Sustainable Development Supplementary Planning Document
Consultation Statement March 2015
1.0. Introduction
1.1. The purpose of the Sustainable Development Supplementary Planning Document (SPD) is to provide guidance to potential applicants and council officers on issues relating to sustainable development, issues such as water resources, biodiversity and energy.
1.2. In September 2009 the Council adopted its first Sustainable Development SPD which covered issues relating to energy and carbon dioxide emissions, water resources, surface water run-off, material selection, biodiversity, waste and implementation.
1.3. In October 2013 the Council agreed the scope of a partial review of the Local Development Framework. One of the areas for review was to provide more detailed guidance on matters relating to renewable energy technologies. Following a Member workshop in June 2014 it was agreed that the best way to achieve this was to review and expand the 2009 SPD.
2.0. Consultation
2.1. On 16 December 2014 Cabinet agreed to consult on a revised Sustainable Development SPD. The consultation period ran from 19 December 2014 to 30 January 2015. A total of 371 people or organisations were consulted (appendix 1) and a total of fifteen responses were received from organisations (Appendix 2).
2.2. The consultation was advertised on the Council’s website. Copies of the draft SPD were available for inspection at the Council’s offices and libraries throughout the district. A Statement of SPD Matters was also published, which detailed how representations could be made and by what date. Copies of the SPD and the Statement of SPD Matters were also available on the Council’s website and hard copies were available free upon request.
2.3. Of the fifteen responses received, nine suggested minor wording changes to the document. The remaining five respondents did not suggest any changes. There were no main issues raised through the consultation. The majority of the suggested textual changes related to the sections on renewable energy and were of a technical nature. A final SPD with the minor wording changes was reported back to Council Members on 17 March 2015.
Appendices
Appendix 1 List of those consulted
Appendix 2 Consultation responses APPENDIX 1
Firstname Lastname JobTitle Organisation William Comery Community Affairs Manager 3 K Greensit Clerk to Ainderby Mires with Holtby Parish Council H Myers Chairwoman Ainderby Steeple Parish Meeting R H Atkinson Clerk to Aiskew & Leeming Bar Parish Council S Catterall Chairman Aislaby & Newsham Parish Meeting C Stroud Clerk to Aldwark Parish Council Nigel Knapton Clerk to Alne Parish Council Ancient Monuments Society R Buffey Chairman Angram Grange Parish Meeting Tanya Cook Clerk to Appleton East and West Parish Meeting Leonie Smith Clerk to Appleton Wiske Parish Council H Dawson Appleton Wiske Preservation Society PE Palmer Chairman Asenby Parish Council Iona Taylor Clerk to Azerley Parish Council C Meville Clerk to Bagby and Balk Parish Council Norman Clegg Clerk to Baldersby Parish Council Paul Butler Planning Manager Barratt Homes Dan Mitchell Planner Barton Willmore Daniel Hatcher Planner Barton Willmore JBA Consulting Bedale & Upper Swale Int Drainage Board Malcolm Tempest Bedale Conservation Area Advisory Group Richard Howard Clerk to Bedale Town Council James Cowen Bellway Homes G Wilson Chairman Beningbrough Parish Meeting P Smith Clerk to Bilsdale Midcable Parish Council G Turnbull Chairman Birkby Parish Meeting Harry Nellis Clerk to Boroughbridge Town Council K Crewdson Clerk to Borrowby Parish Council R Clements Clerk to Brafferton Parish Council Susan Ward Clerk to Brandsby-cum-Stearsby Parish Council British Gas British Telecom G Ramsden British Waterways Rob Brittain Development Manager Broadacres Housing Assn Ltd Andrew Garrens Broadacres Housing Association Fiona Coleman Broadacres Housing Association P Atkin Clerk to Brompton Parish Council Burneston, Swainby-with-Allerthorpe and Theakston R H Atkinson Clerk to Parish Council K Lister Clerk to Burrill-with-Cowling Parish Council S Simpson Chairman Burton on Yore Parish Meeting Harry Siepmann CAA Aerodrome Standards Department K Hale Campaign to Protect Rural England M Garnett Secretary Hambleton Dist Committee Campaign to Protect Rural England R Ford Chairman Carlton Husthwaite Parish Meeting G Howells Clerk to Carlton Miniott Parish Council Linda Scarlett Clerk to Carlton Parish Council John Goodwin Carter Jonas Paul Leeming Carter Jonas LLP H Barden Clerk to Carthorpe Parish Council Diane Kirkham Clerk to Catterick Parish Council C Baker Clerk to Catterick Village Parish Council P Howes Chair Catton Parish Meeting L Harrison Clerk to Cawton, Coulton & Grimstone Parish Council Chris Moody CE Electric John Barnett Director of Customer Operations CE Electric UK Nick Hall Managing Director Clannet Cleveland Police HQ Matt Millington Biodiversity Officer Countryside Service Heritage & Environment Sec on C Wyn-Jones Acting Clerk Coxwold Parish Council Rachel Gauld Clerk Crakehall with Langthorne Parish Council M Orr Chairman Crathorne Parish Meeting Guy Chothia Clerk to Crayke Parish Council T Swiers Clerk to Cundall with Leckby Parish Council
Page 1 Firstname Lastname JobTitle Organisation J Nellis Chairman Dalby-cum-Skewsby Parish Meeting Margaret Lowther Clerk to Dalton on Tees Parish Council B Ward Clerk to Dalton Parish Council S Dale Clerk to Danby Wiske with Lazenby Parish Council Emma Wilkinson Planning Officer Darlington Borough Council S Petch Dept of Development Services Darlington Borough Council Valerie Adams Principal Planning Officer Darlington Borough Council M A J Watson Senior Estates Adviser Defence Estate Clare Hetherington Defence Infrastructure Organisation Dick Bowdler Dick Bowdler Associates Suzanne Beattie Chairman Dishforth Parish Council P Thompson Chairman Dunsforth Parish Meeting Durham Constabulary HQ Heather Moorhouse Chairwoman Easby Parish Meeting M Clarke Easingwold Neighbourhood Plan Group Claire Armitage Clerk to Easingwold Town Council L Camburn Clerk to East Cowton Parish Council J Allan Clerk to East Harlsey Parish Council Sarah Sayer Clerk to East Witton Parish Council L Wilkinson Parish Meeting Representative Eldmire with Crakehill Parish Meeting John Thompson Clerk to Ellerton on Swale Parish Council S Simpson Clerk to Ellington High & Low Parish Council Stephen Harris Principal Consultant Emery Planning Partnership Ltd Ruth Collins Energy Efficiency Advice Centre Ian Lyle Director England & Lyle Ian Smith English Heritage Katherine Britton Entec UK Ltd Thomas Pagett Planning Liaison Officer Environment Agency Nick Pedder Environment Agency Ruth Gibbon Clerk to Eryholme Parish Council M Stead Clerk to Exelby, Leeming & Newton Parish Council A Salmon Chairman Faceby Parish Meeting I Akhurst Chairman Farlington Parish Meeting Head of Planning First/Keolis TransPennine Ltd Mick Hoban Forestry Commission D Fullwood Clerk to the Boards Foss Internal Drainage Board Jemma Benson Future Energy Yorkshire George F White W Alderson Parish Meeting Representative Girsby Parish Meeting Sean English Operations Director Grand Central Railway Company Ltd Susan Thompson Clerk to Great and Little Broughton Parish Council J McLuckie Clerk to Great Ayton Parish Council N Hugill Representative Great Busby Parish Meeting H Firth Chairman Great Langton Parish Meeting Great Ouseburn, Thorpe Underwood and Kirby Hall Z Hopps Clerk to Parish Council B Bradley Clerk to Grewelthorpe PC Clerk to Guisborough Town Council K Greensit Clerk to Hackforth Combined Parish Council Joy Swithenbank Hambleton District Council John Warren Hambleton District Council Hambleton, Richmondshire and Whitby Clinical Vicky Playdell Shadow Accountable Officer Commissioning Group D Sykes Director of Technical Services Harrogate Borough Council Simon Hartley Principal Planner Harrogate Borough Council James Langler Harrogate Borough Council M Moran Clerk to Haxby Town Council Laura O'Dea HCA Abdul Rabat HCA David Curtis Regional Director HCA Neil Swain Helperby Hall Estates Sandra Windross Clerk to Helperby Parish Council Highways Sarah Watson-Quirk Forward Plans Manager Highways Agency A Brown Highways Agency
Page 2 Firstname Lastname JobTitle Organisation Nick Whitford Highways Agency Simon Jones Network Planning Manager Highways Agency L Foster Clerk to Hillside Parish Council S McCourt Parish Meeting Representative Holme Parish Meeting James Stevens Strategic Planner Home Builders Federation Ltd Matthew Good Planning Manager – Local Plans Home Builders Federation Ltd Ann Barker Senior Information Officer Homes and Communities Agency Anna Crooks Strategy and Information Officer Homes and Communities Agency Terence Fish Clerk to Hornby Parish Meeting J Wood Clerk to Hovingham & Shackleton Parish Council Parish Council Paul Jackson Howardian Hills AONB JAC G Littleboy Chairman Howe Parish Meeting Nigel Knapton Clerk to Huby Parish Council C Fenwick Clerk to Husthwaite Parish Council Richard Irving ID Planning J Wright Clerk to Ingleby Arncliffe Parish Council M Bowes Clerk to Ingleby Greenhow Parish Council Nigel Knapton Clerk to Kilburn Parish Council M Cook Chairperson Kildale Parish Meeting R Atkinson Chairman Kiplin Parish Meeting M Rae Clerk to Kirby Hill & District Parish Council Kirby Wiske and Newsham with Breckenbrough Parish Michelle Juden Clerk to Council C Mitton Clerk to Kirkby Fleetham with Fencote Parish Council L Smith Clerk to Kirkby Parish Council M Frew Kirkby-in-Cleveland Parish Council Kirklevington & Castle Leavington Parish Council E Craddock Clerk to Kirklington with Sutton Howgrave Parish Council C Hudson Clerk to Knayton-with-Brawith Parish Council N Everard Kyle and Upper Ouse Drainage Board Jeremy Owen Principal Environmental Planner Land Use Consultants Noel Collings Leeds City Council W Frost Clerk to Linton-on-Ouse Parish Council H Fletcher Chairman Little Ayton Parish Meeting N Hugill Chairwoman Little Busby Parish Meeting Kate Gray Local Access Forum J Crute Clerk to Low Dinsdale Parish Council Simon Warwick Lower Ure Conservation Group Rachel Hambury Senior Marine Officer Marine Management Organisation S Ward Chairwoman Marton-cum-Moxby Parish Meeting J Ellis Clerk to Masham Parish Council Maunby, Newby Wiske and South Otterington Parish Michelle Juden Clerk to Council C Hawking Head of Public Protection & Planning Middlesbrough Borough Council Martin Coleclough Urban Policy & Implementation Unit Middlesbrough Borough Council Regenera on Services James Edwards Clerk to Middleton St George Parish Council Tim Williams Area Planning manager miller homes Ginny Hall Senior Planner Mobile Operators Association Mark Pickering Clerk to Moor Monkton Parish Council V Twibill Clerk to Morton-on-Swale Parish Council J Midsummer Rep Myton-on-Swale Parish Meeting Neil Morton Nathaniel Lichfield & Partners Julian Austin Consultant Town Planner National Grid c/o Amec National Grid Plant Protection Jenny Ludman National Trust Colin Holm Natural England Merlin Ash Natural England David Carter Natural England Zoe Buddle Lead Advisor, Government Team Natural England Customer Relations Department NEDL MacMan Clerk to Nether Poppleton Parish Council Richard Thompson Principle Network Planner Network Rail David Morgan Senior Network Planner Network Rail Infrastructure Limited
Page 3 Firstname Lastname JobTitle Organisation Jill Stephenson Network Rail Infrastructure Limited C Patmore Acting Chairwoman Newburgh Parish Meeting Geoff Marron Clerk to Newby Parish Council Bob Sampson Clerk to Newton Le Willows Parish Council Karen Morris Clerk to Newton-on-Ouse Parish Council Next Generation Ltd NHS Trust Development Authority Nick Farrell Director Nick Farrell & Company Ltd P Burgess Nidderdale AONB Lucy Hopwood Lead Consultant NNFCC A Hughes Clerk to North Cowton Parish Council Iona Taylor Clerk to North Stainley with Sleningford PC Sarah Housden National Park Officer North York Moors National Park R Wood Sustainable Development Officer North York Moors National Park Jane Davies North York Moors National Park Barry Hearsey Planning Policy Officer North York Moors National Park Authority Caroline Skelly Planning Policy Officer North York Moors NP Margaret Vigors North Yorkshire Ambulance Service Headquarters John Derwent North Yorkshire Bat Group North Yorkshire Building Control Partnership Assistant Director Economic & Rural Sustainability Andrew Harker North Yorkshire County Council Department Carl Bunnage Regional and Strategic Policy Team Leader North Yorkshire County Council Melissa Burnham Senior Engineer - LDF North Yorkshire County Council Roger Fairholm Corporate Asset manager North Yorkshire County Council Pam Johnson North Yorkshire County Council Carolyn Bird Assistant Director, Strategic Services North Yorkshire County Council Wendy Saunders NYSP North Yorkshire County Council - Corporate Policy Tony Lewis Traffic Management and Development Engineer North Yorkshire County Council Highways A Bainbridge North Yorkshire County Council Highways R Allen North Yorkshire County Council, Children and Young
Jo Burgess Community Education Service North Yorkshire County Council, Community Educatio
N Bell North Yorkshire County Council, Community Educatio
G Falkingham County Archaeologist North Yorkshire County Council, County Archaeologi North Yorkshire County Council, Economic Carol Renham Economic Development Development S Smith Extended Schools North Yorkshire County Council, Extended Schools Ronnie Robertson Heritage Unit North Yorkshire County Council, Heritage Unit B Mason North Yorkshire County Council, Highways Tim Coyne North Yorkshire County Council, Highways Nigel Smith North Yorkshire County Council, Highways R Owens North Yorkshire County Council, Passenger Transport
Clive Hopkinson Passenger Transport Unit North Yorkshire County Council, Passenger Transport N Revely Social Services North Yorkshire County Council, Social Services Michael Davies North Yorkshire Fire & Rescue Service North Yorkshire Fire and Rescue Service North Yorkshire Fire and Rescue Service John Trueman PC 23 North Yorkshire Police Chris Green Architectural Liaison Officer North Yorkshire Police K Brooks North Yorkshire Police Amanda Oliver North Yorkshire Police Administration Section North Yorkshire Police Headquarters North Yorkshire Police Mike Jones Development Business Analyst, Strategic Sv Police Headquarters Sue Fraser Clerk to Northallerton Town Council Tony Pearson Head of Planning Northern Gas Networks Northern Powergrid
Page 4 Firstname Lastname JobTitle Organisation Michael O'Brien New Development Team (Planning) Northumbrian Water Limited Programme Coordinator Steve Wharton Northumbrian Water Ltd New Development S Simpson Chairman Norton Conyers Parish Meeting John Ainslie nPower Renewables A Bower Npower Renewables Ltd J Mackman Clerk to Nun Monkton Parish Council J Parnet Clerk to Nunthorpe Parish Council Rita Lawson Agricultural Development Officer NYCC (Economic Development) Mark Ashton Strategic Planning Manager NYCC Children & Young People Julia Casterton Principal Ecologist NYCC Heritage & Environment Section Lucie Hawkins Development Control Archaeologist NYCC Heritage & Environment Section R Smith Principal Minerals Officer NYCC Minerals & Waste Planning Malcolm Barnett NYCC Countryside Service O2 Peter Foster Head of Acquisition O2 Rachael Durrett Head of Corporate and Industry Relations Office of Rail Regulation Orange W L B Cragg Clerk to Osmotherley Area Parish Council M Sheard Oulston Parish Meeting W Alderson Representative Over Dinsdale Parish Meeting Patricia Jeffrey Chairwoman Overton Parish Meeting P Smith Clerk to Patrick Brompton Parish Council John Kirkham Strategic Land & Planning Director Persimmon Homes Yorkshire J Barningham Clerk to Pickhill with Roxby and Sinderby Parish Council Pam Williamson Chairwoman Picton Parish Meeting Stuart Liddington Planning Inspectorate Steve Barker Prism Planning Mike Halladay Clerk to Rainton with Newby Parish Council Nigel Knapton Clerk to Raskelf Parish Council R Kidd Directorate of Area Mgmt Planning Services Redcar & Cleveland Borough Council Robin Buckley Planning Manager Redrow Homes K Adderley Renewable UK Emma Lundberg Programme Officer Richmondshire District Council John Hiles Senior Policy Officer Richmondshire District Council Mark Robson Richmondshire District Council A Lambert Clerk to Romanby Parish Council Anne Simpson Chairman Rounton Parish Council Neil Wells Assistant Consultant Royal Mail c/o DTZ J Pyle Clerk to Rudby Parish Council Head of Policy Rural Housing Trust Rob Hindle Director Rural Solutions Jill Thompson Head of Planning Services Ryedale District Council Lance Saxby Local Support Project Manager Ryedale Energy Conservation Group S Fraser Clerk to Sandhutton Parish Council David Walker Scarborough Borough Council Vicki Raven Clerk to Scorton Parish Council R C Barron Clerk to Scruton Parish Council G Taylor Clerk to Seamer Parish Council J Oyston Clerk to Sessay Parish Council J Kitching Chairwoman Sexhow Parish Meeting B Taylor Clerk to Sherriff Hutton Parish Council W Frost Clerk to Shipton Parish Council E Robson Clerk to Siltons and Kepwick Parish Council I Drake Clerk to Skelton Parish Council A Kitching Clerk Skipton-on-Swale Parish Meeting C Copeland Smeaton with Hornby Parish Council S Lowe Clerk to Snape with Thorp Parish Council Social Services 'Supporting People' Society Protection Ancient Buildings I Riddell Chair Sockburn Parish Meeting G Fox Clerk to South Kilvington Parish Council Hospital Manager South Tees Hospitals NHS Trust I De Wet Clerk to Sowerby Parish Council Darren Hendley Sport England
Page 5 Firstname Lastname JobTitle Organisation M Newbould Clerk to Stainton & Thornton Parish Council R Brown Clerk to Stillington Parish Council Rosemary Young Spatial Planning Manager Stockton on Tees Borough Council H Charman Stokesley Conservation Area Advisory Group J McLuckie Clerk to Stokesley Parish Council Chris Fordy Strutt & Parker S Towers Sustainable Development Theme Group Sue Bracewell Clerk to Sutton on the Forest Parish Council I De Wet Clerk to Sutton-under-Whitestonecliffe Parish Council Iona Taylor Clerk to Tanfield Parish Council B Ross Tees Valley Housing Group Telefonica O2 UK Limited A Hartas Clerk to Terrington Parish Council Rachael Bust Chief Planner / Principal Manager The Coal Authority Rose Freeman The Theatres Trust Nick Sandford The Woodland Trust A Turner Clerk to Thirkleby High and Low with Osgodby Parish Council J Binns Clerk to Thirlby Parish Meeting I De Wet Thirsk & Sowerby Conservation Area Advisory Group M I'Anson Thirsk Community Woodlands Group T Hardwick Thirsk Group of Drainage Boards Howard Kemp Clerk to Thirsk Town Council S Halstead Representative Tholthorpe Parish Meeting B Dodd Chairman Thormanby Parish Meeting Maureen Ayre Clerk to Thornton Steward Parish Meeting Thornton Watlass, Burrill-with-Cowling, Thirn, Clifton- Kathryn Lister Clerk to on-Yore and Rookwith Parish Council Thornton-le-Beans and Crosby/Cotcliffe Joint Parish I Hunter Clerk to Council Thornton-le-Moor and Thornton-le-Street Parish J Shipley Clerk to Council W Raper Chairman Thornton-on-the-Hill Parish Meeting A Duffus Representative Thrintoft Parish Meeting John Carwardine Community Affairs Manager T-Mobile Nigel Knapton Clerk to Tollerton Parish Council C A Defty Clerk to Topcliffe Parish Council D Logan Transco Vale of York Clinical Commissioning Group Brian Truman National Planning Manager Vodafone A Hamnett Chairman Warlaby Parish Meeting S Simpson Chairman Wath Parish Meeting C Wheatley Clerk to Welbury Parish Council J Hamby Clerk to Well Parish Council Peter Barfoot Chairman Whenby Parish Meeting Nigel Knapton Clerk to Whorlton Parish Council I Cuthbertson Clerk to Wiggington Parish Council Erica Cornish Chairwoman Wildon Grange Parish Meeting J C M Staples Clerk to Worsall Parish Council I Curtis Representative Yafforth Parish Meeting P Woods Clerk to Yarm Town Council M Liddle Chairwoman Yearsley Parish Meeting Martin Elliot Planning Manager York & North Yorkshire Partnership Unit J Roberts Directorate of Development Services York City Council Andrew Leeming York, North Yorkshire & East Riding LEP Yorkshire & the Humber Strategic Health Authority Peter Stockton Strategic Plannning Officer Yorkshire Dales National Park Authority Martin McLachlan Eastern Area ALO Coordinator Yorkshire Police Stephanie Walden Land Use Planning Manager Yorkshire Water Matt Gibson Senior Development Planne Yorkshire Water Services Ltd Sara Robin Conservation Officer (Planning) Yorkshire Wildlife Trust
Page 6 APPENDIX 2
Response Organisation Respondent 1 Civil Aviation Authority Mark Deakin 2 Council for the Protection of Rural England Miles Garnett 3 Dick Bowdler Acoustics Dick Bowdler 4 Easingwold Town Council Claire Armitage 5 English Heritage Ian Smith 6 The Environment Agency Nick Pedder 7 Hambleton Dictrict Council Environmental Health Department Joy Swithenbank 8 Hambleton Dictrict Council Environmental Health Department John Warren 9 The Highways Agency Simon Jones 10 Howardian Hills AONB Paul Jackson 11 Natural England Merlin Ash 12 North Yorkshire Building Control Partnership Michelle Lanaghan 13 North Yorkshire County Council Rachel Wigginton 14 Prism Planning Rod Hepplewhite 15 The Coal Authority Rachael A Bust
Page 1 1
Christopher Stanek
From: Windfarms
Good Morning,
Many thanks for your email and the opportunity to comment.
The Commercial Wind Energy aviation section of the document is reproduced below, with my suggestions in red. Of note, I have suggested changing the title from ‘Radar’ to ‘Aviation’ as there are a number of ways windfarms impact aviation, not just through their effect on radar.
Aviation:Radar: Windfarms have the potential to interfere with aviation activities, with some schemes having being refused on these grounds alone. Early dialogue with the Civil Aviation Authority, National Air Traffic Service, and/or Ministry of Defence and other aviation stakeholders is essential to avoid any minimise objections at a later stage. The Local Planning Authority can provide the latest aerodrome safeguarding area maps to help identify any potential aviation receptors.
For your information, the CAA Policy and Guidance on Wind Turbines is contained in the CAP 764, which can be obtained from the CAA Website at the following address: CAP 764 Version 5. In addition, the CAA, through the Airspace and Safety Initiative Windfarm Working Group, have published the following Guidance for Planning Authorities.
If you feel it would be worthwhile, feel free to refer to either or both of these documents in the text or in the relevant ‘Useful Links’ box.
Kind Regards,
Mark
Mark Deakin Squadron Leader (RAF)
Surveillance and Spectrum Management Safety and Airspace Regulation Group Civil Aviation Authority 45‐59 Kingsway London WC2B 6TE
From: Christopher Stanek [mailto:[email protected]] Sent: 19 December 2014 11:01 To: Windfarms Subject: FW: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Dear Sir/Madam,
Page 2 Page 3 Page 4 3
Christopher Stanek
From: Dick Bowdler Acoustics
Chris,
Just a small point - its not EU guidance – so I suggest:
Noise (including low frequency noise) can be emitted through construction, operation and decommissioning. UK guidance on construction is contained within BS 5228 Part 1 and operational noise standards are to be found within Government guidance ETSU-R-97 ‘The Assessment and Rating of Noise from Wind Farms’.
Kind regards, Dick
Dick Bowdler, Come to Wind Turbine Noise 2015 The Haven Glasgow, Scotland Low Causeway, 20th to 23rd April 2015 Culross. www.windturbinenoise.eu Fife. KY12 8HN
Web: www.dickbowdler.co.uk
From: Christopher Stanek [mailto:[email protected]] Sent: 19 December 2014 10:25 To: Christopher Stanek Subject: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Dear Consultee,
We are now consulting on a revised Sustainable Development Supplementary Planning Document (SPD), covering various aspects of delivering sustainable development through the planning system. This is a revision of the current Sustainable Development SPD which was adopted by the Council in September 2009.
In October 2013 Cabinet Members agreed the scope of a partial review of the Local Development Framework (LDF). Included within this was the need to provide more detailed policy guidance on renewable energy developments. At a Members’ Workshop in June 2014 it was agreed that the best way to achieve this was through a revision of the Council’s Sustainable Development SPD.
The adopted SPD has now been revised to include new chapters on Commercial Solar Photovoltaics, Commercial Onshore Wind, Combined Heat and Power, Anaerobic Digestion, Biomass, Hydroelectric and Microgeneration. The remainder of the SPD has been updated to bring it more in line with current guidance and best practice.
The Draft SPD has also been screened to establish if it is likely to have any significant effects on the environment. The Strategic Environmental Assessment (SEA) Screening Report indicates that the Draft SPD is unlikely to have any significant effects on the environment.
Page 5 4
Christopher Stanek
From: Claire Armitage
Hello The Town Council considered the SPD at its last meeting on 20/1/15 and agreed that it had no comments to make. With kind regards
Claire Armitage
Town Clerk Easingwold Town Council
Easingwold Library, Market Place, Easingwold, York YO61 3AN T: 01347 822422 E: [email protected]
From: Christopher Stanek [mailto:[email protected]] Sent: 19 December 2014 10:25 To: Christopher Stanek Subject: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Dear Consultee,
We are now consulting on a revised Sustainable Development Supplementary Planning Document (SPD), covering various aspects of delivering sustainable development through the planning system. This is a revision of the current Sustainable Development SPD which was adopted by the Council in September 2009.
In October 2013 Cabinet Members agreed the scope of a partial review of the Local Development Framework (LDF). Included within this was the need to provide more detailed policy guidance on renewable energy developments. At a Members’ Workshop in June 2014 it was agreed that the best way to achieve this was through a revision of the Council’s Sustainable Development SPD.
The adopted SPD has now been revised to include new chapters on Commercial Solar Photovoltaics, Commercial Onshore Wind, Combined Heat and Power, Anaerobic Digestion, Biomass, Hydroelectric and Microgeneration. The remainder of the SPD has been updated to bring it more in line with current guidance and best practice.
The Draft SPD has also been screened to establish if it is likely to have any significant effects on the environment. The Strategic Environmental Assessment (SEA) Screening Report indicates that the Draft SPD is unlikely to have any significant effects on the environment.
A meeting of Cabinet on 16 December 2014 approved the document for consultation for six weeks from 19 December 2014 to 30 January 2015. Comments on the Draft SPD should be made and received no later than Friday 30 January 2015.
I attach a copy of the Draft SPD, along with a Statement of SPD Matters and a Local Plan Update note, providing a simple guide to the current position of all of our LDF/Local Plan documents and guidance. Alternatively you can view the documents online at www.hambleton.gov.uk/spd or at any of the Council Offices or Libraries within the District.
Page 6 5
Planning Policy, Hambleton District Council, Civic Centre, Our Ref: HD/P5337/03 Stone Cross, NORTHALLERTON, Your Ref: North Yorkshire DL6 2UU Date: 26 January 2015
Dear Sirs,
Hambleton Lo cala Development v l pm n Framework: am w : Draft SSustainable a nabl Development e SSupplementary m nta y Planning Document
Thank you for consulting English Heritage about the above document. We would endorse the advice it contains insofar as it refers to the need for each of the various measures to have regard to the potential impact which they might have upon the historic environment.
The only aspect of the document which we consider needs some further reconsideration is as follows:-
The Sections on Solar Voltaics (page 13), On-Shore Wind (page 16), Combined Heat and Power (page 18), Anaerobic Digestion (page 20), and Biomass (page 23) all refer to the considerations that will need to be taken into account if the renewable energy developments would be likely to result in harm to a heritage asset. However, the requirements do not reflect the advice of the NPPF. It is suggested, therefore, that in these Sections, the text is amended to read:-
“Where harm to the heritage asset results, the proposal will need to demonstrate that there are public benefits that outweigh the harm in line with the NPPF”.
If you have any queries about this matter or would like to discuss anything further, please do not hesitate to contact me.
Yours sincerely,
Ian Smith i Historic Environment Planning Adviser (Yorkshire) Telephone: 01904 601977 e-mail: [email protected]
Page 7 6
Mr Christopher Stanek Our ref: RA/2015/131083/01-L01 Hambleton District Council Your ref: 15/00045/MRC Development Management Civic Centre Stonecross Date: 30 January 2015 Northallerton North Yorkshire DL6 2UU
Dear Mr Stanek,
Draft Revised Sustainable Development Supplementary Planning Document
Thank you for consulting us on the above document. Whilst, as a whole, we’re pleased with this SPD, we have a number of comments which we’d like to draw your attention to.
Groundwater
Although we’re pleased to see that hydrology and hydrogeology are to be considered with regard to onshore wind power generation developments, groundwater impacts appear to have been overlooked in connection with any of the other types of development covered in the document. It would be helpful to see consideration of impacts on the water environment specified in the “information required at planning application stage”.
The SuDS section on page 33 describes different types of surface water infiltration installations, but does not make it clear that these can cause groundwater pollution, or that they may be inappropriate in groundwater sensitive areas, such as source protection zones.
SuDS are promoted as a measure to prevent flooding and pollution. Presumably this latter point refers to pollution of the surface water environment, as whilst SuDS can be locally beneficial in terms of groundwater recharge, they are generally thought to have a negative impact on groundwater quality. The SPD should be altered to take account of the above.
Water Framework Directive WFD) and Humber River Basin Management Plan (RBMP)
There is no mention of the Water Framework Directive or the Humber River Basin Management Plan. It is important that the Water Framework Directive is reviewed to ensure that future development is in line with its aims and objectives, and the Humber RBMP should be reviewed for local information on individual water body status and relevant mitigation measures that the local authority and developers should consider implementing. We would object to any development which would cause deterioration in the WFD classification of any water body.
Water Resources and Drainage
We’re pleased to see a section dedicated to water resources. Our Catchment Abstraction Management Strategy (CAMS) documents could be referenced in the useful links section. Environment Agency Lateral 8 City Walk, LEEDS, LS11 9AT. Customer services line: 03708 506 506 www.gov.uk/environment-agency Cont/d.. Page 8
These give an overview of water abstraction availability at a catchment scale, and information on how abstraction licensing is managed. These are available online at: https://www.gov.uk/government/collections/water-abstraction-licensing-strategies-cams- process#yorkshire-map-area-3
Commercial solar photovoltaics
Page 13 warns of the risk from surface water run-off increase from these developments. It’s worth noting that the majority of these developments consist of solar panels attached to the ground using narrow poles. The panels are attached on a slant and are spaced apart sufficiently so as to not impede the flow or infiltration of surface water. As such, unless there is a significant amount of hardstanding associated with the development, they do not typically affect a site’s surface water run-off to a great degree.
If you have any further questions, please do not hesitate to contact me.
Yours sincerely
Nick Pedder
Planning Adviser - Sustainable Places
Phone: 0113 819 6435 Email: [email protected]
End Page 9 Page 10 Page 11 9
Christopher Stanek
From: Jones, Simon
Morning Christopher
Having gone through the statement I am content that there are no comments I wish to make on behalf of the HA. Thank you for the consultation and all the best with the rest of the responses.
Have a good Christmas and new year.
Simon Jones, Asset Development Manager Highways Agency | Lateral | 8 City Walk | Leeds | LS11 9AT Tel: +44 (0) 113 2836486 | Web: http://www.highways.gov.uk
Safe roads, reliable journeys, informed travellers Highways Agency, an executive agency of the Department for Transport. From: Christopher Stanek [mailto:[email protected]] Sent: 19 December 2014 10:25 To: Christopher Stanek Subject: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Dear Consultee,
We are now consulting on a revised Sustainable Development Supplementary Planning Document (SPD), covering various aspects of delivering sustainable development through the planning system. This is a revision of the current Sustainable Development SPD which was adopted by the Council in September 2009.
In October 2013 Cabinet Members agreed the scope of a partial review of the Local Development Framework (LDF). Included within this was the need to provide more detailed policy guidance on renewable energy developments. At a Members’ Workshop in June 2014 it was agreed that the best way to achieve this was through a revision of the Council’s Sustainable Development SPD.
The adopted SPD has now been revised to include new chapters on Commercial Solar Photovoltaics, Commercial Onshore Wind, Combined Heat and Power, Anaerobic Digestion, Biomass, Hydroelectric and Microgeneration. The remainder of the SPD has been updated to bring it more in line with current guidance and best practice.
The Draft SPD has also been screened to establish if it is likely to have any significant effects on the environment. The Strategic Environmental Assessment (SEA) Screening Report indicates that the Draft SPD is unlikely to have any significant effects on the environment.
A meeting of Cabinet on 16 December 2014 approved the document for consultation for six weeks from 19 December 2014 to 30 January 2015. Comments on the Draft SPD should be made and received no later than Friday 30 January 2015.
I attach a copy of the Draft SPD, along with a Statement of SPD Matters and a Local Plan Update note, providing a simple guide to the current position of all of our LDF/Local Plan documents and guidance. Alternatively you can view the documents online at www.hambleton.gov.uk/spd or at any of the Council Offices or Libraries within the District.
Page 12 10
Christopher Stanek
From: Paul Jackson
Chris
Many thanks for sending me the consultation documents for this revised SPD.
I don’t have any observations to make on the details contained within the revised SPD, as it appears to complement and provide clear guidance to support the Core and Development Policies within the LDF.
One element which unfortunately is outside the control of this document, and which the Development Management process often needs to deal with, is the poor quality of documentation submitted as part of a planning application. For example, Landscape and Visual Impact Assessments often ignore obvious viewpoints and down-play visual impacts, whilst developers seeking community involvement in EIA development also seems to be poor. These phenomena are not confined of course to the Hambleton District, and they are a bug-bear of AONB Units across the country, but a tough approach to quality control of documents submitted as part of a planning application will help to ensure that the principles of the SPD are followed.
Paul Jackson Howardian Hills AONB Manager The Mews, Wath Court Hovingham York YO62 4NN
Tel: 0845 034 9495 /
Web: www.howardianhills.org.uk
From: Christopher Stanek [mailto:[email protected]] Sent: 19 December 2014 10:25 To: Christopher Stanek Subject: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Dear Consultee,
We are now consulting on a revised Sustainable Development Supplementary Planning Document (SPD), covering various aspects of delivering sustainable development through the planning system. This is a revision of the current Sustainable Development SPD which was adopted by the Council in September 2009.
Page 13 11 Date: 30 January 2015 Our ref: 142819
Christopher Stanek Customer Services Hambleton District Council Hornbeam House [email protected] Crewe Business Park Electra Way Crewe . Cheshire CW1 6GJ BY EMAIL ONLY T 0300 060 3900
Dear Christopher Stanek
Draft Hambleton Sustainable Development Supplementary Planning Document (December 2014)
Thank you for your consultation on the above dated 19 December 2014.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Our remit includes biodiversity and protected species, geodiversity, landscape character and quality, greenspace, access to the countryside and other greenspace, soil conservation and environmental land management.
Natural England broadly welcome the consideration of biodiversity and landscape and visual impacts in the new chapters on Commercial Solar Photovoltaics, Commercial Onshore Wind, Combined Heat and Power, Anaerobic Digestion, Biomass, Hydroelectric and Microgeneration.
Commercial Solar Photovoltaics With regards to impacts on biodiversity we would welcome reference to the potential for impacts on functionally connected land for birds which are a designated features of Sites of Special Scientific Interest (SSSIs) and/or Special Protection Areas (SPAs). SSSI and SPA birds, such as golden plover, can travel several kilometres from the sites for which they are a designated feature to breed, roost, forage etc and can be disturbed and displaced by Commercial Solar Photovoltaic arrays when they are located in areas of suitable habitat.
We would also welcome specific reference, within the section on Landscape and visual impacts, to the protecting the special qualities and setting of the North York Moors and Yorkshire Dales National Parks and Howardian Hills and Nidderdale Areas of Outstanding Natural Beauty (AONB).
We note and welcome the identification of potential impacts on Public Rights of Way and the list of information required at planning application stage.
Commercial Onshore Wind Natural England welcome the reference to consulting us, the North York Moors National Park Authority and Yorkshire Dales National Park authority with regards to landscape and visual impacts but, as with solar photovoltaics we would welcome mention of the protecting the special qualities and setting of the two National Parks as well as the Howardian Hills and Nidderdale AONBs.
We note and welcome the sections on Cumulative impacts, Ecology/ornithology (particularly the reference to net gains) and Information required at planning application stage.
Page 14 Combined Heat and Power and Biomass Natural England would like to see consideration of air quality sensitive habitats including SSSIs and Natura 2000 Sites with regards to the sections on Pollution. In addition, as with Commercial Solar Photovoltaics and Commercial Onshore Wind above we would welcome reference to protecting the special qualities and setting of National Parks and AONBs with regards to the Landscape and Visual Impacts sections.
Anaerobic Digestion Similarly to Combined Heat and Power we would welcome consideration of air quality impacts, particularly ammonia, on air quality sensitive habitats. For reference please find a link to an Environment Agency factsheet on Ammonia and nature conservation: http://webarchive.nationalarchives.gov.uk/20140328084622/http://www.environment- agency.gov.uk/static/documents/Business/Ammonia fact sheet.pdf
We would welcome reference to protecting the special qualities and setting of National Parks and AONBs under the Landscape and Visual Impacts subheading.
Hydroelectric Natural England broadly welcomes the sections on Landscape and visual impact and Ecology but would welcome reference to protecting the special qualities and setting of National Parks and AONBs and hydrological impacts on water dependent habitats including SSSIs and Natura 2000 Sites.
Microgeneration We have no further comments on this section.
Strategic Environmental Assessment/Habitats Regulations Assessment In principle SPDs should not be subject to the Strategic Environmental Assessment Directive or the Habitats Directive because they do not normally introduce new policies or proposals or modify planning documents which have already been subject to a Sustainability Appraisal or Habitats Regulations Assessment. However a SPD may occasionally be found likely to give rise to significant effects which have not been formally assessed in the context of a higher level planning document. This may happen, for example, where the relevant high level planning document contains saved policies within a saved local plan which predates the need to carry out a SA or HRA and therefore no higher tier assessment has taken place.
In this case however, it is our advice, on the basis of the material supplied with the consultation, that, in so far as our strategic environmental interests are concerned (including but not limited to statutory designated sites, landscapes and protected species, geology and soils), that there are unlikely to be significant environmental effects from the proposed plan.
For any queries relating to the specific advice in this letter only please contact Merlin Ash on 0300 060 4271 For any new consultations, or to provide further information on this consultation please send your correspondences to [email protected].
We really value your feedback to help us improve the service we offer. We have attached a feedback form to this letter and welcome any comments you might have about our service.
Yours sincerely
Merlin Ash Yorkshire and Northern Lincolnshire Area Team
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Christopher Stanek
From: Les Chapman
Hi Christopher
I asked Michele to review this and she as no issues with the content and can’t see and errors.
Regards
Les Chapman MRICS MCIM. Head of Building Control
Delivering Local Authority Building Control Services in Hambleton, Richmondshire, Ryedale, Scarborough and Selby
Suite 2 Coxwold House, Easingwold Business Park, Easingwold, YORK, YO61 3FB Tel: 01347 822703 Web site: www.nybcp.org
P Please consider the environment and do not print this email unless absolutely necessary.
DISCLAIMER
This email (and any files transmitted with it) may contain confidential or privileged information and is intended for the addressee only. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or any action taken is prohibited and may be unlawful - you should therefore return the email to the sender and delete it from your system.
From: Michelle Lanaghan Sent: 05 February 2015 14:26 To: Les Chapman Subject: RE: Hambleton Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document
Hi Les I can’t see any problems with these.
Cheerio, Michelle
Michelle Lanaghan. BSc (Hons), MRICS, MCMI. Senior Building Control Surveyor
Delivering Local Authority Building Control Services in Hambleton, Richmondshire, Ryedale, Scarborough and Selby
Suite 2 Coxwold House, Easingwold Business Park, Easingwold, YORK, YO61 3FB Tel: 01347 825761 Web site: www.nybcp.org
Please consider the environment and do not print this email unless absolutely necessary.
DISCLAIMER
Page 16 Page 17 House of Commons: Written Statement (HCWS161)
Department for Communities and Local Government
Written Statement made by: The Secretary of State for Communities and Local Government (Mr Eric Pickles) on 18 Dec 2014.
Sustainable drainage systems
As part of the Government’s continuing commitment to protect people and property from flood risk, my Department and the Department for Environment, Food and Rural Affairs recently consulted on a proposal to make better use of the planning system to secure sustainable drainage systems. Today we are publishing our response to the consultation explaining how we will be strengthening existing planning policy. This will make clear that the Government’s expectation is that sustainable drainage systems will be provided in new developments wherever this is appropriate.
To this effect, we expect local planning policies and decisions on planning applications relating to major development - developments of 10 dwellings or more; or equivalent non-residential or mixed development (as set out in Article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010) - to ensure that sustainable drainage systems for the management of run-off are put in place, unless demonstrated to be inappropriate.
Under these arrangements, in considering planning applications, local planning authorities should consult the relevant lead local flood authority on the management of surface water; satisfy themselves that the proposed minimum standards of operation are appropriate and ensure through the use of planning conditions or planning obligations that there are clear arrangements in place for ongoing maintenance over the lifetime of the development. The sustainable drainage system should be designed to ensure that the maintenance and operation requirements are economically proportionate.
To protect the public whilst avoiding excessive burdens on business, this policy will apply to all developments of 10 homes or more and to major commercial development. The Government will keep this under review, and consider the need to make adjustments where necessary. The current requirement in national policy that all new developments in areas at risk of flooding should give priority to the use of sustainable drainage systems will continue to apply.
These changes will take effect from 6 April 2015. For avoidance of doubt this statement should be read in conjunction with the policies in the National Planning Policy Framework. This statement should be taken into account in the preparation of local and neighbourhood plans, and may be a material consideration in planning decisions.
To support local authorities in implementing these changes, we will publish revised planning guidance in time for the policy changes to take effect, and engage with local government on a capacity building programme.
My Department will today begin consulting on a proposal to make lead local flood authorities a statutory consultee on planning applications for surface water management; and makes changes to the statutory consultee role of the Environment Agency to better reflect the Agency’s strategic expertise and reflect the new responsibilities for local flood management exercised by lead local flood authorities.
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14
Our Ref: 515/15/RDH
Mr Christoper Stanek Planning Policy and Conservation Hambleton District Council Civic Centre Stone Cross Northallerton North Yorkshire DL6 2UU
Date 23rd January 2015
Dear Mr Stanek,
Re: Hambleton Local Plan/Local Development Framework: Draft Revised Sustainable Development Supplementary Planning Document (Anaerobic Digestion Chapter)
I refer to your letter of 19th December regarding that above and inviting comments on the draft SPD. In this regard, we act for the Stokesley based business, JFS & Associates, who promote, develop and operate anaerobic digestion (AD) and associated combined heat and power (CHP) plants throughout the Northern Region. We make the following comments on their behalf, the representations referring only to the Anaerobic Digestion chapter (pages 20-21) of the SPD.
Suggestion for a new introductory section We consider that a section should be inserted at the beginning of the section setting out the Government’s commitment to encouraging a significant growth in the use of anaerobic digestion and increasing energy from waste through anaerobic digestion. Reference in the introductory paragraph should be made to the general support expressed in the National Planning Policy Framework in particular paragraph 17: “support the transition to a low carbon future in a changing climate, … and encourage the reuse of existing resources and the use of renewable resources (for example, by the development of renewable energy)”; and paragraph 93: “supporting the delivery of renewable and low carbon energy and associated infrastructure”.
Reference should also be made to the DEFRA publication of March 2010, ‘Accelerating the Uptake of Anaerobic Digestion in England: an Implementation Plan’. This document set out the Government’s ambitions for and commitment to encouraging a significant growth in the use of AD and provided a framework for action by Government and stakeholders to facilitate the uptake of anaerobic digestion in England. In turn this document led to the publication of the government’s current key-note guidance on AD, the ‘Anaerobic Digestion Strategy and Action Plan – A commitment to increasing energy from waste through anaerobic digestion’, which was published jointly by DEFRA and the Department for Energy & Climate Change in June 2011 and updated in August 2013. The title, whilst not ‘snappy’, is self-explanatory. We consider the lack of reference to this latter document to be a major omission in the chapter and one that must be rectified.
Technology Overview The photograph that appears to the right the ‘Technology Overview’ section is misleading as it does not should a typical AD plant. The photograph depicts a commercial scale AD plant, which would typically use food waste as the feedstock. Such a plant would probably constitute a waste operation
Form Ref PRI004 – 03/12 Page 19
and the planning application would be dealt with by North Yorkshire County Council. Most plants that have been approved to date in Hambleton are ‘farm-scale’ plants using farmyard manures and silage as their feedstock, such as that approved at Home Farm, Newby Wiske. We would suggest that the photograph be changed and in this regard we append a photograph of the Home Farm plant that you may want to use instead. You may appreciate that this site was visited by your members as part of their annual review site visit?”
Technical information The first sentence of the first paragraph states “feedstock is usually pre-treated to form a slurry which is then fed into the digester”. This is factually incorrect. In most instances the feedstock is not pre- treated before being fed into the digester, pre-treatment is undertaken infrequently and generally relates to food / municipal waste facilities.
The final sentence of the first paragraph refers to “the remaining undigested matter”, which is a little misleading and would be better expressed as “the resultant matter” as the digestate should, as the name suggests, be digested not undigested as the text suggests.
The second paragraph needs revising to differentiate between producing gas to be burnt in associated CHP plants and producing gas for injection into the gas grid. In this regard CO₂ is not removed when the gas (referred to as ‘biogas’ in this instance) is to be burnt in a CHP plant. Most AD plants produce biogas to be burnt in CHP plants, gas production for injection into the grid is less common and the two processes should be referred to in this order.
The second sentence of the second paragraph uses the term ‘scrubbed’ with reference to removal of CO₂ and H₂S. Whilst this is the correct technical term for the process, we would suggested that ‘removed’ in brackets to avoid misinterpretation by the public, some of whom may wrongly envisage a mechanical process.
The final words at the end of the second sentence “or used to power converted spark ignition engines” should be deleted. As written this would imply the CO₂ is removed prior to it being burned in the CHP. As described above this is not usually the case.
In the final sentence “and heat”’ should be added after “to generate electricity”.
Planning considerations for anaerobic digestion Under the ‘Location’ heading you may want to add words to the effect that one of a benefits of most farm scale AD plants is that they are located on the farm where the feedstock (farmyard manures, slurry and silage etc) is produced.
Under the ‘Landscape and Visual Impact’ heading, second sentence – we would suggest adding the words “or near to” after “within” and before “existing buildings”. This is particularly relevant to farm scale AD schemes where the structures and buildings are of a similar form to those commonly found within farm complexes.
Under the ‘Feedstock’ heading, second sentence is not strictly true as regards manures and slurries. Indeed, there is case law that concludes that farmyard manures and slurries are not waste whether they are generated on-site of off-site. The deciding factor is that the digestate should be spread on- site, i.e. on the fields of the farm or farms providing the manure and/or slurry. This was certainly the conclusion that Hambleton DC arrived at with regards to the Home Farm, Newby Wiske and Westholme Farm, Dalton applications (HDC refs: 13/01571/FUL and 13/01580/FUL respectively).
Form Ref PRI004 – 03/12 Page 20
The definitive answer to the question as to whether or not manures and slurries are waste has been decided in the context of the well known case, European Commission v. The Kingdom of Spain (case C/416/02). In this case an operator maintained a very large number of pigs and collected the manure. The manure was spread on surrounding fields. The European Court of Justice held: “87 In certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not the production of that item, may be regarded not as a residue but as a by-product which the undertaking does not seek to 'discard', within the meaning of the first subparagraph of Article 1 (a) of Directive 75/442, but intends to exploit or market on terms which are advantageous to it, in a subsequent process, without any further processing prior to reuse. There is, in such a case, no reason to hold that the provisions of that directive, which are intended to regulate the disposal or recovery of waste, apply to goods, materials or raw materials which have an economic value as products regardless of any form of processing and which, as such, are subject to the legislation applicable to those products, provided that such reuse is not a mere possibility but a certainty, without any further processing prior to reuse and as part of the continuing process of production (see Case C-9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I-3533, paragraphs 34 to 36).
88 The Court has thus held that leftover rock and sand residue from ore-dressing operations in the working of a mine are not classified as waste for the purposes of Directive 75/442 where their holder uses them lawfully for the necessary filling-in of the galleries of that mine and provides sufficient guarantees as to the identification and actual use of those substances (see, to that effect, Case C-114/01 AvestaPolarit Chrome [2003] ECR I-8725, paragraph 43). The Court has also held that petroleum coke which is produced intentionally or in the course of producing other petroleum fuels in an oil refinery and is certain to be used as fuel to meet the energy needs of the refinery and those of other industries does not constitute waste within the meaning of that directive (order in Case C-235/02 Saetti and Frediani [2004] ECR I- 1005, paragraph 47).
89 As the United Kingdom Government correctly maintains in its statement in intervention, livestock effluent may, on the same terms, fall outside classification as waste, if it is used as soil fertiliser as part of a lawful practice of spreading on clearly identified parcels and if its storage is limited to the needs of those spreading operations.
90 Contrary to the Commission's submission, it is not appropriate to limit that analysis to livestock effluent used as fertiliser on land forming part of the same agricultural holding as that which generated the effluent. As the Court has already held, it is possible for a substance not to be regarded as waste within the meaning of Directive 75/442 if it is certain to be used to meet the needs of economic operators other than that which produced it (see, to that effect, Saetti and Frediani, cited above, paragraph 47).”
We are aware that the Commission v. Spain case is relied upon in guidance documents in this topic area. Guidance documents can be of some assistance where the law is otherwise unclear. However, in this instance, we consider that there is complete clarity when one applies the facts to the requirements of Article 5 and further clarity from the most authoritative source in respect of European law. At paragraph 89 of its decision, the European Court made clear that livestock effluent may fall outside the definition of waste. Further, at paragraph 90 of its decision, the European Court explained that livestock effluent was not waste in other circumstances where it was certain to be put to economically beneficial use. If further confirmation were needed, we would draw attention to the fact that the expert regulator in respect of waste matters, the Environment Agency, has expressly come to the conclusion that AD plants using farmyard manures as their feedstock are not waste operations.
Form Ref PRI004 – 03/12 Page 21
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Hambleton Draft Revised Sustainable Development Supplementary Planning Document
Consultation Deadline – 30/01/2015
Contact Details Planning and Local Authority Liaison Department The Coal Authority 200 Lichfield Lane Berry Hill MANSFIELD Nottinghamshire NG18 4RG
Planning Email: [email protected] Planning Enquiries: 01623 637 119
Person Making Comments Anthony B Northcote HNCert LA(P), Dip TP, PgDip URP, MA, FGS, ICIOB, MInstLM, MCMI, MRTPI Consultant Planning Advisor to The Coal Authority
Date of Response 8 January 2015
Thank you for consulting The Coal Authority on the above document.
Some forms of renewable energy are particularly sensitive to ground stability which may arise from man-made sources such as mining legacy or natural sources. In particular across many parts of the country there is a strong correlation between areas proposed for wind energy and concentrations of historic mining legacy. Ground conditions can therefore have a potential knock- on impact on other factors such as landscape impact that may arise from the re-siting necessary to allow wind turbines to be stable.
However given that the majority of the mining legacy in Hambleton lies within the North York Moors National Park and is therefore outwith the scope of this SPD, I consider that it is not necessary to specifically address this point in the SPD. Therefore I confirm that we have no specific comments to make at this stage.
Should you require any assistance please contact a member of Planning and Local Authority Liaison at The Coal Authority on our direct line (01623 637 119).
Yours sincerely
Rachael A Bust
Miss Rachael A. Bust B.Sc.(Hons), MA, M.Sc., LL.M., AMIEnvSci., MInstLM, MCMI, MRTPI Chief Planner / Principal Manager
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