phase and once the gas processing and energy generation equipment becomes operational, any effects would not be significant. Furthermore, any predicted minor adverse effects should be considered in the context of the benefits of the proposed development, in terms of its valuable contribution towards meeting the UK’s current energy demands and helping to secure its future supplies.
7.1.3 It can be concluded that on balance, the proposed development does not conflict with the relevant policies in the development plan and those documents that constitute material considerations. Based on this and the fact that a similar development was approved on the same site in 2013, there is very strong case for the scheme. Accordingly, it is recommended that Staffordshire County Council grant planning permission for the proposed development, subject to the imposition of any conditions deemed relevant.
Seven Star Natural Gas Limited 33 Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02 Three Nooks Farm: Phase 2A
Seven Star Natural Gas Limited 34 Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02 Three Nooks Farm: Phase 2A
Seven Star Natural Gas Limited 35 Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02 Three Nooks Farm: Phase 2A
Seven Star Natural Gas Limited 36 Three Nooks Farm Phase 2A – Planning Statement RSK/M/41396-03-Rev02