Agenda Item No
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
3
WEDNESDAY 18 JULY 2012 AT 10.00 AM
DISTRICT: NORTH HERTS
APPLICATION FOR A PROPOSED FARM BASED ANAEROBIC DIGESTION
(AD) PLANT, FOR THE DIGESTION OF FOOD CHAIN WASTE TO PRODUCE
BIO-FERTILISER AND BIOGAS FOR USE IN ON-SITE HEAT AND POWER
GENERATION AND TO PRODUCE 1.5 – 2.0 MEGAWATTS OF RENEWABLE
ELECTRICITY FOR EXPORTATION TO THE LOCAL DISTRIBUTION
NETWORK, ERECTION OF A WASTE RECEPTION BUILDING, DIGESTER
AND STORAGE TANKS, LANDSCAPE AND PLANTING WORKS AND
UPGRADING OF AN EXISTING FARM ACCESS FROM THE A505 ON LAND
AT BYGRAVE LODGE FARM, NR BALDOCK, HERTFORDSHIRE
Report of the Chief Executive and Director Environment
Author: Felicity Hart
Tel: 01992 556256
Local Member: Councillor Tony Hunter
1.
1.1
2.
Purpose of Report
Members will recall that this application was reported to the last Development
Control Committee (19th June 2012) to consider whether a legal agreement or
planning condition could be used to determine and control the spread of digestate
(bio-fertiliser) produced as a result of the AD process proposed as part of planning
application ref. 11-00333/1 CM0927 for the erection of a farm based anaerobic
digestion (AD) plant. The plant is intended to be used for the digestion of food chain
waste to produce bio-fertiliser and biogas leading to the production of renewable
electricity for distribution to the local distribution network.
Summary
2.1
Application 11-00333/1 CM0927 was originally reported to Development Control
Committee in May 2011 when it was resolved to grant planning permission subject
to a legal agreement to cover the use of the bio-fertiliser on adjacent farmland. The
application was for the erection of an Anaerobic Digestion (AD) plant, to be located
in a rural location in the Green Belt adjacent to the A505, 3 km north of Baldock. The
application site comprises 4.4ha of agricultural land and the plant would comprise a
collection of buildings and tanks, surrounded by a landscaped bunded area.
2.2
The primary purpose of the AD plant is to produce energy from waste. The
application proposes that up to 45,000 tonnes of food waste would be brought to the
plant each year, which would then be taken through an anaerobic digestion process
allowing the extraction of bio-gas which would be converted into electricity via a
CM0927 Bygrave Lodge farm
1
Combined Heat and Power (CHP) generator. The electricity produced would then be
fed straight into the national grid. Between 1.5 and 2.0MW of electricity is anticipated
to be produced by the plant, equivalent to the power demand of about 3,600 homes.
The plant itself would be self-sufficient in terms of energy and heat through the
production of its own electricity.
2.3
A by-product produced at the end of the process would be a liquid digestate which
would be stored in tanks on site and then piped to surrounding farmland as required
to be used as a bio-fertiliser on crops. It is expected that 36,000 tonnes of biofertiliser would be produced annually which would satisfy the demands of 914ha of
arable farmland in the local area reducing the need to import nitrogen, phosphate
and potash.
2.4
The site was selected by the applicant as the proposal is for a farm-based anaerobic
digestion plant. Food waste from both commercial and industrial (C&I) and local
authority kerbside-collected (if available) would arrive at the plant by lorry with direct
access to the A505. The applicant made an assessment of the local area in terms of
food waste sources and concluded that the application site meets the required
locational criteria. In addition the site would have a connection to the local electricity
distribution network.
2.5
The site is in the Green Belt and will be quite visually prominent. The previous report
considered that the proposed location offers the optimum combination of operational
and environmental advantages for the AD plant and that very special circumstances
had been put forward by the applicant to justify the proposed development in the
Green Belt which include the proposal being a farm-based operation, site
accessibility and superior site characteristics over alternatives outside the Green
Belt.
2.6
The proposal would involve constructing a group of buildings and tanks, the largest
of which would be a waste reception building 13 metres high x 31 metres wide x 46
metres long. The proposed hours of operation would be 0700-1900 Monday to
Friday and 0700-1300 on Saturdays. It is proposed that there would be 50 daily HGV
movements to the site (25 in and 25 out). It is proposed that 8 people would be
employed as a result of this development.
Further Information
2.7
2.8
At Development Control Committee on 19th June 2012, it was decided to defer
the application in order for the applicant to submit further information regarding
the spreading of the digestate and the HGV movements that would be required to
take the product off site.
When originally submitted, the application stated that the bio-fertiliser (the
digestate) would be used on the host farm and other nearby fields for soil
enrichment. As the product is considered to be an excellent alternative to
conventional fertilisers, it has always been envisaged that the majority, if not all
the digestate would be spread within a 5 mile radius of the plant. However, this
cannot be guaranteed, and therefore the proposed planning condition requiring
70% of the digestate to be spread within 5 miles of the plant would give some
commercial flexibility and allow up to 30% of the digestate to be transported away
from the site by road tanker.
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2.9
There are two periods of the year when spreading of the digestate would take
place; from February to mid April and from July to the end of September. The
potential transportation of up to 30% of the digestate beyond the proposed 5 mile
radius will only take place within those periods and at no other time. During those
time periods, if required, the digestate would be transported away from the site
by 27 cubic metre tanker lorries. The number of movements would be the
equivalent of 800 vehicle movements over the 25 week period, which translates
to 5.8 movements per day or about 3 in, 3 out.
2.10
The total number of HGV movements proposed in the original application
information is 50 (25in, 25 out) and the applicant has now confirmed that the
extra up to 6 movements (3 in, 3 out) would be included within the overall figure.
2.11
Hertfordshire County Council as Highway Authority recommends that a routeing
agreement be submitted for approval which would require none of these tankers
to travel through Baldock town centre. The applicant would have control over the
vehicles removing any digestate from the site and would be able to ensure that
they do not travel through Baldock town centre. It is considered that a S106
agreement would be appropriate to ensure this.
3.
Conclusion
3.1
Development Control Committee in May 2011 considered that although the
proposed development constitutes inappropropriate development in the Green Belt,
very special circumstances had been put forward by the applicant to clearly
demonstrate that these would outweigh any harm caused by the development and
any other harm.
3.2
It was also considered that the proposal would help meet national and regional
objectives for renewable energy production and would generate energy from waste
along with recycling waste to produce digestate (a bio-fertiliser), providing a
sustainable waste management facility in the waste stream.
3.3
The applicant has confirmed that at least 70% of the digestate would be spread
on local farmland within a five mile radius of the application site. It is considered
that this proposal could be controlled by a planning condition.
3.4
Up to 30% of the digestate could be removed from the site by road tanker, if
required. The applicant has confirmed that it is the intention that no such
vehicles would go through Baldock town centre and that they would be prepared
to enter into a routeing agreement to confirm this.
3.5
At Development Control Committee in May 2011, it was resolved to grant planning
permission subject to the application being referred to the Secretary for State as a
departure application within the Green Belt and him not wishing to call the
application in for a decision, and subject to a Legal Agreement.
3.6
Following recent discussions with the applicant and the further submission of details
in relation to the spreading of the digestate, it is now considered that the issue of the
spreading of the digestate can be covered satisfactorily by the addition of a
condition. The condition will require that at least 70% of the digestate is applied to
land within a 5 mile radius of the AD plant. It is recommended that a S106
agreement be entered into to produce a suitable lorry routeing agreement.
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3.7
The following conditions are now proposed. It is therefore recommended that
permission is granted subject to to the application being referred to the Secretary for
State as a departure application within the Green Belt and him not wishing to call the
application in for a decision and the applicant entering into a S106 Agreement
requiring a lorry routeing agreement.
1 Time limit for commencement of development
2 Permitted plans
3 Digestate to be spread in local area
4
Hours of operation
5
Car parking on site
6
Maximum throughput per year of waste
7
Limit on daily HGV movements to 50 (25in, 25 out)
8
Highway improvements
9
Odour management
10
Details of electrical connection
11
Details of design and materials
12
Lighting
13
Landscaping scheme
14
Landscape implementation/maintenance
15
Archaeology
16
Ecological management plan
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Appendix 1 – Committee report from 24 May 2011
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 24 MAY 2011 AT 10.00 AM
NORTH HERTS DISTRICT
APPLICATION FOR A PROPOSED FARM BASED ANAEROBIC DIGESTION
(AD) PLANT, FOR THE DIGESTION OF FOOD CHAIN WASTE TO PRODUCE
BIO-FERTILISER AND BIOGAS FOR USE IN ON-SITE HEAT AND POWER
GENERATION AND TO PRODUCE 1.5 – 2.0 MEGAWATTS OF RENEWABLE
ELECTRICITY FOR EXPORTATION TO THE LOCAL DISTRIBUTION
NETWORK, ERECTION OF A WASTE RECEPTION BUILDING, DIGESTER
AND STORAGE TANKS, LANDSCAPE AND PLANTING WORKS AND
UPGRADING OF AN EXISTING FARM ACCESS FROM THE A505 ON LAND
AT BYGRAVE LODGE FARM, NR BALDOCK, HERTFORDSHIRE
Report of the Director Environment and Commercial Services
Author: Felicity Hart
Tel: 01992 556256
Local Member: Councillor Tony Hunter
1.
1.1
2.
Purpose of Report
To consider planning application ref. 11-00333/1 CM0927 for the erection of a farm
based anaerobic digestion (AD) plant, for the digestion of food chain waste to
produce bio-fertiliser and biogas leading to the production of renewable electricity for
distribution to the local distribution network.
Summary
2.1
This is an application for an Anaerobic Digestion (AD) plant, proposed to be located
in a rural location in the Green Belt adjacent to the A505, 3 km north of Baldock. The
application site comprises 4.4ha of agricultural land and the plant would comprise a
collection of buildings and tanks, surrounded by a landscaped bunded area.
2.2
The primary purpose of the AD plant is to produce energy from waste. Up to 45,000
tonnes of food waste would be brought to the plant each year, which would then be
taken through an anaerobic digestion process allowing the extraction of bio-gas
which would be converted into electricity via a Combined Heat and Power (CHP)
generator. The electricity produced would then be fed straight into the national grid.
Between 1.5 and 2.0MW of electricity is anticipated to be produced by the plant,
equivalent to the power demand of about 3,600 homes. The plant itself would be
self-sufficient in terms of energy and heat through the production of its own
electricity.
2.3
A by-product produced at the end of the process would be a liquid digestate which
would be stored in tanks on site and then piped to surrounding farmland as required
to be used as a bio-fertiliser on crops. It is expected that 36,000 tonnes of biofertiliser would be produced annually which would satisfy the demands of 914ha of
arable farmland in the local area obviating the need to import nitrogen, phosphate
and potash.
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2.4
The site has been selected by the applicant as the proposal is for a farm-based
anaerobic digestion plant. Food waste from both commercial and industrial (C&I)
and local authority kerbside-collected (if available)would arrive at the plant by lorry
with direct access to the A505. The applicant has made an assessment of the local
area in terms of food waste sources and concluded that the application site meets
the required locational criteria. In addition the site would have suitable connection to
the local electricity distribution network.
2.5
In environmental terms the site is situated in the Green Belt and will be quite visually
prominent. However, the applicant has selected the proposed position to take
account of the natural contours of the land but in combination with a landscaping
plan and bunding scheme, views of the development would be contained to some
degree. The applicant has concluded that the proposed location offers the optimum
combination of operational and environmental advantages for the AD plant. Very
special circumstances have been put forward by the applicant to justify the proposed
development in the Green Belt which include the proposal being a farm-based
operation, site accessibility and superior site characteristics over alternatives outside
the Green Belt.
2.6
The proposal would involve constructing a group of buildings and tanks, the largest
of which would be a waste reception building 13 metres high x 31 metres wide x 46
metres long. The proposed hours of operation would be 0700-1900 Monday to
Friday and 0700-1300 on Saturdays. It is proposed that there would be 50 daily HGV
movements to the site (25 in and 25 out). It is proposed that 8 people would be
employed as a result of this development.
3.
Conclusion
3.1
The proposed development constitutes inappropropriate development in the Green
Belt, however very special circumstances have been put forward by the applicant to
clearly demonstrate that these would outweigh any harm caused by the
development and any other harm.
3.2
The proposal would help meet national and regional objectives for renewable energy
production and would generate energy from waste.The proposal would also recycle
waste to produce a bio-fertiliser, providing a sustainable waste management facility
in the waste stream. Detailed supporting information has been submitted with the
planning application and the application has been subject to consultation taking into
account a range of environmental issues. It is concluded that there would be no
other significant adverse impacts resulting from the development relating to ecology,
archaeology, odour/air qulaity, residential amenity or highway safety.
3.3
It is therefore recommended that, subject to the application being referred to the
Secretary for State as a departure application within the Green Belt and him not
wishing to call the application in for a decision, the Director Environment and
Commercial Services be authorised to grant planning permission subject to a Legal
Agreement to cover use of the bio-fertiliser over adjoining farmland and to include
the following conditions:
a) Time limit for commencement of development
b) Permitted plans
c) Hours of operation
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d) Car parking on site
e) Maximum throughput per year of waste
f)
Limit on daily HGV movements
g) Highway improvements
h) Odour management
i)
Details of electrical connection
j)
Details of design and materials
k) Lighting
l)
Landscaping scheme
m) Landscape implementation/maintenance
n) Archaeology
o) Ecological management plan
4.
Description of the site and proposed development
4.1
The site is located in a rural area adjacent to the south of the A505 in North
Hertfordshire. Baldock is located 3 km to the south west of the site and Royston is to
the north east. The site forms part of an agricultural field in which crops are grown
and there are a few sporadic houses and hamlets in the vicinity.
4.2
The nearest settlement is the hamlet of Bygrave which is situated to the north west
and the village of Wallington is to the south east of the site.
4.3
The application site itself comprises 4.4ha of agricultural land (Grade 3) used for
arable farming. The western side of the site is demarked by the A505 and to the
eastern side of the site there is a narrow access road that leads to Bygrave Lodge
Farm. This farm access leads to a grade-separated junction with the A505. On the
north side of the A505 and running parallel to it is the Cambridge to Hitchin railway
line and a Scheduled Ancient Monument in the form of a tumulus is about 250
metres away from the site.
Proposed development
4.4
This application is for a farm-based anaerobic digester. The purpose of the
development is two-fold. Firstly, the process of treating food waste will lead to the
production of between 1.5 and 2.0 MW of electricity which would be fed into the
national grid. In doing so, the proposed development is ‘energy from waste’.
Secondly, the process will result in a ‘digestate’ end product which will then be used
as bio-fertiliser and spread directly onto the arable fields surrounding the plant.
4.5
The location of the proposed development has been carefully chosen by the
applicant to meet specific criteria. The site needed to have sufficient arable land
around it upon which the quantity of bio-fertiliser created from the AD process could
be applied, to avoid the need for transporting any of the end product away from the
site by road transport. The site needed to be able to link directly into the local
electricity distribution network and to have suitable road access for deliveries of food
waste by lorry.
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4.6
The proposed development would form a collection of buildings and structures sited
together in a group in a slight dip in the corner of the field in which it is proposed to
be sited. The development would comprise a group of structures which would be
similar in appearance to usual farm buildings such as barns and silos and external
finish is proposed to be in greens and browns/beiges to help minimise visual
prominence.
4.7
A waste reception building to receive and pre-treat organic food wastes is proposed.
This would be sufficiently large enough to enable the lorries arriving at the site to
make deliveries inside the building, whilst the door is shut in order to contain any
odours. The proposed building would have the following dimensions – 13m high,
with a footprint of 31m x 46m.
4.8
In addition, pre-digestion tanks are proposed for the holding of waste prior to the
digestion process. Pasteurisation tanks are proposed where the food waste would
be pasteurised. A pump room is required to distribute products around the site and a
gas holder to store the biogas prior to it being utilised in the CHP (Combined Heat
and Power) units.
4.9
Sealed cylindrical digester tanks in which the main anaerobic digestion process
takes place are proposed on the site.
4.10
The proposed plant would be able to digest up to 45,000 tonnes of food waste per
annum, equivalent to 5.13 tonnes per hour. The plant would generate 8,500 tonnes
of biogas and 36,000 tonnes of bio-fertiliser each year. Approximately 1,600 tonnes
of waste packaging would be collected on site each year which would be taken away
for recycling or disposal in landfill.
4.11
The site would be open between 7.00am and 7.00pm on Mondays to
on Saturdays between7.00am and 1.00pm.
4.12
The bio-gas produced would be used as a fuel in a CHP unit to produce 1.5 -2.0
megawatts (MW) of renewable electricity which would be equivalent to the power
demand of about 3600 homes, which would be exported to the local electrical
distribution network.
Fridays and
The Anaerobic Digestion Process
4.13
Anaerobic Digestion (AD) is the biological treatment of biodegradable organic food
wastes in the absence of oxygen. The process allows microbial activity to break
down the waste in a sealed and controlled environment. The two main products
produced from the process are a nutrient-rich bio-fertiliser and ‘bio-gas’, which is rich
in methane and can be used to generate electricity and heat. During the process
most of the pathogens and odours are neutralised by pasteurisation.
4.14
This proposal is for a farm-based anaerobic digester which would be capable of
processing a range of food waste products that might otherwise be diverted to
landfill. Food waste could arise from out-of-date produce at supermarkets,
restaurants and businesses including liquid food waste such as drinks.
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The end product – the digestate
4.15
The end product of the AD process is a digestate which is turned into bio-fertiliser.
The bio-fertiliser is proposed to be used on the adjacent farmland as a soil enhancer
and enricher instead of the usual nitrates based fertiliser that is bought in.
4.16
Cylindrical tanks allowing for up to six months’ storage of the bio-fertiliser are
proposed at the site. This will allow the bio-fertiliser to be applied on the fields at the
most appropriate times in the crop-growing cycle.
4.17
The digestate would be pumped to the surrounding farmland from where farm
machinery would be able to connect up to allow spraying to take place.
5.
5.1
5.2
Consultations
North Herts District Council does not object to the application but makes the
following comments.

Concern over siting of the buildings and nature of the proposed plant as the
landscape in this part of the District is open alongside the A505 and will be
highly prominent.

The proposed measures designed to mitigate this prominence, i.e bunding
may only accentuate the presence of the development

Careful attention should be paid to the colour of the proposed buildings as
this could have a significant bearing on the visual impact of the scheme in
the countryside

NHDC requests that daily HGV movements are strictly controlled so that
they do not exceed stated numbers. There is concern that north bound HGV
traffic may attempt to cross the A505 before the Royston roundabout and
that doing so would present a significant danger to highway safety.

NHCD requests that the CC explore further the possibility of requiring the
application site to be accessed via the existing A505 underpass rather than
requiring north-bound traffic to travel to Royston before turning.

Conditions should be imposed to prevent HGV traffic from using short cuts
through Baldock or surrounding villages.

Issues of noise and odour should be considered very carefully to ensure
there is no adverse impact on local residential properties. Conditions should
be considered regarding odour and hours.
Hertfordshire Biological Records Centre has not raised
They have made recommendations in relations to the following;
any
objections.
5.2.1 Reptiles - if development is delayed for more than 12 months then the site should
be surveyed again for reptiles.
5.2.2 Breeding Birds – the bird breeding season is 1st March – 31st August and Corn
Buntings nest late (June onwards) and it is possible with second broods that birds
could be present during early September.
5.2.3 The existing A505 road verges are remnant calcareous grassland of county
importance (Wildlife Site status). If any part of the Wildlife Site road verge is to be
CM0927 Bygrave Lodge farm
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lost to the development, it must be translocated to a safe location.
5.2.4 The bunds should be sown with the ‘Baldock bypass calcareous grassland seed
mix’. Once established, the banks will have to be managed by cutting in the Autumn
or Winter; grazing is not an option.
5.2.5 Tree and Shrub planting – the proposed tree and shrub planting does not fit with the
local historic landscape, would prefer a scrubland mixture
5.2.6 Balancing Pond – agree with the proposed balancing pond and aquatic and marginal
plant species shown.
5.2.7 Farmland birds – skylark and Corn Bunting
5.2.8 Arable plants – the light chalky soils of north Hertfordshire are historically important
for rare arable plants and therefore as an alternative to growing an arable crop at the
bottom of the bund, we recommend a 2 metre wide arable margin is created and
maintained for rare arable plants.
5.3
Natural England in its original response objected to the proposed development but
has now withdrawn its objection following the submission of further information from
the applicant relating to the predicted process contribution to nitrogen deposition at
the nearest part of the Therfield heath SSSI which is downwind of the proposed
facility under prevailing wind conditions.
5.3.1 After careful consideration of the additional information and all available evidence
that has been submitted Natural England withdraws its objection to the proposed
development.
5.4
Hertfordshire County Council as Highway Authority does not wish to restrict the
granting of planning permission subject to the imposition of conditions restricting the
number of daily HGV movements to 50 (25 in and 25 out) on any one working day
and requiring the proposed junction improvements to be constructed in accordance
with the approved details before the development is brought into use. In addition, all
HGV traffic leaving the site would be required to leave the site and go onto the A505
southwest bound carriageway towards Baldock.
5.5
The Environment Agency has advised that the proposal would only be acceptable if
conditions are imposed requiring the development to be carried out in accordance
with a surface water drainage scheme based on sustainable drainage principles as
outlined in the Flood Risk Assessment and in accordance with a scheme for the
assessment of the hydrological and hydro geological context of the development. In
addition, if, during development contamination not previously identified is found to be
present at the site then a remediation strategy detailing how the contamination
would be dealt with would need to be submitted. No infiltration of surface water
drainage into the ground is permitted other than with the consent of the Local
Planning Authority which may be given for those parts of the site where it has been
demonstrated that there is no resultant unacceptable risk to controlled waters.
5.5.1 The site lies within a Nitrate Vulnerable Zone and the underlying chalk aquifer is
highly permeable with the ability to rapidly flush nitrates to the water table via its
fractures. To avoid excessive leaching of nitrate outside Nitrate Vulnerable Zones
we encourage farmers and other operators to ensure that the rate of application of
manure and slurry, sewage sludge and controlled waste does not exceed the
nutrient requirement of the crop.
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5.6
Hertfordshire County Council Landscape Advice advises that the key landscape
impacts of the proposed development will be that it will be visible from much of the
surrounding landscape, standing at a maximum height of 19m above the ground
level, but this will be reduced over time through the use of bunding and proposed
woodland planting and in 15 years time the bottom 10m of the development would
be screened by woodland planting.
5.6.1 The conclusions of the LVIA are agreed with in that the proposed site selection is
more favourable, in terms of minimising the effect on landscape character and visual
amenity, than the chosen comparator site which would have a considerably greater
impact both visually and on the landscape character. Although the proposal would
result in loss of Green Belt land, the impact on visual amenity of the comparator site
would be greater.
5.7
Hertfordshire County Council Historic Environment Unit has recommended that
further archaeological investigations be carried out and that these works could be
secured by planning condition.
5.7.1 The site lies within a landscape of prehistoric, Roman and medieval archaeological
remains. The site is also approximately 200m south of a Scheduled Monument (two
prehistoric bowl barrows).An archaeological desk based assessment has concluded
that the site has a high potential for containing archaeological remains from the
prehistoric, Roman, post medieval and modern periods and moderate potential for
the medieval period.
5.7.2 The proposed development is likely to have an impact on heritage assets and
therefore all groundworks will need to be archaeologically monitored together with a
contingency for the rapid archaeological investigation of any remains encountered
during the monitoring programme as well as the analysis of the results of the
archaeological work and the production of a report.
5.7.3 Conditions would need to be attached to an approval requiring a written scheme of
investigation with an assessment of significance and research questions and the
development must not be used until the site investigation and post investigation
assessment has been completed.
5.8
5.9
A total of 160 properties were consulted on the application and 13 letters objecting to
the application were received. The issues of concern can be summarised as:

HGV traffic in locality, highway safety issues;

Visual amenity affected in rural location;

Green Belt, effect on openness;

Odour issues;

Plant should be located on an industrial estate.
Publicity for the application included a press notice in The Comet (dated
17th February 2011) and a site notice which was put up on 7th March 2011.
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6.
Planning considerations
6.1
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires
proposals to be determined in accordance with the development plan unless
material considerations indicate otherwise.
6.2
For the purposes of s38(6) the development plan comprises the Hertfordshire Waste
Plan (1999), the North Herts Local Plan and the East of England Plan (2007).
6.3
The following development plan policies are most relevant to the consideration of
this application
6.4
The relevant development plan policies are:
National Policy
Planning Policy Statement (PPS) 1: Delivering Sustainable Development (and its
supplement, Planning and Climate Change);
Planning Policy Guidance (PPG) 2: Green Belts;
PPS9: Biodiversity and Geological Conservation
PPS10: Planning and Sustainable Waste Management;
PPS22: Renewable Energy;
PPS23: Planning and Pollution Control;
Hertfordshire Waste Local Plan, adopted 1999
WP 1 Sustainable development;
WP2 Need
WP12 Areas of search
WP13 Criteria for waste facilities outside areas of search
WP15 Anaerobic Digestion
WP16 Green belt;
WP19 Waste to Energy
WP 33 Landscape intrusion;
WP 34 Impact on landscape features;
WP35 Nature Conservation
WP 37 Archaeology;
WP38 Agricultural Land
WP39 Rights of Way
WP40 Noise
WP 43 Traffic
North Herts Local Plan No.2 with Alterations originally adopted April 1996
North Herts Local Plan Policy 2 Green Belt
North Herts Local Plan Policy 3 Settlements within the Green belt
North Herts Local Plan Policy 6 Rural Areas beyond the Green Belt
North Herts Local Plan Policy 14 Nature Conservation
North Herts Local Plan Policy 36 Employment provision
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6.5
The principal issues to be taken into account in determining this application are:

Renewable energy from waste

Green Belt and very special circumstances

visual/landscape impact,

highways impact,

ecology,

odour/air quality,

other environmental effects, archaeology, drainage
Renewable energy
6.6
PPS22 and its companion guide advises on national objectives with regards to
renewable energy. The aim is to achieve reductions in emission levels and in carbon
dioxide levels by increasing the proportion of energy created from renewable
sources. UK targets require an increased proportion of electricity to be provided by
renewable sources with 20% to be provided by 2020.
6.7
PPS22 states that increased development of renewable energy sources is
necessary to meet the UK’s commitments to climate change and renewable energy.
Further advice in the Companion Guide advises that the Government expects each
Local Authority to contribute to meeting these targets and they have an important
role to play for planning authorities in the implementation of appropriate renewable
energy schemes and in achieving real progress towards national and regional
targets.
6.8
PPS1 supplement (climate change) provides a number of principles which LPAs
should follow. New developments should make good use of opportunities for
renewable/low carbon energy and says that planning applications for proposals
which could contribute to these principles should be dealt with in a sympathetic and
expeditious manner. It is therefore within this context that this proposal should be
considered.
6.9
The East of England Plan sets out targets for the production of electricity from
renewable sources. Policy ENG 2 states that by 2010, 10% of the region’s electricity
consumption should be met from renewable on-shore sources and that the
development of new facilities for renewable power generation should be supported.
6.10
This AD plant would produce bio-gas which would be drawn off to fuel on-site
Combined Heat and Power (CHP) generators. The biogas comprises methane and
carbon dioxide, both of which are greenhouse gases and potentially contribute to
global warming. If food waste is sent to landfill and allowed to decay then these
gases would be emitted direct to the atmosphere. All of the food waste sent to this
proposed AD plant would be converted into bio-fertiliser (effectively recycled) for use
on adjacent arable land instead of nitrates based fertiliser which would be in addition
to the production of renewable electricity.
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6.11
Approximately 95% of the electricity generated from the plant would be sent to the
local electricity distribution network and would therefore contribute to the County’s
renewable energy generation targets. The CHP engines would also produce a
significant amount of heat which would be used at the plant to pasteurise the biofertiliser and to keep the plant at a constant temperature making the process selfsustaining. About 5% of the electricity produced would be re-used in the operation of
the plant, meaning a nil requirement for importation of energy to the site from the
national grid. The remaining 95% would be sent to the local electricity distribution
network.
6.12
The amount of electricity generated by the plant is estimated to be likely to be
between 1.5MW to 2MW which equates to meeting the needs of 3,600 average
homes per year.
6.13
Currently the use of waste as a resource (e.g. for fuel) is being encouraged but
greater emphasis is being placed on the prevention and recycling of waste, whilst
protecting human health and the environment. A new waste hierarchy has recently
been produced which differs from the existing hierarchy in how it defines re-use of
materials and in how it distinguishes between recycling and other recovery. This AD
proposal would combine two of the levels shown in the new waste hierarchy,
resulting in a combination of recycling and other recovery.
Fig.1 : The NEW waste hierarchy
6.14
- bottom word is “Disposal”
These levels are above disposal to landfill and as the proposed feedstock to be used
in the AD would currently be sent to landfill, the proposal represents a shift up the
waste hierarchy and is therefore in accordance with national waste policy.
Green Belt
6.15
The application site is located within the Green Belt although it is adjacent to the
boundary with open countryside. PPG2 provides guidance on appropriate and
inappropriate uses within the Green Belt. It states that built development in the
Green Belt is inappropriate development unless in specific categories. The proposal
does not fall into the categories of development which are listed as appropriate
development and therefore the proposal is by definition inappropriate development
for which very special circumstances must be demonstrated.
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6.16
The applicant has put forward very special circumstances for the development as
follows;
 operational requirements of the plant require a supply of food waste,
 adequate road connections,
 a connection to the local electricity distribution network within a reasonable
distance of the site,
 and a site located so as to avoid any significant adverse effects to the
environment and local amenity that might otherwise cause normal operations
to be constrained, and
 the site needs to be of sufficient size to accommodate the operation and be
located adjacent to a large enough area of arable farmland suitable for and of
a sufficient size to accept a substantial proportion of the bio-fertiliser
produced.
6.17
The application site is located in a rural location set amongst a vast area of arable
farmland. The site has therefore been selected for its ability to meet the above
criteria as being adjacent to the A505, it has good road links to the towns of North
Hertfordshire with a readily available link to the electricity distribution network and is
of a suitable size being adjacent to sufficiently large areas of arable farmland upon
which the bio-fertiliser could be spread. The application site is not immediately
adjacent to residential properties and therefore impacts from the plant itself would be
negligible on residential amenity.
6.18
The proposed plant is intended to process both commercial and industrial
waste (C &I) and local authority kerbside-collected food waste, (if available). The
type of food waste would be a mix of packaged, un-packaged and liquid. Market size
for food waste within the catchment area has been assessed with total C & I
available market tonnage per annum being 63000 tonnes, which is in excess of the
total annual proposed throughput of the plant. The applicant states that they are in a
position to sign long term treatment contracts and that they expect these to be in
place before the plant would become operational.
6.19
In terms of relevant waste policy, PPS10 says that proposals should protect the
Green Belt but also recognises that some waste management facilities may have
particular locational needs and may provide wider environmental and economic
benefits related to sustainable waste management. These are material
considerations that should be given significant weight when determining whether
planning permission should be granted.
6.20
The proposed development constitutes inappropriate development which is by
definition harmful to the Green Belt. Policy 16 of the Hertfordshire Waste Plan states
that use of land in the green belt for the re-use, recovery, recycling and storage of
waste will not be permitted unless it would maintain openness and not conflict with
the purposes of including land in the green belt. It goes on to say that the
construction of new buildings in the Green Belt for such purposes will not be
permitted except in very special circumstances. National guidance also requires the
same very special circumstances to be demonstrated.
6.21
In locational terms, the proposed development site has been selected by the
applicant as it offers the optimum combination of advantages for the stated
requirements for the facility. PPS10 refers to the wider environmental and economic
benefits that may accrue from a development and in this proposal it is clear that in
environmental terms, the proposal would, by being located on the application site,
allow the application of a bio-fertiliser to a significant amount of farmland in the local
CM0927 Bygrave Lodge farm
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area obviating the need to import nitrogen, phosphate and potash.
6.22
In addition, the plant would produce ‘energy from waste’, contributing electricity
supply to the national grid, providing both clear environmental and economic
benefits to the local area in accordance with national and local policy.
6.23
In terms of effect on openness of the Green Belt, the proposal would be visible
within the open farmland setting, however the proposed location has been selected
as it exploits the natural terrain and offers potential for complementary landscape
and planting measures to contain views of the plant. Given the very special
circumstances put forward and referred to above, it is considered that the very
special circumstances put forward by the applicant clearly demonstrate that these
would outweigh any harm caused by the development and any other harm.
Landscape character and Visual Impact
6.24
A landscape character study and assessment of visual effects of the proposed
development has been submitted with the planning application. The study assessed
the condition of the landscape and judged the sensitivity and capacity of the
landscape. The visual assessment methodology identified all public and residential
viewpoints that would experience visual change as a result of the development and
assessed the significance of such visual change. Predicted effects were considered
at different times of the year and at different times during the life of the plant.
6.25
The landscape strategy for the proposed plant has resulted in the proposed
structures being located in a natural hollow in the landscape. The site is adjacent to
an existing transport corridor which would minimise the impact on the surrounding
landscape and views. The proposal would involve the use of excavated material to
provide asymmetric bunds up to 3 metres above surrounding finished levels, around
the perimeter of the built structures to provide screening of the lower structures.
6.26
It is proposed to use extensive tree and shrub planting on the bund in order to create
a woodland belt. The proposed planting would eventually screen some of the
buildings, estimated to be approximately to a height of 7.5metres after 15 years. An
area of rough grassland is proposed to be created on the slopes of the bund which
would provide seeds in the warmer months for skylark and corn bunting. The
shallower, lower slopes of the bund would be returned to agriculture, maximising the
operational farming area outside the development.
6.27
The arrangement and design of the group of buildings within the hollow has been
designed to minimise impact on the local landscape in that the built elements would
be aligned with the existing contours of the land thereby presenting a narrower view
from the adjacent A505. Within the large-scale distinctive rolling downland that the
application site would be set in, the selected location would be the least intrusive in
the local landscape.
6.28 A visual impact assessment has been undertaken from local viewpoints in the area
and the results were used in the assessment of the proposed location for the
development. It concluded that from certain close locations, whilst the development
is under construction and during the first year of operation, the new facility would be
clearly visible. The majority of local views assessed would be of medium-low
significance, but impact would significantly diminish after 15 years.
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6.29
Landscape mitigation measures have been put forward by the applicant and the
submitted landscape assessment shows that providing the landscape mitigation
proposals are implemented and appropriately maintained, the proposed
development can be accommodated at the application site with no significant
residual landscape impacts after 15 years. Another site in the locality was
considered as a potential location for the plant but having considered this in the
context of landscape assessment it has been discounted due to its higher elevation
and therefore reduced opportunity for mitigation compared to the proposed site.
6.30
It is considered that although the proposal would result in some significant alteration
to the landscape and visual amenity in the local area, that the proposal would be
acceptable and with the mitigation measures proposed it would comply with policy
relating to landscape intrusion.
Ecology
6.31
The application site has been surveyed for ecology issues, which includes a nesting
bird survey, a reptile presence/absence survey, habitats and plants, mammals and
invertebrates. With regard to protected species such as bats, brown hare, badger,
great crested newts and wild birds the area has been fully assessed. In terms of
nesting birds, certain impact avoidance measures have been put forward which
should reduce any risk and would ensure the maintenance of habitats for species as
well as enhancing the site for the benefit of local wildlife.
6.32
It is considered likely that following the development, the area may result in an
overall higher quality habitat for local bird species and therefore following the
completion of the development there would be a moderate positive impact of local
wildlife.
Highways
6.33
The site is situated adjacent to the A505 main trunk road between Baldock and
Royston and a farm access track. The proposed plant would be located in a rural
area with scattered small villages and hamlets in the vicinity. The application
proposes a maximum of 50 HGV movements per day (25 in and 25 out).
6.34
Vehicles travelling southbound (from Royston to Baldock) will be able to access the
site using an existing southbound diverge lane off the A505. Vehicles exiting the site
will re-join the A505 via the southbound merge onto the A505 to travel in the
direction of Baldock. There is an existing narrow underpass underneath the A505
linking to the farm track. It is possible that vehicles leaving the site could use this to
exit the site and access the A505 to travel northwards towards Royston, however, it
is unlikely that larger HGV’s would be physically able to do that. Therefore HGV
traffic leaving the site and intending to travel northwards would first exit the site via
the southbound merge travelling to the first roundabout just before Baldock, before
then accessing the northbound carriageway of the A505 to travel in a northerly
direction.
6.35
Highway improvements have been proposed to the A505 southbound merge/diverge
to lengthen both merge and diverge lanes in line with standards. Hertfordshire
County Council as Highway Authority propose that a condition be attached if
planning permission is granted requiring these junction improvements to be
constructed before the plant is brought into use. Subject to the proposed
CM0927 Bygrave Lodge farm
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improvements no objection is raised on highway grounds.
6.36
A number of local residents have expressed concerns that the proposed plant will
lead to a significant increase in the number of HGV’s using local roads in the area.
However, as described above, one of the reasons the proposed location was
selected, was for its transport links adjacent to a main trunk road. The routes to be
taken by the vehicles arriving and leaving from the site have been described above
and there is no reason to expect HGV traffic to depart from the A505 in the near
vicinity of the site. The proposal is therefore considered to be acceptable from a
highway point of view with a relatively minimal traffic flow arriving and leaving the
site in relation to the overall daily traffic flows on the A505. The proposal therefore
complies with policy in relation to traffic. There would therefore be no significant
impact from traffic in connection with the development on residential amenity in the
local area.
Odour/ Air quality
6.37
Odour sources are distinguished according to whether the potential odours are
associated with the feedstock, the process itself, or the digestate. The main AD
process operates in a closed system with very limited potential for odours to escape.
6.38
The feedstock arriving at the plant has the potential to give rise to odour emissions if
it is not handled correctly. All vehicles entering the site would be directed into the
reception building prior to unloading. The unloading and movement of the waste will
give rise to odorous emissions but the systems proposed are enclosed in a sealed
building which would be maintained under negative pressure to reduce the incidence
of odour emissions. All air extracted from the building passes through an odour
abatement biofilter system which means that any significant odour impact will not be
caused.
6.39
The bio gas used to power the CHP plant may be odorous if it was allowed to vent
directly to the atmosphere, but is fed straight to the CHP.
6.40
Once the digestate has been produced, the final screening of this end product could
give rise to odorous emissions but it is intended that at the application site, that the
transfer of digestate would be via a network of enclosed pipes which will prevent
escape of odour. The digestate will be transported to a sealed buffer storage tank by
pipe, thereby eliminating the possibility of odour emission.
6.41
Once the process is established at the site it is the applicants’ intention to apply for
accreditation under the relevant standard PAS110 which requires the following to be
demonstrated to an acceptable level; a quality management system, input of type of
materials, management of the process, pasteurisation of the product and monitoring
of the process.
6.42
Once PAS110 accreditation has been granted, then odour control will have been
achieved to an acceptable standard. The applicant intends to operate the plant to
the highest possible standards of operating efficiency, as in doing so, this will
determine the yield obtained from the process in the form of electrical generating
capacity. It is therefore considered that there would be no significant adverse effect
on occupants of surrounding residential properties.
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Archaeology
6.43
The site lies within a landscape of prehistoric, Roman and medieval archaeological
remains and is approximately 200m south of a Scheduled Monument (two
prehistoric bowl barrows).An archaeological desk based assessment has concluded
that the site has a high potential for containing archaeological remains from the
prehistoric, Roman, post medieval and modern periods and moderate potential for
the medieval period.
6.44
The proposed development would be likely to have an impact on heritage assets
and therefore all groundworks would need to be archaeologically monitored together
with a contingency for the rapid archaeological investigation of any remains
encountered during the monitoring programme as well as the analysis of the results
of the archaeological work and the production of a report. Conditions would need to
be attached to reflect this.
Surface Water Drainage/flood risk
6.45
7.
A flood risk assessment was submitted with the planning application. The
Environment Agency has commented that the proposal would be acceptable subject
to the development being carried out in accordance with the flood risk assessment
and in accordance with a surface water drainage scheme to be submitted and
approved.
Conclusions
7.1
The proposed AD facility, to include the construction of a group of new buildings and
tanks would constitute inappropriate development within the Green Belt. However, it
is considered that the applicant has demonstrated that there are very special
circumstances which would outweigh the harm to the Green Belt and any other
harm.
7.2
There would be some impact on the openness of the Green Belt and on visual
amenity in the locality as the site is set within open countryside. However, its
location has been selected to be sited in a dip contained by natural terrain and the
plant is proposed to be screened by bunding and landscaping. The proposal is
therefore considered to be appropriately sited in a rural area, substantially away
from residential properties yet located next to an adjacent main transport link and the
majority of the end product of the AD process would be used on surrounding arable
farmland.
7.3
In addition, the proposal can be seen to be in line with national and local waste
policy as it would fit within the waste hierarchy above disposal, thereby producing
renewable energy and a recycled product from the feedstock which can be used on
local farmland instead of buying in a nitrate based product. The proposal would be a
sustainable low carbon development that would contribute to renewable energy, and
as such is encouraged. Any impact on the surrounding area is considered to be not
significant enough to outweigh the benefits of the proposed development and as
such the proposal complies with development plan policy.
CM0927 Bygrave Lodge farm
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7.4
It is therefore recommended that, subject to the application being referred to the
Secretary of State as a departure application within the Green Belt and him not
wishing to call the application in for a decision, the Director Environment and
Commercial Services be authorised to grant planning permission subject to
conditions to include:
a) Time limit for commencemnt of development
b) Permitted plans
c) Hours of operation
d) Car parking on site
e) Maximum throughput per year of waste
f) Limit on daily HGV movements
g) Highway improvements
h) Odour management
i) Details of electrical connection
j) Details of design and materials
k) Lighting
l) Landscaping scheme
m) Landscape implementation/maintenance
n) Archaeology
o) Ecological management plan
8.
Financial Implications
8.1
Planning applications should be determined on the basis of material planning
considerations, and not on the basis of their financial implications for the County
Council. However, it is a requirement of the County Council to advise all
Committees and Sub-Committees of the financial implications that may arise from a
decision of the Committee.
8.2
If a planning application is refused, is determined differently than applied for or is not
determined within a specific period, the applicant has a right of appeal. Any appeal
would result in additional costs, which in part can be met from existing budget
provisions. However, a major public inquiry may give rise to significant costs for
which there is no specific budget provision. If the County Council refuses an
application without reasonable planning grounds on which to base its decision, it
may be liable to pay the costs of the applicant in contesting the appeal.
Background information used by the author in compiling this report
Consultee responses
Relevant policy documents
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APPENDIX 2 – REPORT TO DEVELOPMENT CONTROL COMMITTEE 19
JUNE 2012
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 19 JUNE 2012 AT 10.00 AM
DISTRICT: NORTH HERTS
PROPOSED CHANGE FROM LEGAL AGREEMENT TO PLANNING
CONDITION FOR USE OF DIGESTATE IN RELATION TO:
APPLICATION FOR A PROPOSED FARM BASED ANAEROBIC DIGESTION
(AD) PLANT, FOR THE DIGESTION OF FOOD CHAIN WASTE TO PRODUCE
BIO-FERTILISER AND BIOGAS FOR USE IN ON-SITE HEAT AND POWER
GENERATION AND TO PRODUCE 1.5 – 2.0 MEGAWATTS OF RENEWABLE
ELECTRICITY FOR EXPORTATION TO THE LOCAL DISTRIBUTION
NETWORK, ERECTION OF A WASTE RECEPTION BUILDING, DIGESTER
AND STORAGE TANKS, LANDSCAPE AND PLANTING WORKS AND
UPGRADING OF AN EXISTING FARM ACCESS FROM THE A505 ON LAND
AT BYGRAVE LODGE FARM, NR BALDOCK, HERTFORDSHIRE
Report of the Chief Executive and Director Environment
Author: Felicity Hart
Tel: 01992 556256
Local Member: Councillor Tony Hunter
1.
1.1
2.
Purpose of Report
This is a report to consider whether a legal agreement or planning condition is
required to determine and control the spread of digestate (bio-fertiliser) produced as
a result of the AD process proposed as part of planning application ref. 11-00333/1
CM0927 for the erection of a farm based anaerobic digestion (AD) plant. The plant is
intended to be used for the digestion of food chain waste to produce bio-fertiliser and
biogas leading to the production of renewable electricity for distribution to the local
distribution network.
Summary
2.1
Application 11-00333/1 CM0927 was reported to Development Control Committee in
May 2011 when it was resolved to grant planning permission subject to a legal
agreement to cover the use of the bio-fertiliser on adjacent farmland. The application
was for an Anaerobic Digestion (AD) plant, to be located in a rural location in the
Green Belt adjacent to the A505, 3 km north of Baldock. The application site
comprises 4.4ha of agricultural land and the plant would comprise a collection of
buildings and tanks, surrounded by a landscaped bunded area.
2.2
The primary purpose of the AD plant is to produce energy from waste. It is proposed
CM0927 Bygrave Lodge farm
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that up to 45,000 tonnes of food waste would be brought to the plant each year,
which would then be taken through an anaerobic digestion process allowing the
extraction of bio-gas which would be converted into electricity via a Combined Heat
and Power (CHP) generator. The electricity produced would then be fed straight into
the national grid. Between 1.5 and 2.0MW of electricity is anticipated to be produced
by the plant, equivalent to the power demand of about 3,600 homes. The plant itself
would be self-sufficient in terms of energy and heat through the production of its own
electricity.
2.3
A by-product produced at the end of the process would be a liquid digestate which
would be stored in tanks on site and then piped to surrounding farmland as required
to be used as a bio-fertiliser on crops. It is expected that 36,000 tonnes of biofertiliser would be produced annually which would satisfy the demands of 914ha of
arable farmland in the local area reducing the need to import nitrogen, phosphate
and potash.
2.4
The site was selected by the applicant as the proposal is for a farm-based anaerobic
digestion plant. Food waste from both commercial and industrial (C&I) and local
authority kerbside-collected (if available) would arrive at the plant by lorry with direct
access to the A505. The applicant made an assessment of the local area in terms of
food waste sources and concluded that the application site meets the required
locational criteria. In addition the site would have a connection to the local electricity
distribution network.
2.5
The site is in the Green Belt and will be quite visually prominent. The previous report
considered that the proposed location offers the optimum combination of operational
and environmental advantages for the AD plant and that very special circumstances
had been put forward by the applicant to justify the proposed development in the
Green Belt which include the proposal being a farm-based operation, site
accessibility and superior site characteristics over alternatives outside the Green
Belt.
2.6
The proposal would involve constructing a group of buildings and tanks, the largest
of which would be a waste reception building 13 metres high x 31 metres wide x 46
metres long. The proposed hours of operation would be 0700-1900 Monday to
Friday and 0700-1300 on Saturdays. It is proposed that there would be 50 daily HGV
movements to the site (25 in and 25 out). It is proposed that 8 people would be
employed as a result of this development.
3.
Conclusion
3.1
Development Control Committee in May 2011 considered that although the
proposed development constitutes inappropropriate development in the Green Belt,
very special circumstances had been put forward by the applicant to clearly
demonstrate that these would outweigh any harm caused by the development and
any other harm.
3.2
It was also considered that the proposal would help meet national and regional
objectives for renewable energy production and would generate energy from waste
along with recycling waste to produce digestate (a bio-fertiliser), providing a
sustainable waste management facility in the waste stream.
3.3
It was resolved to grant planning permission subject to the application being referred
to the Secretary for State as a departure application within the Green Belt and him
CM0927 Bygrave Lodge farm
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not wishing to call the application in for a decision, and subject to a Legal
Agreement to cover use of the bio-fertiliser over adjoining farmland. Following
discussions with the applicant and the further submission of details in relation to the
spreading of the digestate, it is now considered that this issue can be covered
satisfactorily by the addition of a further condition. The extra condition will require
that at least 70% of the digestate is applied to land within a 5 mile radius of the AD
plant. The following conditions are now proposed:
1 Time limit for commencement of development
2 Permitted plans
3 Digestate to be spread in local area
4
Hours of operation
5
Car parking on site
6
Maximum throughput per year of waste
7
Limit on daily HGV movements
8
Highway improvements
9
Odour management
10
Details of electrical connection
11
Details of design and materials
12
Lighting
13
Landscaping scheme
14
Landscape implementation/maintenance
15
Archaeology
16
Ecological management plan
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