OFFICERS REPORT - DELEGATED
Ref No:
050283
Case Officer:
Robin W Williams
Proposal: Application for removal or variation of a condition following grant of
planning permission ref:046316, 050283
Location: Tata Steel UK Ltd Shotton Works, Weighbridge Road, Deeside
Industrial Park, Deeside, CH5 2NH
Applicant:
Tata Steel Europe Limited
Date Valid: 23 December 2014
1.
Expiry Date: 14 April 2015
Consultation & Responses
Local Members:
Councillor B Attridge - No correspondence
Councillor C Jones - No correspondence
Councillor B Dunn – No correspondence
Town/Community Council:
Sealand Community Council - No correspondence
Connah’s Quay Town Council - No objection to the application
Statutory Consultees
Head of Public Protection - No adverse comments
Head of Assets and Transportation No objection
Ecology Officer - No correspondence
Welsh Government: No correspondence
Natural Resources Wales - No objection. Their original comments (Environment
Agency) and suggested conditions of 29 July 2009 on the original application
(046316) remain valid. The site is situated well above the expected inundation level
with regards to flood risk and therefore the Environment Agency have no objection in
principle to the proposed development in terms of flood risk subject to conditions
1
relating to surface water drainage control and land contamination.
It is
recommended that the requirements of Planning Policy Wales and the Environment
Agency Guidance on Requirements for Land Contamination Reports should be
followed. All operational environmental risk would be managed through an operating
permit under the Environmental Permitting Regulations 20007. The operator must
ensure that no polluting matters enter controlled waters during the construction
phase, which is critical due to the proximity of the Dees Estuary Ramsar designated
site.
Dŵr Cymru - has advised that the applicant contacts the Environment Agency
Wales (NRW) as the intention is to utilise a private treatment works. The EA may
have an input in the regulation of this method of drainage disposal. This will be
attached as supplementary information.
National Grid Plant Protection
British Pipelines Agency – Not aware that any of BPA apparatus, falls within the
vicinity of the above noted location. However, if the location of works change,
contact BPA Immediately. Advisory
Wales and West Utilities – Not aware that any of W&W U apparatus, falls within
the vicinity of the above noted location. However there may be other pipelines
present and information for such pipes should be obtained by the owners. Safe
digging practises should be implemented. Plans should be submitted prior to work
commencing. Advisory
Network Rail – No comments to make
Community Services Emergency Planning – No correspondence
Neighbours
UPM - No correspondence
Corus Colours Plc – No correspondence
Remsdaq Limited – No correspondence
Woodward Foods Ltd – No correspondence
Deeside Power Station - No correspondence
Liverpool Bay Operating Company - No correspondence
2
2.
Relevant History:
2.1
The site is within the complex operated and controlled by Tata Steel Europe
Limited, on the Shotton Steel Works site, and was formerly operated as
British Steel and John Summers Steel Works, much of which has a long and
detailed planning history, or predates the implementation of the planning
system. The site is a cleared brownfield site, much of which has been used to
store and process site clearance materials (soils, demolition rubble) from
elsewhere within the Shotton Works complex. A scrap metal baler building,
electrical switchgear and other infrastructure such as substation, gas, steam
and electrical apparatus and a boiler plant in connection with Tata's existing
and former activities are located on nearby land, together with a water holding
lagoon.
2.2
Planning permission reference 045230 dated 10 th February 2009 was granted
to Orchid Environmental Limited for a waste treatment process facility in an
existing building, construction of an extension to the existing building and
associated external work. This permission relates to an adjacent site directly
to the west of this application site. Planning permission reference 046316 was
granted on 20th January 2010 for the construction of a combined heat and
power plant to be fuelled with refuse derived fuel. This was granted with a
condition to implement the permission within three years of the date of the
permission. A section 73 application was granted permission on the 28th
March 2013 to extend the commencement date to the 20 th January 2015. This
permission has not been implemented and this application seeks to vary this
condition to allow more time to implement.
2.3
Refuse Derived Fuel is a fuel produced by shredding and dehydrating
residual municipal waste and then compressing into pellets, bricks or logs for
combustion.
3.
Policies:
Flintshire Unitary Development Plan (2011)
STR1
New Development
STR2
Transport
STR3
Employment
STR7
Natural Environment
STR8
Built Environment
STR10
Resources
GEN1
General Requirements of Development
GEN6
Environmental Assessment
D1
Design Quality
D2
Location and Layout
3
D3
D4
D5
WB1
WB2
WB3
AC13
AC18
EM3
EM5
EM7
EWP5
EWP6
EWP7
EWP8
EWP12
EWP13
EWP14
EWP16
EWP17
Design
Landscaping
Outdoor Lighting
Species Protection
Sites of International Importance
Sites of National Importance
Access and Traffic Impact
Parking
Development Zones
Expansion of Existing Concerns
Bad Neighbour Industry
Energy Generation
Areas of Search for new waste management facilities
Managing Waste Sustainably
Control of Waste Development and Operations
Pollution
Nuisance
Derelict and Contaminated Land
Water Resources
Flood Risk
National and Regional Policy and Guidance includes:
Planning Policy Wales (2010)
TAN5
Nature Conservation and Planning (2009)
TAN 8
Renewable Energy (2005)
TAN 11
Noise (2009)
TAN15
Development and Flood Risk (2004)
TAN 21
Waste (2014)
TAN 22
Planning For Sustainable Buildings (2010)
Towards Zero Waste – National Waste Strategy (2010)
North Wales Regional Waste Plan First Review (2009)
Collections, Infrastructure and Market Sector Plan (2012)
The Waste (England and Wales) Regulations 2011
The main policies to be considered in the determination of this application are the
policies of the Flintshire Unitary Development Plan (FUDP) particularly Policies EM3,
EWP6, EWP7, EWP8, EWP12 and EWP17. It is considered that the proposal would
comply with the above policies.
4.
Planning Appraisal:
4.1
Introduction – Description of Development
On 20 January 2010 planning permission was granted for a combined heat and
power plant, fuelled with refused derived fuel, to provide heat and power to the site
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formally known as Corus Colours (now known as Tata Steel Europe Limited,
referred to as Tata in this report). The approved plant has the capacity to provide up
to 12 MW electricity and 12 MW heat for consumption by Tata, and can also feed
electricity into the national grid and heat may be sold to other industrial users or
used on site.
Condition No.1 attached to the planning permission required the approved
development to be commenced within three years of the granting of the permission.
However, this planning permission was not implemented within the given time period
and a S 73 application was granted permission on the 28 th March 2013 to extend the
commencement date to the 20th January 2015.
This application seeks again to vary condition No.1 to extend the life of the
permission for a further 5 years and thus effectively renewing the permission. The
application proposes no changes to the development already approved by
permission 046316. Further details can be found in the appended committee report
for permission 046316.
4.2
Location – Site Description
The site is located within the Shotton works site, sited in close proximity to the
former scrap baler shed, adjacent to New Road, Deeside. Deeside Development
Zones 2&3 are located approximately 0.5 km to the east, UPM Kymmene Shotton
Paper Mill is located approximately 1 km to the north, and the main Shotton Works
and coating plant is located to the west. The nearest residential development in
Garden City, Queensferry and Shotton is approximately 1.5 km distant to the south
and southeast.
Since planning permission was granted for permission reference 046316, the
Council has resolved to grant outline planning permission a major mixed use
development which includes approximately 700 new residential units and business
receptors located to the south east of the development site. Also, planning
application ref 050125 for another outline planning permission for a major mixed use
development is adjacent to this site and is with the planning department for
consideration and is proposing approximately 600 residential units adjacent to this
site. This project is collectively known as the ‘Northern Gateway’ project.
The site has been identified because it is convenient to serve existing Shotton
Works and is within the Tata land-holding. It is close to the work’s existing site
electricity and grid distribution link and existing steam pipework infrastructure. It is
also adjacent to an approved planning waste derived bio-fuel plant recently
implemented to process up to 160,000 tonnes per annum commercial and industrial
waste, which has the potential to supply the fuel feed stock (the Orchid Project
planning permission reference 045230). It is noted that the Orchid project has not
5
progressed and the operator has liquidated. The proposed development is,
however, unrelated to and is not reliant upon the Orchid project, and may secure fuel
from the open market.
4.3
Principle of the development and Need
In exercising its planning functions in dealing with waste management applications;
Local Planning Authorities must consider Articles 18 and 20 of The Waste (England
and Wales) Regulations 2011, which states that the Waste Framework Directive EC Council Directive 1999/31/EC (Landfill of Waste) and 2008/98/EC must be given
weight.
Waste planning policy in Wales seeks to re-use, recycle and recover value from
waste materials, with landfill identified as the least desirable option in the waste
hierarchy. The use of non-recyclable waste to generate heat and power is
preferable to the landfilling of this residual waste and has proven benefits for
reducing green house gas emissions compared with landfilling waste. Landfill
capacity in North Wales, and in Flintshire, in particular, is very limited and the
diversion of non-recyclable residual waste away from landfill will help to extend the
life and make better use of existing landfill resources.
Since planning permission was granted in 2010 for the Energy from Waste plant the
Welsh Government has published the Towards Zero Waste Strategy and the
Collections, Infrastructure and Market Sector Plan which supports this type of
development, especially given the nature of the proposal and that it would reduce
waste being disposed of in landfill.
Tata Steel still wish to have an independent source of power, to provide a
competitive edge in securing power from the open market, and to provide a
minimum level of security of supply in the event of National Grid shut-downs or
interruption to the supply. Tata Steel still wishes to diversify is energy supply
portfolio, and to make a contribution to reducing the carbon footprint of it operations
by utilising a more sustainable fuel compared with primary fossil fuels. Therefore,
there is a desire to not lose the planning permission already granted.
4.4
Access and Traffic
Access and traffic arrangements remain unchanged. Access to Shotton Works is
the subject of security controls and access is not available to members of the public.
4.5
Nature Conservation
The site is located in close proximity to Sites of Community Interest of the River Dee
Estuary and River Dee, (Special Protection Area, Special Area of Conservation and
Ramsar Site). As part of the original application the Council undertook a test of
significance pursuant to appropriate assessment under the provisions of Regulation
60 of The Conservation of Habitats and Species Regulations 2010. This assesses
6
whether the site, alone, or in conjunction with other development and projects, is
likely to have an adverse impact on the favourable conservation status of the
European designated sites. The conclusion was that the development is not
considered to have any significant effects on its own or in accumulation with other
development.
Since the determination of application 046316 the River Dee Estuary has been
designated as a Special Area of Conservation (SAC). When the original application
was considered, this was only a Candidate SAC. An updated Ecological report was
submitted with the application to take account of any changes that may have
occurred as a result of the new designation and the passage of time. The Ecological
Update provided indicates that there have been no changes to the site, and the
issues are considered to be the same in relation to the permission granted in 2010.
No objections have been received from NRW or the Ecological Officer to this effect.
The proposal would not affect the features, ecological integrity or functionality of any
statutory sites or ecological, geological and/or geomorphologic interest. The
proposed scheme would not affect the character or integrity of any statutory
protected or nationally important landscapes. It is considered that the proposal
would not likely be detrimental to the maintenance of the favourable conservation
status of any populations of European or British protected species that may be
present at the application site. It is not considered to have an adverse effect on the
natural heritage interests listed above.
There will be no ecological issues providing the Environmental Permit is in place
prior to construction and reasonable measures are undertaken to avoid harm to
amphibians and reptiles during construction, vegetation clearance takes place
outside of the main bird breeding season (or there is confirmation that nesting birds
are absent) and any future landscaping scheme includes management of habitats
for the above.
Given the length of time that often occurs between the grant of a planning
permission and the commencement of development, there will be a requirement to
carry out a further survey to ensure that the ecological knowledge is kept up to date
and provision is made for all species and habitat of note prior to the commencement
of development. A prior to commencement wildlife conservation condition is
proposed. In the event that Statutory Protected Species are affected, the
development will not be able to proceed until an appropriate Licence has been
secured, and the terms of that licence carried out.
The species of note in the area includes Common toad, Lizard, Great crested newt
and Otter. In addition flocks of sea and wading birds cross the area moving between
fresh water lagoons. However, the application site is largely barren ground and does
not represent optimal habitat for these species. It is not considered that the site is a
prime habitat or that the development will have an undue negative impact on the
conservation status or range of Great created newt. Conditions covering wildlife
7
mitigation and enhancement condition, supplementary wildlife surveys if not
implemented within 12 months and a reasonable avoidance scheme for statutory
protected species is proposed. Proposed mitigation measures detailed in the 2009
Ecological Report shall be implemented then there should be no adverse impacts on
ecological features.
4.6
Health Effects and Air Emissions
There have been no significant changes to any of the inputs to the air quality impact
assessment previously submitted and only minor changes which include a newer
version of the dispersion modelling software which has been used to inform the
addendum to the air quality assessment and also there are additional sensitive
receptors namely the Northern Gateway development and new receptors on the
Tata Steel site.
The updated air quality assessment and addendum to the original Environmental
Statement concluded that the additional air quality impact that would be attributable
to emissions from the proposed CHP plant is localised, has little effect on nitrous
oxide concentrations in existing or proposed residential areas, or in the Dee Estuary
and the EHO did not have any adverse comments to make on the application.
The operation of the site will require an Environmental Permit from Natural
Resources Wales, which will regulate the emissions from the site, in particular,
emissions to air. Such a permit will only be issued if NRW are satisfied that the
applicant has demonstrated that the plant poses no risk of harm to the environment
or human health.
4.7
Flood Risk
As part of the original planning application, a flood risk and consequences
assessment was been carried out. The development site is within flood risk zone C1
at a level of 9 metres AOD, and exceeds the 8.5 metre AOD risk level for the River
Dee which reflects the 1:200 year tidal flood event and the height of the Dee sea
defence embankments. The minimum floor levels exceed those required by the
Environment Agency.
A revised FCA was submitted with the planning application and concluded that the
site is considered to be at little or no risk of fluvial or tidal/coastal flooding. The
Environment Agency have been consulted and confirmed that the site is situated
well above the expected inundation level with regards to flood risk.
4.8
BREEAM and Environmental Sustainability
The proposed development will potentially reduce the need to dispose of up to
110,000 tonnes of waste to landfill treated waste derived biomass fuel per annum, or
provide market for locally produced bio-fuels, which reduces HGV movements and
8
consequent use of transportation fuel. The management of waste derived fuel in this
type of development is more efficient in energy recovery and the control of
emissions than would be the case if this material was landfilled. The overall carbon
footprint and greenhouse gas impacts are reduced compared with the alternative
reliance on fossil fuels to generate power, or disposal by means of landfill. As such,
the use of residual non-recyclable waste, which would otherwise have been
landfilled in the proposed CHP plant would assist to meet landfill reduction targets,
help to preserve available landfill capacity which is required and provide further
benefits with regards to climate change and renewable energy production.
Since the original planning application was considered, the Welsh Government has
produced new guidance on the implementation of planning for sustainable buildings
in relation to achieving BREEAM standards (TAN22 and the WG Policy Clarification
Letter dated 21 November 2012. The proposed development would exceed the
minimum thresholds in which new developments should meet a minimum
sustainable building standard.
The applicant has argues that whilst the footprint of the building would exceed the
minimum thresholds as set out in TAN22, the majority of the building is intended
primarily to house plant and machinery, to provide weather protection, to allow
incoming fuel to be tipped under cover and to assist with odour controls and the
processing of waste. The plant would be largely operated automatic and would not
require to be heated. Operational staff would be accommodated in a separate
gatehouse/office with a floor space of approximately 42m 2 which would be
considerably less than the thresholds identified within TAN22. As such, it would be
considered unreasonable to impose the minimum BREEAM standards in this
instance.
4.9
Policy Appraisal
The development is primarily a power-generation unit and is subject to employment
land policies. The fuel feed is likely to be waste derived fuel, although other biofuels
could power the plant, and therefore policies relating to waste management apply.
The majority of waste management and B2/B8 uses are broadly compatible, and
particularly so at this location. The site is within the Deeside Development Zone and
within the Area of Search for waste management activities as identified in the
adopted Flintshire Unitary Development Plan. The site is also within an expansion of
an existing industrial use; the power generated will supply the Tata Steel Works.
The development will provide both heat and electrical power for consumption at the
TATA steel works, and also supply excess electricity to the national grid network.
This complies with the guidance set out in TAN 8 for renewable energy and
minimum efficiencies. The proposed development is in a location that the power and
heat can be fully utilised, and is to replace aging existing gas fired boiler plant. The
feedstock can be accessed from the open market, and may be originated from waste
or virgin materials, eg paper, wood, bio-crops.
9
National and Regional polices promote alternative means of managing waste, and
fuel generation. The use of alternative fuels displaces reliance on the use of primary
fossil fuels. The sources of the alternative fuels can potentially be within close
proximity to the site, minimising transportation impacts. The site has the option of
multi-modal transport. As such, the proposal would not only contribute to landfill
diversion targets, but also assist to produce renewable forms of energy and
contribute to reducing green house gas emissions and renewable energy targets.
The development is generally capable of meeting strategic, general policy and
specific local policy criteria contained within the statutory development plan. The
proposed use of the land is compatible with surrounding existing and allocated land
uses.
5.
Conclusion
Since planning permission was granted in 2010 for the construction of a combined
heat and power plant to be fuelled with refuse derived fuel at Shotton works, it is
considered that there has been no material change in the baseline conditions at the
site or its surroundings, or in the scale and nature of the likely impacts of the
proposed and previously approved but unimplemented development. Issues in
relation to noise, odour, traffic, landscape/visual impact, water resources and traffic
have not been considered as part of this report as they would remain unchanged.
The principle of the proposal has been established at this location and there has
been no material change.
The default time period for the duration of a full planning permission under the
provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 is five
years. Whilst Section 91(1)(b) allows the local planning authority to direct that
planning permission be granted for a shorted, or longer period, there is no overriding
reason why a shorted period that five years should be applied in this instance. The
extension of the duration of planning permission reference 050283 by five years
from the date of the original consent would not result in any material harm.
Therefore, it is considered that the proposal accords with the provision of the
development plan and planning permission should be granted, subject to the
conditions set out in planning permission 046316 and amended were necessary and
altering condition 1 to allow for the additional five years to implement the planning
permission.
In considering this planning application, the Council has taken all of the
environmental information into account, and had regard to the sites of community
importance. It has considered a balance of the need to protect the environment and
human health and well-being with the need for the development.
Recommendation Code: / Conditional Permission:-
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To grant planning permission subject to conditions/reasons as set out in planning
permission 046316.
Conditions
IMPLEMENTATION
1. The development hereby permitted shall be commenced within 5 years from the
date of this planning permission. Written notification of the date of commencement
shall be given in writing to the local planning authority within two weeks of
commencement.
REASON: To comply with Sections 91 to 95 of the Town and Country Planning Act
1990. To provide a reference date from which permitted schemes and conditional
requirements may be measured.
APPROVED PLANS
2. The development hereby permitted shall be carried out in accordance with the
following submitted plans, reports and particulars except where amended by
conditions attached to this planning permission:

• Application Form and covering letter from Egniol dated 15th May 2009,
received 19th May 2009.
•
Location of Shotton Works site, drawing ref: 3116. Figure 1 showing land in
the control of the applicant.
•
Location of proposed CHP plant within the Shotton Works site showing land
in the control of the applicant and application area, drawing ref: 3116.Figure 2
•
•
Site location and planning application boundary, drawing ref: 311582 dated
08.05.09
•
Existing site plan, drawing ref: 311583 dated 8.05.09
•
Proposed site layout, drawing ref: 311584 dated 12.05.09
•
•
Proposed site elevation from east, drawing ref: 311577 dated 07.04.09
Proposed elevations of main structures, drawing ref: 311578 dated 20.04.09
•
•
Topographic survey of the CHP site, drawing ref: 3116.TOPO.01 dated
08.05.09
•
Planning supporting statement, Egniol Consulting, May 2009
11
•
Environmental Statement, Egniol Consulting, May 2009
•
•
Air quality assessment (Corus Research, Development and Technology,
11th May 2009) (Appendix A of Environmental Statement)
•
Ecology Report (Black and Veatch, May 2009) (Appendix B of Environmental
Statement)
•
Flood Consequence Assessment, Egniol Consulting, May 2009
•
Access Statement
•
Design and Access Statement and covering letter, Egniol Consulting,
2 September 2009
•
Letters of clarification Egniol Consulting dated, 14th July 2009 regarding
Network Rail, 14th July 2009 regarding Flood Risk and TAN 15, and 17th July
2009 regarding RSPB and wildlife.
•
Planning, Design & Access Statement including Waste Planning Assessment
dated 19th December 2014, received 23rd December 2014
•
Addendum Environmental Statement dated 19 th December 2014, received
23rd December 2014
•
Non Technical Summary Addendum Environmental Statement dated 17 TH
February 2015, received 2nd March 2015.
•
Application Form and covering letter from Turley dated 23 rd December 2014,
Received 23rd December 2014.
REASON: To ensure that the development being carried out is that which has been
granted planning permission and to avoid confusion over which plans relate to the
permitted development.
HOURS OF OPERATION
3. The hours of operation, including deliveries to and from the site, are Monday to
Sunday 00:00 hrs to 24:00 hrs inclusive of Bank and Public Holidays. During
construction and site investigations, no drilling or piling activities shall take place
between the hours of 19:30 hrs to 07:30 hrs on any day.
12
REASON: To clarify the hours of working. To protect the amenities of local residents,
adjacent businesses and visitors to the area from those activities which have the potential to
generate noise complaint during evenings and night-time hours.
To comply with the
provisions of Policies GEN1 and EWP8 of the adopted Flintshire Unitary Development Plan.
LIGHTING
4. No external lighting shall be erected which causes glare outside of the site on the
public or private highways or to the aerodrome. All overnight exterior lighting shall
be shrouded and fitted with as low a lumen output is possible without breaching
health and safety requirements. During the night-time hours (23:00 to 06:30) the use
of high output flood lighting shall be restricted for use only where absolutely
necessary for external operations.
REASON: To minimise disturbance and annoyance to other industrial users in the vicinity of
the site. In the interests of environmental sustainability. To minimise the impact of
excessive lighting on the fauna of the locality. In the interests of aerodrome safeguarding.
In the interests of minimising light pollution. To comply with the provisions of Policy D4 of the
adopted Flintshire Unitary Development Plan.
5. No development shall take place until a scheme detailing any safety lighting
necessary to comply with aerodrome requirements has been submitted in writing to
and approved in writing by the local planning authority. The scheme shall be
implemented as approved.
REASON: In the interests of the Hawarden aerodrome safety. To ensure that lighting is
kept to a minimum and that which is necessary to minimise light pollution. To comply with
the provisions of Policy D4 of the adopted Flintshire Unitary Development Plan.
LANDSCAPING
6. No later than six months from the date of commencement a scheme for landscaping
and the subsequent management of the landscaped area shall be submitted in
writing to the local planning authority for the written approval of the local planning
authority. The scheme shall make provision for ongoing management, fencing
where appropriate, and maintenance of planting and grassland and shall include
provision for management of nature conservation interests on site and adjacent sites.
The approved scheme shall be implemented within the first appropriate planting
season as in accordance with the timescales set out in the scheme.
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REASON: In the interests of the visual amenity for visitors to the site and immediate vicinity.
In the interests of wildlife conservation. To comply with the provisions of Policies GEN1, D3,
L1, WB6 and EWP8 of the adopted Flintshire Unitary Development Plan.
NATURE CONSERVATION
7. No development shall take place until a new ecological survey is undertaken and the
results and conclusions have been submitted in writing to and approved in writing by
the local planning authority. Thereafter, if commencement is delayed beyond 12
months from the date of the new survey, no development shall commence until a
further survey is undertaken and submitted in writing to and approved by the local
planning authority. The purpose of the survey is to confirm that the ecological
circumstances at the site and the conclusions of the ecological surveys submitted as
part of the environmental statement, environmental statement addendum and
planning application remain valid. In the event that statutorily protected species and
other species listed in the Wales Bio-diversity Action Plan List are recorded to be
present at the site (fauna and flora) the provisions of Conditions 8 and 9 shall apply
as appropriate.
REASON: In the interests of wildlife conservation. The site has the potential to host rare
and endangered wildlife species. Wildlife conservation interests may change during the
time period between the date of the surveys undertaken at the time of the preparation of the
planning application and commencement of development. To ensure that the ecological
survey remains valid prior to implementation and to ensure that up to date assessment of
the ecological baseline conditions take place prior to development taking place and that the
appropriate mitigation/compensatory measures are implemented prior to the
commencement of development. To comply with the provisions of Policies GEN1, WB1,
WB2, WB3, WB4 and WB6 of the adopted Flintshire Unitary Development Plan.
8. Within three months of the date of the new ecological survey required by Condition 7,
a wildlife habitat scheme to accommodate any statutory protected species and/or
Wales Bio-diversity Action Plan List habitat and/or species identified by the
ecological survey in shall be submitted in writing for the written approval of the local
planning authority. The scheme shall be implemented in accordance with the
timescales as approved.
The scheme shall detail the location(s), creation and maintenance of wildlife habitats
such as low nutrient grassland suitable for amphibians, small reptiles and insects, or
other habitats that may be identified from the ecological survey carried out under
Condition 7, for the duration of the operational life of the site.
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REASON: In the interests of wildlife conservation. The site is close to known features of
local, national and international wildlife interest. To comply with the provisions of Policies
GEN1, WB1, WB2, WB3, WB4 and WB6 of the adopted Flintshire Unitary Development
Plan.
9.
In the event that the ecological survey carried out under Condition 7 identifies
statutory protected species and/or habitat to be present within the site, no
development shall take place whatsoever until a scheme for the reasonable
avoidance and any necessary mitigation and or compensatory measures is
submitted for the written approval of the local planning authority and such approval
obtained. The scheme shall be implemented as approved.
REASON: In the interests of wildlife conservation. To comply with the provisions of Policies
GEN1, and WB1 the adopted Flintshire Unitary Development Plan.
10. Mitigation measures detailed in the approved 2009 Ecological Report which
accompanied planning permission 046316 shall be implemented in full as detailed
within the approved document.
REASON: In the interests of wildlife conservation. The site is close to known features of
local, national and international wildlife interest. To comply with the provisions of Policies
GEN1, WB1, WB2, WB3, WB4 and WB6 of the adopted Flintshire Unitary Development
Plan.
CONTAMINATED LAND
11. No development shall take place until a scheme for ground investigation of the site to
identify contaminants, ground stability and the presence of ground gasses has been
prepared and carried out and the scheme and results submitted in writing to, and
approved in writing by the local planning authority. The scheme shall set out a
timetable of investigations and the results and any remediation measures identified
to be necessary in advance of, or during the course of the construction of the
development shall be provided in writing for the written approval of the local planning
authority. The recommendations and timetable of any remedial works shall be
implemented in full prior to the commencement of development as approved.
15
REASON: The site is in an area of potentially contaminative past uses. To protect the
water environment and human health. In the interests of protecting wildlife conservation.
To protect the integrity of foundations and the stability of buildings. To comply with the
provisions of Policies STR1, STR10, GEN1, EWP14, EWP16 of the adopted Flintshire
Unitary Development Plan.
12. No development shall take place until a scheme for containment and management
of any contaminants, treatment of unstable ground or control of ground gasses that
may be identified by site investigations has been submitted in writing to, and
approved in writing by the local planning authority. The approved scheme(s) shall be
implemented in full.
REASON: The site is in an area of potentially contaminative past uses. To protect the
water environment and human health. In the interests of protecting wildlife conservation.
To protect the integrity of foundations and the stability of buildings. To comply with the
provisions of Policies STR1, STR10, GEN1, EWP14, EWP16 of the adopted Flintshire
Unitary Development Plan.
WATER RESOURCES
13. No development shall take place until a scheme for the provision and
implementation of surface water management and regulation system has been
submitted in writing to and approved in writing by the Local Planning Authority. The
approved scheme shall be implemented in upon commencement of the
development.
REASON: To ensure that surface water is managed to not cause a flood risk within or
beyond the site boundary. To protect water resources from pollution during the construction
of the development. To comply with the provisions of Policies STR1, STR7, STR10, EWP16
and EWP17 of the adopted Flintshire Unitary Development Plan.
14. All fuel, lubrication and cooling oils and process treatment or effluents to be stored
at the site shall be contained within secure double bunded tanks of a minimum
capacity of 110% of the maximum volume of liquid to be stored. All tanks shall have
locking taps to be kept locked when not in use, and flexible feed hoses shall be
stored within the bunded areas.
REASON: In the interests of the protection of the environment, wildlife conservation and
water resources from the effects of pollution. In the interests of the safety of employees and
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visitors to the site. To minimise the risk of fire. To comply with the provisions of Policies
STR1, STR7, STR10, and EWP16 of the adopted Flintshire Unitary Development Plan.
FLOOD RISK
15. Finished floor levels shall be no lower than 7.5 metres AOD. In the event that the
flood risk for the site increases, the details of any flood risk mitigation measures,
together with a timescale for implementation, that are intended to be taken to protect
the site from the potential affects of flooding shall be provided in writing for the
written approval of the local planning authority. The approved details shall be
implemented as approved.
REASON: To reduce the risk of flooding. In the interests of the protection of the
environment and water resources from the potential adverse consequences of a flood event.
To allow a mechanism to protect the development from harm arising from any future
unforeseen increase in flood risk or flood events at the site and the immediate locality. To
comply with the provisions of Policies EWP16 and EWP17 of the adopted Flintshire Unitary
Development Plan.
DETAILS/MATERIALS TO BE AGREED
16. Prior to the construction of a gatehouse and office, details of the design, location,
layout and appearance shall be submitted in writing to, and approved in writing by
the local planning authority, and shall be implemented as in accordance with the
approved details.
REASON: Details of the office and gatehouse were not provided at the application stage,
but are implicit within the planning application. To ensure that the design and purpose is in
keeping with the scale of the development. To comply with the provisions of Policies GEN1,
D2 and STR1 of the adopted Flintshire Unitary Development Plan.
17. Prior to the erection of any fencing at the development site, details of the location,
type and finish of the fencing shall be submitted in writing for the written approval of
the local planning authority. The fencing shall be erected as approved.
REASON: In the event that the security status of the development site alters, provision is
made to enable appropriate security fencing to be erected. To ensure that any fencing does
not detract from the settings that may prevail around the site and in the interests of visual
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amenity. To comply with the provisions of Policies GEN1, D2 and STR1 of the adopted
Flintshire Unitary Development Plan.
RAILWAY RESOURCES
18. No part of the development, construction activity or operations in connection with the
permitted development shall interfere with or compromise railway safety.
REASON: In the interests of railway safety. A private railway siding is located close to the
site and it is possible that trains operated by third parties could utilise the line, or that the line
could be developed in the future. To comply with the provisions of Policies GEN1, STR1 and
AC7 of the adopted Flintshire Unitary Development Plan.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
NOTES TO APPLICANT
1. This permission relates to the following particulars received by the Local Planning
Authority.
•
Application Form and covering letter from Turley dated 23rd December 2014,
Received 23rd December 2014.
•
Location of Shotton Works site and location of proposed CHP plant within the
Shotton Works site showing land in the control of the applicant and application area,
drawing ref: 311582, drawing ref: 3116. Figure 1 showing land in the control of the
applicant, dated 08/05/2009, Received 23rd December 2014
•
Topographical Survey of the CHP Site, drawing ref: 3116.TOPO.01, dated
08/05/2009
•
Planning, Design & Access Statement including Waste Planning Assessment dated
19th December 2014, received 23rd December 2014
•
Addendum Environmental Statement dated 19th December 2014, received 23rd
December 2014
•
Non Technical Summary Addendum Environmental Statement dated 17TH February
2015, received 2nd March 2015.
•
Flood Consequence Assessment, Egniol Consulting, May 2009, received 23rd
December 2014
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Also, approved plans, reports, documents and particulars approved by planning permission
046316 are attached to this permission:

Application Form and covering letter from Egniol dated 15th May 2009,
received 19th May 2009.
•
Location of Shotton Works site, drawing ref: 3116. Figure 1 showing land in the
control of the applicant.
•
Location of proposed CHP plant within the Shotton Works site showing land in the
control of the applicant and application area, drawing ref: 3116.Figure 2
•
Site location and planning application boundary, drawing ref: 311582 dated 08.05.09
•
Existing site plan, drawing ref: 311583 dated 8.05.09
•
Proposed site layout, drawing ref: 311584 dated 12.05.09
•
Proposed site elevation from east, drawing ref: 311577 dated 07.04.09
•
Proposed elevations of main structures, drawing ref: 311578 dated 20.04.09
•
Topographic survey of the CHP site, drawing ref: 3116.TOPO.01 dated 08.05.09
•
Planning supporting statement, Egniol Consulting, May 2009
•
Environmental Statement, Egniol Consulting, May 2009
•
Air quality assessment (Corus Research, Development and Technology,
11th May 2009) (Appendix A of Environmental Statement)
•
Ecology Report (Black and Veatch, May 2009) (Appendix B of Environmental
Statement)
•
Flood Consequence Assessment, Egniol Consulting, May 2009
•
Access Statement
•
Design and Access Statement and covering letter, Egniol Consulting,
2 September 2009
•
Letters of clarification Egniol Consulting dated, 14th July 2009 regarding Network
Rail, 14th July 2009 regarding Flood Risk and TAN 15, and 17th July 2009 regarding
RSPB and wildlife.
2. You are reminded that this permission must be carried out strictly in accordance with the
above specified plans and the conditions referred to upon this certificate of decision. If any
amendments are proposed, you should NOT proceed without first obtaining the written
approval of the Local Planning Authority.
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3. Any development carried out without compliance with the plans and particulars forming
this permission, or without full compliance with the conditions 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.
4. In granting this planning permission, the local planning authority has taken into
consideration all of the environmental information provided in the Environmental Statement.
5. Reason for the Decision
In considering this application the Council has taken into account all the environmental
matters that are material to the determination of this application, as set out in the
Application, Supporting Statement, and the Environmental Statement and subsequent
addendums.
The Council has had regard to the derogation tests applicable to the European designated
sites, species and habitats, and is satisfied that there would be no significant adverse
impacts, which would be capable of negatively affecting the features of interest, range,
population, or favourable conservation status.
In determining this application, the Council has had regard to the Policies of the
Development Plan, and regional and national policy, legislation and guidance as listed
below. The development plan policies below have been used as the basis for the conditions
attached to this planning permission. This application has been determined in accordance
with The Town and Country Planning Acts and in the context of the Government’s current
planning policy guidance and the relevant circulars, together with the relevant Development
Plan policies, including those referred to under specific conditions above and below. The
proposed development gives rise to no material harm, is in accordance with the
development plan and there are no material considerations that indicate that the decision
should have been made otherwise.
Flintshire Unitary Development Plan (2011)
STR1
New Development
STR2
Transport
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STR3
Employment
STR7
Natural Environment
STR8
Built Environment
STR10
Resources
GEN1 General Requirements of Development
GEN6 Environmental Assessment
D1
Design Quality
D2
Location and Layout
D3
Design
D4
Landscaping
D5
Outdoor Lighting
WB1
Species Protection
WB2
Sites of International Importance
WB3
Sites of National Importance
AC13
Access and Traffic Impact
AC18
Parking
EM3
Development Zones
EM5
Expansion of Existing Concerns
EM7
Bad Neighbour Industry
EWP5
Energy Generation
EWP6 Areas of Search for new waste management facilities
EWP7 Managing Waste Sustainably
EWP8 Control of Waste Development and Operations
EWP12
Pollution
EWP13
Nuisance
EWP14
Derelict and Contaminated Land
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EWP16
Water Resources
EWP17
Flood Risk
National and Regional Policy and Guidance includes:
Planning Policy Wales (2010)
TAN5 Nature Conservation and Planning (2009)
TAN 8 Renewable Energy (2005)
TAN 11
Noise (2009)
TAN15
Development and Flood Risk (2004)
TAN 21
Waste (2014)
TAN 22
Planning For Sustainable Buildings (2010)
Towards Zero Waste – National Waste Strategy (2010)
North Wales Regional Waste Plan First Review (2009)
Collections, Infrastructure and Market Sector Plan (2012)
6. Environmental Permit
The development hereby approved will require an Environmental Permit. You are advised
to contact the Environment Agency. All environmental risk must be managed through an
environmental permit under Environmental Permitting Regulations England and Wales
(2010).
7.
Protected Species
Statutory protected species and nesting birds are known or likely to be present on in or
under land around the Site. You are reminded of your obligations to such species and the
need to obtain appropriate wildlife licences from the Welsh Government in the event that
statutorily protected species and habitat is found to be present within the Site where the
species and habitat need to be disturbed in order to carry out the permitted development.
Birds are protected by the Natural Environment and Rural Communities (NERC) Act (2006).
The bird breeding season is between 1st March and August 31st inclusive in any year where
no pruning or removal of trees/hedges should be carried out on site.
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8.
Water Resources and Sewerage
It is advised to contact Natural Resources Wales with regards to regulation of connecting to
a private sewerage treatment works.
9.
Utilities
Wales & West Utilities (Consultation response)
British Pipelines Agency (Consultation response)
10. Contaminated Land
The nearby historic land use and the railway line crossing to the site of the site have
potential to act as contaminative sources to controlled water receptors. It should be noted
that any site investigations should be undertaken in accordance with:
-
follow the risk management framework provided in CLR11, Model Procedures for the
Management of Land Contamination with dealing with land affected by contamination
Refer to the Environment Agency guidance on Requirements for Land Contamination
Reports which can be found along with additional guidance on www.environmentagency.gov.uk
Date of Recommendation: 30/04/2015
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