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Report of the Chief Planning Officer PLANS PANEL (EAST) Date: 26th January 2012 Pre-application report (PREAPP/10/00520) – Recycling & Energy Recovery Facility on site of former Wholesale Market, Newmarket Approach, Cross Green

APPLICANT Veolia Environmental Services

DATE VALID N/A

TARGET DATE N/A

Electoral Wards Affected: Burmantofts & Richmond Hill Temple Newsam

Specific Implications For:

Equality and Diversity Community Cohesion

Yes

Ward Members consulted (referred to in report)

Narrowing the Gap

RECOMMENDATION: For Members to note the content of the report and presentation and to provide any comments on the proposals

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INTRODUCTION: Leeds City Council (LCC), as waste disposal authority, and Veolia Environmental Services (VES) entered into an agreement in November 2011 concerning the design, construction, funding and operation of a suitable waste management facility and the delivery of services in accordance with the terms of a Private Finance Initiative (PFI) contract. The purpose of this presentation from VES is to inform Members of the anticipated submission of a planning application for the chosen waste treatment technology solution - an Energy Recovery Facility (ERF) - and to seek Members’ views on the proposals before the planning application is formally submitted to Leeds City Council later in the year.

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A visit to VES’s Sheffield ERF was undertaken by Members and Officers in November 2010 to gain experience of the operations and the processes involved. Following this visit, an Officer from the Environment Agency attended Plans Panel (East) in January 2011 to provide a summary of the Agency’s Regulatory, Monitoring and Permitting role and to answer Members’ questions on the subject.

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PROPOSAL: The planning application will propose the construction and operation of an ERF with a design capacity of around 180,000 tonnes per annum (tpa). The ERF would primarily accept and treat all of the Leeds district’s municipal ‘black bin’ (residual) waste estimated to be around 150,000 tpa. The 30,000 tpa shortfall would be made up of non-hazardous commercial and industrial wastes. VES have termed the development a Recycling and Energy Recovery Facility (RERF) for the reason that the facility would comprise two integrated treatments. The first is a Mechanical Pre-Treatment facility to remove recyclable materials left in the residual waste. The second is incineration where the waste left over would be burnt under controlled conditions using proven energy recovery technology, to supply around 11 Megawatts of electricity to the national grid. It would also have the potential to supply heat to suitable external users. The RERF would operate continuously, except during periods of planned maintenance. Combustion gases would pass via a gas scrubbing system and filters to a 75 metre high (above existing ground levels) chimney stack, which would be partially incorporated into the main building. The indicative layout of the RERF proposes the two buildings next to each other, separated only by an elevated drainage channel, to ensure all waste operations take place inside. The gross floorspace of the buildings and structures would be approximately 7,700m2. The site, as a whole, would extend to an area of approximately 3.3 hectares. The planning application will also include integrated office space; a bottom ash storage facility; an external conveyor; a gatehouse; weighbridges; an internal road system, parking, landscaping and lighting. It is also likely that a pedestrian and cycle way will be included together with a green corridor. Access to the facility would be taken from Pontefract Lane via Newmarket Approach. Not only would the proposed RERF require planning permission but it would also require an Environmental Permit (EP) from the Environment Agency (EA), pursuant to the Environmental Permitting Regulations 2010. The planning and environmental permit applications would be submitted to run in parallel.

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SITE AND SURROUNDINGS: The proposed RERF site occupies an area of approximately 3.3 hectares at the Former Wholesale Market site in Cross Green. The site is located to the east of Newmarket Approach, to the north of the A63 and just over 3km to the east of Leeds City Centre. In terms of the general locality, Halton Moor lies northeast of the proposed site. Osmondthorpe lies to the north-east and north of the site and East End Park and Burmantofts lie to the north. Richmond Hill is located to the north-west, and Cross Green to the south and south-west.

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The development site is owned by LCC and is allocated as a Strategic Waste Site (ref. 201) in the Natural Resources and Waste Development Plan Document (NRWDPD). It comprises the southern half of a large flat area of concrete hardstanding formerly occupied by a wholesale market and which has been used most recently for a weekly car boot sale. The site is currently vacant and largely cleared of buildings and vegetation apart from some trees along the southern boundary. A gatehouse, substation and lampposts are the only above ground structures remaining on the site. The site is bounded on three sides by roads – to the west by Newmarket Approach, to the east by Newmarket Lane and to the south by the A63. Beyond the vacant northern half of the former wholesale market site is a cycleway that runs from east to west connecting Halton Moor Road with the A63. Beyond the cycleway is an area of land in LCC ownership occupied by a warehouse owned by Cover Structure Ltd. Beyond the cycleway to the north east of the site is a recreational area, which is overlooked by residential properties on Neville Close. The closest residential properties to the development site are located in Halton on Halton Moor Road, Neville Approach and Neville Close, being approximately 300 metres to the north east. Further to the north of the site is a railway maintenance depot and sidings, which is disused and is designated as a Nature Area. Land immediately to the west, east and south of the site is occupied by the industrial units and warehouses of the Cross Green Industrial Estate. To the north west are allotment gardens. Beyond this is the East Leeds Cricket Ground and the playing fields at Copperfield College to the southwest. The nearest residential properties north west (East End Park) and west (Cross Green) of the site are located approximately 540 metres and 500 metres away respectively. The site lies within an area of predominantly flat land but rising gently to the north. There are no water bodies present on the site or within the immediately surrounding area, the nearest being the River Aire and Wyke Beck, which run approximately 1km to the west and 800m to the east of the site respectively. The site is located within the Burmantofts and Richmond Hill Ward but is also close to the western boundary of Temple Newsam Ward.

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COMMUNITY CONSULTATION In addition to the public consultation already carried out, VES have conducted / are to conduct the following communications work for the proposed RERF development: Briefings for local Members; Distribution of 11,500 leaflets and exhibition flyers, with covering letter, mailed to residents on 30th December 2011; 270 similar packs mailed to community stakeholders, Cross Green Industrial Estate businesses and Statutory Consultees on 30th December 2011; 15 community groups emailed to request contact name and mailing address for leaflet / exhibition pack (including NO2Incinerator, Friends of East End Park and Friends of the Earth);

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Briefings arranged in January 2012 for Alec Shelbrook MP and Hilary Benn MP; Drop-in sessions arranged and exhibition flyers sent to venues for display. Flyers to also be delivered to all Leeds libraries, One Stop Shops, Community Centres and local shops and health centres; Further meetings to be arranged with local education establishments including Leeds University, Leeds City College and Leeds Building College; The project website is now live (www.veoliaenvironmentalservices.co.uk/Leeds) and helpline service; Advertorials planned for circulation on 12th, 18th and 19th January 2012 (published in Yorkshire Evening Post and Leeds Weekly News Group & online websites); Currently seeking a Community Liaison Group Chairperson and inviting interest from local residents, representatives from local groups who may be interested in sitting on the Group; and, Press releases issued and coverage received in Yorkshire Evening Post, specifically calling for community representatives and promoting the planned drop-in sessions.

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MATTERS FOR CONSIDERATION The prospective applicant will provide a pre-application presentation to Members on the proposed RERF development. As the planning application is anticipated to be submitted later this year, Members are asked to provide comments regarding the proposed RERF development. The following issues have been identified as being matters which Members may wish to consider in relation to this proposal:• • • • • • • • Principle of development; Air Quality; Noise & odour; Cultural Heritage; Highways & access; Landscape & Visual Amenity; Design and appearance; and Employment.

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Principle of development Members will be required to consider the prospective planning application having regard to the development plan, and to make a determination in accordance with it, unless material considerations indicate otherwise. The Development Plan for the area currently includes the following: • • • Yorkshire and The Humber Plan (Regional Spatial Strategy) 2008 (RSS); Saved policies of the Leeds Unitary Development Plan Review (2006); Leeds Local Development Framework (LDF) Core Strategy Preferred Approach (2009); and,

Leeds LDF Natural Resources and Waste Development Plan Document 2012 and Schedule of Changes (2011).

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National planning guidance comprising Planning Policy Statements (PPS), Planning Policy Guidance Notes (PPG) and associated Companion Guides will also be relevant when considering the prospective planning application. These are as follows: • • • • • • • • • • • • • • PPS 1 – Delivering Sustainable Development (2005); PPS 1 Supplement – Planning and Climate Change (2007); PPS 4 – Planning for Sustainable Economic Growth (2009); PPS 5 – Planning for the Historic Environment (2010); PPS 9 – Biodiversity and Geological Conservation (2005); PPS 10 – Planning for Sustainable Waste Management (2005); PPS 10 – Planning for Sustainable Waste Management (March 2011 (updated)); PPS 10 – Companion Guide (2005); PPG 13 – Transport (2011); PPS 23 – Planning and Pollution Control (2004); PPG Note 24 – Planning and Noise (1994) ; The National Waste Strategy for England plus Annexes (2007); Government Review of Waste Policy in England 2011; and, Designing Waste Facilities (DEFRA) (2008).

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Waste legislation and guidance will also be relevant when considering the prospective planning application, as follows: • • • • • • • • • • • • European Union Waste Framework Directive (75/442/EEC amended 91/156, 91/692 and 96/350); European Union Council Directive 1999/31/EC of 26 April 1999 on the Landfill of Waste; European Union Council Directive on Integrated Pollution Prevention and Control (IPPC) (2008/1/EC); European Union Waste Incineration Directive (2000/76/EC); European Union Directive on Industrial Emissions (2010/75/EU); European Union Directive 2006/12/EC of the European Parliament and of the Council on Waste; European Union Directive 2008/98/EC of the European Parliament and the Council of 19 November 2008 on Waste; The Landfill (England and Wales) Regulations 2002; The Hazardous Waste (England and Wales) Regulations 2005; Landfill Allowance Trading Scheme (LATS); EU Directive 2009/28/EC of the European Parliament and Council on the promotion of the use of energy from renewable sources (amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC); and, Leeds Waste Strategy 2005 – 2035 (2006).

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Air Quality The assessment of impacts upon air quality will be an important consideration and the expert advice of the Environment Agency, Environmental Health and the Health Protection Agency will be required.

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As part of the Environmental Impact Assessment, the dispersion of stack emissions from the facility will be modelled as part of a rigorous air quality assessment. In summary:• • • • the facility would be required to operate in accordance with statutory emission limits (Waste Incineration Directive (WID) limits) and UK Air Quality Standards that are protective of human health; high temperature thermal treatment would be employed to destroy pollutants in the waste; continuous emissions monitoring would be required to ensure limits are not exceeded; there would be integral flue gas treatment systems to reduce pollutants to levels that have been set to avoid human health effects.

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Highways & access Vehicular access into the site would be taken via the existing main access off Newmarket Approach, to the west of the site, which links directly to Pontefract Lane (A63) to the south. Waste would be delivered to the site only via authorised vehicles. A full Transport Assessment will be provided within the Environmental Impact Assessment in support of the application. The anticipated daily HGV movements of the operational RERF would be around 70 in and 70 out. Landscape & Visual Amenity Due to the scale of the facility, the assessment of impacts upon landscape and visual amenity will be an important consideration. In conjunction with the design of the facility, it is understood that the proposals will include the following:• • • • • • • • landscaping, hedge and tree planting around the perimeter of the site to a planting width of least 10m; around the entrance to the facility and car parking area would be a mixture of green paving and planting; along the south western boundary of the site there would be tree planting, with existing trees being retaining where practicable; the southern façade of the EFW building would comprise a ‘green wall’ and adjacent to this, along the southern boundary, will be a wetland (water treatment area), landscaped with wetland plants; along the eastern boundary of the site will be tree planting and a wetland (water treatment area); along the northern boundary of the site would be further tree planting and landscaped area to soften the appearance of the bottom-ash storage building; the perimeter of the site would be secured with fencing; and, pedestrian walkways and cycle paths would be provided.

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Noise It is anticipated that the proposed facility would operate on a 24 hour basis, 7 days per week. However, the majority of vehicle movements would be during the day, Monday to Saturday. All incoming vehicles would unload within the tipping hall of the facility. Cultural Heritage The Temple Newsam Estate lies approximately 3km to the east of the site. Any potential impacts upon this and any other local heritage sites will need to be thoroughly assessed.

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Design and Appearance The proposed site comprises two main buildings. The ERF building is the taller of the two at 42m high and would be an arched structure with a convex roof form. It would be constructed from a timber and laminated timber frame and clad in a combination of translucent polycarbonate panels, glazing, open mesh and profiled metal cladding. A ‘green wall’ would cover a significant part of the southern façade of the ERF building. A slimline flue stack at 75m high would be integral to the facility, the bottom 42m of which would be incorporated into the eastern part of the ERF building. The MPT building would be approximately 15m in height and comprise a largely rectangular form. It would be constructed from a timber frame, translucent polycarbonate panels and profiled metal cladding. The MPT building would have a ‘saw-tooth’ roof form in order to take advantage of natural light. The proposal will aim to minimise building and operational footprints in order to maximise future development opportunities on the remainder of the former wholesale markets site. Employment It is anticipated that around 355 jobs would be created during the construction phase of the project (300 direct / 55 indirect) and 321 during the operational / contractual period (43 direct / 278 indirect). The applicant is committed to hiring locally and to support this they have commenced discussions with local colleges and employment agencies to help train the potential future workforce. The applicant would supply apprenticeships, work placements and work experience places across a range of disciplines to help support local employment.

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CONCLUSION Members are requested to consider all the matters raised within this report and during the presentation in order to provide VES and officers with appropriate comments and / or advice on the proposal.

Background Papers: PREAPP/10/00520 Scoping Opinion dated 18th August 2010 Letter relating to Scoping Opinion dated 1st October 2010.