EEC/07/335/HQ Development Control Committee 28 November 2007 County Matter - Waste Disposal North Devon District: Land at Former Yelland Power Station, Lower Yelland Barnstaple (a) The Completion of Capping of the Ash Beds (b) The Enlargement and Continuation of Use of Transfer Station Application Nos: 02/44587/2007 and 02/44588/2007 Date Applications received by County Council - 25 May 2007 Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that: (a) Application for the Completion of Capping of the Ashbeds (02/44587/2007) subject to a satisfactory contamination report being submitted within 14 days of the date of this committee meeting that planning permission be granted subject to conditions relating to, inter alia, temporary permission to December 2008, in accordance with plans, hours of work, use of silencers, no fixed plant, removal of badgers, capping materials, restoration, aftercare and management, and height of stockpiles. (b) Application for the Enlargement and Continuation of Use of Transfer Station (02/44588) subject to: (i) a satisfactory contamination report being submitted and the removal of the Environment Agency objection relating to the Flood Risk Assessment and contamination; and (ii) the application being first referred to the Government Office for the South West as a departure from the Development Plan and the Secretary of State deciding not to call in the application for her own determination; that the Director of Environment, Economy and Culture be authorised to grant planning permission for the development subject to conditions relating to inter alia, 5 year temporary permission, compliance with submitted plans, boundary treatment (to include details of fencing and timing for erection), height of stockpiles, implementation of mud/dust mitigation scheme, hours of operation, routing, erection of signs warning of cyclists, no direct retail sales, noise, removal of buildings, plant and stockpiles on cessation, no fixed plant without prior permission, hard surfacing, type of waste material, and bunding of oil tanks. 1. Summary This report relates to the determination of two separate planning applications at the former Yelland Power Station, Lower Yelland, Barnstaple. The first is for the completion of the capping of the ashbeds, and the second is for the enlargement and continuation of use of the transfer station established as part of the capping operation. 2. Background Both of the application sites form part of the former East Yelland Power Station site. This is located to the north west of Yelland, on the southern bank of the River Taw. The former power station site is a brown field site but lies within an environmentally sensitive location adjacent to the Taw-Torridge Estuary Site of Special Scientific Interest, the buffer zone to the UNESCO Biosphere Reserve, Braunton Burrows Special Area of Conservation and is close to the Area of Outstanding Natural Beauty, Heritage Coast and Coastal Preservation Area. To the south of the site is an oil distribution centre and the Estuary Business Park, which provides a number of light industrial units. The Tarka Trail lies immediately to the south of the ash bed site and crosses the access road to the transfer station. The South West Coastal Path encircles the former power station site to the east, north and south. The coal fired power station was demolished in the 1980’s. In December 1998 the Committee approved an application (02/27/26209/98) for the reopening of the wharf, which formerly served the power station, for the export and import of minerals, together with the erection of associated warehouse facilities (Report ED/98/456/HQ). The life of this permission was effectively extended for 5 years by another permission granted in 2003 (02/27/36809/03). In 2006 a further application was made and permission was granted to allow for an amendment to the location and size of the storage/warehouse facilities (02/42289/2006). In March 1999 the Committee resolved to grant a temporary five year permission (02/27/24672/97) for the capping of the former ash beds (Report ED/98/164/HQ). The capping was required to remediate the site following concerns expressed by local residents about contamination on the site. The concerns related to potential health problems occurring as a result of the asbestos within the ash beds and its appearance at the surface due to the activities of rabbits on the site. Originally the proposed method of capping was to construct a rock/hardcore blanket covered by up to 7 metres of subsoil. This was later amended to reflect the requirements of the Environment Agency to use a suitable animal resistant geo-textile with a reduced covering of hardcore and subsoil of between 1 and 3 metres dependent on specific site conditions. As part of the permission the transfer station was established on the site adjacent to the ash beds, which enabled the sorting and processing of the imported inert waste. A Section 106 Agreement, completed as a prerequisite to the 1999 planning permission, secured land for the construction of a footway/cycle path alongside the private road from its junction with the B3233 and the Tarka Trail and provision for the ongoing beneficial nature conservation management of the site. Subsequently the land for the cycle path was dedicated but it has not yet been constructed. A further application was made in September 2002 to vary condition 16 attached to the 1999 planning permission (02/27/24672/97) to allow the export of processed materials from the site. The Committee resolved to refuse permission as it was considered that the removal of the condition would result in a lengthening of the time taken to complete the capping of the ash beds, to the detriment of the amenity of local residents and persons using the surrounding area for recreational purposes (Report ED/02/270/HQ and minute 156(i)). A further application was made in 2004 to extend planning permission for the capping of the ash beds and the transfer station for a further three years, as the capping had not been completed. The Committee agreed to extend the temporary permission, but only for a further 2 years to 31 August 2006 (02/27/37228/04)(Report ED/04/166/HQ and minute 308 (c)). 3. The Proposals (a) Application for the enlargement and continuation of use of the transfer station for inert waste This application is for the retention of the transfer station on a permanent basis after the capping has been completed. The current transfer station site exceeds the area permitted by the original permission, as a large area of stock piles has developed. The planning application seeks to regularise this situation by extending the permitted area. It has been advertised as a departure from the Development Plan and the site is not identified for this use within the Adopted Devon County Waste Local Plan. An area of 0.4 hectares would be used as the sorting and processing area, including crushing and screening. The current office and welfare building would be retained and an additional porta cabin office erected. Skips and containers would be available for sorted materials. This area would be concreted and fenced. A larger area of 2.2 hectares would be used for the storage of processed material (mainly crushed concrete). This area would also be fenced. The estimated number of lorry movements is 40 per day (20 in and 20 out). Proposed operating hours are 08.00 to 18.00 hours, Monday to Fridays, and 08.00 to 13.00 hours on Saturday. (b) Application for the completion of capping of the ash beds The current application for the completion of the capping has been made as the 2004 permission has expired and a small area of the site still requires capping. The applicants have been unable to complete the capping in this area due to the presence of a badger sett. They intend to relocate the badgers by creating a new sett off site and then apply to Natural England for a licence to close the existing sett. 4. Consultations North Devon District Council (Planning) – Indicates approval for both applications. The District Council considers that the proposed transfer station is an appropriate development on the site and that it would form an integral part of the proposed operations to screen, process and manage the importation of inert waste. The proposed capping of the ash beds would involve the use of inert waste, crushed stone and subsoil only. North Devon District Council (Environmental Health) – No objection raised to either application. Having regard to the separation distance between the site and dwellings in the vicinity, it is satisfied that the developments would not significantly impact upon local amenity from an environmental health perspective. Instow Parish Council - The Parish Council comments that any enlargement and continuation of this transfer station should be temporary to allow completion of the capping process and not beyond. Any extension beyond 2007 for the use of the transfer station would only make permanent an arrangement that was only ever intended to be temporary. It would seem that the application is to establish an extension to the transfer station that has already taken place.The land at Yelland Power Station is set aside in the North Devon Local Plan for industrial and recreational use and the transport issues are already established. It queries the appropriateness of the transfer station proposal given that the site is in the heart of the Taw/Torridge Estuary/Biophere. As far as the application for the completion of the capping is concerned the Parish Council states that no extension should be granted beyond the end of 2007 and that a restoration and management plan should be drawn up to ensure that the recolonisation and ongoing maintenance of the tipped area is properly supervised.