Development Control Committee Meeting to be held on 17

12 Pages·2013·0.08 MB·English

Development Control Committee
Meeting to be held on 17 April 2013

Electoral Division affected:
Skelmersdale East

West Lancashire Borough: Application No. 08/13/0140
Construction of a bioliquid to energy facility for the production of electricity
from three generators powered by waste cooking oil, and associated two oil
storage tanks, slops tank and pumping equipment. West Quarry Railway Pad,
Appley Lane North, Appley Bridge.

Contact for further information:
Rob Jones, 01772 534128, Environment Directorate
[email protected]

Executive Summary

Application – Construction of a bioliquid to energy facility for the production of
electricity from three generators powered by waste cooking oil, and associated two
oil storage tanks, slops tank and pumping equipment. West Quarry Railway Pad,
Appley Lane North, Appley Bridge.

Recommendation – Summary

That planning permission be granted subject to conditions controlling time limits,
working programme, noise, dust, hours of working, building materials, safeguarding
of watercourses and drainage, highway matters and floodlighting.

Applicant’s Proposal

Planning permission is sought for the construction of a bioliquid to energy facility for
the production of electricity from three generators powered by waste cooking oil, and
associated two oil storage tanks, slops tank and pumping equipment on an existing
fenced compound on the edge of the West Quarry Railway Pad. The electricity
produced would be fed into the national grid via an existing grid connection at the
site. The generators would have an annual generating capacity of 5MW.

The three generators would each be housed in containers measuring 13m x 6m x
4.7m high. Generator exhaust chimneys to a height of 7m (measured from ground
level) would protrude from the top of the containers. The materials and colour of the
containers has not been provided. The two circular oil storage tanks constructed
from carbon steel clad with aluminium sheeting measuring 4.5m in diameter x 8.3m
high along with a slops tank measuring 2m in diameter x 14.5m high would be
constructed within a contained bunded area.
The oil would be imported to the site by an average of 5 HGV's a day and stored
within the bunded storage tanks (equivalent to 15,200 tonnes per annum). The oil
would be transferred from the HGV's in a dedicated tanker offloading area.

The facility is proposed to operate 24 hours a day, 7 days a week.

Description and Location of Site

The proposed development would be located in a disused fenced off area previously
used to accommodate landfill gas powered electricity producing generators
associated with the former West Quarry landfill site on the north side of a part of the
disused West Quarry Railway Pad. The area measures approximately 110m x 30m
and contains an existing maintenance building and a car parking area. The area is
surrounded by 2m high palisade fencing.

The former railway pad is located on the north side of the Manchester-Southport
railway line to the west of Appley Bridge. The site is approximately 17m from the
edge of the railway. The restored West Quarry landfill site is immediately to the
north of the site with a fish farm located to the west. An industrial area is located
40m away on the south side of the railway line beyond which is the Leeds-Liverpool
canal, a controlled water course. The closest residential properties are situated
approximately 300m to the north-east of the site beyond the restored West Quarry
landfill site and 300m to the south-east of the fronting the east side of Appley Lane
North.

The site is accessed via a private road on the west side of Appley Lane North.
Access to the road is restricted by double metal access gates approximately 7.5m
wide x 2m high. The gates are set back approximately 9m from the edge of Appley
Lane North and 7m from the back edge of the footpath.

Background

History

Planning permission for an alternative restoration scheme providing for temporary
retention of rail terminal and pad and temporary retention of gas/ leachate
management facility was granted in September 1999 (ref. 8/99/206).

Planning Policy

Framework Directive on Waste
A Community Strategy for Waste Management
EU Sustainable Development Strategy 2001
Securing the Future (UK Strategy for Sustainable Development)
Waste Management Licensing Regulations 1994

PPS10 Planning for Sustainable Waste Management

National Planning Policy Framework (NPPF)
Paragraphs 11 – 14, 17, 19 and 56 are relevant with regard to the requirement for
sustainable development, core planning principles, building a strong, competitive
economy and good design.

Joint Lancashire Minerals and Waste Development Framework Core Strategy
(JLMWDF)

Policy CS7 Managing our waste as a resource

Lancashire Minerals and Waste Local Plan

Policy 2 Quality of life
Policy 21 Wildlife Corridors
Policy 23 Water Resource Protection
Policy 37 Strategic Road Network
Policy 112 Standards of Operation

West Lancashire Replacement Local Plan

Policy GD1 Design of Development
Policy EN1 Biodiversity
Policy EN11 Protection of Water Resources
Policy SC8 Land at the Railway Pad, Appley Bridge

Draft West Lancashire Local Plan 2012-2027

Policy GN1 Settlement Boundaries
Policy IF2 Enhancing Sustainable Transport Choice
Policy EN2 Preserving and Enhancing West Lancashire's Natural Environment

Consultations

West Lancashire Borough Council – No objection

Wrightington Parish Council – No observations received.

LCC Assistant Director (Highways) – No objection. Is of the opinion that the
proposed development should have a negligible impact on highway safety and
highway capacity in the immediate vicinity of the site providing any permission is
subject to conditions to require the following:

• A Traffic Management Plan for the construction vehicles and staff
accessing the site during the construction works be submitted and
approved in writing prior to the commencement of the development.
• The provision of wheel cleaning facilities for the full period of construction.
• The roads adjacent to the site shall be mechanically swept as required
during the full construction period.
• Before the access is used for vehicular purposes, any gateposts erected
at the access shall be positioned 10m behind the nearside edge of the
footway. The gates shall open away from the highway.
• The layout of the development shall include provisions to enable vehicles
to enter and leave the highway in forward gear and such provisions shall
be laid out in accordance with the approved plan and the vehicular turning
space shall be laid out and be available for use before the development is
brought into use and maintained thereafter.
• A car park and manoeuvring scheme to be submitted and approved in
writing. The car parking spaces and manoeuvring areas should be
marked out in accordance with the approved plan, before the use of the
premises hereby permitted becomes operative and permanently
maintained thereafter.
• There should be no more than 5 HGV deliveries to the site per day and to
be outside the hours of 08:00 to 09:00am and 17:00 to 18:00pm peak
periods.

Environment Agency – No objection. The applicant should ensure that surface water
is disposed of via interceptors to ensure that in the case of an incident, no vegetable
oil or other potential pollutants enter the Leeds Liverpool Canal via the surface
drainage system.

Network Rail – No objection but make the following comments:

• The nearest Network Rail structure that could be potentially affected by
the proposals is the bridge on Appley Lane that has a capacity of 40
tonnes. An appreciable increase in traffic over the bridge could affect its
serviceability. Applications that are likely to generate an increase in trips
under railway bridges increase the potential for a ‘Bridge strike’.
Consultation with Network Rail's Asset Protection Engineers is necessary
to understand if there is a problem.
• All commercial developments within 10m of the operational railway line
and Network Rail land should be flagged up to Network Rail by the
applicant. The applicant is to supply a risk assessment and a method
statement for the works on site to the Asset Protection Engineer for review
and approval. No works are to commence on site without the approval of
the Network Rail Asset Protection Engineer.

Canal and River Trust – No objection.

Representations – The application has been advertised by press and site notice and
local residents informed by individual letter. One representation has been received
from Shevington Parish Council concerned that the proposal has no connection with
the local area as used cooking oil will be brought onto the site. This is different from
the previous electricity generation use on the site that involved the burning of landfill
gas from the West Quarry landfill site. The proposal would be contrary to Policy SC8
of the West Lancashire Replacement Local Plan as the fuel would be taken to the
site by HGV. The presence of HGV's will further aggravate the traffic situation on
Appley Lane North that suffers from all day commuter parking. The impact
assessments submitted with the application only measures the impact of
atmospheric pollution as far east as Appley Lane North. This gives no comfort that
the impact of smells and wind will not be felt further east in Shevington Parish, which
would be unusual given the prevailing wind.
Advice

Director of Transport and Environment – Observations

Planning permission is sought for the use of an area previously used for the siting of
landfill gas powered electricity producing generators associated with the West
Quarry landfill site, for the installation of three electricity generators to be powered by
waste cooking oil along with associated storage facilities. The oil would be imported
to the site on a daily basis by HGV.

When considering applications for waste development a local planning authority
must have regard to the EU Waste Framework Directive, which has been made part
of domestic law by the Waste Management Licensing Regulations 1994. This
legislation provides that the local planning authority must have regard to the ‘relevant
objectives’, which are ensuring that waste is recovered or disposed of without
endangering human health and without using processes or methods that could harm
the environment and, in particular, without risk to water, air, soil, plants or animals; or
causing nuisance through noise or odours; or adversely affecting the countryside or
places of special interest.

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires planning
applications to be determined in accordance with the Development Plan, unless
material considerations indicate otherwise. In considering the issues that arise from
the proposed development it is not only necessary to take into consideration the
relevant policies of the Development Plan but also the planning history of the site
and all other material planning considerations. Government policy is a material
consideration that should be given appropriate weight in the decision making
process.

National policy seeks to achieve sustainable waste management by moving the
management of waste up the ‘waste hierarchy’ of reduction, re-use, recycling,
composting, using waste as a source of energy and only disposing of waste as a last
resort. PPS 10 stresses that the wider environmental and economic benefits of
sustainable waste management are material considerations that should be given
significant weight in determining planning applications.

The Development Plan for the site is made up of the Lancashire Minerals and Waste
Local Plan 2003 (LMWLP), the Joint Lancashire Minerals and Waste Local
Development Framework Core Strategy (JLMWDF), the West Lancashire
Replacement Local Plan and the Draft West Lancashire Local Plan 2012-2027. The
Lancashire Minerals and Waste Local Plan and the Minerals and Waste Local
Development Framework were prepared with regard to the EU Waste Framework
Directive and Paragraph 4 of Part 1 of Schedule 4 of the Waste Management
Licensing Regulations 1994. The ‘relevant objectives’ are referred to in the plan and
the policies were prepared to reflect the intentions of such.

National and Regional Planning Policy encourages recycling and the re-use of
waste. The operations on site include the recycling of waste cooking oil to produce
electricity to be fed into the national grid. Policy CS7 of the Joint Lancashire
Minerals and Waste Development Framework Core Strategy refers to managing and
putting our waste to a good and a more resourceful use, which includes energy
recovery. In principle the development accords with the Government’s Waste
Management Strategy.

The site is located on the railway pad at Appley Bridge, which is classed as
brownfield land within a settlement boundary, and is the subject of Policy SC8 of the
West Lancashire Replacement Local Plan which seeks to safeguard small scale rail
based facilities that would not cause harm to the local network due to HGV
movements. Development which would prejudice such future uses will not be
permitted unless there has been a conclusive demonstration that such uses are not
viable. Policy IF2 of the Draft West Lancashire Local Plan does will not allow
development which could prejudice the use of the land at the railway pad.

The location of the proposal within the existing disused fenced off compound area
would not affect the remaining area of the West Quarry Railway Pad, the railway line
and directly or indirectly affect any site with statutory or local ecological or
environmental designations. The main view of the site would be from the industrial
estate on the opposite side of the railway line to the south. The restored West
Quarry landfill site would screen the site from the north, east and west. The site is
located on the edge of the Green Belt but it is not expected to affect the openness or
character of the area or adversely affect the Green Belt when the site is viewed from
within the Green Belt. It is therefore considered that the proposed development
would not lead to any unacceptable visual impact on the area or on the Green Belt
and accords with the policies of the development plan.

The proposal would generate an average of 5 HGV's a day delivering waste oil to the
site. Traffic levels may be higher during the construction phase, albeit for a short
period. The site would be accessed using the existing road to the West Quarry
Railway Pad from Appley Lane North. The LCC Assistant Director (Highways) has
advised that the proposed development should have a negligible impact on highway
safety and highway capacity in the immediate vicinity of the site providing any
permission is subject to conditions to require a Traffic Management Plan for the
construction vehicles and staff accessing the site during the construction works, the
provision of wheel cleaning facilities, the mechanical sweeping of roads adjacent to
the site, the repositioning of access gates 10m behind the nearside edge of the
footway which should open away from the highway, all vehicles to enter and leave
the highway in forward gear, a car park and manoeuvring scheme and a limit on the
number of HGV deliveries to the site per day and to be outside the hours of 08:00 to
09:00am and 17:00 to 18:00pm peak periods.

Given the nature of the site, the fact that the site is accessed via a hard standing and
the level of vehicle movement anticipated as part of the construction and operation
phases, it is considered that requirements for a Traffic Management Plan for the
construction vehicles and staff accessing the site during the construction works, the
provision of wheel cleaning facilities, the mechanical sweeping of roads adjacent to
the site, all vehicles to enter and leave the highway in forward gear, a car park and
manoeuvring scheme and a limit on the number of HGV deliveries to the site per day
and to be outside the hours of 08:00 to 09:00am and 17:00 to 18:00pm peak periods
are unnecessary. Conditions are proposed requiring the gates to Appley Lane North
to be set back and restricting vehicle numbers delivering oil to the site to ensure the
operation does not generate a frequency of movements that would generate an
unacceptable impact on the highway and can be reviewed if an increase is required.

The generators would be fitted with effective silencing and sound proofing equipment
and housed within containers. Subject to conditions requiring details of the
containers and their colour, controlling noise, and the safeguarding of watercourses
the development is considered acceptable and would conform with the policies of the
development plan. The requirements of Network Rail are included as an advisory
note to the applicant as part of the recommendation.

Shevington Parish Council has expressed concern to the use of the site and origin of
materials and highway issues. The air emissions assessment submitted with the
application has concluded that the development would not have an adverse impact
on the atmosphere via emissions and that there would be no adverse impact on
amenity associated with wind borne odours. Given the nature of the proposal for the
storage of oils and their combustion to generate power it is not expected that odours
would be generated and the assessment is considered acceptable. LCC Assistant
Director Highways has advised that the level of vehicle movements can be
accommodated on the local highway network and that they would have negligible
effect on vehicle flows or highway safety.

The location and nature of the development and the imposition of conditions would
ensure that there would be no visual adverse effect from the development and on the
surrounding highway network, ground and surface waters, noise, dust and lighting.
The development would therefore accord with the policies of the NPPF and Policy
CS7 of the Joint Lancashire Minerals and Waste Development Framework Core
Strategy, Policies 2, 21, 23, 37 and 112 of the Lancashire Minerals and Waste Local
Plan, Policies GD1, EN1, EN11 and SC8 of the West Lancashire Replacement Local
Plan and Policies GN1, IF2 and EN2 of the Draft West Lancashire Local Plan 2012-
2027.

In view of the scale, location and nature of the proposed development it is
considered no Convention Rights as set out in the Human Rights Act 1998 would be
affected.

Summary of Reasons for Decision

The development would produce renewable energy from waste cooking oil in a
sustainable way and divert waste oils away from landfill. The use of the disused
fenced off compound area on the north side of a part of the West Quarry Railway
Pad would not prejudice the use of the land at the railway pad for future
development. The increase in heavy goods vehicle movements would not cause
harm to the local highway network or amenities of the area or nearest residential
properties. The development would not cause any unacceptable visual impact when
seen from outside the site or to the Green Belt. The operation of the generators
would not lead to an unacceptable impact on the atmosphere and the incineration of
waste oils would not lead to the migration of odour off the site. The proposal
complies with the policies of the National Planning Policy Framework and the
policies of the Development Plan. The policies of the Development Plan relevant to
this decision are:

Joint Lancashire Minerals and Waste Development Framework Core Strategy

Policy CS7 Managing our waste as a resource

Lancashire Minerals and Waste Local Plan

Policy 2 Quality of life
Policy 21 Wildlife Corridors
Policy 23 Water Resource Protection
Policy 37 Strategic Road Network
Policy 112 Standards of Operation

West Lancashire Replacement Local Plan

Policy GD1 Design of Development
Policy EN1 Biodiversity
Policy EN11 Protection of Water Resources
Policy SC8 Land at the Railway Pad, Appley Bridge

Draft West Lancashire Local Plan 2012-2027

Policy GN1 Settlement Boundaries
Policy IF2 Enhancing Sustainable Transport Choice
Policy EN2 Preserving and Enhancing West Lancashire's Natural Environment

The County Council has worked with the applicant in a positive and pro-active
manner based on seeking solutions to problems arising in the processing of the
planning application in full accordance with paragraphs 186 and 187 of the National
Planning Policy Framework and for the purposes of Article 31 of the Town and
Country Development Management Procedure Order 2012, Statement of
Compliance.

Recommendation

That planning permission be granted subject to the following conditions:

Time Limits

1. The development shall commence not later than 3 years from the date of this
permission.

Reason: Imposed pursuant to Section 91 (1) (a) of the Town and Country
Planning Act 1990.

2. Written notification of the date of commencement of the construction phase of
the development shall be sent to the County Planning Authority within 7 days
of such commencement.
Reason: To enable the County Planning Authority to monitor the
development to ensure compliance with this permission and to conform
with Policies 2 and 112 of the Lancashire Minerals and Waste Local
Plan.

Working Programme

3. The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following
documents:

a) The Planning Application received by the County Planning
Authority on 04th February 2013 and the Air Quality Assessment
received on 22nd February 2013.

b) Submitted plans received by the County Planning Authority
on 04th February 2013:

Drawing No. D5868-MP-1008 - Existing Site Arrangement
Drawing No. D5868-MP-1007 - Proposed Site
Arrangement

c) All schemes and programmes approved in accordance with
this permission.

Reason: For the avoidance of doubt, to enable the County Planning Authority
to adequately control the development and to minimise the impact of the
development on the amenities of the local area, and to conform with Policy
CS7 of the Joint Lancashire Minerals and Waste Development Framework
Core Strategy, Policies 2, 21, 23, 37 and 112 of the Lancashire Minerals and
Waste Local Plan, Policies GD1, EN1, EN11 and SC8 of the West Lancashire
Replacement Local Plan and Policies GN1, IF2 and EN2 of the Draft West
Lancashire Local Plan 2012-2027.

Control of Noise

4. All plant, equipment and machinery used in connection with the construction
phase, operation and maintenance of the site shall be equipped with effective
silencing equipment or sound proofing equipment to the standard of design
set out in the manufacturer's specification and shall be maintained in
accordance with that specification at all times throughout the construction
phase, operation and maintenance of the site.

Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2
and 112 of the Lancashire Minerals and Waste Local Plan and Policy
GD1 of the West Lancashire Replacement Local Plan.

Dust
5. Measures shall be taken at all times during the construction phase, operation
and maintenance of the development to minimise the generation of dust and
prevent its migration off site.

Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2
and 112 of the Lancashire Minerals and Waste Local Plan.

Hours of Working

6. No site construction works, delivery or removal of materials associated with
the construction phase of the site or the delivery or removal of waste cooking
oil and residual wastes associated with the operation of the site shall take
place outside the hours of:

0900 to 1700 hours, Mondays to Sundays (excluding Public
Holidays)

This condition shall not however operate so as to prevent the carrying
out, outside of these hours, of essential repairs to plant and machinery
used on the site.

Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policies 2, 37 and
112 of the Lancashire Minerals and Waste Local Plan.

Building Materials

7. No development shall commence until details of the materials and colours of
the electricity generator housing have been submitted to and approved in
writing by the County Planning Authority. Thereafter, the development shall be
constructed in accordance with the approved materials and shall be painted in
the approved colour within one month of the completion of the construction
phase of the development.

Reason: In the interests of the visual and general amenities of the locality and
in order to conform with Policies 2 and 112 of the Lancashire Minerals and
Waste Local Plan and Policy GD1 of the West Lancashire Replacement Local
Plan.

Safeguarding of Watercourses and Drainage

8. Any chemical, oil or fuel storage containers on the site shall be sited on an
impervious surface with bund walls; the bunded areas shall be capable of
containing 110% of the container or containers’ total volume and shall enclose
within their curtilage all fill and draw pipes, vents, gauges and sight glasses.
There must be no drain through the bund floor or walls. Double skinned tanks
may be used as an alternative only when the design and construction has first
been approved, in writing, by the County Planning Authority.