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FLINTSHIRE COUNTY COUNCIL
CYNGOR SIR Y FFLINT
Environment Directorate
County Hall, Mold
Flintshire. CH7 6NF
Cyfarwyddiaeth yr Amgylchedd
Neuadd y Sir, Yr Wyddgrugg
Sir y Fflint. CH7 6NF
CERTIFICATE OF DECISION
Application Ref: 051485
TOWN AND COUNTRY PLANNING ACT, 1990 (as amended)
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT MANAGEMENT PROCEDURE) (WALES) ORDER, 2012
AGENT
Enzygo Limited
The Granary
Woodend Lane
Cranhall
Glos
GL12 8AA
APPLICANT
GDZ Suez Shotton Limited
In pursuance of their powers under the above Acts and Order the County Council as Local
Planning Authority PERMITS:
PROPOSAL: Approval of Restoration Scheme pursuant to Condition no.50
(restoration works) attached to Deemed Planning Permission ref: 97/390 (26890)
LOCATION: Deeside Industrial Park, Shotton
In accordance with the particulars and plans comprising your application received by the
Local Planning Authority subject to the following.
1. The submitted scheme, plans and documentation submitted pursuant to Condition 50
of deemed planning permission Reference 97/390 satisfy the requirements of that
Condition and are hereby approved. The site shall be restored in full in accordance with
the approved plans and documentation which are as follows:
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Revised Restoration Scheme written by Enzygo for GDF Suez Shotton Limited
Reference: CRM.002.004.R.001A dated November 2013, received by the Local
Planning Authority on 7 November 2013
Email from Tom Bland; Enzygo dated 27 February 2014 amending paragraph 3.4.2
of the Revised Restoration Scheme to include the point that the site drainage sump
will be retained and will be back filled with single size gravel (20mm)
Email Tom Bland; Enzygo dated 28 February 2014 amending paragraph 3.4.2 of
the Revised Restoration Scheme confirming that the outlets/inlets of the drainage
sump will be covered to prevent any blockages caused by the gravel and the
pumping equipment of the will be removed.
Site Boundary: Figure No.1, dated Jan 2013, received by the Local Planning
Authority on 6 November 2013
Proposed Site Layout: Figure No.2, dated March 2014, received by the Local
Planning Authority on 3 March 2014.
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Indicative Cross Section of Pile Removal; Figure No.3, dated Feb 2013, received by
the Local Planning Authority on 6 November 2013
Layout of Piles; Drawing No. 20250/Z/031, received by the Local Planning Authority
on 6 November 2013
2. The Restoration scheme shall be implemented in full, as approved and in accordance
with the approved plans.
NOTES TO APPLICANTS/ INFORMATIVES
Approved Plans
You are reminded that the site restoration must be carried out strictly in accordance with
the above specified plans and the approved schemes referred to in this certificate of
decision. Whilst the submitted scheme satisfies the requirements of Condition 50 of the
deemed planning permission, works proposed may not satisfy the requirements of the
land owner. If any amendments are proposed, you should NOT proceed without first
obtaining the written approval of the Local Planning Authority.
Any development carried out without compliance with the plans and particulars forming
this permission, or without full compliance with the details of this permission, is entirely at
the owners/developers risk and will not prejudice the Local Planning Authority in respect of
any decision it may make to take formal enforcement action.
Timescales
The Local Planning Authority shall be notified, in writing of the timescales of the phasing of
the restoration as per paragraph 3.11 of the approved Revised Restoration Scheme,
written by Enzygo for GDF Suez Shotton Limited Reference: CRM.002.004.R.001A dated
November 2013, received by the Local Planning Authority on 7 November 2013.
In any event, Restoration shall be fully completed no later than 30 June 2015.
Within 14 days of the completion of the restoration, the Local Planning Authority should be
informed and shall inspect the site to ensure that the site has been restored in accordance
with the approved plans.
Contamination
Should any contamination be encountered or suspected during the course of these
restoration works hereby approved you should contact the appropriate contaminated land
officer at Flintshire County Council who can be contacted on 01352 703400.
If the berms (constructed from materials present on site during the construction phase of
the existing facility) are to be disturbed, samples of the material should be collected and
analysed to determine whether or not they contain asbestos. If asbestos is found in the
samples, an appropriate health and safety and management plan should be submitted to
Flintshire County Council.
The removal of all pile foundations shall be to a depth of at least 2 metres below existing
ground level and backfilled with suitable engineering fill material to existing ground level as
illustrated in approved plan Indicative Cross Section of Pile Removal; Figure No.3, dated
Feb 2013, received by the Local Planning Authority on 6 November 2013
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Environmental Permitting Regulations
The site is currently permitted by Natural Resources Wales for the activity of fossil fuel
combustion for energy production. As Gas de France Suez proposes to decommission
the power station, they are required to surrender the Environmental Permit for this activity.
As part of this process, additional information on the decommissioning of the heavy fuel oil
storage on site and plan if they encounter any contamination will be required as part of the
forthcoming permit surrender process.
Additional Regulation
The Flintshire County Council Environmental Health Officer (or the appropriate Local
Authority) should be contacted regarding the authorisation of crushing and screening plant
under Part B under the Environmental Permitting Regulations (England and Wales) 2010.
Highways
The operator is advised to notify and engage with the relevant bodies and stakeholders in
relation to the transportation of abnormal loads.
Lease requirements
Additional works or site clearance maybe required by the landowner as part of any
conditional requirements of the lease and its surrender. However, should this be the case
further approval should be sought from the Local Planning Department to ensure that the
site is restored to a satisfactory condition and does not deviate from the approved
scheme.
Dated: 20th March 2014
Signed: ………………………………………………
Head of Planning
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STATUTORY PROVISIONS & NOTES
APPEALS TO THE WELSH GOVERNMENT
1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse
permission of approval for the proposed development, or to grant permission or approval
subject to conditions, he may by notice served within six months of receipt of this notice,
appeal to the Welsh Government in accordance with Section 78 of the Town and Country
Planning Act, 1990. The Welsh Government has power to allow a longer period for the
giving of notice of appeal, but will not normally be prepared to exercise this power unless
there are special circumstances which excuse the delay in giving notice of appeal. The
Welsh Government is not required to entertain an appeal if it appears that permission for
the proposed development could not have been granted by the Local Planning Authority,
or could not have been granted otherwise than subject to conditions imposed by them
having regard to the statutory requirements of Section 79(6) of the Town and Country
Planning Act, 1990, namely Sections 70(1), (2) and (3), and 72(1) of the Act, and to the
provisions of the development order, and to any directions given under the order.
2. Notice of Appeal should be given on the prescribed form, obtainable from the Welsh
Government, Planning Inspectorate, Crown Buildings, Cathays Park, Cardiff. CF10 3NQ
(Tel: 02920 825670 – Fax: 02920 825150).
3. Should the appellant wish the Welsh Government to appoint a Welsh speaking
Inspector to hear any appeal against the Local Planning Authority’s decision, such a
request should be made to the Welsh Government when Notice of Appeal is forwarded to
that office at the address given above.
Purchase Notices
4. If permission to develop land is refused or granted subject to conditions whether by the
Local Planning Authority or by the Welsh Government, and the new owner of the land
claims that the land has become incapable of reasonably beneficial use in its existing state
and cannot be rendered capable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted he may serve on the Council a
purchase notice requiring the Council to purchase his interest in the land in accordance
with the provisions of Part V1 of the Town and Country Planning Act, 1990.
Compensation
5. In certain circumstances, a claim may be made against the Local Planning Authority for
compensation, where permission is refused or granted subject to conditions by the Welsh
Government on appeal or on a reference of the application to them. The circumstances in
which such compensation is payable are set out in Section 115 of the Town and Country
Planning Act, 1990.
General
6. The enclosed decision relates to planning control only and does not cover any other
statutory provisions for which consent may be required from the appropriate authority.