Agenda item

Construction and operation of a 7.5mw gas peaking generation plant, to include an electrical substation, gas kiosk, gas engines, access, CCTV, lighting and associated works (Resubmission of 20/10440/FUL)

 

Public Participation:

 

·       Alan Siviter – Planning Agent – spoke in support of the application

 

David Cox, Senior Planning Officer introduced the report which recommended that planning permission be approved, subject to conditions and informatives,   as detailed in the report, for the construction and operation of a 7.5mw gas peaking generation plant, to include an electrical substation, gas kiosk, gas engines, access, CCTV, lighting and associated works (Resubmission of 20/10440/FUL considered by the Committee on 9 March 2022). The Committee also welcomed Brett Warren – Senior Environmental Health Officer who commented on air quality issues.

 

The officer advised that the key issues for the Committee to consider included the Principle of Development, supporting energy supply and impact on climate change/carbon neutrality, environmental impacts (especially air quality), neighbouring impacts, highway impacts, impact upon the setting of a local heritage asset, flood risk and ecology impacts.

 

The officer referred to a legal opinion from Christopher Boyle QC, which was published on the Council’s website in Supplement 1. The officer also acknowledged that the burning of gas to fuel this proposed power plant facility would increase the level of air pollution relatively close to an area that has recorded exceedances of the national objective for nitrogen dioxide (NO2). However, following lengthy negotiations with the applicant and their appointed consultants, and direct engagement with colleagues within the Council’s Public Protection team, planning officers are satisfied with a combination of planning conditions and a planning obligation to secure a developer contribution, mitigation measures would substantively reduce the environmental effects pursuant to noise and air pollution – to enable the application to be compliant with the adopted Wiltshire Core Strategy Core Policies 55 and 57 and with the National Policy Statement for England and the National Planning Policy Framework.

In addition, officers also fully acknowledge that whilst there is a long-term ambition to reduce reliance on fossil fuels and reach a position of carbon neutrality by 2050, the use of fossil fuels in the energy mix remains an essential and viable option to meet peak electricity demand. The use of fossil fuel for power generation is supported by the Government and recent appeals evidence that gas-fired power generation facilities form part of the energy supply mix. They are not obsolete, and in this particular case, the proposal is not considered contrary to national or local planning policy, and consequently, officers recommend that members endorse the recommendation to approve the application subject to conditions and informatives.

 

In response to technical questions asked by the Committee, along with Cllr Matthew Dean, local member, the officer indicated that it was not known whether a local air management quality area existed for a similar application in East Devon that was granted on appeal by the appointed planning inspector; the blend of 20% hydrogen into the natural gas distribution networks was not appropriate for this application; the calculation for a required financial contribution should read 0.026 / 1.2; the Council’s Carbon Team had been consulted on the application and they did not raise any objections, air quality issues in the vicinity of the application site would be monitored with diffusion tubes and levels analysed; it was confirmed that the application should be considered as a new application and decisions made accordingly. Any refusal would warrant the employment of an expert to defend a refusal at appeal. Officers also confirmed that the improvements to technology allowed for a 30% reduction in combustion flow out of the flue;

 

Members of the public then had the opportunity to present their views, as detailed above.

 

The unitary division member, Cllr Matthew Dean spoke in objection to the application. Cllr Dean commented on the application site being on the boundary of his division and the division of Cllr Wickham; the poor air quality levels in Westbury and the impact of the current transport infrastructure; the high mortality rate in Westbury from cardio vascular disease and cancer; the ineffective air management zones and air quality management; the expectation of residents that air quality would improve; he was unconvinced by the comments by Public Protection; the expected costs of traffic optimisation measure may not be available due to backlogs; the obligation on the Committee to refuse the application on the same grounds as the previous application; felt that this was the wrong application in the wrong place.

 

So that the Committee had something to debate Cllr Suzanne Wickham proposed a motion to refuse the application, with reasons in relation to the cumulative impact on air quality in Westbury. This was seconded by Cllr Mike Sankey.

 

A debate followed where Members commented on the cumulative impact of cars driving through Westbury; concern about defending a refusal at appeal.

 

The motion to refuse the application was lost one vote for the refusal, six against the refusal and two abstaining.  A further motion to grant the application with conditions and informatives as set out in the report was proposed by Cllr Trevor Carbin. This was seconded by Cllr Andrew Davies.

 

At the conclusion of the debate, it was

 

Resolved:

 

That the committee delegates authority to the Head of Development Management to grant planning permission subject to the planning conditions and informatives listed below following the completion of a s106 legal agreement to secure a £15,120.00 developer contribution towards the cost of air quality mitigation.

 

Planning Conditions:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

 

2.    The development hereby approved shall be for a temporary period of 25 five years, which shall begin when any part of the gas peaking generation plant is first operated. Prior to the end of the temporary period all the buildings, structures and plant forming the development shall be removed, and the land restored to its former condition within 6 months, in accordance with a scheme of work that shall first have been submitted to and approved in writing by the local planning authority.

 

If the site ceases to be used for electricity generation within the 25-year temporary period, all the buildings, structures and plant hereby permitted shall be removed, and the land restored to its former condition within 6 months of its last use, in accordance with a scheme of work that shall first have been submitted to and approved in writing by the local planning authority.

 

REASON: In the interests of the visual amenities of the area.

 

3.    The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Covering letter, Planning Statement, Site Location Plan, Existing Site Plan, Proposed Site Plan, CCTV

Elevation Plan, Gate and Fence Elevation Plan, Gas Kiosk Plan, Electrical Sub-Station plan, Oil Tank Plan and Elevations,

Proposed Access Junction Layout Plan, Gas Engine Elevation with Stack Plan,

Transformer Details, Gas Engine Plan and Isometric View, Electrical Substation Elevation Plans, Swept Path Analysis Plan;

 

Air Quality Assessment, Noise Assessment (dated November 2020), Tetra Tech 784-A118713 Statement dated 12 May 2021, J420 SuSi Container Concept Review;

 

Ecological Assessment (dated 13 November 2020), Bio-diversity Enhancement Strategy (with updated bat and bird box site plan) – dated 20 October 2021;Construction Management Plan and Heritage Assessment - All received 20 May 2022

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

4.    Prior to first operation the noise mitigation as set out in the report produced by Tetra Tech dated 12 May 2021 (Ref 784-A118713) and accompanying document titled J420 SuSi Container Concept Review shall be implemented in full so as to reduce the specific noise from the generators to be no more than 55 dBA measured at 10m distance as measured by a sound level meter in accordance with measurement method BS EN ISO 3744: 2010. In addition, the stated noise mitigation shall be maintained as such in perpetuity (or for the lifetime of the use of the generators, and that any replacement generators have the same silencers applied and be subject to the same noise mitigation).

 

REASON: In the interests of protecting neighbouring uses and amenity from potentially adverse levels of noise

 

5.    The development hereby approved shall not commence until additional information to support the Construction Traffic Management Plan has been submitted to the Council and obtained its written approval pursuant to the following:

 

a. A site plan detailing the parking of vehicles of site construction contractors, site operatives and visitors;

b. Loading and unloading of plant and materials;

c. Storage of plant and materials used in constructing the development;

d. Full details of wheel washing facilities;

e. Full details of Measures to control the emission of dust and dirt during construction;

f. Submission of pre-condition photographic surveys of the adjacent highway;

g. The applicant should contact the Wiltshire Council Area Highway office to agree and arrange a scheme of no waiting cones to be placed on the Public Highway in relation to 18m HGV low loader / crane deliveries, in accordance with the swept path analysis (appendix 1).

 

Thereafter, the agreed details and the Construction Traffic Management Plan dated November 2020 shall be adhered to throughout the construction period.

 

Within 1 month of the development being brought into first use, post-condition photographic surveys of the adjacent highway shall be submitted to, and approved in writing by the local planning authority.

 

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway safety, during the construction phase.

 

NOTE: Pursuant to requirement f) listed above, the applicant should note that the Highway Authority will pursue rectification of any defects identified by the highway condition survey which can be attributed to the site construction traffic under the provision of S59 of the Highways Act.

 

6.    No part of the development hereby permitted shall be first brought into use until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans.

 

REASON: In the interests of highway safety

 

7.    No part of the development shall be first brought into use, until the visibility splays as shown on the approved proposed access junction layout plan (providing 2.4m x 43m visibility) have been provided with no obstruction to the visibility at or above a height of 0.6m above the nearside carriageway level. Thereafter, the visibility splays shall be maintained free of obstruction at all times.

 

REASON: In the interests of highway safety.

 

8.    Prior to the development hereby permitted first being brought into use, provision shall be made within the site for the disposal of surface water so as to prevent any surface water discharge onto the public highway.

 

REASON: In the interests of Highway safety

 

9.    The development hereby permitted shall not be first brought into use until the proposed fencing to fully enclose the site has been erected on site and shall be maintained as such in perpetuity.

 

REASON: In the interests of site security and safety.

 

10.The development shall be carried out in strict accordance with the Ecological Assessment Report (produced by Avian Ecology, dated 13 November 2020)

 

REASON: For the avoidance of doubt and for the protection, mitigation and enhancement of biodiversity.

 

11.No external lighting shall be installed on site until full details of the new lighting, including specification and application and lux levels have been submitted to and approved by the Local Planning Authority in writing. Any such submission should be informed by the ecological conditions and how any proposed lighting would impact bat species and habitat.

 

REASON: To safeguard bats and their habitat.

 

12.The development hereby permitted shall not be first brought into use, until the bat and bird boxes as detailed within the Biodiversity Enhancement Strategy and as shown within ‘Figure 1 bird and bat box locations plan’, have been installed on site and thereafter, are retained and maintained for the entirety of the 25-year temporary permission as set out within condition 2.

 

REASON: In the interests of providing biodiversity betterment and supporting bat and bird habitat.

 

13.The site shall not be used for the generation of electricity for more than 3,000 hours in any 12-month period. The operator shall maintain a record for all the hours of using the onsite facility and generator runtimes, and the operator shall make this available to the local planning authority upon request.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

14.No more than 5 generators, each with a maximum specification of up to 1.5MW engines, shall be installed and operated with the site facility.

 

REASON: To define the terms of the development Planning

 

Informatives:

 

1. The application involves creation of a new vehicle access. The consent hereby granted shall not be construed as authority to carry out works on the highway. The applicant is advised that a licence will be required from Wiltshire’s Highway Authority before any works are carried out on any footway, footpath, carriageway, verge or other land forming part of the highway. Please contact our Vehicle Crossing Team on vehicleaccess@wiltshire.gov.uk and/or 01225 713352 or visit their website at http://wiltshire.gov.uk/highways-streets to make an application.

 

2. The applicant should contact the Wiltshire Council Area Highway office (central) (01225 712810) / centralhighways@wiltshire.gov.uk to arrange a scheme of ‘no waiting’ cones to be placed on the Public Highway in relation to 18m HGV / crane deliveries, in accordance with the swept path analysis (appendix 1).