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14/01399/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 14/01399/B Applicant : Corlett Building Materials Proposal : Refurbishment of existing unit to incorporate a renewable energy micro-generation facility for the recycling of decomposable waste through anaerobic digestion Site Address : Ballaharra Quarry Peel Road St Johns Isle Of Man IM4 3RB
Case Officer : Miss S E Corlett Photo Taken : 30.12.2014 Site Visit : 30.12.2014 Expected Decision Level :
Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION IS RECOMMENDED FOR APPROVAL AND THERE IS AN OBJECTION FROM THE WASTE MANAGEMENT UNIT
THE SITE 1.1 The site is part of the land associated with Ballaharra Sand pit and quarry situated on the northern side of the A1 Peel to Douglas Road between St. John's and Peel. The land owned by the applicant stretches much further north and south than the application site which is around 5 hectares in area. The site includes areas of excavated sand and gravel as well as recycling facilities which process glass and produces concrete blocks, mortars, screeds and blocks. The processes carried on at the site also include the recovery of ferrous and non- ferrous metals, plastics and wood from construction and demolition waste.
1.2 Access into the site is via a wide opening onto the A1 directly into the site.
THE PROPOSAL 2.1 Proposed is the re-use and refurbishment of an existing portal framed building which sits within the existing group of buildings, and its use for a renewable energy micro generation plant involving the recycling of decomposable waste through anaerobic digestion. The existing building is largely to be retained and re-clad with new rooflights incorporated. An anaerobic digester is to be installed to the east.
2.2 The facility will be capable of processing some 370 tonnes of organic food waste per year. This will be collected from commercial food premises with the potential to include domestic kitchen and garden waste. The process will provide biogas, heat, digestate (a liquid which can provide a local source of bacteria free fertiliser) and solid matter. The biogas will be fed to a 9kw combined heat and power unit to provide electricity primarily for the site with any surplus being fed into the main electricity network. The heat generated will be recovered and used to maintain the biological process and to provide heat for the buildings on the site which is presently provided through the use of fossil fuels.
2.3 The digestate will be stored within the sealed unit until it can be discharged into solid containers.
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2.4 The non-biodegradable solids will be mechanically separated by an enclosed hammer mill and are sent for further recycling elsewhere or directly to the Energy from Waste Plant.
2.5 The organic wastes will be delivered to the building itself under the terms and times of the existing Waste Disposal Licence. They anticipate that the new process will result in no more than 4 additional vehicle movements per day (2 in, 2 out). Waste will be brought to the site where it is weighed and documentation is verified. When food waste is delivered, the vehicle will reverse right into the building before discharge, under supervision into the reception hopper within the building. Any waste which cannot be directly deposited will be mechanically loaded into the feed aperture from a small concrete bay. Any residual material will be washed into a drain and pumped into the anaerobic digestion process. Solid waste will be de-packaged mechanically, the organic material then being compressed through a fine mesh screen to ensure a homogenous material with a large surface are. The packaging will then be sent to the Energy From Waste Plant or for further recycling. The organic material is then "wetted up" with any liquid wastes and processing water and this is all then fed into the anaerobic digester which is fully sealed which prevent odour issues. The material is then heated to 70 degrees centigrade for an hour which removes any pre-existing bacteria and breaks down the waste to smaller particles. This then satisfies the UK Animal By-products Regulations to PAS110 standard which allows resale of the fertiliser. The pasteurised waste is then pumped into the digester tank and is converted to gas through biological action with the indigestible material left behind as mulch. The liquid released is the fertiliser.
2.6 The proposal will result in the creation of two full time jobs.
PLANNING POLICY AND STATUS 3.1 The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an area for surface mineral working. Interestingly, there are no areas designated for recycling or the processing of waste: there are areas for the "surface disposal of waste" and "reclamation". The recycling facilities hereby proposed would fall within the category of an industrial process as defined in the Strategic Plan as follows:
"a) the making of any article or of part of any article; or b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel."
Such processes are sub-divided into light industrial, general industrial and special industrial buildings, each defined as follows:
"light industrial building means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit, or undue generation of traffic or parking of vehicles; the use of light industrial buildings for research and development of products or processes is permitted by the Town and Country Planning (Permitted Development) Order 2005."
"general industrial building means an industrial building other than a light industrial building or a special industrial building"
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"special industrial building" means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit, or fumes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes."
However, the plan also states that "industrial building" means a building (OTHER THAN A BUILDING IN OR ADJACENT TO OR BELONGING TO A QUARRY OR MINE and other than a shop) used for the carrying on of these processes.
3.2 Waste Policy 1 is the most directly relevant policy applicable to the development:
"Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling or recovery or materials from waste will be permitted provided that: a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy; b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby: c) there would be no unacceptable adverse effect on: i. landscapes, geology/geomorphology and features of special interest or attraction 11. Ancient Monuments or their settings iii. Registered Buildings or their settings or features of architectural importance iv. the character and appearance of Conservation Areas v. suites of archaeological interest vi. sites containing species or habitats or international, national or local importance vii. land drainage and water resources viii. areas of woodland or the Island's timber resources or ix. designated National Heritage Areas. d) the proposal is acceptable in terms of access arrangements and highway safety e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping f) the proposal does not sterilise other significant mineral deposits g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.
Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations of facilities referred to in this policy will require the submission of an Environmental Impact Assessment."
PLANNING HISTORY 4.1 The site has been the subject of previous applications for alterations and extensions relating to the quarry and the recycling operations which take place on the site, none of which is considered relevant to the consideration of the current application.
REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that they do not object to the application (16.01.15).
5.2 German Parish Commissioners support this application with the following conditions:-
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3. That no animal or human effluent will be treated on the site (27.01.15).
5.3 Manx National Heritage welcomes the application which will generate biogas whilst reducing energy costs of the quarry operation whilst producing a form of bacteria free fertiliser. They would ask that conditions are attached to any approval, which stipulate that there is adequate control of odours from organic waste awaiting processing as it is noted that there are opportunities for odours to escape and be a nuisance to neighbours. The means of controlling wind-borne waste should also be in place (18.12.14).
5.4 The Waste Management Unit (WMU) suggest that whilst there is a suggestion in the application that the intention of the application is for energy generation, it is perhaps more for the disposal of organic waste (27.02.15). They advise that the Waste Management Strategy 2012-2022 does not identify the disposal of organic waste as an acknowledged need and that as such the proposal fails to accord with the first requirement of Waste Policy 1.
5.5 They suggest that the proposal has a significant capacity for waste which could be disposed of at the facility. They are aware that when the Waste Management Strategy was developed this was on the assumption that waste treatment levels at the Energy from Waste Plant (EfWP) would remain static when they have actually declined since the plant was commissioned. As such the information provided in the Waste Strategy are perhaps not as dependable as were initially hoped and there is a risk that if decisions continue to be taken on these bases that there could be an overprovision of waste management capacity. There is also a consideration which is not included in the Waste Management Strategy that proposals for waste management installations should be assessed with full consideration of their carbon impact, rather than just a simple presumption that recycling or reusing is the best option, that decisions could undermine the need to balance economic and environmental factors.
5.6 Finally, they are concerned that the application does not provide any information about the end tonnage or quality of the end digestate and there are no technical or quality specifications for demonstrating its possible uses on Island or possible markets for its use and how it will offset imported fertiliser. It is not known whether the material will be sold from site or delivered from site and there is concern that, given the recent permission for the development of an uncapped tonnage facility for composting (PA 14/00846/B), there could be insufficient outlets for the end products of these processes which could become the source for unregulated disposal of low grade compost and digested material on as yet unidentified land, potentially resulting in visual and environmental harm (27.02.15).
ASSESSMENT 6.1 The Waste Policy and Strategy includes various references and statements which are relevant to the consideration of the current application:
Introduction by Graham Cregeen MHK:...Where possible value or energy is recovered from waste and those who generate waste take responsibility for the cost of dealing with it".
Vision for Waste Management 2022: "We will promote an environment to minimise its creation. Where is has been created we will exploit its uses to the advantage of the Manx community".
"Success and the delivery of this approach will be measured by two high level performance targets. The first target is to recycle 70% of the island's waste across all sectors and the second is a commitment to reduce waste to landfill to 5%".
Policy 2 - Waste hierarchy includes "identify opportunities to improve the recycling of commercial waste".
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Policy 4 - Waste infrastructure: "We will ensure that the Island has access to an adequate network of waste storage, processing, treatment and disposal facilities developed in accordance with the principles of self-sufficiency, proximity and cost, whilst complying with the appropriate legislation."
The Policy and Strategy states that "As an Island we must have an appropriate level of waste infrastructure with which can treat or dispose of our own waste"
Guidance on Applying the Waste Hierarchy produced by the DoE UK includes the following: prevention, preparing for re-use, recycling, other recovery and disposal in that order. Recycling includes the description, "turning waste into a new substance or product, including compost if it meets quality protocol standards". Other recovery is described as follows: "Includes anaerobic digestion, incineration with energy recovery, gasification and pyrolysis which produce energy (fuels, heat and power) and materials from waste; some backfilling operations." The recommended process for food waste is prevention then anaerobic digestion then composting or other energy recovery technologies and finally disposal as the final alternative.
The document suggests that if businesses produce waste they are obliged to consider what type of waste is produced and to ask are they dealing with it? Could they send more waste to a business which can repair/refurbish, clean it so that it can eventually be re-used? They also recommend that they should also consider whether any food or garden waste be used for anaerobic digestion.
6.2 Waste Policy 1 requires not only that a development proposal should comply with the Waste Management Strategy but that there should be an acknowledged need for it in the Strategy. The only acknowledged need in the Strategy is for a hazardous waste facility which has now been approved in Braddan. In this there is an implicit suggestion that if the development is not identified specifically in the Strategy then it is not an acknowledged need, regardless of whether land is designated for that or an appropriate purpose. This debate was apparent in the consideration of the waste processing facility proposed by Island Drainage and Groundworks to the rear of the Energy from Waste Plant (14/00846/B). The Committee concluded in that case that as the proposal would result in increased opportunities for recycling which are identified within the Waste Management Strategy as being beneficial generally. This current application is slightly different in that there is already an operation on- going on the site in the form of the quarry with associated operations and the buildings and facilities which serve these. As such, the visual and other impacts which will result from the proposed recycling/energy generation need to be balanced against the existing impact of what currently goes on on the site.
6.3 The applicant has indicated that garden waste will come primarily from commercial gardeners and landscapers. The public can dispose of green waste at civic amenity sites and this may be then passed on to the applicant: they do not want the public bringing waste directly to their site. They understand that at present food waste is either disposed of at the EFWP or shipped off Island to an anaerobic digestion plant which they believe requires certification. Whilst they understand that there is no acknowledged need for their proposed facility, as the process will result in the creation of energy it brings it up the waste hierarchy than composting or incineration.
6.4 The proposal will re-use an existing building on site which is generally unseen from a public perspective due to its location. The proposal will result in limited additional traffic movements, there is no objection from Department of Infrastructure Highway Services and the site already has considerable amounts of heavy vehicle comings and goings from the existing authorised operations within the site.
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6.5 It is considered that on balance this application should be approved. Whilst there is no acknowledged need within the Waste Management Strategy for this, there are clear benefits, not only to the applicant in terms of energy which is used on site, reducing his consumption, but also more widely for the Island, potentially reducing the amount shipped off Island or for use for composting which has been the subject of previous concerns by the WMU in terms of quality of product, demand and resistance to prevailing wind during the process. The benefits are acknowledged by Manx National Heritage but doubted by the WMU and this illustrates that there is clearly a balance to be struck. As the proposal re-uses an existing building with limited if any impacts on highway safety or capacity and there are environmental benefits to the proposal, the application is recommended for approval.
6.6 Whilst Manx National Heritage seek conditions regarding odour control, this is a matter for the DEFA and the Waste Licence and could not be effectively or practicably enforced through the planning process.
6.7 The suggestions by German Parish Commissioners to control the stockpiling of material is a good one, but the process does not appear to describe any process which will result in any material being stockpiled. A condition should be attached to control this. Finally, whilst there may be concerns over the quality of the end product or where and how it is used, this is not something which may be practicably controlled by the planning process.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - Manx National Heritage is included in this provision; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.04.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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O : Notes attached to refusals
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. No approval is hereby granted to the creation of a civic amenity site whereby the public may bring waste items to the site.
Reason: in the interests of highway and pedestrian safety.
C 3. No approval is hereby granted to the stockpiling of any materials either at the start, during or the end of the process. If there is to be any outside storage of materials in association with the proposal, this must be the subject of further plans to be approved by the Department before any such storage occurs and the storage undertaken in accordance with the approved scheme.
Reason: in the interests of reducing adverse visual and odour impact.
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This approval relates to drawings 0, 1 and 2 all received on 8th December, 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...PER... Committee Meeting Date:...18.05.2015
Signed :...S CORLETT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).
YES/NO
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