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Development Control Committee Meeting to be held on 7 July 2004 Part 1 – Item No 3 Electoral Division affected: Lancaster City Lancaster City: Application Number 01/04/0476 To erect a boiler room building, an MCC kiosk and 4 no. lightning protection masts at Lancaster Wastewater Treatment Works, Stodday, near Lancaster Contact for further information: Robert Hope, 01772 534159, Environment Executive Summary Application – To erect a boiler room building, an MCC (Motor Control Centre) kiosk and 4 no. lightning protection masts at Lancaster Wastewater Treatment Works, Stodday, near Lancaster. Recommendation – Summary That planning permission be granted subject to conditions controlling the commencement of operations, working programme, hours of working, silencing of plant and scheme for noise monitoring. Applicant’s Proposal Planning permission is sought for the erection of a boiler room building, an MCC (Motor Control Centre) kiosk and 4 no. lightning protection masts within the operational area of an established wastewater treatment works as part of the applicant’s long–term strategy for sludge disposal at the works. The boiler room measures 20m x 11m x 4m high and would be constructed of dark green glass reinforced plastic (GRP). The kiosk measures 18m x 6m x 4m high and would be constructed of glass reinforced plastic, also coloured dark green. In addition, a new biogas gasholder is to be constructed on the site of an existing sludge storage tank (to be demolished) to provide sufficient storage for the increased biogas production. The gasholder has the benefit of permitted development rights but the four, 20 metre high, lightning conductor masts needed to protect against lightning strikes do not enjoy such rights. Description and Location of Site The proposed development would be located within the existing Lancaster Wastewater Treatment Works. The boiler room and kiosk are to be located centrally within the site and the lightning protection masts towards the western perimeter. -2- The treatment works lies within the open countryside approximately 2 kilometres to the south of central Lancaster. There are no residential properties within approximately 400 metres of the site. Background History The proposed development would be located within an existing Wastewater Treatment Works at which a number of planning permissions have been previously granted. Planning Policy Lancashire Structure Plan Policy 1 – Development in rural areas Policy 70 – Waste Water Treatment and Disposal Facilities Replacement Joint Lancashire Structure Plan Policy 5 – Development in Rural Areas Lancashire Minerals and Waste Local Plan Policy 2 – Quality of Life Policy 7 – Open Countryside and Landscape Policy 102 - Extensions Policy 103 – Ancillary Development Lancaster District Local Plan (Deposit Edition incorporating proposed modifications) Policy E4 – Development in the countryside Consultations Lancaster City Council – No objection. Section Manager (Traffic and Safety) – No objection. Environment Agency – No objection. Representations – The application has been advertised in the local press, by notices posted at the site and in Stodday, and neighbouring residents have been notified by letter. Two letters of representation have been received objecting to proposals and raising the following summarised issues: There are concerns regarding the hazards associated with biogas storage. Visual intrusion of the white spherical gasholder, 12m high stack, 6 x 9.5m high reactor vessels and 4 x 20m high lightning protection masts. -3- Increasing noise levels arising from the waste water treatment works and the potential for new developments to further exacerbate the problem. Disturbance caused by construction traffic movements as early as 6:30am. Advice Assistant Director (Planning) – Observations The proposed development is part of a larger scheme relating to the improvement of wastewater discharges and waste management at the works as required by a range of more stringent environmental quality standards including the Bathing Water and Urban Wastewater Treatment Directives. A number of elements of the proposed works constitute permitted development and the letters of objection in respect of those rights cannot be addressed as part of this application. he kiosk and boiler room would be located within the boundaries of the works and would be screened from adjoining uses by existing structures. The lightning protection masts are essential components of gasholder health and safety protection measures. The structures would have a galvanised steel surface finish to minimise visual impact on the skyline. The traffic from the proposed development is not considered to be of a scale that would cause undue noise disturbance to the amenity of local residents. The Environmental Health Department at Lancaster City Council have stated that there is a history of noise complaint caused by the operation of the site, and feel it is important that noise levels are not permitted to increase significantly above the existing background levels which exist in the area surrounding the plant due to existing 24 hour sewage treatment operations. In the light of representations received concerning noise, a condition is recommended requiring the applicant to undertake a noise survey and implement mitigation measures if necessary. Concerns have been raised over the safety of the biogas storage tank. This structure has the benefit of permitted development rights. However, the concerns raised have been brought to the attention of the applicant who has given verbal assurance that appropriate health and safety policy will be applied. In this instance the proposed gas holder would be a considerable distance from residential properties, the nearest houses being approximately 400 metres away. The proposals comply with the policies of the development plan in that they are required to improve wastewater treatment, are located within an existing wastewater treatment works, and are of a design and scale that would be in keeping with their locality. Conditions are proposed which would safeguard the amenity of local residents. In the circumstances it is not considered that any Convention Rights under the Human Rights Act would be affected by the proposal. -4- Summary of Reasons for Decision The development is required to enable compliance with legislation regarding the management of sewage sludge. The development is also located within an existing waste water treatment works. Provided that the permission is subject to environmental controls including control of noise, the proposal is considered to accord with the policies of the development plan, in particular Policies 1 and 70 of the Lancashire Structure Plan, Policy E4 of the Lancaster District Local Plan and Policies 2 and 103 of the Lancashire Minerals and Waste Local Plan. Recommendation That planning permission be granted subject to the following conditions: Time limit 1. The development shall commence not later than five years from the date of this permission. Reason: Imposed pursuant to Section 91(1)(a) Town and Country Planning Act 1990. Working programme 2. The development shall be carried out, except where modified by conditions to this permission, in accordance with the following documents: a) The planning application and supporting statement dated 25 March 2004. b) Submitted Plans: 0375/90017407/0097/1003, Issue A - Location Plan 0375/90017407/0097/1004, Issue A - Site Layout 0375/90017407/0097/1005, Issue A - MCC kiosk Elevations 0375/90017407/0097/1006, Issue A – Boiler Room Elevations Reason: For the avoidance of doubt and to enable the County Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policies 1 and 70 of the Lancashire Structure Plan and Policies 7, 102 and 103 of the Lancashire Minerals and Waste Local Plan. Hours of working 3. No construction development or delivery of materials shall take place except between the hours of: 0800 to 1800 hours, Mondays to Fridays (except Public Holidays) 0800 to 1300 hours on Saturdays -5- No construction development or delivery of materials shall take place at any time on Sundays or Public Holidays. Reason: To safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policies 2 and 103 of the Lancashire Minerals and Waste Local Plan. Silencing of Plant 4. The boiler room building shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer's specification and shall be maintained in accordance with that specification at all times throughout the development. Reason: To safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policy 2 of the Lancashire Minerals and Waste Local Plan. Noise monitoring 5. Prior to the commencement of development a scheme and programme for noise monitoring/mitigation at the site shall be submitted to and approved in writing by the Assistant Director (Planning). The scheme and programme shall include details of: a) ambient/background noise levels at the site during the daytime and at night-time; b) the identification of noise sensitive properties and maximum noise levels at these properties during the daytime and at night-time; c) the identification of noise monitoring points and maximum noise levels at these points; d) the equipment to be used for monitoring and the information to be recorded including weather conditions, activities taking place at the site and the plant and equipment being used during the monitoring period; e) the monitoring period, which shall include provision for noise measurements to be taken at the points identified in c) above before the development commences and after the development is completed; f) provision for noise monitoring results taken after completion of the development to be submitted to the Assistant Director (Planning) within 1 month of the measurements being taken; g) the measures to be taken if noise levels exceed background levels by at least 5dB(A) when measured at the boundary of the site or at the noise sensitive properties identified; -6- h) a timescale for the implementation of each of the above matters; The approved scheme and Programme shall be carried out in its entirety. Reason: To safeguard the amenity of local residents and adjacent properties/landowners and land users and to conform with Policy 2 of the Lancashire Minerals and Waste Local Plan and to enable the Planning Authority to monitor the operations to ensure compliance with this permission. Definitions Assistant Director (Planning): means the Assistant Director (Planning) of the County Planning Authority. Local Government (Access to Information) Act 1985 List of Background Papers Paper Date Contact/Directorate/Ext Development Information Folder 01/04/0476 24 May 2004 Robert Hope Environment 34159 Reason for inclusion in Part II, if appropriate N/A