PART I South Lakeland District Council PLANNING COMMITTEE Meeting Date: 25 October 2012 Report Author: Mark Shipman (Development Management Group Manager) Eleanor Huddleston, Planning and Enforcement Assistant Portfolio: Jonathon Brook (Housing and Development Portfolio Holder) Report from: David Sykes (Director People and Places) Wards affected: All in the Furness Peninsula Key Decision: Not applicable A REPORT ON THE SUBMISSION OF A LOCAL IMPACT REPORT TO THE NATIONAL INFRASTRUCTURE DIVISION REGARDING ROOSECOTE BIOMASS POWER STATION AT BARROW IN FURNESS 1.0 PURPOSE OF REPORT 1.1 This report is presented to inform Members about the draft Local Impact Report to be submitted to the National Infrastructure Division of the Planning Inspectorate (NID) and allow Members to comment thereon. 1.2 Appendix 1 contains the Draft Report. 2.0 RECOMMENDATIONS 2.1 It is recommended that Members of Planning Committee:- (1) Consider the report and suggest any revisions they wish to be incorporated; and (2) Endorse the report for submission to the NID. 3.0 BACKGROUND 3.1 The application seeks a Development Consent Order (DCO) to construct and operate a 90MW (gross) / 80MW (Net) biomass electricity generating power station on land at Roosecote, Barrow in Furness. 3.2 The main structures proposed comprise: a boiler house 70m high; a stack 90m high; a fuel storage shed 29m high, up to 120m x 55m in plan; four fuel storage silos for wood pellets each 25m in diameter and 35m tall; biomass screening building; road delivery unloading facility; rail unloading facility; a railway line connecting the existing rail infrastructure; and conveyors to transport fuel within the power station. The site of the proposal is approximately 1.2 kilometres from the boundary with South Lakeland. The nearest village within the District is Leece, which is approximately 1.9 km from the application site. There are many rural communities of varying sizes within a 5 km radius from the site which fall within two parishes, Aldingham and Urswick. 3.3 The Planning Act 2008 created the Infrastructure Planning Commission (IPC) and this has been changed into the National Infrastructure Division of the Planning Inspectorate by the Coalition Government. Their function is to issue all the necessary consents in one process for significant national infrastructure projects. There are thresholds set for energy production that define Nationally Significant Infrastructure Projects. Roosecote Biomass Power Station is defined as a Nationally Significant Infrastructure Project. 3.4 Section 60 (2) Planning Act 2008 states “The Commission must give notice in writing to each of the following, inviting them to submit a local impact report to it:- (a) each authority which, in relation to the application, is a relevant local authority within the meaning given by section 102(5), and (b) the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.” South Lakeland District Council is a relevant authority under subsection (a). 3.5 Section 60 (3) Planning Act 2008 states a “local impact report” is a report in writing giving details of the likely impact of the proposed development on the authority’s area (or any part of that area).” Local Impact Reports are referred to using the acronym LIR. 3.6 A guidance Note was produced by the IPC and is still the relevant document. The following advice is taken from that document: The content of the LIR is a matter for the local authority concerned as long as it falls within this statutory definition. Topics which may be of assistance in the report include: • site description and surroundings / location; • details of the proposal; • relevant planning history and any issues arising; • relevant development plan policies, supplementary planning guidance or documents, development briefs or approved master-plans and an appraisal of their relationship and relevance to the proposals; • relevant development proposals under consideration or granted permission but not commenced or completed; • local area characteristics such as urban and landscape qualities and nature conservation sites; • local transport patterns and issues; • site and area constraints; • designated sites; • socio-economic and community matters; • consideration of the impact of the proposed provisions; • requirements within the draft Order (such as the scheme) in respect of all of the above; and • development consent obligations and their impact on the local authority’s area. 3.7 This list is neither exhaustive nor prescriptive. Local authorities should cover any topics they consider relevant to the impact of the proposed development on their area. 3.8 Local authorities should set out clearly their terms of reference for the LIR. The LIR should be used by local authorities as the means by which their existing body of local knowledge and evidence on local issues can be fully and robustly reported to the Commission. 3.9 There is no need for the LIR to replicate the Environmental Impact Assessment (EIA). Nor is it necessary to replicate any assessment already produced in respect of the site such as those included in National Policy Statements. Rather, it should draw on existing local knowledge and experience. Examples might be local evidence of flooding, local social or economic issues or local knowledge of travel patterns to community facilities. 3.10 In producing a LIR, the local authority is not required to carry out its own consultation with the community. 3.11 The report should consist of a statement of positive, neutral and negative local impacts, but it does not need to contain a balancing exercise between positives and negatives; nor does it need to take the form of a committee report. The Commissioner will carry out a balancing exercise of relevant impacts, and these will include those local impacts specifically reported in the LIR . 3.12 By setting out clearly evaluated impacts in a structured document, local authorities will assist the Commission to identify local issues which might not otherwise come to its attention in the examination process. It will also be very helpful to have the local authority’s appraisal of the proposed development’s compliance with local policy and guidance. 3.13 It would assist the Commission if the local authority is able to give its view on the relative importance of different social, environmental or economic issues and the impact of the scheme on them. 3.14 It will be important for the Commission to have the local authority’s views on provisions, requirements and development consent obligations. Where specific mitigation or compensatory measures are proposed by the applicant, by way of suggested provisions; requirements; or development consent obligations, these should be identified, commented upon and given appropriate weight. Local authorities should mention them explicitly. The same applies to provisions; requirements; and obligations that the local authority considers ought to be included. 3.15 Parish councils, organisations and members of the public may have made representations to the local authority or directly to the applicant about the scheme (prompted, for example, by the applicant’s consultation). The LIR could include reference to these representations, but only where they are relevant to a particular local impact which the local authority itself wants to highlight. To make relevant representations about the application, interested persons must register their interest with the Commission at the appropriate time. Local authorities should therefore encourage such respondents to register their interest so that they can make representations about the scheme directly to the Commission. 3.16 The draft LIR is contained in Appendix 1. 4.0 RESEARCH AND CONSULTATION 4.1 Various planning files both within South Lakeland Local Planning Authority, Barrow Local Planning Authority and Cumbria County Council, Consultation Documents and application documents submitted to the NID. See below. 5.0 PROPOSAL 5.1 Submit the Local Impact Report to the National Infrastructure Division. 6.0 ALTERNATIVE OPTIONS 6.1 Not submit the Local Impact Report to the National Infrastructure Division. 7.0 NEXT STEPS 7.1 Incorporate any comments of Members and if appropriate subsequent relevant observations of Cumbria County Council, then submit the LIR to the NID. 8.0 IMPLICATIONS 8.1 Financial and Resources 8.1.1 No planning fee is received and SLDC is not a party to the Planning Performance agreement, though a pre-application fee of £600 plus VAT was received. 8.2 Human Resources 8.2.1 The recommendations in this report do not have any staffing implications. 8.3 Legal 8.3.1 See report. 8.4 Social, Economic and Environmental Impact 8.4.1 Has a sustainability impact assessment been carried out? Yes. The Appendix to this report does comment on environmental effects. 9.0 RISK ASSESSMENT Risk Consequence Controls required Not submitting the LIR will Ombudsman Ensure submission of mean that the decision maladministration the LIR within the regarding Roosecote investigation. Result in relevant timescale. Power Station will be taken inappropriate forms of without regard to impacts development, which could within South Lakeland have an adverse impact on Local Planning Authority the character, and administrative area. appearance of the District’s town and rural landscapes. 10.0 EQUALITY AND DIVERSITY 10.1 The Planning Act 2008 takes account of the equalities issues in seeking to define South Lakeland’s community and interests relevant to the Local Development Plan, which will influence the determination of this Development Consent by the NID. 11.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 11.1 This report links to the aim of “Enhancing the environment in which we live.” 12.0 CONCLUSION AND EXPECTED OUTCOMES 12.1 Officers conclude that it is unlikely that there will be a significant adverse impact on landscape and visual amenity within South Lakeland. However, there are still issues to be addressed with regards to air quality and traffic and transport which do have implications for the District given the proximity of the site to South Lakeland, and the location of main transport routes through the District.