Report to: Planning Committee Date of Meeting: 29 August 2012 Subject : S/2012/0413 Merlin AFS Shed adjacent to Royal Seaforth Dock, Seaforth Proposal: Erection of an extension to the existing Merlin Animal Feedstuff (AFS) store including the extension of the existing external conveyor system, alterations to the existing vehicular access, alterations to the existing surface water drainage system, relocation of the existing Nature Reserve Offices and relocation of key natural habitat features Applicant: Mersey Docks & Agent: Mersey Docks & Harbour Co Harbour Company Report of: Head of Planning Services Wards Affected: (Church Ward) Is this a Key Decision? No Is it included in the Forward Plan? No Exempt/Confidential No Summary This application is seeking consent for the erection of a 23,234 sq m extension to the existing animal feed store at land adjacent to the Royal Seaforth Dock which is within the operational boundary of the Port of Liverpool. The main issues for consideration are the principle of development, impact on residential amenity and the impact on the nature designations adjacent. Recommendation(s) Approval Reasons for the Recommendation: The proposal is appropriate development within the Port estate and will not have a significant detrimental impact on residential amenity, or on the designated sites adjacent. The proposal therefore complies with Sefton's adopted UDP policies CPZ1, CS3, DQ1, DQ2, EDT1, EDT9, EP2, NC1, NC2 and the provisions of the National Planning Policy Framework. Subject to conditions and the careful implementation of the scheme, and in the absence of all other material planning considerations, the granting of planning permission is justified. Implementation Date for the Decision Immediately following the Committee/Council/Working Group meeting Contact Officer: Mandy Biagetti Telephone 0151 934 4313 Case Officer: Andrea Fortune Telephone 0151 934 2208 (not Wed) Email: [email protected] Background Papers: The following papers are available for inspection by contacting the above officer(s). History and Policy referred to in the report S/2012/0413 The Site The site comprises an area of land adjacent to the existing Merlin Animal Feed Storage (AFS) facility, adjacent to Royal Seaforth Dock. The site is within the operational boundary of the Port of Liverpool. Proposal Erection of an extension to the existing Merlin Animal Feedstuff (AFS) store including the extension of the existing external conveyor system, alterations to the existing vehicular access, alterations to the existing surface water drainage system, relocation of the existing Nature Reserve Offices and relocation of key natural habitat features The proposed extension will double the size of the existing AFS of 23,234 sq m to have a total floorspace of 46,468 sq m. A small part of the development site lies within land designated as part of the Mersey Narrows Site of Special Scientific Interest (SSSI) and areas proposed as Special Protection Area and proposed Ramsar site, though not formally designated as SPA or Ramsar yet. The purpose of the extension is to remove the need for multiple handling and transport of animal feed within the port estate by Heavy Good Vehicles (HGVs). This is currently necessary when a new shipment of fee is due to arrive at the port and the existing AFS is at capacity and unable to store additional feed before being transported elsewhere. This is clearly inefficient and has a knock-on impact on other areas of the port and general vehicle movements within the port estate. This extension will eliminate the need to transfer feed to other areas of the port and will enable all feed to be dealt with and stored in this location. History Lengthy history for port estate. Most relevant is that the existing AFS facility was erected in 2003 as permitted development under Class B, Part 17 of the Town and Country Planning (General Permitted Development) Order 1995. No planning permission was required nor the completion of an Environmental Impact Assessment (EIA). Consultations Merseyside Environmental Advisory Service – We have reviewed the Environmental Statement and its appendices, information provided by Merseyside BioBank, Natural England and Environment Agency to inform our comments. A number of planning conditions are required to avoid, minimise, mitigate and possibly compensate for identified environmental impacts in line with advice in the National Planning Policy Framework (including paragraphs 109 & 118) and current Sefton UDP Policies. Overall, we are supportive of the application to extend the Merlin AFS store provided that a number of matters are subject to planning condition. In our view, the submitted Environmental Statement (ES) forms an acceptable basis to consider the environmental implications of the proposal. A separate Habitats Regulations Assessment (HRA) is required and this is currently in preparation. Natural England’s view on the scope of the HRA will be taken into account during the preparation. The HRA may highlight requirements for additional planning conditions or scheme amendments. The HRA has now been undertaken and has concluded that the planning application a) is not directly connected with or necessary to the management of the sites; b) does not intrude into the Natura 2000 sites listed below; c) is not considered, either along or in combination with any other plans or projects, to have a likely significant effect on each of the following sites: • Mersey Narrows and North Wirral Foreshore potential Special Protection Area (pSPA);and • Mersey Narrows and North Wirral Foreshore proposed Ramsar site (pRamsar). Accordingly no appropriate assessment is require under Regulations 61, 62 and 68 of the Conservation Habitats and Species Regulations 2010. If there are changes to the project i.e type of build, location, timing that may affect the conclusions, then the project will require further assessment. We advise that the following environmental issues raised can be dealt with by a number of planning conditions as set out below: The application proposal will result in: • A loss of a very small area of designated site and is likely to have a significant effect on the interest features for which the Mersey Narrows and North Wirral Foreshore pSPA and pRamsar has been notified. An Appropriate Assessment under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 is in preparation; • A loss of part of the Mersey Narrows SSSI, together with improvements to habitat quality through habitat creation proposals – this also applies to the Local Wildlife Site; • Removal of a number of HGV journeys using public roads, including the A565, to shuttle animal feed around the Port of Liverpool estate resulting in changes in air quality emissions for residential areas; • Changes in the noise regime across the designated sites and the neighbouring residential areas; • Proposals for dealing with increased surface water discharge and storage using a new underground storage tank and the existing wetland. Matters to be dealt with by planning conditions Construction Environmental Management Plan (CEMP) 1. The CEMP must show how the main construction effects of the development are to be minimised, which include detailed mitigation measure such as: • details of construction and demolition waste management; • details of pollution prevention; • details of soil resource management including estimated quantities to be removed from the site; • details of the lighting scheme proposed during construction. (Note: lighting should be directed away from the designated sites); • include the working and safety zones, together with noise and visual screening proposals (email as shown on “Working Area within SSSI Figure 2 Rev A dated 6 July 2012); • details of methodology for removal and translocation of vegetation; • a waste management audit. Drainage Strategy 2. Submission of a detailed drainage strategy for the maintenance and management of the surface water drainage system (settlement tanks, pumps and reedbed system). Restoration Scheme for Designated Sites 3. Details of the management and monitoring of the reinstatement and restoration of the designated site, together with the translocation / enhancement areas. The strategy should include measures of the success of the reinstatement/restoration works and any post-restoration remedial works to secure successful re- establishment of the ecological features affected. The strategy should be agreed within 2 months of the grant of the planning permission. For clarity: this applies to the following designations pSPA, pRamsar, SSSI and Local Wildlife Site. Invasive Species 4. Two invasive species are present within the site boundary. The applicant is required to submit a method statement for Australian Stonecrop ( Crassula helmsii ) and Japanese knotweed ( Fallopia japonica ), which can be secured by a suitably worded planning condition and include the following: • a location plan showing where the species are; • how they will be demarcated to prevent further spread; • identify what method(s) of control will be used; • set out when annual monitoring reports will be submitted to the Council. Monitoring reports should describe the current status of insert species at the site and provide full details of the treatment undertaken. Monitoring reports are required until no insert species has been recorded at the site for 12 consecutive months. 5. A validation report is then required confirming the remediation treatment carried out and that the site is free