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PLANNING COMMITTEE 5 October 2017
Matthew.rees@hounslow.gov.uk
References: P/2017/2168 01390/AX/P3
Address: Heathrow Eastern Balancing Reservoirs, Girling
Way, Feltham
Ward:
Proposal:
Application Drawings:
Feltham North Ward
Erection of a Moving-Bed Bio Reactor (MBBR)
water treatment plant, in-pond sheet piling and
relief channel.
16886 – XX – GA – 960 – 000002 Version 1.0, 16886 –
XX – GA – 864 - 000008 Version 1.0, 16886 – XX – GA
– 864 - 000009 Version 1.0, XA100 rev P2, XA101 rev
P2, XA102 rev P3, Ecological Mitigation Report (dated
March 2017) and Planning Statement (dated 22 May
2017) received on 25 May 2017, Performance
Specification (dated 16 February 2017), Particular
Specification (dated 16 February 2017), Plant Noise
Assessment (dated 21 April 2017) received on 6th June
2017 and 16886 – XX – GA – 960 – 000001 Version 1.0
received on 24 July 2017
This application is being forwarded to Planning Committee on the basis
that it represents a departure from the Development Plan.
1.0 SUMMARY
1.1 The applicant seeks planning approval for a Moving Bed Biofilm Reactor
biological waste water treatment plant, a new relief channel and
associated equipment with a view to improving the cleanliness of water
being released from the Heathrow Eastern Balancing Reservoir into the
River Crane.
1.2 The proposed structures are considered to be sensitively located as to
ensure they do not raise any design, transport or amenity concerns.
They would be located within Green Belt land, but given the wider
benefits attached to the scheme it is considered that in this case very
special circumstances exist for permitting the works.
Approval of the planning application is therefore recommended.
2.0 SITE DESCRIPTION
2.1 The application site is the Eastern Heathrow Balancing Reservoir, an
approximately 24 hectare site bordered by the Great South West Road
on its northern and western sides, properties adjacent to and fronting on
to Green Man Lane to the south, industrial units to the north and south
east and the River Crane to the north east.
2.2 The balancing reservoir is split into 2 distinct bodies of water with the
Causeway running through the middle. The western (upper) reservoir
receives water run-off from Heathrow Airport and through a system of
instruments and sheet piles measures the toxicity of water, separates
contaminated water containing de – icer that runs off from the airport,
contains it allowing for the chemicals to be broken down before
discharging it into the river Crane.
2.3 The site is primarily accessed via an access point off the Great South
Western Road, though there is a smaller access point off Green Man
Lane. The entire site is allocated as Green Belt and a Site of Importance
for Nature Conservation.
3.0 HISTORY
3.1 The recent planning history on the site is limited to approval of a switch
room in 2005 (ref: 01390/AX/P1) and security enhancements in 2014
(01390/AX/P2)
4.0 DETAILS
4.1 The purpose of the application is to improve the existing facilities with an
additional pollution control mechanism to cater for a rise in levels de –
icing fluids running off into the reservoir, preventing run off into the River
Crane.
4.2 The additional facilities involve:
A new Moving Bed Biofilm Reactor (MBBR) biological waste
water treatment plant
A series of sheet piling within the upper reservoir
A new outfall to the River Crane from the lower reservoir
4.3 The MBBR plant would occupy a 40 x 50 metre plot of land to the south
of the upper reservoir, primarily on an existing parking area. The
equipment would comprise of a series of tanks with free moving plastic
carriers and ancillary equipment reaching a maximum height of 12.75
metres. The facility would remove biodegradable organic compound
present in wastewater, converting it into sludge for removal.
4.4 2 sets of sheetpiles and penstocks would be installed within the upper
reservoir, these would hold back water containing de – icer so it may be
treated.
4.5 The relief channel into the River Crane would be located on the northern
side of the site tunnelling under the existing riverside pathway. This
would serve to discharge more clean water into the River Crane when
possible to alleviate flood pressure within the reservoir and control flow
rates.
5.0 CONSULTATIONS
5.1 41 neighbouring properties were consulted on 7 August 2017, a site
notice erected on 16 August 2017 and a press notice advertised on 18
August 2017. The application has been advertised as a departure from
the Development Plan on the basis that the proposal involves
development within the Green Belt. No public objections were received.
5.2 The Environment Agency responded with an objection to the planning
application on the basis of an absence of a Flood Risk Assessment.
These objections were subsequently removed with the provision of
additional information.
5.3 Heathrow Airport have responded, raising no objections to the scheme
subject the imposition of conditions.
5.4 The Friends of the River Crane Environment Group responded to
support the principle of the proposal, but requested screening to the
MBBR plant.
5.5 Natural England responded to point towards their standing advice.
5.6 Transport for London responded to raise no objection to the scheme,
subject to the imposition of certain conditions.
5.7 The Canal and Riverboat Trust responded with no comments on the
application.
6.0 POLICY
Determining applications for full or outline planning permission
6.1 The determination must be made in accordance with the development
plan unless material considerations indicate otherwise. Local finance
considerations must also be assessed.
The National Planning Policy Framework
6.2 The National Planning Policy Framework (NPPF) came into force on 27
March 2012, and from April 2014 National Planning Practice Guidance
(NPPG) in the form of an online guidance resource to support the NPPF
came into effect. The Local Planning Authority (LPA) considers that,
where pertinent, the NPPF and NPPG are material considerations and
as such, will be taken into account in decision-making as appropriate.
The Development Plan
6.3 The Development Plan for the Borough comprises the Council's Local
Plan (adopted by the Council on 15 September 2015), the West London
Waste Plan and the London Plan Consolidated with Alterations since
2011.
The Local Plan documents can be viewed on the Planning Policy pages
of the Hounslow website.
Relevant Local Plan Policies
CC1
CC2
EC2
GB1
GB5
GB7
EQ1
EQ2
EQ3
EQ4
EQ5
EQ7
EQ8
Context and Character
Urban Design and Architecture
Developing a sustainable local transport network
Green Belt and Metropolitan Open Land
Blue Ribbon Network
Biodiversity
Energy and Carbon Reduction
Sustainable Design and Construction
Flood Risk and Surface Water Management
Air Quality
Noise
Sustainable Waste Management
Contamination
7.0 PLANNING ISSUES
7.1 The planning issues to consider are:
Principle of development, including impact on the Green Belt
Design and the impact on the character of the wider area
Impact on nearby occupiers
Traffic and Parking
Environmental Considerations
Trees
The Principle of Development
7.2 Policy GB1 (Green Belt and Metropolitan Open Land) seeks to protect
and enhance Green Belt, stating the Council will expect development
proposals to comply with the National Planning Policy Framework
(NPPF).
7.3 The National Planning Policy Framework states that a Local Planning
Authority should regard the construction of new buildings as
inappropriate development, exceptions are listed, but the proposal is
considered not to constitute an exception to inappropriate development.
The NPPF goes on to state that inappropriate development should not
be approved except in ‘Very Special Circumstances’, giving significant
weight to harm to the Green Belt.
7.4 It is considered that the scheme, when considered as a whole with
particular reference to the MBBR would constitute inappropriate
development on the land and as such, should the Council grant
planning approval it would need to be demonstrated that very special
circumstances exist in this case.
7.5 However officers consider the development to constitute very special
circumstances. The application has established that the existing process
of the balancing reservoir has been insufficient to control the release of
polluted water into the River Crane, the applicants and the Friends of
River Crane Environment Group have highlighted the impact this has
downstream of the site through both Hounslow and Richmond. The
treatment plant has the potential to remove this major detrimental
impact on the river and provide benefits at more than a local level. In
addition to this the bulk of works, aside from the MBBR are modest in
scale and unlikely to detract from the openness of the land. The MBBR
itself is sensitively located on an existing parking area, trees border the
structure obscuring views from Green Belt and on this basis no
objections are raised to the principle of development.
Design and the impact on the character of the wider area
7.6 Policy 7.1 of the London Plan requires the design of new buildings and
the spaces around them to reinforce or enhance the character of the
neighbourhood. Policy 7.4 requires the design of the building to respond
appropriately to the local character. Policy 7.6 requires high quality
architecture and materials.
7.7 Local Plan policies CC1 and CC2 require all new development to
preserve and enhance the special qualities and heritage of an area and
state that the Council will promote and support high quality urban design
and architecture to create attractive, distinctive, and liveable places.
Policy GB1 of the Local Plan seeks to protect Green Belt by preserving
openness, quality and performance.
7.8 The ancillary works, including the insertion of sheet piles are largely
hidden and considered not to impact on the character of the area. The
relief channel would primarily be concrete but submerged. It does
involve some externally visible changes, aside from the water body,
including hand rails, bollards and a redesigned section of footpath which
bridges the channel but these are considered not to detract from the
character of the area.
7.9 The MBBR would be functional in appearance and reaching 12.5 metres
in height would not be modest in size. This is considered to be
acceptable on the basis of the functional requirement of the facility and
the existing screening provided by trees around the site. A condition is
recommended to secure further screening from where the development
would be visible from the public footpath.
7.10 As such the design of the buildings is considered to be acceptable.
Impact on nearby occupiers
7.11 Policy CC2 of the Local Plan states that new development should
protect the amenities of existing occupiers.
7.12 The bulk of the proposed works are not in a location that would impact
on local residents. The nearest properties to the MBBR plant are those
on Dockwell Close, around 60m from the site. On this basis no concerns
are raised in terms of loss of light and outlook and vehicles would
access the site off the Great South West Road so would not cause
noise and disturbance to neighbours.
7.13 Matters of noise are dealt with under section 7.17 of this report. As such
the application is considered to comply with policy CC2 of the Local
Plan.
Traffic and Parking
7.14 No additional parking would be required as part of the scheme, the
proposed reactor would only be in operation in winter months
(November – March) and will require approximately 4 HGV deliveries
per week for delivery and servicing.
7.15 The impact of such activities would not be significant, access to the site
would be via a road operated by Transport for London and they have
raised no objection to the scheme.
7.16 Conditions are recommended to secure details of construction and
servicing.
Environmental Considerations
Noise
7.17 Policy EQ5 of the Local Plan seeks to limit impact of noise generating
uses on sensitive receptors, in this case nearby dwellings. It expects
development proposals to generate noise levels of at least 10dB below
background noise levels.
7.18 The applicant has provided a Noise Assessment for the scheme, but it
was not able to fully establish the noise generation of the proposed
equipment. Notwithstanding this given separation distances and green
screening retained it is considered this is unlikely to be a significant
issue. A condition is though recommended to require a full assessment
to be provided with mitigation if required.
Air Quality/ Odours
7.19 The applicant has offered comfort that the proposal would not result in
significant odours. Measures for controlling odours are also outlined,
including covering the tank and monitoring potential odours which is
considered to be acceptable. No significant further air quality issues
arise from the scheme.
Sustainability
7.20 An Energy Statement has been submitted with the scheme which
outlines energy efficient measures. On the basis of this information,
acknowledging that nature of development proposed this is considered
to be acceptable.
Ecology
7.21 No objections were raised by the Councils ecology advisor as part of the
application process with the location of development proposed. Given
the clear intention of the development is to improve ecology in the area
no concerns are raised on these grounds, the application is considered
to have met the aims and objectives of Natural England’s standing
advice and no objections have been raised by the Environment Agency.
7.22 An ecology report submitted with the application clearly outlines the
benefits of the schemes and mitigation where potential harm is caused,
a condition is recommended to ensure the scheme is implemented in
accordance with the documents recommendations.
Flood Risk/ Drainage
7.23 Concerns were initially raised by the Environment Agency over the
absence of a Flood Risk Assessment with the scheme. These were
subsequently overcome with the submission of further documents and
as such no concerns are raised on these grounds.
Trees
7.24 There are trees on and within close proximity to the application site,
though none are protected by virtue of a Tree Preservation Order or a
Conservation Area designation. It is considered the issue may be
suitably address via planning conditions relating to tree protection and
landscaping.
8.0 EQUALITIES DUTIES IMPLICATIONS
8.1 The public sector equality duty applies to all council decisions.
A public authority or any person who exercises public functions must, in the exercise of those functions, have due regard to the need to:
A. Eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act;
B. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
C. foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
8.2 Having due regard to the need to advance equality of opportunity, this involves having due regard, in particular, to the need to:
A. remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
B. take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
C. encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
8.3 This shall include, in particular, but is not limited to steps to take account of disabled persons' disabilities.
8.4 The exercise of public functions must have due regard to the need to foster good relations between persons who share a relevant protected characteristic and those who do not, in particular, to the need to:
A. tackle prejudice; and
B. promote understanding.
8.5 Compliance with these duties may involve treating some persons more favourably than others. This is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.
8.6 The relevant protected characteristics are: age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; marriage and civil partnership; and sexual orientation.
8.7 Due regard needs to be demonstrated in the decision making process and requires an analysis of the material with the specific statutory considerations in mind. It does not follow that the considerations raised will be decisive in a particular case the weight given to them will be for the decision maker. The equalities duty is not a duty to achieve a particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties”.
9.0 Community Infrastructure Levy
Some new developments granted planning permission will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London and Hounslow.
CIL is payable on m2 of new floor space or where a new dwelling is created or the net floor area increase exceeds 100 m2
Mayors £35 per m2
Hounslow Housing
East £200 m2
Central £110 m2
West £70 m2
Supermarkets,
superstores and retail
warehousing £155 m2
Health care, education
and emergency
services facilities £0
All other uses £20
m2
Should the application be approved this proposal would be liable to pay
Community Infrastructure Levy.
Demolished Floor Space: 0
Proposed Floor Space: 0
Liable Floorspace: 0
10.0 Conclusion
10.1 The proposal would result in significant ecology benefits to the borough
without raising significant design, transport or amenity concerns and this
is considered sufficient to demonstrate very special circumstances exist
for approving the development.
11.0 RECOMMENDATION:
That planning permission be granted subject to the following conditions
1. The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
Reason: To accord with the provisions of Section 92 (1) of the Town
and Country Planning Act 1990.
2. No development shall take place until samples of the materials to be
used in the construction of the external surfaces of the hereby
permitted have been submitted to and approved in writing by the
local planning authority. Development shall be carried out in
accordance with the approved details
Reason. In order that the Council may be satisfied as to the details
of the development in the interests of the visual amenity of the area
and to satisfy the requirements of policies CC1 and CC2 of the
adopted Local Plan.
3. The proposed development shall be carried out in all respects in
accordance with the proposals contained in the application and the
plans submitted (16886 – XX – GA – 960 – 000002 Version 1.0, 16886 –
XX – GA – 864 - 000008 Version 1.0, 16886 – XX – GA – 864 - 000009
Version 1.0, XA100 rev P2, XA101 rev P2, XA102 rev P3, Ecological
Mitigation Report (dated March 2017) and Planning Statement (dated 22
May 2017) received on 25 May 2017, Performance Specification (dated 16
February 2017), Particular Specification (dated 16 February 2017), Plant
Noise Assessment (dated 21 April 2017) received on 6th June 2017 and
16886 – XX – GA – 960 – 000001 Version 1.0 received on 24 July 2017)
therewith and approved by the Local Planning Authority, or as shall
have been otherwise agreed in writing by the Local Planning
Authority before the building is used.
Reason. To ensure the development is carried out in accordance
with the planning permission.
4. Prior to the commencement of development a Construction Method
Statement shall be submitted to and approved in writing by the Local
Planning Authority. The scheme shall be implemented in accordance
with the approved details
Reason: To ensure the scheme does not give rise to highway safety
or amenity concerns in accordance with policies CC2 and EC2 of the
Local Plan.
5. Prior to first use of the development hereby approved full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing material); proposed and existing functional services above and below ground (eg drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc); retained historic landscape features and proposals for restoration, where relevant). Soft landscape works shall include (planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme)
Reason In the interest of biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policy CC1, CC2 (New Development) of the adopted Local Plan
6. The development shall be implemented in accordance with the
Ecological Mitigation Report (dated March 2017) received on 25 May
2017.
Reason: To ensure the development does not compromise ecology
in the locality and accords with policy GB7 (Biodiversity) of the
adopted Local Plan.
7. Prior to first use of the development hereby approved a Noise Report shall be submitted to and approved in writing by the Local Planning Authority detailing operation levels and mitigation measures proposed. The development shall operate in accordance with the approved details.
Reason: To ensure neighbouring residents do not suffer loss of amenity through excessive noise and to accord with policy EQ5 (Noise) of the adopted Local Plan.
8. Prior to first use of the development hereby approved an Odour Report shall be submitted to and approved in writing by the Local Planning Authority detailing operation levels and mitigation measures proposed. The development shall operate in accordance with the approved details. Reason: To ensure neighbouring residents do not suffer loss of amenity through excessive odours and to accord with policy EQ4 (Air Quality) of the adopted Local Plan.
9. No Development can take place until mitigation has been agreed
and put in place to ensure that the proposed development will have
no impact on the H10 Radar at Heathrow Airport.
Reason: To ensure the development does not endanger the safe movement of aircraft or the operation of Heathrow Airport through interference with communication, navigational aids and surveillance equipment.
Informatives:
1. Approved in accordance with pre – application advice 2. Heathrow have offered the following observations:
Cranes Given the nature of the proposed development it is possible that a crane may be required during its construction. We would, therefore, draw the applicant’s attention to the requirement within the British Standard Code of Practice for the safe use of Cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at http://www.aoa.org.uk/policy-campaigns/operationssafety/ Lighting The development is close to the aerodrome and the approach to the runway. We draw attention to the need to carefully design lighting proposals. This is further explained in Advice Note 2, ‘Lighting near Aerodromes’ available at http://www.aoa.org.uk/policycampaigns/ operations-safety/. Please note that the Air Navigation Order 2005, Article 135 grants the Civil Aviation Authority power to serve notice to extinguish or screen lighting which may endanger aircraft. Wind Turbines
Wind Turbines can impact on the safe operation of aircraft through interference with aviation radar and/or due to their height. Any proposal that incorporates wind turbines must be assessed in more detail to determine the potential impacts on aviation interests. This is explained further in Advice Note 7, ‘Wind Turbines and Aviation’ (available at http://www.aoa.org.uk/policy-campaigns/operations-safety/. It is important that any conditions requested in this response are applied to a planning approval. Where a Planning Authority proposes to grant permission against the advice of Heathrow Airport Ltd, or not to attach conditions which Heathrow Airport Ltd has advised, it shall notify Heathrow Airport Ltd, and the Civil Aviation Authority as specified in the Town & Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosive Storage Areas) Direction 2002. 3. Transport for London have made the following comments: The footway and the carriageway of the A30 and A312 must not be blocked during the development of the proposal. Temporary obstructions during the construction of the development must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrians or obstruct the flow of traffic on these roads. All vehicles associated with the development must only park/stop at permitted locations and within the time periods permitted by existing restrictions. No skips or construction materials should be kept on the footway or carriageway on the TLRN at any time. Should the applicant wish to construct scaffolding or a hoarding on the footway whilst undertaking this work, separate licenses may be required with TfL, please see: http://www.tfl.gov.uk/info-for/urban-planning-and-construction/highway-licences.
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