{TOC} Applications details - [[this>Teesworks/Planning/R-2021-0316-VC|R/2021/0316/VC]] ===== Redcar and Cleveland Borough Council Planning (Development Management) ===== APPLICATION NUMBER: [[R-2021-0316-VC-Officer Report|R-2021/0316/VC-Officer Report]] LOCATION: LAND AT FORMER SOUTH BANK WORKS; GRANGETOWN PRAIRIE; BRITISH STEEL AND WARRENBY AREA - FORMER METALS RECOVERY AREA PROPOSAL: VARIATION OF CONDITION 2 (APPROVED PLANS) OF PLANNING PERMISSION [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]] TO ALLOW FOR ADDITIONAL STORAGE MOUNDS ===== APPLICATION SITE AND DESCRIPTION ===== Permission is sought to vary the previously approved development for engineering operations associated with ground preparation and temporary storage of soils and its final use in the remediation and preparation of land for regeneration and development on land at the former South Bank Works, Grangetown Prairie, British Steel and Warrenby. The application seeks to introduce a larger storage mound known as stockpile 2 on the original plans. The application site comprises a series of land parcels, which have recently been acquired by STDC from Tata Steel, and which total around 286 ha of the overall 600ha acquired from Tata Steel. The condition of the land varies across the site. The majority of the area has been previously developed with uses almost extensively aligned to integrated iron and steelmaking. The application has been accompanied by plans and cross-sections of the additional storage sites, and the following documents; * Flood Risk Assessment and Drainage Strategy Adendum ===== DEVELOPMENT PLAN ===== Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise. ===== NATIONAL PLANNING POLICIES ===== National Planning Policy Framework (NPPF) ===== REDCAR & CLEVELAND LOCAL PLAN (2018) ===== SD1 Sustainable Development SD3 Development Limits SD4 General Development Principles SD7 Flood and Water Management LS4 South Tees Spatial Strategy ED6 Protecting Employment Areas N1 Landscape N2 Green Infrastructure N4 Biodiversity and Geological Conservation TA1 Transport and New Development ===== OTHER POLICY DOCUMENTS ===== South Tees Area Supplementary Planning Document ===== PLANNING HISTORY ===== [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]] Demolition of structures and engineering operations associated with ground preparation and temporary storage of soils and its final use in the remediation and preparation of land for regeneration and development Approved 27/09/19 [[R-2021-0057-VC-Officer Report|R-2021/0057/VC-Officer Report]] Variation of condition 2 of planning permission [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]] (demolition of structures and engineering operations associated with ground preparation and temporary storage of soils and its final use in the remediation and preparation of land for regeneration and development) to allow for additional storage mounds Approved 29/03/21 ===== RESULTS OF CONSULTATION AND PUBLICITY ===== The application has been advertised by means of a site notice and neighbour notification letters. As a result of the consultation period no written responses have been received ==== Environment Agency ==== No objection ==== Natural England ==== Natural England currently has no comment to make on the variation of condition 2. Should the proposal be amended in a way which significantly affects its impact on the natural environment then, in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, Natural England should be consulted again. Before sending us any further consultations regarding this development, please assess whether the changes proposed will materially affect any of the advice we have previously offered. If they are unlikely to do so, please do not re-consult us. ==== Network Rail ==== No further comments to make and no objection to the variation of this condition ==== Northern Gas Networks ==== No objections to these proposals, however there may be apparatus in the area that may be at risk during construction works and should the planning application be approved, then we require the promoter of these works to contact us directly to discuss our requirements in detail. Should diversionary works be required these will be fully chargeable. ==== SABIC Pipeline ==== The planning application referenced above will not affect SABIC’s high pressure ethylene pipeline apparatus. ==== Redcar and Cleveland Borough Council (Development Engineers) ==== No objections ==== Redcar and Cleveland Borough Council (Local Lead Flood Authority) ==== The LLFA would offer no objection to the proposed variation of condition 2. The FRA and Drainage strategy as updated shall be conditioned as approved documents and development shall be carried out in accordance. ==== Redcar and Cleveland Borough Council (Environmental Protection) (Contaminated Land) ==== No objections ==== Redcar and Cleveland Borough Council (Environmental Protection) (Nuisance) ==== No objections ==== Redcar and Cleveland Borough Council (Natural Heritage Manager) ==== No objection ===== CONSIDERATION OF PLANNING ISSUES ===== The main considerations in the assessment of the application are; * The principle of development * The impacts on the character and appearance of the area * The impacts on neighbour amenity * The impacts on highways safety * The impacts on Flood Risk * The impacts on Ground Conditions and Contamination * The impacts on Ecology The principle of development The principle of the proposed development was previously established as one that was considered acceptable through the granting of permission [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]]. The current application seeks to introduce a larger storage mound at one of the previously approved sites within the original red line application boundary. The principle of the development continues to be acceptable and the proposal accords with the aims of policies SD3, N2 and LS4 of the Redcar and Cleveland Local Plan and the South Tees SPD. The impacts on the character and appearance of the area The increased storage mound site is surrounded almost entirely by existing industrial land, much of which is vacant, and is likely to remain so for the medium term, as was the consideration in the determination of the original application. The provision of the larger mound is therefore considered to have limited impacts on the character and appearance of the area. While it is accepted that the development will alter the appearance of the site in the short/medium term, the changes are not considered to be so significant or detrimental to the area that would require planning permission to be refused. The proposal is suitable in relation to the proportions, massing, height, size, scale and the application would respect the character of the site and its surroundings. The application accords with part j of policy SD4 of the Redcar and Cleveland Local Plan. The impacts on neighbour amenity The application site is surrounded almost entirely by existing industrial land, much of which is vacant, and is likely to remain so for the medium term. Therefore, there are limited receptors whose amenity might be affected by the proposed development. The proposed larger storage mound is located in a location that has no direct impact on neighbouring residential properties. The potential for the proposed development to have an impact on amenity was considered from the perspective of the temporary storage mounds 3A and 3B when the original application was determined, with these being considered the only temporary storage mounds with potential receptors in their vicinity. The nearest residential receptor is an isolated dwelling approximately 200m north east of site 3A and 330m north east of site 3B. Given the distance between the dwelling and the mounds, and that the proposed mounds will be a maximum of 6m (site 3A) and 15m (site 3B) above existing ground level, there will be no material effects in terms of loss of sunlight or overshadowing onto that property. The current application does not seek to alter the mounds closest to the residential receptors. The development is therefore considered to have no significant adverse impact on the amenity of occupiers of existing buildings and the proposal accords with part b of policy SD4 of the Redcar and Cleveland Local Plan. The impacts on highways safety The proposed development involves the movement of large volumes of material to construct the mounds. However, the movement of the material is to take place solely on the private road network both within Wilton International and in to the STDC land. The vehicles movements therefore do not have any direct impact on the local highway network, and therefore there is no impact on local highway capacity. The applicants continue to propose a condition that should works require vehicles to travel on local road network an assessment of the impacts of transporting soils upon the public highway shall be prepared and submitted the Local Planning Authority. This is considered to be an acceptable position should there be an issue at any time with the internal road network. The application subject to conditions raises no issues in terms of highways safety and the application accords with part p of policy SD4 and policy TA1 of the Redcar and Cleveland Local Plan. The impacts on Flood Risk An updated Flood Risk Assessment (FRA) and Drainage Strategy Addendum (DSA) have been prepared to assess the impact of the larger storage mound on Flood Risk and Surface Water Management. The FRA and DSA confirm that all the temporary storage mound is located within Flood Zone 1. The FRA and DSA have been considered by both the Council as LLFA and the EA. Neither of these consultees has raised any objections to the information supplied, however it is requested that the FRA and addendum be conditioned as an approved documents which is considered to be appropriate. It is also noted that two conditions on the original approval will need to be updated to reflect the updated FRA and the location plan. The proposed development is therefore considered to comply with policy SD7 of the Local Plan. The impacts on Ground Conditions and Contamination The proposed storage and use of imported soils will form part of a suitable remediation process to render the wider STDC site suitable for use. Initial testing of the soils to assess its suitability for use as a capping material has previously been undertaken and it is confirmed that the material can be classified as inert and suitable for use within the development. A Materials Management Plan (MMP) will be produced, following the grant of planning permission, in accordance with the CL:AIRE Definition of Waste Code of Practice. This will require that the material brought to the site is subject to regular testing to ensure its suitability for use as a capping material. The MMP and associated Remediation Verification Plan (on a phase by phase basis) will ensure this analysis is undertaken. The MMP is regulated by the Environment Agency and is a legal requirement, with the onus being upon the developer to adhere to. The submitted RS has previously been considered by the Council’s environmental protection section who have raised no objection subject to suitable conditions. These conditions will remain extant on the approval and therefore the proposal accords with parts b d and n of policy SD4 of the Redcar and Cleveland Local Plan. Other Matters The draft conditions have been sent to the applicant for consideration and they have agreed to these. ===== CONCLUSION ===== For the reasons outlined above the proposal is considered acceptable. The development would not have a significant adverse impact on neighbour amenity and the proposal raises no issues in terms of highways safety or crime prevention. The scale and design is acceptable and the proposal would respect the character of the site and surroundings. The proposal accords with policies SD3 SD4 SD7 LS4 N1 N2 and N4 of the Redcar and Cleveland Local Plan. ===== RECOMMENDATION ===== Taking into account the content of the report the recommendation is to: GRANT PLANNING PERMISSION subject to the following conditions: 1. The development hereby approved shall be begun not later than 27/09/2022. REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Approved plans for application [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]] Drawing No. STDC-SCW-XX-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-NEZ-WA-PLA-0006 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-MR-PLA-0004 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0007 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-NEZ-WA-PLA-0005 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-LA-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-SB-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0006 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-NEZ-WA-PLA-0004 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-NEZ-WA-PLA-0003 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0005 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0004 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0003 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-WA-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-MR-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0001 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-WA-PLA-0002 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-MR-PLA-0002 received by the Local Planning Authority on 01/07/19 Drawing No. STDC-SIZ-GP-PLA-0002 received by the Local Planning Authority on 01/07/19 Approved Plans for application [[R-2021-0057-VC-Officer Report|R-2021/0057/VC-Officer Report]] Drawing No. STDC-SIZ-SB-PLA-0002 received by the Local Planning Authority on 21/01/21 Drawing No. STDC-SIZ-SB-PLA-0005 received by the Local Planning Authority on 21/01/21 Drawing No. STDC-SIZ-SB-PLA-0006 received by the Local Planning Authority on 21/01/21 Approved Plan for application [[R-2021-0316-VC-Officer Report|R-2021/0316/VC-Officer Report]] Drawing No. STDC-SCW-XX-PLA-0002 Rev B received by the Local Planning Authority on 19/05/21 Drawing No. STDC-SIZ-MR-PLA-0003 Rev A received by the Local Planning Authority on 14/04/21 REASON: To accord with the terms of the planning application. 3. With the exception of soils used to level ground required to host the temporary storage mounds hereby approved, all soils placed into the temporary storage mounds shall be used in operations associated with ground preparation and remediation works within 10 years of the date of planning permission. REASON: In the interests of amenity 4. The work will be carried out in accordance with the submitted flood risk assessment and drainage strategies (June 2019, Wood and January 2021, JBA) and consistent with the layout identified in Drawing No. STDC-SCW-XX-PLA-0002 Rev B Materials Storage Site Location Plan with mounds received by the Local Planning Authority on 19/05/21. The storage mounds must be sited exclusively in Flood Zone 1 REASON: To prevent flood flows from being displaced and prevent increased risk of flooding elsewhere. 5. The works carried out will be in accordance with the Flood Risk Assessment and Drainage Strategy Docs ref. 41825-WOOD-XX-XX-RPOW-0001_A_P01 including all appendices dated 01/07/2019, South Tees Site Company Stockpile 5, FRA and Drainage Strategy Addendum, First Issue, January 2021. (FAO-JABU-XX-TN-Z-0001-S30-P01South_Tees_Stockpile_5_FRA.docx) received by the Local Planning Authority on 21/01/21 and South Tees Site Company Stockpile 2, FRA and Drainage Strategy Addendum, First Issue, April 2021, (FAO-JBAUXX-XX-TN-Z-0002-S3-P01-South_Tees_Stockpile_2_FRA.docx) received by the Local Planning Authority on 14/04/21. REASON: To prevent increased risk of flooding 6. The approved remediation scheme must be carried out in accordance with its terms unless otherwise agreed in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a validation report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: 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 offsite receptors. 7. 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 in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared and submitted to and approved in writing to the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a validation report must be prepared, which is subject to the approval in writing of the Local Planning Authority. REASON: 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 offsite receptors. and part d conditions onto any planning permission which may be granted: 8. None of the soils placed into the temporary storage mounds hereby approved shall be transported upon the public highway network unless an assessment of the impacts of transporting soils upon the public highway network is prepared, submitted to and approved by the Local Planning Authority. Any such assessment shall include a transportation management scheme that identifies mitigation measures required to manage the movement of soils on the public highway network. Thereafter, any such transportation on the public highway shall be carried out in accordance with the approved transport management scheme. REASON: In order to ensure no adverse impacts arise on local amenity or the safe and effective operation of the public highway. 9. Prior to the final use of the soils in the implementation of this planning permission, further Ecological Assessment(s) shall be carried out and submitted to the Local Planning Authority in respect of those areas where the soils are to be used for ground preparation and remediation works. The Assessment (s) shall include up-to-date surveys that identify any priority habitats, ecological networks or protected and priority species. If significant harm to biodiversity cannot be avoided as a result of the final use of the soils, appropriate mitigation including by way of on or off-site compensatory provision, shall be identified in the Ecological Assessment and carried out within the timescales set out in the approved Assessment. REASON: In the interests of conserving biodiversity. 10. The development hereby approved shall be carried out in accordance with the Reptile Mitigation Strategy (October 2019, INCA) received by the Local Planning Authority on 10/10/19 to discharge conation 10 of application [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]]. REASON: In the interests of preventing harm to protected species 11. Prior to commencement of any phase of the movement of earth associated with the formation of the approved temporary storage mounds or its final use, a Construction and Environmental Management Plan (CEMP) for that phase shall be submitted to and approved in writing by the Local Planning Authority. The approved Plan shall be adhered to throughout the implementation of the permission. . The Plan shall provide details of the following; i) The parking of vehicles for site operatives and visitors; ii) Loading and unloading of plant and materials; iii) Storage of plant and materials used in constructing the temporary storage mounds; iv) Measures to control the spread of dirt and debris on the private road network; v) Methods of demolition of any structures to be demolished in order to form the approved temporary storage mounds; vi) Measures to control the emission of noise, dust and vibration during the formation of the temporary storage mounds. . vii) A scheme for recycling/disposing of waste resulting from demolition works that are required to form the approved temporary storage mounds. REASON: In the interests of neighbour amenity and maintaining good Air Quality ===== STATEMENT OF COOPERATIVE WORKING ===== Statement of Co-operative Working: The Local Planning Authority considers that the application as originally submitted is a satisfactory scheme and therefore no negotiations have been necessary. ===== INFORMATIVES ===== Informative Note: The Local Planning Authority acknowledge that Condition 11 (CEMP) of application [[R-2019-0427-FFM-Officer Report|R-2019/0427/FFM-Officer Report]] has been partially discharged in so far as it relates to Warrenby Site (3B). A CEMP will need to be submitted for the remaining storage areas to fully discharge the condition. Informative Note: The Local Planning Authority acknowledge that the required two weeks notice has been given in relation to Condition 6 of application [[this>Teesworks/Planning/R-2019-0247-FFM.|R/2019/0247/FFM.]] Condition 6 can however not fully be discharged until a validation/verification report is submitted to the Local Planning Authority following the completion of the works. Case Officer Mr D Pedlow Principal Planning Officer David Pedlow 19 May 2021 Delegated Approval Signature Claire Griffiths Development Services Manager 20/05/2021