Land off Bridge Street, Clay Cross Proposed Energy Recovery Facility and Ancillary Facilities NON TECHNICAL SUMMARY (NTS)

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1 Land off Bridge Street, Clay Cross Proposed Energy Recovery Facility and Ancillary Facilities NON TECHNICAL SUMMARY (NTS) October 2014 SLR Ref: Clay Cross Biomass Limited

2 Contents 1 Introduction 1 Planning and EIA 1 Application Submission Package 1 Planning and Environmental Permitting 2 Site Setting 2 Proposed Development 4 Planning Policy 6 Land Quality 6 Air Quality 7 Landscape & Visual Impact 8 Noise 9 Transport 10 Geology and Water 11 Ecology 12 Archaeology and Cultural Heritage 12 Conclusions 13

3 INTRODUCTION 1. This document comprises a Non Technical Summary ( NTS ) and has been prepared by ( SLR ) on behalf of Clay Cross Biomass Limited ( the applicant ). The NTS is part of a package of documents being submitted to Derbyshire County Council in support of a planning application for the development of land off Bridge Street in Clay Cross. The planning application is for the construction and operation of an Energy Recovery Facility ( ERF ) and ancillary facilities, comprising offices and welfare facilities, visitor centre, access roads and weighbridge facilities, electrical compound, together with peripheral landscaping, drainage and security fence. PLANNING AND EIA 2. The European Environmental Impact Assessment Directive (the EIA Directive ) requires that, before granting development consent for projects, authorities should carry out a procedure known as environmental impact assessment (or EIA ) of any project which is likely to have significant effects on the environment. In the UK, development consent includes the grant of planning permission. 3. An Environmental Statement (ES) is a report of an EIA that is required to be submitted with a planning application. 4. Under the EIA legislation, the planning application for Clay Cross is to be accompanied by an ES. The scope of the assessments undertaken as part of the EIA has been informed through a formal process (known as Scoping ) with Derbyshire County Council. This is explained further in Chapter 1 to the ES. APPLICATION SUBMISSION PACKAGE 5. This NTS comprises part of a multi volume submission to accompany the planning application for the proposed ERF. The NTS itself comprises part of the ES: Volume 1: Environmental Statement Main Text and Drawings; Volume 2: Environmental Statement Technical Appendices; Volume 3: Non Technical Summary ( NTS ). 6. The planning application itself, in addition to the formal planning application forms and certificates, comprises: Planning Statement; Environmental Statement (Volumes 1 to 3); Design and Access Statement; Statement of Community Involvement. 7. The NTS has been produced as a separate document to accompany the planning submission, being a mandatory part of the Environmental Statement ( ES ). This provides, in non-technical language, a brief summary of the likely Page 1

4 significant effects that the proposed changes to the approved development would have on the environment. 8. Paper copies of the ES can be obtained from at the following address: Aspect House Aspect Business Park Bennerley Road Nottingham NG6 8WR 9. The ES, along with the other Volumes, are available in both paper and CD Rom formats, for which a charge of 200 and 25 is applicable respectively. A copy of the NTS is available free of charge on request. The application documents will also be available to download from the council s web site. PLANNING AND ENVIRONMENTAL PERMITTING 10. The proposed development would need to operate under an Environmental Permit in addition to having a valid planning permission. An Environmental Permit, which will be determined and issued by the Environmental Agency will contain a number of conditions intended to control the day to day management of the site with the aim of minimising the effect of the operation on the environment; it will also contain conditions regulating site management and monitoring. SITE SETTING 11. The land upon which the ERF would be built (referred to as the application site ) is located on the northern fringe of Clay Cross, within North East Derbyshire. Clay Cross is located approximately 8km to the south of Chesterfield, and 27km north of Derby. The settlements of Alfreton and Matlock lie around 7.6km and 9.7km to the south and west-southwest respectively. In terms of local governance, the application site is located within the county of Derbyshire and district of North East Derbyshire. 12. The application site extends to approximately 2.44 hectares in area, being roughly rectangular in shape. The site is bordered by Bridge Street to the southeast, adjoining industrial premises (Mayfly) to the south and open land to the north and east. The boundaries are identified by concrete post and mesh fencing or in parts steel palisade fencing. 13. The application site mainly comprises of hard standing to the south and an adjacent area of tipped inert brick waste which forms a level platform above a small scrub lined valley to the north which is off-site. The application site is in places being colonised by dense buddleia and willow with a small amount of birch and bramble also present. 14. The majority of the application site forms a gently sloping area of land. At its highest point, located at the south eastern corner, levels are in the order of m AOD (metres above ordnance datum). Levels fall towards the north Page 2

5 and west, reaching an elevation of around 129m AOD at the northern edge of the plateau and 131m AOD at the western edge. The topography then falls away steeply from the edge of the plateau towards the site boundary. These slopes are covered with dense vegetation and trees. At the base of the slope, levels range from 122m AOD at the western edge to 119.4m AOD at the northern edge. 15. The site location is shown in Drawing CC 2/1 Site Location Plan whilst the extent of the application site is shown edged in red on Drawing CC2/2 (both can be found within Chapter 2 of the ES). Figure 1 Site Location The Application Site 16. The application site has two separate vehicular entrances onto Bridge Street, being at the south eastern and north eastern frontages of the site. Both access points are secured by double leafed gates. Bridge Street provides access to the Page 3

6 A6175 to the east and the A61 to the west. There are no public rights of way within the application site PROPOSED DEVELOPMENT 17. The applicant is seeking planning permission to construct an ERF designed to accept up to 80,000 tonnes per year of residual construction and demolition (C&D) waste wood. The imported feedstock would be residual in nature, being the fraction that exists after recycling and is currently sent to landfill for disposal. The proposed energy facility would comprise a modern plant which would use proven, highly regulated advanced thermal treatment technology, known as gasification, to extract energy (in the form of electricity and heat) from the imported wood. 18. The key elements to the design include: a single building designed to completely house all of the process operations; office and administrative accommodation within a separate volume to the front elevation of the process building; separate access points for HGVs and cars; visitor and staff parking; electrical sub-station; weighbridge; HGV parking area; roadways; and peripheral landscaping. 19. The whole of the energy recovery process would be housed within a single architecturally designed building. The building would be around 105m long and up to 71m wide (excluding the office accommodation), occupying a footprint of around 7500m 2 (7,800m 2 with office accommodation). The roofline would result in the height of the building varying from around 14.5m to a maximum height of 22m. 20. At the front of the building would be the office and administration facilities, together with car parking, set within a landscaped environment. 21. The proposed energy facility would comprise a modern plant which would use proven, highly regulated advanced thermal treatment technology, known as gasification, to extract energy (in the form of electricity and heat) from the imported wood. 22. Gasification of wood is a proven and reliable technology that has been used all over the world. It offers a number of advantages over direct combustion of the fuel because it converts approximately 80% of the chemical energy present in the biomass feedstock into chemical energy during the gas phase without the production of harmful by-products. The resulting gas, a syngas, can be utilised in a range of applications, including steam boilers and gas engines for conversion to electricity and heat, with potentially increased efficiency. In this scheme, the syngas will be used to drive a steam turbine to produce electricity. Page 4

7 23. The facility, when running at full capacity will be able to generate up to 12MW of electrical energy. A fraction of these outputs, typically 10%, would be required for operating the facility itself (often referred to as parasitic load), but a significant amount, around 10MW, would still be available for export to the national grid. 24. The secondary output from the proposed facility is thermal energy and this heat, in the form of hot water or steam, could be made available to local businesses, industry and homes as a heat source. 25. A full description of the proposed development, including the processes to be undertaken, is included in Section 3 of the ES. Figure 2 Proposed Development (extract from Drawing CC 3/1) Page 5

8 PLANNING POLICY 26. The Government is committed to a plan led system, with the Development Plan forming the basis of all planning decisions. Legislation confers a presumption in favour of development proposals which accord with the Development Plan, unless material considerations indicate otherwise. 27. The planning application will be determined in accordance with prevailing policies at national and local level. National planning policies are contained in the National Planning Policy Framework the National Planning Policy for Waste. Local policies translate national strategic issues into site specific proposals through the Development Framework, comprising: the saved policies contained within the Derby and Derbyshire Waste Local Plan (adopted 2005); and North East Derbyshire Local Plan (adopted 2005). 28. National policies on energy (contained in the National Planning Statements EN- 1 and EN-3) are also relevant to the proposed development. National energy policy and guidance indicates that obtaining energy from waste falls within the scope of low carbon and renewable energy, which forms an integral part of the government s overall energy strategy. 29. The Development Framework seeks to reconcile the development needs of society against safeguarding the environment and amenity of local communities. In so doing, the Development Framework sets out a series of policies which seek to guide developments in terms of acceptable limits and design, whilst ensuring interests of archaeological, cultural heritage, ecological interest and importance are protected, and that the local amenity and environment of communities are not derogated through pollution to air, land or water. 30. Through the EIA process, it has been able to demonstrate that the development proposals would not conflict with the stated aims and policies of the Development Framework. Allied to this, the generation of low carbon energy is consistent with the Government s aims of addressing climate change, as advocated in national planning guidance. LAND QUALITY 31. The ES chapter on Land Quality (Chapter 5) considers the potential for the proposed development impact upon sensitive receptors as a result of the application site s land quality due to previous industrial land uses. The ES chapter describes the scope, relevant legislation and methodology pertaining to the assessment and provides a preliminary summary of the baseline conditions currently existing at the application site and its surroundings. It then considers the likely potential significant environmental effects the proposed development of the application site (involving earthworks and construction associated with the proposed ERF, infrastructure and soft landscaping works). The assessment also focuses on the risks that could arise during the construction phase, the risk to future site users, the risk to offsite receptors and the potential impact on controlled waters. Page 6

9 32. Historically, the application site comprised a pond in the central site and a spoil heap over the eastern third of the site adjacent to the railway tunnel, with the rest of the application site comprising Greenfield land in 1880/81. By 1995 the size of the spoil heap had increased in size across the eastern site. By the 1970 s the whole site was recorded as a refuse tip; with the site being noted as a scrap yard in The application site was subsequently used as a waste transfer station, and has been disused in recent years. 33. The proposals do not involve operational activities that would disturb soils to the degree that are likely to result in significant effects on soil resource quality. Similarly the proposed nature of the proposed scheme is unlikely to result in significant future pollution impacts to the site. 34. Prior to construction it is proposed, as part of the earthworks stage, to undertake additional works in order to fully determine the Land Quality conditions for the site. The additional works will include a further ground investigation, to include soils, groundwater and leachate analysis, groundwater and ground gas monitoring. It is therefore recommended that a planning condition be attached to the grant of consent which requires that a suitable site investigation, based on and targeting the risks identified, be completed prior to the commencement of the development. This report shall assess the degree and nature of any contamination identified on the application site through the site investigation; and ensure that these risks are addressed prior to construction. AIR QUALITY 35. The air quality effects associated with the construction and operation of the proposed ERF facility have been assessed and detailed in the ES. The assessment has considered: potential dust emissions for the construction phase; traffic exhaust pollutants from construction and operational phases; potential dust emissions as a result of handling of waste wood; and pollutants from the ERF stack. 36. The following dust mitigation measures have been designed into the proposed ERF: materials imported (i.e. waste wood,) or exported (bottom ash) from the application site would be transported in enclosed vehicles. incoming waste wood to the proposed ERF would be unloaded inside the building; all vehicle movements would take place on hard standing and a programme of road sweeping/cleaning would be in place. 37. Combustion emissions from the gas engines would be discharged via a 40m stack and the pollutant emission rates were calculated from plant design data. There would be a second stack/flare, 30m in height, associated with a combustion chamber used as the main bypass for syngas routing for commissioning, start-up and shutdown plant requirements in conjunction with the tar residue requirements. Page 7

10 38. On the basis of recognised guidance, the application site (without mitigation) is considered to present a low to negligible risk of dust impact with current receptors, and a medium risk if the proposed residential development is occupied before construction activities onsite are completed. Whilst this is not considered to be likely, dust mitigation measures have been identified to ensure the residual risk is low to negligible. 39. Given the high degree of designed in mitigation in the form of containment of potential sources of dust from the proposed ERF there are no sources of dust or litter exposed to the ambient atmosphere, consequently the potential for fugitive release of dust is low and no further assessment or mitigation is therefore considered to be required. 40. In relation to the movement of vehicles associated with the delivery of waste the assessment indicates that the change in impacts as a result of traffic exhaust emissions can be considered to be negligible for both fine particles (often referred to as PM 10 ) and nitrogen dioxide (NO 2 ). 41. Pollutants (specified in the Industrial Emissions Directive) from the ERF have been assessed using atmospheric dispersion modelling. There are no predicted exceedences of Air Quality Objectives or Environmental Assessment Levels and the environmental concentration of all modelled pollutants are predicted to be well below (less than 70% of) the relevant levels on the basis of which the effects of emissions are considered to be insignificant. 42. The predicted impacts are significantly below the critical levels and critical loads at the South Pennine Moors Special Area of Conservation (a European ecological designation) and all the Local Wildlife Sites. Therefore it can be concluded the ERF would have no likely significant effects (alone and incombination) on the Special Area of Conservation and cause no significant pollution at the Local Wildlife Sites. 43. The maximum potential in combination impacts of traffic and ERF process generated NO 2 and PM 10 are considered to be insignificant. 44. In summary the proposed ERF is not predicted to lead to exceedences of applicable air quality standards and guidelines at either human or ecological receptor locations. LANDSCAPE & VISUAL IMPACT 45. A Landscape and Visual Impact Assessment of the potential landscape and visual implications of the proposed development has been undertaken. This included a study of the existing site and its surroundings, a study of the landscape and visual characteristics of the development and an assessment of the landscape and visual impacts likely to be generated. 46. There would be no significant landscape effects as a result of the proposed development. The overall effect on the landscape resource within the application site (landscape fabric) is moderate and beneficial; an area of previously developed urban land would be brought into positive use. The proposals would also potentially enhance the frontage of the A6175 leading Page 8

11 through the settlement of Clay Cross, with the extension and development of new wildlife habitats around the site margins. 47. In terms of effects on the wider landscape resource, the size or scale of change to the broader Landscape Character Type as a whole (both in terms of physical disturbance and changes to views) would be very limited, as the new area of urban land would take place within an existing settlement. 48. Similarly, there would be no significant visual effects on the residential receptors, recreational or road users in the study area. From views to the north and northeast (around Tupton and North Wingfield), the proposed building appears either in front or alongside the existing built form of Clay Cross and in particular the orange/mustard warehouse. From views along the A6175 adjacent to the south (in Egstow), the proposed building forms a new frontage. There would be no change for road users at the viewpoint on A61 to the west. 49. From certain locations the proposed building is predicted to break the skyline, whereas for others it would be backgrounded. The stepped profile of the proposed building, with a curved roof line at the rear, in conjunction with the coloured bands and panels would help to break up its perceived mass and scale and provide good mitigation, especially considering the urban/urban fringe context. 50. Where visible, the stacks would break the skyline in all views. At times of visible plume, the presence of the stacks and building would be emphasised; however this is anticipated to be temporary feature on the skyline. 51. The changes to views from the areas to the north and northeast, looking back to the development were considered to be adverse, whereas those views along the road corridor adjacent to the south were considered to be beneficial. 52. Cumulative landscape and visual effects are not predicted for the development when considered in conjunction with the consented mixed use development to the north of the application site. The proposed development would be seen as part of the existing Clay Cross settlement, rather than as an extension and so in cumulative terms it would be infilling an existing abandoned urban plot. NOISE 53. A noise assessment has been undertaken in accordance with national guidance and the relevant British Standards and considers the likely noise levels that would be generated by the proposed development on the surrounding environment. Derbyshire County Council was consulted to confirm their views and policies regarding noise-related issues for the local area around the proposed development site and during the consultation, the noise monitoring locations and monitoring periods were agreed. The assessment has also considered the likely impact due to vibration during the construction phase of the development. 54. Vibration levels during piling operations might just be perceptible at all locations. Vibration levels would not cause structural damage to the property. Page 9

12 55. In the absence of mitigation, the operational assessment has shown that noise levels generated by the proposed Clay Cross ERF would lead to complaints at Hetton Drive and the cumulative effect at Brassington Street at night leading to a moderate impact. The introduction of mitigation to the stack outlet and engine room roof (within the main building) would have the effect of reducing the nighttime noise levels at Hetton Drive and Brassington Street. The overall effect is that: the predicted noise rating level at Hetton Drive reduced by 4dB to a level where predicted internal noise levels are well within the criterion for sleeping at night; the predicted noise rating level at Brassington Street reduced to a level where BS4142:1997 no longer becomes suitable guidance for assessing noise and where predicted internal noise levels are well within the criterion for sleeping at night; the cumulative effect at Brassington Street has been reduced to a minor impact; and the predicted internal noise levels within the nearest residential area of the Clay Cross Masterplan development are well within the criterion for sleeping at night. 56. Based on the results of the assessment and subject to the implementation of the mitigation measures, it is considered that noise should not pose a material constraint for the proposed ERF. TRANSPORT 57. The ES has assessed the traffic and transport implications of the proposed development in accordance with recognised standards and guidelines issued by the Department for Transport. 58. The transport assessment (refer to Chapter 9 of the ES) identified that the levels of traffic generated during the operation of the proposed ERF would be indiscernible from the day-to-day fluctuations in traffic flow throughout the study area road network. Further from site it is reasonable to assume that traffic would be diluted such that the impact would never be greater than that within the study area road network. 59. The assessment determined that any increase in levels of noise and vibration from development traffic would be imperceptible to receptors, and therefore the impact would be insignificant. 60. Analysis of traffic survey data collected throughout the study area indicates that the majority of the road network operates under capacity throughout the week. Comparison of the hourly traffic demand along the A61 High Street to the calculated capacity indicated that the southbound lane was reaching capacity during the weekday evening peak hour; this was supported by the observation of minor queue formation at the roundabout upstream. The small number of development vehicles expected to travel along this route during the evening peak hour would cause no discernible change to the delay experienced, and so the impact would be insignificant. Page 10

13 61. The assessment includes a review of the most recent five years accident data for the road network in the vicinity of the proposed ERF. The review identified a number of accidents involving the slight injury of pedestrians along the A61 High Street through Clay Cross. The number of accidents was attributed to the relatively high traffic flows observed combined with an increased pedestrian presence and greater desire to cross the road to reach the various shops and services along the high street. No accidents involving HGVs were recorded. The safety appraisal identified no accidents that would be suggestive of a deficiency in the design or condition of the road network, and the impact of the additional traffic borne of the proposed ERF would be insignificant. 62. With regard to the above, it is considered that the proposed development would have no significant adverse effect on the capacity or safety of the local road network or the amenity of local residents. It is therefore concluded that the proposed ERF is acceptable in traffic and transport terms. GEOLOGY AND WATER 63. The geology, groundwater and surface water regimes at the application site have been assessed with reference to information held by the British Geological Survey, the Environment Agency and Local Authority. 64. The application site is located on an area of Made Ground associated with waste material from historical mine working within the underlying Lower Coal Measures bedrock strata. The coal measures are characterised by sequences of mudstone, siltstone, sandstone and coal. The Coal Measures bedrock is classified and a Secondary A aquifer with groundwater flow predominantly within discrete sandstone and coal horizons (where worked). Groundwater flow regionally has been altered by the artificial influence of coal working. 65. Groundwater is potentially present at relatively shallow depths within the Made Ground; however, it is not considered likely that significant groundwater flow within these deposits would occur. 66. Rainfall onto the site primarily forms surface water run-off in a northeasterly direction towards a minor watercourse and pond located to the north and northeast of the application site respectively. This pond is thought to be in hydraulic continuity with the underlying groundwater. 67. The principal environmental impacts which have been identified for the proposed development are associated with the potential impact of the development on surface water and groundwater quality. Two main sources of contamination have been identified; initially from the construction phase where the movement of made ground could potentially release in-situ contaminants, and subsequently from the potential release of oils and fuels during construction, operation or decommissioning of the site. 68. It is also noted that without the inclusion of mitigation measures the uncontrolled release of surface water run-off from the application site could potentially increase surface water flood risk downstream. A Flood Risk Assessment (Appendix 10/1) has been completed and confirms that the application site is considered to be at low risk from all forms of identified flooding. A surface water management plan has been proposed which will ensure that surface water runoff from the site is less than the current brownfield run-off rate. Page 11

14 69. Overall, it is concluded that, with respect to groundwater and surface water, there would be no significant residual impacts of the proposed development after inclusion of the identified mitigation measures. ECOLOGY 70. An assessment of the significance of predicted ecological impacts that would result from the proposed construction of the ERF has been undertaken following CIEEM 1 guidance. 71. To specifically inform the assessment an initial Extended Phase 1 habitat survey was undertaken in January 2014 by an experienced terrestrial ecologist from SLR. Due to the sub-optimum timing of the visit a re-survey was completed in July The July 2014 survey re-assessed the potential of the site to support protected and notable fauna. In respect of invertebrates associated with previously developed land (known as Open Habitat Mosaics, OMH) it was found that the site currently comprises a habitat for this group, although due to natural succession replacement by buddleia, willow and bramble scrub is likely to take place relatively quickly. The parts of the site mapped as OHM extend to 1.4ha. Consideration of the size of the site, its recent origin, homogenous character and relative isolation have led to a valuation being given of importance at a local/parish level. 73. No direct or indirect impacts upon statutory or non-statutory ecologically designated sites have been predicted in respect of the construction phase of the ERF. 74. The proposed development would lead to the loss of 1.4ha of OMH. Areas of OMH (0.35 ha) and other habitats (0.53ha) would be incorporated into the proposed landscaping scheme and they would be managed to maintain their interest to invertebrates, however, there would be a residual impact at a local level of ecological significance. 75. In summary, the construction of the ERF is not predicted to have any significant or long term adverse ecological effects above those of a local/parish level. 76. The proposed development would provide a mechanism for the establishment of a new area of native woodland which would extend the off-site areas of this habitat to the north. ARCHAEOLOGY AND CULTURAL HERITAGE 77. Due to the former land use of the site it is predicted that the proposed development would cause no harm to the historic environment through direct impacts. 1 Chartered Institute of Ecology and Environmental Management Page 12

15 78. Assessment of indirect impacts has taken into account the heritage significance of potentially affected heritage assets, the contribution made to that significance by the setting including the area around the application site, the existing detrimental effects of recent/modern change on these settings, and the magnitude of the change which would be created by the construction and operation of the proposed development. It is predicted that the proposed development would cause negligible adverse to nil harm to the affected assets through indirect impacts. 79. The proposed development would therefore not conflict with any legislation or planning policies related to the historic environment. CONCLUSIONS 80. The review of environmental effects of the proposed development identifies that there would be no significant environmental effects arising from the construction and operation of the proposed ERF at Bridge Street. Page 13