Pre Application Doc 1

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    Originator: Louise White

    Tel: 0113 2478000

    Report of the Chief Planning OfficerPLANS PANEL (EAST)

    Date: 26th January 2012

    Pre-application report(PREAPP/10/00520) Recycling & Energy Recovery Facility onsite of former Wholesale Market, Newmarket Approach, Cross GreenPre-application report(PREAPP/10/00520) Recycling & Energy Recovery Facility onsite of former Wholesale Market, Newmarket Approach, Cross Green

    APPLICANTAPPLICANT DATE VALIDDATE VALID TARGET DATETARGET DATEVeolia Environmental ServicesVeolia Environmental Services N/AN/A N/AN/A

    Specific Implications For:

    Equality and Diversity

    Community Cohesion

    Narrowing the Gap

    Electoral Wards Affected:

    Burmantofts & Richmond HillTemple Newsam

    Ward Members consulted(referred to in report)

    Yes

    RECOMMENDATION:RECOMMENDATION:For Members to note the content of the report and presentation and to provide anyFor Members to note the content of the report and presentation and to provide anycomments on the proposalscomments on the proposals

    1.0 INTRODUCTION:

    .1 Leeds City Council (LCC), as waste disposal authority, and Veolia EnvironmentalServices (VES) entered into an agreement in November 2011 concerning the design,construction, funding and operation of a suitable waste management facility and thedelivery of services in accordance with the terms of a Private Finance Initiative (PFI)contract.

    .2 The purpose of this presentation from VES is to inform Members of the anticipatedsubmission of a planning application for the chosen waste treatment technologysolution - an Energy Recovery Facility (ERF) - and to seek Members views on theproposals before the planning application is formally submitted to Leeds City Councillater in the year.

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    .3 A visit to VESs Sheffield ERF was undertaken by Members and Officers inNovember 2010 to gain experience of the operations and the processes involved.Following this visit, an Officer from the Environment Agency attended Plans Panel(East) in January 2011 to provide a summary of the Agencys Regulatory, Monitoringand Permitting role and to answer Members questions on the subject.

    2.0 PROPOSAL:

    2.1 The planning application will propose the construction and operation of an ERF witha design capacity of around 180,000 tonnes per annum (tpa). The ERF wouldprimarily accept and treat all of the Leeds districts municipal black bin (residual)waste estimated to be around 150,000 tpa. The 30,000 tpa shortfall would be madeup of non-hazardous commercial and industrial wastes.

    2.2 VES have termed the development a Recycling and Energy Recovery Facility(RERF) for the reason that the facility would comprise two integrated treatments. The

    first is a Mechanical Pre-Treatment facility to remove recyclable materials left in theresidual waste. The second is incineration where the waste left over would be burntunder controlled conditions using proven energy recovery technology, to supplyaround 11 Megawatts of electricity to the national grid. It would also have thepotential to supply heat to suitable external users.

    2.3 The RERF would operate continuously, except during periods of plannedmaintenance. Combustion gases would pass via a gas scrubbing system and filtersto a 75 metre high (above existing ground levels) chimney stack, which would bepartially incorporated into the main building. The indicative layout of the RERFproposes the two buildings next to each other, separated only by an elevated

    drainage channel, to ensure all waste operations take place inside. The grossfloorspace of the buildings and structures would be approximately 7,700m2. The site,as a whole, would extend to an area of approximately 3.3 hectares.

    2.4 The planning application will also include integrated office space; a bottom ashstorage facility; an external conveyor; a gatehouse; weighbridges; an internal roadsystem, parking, landscaping and lighting. It is also likely that a pedestrian and cycleway will be included together with a green corridor. Access to the facility would betaken from Pontefract Lane via Newmarket Approach.

    2.5 Not only would the proposed RERF require planning permission but it would also

    require an Environmental Permit (EP) from the Environment Agency (EA), pursuantto the Environmental Permitting Regulations 2010. The planning and environmentalpermit applications would be submitted to run in parallel.

    3.0 SITE AND SURROUNDINGS:

    3.1 The proposed RERF site occupies an area of approximately 3.3 hectares at theFormer Wholesale Market site in Cross Green. The site is located to the east ofNewmarket Approach, to the north of the A63 and just over 3km to the east of LeedsCity Centre. In terms of the general locality, Halton Moor lies northeast of theproposed site. Osmondthorpe lies to the north-east and north of the site and EastEnd Park and Burmantofts lie to the north. Richmond Hill is located to the north-west,and Cross Green to the south and south-west.

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    3.2 The development site is owned by LCC and is allocated as a Strategic Waste Site(ref. 201) in the Natural Resources and Waste Development Plan Document(NRWDPD). It comprises the southern half of a large flat area of concretehardstanding formerly occupied by a wholesale market and which has been usedmost recently for a weekly car boot sale. The site is currently vacant and largelycleared of buildings and vegetation apart from some trees along the southernboundary. A gatehouse, substation and lampposts are the only above groundstructures remaining on the site.

    3.3 The site is bounded on three sides by roads to the west by Newmarket Approach,to the east by Newmarket Lane and to the south by the A63. Beyond the vacantnorthern half of the former wholesale market site is a cycleway that runs from east towest connecting Halton Moor Road with the A63. Beyond the cycleway is an area ofland in LCC ownership occupied by a warehouse owned by Cover Structure Ltd.Beyond the cycleway to the north east of the site is a recreational area, which isoverlooked by residential properties on Neville Close. The closest residentialproperties to the development site are located in Halton on Halton Moor Road,

    Neville Approach and Neville Close, being approximately 300 metres to the northeast. Further to the north of the site is a railway maintenance depot and sidings,which is disused and is designated as a Nature Area.

    3.4 Land immediately to the west, east and south of the site is occupied by the industrialunits and warehouses of the Cross Green Industrial Estate. To the north west areallotment gardens. Beyond this is the East Leeds Cricket Ground and the playingfields at Copperfield College to the southwest. The nearest residential propertiesnorth west (East End Park) and west (Cross Green) of the site are locatedapproximately 540 metres and 500 metres away respectively.

    3.5 The site lies within an area of predominantly flat land but rising gently to the north.There are no water bodies present on the site or within the immediately surroundingarea, the nearest being the River Aire and Wyke Beck, which run approximately 1kmto the west and 800m to the east of the site respectively.

    3.6 The site is located within the Burmantofts and Richmond Hill Ward but is also closeto the western boundary of Temple Newsam Ward.

    4.0 COMMUNITY CONSULTATION

    4.1 In addition to the public consultation already carried out, VES have conducted / areto conduct the following communications work for the proposed RERF development:

    Briefings for local Members;

    Distribution of 11,500 leaflets and exhibition flyers, with covering letter, mailed toresidents on 30th December 2011;

    270 similar packs mailed to community stakeholders, Cross Green Industrial Estatebusinesses and Statutory Consultees on 30th December 2011;

    15 community groups emailed to request contact name and mailing address forleaflet / exhibition pack (including NO2Incinerator, Friends of East End Park andFriends of the Earth);

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    Briefings arranged in January 2012 for Alec Shelbrook MP and Hilary Benn MP;

    Drop-in sessions arranged and exhibition flyers sent to venues for display. Flyers toalso be delivered to all Leeds libraries, One Stop Shops, Community Centres andlocal shops and health centres;

    Further meetings to be arranged with local education establishments including LeedsUniversity, Leeds City College and Leeds Building College;

    The project website is now live (www.veoliaenvironmentalservices.co.uk/Leeds) andhelpline service;

    Advertorials planned for circulation on 12th, 18th and 19th January 2012 (published inYorkshire Evening Post and Leeds Weekly News Group & online websites);

    Currently seeking a Community Liaison Group Chairperson and inviting interest fromlocal residents, representatives from local groups who may be interested in sitting on

    the Group; and,

    Press releases issued and coverage received in Yorkshire Evening Post, specificallycalling for community representatives and promoting the planned drop-in sessions.

    5.0 MATTERS FOR CONSIDERATION

    5.1 The prospective applicant will provide a pre-application presentation to Members onthe proposed RERF development.

    5.2 As the planning application is anticipated to be submitted later this year, Membersare asked to provide comments regarding the proposed RERF development.

    5.3 The following issues have been identified as being matters which Members may wishto consider in relation to this proposal:-

    Principle of development;

    Air Quality;

    Noise & odour;

    Cultural Heritage;

    Highways & access; Landscape & Visual Amenity;

    Design and appearance; and

    Employment.

    Principle of development5.4 Members will be required to consider the prospective planning application having

    regard to the development plan, and to make a determination in accordance with it,unless material considerations indicate otherwise. The Development Plan for thearea currently includes the following:

    Yorkshire and The Humber Plan (Regional Spatial Strategy) 2008 (RSS); Saved policies of the Leeds Unitary Development Plan Review (2006);

    Leeds Local Development Framework (LDF) Core Strategy Preferred Approach(2009); and,

    http://www.veoliaenvironmentalservices.co.uk/Leedshttp://www.veoliaenvironmentalservices.co.uk/Leeds
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    Leeds LDF Natural Resources and Waste Development Plan Document 2012and Schedule of Changes (2011).

    5.5 National planning guidance comprising Planning Policy Statements (PPS), PlanningPolicy Guidance Notes (PPG) and associated Companion Guides will also berelevant when considering the prospective planning application. These are asfollows:

    PPS 1 Delivering Sustainable Development (2005);

    PPS 1 Supplement Planning and Climate Change (2007);

    PPS 4 Planning for Sustainable Economic Growth (2009);

    PPS 5 Planning for the Historic Environment (2010);

    PPS 9 Biodiversity and Geological Conservation (2005);

    PPS 10 Planning for Sustainable Waste Management (2005);

    PPS 10 Planning for Sustainable Waste Management (March 2011 (updated));

    PPS 10 Companion Guide (2005);

    PPG 13 Transport (2011);

    PPS 23 Planning and Pollution Control (2004); PPG Note 24 Planning and Noise (1994) ;

    The National Waste Strategy for England plus Annexes (2007);

    Government Review of Waste Policy in England 2011; and,

    Designing Waste Facilities (DEFRA) (2008).

    5.6 Waste legislation and guidance will also be relevant when considering theprospective planning application, as follows:

    European Union Waste Framework Directive (75/442/EEC amended 91/156,

    91/692 and 96/350); European Union Council Directive 1999/31/EC of 26 April 1999 on the Landfill of

    Waste;

    European Union Council Directive on Integrated Pollution Prevention andControl (IPPC) (2008/1/EC);

    European Union Waste Incineration Directive (2000/76/EC);

    European Union Directive on Industrial Emissions (2010/75/EU);

    European Union Directive 2006/12/EC of the European Parliament and of theCouncil on Waste;

    European Union Directive 2008/98/EC of the European Parliament and theCouncil of 19 November 2008 on Waste;

    The Landfill (England and Wales) Regulations 2002;

    The Hazardous Waste (England and Wales) Regulations 2005;

    Landfill Allowance Trading Scheme (LATS);

    EU Directive 2009/28/EC of the European Parliament and Council on thepromotion of the use of energy from renewable sources (amending andsubsequently repealing Directives 2001/77/EC and 2003/30/EC); and,

    Leeds Waste Strategy 2005 2035 (2006).

    Air Quality5.7 The assessment of impacts upon air quality will be an important consideration and

    the expert advice of the Environment Agency, Environmental Health and the HealthProtection Agency will be required.

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    5.8 As part of the Environmental Impact Assessment, the dispersion of stack emissionsfrom the facility will be modelled as part of a rigorous air quality assessment. Insummary:-

    the facility would be required to operate in accordance with statutory emissionlimits (Waste Incineration Directive (WID) limits) and UK Air Quality Standardsthat are protective of human health;

    high temperature thermal treatment would be employed to destroy pollutants inthe waste;

    continuous emissions monitoring would be required to ensure limits are notexceeded;

    there would be integral flue gas treatment systems to reduce pollutants to levelsthat have been set to avoid human health effects.

    Highways & access5.9 Vehicular access into the site would be taken via the existing main access off

    Newmarket Approach, to the west of the site, which links directly to Pontefract Lane

    (A63) to the south. Waste would be delivered to the site only via authorised vehicles.

    5.10 A full Transport Assessment will be provided within the Environmental ImpactAssessment in support of the application. The anticipated daily HGV movements ofthe operational RERF would be around 70 in and 70 out.

    Landscape & Visual Amenity5.11 Due to the scale of the facility, the assessment of impacts upon landscape and visual

    amenity will be an important consideration. In conjunction with the design of thefacility, it is understood that the proposals will include the following:-

    landscaping, hedge and tree planting around the perimeter of the site to aplanting width of least 10m;

    around the entrance to the facility and car parking area would be a mixture ofgreen paving and planting;

    along the south western boundary of the site there would be tree planting, withexisting trees being retaining where practicable;

    the southern faade of the EFW building would comprise a green wall andadjacent to this, along the southern boundary, will be a wetland (water treatmentarea), landscaped with wetland plants;

    along the eastern boundary of the site will be tree planting and a wetland (water

    treatment area); along the northern boundary of the site would be further tree planting and

    landscaped area to soften the appearance of the bottom-ash storage building;

    the perimeter of the site would be secured with fencing; and,

    pedestrian walkways and cycle paths would be provided.

    Noise5.12 It is anticipated that the proposed facility would operate on a 24 hour basis, 7 days

    per week. However, the majority of vehicle movements would be during the day,Monday to Saturday. All incoming vehicles would unload within the tipping hall of thefacility.

    Cultural Heritage5.13 The Temple Newsam Estate lies approximately 3km to the east of the site. Any

    potential impacts upon this and any other local heritage sites will need to bethoroughly assessed.

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    Design and Appearance

    5.14 The proposed site comprises two main buildings. The ERF building is the taller of thetwo at 42m high and would be an arched structure with a convex roof form. It wouldbe constructed from a timber and laminated timber frame and clad in a combinationof translucent polycarbonate panels, glazing, open mesh and profiled metal cladding.A green wall would cover a significant part of the southern faade of the ERFbuilding. A slimline flue stack at 75m high would be integral to the facility, the bottom42m of which would be incorporated into the eastern part of the ERF building.

    5.15 The MPT building would be approximately 15m in height and comprise a largelyrectangular form. It would be constructed from a timber frame, translucentpolycarbonate panels and profiled metal cladding. The MPT building would have asaw-tooth roof form in order to take advantage of natural light.

    5.16 The proposal will aim to minimise building and operational footprints in order tomaximise future development opportunities on the remainder of the former wholesale

    markets site.

    Employment5.17 It is anticipated that around 355 jobs would be created during the construction phase

    of the project (300 direct / 55 indirect) and 321 during the operational / contractualperiod (43 direct / 278 indirect). The applicant is committed to hiring locally and tosupport this they have commenced discussions with local colleges and employmentagencies to help train the potential future workforce. The applicant would supplyapprenticeships, work placements and work experience places across a range ofdisciplines to help support local employment.

    6.0 CONCLUSION

    6.1 Members are requested to consider all the matters raised within this report andduring the presentation in order to provide VES and officers with appropriatecomments and / or advice on the proposal.

    Background Papers:

    PREAPP/10/00520Scoping Opinion dated 18th August 2010

    Letter relating to Scoping Opinion dated 1st October 2010.