Agenda item

Proposal:	Development of an Energy Recovery Centre and adjacent Data Centre and associated infrastructure
Location:	Reading Quarry, Berrys Lane, Burghfield, RG 30 3XH
Applicant:	J Mould (Reading Ltd.)
Recommendation:	Approve subject to conditions

 

The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 20/02029/COMIND in respect of the development of an Energy Recovery Centre and adjacent Data Centre, as well as associated infrastructure.

Ms Elise Kinderman (Team Leader (Minerals and Waste)) introduced the item which took into account all the relevant policy considerations and other material planning considerations. It was reported verbally that a letter had been received from Matt Rodda MP making representations on the application. This was received post the publication of the update report, but did not raise any new material issues.

In accordance with the Council’s Constitution, Mr Graham Hudson, objector, Mr Mark Westmoreland-Smith, Ms Jennifer Hepworth, Mr Jay Mould, Mr Kevin Parr and Mr James Whatton, applicant/agent, and Councillor Bridgman, Ward Member, addressed the Committee on this application.

Objector Representations:

Mr Hudson in addressing the Committee raised the following points:

·         That West Berkshire Council had never mentioned the installation of an incinerator during the 2019 West Berkshire Climate Conference.

·         That Reading Borough Council wanted to be consulted on the application, if approved, over details such as; haulage routes, pollution and traffic generated matters, as well as for it to be considered against national policy and the Local Plan.

·         Thames Water noted that the report did not require their services, however they could come under pressure whilst the site was operational. If Thames Water did need to get involved this could cause serious traffic issues.

·         Emissions from 150,000 tonnes of waste annually could cause a large amount of CO2.

·         Within the report the wrong local MP was listed as the President of United Nations Climate Change Conference (COP 26). It was noted as the Reading East MP where it should have been the Reading West MP.

Members Questions to the Objector:

There were no questions for the objector.

Applicant/Agent Representations:

Mr Westmoreland-Smith, Ms Hepworth, Mr Mould, Mr Parr, and Mr Whatton in addressing the Committee raised the following points:

·         The proposed site was already a Waste Management facility.

·         This was a unique proposal with an energy recovery system and data centre, which could provide two pieces of necessary infrastructure.

·         This facility would have been able to divert 150,000 tonnes of waste from landfill, with 20,000 tonnes coming from the site itself, which would have saved waste miles.

·         The site would have allowed West Berkshire to be self-sufficient in waste management.

·         The facility would generate a secure and low carbon source of energy. Generating 11MW of electricity, which would have been enough to power 30,000 homes. The facility would provide 33 permanent jobs.

·         The air quality would have been adequately assessed by the strict regulations of an Environmental Permit and would not have posed a significant risk to residents of West Berkshire.

·         There would be considerable bio-diversity net gains, as shown by the removal of the Wildlife Trust objection.

·         There would be no significant effect on transport.

·         The site would provide a saving in greenhouse emissions compared to current methods.

Members Questions to Applicant/Agent:

Councillor Pask enquired into how much waste would be brought into the facility from elsewhere and Mr Westmoreland-Smith explained that 130,000 tonnes would be imported through external contracts with around 78 HGV movements a day, however these would be controlled by conditions.

Councillor Linden raised concerns over the potential pollutants and the size of the site. Mr Westmoreland-Smith reassured that pollution control was a sophisticated process and the promoter could only work within the remit of an Environmental Permit, which was monitored closely. Councillor Linden asked whether this was public information and this was confirmed to be the case.

Councillor Macro pondered whether all the plastic would be removed when burning the waste, to which Mr Westmoreland-Smith explained that as much plastic as possible would be removed and recycled.

Councillor Law queried whether CO2 was considered a pollutant and Mr Westmoreland-Smith stated that it was. Councillor Law further probed over how the developer would minimise the negative impact on climate change, reduce vulnerability and provide resilience to the impacts of climate change. Mr Westmorland-Smith answered that the machine managed waste and generated electricity, which compared to landfill would save 200 kilos of CO2 per tonne of residual waste, as well as providing a significant reduction in methane. Compared to the electricity produced by the site, the facility would produce the equivalent of 183g of CO2 per kWh, which compared to the stock generation of the grid that used combined cycle gas turbines (CCGT), which produced 340g per CO2 equivalent, was a significant decrease in CO2 production.

Councillor Cottam raised concerns over the potential particulate pollution and pondered how the 50m chimney prevented the particles affecting local residents, to which Mr Westmoreland-Smith explained that there would be a scrubbing process throughout the stack, however some particulates would escape and the height of the chimney was designed for proper dispersal. Furthermore the monitoring of the Environmental Agency would make sure that the facility would be properly managed and therefore would not pose a health risk to the general population.

Councillor Somner wanted to know where the 130,000 tonnes of imported waste would be imported from, of which Mr Westmoreland-Smith could not confirm exactly where, however models suggested that waste would be collected near West Berkshire and that most third parties would look to dispose of their waste as close as possible, due to the cost of transport.

Ward Member Representations:

Councillor Bridgman in addressing the Committee raised the following points:

·         That the emerging Minerals and Waste Local Plan was at a stage where some value should be attached to it.

·         The facility would sit in the middle of the site, which would reduce the visual impact, however not completely.

·         There was an over-capacity of waste in the system according to United Kingdom Without Incineration Network (UK WIN) and UK WIN considered that a reason for refusal, however in opposition of this was the self-sufficiency argument for West Berkshire.  

·         It was questioned where the waste was going and whether the vehicle movements were longer at the time compared to that of the potential site.

·         Air quality was an issue that could be affected by wind direction and that those that were not directly living by the site might still be effected.

Member Questions for Ward Member:

Councillor Linden asked whether Councillor Bridgman was referring to a particular site, of which the Councillor replied he was not speaking of any site and that he just questioned where the waste was going.

Member Questions for Officers:

Councillor Cottam wanted reassurance that the regulation would be thorough and why Public Health regarded the site as municipal even though it would be privately owned. Ms Kinderman stated that the definition of municipal, in this case, included local authority collected waste, as well as a similar fraction of commercial waste, which would be of the same composition. Ms Kinderman also explained that the Environmental Agency would monitor the site. Councillor Cottam queried whether West Berkshire’s Environmental Health would be involved and Ms Kate Powell explained that Environmental Health would not be involved with the site.

Councillor Cottam wanted clarification on whether the permit would be part of the application, or whether it would need to be applied for. Mr Dray explained that the permit would be separate from planning and that inclusion within the conditions would lead to unnecessary duplication. The Chairman emphasised that there might be several technicalities that the Committee might not have knowledge of, but the Committee must trust other agencies to do their job properly, which was compounded by Mr Dray who stated that the Committee had to base decisions on the assumption that other authorities would work effectively.

Councillor Mayes wanted to know where the Englefield Lagoon was and what the drainage strategy was in regards to the lagoon. Ms Kinderman explained that it was to the north of the site and that the drainage strategy was to have surface water drain into the lake at a controlled outfall, after being collected on site. Councillor Mayes asked whether any pollutants could enter the Thames Water aquifers and Ms Kinderman explained that there were two separate systems, so there was little chance of any cross-contamination. There was also the inclusion of oil interceptors within the water disposal system. Mr Bacchus further commented that the system would be fully sealed with a membrane around the attenuation tank, which would be used prior to discharge and the applicant would need to make sure the system was fully sealed and that conversations between Officers and the applicant had occurred to guarantee this. Councillor Mayes further questioned where the water for firefighting would come from and Mr Bacchus clarified that there was a difference between drainage, which would be dealt with by the applicant and supply, which would be dealt with by Thames Water.

Councillor Linden wanted officers to comment on Veolia’s waste disposal to other sites outside of West Berkshire. Ms Kinderman stated that the waste went to places in Hampshire, Slough and Oxfordshire, however this changed year on year. For example the Hampshire contract would end in 2030 and there was also uncertainty over the future of the site in Slough.

Councillor Law highlighted Section 6.43 and wanted to know why the site was not included within the preferred areas and Ms Kinderman explained that the Minerals and Waste Local Plan did not define preferred areas for waste management sites, however it did set criteria for potential sites and because the application would be developed on an existing waste management site, it met the criteria for the Minerals and Waste Local Plan.

Debate:

Councillor Linden highlighted the visual impact on the M4, but believed West Berkshire needed to be able to deal with its waste needs and that the location was generally remote, as a result Councillor Linden proposed Officer’s Recommendations and this was seconded by Councillor Cottam.

Councillor Macro explained that there was a table on page 126 of the Agenda that expressed where some of the waste from West Berkshire was going and in conversation with Oxfordshire County Council, West Berkshire was, at the time, sending 45,000 tonnes of waste to Sutton Courtenay and that this site would close in 2030. The South East Waste Planning Advisory Group stated that Britain had been exporting 2.6 million tonnes of waste to Europe each year. Councillor Macro did have concerns over the visual impact of the site, however despite that he was willing to support the application.

Councillor Mackinnon expressed concerns over the visual impact and due to the lack of information over the potential pollution and how the Environmental Permit would be enforced. The Councillor sympathised with residents’ concerns over the burning of waste close to their homes and as a result felt he could not support the application.

Councillor Cottam expressed that the 50m chimney was at least a guarantee that the pollution would not go locally, as the prevailing wind blew westerly. Councillor Cottam had concerns for the local population and stated that if the Environmental Agency did not do their job properly, the Council should have some responsibility and that the Committee needed to trust the scientific data.

The Chairman invited Members of the Committee to vote on the proposal by Councillor Linden and seconded by Councillor Cottam to approve Officer Recommendations. At the vote the motion was carried.

RESOLVEDthat the Service Director of Development and Regulation be authorised to grant planning permission subject to the following conditions:

Conditions

1. Commencement

The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Written notification of the date of commencement shall be sent to the Local Planning Authority within seven days of such commencement.

 

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. List of Approved Documents

The development hereby permitted shall be carried out in accordance with the approved drawings and other documents listed below, except as they may be amended by another condition in this decision notice, or updated by another document in this list.

 

(i) Application Boundary Plan, Drawing No. CRM.1144.010.PL.D.002.A, dated September 2020

(ii) Ownership Boundary Plan, Drawing No. CRM.1144.010.PL.D.002.B, dated September 2020

(iii) Proposed Site Plan, Drawing No. 2000, Rev K, dated 31.05.2022

(iv) HGV Access Route Plan, Drawing No. CRM.1144.010.PL.D.004.D, dated September 2021

(v) Site Access Visibility Splays, Drawing No. 1059-010, Rev A, dated September 2021

(vi) Existing Access Visibility Splays and Visibility from Proposed Footway/Cycleway, Drawing No. 1059-010, Rev A, dated September 2021.

(vii) ERC Floor Plan, Drawing No. 2010, Rev E, dated 31.05.2022

(viii) Roof Plan, Drawing No. 2020, Rev J, dated 31.05.2022

(ix) ERC Elevations – North and South, Drawing No. 2030, Rev G, dated 31.05.2022

(x) ERC Elevations – East and West, Drawing No. 2040, Rev F, dated 31.05.2022

(xi) Data Centre Ground Floor Plan, Drawing No. 2050, Rev E, dated 31.05.2022

(xii) Data Centre First Floor Plan, Drawing No. 2060, Rev E, dated 31.05.2022

(xiii) Data Centre Second Floor Plan, Drawing No. 2070, Rev E, dated 31.05.2022

(xiv) Data Centre Elevations, Drawing No. 2080, Rev E, dated 31.05.2022

(xv) ERC and Data Centre Views, Drawing No. 2090, Rev F, dated 31.05.2022

(xvi) Ancillary Buildings/Plant Elevations, Drawing No. 2110, Rev B, dated 31.05.2022

(xvii) Site Sections Showing Existing Ground Levels, Drawing No. 2120, Rev C dated 31.05.2022

(xviii) Views, Drawing No. 1040, Rev E, dated 03.12.2020

(xix) Planning Statement, ref CRM.1144.010.PL.R.001, dated August 2020

(xx) Design and Access Statement, ref CRM.1144.010.PL.R.005, dated August 2020

(xxi) Updated Environmental Statement, reference CRM.1144.010.PL.R.100, dated December 2021

(xxii) Air Quality Assessment, ref 01.0009.024 (v2), dated August 2020

(xxiii) Air Quality Assessment - Stack Height Determination, ref 01.0009.024_SHD (v2), dated August 2020

(xxiv) Traffic Pollution: Air Quality Impact Assessment, ref 01.0009.024/AQ v3. Dated December 2021

(xxv) BS 5837:2012 Arboricultural Survey, ref CRM.1144.010.AR.R.001, dated August 2020

(xxvi) BS 5837:2012 Arboricultural Impact Assessment and Method Statement, ref 1144.010.ENZ.XX.00.RP.AR.45.002, dated June 2022

(xxvii) Ecological Impact Assessment, ref CRM.1144.010.EC.R.004, dated 14th October 2021

(xxviii) Biodiversity Metric 3.0 Calculation Tool, dated 15th June 2022

(xxix) UK Habitat Map, Drawing No. CRM.1144.010.EC.D.001.B, dated June 2022

(xxx) UK Retained/Lost Habitat Map, Drawing No. CRM.1144.010.EC.D.002, dated June 2022

(xxxi) UK Created Habitats Map, Drawing No. CRM.1144.010.EC.D.003, dated June 2022

(xxxii) Stage 1 HRA Screening Report, ref CRM.1144.010.R.005, dated 14th October 2021

(xxxiii) Water Framework Directive Screening Technical Note, ref CRM.1144.010.PL.R.003

(xxxiv) Energy Statement, by Stroma Built Environment, dated 05.05.2022

(xxxv) BREEAM Pre-Assessment Report, by Stroma Built Environment, dated 05.05.2022

(xxxvi) Response to West Berkshire Core Strategy Policy CS15, by Air Quality Consultants, dated May 2022

(xxxvii) Greenhouse Gas Assessment, by Air Quality Consultants, dated December 2021

(xxxviii) Updated Flood Risk Assessment, ref CRM.1144.010.HY.R.001.B, dated March 2022

(xxxix) Historic Environment Assessment, by Heritage Archaeology, dated December 2020

(xl) Human Health Risk Assessment: Reading Quarry Energy Recovery Centre, by Air Quality Consultants, dated August 2020

(xli) Surface and Foul Water Drainage Strategy, Drawing No. 101 P06, dated 09/06/22

(xlii) Indicative Highway Drainage, Drawing No. 102 P01 (P03), dated 27/09/21

(xliii) Mitigation Plan, ref ENZ-01-xx-DR-L-00-021 (Figure 8.21), rev P04, dated June 2022

(xliv) Mitigation Plan – Access Road, ref CRM.1144.010.LA.D.020 (Figure 8.20), rev P04, dated June 2022

(xlv) Phase 1 Preliminary Risk Assessment, ref CRM.1144.010.GE.R.002, dated August 2020

(xlvi) Socio-Economic Statement, ref CRM.1144.010.PL.R.002, dated August 2020

(xlvii) Health Impact Assessment, ref CRM.1144.010.PL.R.010, dated October 2021

(xlviii) Transport Assessment and Travel Plan Statement Addendum, by Key Transport Consultants Ltd., dated December 2021

(xlix) Alternative Site Assessment, ref CRM.1144.010.PL.R.003, dated August 2020

(l) Letter to the Environment Agency, ref CRM.1144.010.HY.L.001, dated 27th October 2020

(li) Letter to West Berkshire Council Planning Officer, ref CRM.1144.010.PL.L.007, dated 09th June 2022

(lii) Letter and Report to Highways England, ref CRM.1144.010.HY.L.002, dated 06th January 2021

(liii) Letter from Air Quality Consultants Ltd. and Isopleth Regarding Air Quality and Human Health, dated 29th January 2021.

(liv) Letter to Lead Local Flood Authority, ref CRM.1144.010.HY.L, dated 15th February 2021.

(lv) Letter to Lead Local Flood Authority, ref CRM.1144.010.HY.L.003.B, dated 17th February 2021.

(lvi) Response to Lead Local Flood Authority, ref. CRM.1144.010.HY.L.004, dated 04th March 2022

 

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

 

3. Display of Conditions

A copy of the planning permission for the development hereby permitted and any amendments subsequently approved shall be made available at the site office during working hours, and shall be made known to any person(s) given responsibility for the management and control of operations on the site.

 

Reason: To ensure that all employees may readily make themselves aware of the requirements of this permission so as to ensure the orderly operation of the site.

 

4. Operating Hours (Construction)

No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 07:30 and 18:00 Monday to Friday and 08:30 to 13:00 Saturdays and at no time on Sundays or Bank or National Holidays, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To protect the occupiers of neighbouring properties from noise and disturbance outside the permitted hours during the construction period. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy 2006-2026, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

5. Operating hours (Deliveries)

No material deliveries shall take place outside of the following hours unless agreed in writing with the Local Planning Authority:

 

Mondays to Saturdays: 06:00 to 19:00

 

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, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

6. Construction Method Statement

No development shall take place until details of a scheme (Construction Method Statement) to control the environmental effects of the demolition and/or construction work has been submitted to and approved in writing by the Local Planning Authority.

 

The scheme shall include:-

(i) the control of noise

(ii) the control of dust, smell and other effluvia

(iii) the control of rats and other vermin

(iv) the control of surface water run-off

(v) details of excavation and dewatering methods to prevent silt pollution

(iv) the proposed method of piling for foundations (if any)

(vi) proposed construction and demolition working hours

(vii) hours during the construction and demolition phase when delivery vehicles, or vehicles taking materials, are permitted to enter or leave the site.

 

The development shall be carried out in accordance with the approved scheme.

 

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policies OVS.5 and OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary because insufficient detailed information regarding mitigation measures during the construction phase accompanies the application so it is necessary to approve these details before any development takes place.

 

7. Annual Throughput

The throughput associated with the Energy Recovery Centre shall not exceed 150,000 tonnes per annum.

 

Reason: In the interests of local amenity. This condition is imposed in accordance Policy WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy CS14 of the West Berkshire Core Strategy (2006 - 2026), Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policies OVS.5 and OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

8. Waste Permitted

(i) No waste shall be treated at the ERC other than residual waste which cannot be reasonably managed further up the waste hierarchy in accordance with a scheme approved from time to time under part (ii) of this condition;

 

(ii) The ERC facility shall not be brought into use until a scheme has been submitted to and approved by the local planning authority in writing and which aims to minimise recyclable and reusable waste received at the ERC, showing:

(a) the sources and types of waste to be treated;

(b) the steps to be taken to ensure that (so far as practicable) there will have been prior treatment to ensure as much reusable and recyclable material is removed from that waste, and

(c) arrangements for the review of the scheme at not more than 3 yearly intervals.

 

(iii) Any scheme approved under part (ii) above shall be implemented in full during the period in which the ERC facility is operational until replaced by a subsequently approved scheme.

 

Reason: To enable the implementation of the waste hierarchy as required by The Waste (England and Wales) Regulations 2011 (as amended). This condition is imposed in accordance with Policy 3 of the West Berkshire Minerals and Waste Local Plan.

 

9. No wastes other than those defined in the application (being residual non-hazardous municipal, commercial and industrial wastes) shall be imported to the Energy Recovery Centre.

 

Reason: To enable the implementation of the waste hierarchy as required by The Waste (England and Wales) Regulations 2011 (as amended) and to ensure the significant environmental effects associated with the proposal as assessed by the Environmental Statement are accurately taken into account. This condition is imposed in accordance with Policy WLP27 of the Waste Local Plan for Berkshire 1998-2006 and Policy 3 of the West Berkshire Minerals and Waste Local Plan.

 

10. Receipt of Waste

No more than 130,000 tonnes of the annual throughput for the Energy Recovery Centre shall be sourced from locations other than the existing Waste Transfer Facility (WTF) at Reading Quarry.

 

Reason: To ensure the likely significant environmental effects regarding traffic, as assessed by the Environmental Statement, are accurately taken into account. This condition is imposed in accordance with Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

11. No waste materials shall be accepted at the site directly from members of the public, and no retail sales of wastes or processed materials to members of the public shall take place at the site.

 

Reason: In the interests of local amenity and to ensure the implementation of the waste hierarchy as required by The Waste (England and Wales) Regulations 2011 (as amended). This condition is imposed in accordance Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy CS14 of the West Berkshire Core Strategy (2006 - 2026), Policies OVS.5 and OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policies 3 and 26 of the West Berkshire Minerals and Waste Local Plan.

 

12. Records of Waste

From the date the site begins to receive waste a record of the monthly receipt of waste (including source and volume) shall be maintained and shall be made available to the Local Planning Authority at any time upon request. All records shall be kept for at least 24 months following their creation or such longer period as the Local Planning Authority may specify in writing.

 

Reason: To enable the implementation of the waste hierarchy as required by The Waste (England and Wales) Regulations 2011 (as amended) and to ensure the significant environmental effects associated with the proposal as assessed by the Environmental Statement are accurately taken into account. This condition is imposed in accordance with Policy WLP27 of the Waste Local Plan for Berkshire and Policy 3 of the West Berkshire Minerals and Waste Local Plan.

 

13. Sheeting of waste

All loaded (heavy) goods vehicles transporting waste entering/leaving the site shall ensure that the waste is netted, sheeted, or placed within containerised vehicles.

 

Reason: In the interests of local amenity. This condition is imposed in accordance with the National Planning Policy Framework, the National Planning Policy for Waste, Policies TRANS.1 and OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policies CS13 and CS14 of the West Berkshire Core Strategy (2006 - 2026), and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

14. R1 Efficiency Status

Prior to operation of the Energy Recovery Centre, details verifying that the ERC has achieved R1 status from the design stage shall be submitted to the Local Planning Authority. Within 24 months of the first operation of the ERC, details verifying that the operating facility has achieved R1 status through certification from the Environment Agency shall be submitted to the Local Planning Authority. Thereafter, R1 status shall be maintained for the lifetime of the facility, and confirmation shall be provided to the Local Planning Authority on request.

 

Reason: To ensure that the Energy Recovery Centre is classified as a recovery operation and not a disposal operation in order to comply with the Waste Hierarchy, as set out in the Waste (England and Wales) Regulations 2011 (as amended) and in compliance with the Waste Management Plan for England (2021). This condition is imposed in accordance with Policy WLP27 of the Waste Local Plan for Berkshire 1998-2006 and Policy 3 of the West Berkshire Minerals and Waste Local Plan.

 

15. Electricity Grid Connection

The Energy Recovery Centre shall not be brought into use until the electric links from the ERC to the National Electricity Grid and/or the Data Centre have been constructed and are capable of transmitting the electrical power produced by the ERC. Thereafter, except during periods of maintenance and repair and unless required to do so by the National Grid, no waste shall be processed by the plant unless power is being generated.

 

Reason: To ensure that the Energy Recovery Centre is able to recover available energy and be classified as a recovery operation in order to comply with the Waste Hierarchy, as set out in the Waste (England and Wales) Regulations 2011 (as amended), and in accordance with the renewable/low carbon energy requirements of West Berkshire Core Strategy Policy CS15.

 

16. Heat Export

The ERC shall not be brought into use until a scheme detailing arrangements for the on-site use of a minimum of 2MW of heat from the ERC has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details.

 

Reason: To maximise the recovery of energy from the ERC, and thus increase the relative carbon benefits of the facility in accordance with the Resources and Waste Strategy for England (2018), Waste Management Plan for England (2020) and National Planning Policy for Waste paragraph 4.

 

17. The ERC shall not be brought into use until a Combined Heat and Power (CHP) Feasibility Review, assessing potential commercial opportunities for the use of heat from the plant, shall be submitted to and approved in writing by the Waste Planning Authority. The Review shall provide for the ongoing monitoring and full exploration of potential commercial opportunities to use heat from the plant, at not more than 3 yearly intervals. Once a viable heat customer is identified, a plan for the construction of heat offtake to the customer(s), and a signed agreement that they will accept the heat available for export from the ERC shall be included within the Feasibility Review. Reviews shall be conducted until all of the reasonably available heat for export is utilised.

 

Reason: To maximise the recovery of energy from the ERC, and thus increase the relative carbon benefits of the facility in accordance with the Resources and Waste Strategy for England (2018), Waste Management Plan for England (2020) and National Planning Policy for Waste paragraph 4.

 

 

 

 

18. Solar Panels

The Data Centre shall not be brought into use until the solar panels are constructed and the electric link has been constructed and is capable of transmitting the electrical power produced by them to the Data Centre.

 

Reason: To ensure compliance with the requirements of West Berkshire Core Strategy Policies CS14 and CS15 and West Berkshire Minerals and Waste Local Plan Policy 25.

 

19. Data Centre

The Data Centre shall utilise the building methods for energy efficiency as prescribed in sections 6.1 and 6.2 of the Energy Statement by Stroma Built Environment, dated 05.05.2022.

 

Reason: To ensure compliance with the requirements of West Berkshire Core Strategy Policies CS14 and CS15 and West Berkshire Minerals and Waste Local Plan Policy 25.

 

20. The Data centre shall not be brought into use until the electric and heat links from the ERC to the Data Centre have been constructed and are capable of transmitting the electrical power and heat produced by the ERC.

 

Reason: In accordance with the renewable/low carbon energy requirements of West Berkshire Core Strategy Policy CS15.

 

21. All plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that noise therefrom does not exceed at any time a level of 5dB[A] below the existing background noise level or 10dB[A] if there is a particular tonal quality [or is intermittent in nature] when measured in accordance with BS4142:2014 at a point one metre external to the nearest residential or noise sensitive property.

 

Reason: To protect the occupants of nearby residential properties from noise. This condition is imposed in accordance with Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006 and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

22. The ERC shall not be brought into use until a Noise Validation Report has been submitted to the Local Authority, confirming that outdoor noise levels are as predicted, when the facility is running at maximum capacity.

 

Reason: To protect the occupants of nearby residential properties from noise. This condition is imposed in accordance with Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), Policy WLP30 of the Waste Local Plan for Berkshire 1998-2006 and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

23. Notwithstanding any submitted details, the building envelope of the Energy Recovery Centre shall be constructed with “acoustic wall panels/sheets”, in addition to acoustic louvres for openings.

 

Reason: To protect the occupants of nearby residential properties from noise. This condition is imposed in accordance with Policy OVS.6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007), Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

24. Pest Management Plan

Prior to the ERC being brought into use, a Pest Management Plan, which shall include measures for the management and control of pests such as flies and vermin, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be implemented in accordance with the approved details.

 

Reason: In the interests of local amenity. This condition is imposed in accordance Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

25. External Lighting

Prior to the installation of any external lighting full details of lighting and its location shall be submitted to and approved in writing by the Local Planning Authority (in consultation with National Highways). The development shall thereafter be undertaken in strict accordance with the approved details prior to the first occupation of the development hereby permitted and retained in accordance with the agreed specification.

 

Reason: To mitigate any adverse impact from the development on the M4. To ensure that the M4 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

26. Boundary Treatments

No fencing or other means of enclosure of the Energy Recovery Centre shall take place except in accordance with a scheme that shall have been agreed with the Waste Planning Authority.

 

Reason: Limited details have been provided with the application, so to ensure any enclosure of the ERC is in keeping with the surrounding landscape details will need to be agreed before boundary treatments are applied. This condition is imposed in accordance with Policy WLP30 of the Waste Local Plan for Berkshire 1998–2006, Policy CS19 of the West Berkshire Core Strategy 2006–2026 and Policy 18 of the Minerals and Waste Local Plan for Berkshire.

 

27. Landfill Gas Risk Assessment

No development approved by this permission shall commence until a landfill gas investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. Where a risk from gas is identified, appropriate works to mitigate the effects of gas shall be incorporated in detailed plans to be approved by the Local Planning Authority.

 

Reason: To protect future occupiers of the site and structures from the risks associated with the migration of toxic and flammable gasses. This condition is imposed in accordance with Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998–2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary because a Landfill Gas Risk Assessment is identified as being necessary in the Phase 1 Contaminated Land Report, but none has been supplied with the application. Therefore it is necessary to approve these details before any development takes place.

 

28. Highways

The development shall be carried out in accordance with the Offsite Highway Works General Arrangement shown on drawing 101 Revision P06 or such other scheme of works or variation substantially to the same effect, as may be approved in writing by the Local Planning Authority (in consultation with National Highways) and the approved scheme of highway works shall be completed fully prior to first occupation of the development hereby permitted unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the M4 Trunk Road continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety. This policy is imposed in accordance with Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998–2006, Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy 22 of the West Berkshire Minerals and Waste Local Plan.

 

29. Construction Traffic Management Plan

No development shall take place until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in accordance with the approved details.

 

Reason: To ensure that the conclusions in the Transport Assessment and Air Quality Assessment are able to be applied to the construction period and ensure no additional effects arise during this period. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary because insufficient detailed information accompanies the application and construction traffic management measures may be required throughout the construction phase. Therefore it is necessary to approve these details before any development takes place.

 

30. Wheel Cleaner / Washer

Prior to operation of the Energy Recovery Centre, wheel cleaning facilities shall be installed in accordance with details of design, specification and position which shall have been submitted to and approved in writing by the Local Planning Authority. All (heavy) goods vehicles/commercial vehicles leaving the site shall pass through and use the wheel cleaning/washing equipment immediately prior to exiting the site.

 

Reason: In the interests of road safety. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP31 of Waste Local Plan for Berkshire 1998-2006, policy TRANS.1 of the West Berkshire District Local Plan, Policy CS13 of the West Berkshire Core Strategy 2006-2026 and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

31. Oil tanks/fuel/chemical storage

Any chemical, oil, fuel, lubricant and other potential pollutants shall be stored in containers which shall be sited on an impervious surface and surrounded by a suitable liquid tight bunded compound. The bunded areas shall be capable of containing 110% of the container's total volume and shall enclose within their curtilage all fill and draw pipes, vents, gauges and sight glasses. The vent pipe should be directed downwards into the bund. There must be no drain through the bund floor or walls.

 

Reason: To minimise the risk of pollution of the water environment and soils. This condition is imposed in accordance with the National Planning Policy Framework, the National Planning Policy for Waste, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

32. Repair/Maintenance of Vehicles

Repair, maintenance and refuelling of plant and machinery shall, where practicable, only take place on an impervious surface drained to an interceptor and the contents of the interceptor shall be removed from the site.

 

Reason: To minimise the risk of pollution of the water environment and soils. This condition is imposed in accordance with the National Planning Policy Framework, the National Planning Policy for Waste, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

33. Contaminated Land

Prior to each phase of development approved by this planning permission no development shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:

 

1. A preliminary risk assessment which has identified:

- All previous uses

- Potential contaminants associated with those uses

- A conceptual model of the site indicating sources, pathways and receptors

- Potentially unacceptable risks arising from contamination at the site Page 173

West Berkshire Council Eastern Area Planning Committee 24th August 2022

 

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

 

3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

 

Reason: To protect sensitive receptors in line with paragraph 174 of the National Planning Policy Framework so they will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary, as contamination could be identified during the construction phase.

 

34. Prior to any part of the permitted development being brought into use, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

 

Reason: To protect sensitive receptors in line with paragraph 174 of the National Planning Policy Framework so they will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

35. Sustainable Urban Drainage Systems (SuDs)

No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

 

Reasons: To protect sensitive receptors in line with paragraph 174 of the National Planning Policy framework so they will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution. Permeable pavement infiltration drainage is proposed and it has the potential to mobilise contaminants from the soils. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

36. Surface Water Management Strategy

No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority.

 

 

 

These details shall:

 

m) Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and West Berkshire Council local standards, particularly the WBC SuDS Supplementary Planning Document December 2018;

n) Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site as per the agreed surface water drainage strategy on Drawing No. 101 P06, dated 09/06/22 at no greater than Greenfield run-off rates;

o) Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

p) Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

q) Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater;

r) Include a management and maintenance plan for the lifetime of the development. This plan shall incorporate arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a management company or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime;

s) Include a Contamination Risk Assessment for the soil and water environment (assessing the risk of contamination to groundwater, develop any control requirements and a remediation strategy);

t) Include measures with reference to Environmental issues which protect or enhance the ground water quality and provide new habitats where possible;

u) Apply for an Ordinary Watercourse Consent in case of surface water discharge into a watercourse (i.e stream, ditch etc);

v) Include with any design calculations an allowance for an additional 10% increase of paved areas over the lifetime of the development;

w) Provide details of how surface water will be managed and contained within the site during any construction works to prevent silt migration and pollution of watercourses, highway drainage and land either on or adjacent to the site;

x) Provide a post-construction verification report carried out by a qualified drainage engineer demonstrating that the drainage system has been constructed as per the approved scheme (or detail any minor variations thereof), to be submitted to and approved by the Local Planning Authority on completion of construction. This shall include: plans and details of any key drainage elements (surface water drainage network, attenuation devices/areas, flow restriction devices and outfalls) and details of any management company managing the SuDS measures thereafter.

 

Reason: To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner. This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy 2006-2026, Policy 24 of the West Berkshire Minerals and Waste Local Plan, Part 4 of Supplementary Planning Document Quality Design (June 2006) and SuDS Supplementary Planning Document (Dec 2018). A pre-commencement condition is necessary because insufficient detailed information accompanies the application. Surface water management measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

37. Water Discharge

No discharge of water from the development shall be permitted except treated surface water from the outfall to Englefield Lagoon.

 

Reason: To protect sensitive receptors in line with paragraph 174 of the National Planning Policy framework so they will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

38. Pollution Prevention Plan and Maintenance Schedule

No development approved by this planning permission shall be commenced until a pollution prevention plan and maintenance schedule for the septic tank has been submitted and approved in writing by the planning authority. The approved details shall then be fully implemented in accordance with the approved details throughout the lifetime of the development.

 

Reason: The Thames River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. Without this condition, the impact could cause deterioration of a quality element to a lower status class and cause deterioration of a drinking water protected area, in this case the Kennet and Holy Brook water body, because it would result in the release of untreated effluent. This condition is imposed in accordance with the National Planning Policy Framework, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary as insufficient detailed information detailed information accompanies the application.

 

39. Landscaping (including hard surfaces)

No development shall take place (including site clearance and any other preparatory works) until full details of both hard and soft landscape works (including those works in the field adjacent to the western boundary of the site as identified on Mitigation Plan, ref ENZ-01-xx-DR-L-00-021 (Figure 8.21), rev P04, dated June 2022) have been submitted to and approved in writing by the Local Planning Authority. The details shall include the treatment of hard surfacing and materials to be used, a schedule of plants (noting species, plant sizes and proposed numbers/densities), an implementation programme, and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment. The scheme shall ensure:

 

a)    Completion of the approved landscaping within the first planting season following the completion of the development; and Page 176

 

b)    Any trees, shrubs or plants that die or become seriously damaged within five years of the completion of the development shall be replaced in the following year by plants of the same size and species.

 

Thereafter the approved scheme shall be implemented in full.

 

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of the NPPF, Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026 and Policy 18 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; landscaping measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

40. Tree Protection (Scheme Submitted)

Tree Protection (Scheme Submitted)

All Tree Protective Fencing shall be erected in accordance with the submitted plans, reference drawing numbers 1144-010-ENZ-XX-01-DR-AR-45-001 Rev PL02 and 1144-010-ENZ-XX-01-DR-AR-45-002 Rev PL02, by Enzygo Environmental Consultants (Revised Jun 22).

 

The protective fencing shall be implemented and retained intact for the duration of the development.

 

Within the fenced area(s), there shall be no excavations, storage of materials or machinery, parking of vehicles or fires.

 

Reason: Required to safeguard and to enhance the setting within the immediate locality to ensure the protection and retention of existing trees and natural features during the construction phase in accordance with the NPPF, Policies ADPP1, CS14, CS17, CS18 and CS19 of the West Berkshire Core Strategy 2006 – 2026 and Policy 18 of the West Berkshire Minerals and Waste Local Plan.

 

41. Arboricultural Supervision

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF, Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026 and Policy 18 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is necessary because insufficient detailed information accompanies the application; tree protection installation measures and site supervision works may be required to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

 

42. Landscape and Ecological Management Plan (LEMP)

No development shall take place until a Landscape and Ecological Management Plan (LEMP) (also referred to as a Habitat or Biodiversity Management Plan) has been submitted to and be approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:

 

a) Description and location of all ecological enhancements (including a minimum of 20 bird nesting opportunities, 3 reptile hibernacula and 5 bat roosting opportunities to cover habitat loss and disturbance during the construction phase).

b) Habitat and enhancement installation/planting (including species list)

c) Ongoing management prescriptions to cover the biodiversity net gain period

d) Detailed design of the pond and surrounding habitats to demonstrate how the pond has been designed to enhance biodiversity; and

e) Details of how the Local Wildlife Site will be protected from any adverse impacts resulting from the operation of the site.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

 

The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

 

The approved plan will be implemented in accordance with the approved details.

 

Reason: To ensure biodiversity protection and enhancement measures are incorporated into the development. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026 and Policies 18 and 20 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is required because insufficient detail has been included within the application and the LEMP may need to be implemented during the construction phase.

 

43. Construction Environmental Management Plan (CEMP)

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; and

i) Details of how the Local Wildlife Site and its associated species will be protected during the construction phase.

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 ensure biodiversity is protected during the construction phase of development. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006 and Policy 20 of the West Berkshire Minerals and Waste Local Plan. A pre-commencement condition is required because the CEMP will need to be adhered to throughout construction.

 

44. Lighting Strategy for Biodiversity

Prior to occupation of any buildings, a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the local planning authority. The strategy shall:

 

a) identify those areas/features on site that are particularly sensitive for wildlife and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging;

b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places; and

c) ensure boundary habitats are not subject to increased levels of artificial light.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason: Certain wildlife is sensitive to light pollution. The introduction of artificial light might mean such species are disturbed and/or discouraged from using their breeding and resting places, established flyways or foraging areas. Such disturbance can constitute an offence under relevant wildlife legislation. This condition is applied in accordance with the National Planning Policy Framework, Policy CS17 of the West Berkshire Core Strategy 2006-2026, Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998–2006 and Policy 20 of the West Berkshire Minerals and Waste Local Plan.

 

45. Relevancy of Ecological Reports

Each Ecological Report (with regard to the aspect that it covers) shall only be valid for a period up to 3 years from the date it is written, with the exception of any aspects relating to bats, which shall be valid only for 12 months.

 

Reason: To ensure the ecological information presented is a representative basis for decision making and to determine compliance with relevant NPPF, and Local Plan policies.

 

46. BREEAM

The assessable elements of the ERC and Data Centre shall achieve Very Good under BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme). The buildings shall not be occupied until a final Certificate has been issued certifying that BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating of Very Good has been achieved and a copy has been provided to the Local Planning Authority.

 

Reason: To ensure the development contributes to sustainable construction. This condition is imposed in accordance with the National Planning Policy Framework, Policy CS15 of the West Berkshire Core Strategy 2006-2026 and Supplementary Planning Document Quality Design June 2006.

 

47. Schedule of Materials

No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the buildings hereby permitted, has been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the external materials are visually attractive and respond to local character. This condition is imposed in accordance with the National Planning Policy Framework, Policy WLP30 of the Waste Local Plan for Berkshire 1998-2006 and Policy CS14 of the West Berkshire Core Strategy (2006-2026). A pre-commencement condition it necessary as insufficient information has been included with the application, and the building materials will need be determined prior to construction.

 

48. Emergency Planning

No development shall take place until a comprehensive Emergency Plan has been submitted to and approved in writing by the Local Planning Authority in relation to the construction phase of the development.

 

Reason: The application site is within the Middle Consultation Zone of AWE Burghfield. To this end a robust emergency plan should be in place in order to ensure protect the health and safety of those working and visiting the site. This condition is imposed in accordance with Policy CS8 of the West Berkshire Core Strategy 2006 – 2026. A pre-commencement condition is necessary because no Emergency Plan has been submitted regarding the construction phase of the development and so it is necessary to approve these details before any development takes place.

 

49. No development shall take place until an outline Emergency Plan has been submitted to and approved in writing by the Local Planning Authority. This outline emergency plan should be in sufficient detail to provide assurance that an effective plan will be put in place, normally this means that only the final contact details and names are not completed.

 

Reason: The application site is within the Middle Consultation Zone of AWE Burghfield. To this end a robust emergency plan should be in place in order to ensure protect the health and safety of those working and visiting the site. This condition is imposed in accordance with Policy CS8 of the West Berkshire Core Strategy (2006 – 2026). A pre-commencement condition is necessary because no Emergency Plan has been submitted regarding the development and so it is necessary to approve these details before any development takes place.

 

50. No occupation of the buildings, shall take place until a comprehensive Emergency Plan has been submitted to and approved in writing by the Local Planning Authority.

 

Reason: The application site is within the Middle Consultation Zone of AWE Burghfield. To this end a robust emergency plan should be in place in order to ensure protect the health and safety of those working and visiting the site. This condition is imposed in accordance with Policy CS8 of the West Berkshire Core Strategy 2006 – 2026.

 

51. The Emergency Plan must be implemented in full and shall be kept up-to-date by the site operator, thereafter, being reviewed and amended as necessary and at least annually. The Local Planning Authority may at any time require the amendment of either/both plan(s) by giving notice pursuant to this condition. The Local Planning Authority may at any time require a copy of the then current Emergency Plan for the site which shall be submitted to the Local Planning Authority within 1 month of notice being given.

 

Reason: The application site is within the Middle Consultation Zone of AWE Burghfield. To this end a robust emergency plan should be in place in order to ensure protect the health and safety of those working and visiting the site. This condition is imposed in accordance with Policy CS8 of the

 

52. Water Provision

Development shall not commence until details for the provision of a water supply including fire hydrants to meet firefighting needs throughout the development (including the installation arrangements and the timing of such an installation) have been submitted to, and approved in writing, by the Local Planning Authority. The approved measures shall be implemented in full accordance with the agreed details.

 

Reason: To ensure that adequate measures for firefighting can be incorporated into the development, including the construction phase. This condition is imposed in accordance with Policy WLP27 of the Waste Local Plan for Berkshire 1998-2006. A pre-commencement condition is necessary because insufficient information has been included within the application, and arrangements for fire-fighting may be necessary during the construction phase.

 

53. No development shall be occupied until confirmation has been provided that either:

- All water network upgrades required to accommodate the additional flows to serve the development have been completed; or

- A development and infrastructure phasing plan has been agreed with the Local Planning Authority in consultation with Thames Water to allow development to be occupied. Where a development and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed development and infrastructure phasing plan.

 

Reason: The development may lead to no / low water pressure and network reinforcement works are anticipated to be necessary to ensure that sufficient capacity is made available to accommodate additional demand anticipated from the new development. This condition is imposed in accordance with Policy WLP27 of the Waste Local Plan for Berkshire 1998-2006.

 

54. Local Liaison Group

The ERC shall not be brought into use until a local liaison panel for the Energy Recovery Centre has been established in accordance with details to be submitted to and approved in writing by the waste planning authority. The details shall include terms of reference and frequency of meetings of the panel. The panel shall meet in accordance with the approved details.

 

Reason: In the interests of the local amenity of the area. This condition is imposed in accordance Policies WLP27 and WLP30 of the Waste Local Plan for Berkshire 1998-2006, Policy OVS.5 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007) and Policy 26 of the West Berkshire Minerals and Waste Local Plan.

 

 

 

55. Decommissioning

If for any reason other than for extended maintenance or repair, the ERC and/or Data Centre cease to be used for a period of more than 36 months, a scheme for the demolition and removal of the buildings and related infrastructure (which shall include all buildings, structures, plant, equipment, areas of hardstanding and access roads) shall be submitted for approval in writing to the Council. Such a scheme shall include:

 

(i) details of all structures and buildings which are to be demolished;

(ii) details of the means of removal of materials resulting from the demolition and methods for the control of dust and noise ;

(iii) timing and phasing of the demolition and removal;

(iv) details of the restoration works; and

(v) the phasing of restoration works.

The demolition and removal of the building and the related infrastructure and subsequent restoration of the site shall thereafter be implemented in accordance with the approved scheme.

 

Reason: To ensure a satisfactory restoration of the site upon the facility coming to the end of its operational life. This condition is imposed in compliance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy 2006 – 2026 and Policy WLP31 of the Waste Local Plan for Berkshire 1998.

 

56. Prior to the decommissioning of the Energy Recovery Centre, a scheme and timetable for the decommissioning of the building and plant and decontamination and restoration of the land shall be submitted to and approved in writing by the Local Planning Authority. The decommissioning of the plant shall be carried out in complete accordance with the details approved in accordance with the timetable set out in the approved scheme.

Reason: To ensure a satisfactory restoration of the site upon the facility coming to the end of its operational life. This condition is imposed in compliance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy 2006 – 2026 and Policy WLP31 of the Waste Local Plan for Berkshire 1998.

Informatives

 

1. Compliance with Conditions

Your attention is drawn to the conditions of this permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990 (as amended). All Conditions must be complied with. If you wish to seek to amend a condition you should apply to do so under s.73 of the Act, explaining why you consider it is no longer necessary, or possible, to comply with a particular condition.

 

2. Pre-Conditions

Conditions nos. 6, 27, 29, 36, 38, 39, 41, 42, 43, 47 & 52 impose requirements which must be met prior to commencement of the development. Failure to observe these requirements could result in the Council taking enforcement action, or may invalidate the planning permission and render the whole of the development unlawful. Page 182

West Berkshire Council Eastern Area Planning Committee 24th August 2022

 

3. Compliance with Approved Drawings

Planning permission is hereby granted for the development as shown on the approved drawings. Any variation to the approved scheme may require further permission, and unauthorised variations may lay you open to planning enforcement action. You are advised to seek advice from the Local Planning Authority, before work commences, if you are thinking of introducing any variations to the approved development. Advice should urgently be sought if a problem occurs during approved works, but it is clearly preferable to seek advice at as early a stage as possible.

 

4. Water Utilities

The proposed development is located within 15m of Thames Waters underground assets, as such the development could cause the assets to fail if appropriate measures are not taken. The necessary processes will need to be followed if work is to be carried our above or near Thames Water pipes or other structures. Please read our guide ‘working near our assets’ to ensure your workings are in line with the necessary processes you need to follow if you’re considering working above or near our pipes or other structures. https://developers.thameswater.co.uk/Developing-a-large-site/Planning-your-development/Working-near-or-diverting-our-pipes. Should you require further information please contact Thames Water. Email: developer.services@thameswater.co.uk

 

5. Building Regulations

In the event that planning permission is granted for the proposed development, the development will need to be designed and built in accordance with the functional requirements of current Building Regulation requirements. The Fire Authority seeks to raise the profile of these requirements and requests that the relevant documentation is made available to the applicant and/or planning agent by means of web link: https:/www.gov.uk/government/publications/fire-safety-approved-document-b

Full assessment of the proposed development in respect of ‘Building Control’ matters will be undertaken during the formal statutory Building Regulations consultation.

 

6. Gas Utilities

Your attention is drawn to the response by Southern Gas Networks, that there is a high pressure pipeline in the vicinity of your works. Your proposals would require the exact location of this pipeline and other SGN assets to be located before any work commences, either by electronic detection or by hand excavated trial holes as specified in the attached SW/2 document. These works must be supervised by an SGN representative, please contact Daniel Midwinter on 07411348949 / daniel.midwinter@sgn.co.uk to arrange a pre-works site visit and any future supervision.

 

7. Consultation

Reading Borough request being formally consulted on any future approval of details applications or legal agreement obligations (as appropriate) in respect of the following matters:

- Proposed haulage routes / traffic generation related matters Page 183

West Berkshire Council Eastern Area Planning Committee 24th August 2022

- Bus route measures / improvements

- Control of pollution measures

- Air Quality assessments

 

8. Decision Making

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development. In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

 

9. Environmental Impact Assessment

This decision has been made taking into account the relevant environmental information, as defined by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.