Agenda Item No.

Committee: / Regulatory
Planning Committee
Date: / 6 August 2008
Report by: / Director of Transport and Environment
Proposal: / Brighton and Hove Wastewater Treatment Project
Site Address: / New Waste Water Treatment Works & Sludge Recycling Centre at Peacehaven, Wastewater Flow Transfer Infrastructure from East Saltdean to the proposed Wastewater Treatment Works & Onward to a new Long Sea Outfall at Friar’s Bay, a New Pumping Station at Portobello in Telscombe Cliffs, Sewer Connections and Access Shafts.
Applicant: / Southern Water Services Ltd
Application No’s / LW/537/CM (EIA)
Key Issues: / Need
Policy Framework
Best Practicable Environmental Option (BPEO)
Alternative sites
Traffic impact
Landscape impact
Recreational impacts
Rights of Way
Air Quality
Noise
Ecology & nature conservation
Water protection
Impact of shaft and tunnelling works
Cultural heritage
Compatibility with land uses
Agricultural impact
Waste minimisation

SUMMARY OF RECOMMENDATIONS

The Committee is recommended to approve the application subject to completion of the following procedure by the Director of Transport and Environment:

1)To refer the application to the Secretary of State as being in conflict with provisions of parts of the development plan;

2) Subject to confirmation from the Secretary of State that she does not wish to call in the application and the completion of a satisfactory legal agreement/unilateral undertakingincluding the resolution of the matters in paragraph 3.13.; to authorise the grant of planning permission subject to the conditions along the lines set out in Appendix 3 of this report.

CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT

1.Introduction

1.1Southern Water submitted a planning application to this Authority in January 2008 for the development of the Brighton &Hove Wastewater Treatment Works and associated infrastructure, from the CountyBoundary to Friar’s Bay Peacehaven within East Sussex. The part of the proposal from Black Rock to the County boundary, which lies within the administrative boundary of Brighton & Hove,was granted planningpermission in December 2005. This application relates solely to those elements within the administrative boundary of East Sussex. The proposal requires the undertaking of an Environmental Impact Assessment (EIA),and an Environmental Statement (ES) comprising some 14 volumes was submitted as part of the application as well as a Design and Access statement and a Site Selection Review report. Additional supplementary information and plans have been submitted together with a unilateral undertaking.

1.2The proposed development has been the subject of two previous planning applications (ref: LW/429/CM (EIA) and LW/453/CM (EIA)) submitted in April 2005 and September 2005 as duplicates of one another. The applicant appealed against the non determination of planning application LW/429/CM (EIA) in September 2005 which the Planning Committee considered its view on in April 2005 and subsequently its view on the duplicate application in June 2006.A public inquiry was held in June & July 2006. The resultant decision was made by the Secretaries of State who dismissed the appeal and refused planning permission on 26th July 2007. Decisions on the associated Compulsory Purchase Orders and the Acquisition Extinguishment Orders were deferred. The duplicate planning application LW/453/CM (EIA) submitted in September 2005 was withdrawn by the applicant in October 2006 and therefore was never determined.

2.The Site

2.1The application site consists of a linear site, which follows the alignment of a proposed wastewater treatment transfer tunnel, between Saltdean Eastto the west of East Sussex, along the A259, passing Saltdean East and Telscombe Tye and onto the existing pumping station at Portobello. Thereafter, it aligns through Telscombe Cliffs and the western part of Peacehaven to undeveloped land on the south side of Lower Hoddern Farm where the treatment works is proposed. It then continues south-eastwards through the eastern part of Peacehaven and onto the coastal promenade at FriarsBay, from where wastewater would be discharged via a Long Sea Outfall (LSO) outside the administrative boundary of the County, which is marked by the mean low water mark.

2.2The site of the Wastewater Treatment Works /Sludge Recycling Centre (WTW/SRC) comprises agricultural land within a dry valley with access shown from the end of Hoyle Road. Part of the site lies within the boundary of the Sussex Downs Area of Outstanding Natural Beauty (AONB). This arealies immediately adjacent to the proposed development but is not affected by any permanent works. There is a public bridleway (Peacehaven 7a) which crosses the site and a public footpath to the east, as well as informal established footpaths on the edge of the urban area to this part of Peacehaven.

2.3Within Telscombe, between the A259 and the foot of the chalk cliffs, there is an existing Wastewater Treatment Works at Portobello, which discharges flows from the present catchment area through a Long Sea Outfall. These flows are subject to preliminary treatment (screening and grit removal) only. It is proposed to construct an intermediate pumping stationat the Portobello siteto transfer the flows of wastewater from Brighton Hove and intermediate catchments to the proposed new Peacehaven WTW/SRC. The site is within the Sussex Downs Area of Outstanding Natural Beauty and consists of grassed areas and a steeply inclined access to the treatment works. A public footpath and steps to the beach adjoin the eastern boundary. Beyond the boundary is the Badgers Watch Public House which is a grade II listed building. The cliffs at FriarsBay and Portobello form part of the designated Brighton to Newhaven Cliffs Site of Special Scientific Interest (SSSI).

3.The Proposal

3.1The development involves the provision of a WTW/SRC at Lower Hoddern Farm Peacehaven and the associated infrastructure to enable wastewater to be forwarded to the works from the catchment, including the necessary pumping facilities, and a new Long Sea Outfall (LSO)at FriarsBay between Peacehaven and Newhaven. The proposed developmentwould serve the Brighton & Hove catchment area, including Brighton Hove together with Roedean, Woodingdean, Ovingdean, Rottingdean, Saltdean, Telscombe Cliffs and Peacehaven.

3.2The proposal for which this application relates will require three main tunnels; the first runs from within the Brighton & Hove part of the development at Black Rock to Portobello to transfer flows in a new interceptor sewer, which would replace an existing Victorian sewer that suffers from saline water intrusion and is in need of repair. This part of the tunnelling falls within the ESCC boundary between a new shaft at Saltdean and the new shaft at Saltdean East. The new sewer is to be built above sea level and when operational will allow the existing sewer to be repaired and used to forward storm water flows to the existing LSO at Portobello. A plan is attached to the additional information accompanying this agenda item, showing a diagrammatic layout of the present and proposed arrangement of infrastructure with this proposal. The second tunnel is to link Portobello to the new WTW/SRC and the third tunnel is to allow the treated water to be discharged to the sea through the new LSO. The first tunnel is to be constructed from Ovingdean and the last two from the WTW/SRC site at Peacehaven with spoil being used to re profile the landform and provide screening to the works. The method of tunnel construction from the WTW/SRC site involves the provision of a temporary railway to carry tunnelling segments and spoil entirely within the newly formed tunnels.

3.3The proposed development in East Sussex would include the following works:

  • a3metresdiameter shaft at Saltdean East, to intercept an existing sewer on land to the north of the A259 South Coast Road, approximately 50m west of the junction with Hamsey Road in the grounds of Martlett House;
  • apermanent new waste water pumping station on the existing site at Portobello (which will take flows of waste water received from the west and those received from the Peacehaven/ Telscombe catchment’s) involving the lifting of flows arriving from Marine Drive pumping station to a higher level in order to allow wastewater to flow by gravity towards the new WTW/SRC at Peacehaven. Three linked shafts are proposed, two 6metres in diameter and the third 17.5metres in diameter.
  • a 3metres diameter shaft in the south eastern section of the Meridian Centre Car Park off Greenwich Way in Peacehaven (this is to allow emergency access to the tunnel which is being driven from the WTW/SRC site to Portobello;
  • construction and use of a waste water treatment works and sludge recycling centre on land at Lower Hoddern Farm, Peacehaven, which would include the following:
  • a new access from Hoyle Road;
  • landscaping and terrain remodelling including reuse of tunnelled materials;
  • flow transfer infrastructure and access shafts;
  • buildings housing waste water (including cess) treatment and sludge digestion, drying and recycling plant, machinery and equipment;
  • external waste water (including cess) treatment and sludge digestion, drying and recycling plant, machinery and structures;
  • facility to accept cesspit waste;
  • provision of an odour treatment vent stack to a height of 8m above roofline;
  • Provision of a Combined Heat and Power plant and associated vent stack;
  • Provision of a Green Roof on eastern and southern sections of the works;
  • use of part of the site as amenity land including the provision of a platform for potential future sports pitch provision;
  • the diversion of existing rights of way affecting the site;
  • a secure inner fence and an outer post-and-wire site fence;
  • a temporary construction compound with a secure site fence or hoarding.
  • a tunnel service shaft on open land to the north of the highway at PeacehavenHeights, to the south of the A259 South Coast Road. This is to be used to recover the tunnelling machine when it has completed the bore from the WTW/SRC site, and allow a different ‘pipejack’ tunnelling machine to be installed for the construction of the remaining length of the Long Sea Outfall(LSO) tunnel.
  • atunnel service shaft on the coastal under cliff promenade below PeacehavenHeights, to the south of the A259 South Coast Road;
  • an underground waste water transfer tunnel following a coastal route from Saltdean south-east to Portobello and then onto the wastewater treatment works and south-east to FriarsBaycontinuing into the LSO. This tunnel is to have an inside diameter of 2.4m for most of its length.

3.4The WTW/SRC site is located at the northern edge of Peacehaven on arable land, which forms part of Lower Hoddern Farm. The WTW/SRC is to treat flows from the Brighton & Hove catchment area to provide preliminary treatment (screening and grit removal), primary treatment (settlement of solids), and secondary treatment (biological treatment to remove solids and organic matter).In addition, the facility would provide treatment for cesspit waste collected from septic tanks from parts of the local area, which are not connected to the mains sewerage system, and for raw sludge cake from the Newhaven WTW, which does not have the capacity to digest or dry sludge. The sludge import and export facilities, together with the sludge drying and odour control facilities would be located within a single large building, the SRC. According to the applicant, this building will ensure the capture of fugitive foul odours from sludge processing and handling activities, as well as keeping vehicle movements under one roof. The odour control plant within the SRC would include multiple stages of ‘chemical’ scrubbing before discharging the treated air to the atmosphere via the extraction vent. All wastewater treatment outside the building is to include covers and the capture of any foul air. A new element introduced to the scheme since the previous application is the provision of a combined heat and power (CHP) facility which will utilise biogas produced by the sludge digestion process to generate electricity and heat. The applicant has indicated that the CHP facility will provide approximately a quarter of the treatment works power demands including the use of the generated heat within the anaerobic digesters.

3.5Allowance has been made for future additions to the WTW, if required by changes in the treatment standards, to provide tertiary treatment. Space for ultra-violetand nutrient treatment of wastewater and associated equipment has been reserved within the site layout and an area to the west of the site.

3.6Access to the site would be from the west of the site from the A259 via Hoyle Road, Greenwich Way and Sutton Avenueand involve the construction of a new access route 6m in width through the site. The connection to Hoyle Road would be made via a new section of road currently proposed by another developerin connection with adjacent employment land from Hoyle Road to Bolney Avenue.

3.7The WTW/SRC compound would occupy an elliptical area, within a security fence, that measures 410m in length by 126m in width,together with an adjacent fenced ‘operational area’,which extends to 14.3ha which will be enclosed by a post and wire fence. The WTW/SRC building would be set into the base of the dry valley feature that presently exists on the site with ground levels in the western future tertiary treatment area being lowered by heights varying between approximately 3-7m and in the eastern SRC building approximately 2-13m. The odour control stack would be approximately 2.5m in diameter and is to be located above the SRC, with a height of approximately 8 metres above the roofline of the building. Boiler and CHP flues would protrude approximately 3 metres above the roofline of the building. The SRC building which occupies the eastern section of the works and the southern section of the works will be contained under a ‘green roof’ structure which will be laid on the top of a corrugated metal roof deck upon which a growing medium will be placed and pre grown turf laid with an irrigation system included below.

3.8The proposal includes a substantial element of land re-profiling in an attempt to screen and contain views of the WTW/SRC and to blend with the wider rolling chalk downland setting. The reduction in existing ground levels to 23m AOD where the proposed future tertiary treatment area is located will create additional spoil which will be utilised for screening mounds tothe north and west of the building and to the east to raise land levels and contain views of the works from the north, west and east. The eastern mound will rise to 36.5m AOD some 13.5m above the lowest point of the landform as it presently exists, the landform is intended to blend with the existing undulating landform which surrounds the site. The mound would also include native scrub planting which would provide an additional level of screening of the proposed works. To the south of the works the building will be contained by mounding which continues along from the newly formed eastern mound and will also include the provision of new native woodland and scrub areas. Areas of grassland are also proposed surrounding all sides of the development. Two small ponds are proposed to improve the habitat for the great crested newt population which currently inhabit the disused agricultural reservoir to the south of the proposed WTW/SRC building.

3.9Bridleway 7a crosses the site and a permanent diversion is proposed which follows a path on the western boundary of the WTW/SRC and then continues to the north. In addition Footpath No.8 which lies along the eastern boundary of the construction area would be separated by fencing so that its use can be retained.

3.10Proposed construction times at the WTW/SRC and shaft work sites would be from 07.00 to 19.00 Mondays to Fridays and from 07.00 to 13.00 on Saturdays.Some 24 hour working would be required at shaft sites during tunnelling operations. It is expected that once commissioned, the works will be staffed on a 24hour basis with deliveries and the export of finished soil conditioner product confined to between 07.30 and 16.00.

3.11The proposed pumping station at Portobello involves the main shaft some 27m deep by 17.5m diameter, a secondary shaft approximately 15m deep together with an underground building that is formed by the excavation of chalk to realign the internal site access to the existing works.The roof of the pumping station would be covered with soil to allow for it to be grassed, effectively forming a ‘green roof’ type structure. Access to the pumping station and existing works would remain as it presently exists. The existing boundary wall beside the A259 is to be replaced with a raked brick, flint and mortar wall. In addition an area of existing hard standing at the pumping station site and existing redundant fences near the cliff edge will be removed.

3.12The Friars Bay long sea outfall requires a separate consent from the Department for Environment, Food and Rural Affairs (DEFRA). The element of the proposals below mean low water mark is, therefore, not within the control of the County Council as Waste Planning Authority.

3.13The applicant has also proposed a Section 106 Unilateral Undertaking which briefly includes the following terms;