Planning Statement Sinter Plant De-Dust 2020 Project Port Talbot Steelworks, Port Talbot

December 2018

Contents

Executive Summary 1

1. Introduction 2

2. Site Context 5

3. The Proposal 9

4. Planning Policy Context 13

5. Planning Assessment 22

6. Summary and Conclusions 31

Appendix 1: NPTCBC EIA Screening Assessment 33

Owen Francis [email protected]

Jadine Havill [email protected] Client Tata Steel Ltd Our reference TATT3011

Dec 2018

Executive Summary

1. This Planning Statement has been prepared by Turley on behalf of Tata Steel Ltd (“Tata”) in support of a full planning application on land adjacent to the Sinter Plant at the Port Talbot Steelworks, Harbour Way, Port Talbot, SA13 2NG for:

“Demolition of existing structures accommodating the secondary dust extraction system for the sinter plant and installation of a replacement secondary dust extraction system, including a bag filter system comprising a 6 storey structure, pipework and ducting, chimney stack (55m tall), electrical equipment, hard and soft landscaping and associated development”

2. The existing secondary dust extraction system comprises an electrostatic precipitator, which dates back to the 1970’s. It is at end of life and is in need of an upgrade to comply with current environmental regulations.

3. The proposal includes the installation of a replacement secondary dust extraction system. The proposed replacement system uses a bag filter system, which constitutes the best available technology. The technology is agreed between Tata and Natural Resources Wales as the preferred long-term solution. This positive investment will:

• Support the operation of the existing Sinter Plant.

• Comply with environmental legislation.

• Use the best available technology in the dust extraction process.

• Enhance working conditions for personnel employed at the Sinter Plant.

• Significantly improve the dust emission performance of the secondary de-dust extraction system at the Sinter Plant, as follows:

 Reduce secondary de-dust emissions from 40 mg of dust per cubic metre of emission to less than 10 mg of dust per cubic metre of emission.

 Overall, the proposed development will result in a 75% improvement to dust emissions from the secondary de-dust extraction system.

4. When assessed against the Development Plan for Neath Port Talbot and relevant material considerations including national planning policy, it is demonstrated that the proposal constitutes sustainable economic development. The positive benefits of the scheme are significant and material considerations that weigh in favour of the development. Planning permission should be granted on this basis.

1. Introduction

1.1 This Planning Statement has been prepared by Turley on behalf of Tata Steel Ltd (“Tata”) in support of a full planning application for the installation of a replacement secondary dust extraction system and subsequent demolition of the adjacent existing electrostatic precipitator (ESP) system and 55m chimney stack on land at Port Talbot Steelworks, Harbour Way, Port Talbot, SA13 2NG (“The Site”).

1.2 The formal description of the development (“Proposed Development”) is as follows:

Structure of Statement

1.3 This Statement describes the Proposed Development for which planning permission is sought and demonstrates the scheme’s compliance with national and local planning and environmental policies.

1.4 This Planning Statement is to be read in combination with the other submitted planning application documents (detailed in the subsequent section) and is structured as follows:

• Section 2 – Site Context

• Section 3 – The Proposal

• Section 4 – Planning Policy Context

• Section 5 – Planning Assessment

• Section 6 – Summary and Conclusions

Accompanying Documents

1.5 The application is accompanied by detailed plan drawings together with a range of technical supporting documents as discussed with Neath Port Talbot County Borough Council (NPTCBC), Natural Resource Wales (NRW) and the project team, to enable the effects of the development to be fully considered.

1.6 This statement draws conclusions from each of the supporting documents. Whilst the supporting documents inform this statement as necessary, it is not the intention to reference each and every conclusion back to the originating document. This approach is taken to allow a clearer assessment of the proposal against relevant planning policy.

1.7 The application package is summarised in Table 1.1 overleaf.

Table 1.1 – Suite of Application Documents Document Prepared by Application Form and Certificates Turley Planning Application Fee Tata Steel Site Location Plan Sheet 1 Tata Steel Site Location Plan Sheet 2 Tata Steel Existing Site Layout Plan Tata Steel Proposed Site Layout Plan Sheet 1 Tata Steel Proposed Site Layout Plan Sheet 2 Tata Steel Proposed Transformer Pen General Arrangement Plan Tata Steel Proposed HV Switch Room ABB / Tata Steel Proposed LV Switch Room ABB / Tata Steel Proposed Ductwork Elevation Sheet 1 Tata Steel Proposed Ductwork Elevation Sheet 2 Tata Steel Air Compressor House General Arrangement Sheet 1 Tata Steel (Elevations) Air Compressor House General Arrangement Sheet 2 Tata Steel (Elevations) Air Compressor House General Arrangement Sheet 3 Tata Steel (Cross Section) Air Compressor House General Arrangement Sheet 4 (Floor Tata Steel Plan) Air Compressor House General Arrangement Sheet 5 (Roof Tata Steel Plan) Proposed Bag Filter System Assy (Elevations and Floor Lodge Cottrell Limited Plan) Proposed Bag Filter System Assy (3D) Lodge Cottrell Limited Proposed Bag Filter Layout Lodge Cottrell Limited Proposed Bag Filter Layout Sectional Views Lodge Cottrell Limited Proposed Demolition Plan Tata Steel Proposed Site Access Plan Tata Steel Pre-application Consultation Report Turley Strategic Communications Design and Access Statement Turley Design Existing Landscape and Landscape Removal EDP

Proposed Soft Landscape Plan EDP Landscape and Visual Appraisal Turley LVIA Planning Statement Turley Planning Phase II Site Investigation Report Geotechnology Noise Assessment RSK Preliminary Ecological Appraisal Report ADAS Drainage Strategy Jubb Air Quality Assessment RSK Dispersion Modelling Tata Steel Archaeology Desk-based Assessment Cotswold Archaeology Construction and Demolition Method Statement (including Tata Steel Waste Management)

2. Site Context

2.1 This section of the Planning Statement provides a brief description of the application site and the existing Port Talbot Steelworks.

Site Location and Surroundings

2.2 The Site is located within the administrative boundary of NPTCBC. Port Talbot Steelworks occupies an area south of Port Talbot and the Port of Port Talbot. The overall location of the site within the wider Steelworks is indicated on Figure 2.1 below.

Figure 2.1: Application Site

2.3 The Site sits towards the centre of the Port Talbot Steelworks and is located immediately north of the existing Sinter Plant structures. The site is currently used by the Sinter Plant as a bulky spare parts storage area.

2.4 The wider Steelworks site is encircled, generally, by Harbour Way (A4241) (approximately 831 metres east of the site)1 and Port Talbot Docks and Tidal Harbour to the north and west of the site.

2.5 The Site is not located within a national landscape designation. There are no internationally or nationally designated sites for nature conservation within the Site. The closest designated site is Margam Moors Site of Special Scientific Interest [SSSI] located approximately 3.26 km to the south and Kenfig/Cynffig Special Area of Conservation [SAC] and Kenfig Pool and Dunes National Nature Reserve located approximately 5.06km to the south of the Site.

1 Distance in a straight line

2.6 The Site does not contain any listed buildings or scheduled ancient monuments, and does not lie within a conservation area. The closest heritage assets to the Site are Grade II listed Milepost (1km to the east), Grade II listed Dyffryn Chapel (1km to the north east) and Chain Home Low Radar Station Scheduled Ancient Monument (2.7km to the east).

2.7 Access to the Site is provided from Harbour Way onto a number of private roads on the east, where the access gates and barriers are located. The access is used for vehicles associated with the Steelworks operation and employees, and visitors to the Steelworks.

Site Description

2.8 The wider Port Talbot Steelworks site area is approximately 1,133 hectares. The Site is located centrally within the Steelworks site and the site area is approximately 0.8324 hectares.

Figure 2.2: Red Line Boundary Plan of the Site

Existing Sinter Plant Operation 2.9 Tata Steel in Port Talbot operates a fully integrated steel facility. Raw materials including iron ore, coal and lime are processed in the Sinter Plant to produce a coarse grained iron ore sinter. This is then charged into the blast furnaces, which produce molten iron. That iron is further pressed into steel and then rolled (hot and cold rolling) to produce steel coils for end use.

2.10 The secondary dust extraction system is a network of ductwork within the Sinter Plant that contains suction points at locations where dust is generated and collects the fugitive dust at a central point. The collected dust is then routed through the electrostatic precipitator (ESP), which captures/removes the dust. The clean air is vented to the atmosphere via a chimney stack (55m high). The reclaimed dust in the ESP is then re-used in the sinter making process.

2.11 The existing Sinter Plant, immediately adjacent to the Site comprises the following components (shown on Figure 2.3 below):

o Bulky storage parts area – to house the replacement dust extraction system

o 55m de-dust stack – to be demolished

o Electrostatic Precipitator – to be demolished

o De-dust ID fan – to be demolished

o A range of conveyor belts

o Sinter cooler

o Mixing drum

o Silos building

o Sinter Plant building

o Screens house

o Waste Gas Electrostatic Precipitators

o Waste Gas Fans House

o Waste Gas 150m Stack

Figure 2.3: Photograph of the site showing existing 55m Stack and Electrostatic Precipitator

2.12 The following section of the Statement identifies how the proposals will fit within the wider Sinter Plant context noted above.

3. The Proposal

3.1 This section begins by providing a brief overview of the key elements of the Proposed Development. It then goes on to provide details of the need for development, pre- application engagement and Environmental Impact Assessment.

Overview

3.2 The proposal seeks full planning permission for a replacement secondary dust extraction system and associated development at Port Talbot Steelworks. The full description of development is set out below:

3.3 The proposal includes the installation of a replacement secondary dust extraction system, comprising the best available technology in the form of a bag filter, to:

• Support the operation of the existing Sinter Plant

• Significantly improve the dust emission performance of the secondary de-dust extraction system

• Enhance working conditions for personnel employed at the Sinter Plant

Phasing of Development and Demolition 3.4 The installation of the proposed development will replace the structures to be demolished (including the ESP, fan and 55m stack as shown on Figure 3) and will form part of the Sinter Plant. The proposed stack and bag filter system will be located to the north west of the existing Sinter Plant and will be connected to it by a run of ductwork (demonstrated in Figure 3.1 overleaf). Once the proposed development is operational, the existing ESP and stack (shown in green overleaf) will be demolished.

3.5 It has been agreed with NPTCBC that an appropriately worded planning condition can be applied to allow a period of time for demolition following first commissioning of the replacement system.

Figure 3.1: Proposed Site Layout Plan, demonstrating structures to be demolished in green

Additional red line area is for a potential cable route only and involves no intrusive ground work.

3.6 Overall, the development comprises 850.93 sqm of floorspace. The following structures make up the proposed development:

Table 3.1 – Proposed Floorspace Structures Area (m²) 55m Stack 13.20 ID fan 86.49 Bag Filter 457.30 Compressor House 104.00 LV Switchroom 44.80 HV Switchroom 49.14 Transformer Pen 96.00 Total 850.93

The Need for the Development

3.7 The existing ESP dates back to the 1970’s and is in need of an upgrade to comply with current environmental regulations. During the current operation of the secondary de- dust system, dust emissions are approximately 40mg/m3.

3.8 The proposed upgrade to a bag filter system, which will replace the existing ESP connected to the Sinter Plant, has been agreed between Tata Steel and NRW as the best available technology and long term solution. This technology is proposed to reduce secondary de-dust emissions from 40 mg of dust per cubic metre of emission to less than 10 mg of dust per cubic metre of emission.

3.9 Overall, the proposed development will result in a 75% improvement to dust emissions from the secondary de-dust extraction system.

3.10 In line with the agreement between Tata Steel and NRW, the proposed development is required to be fully operational by 30 October 2020. To ensure compliance, Tata intend for the proposed development to be operational ahead of this date and by June 2020.

Pre-application Engagement

3.11 Tata Steel has undertaken extensive engagement with NPTCBC and NRW on the proposed development. This has included weekly meetings with the Council throughout September, October and November to discuss the project.

3.12 A formal pre-application advice request was submitted to NRW on 26 September 2018 and a meeting held to discuss the scheme on 2 October 2018. A formal written response was received from NRW on 15 October 2018.

3.13 A Planning Performance Agreement is in place between the parties and documents the approach to the pre-application advice, weekly meetings and approach throughout the determination period.

3.14 The comments received from NRW and NPTCBC throughout the discussions in respect of the scheme’s design, layout, air quality, noise, ecology, ground investigation, and flooding and drainage matters have been taken into account in the submitted application proposals.

3.15 The key points agreed in these weekly discussions include:

 The principle of the development.

 The location and scale of the development.

 The suite of documents to be submitted as part of the planning application.

 The structure and content of the technical documents and drawings.

 The results of relevant technical surveys and data.

 The approach to EIA and screening of the development.

 No requirement for a Flood Consequence Assessment.

 The approach to PAC and public consultation.

Pre-application Consultation 3.16 As noted above, the site size is 0.83ha and the overall proposed development creates 850.93 sq m of floorspace, with existing floorspace associated with the ESP and 55m stack to be demolished. On this basis, the site does not constitute ‘major development’ as defined in Article 2 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012. Therefore, this proposal is not required to undertake statutory pre-application consultation as required under the Planning (Wales) Act 2015.

3.17 Notwithstanding this, and owing to the importance of these proposals to the future operation of Tata’s Port Talbot Steelworks in delivering improved environmental performance, Tata has undertaken extensive pre-application consultation with stakeholders and the public. In line with best practice, the equivalent requirements for statutory pre-application consultation and wider non-statutory community engagement has been carried out throughout November 2018.

3.18 A Pre-application Consultation Report is submitted as part of this planning application. This report sets out the statutory and non-statutory consultation activities that have taken place, any responses received to the consultation and how they have been taken into account.

Environmental Impact Assessment

3.19 Extensive discussions have taken place with NPTCBC on the Environmental Impact Assessment for the proposed development. As a result of these discussions, EIA has been formally screened out by NPTCBC in October 2018.

3.20 Following extensive review of the Town and County Planning (Environmental Impact Assessment) (Wales) Regulations 2017; NPTCBC provided written confirmation of their EIA Screening Assessment. A copy of the assessment is enclosed at Appendix 1. This concludes that a Detailed Screening Opinion is not required on the basis that the proposal does not constitute EIA development.

4. Planning Policy Context

Introduction

4.1 Legislation requires that planning applications are determined in accordance with the Development Plan, unless material considerations indicate otherwise. This section summarises the relevant planning policy context for the proposed development and relevant material considerations.

4.2 The current ‘Development Plan’ for the site consists of the Neath Port Talbot County Borough Council Local Development Plan 2011 - 2026 (NPTLDP), which was adopted in January 2016. This is the primary consideration in the determination of planning applications.

4.3 Other material considerations include:

• Planning Policy Wales (Edition 9, November 2016)

• Technical Advice Notes, including:

‒ TAN 11: Noise (1997)

‒ TAN 12: Design (2016)

‒ TAN 21: Waste (2014)

‒ TAN 23: Economic Development (2014)

• Supplementary Planning Guidance, including:

‒ Pollution (October 2016)

‒ Design (July 2017)

Neath Port Talbot County Borough Council Local Development Plan

4.4 The NPTLDP was adopted in January 2016 and covers the plan period to 2026. The following policies and supporting text are considered to be of relevance to this planning application.

Environmental Health 4.5 Paragraph 2.2.1 states that one of the objective themes for NPTCBC is to value the environment. Objective 16 aims to address air quality issues and minimise noise generating and polluting activities.

4.6 Strategic Policy 2 (Health) is to reduce people’s exposure to the determinants of poor health and provide an environment that encourages healthy, active and safer lifestyles.

4.7 Strategic Policy 16 (Environmental Protection) states that air, water and ground quality and the environment generally will be protected and where feasible improved through the following measures:

• Ensuring that proposals have no significant adverse effects on water, ground or air quality and do not significantly increase pollution levels;

• Giving preference to the development of brownfield sites over greenfield sites where appropriate and deliverable;

• Ensuring that developments do not increase the number of people exposed to significant levels of pollution.

4.8 Policy EN 8 (Pollution and Land Stability) states that proposals which would be likely to have an unacceptable adverse effect on health, biodiversity and/or local amenity or would expose people to unacceptable risk such as air, noise and light pollution, contamination, land instability and water pollution will not be permitted.

4.9 Policy EN 9 (Developments in Central Port Talbot Area) requires developments which could breach air quality objectives during their construction phase in this area to comply with a Construction Management Plan, submitted to the Council as part of the planning process.

Employment 4.10 Paragraph 2.2.1 states that one of NPTCBC’s overall objective themes is to promote a sustainable economy.

4.11 Paragraph 1.1.7 highlights that the employment base in Neath Port Talbot is focused along the coastal corridor, where Tata Steel and the Council are the largest employers.

4.12 Strategic Policy 11 (Employment Growth) states that existing employment uses will be supported and safeguarded and new and expanding employment development will be encouraged.

4.13 Policy EC 2 (Existing Employment Areas) states that in order to protect the employment function of the County Borough’s employment areas, uses on particular sites will be restricted in accordance with Policy EC 3. This includes EC2/11 Tata Steelworks, Margam.

4.14 Policy EC 3 (Employment Area Uses) states that within existing employment areas, unless otherwise specified and where appropriate, uses will be restricted as follows:

• “Uses within classes B1, B2 and B8;

• Ancillary facilities or services which support and complement the wider role and function of the primary employment use;

• Commercial services unrelated to class B.

Developments will be required to demonstrate that proposals do not cause any adverse impacts on the overall function of the employment area and neighbouring commercial

and residential properties, the proposal can be sustainably justified in this location and is appropriate in scale and form to the role and function of the employment area.”

4.15 Paragraph 5.2.22 specifically references Tata Steel and states that within such heavy industrial sites, the types of ancillary facilities/services that would be appropriate would be different to that of general employment estates or parks. Ancillary services that may be appropriate here could include:

 Energy and power generation

 Waste recovery and transfer proposals not contained within the traditional B use classes.

Such uses will be favourably considered where the proposals would support the overall function of the employment area and not cause any adverse impact on the area for employment purposes or unacceptable harm to the amenity of neighbours.

Design 4.16 Policy TR2 (Design and Access of New Development) confirms that proposals will only be permitted where they can meet all of the relevant criteria. This includes not compromising safe and efficient use of the highway network, and providing safe access arrangements to allow safe manoeuvring of service vehicles.

4.17 Policy BE 1 (Design) states that all proposals will be expected to demonstrate high quality design and take account of the natural, historic and build environmental context. The policy sets a range of criteria to be satisfied (where relevant) for development to be permitted. This includes:

 Complementing and enhancing the appearance of the site and area in relation to the proposal’s scale, height and massing, elevational treatment.

 Respect the site’s context within the local landscape.

 Utilise appropriate materials and landscaping/screening, where appropriate.

 Resources are used as efficiently as possible.

4.18 In relation to respecting the heritage of the area, paragraph 5.5.3 states that the key character of most of the area derives from its industrial heritage, including the large scale steel industries since the 20th century.

Other Material Considerations

Planning Policy Wales

4.19 Planning Policy Wales (PPW) (Edition 9) was adopted in November 2016 and sets out the land use planning policies of the Welsh Government against which development proposals should be assessed. It is supplemented by a series of Technical Advice Notes.

Sustainable Development 4.20 Paragraph 4.2.1 states that the planning system is necessary and central to achieving the sustainable development of Wales. The planning system therefore provides for “a presumption in favour of sustainable development to ensure that social, economic and environmental issues are balanced and integrated, at the same time, by the decision- taker…in taking decisions on individual planning applications”.

4.21 Paragraph 4.9.1 notes that previously developed (or brownfield) land should, wherever possible, be used in preference to greenfield sites.

4.22 Section 4.11 seeks to ensure sustainable development through good design.

Environmental Health 4.23 Chapter 13 discusses Minimising and Managing Environmental Risks and Pollution.

4.24 Section 13.5 deals with unstable and contaminated land. Where this is a consideration, the potential hazard the contamination presents to the development, occupants and local environment should be considered, as well as the results of specialist investigation and remedial measures for dealing with any contamination.

4.25 Section 13.10 – 13.12 focuses on improving the quality of water and air. Paragraph 13.12.1 states that the potential for pollution affecting the use of land will be a material consideration in deciding whether to grant planning permission. Material considerations in determining applications for potentially polluting development are likely to include:

• Location, taking into account such considerations as the reasons for selecting the chosen site itself.

• Impact on health and amenity.

• The risk and impact of potential pollution from the development, insofar as this might have an effect on the use of other land and the surrounding environment.

• Prevention of nuisance.

• Impact on the road and other transport networks, and in particular on traffic generation.

• The need, where relevant, and feasibility of restoring the land (and water resources) to standards sufficient for an appropriate after use.

4.26 Section 13.13 – 13.15 discusses the approach to noise and light pollution. Noise can be a material planning consideration. Where the proposed development is likely to generate noise, a technical noise assessment will be necessary as part of the planning application for the local planning authority to assess the likely noise levels.

4.27 Paragraph 5.5.1 notes that in achieving sustainable development, balancing conservation objectives with wider economic needs is important. All reasonable steps should be taken to safeguard or enhance the environmental quality of the land and

pre-application discussions between developers and Natural Resources Wales are recommended.

Employment and Infrastructure 4.28 Paragraph 7.1.3 states that the planning system should support economic and employment growth alongside social and environmental considerations within the context of sustainable development.

4.29 Paragraph 7.2.2 highlights that the economic benefits should be understood by local planning authorities and should be given equal consideration alongside social and environmental issues. Notwithstanding this, there will be occasions where the economic benefits outweigh the social and environmental considerations.

4.30 Chapter 12 focuses on Infrastructure and Services. This states that adequate infrastructure is inherently linked to the economic, social and environmental sustainability of Wales.

Design 4.31 Section 4.11, as noted above, promotes sustainability through good design. This section sets out the objectives for good design and notes that design must consider the social, environmental and economic aspects of the development, including construction, operation, management and the relationship to the surrounding context.

Technical Advice Notes

4.32 The Technical Advice Notes (TANs) are supplementary documents to Planning Policy Wales and each TAN provides detailed planning advice on a different subject. The TANs relevant to the proposed development are listed below.

TAN 11: Noise 4.33 This TAN was adopted in October 1997 and provides guidance on how the planning system can be used to minimise the adverse impact of noise without placing unreasonable restrictions on development. In 2015, TAN 11 was subject to review by Welsh Assembly Government and a letter was sent by the Minister for Natural Resources to Local Authorities in November 2015 outlining the changes since the document’s original publication. This related primarily to up to date reference to the British Standard BS 4142:2014 for assessing industrial and commercial sound.

4.34 Noise generating development should not cause an unacceptable degree of disturbance. In the case of industrial development the character of the noise should be taken into account as well as its level.

4.35 The guidance states that measures to mitigate the impact of noise should be proportionate and reasonable and may include, but are not limited to:

• Engineering: reduction of noise at point of generation, containment of noise generated, protection of surrounding noise-sensitive buildings.

• Layout: adequate distance between noise source and noise-sensitive building or area, screening by natural barriers, other buildings or non-critical rooms in a building.

• Administrative: limiting operating time of noise source, restricting activities allowed on the site, specifying an acceptable noise limit.

TAN12: Design 4.36 TAN12 was adopted in March 2016 and provides advice on promoting good, sustainable design through the planning system.

4.37 The guidance promotes early consultation and consideration of design with the local planning authority and sets out the approach for delivering good design. Guidance is provided on a range of design elements, including, but not limited to access, character, sustainability, movement and context.

TAN 21: Waste 4.38 This TAN was adopted in February 2014 and provides guidance on the role of land use planning in the management and control of waste.

4.39 The scope of the guidance is towards Zero Waste and the suite of existing and emerging waste sector plans will deal with matters beyond the scope of the guidance in providing the framework within which Wales will reduce the amount of waste it produces, and make the transition to a high recycling society.

TAN 23: Economic Development 4.40 This TAN was adopted in February 2014 and provides guidance on the role of land use planning in economic development.

4.41 The guidance states economic land uses include the traditional employment uses as well as retail, tourism and public services. Economic land uses also include agriculture, energy generation and other infrastructure.

Supplementary Planning Guidance

Pollution 4.42 The Pollution Supplementary Planning Guidance was adopted on 27 January 2016 and gives information about pollution issues in Neath Port Talbot. The document sets out the relevant matters that will need to be taken into consideration when developments are being planned. Margam/Taibach Air Quality Management Area is located to the east of the site as shown in the figure below.

Figure 5.1: Margam/Taibach Air Quality Management Area

4.43 The guidance states that fine particulates such as PM 2.5 in the air can potentially affect health and sources of this particulate include combustion and industry. Current standards are met in relation to this pollutant in Neath Port Talbot.

4.44 There remain some concerns regarding PM10 levels in Port Talbot. Sources of PM10 (particulates of less than 10 microns in diameter) include:

 Local industrial and domestic combustion processes

 Fugitive dust from industrial and construction processes

 Traffic and transport including shipping and rail

 Sea salt

 Forest and grass fires

 Dust from outside of the area

4.45 In addition to the above, nuisance dust is a relevant consideration in the area, whereby generally higher levels of dust are found in areas closer to industrial processes.

4.46 Overall, the guidance builds upon Policy EN8 and 9 of the NPTLDP and provides the full details in relation to air, noise, light and water pollution which must be complied with, as well as land contamination requirements.

Design 4.47 This guidance was adopted in July 2017 and is a material consideration in the decision making process.

4.48 With regards to the Steelworks, the SPG recognises that the large scale steel industry forms a key characteristic of the area’s heritage and character. The Steelworks forms part of the landscape and views across the area.

4.49 Section 4 of the SPG focuses on the implementation of Policy BE1 of the NPTLDP. This sets out a number of key principles which should be considered by developers in the design of the proposal, including:

 Defining and identifying where and how development proposals have regard to distinctiveness and enhancing the character of the surrounding area.

 Demonstrating how local context and character has been addressed, including the wider landscape, townscape and heritage where appropriate.

 Explaining and justifying the use of materials and landscaping within the development.

 Demonstrating that the proposals do not adversely affect highway safety or residential/community amenity.

 Demonstrating that he planning, layout and orientation makes efficient use of land, taking account of the site’s constraints.

Policy Summary

4.50 To summarise, a number of key policy themes emerge as being relevant to the proposed development, as follows:

 Achieving sustainable developments which ensure efficient re-use of brownfield sites and consider economic, social and environmental issues.

 Safeguarding and supporting existing employment uses in Wales and Neath Port Talbot in particular. The Steelworks is recognised as one of the largest employers in the region.

 Proposed uses which support the overall function of the employment area will be supported.

 Design quality is an internal part of the planning and decision making process. Consideration should be given to the surrounding character and context when developing the design proposals. The area’s industrial heritage and steel industry is recognised as an existing part of the context.

 National and local policy seeks to minimise impacts of pollution, and improve air quality, noise and light pollution. Environmental quality should be safeguarded or enhanced, and relevant stakeholders (such as NRW) engaged in the planning process.

4.51 Overall, and in light of the above, it is considered that the proposal for a replacement secondary de-dust system at the Sinter Plant on the Port Talbot Steelworks is an acceptable and supported use within the context of this industrial use and maintaining and enhancing its operation. The subsequent sections of this Statement assess the proposed development against this policy context.

5. Planning Assessment

5.1 This section provides an assessment of the proposed development with reference to the planning policy context provided in previous sections, and other relevant considerations. This focuses on the principle of development and the suitability of the site to accommodate the proposed development and the specific issues including environmental considerations, suitability and deliverability of the application. This is split into the following sections:

• Principle of Development.

• Sustainable Economic Development.

• Environmental Considerations and Site Suitability including the assessment of specific issues including air quality, noise, design and layout, visual impact, archaeology, ecology, transport and access, landscape and arboriculture, drainage and ground conditions.

5.2 For full details of the application proposals and specific technical matters, reference should be made to the full suite of application submission documents.

Principle of Development

5.3 As noted in Section 3, the proposed development in the form of a bag filter system and 55m stack is required to:

 Replace the existing ESP, which was installed in the 1970s and is now at the end of its life.

 Use the best available technology to minimise atmospheric dust emissions.

 Comply with the environmental regulations and agreements set with NRW on the dust extraction system.

 Enhance working conditions for existing personnel at the Sinter Plant.

5.4 Whilst the Sinter Plant can operate without the proposed development, it would not achieve sufficient dust extraction to meet the environmental regulations relating to dust emissions from the process. The current ESP is beyond its design life, meaning the secondary dust extraction system for the Sinter Plant must be replaced. The agreement with NRW requires Tata Steel Ltd to comply with stricter regulations in relation to dust emissions from the process. Replacing the ESP with the proposed secondary dust extraction system using best available technology is vital in ensuring compliance with these stricter regulations.

5.5 The scheme represents a significant new investment in the replacement of an asset which is reaching the end of its useful life, with new secondary dust extraction equipment with better performance characteristics. The site is a sustainable location for the proposal. The scheme will utilise previously developed land in an area of under-

utilised hardstanding adjacent to the Sinter Plant. It will improve environmental performance at the secondary de-dust extraction system and improve the workplace environment to the benefit of the plant personnel. In turn, the Proposed Development will contribute positively to the operation of the steelworks as a major employment generator in Port Talbot.

5.6 In principle, the proposal is strongly supported strongly by prevailing development plan policy and relevant material considerations.

Sustainable Economic Development

5.7 There is a presumption in favour of sustainable development within local and national planning policy. A key objective within the NPTLDP is promoting a sustainable economy, including stimulating economic growth and strengthening economic activity in the region. This is underpinned by Policy SP11, supporting and safeguarding existing employment uses.

5.8 Sustainable economic development is intrinsically linked to the economic, social and environmental matters of the proposed development. Therefore, the range of economic, social and environmental benefits of the proposals, as set out below, are demonstrative of sustainable economic development and should be afforded due weight in the determination of this application.

Economic 5.9 The Port Talbot Steelworks plays a fundamental role in the economy and employment of Port Talbot and the surrounding areas. The proposed replacement secondary dust extraction system will further support the economic objectives of the Steelworks and the wider economic objectives of Neath Port Talbot. The economic benefits of the proposed development can be summarised as follows:

 Direct creation of jobs involved with the construction of the development.

 Improved operation of the Sinter Plant, supporting the overall production at the Steelworks.

 Continued investment by one of the area’s largest employers, supporting ongoing employment in the region.

5.10 Overall, the proposed development is crucial for Tata to comply with the environmental legislation on the reduction of dust emissions into the environment. Failure to comply (by not implementing this development) may open Tata Steel to sanction by NRW for non-compliance with environmental regulations, potentially causing the Sinter Plant to lose its license to operate, in turn affecting the operation of the blast furnaces and their ability to produce molten iron. This then has potential to cause disruption to the supplier businesses dependent upon the Port Talbot steelworks.

5.11 The proposed development is therefore fundamental to promoting the economic sustainability of the Sinter Plant and the Port Talbot Steelworks as a whole, and

ultimately the Neath Port Talbot region, where the steelworks is one of the largest employers.

Social and Environmental 5.12 The social and environmental benefits of the development are a core part of the proposed development and the nature of the agreement with NRW to implement the best available technology to process dust emissions from the Sinter Plant.

5.13 Overall, the social and environmental benefits of the proposal can be summarised as follows:

 Improved working environment for Sinter Plant employees.

 Enhanced landscaping environment at the site.

 Reductions to dust emissions as a result of the use of the best available bag filter technology.

5.14 Overall, the proposed development comprises a significant investment into a core part of the Steelworks’ operation, a primary employer in the region. This development is linked to the continued and enhanced operation of the site and Tata’s dedication to the associated economic, social and environmental issues and benefits surrounding this.

Air Quality

5.15 The proposed design is informed by a comprehensive air quality assessment and dispersion modelling exercise, taking into account existing air quality in the area.

5.16 The proposal is not located within an Air Quality Management Area (AQMA). Notwithstanding this, Tata, NPTCBC and NRW have a large amount of survey based air quality data in and around the site. This body of evidence provides a robust basis on which to consider the air quality implications of the proposed development.

5.17 Survey evidence and air quality modelling has informed the proposed development. At construction and demolition stage, best practice measures selected in line with the IAQM guidance will ensure no unacceptable adverse impact on air quality. The Council will retain control over the use of best practice at this stage through the imposition of an appropriately worded planning condition. Tata will be pleased to agree such a condition.

5.18 Once operational, the replacement bag filter system constitutes best available technology. It will reduce the dust emissions from the secondary de-dust extraction system at the Sinter Plant as follows:

 Reducing secondary de-dust emissions from approximately 40 mg/m3 to less than 10 mg/m3.

5.19 The proposed development will result in a 75% improvement to the dust emissions from the secondary de-dust extraction system.

5.20 On this basis, the proposal accords directly with local and national policy surrounding air quality, as set out in Section 4.

Noise

5.21 A Noise Impact Assessment has been prepared by RSK and is submitted as part of this application.

5.22 The Assessment had considered noise impacts for the construction, demolition and operational phase of development and concludes the following:

 Construction and demolition – no exceedances above the policy thresholds are predicted and thus adverse noise effects are considered unlikely on the closest noise sensitive receptors as a result of the proposed works.

 Operational phase – measurements were taken at locations representative of the closest noise sensitive receptors to the site during the operation of the existing de-dust facilities. No noise from the Sinter Plant was audible and rated noise levels were below the background noise levels. These are not expected to increase during the operation of the replacement facilities.

 Overall, all of the above phases are unlikely to result in any adverse noise impact on the plant employees2 and the neighbouring residential communities, in accordance with PPW and NPTLDP.

Design and Layout

5.23 Detailed analysis of the proposed development’s layout, scale and design justification is set out within the supporting Design and Access Statement, prepared by Turley. This document outlines how the design of the proposal has been considered from the outset of the development process, how the proposals responds to the surrounding context and can be delivered in accordance with the relevant local and national design policies.

5.24 The site is centrally located within the Steelworks and surrounded on all sides by existing structures relating to the site’s operation and steel production. The existing Sinter Plant buildings and associated structures, including the 150m stack, provide the context and backdrop to the proposed development. Overall, this would be seen within the context of these existing structures.

5.25 The industrial character of Port Talbot is a key part of the area’s context. The steelworks, which has been in operation for over 100 years, plays a core role in the area’s character. The proposed development’s design and layout has been developed to respond to this context, as well as to reflect the materials required for the function of the Sinter Plant.

5.26 The proposed development will make efficient use of brownfield land currently used as part of the Sinter Plant’s bulky storage area. In respect of the layout and access,

2 The assessment has taken into account hearing protection used by employees

existing private roads will be utilised to access the site and development and no new roads or parking is proposed. The proposed development will therefore have no additional impact on the road network.

5.27 Overall, the design of the development has been carefully considered with the context of the site’s constraints and opportunities and is considered to comply with both national (PPW and TAN12) and local (NPTLDP and Design SPG) design policy.

Visual Impact

5.28 A Landscape and Visual Impact Appraisal has been prepared by Turley’s LVIA team as part of this planning application submission. Visualisations to demonstrate any impact of the development on the landscape character have also been prepared and are incorporated at Appendix 3 of the LVIA.

5.29 With regards to the visual impact of the proposed development, it is important to note that the bag filter system and 55m stack will replace the existing ESP and 55m stack at the Sinter Plant. Therefore, this is a like for like replacement in visual terms. The scheme will be visible in the context of the wider steelworks and backdrop of the existing 150m stack at the Sinter Plant.

5.30 Overall, in terms of visual impact:

 The site does not make a positive contribution to the local landscape character, in light of its industrial nature and the scale of the buildings.

 The site is considered to have low landscape value.

 The visual effects prepared identify that changes to the views would be of Very Low magnitude, given the distance of the proposals from surrounding visual receptors and the proposed development’s similarity to the scale and character of the surrounding steelworks.

 Overall, the proposed development is of a comparative scale within the wider industrial setting and steelworks site and would have very little impact on the local views and character of the surrounding area.

5.31 On this basis, the proposals are considered to be in accordance with the relevant design policies as set out in the Policy BE1 of the NPTLDP and Design SPG (2017).

Archaeology

5.32 Cotswold Archaeology has prepared an Archaeological Desk-based Assessment to accompany this planning application submission.

5.33 Overall, the report concludes that the Site has little potential for archaeological remains and that no adverse effects upon archaeological remains would be anticipated from the proposed developments.

5.34 As a result, no further archaeological works are recommended.

Ecology

5.35 The application is accompanied by a Preliminary Ecological Appraisal prepared by ADAS. The report identifies that:

 The site is dominated by habitats of negligible ecological value, with negligible value to protected, rare or notable species.

 There are some small areas of habitats of at best local value. These habitats, broad-leaved woodland and scrub, also provide suitable bird nesting habitat, and it is therefore recommended that vegetation clearance be carried out during the period September – February to avoid nesting bird season, or within the nesting season, clearance should be preceded by a check for bird nests and any active nests safeguarded.

 To compensate for the proposed loss of low-quality woodland, and therefore potential bird nesting sites, it is recommended that new tree and shrub planting be provided.

 Due to the nature of the development and the distance from any designated sites, it is considered highly unlikely that any designated sites will be affected.

Landscape and Arboriculture

5.36 Landscape plans have been prepared by EDP to accompany this planning submission and comprise:

 A plan showing existing landscape and landscape to be removed

 A plan demonstrating proposed soft landscaping

5.37 The site comprises areas of low-quality woodland along the western boundary, which will be removed to allow for the proposed development. Careful consideration has been given to the provision of landscaping on the site, whilst considering the overall function and nature of the site as part of the Steelworks.

5.38 The Proposed Soft Landscape Plan demonstrates that a range of trees will be planted to provide screening, seasonal interest and biodiversity advantages (as required by the ecology recommendations) along the western boundary. Low maintenance grassland and native thicket planting will also be provided at this location to enhance the landscaping scheme.

5.39 Overall, the proposals will improve the quality of landscaping on the site, in line with Policy BE1 of the NPTLDP.

Transport and Access

5.40 A Traffic Management Plan has been prepared by Tata and is included within the submitted Construction and Demolition Method Statement.

Access 5.41 The site is located centrally within the Port Talbot Steelworks site and is therefore accessed by private roads at the site. The site and proposed development will be accessed via the existing road network and entrance into the Sinter Plant site, as indicated on Figure 5.2 below. No additional access or parking is proposed as part of this development.

Figure 5.2: Site Access Plan

Construction 5.42 Traffic associated with the construction of development will be managed effectively within the wider Steelworks processes and arrangements for transport movement. Arrangements are demonstrated in the accompanying Traffic Management Plan.

5.43 Overall, there is considered to be no significant impact on capacity or safety on the highway networks as a result of the construction this development.

Operation 5.44 In terms of the Sinter Plant’s operation and transport movement:

 The Sinter Plant is currently operating at optimum speed and there is no capacity to increase production as part of the proposed development.

 There are no plans in place to improve the capacity of the facility in the near future.

 As a result, there will be no increase in the amount of, or movement of, raw materials, services or deliveries to the Plant in relation to the proposed development.

 Once operational, the dust extraction system comprises an unmanned plant and therefore there will be no additional traffic movement as a result of the proposal’s operation. The proposals will therefore have no impact on the public highway network.

Drainage

5.45 The application is accompanied by a Drainage Strategy prepared by Jubb Consulting Engineers Ltd.

5.46 The Drainage Strategy considers the disposal of wastewater generated by the proposed development. The anticipated impact of the development on the existing infrastructure is considered to identify any necessary works to the existing system which are required to accommodate the proposals.

5.47 The Report identifies that:

 The development is located primarily in Flood Zone A (low risk) as shown in the National Resource Wales (NRW) flood maps for tidal and fluvial flooding, with the eastern part of the site shown as Zone B. Early assessment of the flood risk and liaison with NRW has determined that the risk is low and an FCA is not required.

 The drainage system proposed will be a new surface water network, constructed to serve the roof areas from the proposed structures. This will collect and convey flows to the existing private sewer system.

 The surface water system will connect to the existing drainage currently serving the existing hardstanding. The proposed structures are located on the existing hardstanding and therefore will not alter the existing catchment or impact the operation of the existing sewers. Given the tidal outfall there is no requirement to restrict peak flows.

 The run off from the proposed roof areas requires no pre-treatment and will not affect the water quality off site and therefore the existing discharge licence will be unaffected.

5.48 On the basis of the above, the proposals are acceptable from a flooding and drainage perspective.

Ground Conditions

5.49 Ground conditions investigations have taken place in June and October 2018 to inform the Phase II Site Investigation Report.

5.50 Overall, the soils are within the acceptable criteria for commercial / industrial land use. The risk to human health (construction workers) is considered low and the risk to human health (existing site staff / visitors) and groundwater is considered to be very low.

Summary

5.51 Overall, the above technical documents and assessments demonstrate that the site is suitable for the proposed development, which constitutes positive sustainable development. It will deliver the best available technology for the secondary dust extraction system, supporting the overall operation of the Steelworks and providing a range of economic, social and environmental benefits as a result of its implementation.

5.52 The proposal will contribute to reducing dust emissions from the secondary de-dust extraction system at the Sinter Plant, improve air quality and will not result in any adverse noise impact. The design and impact of the proposals on the surrounding character and landscape has been carefully considered and assessed, and balanced against the overall function and nature of the Steelworks site. In addition, the provision of appropriate landscaping within the site to support biodiversity has been incorporated. The proposed approach to drainage, transport and access and archaeology is acceptable in this location and when considered within the context of the industrial nature of the site and the planning policy context.

5.53 Overall, the proposals accord with local and national policy and the overall benefits of the development weight in favour of granting planning permission for the proposed development.

6. Summary and Conclusions

6.1 As set out in S38 of the Planning and Compulsory Purchase Act (2004), the determination of this application must be made in accordance with the Development Plan, unless material considerations indicate otherwise.

6.2 The proposed development comprises the demolition and installation of a replacement secondary dust extraction system at the existing Sinter Plant on land at Port Talbot Steelworks. The replacement extraction system uses best available technology and is a significant investment to improve the operation of the Sinter Plant, in line with the environmental license agreed between Tata and NRW.

6.3 The scheme is a positive investment in both the Steelworks and the wider area’s economy, which delivers important environmental improvements. It has been demonstrated that the proposed development will deliver the following significant benefits:

 Enhance and support the continued operation of the Sinter Plant and overall Steelworks site.

 Results in a 75% improvement to the dust emission from the secondary de- dust extraction system.

 Provide the best available dust extraction technology.

 Provide new soft landscaping on the site, to support any local biodiversity and provide screening for the development.

 Improve working conditions within the Sinter Plant.

 Create a range of other economic, social and environmental benefits, including the creation of jobs through the construction of the development and contribute to the objectives of Tata’s overall environmental programme in the area.

6.4 The design and layout of the proposals have been carefully considered within the context of the site’s constraints and opportunities, the surrounding local context and character of Port Talbot, and local and national design policy. The proposals will be viewed within the wider Steelworks context and structures and seek to incorporate soft landscaping to screen the development and encourage biodiversity.

6.5 Overall, the technical and environmental assessments outlined in this Planning Statement and submitted in support of this application demonstrate that there are no adverse impacts associated with the replacement secondary dust extraction system and there are significant economic, social and environmental benefits to the proposal. When considered against the Development Plan for Neath Port Talbot and national planning policy, the overall wealth of benefits of the scheme are significant and the proposals clearly constitute positive and sustainable economic development, in line with the area’s objectives.

6.6 In summary, it is considered that the proposed development in this location on the Steelworks, as described in this application, is acceptable and planning permission should be granted accordingly.

Appendix 1: NPTCBC EIA Screening Assessment

Turley Office 18 Windsor Place Cardiff CF10 3BY

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