Agenda item

Report by the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (PN6)

The proposed development is partly retrospective and is for a larger MRF building facility on a slightly different orientation to that approved in planning permission no. 10/00361/CM.14.          It is proposed that up to 150,000 tonnes per annum of non-hazardous commercial and industrial waste (120,000 tonnes) and construction and demolition waste (30,000 tonnes) would be imported to the MRF facility. The existing approved MRF building was too small to accommodate the relevant waste treatment equipment hence the increase in size. The waste processing equipment would sort and process waste to produce Solid Recovered Fuel (SRF) or Refuse Derive Fuel (RDF) and to generate other recyclable materials from the components which cannot be used to produce SRF or RDF or which it would be more valuable to recycle. The production of SRF and RDF is stated to also be compatible with the gasification waste treatment technologies and associated power generation consented under permission no. 11/00015/CM. Vehicular access would be taken via the main landfill site reception area and the weighbridge and wheel cleaning facilities. It is also proposed that conditions C24 and C29 of permission no. 10/000361 be removed from any permission granted to this application. It is considered by the applicant that condition C24 is no longer required because the landscape planting is no longer necessary as planting has now grown up naturally such as to provide satisfactory screening. It is considered by the applicant that condition C29 is no longer required as there is no longer any over-filling or odour nuisance and the detailed sequence of the capping and restoration of the landfill site is the subject of detailed conditions on the most recent non-hazardous landfill permission (13/000973/CM). Significant capping works were carried out at the site in 2014 including the northern flanks to Cells 4 and 5 which were historically overfilled and the northern flank to Cell 8.  Approximately a third of the area which was overfilled in Cells 3, 4, 5 and 6 has been capped.  It is the intention of the applicant to commence the preparatory works for capping the remainder of Cells 4, 5 and 8 together with Cells 3, 6 and 9 in early May 2015 with the objective of completing the capping works in 2015. The report considers the development against relevant planning policies and other material considerations.

It is RECOMMENDED that subject to the applicant first entering into a Section 106 Legal Agreement to secure that the development will be carried out in accordance with the same requirements of the existing legal agreements including the hinterland from which the majority of waste can be imported Application MW.0031/15 be approved subject to conditions to be determined by theDeputy Director  for Environment & Economy (Strategy & Infrastructure Planning) but in accordance with those set out in Annex 2 to the report PN6.

The Committee considered (PN6) a partly retrospective application for a larger MRF building facility on a slightly different orientation to that which had been approved in planning permission 10/00361/CM.14.

Mr Periam also referred to the addenda sheet which set out a response from the applicant’s agent to an enquiry from county officers regarding the timescale for completion of the commissioning process. It also set out an additional recommendation regarding authorisation to refuse the application should the legal agreement referred to in the printed recommendation (a) not be completed within 13 weeks of the date of this meeting.

Mr Periam then responded to the following questions from members:

Councillor Phillips – he clarified the additional area of building.

Councillor Lilly - confirmed that a filtering system would be installed to prevent emissions.

Councillor Cherry – the intention was that the MRF facility would not commence operation until the cells had been capped.

Councillor Bartholomew – the building had been enlarged in order to accommodate new processes and equipment required due to advances in technical expertise. There was inevitably a risk involved to applicants when submitting such applications and confirmed that this application had been prompted by county monitoring officers.

Councillor Phillips – any waste which remained in the building after 31 December 2020 would be required to go to landfill.

Mr Kerford-Byrnes then spoke and referred to the complex and troubled history of this site but had been heartened to see that the terms of Condition 2 prevented the facility becoming operational until such time as cells 4, 5 and 8 had been capped and, with that caveat in place, the parish council were happy to support the recommendation and the terms set out as part of the additional recommendation.

Councillor Fulljames as local member criticised the nature of the retrospective application which she felt should have been submitted in the normal way. She confirmed that the problems experienced by local residents such as smell, flies, wind-blown litter had been severe over the years and it was imperative that capping work was completed before the facility became operational but remained concerned regarding enforcement of condition 2.

Mr Periam then responded to further questions from::

Councillor Greene -  he confirmed that the Committee could agree to officers seeking a breach of condition notice to secure the capping of cells 4, 5 and 8 by a set date.

Councillor Bartholomew – that a condition could be attached that the company notify when the commissioning certificate had been issued.

RESOLVED: (on a motion by Councillor Tanner, seconded by Councillor Johnston and carried unanimously):

(a)          that subject to the applicant first entering into a Section 106 Legal Agreement to secure that the development would be carried out in accordance with the same requirements of the existing legal agreements including the hinterland from which the majority of waste could be imported Application MW.0031/15 be approved subject to conditions to be determined by the Deputy Director  for Environment & Economy (Strategy & Infrastructure Planning) but in accordance with those set out in Annex 2 to the report PN6 plus additional conditions that:

(i)            the operators notify the County Council immediately when the commissioning certificate had been issued;

(ii)          that no further commissioning works occur after a date to be determined by officers following consultation with the Chairman of the Planning & Regulation Committee until the capping of cells 4,5 and 8 had been completed;

(b)       that the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) be authorised to refuse the application if the legal agreement referred to in (a) above had not been completed within 13 weeks of the date of this meeting on the grounds that without it the development would not comply with OMWLP policy W3 (a) with regard to the identified hinterland;

(c)       that the Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) be authorised to serve a Breach of Condition Notice to secure the capping of cells 4, 5 and 8 by 31 August 2015.