Planning Application ref 40894-08 - leachate treatment plant at

							HERTFORDSHIRE COUNTY COUNCIL                                          Agenda No.
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 10 JUNE 2008, AT 10.00 A.M.
                                                                          4
EAST HERTS DISTRICT

APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A
LEACHATE TREATMENT FACILITY, CONTROL ROOM AND ASSOCIATED
PLANT FOR DISHCARGE TO SEWER AT WESTMILL LANDFILL SITE,
WESTMILL ROAD, NEAR WARE, SG12 0ES.

Report of the Director of Environment

Author: Conor Guilfoyle                    Tel: 01992 588 670

Local Member: David Beatty

1.      Purpose of Report

1.1     To consider planning application ref 4/0894-08 for the construction and
        operation of a leachate treatment facility, control room and associated
        plant for discharge to sewer at Westmill Landfill Site, Westmill, Ware,
        SG12 0ES.

2.      Summary

2.1     This application seeks planning permission for a leachate treatment
        facility, control room and associated plant at Westmill Landfill site. The
        proposed facility would avoid the need to tanker leachate off site to a
        licensed treatment facility i.e. a sewage treatment works. The main
        objective of the plant is to reduce ammonia levels by 90% prior to
        discharge to sewer. It would also reduce the levels of dissolved
        methane, dissolved organic matter, and odours.

2.2     The facility would have a development footprint measuring 38m x
        17.5m (approx), and would be secured by a 2m high black palisade
        fence. It would be located adjacent to the existing quarantine building,
        which is used to isolate unsuitable waste types brought into site. The
        facility would be required beyond the lifespan of the landfill operations
        for a minimum period of 30 years, but would be removed and the land
        restored once the need for leachate treatment has ceased. The
        treatment facility would be automated and operational 24 hours a day,
        7 days a week, with minimal noise impact.

2.3     The facility would have an approximate construction period of 8 weeks,
        during which approximately 46 Heavy Goods Vehicle (HGV)
        movements (23 in, 23 out) would be required. The hours of
        construction would typically be 07.00 to 20.00 hours Monday to Friday
        and 07.00 to 17.00 hours on Saturdays with no Sunday working. In



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        addition, approximately 8 contractor vehicle movements would be
        required daily until construction of the facility is complete.

2.4     The principal issues to be taken into account in determining this
        application are:
            location within the Green Belt
            visual impact on the openness of the greenbelt.
            odour


3.      Conclusion

3.1     The need for the proposed facility in conjunction with the landfill
        constitutes very special circumstances as to why the facility should be
        constructed in the Green Belt. It would have minimal visual impact and
        is not in the immediate vicinity of any residential properties.

3.2     It is therefore concluded that the Director of Environment should be
        authorised to grant planning permission subject to conditions to
        include:

                i.    time limit for commencement;
               ii.    duration of development;
              iii.    contractors hours of working;
              iv.     location of contractor parking and compound area;
               v.     hours during construction;
              vi.     vehicle movements;
             vii.     odour;
             viii.    restoration of the land.




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4.      Description of the site and proposed development

4.1     The site is located along the boundary of the A602 and A10 roads on
        the northwestern edge of Ware. It is also bounded by a small business
        park to the south and Westmill Quarry to the north. The nearest
        residential properties are located in Downfield Court, 520 metres north-
        east of the application site.

4.2     The site covers an area of 665 m2. Existing buildings on the site
        include associated plant for landfill operations and site office
        accommodation.

4.3     The facility would have a development footprint measuring 38m by
        17.5m. The plant would consist of:
            three horizontally placed cylindrical Glass Reinforced Plastic
              (GRP) batch reactors measuring approximately 23m in length x
              4.5m in height x 4m in width.
            a GRP leachate balancing tank measuring approximately 6m in
              height and 4m in diameter;
            a GRP effluent balancing tank measuring approximately 4.4m in
              height and 4m in diameter;
            a brick built bund wall approximately 0.5m high;
            steel access ladders and platforms rising to a further metre
              above the tanks;
            a control room consisting of an ISO container measuring 5.4m
              by 2.9m and 2.8m in height; and,
            a laboratory consisting of an ISO container measuring 5.4m by
              2.9m and 2.8m in height.

4.4     The facility would be secured through the provision of a 2m high
        palisade fence.

4.5     The facility would treat all the leachate currently produced by the site,
        (approximately 50 m3 per day) with a capacity of up to 75 m3 per day. It
        would be automated, operating 24 hours a day, 7 days a week.

4.6     The treatment plant would be removed from the site and the land
        restored in keeping with the overall restoration scheme for the site
        when the Environment Agency are satisfied that the treatment of
        leachate is no longer required. It is estimated that the treatment facility
        will be required on site for a minimum of 30 years.

4.7     The main objective of the plant is to reduce ammonia to a level below
        the discharge consent level. This would be achieved by the use of
        aerobic nitrifying bacteria which convert ammonia via nitrite into nitrate.
        The process provides other beneficial effects including the reduction of
        dissolved organic matter, the reduction of dissolved methane to safe
        levels for sewer discharge, and the removal of sulphides and significant
        reduction of odours.


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4.8     Leachate would be pumped to the sequencing batch reactors (SBR)
        tanks via a balancing tank and the tanks would be fitted with float
        controls to prevent overflowing and to switch off the pump when the
        tank is full. The leachate is treated to remove contaminants to
        acceptable levels. In order for the nitrifying bacteria to thrive they need
        dissolved oxygen, good mixing, heat, food, and alkaline conditions,
        which would be provided by the aeration system. The ammonia in the
        leachate effectively acts as their food source. The leachate itself is
        alkaline but it may be necessary to supplement the alkalinity by dosing
        with caustic soda solution.

4.9     It is estimated construction traffic would equate to approximately 46
        Heavy Goods Vehicles (HGV’s) (23 in, 23 out) over a period of
        approximately eight weeks. The hours of construction would typically
        be 07.00 to 20.00 hours Monday to Friday and 07.00 to 17.00 hours on
        Saturdays with no Sunday or bank holiday working. The maximum
        number of HGVs visiting the site on any one day is likely to be ten
        during the laying of the concrete (20 movements). In addition
        contractors would visit the site on a daily basis and it is anticipated this
        would equate to 4 light vans (8 vehicle movements) each day until
        construction of the facility is complete.

4.10 When the facility is constructed and operational, vehicle movements
     would be negligible and limited to maintenance visits by light vans on a
     weekly basis, or less frequently as and when required.

4.11 The proposed facility would enable leachate to be discharged faster,
     reducing the volume of untreated leachate present within the landfill
     site at any one time, therefore minimising odour generated by
     untreated leachate. The facility would effectively treat leachate prior to
     discharge to the sewerage network

4.12 There is an existing PPC (Pollution Prevention and Control) permit for
     Westmill Landfill. Any new facility would also be subject to the
     requirements of this permit.


5.      Consultations

5.1     East Herts District Council have no objections

5.2     Thundrige Parish Council and Hertford Town Council have no
        objections

5.3     Hertfordshire County Council as Highways Authority does not wish to
        restrict the grant of permission.




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5.4     1 property was consulted on the application and no letters objecting to
        the application were received.

        A site notice was erected on 6th May and an advert placed in the
        Hertfordshire Mercury on 16th May 2008.

6.      Planning Considerations

6.1     The relevant development plan policies are included in Appendix 1 and
        listed below:

        Hertfordshire Waste Local Plan 1995-2005, adopted January 1999
        Policy 1 (sustainable development),
        Policy 2 (need for waste management facilities),
        Policy 25 (Difficult and Special Wastes)

        East Herts Local Plan Second Review, Adopted April 2007
        Policy GBC1 (Appropriate Development in the Green Belt)

6.2     The principal issues to be taken into account in determining this
        application are:
             location within the Green Belt
             visual impact on the openness of the greenbelt.
             odour

6.3     Policy GBC1 of the East Herts Local Plan requires very special
        circumstances to be demonstrated that clearly outweigh the harm of
        the proposal by reason of inappropriateness or any other harm. The
        principle for development in the Green Belt has already been
        established with the existing landfill and mineral operations underway
        at the site. The strength and volume of leachate is increasing, as is
        usual at the present stage of the landfill operation. Accordingly, further
        treatment capacity is required to protect water from increased ammonia
        levels, which would need to be tankered off site to be treated. The
        facility would outweigh any harm to the Green Belt by way of treating
        the leachate on site, and enabling it to be discharged to foul sewer.

6.4     The development would also have minimal visual impact on the
        openness of the green belt due to the existing operations on site. The
        facility would be shielded by an existing bund to the rear, and is located
        adjacent to existing plant and compound facilities associated with the
        landfill and mineral works. It would not be visible from the road, nor
        would it be visible to the nearest residents. Additonally, given the
        temporary nature of the facility, it is not considered to adversely impact
        permanently upon the openness of the Green Belt by way of
        inappropriateness or other harm.

6.5     Policy 1 of the Hertfordshire Waste Local Plan describes criteria for
        which the county council will have regard to in terms of sustainable
        development. The proposal satisfies these criteria in terms of


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        sustainability by conservation of water resources from increased
        ammonia levels, reducing water pollution, and eliminating travel
        distances involved in treating the leachate elsewhere. Additionally, the
        council seeks to give preference to developments such as this,
        whereby the facility is as close as practicable to the origin of the waste.
        This avoids the need to tanker leachate off-site to suitable facilities.

6.6     The leachate levels at Westmill landfill site are increasing, as is usual
        at this stage of the landfill operation. Therefore, there is a clearly
        established need for additional leachate treatment capacity and
        facilities, as is required by Waste Policy 2 of the Hertfordshire Waste
        Local Plan. Subsequently, the need appropriate to this landfill
        operation also complies with the criteria for Waste Policy 25.
        Additionally, policy 25 states that environmentally acceptable facilities
        such as the treatment facility should be provided where difficult and
        special wastes arise. This is highlighted by the fact that alternative
        treatment options would involve additional vehicle movements to tanker
        leachate off-site.

6.7     In terms of odour concerns, the proposed facility would enable
        leachate to be discharged faster, reducing the volume of untreated
        leachate present within the landfill site at any one time thus minimising
        odour generated by untreated leachate. The enclosed cylinders and
        tanks minimises odour release from the facility. As the leachate levels
        are currently increasing in both volume and strength, odour problems
        could worsen if not tackled. Without the increased leachate treatment
        capacity provided for by the proposed facility, the additional untreated
        leachate will need to stored on-site, until such time that it can be
        tankered elsewhere to be treated. Therefore, the proposal should
        reduce odour by way of treating leachate and enabling discharge to
        foul sewer as soon as is possible.


7.      Conclusions

7.1     The proposed facility would have minimal visual impact and is not in
        the immediate vicinity of any residential properties. By treating the
        leachate at source, the development would be sustainable and reduce
        vehicle movements. It is considered that very special circumstances
        exist to outweigh the fact that the proposal is inappropriate
        development in the Green Belt.

7.2     The report therefore concludes that the Director of Environment be
        authorised grant planning permission subject to conditions to include
        the following;

                i.    time limit for commencement;
               ii.    duration of development;
              iii.    contractors hours of working;
              iv.     location of contractor parking and compound area;



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               v.     hours during construction;
              vi.     vehicle movements;
             vii.     odour;
             viii.    restoration of the land.


8.      Financial implications

8.1 Planning applications should be determined on the basis of material
    planning considerations, and not on the basis of their financial
    implications for the County Council. However, it is a requirement of the
    County Council to advise all Committees and Sub-Committees of the
    financial implications that may arise from a decision of the Committee.

8.2 If a planning application is refused, is determined differently than applied
    for or is not determined within a specific period, the applicant has a right
    of appeal. Any appeal would result in additional costs, which in part can
    be met from existing budget provisions. However, a major public inquiry
    may give rise to significant costs for which there is no specific budget
    provision. If the County Council refuses an application without
    reasonable planning grounds on which to base its decision, it may be
    liable to pay the costs of the applicant in contesting the appeal.



Background information used by the author in compiling this report

Planning application reference 3/0894-08
Relevant policy documents




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Appendix 1 – Relevant development plan policies


Hertfordshire Waste Local Plan 1995-2005, adopted January 1999

WASTE POLICY 1

IN IDENTIFYING LAND OR CONSIDERING PROPOSALS FOR WASTE
MANAGEMENT DEVELOPMENT, THE COUNTY COUNCIL WILL HAVE
REGARD TO THE EXTENT TO WHICH THE DEVELOPMENT IS
SUSTAINABLE IN FORM AND LOCATION AND HELPS TO CONSERVE
RESOURCES OF LAND, WATER, MATERIALS, ENERGY AND THE
ENVIRONMENT AND MINIMISES TRAFFIC CONGESTION, TRAVEL
DISTANCES, WASTE GENERATION AND POLLUTION. THE COUNTY
COUNCIL IN DEALING WITH WASTE MANAGEMENT WILL GIVE
PREFERENCE TO THE LOCATION OF WASTE RECYCLING, HANDLING,
REDUCTION AND DISPOSAL FACILITIES AS CLOSE AS PRACTICABLE
TO THE ORIGIN OF THE WASTE.


WASTE POLICY 2

THE ESTABLISHMENT OF FACILITIES FOR HANDLING, TRANSFER,
TREATMENT AND DISPOSAL OF WASTE (WASTE MANAGEMENT
FACILITIES) WILL BE SUPPORTED PROVIDED THAT IN ORDER TO
ACCOMMODATE THE EQUIVALENT OF HERTFORDSHIRE’S OWN
WASTE ARISINGS, THERE IS A CLEARLY ESTABLISHED NEED FOR
ADDITIONAL CAPACITY AND FACILITIES OF THE KIND THAT THE
PROPOSED DEVELOPMENT WOULD PROVIDE, WHICH OUTWEIGHS
ANY MATERIAL AGRICULTURAL, LANDSCAPE, CONSERVATION OR
ENVIRONMENTAL INTEREST AFFECTED BY THE PROPOSAL.

APPLICATIONS WHICH WOULD NOT MEET THE ENVIRONMENTAL AND
PLANNING STANDARDS CONTAINED IN OTHER POLICIES OF THE
DEVELOPMENT PLAN, INCLUDING THOSE RELATED TO QUALITY OF
DESIGN WILL NOT BE PERMITTED.


WASTE POLICY 25
WHEN CONSIDERING APPLICATIONS FOR THE HANDLING, TRANSFER,
TREATMENT, PROCESSING OR DISPOSAL OF DIFFICULT AND SPECIAL
WASTES THE COUNTY COUNCIL WILL HAVE PARTICULAR REGARD TO
THE NEED TO ENSURE THAT THERE IS ADEQUATE PROVISION OF
ENVIRONMENTALLY ACCEPTABLE FACILITIES (WITHIN
HERTFORDSHIRE OR ELSEWHERE) TO PROVIDE FOR DIFFICULT AND
SPECIAL WASTES ARISING WITHIN HERTFORDSHIRE. ANY PROPOSAL
WILL NEED TO STATISFY THE REQUIREMENTS OF WASTE POLICY 2.




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THE COUNTY COUNCIL WIL ONLY PERMIT THE HANDLING, STORAGE,
TREATMENT, PROCESSING AND DISPOSAL OF DIFFICULT AND
SPECIAL WASTES WHERE IT IS SATISFIED THAT:

I) EITHER THE WASTE(S) CONCERNED WOULD ARISE LARGELY
WITHIN HERTFORDSHIRE OR THE FACILITY WOULD FORM PART OF A
REGIONAL OR NATIONAL STRATEGY FOR DEALING WITH THE
WASTE(S) CONCERNED TO WHICH THE COUNTY COUNCIL HAS
AGREED;

II) THE PROPOSED MEANS OF HANDLING, STORAGE, TREATMENT,
PROCESSING AND DISPOSAL AND THE PROPOSED FACILITIES ARE
APPROPRIATE TO THE NATURE AND HAZARDS OF THE PARTICULAR
WASTE(S) CONCERNED.

THE COUNTY COUNCIL WILL ENCOURAGE THE RE-USE AND
RECYCLING OF DIFFICULT AND SPECIAL WASTES WHERE THERE ARE
SUITABLE FACILITIES AVAILABLE.



East Herts Local Plan Second Review, Adopted April 2007

Policy GBC1: Appropriate Development in the Green Belt

Within the Metropolitan Green Belt, as defined on the Proposals Map, permission will
not be given for inappropriate development unless very special circumstances can
be demonstrated that clearly outweigh the harm by reason of inappropriateness or
any other harm.

The construction of new buildings on land falling within the
Green Belt will be inappropriate unless it is for the following
purposes:

(a) agriculture or forestry;

(b) essential small scale facilities for outdoor sport and outdoor recreation;

(c) essential facilities for cemeteries and other uses of land which preserve the
openness of the Green Belt and do not conflict with the purposes of including land in
the Green Belt;

(d) limited extensions or alterations to existing dwellings in accordance with Policy
ENV5;

(e) replacement dwellings in accordance with Policy HSG8;

(f) limited infill development in Category 2 villages, in accordance with policy OSV2
(II);

(g) small scale affordable housing for local needs within existing rural settlements in
accordance with Policy HSG5 and Policy OSV3;


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(h) the adaptation and re-use of rural buildings in accordance with Policies GBC9
and GBC10;

(i) limited infilling or redevelopment of ‘Major Developed Sites’, identified on the
Proposals Map, in accordance with Policy GBC4.

The material change of use of land or engineering operations within the Green Belt
will be inappropriate unless they maintain openness and do not conflict with the
purposes of including land in the Green Belt.




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