DEVELOPMENT CONTROL AND REGULATION COMMITTEE1 November 2017

A report by the Corporate Director Economy and Highways_____________________________________________________________________

Application No: 4/17/9012 District: Copeland

Parish: Ponsonby Parish Council

Applicant: Mr Paul Foster Sellafield LtdSeascaleCumbria SeascaleReceived: 12 July 2017

PROPOSAL: Extension to existing site ION Exchange Effluent Plant (SIXEP)LOCATION: Sellafield Works, Seascale, Cumbria, CA20 1DW_____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission be Granted subject to the conditions set out in Appendix 1 to this report.

2.0 THE PROPOSAL

2.1 Planning permission is sought for an extension to the Site ION Exchange Plant (SIXEP). The proposed extension would measure 117m(l) x 35m(w) x 36.5m(h) main building 39m(h) stairwell height. The SIXEP extension building would have shallow pitched roof.

2.2 The design of the extension building will replicate the existing SIXEP building which is an industrial building and was constructed in the late 1970’s. The building material would consist of concrete and metal profile cladding coloured grey and mid grey; roof aluminium standing seam coloured silver/grey; door would be metal coloured dark grey; vehicle hardstanding and access would be tarmac and gravel. The scheme also includes lighting columns 8m high.

3.0 SITE DESCRIPTION

3.1 Sellafield Works is located on the west coast of Cumbria which is predominately a rural/coastal location. The overall Sellafield Works site covers approximately 276ha. Sellafield Works is accessed from three access points, Black Beck Roundabout, Calderbridge and Seascale. The main access for construction vehicles is via Black Beck Roundabout. Calderbridge and Seascale are mainly used by Sellafield operational staff with occasional construction traffic.

4.0 SITE PLANNING HISTORY

4.1 Sellafield Limited have benefited from a number of planning permissions over the life of the site which are considered by Cumbria County Council in relation to waste developments and Copeland Borough Council all other developments.

4.2 The original SIXEP building was approved in 1977 (4/77/0196/04) (pond 5/SIXEP complex); 4/80/0713 (erection of 120m stack in area of pond 5/SIXEP complex) and 4/82/1155 (extension for additional storage tank capacity).

5.0 PLANNING POLICY

5.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.

5.2 The Cumbria Minerals and Waste Local Plan 2015-2030 was examined by an independent Inspector and her final Report to the County Council was received on 29 June 2017; this report set out those changes necessary to ensure that the Local Plan is sound and legally compliant. The County Council formally adopted the Local Plan on 6 September 2017 and this replaces the Cumbria Minerals & Waste Development Framework, which was adopted in 2009.

Policy DC1 - Traffic and Transport

Policy DC2 - General Criteria Policy DC3 - Noise Policy DC5 - Dust Policy DC16 - Biodiversity and Geodiversity Policy DC18 - Landscape and Visual Impact Policy DC19 - Flood Risk

5.3 Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) - adopted 5 December 2013.

ER1 Planning for the Nuclear Sector

5.4 The National Planning Policy Framework [NPPF], which was published on 27 March 2012, and the national online Planning Practice Guidance (PPG) suite, which was launched in March 2014, are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF and/or PPG are considered to be relevant to the determination of this application:

Paragraphs 6-10 - Achieving sustainable development Paragraphs 11-14 - The presumption in favour of sustainable development Paragraphs 186-187 - Decision Taking

5.5 The National Planning Policy for Waste (NPPW) was published on 16 October 2014. This sets out the government’s current waste policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK. This has also been taken into account.

6.0 POLICY CONTEXT

6.1 Cumbria Minerals and Waste Local Plan 2015-2030 (adopted 6 September 2017) (CMWLP).

6.2 Policy DC1 – Traffic and transport. Requires development to minimise mineral and waste road miles. The proposed development seeks to retain excavation waste on site where possible with the remainder being transferred to local recycling operation or landfill facility reducing minerals and waste road miles where possible;

6.3 Policy DC3 – Noise. Requires developments not to exceed background noise levels, LAeq 1 hour. The proposed construction activities would generate some additional noise but these would be considered in relation to existing/other operations being carried out on site;

6.4 Policy DC5 – Dust. Requires developments to demonstrate they would not impact on amenity, human health, air quality and the natural and historic environment. Dust from the construction activities would be controlled by condition reducing dust during construction activities;

6.5 Policy DC16 – Biodiversity and Geodiversity. Requires development to identify where appropriate impacts on biodiversity. The proposed construction activities are close to the River Calder the river is not a protected European site however consideration of the impacts of working closer to the River need to be

considered.

6.6 Policy DC18 – Landscape and visual impact. Requires development to be compatible with the distinctive characteristics and features of Cumbria’s landscape. The SIXEP building would be considered in terms of scale and massing with the existing infrastructure of Sellafield;

6.7 Policy DC19 – Flood risk. Requires development to be located where possible in Flood Zone 1. In this instance the proposed building would be located within Flood Zone 1 and would not increase flooding in the area. A Flood Risk Assessment has been undertaken.

6.8 Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) - adopted 5 December 2013.

6.9 Policy ER1 – Planning for the Nuclear Sector. Will support where necessary the nuclear industry contributing to low carbon energy production. The SIXEP extension contributes to Sellafield Ltd delivering hazard and risk reduction measures, thereby significantly contributing to reducing risks associated with the legacy ponds.

7.0 CONSULTATIONS AND REPRESENTATIONS

7.1 Copeland Borough Council Planning Department: To be reported on the update sheet. Due to recent cyber attack the scheme will be reported to Members of Copeland Planning Panel on 25 October 2017.

7.2 CCC Highway: No objection subject to a condition being imposed relating to the draft transport and movement plan being submitted to the Waste Planning Authority.

7.3 The Lead Local Flood Authority: It is accepted that Sellafield is removed from any neighbouring receptors and that sustainable drainage will not be acceptable in most locations. It is also accepted that the majority of the site is already impermeable. This development will therefore not materially increase the amount of impermeable run off.

7.4 Copeland Borough Council Environmental Health Department: No response received.

7.5 CCC Resilience Officer: No objection.

7.6 Environment Agency: The previous use of the proposed development site as a nuclear station represents a medium risk of contamination that would be mobilised during construction to pollute controlled waters. Controlled waters are particularly sensitive in this location because the proposed development is located upon a secondary aquifer A associated with the drift geology and a principal aquifer associated with the bedrock.

The summary of ground investigation report reference RP/B1811/CSA/00034/A dated June 2017 submitted in support of this planning application provides confidence that it will be possible to suitably manage the risk to controlled waters by this development. Further detailed information including, but not limited to, copies of the reports referenced in the Summary Report will be required before

built development is undertaken. It is our opinion that it would place an unreasonable burden on the developer to ask for more detailed information prior to the granting of planning permission.

In light of these comments the proposed development will be acceptable if a planning condition is included requiring the submission of a remediation strategy, carried out by a competent person in line with paragraph 121 of the NPPF.

With regards to the production of waste material associated with the development: The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste.

7.7 Officer of Nuclear Regulation: No objection.

7.8 Natural England: No objection

7.9 Highways England: No Objection. Whilst the number of construction workers accessing the site during peak construction activity is expect to be relatively high, it is recognised this will be a temporary situation and that workers would be taken from other construction projects within the site.

7.10 Ponsonby Parish Council: No objection to the project proceeding, the existing SIXEP plant has made a very significant contribution to controlling activity discharges from Sellafield into the Irish Sea for decades and latterly has been an enablement to significant progress in the mitigation of risk from high hazard plants. We are supportive of the need to maintain this effluent treatment operation for many decades in the future. The siting of the new plant would be located close to the existing facility, this is a sensible proposal and would minimise impact on our Parish. We also support the re-use of excavation spoil on site where possible and the storage of spoil on site is encouraged.

Concern relates to road transport construction phase/deliveries and operation staff. The additional 230 increase in workforce and significant numbers of HGV journeys once construction starts has the potential to place an unacceptable extra load/traffic on the A595, which currently at times is overstretched.

We recommend that Sellafield adopt an approach when making their commercial arrangements for this project which allow them to enforce traffic control measures on their contract for SIXEP and their work force.

7.11 The application has been advertised in the local press and by site notice on the site. The local county councillor was also notified.

8.0 PLANNING ASSESSMENT

8.1 The key planning issues relevant to the proposed schemes are considered to be: siting; design; highway impacts; landscape and visual impact; need; biodiversity; flood risk and drainage.

Need/Requirements of the development.

8.2 The SIXEP extension is required to help Sellafield Ltd deliver their hazard and

risk reduction measures in light of future decommissioning of ageing facilities on the site.

8.3 “In line with the Nuclear Decommissioning Authority’s (NDA’s) Strategy, Sellafield Ltd is delivering hazard and risk reduction measures at Sellafield site. Specifically it is seeking to reduce the risks associated with the legacy ponds and silos at the site and facilitate decommissioning of other ageing facilities.

8.4 Discharges of radioactivity to the Irish sea have declined since the mid-1980s as a result of considerable investment and improvements in liquid effluent treatment plant on the Sellafield Site, in particular the Site Ion Exchange Effluent Plant (SIXEP). SIXEP was designed to remove solids and soluble radioactive caesium and strontium from aqueous effluents (Intermediate Level Waste (ILW)) from a number of facilities on the Sellafield Site, store waste solids from this process and to help maintain the thermal conditions of the pond water of an adjacent facility. The SIXEP process captures more than 99% of the main radioactive feed in a solid form for storage and discharges cleaned water to sea. It is predicted that SIXEP’s liquid effluent treatment functionality will be required until at least the 2060s in order to support fuel reprocessing, site hazard reduction and decommissioning programmes. However, as an ageing facility and near the end of operating life, Sellafield Ltd proposes to undertake works, via an extension to replace the existing sea discharge treatment function”.

Sellafield Context Plan

8.5 Sellafield have produced a Context Plan which seeks to address the drivers behind construction projects and how these projects fit into the overall Sellafield nuclear activities. The plan identifies key development projects over the next 10 years (until 2026). The Context Plan describes the environment in which Sellafield operate, the priority challenges that Sellafield face and the role that the site is expect to fulfil on behalf of the UK.

8.6 The SIXEP Contingency Plant is included in the list of High Level Major Developments at Sellafield for the next 10 years included in the Context Plan.

Siting

8.7 The existing SIXEP building is located close to the legacy ponds due to the process operations which link the buildings/processes. The proposed extension of the SIXEP building is required to be located as close as possible to the existing SIXEP building due to new technology/plant linking to the existing plant operations and the existing legacy ponds.

8.8 The existing SIXEP building and the SIXEP extension building would be linked together by a link bridge which would be 12m in length and natural aluminium finish. The link bridge would carry pipework between the two buildings.

Design

8.9 The design of the building has been considered in light of the needs of the facility and the infrastructure in the immediate area. The building would be an industrial designed building set in an existing industrial context. The building would be constructed of concrete and metal profile cladding with aluminium roof. The colour of the building would be grey, mid-grey and silver-grey.

Highway Impacts

8.10 The planning application has been accompanied by a Construction Statement Transport and Waste Plan which details the construction, personnel transport movements over the course of the development.

8.11 The extension to the SIXEP building is proposed to be constructed over a six year period and the life span of the building is expected to be in excess of 60 years. The development has been considered with regards to impacts from construction traffic, construction personnel and operational staff once the building is commissioned.

8.12 General construction traffic to the site would be over a period of six years. It is anticipated over the course of construction activities 10,971 (6,260 external movements (off site), 4,711 internal movements (on site)). Generally over the six year construction period this would equate to an average of 11 external (off site) vehicle movements per day, over a 10 hour working period this would equate to 1.1 vehicles per hour, internal (on site) vehicle movements would equate on average to 1 vehicle per hour.

8.13 However, construction material deliveries are expected to peak between 2020/22 where it is anticipated that 2000 vehicle deliveries per year would be required (average vehicle movements 76 in/out per week, 15 in/out per day, 2 in/out per hour). Delivery route to Sellafield Site would be via A66 and A595(T), delivery times are expected to be outside normal working hours to avoid peak in/out muster times and peak travel to work/school times namely 08.00-09.30 and 15.00-16.30.

8.14 On site concrete batching plant, 14,000m³ of concrete would be required over the course of development. Concrete for the proposed development would be sourced from the onsite which would contribute to reducing road miles by approximately 2,500 vehicle movements as the nearest batching plants are Hespin Wood, Carlisle; Flusco, Penrith and Barrow Waterfront all considerable distance from Sellafield. By utilising the onsite facilities this would contribute significantly to reducing road miles.

8.15 There may be opportunities for smaller deliveries to transfer through the Delivery Management System (DMS) which operates from Lillyhall Industrial Estate, Workington which would help reduce the number of deliveries and contribute to reducing road miles. The DMS is a facility at Lillyhall which holds/stores items and transfer to Sellafield site once a full load is available. This helps reduce the number of vehicles on the highway and efficiency of deliveries to the site.

8.16 It is anticipated that 230 (peak time) onsite construction workers will occupy the site at any one time during the course of development. It is anticipated that workers would be transferred from other construction projects on Sellafield site. Any additional members of staff required above the staff transferred from existing projects within the Sellafield site would be required to comply with the contractor’s site travel to work rules, where staff are collected at designated pick up points and travel to site via mini bus.

8.17 Cumulative impacts of the development with the existing construction activities have been taken into consideration and both CCC Highways and Highways

England have considered these impacts in their responses.

8.18 Sellafield Ltd has taken significant steps to improve employee travel to work patterns. Contract employees are picked up from various pickup points and travel to site via bus thereby reducing individual vehicular journeys to site. Other Sellafield workers travel to site individually and park on designated car parks at Yottenfews or car share. Sellafield are in the process of preparing a Transport and Movement Plan which covers how construction, deliveries and site personnel travel to/from and access the site.

8.19 CCC Highways have raised no objection to the proposed development subject to a condition requiring the submission of Draft Transport Movement and Travel Plan. Highways England have raised no objection to the proposed development it is recognised that this would be a temporary situation and that workers may well be taken from other construction projects within the Sellafield site. The use of park and ride facilities to decant workers onto buses to access the site is key in ensuring that impact on the Strategic Road Network (SRN) is minimised.

8.20 The proposal, whilst generating significant vehicle movements over the course of the development, the actual vehicular movements generated, would only equates on average to 2.2 return vehicle movements per hour. The cumulative impacts of other operations on Sellafield Site have been considered and steps have been taken to reduce the number of vehicles on the public highway by disposing of inert waste on to the internal facilities and by using the onsite concrete batching plant these contribute positively to reducing road miles. The development is considered to comply with CMWLP 2015-2030 policy DC1 and paragraphs 6-10 of the NPPF encouraging sustainable development.

Landscape and Visual Impact

8.21 Cumbria Landscape Character Guide classes Sellafield as an Urban Area and the landscape is susceptible to large scale development and changes. Adjoining the Sellafield Site are Landscape Character types Low Farmland and Intertidal Mud Flats Bays and Estuaries, both landscape types are sensitive to development.

8.22 SIXEP extension building would be located approximately 500m from the Sellafield site southern boundary. The SIXEP extension would be positioned to the south of the River Calder, close to existing large scale structures. The extension would be seen in the context of the existing infrastructure of Sellafield Site. Whilst the proposed SIXEP extension building would be slightly larger than the existing SIXEP building, with an increase in height of 3.73m to the main building and 6.23m at the stairwell, in light of other infrastructure/buildings in the vicinity would be perceived as a marginal increase in size.

8.23 The overall Sellafield Site is significantly screened on the southern boundary by the screen mounds which protect views of Sellafield from the village of Seascale and the rural area south of the site. The landscape and visual impact of the proposed SIXEP extension would be significantly shielded by the landscaping mounds and the existing infrastructure on the Sellafield site. The distance from Seascale village to the SIXEP extension is 2.2km, due to the contours of the landscape and existing landscape screening these impacts are minimal. The main visual impacts of the Sellafield Site on views from Seascale are the towers

and stacks rather than buildings.

8.24 The SIXEP extension is considered to comply with CMWLP Policy DC18 landscape and visual impact. As the building would sit within the existing infrastructure of Sellafield and would not be out character in terms of scale and massing in the context of the overall Sellafield site.

Biodiversity

8.25 The location of the SIXEP extension building is not affected or close to any European Protected Site. The site for the SIXEP extension is an existing car park and would not have any impact in respect of flora and fauna.

8.26 European/National Designation: The nearest European designated sites are Low Church Moss SSSI and Drigg Coast SSSI which are located in excess of 2km from the application site. The construction activities of the SIXEP extension would not have any impact on the European Protected sites as these are located north of the Sellafield Site.

8.27 Ground nesting birds: During the course of construction operations there is the possibility of ground nesting birds being present during the bird breeding/nesting season especially during excavation operations. The application has been accompanied by “Ecological Statement and Nesting Bird Management During Construction of the SIXEP Extension” which identifies procedures/mitigation measures should ground nesting birds be found present during construction activities.

8.28 European Protected Species: The SIXEP extension site is currently a tarmac area which would be ideal basking area for reptiles. Measures have been included in “Ecological Statement and Nesting Bird Management During Construction of the SIXEP Extension” recommending that during warmer months when reptiles are active good housekeeping and extra awareness would be applied.

8.29 The proposed development would not have a significant impact on biodiversity impacts on the site and subject to appropriately worded conditions being put in place the development is acceptable. In light of the comments from CCC Ecologist and Natural England the proposal is considered to comply with, CMWLP 2015-2030 Policy DC16.

Flood Risk and Drainage

8.30 The application site lies within Flood Zone 1 due to the size of the site a flood risk assessment has been submitted.

8.31 The SIXEP extension lies within 40m of Flood Zones 2 and 3. The proposed extension has been modelled and simulated in a 1:1000 year event with climate change. The Sellafield flood model has assessed potential impacts with regards to overland flows and surface water drainage system coupled with extreme flows within the River Calder. The model has concluded that the proposed extension would not have a major impact on the local and immediate environment in terms of change to water flood depth.

8.32 A Drainage Impact Assessment has been carried out for surface and foul water

drains, suitable tie in points to the existing drainage network have been identified and the increase in flow can be accommodated down stream from these locations.

8.33 The Lead Local Flood Authority have confirmed they are satisfied with the drainage arrangements in place which would not normally be acceptable in most locations, however, as the site is removed from any neighbouring receptors and the development would not materially increase the amount of impermeable run off from the site,no objection is raised.

8.34 The proposed development would not have a significant impact on flood risk impacts on the site. In light of the comments from CCC Lead Flood Authority the proposal is considered to comply with CMWLP 2015-2030 Policy DC19.

Ground Contamination

8.35 The SIXEP extension area has been accompanied by a “Summary of Ground Investigations”. A thorough Site Investigation report which has been undertaken however the submission of the full report is security sensitive information. The summary report has addressed non-intrusive and intrusive techniques.

8.36 Non-intrusive: Prior to intrusive investigation, a number of desk studies have been undertaken. Borehole logs were available for the site providing geotechnical information. This was reviewed in the Geotechnical Review and Geotechnical Report and implemented in the design of the foundations.

8.37 Results are available from soil and groundwater sampling and assessment of the results conclude that the radiological and chemotoxic contamination of the soil is very low.

8.38 Intrusive: A number of boreholes and silt trenches have been carried out to address gaps in the information identified in the desk studies. Test were carried out in all the boreholes, which a total of 90 soil samples were sent for off-site laboratory analysis. Samples were analysed to establish information regarding radiological or chemotoxic contamination which would be pertinent to disposal, accumulation, building material and health, safety and welfare considerations. The information was used to inform the characterisation of the spoil and the application of the CL:AIRE protocol. The intrusive investigation also included the installation of temporary groundwater monitoring standpipe used to monitor groundwater levels for a 12 month period.

8.39 Conclusion: The ground investigation reports have identified a soft cohesive layer directly beneath the proposed formation level of the building. It is recommended that the cohesive layer be removed with the bulk excavation and replaced with engineered fill.

8.40 The ground contamination aspects have been duly considered by the Environment Agency and it is recommended that conditions are imposed to ensure that measures are in place to addresses any impacts which may occur during the construction period. In light of the Environment Agencies comments and appropriately worded condition being imposed it is considered that the proposal complies with CMWLP Policy DC2.

Other Considerations

8.41 Noise: The SIXEP extension would be located 670m from the nearest receptor Calder Farm. Whilst there would be some noise from construction activities, the noise to the nearest noise sensitive receptor would be minimal due to the landscaping mounds, other activities on the site and the distance between the SIXEP extension and Calder Farm. However, a condition is proposed which would ensure the noise amenities of the nearest sensitive receptor are protected.

8.42 Dust: Dust may be an issue during construction operations and periods of dry and windy weather. A condition would be required to ensure that dust suppression facilities are available at all times.

8.43 Vibration: Vibration may be felt during construction activities particularly foundation works. However due to the location of the construction works and the nearest residential receptor any impacts on vibration would be minimal. The main impacts would be felt by Sellafield employees.

Concerns of the Parish Council

8.44 Ponsonby Parish Council, is primarily in support of the proposed SIXEP extension and clearly recognises the need and advantage of the development, however it raises concerns over elements of the planning application with regards to transport impacts.

8.45 Concern is raised with regards to road transport during construction activities and the potential for this impacting unacceptably on the A595 transport infrastructure which at times is already overstretched. Impacts on the A595 have been considered in paragraphs 8.8 to 8.18. Both CCC Highways and Highways England have acknowledged that there would be issues at peak times for transport movements and delivery times, it is recommended that these can be controlled by appropriately worded conditions.

8.46 Additional workforce up to 230 additional construction workers. The construction activities propose to utilities existing workers already on the Sellafield Site thereby there would be no increase in construction personnel to the site. However the final construction staff numbers cannot be confirmed until the contract has been awarded.

8.47 The concerns raised by the Parish Council have been addressed within the main body of the report. The Parish Council comments have been sent to Sellafield for information purposes.

Human Rights

8.48 The Human Rights Act 1998 requires the County Council to take into consideration the rights of the public under the European Convention on Human Rights. Article 8 of the Convention provides that everyone has the right to respect for his private life and home save for interference which is in accordance with the law and necessary in a democratic society in the interests of, amongst other things, public safety, the economic wellbeing of the country or the protection of the rights and freedoms of others. Article 1 of Protocol 1 provides that an individual’s peaceful enjoyment of his property shall not be interfered with save as necessary in the public interest and subject to conditions provided for by law. For any interference with these rights to be justified the interference needs to be proportionate to the aims that are sought to be realised. The County

Council has a duty to consider the policies of the development plan and to protect the amenities of residents as set out in those policies.

8.49 The proposal would have a limited impact on the visual, residential and environmental amenity of the area but it is considered that those impacts would be insufficient to interfere with the rights of the applicant and satisfactory controls could be imposed on the proposed development to protect the amenities of the most affected residents. The impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) would be minimal and proportionate to the wider social and economic interests of the community and could be satisfactorily controlled by planning conditions.

9.0 CONCLUSION

9.1 The SIXEP extension building is essential to Sellafield delivering their hazard and risk reduction measures which seek to reduce the risks associated with the legacy ponds and silos on the Sellafield Site.

9.2 The design and siting of the building have been considered in relation to the activities associated with the use/operations proposed for the building and the proximity to the existing operations which it would relate to.

9.3 The proposed development, subject to appropriately worded conditions being imposed with regards to Transport and HGV Movement, Construction Environmental Management Plan, Noise, Dust, Ground Contamination and Safeguarding of Watercourse and Drainage complies with Local and National Planning Policies, is considered acceptable

9.4 In summary, it is considered that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions proposed, any potential harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development. It is therefore recommended that this application be granted subject to conditions.

Dominic DonniniCorporate Director Economy and Highways

Contact: Mrs Jayne Petersen MA RTPI, Kendal, Tel: 01539 713 549,; Email: jayne.petersen@cumbria.gov.uk

Background Papers: Planning Application File Reference No. 4/17/9012

Electoral Division Identification: Gosforth - Mr Christopher P Turner

Appendix 1Ref No. 4/17/9012

Development Control and Regulation Committee – 1 November 2017

PROPOSED PLANNING CONDITIONS

Time Limit for Implementation of Permission1. The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Scheme

2. The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following:

a. The submitted Application Form – dated 12 July 2017b. Design and Access Statement – dated June 2017c. SIXEP Extension – dated June 2017d. Construction Statement Transport and Waste Plan – dated July 2017e. Ecology Statement and Nesting Birds Management During Construction of

the SIXEP Extension – dated September 2016f. SIXEP Extension Summary of Ground Investigations – date June 2017g. Plans numbered and named:

i) 1 BE 2937202 Mod B – Existing site planii) 1 BE 2916804 Mod D – Proposed site planiii) 0 BE 2916805 Mod D – Proposed elevationsiv) SK/B1811/CSA/0037 Rev A – Site planv) Q13083N-101 L – Site Welfare Accommodationvi) Q13083N-102 K – First floor layout, Welfare & Office Accommodationvii) Q13083N-301 C – Elevations, Welfare & Office Buildingviii) SK/B1811/CSA/00037 A – Construction Support Site Plan

h. The details or schemes approved in accordance with the conditions attached to this permission.

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme.

Reason: To ensure that the site is worked and restored in accordance with the approved scheme.

4. Notification of the date of commencement of the development shall be made in writing to the Waste Planning Authority within 7 days of such commencement.

Reason: To enable the Waste Planning Authority to monitor the development to ensure compliance with this permission.

CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN

5. Prior to the commencement of development a Construction Environmental Management Plan shall be submitted to and approved in writing by the Waste Planning Authority. The Construction Environmental Management Plan shall include the following:

a. appropriate pollution prevention guideline measures including biosecurity, materials and machinery storage, and mitigation for the control and management of noise, dust and vehicle emissions, surface water run-off and waste to protect the River Calder and any surface water drains from sediment and pollution from cement or fuel;

b. details of sediment fence of bunding to be employed protecting the River Calder;

Reason: In order to comply with the requirements of the Habitats Directive, and to ensure that public amenity is protected.

TRAFFIC AND TRANSPORT

6. No development shall commence until a draft Transport Movement and Travel Plan has been submitted to and approved in writing with the Waste Planning Authority.

Reason : In the interests of highway safety in accordance with Policies DC 1 of the Cumbria MWLP 2015-2030.

7. No deliveries of construction materials to the site or removal of demolition or site clearance materials shall take place between the hours 08.00 to 09.30 and 15.00 and 17.00 Monday to Fridays.

Reason: To protect the amenities of local residents and in the interests ofhighway safety.

CONTROL OF DUST

8. Measures shall be employed to provide for the cleaning of all vehicles leaving the site (with the exception of cars), and which shall be maintained for the life of operations and used to ensure that no mud or other material from the site is deposited upon road outside the site boundary.

Reason: To prevent material tracked onto roads outside the site giving rise to mud, in accordance with Policy DC5 of the Cumbria MWLP 2015-2030.

9. The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather shall spray the access road, haul roads and working areas and waste with water to suppress dust to prevent its migration off site.

Reason: To safeguard the amenity of local residents by ensuring that dust does not constitute a nuisance outside the boundaries of the site, in accordance with Policy DC5 of the Cumbria MWLP 2015-2030.

CONTROL OF NOISE

10. All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with the manufacturers’ recommendations.

Reason: To safeguard the amenity of adjoining land users by ensuring that the noise generated in their operation is minimised and so does not constitute a nuisance outside the boundaries of the site, in accordance with Policy DC3 of the Cumbria MWLP 2015-2030.

11. The equivalent continuous noise level (LAeq) attributable to the approved operations shall not exceed 55 dB(A) as measured at Calder Farm. The noise levels are expressed as one hour free field LAeq's.

Reason: To safeguard the amenity of local residents by ensuring that noise generated by the operations hereby permitted does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC3 of the Cumbria MWLP 2015-2030.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

12. Throughout the period of working, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including any increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved use.

Reason: To avoid the pollution of any watercourse or groundwater resource.

13. Any chemical, oil or diesel storage tanks on the site shall be sited on impervious bases and surrounded by impervious bund walls; the bunded areas shall be capable of containing 110% of the largest tank's volume and shall enclose all fill and drawpipes.

Reason: To avoid the pollution of any watercourse or groundwater resource.

GROUND CONTAMINATION

14. Within six months of the date of this permission a remediation strategy to deal with the risks associated with contamination of the site shall be submitted to, and approved in writing with the Waste Planning Authority. The strategy shall include the following components:

1. A preliminary risk assessment which has identified:● All previous uses;● potential contaminants associated with those uses;● a conceptual model of the site indicating sources, pathways and

receptors; and● potentially unacceptable risks arising from the contamination at the

site.2. A site investigation scheme based on (1) to provide information for a

detailed assessment of the risk to all receptors that may be affected, including those off site.

3. The results of the site investigation and the detailed risk assessment referred to in (2) and, on these, an options appraisal and remediation

strategy giving full details of the remediation measures required and how they are to be undertaken.

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identified any requirements for longer- term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Reason: To ensure that the risk of on site contamination is kept to a minimum andto conform with Policy DC2 of the Cumbria MWLP 2015-2030.

15. Within six months of completion of works a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation report shall be submitted to, and approved in writing, by the Waste Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Reason: To ensure that the risk of on site contamination is kept to a minimum and to conform with Policy DC2 of the Cumbria MWLP 2015-2030.

16. If during the construction phase of the development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Waste Planning Authority) shall be carried out until the developer has submitted to, and obtained written approval from the Waste Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. The approved amendment to the remediation strategy shall be carried out as part of the development.

Reason: To ensure that the risk of on site contamination is kept to a minimum and to conform with Policy DC2 of the Cumbria MWLP 2015-2030.

ECOLOGY

17. All vegetation clearance and construction works must take into account habitat and species such as breeding birds, reptiles and badgers, and all works must take place in accordance with 'Ecology Statement and Nesting Bird Management Plan and Ecological Statement (September 2016)'.

Reason: To ensure that habitat and species which may be present on the site are protected, in accordance with Policy DC16 of the Cumbria MWLP 2015-2030.

INFORMATIVES

The development should follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.

Refer to the Environment Agency Guidance principles for land contamination for they type of information that we require in order to assess risk of controlled waters from site.

The Local Planning Authority can advise on risk to other receptors, such as human health.

Consider using the National Quality Mark Scheme for Land Contamination Management which involved the use of competent persons to ensure that land contamination risks are appropriately managed.

Refer to the contaminated land pages on GOV.UK for more information.

Under the terms of the Environmental Permitting (England & Wales) Regulations 2010 as amended, the prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8m of the top of the bank/foreshore of the River Calder, designated a ‘main river’.

There should be no storage or equipment, materials, waste or refuelling within 10m of the River Calder and no washing out of concrete equipment on site.