Agenda item

Proposal:	Temporary change of use of land to allow for the creation of a laydown facility for the storage of materials and light fabrication operations, including welding to support the construction of the SSE Slough Multifuel Combined Heat and Power Facility, and the permanent provision of fencing, lighting and areas of hardstanding to provide for the future use of the land for the permitted composting activities.
Location:	Beenham Landfill Site, Grange Lane, Beenham, Reading
Applicant:	SSE Slough Multifuel Ltd and Grundon Waste
Recommendation:	Grant conditional planning permission

 

The Committee considered a report (Agenda 4 (2)) concerning Planning Application 21/0085/COMIND in respect of granting conditional planning permission for the temporary change of use of land to allow for the creation of a laydown facility for the storage of materials and light fabrication operations, including welding to support the construction of the SSE Slough Multifuel Combined Heat and Power Facility, and the permanent provision of fencing, lighting and areas of hardstanding to provide for the future use of the land for the permitted composting activities.

Ms Alice Attwood, Senior Planning Officer, introduced the report to Members, which took account of all the relevant policy considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers were recommending that the Service Director (Development and Regulation) be authorised to grant approval, subject to the conditions outlined in the main report and update report.

In accordance with the Council’s Constitution, Mr John Steele, Parish Council representative, Mr Philip Atkinson, applicant/agent and Councillor Dominic Boeck, Ward Member, addressed the Committee on this application. 

Parish Council Representation:

Mr Steele in addressing the Committee raised the following points:

·         Concerns were related to the potential disturbance arising from noise and light.

·         Disagreement on the hours of operation should just be related to core activities and the lack of definition relating to enforceability of exceptions and reference to less noisy activity outside those core hours caused concern because he believed that the conditions needed to be enforceable and that no activities outside of those specified hours should be allowed.

·         Evidence in Paragraph 6.42 of the report related to exceptional night time deliveries and when the noise impact was considered, it was concluded that there would be a low impact and therefore would not require mitigation. Therefore it was requested that hours be limited to Monday – Friday and that noise be monitored.

·         There were also increased concerns over the cumulative impact and the number of planning applications that had been submitted around the industrial estate; therefore, they wondered if a noise management plan could be developed for the area.   

Applicant/Agent Representation:

Mr Philip Atkinson in addressing the Committee raised the following points:

·         Grundon Waste Management was a long established and well known firm to the local area who employed 120 people from West Berkshire. The Officer’s recommendations were noted and these had followed on from months of detailed negotiations and revisions to the proposals. It was also pleasing to note that the application had no objections from statutory consultees. 

·         This proposal was necessary to support the development of SSE’s low carbon power generation plant and was why this proposal had become so time critical.

·         The application was to temporarily change the use of the land and the economic development team had pointed to the clear economic benefit this proposal would bring to local and neighbouring businesses. It would also allow for investment in site infrastructure which would not otherwise be economically feasible and therefore the long term economic benefits were likely even greater than what were initially anticipated.  

Mr Mark Lane in the addressing the Committee raised the following point:

·         He stated that the report was well balanced and thorough and he was appreciative towards Officers for working diligently with him and members of his staff.

Member Questions to the Applicant/Agent

A question was raised around whether the temporary use until May 2024 would be sufficient if there were delays to the project? Mr Philip Atkinson explained that it was difficult to say as he was not building it but an extension would be applied for if necessary from Planning Officers. He further added that contractually they had a very specific target to meet and that if the contractor did not hit their target it would cost them money; therefore it was in the contractors’ interest to get it delivered on time. Mr Mark Lane added that there was some slack built into the time frame so their programme envisaged completion before the end date and they were confident that it would be completed on time. 

Another question was asked about the amount of electricity that would be generated by the Slough plant and if there would be electrical generator in this area as well? Mr Philip Atkinson confirmed that the temporary facility was not connected with this and that Grundon Waste Management generated electric using methane from the landfill.

The last question raised was if the told HGV journeys a day was 15 as stated in the report? Mr Mark Lane confirmed that the total was 30 if you counted arriving and departing as separate journeys.

Ward Member Representation

Councillor Dominic Boeck in addressing the Committee raised the following points:

·         He shared Mr. Steele’s concerns and felt he had strong comprehensive statements which he supported. Those concerns were further echoed by residents who had lobbied his support in Padworth Parish Council and he urged Members to consider those statements that had been made.

Member Questions to the Ward Member

Members did not have any questions of clarification.

Member Questions to Officers

Questions were asked on what would happen to the site after 2024 and if the site could be further developed in terms of composting? How much of what was proposed would be permanent when considering that planning permission had already been granted for the composting site? Ms Alice Attwood explained that in terms of the extant permission there was already hard standing that could be put down at any time and it could be seen from the photos that planting was proposed as part of this. In terms of lighting, that was a matter of agreement reflected in the lighting condition which would likely be of better standard due to the guidance for lighting in AONB areas. The fencing was also under the extant permission and reflected in this application, and could be more built out.

Debate:

Councillor Bridgman noted that discussions had taken place about the green belt with references made to the AONB and in his view this site was at the other end of the AONB in that it was a former contaminated waste/ industrial site with industrial buildings in the distance. There were also no formal objections from what was referenced by the Parish Council. The question was how much more activity was this adding to the site and what was the impact in terms of noise and lighting. Hours of operation for both the building of the site and when it was operational needed careful consideration. In conclusion, he was minded to accept the Officer recommendation but wanted to hear what other Members had to say regarding hours in particular. 

Councillor Macro noted that in the conclusion it was mentioned that the plan was finely balanced due to the economic development impact and benefits to the local day time economy in and around Aldermaston train station. There was only one business in that area which was a filling station; therefore Councillor Macro would not give much weight to the local economic impact and thought the wider economic benefit was for Slough. He also stated that if it was not for the extant permission he might not have been in favour of the application.  

Councillor Linden asked for more guidance on the hours of operations. Councillor Graham Pask asked planning Officers to confirm what they saw as reasonable flexibility given the circumstances.

Mr Bob Dray explained that the hours proposed were based on those conditions contained in the noise report as a starting point. However, given the nature of the facility, and that it was providing a lay down facility on route to a construction site, timing could be an issue when those deliveries took place and there would be times when exceptions would be needed to those core hours. The difficulty was in finding a realistic provision and setting in place reasonable parameters whilst learning along the way and adopting some flexibility.

Councillor Pask said he understood what Mr Dray had said and that there was a requirement to differentiate between quiet activity and very noisy activity and that he had sympathy with concerns raised on this point. 

Mr Bob Dray noted that within the report the conditions had been split up, with one covering operating hours for industrial processes or for the operation of machinery and a separate one for delivery hours. There could be various views on each. Therefore a firm answer was difficult because of the nature of the type of development and a solution with flexibility was required and if there were issues then requests could be rejected in future.  

Councillor Bridgman stated that he had further concerns on 6.63 contained within the report as it stated that vehicles would arrive to site in the early hours and he wanted clarification on what site the report was referring to. He asked if noise monitoring, as requested by the Parish Council, could be considered. 

Mr Dray explained that this reference in the report was to Slough and that it was understood to be occasional.

Ms Attwood added that it was looked at from the planning statement and further clarification had been requested on the working hours. She explained that there were six tests when you formed conditions; if conditions effected the deliverability of the actual development then it would not be considered a fair condition and could be open to an appeal; therefore it was necessary to find a compromise between the Parish Council’s concerns and not stopping the deliverability of the development. There was a requirement to consult in writing if there was going to be work outside of set times and there would be continuous monitoring. Monitoring could be enhanced if there were complaints.

Mr Steve Wilson, Environmental Control Officer, explained that there were two sources in a 24 hour period. The noise coming off the A4 was not the worry but it was the noise generated by fabrication work and the nature of the work.

Councillor Bridgman asked if Mr Wilson could assist on how noise monitoring would be addressed. Mr Wilson stated that if there was a problem or a complaint in the normal course of events then Officers would go out to site and evaluate the situation to see if the situation warranted any enforcement action.  

Councillor Geoff Mayes said that he thought there would be problems with getting equipment on site due to traffic and that lorries with heavy loads would further affect traffic on the M4 and A4. Therefore, it was not just noise on site but the noise from the road and whether large loads could be accommodated during rush hour periods. On timings, he felt that the Officers had the right balance on flexibility but perhaps needed to consider also the large loads on the roads.

Councillor Bridgman proposed acceptance of the Officer recommendation and this was seconded by Councillor Hunt. At the vote the motion was carried.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the following conditions:

1.         Commencement of development. 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 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.         Approved plans Page 54 West Berkshire Council Eastern Area Planning Committee 6th October 2021. The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

· Application form received 30.03.2021

· Location Plan titled Planning Application and Landownership Areas dated January 2021 drawing number DG/ES/BEE/StorageArea/02 received 27.04.2021.

· Proposed Planting drawing number ARCMLI/B1/21/1 dated March 2021 received 30.03.2021

· Proposed Floor Plan Cabin tilted Beenham Storage Area Cabin Layout drawing number DG/EN/BEE/WDL/2165 dated 19.04.2021 received 30.03.2021

· Proposed elevation of Cabin tilted Beenham Storage Area Cabin elevation drawing number G/EN/BEE/WDL/2164 dated 19.04.2021 received 30.03.2021

 · Beenham Storage Area Palisade Fence Elevation dated 19/04/2021 Drawing Number DG/EN/BEE/WDL/2162 received 20.08.2021

· Beenham Storage Area Gates Elevation dated 19/04/2021 Drawing Number DG/EN/BEE/WDL/2161 received 20.08.2021

· Beenham Storage Area Cross Sections dated 06/08/21 Drawing Number DG/EN/BEE/WDL/2136-2 received 23.09.2021

· Amended Beenham Storage Area Layout dated 12/01/2021 Drawing Number DG/EN/BEE/WDL/2136 received 23.09.2021

· Noise Impact Assessment reference Delta-Simons Project No. 20-1698.02 received 30.03.2021

· Preliminary Geo-Environmental Risk Assessment (part 1, 2, 3, 4) received 30.03.2021

· Details within document Klargester BioTec Product data sheet received 30.03.2021

· Arboricultural Appraisal dated March 2021 received 30.03.2021

· Preliminary Ecological Appraisal Report received 30.03.2021

· Landscape and Visual Appraisal received 30.03.2021

· Planning Statement received 30.03.2021

· Amended Transport Statement received 08.07.2021

· Construction Environment Management Plan received 13.08.2021

· Letter from enzygo environmental consultants reference CRM.049.016.EC.R.020 received 13.09.2021

· Proposed HGV Parking Arrangement drawing number AMA/20886/ATR004 received 07.09.2021

Reason: For the avoidance of doubt and in the interest of proper planning.

3. Construction method statement No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the demolition and construction works shall incorporate and be undertaken in accordance with the approved CMS. The CMS shall include measures for:

(a) A site set-up plan during the works;

(b) Parking of vehicles of site operatives and visitors;

(c) Loading and unloading of plant and materials;

(d) Storage of plant and materials used in constructing the development;

(e) Erection and maintenance of security hoarding including any decorative displays and/or facilities for public viewing;

(f) Temporary access arrangements to the site, and any temporary hardstanding; Page 55 West Berkshire Council Eastern Area Planning Committee 6th October 2021

(g) Wheel washing facilities;

(h) Measures to control dust, dirt, noise, vibrations, odours, surface water runoff, and pests/vermin during construction;

(i) A scheme for recycling/disposing of waste resulting from demolition and construction works;

(j) Hours of construction and demolition work;

(k) Hours of deliveries and preferred haulage routes;

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is applied in accordance with the National Planning Policy Framework, Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026, and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007). A precommencement condition is required because the CMS must be adhered to during all demolition and construction operations.

4. Construction Environmental Management Plan No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include the following:

(a) Risk assessment of potentially damaging construction activities.

(b) Identification of “biodiversity protection zones”.

(c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

(d) The location and timing of sensitive works to avoid harm to biodiversity features.

(e) The times during construction when specialist ecologists need to be present on site to oversee works.

(f) Responsible persons and lines of communication.

(g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

(h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To secure appropriate mitigation of ecological assets. A precommencement condition is required because the CEMP will need to be adhered to throughout construction.

5. Hours of work (construction/demolition) No demolition or construction works shall take place outside the following hours, unless otherwise agreed in writing by the Local Planning Authority: 7:30am to 6:00pm Mondays to Fridays; 8:30am to 1:00pm Saturdays; No work shall be carried out at any time on Sundays or Bank Holidays.

Reason: To safeguard the amenities of adjoining land uses and occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy 2006-2026.

6. Construction delivery hours No deliveries shall be taken at or despatched from the site outside the following hours: Page 56 West Berkshire Council Eastern Area Planning Committee 6th October 2021 Mondays to Fridays: 07:30 to 18:30 Saturdays: 08:30 to 14:30 No deliveries shall be taken at or despatched from the site on Sundays and public holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the living conditions of surrounding occupiers. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

7. Unexpected contamination. If any previously unidentified contaminated land is found during demolition and/or construction activities, it shall be reported immediately in writing to the Local Planning Authority (LPA). Appropriate investigation and risk assessment shall be undertaken, and any necessary remediation measures shall be submitted and approved in writing by the LPA. These submissions shall be prepared by a competent person (a person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation), and conducted in accordance with current best practice. The remediation scheme shall ensure that, after remediation, as a minimum, the land shall not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990. Thereafter, any remediation measures shall be carried out in accordance with the approved details. Unless otherwise agreed in writing by the LPA, the development shall not be first brought into use until any approved remediation measures have been completed and a verification report to demonstrate the effectiveness of the remediation has been submitted to and approved in writing by the LPA.

Reason: To ensure that any unexpected contamination encountered during the development is suitably assessed and dealt with, such that it does not pose an unacceptable risk to human health or the environment. This condition is applied in accordance with paragraphs 170, 178, 179 and 180 the National Planning Policy Framework, and Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

8. Lighting strategy (temporary laydown facility) No external lighting shall be installed in relation to the temporary laydown facility until a lighting strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall:

(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance.

(b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species.

(c) Include isolux contour diagram(s) of the proposed lighting.

(d) Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.

(e) Include proposed times of operation, and other controls to minimise the operation of the lights.

(f) Include calculations and methodology of calculations to demonstrate lighting levels are designed within the limitations of Environmental Lighting Zone 1. No external lighting shall be installed on the site in relation to the temporary laydown facility except in accordance with the approved strategy. Page 57 West Berkshire Council Eastern Area Planning Committee 6th October 2021

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site, and to conserve the dark night skies of the North Wessex Downs AONB. This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2019-24, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

9. Lighting strategy (permanent) Prior to the cessation of the temporary use of the site as a laydown facility, a lighting strategy for the permanent retention of lighting in associated with the restored composting use of the site shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall ensure the permanent amount and level of lighting is no more than is necessary to facilitate the restored compositing use. The strategy shall:

(a) Identify those areas on the site that are particularly sensitive for bats and that are likely to cause disturbance.

(b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species.

(c) Include isolux contour diagram(s) of the proposed lighting.

(d) Ensure all lighting levels are designed within the limitations of Environmental Lighting Zone 1, as described by the Institute of Lighting Engineers.

(e) Include proposed times of operation, and other controls to minimise the operation of the lights. Within three months of the cessation of the temporary use of the site as a laydown facility (or an alternative timescale agreed in writing by the Local Planning Authority), any lighting associated with the lighting strategy for the temporary laydown facility shall be removed, altered or replaced to be in accordance with the permanent lighting strategy. Thereafter, no external lighting shall be installed on the site in relation to the restored composting use except in accordance with the approved permanent strategy.

Reason: To ensure the conservation and enhancement of the biodiversity assets of the site, and to conserve the dark night skies of the North Wessex Downs AONB. This condition is applied in accordance with the National Planning Policy Framework, the North Wessex Downs AONB Management Plan 2019-24, and Policies CS17 and CS19 of the West Berkshire Core Strategy 2006-2026.

10. Landscaping (approved plans) All soft landscaping works shall be completed in accordance with the approved soft landscaping scheme (ARCMLI/B1/21/1 dated March 2021.) within the first planting season following completion of building operations / first use of the temporary laydown facility (whichever occurs first). Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of this completion of the approved soft landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

Reason: Landscaping is an integral element of achieving high quality design. This condition is applied in accordance with the National Planning Policy Framework, Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), and the Quality Design SPD.

11. Drainage The temporary laydown facility shall not be brought into first use until the drainage strategy has been implemented in accordance with the approved plans. Thereafter Page 58 West Berkshire Council Eastern Area Planning Committee 6th October 2021 the drainage measures shall be managed and maintained in accordance with the approved details.

Reason: To ensure the appropriate drainage of the site. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy, and the Council’s adopted Sustainable Drainage SPD.

12. Use restriction. The site shall be used solely as either:

(a) a temporary laydown facility associated with the construction of the Slough MCHP Facility, which was granted planning permission by Slough Borough Council on 2nd June 2017 (ref: P/00987/024), and for no other purpose, including any other purpose in Classes B8 or E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification); or

(b) For compositing activities permitted on the land under planning permission 10/00827/COMIND. This restriction shall apply notwithstanding any provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and reenacting that Order with or without modification).

Reason: The development has been justified on these specific uses, and any other uses may not be acceptable on the site. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP5, CS5, CS13, CS14, CS16 and CS19 of the West Berkshire Core Strategy (2006-2026), and Policies OVS.5, OVS.6 and TRANS.1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

13. Operating hours (machinery/processes) During the operational phase of the temporary laydown facility, no machinery and/or industrial processes shall take place outside of the following hours, unless otherwise agreed in writing by the Local Planning Authority: Mondays to Fridays: 07:30 to 18:30 Saturdays: 08:30 to 14:30 No industrial processes shall take place on Sundays and public holidays, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the living conditions of surrounding occupiers. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

14. Music No amplified or other music shall be played externally on the premises.

Reason: To safeguard the amenities of surrounding occupiers. This condition is applied in accordance with the National Planning Policy Framework, and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

15. Delivery hours During the operational phase of the temporary laydown facility, no deliveries shall be taken at or despatched from the site outside the following hours, unless otherwise agreed in writing by the Local Planning Authority: Page 59 West Berkshire Council Eastern Area Planning Committee 6th October 2021 Mondays to Fridays: 07:30 to 18:30 Saturdays: 08:30 to 14:30 No deliveries shall take place on Sundays and public holidays, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the living conditions of surrounding occupiers. This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

16. Permitted development restriction (fences) Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking, reenacting or modifying that Order), no gates, fences, walls or other means of enclosure (except those expressly authorised by this permission) that would otherwise be permitted by Schedule 2, Part 2, Class A of that Order shall be erected within the application site, without planning permission being granted by the Local Planning Authority on an application made for that purpose.

Reason: To prevent the inappropriate means of enclosure within the site in the interests of respecting the character and appearance of the surrounding area. This condition is imposed in accordance with the National Planning Policy Framework, and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

17. Temporary permission (restoration). The temporary laydown facility use hereby permitted shall be for a limited time period ending on 31st May 2024. This temporary use shall be discontinued, and all paraphernalia and temporary operational development associated with this temporary use shall be removed from the site by this date. This requirement to remove temporary operational development does not apply to the permanent hardstanding and fencing hereby permitted, or any lighting permitted under the permanent lighting strategy pursuant to conditions.

Reason: The laydown facility is proposed for a temporary period. This condition is to ensure appropriate cessation and restoration of the land in accordance with the planning application proposals. This condition is applied in accordance with the National Planning Policy Framework, Policies ADPP1, ADPP5, CS5, CS9, CS10, CS13, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.