Report For: Executive Item No: Date: 23 August 2018 Report Of: Service Director – Property & Construction 3.1 Report Author: Roger Kirk Subject: Proposed Chiltern Green Energy Park Lead Executive Member(s): Cllr Sian Timoney Wards Affected: All Consultations: Councillors ☐ Scrutiny ☐ Stakeholders ☐ Others ☐ Recommendations 1. That Executive instructs the Corporate Director – Place & Infrastructure to submit a response on behalf of the Council to Central Bedfordshire Council with respect to the request for an Environmental Impact Assessment Scoping Opinion in regard of the proposed Chiltern Green Energy Park development at East Hyde. 2. That, in the event that a formal planning application is lodged with Central Bedfordshire Council in respect of the above proposed development, Executive instructs the Corporate Director – Place & Infrastructure to refer any response to Executive for review prior to submission. Background 3. Emsrayne Renewable Energy Ltd (a company based in Caddington) intend to submit a planning application to Central Bedfordshire Council to construct and operate a Combined Heat & Power generation facility at New Mill End (East Hyde) that would import up to 500,000 tons of refuse derived fuel (or similar residual waste) per annum. 4. Residual waste is defined as the non-hazardous combustible mixed material that remains after the traditional waste recycling process. 5. This would be incinerated by the “moving grate” combustion process to produce an energy output equivalent to circa 100 MWe. 6. It is proposed that an underground insulated pipeline will carry pressurised hot water from the facility to a connection point close to London Luton Airport. 7. Electricity would be transported via an underground cable to a new substation in the vicinity of London Luton Airport, which would be connected in turn to Luton South substation belonging to UK Power Networks. The Current Position 8. The Town & Country Planning (Environmental Impact Assessment) Regulations 2017 specify the types of development for which an Environmental Impact Assessment is mandatory. The proposed facility would fall into this category. 9. The intended planning application will therefore have to be accompanied by an Environmental Statement based on a comprehensive Environmental Impact Assessment. 10. As a result Emsrayne Renewable Energy Ltd have submitted a document to Central Bedfordshire Council formally requesting them to provide a scoping opinion on the proposed Environmental Impact Assessment, as provided for by Section 15 of the regulations referred to above. 11. On 27.06.18 Central Bedfordshire Council in turn asked potentially interested parties (including Luton Borough Council) to submit representations as to what areas and issues the Environmental Impact Assessment in question should cover. 12. Representations were originally required by 11.07.18 but this deadline has been extended to 31.08.18. Goals and Objectives 13. The prime objective is to ensure that the proposed Environmental Impact Assessment fully and critically examines the potential impact of the proposed development on Luton residents and businesses. Proposal 14. The proposal is for the Corporate Director – Place & Infrastructure to submit a response to Central Bedfordshire Council suggesting that the Environmental Impact Assessment covers the concerns listed in the points below: 15. The proposed route to and from the site is stated as the Lower Harpenden Road B653 to Airport Way A1081 to access the strategic road network i.e. the M1. Airport Way is a traffic sensitive road. 16. The estimated throughput of the proposed plant is 500,000 tonnes per annum. Without knowing the density of the waste it is impossible to predict the likely traffic generation. If the waste is in compressed bales it is likely to generate up 250 two way vehicle movements per day based on a 5 day working week. If it is loose waste the vehicle movements could easily triple. 17. The proposed scope of the network modelling is therefore unacceptable. It is likely that all the junctions on Airport Way including those at M1 junctions 10 and 10a will require assessment. Additionally, no mention is made of modelling the roundabout junctions on Lower Harpenden Road at Gipsy Lane and Parkway. 18. The scoping report mentions looking at the width and alignment of Lower Harpenden Road. While it is a B road, it is relatively narrow and has a number of bends with extremely restricted forward visibility. It could not therefore be considered as a particularly satisfactory route for a large number of two way HGV movements. 19. It appears that the plant will cater for waste from a very wide area, all of which will be arriving by road. This is not a very sustainable way of transporting waste. 20. There is potential for substantial adverse Air Quality and Noise pollution for Luton Residents. This risk will have to be assessed. 21. As the site is close to Luton Hoo Park, the River Lea and the Luton to Harpenden Cycle- Way there will need to be a detailed assessment of any potential related landscape, heritage and public amenity issues as part of the Environmental Impact Assessment. 22. An Aerodrome Safeguarding Assessment should be required with respect to the potential impact on flights to and from London Luton Airport. 23. A Health Impact Assessment should be required for the wider area of population not just that in the immediate vicinity of the proposed development. 24. The Environmental Impact Assessment should take notice of the proposed development of New Century Park and future London Luton Airport expansion plans. 25. The proposed development sits at odds with the Council’s plans to provide a green energy supply to London Luton Airport and surrounding businesses by the construction of solar and wind based electricity generation capacity. Key Risks 26. Not to respond to the request by Central Bedfordshire Council for input on the scope of the proposed Environmental Impact Assessment would prevent the Council having a say in what it should cover from a Luton residents and businesses perspective. Consultations 27. None at this stage. Alternative options considered and rejected (please specify) 28. Not to respond to the request by Central Bedfordshire Council for input on the scope of the proposed Environmental Impact Assessment. Appendices Attached 29. Letter dated 27.06.18 from Central Bedfordshire Council. Background Papers 30. Proposed Chiltern Green Energy Park ay East Hyde. Town & Country Planning (Environmental Impact Assessment) Regulations 2017. Request for a Scoping Opinion under Regulation 15. SLR on behalf of Emsrayne Renewable Energy Ltd June 2018. IMPLICATIONS For Executive Reports: • All grey boxes must be completed • All statements must be cleared by an appropriate officer For CLMT Reports: • Only the dark grey boxes must be completed • Clearance is not required Legal Clearance Agreed By Dated There are no direct legal implications to what is Kemi Onakoya, Principal 8 August proposed in this report. Solicitor (Property & 2018 Planning) Finance Clearance Agreed By Dated The report has no direct financial implications. Darren Lambert, Finance 6th August However, should a formal planning application be Business Partner 2018 submitted to Central Bedfordshire Council the Council may need to incur costs dependent on how far the planning process progresses. Integrated Impact Assessment (IIA) – Key Points Equalities / Cohesion / Inclusion (Social Justice) Clearance Agreed By Dated Of itself the Council’s proposed response has no Social Justice Unit 10.08.18 Social Justice implications. Environment Clearance Agreed By Dated Whilst the principle of energy from waste is clearly Keith Dove, Strategic Policy 8th August beneficial in terms of reducing CO2, this needs to be Adviser 2018 balanced against the emissions as a result of an increase in Heavy Goods Vehicle movements serving the site Health Clearance Agreed By Dated Public Health agree it is important that full Lucy Hubber, Consultant in 7/8/18 investigations to protect the environment and health Public Health [Interim] be carried out with respect to such proposals. A full health impact assessment for residents of Luton and the wider area be carried out before any planning application is agreed in this context. Alongside a full environmental impact assessment this should support informed decision making in the interests of Luton’s environment and public health. It is also felt that specialist public health opinion should be sought from the Public Health England Centre for Radiation, Chemical and Environmental Hazards [PHE CRCE] as part of the formal planning process. The Chief Medical Officer in her 2017 annual report urges policy makers to take the threat to health posed by air pollution seriously and to realise that addressing pollution is disease prevention. Air pollution is the greatest environmental harm to human health. With estimates of UK annual deaths estimated between 29,000 to 40,000. Luton already has a higher percentage of adult deaths [6%] related to exposure to air pollution than England [5.3%]. Transport is a major source of both air and noise pollution and good air quality and reduced noise pollution are important elements of providing a healthy place and should be protected wherever possible. The health impacts of this possible proposal should be understood fully using full health and environmental impact assessments. Community Safety Clearance Agreed By Dated Staffing Clearance Agreed By Dated Other Clearance Agreed By Dated .