Item 3
Regulatory Committee – 7 February 2017
Construction and Operation of a Renewable Energy Centre (Gasification Plant) for the Recovery of Energy from Non-Hazardous Residual Waste. Land at Hams Hall National Distribution Park, Faraday Avenue, Coleshill
NWB/16CM011
Application No.: NWB/16CM011
Advertised date: 06/06/2016
Applicant(s) Rolton Kilbride Limited Pegasus House, Querns Business Centre Whitworth Road Cirencester GL7 1RT
Agent(s) Mrs Amanda Stobbs Pegasus Group Pegasus House, Querns Business Centre Whitworth Road Cirencester GL7 1RT
Registered by: The Strategic Director for Communities on
Proposal: Construction and operation of a Renewable Energy Centre (Use Class sui generis) for the recovery of energy (heat and electricity) from non-hazardous residual waste using an Advanced Conversion Technology (gasification), with the associated plant and infrastructure, vehicular access and landscaping.
Site & location: Land at Hams Hall National Distribution, Faraday Avenue, Coleshill, B46 1AL. [Grid ref: 419861.292156].
See plan in Appendix A
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Recommendation
That the Regulatory Committee authorises the grant of planning permission for the construction and operation of a renewable energy centre (Use Class sui generis) for the recovery of energy (heat and electricity) from non- hazardous residual waste using an advanced conversion technology (gasification), with the associated plant and infrastructure, vehicular access and landscaping subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.
1. Application Details
1.1 This application seeks planning permission for the construction and operation of a Renewable Energy Centre (REC) on land at Hams Hall Distribution Park. The purpose of the REC would be to generate energy (heat and power) from non-hazardous residual waste. The proposed development would use an Advanced Conversion Technology (ACT) process known as gasification. Gasification is a process whereby the fuel source (in this case residual waste) is heated to very high temperatures causing the materials to breakdown whilst also generating a gas which when burnt off in a boiler creates steam, which in turn drives a steam turbine to generate electricity or exported as heat.
1.2 The proposed REC would have a capacity to produce around 14.5 MW of electricity plus around 1.5MW of heat. The proposed facility would be a form of Combined Heat and Power (CHP) plant.
1.3 The proposed Renewable Energy Centre would have a capacity to process up to 150,000 tonnes of non-hazardous residual waste per annum (waste left over following the practical removal of recyclable materials (pre-treated waste) that may otherwise be disposed of at a landfill site or exported to a similar facility abroad. The residual waste feedstock would predominantly take the form of Refuse Derived Fuel (RDF) which is a product derived from residual waste.
1.4 The application site extends to 1.96 hectares and is located within the western end of Hams Hall Distribution Park.
1.5 The development would comprised of the following key elements:
1.6 The main building would be located centrally within the application site and would measure 87.96 metres by 72.7 metres by 24 metres in height at its highest point. This building would accommodate the majority of the processing plant including waste reception hall, waste bunker, shredder, fuel bunker and three line ACT (advanced Conversion Technology) processing plant and associated feed water tank, control room, workshop and crane service area. The fuel bunker would have a capacity sufficient to store 4 days of waste feedstock. The main building would be finished primarily in profiled metal sheets (walls and roof) incorporating vents and louvres, with walls coloured in graded grey bands which would lighten in shade towards the roof. 2 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Vehicle access points into the building would be fitted with fast acting doors.
1.7 The facility would require a flue stack (chimney) which would be located towards the rear of the main building. The flue stack would measure 2.8 metres in diameter and stand 52 metres in height. The flue stack would be coloured grey. A walk around metal platform would be located towards the top of the flue stack to allow continual air quality monitoring access.
1.8 A number of structures comprising of silos and filters would be located at the rear of the main building. This would include: two lime silos measuring 4.1 metres in diameter by 18.7 metres in height, a carbon silo measuring 4 metres in diameter by 18.7 metres in height, two dust filter silos located within a framework measuring 10.5 metres by 5.15 metres by 19.5 metres in height and three gas flue filters each measuring 5.6 metres by 25.7 metres in height.
1.9 A Turbine Room, which would accommodate the turbines used to generate energy, would be housed in a separate building located to the rear of the site. The Turbine Room would measure 30 metres by 15 metres by 15.6 metres in height.
1.10 Air Cooled Condenser Fans (ACC) contained within a structure measuring 39.62 metres by 15.76 metres by 23.4 metres in height would also be located towards the rear of the a site.
1.11 A Sub Station, which would allow electricity produced on site to be fed into the National Grid, would be located towards the rear of the site. The Sub Station, measuring 48 metres by 25 metres and enclosed by 2.4 metre high security fencing, would consist of a transformer and electrical connectors standing up to 3.5 metres in height and a metering and control room measuring 3.5 metres by 5 metres by 2.8 metres in height.
1.12 Further ancillary buildings/structures would be located within the facility. This would include: an ash bunker measuring 12 metres by 10 metres by 5 metres in height, a fire water tank measuring 17 metres in diameter by 6.75 metres in height, a Pump Room located to the side water tank measuring 6.06 metres by 4.59 metres by 3.2 metres in height, a gatehouse/weighbridge office measuring 4.86 metres by 3 metres by 2.95 metres in height.
1.13 The yard area would include vehicle circulation space including sufficient space to allow for queuing of vehicles within the site and a carpark designed to accommodate 19 vehicles.
1.14 The facility would be enclosed with 2 metre high security fencing.
1.15 The external areas of the facility would be lit with a series of building mounted and pole mounted lighting.
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1.16 The facility would be accessed directly from Faraday Avenue as the site is currently. The existing access would be redesigned and reconstructed to allow vehicles a safe left-in and left-out priority access and egress from the site onto the highway. This would create sufficient width and capacity to allow vehicles to pass one another safely when entering and leaving the site.
1.17 A strip of landscape planting measuring between 5 and 10 metres in width, including native tree and shrub species, would be provided along the frontage of the site.
1.18 Waste and RDF is likely to be delivered to the site in both refuse collection vehicles (RCV) and articulated bulk haulage vehicles. The facility is likely to generate up to 88 HGV movements (44 in/44 out). These movements would include waste imports, deliveries of lime, carbon etc and removal of metals and ash, etc from the site.
1.19 Once operational the facility would operate as follows. Upon entering the site HGV’s loaded with residual waste/RDF would be directed to one of the two weighbridges to be checked in. Vehicles would then be directed to the waste reception hall within the main building for unloading. Once the vehicle is inside the waste reception hall fast acting doors would close. The waste reception hall would operate under negative pressure to draw in and contain odours. Once unloaded, waste which has arrived pre-processed into RDF would be transferred by overhead crane into the fuel bunker. Residual waste requiring processing would be transferred by crane into a shredder before being passed across a magnet to remove metals. The overhead crane would then deliver the residual waste to the fuel hopper of the ACT unit. The REC facility’s fuel bunker would sufficient storage capacity to allow the facility to continue operating for up to 4 days without a waste delivery. From here the residual waste enters the thermal conversion process.
1.20 The thermal conversion/gasification process takes place in two stages. The first stage, the gasification process does not burn (combust) residual waste but rather heats the materials at high temperatures until their composition breaks down. The output from the gasification process is a synthetic gas called ‘syngas’ and bottom ash. The second stage involves oxidation/combustion of the syngas within a high temperature oxidation unit. A heat recovery steam generator (boiler) would then utilise the heat produced to generate steam which in turn would either be used for the delivery of heat or for the production of electricity. The bottom ash generated would be removed from site to a licenced waste management facility for recycling or disposal.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 1.21 The REC would operate 24 hours per day 7 days per week throughout the year, except during shut downs for maintenance. Vehicle movements into the site for deliveries of residual waste would occur between 07:00 to 19:00 hours Monday to Friday and 07:00 to 14:00 on Saturdays. No deliveries would take place on Sundays. The applicant expects vehicle movements to be spread evenly during this 12 hour period with peak periods unlikely.
1.22 The application states that, changing the residual waste to syngas, means the combustion environment can be finely controlled, achieving complete breakdown of Carbon Monoxide (CO), Total Organic Carbon (TOC) with a final production of flue gas with low Nitrogen Oxides (NOx) content in order to achieve compliance with the emissions thresholds of the Industrial Emissions Directive (IED). The REC facility would operate within the terms and conditions set out within an Environmental Permit, issued and monitored by the Environment Agency. The application states that the REC facility would be equipped with a control and monitoring system that would provide automatic control of the process during normal operating conditions and continually monitored by fully trained staff. The control system would include a separate and independent shutdown system. The emissions from the flue stack would be continually monitored to ensure compliance with the emissions thresholds of the Industrial Emissions Directive (IED).
1.23 Once operational the REC would generate around 20 full time equivalent jobs, with a further 10 staff providing specialist support services. The staffing compliment would provide a variety of skills and levels of expertise operating across a three shift working pattern.
1.24 The applicant has carried out an Environmental Impact Assessment of the proposed development and the planning application is supported by an Environmental Statement (ES). The ES covers the following topic areas: Air Quality, Landscape and Visual Impact, Traffic and Transport, Hydrology and Flood Risk, Hydrogeology and Ground Conditions, Noise, Ecology and Nature Conservation, Archaeology and Cultural Heritage and Socio Economics.
1.25 In support of the proposal the applicant states that the proposed facility is recognised as being one of the most efficient methods of generating energy. The application also states that there is a need to deal efficiently with waste which remains after recycling efforts have taken place. It is stated that the best way to deal with this residual waste is to recover energy from it, through a facility such as that now proposed. The applicant is in ongoing negotiations to supply local business users with the electricity and/or heat produced.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 1.26 The application was initially submitted and sent out to consultation in June 2016. Following the submission of amended plans and additional information a further consultation exercise was undertaken in November 2016. The applicant undertook a number of public consultation exhibition/drop-in sessions in the run-up to submission of the application.
2. Consultation
2.1 North Warwickshire Borough Council (Planning) – objects to the proposal on the grounds of the scale of the development, particularly its height which is considered out of keeping with the locality and it is also considered that there were concerns not yet answered about the emissions and thus the potential risk of pollution. The matters of concern in this respect are dust emissions and the two by-products, lime and hot water. The Board (NWBC Planning Committee) wished to adopt a precautionary approach at this stage.
Further observations received in response to reconsultation on further information received:
Following the receipt of your further letter of 31 October, the revised plans were referred back to the Council’s Planning and Development Board on 12th December. It resolved to maintain its objection.
The Board considers that the proposal will cause adverse visual impact locally and have a harmful impact on the openness of the surrounding Green Belt, contrary to policies NW3 and NW12 of the Core Strategy 2014. The Council also requests that the County Council does not support the application without the full backing of the Environment Agency; the Borough Council’s Environmental Health Officer and the Warwickshire Public Health officers. It too should ensure that it is satisfied that alternative locations have been fully explored and dismissed on planning grounds.
The Planning Board is very anxious to meet officers of the County Council along with our Borough and County Members in order to emphasise the significance of this objection to the Borough.
2.2 North Warwickshire Borough Council (EHO) – with regards to the application for a gasification plant at Hams Hall I have reviewed the noise and air quality assessments and whilst I agree with the methodologies used and the subsequent results I do still have some concerns regarding potential odour from this type of operation. I have had no previous dealings with this type of plant but when odour impacts have been found to be negligible in the past for other types of waste processing planning applications, in my experience, these have resulted in off-site odour problems during the operational phase.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 The Environment Agency would be the regulatory authority for this site should permission be granted, so I would suggest that they may be one of the key consultees regarding this application as they would ultimately be responsible for investigating any odour complaints or similar issues.
2.3 Lea Marston Parish Council - object to the proposed development in the strongest possible terms on health and ecological grounds and the protection of private and business property and on the basis that mitigation measures will not always be effective we consider this presents a real risk to community health, local ecology and damage to property. The PC wish to register the following concerns:
• Ecological Impact – we understand that there will be two harmful bi-products of the gasification process; lime and the production of hot water at 90o plus. The PC are keen to ensure that these by-products are suitably managed in order to avoid detrimental impact upon the local ecosystem.
• Health Impact – as a new technology that does not currently operate with the UK we are concerned that we do not have any direct experience of the health impacts of the gasification process.
• Diesel Powered Back up Generator – understand that diesel powered backup generator is required. This would not be renewable and would have harmful impacts in terms of pollution and noise.
• Visual Appearance – concerned that with a build height of 25 metres for the gasification unit and 50 metres for the chimney the construction would be the tallest construction on Hams Hall Distribution Park have a significant visual impact on Lea Marston Parish communities.
• HGV and vehicular movements – WCC, NWBC, Lea Marston PC, Warwickshire Police, Eon, Sainasbury’s and BMW are actively engaged in joint works under the name of Hams Hall Bid Group to try and mitigate the impact of HGV parking and movements both on and off site that arise from business processes on the Hams Hall site. PC are therefore keen to ensure that the proposed vehicle movements can be accommodated within the site. We do not expect the applicant to solve current problems, but seek assurance that this application will not add to them and that all road traffic arising from the operation and employment of the site can be contained within the development. The PC are also concerned about operational and commuter traffic using Hams Lane and the entering the village as a rat-run. In addition at critical periods the A446 cannot accommodate traffic flows if there is any sort of congestion on the motorway system.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 • Excessive Development – the PC believe that we are being subject to excessive development within our community that is having a detrimental impact on the quality of life of our residents and bio-diversity within our community. We currently face five years of construction works on Faraday Avenue and Hams Lane to enable the construction of HS2, we are listed as Site 9 for the proposed extraction of sand and gravel under the WCC Mineral Strategy 2017 -2032, and we are subject of further development at the Hams Hall Site B site by Prologis which is currently being considered by NWBC
• Planning Obligations – the PC seek Section 106 support to ensure that appropriate Biodiversity Offsetting is undertaken as a condition of this development both in the development site and within the immediate community of the Parish. The PC would also like to explore potential environmentally sound uses locally for the hot water by product.
2.4 Curdworth Parish Council – object to the scheme as proposed for the reasons outlined below.
It is not simply a question of 'does the development impact on the openness of the Green Belt', which it clearly does, but is it commensurate generally with Hams Hall's manufacturing and distribution uses? The Parish Council believes it does not and that the design of the plant, including a 50m chimney stack, will be an eyesore and incongruous notwithstanding the industrial setting.
We are extremely uncomfortable with the proposed gasification process which uses non-recycled waste and Refuse Derived Fuel, both of which are likely to produce emissions and by- products of very questionable cleanliness; hence the need for the excessively high stack. We question whether sufficient research has been done before trialling the process in this country and ask you to note that the local area is already close to, and in one place above, the accepted level of atmospheric pollution caused by vehicle emissions (EU Standard).
It is estimated that there will be an increase of 80 vehicle movements a day accessing and exiting site, which although seemingly modest will nevertheless impact adversely on the already congested local infrastructure. Curdworth Parish Council finds it very difficult to be supportive of any further proposed development at Hams Hall at the present time, likely to generate more traffic, particularly with work starting on HS2 in 2017 which in this case has to be a planning consideration.
2.5 Water Orton Parish Council – no comments received.
2.6 Shustoke Parish Council – no comments received.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 2.7 Nether Whitacre Parish Council - We have reviewed this planning application and are concerned that, whilst this application states that the increase in traffic to the area is only 3% and in the scheme of things will be considered no impact, we are mindful that with all the other local emerging plans for the area including HS2, sand & gravel extraction and a planned new logistics building, any additional movements into and out of the site and onto the surrounding road network, which already struggles to cope with the amount of traffic, should be considered an issue. The planning application states that there is a through route to Station Road, Whitacre Heath via Fisher Lane to the east, this is currently an emergency exit and the Parish Council would strongly object to vehicles leaving the site by this route. We understand there have already been discussions with WCC Highways and the Highway Agency about ways of improving the existing road infrastructure to improve capacity by adding extra lanes at various points. We would hope that such improvements would include measures to overcome the two pinch points at the bridges on the A446 and plans to improve flow around Dunton Island.
Our biggest concern however, with regard to the traffic impact of this proposal is the deflection of vehicles away from the area to avoid congestion. We have recently completed a traffic survey (because of persistent complaints from parishioners about the dramatic increase in traffic over the last few years) and we were shocked to find that between the hours of 7.00am till 7.00pm on 15 September 2015, we recorded nearly 6000 vehicles coming through Whitacre Heath. In our view this traffic is avoiding the congestion around Hams Hall and Dunton Island.
Our other concerns are the height of the buildings, noise and emissions. A Local farmer on the Parish Council is concerned that any ‘fall out’ would affect local crops and would like assurance that the gases being released through the flue stack will be harmless. We are relying on your expertise and judgement to protect us in these matters.
2.8 Coleshill Town Council – no comments received.
2.9 County Councillor Joan Lea – I set out for you my concerns on the above proposed development, which I have discussed with you on several occasions and the progress and details of which I have been keeping in focus.
I do strongly object to the application:
Its location on the Hams Hall site, along with its revision and extension to include a substation on land to the north are not acceptable in both scale and extent on the site.
I also have concerns about the ability of such a plant and function, to harmonise, in design and possibly operation with its neighbours, many of whom are producing high quality, high spec automotive products to an international market, alongside others who are carrying high quality 9 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 products, including food on a national distribution basis. These businesses depend on a well designed and clean operational environment.
As is well known technology, even at best, can bring with it implementation issues such as dust and emission pollution. On an industrial site this may not be an issue. However, on a site such as Hams Hall such issues could be devastating and could also have a negative impact on the landscape given the height and function of its chimney stack.
It is of concern also that Members will not have the opportunity to look at or visit a working example of the Rolton Kilbride Plant. Whilst I understand a similar but smaller plant has finally been granted planning permission just a short distance away near Fort Dunlop in Birmingham, so far there appears to be no indication of when development of that plant may start or be finished. As a Member I fully understand the importance and necessity to look at working models because have also had the experience of having to look at the downside of plants when matters do go wrong in terms of their operation and effects. I feel bound to take on board the factor of risk for all the reasons I have set out above.
2.10 County Councillor Peter Fowler – no comments received as of 17th January 2017.
2.11 WCC Highways – the proposed development includes an alternative location for the vehicular access to the site. The new bellmouth access will be laid out at 90 degrees to the carriageway, which is considered an improvement over the existing layout. Swept path analyses have been submitted showing the access is suitable for the largest vehicles most likely to access and egress the site, to and from both lanes fronting the site. In addition, the analyses show that two large vehicles can pass each other within the access and driveway. Gates located within the access to the site appear to be set back far enough so that vehicles should not be waiting in the public highway. The new access will also provide pedestrian access into the site.
Therefore, the Highway Authority’s response to your consultation is one of no objection subject to conditions to secure: reconstruction of the site access in accordance with the standard specification of the Highway Authority; closure and reinstatement of the existing highway access; measures are in place to ensure the cleanliness of the highway; and, to place a restriction upon delivery times to the site at peak periods during the construction phase.
2.12 WCC Flood Risk and Water Management – the application site is a brownfield site located within Flood Zone 1 as per the Environment Agency’s Flood Map for Planning. The proposed surface water strategy consists of underground pipe and tank storage systems, restricting discharge rates to the 1 in 1 yr greenfield runoff rate of 7l/s for all events up to and including the 1 in 100yr plus climate change 10 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 event, thereby requiring approximately 1,445m3 attenuation storage. It is proposed to control pollution through the use of deep trapped gullies and bypass/full retention separators discharging to a public surface water sewer. In terms of foul water, it is proposed to connect to the existing public foul water sewer located south east of the site. Therefore raise no objection to the proposed development subject to a condition requiring detailed surface and foul water drainage schemes for the site to be submitted for approval.
2.13 WCC Director of Public Health – comment as follows:
Air Quality
There is a clear association between long-term exposure to particulate air pollution and a reduction in life expectancy caused by cardiovascular disease. As well as this, greater air pollution has been linked to deprived neighbourhoods, with mortality rates from air pollution related causes highest amongst groups with lower socioeconomic status.
Public Health England (PHE) has reviewed research undertaken to examine the suggested links between emissions from municipal waste incinerators and effects on health. The following conclusions were drawn :
• While it is not possible to rule out adverse health effects from modern, well regulated municipal waste incinerators with complete certainty, any potential damage to the health of those living close-by is likely to be very small, if detectable. This view is based on detailed assessments of the effects of air pollutants on health and on the fact that modern and well managed municipal waste incinerators make only a very small contribution to local concentrations of air pollutants.
• The Committee on Carcinogenicity of Chemicals in Food, Consumer Products and the Environment has reviewed recent data and has concluded that there is no need to change its previous advice, namely that any potential risk of cancer due to residency near to municipal waste incinerators is exceedingly low and probably not measurable by the most modern techniques. Since any possible health effects are likely to be very small, if detectable, studies of public health around modern, well managed municipal waste incinerators are not recommended.
Based on the PHE review, Public Health Warwickshire would like to add that it is important that the plant is monitored and controlled at all times to ensure operating conditions are in line with regulations set by the Environment Agency. This will minimise the potential impact that emissions may have on the physical and mental health and wellbeing of employees, and of local residents in the surrounding area.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Transport
In addition to the proposed car parking provision Public Health Warwickshire recommends that cycle parking is also incorporated into the development. Cycling is an effective, low cost, non-polluting form of moderate intensity physical activity. Cycling to work is associated with less sickness absence and improved mental and physical health and wellbeing.
2.14 WCC Chief Fire Officer – no comments received.
2.15 WCC Archaeology – I have assessed the application and do not consider that the proposal will have a significant impact upon the historic environment. I therefore have no archaeological comment to make on this proposal.
2.16 WCC Ecology – the ecological chapter of the Environmental Statement appears to have been carried out in accordance with the appropriate methodology and we largely agree with the overall assessment of the proposed development. The application site has no statutory or non-statutory ecological designations. There are two Sites of Special Scientific Interest (SSSI) located within 2km of the site boundary. There are also 30 non –statutory sites within 2km of the application site. The nearest of which is ‘Hams Hall Woodlands potential Local Wildlife Site and ‘Verge at Hams Lane’ Ecosite located 230m to the west of the site. These sites and others located further from the site would not be directly impacted by the proposed development.
There is the potential for indirect impacts on the ecologically designated sites from the surface runoff, dust and increased deposition of certain pollutants arising from emissions from the operationof the proposed Energy Centre. The EIA included an assessment of these impacts. The assessment covers the potential impacts of the deposition of ammonia, nitrous oxides, sulphur dioxide and hydrogen floride on the nationally important SSSIs. The assessment concludes that there would be no significant impact on the SSSIs as a result of the operation of the Energy Centre. There has been no assessment of the impact on ecological sites of county and local importance, but given the predicted levels of pollutants it is considered likely that there would be no significant impacts on these sites as a result of the proposed development. An assessment of dust deposition concludes that impacts would be limited to sites within 50m of the site, but there are no designated sites within 50m of the application site. Therefore, no significant impacts from dust on designated sites are considered likely.
Pollution prevention and dust suppression measures should be included in a Construction and Environmental Management Plan (CEMP) which is recommended is secured by condition.
The site comprises habitats of negligible ecological value including gravel and hardstandings used for car storage, bounded by concrete 12 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 block walls. We are satisfied with the assessment of the value of the habitats and consider that there is no requirement for a Biodiversity Impact Assemment to be submitted for this application. The proposed use of the site will largely include buildings and hard standings, but there will be some associated landscaping at the western and southern boundaries, potentially resulting in a small biodiversity gain as a result of the proposed development.
Agree with the findings of the EIA that the application site contains limited habitat potential for protected species (badgers, bats, birds and reptiles) but recommend that notes be attached in order that care be taken in the event any species encountered during development of the site.
In the event that planning permission is granted recommend that conditions are included to secue; a Construction and Environmental Management Plan (CEMP) in order to ensure that protected species are not harmed, a survey of the site for the pressence of badgers immediately before any development takes place in order to ensure appropriate measures are taken in relation to protected species; and, a detailed external lighting scheme in order to protect protected species.
2.17 Environment Agency – we have reviewed the Environmental Statement submitted in relation to this Planning Application (NWB/16CM011). We have the following comments to make which relate solely to the protection of ‘Controlled Waters’, matters relating to Human Health should be directed to the relevant department of the local council. Reference to the 1:50,000 scale geological map Sheet 168 (Birmingham) indicates that the site is located on Triassic Mercia Mudstone which is designated a ‘Secondary (B) Aquifer’ by the Environment Agency. Superficial River Terrace Deposits are indicated for the site which are designated as a ‘Secondary (A) Aquifer’. A tributary of the River Tame is located 550 metres to the south west of the site and the River Tame is located 750 metres to the north east of the site.
The information submitted identifies that the site has been occupied by a power station. Such land use has the potential to have caused contamination which may currently be impacting ‘Controlled Waters’ receptors of the groundwater in the underlying Secondary Aquifers and the River Tame. Furthermore there is potential for re-mobilisation of any contaminants during site development. Government Policy, as detailed in the National Planning Policy Framework (paragraph 120), states that ‘where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner’. Therefore we recommend that the following planning conditions be attached to any Planning Permission granted to require the applicant to investigate the presence of contamination. The work undertaken to fulfil these (or any similar planning conditions that may be used) should focus on the potential impact on ‘Controlled Waters’ receptors.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 We consider that planning permission could be granted for the proposed development as submitted if planning conditions are included covering the following matters: a remediation strategy to deal with risks associated with contamination of the site shall be submitted for approval in order to establish the extent of any contamination and significance upon groundwater in order to determine the need for mitigation; and, a verification report demonstrating completion of works set out within the remediation strategy in order to ensure works are completed to a satisfactory standard.
Without these conditions, the proposed development on this site poses an unacceptable risk to the environment and we would object to the application.
The proposed development will require an Environmental Permit under the Environmental Permitting Regulations 2010, from the Environment Agency.
2.18 Natural England – no objection subject to conditions in order to secure a Construction and Environmental Management Plan (CEMP) and Surface Water Drainage Strategy in order to ensure that the development will not impact upon the features of special interest for which Whitacre Heath is notified.
This application is in close proximity to Whitacre Heath Site of Special Scientific Interest (SSSI). However, given the nature and scale of this proposal Natural England is satisfied that there is not likely to be any adverse effect on this site as a result of the proposal being carried out in strict accordance with the details of the application as submitted. The SSSI therefore does not represent a constraint in determining this application.
Natural England would also expect the LPA to assess and consider the other possible impacts resulting from this proposal on; local sites (biodiversity and geodiversity), local landscape character; and, local and national biodiversity priority habitats and species.
2.19 Highways England – given the proximity of the site to the Strategic Road Network, and the low number of trips generated by the site, we are content that the development will have a negligible impact on the M42 and M42 Junction 9. Given the size of the development, and given the potential for wider development within the area, we are however interested in reviewing and approving the Construction Management Plan prior to the commencement of works. As a result we offer no objection subject to a condition requiring a Construction Management Plan to be submitted for approval in order to enable the M42 Motorway to continue to be an effective part of the national system of routes.
2.20 Network Rail – no comments or objections to the proposal but draw the Council’s attention to the fact that the proposal area has been set aside for High Speed 2 (HS2). 14 of 54
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2.21 HS2 Limited – from an assessment of the site plan and latest safeguarding maps issued in August 2016 it is apparent that no part of the red line application boundary is within the limits of land subject to the Safeguarding Directions for Phase One of HS2. Accordingly HS2 Ltd has no specific comments to make to the application.
2.22 National Grid – no objection to the proposal which is in close proximity to a High Voltage Transmission Overhead Line and a high voltage transmission underground cable.
2.23 Western Power Distribution – no comments received.
2.24 Severn Trent Water Ltd – no comments received.
2.25 Birmingham Airport – the proposal is acceptable from an aerodrome safeguarding perspective. We have no objection to the application.
3. Representations
3.1 Five emails and letters or representation have been received from individuals and groups.
3.2 County Councillor Keith Kondakor comments that, waste plants of this type should not be considered renewable energy unless they are a sustainable source. They should also not be considered an energy recovery process unless they reach an “R1” rating of 0.65. I have not seen that thermal efficiency of this plant but ones that use this type of technology have a net efficiency of around 13-17%. The efficiency of mass burn incinerators tends to be in the range or 20-26%. It would therefore be perverse if this plant diverted material from the existing incinerators. If the plant does not meet the R1 recovery standard then it is classed as a disposal operation.
3.3 A resident of Sutton Coldfield, who is a Chartered Engineer working in the power industry, feels that the generation of electricity from waste is to be recommended and this appears to be a good scheme for the local area in an appropriate brown-field setting.
3.4 Warwickshire Wildlife Trust comment that the site lies within the Tame Valley Wetlands Landscape Partnership Scheme Area. The area has been identified as an important large area for nature conservation. The Trust finds the information provided within the EIA suitable to inform the decision making regarding protect species and habitats within the site. The Trust is satisfied that there will be no significant, direct impacts on species or habitats resulting from this development. The development site lies within 2km of an important habitat network which includes Whitacre Heath SSSI, the River Blythe SSSI, Lady Walk Nature Reserve and a complex of ancient woodlands known as Hams Hall Woodlands LWS. These habitats are particularly at risk from the impacts of pollutants and/or hydrological changes. The Trust understands from the EIA that there will be no significant increase in air 15 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 pollutants or changes to the quality of water being discharged into the River Tame as a result of this development. If during consultation with the appropriate bodies it arises that either the air pollution levels or hydrological changes may be higher than initially reported, further assessment of the designated sites for nature conservation will be required.
3.5 BMW (whose engine plant is situated within Hams Hall Distribution Park) query whether or not the traffic assessment take into account that at most times of the day Faraday Avenue/Canton Lane access, although a dual carriageway, only has single lane access. Are there any considerations taken into account about any other developments in the Hams Hall Distribution Park with regards to increased traffic volumes (Prologis warehouse application) during both the construction and operations phase? Has the potential impact of incidents on the M6/M42 Motorway network on the Hams Hall Business Park area been taken into account?
3.6 The United Kingdom Without Incineration Network (UKWIN) object to the application and suggest that an R1 Condition be imposed should planning permission be granted.
UKWIN was founded in March 2007 to promote sustainable waste management. As part of fulfilling our aims and objects, UKWIN works to help facilitate access to environmental information, public participation in environmental decision-making, and access to justice in environmental matters. Since its inception, UKWIN has worked with more than 100 member groups. UKWIN regularly takes part in consultations run by various Government bodies.
Failure to get the most energy out of waste
The facility proposed for Hams Hall should be refused permission because it would not get the most energy out of the waste to be used as feedstock, and thus goes against relevant national policies and policy objectives, e.g. as set out in:
• Paragraph 211 of the Waste Review 2011;
• Paragraphs 59 and 74 of the EfW Guide;
• Page 13 of Defra's Waste Technology Brief on Incineration of Municipal Solid Waste; and
• Page 13 of the Waste Management Plan for England.
The poor thermal efficiency of the proposed gasification plant means that the facility would not use resources in an efficient and effective way, and would fail to get the most energy out of the waste to be used as feedstock.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 This means that in addition to running contrary to national policies (outlined above), the proposal also goes against local planning policies, such as Waste Core Strategy Policy CS6 as the proposed gasification facility would not ensure energy recovery is maximised.
UKWIN draws attention to the supportive text that is described as providing justification for Policy CS6. Paragraph 8.40 of the Waste Core Strategy reads as follows: "In seeking to achieve the Government's aim of getting the most energy out of the residual waste, rather than to get the most waste into energy recovery, ...New proposals for such activities will need to adequately demonstrate that the energy recovery is maximised..." (emphasis added). Not only has the applicant failed to demonstrate that the energy recovery is maximised, the information they have provided indicates that the proposal would be inefficient and therefore would not maximise energy recovery.
Weight to be given to claimed benefits
No weight should be given to any claimed benefits of the proposal made by the applicant which are not accompanied by a robust evidence base.
In general terms, the unreliability of a proposal is material to the weight to be given to the claimed potential benefits that would depend upon that facility operating successfully. Uncertainty regarding the reliability, viability, robustness and flexibility of the technology proposed for Hams Hall should reduce the weight given to claimed benefits.
Weighting is a matter of discretion, and UKWIN believes that in this instance the claimed potential benefits (e.g. in relation to job creation, energy generation, etc.) should be given little weight due to the fact that the applicant has not provided adequate evidence about the performance of the proposed technology configuration.
R1 planning condition / waste hierarchy
It should be noted that the applicant's Planning Statement is wrong, e.g. at Paragraph 6.15 (on Page 69), to claim that: "...the waste hierarchy identifies gasification as an ‘other recovery’ operation..." There is only one waste hierarchy of relevance to planning, and it is the one set out in the Waste Framework Directive. All other representations of the waste hierarchy are merely simplifications for illustrative purposes.
According to Appendix A of the National Planning Policy for Waste: "The full definition of each level of the waste hierarchy is set out in Article 3 of the revised Waste Framework Directive (2008/98/EC)". The Waste Framework Directive (WFD) does not identify gasification as an 'other recovery' operation. Instead the WFD makes it clear that gasification facilities can be 'disposal' even where some energy is generated, hence why at Bilsthorpe the Secretary of State followed the 17 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Inspector's advice to impose an R1 planning condition for a gasification plant: "To ensure that the development would move waste up the waste hierarchy in accordance with national and local planning policy and guidance".
Whilst the proposal should be refused for the reasons set out above and in the planning objections submitted by others, if planning permission is granted then appropriate planning conditions should be put in place.
UKWIN notes that the Secretary of State for Communities and Local Government decided that an R1 Planning Condition should be imposed for a gasification facility, i.e. the Bilsthorpe gasification proposal (PINS Ref. 3001886).
The Secretary of State imposed Condition 16 for the Bilsthorpe gasification plant, which reads as follows:
"Prior to the development hereby permitted being brought into use, the operator shall submit to the Waste Planning Authority for approval in writing, verification that the facility has achieved Stage R1 Status through Design Stage Certification from the Environment Agency. The facility shall thereafter be configured in accordance with these approved details. Once operational, alterations to the processing plant may be undertaken to satisfy Best Available Technique or continued compliance with R1".
The reason given by the Planning Inspector for recommending that condition was:
"To ensure that the development would move waste up the waste hierarchy in accordance with national and local planning policy and guidance."
It follows that a planning condition should be imposed for the Hams Hall proposal based on the wording used by the Secretary of State.
In this regard UKWIN notes that the Hams Hall applicant, Rolton Kilbride, accepted the following R1 condition for their Castle Bromwich proposal (see Condition 32 associated with application Ref 2015/09679/PA, attached):
"Requires prior submission and review compliance of R1 Status from the Environment Agency. Prior to the Renewable Energy Centre development hereby permitted being brought into use, the operator shall submit to the Waste Planning Authority for approval in writing, verification that the facility has achieved Stage R1 Status through Design Stage Certification from the Environment Agency. The facility shall thereafter be configured in accordance with these approved details. Once operational, alterations to the processing plant may be undertaken to satisfy Best Available Technique or continued compliance with R1." 18 of 54
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Birmingham City Council provided the following reasons for imposing this R1 Condition:
"In order to secure the satisfactory development of the application site and to ensure that the development would move waste up the waste hierarchy in accordance with Paragraphs 3.8, 3.10, 3.64A, 3.65, 3.65A- C and 3.67 of the Birmingham UDP 2005 and the National Planning Policy Framework."
If the applicant is unwilling to accept the Secretary of State's R1 Condition and/or the R1 Condition which they accepted for their Castle Bromwich proposal, then the Waste Planning Authority should treat the proposal as one for a disposal facility and take account of all of the adverse planning implications associated with facilities proposed for the bottom of the Waste Hierarchy, and should refuse planning permission on the basis of inconsistency with the Development Plan (e.g. due to conflicts with Waste Core Strategy Policy CS7).
National policy conflicts include conflicts arising from the proposal operating as Disposal would include:
• Paragraphs 1, 3 and 7, and Appendix A of the National Planning Policy for Waste (NPPfW);
• Paragraphs 009 and 046 and Annex 1 of the Planning Practice Guidance on Waste;
• Principal Commitment 1, and Paragraphs 3, 30, 31, 204, 214, and 239 of the Waste Review 2011;
• Paragraphs 30, 47 - 54, and 235 of the EfW Guide; and
• Pages 11 and 14 of the Waste Management Plan for England
In addition to Bilsthorpe, where the R1 condition was deemed necessary by the Secretary of State, and in addition to Castle Bromwich, R1 conditions are now standard for waste gasification plants determined by Waste Planning Authorities, especially in cases such as this where concerns have been raised by consultees regarding a proposal's capability of operating as R1. For example Nottingham City Council - Bulwell Energy Recovery Facility (13/03051/PMFUL3), and West Sussex County Council - Circular Technology Park (WSCC/096/13/F) both imposed R1 conditions in response to concerns raised by consultees.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 4. Assessment & Observations
Background & Planning History
4.1 Hams Hall Distribution Park has developed over the last 20 years or so on the majority of the land formerly occupied by Hams Hall Power Station, which closed in 1992. The Distribution Park is a substantial commercial development and includes a number of large distribution facilities/buildings (both in height and footprint), including Sainsbury’s, Beko/Flavel and Wincanton as well as a BMW engine manufacturing plant and a Hanson Thermalite Block manufacturing plant. The Hams Hall Distribution Park, including the current application site, falls outside the Green Belt.
4.2 Power generation began at Hams Hall in the 1920’s. Three coal fired power stations were built, known as Hams Hall A, B and C, the last of which closed and was demolished in the early 1990’s. Planning permission was granted in 1994 for the Hams Hall Manufacturing and Distribution Park as seen today. A consequence of the 1994 consent was the removal of the redevelopment area covered by that planning permission from the Green Belt
4.3 The planning permission for the redevelopment of the former Hams Hall complex as a manufacturing and distribution complex did not include the whole of the site. The Hams Hall ‘B’ power station site, which is situated to the north of the current application site, was excluded from the distribution park consent and remains in the Green Belt. The Hams Hall ‘B’ power station site has been the subject of a recent planning application (PAP/2016/0399) submitted by Prologis UK and E.ON UK to North Warwickshire Borough Council seeking permission to redevelop the site for industrial/distribution uses. NWBC resolved to approve the application at the 7th November 2016 meeting of their Planning and Development Board, subject to it being referred to the Secretary of State due to its Green Belt location to ascertain whether he wishes to determine the application himself. The Secretary of State has confirmed that he does not wish to call this application in. A Section 106 agreement is in the process of being completed and the Decision Notice will be issued shortly. The scheme would create 85,000 square metres of floor space with the maximum overall height of any building being 19.5 metres.
4.4 Until relatively recent years the application site itself was occupied by a substantial electricity sub-station. This has since been decommissioned and removed with the site now used for open storage. The site is currently used for the storage and distribution of vehicles.
4.5 A small part of the application site, 0.5 hectares to the south-west corner of the site benefits from an extant planning permission for small scale standby electricity generation plant (North Warwickshire Borough Council – PAP/2014/0450, approved 13/10/2014).
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 4.6 In 2012 an application (NWB/12CM004) was submitted to WCC seeking planning permission for the development of a temporary wood waste recycling facility on the site of the former Hams Hall B power station site (site of recent Prologis planning application) located immediately to the north of the current application site. Significantly, the application site fell outside the confines of the Hams Hall employment site where green Belt policy applies and which was considered to be a significant consideration. In addition, the proposed development posed some significant concerns in terms of compatibility with adjacent commercial land uses (particularly the BMW Engine Plant) by virtue of potential dust generation. As a result of these concerns this application was refused in July 2012 for two reasons: firstly, that the proposal was contrary to Green Belt policy and secondly, because the development would not be compatible with adjacent land uses resulting in adverse impacts upon neighbouring occupiers by virtue of dust generation. The full refusal reason is as follows:
(1) The proposed development would be contrary to Policy ENV2 of the North Warwickshire Local Plan 2006 because the development would adversely affect the open character of the area and the proposed use constitutes inappropriate development within the Green Belt as defined by paragraphs 88 to 90 of the NPPF and ENV2 of the adopted Local Plan. Furthermore it is considered that sufficiently strong very special circumstances do not exist to outweigh the harm done to the Green Belt by his inappropriate development. In addition, the development would be contrary to the guidance contained within PPS10 relating to development within the Green Belt.
(2) The proposed development would be contrary to PPS10, Policies 1 and 6 of the Waste Local Plan and Policy ENV11 of the North Warwickshire Borough Local Plan because the development would not be compatible with adjacent land uses resulting in adverse impacts upon neighbouring occupiers by virtue of dust generation.
Site and Surroundings
4.7 The application site is located at the western end of the Hams Hall Distribution Park site close to the entrance into the Distribution Park from the A446/Lichfield Road. Hams Hall is a substantial commercial development including some significant sized industrial buildings. The application site is accessed off the main Hams Hall distributor road, Faraday Avenue. The site lies a little under 2 kilometres to the south- east of Junction 9 (Dunton Island) of the M42 Motorway, from which it is accessed via dual carriageway roads.
4.8 The 2 hectare application site is generally rectangular in shape, level and surfaced in unbound material. The boundary of the site is demarcated by a mix of palisade security fencing and concrete walls. Until relatively recent years the site itself was occupied by a substantial
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 electricity sub-station. The site is currently used for the storage and distribution of vehicles.
4.9 Faraday Avenue, a dual carriageway road, adjoins the southern boundary of the application site, on the opposite side of which are situated a number of commercial units. To the west of the site lies an open area of hardstanding utilised for airport parking (Airport Parking and Hotels Limited), beyond which lies a railway line and a substantial electrical substation. HS2 will be located around 700 metres to the west of the site. To the north of the site lies the Hams Hall B/Prologis site and a small industrial building used in connection with power distribution. To the east of the site is situated two commercial units occupied by distribution companies (Expeditor and DSV). The BMW Engine Plant is located around 250 metres to the east of the application site. The immediate surroundings of the site are interspersed by a number of electrical pylons. Immediately to the south of Hams Hall Distribution Park lies Coleshill Sewage Treatment Works. The STWs site includes a Sludge Destruction Plant (Incinerator which extends to 24 metres in height - excluding chimney, which rises a further 15 metres in height) and an Anaerobic Digestion Facility which generates electricity from a feed stock of food waste.
4.10 Beyond this much of the land to the north and east of the Hams Hall site is agricultural and rural in character. The River Tame loops around southern, eastern and northern boundary of the Distribution Park. A number of sites of ecological and nature conservation interest, including two Sites of Special Scientific Interest are located in close proximity to Hams Hall.
4.11 The village of Lea Marston and town of Coleshill are located around 1 kilometre to the north and south of the application site respectively. The villages of Curdworth and Water Orton are located around 1.5 kilometres to the west and south-west of the site. The M42 and M6 Toll Road are located between these two villages and the application site. The village of Nether Whitacre (Whitacre Heath) lies around 2 kilometres to the east of the application site.
4.12 Residential dwellings in the immediate vicinity are sporadic and limited in number. The nearest, Keepers Cottage is situated around 500 metres to the north of the site (this property is currently unoccupied and is part of Prologis development site). Lea Marton Church (Church of St John the Baptist – Grade 2 Listed Building), a further residential property and Eon Environmental Centre are located approximately 700 metres to the north-east. Newlands Farm is located approximately 600 metres to the west of the application site.
Planning Policy and Context
4.13 Section 38(6) of the 2004 Planning and Compensation Act requires that planning applications are determined in accordance with the provisions of the Development Plan ‘unless material considerations indicate otherwise’. 22 of 54
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4.14 The Development Plan relevant to the proposal, and which the current proposal must be assessed against consists of the North Warwickshire Local Plan Core Strategy adopted October 2014, the saved policies (post Core Strategy adoption) of the North Warwickshire Borough Local Plan adopted July 2006 and the Warwickshire County Council Waste Core Strategy July 2013.
National Planning Policy
National Planning Policy Framework
4.15 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. The NPPF states that there are three dimensions to sustainable development: economic, social and environmental. The Framework states that local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible.
4.16 The NPPF makes it clear that the Government is committed to securing economic growth in order to create jobs and prosperity. It goes on to state that the Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. It further states that investment in business should not be over- burdened by the combined requirements of planning policy expectations.
4.17 The NPPF does not contain specific waste policies, as this is covered in the subsequent publication National Planning Policy for Waste, although makes it clear that the decision maker should have regard to policies within the NPPF so far as relevant.
4.18 The NPPF states that in meeting development needs, the aim should be to minimise pollution and other adverse effects on the local and natural environment. It goes on to state that, planning policies and decisions should aim to; avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development and mitigate and reduce such impacts, including through the use of conditions.
4.19 The NPPF makes it clear that local planning authorities should focus on whether the development itself is an acceptable use of the land, and the impact of the use, rather than the control of the processes or emissions themselves where these are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively.
4.20 The NPPF makes it clear that the Government attaches great importance to design of the built environment. Good design is a key
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 aspect to sustainable development, including individual buildings and wider development schemes.
4.21 The NPPF identifies that the planning system has a key roll in supporting the delivery of renewable energy which is central to sustainable development. The NPPF states that to help increase the supply of renewable energy local planning authorities should recognise the responsibilities of all communities to contribute to energy generation. When determining planning applications LPAs should not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small scale projects provide a valuable contribution to cutting greenhouse gas emission. LPAs should approve applications if its impacts are (or can be made) acceptable.
4.22 The NPPF seeks to conserve and enhance the natural environment, including minimising impacts on valued landscapes, biodiversity and where possible providing net gains in biodiversity, preventing unacceptable levels of air, water and noise pollution and remediating and mitigating derelict/contaminated land and historic environment.
4.23 The NPPF contains advice in respect of Green Belt land and confirms 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 their permanence.
4.24 National Planning Policy for Waste (NPPW), seeks to reduce waste arisings and to use waste as a resource wherever possible, moving waste up the waste hierarchy. Disposing of waste to landfill should be very much the last resort. The guidance note makes it clear that the planning system is pivotal to the adequate and timely provision of the new facilities.
4.25 The NPPW states that when determining waste planning applications, waste planning authorities should:
• only expect applicants to demonstrate the quantitative or market need for new or enhanced waste management facilities where proposals are not consistent with an up-to-date Local Plan. In such cases, waste planning authorities should consider the extent to which the capacity of existing operational facilities would satisfy any identified need;
• recognise that proposals for waste management facilities such as incinerators that cut across up-to-date Local Plans reflecting the vision and aspiration of local communities can give rise to justifiable frustration, and expect applicants to demonstrate that waste disposal facilities not in line with the Local Plan, will not undermine the objectives of the Local Plan through prejudicing movement up the waste hierarchy;
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 • consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B and the locational implications of any advice on health from the relevant health bodies. Waste planning authorities should avoid carrying out their own detailed assessment of epidemiological and other health studies;
• ensure that waste management facilities in themselves are well- designed, so that they contribute positively to the character and quality of the area in which they are located;
• concern themselves with implementing the planning strategy in the Local Plan and not with the control of processes which are a matter for the pollution control authorities. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced;
• ensure that land raising or landfill sites are restored to beneficial after uses at the earliest opportunity and to high environmental standards through the application of appropriate conditions where necessary.
4.26 Appendix B of the NPPW sets out factors waste planning authorities should take into consideration when determining planning applications. This includes: protection of water quality and resources and flood risk management; land instability; landscape and visual impacts; nature conservation; conserving the historic environment; traffic and access; air emissions, including dust; odours; vermin and birds, noise light and vibration; litter; and, potential land use conflict. Appendix B also states that LPA’s should also bear in mind the envisaged waste management facility in terms of type and scale.
4.27 At a higher level a number of documents provide an overview of waste management. The themes and direction of these documents are drawn down into the NPPW and local policy documents.
4.28 The Waste Framework Directive 2008/98/EC seeks to boost waste prevention and recycling as part of the waste hierarchy. The Framework states that the Waste Hierarchy shall apply as a priority order in waste prevention and management legislation and policy. The Waste Hierarchy takes a top down approach of:
a) prevention;
b) preparing for re-use;
c) recycling;
d) other recovery;
e) disposal.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Prevention is now the priority in terms of waste management with disposal the last resort. The waste hierarchy is enshrined in UK law through the Waste (England & Wales) Regulations 2011.
4.29 The Government Review of Waste Policy in England 2011 sets out the objective of aiming for a ‘zero waste economy’ in which material resources are re-used, recycled or recovered wherever possible, and only disposed of as a last resort. The Review has been guided by the ‘waste hierarchy’ prioritising waste prevention, recycling and recovery with disposal very much the last resort. The Review recognises that waste can be used to produce renewable energy reducing demand for energy from fossil fuels. The document supports efficient Energy Recovery, including facilities such as that now proposed, from residual waste which can deliver environmental benefits, reduce carbon impacts and provide economic opportunities. The Review states that energy recovery is an excellent use of many wastes that cannot be recycled and could otherwise go to landfill. The document states that, ‘even with the expected improvements in prevention, reuse and recycling, sufficient residual waste feed stock will be available through diversion from landfill to support significant growth in this area, without conflicting with the drive to move waste further up the hierarchy’.
4.30 The Waste Management Plan for England 2013 affirms the Government’s position of seeking to move waste up the Waste Hierarchy by moving away from disposal and using waste as a resource. The document states that, ‘the Government supports efficient energy recovery from residual waste – of materials which cannot be reused or recycled – to deliver environmental benefits, reduce carbon impact and provide economic opportunities. Our aim is to get the most energy out of waste, not to get the most waste into energy recovery’. The Waste Management Plan for England indicates that other recovery includes gasification and pyrolysis which produce energy (fuel, heat and power).
Local Planning Policies
Warwickshire County Council Waste Core Strategy – July 2013
4.31 The adopted Waste Core Strategy sets out policies in respect of directing future waste development. The policies contained within this document reflect the national government planning policy of producing less waste, and to re-use it as a resource where possible.
4.32 Policy CS1 – Waste Management Capacity, states that sufficient waste management capacity will be provided to manage the equivalent of waste arisings in Warwickshire and as a minimum, achieve the County’s targets for recycling, composting, reuse and landfill diversion.
4.33 Policy CS2 – The Spatial Waste Planning Strategy for Warwickshire seeks waste management facilities to be well located in accordance with identified broad locations (The application site is located within close proximity a secondary settlement, Coleshill, which is one of the 26 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 broad locations identified for new waste facilities), where individual sites are well located to sources of waste, are well located to the strategic transport infrastructure and do not have significant adverse environmental impacts. Within the broad locations the policy states that new waste developments will be supported in, amongst other locations, general industrial land or industrial estates.
4.34 Policy CS3 – Strategy for locating large scale waste sites (facilities managing 50,000 tonnes of waste per annum or more) directs new facilities to within or close proximity to primary or secondary settlements (the Hams Hall Distribution Park is located within close proximity to Coleshill - a secondary settlement).
4.35 Policy CS6 – Proposals for other types of recovery states that proposals for anaerobic digestion, mechanical-biological treatment and other energy or value recovery technologies will be encouraged provided that the development accords with all other policies and: energy or value recovery products are maximised; and is demonstrated that any resulting residues are satisfactorily managed and disposed of. The policy goes on to say that the Council will seek to meet identified capacity gaps for each waste stream (and where applicable, treatment gaps to meet landfill diversion targets), where a shortfall is indicated through the Authority’s Annual Monitoring Report process. The supporting text to the policy recognises that energy recovery includes any activity which enables energy to be produced from the waste management activity, including advanced thermal treatment (gasification/pyrolysis).
4.36 The supporting text to Policy CS6 goes on to state that, ‘the latest evidence indicates that there is a shortage of residual treatment capacity available to meet the County’s minimum landfill diversion targets. However such facilities may enable the County to surpass these targets and maximise the potential value of the resource through the recovery of energy and other by-products. In seeking to achieve the Government’s aim of getting the most energy out of the residual waste, rather than to get the most waste into recovery, proposals will be supported where they demonstrate that the facility is located close to the sources of waste and that there is a regular and reliable supply of feedstock. New proposals for such activities will need to adequately demonstrate that the energy recovery is maximised and all residues are satisfactorily managed and disposed of.’
4.37 The Waste Core Strategy also includes general Development Management policies which relate to all development proposals.
4.38 Policy DM1 – Protection of the Natural and Built Environment, requires new development to conserve and where possible enhance the natural and built environment by ensuring that there are no unacceptable adverse impacts upon, amongst other things, adjacent landusers and occupiers.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 4.39 Policy DM2 - Managing Health and Amenity Impacts of Waste Development, relates to environmental controls and states that waste management proposals will be permitted where it can be demonstrated that the development will have no significant adverse impacts on the local environment or communities through, amongst other things, noise, visual intrusion, odour, dust, emissions, traffic, etc. The policy goes on to state that planning permission will not be granted for waste management proposals where by reason of the collective impact of different proposals or by reason of a number of impacts for the same development, the proposal has an unacceptable cumulative impact.
4.40 Policy DM3 – Sustainable Transportation, seeks waste management facilities to use alternatives to road transport where feasible. Where road is the only viable method of transportation developers must demonstrate that there is no unacceptable adverse impact on the safety, capacity and use of the highway.
4.41 Policy DM4 – Design of New Waste Management Facilities requires the design of waste management facilities to, amongst other things: demonstrate appropriate scale, density, massing, height, landform and materials; retain and enhance existing landscape features where possible; and, ensure safe vehicle movements.
4.42 Policy DM6 – Flood Risk and Water Quality seeks to prevent flooding and protect water quality. Policy DM7 – Aviation Safeguarding seeks to prevent unacceptable hazard to aviation.
North Warwickshire Borough Local Development Framework Core Strategy adopted June 2011
4.43 Policy NW1 – Sustainable Development of the North Warwickshire Borough Core Strategy states that, planning applications that accord with the policies in the Core Strategy will be approved without delay, unless materials considerations indicate otherwise. Policy NW2 Settlement Hierarchy directs the location of development in accordance with a settlement hierarchy.
4.44 Policy NW3 Green Belt sets out policy relating to development within the Green Belt. The policy states that areas within development boundaries are excluded from the Green Belt.
4.45 Policy NW10 Development Considerations states that, development should meet the needs of residents and businesses without compromising the ability of future generations to enjoy the same quality of life that the present generation aspires to. Development should, amongst other things: be targeted to using brownfield land in appropriate locations reflecting the settlement hierarchy; provide for proper vehicular access; sufficient parking and manoeuvring; avoid and address unacceptable impacts upon neighbouring amenities through overlooking, overshadowing, noise, light, fumes or other pollution; protect and enhance the historic environment; manage the impacts of climate change; protect ground and surface waters. 28 of 54
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4.46 Policy NW11 Renewable Energy and Energy Efficiency states that renewable energy projects will be supported where, amongst other things, they respect the capacity and sensitivity of the landscape and communities to accommodate them. The supporting text to this policy states that, ‘Climate change is a key priority for all and over the coming years the move to zero carbon will influence the future policy background. Changes, especially with the improvement in green technology, can have a major long lasting impact. The Borough Council is committed to reducing the carbon foot print of the Borough and encourages changes that lead to such improvements’.
4.47 Policy NW12 – Quality of Development states that all development proposals must, amongst other things, demonstrate a high quality of sustainable design that positively improve the individual settlements character; appearance and environmental quality of an area; appearance and environmental quality of an area; sustain, conserve and enhance the historic environment; provide, conserve and enhance biodiversity; and, create linkages between green spaces and wildlife corridors.
4.48 Policy NW13 – Natural Environment – requires that the quality, character, diversity and local distinctiveness of the natural environment be protected and enhanced. Policy NW14 Historic Environment – seeks to conserve and enhance the quality, character, diversity and local distinctiveness of the historic environment. Policy NW15 Nature Conservation seeks to protect sites and species of nature conservation value.
Saved policies (Post Core Strategy adoption) of the North Warwickshire Borough Local Plan 2006
4.49 Policy ENV9 – Air Quality of the Local Plan seeks to safeguard and enhance air quality in the Borough. Policy ENV12 – Urban Design states that development will only be permitted if, amongst other things, all the elements of the proposal are well related to each other and harmonise with both the immediate setting and wider surroundings to present a visually attractive environment. Policy ENV13 – Building Design states that new buildings will only be permitted where the scale, massing, height and appearance of the proposal positively integrates into its surroundings and the materials and detailing used respect and enhance local distinctiveness.
4.50 Policy ECON1 – Industrial Estates identifies Hams Hall as an employment site of regional significance.
Policy Considerations
4.51 The application site has a history of commercial use and is located within the Hams Hall Distribution Park which is a large industrial estate recognised as an employment site of regional significance. Hams Hall is located within one of the broad locations where preference is given 29 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 to the development of new waste facilities. The application site location is therefore one where the development of waste facilities are supported in principle by policy CS2 of the Waste Core Strategy for Warwickshire, subject to compliance with the wider polices of the Development Plan. The site is also well located to centres of population/potential sources of waste and the strategic highway network, which are further policy considerations that support the establishment of a waste facility in this location in principle.
4.52 Hams Hall Distribution Park is almost entirely surrounded by Green Belt. However, the Distribution Park and the application site itself are excluded from and fall outside of the Green Belt. This is a significant point in terms of the concerns raised by North Warwickshire Borough Council and Curdworth Parish Council regarding potential impact the development would have upon the openness of the Green Belt. Development undertaken within the Hams Hall Distribution Park is not located within the Green Belt and is therefore not subject to Green Belt policy. Green Belt policy therefore does not apply to the application site and wider Hams Hall Distribution Park. Accordingly the proposed development would not adversely impact upon the openness of the Green Belt and does not conflict with Green Belt policy. Notwithstanding this conclusion the proposed development is large in scale and is likely to be visible from vantage points outside of Hams Hall which lie within the Green Belt. In this context visual impact of the proposed development upon the surrounding landscape, including that falling within the Green Belt, is relevant and is assessed elsewhere in this report. When assessing the scale and design of the proposed development it is also important to note that there are no planning policies or design or development brief relating to the Hams Hall site which seek to restrict the type, scale or appearance of development carried out within the Distribution Park.
4.53 The proposed facility would divert waste away from landfill putting it to a beneficial use as a resource utilised to generate energy. This is supported by both national and local waste policy. The NPPF highlights the importance of renewable or low carbon energy development and recognises that even small scale projects provide a valuable contribution to cutting greenhouse gas emissions. The proposed facility is considered to be a renewable source of energy. Utilising waste as a resource and a fuel for power generation would provide economic benefits and diversify energy supply and utilise locally sourced residual waste thereby reducing reliance on fossil fuels. This is broadly supported by planning policy.
4.54 The Waste Hierarchy is a key pillar of waste management policy from European legislation through to local waste policy. Waste prevention and preparing for re-use is at the top of the waste hierarchy and very much the priority with disposal at the bottom of the hierarchy and last resort in terms of waste management options. Other recovery sits above disposal in the waste hierarchy. The Waste Management Plan for England indicates that other recovery includes gasification which produces energy (fuels, heat and power). The proposed REC Facility 30 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 would only treat residual waste that cannot be treated at any higher tier in the waste hierarchy. In addition to recovering energy from the waste the REC facility would also seek to maximise opportunities to recycle materials, by removing metals from the waste, and recycle bottom ash generated by the process for use as a recycled aggregate. Viewed in this context the proposed facility would therefore assist with driving waste up the waste hierarchy, moving away from disposal and enabling the reuse of waste as a resource.
4.55 UKWIN (The United Kingdom Without Incineration Network) and Councillor Keith Kondakor have challenged where the proposal falls in the waste hierarchy. They consider that the applicant has failed to demonstrate that the proposal is a recovery operation (other recovery) within the waste hierarchy and therefore conclude that it is a disposal operation at the bottom of the hierarchy. They are effectively saying that the proposed development is equal to or no better than landfill or incineration without energy generation and would therefore be contrary to policy.
4.56 UKWIN suggest that uncertainty exists regarding the reliability, viability, robustness and flexibility of the technology proposed, which should reduce the weight given to any claimed benefits. UKWIN believe that in this instance the claimed potential benefits should be given little weight due to the fact that the applicant has not provided adequate evidence about the performance of the proposed technology. They indicate that there is no evidence provided to indicate that the proposed facility would be able to meet or exceed the R1 status.
4.57 R1 is an Energy Efficiency Formula derived from and set out within the Waste Framework Directive. It is a performance indicator for the level of energy recovered from waste. It is based on factors including the energy produced by a plant and the energy contained in the waste. Where the value of R1 is calculated as being greater than 0.65 the process can be classed as a recovery rather than disposal operation, placing it higher up the waste hierarchy. Any plant that falls below the 0.65 threshold is classified as a disposal operation (D10). R1 status is a function administered by the Environment Agency in England. In order for a plant to be classified as a recovery facility the operator would need to apply to the Environment Agency for R1 status.
4.58 The Waste Framework Directive defines recovery and disposal as follows:
‘recovery’ means any operation the principle result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations.
‘disposal’ means any operation which is not recovery even where the operation has a secondary consequence of reclamation of substances
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 or energy. Annex I sets out a non-exhaustive list of disposal operations.’
4.59 There is some debate as to whether or not plants such as that now proposed are recovery (R1) or disposal (D10) operations and accordingly argument over the environmental benefits of such facilities. Importantly however operators of facilities operated in this country do not currently have to obtain R1 status, it is voluntary. It is only compulsory for plants which import and use waste from other EU Member States. In addition R1 status is not a function of or requirement of the planning system and is not referred to in planning legislation or policy documents. It is therefore not necessary to demonstrate R1 Status as a requirement for the determination of this planning permission. It is also worth noting that the formula for calculating R1 Status includes a number of variables that can only be determined with any accuracy at the detailed technology design phase and once the balance of energy output as heat or electricity is established, which is likely to be determined at the post planning stage. In order to maintain R1 status annual review of actual performance is required based on the previous years operation. Thus guaranteeing R1 status of the facility throughout its operational life at this stage is likely to be difficult.
4.60 Key to determination of this application is waste planning policy and where the proposal sits within the waste hierarchy. The Waste Management Plan for England indicates that gasification which produces energy (fuels, heat and power) is ‘other recovery’ and therefore it must be concluded that the proposed facility would therefore assist with driving waste up the waste hierarchy and accord with policy. Notwithstanding this, it is clear that planning authorities and the Planning Inspectorate have increasingly chosen to apply an R1 based planning condition to recent planning permissions granted for similar facilities and UKWIN suggest that a similarly worded condition is applied in this case. In granting planning permission in June 2016 for a similar but smaller facility proposed by the same applicant in Castle Bromwich, Birmingham City Council imposed a condition requiring verification of the R1 Status of the facility to be demonstrated. The planning permission also included a condition requiring a Combined Heat and Power Feasibility Review to assess potential commercial opportunities for the use of heat from the development to be submitted for approval. It is considered that such conditions are useful tools to ensuring the energy efficiency and environmental credentials of the facility and accordingly compliance with planning policy. Therefore, it is recommended that similarly worded conditions are imposed in this instance. Suitably worded conditions are suggested.
4.61 In support of the proposed development the applicant has undertaken a Waste Feedstock Study. The stated purpose of the study was to ensure that there would be sufficient residual waste feedstock available in order to ensure continuous operation of the proposed REC and to assess its operational and economic viability. In essence the study seeks to establish the need for the proposed facility. The study 32 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 focused on commercial and industrial waste arisings, being considered the most likely source of waste feedstock to the proposed REC. The study area extended beyond Warwickshire into neighbouring counties and districts.
4.62 The Feedstock Study initially identified 7.25 mtpa of commercial and industrial waste arisings generated within Warwickshire and adjacent waste planning authorities. This was a broad-brush assessment and was considered to be at best indicative. Nevertheless the applicant considers that it demonstrated that there was a significant volume of waste generated annually within a broadly defined area centred on Warwickshire. A further refined assessment was undertaken using information drawn from the Environment Agency, based on quarterly returns from waste management operators and focused on a study area defined by a 1 hour drive time from the proposed site. This study identified circa 1 mtpa of potentially suitable waste feedstock within the 1 hour drive time of the proposed REC, albeit recognising that not all of this would be suitable materials for gasification. The study also recognises that the amount of RDF exported from the UK has grown significantly in recent years, rising from zero in 2009 to 900,000 tonnes in 2012 that could otherwise be utilised as a resource in the UK. It also recognises that a significant amount of the municipal waste arising in Warwickshire is currently exported to Energy from Waste Facilities located outside of the County.
4.63 The 2013 Waste Core Strategy indicates a shortage of residual waste treatment capacity available within the County to meet minimum landfill diversion targets. Whilst some additional waste treatment capacity will have been approved and brought on line since 2013 no facilities of the nature now proposed, capable of utilising the residual waste stream as a refuse derived fuel, have been approved or developed in Warwickshire in the intervening period. The proposed facility will provide an additional waste management option to the local market which in addition would produce energy from the waste. Policy CS1 – Waste Management Capacity of the Waste Core Strategy seeks sufficient waste management capacity to be provided to manage the equivalent of waste arisings in Warwickshire and achieve the County’s targets for recycling, composting, reuse and landfill diversion as a minimum. It is therefore concluded that a need for the facility, which would not undermine the objectives of the waste hierarchy, has been demonstrated.
4.64 The proposed development would provide additional employment, across a range of skills, in the area during both construction and operation of the facility and constitutes a significant financial investment. This would also support the local economy and economic growth, which are all key features of national planning policy.
4.65 The design of the proposed facility is industrial in character and is a well-designed modern styled example of its type. The function of the facility and the plant and equipment that are required dictates the design of the facility and to a large extent its external appearance. The 33 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 design and scale of the proposed facility would be in character with its industrial surroundings and therefore accord with national and local waste planning policy which seek to ensure that new waste facilities are well-designed and that they contribute positively to the character and quality of the area in which they are located.
Amenity Issues
Visual/Landscape Impact
4.66 The proposed Renewable Energy Centre would be significant in scale with the main building extending 88 metres by 73 metres by 24 metres in height. The facility would include external plant and equipment extending to similar heights as the main building and also include a flue stack extending to 52 metres in height.
4.67 A significant aspect of North Warwickshire Borough Council’s objection to the proposed facility relates to the scale of the development, particularly its height which is considered to be out of keeping with the locality and would cause adverse visual impact locally.
4.68 Hams Hall Distribution Park is a substantial industrial estate consisting of a number of large scale industrial buildings, including some exceeding 20 metres in height, which in themselves and as a group have a landscape and visual impact on the surroundings. The Distribution Park and surrounding landscape are interspersed with electricity pylons of significant scale which are a remnant of the sites former power station use and which are an integral characteristic of the immediate landscape.
4.69 The potential effects of the proposed development upon landscape character and visual amenity were assessed by the Environmental Impact Assessment. The assessment acknowledges that the development would introduce new buildings and structures to Hams Hall Distribution Park. However, it considers that these would be of similar design to surrounding premises and the prevailing architectural form of strong rectangular buildings. The assessment concludes that the character of the landscape/townscape in this part of Hams Hall Distribution Park would not be changed or redefined, and would be simply reinforced, and the surrounding areas of landscape would be subject to a negligible magnitude of change. The assessment also concludes that visual amenity impacts would not be significant.
4.70 The application site is located within Hams Hall Business Park. The height of the main building would be taller than the adjacent built form, but of similar height to a number of the existing buildings situated elsewhere within the Business Park. The flue stack would be an additional feature in the skyline and at 52 metres is significant in height. However, at 2.8 metres in diameter it would be slender in design and coloured grey would not be intrusive. In addition the flue stack would be viewed in a landscape/skyline interspersed with pylons carrying electrical lines so would not be a lone tall industrial structure. With the 34 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 development of the Prologis/B Power Station site to the north of the application site the REC Facility would be largely viewed within an enclosed industrial setting of large boxy buildings. It is considered that when viewing Hams Hall from vantage points beyond the boundaries of the Distribution Park introduction of the proposed REC Facility to the industrial setting is unlikely to result in significant adverse visual impact.
4.71 The design and form of the building and structures comprising the REC are reflective of the requirements of the plant and equipment required within the facility. The main building would be coloured in graded grey bands, lightening in shade towards the roof, in order to reduce the visual influence of the building against the skyline. Given the application sites location within the industrial estate setting the scale and design of the proposed facility is considered to be in keeping and acceptable. The building would be tall and it would be prominent when entering the Distribution Park. However, it is considered that it would not be overly dominant or intrusive when seen in the wider context.
4.72 A characteristic of Hams Hall Distribution Park are belts of landscape planting alongside the main roads around the site which has matured over time to break up the industrial setting and soften the appearance of the distribution park. The application site is close to the entrance into Hams Hall and would be prominent when viewed from Faraday Avenue, the main distributor estate road. The proposals include a landscaping scheme along the highway frontage of the site, which the applicants have bolstered in response to concerns raised by North Warwickshire Borough Council regarding the scale and height of the facility. In time this would mature to reinforce the vegetated character of the Distribution Park and provide some visual screening for the REC.
Air Quality
4.73 Operation of a facility such as that now proposed has the potential to generate emissions to air resulting from handling and processing of incoming waste/RDF materials and through the thermal/combustion process.
4.74 The Environmental Statement submitted with the application included an Air Quality Assessment which assessed the potential effects on air quality arising from emissions from the flue stack, bio-aerosol emissions and odour from the operation of the REC facility and potential dust emissions during construction and operation of the facility.
4.75 The AQA concluded that the releases of emissions from the flue stack would result in an insignificant change to concentrations at the assessed local receptor locations for all pollutants and all average periods. It was therefore determined that the emissions would be insignificant in terms of their effect on human health and ecological receptors, and pose no threat to the attainment of applicable environmental standards. The qualitative assessment of bio-aerosols identified that whilst the proposed development would handle some 35 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 organic waste, this would be handled internally within the facility (not within the open air) and that as the overall volume of organic content handled would be low the generation of bio-aerosols at the proposed REC would also be low. The Odour Risk Assessment concluded that the effects would be negligible for all local receptors with the exception of two locations (properties on Church Lane) where the effects were slight. The assessment was based on a worst-case assessment and it therefore concludes that the effects would be insignificant. The assessment of dust impacts arising during construction were also determined to be not significant, although mitigation measures are proposed to minimise the potential for dust generation.
4.76 The proposed REC would be a modern well designed facility with all waste/RDF handling, processing and its use as fuel carried out within the enclosed and controlled environment of the main building. The REC facility and activities and processes carried out on site would be undertaken within the limitations of an Environmental Permit which is issued, monitored and enforced by the Environment Agency. The Permit would require all emissions from the flue stack to be continually monitored in order to ensure compliance with the emissions thresholds of the Industrial Emissions Directive (IED). The Environment Agency has been consulted on the proposed development and has given no indication that the REC facility would not be able to operate in accordance with an Environmental Permit.
4.77 Public Health Warwickshire (PHW) recognise that facilities such as that now proposed make only a very small contribution to local concentrations of air pollutants and very small, if detectable, impacts upon public health. In order to minimise any potential impact emissions may have on the physical and mental health and wellbeing of employees, and of local residents in the surrounding area PHW emphasise the importance of the plant being monitored and controlled at all times to ensure operating conditions of the Environmental Permit are complied with. This is a matter for the Environment Agency to monitor and enforce.
4.78 The Environmental Health Officer at North Warwickshire Borough Council has reviewed the air quality assessment and agrees with the methodologies used and subsequent results. He does however raise some concerns regarding potential odour arising from this type of facility, based on experience of other waste operations. Odour control would be a condition of the Environmental Permit monitored and enforced by the Environment agency. Notwithstanding this, odour management plans have been secured in similar situations in the past. Whilst there may be some duplication with controls contained within the Environmental Permit a condition is suggested in order to ensure that an Odour Management Plan is secured.
4.79 Whilst acknowledging the concerns raised by North Warwickshire Borough Council and Curdworth and Lea Marston Parish Councils in respect of potential emissions and pollution risk the findings of the
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Environmental Impact Assessment and advice of the technical consultees do not support these views.
Noise
4.80 Noise emissions would result from both the construction and operation of the facility. Construction noise would be short-term whilst the site is developed. Operational noise would be a long-term feature throughout the operational life of the facility.
4.81 The facility would operate 24 hours per day seven days per week and likely noise sources would include; vehicle movements, materials handling and processing and general operation of the facility.
4.82 All waste/RDF handling and processing would be undertaken within main building, with the majority of noise generating plant located within the building. The building would be fully enclosed and incorporate fast acting doors which would only be open to allow vehicles to enter and leave the building. Thus noise generating activities would be contained and therefore noise emissions from the site would be limited.
4.83 The Environmental Statement submitted with the application included a noise assessment which assesses the potential noise impacts associated with construction and operation of the facility. The assessment concludes that noise generated by construction activities would be typical for an industrial setting and would be negligible at the nearest residential property. The noise assessment found that noise levels associated with operation of the REC Facility would be below background levels at the nearest properties both during the day and night time periods. The assessment therefore concludes that noise from the operation of the proposed REC would be negligible. In terms of traffic generation the noise assessment found that there would be no notable change in overall traffic generated and thereby a negligible effect on noise generation on the surrounding road network.
4.84 The Environmental Health Officer at North Warwickshire Borough Council agrees with the methodologies and results of the noise assessment.
4.85 The application site is not noise sensitive being located within an industrial location where many businesses operate on a 24 hour basis. The site is also in close proximity to the M42 and M6 Toll Motorways and railway lines. The background noise levels are therefore relatively high. The nearest occupied residential property is located 600 metres from the proposed REC facility. It is therefore concluded that noise arising from operation of the facility is unlikely to result is adverse impact.
Highway and Traffic
4.86 Operation of the approved facility would generate 88 HGV movements (44 in/44 out) per day. 37 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017
4.87 The site is accessed off Faraday Avenue which is the main arterial route into Hams Hall Distribution Park. Faraday Avenue joins the A446 Lichfield Road to the west of Hams Hall which in turn joins the M42 motorway at Junction 9 a short distance to the north. The route from the M42 is all dual carriageway roads.
4.88 A Transport Assessment submitted with the planning application concluded that the vehicle movements generated by the proposed development fall well within the normal day to day fluctuations in traffic flow upon the surrounding highway network and junctions. The assessment concludes that the development would result in a slight increase in total traffic flows on the local highway network which would have a negligible impact in terms of the safe and efficient operation of the highway.
4.89 The Highways Agency and WCC Highways agree with these conclusions. The immediate highway network is therefore satisfactory for the type and level of traffic the proposed development would generate.
4.90 The existing site access does not meet current highway standards in terms of its geometry to the highway and ability to allow free flow of vehicles entering and leaving the site. The application includes proposals to realign and reconstruct the site access in order to allow it to operate satisfactorily. This would allow the largest vehicles accessing the site to pass one another safely within the access and driveway. This would be an improvement on the existing layout. Suitably worded conditions are suggested in order to secure reconstruction of the site access in accordance with the standard specification of the Highway Authority.
4.91 HGV parking along the roads around Hams Hall and the consequent impact on the free flow of traffic around the Business Park has been highlighted as a concern by the occupiers of another business unit located within the estate. This problem arises because of insufficient parking available within existing sites or site occupiers not allowing site access for vehicles waiting to unload. It is beyond the remit of this application to resolve existing issues and parking problems within the Hams Hall Business Park. It is however appropriate for new developments to include adequate measures so as not to exacerbate the problem or make them materially worse. In order to reduce the potential of vehicles parking-up elsewhere within the estate or queuing to access the facility the site layout has been designed to incorporate long internal roadways to provide adequate on-site vehicle queuing and stacking capacity. The capacity proposed is considered to be adequate for the level of traffic the facility would generate.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Residential Amenity
4.92 The REC Facility would be located within Hams Hall Distribution Park separated from the nearest residential properties by 600 metres with the main centres of population around 1 kilometre from the site. The facility would be accessed directly from the strategic highway network taking traffic away from the surrounding towns and villages. Day to day operation of the facility would fall within the Environmental Permitting regime, monitored and enforced by the Environment Agency, which seeks to protect the environment and amenity of nearby occupiers. Technical consultees, including the Environment Agency, North Warwickshire Borough Council Environmental Health Department and Public Health Warwickshire, raise no objection to the proposed development, subject to conditions. It is therefore concluded that the proposed development could be operated without adverse impact and would result in no greater impact upon the amenity of nearby residents than that resulting from the existing Hams Hall Distribution Park.
Ecology
4.93 The application site itself has a history of industrial use and is now substantially covered with hardstanding. The site itself is therefore of limited ecological value. A number of sites of ecological value, some with statutory designations, are located in close proximity to Hams Hall.
4.94 An Ecological assessment submitted with the application reflects this position establishing that the application site has very low ecological value, with potential for higher value features on adjacent land. The ecological assessment concluded that there would be no significant effects on statutory of non-statutory designated sites or habitats, and no significant effects on protected species. Notwithstanding this, the ecological assessment recommended pollution prevention and control measures be employed during construction, a lighting scheme to adjacent habitats and a pre-construction badger survey.
4.95 The County Ecologist and Natural England agree with these findings subject to the protection measures outlined above being secured by condition.
Flood Risk, Drainage & Water Quality
4.96 Surface waters generated within the REC Facility would be intercepted by an on site sustainable urban drainage system, capable of containing a 1 in 100 year storm. Pollution control measures such as deep trapped gullies, bypass separator and/or full retention separators would be installed within the site.
4.97 The planning application was accompanied by an assessment of the potential effects on Hydrology and Flood Risk and included a Flood Risk Assessment. The overall conclusions drawn from the Flood Risk Assessment are that the development would be appropriately safe for 39 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 its lifetime taking account of the vulnerability of its users, the development would not increase flood risk elsewhere, and would reduce flood risk elsewhere.
4.98 The Lead Local Flood Authority agree with these findings subject to a condition requiring detailed surface and foul water drainage for the site to be agreed. A suitably worded condition is suggested.
4.99 The application site comprised part of the former power station and there is therefore potential for ground contamination to exist. The application includes an assessment of ground conditions and identified a range of remediation measures should contamination be encountered and concludes that with appropriate mitigation the development would a neutral impact on the environment.
4.100 The Environment Agency raise no objection to the development subject to the imposition of conditions to ensure the investigation and remediation of ground contamination. Suitably worded conditions are suggested.
Archaeology & Cultural Heritage
4.101 The industrial history of the site is such that any features of archaeological interest have been long lost. The nearest heritage asset, the Church of St John the Baptist (Grade 2 Listed), is located around 700 metres to the north-east of the application site. Existing commercial land uses and the Prologis/B Power Station development site are situated between the church and application site. The separation distance between the application site and church would result in limited to insignificant impact upon the heritage asset.
Fire Risk
4.102 The proposed REC facility would be a modern purpose built waste management facility operated within a controlled environment. The facility would include provision of a 1 million litre capacity fire water storage tank and pump house for use in the event of a fire. All waste and RDF would be received, handled and processed within the main building which would reduce the risk of fire and assist with containment should a fire occur. Fire control and management systems would be a requirement of other legislative frameworks.
Environmental Permitting
4.103 The proposed facility falls under the remit of the Environmental Permitting Regulations (England and Wales) 2007. The applicant would therefore need to secure an Environmental Permit from the Environment Agency in advance of the facility operating. The Permit would contain conditions to protect the environment and human health. Typically conditions would cover; waste inputs, process controls, emission limits and performance monitoring, etc.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 4.104 Both the NPPF and NPPW (National Planning Policy for Waste) make it clear that Waste Planning Authorities should concern themselves with implementing the planning strategy in the Local Plan and not with the control of processes which are a matter for the pollution control authorities. Both documents make it clear that Waste Planning Authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.
4.105 The Environment Agency has indicated no concerns in respect of the site securing and being able to operate within the provisions of the Permitting regime.
Consideration of Alternatives
4.106 North Warwickshire Borough Council seeks assurance that alternative locations have been fully explored and dismissed on planning grounds. The Environmental Statement submitted with the application includes consideration of alternatives. This states that other sites in the control of the landowner (Eon) were considered early in the feasibility process, however, the principle reason for the selection of the site was its location within an allocated site in an industrial area with good access to the primary highway network and in close proximity to energy intensive industrial customers. This in itself is sound reasoning. In determining this application it is necessary to consider the proposal on its own merits in respect of the application site. The fact that other sites may exist which could offer an alternative location is not a reason to refuse an application which is otherwise acceptable.
5. Conclusions
5.1 The application seeks permission to allow the development of a Renewable Energy Centre on land within Hams Hall Distribution Park. The facility would utilise non-hazardous residual waste as a fuel to generate energy for use as both heat and power.
5.2 The development gains considerable policy support in respect of its contribution towards diverting waste away from landfill and utilising it as a resource. The location of the application site on an industrial estate with good highway links, which is situated within one of the broad locations the Waste Core Strategy directs such facilities towards, also highlights the policy backing.
5.3 An Environmental Impact Assessment of the proposed development included various technical assessments which conclude that the REC facility would not result in any significant adverse environmental effects arising. Furthermore, the REC facility would be operated under conditions set out within an Environmental Permit, issued, monitored and enforced by the Environment Agency and operated in compliance with the European Industrial Emissions Directive to ensure there would be no adverse effect on human health or the environment. Subject to the imposition of conditions neither the Environment Agency, Public
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Health Warwickshire or Environmental Health Officer at North Warwickshire Borough Council disagree with these conclusions.
5.4 It is therefore concluded that subject to the imposition of suitably worded conditions the application can be supported.
6. Background Papers
None
7. Supporting Documents
7.1 Submitted Planning Application – Planning reference NWB/16CM011
7.2 Appendix A – Map of site and location.
7.3 Appendix B – Planning Conditions.
Name Contact Information Report Author Matthew Williams [email protected] 01926 41 2822 Head of Service Mark Ryder [email protected] 01926 41 2811 Strategic Director Monica Fogarty [email protected] 01926 41 2514 Portfolio Holder Cllr Peter Butlin [email protected]
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Lea Marston
Former B. Power Station/ Prologis Site Application Site
Hams Hall Distribution Park
© Crown Copyright and database right 2015. Ordnance Survey 100019520.
Application No.: NWB/16CM011 Renewable Energy Centre (Gasification Plant), Hams Hall Distribution Park
Warwickshire County Council Regulatory Committee:8 November 2016 Shire Hall Warwick, CV34 4SA Scale: 1:10000 Drawn by: Bee Yew-Booth Dept.:Communities Telephone: (01926) 410410 ´ www.warwickshire.gov.uk Lea Marston
Former B. Power Station/ Application Site Prologis Site
Hams Hall Distribution Park
© Crown Copyright and database right 2015. Ordnance Survey 100019520.
Application No.: NWB/16CM011 Renewable Energy Centre (Gasification Plant), Hams Hall Distribution Park
Warwickshire County Council Regulatory Committee:8 November 2016 Shire Hall Warwick, CV34 4SA Scale: 1:20000 Drawn by: Bee Yew-Booth Dept.:Communities Telephone: (01926) 410410 ´ www.warwickshire.gov.uk Appendix B.
Regulatory Committee
7 February 2017
Construction and Operation of a Renewable Energy Centre (Gasification Plant) for the Recovery of Energy from Non-Hazardous Residual Waste. Land at hams Hall National Distribution Centre, Faraday Avenue, Coleshill
NWB/16CM011
Planning Conditions.
COMMENCEMENT DATE
1. The development hereby permitted shall be begun not later than 3 years from the date of this permission.
Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004
2. No more than 150,000 tonnes combined total of residual waste or Refuse Derived Fuel shall be imported to the site in any calendar year.
Reason: In order to ensure satisfactory control over development and use of the site.
3. No development hereby permitted shall be commenced until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall have been submitted to and approved, in writing, by the local planning authority:
1. A preliminary risk assessment which has identified: all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; and, potentially unacceptable risks arising from contamination at the site.
2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and arrangements for reporting to the planning authority on the implementation of those longer term requirements.
For the avoidance of doubt, each component may be submitted for approval sequentially. Following approval, any changes to the Strategy require the express written consent of the local planning authority. The Strategy shall be implemented as approved.
Reason: In order to mediate risks associated with the potential for contamination to be present on the site.
4. Prior to occupation of any part of the development a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the County Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. The plan shall be implemented as approved.
Reason: To ensure that any remedial works required as an outcome of the site investigation and risk assessment are completed to a satisfactory standard.
5. Access for vehicles to the site from the public highway (Faraday Avenue D703) shall not be made other than at the position identified on the approved drawing, number K.0173_05 Rev H, and shall not be used unless a bellmouth has been laid out and constructed within the public highway in accordance with the standard specification of the Highway Authority. Gates / barriers erected within the entrance to the site for vehicles shall be located in the positions shown on the approved drawing, and shall not be hung so as to open towards the near edge of the public highway carriageway.
Reason: In the interests of highway safety.
6. Notwithstanding the plans submitted the development shall not be occupied until all parts of the existing access within the public highway not included in the permitted means of access has been closed and the kerb, footway and verge has been reinstated in accordance with the standard specification of the Highway Authority.
Reason: In the interests of highway safety.
7. The development hereby permitted shall not be commenced until full details of the provision of the access, car parking, manoeuvring and service areas, including surfacing, drainage and levels have been submitted to and approved in writing by the County Planning Authority. No building shall be occupied until the areas have been laid out in accordance with the approved details. Such areas shall be permanently retained for the purpose of parking and manoeuvring of vehicles, as the case may be. The vehicular access to the site shall not be constructed in such a manner as to reduce the effective capacity of any highway drain or permit surface water to run off the site onto the public highway.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Reason: In the interests of highway safety.
8. The bellmouth junction to the development shall not be used until visibility splays have been provided to the pedestrian / NMU crossing point with ‘x’ distances of 1.5 metres and ‘y’ distances of 11.0 metres as measured from the rear edge of the highway footway. No structure, tree or shrub shall be erected, planted or retained within the splays exceeding, or likely to exceed at maturity, a height of 0.6 metres above the level of the highway footway. 5. The development hereby permitted shall not commence or continue unless measures are in place to prevent/minimise the spread of extraneous material onto the public highway by the wheels of vehicles using the site and to clean the public highway of such material.
Reason: In the interests of highway safety.
9. Deliveries and collections associated with the construction of the proposed development shall not occur during peak periods on the highway network (08:00 – 09:00 and 17:00 – 18:00).
Reason: In the interests of highway safety.
10. The development hereby permitted shall not be commenced (including demolition and ground works) until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the County Planning Authority. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing with the local planning authority.
Reason: In accordance with NPPF and to ensure that no protected species are harmed.
11. Immediately before any development takes place the site shall be surveyed for the presence of badgers by a suitably qualified ecologist. The results of any badger survey, and recommendations made relating to this shall be kept confidential, and taken into account during development design and implementation.
Reason: To ensure appropriate measures are taken in relation to protected species.
12. The development hereby permitted shall not be commenced until an odour management plan has been submitted to the County Planning Authority for approval. Following approval the Odour Management Plan, or any variation or replacement so approved, shall be implemented throughout the operational life of the facility.
Reason: In order to protect the amenity of the area and nearby occupiers.
13. The development hereby permitted shall not be commenced until details of all external light fittings and external light columns have been submitted to and approved by the Local Planning Authority. The development shall not be carried out otherwise than in full accordance with such approved details.
Reason: In accordance with NPPF, ODPM Circular 2005/06.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 14. The development hereby permitted shall not be commenced until detailed surface and foul water drainage schemes for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, have been submitted and approved in writing by the County Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall:
a. Demonstrate that the surface water drainage system(s) are designed in accordance with CIRIA C753
b. Evidence that the discharge rate generated by all rainfall events up to and including the 100 year plus 40% (allowance for climate change) critical rain storm has been limited to the 1 in 1yr greenfield runoff rate (7l/s) for all return periods
c. Demonstrate detailed design (plans, network details, typical cross-sections and calculations) in support of any surface water drainage scheme, including details of any attenuation 2 / 2 system, and outfall arrangements. Calculations should demonstrate the performance of the drainage system for a range of return periods and storms durations inclusive of the 1 in 1 year, 1 in 2 year, 1 in 30 year, 1 in 100 year and 1 in 100 year plus climate change return periods.
d. Include evidence from Seven Trent Water (STW) of the grant of approval of discharge of sewerage to their assets including discharge rate and connection points.
e. Demonstrate the proposed allowance for exceedance flow and associated overland flow routing
f. Include a foul water drainage scheme including evidence from Severn Trent Water (STW) that there is adequate capacity within their sewerage assets for this development
g. Provide a Maintenance Plan giving details on how the entire surface water and foul water systems shall be maintained and managed after completion for the life time of the development.
Reason: In order to ensure the provision of sustainable drainage on site in order to limit potential flood risk.
15. The development hereby permitted shall not be commenced until samples of the materials to be used in the construction of external walls and roofs of the buildings and structures hereby permitted have been submitted to and approved in writing by the County Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In order to ensure the satisfactory appearance of the completed development.
16. The development hereby permitted shall not be commenced until full details of boundary treatments of the site have been submitted to and approved in writing by the County Planning Authority. The development shall be carried out in accordance with the approved details.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Reason: In order to ensure the satisfactory appearance of the completed development.
17. No part of the flue stack shall be constructed until full details of the stack, including design, materials and colour have been submitted to and approved in writing by the County Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In order to ensure the satisfactory appearance of the completed development.
18. The development hereby permitted shall not be commenced until a detailed landscaping scheme has been submitted to and approved in writing by the County Planning Authority. The submitted scheme shall include plant species, sizes and densities.
Reason: In order to ensure the satisfactory appearance of the completed development.
19. Prior to the commissioning of the development, an updated CHP Feasibilty Review assessing potential commercial opportunities for the use of heat from the development shall be submitted to and approved in writing by the County Planning Authority. This shall provide for the ongoing monitoring and full exploration of potential commercial opportunities to use heat from the development as part of a Good Quality CHP scheme (as defined in the CHPQA Standard issue 3), and the provision of subsequent reviews of such commercial opportunities as necessary. Where viable opportunities for the use of heat in such a scheme are identified, a scheme for the provision of necessary plant and pipework to the boundary of the site shall be submitted to and approved in writing by the County Planning Authority. Any plant and pipework installed to the boundary of the site to enable the use of heat shall be installed in accordance with the agreed details.
Reason: In order to secure satisfactory development of the site.
20. Prior to the Renewable Energy Centre hereby permitted being brought into use, the operator shall submit to the County Planning Authority for approval in writing, verification that the facility has achieved Stage R1 Status through Design Stage Certification from the Environment Agency. The facility shall thereafter be configured in accordance with these approved details. Once operational, alterations to the processing plant may be undertaken to satisfy Best Available Technique or continued compliance with R1.
Reason: In order to secure satisfactory development of the application site and to ensure that the development would move waste up the waste hierarchy.
21. The development hereby permitted shall be carried out in accordance with plans ref: K.0173_03 B, K.0173_01 B, K.0173_05 H, K.0173_11 A, K.0173_13 (1), K.0173_13 (2), K.0173_13 (3), K.0173_13 (4), K.0173_12, K.0173_26, K.0173_27 A, GCS0019-2 2 and any samples or details approved in accordance with the conditions attached to this permission, except to the extent that any modification is required or allowed by or pursuant to these conditions.
Reason: In order to define the exact details of the planning permission granted and to secure a satisfactory standard of development in the locality. 47 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017
22. No waste materials or Refuse Derived Fuel shall be deposited on site until the REC Facility has been completed in accordance with the approved plans.
Reason: In order to ensure a satisfactory standard of development in the interests of protecting the amenity of local residents.
23. Unless otherwise agreed in writing by the County Planning Authority, no waste shall be delivered to the site except between the following times:
07:00 – 19:00 Monday to Friday 07:00 – 14:00 Saturdays
No waste shall be imported to the site on Sundays.
Reason: In the interest of the amenity of the area and local residents.
24. The landscaping scheme mentioned in Condition 18 of this permission, shall be implemented in the first planting season following completion of the development hereby approved and (unless otherwise agreed in writing by the County Planning Authority) should any trees or shrubs planted as part of the landscaping scheme die, be removed or become damaged or seriously diseased within five years of the initial planting they shall be replaced in the next planting season with others of a similar size and species.
Reason; In order to ensure the satisfactory appearance of the completed development.
25. No loaded lorries shall enter or leave the site unless they are sheeted or the load is otherwise adequately secured.
Reason: In the interests of highway safety.
26. All vehicles, plant and machinery located permanently on the site shall be fitted with effective silencers, engine baffles and broadband reversing alarms and shall be properly maintained.
Reason: To avoid undue disturbance to nearby properties.
27. All doors to the Main Building shall remain closed at all times except when in use for access or egress.
Reason: In the interest of the amenity of the area.
28. No tipping, processing and storage of waste, Refuse Derived Fuel and products/recyclets derived from waste shall be undertaken except within the Main Building.
Reason: In the interest of the amenity of the area.
Notes
• Condition numbers 1, 2, 3 and 4 require works to be carried out within the limits of the public highway. Before commencing such works the applicant / developer must enter into a Highway Works Agreement with the Highway Authority under the provisions of Section 184 of the Highways Act 1980. Application to enter into such an agreement should be made to the Planning 48 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 & Development Group, Communities Group, Warwickshire County Council, Shire Hall, Warwick, CV34 4SX.
In accordance with Traffic Management Act 2004 it is necessary for all works in the Highway to be noticed and carried out in accordance with the requirements of the New Roads and Streetworks Act 1991 and all relevant Codes of Practice. Before commencing any Highway works the applicant / developer must familiarise themselves with the notice requirements, failure to do so could lead to prosecution.
Applications should be made to the Street Works Manager, Budbrooke Depot, Old Budbrooke Road, Warwick, CV35 7DP. For works lasting ten days or less ten days, notice will be required. For works lasting longer than 10 days, three months notice will be required.
• Section 163 of the Highways Act 1980 requires that water will not be permitted to fall from the roof or any other part of premises adjoining the public highway upon persons using the highway, or surface water to flow – so far as is reasonably practicable – from premises onto or over the highway footway. The developer should, therefore, take all steps as may be reasonable to prevent water so falling or flowing.
• Pursuant to Section 149 and 151 of the Highways Act 1980, the applicant/developer must take all necessary action to ensure that mud or other extraneous material is not carried out of the site and deposited on the public highway. Should such deposits occur, it is the applicant's/developer's responsibility to ensure that all reasonable steps (e.g. street sweeping) are taken to maintain the roads in the vicinity of the site to a satisfactory level of cleanliness.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Construction and Operation of a Renewable Energy Centre (Gasification Plant) for the Recovery of Energy from Non- Hazardous Residual Waste. Land at hams Hall National Distribution Centre, Faraday Avenue, Coleshill
NWB/16CM011
Warwickshire County Council
Decision
The decision of the Regulatory Committee on 7th February 2017 to grant planning permission allow the construction and operation of a Renewable Energy Centre for the recovery of energy (heat and electricity) from non- hazardous residual waste using an Advanced Conversion Technology (gasification), with associated plant and infrastructure, vehicular access and landscaping on land at Hams Hall National Distribution Park, Faraday Avenue, Coleshill.
Notice of Environmental Information
In accordance with Article 31(2) of the Town and Country Planning (Development Management Procedure)(England) Order 2015 (“the DMPO”) and Regulation 3(4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 ("the EIA Regulations") notice is hereby given that the County Council in deciding the Application has taken into consideration an environmental statement and other environmental information ("the Environmental Information").
Statement under Regulation 24(1) of the EIA Regulations
Description of the Main Measure to Avoid, Reduce and Offset Major Adverse Effects
The following measures will be secured through planning conditions and legal agreement:-
(1) The finish materials of the buildings, structures, flue and boundary treatments would be agreed to ensure a satisfactory standard of development.
(2) The visual impact of the development would be mitigated by the introduction of landscape planting to the frontage of the site.
(3) Control of external lighting on site to reduce the potential of light pollution.
(4) Reconstruction of the site access in order to enable the safe and free flow of traffic accessing the facility.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 (5) Construction and environmental management plan in order to protect features of recognised conservation importance.
(6) Drainage details to ensure that the new development would not increase risk of flooding to the site itself and adjacent development.
(7) Appropriate techniques are used to prevent pollution of controlled waters.
Further details of these measures are given in the written report submitted to the Regulatory Committee at their meeting on 19 November 2013 (“the Report”) and in the Environmental Information.
Statement Under Regulation 24(1) of the EIA Regulations
Summary Under Article 31(1)(a) of the DMPO
Statement of the Main Reasons and Considerations on Which the Decision is Based and Summary of Reasons for the Grant of Planning Permission
The main considerations on which the decision was based were:-
• The Policies of the development plan summarised below.
• The other material considerations identified in the following reasons and detailed in the Report.
The application seeks permission to allow the development of a Renewable Energy Centre on land within Hams Hall Distribution Park. The facility would utilise non-hazardous residual waste as a fuel to generate energy for use as both heat and power.
The development gains considerable policy support in respect of its contribution towards diverting waste away from landfill and utilising it as a resource. The location of the application site on an industrial estate with good highway links, which is situated within one of the broad locations the Waste Core Strategy directs such facilities towards, also highlights the policy backing.
An Environmental Impact Assessment of the proposed development included various technical assessments which conclude that the REC facility would not result in any significant adverse environmental effects arising. Furthermore, the REC facility would be operated under conditions set out within an Environmental Permit, issued, monitored and enforced by the Environment Agency and operated in compliance with the European Industrial Emissions Directive to ensure there would be no adverse effect on human health or the environment. Subject to the imposition of conditions neither the Environment Agency, Public Health Warwickshire or Environmental Health Officer at Rugby Borough Council disagree with these conclusions. The proposed revised scheme would not conflict with the aims of the relevant development plan policies which seek to ensure the sustainable management 51 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 of waste, including appropriate protection of the environment and amenity of the area and there are no contrary material considerations sufficient to require refusal.
DEVELOPMENT PLAN POLICIES RELEVANT TO THIS DECISION
Warwickshire County Council Waste Core Strategy – July 2013
Policy CS1 – Waste Management Capacity, relates to waste capacity requirements within the County.
Policy CS2 – The Spatial Waste Planning Strategy for Warwickshire seeks waste management facilities to be well located in accordance with identified broad locations.
Policy CS3 – Strategy for locating large scale waste sites directs new facilities to within or close proximity to primary or secondary settlements.
Policy CS6 – Proposals for other types of recovery encourages proposals for anaerobic digestion, mechanical-biological treatment and other energy or value recovery technologies provided that the development accords with all other policies.
Policy DM1 – Protection of the Natural and Built Environment, requires new development to conserve and where possible enhance the natural and built.
Policy DM2 - Managing Health and Amenity Impacts of Waste Development, relates to environmental controls and requires that waste management proposals will have no significant adverse impacts on the local environment or communities.
Policy DM3 – Sustainable Transportation, seeks waste management facilities to use alternatives to road transport where feasible.
Policy DM4 – Design of New Waste Management Facilities requires the design of waste management facilities to, amongst other things: demonstrate appropriate scale, density, massing, height, landform and materials; retain and enhance existing landscape features where possible; and, ensure safe vehicle movements.
Policy DM6 – Flood Risk and Water Quality seeks to prevent flooding and protect water quality. Policy DM7 – Aviation Safeguarding seeks to prevent unacceptable hazard to aviation.
North Warwickshire Borough Local Development Framework Core Strategy adopted June 2011
Policy NW1 – Sustainable Development states that planning applications that accord with the policies in the Core Strategy will be 52 of 54
03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 approved without delay, unless materials considerations indicate otherwise.
Policy NW2 Settlement Hierarchy directs the location of development in accordance with a settlement hierarchy.
Policy NW3 Green Belt sets out policy relating to development within the Green Belt. The policy states that areas within development boundaries are excluded from the Green Belt.
Policy NW10 Development Considerations states that, development should meet the needs of residents and businesses without compromising the ability of future generations to enjoy the same quality of life that the present generation aspires to.
Policy NW11 Renewable Energy and Energy Efficiency states that renewable energy projects will be supported where, amongst other things, they respect the capacity and sensitivity of the landscape and communities to accommodate them.
Policy NW12 – Quality of Development states that all development proposals must, amongst other things, demonstrate a high quality of sustainable design that positively improve the individual settlements character; appearance and environmental.
Policy NW13 – Natural Environment requires that the quality, character, diversity and local distinctiveness of the natural environment be protected and enhanced.
Policy NW14 Historic Environment – seeks to conserve and enhance the quality, character, diversity and local distinctiveness of the historic environment.
Policy NW15 Nature Conservation seeks to protect sites and species of nature conservation value.
Saved policies (Post Core Strategy adoption) of the North Warwickshire Borough Local Plan 2006
Policy ENV9 – Air Quality of the Local Plan seeks to safeguard and enhance air quality in the Borough. Policy ENV12 – Urban Design seeks all elements of development to be well related to each other and harmonise with both the immediate setting and wider surroundings to present a visually attractive environment.
Policy ENV13 – Building Design states that new buildings will only be permitted where the scale, massing, height and appearance of the proposal positively integrates into its surroundings and the materials and detailing used respect and enhance local distinctiveness.
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03 Hams Hall National Distribution Centre – Regulatory Committee 07.02.2017 Policy ECON1 – Industrial Estates identifies Hams Hall as an employment site of regional significance.
Compliance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012.
In considering this application the County Council has complied with paragraphs 186 and 187 contained in the National Planning Policy Framework.
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