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Report to Planning and Licensing Committee

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Report to Planning and Licensing Committee Report to Planning and Licensing Committee 30 th September 2013 Agenda Item: REPORT OF CORPORATE DIRECTOR POLICY, PLANNING AND CORPORATE SERVICES BASSETLAW DISTRICT REF. NO.: 1/18/10/00008 PROPOSAL: CONSTRUCTION AND OPERATION OF A BIOMASS FUELLED COMBINED HEAT AND POWER PLANT LOCATION: R. PLEVIN & SONS LIMITED, CROOKFORD HILL, ELKESLEY, RETFORD. APPLICANT: R. PLEVIN & SONS LIMITED Executive Summary 1. The application site comprises an operational wood products factory situated within a countryside location. 2. The development comprises a biomass-fuelled combined heat and power plant (CHP Plant), integrated drying plant, replacement wood processing workshop and office accommodation at R. Plevin’s existing wood products manufacturing operation situated at Crookford Hill, Elkesley. A key fact sheet is attached as Appendix 2 which provides a factual summary of the development sought planning permission. 3. The planning assessment identifies that the merits of the development are finely balanced. The planning consultation process has resulted in a large number of objections from the local community as well as objections from a number of organisations including Bassetlaw District Council. 4. To assist Members with their consideration of these issues the planning report has been formatted utilising the following headings. • Purpose of Report; • The Site and Surroundings; • Planning History of Site; • Proposed Development; • Summary of Consultation Responses; • Publicity; • Planning Observations, incorporating: 1 a. Assessment of need for development. b. Assessment of the weight that should be attached to the various elements of the Development Plan and government policy. c. Assessment of the extent that the development complies with planning policy regarding the development of wood fuelled CHP facilities. d. Assessment of the extent that the development complies with locational planning policies. e. Assessment of the socio-economic and community resulting from the development. f. Assessment of the environmental effects of the proposed development. • Other Options Considered; • Human Rights Act Implications; • Statutory and Policy Implications; • Crime and Disorder Implications; • Conclusions; • Recommendations; • Suggested Planning Conditions. 5. The planning assessment identifies that from a positive viewpoint the development is strongly supported by waste, energy, climate change and economic development planning policy where it is noted that: • From a waste planning perspective Planning Policy Statement 10: Planning for Sustainable Waste Management (PPS10) (para. 20) encourages the co-location of waste facilities on the same site. The benefits of this approach are evident at Elkesley insofar that the co- location of the CHP facility on the existing wood treatment facility provides a facility to recovery energy from the waste wood that is currently managed at the site, assisting in reducing the movement of processed waste to suitable treatment facilities therefore delivering waste management at a local level as encouraged through PPS10 para 3 (community management of waste). The facility provides additional recovery capacity to meet national shortfalls identified in Waste Strategy for England 2007 (WS2007) (para’s 30 & 31) and the Waste Planning Review (para 234), and reduces export of waste material to Europe. The facility therefore diverts waste from landfill disposal and assists with moving waste management up the waste hierarchy in accordance with PPS10 para. 3 and the wider key performance objectives set out within this document. PPS10 acknowledges that the planning system is pivotal to the adequate and timely provision of new waste management facilities and therefore encourages planning authorities to take a positive approach to the assessment of such facilities (para. 2) which should be afforded significant weight. • In terms of energy policies, overarching National Policy Statement for Energy (NPS EN-1) (para 3.4.5) identifies a need to develop additional renewable energy generation capacity, describing the need as ‘urgent’. The Energy White Paper (page 157) requires planning authorities to take 2 into account the benefits that renewable energy schemes provide through reduced emissions and diversifying the supply of energy, acknowledging that these wider benefits do not always convey any particular local benefit, but requiring planning authorities to attach significant weight to these considerations within their decisions. The energy produced by the Elkesley CHP facility would fully contribute to meeting the objectives of NPS EN-1, a factor that is of fundamental importance in the balance of assessment of the planning application. • In terms of climate change policy, Chapter 10 of the National Planning Policy Framework (NPPF) positively supports renewable energy schemes, encouraging the co-location of potential heat customers and suppliers. The NPPF requires planning authorities to take a positive approach to developments which deliver renewable energy, specifically para. 98 advises planning authorities to approve low carbon developments unless material considerations indicate otherwise. This approach is consistent with Bassetlaw Core Strategy (BCS) Policy DM10. WS2007 also acknowledges the significant carbon savings which are achieved through recovering energy from waste wood. The NPPF has a presumption in favour of sustainable development, advising that such development should be granted planning permission unless there are irresolvable material considerations which indicate otherwise. • In terms of the economic development arguments, NPPF para. 19 states that the planning system should give significant weight to development that secures sustainable economic growth, which this facility would. 6. From a location point of view the site is within a rural area which is not designated for industrial development within the development plan. Existing operations are of a scale and character which would be unlikely to obtain planning permission on a greenfield site if assessed against current planning policy for the area. Notwithstanding the above, the site is ‘previously developed land’ and has the necessary planning permissions in place to operate the wood processing facilities at the site. These facts are key in the assessment of the appropriateness of the location. 7. BCS Policies DM1 and DM3 acknowledge the importance of the rural economy, providing support for appropriate development in rural areas subject to environmental protection criteria being satisfied. The development fails to comply with the individual criteria of BCS Policies DM1 & DM3(A) largely due to the scale of the buildings and their impact on the character and appearance of the countryside, although it is noted that Policy DM1 primarily deals with new stand-alone economic development within the countryside rather than the expansion of existing facilities as is the case with the current development and therefore is only partially relevant to the assessment of site suitability. The degree of weight which should be attached to this policy is therefore limited. 8. Notably, BCS Policy DM3(B) relating to the re-use of previously developed land is supportive of the development. Controls can be imposed on the new development to ensure it would not materially exacerbate the magnitude of these existing impacts (with the exception of visual and landscape impacts), 3 and therefore on balance it is considered the benefits derived from the development in terms of sustainably managing waste, generating renewable energy, carbon savings and climate change benefits outweigh any harmful impacts from the development (notably visual and landscape effects) and therefore enables a conclusion to be reached, on balance, that the development is supported by Policy DM3(B). 9. Support is provided for economic development within rural areas within the most recent statement of government planning policy incorporated in the NPPF. Notably paragraph 28 requires planning authorities to take a positive approach to sustainable new development in rural areas by supporting the sustainable growth and expansion of all types of businesses. A rural location for the development is also supported by PPS10 paragraphs 20 and 21 due to the priority given to the co-location of waste processing facilities and the priority given to the development of previously developed land. 10. The adopted Nottinghamshire and Nottingham Waste Local Plan (WLP) does not incorporate any site allocations relating to the development of wood fuelled CHP facilities, neither does the plan contain any criteria based policies to assess the appropriateness of the Elkesley site. 11. The Nottinghamshire and Nottingham Waste Core Strategy (WCS) is not adopted however the plan has reached an advanced stage of preparation and therefore weight can be given to the policies it contains. The development is assessed as being consistent with the general site criteria Policy WCS6 which identifies industrial and previously developed land as being suitable for new energy recovery (incineration) facilities, and Policy WCS7 which acknowledges that in many cases the extension of an existing waste management site should be supported, again, subject to there being acceptable environmental impacts. Notably the development of the Elkesley site provides opportunities to recovery heat and electrical energy through the co-location of facilities in accordance with the approach set out within Policy WCS2. This approach is also consistent with emerging
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