Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. Condition 16 of the planning permission for the Marchwood Energy Recovery Facility (ERF) restricts the waste to that collected by or on behalf of the Waste Collection Authorities in Hampshire and waste from other sources in Hampshire. The proposal is to vary this condition to give greater flexibility in the operation of the plant by extending the sources of waste to include commercial waste and from other waste collection authorities when there is spare capacity.

1.2. The issue is whether there are any environmental impacts from this proposed change. There would be no change in the capacity of the plant, lorry traffic or the type of waste, the change would be the source of the waste.

1.3. It is considered that the proposal would be in accordance with the development plan (Policies S5 and DC13) and would not materially harm the character of the area or the amenity of local residents (Policy DC8) and would be acceptable in terms of highway safety and convenience (Policy DC6).

2. Site and proposal

2.1. As shown on the attached plan the Marchwood Energy Recovery Facility (ERF) is located at Oceanic Way, within the Marchwood Industrial Estate. Access is gained via an approved haul route which is from the junction of Jacobs Gutter Lane with the A326, and then via Jacobs Gutter lane, Bury Road, Normandy Way and Cracknore Hard. Other than for vehicles involved in the collection of waste within Marchwood, Heavy Goods Vehicles (HGVs) delivering waste to the ERF are prohibited from using all other roads within the parish of Marchwood. Planning permission (69546) was granted for the Marchwood ERF in July 2001.

2.2. Condition 16 of planning permission 69546 states:

Waste incinerated at the plant or passing through the waste transfer station shall be restricted to waste collected on or on behalf of the Waste Collection Authorities in Hampshire and waste from other sources in Hampshire, including Household waste Recycling Centres, unless otherwise agreed in writing by the Waste Planning Authority.

2.3. The proposal is to vary this condition to give greater flexibility in the operation of the plant by extending the sources of waste to include commercial waste and from other waste collection authorities when there is spare capacity. No change is proposed to the capacity of the Energy Recovery Incinerator (ERF) nor to the type of waste, which will continue as permitted under the current Environmental Permit. Consequently there would also be no change in lorry traffic bringing waste for the plant. Similar applications for variation are being made for the other two ERFs in Hampshire to give consistency.

2.4. The objective of the application is to achieve greater efficiency in the operation of the ERFs and reducing the need for movement of waste across the county. The proposed variation would still ensure that capacity is available for the residual waste collected by Hampshire waste collection authorities but would enable any spare capacity that may become available to be utilised for other waste in a more efficient way than the current condition allows.

3. Development plan

3.1. Hampshire Portsmouth Southampton and New Forest National Park Minerals and Waste Core Strategy (July 2007) Policy S5 (Capacity Requirements for Recycling, Composting and Recovery and Treatment), Policy DC8 (Pollution, health, quality of life and amenity) and Policy DC13 (Waste Management and Recycling) are relevant.

4. Consultations

4.1. The Local Member, Councillor Harrison comments his primary responsibility is to represent the interests of the people in Marchwood and Totton South who will be directly impacted by future, ongoing usage of the site, way beyond what Hampshire County Council previously considered reasonable. On the basis that permission would likely extend the life of this activity he wants to object to this part of the application.

4.2. New Forest District Council raises no objection.

4.3. Environmental Health New Forest state as there will be no further loss of amenity and so have no comments.

4.4. Environment Agency comment application has a low environmental risk.

4.5. Highway Authority raises no objection.

4.6. Marchwood Parish Council fully support as increases the efficiency of a public amenity/service.

5. Representations

5.1. No representations received.

6. Commentary

6.1. The variation is to enable waste from commercial or other waste collection authorities to be accepted when there is spare capacity. Together with similar applications for the other two ERFs the purpose is to enable more efficient use of these facilities. The variation would not increase the capacity of the ERF, increase traffic movements above existing levels, nor change the types of waste and consequently would have little environmental impact.

6.2. In response to the concerns raised by Councillor Harrison, the planning permission is a permanent consent. Whilst the proposal would change the source of a proportion of the waste from that originally granted, this would have little impact for local residents.

6.3. Changes in waste collection, in particular increased recycling, since the facility was originally permitted means that there will be spare capacity. It would clearly be less efficient and less sustainable to run at a lower capacity when there was similar waste from other sources which needed disposal. The ERFs also provide a secure sustainable source of energy, which would be reduced if there was a lower capacity. In addition the standardisation of the condition for the three ERFs will enable the operator to manage the transport of waste more efficiently and sustainably, using the most appropriate facility for the waste and its source. Consequently it is recommended to grant permission.

7. Recommendation

7.1. That planning permission for the Proposed Variation of Condition 16 of PP:69546 to extend the range of waste to include other municipal or commercial waste in addition to waste collected by or on behalf of waste collection authorities in Hampshire at Marchwood Energy Recovery Facility, Oceanic Way, Marchwood. (Application No: 09/94435), be granted subject to the conditions in Appendix B.

Links to the Corporate Strategy

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CONDITIONS

Commencement

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(as amended) of the Town and Country Planning Act 1990.

Protection of Water Environment

2. No soakaways shall be constructed such that they penetrate the water-table, and they shall not in any event exceed three metres in depth below existing ground level or be constructed in contaminated land. No solid matter shall be deposited so that it passes or is likely to pass into any watercourse.

Reason: To prevent pollution of the water environment

3. The detailed surface water drainage scheme shall be implemented as approved.

Reason: To prevent pollution to the water environment.

4. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The bund capacity shall give 110% of the total volume for single and hydraulically linked tanks. If there is multiple tankage, the bund capacity shall be 110% of the largest tank or 25% of the total capacity of all tanks, whichever is the greatest. All filling points, vents, gauges and sight glasses and overflow pipes shall be located within the bund. There shall be no outlet connecting the bund to any drain, sewer or watercourse or discharging onto the ground. Associated pipework shall be located above ground where possible and protected from accidental damage.

Reason: To prevent pollution of the water environment.

5. All external storage bays and fuel and wheel wash areas, and all internal drains must drain to foul sewer.

Reason: To prevent pollution of ground water.

Noise

6. Noise from the operation of the plant shall not exceed 53dBLAeq, one hour when measured at the site boundary.

Reason: To prevent noise disturbance to the residents of the nearest houses.

Lighting

7. The lighting scheme shall be implemented as approved.

Reason: In the interests of visual amenity and to limit light pollution.

Waste type

8. Waste incinerated at the plant or passing through the waste transfer station shall be restricted to waste collected by or on behalf of the waste collection authorities in Hampshire and to other municipal and commercial waste in the event that the plant and/or the waste transfer station have capacity in excess of that required to meet the needs of the waste collection authorities in Hampshire.

Reason: To ensure the facility serves the waste disposal needs of Hampshire.

Environmental monitoring

9. The Environmental Monitoring Scheme shall be implemented as approved.

Reason: To monitor the environmental impacts of the development.

Operational impacts

10. The Scheme for managing the operation of the plant shall be implemented as approved.

Reason: To control the off-site environmental impacts arising from operation.

Restriction of Permitted Development Rights

11. Notwithstanding the provisions of Parts 4, 8 and 25 Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

(i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing;

(ii) no telecommunications antenna shall be installed or erected without the prior agreement of the Waste Planning Authority in writing;

Reason: To protect the amenities of the area.

Storage

12. There shall be no outside storage of waste, unless otherwise agreed in writing by the Waste Planning Authority.

Reason: To protect the amenities of the area.

Decommissioning

13. Following the decommissioning of the plant, a scheme and timetable for the demolition of the building and plant, and decontamination of the land, shall be submitted to the Waste Planning Authority for approval in writing. The scheme shall be implemented as approved.

Reason: To ensure that the land is capable of beneficial use as advised by Environment Circular 02/98

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

Hampshire Minerals and Waste Core Strategy DPD 2007

S5 - Capacity Requirements for Recycling, Composting and Recovery and Treatment

Waste management capacity (including specialist facilities as detailed in Policy S7) will be provided in the period to 2020, as follows:

· Recycling and Composting - facilities for the reception, storage, segregation and processing of 1.86 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up, transfer and contingency storage facilities);

· Recovery and Treatment - facilities for the reception, storage and treatment of 0.93 million tonnes a year of municipal, commercial and industrial waste (and associated bulking-up and transfer facilities).

DC8 - Pollution, health, quality of life and amenity

Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and/or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.

DC13 - Waste Management and Recycling (including Aggregate Recycling Facilities)

Waste management developments (excluding landfill) will be permitted provided that the site:

a. Is identified as a site, or within an area suitable for waste management uses, in the Hampshire Waste Management Plan or Minerals Plans, or

b. Re-uses/redevelops previously developed land and/or redundant agricultural and forestry buildings (including their curtilages), or

c. Is within a planned area of large-scale development, or

d. Is on employment land, preferably co-located with complementary activities, and

e. Has good access to, the minerals and waste lorry route as shown on the Key Diagram, and where possible, the site enables the use of water-borne and rail freight, and

f. In the case of recovery and treatment sites, incoming waste shall be subject to pre-treatment, either on or off site to maximise the potential for recycling, and where technically possible, energy will be generated and used and the by-products, including heat, will be reused or recycled, and

g. In the case of sites providing public access, the site shall be accessible for use by disabled people.