Agenda Item No. 5A Committee: Regulatory Planning Committee Date: 6 August 2008 Report by: Director of Transport and Environment Proposal: Brighton and Hove Wastewater Treatment Project Site Address: New Waste Water Treatment Works & Sludge Recycling Centre at Peacehaven, Wastewater Flow Transfer Infrastructure from East Saltdean to the proposed Wastewater Treatment Works & Onward to a new Long Sea Outfall at Friar’s Bay, a New Pumping Station at Portobello in Telscombe Cliffs, Sewer Connections and Access Shafts. Applicant: Southern Water Services Ltd Application LW/537/CM (EIA) No’s Key Issues: Need Policy Framework Best Practicable Environmental Option (BPEO) Alternative sites Traffic impact Landscape impact Recreational impacts Rights of Way Air Quality Noise Ecology & nature conservation Water protection Impact of shaft and tunnelling works Cultural heritage Compatibility with land uses Agricultural impact Waste minimisation SUMMARY OF RECOMMENDATIONS The Committee is recommended to approve the application subject to completion of the following procedure by the Director of Transport and Environment: 1) To refer the application to the Secretary of State as being in conflict with provisions of parts of the development plan; 2) Subject to confirmation from the Secretary of State that she does not wish to call in the application and the completion of a satisfactory legal agreement/unilateral undertaking including the resolution of the matters in paragraph 3.13.; to authorise the grant of planning permission subject to the conditions along the lines set out in Appendix 3 of this report. CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT 1. Introduction 1.1 Southern Water submitted a planning application to this Authority in January 2008 for the development of the Brighton & Hove Wastewater Treatment Works and associated infrastructure, from the County Boundary to Friar’s Bay Peacehaven within East Sussex. The part of the proposal from Black Rock to the County boundary, which lies within the administrative boundary of Brighton & Hove, was granted planning permission in December 2005. This application relates solely to those elements within the administrative boundary of East Sussex. The proposal requires the undertaking of an Environmental Impact Assessment (EIA), and an Environmental Statement (ES) comprising some 14 volumes was submitted as part of the application as well as a Design and Access statement and a Site Selection Review report. Additional supplementary information and plans have been submitted together with a unilateral undertaking. 1.2 The proposed development has been the subject of two previous planning applications (ref: LW/429/CM (EIA) and LW/453/CM (EIA)) submitted in April 2005 and September 2005 as duplicates of one another. The applicant appealed against the non determination of planning application LW/429/CM (EIA) in September 2005 which the Planning Committee considered its view on in April 2005 and subsequently its view on the duplicate application in June 2006. A public inquiry was held in June & July 2006. The resultant decision was made by the Secretaries of State who dismissed the appeal and refused planning permission on 26th July 2007. Decisions on the associated Compulsory Purchase Orders and the Acquisition Extinguishment Orders were deferred. The duplicate planning application LW/453/CM (EIA) submitted in September 2005 was withdrawn by the applicant in October 2006 and therefore was never determined. 2. The Site 2.1 The application site consists of a linear site, which follows the alignment of a proposed wastewater treatment transfer tunnel, between Saltdean East to the west of East Sussex, along the A259, passing Saltdean East and Telscombe Tye and onto the existing pumping station at Portobello. Thereafter, it aligns through Telscombe Cliffs and the western part of Peacehaven to undeveloped land on the south side of Lower Hoddern Farm where the treatment works is proposed. It then continues south-eastwards through the eastern part of Peacehaven and onto the coastal promenade at Friars Bay, from where wastewater would be discharged via a Long Sea Outfall (LSO) outside the administrative boundary of the County, which is marked by the mean low water mark. 2.2 The site of the Wastewater Treatment Works /Sludge Recycling Centre (WTW/SRC) comprises agricultural land within a dry valley with access shown from the end of Hoyle Road. Part of the site lies within the boundary of the Sussex Downs Area of Outstanding Natural Beauty (AONB). This area lies immediately adjacent to the proposed development but is not affected by any permanent works. There is a public bridleway (Peacehaven 7a) which crosses the site and a public footpath to the east, as well as informal established footpaths on the edge of the urban area to this part of Peacehaven. 2.3 Within Telscombe, between the A259 and the foot of the chalk cliffs, there is an existing Wastewater Treatment Works at Portobello, which discharges flows from the present catchment area through a Long Sea Outfall. These flows are subject to preliminary treatment (screening and grit removal) only. It is proposed to construct an intermediate pumping station at the Portobello site to transfer the flows of wastewater from Brighton & Hove and intermediate catchments to the proposed new Peacehaven WTW/SRC. The site is within the Sussex Downs Area of Outstanding Natural Beauty and consists of grassed areas and a steeply inclined access to the treatment works. A public footpath and steps to the beach adjoin the eastern boundary. Beyond the boundary is the Badgers Watch Public House which is a grade II listed building. The cliffs at Friars Bay and Portobello form part of the designated Brighton to Newhaven Cliffs Site of Special Scientific Interest (SSSI). 3. The Proposal 3.1 The development involves the provision of a WTW/SRC at Lower Hoddern Farm Peacehaven and the associated infrastructure to enable wastewater to be forwarded to the works from the catchment, including the necessary pumping facilities, and a new Long Sea Outfall (LSO) at Friars Bay between Peacehaven and Newhaven. The proposed development would serve the Brighton & Hove catchment area, including Brighton & Hove together with Roedean, Woodingdean, Ovingdean, Rottingdean, Saltdean, Telscombe Cliffs and Peacehaven. 3.2 The proposal for which this application relates will require three main tunnels; the first runs from within the Brighton & Hove part of the development at Black Rock to Portobello to transfer flows in a new interceptor sewer, which would replace an existing Victorian sewer that suffers from saline water intrusion and is in need of repair. This part of the tunnelling falls within the ESCC boundary between a new shaft at Saltdean and the new shaft at Saltdean East. The new sewer is to be built above sea level and when operational will allow the existing sewer to be repaired and used to forward storm water flows to the existing LSO at Portobello. A plan is attached to the additional information accompanying this agenda item, showing a diagrammatic layout of the present and proposed arrangement of infrastructure with this proposal. The second tunnel is to link Portobello to the new WTW/SRC and the third tunnel is to allow the treated water to be discharged to the sea through the new LSO. The first tunnel is to be constructed from Ovingdean and the last two from the WTW/SRC site at Peacehaven with spoil being used to re profile the landform and provide screening to the works. The method of tunnel construction from the WTW/SRC site involves the provision of a temporary railway to carry tunnelling segments and spoil entirely within the newly formed tunnels. 3.3 The proposed development in East Sussex would include the following works: • a 3 metres diameter shaft at Saltdean East, to intercept an existing sewer on land to the north of the A259 South Coast Road, approximately 50m west of the junction with Hamsey Road in the grounds of Martlett House; • a permanent new waste water pumping station on the existing site at Portobello (which will take flows of waste water received from the west and those received from the Peacehaven/ Telscombe catchment’s) involving the lifting of flows arriving from Marine Drive pumping station to a higher level in order to allow wastewater to flow by gravity towards the new WTW/SRC at Peacehaven. Three linked shafts are proposed, two 6 metres in diameter and the third 17.5 metres in diameter. • a 3 metres diameter shaft in the south eastern section of the Meridian Centre Car Park off Greenwich Way in Peacehaven (this is to allow emergency access to the tunnel which is being driven from the WTW/SRC site to Portobello; • construction and use of a waste water treatment works and sludge recycling centre on land at Lower Hoddern Farm, Peacehaven, which would include the following: a new access from Hoyle Road; landscaping and terrain remodelling including reuse of tunnelled materials; flow transfer infrastructure and access shafts; buildings housing waste water (including cess) treatment and sludge digestion, drying and recycling plant, machinery and equipment; external waste water (including cess) treatment and sludge digestion, drying and recycling plant, machinery and structures; facility to accept cesspit waste; provision of an odour treatment vent stack to a height of 8m above roofline; Provision of a Combined Heat and Power plant and associated vent stack; Provision of a Green Roof on eastern and southern sections of the works; use of part of the site as amenity land including the provision of a platform for potential future sports pitch provision; the diversion of existing rights of way affecting the site; a secure inner fence and an outer post-and-wire site fence; a temporary construction compound with a secure site fence or hoarding. • a tunnel service shaft on open land to the north of the highway at Peacehaven Heights, to the south of the A259 South Coast Road.