HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 9 NOVEMBER 2004, AT 10.00 A.M.
Agenda No.
2
NORTH HERTFORDSHIRE DISTRICT
APPLICATION FOR THE CONSTRUCTION AND OPERATION OF AN
ENVIRONMENTAL MANAGEMENT COMPOUND FOR A LANDFILL GAS
UTILISATION SYSTEM AT NORTH HERTS LANDFILL SITE, NR HITCHIN,
HERTFORDSHIRE
Report of the Director of Environment
Author:-
Richard Greaves, tel: 01992 556225
Local Member:-
N Brook
1.
Purpose of Report
1.1
To consider planning application ref. 1/0779-04 for the construction and
operation of an Environmental Management Compound for a landfill gas
utilisation facility at North Herts Landfill Site, Nr Hitchin, Hertfordshire.
2.
Summary
2.1
The application seeks planning permission to install an environmental
management compound containing two landfill gas flares, two generators, an
electricity sub-station, ancillary pipework and plant at North Herts Landfill Site
(formerly Holwell Quarry) near Hitchin, Hertfordshire.
2.2
The proposed facility would extract landfill gas (methane) from the existing
operational landfill site and convert the gas into electricity to be then supplied
to the local electricity network. The plant would remain operational on a 24hour basis for an estimated 30-year life span. The proposal has resulted in an
objection from Holwell Parish Council primarily in respect of the potential
noise from the site.
2.6
The main issues for consideration of the application are: the sustainable benefits of the proposal by reducing greenhouse emissions
to the atmosphere and utilising a renewable energy source, balanced
against any other impacts of the proposal, including:
 the landscape and visual amenity implications of the proposal;
 the potential impact on surface water and groundwater resources;
 the noise and safety impact.
106737860 1/0779-04 (021)
1
3.
Conclusion
3.1
It is considered that the potential environmental impacts from the proposed
development namely, visual intrusion, effect on surface and groundwater,
noise, traffic and gaseous emissions would not be significant. The provision
of a landfill gas utilisation plant at the site would have the positive
environmental benefit of converting methane, which is a potent greenhouse
gas, to less harmful carbon dioxide, reducing the escape of odour and
providing electricity from a non fossil fuel source, therefore reducing overall
fossil fuel consumption. The proposed development is considered compatible
with national planning policy as well as meeting the aims of Policies 1 and 55
of the Structure Plan and Policies 1 and 22 and 40 of the Waste Local Plan.
3.2
It is therefore concluded that, subject to the imposition of appropriately worded
conditions to cover, amongst other matters, timescale, removal of permitted
development rights, hours of operation (construction), security, landscaping,
site foundation stability to prevent differential settlement, floodlighting, noise,
groundwater protection and restoration, the proposal satisfies the policies
contained within the development plan and that, accordingly, planning
permission should be granted.
106737860 1/0779-04 (021)
2
1.
Description of the site and proposed development
1.1
The application seeks planning permission to install an environmental
management compound containing two landfill gas flares, two generators, an
electricity sub-station, ancillary pipework and plant at North Herts Landfill Site
(formerly Holwell Quarry) near Hitchin, Hertfordshire.
1.2
North Herts Landfill site is located 3.5km to the north of Hitchin and 750
metres due south of Holwell Village.
The village of Pirton lies to
approximately 1.5km the west of the landfill site and Ickleford village is located
to the south east. The immediate surrounds of the site are mainly rural in
character with isolated settlements.
1.3
Planning permission 1/0002-97 was granted by the County Council on 18
December 1998. The permission allows extraction and infilling to enable the
restoration of the former Holwell Quarry. The applicant, Biffa Waste Services
Ltd, began development works at the quarry in early 1999, with the
engineering of the first of three phases. The first phase of infilling has been
completed and was restored during the summer of 2002. Infilling commenced
in Phase 2 during 2002 and late summer 2003, Phase 3, the final phase, was
engineered for the receipt of waste.
1.4
The application site measures 0.15 hectares and is located to the north east
of the operational area of the landfill site. The proposed location of the
environmental management compound is approximately 1 km north west of
the outskirts of Ickleford and approximately 1 km to the south of Holwell. The
site lies in a predominantly rural area with relatively flat agricultural land
surrounding the site. Prior to excavation of the landfill void, the site itself
formed a ridge and a local highpoint. The nearest properties to the north west
are Glebe Lodge and 1 Primrose Hill Cottage approximately 600m from the
application site. Approximately 700m to the east of the site is Pound Farm.
1.5
The landfill lies within the catchment of the River Hiz, located 1.9km to the
east of the site. The site and surrounding land fall away to the east, and
surface water joins a field drain, which in turn joins a ditch that is a tributary to
the River Hiz. There are no public footpaths and no services crossing the site.
There are a number of public footpaths and bridleways in the vicinity of the
site. The closest of these is footpath 6 adjacent to the western boundary of
the site, which becomes Footpath 13 to the north of the site. Footpath 14 is
approximately 400m north of the proposed compound and bridleway 5 is
approximately 700m to the north. The compound is unlikely to be visible from
the south of the site due to the raised dome of the landfill site.
1.6
At present, the landfill site has a gas extraction system installed in Phase 1
connected to a small flare stack. It is proposed that the gas for use in the
electricity generating compound is drawn from the existing network of gas
wells installed in the waste and from further proposed gas wells which would
be installed as infilling at the site progresses.
106737860 1/0779-04 (021)
3
1.7
The objective at a landfill site is to control the lateral migration of landfill gas
thereby removing potential health and environmental risks associated with
methane and carbon dioxide. At North Herts Landfill this is achieved by the
engineering of the site using low permeability lining materials on the base and
sides of the site. An active gas extraction system and monitoring system is
already in place at the site. At present, when landfill gas is produced in
sufficient quantities, it is collected and either allowed to vent to the
atmosphere or is actively extracted and burned by a gas flare.
1.8
Methane typically forms between 40% and 60% of the total volume of landfill
gas produced at a site during maximum gas production. Methane is known to
be a potent greenhouse gas and is estimated to be 25 to 30 times more
damaging than carbon dioxide. It follows therefore that the conversion of
methane to carbon dioxide by flaring or by conversion to energy is
environmentally more acceptable than the passive venting of landfill gas to the
atmosphere. Furthermore, the utilisation of the gas for electricity production
has the added advantage of offsetting the requirement for power generation
from fossil fuel sources.
1.9
In detail, the proposed environmental management compound would
comprise the following plant and equipment:
 two 1MW electricity-generating engines within acoustically enclosed flat
roofed containers with approximate dimensions of 12m long, 2.4m wide
and 6.5m in height (including roof mounted silenced exhaust systems) set
on concrete foundations with transformers;
 one 10m high, high temperature 1000m3/hr gas flare and booster;
 one 10m high, high temperature 2000m3/hr gas flare and booster;
 one sub-station 6m long, 4m wide and 2.4m high;
 two transformers;
 two self-bunded clean/dirty oil storage tanks;
 a 1.8m high palisade fence enclosing the compound with a double access
gate to the southwest corner and a single pedestrian gate to the north
west corner.
1.10 The two generators and flares have been designed to satisfy the stringent
environmental standards currently being applied for the combustion of landfill
gas. The equipment has been designed to deal with the future theoretical gas
yield from the North Herts site following the completion of landfill operations.
The landfill gas flares would burn any surplus landfill gas not being utilised by
the proposed generators. The flare capacity is sufficient to handle the
maximum gas generation from the site to ensure that the gas is controlled
should the generators fail. The gas would be drawn under suction from the
landfill site. The gas would then first pass in compression and treatment
equipment where advance treatment would occur prior to the gas being
passed to the electricity generating equipment. The treated gas would be
converted into electricity and the electrical power generated would be fed, via
a step-up transformer and a substation, into the local electricity supply
network.
106737860 1/0779-04 (021)
4
1.11 The majority of the equipment inside the compound is proposed to be located
in purpose built metal containers. The containerised approach would ensure
easy and progressive removal of the electricity generating plant and gas
flaring equipment as gas production reduces. The external surfaces of the
electricity generating containers would be painted dark green to minimise their
visual impact.
1.12 Once fully operational the plant would run for 24 hours per day and be fully
instrumented with remote monitoring facilities provided via a telemetry link. All
control and protection features are designed to be fail-safe and the plant
would automatically shut down in an emergency situation whereupon gas
would be flared. Service personnel would be available on a 24-hour call out
basis. The applicant has estimated that the facility would remain operational
for approximately 30 years, with the possibility that one flare would remain
active beyond that period.
2.
Consultations and Representations
2.1
North Herts District Council have no objection subject to appropriate
protection measures being carried out and controlled by condition.
2.2
The Environment Agency state that, as the site is delineated within an area
where landfill gas is present, the Agency recommend that a condition is
imposed to ensure that the proposed compound’s foundations are designed
and constructed to be geotechnically stable such that no differential
settlement shall occur.
2.3
The County Council as Highway Authority have no objection.
2.4
The County Planning Archaeologist has no objection.
2.5
Government Office for the East of England has no comment.
2.6
Holwell Parish Council have raised concerns that there will be a significant
impact on the local amenity though the development, primarily related to the
potential noise impact. In summary the Parish Council have stated that when
the waste infill was originally proposed, local residents had reasonably
assumed that there would at least be a cessation of activities within a
reasonable period of time. It now appears that they would have to endure
continuing activities, albeit in the form of electricity generation, for 30 years.
The Parish Council have highlighted concerns in respect of noise
assessments that have been submitted as part of the application. On this
basis the Parish Council do not consider that sufficient information has been
provided to demonstrate that a noise problem would not exist and accordingly
any noise pollution would lead to damage and deterioration of the local
environment. Should planning permission be granted it must be on the basis
that carefully considered mitigation measures have been put in place, that
there is proper siting of the equipment and that noise limits as planning
conditions are carefully considered.
106737860 1/0779-04 (021)
5
2.7
Pirton Parish Council have not responded at the time of writing, however it is
anticipated that the comments of Pirton Parish Council will be reported orally
to the Committee.
2.8
Ickleford Parish Council have raised concerns regarding the safety of the
proposed facility and the potential noise emissions on a 24 hour basis,
although does not object to the proposal.
2.9
A total of 12 properties were consulted on the application and a site notice
and press release were also published. One letter of representation has been
received which, in summary, states that noise levels will not meet the relevant
British Standards that such noise will be unacceptable to the residents of
Pirton.
3.
Planning Considerations
3.1
The Regulatory And Energy Policy Framework: The UK Government is
coming under increasing pressure to reduce greenhouse gas emissions and
to improve energy efficiency, by promoting sustainable renewable energy use.
3.2
The Kyoto protocol establishes targets for world governments to achieve, with
the UK being committed to reaching its goal through promotion of renewable
energy and real reduction in CO2 equivalent emissions. To achieve these
goals the UK has chosen to use the following mechanisms:



The Climate Change Levy (April 2001)
The Renewable Obligation (April 2002)
Voluntary Carbon Trading
3.3
In addition to the above orders and statutory instruments the European Union
Landfill Directive, which applies to all member states, imposes a requirement
to capture and to utilise landfill gas produced from waste repositories.
3.4
It is with the above requirements in mind that the applicant is seeking to
develop additional flaring and electricity generation using landfill gas at North
Herts Landfill Site.
3.5
Planning Policy: The main Policies related to the consideration of the
application are listed as follows:
3.6
Hertfordshire Waste Local Plan 1995 – 2005 (adopted January 1999)


Policy 1 (sustainable development) which states that the County Council
will have regard to the extent to which the development is sustainable in
form and location and helps conserve resources of land, water, materials,
energy and the environment.
Policy 22 (energy recovery from landfill gas) states that the County
Council will encourage proposals from landfill gas generation at landfill
sites.
106737860 1/0779-04 (021)
6

3.7
Policy 40 (noise from waste management operations) which states, interalia, that where the County Council considers that a waste management
proposal is likely to cause significant noise intrusion to existing noise
sensitive development, planning permission will not be granted unless the
applicant is able to demonstrate that no significant noise intrusion will
occur or that any such problem can be adequately controlled by condition.
Hertfordshire Structure Plan 1991 – 2011 (adopted July 1998)


Policy 1 (sustainable development) which, amongst other matters, has the
aim of minimising resource depletion and making the most efficient use of
land, minerals, buildings energy, water and waste.
Policy 55 (waste management) expects measures to minimise risk of
pollution or water, air and the surrounding land.
3.8
National Policy: Central Government Guidance on waste management is
contained in Planning Policy Guidance Note PPG10 on Planning and Waste
Management published in October 1999, PPG22 on Renewable Energy
published in 1993 and the Waste Strategy 2000.
3.9
Planning Policy Guidance Note 10 establishes the principles of waste
management as Best Practicable Environmental Option, Regional Self
Sufficiency, the Proximity Principle and the Waste Hierarchy. The Waste
Hierarchy presents a number of waste management options in the order of
their preference as follows:




reduction
re-use
recovery (recycling, composting and energy recovery)
disposal
3.10
At present the North Herts landfill operation merely represents disposal. The
generation of electricity from landfill gas produced at the site would improve
the position of the site in the waste hierarchy improving the sustainability of
the operation.
3.11
The hierarchy is further endorsed in the Government Waste Strategy 2000.
The Strategy points out that landfilling of biodegradable wastes has an
environmental impact through the generation and emission of methane and
other gases. It is important to ensure that these emissions are reduced as far
as possible and the Strategy aims to ensure that the negative impacts are
minimised and that reduced gas emissions from landfill are achieved. There
are no specific policies within the Strategy relating to the use of renewable
energy sources but the basis of the Strategy is founded on the principles of
sustainable development within which the use of renewable energy sources
are an important policy consideration.
3.12
PPG22 on renewable energy published in February 1993 recognises at
paragraph 5 that a main advantage of using renewable energy is its
contribution to the limiting emissions of greenhouse gases. The PPG includes
106737860 1/0779-04 (021)
7
an annex on using landfill gas that recognises the benefits of such proposals
and identifies the principle landuse issues as siting, landscape impact, odour
and emissions, and impact on water. Furthermore the concept of landfill gas
infrastructure is outlined by the EU Landfill Directive. The Directive specifies
that the collection, treatment and use of landfill gas shall be carried out in a
manner that minimises damage to and deterioration of the environment and
risk to human health. These issues are further addressed in this report.
3.13 Local Policy: Policy 55 of the Structure Plan states that waste facilities will be
expected to employ measures that minimise pollution of water, air and the
surrounding land and that recovery facilities will be designed to make use of
waste through energy generation. Whilst the proposal is not strictly a waste
management facility, it is situated within an existing waste management
facility and therefore it is considered that this policy is applicable to the
development.
3.14 The Hertfordshire Waste Local Plan adopted in January 1999 covers the
period to 2005. Policy 22 specifically encourages proposals for energy
recovery from landfill gas. Policy 1 of the Waste Local Plan emphasises that
as part of an integrated approach to sustainable waste management
development the County Council will have regard to a number of issues
including the conservation of energy and minimising pollution.
Environmental Considerations
3.15 Visual Impact: The most visually intrusive elements in the compound would
be the landfill gas flares and the containers housing the generating engines.
The nearest residential property is located around 600m to the north west of
the proposed facility. Although there is no specific landscape designation for
the site, it is important that the proposed facility does not have an adverse
impact upon the local landscape in general. Views from the south and west
would be restricted due to the raised dome of the landfill operations. Views
from Holwell to the north west would be restricted by the raised dome of the
former County Council owned landfill to long range views of the top of the flare
stacks. Views from Holwell to the north and north east would be long range
and minimal due to the significant distance between the locations. There are,
nevertheless, likely to be long distance views of the proposed plant from the
east due to the relatively flat topography. The proposed compound has been
orientated to minimise the elevation visible from the east against the backdrop
of the raised dome of the landfill site. The external surfaces of the electricity
generator container would also be painted dark green to minimise their visual
impact.
3.16 The nearest property to the east of the site is Pound Farm approximately
700m from the application area. The compound would be visible from this
property although the views are set against the backdrop of the landfill facility.
3.17 The compound location is low lying although the land in the vicinity of the site
is relatively flat. The area in the vicinity of the site is sparsely populated.
There is a footpath that passes adjacent to the western site boundary and a
106737860 1/0779-04 (021)
8
bund to the landfill site restricts views into the site. It is considered that the
provision of the electricity generating engines, flares and containers would not
have a significant visual impact on users of the footpath in the short term,
however once restoration work has been completed at the landfill in
approximately 5 years time the proposed gas compound would continue to be
a prominent feature in its rural setting for a period of up to 30 years.
3.18 It is however considered that the compound could be absorbed into the local
landscape through the construction of additional bunding and the planting of
trees around the boundary of the proposed compound. This could be
achieved through the imposition of a suitable planning condition, should
planning permission be granted.
3.19 Effect on Surface Water and Groundwater: To minimise the potential for
pollution of surface water and groundwater the environmental management
compound would be provided with a surface water drainage system. All
drainage would pass into the existing surface water drainage system for the
landfill site. The surface water drainage from the landfill is regularly monitored
by the Environment Agency as a requirement of the site Waste Management
Licence.
3.20 Lubricants stored at the compound would continue to be held at minimum
levels consistent with operational needs and held in two self-bunded tanks.
Waste oil would be disposed of in an approved manner for reprocessing or
incineration. Collected condensate would pass directly back into the landfilled
wastes hence removing the risk of condensate passing into the groundwater
or surface water systems.
3.21 It is considered that the continued measures for the control of surface water
drainage, the storage and disposal of lubricants and the disposal of
condensate would effectively minimise the potential for pollution of surface or
groundwater from the existing and proposed development.
3.22 Gaseous Emissions: An atmospheric dispersion model has been used to
calculate ground level concentrations of the anticipated emissions from the
proposed installation. Predicted concentrations from both the flare and the
generator were added to the ambient background data taken from published
information. The worst case scenario was modelled and mitigating strategies
have been included as part of the application.
3.23 The pumping of landfill gas from the site and generation of electricity would
convert the methane contained in the gas to carbon dioxide. Carbon dioxide
is a less potent greenhouse gas hence it is considered that there is a positive
environmental benefit to be gained by preventing the release of free methane
to the atmosphere.
3.24 Noise: The application included an assessment of the potential impact of
noise from the proposed development. The assessment included a survey of
existing night-time background noise levels at two properties in the vicinity of
the landfill site and predictions of the noise that would be generated by the
106737860 1/0779-04 (021)
9
proposed plant. The night-time background noise levels were taken in
September 2002 for 5 minutes at 30 minute intervals between the hours of
0:20 to 03:00 at Primrose Hill Cottage and Pound Farm, considered to be the
nearest noise sensitive properties to the site. As the proposed facility would
be operational on a 24 hour basis, representation has been received
regarding the reliability of the surveys and the potential noise intrusion that
may exist, particularly at night.
3.25 The assessment concluded that the installation of the proposed facility would
not result in any appreciable increase in noise over the existing measured
noise levels in the vicinity and that any impact upon amenity would be
minimal, within the required guidelines1. In addition to this a further
assessment has been carried out by a noise consultant on behalf of the
County Council. The conclusion reached by the consultant commissioned by
the County Council was that noise associated with the proposed development
would be acceptable provided the plant/equipment used are as specified in
the documentation provided with the application.
3.26 Waste Local Plan Policy 40 (noise from waste management operations)
requires that waste management proposals that are likely to cause significant
noise intrusion to existing noise sensitive development shall be refused
planning permission unless the applicant is able to demonstrate that no
significant noise intrusion will occur or that any such problem can be
adequately controlled by condition. The policy goes on to state that conditions
may include, amongst other matters:
 control of working hours;
 measures to reduce the impact of noise emissions from operations;
 a requirement for a scheme to be submitted to and approved by the
planning authority specifying a programme of work and site layout
designed to reduce noise levels at sensitive locations, construction of
baffle mounds and erection of acoustic fencing;
 limits on day time noise emissions from operations.
3.27 Representations have been made by Holwell Parish Council regarding the
reliability of the surveys and that further background noise surveys should be
carried out. The applicant’s consultant has specified that no additional night
time background noise survey was considered necessary as the area has not
been subjected to any development pressure and hence the noise
environment is unlikely to have changed. The consultant employed on behalf
of the County Council has accepted that the background noise survey was
carried out over a limited amount of time, and, that noise can vary depending
upon wind direction and speed. However, the measured background noise
levels are considered very low and that it is rare to find locations with lower
noise levels that those measured at Primrose Hill Cottage and Pound Farm.
3.28 A significant amount of appraisal and analysis has been carried out by the
Parish Council, the applicant’s noise consultant and the County Council’s
1
World Health Organisation “Guidelines for Community Noise”.
106737860 1/0779-04 (021)
10
appointed consultant. Although the Parish Council is concerned that noise
pollution would cause damage to and deterioration of the local environment,
both the noise consultants consider it unlikely that the proposed development
would have an unacceptable impact on local amenity. The Parish Council
also raises concerns about the noise impact upon users of the footpaths
(Holwell 6 and 14) in the vicinity of the site. Footpath 6 is the footpath that
passes nearest to the proposed gas facility site approximately 150 metres to
the west. As confirmed by the applicant’s consultant, the impact upon users
of the footpath is likely to be transient for a short period when passing the site.
Although there is no current guidance to consider the impact of noise upon
users of public footpaths, nonetheless, noise from the proposed compound
may be able to be heard from footpath users passing the site, although it is
accepted that this will primarily occur in daytime hours when background
noise levels are higher than at night time. A noise contour graph has been
produced by the Council’s consultant which does estimate that footpath users
would experience a day time level of between 35-40dB(A), which is well within
the 55dB(A) standard specified by Mineral Planning Guidance Note 11.
3.30 Although not operated by the applicant, Ware Quarry (Brazier Landfill) is an
example of another site in Hertfordshire, which has an active landfill gas
utilisation facility. The County Council granted this particular facility in 1995
and prior to determination the application was subjected to detailed noise
evaluation, primarily resulting from objections raised by a Carmelite
Monastery located 300 metres from the site. In that case the County Council,
as Waste Planning Authority, imposed a number of planning conditions to
ensure that the plant did not affect the occupants of the monastery. Following
the construction and operation of the facility at Ware Quarry, no local
concerns have been raised in respect of noise and officers of the Council
have noted that noise was not a problem when occasional visits have been
made. The nearest identified noise sensitive property to the North Herts site
is Primrose Hill Cottage, which is located approximately 600 metres from the
proposed gas utilisation facility.
3.31 When assessing the proposal for the facility at North Herts Landfill Site
against Policy 40 of the Waste Local Plan, it is considered that, based upon
the analysis carried out by the two separate noise consultants, there are no
reasons for refusing the application on noise grounds. Nevertheless, should
planning permission be granted, it is considered appropriate that suitable
conditions are imposed to both set established noise levels as well as require
further background monitoring to be carried out prior to the implementation of
the development and subsequent noise monitoring to be conducted
intermittently over the first 12 months of the life of the compound.
Furthermore, a condition requiring a landscaping scheme should also be
imposed not only to assist in assimilating the site into the landscape, but to
assist in mitigating any noise intrusion through the construction of suitable
baffle mounds as referred to under Policy 40 of the Waste Plan. Examples of
such conditions are included at Appendix 1 of this report. Subject to such
conditions being imposed it is therefore considered that the proposed
development is acceptable in noise terms.
106737860 1/0779-04 (021)
11
3.32 Safety: Concerns have been raised regarding the safety of the proposed
compound and whether there is any risk to properties from likely explosions.
The proposed location of the facility would be adjacent to an historic landfill
site, which, as the Environment Agency have highlighted, may be prone to
differential settlement. The consultation response of the Environment Agency
recommends a condition being imposed to ensure the ground stability of the
proposed facility. In response to this issue the applicant has confirmed that
the proposed plant and equipment for gas utilisation and flaring would be
situated within the boundaries of the current permitted landfill site for dealing
with the gas produced by the current landfill site. The plant would be placed
on a concrete plinth which acts as a gas barrier preventing any gas migration
from the adjoining historical landfill site from accumulating in the proposed
infrastructure and internal sensors are standard in such infrastructure to
detect leaks within the infrastructure itself. Subject to appropriate control
mechanisms being put in place, including regulation by the Environment
Agency under the existing Waste Management Licence, it is considered that
the proposed facility is unlikely to create an unacceptable safety risk.
3.33 Access and Traffic: Although some additional traffic would be generated by
the proposed development, particularly during the construction phase, the
traffic would be light in nature and would not be significant when compared to
the existing landfill generated traffic.
3.34 It is considered that the existing access to the site is suitable to accept the
minimal increase in vehicle movements and that there would be no impact
from traffic associated with the proposed development. No objections have
been raised by the County Council as Highway Authority.
4.
Conclusion
4.1
It is considered that the potential environmental impacts from the proposed
development namely, visual intrusion, effect on surface and groundwater,
noise, traffic and gaseous emissions would not be significant. The provision
of a landfill gas utilisation plant at the site would have the positive
environmental benefit of converting methane, which is a potent greenhouse
gas, to less harmful carbon dioxide, reducing the escape of odour and
providing electricity from a non fossil fuel source, therefore reducing overall
fossil fuel consumption. The proposed development is considered compatible
with national planning policy as well as meeting the aims of Policies 1 and 55
of the Structure Plan and Policies 1 and 22 and 40 of the Waste Local Plan.
4.2
It is therefore concluded that, subject to the imposition of appropriately worded
conditions to cover, amongst other matters, timescale, removal of permitted
development rights, hours of operation (construction), security, landscaping,
site foundation stability to prevent differential settlement, floodlighting, noise,
groundwater protection and restoration, the proposal satisfies the policies
contained within the development plan and that, accordingly, planning
permission should be granted.
106737860 1/0779-04 (021)
12
5.
Financial implications
5.1
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 of the financial implications that may arise from their decisions.
5.2
If a planning application is refused 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
Planning application, supporting statement and noise assessment for application
reference 0/0770-04.
Consultation responses and representations received in response to planning
application ref. 0/0779-04.
Hertfordshire County Structure Plan Review 1991-2011.
Hertfordshire Waste Local Plan 1995-2005, adopted January 1999
Planning Policy Guidance Note 10 – Planning and Waste Management
Planning Policy Guidance Note 22 – Renewable Energy
Mineral Planning Guidance Note 11 – The Control of Noise at Surface Mineral
Workings
106737860 1/0779-04 (021)
13
APPENDIX 1
Proposed Draft Conditions to Control Potential Noise Emissions
1.
Prior to the commencement of the development hereby permitted,
details of a scheme of landscaping shall be submitted to and approved
in writing by the Waste Planning Authority. Such a scheme shall include
provision for baffle mounds to screen the compound from external
views and assist in noise mitigation. Unless otherwise agreed in writing
by the Waste Planning Authority, any proposed baffle mounds shall
have outer slope face gradients no steeper than 1:3 and all inner slope
faces shall have a gradient no steeper than 1:1. Any trees, hedges and
shrubs planted under the scheme shall be maintained throughout the
duration of the operations permitted by this permission or for a period of
five years, whichever is the longer. Any tree, shrub, bush or hedgerow
which within 5 years of planting dies, is removed or becomes seriously
damaged or diseased shall be replaced with others of a similar species
within the first available planting season.
Reason: To comply with Section 197 of the Town and Country Planning Act
1990, to improve the appearance of the site in the interest of visual amenity,
to screen the compound, and assist in noise mitigation.
2.
Unless otherwise agreed in writing in advance by the Waste Planning
Authority, no operations connected with the construction of the landfill
gas utilisation facility shall be carried out except between the following
times:07.00 hours - 18.00 hours Monday to Friday;
07.00 hours - 13.00 hours Saturdays.
Reason: To minimise the adverse impact of operations on the surrounding
area in terms of noise, associated traffic generated and general disturbance.
3.
Between the night time hours of 23:00 hours to 07:00 hours inclusive,
the development hereby permitted shall not emit a noise level 2 in excess
of 35 dB(A) under free-field conditions at any noise sensitive property
identified in Appendix 1 of the Atkins Noise Assessment attached as
Appendix A of the Planning Application and Supporting Statement dated
May 2004.
Reason: To minimise the adverse impact of noise generated by the operations
on the nearest noise sensitive properties.
4.
2
Prior to the commencement of the development hereby permitted a night
time background noise level survey shall be carried out at the noise
sensitive properties identified in Appendix 1 of the Atkins Noise
Assessment attached as Appendix A of the Planning Application and
measured in terms of a 15 minute LAeq,T
106737860 1/0779-04 (021)
14
Supporting Statement dated May 20043. Night time noise levels shall be
thereafter monitored at 3 monthly intervals at the noise sensitive
property identified in Appendix 1 of the Atkins Noise Assessment
attached as Appendix A of the Planning Application and Supporting
Statement dated May 2004 for a period of one year following
commencement of the operation of development hereby permitted. The
first background noise survey shall be carried out within one month
prior to the commencement of the development hereby permitted. The
results of all the monitoring surveys shall include the LA90,T and LAeq,T
noise levels, the prevailing weather conditions, details of the
measurement equipment used and its calibration and comments on the
sources of noise which control the noise climate. The noise monitoring
surveys shall be carried out between the hours of 00:00 and 04:00,
inclusive. Within 1 month of the completion of any survey the results of
the survey shall be submitted to the Waste Planning Authority.
Reason: To minimise any adverse impact of night time noise generated by
the operation of the facility on identified noise sensitive properties and assist
the Waste Planning Authority in monitoring noise emissions from the site.
3
1 Primrose Hill Cottage and Pound Farm
106737860 1/0779-04 (021)
15