Appendix 8

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 5th April 2017

APPLICATION No: LA11/2016/0697/F

APPLICATION TYPE: Full

PROPOSAL: External storage of RDF bales and 4 no. storage bays for glass, wood and construction and demolition waste.

LOCATION: Land 30m North East of no 19 Maydown Road, Maydown

APPLICANT: River Ridge Recycling Ltd

AGENT: Michael Burroughs Associates

ADVERTISEMENT: 05.09.2016

STATUTORY EXPIRY: 21.09.2016

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: This application has been referred to the Planning Committee by the Head of Planning and Chair of the Planning Committee given that this application relates to land/application site to which this Council has an interest.

All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

This proposal is for the external storage of Refused Derived Fuel (RDF) bales within the existing, Enviroparc at Maydown. The proposal also involves the creation of 4 no uncovered storage bays of a total length of 34m and a height of 3m. The bays are for the storage of construction and demolition material, glass and wood.

Refuse Derived Fuel (RDF) is produced from combustible components of municipal solid waste (MSW). The waste is shredded, dried and baled and then burned to produce electricity, thereby making good use of waste that otherwise might have ended up in landfill.

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2. EIA Determination

This application has been screened and the development is within a category listed within Schedule 2 part 11 (b) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015. It was determined (under regulation 10 of the above) on 28th October 2016 that the application did not require an Environmental Statement.

3. Site and Surrounding Area

The application site is a 0.97ha section of the larger River Ridge Recycling Plant. The proposed structure will have a floor space of approximately 40 square metres. The site is located to the north of 19 Maydown Road, Derry. There is an existing waste management facility in operation adjacent on the site which currently houses an End of Life Vehicle facility (recently constructed but not operational) and a waste transfer and recycling facility which is operational. The boundaries of the site are defined by a security fence and lockable access gates. The site is accessed via the existing River Ridge entrance which is a slip road off Electra Road.

View towards site: showing Building A and Building B which has been destroyed and River Ridge site access point from Maydown Road. The siting of building B can provide a broad indication of the proposed siting of the bale stacks.

The site is surrounded by numerous industrial and commercial properties as well as some residential properties, one of which is located within a small farm complex. There are also residential estates located within the settlements of Strathfoyle and Maydown nearby.

BUILDING ABUILDING B DESTR

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Site location: Showing position of development within wider enviroparc

4. Site Constraints

Gas Pipeline

As the nature of this proposal does not involve breaking of ground it is considered that there are no issues with regard to effects on the pipeline.

5. Neighbour Notification Report

Neighbour Address Date Neighbour Notified19 Maydown Road Coolkeeragh Londonderry Londonderry BT47 6UJ

2/16/17

20 Maydown Road Coolkeeragh Londonderry Londonderry BT47 6UJ

2/16/17

21 Maydown Road Coolkeeragh LONDONDERRY Co. Londonderry BT47 6UJ

2/16/17

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23 Maydown Road Coolkeeragh Londonderry Londonderry BT47 6UJ

2/16/17

24 Maydown Road Coolkeeragh Londonderry Londonderry BT47 6UJ

2/16/17

8-10 Haw Road Coolkeeragh Lisahally Industrial Estate Londonderry Londonderry BT47 6XT

2/16/17

6. Recent Relevant Site History

The previous relevant planning history for the site includes:

Reference Number

Proposal Decision Date

LA11/2015/0054/F Temporary change of use of building approved for waste storage under A/2004/0978/F to be used as a materials recycling facility (MRF) with associated storage (2 years)

Permission Granted

8th June 2016

A/2009/0211/F Construction and operation of a new gasification facility for the treatment of refuse derived fuel (RDF) produced within the established Enviroparc.

Permission Granted

15.09.2011

A/2007/1115/F Proposed in vessel compost facility to process kitchen & organic waste & a bio drying plant for municipal and bio degradeable waste.

Permission Granted

13.01.2011

A/2007/0619/F Site for ferrous and non-ferrous metal recycling facility (to include shredding, bailing, crushing processes) and an authorised treatment facility for end-of-life vehicles (ELV) with external storage and car park for 17 spaces

Permission Granted

27.08.2008

A/2004/0978/F Waste management facility incorporating buildings and ancillary facilities for the transfer

Permission 19.01.2007

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and recycling of waste materials. Granted

7. Policy Framework

Regional Development Strategy for Northern Ireland 2035 (RDS)

Derry Area Plan 2011

Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning for Sustainable Development

Planning Policy Statement 3 (PPS 3): Access, Movement and Parking

Planning Policy Statement 4 (PPS 4): Planning and Economic Development

Planning Policy Statement 11 (PPS 11): Planning and Waste Management

8. Consultee Responses

Northern Ireland Environment Agency (NIEA):

Land Soil and Air: have advised that the potential impacts of this proposal are odour, pest and leachate runoff. NIEA Waste Management is content that these can be controlled through the waste management licence.

Drainage and water: Water Management Unit are of the opinion that, based on the information presented, impacts on the water environment generated by this proposal are unlikely to be significant, subject to best practice and appropriate mitigation being applied throughout the duration of the proposal.

TransportNI: This consultee has no objection to this proposal.

Shared Environmental Services: SES advised that having considered the nature, scale, timing, duration and location of the project it is concluded that further assessment is not required because it would not have a likely significant effect on the selection features, conservation objectives or status of any European site. The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site.

Environmental Health Service (EHS) Derry City and Strabane District Council: EHS have considered amenity issues such as odour, noise and pest control. These have been considered in relation to the reports submitted with the proposal. EHS are content that the proposal can be approved subject to mitigating conditions outlined below.

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Loughs Agency: No objection to the proposal.

9. Representations

One letter of representation has been received. This letter is from a named individual at an unspecified address however, the objector does advise that he lives adjacent to this proposal. The matters raised relate to noise, odour and vermin. The objector has also stated that traffic noise outside of the conditioned hours of operation for the proposal is causing disturbance to his sleep.

Consideration of objection

As detailed throughout the report, various measures will be put in place to mitigate against the risk of flies and rodents and the waste management within this facility is subject to licencing by NIEA. The external storage of RDF material and the external storage bays have the potential to impact amenity by way of noise and smell. The submitted reports by the agent demonstrate that the impacts in relation noise and odour will not cause significant demonstrable harm to the adjacent residential properties. Similarly one must consider the potential impacts, which were deemed acceptable, if the facility was operating at the approved capacity.

10. Planning Assessment, including Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise.

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland (SPPS), PPS 3: Access, Movement and Parking, PPS 4: Planning and Economic Development and PPS 11: Planning and Waste Management ,

The Regional Development Strategy or Northern Ireland 2035 (RDS)

The RDS provides the overarching framework for planning policy and development across the Region. Chapter 12 of the RDS seeks to increase the amount of waste material that is recycled rather than dumped.

Furthermore, SPG ENV 5.2 will “promote the Waste Management Strategy for Northern Ireland” and to “work in partnership with industry to create an economy based on sustainable waste management practices, supporting and influencing opportunities for reducing the amount of waste generated”. The proposal is intended to relieve the temporary upheaval in considering the difficulties which the wider waste use has encountered on the site, such as change of ownership and the large scale fire. The wider waste use is in line with the strategic objective of the RDS.

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North West Region Waste Management Group (NWRWMG) Waste Management Plan: This plan sets out how NWRWMG proposes to deal with waste for the period 2006 to 2020. The plan sets out the range of facilities needed to deliver the strategic targets and criteria for locating these. The plan sets out indicative locations for additional waste infrastructure within the region. Derry is identified in the plan as a possible location and MRF is identified as a suitable technology for the disposal of wastes produced in the NWRWMG region. The storage of the RDF bales externally and the creation of external storage bays for additional materials is intended to facilitate efficient functioning of the wider waste use.

Towards Resource Management: The Northern Ireland Waste Management Strategy 2006 – 2020: The NI Waste Management Strategy in assessing the infrastructure requirements for Northern Ireland notes that a range of proven technologies and new technologies are available to reduce the amount of waste sent to landfill including Materials Recovery. The storage and removal of the RDF which is essentially one of the end products of the MRF contributes to the EU landfill Directive.

Strategic Planning Policy Statement (SPPS) for NI - Planning for Sustainable Development

This is a material consideration and directly supersedes PPS 1 General Principles. This new policy statement is the context by which planning applications will be assessed and determined.

Para.2.3 - states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest.

Para 5.72 relates to the refusal of planning permission. Sustainable development should be permitted having regard to the local development plan and all other material considerations unless the proposal will cause demonstrable harm to interests of acknowledged importance.

Para 6.313 states that sites and proposals for waste collection and treatment facilities must meet one or more of the following locational criteria:

it is located within an industrial or port area of a character appropriate to the development;

it is suitably located within an active or worked out hard rock quarry or on the site of an existing or former waste management facilities including a land fill site;

it brings previously developed, derelict or contaminated land back into productive use or where existing or redundant buildings can be utilised;

in the case of civic amenity facilities, the site is conveniently located in terms of access to service a neighbourhood or settlement whilst avoiding unacceptable adverse impact on the character, environmental quality and amenities of the local area; or

it is suitably located in the countryside, it involves the reuse of existing buildings or is on land within or adjacent to existing building groups. Alternatively where it is demonstrated that new buildings/plant are needed these must have an acceptable visual and environmental impact.

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Para 6.316 highlights that there is a presumption in favour of waste collection and treatment facilities, and waste disposal (land filling and land raising) will apply where a need for such development is identified through the Waste Management Strategy and the relevant Waste Management Plan.

Para 6.81 states that the planning system has a key role in achieving a vibrant economy. In this regard, the aim of this SPPS is to facilitate the economic development needs of Northern Ireland in ways consistent with the protection of the environment and the principles of sustainable development.

Planning Policy Statement 11 (PPS 11) Planning and Waste Management

Policy WM 1 Environmental Impact of a Waste management Facility: This states that proposals for the development of a waste management facility will be subject to a thorough examination of environmental effects and will only be permitted where it can be demonstrated that all of the criteria are met.

The site is an established waste use and therefore the principle of waste development at this site is well established. The development proposed is ancillary to the main waste use and activity, therefore there is no conflict of uses.

Planning Policy Statement 3 (PPS 3) Access, Movement and Parking

Policy AMP2 – Access to Public Roads: This policy states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where:

1. such access will not prejudice road safety or significantly inconvenience the flow of traffic; and

2. the proposal does not conflict with Policy AMP 3 Access to Protected Routes.

Consideration

This proposal is for the external storage of RDF bales and the erection of 4 no. storage bays for glass, wood and construction and demolition waste.

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Overhead view: showing previous built form on site.

The level of RDF storage proposed is considerably less than the 2007 consent capacity constituting less than c. 32,000 tonnes per annum (because some will continue to be stored in Building A) against an approved 120,000 tonnes per annum. Equally the 4no. storage bays will only accommodate about c. 12,000 tonnes per annum of wastes compared with the 30,000 tonnes per annum C&D wastes approved under the 2007 consent. Therefore, no additional tonnage is applied for at the site and again the ancillary nature of the use is emphasised.

Building destroyed by fire – now demonstrates approximate location of RDF bale storage.

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Plan view: demonstrating actual location of RDF bales.

Policy WM 1 of PPS 11 states that proposals for the development of a waste management facility will be subject to a thorough examination of environmental effects and will only be permitted where it can be demonstrated that a number of criteria are met.

As described, this proposal will involve the storage of Refuse Derived Fuel bales along with the creation of storage bays for glass, wood and construction and demolition waste. The specific amount of waste to be processed by the existing facility remains unchanged. The applicant has confirmed that whilst 150,000 tonnes per year has been approved for treatment at this facility, it is estimated that around 32,000 tonnes per year will be treated during the interim period whilst processing of waste materials is allowed within Building A.

The MRF is required to operate in accordance with conditions outlined in the Waste Management Licence which has been granted by NIEA. It is therefore considered that the environmental impact from the ancillary storage of waste materials would be acceptable and reflects the use of Best Available Techniques.

There is no change to the types of waste permitted previously. The waste codes remain as previously approved.

Location of Storage Bays

Location of bale stacks

Location of bale stacks

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With regard to air pollution, dust and pests measures will remain unaltered for the MRF. These arrangements have been previously approved and are also subject to the waste management license. Storage of RDF material will be temporary and limited to that wrapped and baled within the confines of the proposed areas at a height of no greater than 5m, width of 4m and length of 20m.

Fly and vermin control programmes will be implemented on site. It is considered that the temporary nature of the storage is acceptable as the potential impacts can be mitigated effectively.

Elevational detail of bales

In terms of water, the RDF bales are to be stored on an impermeable surface and wrapped, as such there will be no lecheate from the proposed storage area. There is a wider drainage and lecheate control system throughout the site. It is therefore considered that the proposed mitigation measures alongside the reduction in levels of waste to be treated means that there will be no demonstrable harm to human health in this regard.

The predominant land use of the surrounding area is industrial. Given the industrial nature of this area and the existence use of the facility, it is considered that the proposal is compatible at this location as reflected through previous planning approval on this site.

This proposal is well screened by the existing building on site and in terms of visual amenity is deemed acceptable. The existing access to the site will be used, and there is no expected increase in traffic or no modifications required to the existing road network. Transportni have no objections. It can therefore be assumed that there will be no adverse impact on the safety and convenience of road users. Also, given that there will be no increase in vehicles there is no need for additional parking/service arrangements within the site. There is no other method, other than lorries to transport the product to and from the site. Rail and water are not an option.

No areas or sites of archaeological/built heritage interest have been identified within proximity of this site. Also, given the nature of the proposal there would be no impacts on any of these areas.

The types of wastes to be treated remain the same as that previously approved, and the proposed method remains the same. The regulators of this facility are required through its own licensing/permitting to ensure that all environmental issues will be addressed. As detailed above. It is considered that proposed waste materials will not pose any environmental risks to air, water or soil resources that cannot be prevented or appropriately controlled by mitigating measures.

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The application site is located within an existing waste facility. Therefore there is no loss of high quality agricultural land.

The proposed site is not located within an area liable to flooding.

In light of the above, it is my opinion that the application meets the criteria of Policy WM 1 of PPS 11.

Policy WM 2 of PPS 11 details the planning policy relating to waste collection and treatment facilities and sets out the situations in which such facilities will be granted planning permission.

The first requirement is that there a need for the facility as established through the Waste Management Strategy and Waste Management Plan. This has been accepted in approval of A/2004/0978/F in that the proposal is consistent with the key points of NWRWMP as the proposed plant will provide one of the preferred infrastructure alternative required to replace landfill and is consistent with the waste hierarchy and the overall aims of the Waste Management Strategy.

The second requirement is that the proposed facility is the Best Practice Environmental Option (BPEO). It is contended that the facility is the BPEO for a number of reasons including the fact that the facility will produce a re-useable product which is exported to Europe for use in Waste to Energy Plants. This is considered to be green solution by helping to reduce the reliance on fossil fuels, therefore reducing greenhouse gas emissions.

In terms of the locational criteria, as detailed previously it is my view that this proposal is compliant since it is suitably located within an existing waste facility. This proposal will not involve any further buildings or infrastructure and is visually acceptable in this industrial location as per the previous approval.

In relation to the additional criteria within Policy WM 2, the previous Enviroparc approval would be considered regional, this temporary storage proposal is considered as ancillary development to this facility.

The River Ridge site is an existing purpose built facility with associated infrastructure and will be required to operate in accordance with the conditions outlined in any licence/permit issued by NIEA.

Incineration or any other thermal process will not be undertaken at this site. The processed waste will be sorted, baled and transferred for further treatment/re-use. The enhanced storage provision for this waste will allow the more efficient use of the limited amount of built form on the site.

With regard to environmental impact NIEA advise that this facility is subject to a Waste Management License. This ensures that the facility can be operated, managed and controlled to ensure the protection of the environment. NIEA have not raised any concerns with the proposal which would warrant the application being refused on planning grounds.

Therefore, having considered the above, it can be concluded that the application meets the criteria of Policy WM 2 of PPS 11.

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The reports submitted to the Council demonstrate that the proposal will not cause demonstrable harm to the amenity of surrounding residents. The RDF bales are wrapped securely in plastic to prevent any contamination after processing and as such this significantly limits the odour which is emitted by the processed product. The overall site exists at present and is subject to health and safety policy as set down by HSENI. This temporary external storage does not pose any significant additional risk.

The principle of this development has been previously accepted with regard to its wider environmental, economic and social benefits where the treated and baled material will be transported and exported to a further facility where they re-used in Waste to Energy Plants. These materials untreated are difficult to dispose of in an environmentally sensitive manner. They would have to be disposed of in landfill sites which have the potential to cause various types of pollution of the local environment, through as contamination of groundwater, soil contamination, production of methane gas into the atmosphere and attract pests, namely flies and vermin. Therefore, the reusable product created displaces the need for landfill and the use of less sustainable energy sources/fossil fuels.

With regard to Policy AM2 of PPS 3, there will be no alteration to the main traffic generators as there is no expected increase in materials than exists presently, therefore there will be no impact on road safety or the flow of traffic.

11. Conclusion

Having weighed up this proposal under the relevant policy provisions and material considerations it is considered that the temporary external storage of RDF bales and the additional external storage bays for wood, glass and C & D waste is broadly acceptable. Whilst there are concerns with regard to the amenity of adjacent residential dwellings, the mitigation measures put in place, licence controls and conditions attached to any permission will ensure that their residential amenity is not affected to an unacceptable level, more specifically as the external storage is for a temporary time frame. Additionally, it is concluded that this proposal is acceptable in this location within an existing approved MRF, within an existing industrial estate, which is zoned for industrial use within the Derry Area Plan 2011. Furthermore, the traffic currently generated by the existing operations on the adjacent site will not be increased as a result of the proposal.

It is therefore recommended that the Council’s Planning Committee agree with my professional recommendation to approve permission for the proposed development.

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12. Proposed Conditions

1. The external storage of RDF bales shall be discontinued within 2 years of the date of this decision notice and the site restored to its former condition and use as permitted under A/2004/0987/F.

Reason: To ensure the comprehensive operation of the wider Enviroparc site is not compromised.

2. External storage of RDF Bales is prohibited outside the green boundary of the RDF storage area highlighted on the site plan (5A) received by the planning Department on the 2nd December 2016.

Reason: To minimise waste odour emissions at nearby residential property.

3. Broad band reversing alarms shall be fitted to all forklift trucks and telehandlers used to transport RDF materials.

Reason: To prevent noise adversely impacting on amenity at nearby residential properties

4. RDF Bales stored within the agreed designated area shall be inspected daily, and any ripped or broken bales shall be immediately returned to Building A for rewrapping before being returned to the designated storage area.

Reason: To eliminate harbourage and sources of food for pests and to prevent odour issues.

5. Within one month of approval the operator shall submit to the Planning Department for agreement a ‘Pest Control Management Plan’ detailing how the operator shall

• Identify and monitor pest activity

• Provide ongoing preventative treatments

• Implement contingency measures to ensure that where infestations are identified that rapid action is taken to deal with them.

Reason: To ensure that management procedures and practices are agreed and implemented for the control and elimination of pest populations.