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Please Note Venue Planning Committee Agenda PLEASE NOTE VENUE PLANNING COMMITTEE AGENDA Friday 5 October 2007 at 10.30am in The Borough Hall, Middlegate, The Headland, Hartlepool MEMBERS OF PLANNING COMMITTEE: Councillors Akers-Belcher, Allison, Brash, R W Cook, S Cook, Flintoff, Kaiser, Laffey, G Lilley, J Marshall, Dr Morris, Payne, Richardson, Simmons, Worthy and Wright 1. APOLOGI ES FOR A BS ENC E 2. TO RECEIV E ANY DECLARATIONS OF INTEREST BY MEMBERS 3. ITEMS REQUIRING DECISION 3.1 Planning Applications – Assistant Director (Planning and Economic Development) 1. H/2007/543/544 and 545 - Able UK Ltd, TERRC Facility, Tees Road, Graythorp, Hartlepool. 3.2 Hazardous Substances Consent - Assistant Director (Planning and Economic Development) 1. H/2007/0542 - Able UK Ltd TERRC Facility Tees Road Graythorp Hartlepool Hartlepool W:\CSWORD\DEMOCRATIC SERVICES\COMMITTEES\PLANNING CTTEE\AGENDAS\AGENDAS - 2007-200 8\07.10.0 5 - PLANNING AGENDA.DOC/1 Hartlepool Bor ough Council Planning Committee – 5 October 2007 3.1 No: 1 Number: H/2007/543/544 and 545 Applicant: Able UK Ltd TERRC Facility Tees Road Graythorp Hartlepool Agent : Blackett, Hart & Pratt LLP, Westgate House, Faverdale, Darlington, DL3 0PZ Date valid: 25th July 2007 Development 1: Extend the current use of the site to include the 543 construction, repair, refurbishment and decommissioning of all types of ships, vessels and other craft as described more comprehensively in the EIS. Operational development consisting of the construction of quays 1, 6, 10 and 11; refurbishment of quays 7, 8 and 9; construction of cofferdam; construction of new dock gates; installation of railway track; construction and operation of metal recycling facility; erection of industrial buildings for the manufacture of wind turbines; erection of warehouse buildings; construction of two holding tanks in connection with the drainage design; construction of sump in the dry dock basin; construction of temporary secondary clay bund in the dock basin; dredging works being carried out within the dock basin and above the low waterline and engineering works associated with the construction of the mooring bollard and sheet piling structure to protect the British Energy power station foreshore. Development 2 Construction of cofferdam at entrance to dock (option 1) 544: Development 3 Construction of cofferdam at entrance to dock (option 2) 545: Location: Able UK Ltd TERRC Facility Tees Road Graythorp Hartlepool Hartlepool 1. Introduction 1.1 Able UK Limited is seeking a range of permissions from the Local Planning Authority (LPA) for the various developments described above. Each application is dealt with as part of this single report due to the interrelated nature of what is proposed. 1.2 A further related application for Hazardous Substances consent is reported elsewhere on this agenda. 1.3 The main body of this report focuses on a summary of the various consultation and publicity responses followed by an assessment of relevant planning considerations. The impacts of this project and where relevant any mitigation measures are summarised in tabular form. The report concludes that with various conditions and a planning agreement to secure appropriate levels of mitigation, the developments proposed will be acceptable. 07. 10. 05 - Able U K A pplicati ons - Committee Report 1 Hartlepool Bor ough Council Planning Committee – 5 October 2007 3.1 1.4 The report incorporates 6 lengthy appendices: 1. Appendix A is an extract of the readers guide taken from the Environmental Statement. The intention of the readers guide is to highlight the main changes that have occurred since the Environmental Statement submitted as part of the previously refused applications. 2. Appendix B sets out in some detail the description and rationale for the project as provided by the applicant within the Environmental Statement. 3. Appendix C focuses on the predicted environmental impacts of the various elements of the project which are summarised in tabular form earlier in the report. The information is substantially copied from that provided by the applicant. 4. The Habitat Regulations require that where a project is likely to have a significant effect on a conservation site of international importance, the LPA undertakes an ‘appropriate assessment’ to specifically determine the effects of the development on this site. On 17 August 2007 Natural England determined that the project was likely to have a significant effect which meant that the LPA were obliged to undertake an appropriate assessment of the project alone and in combination with other projects in order to determine whether it would have an adverse effect on the integrity of the Teesmouth and Cleveland Coast Special Protection Area (SPA). The LPA’s appropriate assessment is provided at Appendix D. The assessment considers the effects of the project in terms of the magnitude of habitat loss, fish mortality, siltation, noise, visual and odour disturbance, toxic contamination, nutrient enrichment and the threat to ecology from invasive species. It concludes that with appropriate planning conditions and obligations to secure mitigation measures the project would not either alone or in-combination have an adverse affect on the integrity of the SPA. 4. Also attached is Appendix E which summarises technical information contained in the environmental statement and provides background to the findings in the appropriate assessment. 5. The applicant’s Conservation Management Plan is attached at Appendix F. 1.5 An Environmental Statement was submitted to accompany the three applications. This effectively updated the previous Environmental Statement that accompanied the recently refused applications on this site. Those applications are due for consideration at a Public Inquiry commencing 9th October 2007. The LPA previously issued a formal statement to the applicant detailing the range of issues that would need to be considered as part of the Environmental Impact Assessment. This document, known as a ‘scoping opinion’ was issued on 28 January 2004. The similarities of the current applications with that considered under the previous scoping opinion have not triggered the need for a fresh scoping opinion. 07. 10. 05 - Able U K A pplicati ons - Committee Report 2 Hartlepool Bor ough Council Planning Committee – 5 October 2007 3.1 1.6 There have been ongoing discussions with the applicant various statutory regulators and the Council’s consultants, Scott Wilson Ltd, which have lead to the current res ubmiss ions . The site 1.7 The site known as the Teesside Environmental Reclamation and Recycling Centre (TERRC) was originally a shipyard dating from 1923. It has since been used as a dry dock in which offshore oil and gas structures were constructed. During the 1990s the gates enclosing the dry dock failed and the area has remained permanently flooded ever since. 2. Previous history 2.1 The planning history of the site as referred to in the Environmental Statement is listed below:- Application No. TDC/95/10 A full planning application by Laing Civil Engineering, the then owners of the TERRC site, dated 1 February 1995, for development described as “Restoration of dock gates by means of a rock fill/sheet pile bund to allow use of dock for construction of offshore structures” at Graythorp Dry Dock, Tees Road, Hartlepool, was granted by Teesside Development Corporation on 1 October 1997, the notice of approval being issued to ABLE UK described as ‘Restoration of Dock Gates and construction and removal of rock filled bund’. Application No. TDC/96/091 Planning permission was granted to ABLE by the Teesside Development Corporation on 1October 1997, following completion of a S106 agreement, for a range of activities and development comprising: “Dismantling/refurbishment of redundant marine structures and equipment; storage and processing of sea dredged aggregate including construction of ready-mix concrete batching plant; stockpiling of rock armour; recycling of construction and demolition waste; waste transfer facility; bulk waste material storage facility; composting facility; enlargement and refurbishment of dock and use as base for oil- related floating crane and transport barges; import and export of general cargoes; berthing facility; use of land for fabrication yard for offshore structures including structures for oil and gas exploration; exploration production platforms and accommodation modules; and for the construction of marine related structures and equipment and storage of civil engineering plant and equipment”, subject to conditions. In 2003 the question of whether the term marine structure covered ships was judicially reviewed in the High Court, which subsequently ruled that it did not. The current applications followed in the wake of that decision. Application No. H/FUL/0462/00 A full planning application by ABLE for the erection of warehouse buildings, fabrication shops and an administration building totalling 71,550 sq. metres, and the 07. 10. 05 - Able U K A pplicati ons - Committee Report 3 Hartlepool Bor ough Council Planning Committee – 5 October 2007 3.1 installation of a gantry crane, was approved with conditions by HBC on 7 February 2002. Application No. H/FUL/0375/02 An application by ABLE for the continuance of use of the TERRC facility without complying with Conditions 9 & 10 of planning permission TDC/96/091 relating to activity close to the sea wall, and noise from activities on the site, was approved by HBC on 5 August 2002. Application No. H/FUL/0591/03 A full planning application by European Metal Recycling
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