AGENDA ITEM 5.1
DR/25/23
Report to: DEVELOPMENT & REGULATION (28 July 2023)
Proposal: MINERALS AND WASTE DEVELOPMENT
Continuation of development of the Integrated Waste Management Facility (IWMF) with
deletion of condition 66, approved details thereunder and associated conditions (Plan of
Action if development not taken forward within 5 years) of planning permission
ESS/34/15/BTE. ESS/34/15/BTE was amended planning permission for "The Integrated
Waste Management Facility comprising: Anaerobic Digestion Plant treating mixed organic
waste, producing biogas converted to electricity through biogas generators; Materials
Recovery Facility for mixed dry recyclable waste to recover materials e.g. paper, plastic,
metals; Mechanical Biological Treatment facility for the treatment of residual municipal and
residual commercial and industrial wastes to produce a solid recovered fuel; De-inking and
Pulping Paper Recycling Facility to reclaim paper; Combined Heat and Power Plant (CHP)
utilising solid recovered fuel to produce electricity, heat and steam; extraction of minerals to
enable buildings to be partially sunken below ground level within the resulting void;
visitor/education centre; extension to existing access road; provision of offices and vehicle
parking; and associated engineering works and storage tanks."
Ref: ESS/39/23/BTE
Applicant: Indaver Rivenhall Limited
Location: Land at Rivenhall Airfield Coggeshall Road, Braintree, CO5 9DF
Report author: Chief Planning Officer (County Planning and Major Development)
Enquiries to: Claire Tomalin Tel: 03330 136821
The full application can be viewed at https://planning.essex.gov.uk
1.
BACKGROUND
Planning Permission for the Rivenhall Integrated Waste Management Facility
(IWMF) was first granted by the Secretary of State (SoS) in March 2010 following
a call-in public inquiry (ECC Ref ESS/37/08/BTE).
While the original application was determined by the SoS, subsequent
applications fall to the Waste Planning Authority (WPA) to determine, unless
called-in or legislation requires otherwise. There have been subsequent
variations to the planning permission and submissions in response to conditions,
which have been dealt with by the WPA, the summary below focuses on those
relevant to the current application.
In 2015 a planning application (ESS/34/15/BTE) was made to amend the
capacities of the different elements of the IWMF, in particular increasing the
capacity of the Combined Heat and Power Plant (CHP) from 360,000tpa to
595,000tpa, but not increasing the overall input of waste or traffic movements to
the site. The application also incorporated details to discharge a number of
conditions of the original permission. The planning permission was granted in
February 2016.. Implementation of planning permission ESS/34/15/BTE was
undertaken in March 2016, however, only sufficient works were carried out to
constituent technical implementation of the planning permission.
The planning permission for the IWMF gives consent for:
• A CHP plant (595,000tpa) utilising Refuse Derived Fuel (RDF) generated
on site and imported RDF/Solid Recovered Fuel (SRF) to generate heat,
steam and electricity to be used on site. Some electricity to be exported to
the National Grid.
• Materials Recycling Facility (MRF – 300,000tpa) to sort through imported
waste recovering recyclables such as paper, card, plastics and metal.
• Merchant De-Ink Paper pulp plant (MDIP – 170,000tpa) to reprocess waste
paper imported to the site, as well as any suitable paper recovered by the
MRF and would utilise, heat, steam and power generated by the CHP.
Paper pulp board to be exported from the site.
• Anaerobic Digestion (AD – 30,000tpa) facility to treat food and green waste
generating biogas for production of electricity on site and generating a
compost like output for export.
• Mechanical Biological Treatment Facility (MBT – 170,000tpa), to treat
waste by mechanical treatment e.g. shredding and then biological
treatment using air and moisture to bio-stabilise the waste, the output being
an RDF.
The total amount of waste that can be imported to the site is limited by condition
to 853,000tpa. The maximum number of HGV movements is limited to 404 a day
Monday to Friday and 202 on Saturday mornings.
The permission also includes the creation of an extended access road from the
A120, now completed, and refurbishment of the Woodhouse Farm Listed
Buildings complex and other associated infrastructure. Listed Buildings
applications to enable refurbishment of Woodhouse Farm are with Braintree
District Council for determination.
Extract from Figure 1-5B
The MDIP, MRF, MBT and AD are permitted to be housed in a double arched
building, where the majority of the building is to be located below natural ground.
The CHP and other associated infrastructure is to be located also partly below
ground to the rear of the IWMF building.
Extract from approved Figure 1-5B
In October 2018 Indaver took over development of the IWMF from the original
applicant Gent Fairhead & Co. Works commenced on site in winter 2019/20.
Works on site since 2019/20 include stabilisation of the void faces, construction of
the extended access from the Bradwell Quarry to the IWMF site and works which
are now underway with respect to construction of the Energy from Waste (EfW)
element of the IWMF and supporting infrastructure.
15 July 2023 - IWMF site viewed from the south east.
The planning permission granted in 2016 (ESS/3415/BTE) to amend the
capacities of the different elements was granted subject to additional conditions,
including condition 66. This condition sought to address the possibility that if the
development was technically implemented, but did not progress, the site would
not be left without a beneficial use or not rehabilitated. The condition required
submission of a “Plan of Action” either to rehabilitate the site or for an alternative
use which was required to be submitted by September 2021.
Indaver submitted an application to discharge the condition (Ref
ESS/34/15/BTE/66/01) in September 2021. The “Plan of Action” submitted
consisted of three different options, summarised below:
1. To build out the permission as authorised by the Planning Permission.
2. Build out those elements within the consent which are technically and
commercially viable, all within the building which currently has consent, and/or;
3. Submit an application for consent for alternative waste management and/or
energy generation uses.
Members may recall that this application to discharge the condition was
considered in February 2022, when it was resolved to approve option 1 - To build
out the permission as authorised by the Planning Permission. The discharge of
the condition was approved subject to additional conditions, requiring all elements
of the IWMF to be constructed before beneficial operation of the EfW Facility and
a requirement that construction of the IWMF be completed by 31 December 2026.
Indaver subsequently appealed against the decision of condition 66 ECC Ref
ESS/34/15/BTE/06/1APP (PINS Ref APP/Z1585/W/22/3306429) which is
currently pending with the Planning Inspectorate.
The applicant has subsequently submitted the current application
(ESS/39/23/BTE), which is a variation application under Section 73 of the Town
and Country Planning Act which seeks to delete condition 66, including the
approved details thereunder and associated conditions, and is the subject of this
report.
2.
SITE
The IWMF site is located east of Braintree, approximately 1km to the north east of
Silver End and approximately 3km south west of Coggeshall and approximately
3km south east of Bradwell village. The site is 25.3 ha which includes the access
road.
The IWMF site at its northern end comprises a narrow strip of land leading
southwards from the A120 Coggeshall Road, the location of the access road. To
the south the IWMF site widens into an irregular shaped plot of land.
The IWMF site lies within the boundaries of both Bradwell Parish and Kelvedon
Parish, the access road being mainly within Bradwell Parish and the remainder of
the access road and IWMF itself lying within Kelvedon Parish.
The IWMF site lies on the southern part of the former Rivenhall airfield; the
runways have been removed as part of mineral extraction. The IWMF site (not
including the access road) is located approximately 1.7km south of Coggeshall
Road (A120T) and includes the Grade II Listed Buildings of Woodhouse Farm.
The Woodhouse Farm buildings are located on the south eastern side of the
IWMF site and included in the IWMF planning permission area. The IWMF site
also includes woodland protected by Tree Preservation Order, which surrounds
the southern boundary of the IWMF itself.
The IWMF site also included an airfield hangar which, upon implementation of
IWMF permission in 2016, was removed.
The IWMF site overlaps with Bradwell Quarry, where sand and gravel extraction
is currently taking place within Minerals Local Plan Preferred site A7. The
location plan below shows the extent of previous and current mineral extraction
areas; site R permitted in 2001; site A2 permitted in 2011 (which included
extraction in part of the site for the IWMF); sites A3 and A4 permitted in 2015; and
site A5 granted in 2019. Previously worked out areas of the quarry have been
restored at low level to arable agriculture with new hedgerows and woodland
planting. Areas of Bradwell Quarry (sites R, A2, A3, A4 and A5) are undergoing
or awaiting restoration to a combination of arable, woodland and water.
The IWMF site is set within a predominantly rural character area, consisting of
arable crops in large fields, often without boundaries resulting in an open
landscape in gently undulating countryside. The landform around the site forms a
flat plateau at about 50m Above Ordnance Datum, although the restored minerals
workings to the northwest (site R) and southwest (site A5) have been or will be
restored at a lower level, creating bowls in the landscape. Sites A3 and A4 have
been restored to near natural levels utilising overburden from the IWMF site.
The nearest residential properties, not including Woodhouse Farm (not occupied),
include The Lodge and Allshots Farm located to the east of the IWMF site,
approximately 450m away. To the north/north east on Cuthedge Lane are
Heron’s Farm at approximately 700m from the site of the IWMF, Deeks Cottage at
approximately 850m and Haywards 920m from the site of the IWMF. To the west
of the site on Sheepcotes Lane lies Sheepcotes Farm, 580m from the site of the
IWMF, also Gosling’s Cottage, Gosling’s Farm and Goslings Barn and
Greenpastures all approximately 1200m from the site of the IWMF. Properties to
the southwest within Silver End village lie approximately 850m from the site of the
IWMF. Parkgate Farm lies south of the site, approximately 1000m from the site of
the IWMF.
Approximately 400m to the east of the IWMF site boundary and Woodhouse
Farm, lies a group of buildings, including the Grade II listed Allshots Farm and a
scrap yard.
Approximately 500m to the south east of the IWMF, beyond agricultural fields,
there is a group of buildings known as the Polish site. These buildings are used
by a number of businesses and form a small industrial and commercial estate to
which access is gained via a public highway (Woodhouse Lane leading from
Parkgate Road).
A further business operates on the south west edge of the IWMF site, at the
“Elephant House”, the building being the fire station for the redundant airfield.
The site is used by a road sweeping company, but the site is well screened by
mature evergreen trees.
The permitted vehicular route to the IWMF site shares the existing access on the
A120 and the private access road for Bradwell Quarry. The access route crosses
the River Blackwater by two bailey style bridges and crosses Church Road and
Ash Lane (a Protected Lane as defined in Braintree District Local Plan 2023).
The access road has now been extended to the IWMF site, and is two way,
except where it crosses Church Road and Ash Lane.
A similar area to that of the IWMF application site is allocated in the adopted
Waste Local Plan 2017 as a site IWMF2 for residual non-hazardous waste
management and biological treatment.
The land comprising the IWMF site has no designations within the Braintree
District Local Plan 2023.
There are two Local Wildlife Sites (LoWS) within 3 km of the IWMF site at
Blackwater Plantation West, which is within the Blackwater Valley which the
access road crosses. The second LoWS is at Storey’s Wood (south of the site),
which is also an Ancient Woodland.
There are 4 Grade II Listed properties within 1km of the IWMF site including
Woodhouse Farm and buildings (within 200m), Allshots Farm and Lodge (400m
away) to the east and Sheepcotes Farm (1000m) to the west.
Five footpaths (FP’s Bradwell 19, 35, 57 [Essex Way], 58) are crossed by the
access road to the IWMF. There is also a public footpath No. 8 (Kelvedon) which
heads south through the Woodhouse Farm complex.
3.
PROPOSAL
The proposal is to delete condition 66; the details approved thereunder and the
associated conditions.
Condition 66 (following the approval of the submission in March 2022) reads as
follows:
The development hereby permitted shall be implemented in accordance with the
Plan Of Action Option 1 approved on 7 March 2022 under condition 66 of
planning permission ESS/34/15/BTE. The approved Plan of Action are set out in
the application for approval of details reserved by condition dated 1 September
2022, covering letter from RPS dated 1 September 2022 and additional supporting
information in email dated 17 November 2021 (10:387) from RPS with attachment
“IWMF High Level Programme v01”, subject to the following 2 conditions:
i) Plan of action Option 1 as detailed in letter from RPA dated 1 September 2021
shall be implemented in accordance with:
a) the conditions of planning permission ESS/34/15/BTE dated 26 February
2016;
b) any details approved under those conditions or to be approved under those
conditions;
c) Non Material Amendments References ESS/34/15/BTE/NMA1 and
ESS/4/15/BTE/NMA2 or any subsequently approved Non Material
Amendments; and d) the obligations set out in the Section 106 Legal
agreement dated 20 October 2009 as amended by deeds of variations dated 1
December 2014, 26 March 2015 and 26 February 2016.
Reason: For the avoidance of doubt as to the nature of the development
hereby permitted, to ensure development is carried out in accordance with the
approved application drawings, details (except as varied by other conditions),
to ensure that the development is Sustainable Development and is carried out
with the minimum harm to the local environment and in accordance with the
NPPF, NPPW, Essex Minerals Local Plan 2014 (MLP) policies P1, S1, S10,
S11, S12, DM1, DM2 and DM3, Essex and Southend Waste Local Plan 2017
(WLP) policies 1, 3, 10, 11 and 12, Braintree District Local Plan 2013-2033
Section 1 (BLP S1) policy SP 7, Braintree District Core Strategy adopted 2011
(BCS) policies CS5, and CS8 and Braintree District Local Plan Review 2005
(BDLPR) policies RLP 36, RLP 49, RLP 54, RLP 62, RLP 63, RLP 64, RLP
65, RLP 71, RLP 72, RLP 80, RLP 81, RLP 84, RLP 87, RLP 90, RLP 100,
RLP 105 and RLP 106;
ii) There shall be no beneficial operation of the Combined Heat and Power
(CHP) plant without all other elements of the Integrated Waste Management
Facility (IWMF) i.e. Market De Ink Paper Pulp Plant (MDIP) Materials
Recycling Facility (MRF), Mechanical Biological Treatment (MBT) plant,
Anaerobic Digestion (AD) plant, Waste Water Treatment Plant and all other
permitted associated infrastructure having been constructed and available for
beneficial operation. For the avoidance of doubt the CHP shall not operate
without the MDIP utilising the heat and steam directly from the CHP. The
development as permitted shall be constructed and ready for beneficial use by
31 December 2026.
Reason: To ensure the development delivers Sustainable Development in
accordance with the Development Plan. To ensure the development operates
in an integrated manner, in particular that the CHP operates in conjunction
with the de ink paper pulp plant, such that the facility operates as a combined
heat and power facility delivering greater efficiency rather than solely
generating electricity in accordance with WLP policy 11, Resources and
Waste Strategy 2018 and The Environment Plan for England 2021. To ensure
the development is completed within a reasonable time to minimise the
impacts from construction and in accordance with Essex and Southend Waste
Local Plan 2017 Policies (WLP) 10 & 11, Braintree District Local Plan 2013-
2033 Section 1 (BLP S1) policy SP 7, Braintree District Core Strategy adopted
2011 (BCS) policies CS5, and CS8 and Braintree District Local Plan Review
2005 (BDLPR) policies RLP 36, RLP 49, RLP 54, RLP 62, RLP 63, RLP 64,
RLP 65, RLP 71, RLP 72, RLP 80, RLP 81, RLP 84, RLP 87, RLP 90, RLP
100, RLP 105 and RLP 106.
The application seeks to delete this condition, the details approved under it and
the additional conditions imposed upon it, hereafter together referred to as C66.
4.
POLICIES
Since determination of the last planning permission for the IWMF in 2016, a new
Waste Local Plan and a new Braintree Local Plan have been adopted. When a
S73/Variation application is positively determined a new planning permission is
subsequently issued. The reasons for conditions in any new planning permission
would need to refer to the current policies. The relevant current policies are listed
below:
ESSEX AND SOUTHEND WASTE LOCAL PLAN (WLP) adopted 2017
Policy 1 - Need for Waste Management Facilities
Policy 2 - Safeguarding Waste Management Sites & Infrastructure
Policy 3 - Strategic Site Allocations
Policy 10 - Development Management Criteria
Policy 11 - Mitigating and Adapting to Climate Change
BRAINTREE DISTRICT LOCAL PLAN (BDLP) adopted July 2022
LLP1 Development boundaries
LLP42 Sustainable Transport
LLP52 Layout and Design of Development
LLP57 Heritage Assets and their Settings
LLP59 Archaeological Evaluation, Excavation and Recording
LLP63 Natural Environment and Green Infrastructure
LLP64 Protected Sites
LLP65 Tree Protection
LLP67 Landscape Character and Features
LLP70 Protecting and Enhancing Natural Resources, Minimising Pollution
and Safeguarding from Hazards
LLP74 Flood and surface water drainage
LLP77 External Lighting
NEIGHBOURHOOD PLANS
Bradwell with Pattiswick Neighbourhood Plan adopted July 2019
Policy 1 – Protecting and enhancing the natural environment and green
infrastructure
Policy 5 – Protecting and enhancing the historic environment
Kelvedon Neighbourhood Plan adopted July 2022
Policy NE3 - Protection Of Green Infrastructure and Biodiversity
Policy NE7 – Pollution
The Revised National Planning Policy Framework (NPPF) was published on 20
July 2021 and sets out the Government’s planning policies for England and how
these should be applied. The NPPF highlights that the purpose of the planning
system is to contribute to the achievement of sustainable development. It goes on
to state that achieving sustainable development means the planning system has
three overarching objectives, which are interdependent and need to be pursued in
mutually supportive ways: economic, social and environmental. The NPPF places
a presumption in favour of sustainable development. However, paragraph 47
states that “Planning law requires that applications for planning permission be
determined in accordance with the development plan, unless material
considerations indicate otherwise.”
Paragraph 48 of the NPPF goes on to state “Local planning authorities may give
weight to relevant policies in emerging plans according to: a) the stage of
preparation of the emerging plan (the more advanced its preparation, the greater
the weight that may be given); b) the extent to which there are unresolved
objections to relevant policies (the less significant the unresolved objections, the
greater the weight that may be given); and c) the degree of consistency of the
relevant policies in the emerging plan to this Framework (the closer the policies in
the emerging plan to the policies in the Framework, the greater the weight that
may be given).”
Planning policy with respect to waste is set out in the National Planning Policy for
Waste (NPPW published on 16 October 2014). Additionally, the National Waste
Management Plan for England (NWMPE) is the overarching National Plan for
Waste Management and is a material consideration in planning decisions.
Paragraphs 218 and 219 of the NPPF, in summary, detail that the policies in the
Framework are material considerations which should be taken into account in
dealing with applications and plans adopted in accordance with previous policy
and guidance may need to be revised to reflect this and changes made. Policies
should not however be considered out-of-date simply because they were adopted
or made prior to the publication of this Framework. Due weight should be given to
them, according to their degree of consistency with this Framework (the closer the
policies in the plan to the policies in the Framework, the greater the weight that
may be given).
Neighbourhood Plans
Bradwell and Pattiswick Neighbourhood Plan (Adopted July 2019)
Kelvedon Neighbourhood Plan (Adopted July 2022)
5.
CONSULTATIONS
BRAINTREE DISTRICT COUNCIL (Planning): Braintree District Council
expressed its objection in the strongest terms during the consideration of the
IWMF at Rivenhall Airfield by the SoS in 2010. However it had to accept the
decision of the planning process via the SoS that the proposal was acceptable in
principle and has since sought to work proactively with the statutory planning and
licencing bodies (namely ECC and the Environment Agency) to minimise the
impacts on local residents, amenity, infrastructure and the environment. This
development continues to be an area of grave concern to many residents, the
local Parish Councils, as well as the District Council itself, with the centre to
become the largest single emitter of greenhouse gases within the District and sits
within the County Council’s identified ‘Climate Change Focus Area’.
The District Council had also previously objected to the discharge of condition 66
which was approved by Essex County Council and appealed by the applicant.
Braintree DC had been accepted as a Rule 6 Party in that appeal. This was on
the basis that the Plan of Action submitted was disingenuous and lacking both a
clear plan or any actions and did not respond to local resident concerns.
This application now seeks to remove condition 66 completely and the applicant
notes that this is because the development has started with contracts let and work
on site is underway, meaning that the need for the condition has fallen away and
therefore, in their view, it fails to meet the tests for conditions set out in national
policy and guidance.
Braintree DC notes that for the purposes of this individual condition, the
requirements set out within it have largely been superseded by development on
site. However we remain firmly of the view that given the time that has passed
since the original application was determined and the fundamental change in what
is being proposed to be brought forward by the applicant on the site (including the
increase in electricity generation which is being sort through the NSIP process), a
single new application appears to be the only sensible way in which residents,
stakeholders and statutory bodies can properly consider and engage in the
proposals which are now before us, and consider them in the context of the
current national and local planning policy framework.
BRAINTREE DISTRICT (EHO): No comments received.
ENVIRONMENT AGENCY: No objection. The applicant may wish to apply to
remove those elements of the IWMF that are not to be developed as monitoring
fees will be charged for all elements included in the Environmental Permit.
HISTORIC ENGLAND: No comments to make.
LEAD LOCAL FLOOD AUTHORITY: No comments to make.
NATIONAL HIGHWAYS (EAST OF ENGLAND): No objection
BRADWELL WITH PATTISWICK PARISH COUNCIL: No comments to make.
KELVEDON PARISH COUNCIL: Objection. It is considered to be an attempt to
extensively vary the original planning approval which now amounts to planning
creep. The current project bears almost no resemblance to what was originally
granted planning consent and request that the whole project be re-assessed on
its merits.
COGGESHALL PARISH COUNCIL (Adjacent): Objection. Despite significant
local opposition to the original scheme, it could be argued that the IWMF project
had some benefits attached in relation to its sustainability credentials with the
facilities required under Condition 66, giving some mitigation to the incinerator.
This Condition would have been imposed for sound national and local planning
policy reasons, and afforded some sustainability to what is otherwise purely a new
incineration plant, and on this basis, the Parish Council objects to the removal of
the Condition.
Conditions are imposed to make applications acceptable in planning terms, where
they otherwise may not be. The Condition is not a small one, but a requirement to
ensure that all of the related services being proposed would also come forward, to
ensure that waste treatments other than purely incineration would occur.
The fundamental structure of how this project was originally put forward to both
Essex County Council, and the community, has been undermined and the
removal of Condition 66 will bring the process to the point where it is an entirely
new proposal. Any such new proposal should be required to be put in as a new
planning application to be determined on its merits within the current policy
framework and overall guidance, along with our understanding of how the
incineration of waste should be dealt with in 2023. This scheme was originally
permitted - with the associated recycling elements - in 2010. Even within the
intervening 13 years, our understanding of the effect of burning on the climate has
vastly changed and is becoming unacceptable. Therefore, one of the first
questions that should be asked is whether this scheme would be permitted in its
incineration only guise, today.
If the argument for not bringing forward the associated works is one of viability,
and the removal of the impositions under Condition 66 are needed in order to
make it viable, then the entire project should stop, as it is therefore fundamentally
unviable in its proposed form. There should not be a situation whereby the sub-
division of a planning permission from the conditions deemed necessary at the
time, is permitted.
SILVER END PARISH COUNCIL (adjacent): No comments received.
RIVENHALL PARISH COUNCIL (nearby): Objection. The application raises
further complex planning and legal matters which are a consequence of the long
planning history for the site and the numerous changes of plans – and the failure
to deliver (i.e. bring to operation) any permission given to date.
The first permission for the “Integrated” waste site, which included a significant
proportion of recycling, was given following a Public Planning Inquiry, by the
Secretary of State, in March 2010. Over 60 planning conditions were imposed, to
give the Local Planning Authority (LPA) and local communities assurances about
control of impacts for what is a major industrial development in the countryside.
A significant s73 variation was then granted by the LPA, Essex County Council, in
February 2016, which reduced the proportion of recycling and greatly increased
the proportion of waste incineration. There have also been other changes and
overall, the amount of consented waste incineration has increased from 300,000
tpa to 595,000 tpa. Prior to 2010 there were also consents for waste plants on the
site which did not involve waste incineration, but these were never implemented.
This latest application seeks the removal of Condition 66 (C66) from the planning
permission for the site referenced ESS/34/15/BTE (the major s73 variation) which
was granted by ECC in February 2016.
An approved plan of action and a condition 69 was attached to the C66 discharge
notice requiring that the 2016 consent be implemented in full so that the
consented facility is actually built. The applicants in the current application are
arguing that they are not required to deliver the consent and that removal of such
requirements would not lead to significant environmental effects.
However, such an assurance cannot be made. The applicants have repeatedly
stated at the Rivenhall Airfield Waste Site Liaison meetings (to which Rivenhall
Parish Council sends representatives who always attend), that they will not be
building to the consent. The applicants have stated that they are seeking a series
of significant changes to the consent including increased electricity production
and alternative uses for heat. The consent says that to deliver Combined Heat
and Power status, the facility includes a paper pulping unit linked to the
incinerator to use heat, steam and electricity. The applicants have stated that the
paper pulping unit, the footprint of which is leased to a different company, is “not
viable and will not be built”. They have given no assurances that they will deliver
any of the consented recycling elements of the extant consent – so that is
potentially no paper pulping plant, no materials recycling and no anaerobic
digestion (AD).
The applicants (Indaver) knew when they acquired the site what the planning
requirements were, yet have set about dismantling them just as Gent Fairhead
sought to repeatedly alter the 2010 original consent (as the previous owners).
C66 of the 2016 consent related to the event that the waste facility is not brought
into beneficial use (i.e. operating) within 5 years of commencement of the
development. That period has already lapsed – and by some margin, as it
became due in February 2021.
C66 required that a plan of action for an alternative use or a scheme of
rehabilitation for the site would be required for approval by the Waste Planning
Authority and that it should be implemented within 6 months of approval by the
Waste Planning Authority.
The approved plan of action is that the site should be built according to the 2016
consent. Yet the applicants have made it clear they will not do so.
The applicants argue in the current application that the only reason that C66 was
considered necessary when it was imposed in February 2016 was due to the
absence of an environmental permit and the consequential desire to mitigate the
risk that the planning permission might be implemented and construction
commenced, but then halted prior to the start of operation because the necessary
environmental permit could not be obtained.
What the applicants fail to address in their current application, but have admitted
to the Waste Site Liaison meeting, is that the changes they seek to the consent
for the facility may require a new or amended environmental permit. There is no
guarantee that the current permit will be the one that is in place for the facility if
and when it starts operations The applicants also assume that there will be no
significant changes to environmental impacts as a result of their proposed
changes and yet have submitted a Scoping Opinion request for a series of huge
glasshouses to be built on land that has long been allocated within the planning
consents for both the waste site and the quarry land for environmental restoration
to meadows, woodland and agricultural land, with a road access though part of
that land. If such major changes are not approved, and for other reasons such as
the commercial environment, there remains a risk that overall, the waste facility
will not be delivered.
The applicants conclude that, in deleting C66, Essex County Council should not
impose any new condition requiring full or entire implementation of the 2016
consent. In other words, they seek an almost blank sheet of paper to do as they
wish. The applicants state:
“To impose a new condition through this s73 application to require full or entire
implementation would be an unlawful new and onerous burden” and that the
“legal position is that the partial implementation of the development is lawful”.
However, no indication is given as to what “partial” means.
In conclusion, this latest application to change the waste site consent introduces
yet more uncertainty and further undermines any residual confidence that local
communities have in what will actually be built. There can be no firm assurances
on environmental impacts as it is simply unknown as to what the applicants will
actually build whilst suggested and proposed changes keep being raised by them.
If successful, the current application would deliver an almost blank sheet of paper
(in planning terms) to the applicants to build whatever parts of the current consent
they wish to build and nothing more, whilst at the same time applying for other
changes. This despite decades of planning history for the site. It appears that the
only part of the facility the applicants are committed to build is the waste
incinerator and in that case the facility could not be described as “integrated”.
Rivenhall Parish Council would submit that the current application should be
refused and that the applicants should be required to build to the extant consent.
Failing that, and as the parish council has repeatedly requested, a new and full
planning application should be required to detail what the applicants actually do
wish to build, and that should be subject to full consultation and appraisal by the
local community and statutory consultees in order to put an end to the decades of
planning creep on the site.
FEERING PARISH COUNCIL (nearby): No objection to an obligation to carry out
the planning application as it still stands are not removed and that all elements of
the IWMF as permitted are delivered within a timely fashion.
LOCAL MEMBER- BRAINTREE - Witham Northern: Any comments will be
reported verbally.
LOCAL MEMBER- BRAINTREE - Braintree Eastern: Objection. My view that
Essex County Council is not applying the criteria for Section 73 correctly.
Indaver submitted a minor-material amendment (S73) to ECC with regards to the
planning permission of the Rivenhall Integrated Waste Management Facility, the
MMA is summarised below:
• Continuation of development of the Integrated Waste Management Facility
(IWMF) with deletion of condition 66, approved details thereunder and
associated conditions (Plan of Action if development not taken forward
within 5 years) of planning permission ESS/34/15/BTE (ref:
ESS/39/23/BTE).
It is my view this is not a “minor-material amendment” and should result in a new
Environment Impact Assessment being carried out using today’s criteria and
legislation and not that of 2010 as much has changed since then.
I understand that last month (May 2023) ECC decided a new EIA was not
required, because “Deletion of the approved details and associated conditions,
would not change the development permitted under the original planning
permission, thus there would be no change to the characteristics of the
development as described in the list above, which were considered as part of the
Environmental Statement and subsequent addendums to that Environmental
Statement”.
It has been pointed out to me that this was not the correct test and ECC should
have considered whether the amended proposed development as a whole would
comprise EIA development and not simply whether the changes amounted to a
significant change to the existing development.
Deleting Condition 66 is a material change because it changes the IWMF into an
waste incinerator facility only and would be different from what was envisaged by
the then Secretary of State in 2010; basically it is not a minor material
amendment. Therefore, please will you look at whether Section 73 has been
applied correctly and whether a new EIA is required.
It is my view that deleting Condition 66 is such a huge material consideration, it
should be called in by today’s Secretary of State.
6.
REPRESENTATIONS
6 properties were directly notified of the application of which only 2 are residential
properties. 13 letters of representation have been received These relate to
planning issues, summarised as follows:
Observation
Comment
Object to the principle of a waste facility
close to Silver End, as moved to the area
for green surroundings and better air
quality. The facility would reduce air
quality.
The principle of the IWMF was
established through the original
planning permission determined
following a call-in inquiry.
Object as removal of condition 66 ensure
the facility is built in accordance with the
agreed plans.
See appraisal
The application raises further complex
planning and legal matters a
consequence of numerous changes of
plans and failure to bring into operation
any facility.
See appraisal
The planning conditions give assurance
to the public that the impacts of the
development will be controlled.
See appraisal
Past permissions have watered down the
recycling elements of the proposal and
increased the waste incineration facility
to nearly 600,000tpa.
See appraisal
Applicants state that the changes would
not result in additional impacts on the
local community, but it’s not clear what
will be built.
See appraisal
All aspects keep changing and recently
developers announced plans to build
huge glasshouses all around the waste
site on land agreed to be restored to
meadows, woodland and agricultural
land.
See section 7
Application should be refused and either
Applicant’s should be required to build all
what they have planning permission for
or make a new planning application for
what they wish to build, with full
consultation to avoid decades of planning
creep.
See appraisal
Indaver (the applicant) have stated that
they will not build or unlikely to build all
the elements of the IWMF, thus not
delivering the AD, MRF or the paper
pulping plant that the Inspector took into
account in 2009/10 when making his
recommendation for approval.
See appraisal
Applications considered since 2010 have
reduced the recycling elements of the
IWMF, increased the proportion of
incineration and demonstrated the lack of
viability of an integrated facility.
See appraisal
ECC imposed conditions in determining
the submission under condition 66 to
require all elements of the IWMF to be
built, but the applicant’s stated the would
not build all elements as they were
unviable.
See appraisal
Applicant argues condition 66 was only
imposed as at the time no Environmental
Permit had been obtained. But if all
elements of the IWMF are not to be built,
the EA have stated an amended EP
would be required, which potentially they
may not get that amended EP.
See appraisal
Glasshouses are being considered linked
to the IWMF which would significantly
change the approved restoration scheme
for the surrounding quarry.
See section 7
Applicant considers partial
implementation of the planning
permission is lawful, but not clear what
partial means.
See appraisal
Current application introduces yet more
uncertainty and further undermines any
residual confidence that local
communities have in what will actually be
built and what environmental impacts
there would be.
See appraisal
If current application approved it would
give blank sheet of paper (in planning
terms) to build whatever parts of the
See appraisal
current permission they wish to build and
nothing more.
If the applicant only builds the EfW it
would not be an integrated facility.
See appraisal
7.
Other developments associated with IWMF
Representations refer to two other developments associated with the IWMF.
A) Increased power output The applicant Indaver is seeking to increase the
power output of the facility. The current planning permission allows power
output up to 49.9MW. This the maximum output of a power plant they may be
granted by a local authority. Due to technological changes Indaver consider
they can generate greater than 49.9MW, without increasing the volume of
waste permitted to be treated through the EfW plant and without any additional
traffic movements above those currently permitted.
Power plants generating greater than 49.9MW are classified as National
Significant Infrastructure Projects (NSIP) under the 2008 Planning Act and
applications for such are determined by the Planning Inspectorate. NSIPs
have a specific procedure which includes a pre-application consultation stage.
The NSIP website indicates an application is expected in the fourth quarter of
2023. The application to PINS for a Development Consent Order to increase
the power output at Rivenhall IWMF is currently at the pre-application
consultation stage, consultation having commenced on the 29 June 2023 for 8
weeks. This is a separate planning process and does not impact on the
determination of the current planning application.
B) Greenhouses A separate developer Oasthouse, but with knowledge from
Indaver, has recently made a request for pre-application advice to both ECC
as Minerals and Waste Planning Authority and Braintree District Council
regarding the potential for development of greenhouses on land surrounding
the IWMF site, on parts of the former Bradwell Quarry. This potential proposal
has been presented at the Rivenhall IWMF liaison group and the local Parish
Council consulted on the pre-application request. The greenhouses are
proposed to use heat from IWMF to heat the greenhouses and utilise CO
2
in
the growing process. . As part of this pre-application advice it has been
agreed between the Minerals and Waste Planning Authrity and Braintree
District Council that the application would be a County Matter as, if the
application were to come forward, it would significantly change the approved
restoration scheme for Bradwell Quarry and would require linkages to the
IWMF. At this stage, no planning application has been made.
These applications will be dealt with on their individual merits but, as no planning
permissions have been issued, they currently have no bearing on the
determination of the current application subject of this report.
8.
Screening Opinion Direction Request
Under the Environmental Impact Regulations 2017, it was necessary to screen
the proposed application to assess whether it was EIA development and if so
whether it should be submitted with a revised or new Environmental Statement.
The original 2008 and subsequent 2015 applications were supported by
Environmental Statements.
The Screening Opinion issued by the WPA concluded that the application was not
EIA development as the development, as changed, did not meet the thresholds
requiring mandatory EIA and would not give rise to significant environmental
effects. The application would not change what is permitted by the current extant
planning permission.
There is a right for any third party to seek what is known as a “Screening
Direction” from the SoS. A Screening Direction is the SoS’s view as to whether
the application is EIA development and should be supported by an Environmental
Statement.
A request for a Screening Direction has been made by a third party to the SoS.
The Planning Casework Unit at the Department of Levelling Up, Housing and
Communities has indicated that a decision on the request may take as long as 90
days, if not longer, to consider. This does not prevent the WPA making a
resolution on the application, but it would be not necessarily be appropriate to
issue a decision on the application until such time as the SoS has considered the
request and notified the WPA of its decision.
9.
Call-In
Representations have made reference to the fact that the application should be
called-in i.e. that the determination of the application should be undertaken by the
SoS. At this stage, the WPA has not received any notification from the SoS that a
request for call-in is being considered.
10.
APPRAISAL
The key issues for consideration are:
A. The original purpose of condition 66;
B. What was approved under Condition 66 in March 2022;
C. Changes in case law since determination of the submission under
condition 66;
D. The consequences with respect to planning control that would arise from
the deletion of condition 66, the details approved thereunder and
associated conditions;
E. The environmental impacts that would arise from the deletion of C66; and
F. Relationship to outstanding appeal with respect to C66
A
THE ORIGINAL PURPOSE OF CONDITION 66
Condition 66 was imposed in 2016 when the WPA determined the application to
change the capacities of the various elements of the IWMF (application reference
ESS/34/15/BTE). At that time while the IWMF had gained planning permission it
had not obtained an Environmental Permit (EP) from the Environment Agency
that would allow it to operate as permitted by the planning permission.
It was unlikely that a developer would take the commercial risk to progress to full
construction of the IWMF without an EP, but it was likely that a technical
implementation would take place such that the planning permission would not
expire. Condition 66 sought to address the possibility that that the site might
technically be started but not obtain an EP and therefore not progress beyond
initial groundworks. Groundworks that constituted technical implementation were
undertaken in March 2016, but then further works did not progress immediately
beyond this time. The condition sought to require that if development had not
progressed within 5 years from the date of commencement that a scheme for
rehabilitation or a plan of action for an alternative use for the site should be
submitted within 6 months. The Plan of Action was required by September 2021.
As explained, the applicant submitted a Plan Of Action (ECC reference
ESS/34/15/BTE/66/01) in September 2021, setting out 3 potential options, and the
submission was determined in February 2022 by the Development and
Regulation Committee. A copy of the Committee report documents are available
here.
The IWMF obtained an EP in June 2020 that was in line with the planning
permission ESS/34/15/BTE. Construction of the CHP/EfW element of the IWMF
development is now positively progressing (see the photographs in Section 1 of
the report) and the original purpose for the planning condition imposed in 2016
has fallen away.
B
WHAT WAS APPROVED UNDER CONDITION 66 of ESS/34/15/BTE/66/01 IN
MARCH 2022
In March 2022, the decision on the submission under Condition 66 was issued,
approving the details under Option 1 of the applicant’s submission i.e. that the
IWMF should be built as per the planning permission. The approval was subject
to two conditions. The first ensuring that there was no doubt that in approving
Option 1, the approval was still subject to all the conditions of the ESS/34/15/BTE
and a further condition that required all elements of the IWMF to be constructed
prior to the operation of the CHP/EfW plant and that the construction should be
completed by 31 December 2026.
The applicant has appealed this decision as it is their view that it is unlawful to
require all elements of the IWMF to be built prior to operation of the EfW facility
and that it is unlawful to impose a time limit on completion. The appeal is
currently scheduled to be heard in October 2023.
C
CHANGES IN CASE LAW SINCE DETERMINATION OF THE SUBMISSION
UNDER CONDITION 66.
Since determination of the submission under condition 66 there has been a
planning case determined in the Supreme Court - Hillside Parks Ltd. v.
Snowdonia National Park Authority [2022] UKSC 30, which has clarified that non-
completion of a project for which planning permission has been granted (i.e.
partial implementation) does not make development carried out pursuant to the
permission unlawful.
This is in line with Government guidance paragraph 21a-005 of National Planning
Practice Guidance which states:
“Are there any circumstances where planning conditions should not be used?
…
Conditions requiring the development to be carried out in its entirety:
Conditions requiring a development to be carried out in its entirety will fail the test
of necessity by requiring more than is needed to deal with the problem they are
designed to solve. Such a condition is also likely to be difficult to enforce due to
the range of external factors that can influence a decision whether or not to carry
out and complete a development.”
Without pre-judging the appeal outcome, it is likely that this case and guidance
will be taken into account by the appointed Planning Inspector.
In light of the above and in discussion with the appellant and Braintree District
Council (a rule 6 party to the appeal), it was agreed to consider resolving the
matters subject of the appeal via an application by the appellant/applicant
(Indaver) to delete condition 66, including the approved details thereunder and
associated conditions and hence the current application has come forward.
D
THE CONSEQUENCES WITH RESPECT TO PLANNING CONTROL THAT
WOULD ARISE FROM THE DELETION OF CONDITION 66, THE DETAILS
APPROVED THEREUNDER AND ASSOCIATED CONDITIONS.
If C66 were deleted as applied for, there would not be a condition that specifically
requires:
a) All elements of the IWMF to be built prior to operation of the EfW facility
b) A condition requiring that all elements are constructed by 31 December
2026.
The WPA remains of the view that the planning permission for the IWMF is
permission for an Integrated Waste Management Facility – the components listed
in the description of development highlighted in the title of this report. The
application for the IWMF was considered to represent ‘sustainable development’
in the context of planning guidance (NPPF) notably because of the benefits of
integration. For example, having an MRF co-located with CHP facility, providing
the last opportunity to recover recyclables and that of co-locating a paper pulp
plant with the CHP, meant heat and steam could be used directly in the paper
pulp facility, which is more efficient use of heat and steam than power generation
alone. Such integrated uses sought to maximise the sustainability of the IWMF.
However, it is acknowledged that the applicant has stated that the paper market
has changed since 2010 when the permission was granted, in particular since the
COVID 19 Pandemic the greater prevalence of working online and from home has
reduced paper usage in offices.
Indaver as a company has been open in stating that it does not now consider the
paper pulp plant to be viable. Indaver has been exploring with other developers
other options for direct use of heat and/or CO
2
. As explained previously, pre-
application advice has been provided on potential greenhouses using heat and
CO
2
. MBT also permitted as part of the IWMF is a technology that has since
been shown to have disadvantages because, while reducing the volume of waste,
ultimately the output still needs to be disposed of either through landfill or
incineration; reduction of the volume of waste is less beneficial when co-located
with an incinerator. Indaver has stated that it doesn’t consider there is sufficient
feed material for the AD plant permitted as part of the IWMF. Thus at the current
time Indaver is only indicated it is progressing the EfW facility, but has stated it is
exploring other waste management facilities that could be co-located at the site, in
particular a MRF.
As explained earlier, national planning guidance considers planning conditions
requiring completion of a development are unreasonable, because not all factors
are fully in the control of the developer, such as the change in circumstances
since 2016 as put forward by the developer as not matters in their control. As
previously mentioned, the PPG states, with respect to conditions that require
development in its entirety, “Such a condition is also likely to be difficult to enforce
due to the range of external factors that can influence a decision whether or not to
carry out and complete a development.”
While the WPA acknowledges the above, the WPA remains of the view that the
SoS in determining the original application in 2010 and the WPA in considering
the 2015 variation, took into account the integration of the facility and how this
contributed to delivering sustainable development. Without this integration the
IWMF would not be the IWMF as permitted and would be a standalone EfW,
which is less sustainable than if all elements were delivered. However, it has to
be recognised that sustainable development is made up of 3 dimensions, namely,
social, economic and environmental. Indaver as this stage does not consider
elements of the IWMF are financially viable thereby impacting the economic
sustainability of those elements of the IWMF.
Nonetheless, even if C66 was deleted, the IWMF can only be developed in
accordance with the planning permission. Representees have stated that
removal of condition 66 would lead to uncertainty as to what is to be developed.
While it is not clear what elements of the IWMF will be finally delivered, apart from
the EfW, the existing planning permission only permits what is set out in the
planning decision notice. Condition 2, for example, approves all the main
drawings to which development under the planning permission is required to be
built unless alternative approval is given via any future applications to the WPA, or
the SoS in the case of DCO development. In addition, other conditions of the
planning permission control various detailed aspects of the development. For
example the building roof details, lighting, landscaping, ecological mitigation,
access and noise which minimise the environmental impacts of the development.
The IWMF is also subject to an EP administered by the Environment Agency,
which controls pollution aspects of the IWMF.
In addition, the Local County Council Member for Braintree Eastern doesn’t
consider the deletion of C66 should be dealt with by a S73, considering it to be a
material change to the development, because it removes the specific requirement
to build all elements of the IWMF. As explained earlier, the WPA’s view has
always been that the planning permission required all elements to be built and in
many respects the condition on the approval of the Plan of Action just reinforced
the sequencing in specific terms. In addition, recent caselaw would indicate that
not developing all elements of a permitted development, does not make that part
that has been developed unlawful and as explained above, the deletion of C66
doesn’t change what is permitted by the planning permission. It is therefore
considered that the deletion of condition 66 would not in fact result in a more than
a minor material amendment to the permitted development.
It is understood that if certain elements of the IWMF are not built then a variation
may be required to the EP administered by the Environment Agency. While no
application has been made to the EA at this stage, it does not prevent the
developer progressing with the development. Ultimately, if a variation to the EP
was not obtained the developer could develop the site fully as permitted through
the extant planning permission and operate under the extant EP.
Braintree District Council, several parish councils and representees have objected
to the application on the basis that, if the development for the waste facility is not
going to be the integrated waste facility considered by the SoS in 2010 and the
WPA in 2015, then the development should be subject to a completely new
application. It is suggested the new planning application should set out what
would be developed at the site, which might for instance be a stand-alone EfW
facility and the proposals considered against current local and national planning
policy, particularly with respect to climate change.
Nonetheless, at the current time, it is considered that there is no tangible position
to claim Indaver are not lawfully implementing the extant planning permission.
There is no breach of planning control and thus there is no justification to require
a new planning application. However, should Indaver only build out and
beneficially operate the EfW facility alone, further advice may be needed on
whether a breach of planning control would exist at that time.
E
THE ENVIRONMENTAL IMPACTS THAT WOULD ARISE FROM THE
DELETION OF C66
As explained above, while deletion of C66 would mean there was no direct
conditional requirement to build all elements of the IWMF prior to operation of the
CHP/EfW plant or to complete it by the 31 December 2026, the deletion would not
change what is permitted to be developed and operated on the site.
As Indaver has openly stated, it is likely that not all elements of the IWMF will be
built, however, building less than what was permitted could, for example, lead to
different environmental impacts than those assessed as part of the previous
Environmental Impact Assessment process. While it is considered that not
building all elements of the IWMF could deliver less environmentally sustainable
development, being less sustainable does not necessarily equate to greater
environmental impacts in the locality. The environmental impacts were considered
both in 2010 by the SoS and by the WPA in 2016 and appropriate mitigation
required as part of the proposals or required and controlled through the planning
conditions and legal obligations.
Not developing all elements of the IWMF (as long as the main building and EfW
plant is developed as permitted) would not change the following matters
considered as part of the original Environment Statement:
• Water Environment
• Ecology Impact
• Landscape and visual Impact
• Cultural Heritage
• Traffic and Transport
• Air Quality
• Noise and vibration
• Social and Community Issues
• Human Health
However, further advice on this position may be needed depending on what is
eventually built out and operated at that point in time.
F
RELATIONSHIP TO OUTSTANDING APPEAL WITH RESPECT TO C66
Currently the applicant has appealed the decision of the WPA with respect to C66
and an inquiry is programmed for October 2023. At the time of submitting the S73
application the applicant had indicated that , if the application was approved, they
would be willing to withdraw the appeal.
In view of the clarifying caselaw since determination of the submission under
condition 66, as set out earlier (Section C), as part of the preparation the pending
planning appeal, Counsel’s advice has been sought and it is considered that the
WPA’s case may have been undermined by this recent caselaw. Defending such
an appeal will require significant staff and financial resources. It is not considered
in the wider public interest that the WPA can provide any additional evidence, bar
that already provided within the February 2022 Committee Report and submitted
Statement Of Case, which would justify its position in relation to the pending
appeal.
The delay resulting from the SoS notification – i.e. that it may take 90 days or
longer to consider the EIA Screening Direction - means potentially no decision on
the current application, if positively resolved, can be issued in time to negate the
need for a public inquiry into the appeal. As a result, the appellant has advised
that they are likely to continue with the appeal and planned Public Inquiry in
October 2023, regardless of the resolution on the current application.
It is considered that, due to the clarification provided by the recent Hillside case,
in any event, the WPA should not continue with participation in the public inquiry,
other than relying on the evidence already submitted, as it would not be in the
wider public interest to do so.
11.
LEGAL AGREEMENT
The current planning permission is subject to a legal agreement and deeds of
variation associated with previous S73/variation planning permissions. In order to
ensure the obligations remain associated with any new planning permission, it is
necessary for all parties to the agreement to enter into a deed of variation to the
agreement. Thus if planning permission were to be granted i.e. deletion of C66, a
deed of variation would need to be completed before the planning permission
could be issued.
12.
CONCLUSION
The deletion of Condition 66, the details approved thereunder and the associated
conditions would remove a specific condition requiring all elements of the IWMF
to be built before the EfW plant could be operated and also remove the
requirement to complete all construction by 2026.
Recent caselaw has clarified that partial implementation of a development is not
unlawful and thus the requirements approved under condition 66 are considered
to be unenforceable. This position is also supported by planning guidance.
However, it should be emphasised that it is the opinion of the WPA that the
removal of C66 does not give the developer the right to build anything other than
that which has been approved. The development would still be required to
comply with all the conditions of the planning permission, including, layout,
access, vehicle numbers, waste throughput, lighting noise, ecology etc, unless
planning applications are made either to the WPA or SoS for changes and these
applications subsequently approved.
It remains the view of the WPA that the IWMF was permitted as an integrated
facility and that, without the integration of all the elements of the IWMF, it would
not deliver the full benefits of integration. And as a result it would deliver less
environmentally sustainable development.
Should permission be resolved to be granted, no decision on the application
would be issued until such time as the SoS has issued its decision on the EIA
Screening Direction.
13.
RECOMMENDED
13.1 That planning permission be granted subject to the following:
a) The SoS not concluding the application should be supported by an EIA
and/or that the application should be called in for his determination;
b) Legal agreement: The prior completion, within 6 months (unless otherwise
agreed with Chairman) a Deed of Variation to the existing Legal Agreement
to ensure all previous legal obligations remain associated with the new
permission; and
c) Conditions: Imposition of the previous conditions, except C66, and
incorporating any details approved under the conditions or non material
amendments granted to existing conditions as set in Appendix A
13.2 If the appellant fails to withdraw the appeal into Condition 66 decision ECC
Ref ESS/34/15/BTE/06/1APP (PINS Ref APP/Z1585/W/22/3306429) that
ECC should not present further evidence and not provide representation at
the Public Inquiry
BACKGROUND PAPERS
Consultation replies
Representations
THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 (AS
AMENDED)
The proposed development would not be located adjacent or within a European
site.
Therefore, it is considered that an Appropriate Assessment under Regulation 63 of
The Conservation of Habitats and Species Regulations 2017 (as amended) is not
required.
EQUALITIES IMPACT ASSESSMENT
This report only concerns the determination of an application for planning
permission. It does however take into account any equality implications. The
recommendation has been made after consideration of the application and
supporting documents, the development plan, government policy and guidance,
representations and all other material planning considerations as detailed in the
body of the report.
STATEMENT OF HOW THE LOCAL AUTHORITY HAS WORKED WITH THE
APPLICANT IN A POSITIVE AND PROACTIVE MANNER
In determining this planning application, the Waste Planning Authority has worked
with the applicant in a positive and proactive manner based on seeking solutions
to problems arising in relation to dealing with the planning application by liaising
with respondents and the applicant/agent. This approach has been taken
positively and proactively in accordance with the requirement in the NPPF, as set
out in the Town and Country Planning (Development Management Procedure)
(England) Order 2015.
LOCAL MEMBER NOTIFICATION
BRAINTREE - Witham Northern
BRAINTREE - Braintree Eastern
Appendix A – Conditions for ESS/39/23/BTE
1
This planning permission will have deemed to have been implemented and
commenced from the date of the planning permission. The development
permitted under planning permission ESS/34/15/BTE was notified as commenced
on 1 March 2016 by letters dated 1 March 2016 and 3 March 2016 from Holmes
and Hills Solicitors. The commencement was acknowledged by the Waste
Planning Authority under reference ESS/34/15/BTE/1/1 on 14 March 2016.
Reason: To comply with section 91 of the Town and Country Planning Act 1990
(as amended).
2
The development hereby permitted shall only be carried out in accordance with
planning application ECC ref ESS/37/08/BTE (PINS Ref.
APP/Z1585/V/09/2104804) dated 26 August 2008 (as amended) and
As amended by Non-Material Amendment application reference
ESS/37/08/BTE/NMA2 dated 4 September 2012, accompanied by letter from
Berwin Leighton Paisner dated 29 August 2012 and email dated 18 September
2012 as approved by the Waste Planning Authority on 25 October 2012.
and
As amended by planning application reference ESS/44/14/BTE dated 5 August
2014, accompanied by letter from Holmes & Hills dated 5 August 2014, report
entitled “Business development since obtaining planning permission” dated
August 2014, report “Changes in the Case for Need since September 2009” dated
August 2014 and letters from Honace dated 5 August 2014 and Golder
Associates dated 4 August 2014 and granted by the Waste Planning Authority on
4 December 2014.
and
As amended by planning application reference ESS/55/14/BTE dated 12
December 2014, accompanied by letter from Holmes & Hills LLP dated 12
December 2014, SLR report “Justification for Removal of Fuel Sourcing
Conditions” Rev 4” dated December 2014 and letter from Honace dated 5 August
2014 and Golder Associates dated 4 August 2014.
And
As amended by planning application reference ESS/34/15/BTE dated 4 August
2015 and drawing numbers:
Drawing Ref
Title
Dated
1-1A
Land Ownership & Proposed Site Plan
21/12/15
1-2B
Proposed Planning Application Area and
Site Plan
21/05/15
1-5B
Typical Arrangement and Architectural
Features
21/05/15
1-8
Schematic Arrangement of Woodhouse
Farm
21/05/15
1-9A
Simplified Process Flow
21/05/15
1-10A
Integrated Process Flow
21/05/15
3-3B
Site Plan Layout
21/05/15
3-8E
Building and Process Cross Sections
Dec 2015
3-12E
Building and Process Layout and Cross
Sections
Dec 2015
3-14B
Upper Lagoon & Wetland Shelf
18/12/14
3-16
Services Plan
21/05/15
3-19D
General Arrangement & Front Elevation
Dec 2015
8-6A
Landscape Mitigation Measures
21/05/15
IT569/SK/06
A
Proposed Improvements to Site Access
Road Junction with Church Road
05/08/08
IT569/SK/07
A
Proposed Improvements to Site Access
Road Junction with Ash Lane
05/08/08
19-2C
Tree Survey
21/05/15
19-3C
The Constraints and Protection Plan
21/05/15
19-5A
Base Plan Woodhouse Farm
21/05/15
IWMF RP 01
IWMF Roof Layout Plan
24/12/15
As amended by Non-Material Amendment application reference
ESS/34/15/BTE/NMA1 dated 10 August 2021, accompanied by letter from RPS
dated 9 August 2021 as approved by the Waste Planning Authority on 30
September 2021.
As amended by Non-Material Amendment application Reference
ESS/34/15/BTE/NMA2 dated 10 December 2021 accompanied by letter from RPS
dated 16 December 2021 as approved by Waste Planning Authority on 31
January 2022.
As amended by Non-Material Amendment application reference
ESS/34/15/BTE/NMA4 dated 10 December 2021 accompanied by covering letter
dated 16 December 2021 as approved by the Waste Planning Authority on 13
January 2022.
As amended by Non-Material Amendment application reference
ESS/34/15/BTE/NMA5 dated 25 April 2023 accompanied by covering letter dated
20 April 2023 as approved by Waste Planning Authority on 31 May 2023.
As amended by Non Material Amendment application reference
ESS/34/15/BTE/NMA6 dated 5 May 2023 and covering letter dated 3 May 2023
as approved by the Waste Planning Authority on 7 June 2023.
And in accordance with any non-material amendment(s) as may be subsequently
approved in writing by the Waste Planning Authority and except as varied by the
following conditions:
Reason: For the avoidance of doubt as to the nature of the development hereby
permitted, to ensure development is carried out in accordance with the approved
application drawings, details (except as varied by other conditions), to ensure that
the development is carried out with the minimum harm to the local environment
and in accordance with Essex and Southend Waste Local Plan 2017 (WLP)
policies 1, 3, 10, 11 and 12 and Braintree District Local Plan 2022 (BDLP)
policies SP1, SP7, LPP1, LPP47, LPP52, LPP57, LPP63, LPP64, LPP65, LPP66,
LPP67, LPP70, LPP71, LPP72, and LPP77.
3
The total number of Heavy Goods Vehicle (HGV
1
) movements associated with the
excavation of materials (i.e. overburden, sand, gravel, and boulder clay) and
import and/or export of materials associated with the operation of the completed
Integrated Waste Management Facility (IWMF
2
)hereby permitted shall not exceed
the following limits:
404 movements 202 in and 202 out per day (Monday to Friday);
202 movements 101 in and 101 out per day (Saturdays);
and shall not take place on Sundays, Public or Bank Holidays, except for
clearances from Household Waste Recycling Centres between 10:00 and 16:00
hours as required by the Waste Disposal Authority and previously approved in
writing by the Waste Planning Authority. No HGV movements shall take place
outside the hours of operation authorised in Conditions 34 & 36 of this permission.
1
An HGV shall be defined as having a gross vehicle weight of 7.5 tonnes or more.
2
IWMF shall be defined as the buildings, structures and associated plant and
equipment for the treatment of waste at the site.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with, WLP policies 10 and 12 and BDLP policies LPP52 and LPP66.
4
The total number of HGV vehicle movements associated with the construction of
the IWMF (including deliveries of building materials) when combined with the
maximum permitted vehicle movements under Condition 3 shall not exceed the
following limits 404 movements 202 in and 202 out per day (Monday to Sunday).
No HGV movements shall take place outside the hours of operation authorised in
Condition 35 of this permission.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with, WLP policies 10 and 12 BDLP policies LPP52 and LPP66.
5
A written record of daily HGV movements into and out of the site shall be
maintained by the operator from commencement of the development and kept for
the previous 2 years and shall be supplied to the Waste Planning Authority within
14 days of a written request. The details for each vehicle shall include the identity
of the vehicle operator, the type and size of the vehicle, the vehicle registration
number, and an indication of whether the vehicle is empty or loaded.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with, WLP policies 10 and 12 and BDLP policies LPP52 and LPP66.
6
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the extended access road and crossing points
with Public Right of Way. The approved details include the application for
approval of details reserved by condition dated 4 August 2015 and include the
following drawings:
Drawing Ref
Title
Date
IT569/PAA/01A
Horizontal & vertical alignment
of extended access road Sheet
1
18/11/15
IT569/PAA/02C
Horizontal & vertical alignment
of extended access road Sheet
2
18/11/15
IT569/PAA/03
Extended access road cross
sections, Sheet 1
14/05/15
IT569/PAA/04
Extended access road cross
sections, Sheet 2
14/05/15
IT569/PAA/05
Extended access road cross
sections, Sheet 3
14/05/15
IT569/PAA/06
Extended access road cross
sections, Sheet 4
14/05/15
IT569/PAA/07A
Extended access road cross
sections, Sheet 5
14/07/15
IT569/PAA/08
Typical drainage details
May 2015
IT569/PAA/09
Typical access road detailed
cross sections
May 2015
IT569/PAA/10
Drainage long section detail,
Sheet 1
May 2015
IT569/PAA/11
Drainage long section detail,
Sheet 2
May 2015
142064-DC-GA-C-
116 C
Access road longitudinal section
17/12/15
142064-DC-GA-C-
117
Access road cross sections
Jun 2015
IT569_WR_01_Rev
A
Widening details for access
road between Church Road and
Ash lane
15/05/2015
IT569/S278_01G
Footpath crossing typical detail
12/11/15
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with WLP policies 10 and 12 and BDLP policies LPP42, LPP52 and
LPP66.
7
No works on the construction of the IWMF shall commence until the access road
extension and widening and all footpath cross-over points have been constructed.
Reason: In the interests of highway and pedestrian safety, safeguarding local
amenity and to comply with, WLP policies 10 and 12 and BDLP policies LPP42,
LPP52 and LPP66.
8
No vehicles shall access or egress the site except via the access onto the
Coggeshall Road (A120 trunk road) junction as shown on application drawing
Figure 1-2.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with WLP policies 10 and 12 and BDLP policies LPP42, LPP52 and
LPP66.
9
No vehicles shall park on the access road between the A120 and Ash Lane.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with WLP policies 10 and 12 BDLP policies LPP42, LPP52 and LPP66.
10
Intentionally blank
NB Condition fully discharged see application reference ESS/55/14/BTE/10/01
11
Intentionally blank
NB Condition fully discharged see application reference ESS/55/14/BTE/11/1
Reason: To ensure that any heritage interest has been adequately investigated
and recorded prior to the development taking place and to comply with WLP
policy 10, BDLP policy LPP57 and in accordance with the NPPF.
12
The development hereby permitted shall be implemented in accordance with the
ecological works and works to the Woodhouse Farm moat approved on 17 August
2022 under condition 12 of planning permission ESS/34/15/BTE. The approved
details are set out in the application for approval of details reserved by
condition dated 12 November 2021, email from Indaver/RPS dated 27 Jul7 2022
and document “Rivenhall IWMF – Moat Plan of Action.
Reason: To make appropriate provision for conserving and enhancing the natural
environment within the approved development, in the interests of biodiversity and
to protect the setting of the Woodhouse Farm Listed Buildings and in accordance
with, WLP policy 10 and BDLP policies LPP47, LPP57, LPP63, LPP64, LPP65,
LPP66 and LPP67.
13
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the signage, telecommunications equipment and
lighting within the Woodhouse Farm complex (comprising Woodhouse
Farmhouse, the Bakehouse, and the listed pump together with the adjoining land
outlined in green on Plan 1 [which can be found in the S106 legal agreement
dated 30 October 2009 associated with ESS/37/08/BTE]). The approved details
include: the application for approval of details reserved by condition dated 4
August 2015 and the following drawings & documents:
Drawing Ref.
Title
Dated
135
Site plan & signage proposals
Jul 2015
APC Communications solutions –
Internet & voice solutions V2
14/07/15
Pell Frischmann – Exterior lighting
design
23/07/15
DW40019H001/P1
Proposed lighting layout
22/07/2015
CW40019H001
Proposed lighting to car parking and
pedestrian areas
23/07/2015
The Pharos LED bollard – Urbis
Schreder
The Axia (the Green light) - Schreder
The signage, telecommunications equipment and lighting shall be implemented in
accordance with the details approved.
Reason: To protect the setting of the Listed Buildings and in the interest of visual
amenity and to comply with WLP policy 10 and BDLP policies SP1, SP7, LPP52,
LPP57, LPP70 and LPP77 .
14
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the design and maintenance of the stack. The
approved details include: the application for approval of details reserved by
condition dated 4 August 2015 and the following drawings and specifications:
Drawing Ref.
Title
Dated
LA01A
Chimney stack top cladding details plan &
elevations
23/07/15
LA02A
Chimney stack top cladding details fixing
details
23/07/15
Alucobond reflect- technical data sheet
Alucobond – cleaning & maintenance of
stove-lacquered surfaces
Genie – Self-propelled telescopic booms -
specifications
Genie – Self-propelled telescopic booms -
features
The stack shall be constructed and maintained in accordance with the approved
details throughout the life of the IWMF.
Reason: In the interest of visual amenity and to protect the countryside and to
comply with WLP policy 10 and BDLP policies LPP1, LPP47, LPP52, LPP57 and
LPP67.
15
Prior to construction of the IWMF buildings or the structures to the rear of the
main building details of the IWMF buildings and structures including the design
and samples of the external construction materials, colours and finishes of the
external cladding of the, and design and operation of the vehicle entry and exit
doors, shall be submitted to and approved in writing by the Waste Planning
Authority. The development shall be implemented in accordance with the details
and samples approved.
Reason: For the avoidance of doubt, in the interests of visual and landscape
amenity and to comply with WLP policy 10 and BDLP policies SP7, LPP1 and
LPP52.
16
Intentionally blank
NB Condition not used by SoS in 2010
17
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the management plan for the CHP plant to
ensure there is no visible plume from the stack. The approved details include: the
application for approval of details reserved by condition dated 4 August 2015 and
documents referenced:
• S1552-0700-0008RSF entitled “CHP Management Plan for Plume
Abatement” Issue no. 5 dated 16/02/16 by Fichtner; and
• S1552-0700-0013RSF entitled “Plume Visibility Analysis” both by Fichtner.
The development shall be implemented in accordance with the approved details.
Reason: In the interest of visual amenity, to protect the countryside and to comply
with WLP policy 10 and BDLP policies SP7, LPP47, LPP52, LPP67 and LPP70.
18
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the green roof for the main IWMF building. The
approved details include the application for approval of details reserved by
condition dated 4 August 2015, statement by Honace “Condition 18 Green Roof”
and document entitled “Bauder extensive biodiverse vegetation (XF301)”. The
green roof shall be implemented in accordance with the details approved.
Reason: In the interests of visual and landscape amenity and enhancement of
ecological biodiversity and to comply with WLP policy 10 and BDLP policies SP7,
LPP47, LPP52, LPP63 and LPP66.
19
No works to install process equipment or plant within the IWMF shall commence
until details of the IWMF process layout and configuration have been submitted to
and approved in writing by the Waste Planning Authority. The development shall
be implemented in accordance with the approved details.
Reason: To ensure the layout and configuration of the process equipment and
plant would not give rise to impacts not assessed as part of the application and
Environmental Statement and to protect local amenity and to comply with WLP
policy 10 and BDLP policies LPP52 and LPP70.
20
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to construction compounds and parking of all
vehicles and plant and equipment associated with the extraction of materials and
the construction of the IWMF. The approved details include the application for
approval of details reserved by condition dated 4 August 2015 and as set out on
drawing CCE-HZI-50043049 Rev 0.3 dated 17/12/15. .
Reason: In the interest of visual amenity, to protect biodiversity and the
countryside and to comply with WLP policy 10 and BDLP policies SP7, LPP47,
LPP52, LPP57, LPP63, LPP67, LPP70 and LPP77.
21
No beneficial operation of the IWMF shall commence until details of the provision
to be made for and the marking out of parking spaces for cars, HGVs and any
other vehicles that may use the IWMF have been submitted to and approved in
writing by the Waste Planning Authority. The parking provision and marking out
shall be implemented in accordance with the approved details. The parking areas
shall be retained and maintained permanently for manoeuvring and parking. No
HGVs shall park in the parking area adjacent to Woodhouse Farm complex
except in relation to deliveries for the uses at Woodhouse Farm complex.
Reason: In the interest of visual amenity, to protect biodiversity and the
countryside and to comply with WLP policy 10 and BDLP policies SP7, LPP47,
LPP52, LPP57, LPP63, LPP67, LPP70 and LPP77
22
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to foul water management. The approved details
include: the application for approval of details reserved by condition dated 4
August 2015 and the following drawings and documents:
Drawing Ref
Title
Dated
142064-DC-GA-C-
108G
Proposed drainage layout Sheet 1
of 2
16/10/15
142064-DC-GA-C-
109G
Proposed drainage layout Sheet 2
of 2
16/10/15
142064-DC-GA-C-
111A
Drainage Construction details
30/06/15
And email from Honace with enclosures dated 22/01/16 (17:13).
The foul water management scheme shall be implemented in accordance with the
details.
Reason: To minimise the risk of pollution on ground and surface water, to
minimise the risk of flooding and to comply with WLP policy 10 and BDLP policies
LPP70 and LPP77
23
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to surface water drainage and ground water
management. The approved details include: the application for approval of details
reserved by condition dated 4 August 2015 and the following drawings and
documents:
Drawing Ref
Title
Dated
142064-DC-GA-C-
108G
Proposed drainage layout Sheet
1 of 2
16/10/15
142064-DC-GA-C-
109G
Proposed drainage layout Sheet
2 of 2
16/10/15
142064-DC-GA-C-
111A
Drainage Construction details
30/06/15
And email from Honace with enclosures dated 22/01/16 (17:13).
The surface water drainage and ground water management scheme shall be
implemented in accordance with the approved details.
Reason: To minimise the risk of pollution on ground and surface water, to
minimise the risk of flooding and to comply with WLP policy 10 and BDLP policies
LPP70 and LPP74.
24
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the scheme of ground water monitoring. The
approved details include: the application for approval of details reserved by
condition dated 4 August 2015 and the following drawings and documents:
Drawing ref
Title
Dated
SOD-24 Rev A
Ground water borehole monitoring points
29/07/15
6-4
Groundwater Monitoring points
12/05/11
13 Rev A
Ground water Monitoring points
20/03/14
213033-150
As-built borehole locations
17/09/14
142064-DC-GA-
C-111A
Drainage Construction details
30/06/15
• Appendix A – Bradwell Quarry Groundwater Monitoring plots Jan 2008 to
Jul 2015
• CC Ground Investigations Ltd – Key to exploratory hole logs
• CC Ground Investigations Ltd – Rotary borehole log for borehole nos.
BH10 (sheets 1 to 4) dated 2014, BH11 (sheets 1 to 6) dated 2014, BH19
(sheets 1 to 4)dated 2014,
• Email from Honace dated 11/02/16 (09:19)
• Email from Honace dated 11/02/16 (13:59)
Reason: To minimise the risk of pollution to ground and surface water and to
comply with WLP policy 10 and BDLP policy LPP70.
25
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to land contamination and land remediation and
mitigation measures where contamination is identified approved on 16 February
2016 under condition 25 of planning permission ESS/55/14/BTE. The approved
details include: application for approval of details reserved by condition dated 4
August 2015 and the following documents:
• Condition 25 – Contaminated Land by Honace
• Rivenhall – Record Site Plan & Schedule of buildings
• Analytical Report Number : 14-59380 dated September 2014 by i2
Analytical Ltd
• Drawing no. 213033-150 As-Built Borehole Locations dated 14 July 2014
Reason: To minimise the risk of pollution to ground and surface water, to minimise
the risk of flooding and to comply with WLP policy 10 and BDLP policy LPP70.
26
The market de-inked paper pulp plant shall only source its heat steam and energy
from the IWMF with the exception of periods of start-up and maintenance and
repair of the IWMF.
Reason: To ensure the market de-inked paper pulp plant only remains at the site
as a direct consequence of its co-location with the IWMF and to protect the
countryside from inappropriate development and to comply with WLP policies 10
and 11 and BDLP LPP71 and LPP72.
27
No waste, except pre-sorted waste paper and card and Solid Recovered Fuel,
shall be brought on to the site other than that arising from within the administrative
area of Essex and Southend-on-Sea. Records indicating the origin of all waste
consignments and tonnages brought to the site shall be kept and made available
for inspection by the Waste Planning Authority for at least 2 years after receipt of
the waste. The records shall be made available to the Waste Planning Authority
within 14 days of a written request.
Reason: In the interests of the environment by assisting the Essex and Southend-
on-Sea waste planning authorities to become self-sufficient for managing the
equivalent of the waste arising in their administrative areas, ensuring that the
waste is transported in accordance with the proximity principle, minimising
pollution and minimising the impact upon the local environment and amenity and
to comply with WLP policies 10 and 11.
28
Intentionally blank
NB condition removed following planning permission reference ESS/55/14/BTE.
29
No waste other than those waste materials defined in the application shall enter
the site for processing or treatment in the IWMF plant. No more than 853,000tpa
of Municipal Solid Waste and/or Commercial and Industrial Waste shall be
imported to the site.
Reason: To ensure the scale of the facility would not give rise to impacts not
assessed as part of the planning application and Environmental Statement and to
protect local amenity and to comply with WLP policy 10 and BDLP SP1, SP7,
LPP52 and LPP70.
30
Intentionally blank
NB condition removed following planning permission reference ESS/55/14/BTE.
31
No waste brought onto the site shall be deposited, handled, stored, composted or
otherwise processed outside the IWMF buildings and structures.
Reason: To ensure minimum disturbance from operations, to avoid nuisance to
local amenity and to comply with WLP policy 10 and BDLP SP1, SP7, LPP52 and
LPP70..
32
All waste materials shall be imported and exported from the site in enclosed,
containerised or sheeted vehicles.
Reason: To ensure minimum nuisance from operations on local amenity,
particularly litter and odour and to comply with WLP policy 10 and BDLP SP1,
SP7, LPP52 and LPP70..
33
No vehicle shall leave the IWMF site without first having been cleansed of all
loose residual mineral or waste materials from the vehicle’s body and chassis.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with WLP policy 10 and BDLP policies LPP52 and LPP70.
34
No removal of soils or excavation of overburden, boulder clay, sand and gravel
shall be carried out other than between the following hours:
07:00-18:30 hours Monday to Friday; and,
07:00 -13:00 hours Saturdays;
and shall not take place on Sundays, Bank and Public Holidays except for water
pumping, environmental monitoring and occasional maintenance of machinery,
unless temporary changes are otherwise approved in writing by the Waste
Planning Authority.
Reason: In the interests of limiting the effects on local amenity, to control the
impacts of the development and to comply with WLP policy 10 and BDLP policies
LPP52 and LPP70.
35
The construction works (including deliveries of building materials) for the
development hereby permitted shall only be carried out between 07:00-19:00
hours Monday to Sunday and not on Bank and Public Holidays except for
occasional maintenance of machinery for the pouring and finishing works to
concrete between May 2023 and December 2023, unless temporary changes are
otherwise approved in writing by the Waste Planning Authority.
Reason: In the interests of limiting the effects on local amenity, to control the
impacts of the development and to comply with WLP policy 10 and BDLP policies
LPP52 and LPP70.
36
No waste or processed materials shall be imported or exported from any part of
the IWMF other than between the following hours:
07:00 and 18:30 hours Monday to Friday; and,
07:00 and 13:00 hours on Saturdays,
and not on Sundays, Public or Bank Holidays except for clearances from
Household Waste Recycling Centres on Sundays and Bank and Public Holidays
between 10:00 and 16:00 hours as required by the Waste Disposal Authority and
previously approved in writing by the Waste Planning Authority.
Reason: In the interests of limiting the effects on local amenity, to control the
impacts of the development and to comply with WLP policy 10 and BDLP policies
LPP52 and LPP70.
37
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the signage for Public Rights of Way where they
cross the access road. The approved details include: the application for approval
of details reserved by condition dated 4 August 2015 and the following drawing
no. IT569/S278_01G entitled “Footpath crossing typical detail” dated 12/11/15.
The signage for Public Rights of Way implemented in accordance with the
approved details and shall be maintained throughout the life of the IWMF.
Reason: In the interest of the safety of all users of both the Right of Way and the
haul road and to comply with WLP policy 10 and BDLP policies LPP42 and
LPP52,
38
During the commissioning and beneficial operation of the IWMF,except for
temporary operations, as defined in Condition 42, between the hours of 07:00 and
19:00 the free field Equivalent Continuous Noise Level (LAeq 1 hour ) at noise
sensitive properties adjoining the Site, due to operations in the Site, shall not
exceed the LAeq 1 hour levels set out in the following table:
Noise Sensitive Properties Location:
Herring's Farm
45
Deeks Cottage
45
Haywards
45
Allshot's Farm
47
The Lodge
49
Sheepcotes Farm
45
Greenpastures Bungalow
45
Goslings Cottage
47
Goslings Farm
47
Goslings Barn
47
Bumby Hall
45
Parkgate Farm Cottages
45
Measurements shall be made no closer than 3.5m to the façade of properties or
any other reflective surface facing the site and shall have regard to the effects of
extraneous noise and shall be corrected for any such effects.
Reason: In the interests of residential and local amenity and to comply with WLP
policy 10 and BDLP policies LPP52 and LPP70.
39
The free field Equivalent Continuous Noise Level (LAeq 1 hour) shall not exceed
42 dB(A) LAeq 1hour between the hours of 19:00 and 23:00, as measured or
predicted at noise sensitive properties, listed in Condition 38, adjoining the site.
Measurements shall be made no closer than 3.5m to the façade of properties or
any other reflective surface facing the site and shall have regard to the effects of
extraneous noise and shall be corrected for any such effects.
Reason: In the interests of residential and local amenity and to comply with WLP
policy 10 and BDLP policies LPP52 and LPP70.
40
The free field Equivalent Continuous Noise Level (LAeq 1 hour) shall not exceed
40 dB(A) LAeq 5min between the hours of 23:00 and 07:00, as measured and/or
predicted at 1 metre from the façade facing the site at noise sensitive properties,
listed in Condition 38, adjoining the site.
Reason: In the interests of residential and local amenity and to comply with WLP
policy 10 and BDLP policies LPP52 and LPP70.
41
Noise levels shall be monitored at three monthly intervals at up to five of the
locations, listed in Condition 38, the five locations shall be agreed with the Waste
Planning Authority. Monitoring shall begin upon commencement of the
commissioning phase of any element of the IWMF. The results of the monitoring
shall include the LA90 and LAeq noise levels, the prevailing weather conditions,
details of the measurement equipment used and its calibration and comments on
the sources of noise which control the noise climate. The survey shall be for four
separate 15 minute periods, two during the working day 0700 and 1830, and two
during the evening/night time 18:30 to 07:00 hours, the results shall be kept by the
operating company during the life of the permitted operations and a copy shall be
supplied to the Waste Planning Authority. After the first year of operation of the
IWMF, the frequency of the monitoring may be modified by agreement with the
Waste Planning Authority.
Reason: In the interests of residential and local amenity and to comply with WLP
policy 10 and BDLP policies LPP52 and LPP70.
42
For temporary operations at the site in relation to the excavation of materials, the
free field noise level at sensitive properties, listed in Condition 38, adjoining the
site shall not exceed 70dB LAeq 1 hour, due to operations on the site. Temporary
operations shall not exceed a total of eight weeks in any continuous 12 month
period for work affecting any noise sensitive property. Not less than 5 days
written notice shall be given to the Waste Planning Authority in advance of the
commencement of any temporary operation. Temporary operations shall include
site preparation, bund formation and removal, site stripping and restoration, and
other temporary activity as may be agreed, in advance of works taking place, with
the Waste Planning Authority.
Reason: In the interests of amenity and to comply with WLP policy 10 and BDLP
policies LPP52 and LPP70.
43
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to lighting. The approved details include: the
application for approval of details reserved by condition dated 4 August 2015 and
the following documents:
• Condition 43 Construction lighting By Honace; and
• Hilcare Ltd – Project P118536R2a – Reschemed scheme as a flat open
area using 6m columns and the specified number of flood lights dated
03/08/2015 including with data sheets, light locations and light level
calculations.
The lighting shall be erected, installed and operated in accordance with the
approved details throughout the life of the IWMF. The lighting details with
respect to excavation of materials shall not be illuminated outside the hours of
0700 and 1830 Monday to Friday and 0700 and 1300 Saturday and at no time on
Sundays, Bank or Public Holidays except for security and safety lighting activated
by sensors. No lighting for construction of the IWMF shall be illuminated outside
the hours of 0700 and 1900 Monday to Sunday and at no time on, Bank or Public
Holidays except for security and safety lighting activated by sensors. The lighting
shall be maintained such that no lighting shall exceed 5 lux maintained average
luminance.
Reason: In the interests of residential and local amenity and protection of the
environment and in the interest of protecting biodiversity and in the interests of
highway safety and to comply with WLP policy 10 and BDLP policies LPP52 and
LPP77.
44
No lighting for use during operation of the IWMF within the site shall be erected or
installed until details of the location, height, design, sensors, times and luminance
have been submitted to and approved in writing by the Waste Planning Authority.
The lighting details shall be such that no lighting shall exceed 5 lux maintained
average luminance. The lighting details shall be such that the lighting shall not be
illuminated outside the hours of 0700 and 1830 Monday to Friday and 0700 and
1300 Saturday and at no time on Sundays, Bank or Public Holidays except for
security and safety lighting activated by sensors. The details shall ensure the
lighting is designed to minimise the potential nuisance of light spillage from the
boundaries of the site. The lighting shall thereafter be erected, installed and
operated in accordance with the approved details.
Reason: In the interests of residential and local amenity and protection of the
environment and in the interest of protecting biodiversity, in the interests of
highway safety and to comply with WLP policy 10 and BDLP policies LPP52 and
LPP77.
45
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to phasing of the construction of the access road,
creation of the retaining structures around the site of the IWMF and extraction of
the minerals. The approved details include: the application for approval of details
reserved by condition dated 4 August 2015 as amended by Non Material
Amendment applications ref. ESS/34/15/BTE/NMA2 application dated 10
December 2022 and ESS/34/15/BTE/NMA5 dated 25 April 2023 and the following
drawings:
Drawing Ref
Title
Dated
IT569_PAA_12
Access Road construction phasing
Jul 2015
11780-0022-04
Proposed earthworks sequencing
Aug
2022
Reason: In the interests of residential and local amenity and protection of the
environment and in the interest of protecting biodiversity, in the interests of
highway safety and to comply with WLP policy 10 and BDLP policies SP7, LPP52
and LPP42, LPP63, LPP70.
46
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to soil handling, soil storage and machine
movements and the end use of soils as approved on 16 February 2016 under
condition 46 of planning permission ESS/55/14/BTE. The approved details
include: application for approval of details reserved by condition dated 4 August
2015 and the following documents:
• Condition 46 – Soil Handling by Honace
• Figure 5-1 Agricultural land classification – Rivenhall Airfield RCF dated 10
July 2006
• Figure 5-2 Soil types – Rivenhall Airfield RCF dated 10 July 2006
• Drawing no. 5-4 Agricultural Land Classification – Site A2 Bradwell Quarry
dated 11 May 2011
• Drawing 5-5 Soil types – Site A2 Bradwell Quarry dated 11 May 2011
Reason: To minimise structural damage and compaction of the soil and ensure
sustainable use of surplus soils and to aid in the restoration and planting of the
site and to comply with WLP policy 10.
47
Unless otherwise agreed in writing by the Waste Planning Authority, no topsoil,
subsoil and/or soil making material shall be stripped or handled unless it is in a
dry and friable condition
3
and no movement of soils shall take place:
During the months November to March (inclusive);
(a) When the upper 50 mm of soil has a moisture content which is equal to or
greater than that at which the soil becomes plastic, tested in accordance with the
‘Worm Test’ as set out in BS1377:1977, ‘British Standards Methods Test for Soils
for Civil Engineering Purposes’; or
(b)When there are pools of water on the soil surface.
3
The criteria for determining whether soils are dry and friable involves an
assessment based on the soil’s wetness and lower plastic limit. This assessment
shall be made by attempting to roll a ball of soil into a thread on the surface of a
clean glazed tile using light pressure from the flat of the hand. If a thread of 15cm
in length and less than 3mm in diameter can be formed, soil moving should not
take place until the soil has dried out. If the soil crumbles before a thread of the
aforementioned dimensions can be made, then the soil is dry enough to be
moved.
Reason: To minimise structural damage and compaction of the soil and to aid in
the restoration and planting of the site and to comply with WLP policies 10.
48
No minerals processing other than dry screening of excavated sand and gravel or
in the reformation of levels using Boulder or London Clays shall take place within
the site.
Reason: To ensure that there are no adverse impacts on local amenity from the
development not previously assessed in the planning application and
Environmental Statement and to comply with, WLP policy 10 and BDLP LPP52
and LPP70.
49
Any fuel, lubricant or/and chemical storage vessel whether temporary or not shall
be placed or installed within an impermeable container with a sealed sump and
capable of holding at least 110% of the vessel’s capacity. All fill, draw and
overflow pipes shall be properly housed within the bunded area to avoid spillage.
The storage vessel, impermeable container and pipes shall be maintained for the
duration of the development.
Reason: To minimise the risk of pollution to water courses and aquifers and to
comply WLP policy 10 and BDLP policy LPP70.
50
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to temporary and permanent site perimeter fencing.
The approved details include: the application for approval of details reserved by
condition dated 4 August 2015 and as by Non Material Amendment application
ref. ESS/34/15/BTE/NMA4 dated 3 January 2023 and the following documents
and drawings:
Drawing Ref
Title
Dated
CCE-HZI-500430049
Rev 0.3
Construction site layout
17/12/2015
732.1/08A HDA D1
Rabbit proof fence detail
Jun 2015
732.1/10A HDA D3
Tree protection fencing – BS
5837:2012
Jul 2015
222009-DC-XX-XX-
GA-C-1602 P03
Site Wide – Fencing Details
Sept 2022
SHA 1359
Arboricultural Method Statement
Report by Sharon Hosegood
Associates
Jan 2023
The fencing and gates shall be erected in accordance with the details approved
and maintained throughout the life of the IWMF.
Reason: In the interest of visual amenity, to protect the countryside and to comply
with WLP policy 10 and BDLP SP7, LPP52, LPP63, LPP65, LPP67.
51
(a) The development hereby permitted shall be implemented in accordance with
the details submitted with respect to a scheme and programme of measures for
the suppression of dust as approved on 16 February 2016 under condition 51a of
planning permission ESS/55/14/BTE. The approved details include: application
for approval of details reserved by condition dated 4 August 2015 and the
following documents:
• Condition 51a – Dust minimisation scheme by Honace; and
• Construction dust – HSE Information Sheet no. 36 (revision 2).
(b) No beneficial operation of the IWMF shall commence until a scheme and
programme of measures for the suppression of dust, have been submitted to and
approved in writing by the Waste Planning Authority. The scheme shall include:
(i) The suppression of dust caused by handling, storage and processing of
waste; and
(ii) Dust suppression on haul roads, including speed limits.
In relation each scheme provision for monitoring and review.
The development shall be implemented in accordance with the approved
schemes and programme for the duration of the development hereby permitted.
Reason: To reduce the impacts of dust disturbance from the site on the local
environment and to comply with WLP policy 10 and BDLP policies LPP66 and
LPP70.
52
(a) The development hereby permitted shall be implemented in accordance with
the details submitted with respect to measures to control fugitive odour from the
excavation of materials and construction of the IWMF as approved on 16
February 2016 under condition 52a of planning permission ESS/55/14/BTE. The
approved details include: application for approval of details reserved by condition
dated 4 August 2015 and the following document “Condition 52a – Odour
minimisation scheme by Honace”
(b) No beneficial operation of the IWMF shall commence until details of equipment
required to control any fugitive odour from the handling/storage/processing of
waste have been submitted to and approved in writing by the Waste Planning
Authority. The details shall be implemented as approved.
Reason: In the interests of local amenity and to comply with WLP policy 10 and
BDLP policies LPP52 and LPP70.
53
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the ecological information and mitigation. The
approved ecological information and mitigation includes the following:
Ecological information approved on 27 July 2011 in accordance with condition 53
of planning permission Ref. APP/Z1585/V/09/2104804 (ECC ref ESS/37/08/BTE).
The details approved included letter dated 19 May 2011 from Golder Associates
with accompanying application form and Ecology report dated October 2010.
The application for approval of details reserved by condition dated 4 August 2015
and the information contained within the Ecological report by Green
Environmental Consultants dated July 2015 and Appendix 7-1 Baseline ecology
report August 2008.
Ecological mitigation shall be carried out in accordance with the approved details
throughout the life of the IWMF.
Reason: To make appropriate provision for conserving and enhancing the natural
environment, in the interests of biodiversity and in accordance, WLP policy 10 and
BDLP policies LPP64, LPP63, LPP65, LPP66 and LPP67.
54
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the habitat management plan. The approved
details include: the application for approval of details reserved by condition dated
4 August 2015 and the “Habitat Management Plan – revised July 2015 – report
number 499/10” by Green Environmental Consultants and appendices A to E.
The development shall be implemented in accordance with the approved habitat
management plan throughout the life of the IWMF.
Reason: To make appropriate provision for conserving and enhancing the natural
environment, in the interests of biodiversity and in accordance with, WLP policy
10 and BDLP policies LPP63, LPP64 , LPP65 and LPP66 and LPP67.
55
No demolition, excavation works or removal of hedgerows or trees shall be
undertaken on the site during the bird nesting season [1 March to 30 September
inclusive] except where a suitably qualified ecological consultant has confirmed
that such construction etc. should not affect any nesting birds. Details of such
written confirmations shall be sent to the Waste Planning Authority 14 days prior
to commencement of the works.
Reason: To make appropriate provision for conserving and enhancing the natural
environment, in the interests of biodiversity and in accordance with WLP policy 10
and BDLP policies LPP63, LPP64 , LPP65 and LPP66 and LPP67.
56
Only one stack shall be erected on the site to service all elements of the IWMF.
The height of the stack shall not exceed 85m Above Ordnance Datum.
Reason: In the interest of visual amenity, to protect the countryside and to comply
with WLP policy 10 and BDLP policies SP7, LPP47, LPP52, and LPP66 and
LPP67.
57
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to bunding and planting. The approved details
include: the application for approval of details reserved by condition dated 4
August 2015 as amended by Non-Material Amendment applications ref.
ESS/34/15/BTE/NMA2 application dated 10 December 2022 and
ESS/34/15/BTE/NMA5 application dated 25 April 2023 and the following
drawings:
Drawing Ref
Title
Dated
732.1_07B HDA
SA1
Soft landscape proposals site access
Jun 2015
732.1_02G HDA
SL1
Soft landscape proposals sheet 1 of 5
18/12/15
732.1_03G HDA
SL2
Soft landscape proposals sheet 2 of 5
18/12/15
903.2/04E HDA
SL3
Soft landscape proposals sheet 3 of 5
April 2023
903.2/05E HDA
SL4
Soft landscape proposals sheet 4 of 5
April 2023
903.2/06D HDA
SL5
Soft landscape proposals sheet 5 of 5
April 2023
732.1_09 HDA
D2
Standard tree pit detail
Jun 2015
In respect of area W2-A only
4321/PO2
Outline Planting W2-A
01/11/21
IWMF W2-A Outline Landscape
specification
02/11/21
Reason: To comply with section 197 of the Town and Country Planning Act 1990
(as amended), to improve the appearance of the site in the interest of visual
amenity, to protect the countryside and to comply with WLP policy 10 and BDLP
policies SP7, LPP47, LPP52, LPP63, LPP66 and LPP67..
58
Any tree or shrub forming part of the retained existing vegetation or the planting
scheme approved in connection with the development that dies, is damaged,
diseased or removed within the duration of 5 years during and after the
completion of construction of the IWMF, shall be replaced during the next
available planting season (October-March inclusive) with a tree or shrub to be
agreed in advance in writing by the Waste Planning Authority.
Reason: To comply with section 197 of the Town and Country Planning Act 1990
(as amended), to improve the appearance of the site in the interest of visual
amenity, to protect the countryside and to comply with WLP policy 10 and BDLP
policies SP7, LPP52, LPP63 and LPP66 and LPP67.
59
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to tree retention and protection measures. The
approved details include: the application for approval of details reserved by
condition dated 4 August 2015 and as amended by Non Material Amendment
application ref. ESS/34/15/BTE/NMA5 application dated 25 April 2023 and the
following drawings:
Drawing Ref
Title
Dated
732.1_07B HDA SA1
Soft landscape proposals site access
Jun 2015
732.1_02G HDA SL1
Soft landscape proposals sheet 1 of 5
18/12/15
732.1_03G HDA SL2
Soft landscape proposals sheet 2 of 5
18/12/15
903.2/04E HDA SL3
Soft landscape proposals sheet 3 of 5
April
2023
903.2/05E HDA SL4
Soft landscape proposals sheet 4 of 5
April
2023
903.2/06D HDA SL5
Soft landscape proposals sheet 5 of 5
April
2023
732.1_10A HDA D3
Tree protection fencing
Jul 2015
732.1_08A HDA D3
Rabbit proof fence detail
Jun 2015
The tree protection measures shall be implemented at the time of planting and
maintained throughout the life of the IWMF.
Reason: In the interest of visual amenity, to ensure protection for the existing
natural environment, including adjacent TPO woodland and to comply with WLP
policy 10 and BDLP policies SP7, LPP52, LPP63, LPP64, LPP65, LPP66 and
LPP67.
60
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to management and watering of trees adjacent to
the retaining wall surrounding the IWMF. The approved details include: the
application for approval of details reserved by condition dated 4 August 2015 and
the statement by HDA entitled “Rivenhall Integrated Waste Management Facility –
Condition 60” dated 8 June 2015. The management and watering shall be carried
out in accordance with the approved details throughout the life of the IWMF.
Reason: In the interest of visual amenity, to ensure protection for the existing
natural environment, including adjacent TPO woodland and to comply with, WLP
policy 10 and BDLP policies SP7, LPP52, LPP63, LPP64, LPP65 and LPP66 and
LPP67.
61
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the layout of parking area including hard and soft
landscaping and lighting adjacent to Woodhouse Farm. The approved details
include: the application for approval of details reserved by condition dated 4
August 2015, the Statement by Honace entitled “Condition 61 Woodhouse Farm
Parking & Lighting” and the followings drawings:
Drawing ref
Title
Dated
IT569/CP/01 Rev B
Woodhouse car park layout and typical
details
21/07/15
732.1_05G HDA
SL4
Soft landscape proposals sheet 4 of 5
18/12/15
DW40019H001
Rev p1
Proposed lighting layout
22/07/15
The parking, lighting and landscaping shall be maintained in accordance with the
details approved throughout the life of the IWMF.
Reason: To protect the setting of the Listed Buildings and in the interest of visual
amenity and to comply with WLP policy 10 and BDLP policies SP7, LPP52 and
LPP77.
62
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to traffic calming measures designed to reduce the
speed of traffic using the access road in the vicinity of the River Blackwater. The
approved details include: the application for approval of details reserved by
condition dated 4 August 2015 and the following drawings:
Drawing Ref
Title
Dated
IT569_S278_01G
Footpath crossing typical detail
12/11/15
IT569_S278_02C
Vole and otter crossing
24/07/2015
SignPlot v3.10
“Vole and otter crossing” sign
The traffic calming measures shall be maintained throughout the life of the IWMF
in accordance with the approved details.
Reason: To make appropriate provision for conserving and enhancing the natural
environment within the approved development, in the interests of biodiversity and
in accordance with WLP policy 10 and BDP policies LPP63 and LPP66.
63
The development hereby permitted shall be implemented in accordance with the
details submitted with respect to the lining and signing of the crossing points of
the access road with Church Road and Ash Lane. . The approved details include:
the application for approval of details reserved by condition dated 4 August 2015
and the following drawings:
Drawing ref
Title
Dated
IT569/S278/03 C
Proposed improvements to site access
road junction with Church Road
June 2015
IT569/S278/04 C
Proposed improvements to site access
road junction with Ash Lane
June 2015
SignPlot v3.10
“Heavy Plant crossing” sign
SignPlot v3.10
“Stop” sign
SignPlot v3.10
Priority sign
The lining and signing shall be maintained in accordance with the approved
details throughout the life of the IWMF.
Reason: In the interests of highway safety, safeguarding local amenity and to
comply with WLP policy 10 and BDLP policies LPP52, LPP42, LPP70.
64
Intentionally blank
NB Condition fully discharged see application ESS/55/14/BTE/64/1 as amended
by ESS/34/15/BTE/NMA1.
65
There shall be no use of the access road from the A120 to the IWMF except by
traffic associated with the IWMF, Bradwell Quarry or to access agricultural land for
agricultural purposes.
Reason: In the interests of highway safety, as traffic movements above those
associated with the IWMF, Bradwell Quarry and existing agricultural movements
would need to be considered afresh and to comply with , WLP policy 10 and
BDLP polices SP7, LPP42 and LPP52.
66
Intentionally blank
NB condition removed following planning permission reference ESS/39/23/BTE.
67
Intentionally blank
NB Condition fully discharged see application reference ESS/34/15/BTE/67/01.
68
Woodhouse Farm and buildings shall be refurbished to a visitor and education
centre no later than 1 March 2022.
Reason: To ensure the timely refurbishment of the Listed Buildings and their
being brought into beneficial in order to protect these heritage assets and to
comply with WLP policy 10 and BDLP policy SP7 and LPP57 and the NPPF.
69
Following the approval of details required by condition 19 and prior to the
installation of process equipment and plant, an updated noise assessment shall
be undertaken and submitted to the Waste Planning Authority for approval to
demonstrate that the maximum noise levels set out in condition 38 would not be
exceeded. Installation of process equipment and plant for the IWMF shall not
commence until the updated noise assessment has been approved by the Waste
Planning Authority.
Reason: In the interests of residential and local amenity and to comply with WLP
policy 10 and BDLP policies LL52 and LPP70.
Informative: This planning permission shall be read and construed in conjunction
with the Legal Agreement dated 20 October 2009, as amended by deeds of
variation dated 1 December 2014, 26 March 2015, 26 February 2016 and [date to
be confirmed].
