DELEGATED REPORT

Report considered and agreed by Head of Planning

Tony Cook…………………….. date …13/11/12………

Report considered and agreed by Team Manager, Planning Development Control

…Sarah Iles………………….. date …12 November 2012………

Report by: / Director of Economy, Transport and Environment
Proposal: / Installation of a Combined Heat and Power (CHP) plant
Site Address: / Bexhill & Hastings Wastewater Treatment Works, Freshfields, Bexhill Road, Pebsham, TN38 8AY
Applicant: / Southern Water
Application No. / RR/698/CM
Key Issues: / I.  Renewable Energy and Wastewater Management
II.  Effect on Residential Amenity
III.  Effect on Air Quality
IV.  Effect on the Landscape
Contact Officer: / Holly Bonds, Tel. No. 01273 481595
Local Member:
/ Councillor Martin John Kenward

RESOLUTION OF THE DIRECTOR OF ECONOMY, TRANSPORT AND ENVIRONMENT:

Under the powers delegated to me by the Governance Committee on 30 January 2003, I resolve to approve the proposal subject to the conditions set out in the recommendation.

CONSIDERATION OF RELEVANT PLANNING MATTERS

1. The Site and Surroundings

1.1 The Bexhill and Hastings Wastewater Treatment Works (WTW) is located at Pebsham, between Bexhill and St. Leonards. It is approximately 1.2 kilometres inland and is reached via Freshfields, a lane which leads north from the A259 Bexhill Road. To the north of the WTW is agricultural land, to the west is an area of woodland, to the east is a landfill site (part of which is restored), and to the south is woodland and a Waste Transfer Station and a Recycling Centre. To the south-west is a residential area. The Combe Haven Site of Special Scientific Interest (SSSI) lies 330 metres north of the site. The closest residential properties to the WTW lie about 230 metres south of the boundary. The WTW is outside any development boundary and within an area defined as a strategic gap between Bexhill and St. Leonards.

1.2 The WTW occupies a large site containing a number of structures of varying sizes, and some paved and grassed areas. The area that is the subject of this planning application is an existing hard-standing in the central part of the site, close to existing tanks and buildings. It is 100 metres from the closest site boundary, and 380 metres from the closest residential property.

1.3 An Air Quality Management Area (AQMA) is located at Bexhill Road, 1 kilometre south of the application site. The AQMA was designated because levels of Particulate Matter (PM) are above the national standard, and Hastings Borough Council is seeking to reduce the levels. PM comes largely from road traffic.

2. The Proposal

2.1 Planning permission is sought for the installation of a package Combined Heat and Power plant. The plant would comprise: a biogas engine coupled to a synchronous alternator, an air blast cooler and siloxane filter, and a stack which would be up to 15 metres high. The engine/ alternator would be accommodated, with a control system, within a steel container (building). The building would have a rectangular footprint measuring 8.5 metres by 3 metres, and would stand at a height of 3.5 metres. It would have a flat roof and a door on one elevation, but no windows. The building would be sited on a concrete slab. The cooler would be sited just south of the building and would measure 6 metres by 2.5 metres, at 1.8 metres high.

2.2 The engine would be fuelled by biogas, which is a naturally occurring by-product of the digestion process at sewage treatment works. The CHP plant would produce electricity for use within the wastewater treatment works, to power existing processes. It is anticipated that the electricity demands of the WTW would normally exceed the CHP plant’s electrical output, and the shortfall would be drawn from the National Grid. However, there may be periods of low power demand when the output from the CHP plant exceeds the site demand, and under these circumstances the surplus power would be exported back into the National Grid using existing infrastructure. The heat produced by the CHP process would be recovered from the engine and exhaust systems, and utilised to heat water for use in the wastewater treatment processes on site.

2.3 There is no proposal to increase the amount of wastewater managed at the site. The operation of the CHP system would be monitored remotely, and there is expected to be 1 visit per week by an engineer to carry out routine servicing, once the system is operational. The system would operate 24 hours a day, all year round. Construction is expected to last for 4 months and generate up to 5 additional vehicle visits per day.

3. Site History

3.1  2000 – Granted – RR/245/CM - Wastewater treatment works and sludge recycling centre with associated vehicular access and temporary construction compound.

3.2  2006 – Granted – RR/484/CM - Erection of steel frame building to enclose 4 existing blower units.

3.3  2009 – Withdrawn - RR/527/CM - Application for planning permission for the development of land without complying with condition 29 (odour emissions) and condition 31 (dewatered liquid sewage sludge) of planning permission RR/245/CM.

4. Consultations and Representations

4.1 Rother District Council – raises no objections.

4.2 Environmental Health Officer, Rother District Council – recommends that conditions 35, 36 and 37 of planning permission RR/245/CM are repeated. These conditions include noise levels which must be met during the day and at night, and require noise monitoring to be carried out within 1 month of the completion of the development. Furthermore, odour from the plant should not be perceivable beyond the boundary of the premises, and controls relating to emissions and the testing of emissions should be applied to any planning permission. The Environmental Health Officer (EHO) has further commented that the site is close to an Air Quality Management Area which falls within Hastings Borough, and consequently the Hastings Borough Council Environmental Health Officer should also be consulted.

4.3 Hastings Borough Council (adjoining Local Planning Authority) – raises no objections.

4.4 Environmental Protection Manager, Hastings Borough Council – raises no objections. It is considered that the development would have no adverse effect on the Air Quality Management Area (AQMA), which lies around 1 kilometre south of the application site, at Bexhill Road, in Hastings Borough.

4.5 Environment Agency – has confirmed that due to the level of risk posed by the development and current pressure on the Environment Agency’s resources, it is unable to provide a detailed response to the consultation and therefore has no comments to make. The Agency has confirmed that the plant will require an Environmental Permit, which will control air emissions.

4.6 Natural England – raises no objections. Natural England agree with the applicant’s assessment that the process contributions for nitrogen deposition and acidity are below the significance threshold of 1%, so can conclude that the proposed CHP plant will not have an adverse impact on the nearby Combe Haven SSSI.

4.7 Public Representations – One letter has been received from a local resident which notes that the proposal appears unlikely to make any difference to the noise and smells from the sewage works, but because of past difficulties, the resident would like a planning condition applied which would ensure that no increased noise or vibration would be heard or felt at the nearby properties. The resident understands that the CHP plant would be subject to the existing planning conditions attached to the overall planning permission for the wastewater treatment works, which include controls on noise and odours.

5. The Development Plan and other policies of relevance to this decision are:

5.1 South East Plan 2009: Policies: NRM12 (Combined Heat and Power), NRM13 (Regional Renewable Energy Targets), NRM16 (Renewable Energy Development Criteria).

On the 27 May 2010 the Secretary of State for Communities and Local Government highlighted the Government’s commitment to the intention to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local Councils. On the 6 July 2010 the Secretary of State revoked, with immediate effect, Regional Strategies. However, a High Court decision on the 10 November 2010 found that Regional Strategies could not be revoked in their entirety. The effect of this decision is to re-establish Regional Strategies as part of the development plan and due weight will therefore be given to The South East Plan policies. However, the Government has indicated that it will enact its commitment to abolish Regional Strategies as part of the Localism Act which received Royal Assent on 15 November 2011. An Order is now required to revoke the Regional Strategy. The Government’s intention to revoke Regional Strategies is therefore a material consideration in the decision making process.

5.2 Rother District Local Plan 2006: Policies: DS4 (Development Boundaries), DS5 (Strategic Gaps), GD1 (2, 4) (General Development Considerations).

5.3 East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP30 (Wastewater and Sewage Sludge), WLP35 (General Amenity Considerations), WLP39 (Design Considerations).

5.4 East Sussex, South Downs and Brighton & Hove Submission Waste & Minerals Plan – June 2012.

Policies: WMP9 (Management of Waste Water and Sewage Sludge), WMP21 (Expansion and Alterations to Waste Facilities), WMP23a (Climate Change), WMP23b (Resource and Energy Use), WMP24 (a, b, c) (General Amenity).

On 1 June 2012, the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan was submitted to Government for examination. Public Examination Hearings were held between 18 September and 28 September 2012. Only 1 Main Modification is proposed. The Plan sets out the strategic policy decisions for waste and minerals in the Plan Area up to 2026. Following adoption of the Plan, programmed for early 2013, a waste and minerals sites document will be produced. The Submission Plan is a material consideration when assessing the application, and in certain circumstances considerable weight may be attached to its policies. At the moment though, the East Sussex and Brighton & Hove Waste Local Plan 2006 remains in full as part of the development plan of the area.

5.5 National Planning Policy Framework March 2012

The National Planning Policy Framework (NPPF) was published on 27 March 2012 and the Framework applies with immediate effect. It does not change the status of the development plan as the starting point for decision making. It constitutes guidance as a material consideration in determining planning applications. For 12 months following publication, full weight can continue for development plan documents adopted since 2004 even if there is a limited degree of conflict. In other cases and following this 12 months period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the NPPF. At the heart of the NPPF is a presumption in favour of sustainable development. The NPPF does not contain specific waste policies but regard should be had to NPPF policies so far as relevant. There are policies facilitating the use of minerals and there are provisions covering transport, good design, protecting the natural environment and references to avoiding noise giving rise to significant adverse impacts and limiting light pollution.

6. Considerations

Renewable Energy and Wastewater Management

6.1 Policy NRM16 of the South East Plan notes that through planning policies and decisions, local authorities should, in principle, support the development of renewable energy. Policy NRM12 of the South East Plan encourages the integration of combined heat and power in all developments, and Policy NRM13 sets out increasing regional renewable energy targets. Policies WMP23a and WMP23b of the Submission Waste and Minerals Plan support the use of renewable and decentralised energy sources to power waste facilities.

6.2 Policy WLP30 of the Waste Local Plan supports the provision of new or extended facilities for the management, treatment and disposal of wastewater and sewage sludge where the development is a necessary extension of existing infrastructure or is well related to existing infrastructure, and where the development is required to improve the operational efficiency of wastewater and sewage sludge management. Policy WMP9 (b) of the Submission Waste and Minerals Plan similarly supports new wastewater management, treatment and disposal development where it is demonstrated that development is required to improve efficiency. Policy WMP21 of the Submission Waste and Minerals Plan supports alterations to existing waste facilities, where (a) the development is required to meet current environmental standards including improving energy efficiency; or (b) the development is required to improve the operational efficiency of the facility, including the efficiency with which the facility uses or generates energy.

6.3 The proposed CHP plant would be powered by biogas, which is naturally generated through the existing wastewater treatment processes on site, and is a renewable source, which otherwise must be flared off (and consequently, wasted). Furthermore, the electricity generated by the CHP, which will largely be used within the wastewater treatment works, offsets the amount that must be imported from the National Grid. Consequently, the proposal constitutes a renewable energy development, and would assist in reducing the WTW’s reliance on energy generated by fossil fuels. Therefore, the proposal accords with Policies NRM12, NRM13 and NRM14 of the South East Plan, and Policies WMP23a and WMP23b of the Submission Waste and Minerals Plan.

6.4 The use of the biogas to generate electricity and heat for use in the wastewater treatment process also represents an improvement to the efficiency of the WTW, and the proposed plant is well related to existing infrastructure on site. Consequently, the proposal accords with Policy WLP30 (b) of the Waste Local Plan, and Policies WMP9 (b) and WMP21 (a, b) of the Submission Waste and Minerals Plan.

Effect on Residential Amenity

6.5 Policy GD1 (2) of the Rother District Local Plan, Policy WLP35 (b, c) of the Waste Local Plan, and Policy WMP24 (a, b, c) of the Submission Waste and Minerals Plan seek to protect amenity, including by ensuring that adequate means of controlling noise, odours and other emissions are secured.

6.6 The proposed CHP plant constitutes a small development in the context of the overall wastewater treatment works, and the plant itself would be nearly 400 metres from the closest residential properties. The applicant has confirmed that the engine is housed in an acoustic container which means that it should not be audible at the closest property. While the plant would operate 24 hours a day, existing treatment processes at the WTW also operate throughout the night. The Environmental Health Officer has raised no objections but has recommended that 3 conditions which were attached to the original planning permission for the wastewater treatment works are repeated. Two of these conditions limit noise levels during the daytime period and at night at nearby residential properties, and the third condition requires noise measurements to be undertaken for a 24 hours period, within one month of the development being completed. Conditions along these lines are proposed. The required noise monitoring should ensure that the development is not audible at the closest property, but any problems can be identified and resolved.