E DEVELOPMENT CONTROL AND REGULATORY BOARD 21ST FEBRUARY 2013 REPORT OF THE CHIEF EXECUTIVE COUNTY MATTER PART A – SUMMARY REPORT APP. NO. & DATE: 2012/0972/03 (2012/VOC/0194/LCC) & 2008/0789/03/CS/03 (2012/CSub/0208/LCC) – 30 th May 2012 PROPOSAL: Variation of condition 3 and 12 of planning permission ref. 2008/0789/03 to increase the permitted number of vehicle movements from 240 to 300 per week, and to increase the approved capacity of the site from 50,000tpa to 60,000tpa LOCATION: Mechanical/Biological Treatment Facility (MBT), Cotesbach Landfill, Shawell Quarry, Gibbet Lane, Shawell, Lutterworth (Harborough District) APPLICANT: New Earth Solutions Ltd. MAIN ISSUES: Increase in waste throughput, odour issues, vehicle movements. RECOMMENDATION: A) Planning application 2008/0789/03/CS/03 (Increase in waste throughput): REFUSE due to unacceptable adverse impacts by reason of odour. B) Planning application 2012/0972/03 (Increase in HGV movements) : PERMIT subject to conditions relating to hours of operation and vehicle movements. Circulation under the Local Issues Alert Procedure Mr. G. A. Hart CC Officer to Contact Georg Urban (tel. 0116 305 6756) e-mail: [email protected] 2 2012/0972/03 & 2008/0789/03/CS/03 - continued PART B – MAIN REPORT Site Location and Planning History 1. The Shawell Quarry/Cotesbach quarry and landfill site is located north west of the village of Shawell and south of the village of Cotesbach, near Lutterworth. The mineral extraction and landfill area is located north of Gibbet Lane, a road which links Shawell with the A5/A426 junction to the west of the site. The associated minerals processing plant, a number of silt settlement lagoons, a roof tile works and the site of a (now disused) concrete blockworks are located to the south of the road. Mineral is transported from the extraction area to the processing plant by means of a conveyor which crosses under Gibbet Lane. An inert waste recovery and recycling facility is also situated south of Gibbet Lane. There is also a mechanical/biological treatment (MBT) facility associated with the landfill site. This is located on the north side of Gibbet Lane adjacent to the entrance to the landfill site and treats municipal wastes. 2. Shawell Quarry has been in operation since the late 1950s. The first planning permission for sand and gravel extraction dates back to January 1958. In the late 1970s, extraction operations took place on land near Hill Farm, to the west of the A426 Rugby Road. Since then, a number of planning permissions have been granted for mineral extraction, the erection of plant, landfilling of waste and other operational works. 3. The quarry and associated mineral planning permissions have been the subject of a periodic review of planning conditions under the Environment Act 1995. An updated schedule of planning conditions for the mineral planning permissions at Shawell Quarry was approved by the Development Control and Regulatory Board in April 2005. 4. A more recent planning permission was granted in September 2007 (reference 2006/1565/03) and covers the extraction of sand and gravel from an area to the west of the previously permitted quarry/landfill. It also includes a revision of the permitted scheme of working and extends the existing landfill operation into the new western extension. 5. In September 2008, planning permission was granted under reference 2008/0789/03 for a fully enclosed composting facility for the processing of up to 50,000 tonnes of waste per annum, and ancillary development (now refered to as an MBT). The facility is operated by New Earth Solutions Limited (NES) and receives household waste from kerbside collections which is being subjected to mechanical and biological treatment. This process is described in more detail below. The facility commenced operations on 1 st October 2010. DC&REG. BOARD 21/02/2013 3 2012/0972/03 & 2008/0789/03/CS/03 - continued DC&REG. BOARD 21/02/2013 4 2012/0972/03 & 2008/0789/03/CS/03 - continued 6. The nearest residential properties to the MBT facility are Holme Close Farm (currently unoccupied) and Littledene, about 390-430 metres east-southeast. Other properties in Shawell are located about 150 metres further to the east and south-east, at distances between 550 and 850 metres from the site boundary. A property known as Greenacres, on Gibbet Lane near the A5/A426 roundabout, is located about 700 metres west of the site. Two semi-detached properties, Keepers Cottage and West Cottage, are situated adjacent to the northern quarry boundary, 950m north-east of the MBT facility. The village of Cotesbach lies about 1.3km to the north, beyond the quarry and landfill operation. 7. A number of Public Rights of Way are located near the MBT facility. The original route of Footpath X26 traverses the consented mineral extraction/landfill area from Cotesbach to the north of the quarry to Gibbet Lane in the south. This footpath is currently the subject of a temporary diversion for the duration of quarrying and landfill operations. The original route of Footpath X26 is to be reinstated following the final restoration of the site. Bridleway X27 also links the unnamed lane to the north of the quarry with Gibbet Lane in the south. The route of this bridleway has been diverted temporarily along the western edge of the quarry and will also be reinstated following site reclamation. Footpath X24 connects Shawell with Gibbet Lane by crossing agricultural land and an area of former quarry workings to the east of the processing plant before linking with Gibbet Lane to the south of the MBT facility. Existing Facility 8. On arrival at the facility, bags of waste are split open and subjected to a visual inspection. The waste then travels on a conveyor where fines are screened out, followed by density separation, magnetic extraction, eddy current separation and infrared sorting. Any recyclables which are recovered from the waste stream (such as ferrous and non-ferrous metals, plastics etc.) are baled and wrapped and taken off site for recycling. 9. The remaining material is being taken into the adjacent composting halls, where it is formed into windrows. The temperature and moisture content of the waste is being monitored and windrows are turned regularly to ensure it is aerated and matures uniformly. The moisture content of the air inside the compost halls is controlled by means of an automated sprinkler system. The composting halls are kept under negative pressure to avoid odour to escape during the composting process. 10. At the end of the composting process, the material is being transferred by means of a loading shovel to the adjacent maturation building, where it is kept for a further period of maturation, before being screened again. DC&REG. BOARD 21/02/2013 5 2012/0972/03 & 2008/0789/03/CS/03 - continued 11. The main output streams of the process are recyclables, industrial refuse- derived fuel (RDF), compost-like output (CLO) and process residues and rejects (i.e. materials which cannot otherwise be used). Recyclables are being taken off-site for recycling. The CLO is currently being shipped to sites near Kettering and Northampton, where it is being used in the restoration of landfills. The material recovered as refuse-derived fuel is currently being exported to the Netherlands, where it is used as fuel for district heating schemes and cement kilns. New Earth Solutions advises that the company is currently developing its own UK-based facilities to convert the material exported as RDF to heat and power. Process residues and reject materials are disposed of at Cotesbach Landfill. Proposed Development 12. The operator of the MBT site, New Earth Solutions Limited (NES), has submitted two planning applications to vary two planning conditions of the facility’s planning permission. These relate to an increase in the waste throughput of the site (application reference 2008/0789/03/CS/03) and to an increase in vehicle movements (application reference 2012/0972/03). As both applications are directly related to one another, they are being determined in parallel. 13. Condition 3 of the planning permission for the MBT facility (reference 2008/0789/03) requires the development to be carried out in accordance with the details contained in the planning application and attached supporting statement. The original planning application description was ‘Fully enclosed composting facility, for the processing of up to 50,000 tonnes of waste per annum, and ancillary development’. Throughout the original planning application for the MBT facility, the proposed operation is described as a facility “capable of processing 50,000 tonnes of waste per annum” . The company is applying to vary condition 3 to allow the amount of waste being processed to be increased from 50,000 to 60,000 tonnes per annum. 14. Condition 12 of the permission stipulates that the number of heavy goods vehicle movements generated by the development shall not exceed 240 in any week. NES is applying to vary this condition to allow a total of 300 vehicle movements to take place in any week. Method of Working 15. The method of operation as described above would not change as a result of the proposed increase in waste throughput or vehicle movements. Hours of Operation 16. The current planning permission limits any deliveries, the movement of plant or machinery outside the buildings and the export of composted material from the site to the hours of 0730 to 1700 Monday to Friday and 0730 to 1400 on Saturdays. No such operations are permitted on Sundays or Bank Holidays or DC&REG. BOARD 21/02/2013 6 2012/0972/03 & 2008/0789/03/CS/03 - continued Public Holidays, with the exception of Good Friday.