Mr Max Jones
Max Deisgn
Armstrong House
First Avenue
DONCASTER
DN9 3GA
United Kingdom	Your Ref:	
Contact:	Mr Matthew Sunman
Email:	matthew.sunman@eastriding.gov.uk
Tel:	(01482) 393735
Date:	16 April 2021

Application No: 20/03081/CM	
Case Officer: Mr Matthew Sunman

NOTICE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990

Proposal:	Erection of 20MW waste to energy facility with associated external works (SUBMISSION OF A REVISED FLOOD RISK ASSESSMENT(REVISION E))	
Location:	Ferndale Park, Newfields Industrial Estate, Century Road, Saltend, East Riding Of Yorkshire, HU12 8FB, 	
Applicant:	NRG Hull Ltd	
Application type:	County Matter	

The above application has been considered by the Council in pursuance of their powers under the above mentioned Act and has been APPROVED, in accordance with the terms and details as submitted, subject to the following conditions:

 1.	The development hereby permitted shall be begun before the expiration of three years from the date of this permission.	
		
	This condition is imposed in order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 and in order to ensure that the Local Planning Authority retains the right to review unimplemented permissions.	

 2.	The development hereby permitted shall be carried out in accordance with the following approved plans:	
		
	2071 15  			       Proposed 3D Model			16 September 2020	
	CMP1000-001		       Topographic Survey			16 September 2020	
	1816 09   	Weighbridge - Proposed Elevations	05 October 2020	
	2071 006	Proposed Elevations 1 and 4		05 October 2020	
	2071 007	Proposed Elevations 2 and 3		05 October 2020	
	2071 008	Proposed Site Plan and Location Plan	05 October 2020	
	2071 001	Proposed Ground Floor Layout Plan	06 October 2020	
	2071 002	Proposed First Floor Layout Plan		06 October 2020	
	2071 003	Proposed Second Floor Layout Plan	06 October 2020	
	2071 004	Proposed Third Floor Layout Plan	06 October 2020	
	2071 005	Proposed Fourth Floor Layout Plan	06 October 2020	
	2071 09.5	Weighbridge - Proposed Floor Layout 	
		Plan					06 October 2020	
	2071 16	Proposed Boundary Treatment Plan 	
		(Typical Fence Section)			06 October 2020	
	20327 DR-C-0100 REV-P3   Drainage Strategy Plan			28 January 2021	
		
	This condition is imposed in accordance with policies ENV1 of the East Riding Local Plan and for the avoidance of doubt and to ensure that the development hereby permitted is carried out in accordance with the approved details in the interests of the character and amenity of the area and the provisions of the development plan.

 3.	No development shall take place on site until full details of both hard and soft landscape works for the whole site together with a programme of implementation have been submitted to and approved in writing by the Local Planning Authority. These works shall be carried out as approved prior to the occupation of any part of the development or as may be otherwise agreed in writing by the Local Planning Authority.  Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority.	
		
	This pre-commencement condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and because a well-designed landscaping scheme can enhance the living environment of future residents, reduce the impact of the development on the amenities of existing residents and help to integrate the development into the surrounding area.

 4.	Prior to commencement of development, a Construction Traffic Management Plan for the construction period to shall be submitted to and agreed in writing by the Local Planning Authority.  The Construction Traffic Management Plan shall identify the proposed construction traffic routes; profile the daily movement of the construction traffic; avoid accessing the site during the Strategic Road Network's peak operating hours apparent at the A1033 and A63; and install a wheel wash station.  The development shall then proceed in accordance with the approved details.	
		
	This pre-commencement condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and in the interest of road safety.

 5.	Prior to the commencement of the development details shall be submitted to and approved in writing by the Planning Authority showing the provision of the temporary vehicle parking, loading, off-loading and manoeuvring facilities for the contractors carrying out building and construction works on the development and no other building or construction works shall be commenced until the temporary vehicle parking, loading, off-loading and manoeuvring facilities have been provided and used by contractors in accordance with the approved details. The approved vehicle parking, loading, off-loading and manoeuvring facilities shall be retained and used by contractors during the construction of the buildings on the development.	
		
	This pre-commencement condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and to secure adequate parking, servicing, manoeuvring, loading and off-loading facilities within the site during the construction period of the development for contractors vehicles in the interest of road safety.

 6.	Prior to commencement of any works on the site an appropriate Construction Emissions Management Plan to address the environmental impact during the development of all phases of the site shall be submitted to and approved in writing by the Local Planning Authority. The Construction Emissions Management Plan shall identify the steps and procedures that will be implemented to minimise the creation and impact of air pollution and dust resulting from the site preparation, demolition, groundwork and construction phases of the development. Appropriate measures such as the use of agreed routes to and from site during the construction works and allocating arrival times for construction vehicles and suppliers shall be considered along with setting minimum emission standards for construction vehicles operating on, and those delivering to, the site.	
		
	This pre-commencement condition is imposed in accordance with policy ENV1 part B4, B6 and B7 of the East Riding Local Plan and to prevent both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by poor air quality.

 7.	Prior to commencement of any works on the site a Scheme for the installation, management and ongoing maintenance of charging points for Low Emission Vehicles shall be submitted to, and agreed in writing by, the Local Planning Authority. The scheme shall also detail the location for the charging points. Once the scheme has been agreed by the Local Planning Authority, the charging points shall be installed and operational before the site becomes occupied.	
		
	This pre-commencement condition is imposed in accordance with policy ENV1 part B4, B6 and B7 of the East Riding Local Plan and to prevent both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by poor air quality.

 8.	Demolition of existing structures and construction work shall not commence until such a time that a Method Statement for protecting the amenities of the occupiers of the nearest residential dwellings, including measures to control noise and vibration arising from site activities, as set out in BS 5228-1:2009+A1:2014 Noise and Vibration Control on Construction and Open Sites, has been submitted to and approved in writing by the Local Planning Authority. Site contractors shall adopt such a code of practice and the applicant shall monitor compliance against it.	
		
	The Method Statement shall include the use of vehicles, plant and equipment, piling operations, excavations, earth moving and the control and monitoring of dust, site communications systems and the loading and unloading of raw materials.	
		
	This pre-commencement condition is imposed in accordance with policy ENV1 Part B4 of the East Riding Local Plan and to ensure that the amenities of residents at the nearest noise sensitive receptors are not adversely affected by noise or vibration.	

 9.	No part of the development shall be brought into use until an Operational Traffic Management Plan has been submitted to and agreed in writing by the Local Planning Authority to ensure the operational phase of the development hereby approved does not compromise the operation of the Strategic Road Network.  The development shall then operate in accordance with the agreed details.	
		
	This condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and in the interest of road safety.

10.	No part of the development shall be brought into use until a Travel Plan to promote sustainable transport choices and limit the impact of the development on the Strategic Road Network has been submitted to and agreed in writing with the Local Planning Authority. The development shall then operate in accordance with the agreed details.	
		
	This condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and in the interest of road safety.

11.	No part of the development shall be brought into use until the vehicular access to it and the vehicle parking, loading, off-loading and manoeuvring facilities serving it have all been constructed in accordance with the submitted details and the vehicle parking, loading, off-loading and manoeuvring facilities shall thereafter be so retained.	
		
	This condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and in order to ensure that the demand for vehicle parking and servicing can be met within the site as vehicles having to park, load or un-load or manoeuvre on the public highway would adversely affect the safety of other highway users.

12.	The development shall not be brought into use until secure cycle parking facilities have been provided to accommodate all cyclists likely to visit the premises, and these facilities shall thereafter be retained.	
		
	This condition is imposed in accordance with planning polices ENV1 Part B9 and EC4 Part A and Part C of the East Riding Local Plan and to ensure adequate facilities are provided for cyclists and encourage the promotion of more sustainable forms of transport which includes walking, cycling and public transport.	

13.	Prior to first use of the waste to energy facility hereby approved two bat boxes such as Schwegler 1FF bat boxes, Schwegler General Purpose bat boxes 2F, or Schwegler 2FN bat boxes and two artificial nest for small birds such as Schwegler 1B bird boxes, Schwegler Bird Home 1MR or Schwegler sparrow terraces (or similar products from an alternative supplier) shall be erected on the site in accordance with the manufacturer's installation recommendations and shall be retained thereafter. 	
		
	This condition is imposed to comply with the National Planning Policy Framework (NPPF) and the Natural Environment and Rural Communities Act (NERC) 2006.

14.	The rating level of noise from the proposed installation and all fixed plant associated with the site collectively shall not exceed the background noise level by more than 5 dB(A) at any time at any of the nearest noise sensitive receptors identified in the Noise Impact Assessment (SLR Ref: 40306252.00004). Noise measurements and assessment shall be made in accordance with BS 4142:2014.	
		
	This condition is imposed in accordance with policy ENV1 Part B4 of the East Riding Local Plan and to ensure that the amenities of residents at the nearest noise sensitive receptors are not adversely affected by noise or vibration.

15.	Once operational, heavy goods vehicle movements to deliver waste to or remove ash from the site shall not take place outside the hours of 07:00 to 19:00 on any day.	
		
	This condition is imposed in accordance with policy ENV1 Part B4 of the East Riding Local Plan and to ensure that the amenities of residents at the nearest noise sensitive receptors are not adversely affected by noise or vibration.

16.	Emissions to air from each operational incineration or co-incineration line at the Energy from Waste facility shall be discharged via a chimney with a height of at least 65 metres above ground level. 	
		
	This condition is imposed in accordance with policy ENV1 part B4, B6 and B7 of the East Riding Local Plan and to prevent both new as well as existing development from contributing to or being put at unacceptable risk from, or being adversely affected by poor air quality.	

17.	In the event that contamination is found at any time when carrying out the approved development, that was not previously identified, it must be reported immediately to the local planning authority. An appropriate investigation and risk assessment must be undertaken, and where remediation is necessary, a remediation scheme must be prepared by competent persons and submitted to the local planning authority for approval. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the local planning authority.	
		
	This condition is imposed in accordance with policy ENV6 part A of the East Riding Local Plan and to ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors.	

18.	The development shall be carried out in accordance with the submitted flood risk assessment by Topping Engineers (ref. 20327-FRA-001 Revision E) and the following mitigation measures it details:	
	- Finished floor levels and flood sensitive equipment shall be set no lower than 3.8 metres above Ordnance Datum (AOD)	
	- No raising of site levels within Flood Zone 3	
	- A Place of Safety is provided on an upper floor	
	- Surface water discharge to Old Fleet Drain shall be restricted to 5l/s (litres per second), as shown on the drainage drawing DR-C-0100 (rev P3, dated 25.01.21).	
		
	These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.	
		
	This condition is imposed in accordance with policy ENV6 of the East Riding Local Plan, to reduce the risk of flooding to the proposed development and future occupants and to prevent flooding by ensuring the satisfactory storage of/ disposal of surface water from the site.	

19.	The development shall not be brought into use until the approved foul and surface water drainage details have been fully implemented in accordance with the drainage plan (drawing number 20327-DR-C0100 REV P3), surface water drainage maintenance and management schedule, drainage storage check and calculations, application form and revised flood risk assessment reference DR-C-0100 (rev P3, dated 25.01.21). Piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.  The surface water drainage system shall be managed and maintained in accordance with the approved details.	
		
	This condition is imposed in accordance with policy ENV6 of the East Riding Local Plan and in order to ensure that the proposal is provided with a satisfactory means of drainage.

20.	Notwithstanding any details shown on the submitted plans and forms, no development shall take place above damp proof course until details of the materials to be used in the construction of the external surfaces of the walls, roof, window, doors and rainwater goods hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.	
		
	This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan and because it is considered that the use of inappropriate materials could be harmful to the appearance of the area and that the Council therefore needs to retain a measure of control.

Note to Applicant/ Agent from:

Public Protection

Asbestos - An appropriate survey should be undertaken to identify any asbestos containing materials in existing buildings or elsewhere on the application site (including fly-tipped waste or demolition rubble). Asbestos containing materials must be safely removed prior to demolition and site clearance, or conversion of existing buildings, to avoid causing risks to public health and the environment. Asbestos contaminated waste must be disposed of appropriately at a licenced waste facility. The legal requirements for managing and working with asbestos are set out in the Control of Asbestos Regulations 2012. 

Importing and exporting soil - Where soil or fill material needs to be brought on to site for landscaping, earthworks, raising site levels, or back-filling excavations, the developer must ensure it is from a certified clean source and is suitable for use. Any material removed from site for disposal should be documented by appropriate waste transfer notes. Written verification may be required by the local planning authority, and any records should be retained by the developer.

Environment Agency

The site benefits from the existing flood defences of the Humber Estuary. The Environment Agency, with partners, have produced the 2008 Humber Strategy. In the area of the development ("Flood area 5 - Hull East"), it is expected that future improvements to the flood defences will be required in response to sea level rise. This is expected to require contributions from major beneficiaries and from developers. The Humber 2100 is a commitment to review the 2008 Strategy and will update the strategic direction taking into account new information. Further details of the Humber 2100 is available at https://consult.environment-agency.gov.uk/humber/strategyreview/. This continues to identify the need for additional investment in the flood infrastructure around the Humber Estuary, building on the 2008 strategy. The original 2008 Humber Strategy can be access at https://www.gov.uk/government/publications/humber-floodrisk-management-strategy.

Yorkshire Water

I.	If you are looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), please contact Yorkshire Waters Developer Services Team (telephone 0345 120 84 82, email: technical.sewerage@yorkshirewater.co.uk) at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition as supplemented by Yorkshire Water's requirements;
II.	You are required to consult with Yorkshire Water's Trade Effluent team (telephone 03451 242424) on any proposal to discharge trade effluent to the public sewer network;
III.	Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network; and
IV.	Under the provisions of section 111 of the Water Industry Act 1991 it is unlawful to pass into any public sewer (or into any drain or private sewer communicating with the public sewer network) any items likely to cause damage to the public sewer network interfere with the free flow of its contents or affect the treatment and disposal of its contents.  Amongst other things this includes fat, oil, nappies, bandages, syringes, medicines, sanitary towels and incontinence pants. Contravention of the provisions of section 111 is a criminal offence.

Nature Conservation and Ecology

Protected Species - The granting of planning permission does not absolve the applicants from complying with the relevant law protecting species, including obtaining and complying with the terms of conditions of any licences required, as described in Part IVB of Circular 06/2005.

Should any protected species or evidence of protected species be found prior to or during development, work must stop immediately and Natural England contacted for further advice on 0300 060 3900. This is a legal requirement under the Wildlife and Countryside Act 1981 (as amended) and applies to whoever carries out the work. All contractors on site should be made aware of this requirement and be given Natural England's contact details.

Nesting Birds - With certain exceptions, all wild birds, their nests and eggs are protected by the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000). If any proposed works is scheduled to take place in the main bird breeding season (early March to late August) the potential impact on nesting birds and the risk of committing an offence is increased. Therefore, in such an instance the Council would advise that a survey for active bird nests should be carried out by a suitably competent person immediately prior to commencing works. If active nests are found, all construction works around the nest should be avoided until the breeding attempt has ended.

Humberside Fire Brigade

Access for Fire Service - It is a requirement of Approved Document B5, Section 15 Commercial Properties or B5, Section 13 for Domestic Premises that adequate access for firefighting is provided to all buildings or extensions to buildings.
Where it is a requirement to provide access for high reach appliances, the route and hard standing should be constructed to provide a minimum carrying capacity of 24 tonnes.

Water Supplies for Fire Fighting - Adequate provision of water supplies for firefighting appropriate to the proposed risk should be considered. If the public supplies are inadequate it may be necessary to augment them by the provision of on-site facilities. Under normal circumstances hydrants for industrial unit and high risk areas should be located at 90m intervals. Where a building, which has a compartment of 280m2 or more in the area is being, erected more than 100m from an existing fire hydrant, hydrants should be provided within 90m of an entry point to the building and not more than 90m apart. Hydrants for low risk and residential areas should be located at intervals of 240m.

Countryside Access and Public Rights of Way

The scale of the Definitive Map and the information contained within the accompanying statement make precise determination of the PROW lines extremely difficult. Applicants should satisfy themselves that they have determined this first prior to submitting an application. Applicants should not use the planning process to determine the width, status or precise route of a public right of way. It may be from time to time that during the application process, during construction, or post construction that evidence is presented to the authority that would suggest that any route incorporated within a development, or adjacent to a development site, is not on the correct line, even though the line on the Definitive Map might appear to be protected. The authority is legally bound to consider this evidence and it could lead to a situation, through no fault of the Planning or Highway Authority that a route is built upon, or obstructed by gardens or boundary walls. Applicants should be aware of this, and make all reasonable attempts to seek clarification of this prior to commencing development.

The granting of planning permission does not grant permission to obstruct a public right of way, and applicants should ensure that they have protected the line shown on the Definitive Map.

Interference or improvement of the surface of a public right of way requires the specific permission of the PROW section of the East Riding Council. Interference without permission constitutes an offence under the Highways Act. 

Applicants should ensure that they have the necessary private vehicular rights to use the public right of way as driving a motor vehicle on a footpath, bridleway or restricted byway may constitute a criminal offence. The rights of way section reserves the right to have sight of this documentary evidence.

Relevant Planning Policies: 

Joint Waste Local Plan for Kingston upon Hull and the East Riding of Yorkshire (JWLP) (2004)

Policy W2 	Development complying with specific policies of the JWLP
Policy W4 	Sequential Approach to site selection
Policy W11 	Waste Management Development will not be allowed if it harms groundwater source protection, aquifers or surface waters
Policy W14 	Trees, hedgerows and woodland
Policy W17	Agricultural Land
Policy W19	Archaeology
Policy W22	Transport - Alternative transport methods
Policy W23	Road traffic
Policy W26 	Self Sufficiency
Policy W29	Incineration of waste with energy recovery

East Riding Local Plan -Strategy Document (ERLP-SD) (2016)

Policy A1 	Beverley and Central sub area
Policy EC1 	Supporting the growth and diversification of the East Riding economy
Policy EC4 	Enhancing sustainable transport
Policy ENV1 Integrating high quality design
Policy ENV2 Promoting a high quality landscape
Policy ENV3 Valuing our heritage
Policy ENV4 Conserving and enhancing biodiversity and geodiversity
Policy ENV5 Strengthening green infrastructure
Policy ENV6 Managing environmental hazards
Policy S1 	Presumption in favour of sustainable development
Policy S2 	Addressing climate change
Policy S3 	Focusing development

Legislation

Waste Management Plan for England 2013 
Section 66 and 72 of Planning (Listed Buildings and Conservation Areas) Act 1990 

National Planning Policy

National Planning Policy Framework (NPPF)
National Planning Policy for Waste (NPPFW)
National Planning Policy Guidance (PPG)	

In making this decision the Council has followed the requirements in paragraph 38 of the National Planning Policy Framework.

16 April 2021

Signed 

Stephen Hunt MRTPI
Head of Planning and Development Management

NOTES TO ACCOMPANY THIS DECISION

Appeals to the Secretary of State
If you are aggrieved by this decision you can appeal to the Planning Inspectorate.  Appeals can be made online at: https//www.gov.uk/planning-inspectorate.  If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on telephone number: 0303 444 5000.

Appeals must be made on the correct forms relating to the type of application you submitted.  Information provided as part of the appeal process will be published online.  

If you wish to appeal against a decision relating to:

•  Householder applications -  appeals must be made within 12 weeks of the date of this notice;
•  Minor commercial applications -  appeals  must be made within 12 weeks of the date of this notice;
•  Advertisement  consents - appeals must be made within 8 weeks of the date of this notice;
•  Any other type of application – appeals must be made within 6 months of the date of this notice.

Appellants requesting an inquiry into their appeal must notify the Local Planning Authority and Planning Inspectorate at least 10 days prior to appeal submission.

Please note - If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, you must appeal within 28 days of the date of this notice.

If an enforcement notice is served relating to the same land and development as in your application, you must appeal within 28 days of the date of service of the enforcement notice or within 6 months 
(12 weeks in the case of a householder appeal) of the date of this notice, whichever period expires earlier.

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The Secretary of State need not consider an appeal if it seems that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.

Purchase Notice
If either the Local Planning Authority or the Secretary of State for the Environment refuses permission to develop land or grants it subject to conditions, the owner may claim that he can neither put the land to a reasonably beneficial use in its existing state nor can he render the land capable of a reasonably beneficial use by carrying out any development which has been or would be  permitted.  

In these circumstances, the owner may serve a purchase notice on the Council in whose area the land is situated.  This notice will require the Council to purchase his interest in the land in accordance with Part VI of the Town and Country Planning Act 1990.

Approval of Details Required by Conditions
A fee is payable for the submission of any matters required to be submitted for approval by any conditions attached to this permission.  The fee is payable for each submission, not for each condition.  Please refer to the council’s website at www.eastriding.gov.uk for more information.