Agenda item

NORTHERN ENERGY DEVELOPMENTS LIMITED: DEVELOPMENT OF LAND WITHOUT COMPLIANCE WITH CONDITION 1 OF PLANNING PERMISSION REFERENCE 08/00309/DET - ERECTION OF A WOOD FIRED COMBINED HEAT AND POWER PLANT AND FORMATION OF VEHICULAR ACCESS: LAND TO NORTH OF DALINLONGART WASTE DISPOSAL SITE, SANDBANK, DUNOON (REF: 12/00838/PP)

Report by Head of Planning and Regulatory Services

Minutes:

The Principal Planning Officer spoke to the terms of a report advising that planning permission (ref 08/00309/DET) was previously granted on 9 June 2008 for a wood fired combined heat and power plant within the Council’s Waste Management facility at Dalinlonghart and is due to expire on 9 June 2013.  The Applicant’s agent has confirmed that due to unforeseen circumstances, delays in the procurement process and the offer of a grid connection date beyond 9 June 2013, a revised construction schedule has been adopted for the project.  As a result, it may not be possible to implement this consent within the prescribed period and as a precautionary measure, the Applicant’s request an extension to the approved permission by which development must commence by three years to 9 June 2016.  The scheme is unchanged from the previous proposal and is still considered to be acceptable in terms of use, siting, design and materials subject to conditions detailed in the report.

 

Decision

 

Agreed that planning permission be granted subject to the following conditions and reasons:-

 

1.        For the avoidance of doubt, the development shall be implemented in accordance with the details specified on the application form dated 16 April 2012 and accompanying site location plan no. MG372/PA/F/01; and to the following drawings approved under planning permission ref. 08/00309/DET – HG347/PA/F/01, HG347/PA/F/02, HG347/PA/F/09, HG336/PA/F/04, HG347/PA/F/06, HG347/PA/F/05, unless the prior written approval of the Planning Authority is obtained for an amendment to the approved details under Section 64 of the Town and Country Planning (Scotland) Act 1997.

 

Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details.

 

2.        No development shall be commenced until a Construction Method Statement (CMS) has been submitted to and has been approved in writing by the Planning Authority following consultation with the Scottish Environment Protection Agency. The development shall be implemented in accordance with the provisions of the duly approved CMS.

 

Reason: In order to ensure that construction activities have regard to pollution control and amenity considerations.

 

3.        No development shall be commenced until a detailed Sustainable Urban Drainage (SuDS) Scheme (designed in accordance with the agreed Draft Drainage Assessment/SuDS Strategy) has been submitted to and has been approved in writing by the Planning Authority following consultation with the Scottish Environment Protection Agency and Scottish Water. This shall have regard to the provisions of the outline drainage assessment submitted with the application and shall seek to minimise surface water run-off from the site. The development shall be implemented in accordance with the provisions of the duly approved scheme.

 

Reason: In order to prevent potential pollution of controlled waters.

 

4.        No development shall be commenced until a Site Waste Management Plan has been submitted to and has been approved in writing by the Planning Authority following consultation with the Scottish Environment Protection Agency. This shall address the intended means of dealing with waste arising during the construction process and during the operational phase of the development. The development shall be implemented and operated in accordance with the provisions of the duly approved management plan.

 

Reason: In the interests of waste minimisation and pollution control.

 

5.        Prior to the commencement of development, samples and/or full details of the materials/colour finishes to be applied to the boiler/turbine building, the cooling plant, chimney, wood chip handling equipment and portable buildings shall be submitted to and approved in writing by the Planning Authority. These shall comprise recessive colours appropriate to a forested location (e.g.  a non-reflective material, dark green in colour). The development shall be completed in accordance with the duly approved details and shall be retained as such unless any subsequent variation thereof is agreed in advance in writing by the Planning Authority.

 

Reason: In order to help assimilate the development into its landscape setting in the interests of visual amenity.

 

6.        All emissions from the combined heat and power plant shall discharge from a chimney which shall not exceed an overall height of 30.0 metres.

 

Reason: In order to ensure that chimney height is limited to that necessary to safeguard air quality, in the interests of visual amenity.

 

7.        Prior to the commencement of development, a dispersion modelling exercise shall be submitted to and approved by the Planning Authority to ensure that the air quality of the residential properties at Ballochyle and Sandhaven will not exceed stated objectives by the grounding of the plume from the 30-metre high stack.

 

Reason: In the interests of the amenity of the area and the protection of local air quality.

 

8.        Prior to the commencement of development, a chimney height assessment using Technical Guidance Note D1 shall be submitted to and approved in writing by the Planning Authority, if the boiler is not to require authorisation as a prescribed process by SEPA.

 

Reason: In the interests of the amenity of the area and the protection of local air quality.

 

9.        Prior to commencement of development, section drawings through the site indicating a finished floor level for the boiler/turbine building relative to a fixed datum on the existing forestry road on the eastern boundary shall be submitted to and approved in writing by the Planning Authority. This shall also include full details of any cut and fill operations required and the development shall be implemented in accordance with the duly approved details.

 

Reason: In order to minimise the overall height of the building relative to surrounding ground levels in the interests of visual amenity.

 

10.    No development shall commence until the developer has secured a programme for the management of woodland within 50m of the site boundary (including the selective felling, management and re-stocking of this area), in accordance with details to be submitted to and approved by the  Planning Authority. Thereafter this area shall be retained and managed in accordance with the duly approved programme unless otherwise agreed in writing with the Planning Authority.

 

Reason: In order to ensure tree management and replacement in the interests of visual amenity.

 

11.    Prior to commencement of development, a Noise Impact Assessment for the chipping operation and operation of the plant shall be submitted to and approved in writing by the Planning Authority. The  levels of noise arising from the operation of the combined heat and power plant shall not exceed the existing pre-determined background noise levels at the boundaries of the nearest noise sensitive properties (at Balagowan, Gleann Ban - and at An Creachan, Glen Kin) as agreed with the Planning Authority in consultation with Public Protection. All noise measurements shall be conducted in accordance with BS4142:1997.

 

Reason: In order to prevent noise disturbance to nearby properties.

 

12.    Prior to the commencement of development, a scheme for the protection of the nearest residential properties from noise from the boiler/turbine plant and chipping operation shall be submitted to and be approved in writing by the Planning Authority. This scheme shall include details of any sound insulation to be provided on the western and northern elevations of the boiler/turbine building to achieve the noise limits specified in condition 11 above, and of any acoustic barriers to the site of the chipping operation. The development shall not be implemented and operated otherwise than in accordance with the duly approved details.

 

Reason: In order to ensure compliance with the terms of the permission.

 

13.    Prior to the commencement of operation of the combined heat and power plant, a noise assessment plan shall be submitted and approved by the Planning Authority which shall include details of the monitoring to be carried out in order to ensure compliance with conditions 11 and 12 above.

 

Reason: In order to prevent noise disturbance to nearby properties.

 

14.    Notwithstanding any submitted details, wood chipping shall only take place between the hours of 0700 and 1800 hours Mondays to Fridays, excluding Scottish public holidays, unless otherwise agreed in writing with the Planning Authority in consultation with Public Protection.

 

Reason: In order to prevent noise disturbance to nearby properties.

 

15.    Notwithstanding any submitted details, vehicle movements, collections and deliveries, and all other on-site external operations including the handling and loading of woodchips, to, from and within the site shall be limited to 0700 and 1800 hours Mondays to Fridays, excluding Scottish public holidays, unless otherwise agreed in writing with the Planning Authority in consultation with Public Protection.

 

Reason: In order to prevent noise disturbance to nearby properties.

 

16.    The development shall only operate with the abatement equipment, including the electrostatic precipitator, in operation. In the event of failure of any abatement plant, the operator shall cease the combustion process as soon as reasonably practicable and the process shall not recommence until the abatement plant has returned to full working order.

 

Reason: In the interests of the amenity of the area and the protection of local air quality.

 

17.    Prior to the commencement of development, details of the wood chip storage arrangements shall be submitted to and approved in writing by the Planning Authority, and the development shall not be operated other than in accordance with the duly approved details. These plans shall make particular reference to the management of dust on site.

 

Reason: In the interests of amenity.

 

18.    Prior to work starting on site, full details of any external lighting to be used within the site and along its access shall be submitted to and approved in writing by the Planning Authority. Such information shall include full details of the location, type and angle of direction and wattage of each light, which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary. For the purposes of this condition, any external lighting installations shall be designed to confirm with Scottish Executive Guidance Note Controlling Light Pollution and Reducing Lighting Energy Consumption and having regard to the Institute of Lighting Engineers Guidance.

 

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

 

(Reference: Report by Head of Planning and Regulatory Services dated 23 May 2012, submitted)

Supporting documents: