application no: 16/0019/stmajw validation date: 02 … 16_0019... · (nls) ceased generating...

APPLICATION NO: 16/0019/STMAJW VALIDATION DATE: 02 March 2016

DISTRICT REF: S16/0546/CM

APPLICANT: Magnox Limited

SITE: Berkeley Decommissioning Site, Hamfield Lane, Berkeley GL13 9PA

PROPOSAL: Variation of condition 8 (Importation of Waste Material) of planning consent 14/0001/STMAJW dated 18/03/2014 to allow the importation of packaged wastes from Oldbury Nuclear Power Station for interim storage in the Intermediate Level Waste Store at Berkeley Nuclear Licensed Site.

PARISH OF: Ham and Stone SITE AREA: 5.48 ha

GRID REF: E: 366011 N: 199486

RECOMMENDED: that permission to vary planning condition 8 of planning consent 14/0001/STMAJW is GRANTED for the reasons set out in this report and subject to the planning conditions set out in section 8.0.

1.0 SITE DESCRIPTION

1.1 The 5.48 ha application site forms part of the 90 ha former Berkeley nuclear power generation station site and comprises the interim storage facility (ISF) and access to it from the site entrance. The surrounding nuclear licensed site (NLS) ceased generating electricity in 1989 and the buildings and the site are now in the “Care and Maintenance” preparations phase which is expected to continue until 2021. The majority of the work during this period is the recovery of intermediate level waste (ILW) from the waste vaults and placing in the ISF, specifically constructed for this purpose. The site and any structures that remain will be kept in a passive safe state. This will allow radiation levels within buildings such as the reactor safestores to naturally decay over time resulting in simpler and more cost-effective decommissioning at final site clearance. The final decommissioning phase involves the stored waste being dispatched to its final destination when this becomes available.

1.2 Planning permission for the ISF was granted in 2007 and has been operational since early 2014. The ISF lies within the north-eastern part of the Berkeley NLS, approximately 70 metres to the north of the more westerly of the two decommissioned reactors. Former offices and laboratories lie beyond the reactor buildings approximately 260 metres to the south of the proposed store and are being developed as the new Berkeley Green Campus for Stroud and South Gloucestershire College to provide a focus on low-carbon energy generation, engineering and technology. A sports and social club is located to the east of the ISF and north of the site entrance, but is not part of the application site or the NLS.

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1.3 The Berkeley NLS is located approximately 5 kilometres North West of Junction 14 of the M5 motorway and 4.5 kilometres west of the A38 Gloucester to Bristol road. The small town of Berkeley is 2 kilometres to the east and Sharpness is 3 kilometres to the north. The application site is accessed from a private site road that leads off Hamfield Lane. Hamfield Lane runs east of the application site towards the village of Ham, located 885 metres south of Berkeley town. The application site is 7.5 kilometres north east of the Oldbury NLS near Thornbury which closed in February 2012. Oldbury, like Berkeley NLS is in preparation for the “Care and Maintenance” phase.

1.4 The nearest residential property is at Hamfield Farm, which lies approximately 550 metres to the east of the application site. Hamfield Cottages lie a further 250 metres to the east of Hamfield Farm on the south side of Hamfield Lane.

1.5 The high water mark of the Severn Estuary lies approximately 80 metres to the west of the application site. The surrounding areas are important in the UK for nature conservation supporting a wide variety of nationally and internationally important habitats and species. The Estuary is designated as a Site of Special Scientific Interest (SSSI), a wetland of international importance (Ramsar site) and a Special Protection Area (SPA) for birds. It is a European Marine Site and forms part of a network of wildlife sites across Europe known as ‘Natura 2000’. The Severn Estuary is also being considered as a Special Area of Conservation (SAC).

2.0 PROPOSALS

2.1 This application has been made under Section 73 of the Town and Country Planning Act 1990 to amend Condition 8 of 14/0001/STMAJW which only permits waste from the Berkeley site to be placed in interim storage in the existing ISF on the Berkeley NLS. The proposed variation of Condition 8 would permit the importation of waste material from Oldbury NLS. The purpose is to avoid the need to build an ISF at Oldbury by using some spare capacity with the existing building at Berkeley. The waste would be stored on the site until a long term underground storage solution becomes available as part of the national strategy of storing nuclear waste.

Existing Condition 8

2.2 The existing Condition 8 wording proposed to be varied is:

The Intermediate Level Waste Storage Facility hereby permitted shall only be used for the storage of Intermediate Level Waste materials arising from the Berkeley Nuclear Licensed Site and there shall be no importation of any waste materials to the Berkeley Nuclear Licensed Site at any time.

Reason: To define the scope of this consent and to protect the amenity of the local environment and in accordance with Policies 33 and 37 of the Gloucestershire Waste Local Plan.

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Proposed Condition 8

2.3 The Applicant proposes the following variation:

The Intermediate Level Waste Storage Facility hereby permitted shall only be used for the storage of Intermediate Level Waste materials currently stored at, or to be generated at, the Berkeley and Oldbury Nuclear Licensed Sites. Other than Intermediate Level Waste from Oldbury NLS there shall be no importation of any waste materials to the Berkeley Nuclear Licensed Site at any time.


Transportation Details

2.4 The transfers of ILW packages will take place over a period of around two years on a campaign basis, i.e. there will be periods when transfers take place and periods when no transfers take place. The Applicant estimates a maximum of 130 packages of ILW could be accommodated with the spare capacity available within the ISF. This will include a small number of packages which have already been imported to Oldbury from Sizewell ‘A’ and Dungeness ‘A’ sites. There is only likely to be 10 such packages out of 130 packages from Oldbury which is relatively small. There would be a maximum of two HGV deliveries to Berkeley site per day (weekdays only) during the campaigns. On average over the two year period there would be considerably fewer than two deliveries per day.

2.5 The HGV transfer route from Oldbury would be via the A38 to Berkeley Heath or Alkington Lane (depending upon the route agreed with GCC), the B4066 to Berkeley town, through Berkeley town and onward to the Berkeley NLS along Lynch Road and Hamfield Lane. The proposed transfers would be undertaken at the time of the lowest daytime background traffic movements if practicable. Transfers would not take place during peak times or around school start/finish times; this can be ensured through a specific condition on the Section 73 permission if granted. In addition to limiting the times for the transfers, if considered necessary, Magnox will produce a traffic management plan agreed with GCC; through a specific condition on the Section 73 permission if granted.

2.6 The waste packages would be transported within an International Organisation for Standardisation (ISO) freight container or similar, one such container per conveyance, with between one and three waste packages in each container. The containers would be transported using standard two or three axle, flat-bed trailers. No single conveyance would exceed 44 tonnes. There will be no abnormal loads and no requirement for a police escort.

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2.7 During the period of interim storage, all operations will continue exactly as they would without the imported packages. That is to say, there will be regular facility inspections, scheduled building maintenance, periodic package inspections, and updating of the store safety case. The latter includes mandatory periodic re-assessments of issues such as the effect of climate change (i.e. sea level rise and increased storm frequencies). None of these issues, e.g. the risk of and from site flooding or the degree of facility protection required, is affected by the presence of the imported waste packages.

2.8 At the time when the Geological Disposal Facility (GDF) becomes available, all stored packages will be transferred away from Berkeley site. It is assumed that rail transport from the existing railhead north of Berkeley town will be used.

Environmental Impact Assessment

2.9 The proposal, is an installation for the disposal of waste of a type listed within that detailed in Schedule 2 Column 1, Section 3: Energy Industry (g) installations for the processing and storage of radioactive waste, to which the following thresholds of the Town and Country Planning (Environmental Impact Assessment) (England) Regulations 2011 (the EIA Regulations) apply:

The area of new floorspace exceeds 1,000 square metres;

(i) the installation resulting from the development will require the grant of an environmental permit under the Environmental Permitting (England and Wales) Regulations 2010.

2.10 As the ISF has been completed, Schedule 2, Column 1, Section 13 ‘Changes and Extensions’ of the EIA Regulations now apply. Section 13(b) deals with ‘Any change to or extension of development of a description listed in paragraphs 1 to 12 of column 1 of this table, where that development is already authorised, executed or in the process of being executed’.

The applicable thresholds are either:

“(i) The development as changed or extended may have significant adverse effects on the environment; or

(ii) In relation to development of a description mentioned in column 1 of this table, the thresholds and criteria in the corresponding part of column 2 of this table applied to the change or extension are met or exceeded.”

2.11 Following a separate screening request made under Regulation 5 of the EIA Regulations prior to the submission of the planning application, the County Council adopted its Screening Opinion on 10th December 2015 under reference 15/0100/SCREEN following consultation with statutory consultees.

2.12 An Environmental Statement was not requested as it was the opinion of this Waste Planning Authority (WPA) that the environmental impact of transporting

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waste to the site by road between Oldbury and Berkeley NLS would not be significant. The nature of the amendment to the permission to introduce additional HGV traffic movements to and from the site which were not anticipated when the ISF was constructed would not impact on the international designation of the Severn Estuary for wildlife conservation. Whilst Natural England sought mitigation during the construction phase of the ISF in respect of noise and visual disturbance, now the building has been completed and no further change is proposed to the ISF building or its external areas, the introduction of a low number of HGV deliveries over a short time period is not considered to affect the significance of the designation.

3.0 PLANNING HISTORY

3.1 Planning permission for the construction of a generating station at Berkeley was granted on 18th July 1956. The station started generating electricity in 1962 and continued until 1989. Planning permission for the ISF was granted under S.07/0927/CM on 15th August 2007. Permission was also granted for a temporary building for the storage of ILW waste under planning reference S.07/0141/CM on 27th March 2007. An application to vary Conditions 4, 7 and 19 was approved under reference 12/0019/STMAJW on 12th July 2012 which amended the design of the ISF, hours of operation and a landscaping bund. A variation of Condition 7 to amend the hours of operation during the summer months was approved under planning reference 13/0039/STMAJW on 8th August 2013. A variation of the landscape scheme set out in Condition 3 of 14/0001/STMAJM was permitted on 18th March 2014.

4.0 PLANNING POLICY

National Planning Policy Framework

4.1 The National Planning Policy Framework (NPPF) issued on 27th March 2012 sets out the Government’s planning policies replacing most of the Planning Policy Guidance and Statements with immediate effect. The NPPF is a material consideration in planning decisions and must be taken into account. The NPPF does not contain specific waste policies, however local authorities taking waste decision on waste development should have regard to the policies within this framework so far as relevant.

4.2 Paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by:

Protecting and enhancing valued landscapes, geological conservation interests and soils;

Recognising the wider benefits of ecosystem services; Minimising impacts on biodiversity and providing net gains in

biodiversity where possible, contributing to the Government’s commitment to halt overall decline in biodiversity including by

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establishing coherent ecological networks that are more resilient to current and future pressures;

Preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and

Remediation and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.

4.3 Paragraph 118 requires local planning authorities to conserve and enhance biodiversity when determining planning applications by following the principle that it significant harm resulting from a development cannot be avoided or adequately mitigated or compensated for then planning permission should be refused.

National Planning Policy for Waste

4.4 National Planning Policy for Waste (NPPW) was published in October 2014 and sets out a concise set of detailed waste policies. The document describes the Government’s ambition to work towards a more sustainable and efficient approach to resource use and management. Some of the key principles put forward by the document are that waste planning authorities should:

Consider the need for additional waste management capacity of more than local significance;

Take into account any need for waste management arising in more than one waste planning authority area where only a limited number of facilities would be required;

Work collaboratively with other waste planning authorities through the statutory duty to co-operate;

Consider the extent to which the capacity of existing operational facilities would satisfy any identified need;

Look for opportunities to co-locate waste management facilities together; and

Consider the likely impact of proposals on the local environment and amenity.

4.5 NPPW also places emphasis on the waste hierarchy, the first tenet of which is to prevent the creation of waste in the first place. All of these principles from the NPPW are considered relevant to the current proposal.

Nuclear Decommissioning Authority Strategy 2011 and Draft Strategy 2015

4.6 In 2005, the Nuclear Decommissioning Authority (NDA) was established as a non departmental government body under the Energy Act 2004 to ensure that the UK’s nuclear legacy sites are decommissioned and cleaned up safely, securely, cost effectively and in ways that protect people and the environment. The Energy Act requires the NDA to review its strategy at least

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every 5 years. The current NDA Strategy was published in April 2011 and includes a section on integrated waste management. The NDA Strategy was subject to public consultation prior to adoption and states that strategic decisions about waste management are informed by the following key principles: risk reduction is a priority; centralised and multi-site approaches should be considered where it

may be advantageous; waste should be minimised; and the waste hierarchy should be used as a framework for waste

management decision making and enables an effective balance of priorities including value for money, affordability, technical maturity and the protection of health, safety, security and the environment.

4.7 With regard to Higher Activity Waste (HAW), which includes ILW, the strategy is to implement the UK Government’s policy of deep geological disposal (GDF). The overarching strategy is to convert the HAW inventory into a form that can be safely and securely stored for many decades (“interim storage”). At the appropriate time the stored waste in England and Wales will then be transported to and disposed of in the GDF. At the present time a suitable location for GDF has not formally been identified. The Government and the developer of the GDF are working with experts and communities to develop scheme which will be a multi-billion pound project with construction estimated to take 15 to 20 years.

4.8 The NDA are clear that they will investigate opportunities to share waste management infrastructure across the estate and with other waste producers where they can see benefit. Specifically, the NDA states:

“Until now the approach has been to keep HAW at its site of origin pending geological disposal. Building on the findings reported within the UK HAW Storage Review [sic: UK Radioactive Higher Activity Waste Storage Review March 2009, available on the NDA website (ref 12)2], for some of the inventory we will explore opportunities to share current and planned storage assets to improve value for money, reduce the environmental impact of new store build and impact on decommissioning timescales. Subject to the consideration of transport needs, value for money being demonstrated and detailed engagement with interested parties (especially communities neighbouring the sites where waste could be received), various approaches to waste storage could be adopted across the NDA estate.”

4.9 A national study on the optimisation of interim storage of packaged ILW which has given rise to this specific application at Berkeley site was initiated by the NDA. The recommendations of the study, which include storage of ILW packages generated at Oldbury within the existing Berkeley site ISF, have been approved by the NDA.

4.10 The Energy Act 2004 requires the NDA to review, update and consult on its strategy every 5 years. A Draft Strategy was published in September 2015, although formal consultation on the new Strategy did not commence until

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January 2016. The document is consistent with the 2011 Strategy with regard to integrated management.

Gloucestershire Waste Core Strategy

4.11 The Waste Core Strategy (WCS) provides a planning framework for waste management across the county of Gloucestershire in the period 2012 - 2027 and forms part of the development plan for Gloucestershire. It identifies a vision, objectives and strategy relevant to Gloucestershire and also identified strategic sites for waste management. The County Council adopted the WCS for Gloucestershire (2012-2027) on 21st November 2012.

4.12 The WCS recognises the former nuclear power station at Berkeley as the main facility for managing intermediate and low level radioactive waste in the county. The following policies are considered to be relevant to the determination of this application:

Core Policy WCS10 – Cumulative Impact“In determining proposals for waste related development for new or enhanced waste management facilities the Council will have regard to the cumulative effects of previous and existing waste management facilities on local communities alongside the potential benefits of co-locating complimentary facilities together. Planning permission will be granted where the proposal would not have an unacceptable cumulative impact.

In considering the issue of cumulative impact, particular regard will be given to the following:

1. Environmental quality;2. Social cohesion and inclusion; and3. Economic potential.

Within these broad categories this will, subject to the scale and nature of the proposal, include an assessment of the following issues: noise, odour, traffic (including accessibility and sustainable transport considerations), dust, health, ecology visual impacts”.

Core Policy WCS15 – Nature Conservation (Biodiversity & Geodiversity)“Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNR) will be safeguarded from inappropriate waste management development.

Planning permission for waste management development within or outside a Site of Special Scientific Interest (SSSI) or National Nature Reserve (NNR) will only be granted where it can be demonstrated that:

- The development would not conflict with the conservation, management and enhancement of the site unless the harmful aspects can be satisfactorily mitigated; and

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- The benefit of the development clearly outweighs the impacts that the proposal would have on the key features of the site; and

- The proposal complies with other relevant policies of the development plan; and

- In the case of a SSSI, there would be no broader impact on the national network of SSSIs.

Local nature conservation designations will also be safeguarded from inappropriate development and planning permission will only be granted for development affecting such designations where it can be demonstrated that the impact of the development can be satisfactorily mitigated and that the benefit of the development clearly outweighs any impact.

Development proposals will be required to assess their impact on the natural environment and make a contribution to local nature conservation targets to ensure net gain for biodiversity.

Proposals that incorporate beneficial biodiversity or geological features into their design and layout will be favourably considered particularly where the proposal would result in a positive contribution to a Strategic Nature Area (SNA) as identified on the Nature Map for Gloucestershire.”

Core Policy WCS19 – Sustainable Transport“In the interests of sustainable development and minimising the impact of waste management on Gloucestershire's roads and the wider natural and historic environment, proposals for waste-related development that utilise alternative modes of transport such as rail and water will be positively supported. This is subject to compliance with other relevant development plan policies and the contribution to a sustainable waste management system for Gloucestershire.

Any development exceeding the thresholds set out in the Department for Transport publication 'Guidance on Transport Assessment' must be supported by a Transport Assessment (TA) and Travel Plan. Consideration will also be had to the location of the proposed development in determining whether a TA is required.

Development that would have an adverse impact on the highway network which cannot be mitigated will not be permitted.

Where a Travel Plan is required the developer will be expected to enter into a Section 106 or unilateral legal agreement to secure the development of the travel plan and any contributions required to support its implementation. A contribution towards costs of monitoring the travel plan will also be required”.

Gloucestershire Waste Local Plan

Under Section 38(6) of the Planning and Compensation Act (2004) the Planning Authority must have regard to the saved policies of the Gloucestershire Waste Local Plan adopted in October 2004 as part of the

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development plan in considering planning applications unless material considerations indicate otherwise. The following ‘saved’ policies are considered consistent with the NPPF:

Policy 33 - Water Resources – Pollution ControlProposals for waste development will only be permitted where there would be no unacceptable risk of contamination to surface watercourses, bodies of water or groundwater resources.

The NPPF encourages the minimisation of pollution and is broadly consistent with NPPF (110).

Policy 37 – Proximity to other land usesProposals for waste development will be determined taking into account such matters as the effect on the environment, occupants’ and users’ amenity and health, the countryside, the traditional landscape character of Gloucestershire, the local highway network, any hazardous installation and substance, and any adverse cumulative effect in combination with other development in the area. Where appropriate, suitable ameliorative measures shall be incorporated in the proposals to mitigate, attenuate and control noise, dust, litter, odour, landfill gas, vermin, leachate and flue emissions.

There is no overall inconsistency with NPPF however the overall aim of sustainable development needs to be considered against this policy.

Policy 43 – After UseThe waste planning authority will encourage after-uses on Waste management sites which will:

• benefit the local community,• diversify the local economy,• improve amenities,• enhance biodiversity and wildlife habitats, landscape features, the local environment, or other sites of Geological or scientific interest, or • provide woodland areas, where this does not conflict with other policies, and the Biodiversity Action Plan.

The NPPF confirms that planning decisions should encourage the effective use of land by reusing land that has been previously developed provided that it is not of high environmental value.

Stroud District Local Plan

4.13 Stroud District Local Plan was adopted on 19th November 2015 and provides the planning framework up until 2031. The Local Plan replaces the 2005 version of the Stroud District Local Plan and forms part of the development plan for the Stroud district. Under Section 38(6) of the Planning and Compulsory Purchase Act 2004 the Planning Authority must determine planning applications in accordance with the development plan unless material considerations indicate otherwise.

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The following Local Plan policies are relevant to this application:

Core Policy CP1 presumption in favour of sustainable development“When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.

Planning applications that accord with the policies in this Local Plan (and, where relevant, with polices in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise.

Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise – taking into account whether:

1. Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or

2. Specific policies in that Framework indicate that development should be restricted.”

Delivery Policy EI2a - Former Berkeley Power Station“The site will be retained for B1-B8 employment uses and for employment related training and education purposes and for operations and uses associated with the decommissioning of the nuclear power station. Redevelopment for unrelated alternative uses will not be permitted”

Paragraph 5.35“The former Berkeley Power Station site includes de-licensed office and laboratory accommodation, currently providing employment accommodation in a rural location by the River Severn. A major project to create the Gloucestershire Science and Technology Park (which will include a range of educational, training and research facilities related to the renewable energy, engineering, digital technologies, advanced manufacturing and nuclear sectors) has been promoted by the Gloucestershire Local Enterprise Partnership (GFirst LEP). Proposals for continued B1-B8 uses on the site and ancillary uses, or those associated with the decommissioning process, or those associated with the Science and Technology Park (including forms of renewable and low carbon energy generation) will be supported. Alternative uses will not be permitted in this rural location”.

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Delivery Policy ES6 - Providing for biodiversity and geodiversity European Sites

“Development will safeguard and protect all sites of European and Global importance, designated as Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar sites.

Development must not result in significant adverse effects on these internationally important nature conservation sites, either alone or in combination with other projects and plans. The Council will expect development proposals to demonstrate and contribute to appropriate mitigation and management measures to maintain the ecological integrity of the relevant European site(s).

With specific regard to recreational impacts, the Council will use core catchment zones that identify potential impact areas which extend beyond the relevant European site itself. Development proposals within such areas will take account of any relevant published findings and recommendations. There will be further assessment work on the Severn Estuary SPA and SAC that shall include recreational pressure.

National SitesNationally important sites, including Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNR), will be safeguarded from development, unless the benefits of the development can be demonstrated to outweigh the identified national importance of the nature conservation interest or scientific interest of the site.

Local SitesLocal sites, including Local Nature Reserves (LNR), Key Wildlife Sites (KWS) and Regionally Important Geological and Geomorphological Sites (RIGS) will be safeguarded from development, unless the benefits of the development outweigh the nature conservation or scientific interest of the site. Where development is considered necessary, adequate mitigation measures or, exceptionally, compensatory measures will be required, with the aim of providing an overall improvement in local biodiversity and/or geodiversity. Opportunities will be sought to access and enhance the value of such sites for educational purposes, particularly in relation to promoting public awareness as well as appreciation of their historic and aesthetic value.

New Development and the Natural EnvironmentAll new development will be required to conserve and enhance the natural environment, including all sites of biodiversity or geodiversity value (whether or not they have statutory protection) and all legally protected or priority habitats and species. The Council will support development that enhances existing sites and features of nature conservation value (including wildlife corridors and geological exposures) that contribute to the priorities established through the Local Nature Partnership. Consideration of the ecological networks in the District that may be affected by development should take account of the Gloucestershire Nature Map, river systems and any locally

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agreed Nature Improvement Areas, which represent priority places for the conservation and enhancement of the natural environment. In this respect, all developments should also enable and not reduce species’ ability to move through the environment in response to predicted climate change, and to prevent isolation of significant populations of species.

The District will have a number of undesignated sites, which may nevertheless have rare species or valuable habitats. Where a site is indicated to have such an interest, the applicant should observe the precautionary principle and the Council will seek to ensure that the intrinsic value of the site for biodiversity and any community interest is enhanced or, at least, maintained. Where an impact cannot be avoided or mitigated (including post-development management and monitoring), compensatory measures will be sought. The Council may, in exceptional circumstances, allow for biodiversity offsets, to prevent loss of biodiversity at the District level.

Protected SpeciesDevelopment proposals that would adversely affect European Protected Species (EPS) or Nationally Protected Species will not be supported, unless appropriate safeguarding measures can be provided (which may include brownfield or previously developed land (PDL) that can support priority habitats and/or be of value to protected species).”

5.0 PUBLICITY

5.1 A public notice was placed in the Dursley Gazette on the 17th March 2016 with a closing date for comments of the 7th April 2016. Site notices were posted on the 17th March 2016 in 4 locations around the site and in Berkeley town requesting comments by the 7th April 2016. Four letters notifying the nearest properties of the proposal were also sent on 14th March 2016 with a closing date of the 11th April 2016.

5.2 It should be noted that the Applicant has engaged in pre-application dialogue with the local community through local meetings and the Berkeley and Oldbury Site Stakeholder Groups about inter-site transfer of packaged ILW since 2013. There has been national engagement and public consultation regarding the optimisation of interim storage of packaged ILW nationally between May and June 2013 and November 2013 and January 2014. The overall national strategy has now been formally endorsed by the NDA’s Senior Strategy Committee allowing the Applicant to seek the necessary planning approval which is the subject of this application.

5.3 The Applicant requested a pre-application meeting with the County Council on the 12th November 2015 to seek advice on seeking permission and on the 21st January 2016 to discuss the Applicant’s position on community benefit.

5.4 The Applicant held two public drop-in sessions on 22nd March 2016 at Berkeley Library between 10.30am and 12.30pm and at Stone Village Hall

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between 4pm and 6pm to publicise the proposals and so the public could ask questions about the development.

5.5 Six representations have been received from members of the public or neighbouring residents as a result of this publicity, four of which are objections; one is in support of the proposals and one neutral representation.

5.6 Objections relate to the following:

Broken promises from the company that there would be no importation of waste from other sites.

Concern that the waste is not just coming from Oldbury but Dungeness, Bradwell and Sizewell Power Station sites.

Perception that Berkeley is a dumping ground for other site’s waste and object to making a small hamlet a storage area for wastes from anywhere in the country.

Object in principle of importation of waste and not the volumes involved.

Sets bad example regarding the legacy of the nuclear industry and is unfair on local homeowners who have worked in the nuclear industry.

The changed perception that the area is a nuclear dump will devalue houses anywhere where Berkeley is part of the address and no suitable compensation has been discussed.

The applicant will save millions but local people are asked to pay for the saving made.

Other representations: The economic case is valid but there needs to be a benefit to local

residents for accepting the change and a 10% cost saving should be given in community benefits to offset perceived impact of planning change.

The proposal would be acceptable provided the size of store is not increased and there is sufficient space to store all the Berkeley waste.

Sum of at least £1000 per imported box per calendar year would help focus contractor to reduce the amount stored at Berkeley.

6.0 CONSULTATIONS

Stroud District Council:

6.1 Stroud District Council officers determined that objections should be raised to the proposal for the following reason:

“Historically Stroud District Council has raised no objection to ILW storage on the site based on no importation of waste and a planning condition was recommended in 2007 to prohibit the storage of waste from any source other than Berkeley Nuclear Power Station. This application relates to the importation of packaged ILW and as such there is the potential for adverse environmental impact and subsequent significant harm.”

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6.2 Stroud District Council were asked if they could be specific about which environmental impacts were of concern and the nature of the perceived harm referred to. In an email of the 12th April 2016, Stroud District Council officers advised, “As per our previous responses, Stroud District Council maintains its objection to importation of any waste materials onto the site. The objection is raised on the basis that any movement of nuclear waste brings with it an element of risk to human, environmental and ecological health. Given the site is adjacent to the Severn Estuary European Site, Stroud District Council trusts that the County Council has discharged its duties under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). Stroud District Council appreciates that Gloucestershire County Council is the competent authority in this regard, however we would be grateful to have a copy of the HRA for our public file and for future reference.”

Ham and Stone Parish Council:

6.3 Ham and Stone Parish Council objects until further information regarding waste importation from sites other than Oldbury is given as there will be no limit on just what waste it is. Another consideration is the transportation and the route which will be used. The Parish Council commented that the quickest route is via the villages of Hill and Ham but these are country lanes and in need of repair.

Berkeley Town Council:

6.4 Berkeley Town Council acknowledges the economic and safety case for the location of waste from Oldbury Power Station to the ISF at the Berkeley site. However, the Council points out that whilst there is considerable public interest in this proposal, there has been poor public communication. The present proposal is that the taxpayer receives all of the benefit, at least £20 million, from the proposed change in the planning condition, however the Council considers that the community should receive some of this saving, in the order of 10%, to offset the adverse public perception and the impact of the additional heavy traffic on the roads, which are already in poor condition.

Alkington Parish Council:

6.5 Alkington Parish Council has some concerns about storing waste from Oldbury at the Berkeley ISF. The Parish consider that should permission be granted, there must be a condition that once Oldbury's waste is exhausted then there should be no more waste brought in for storage from other sites. In addition, there must be enough room for Berkeley to receive its own waste and not request planning permission at a later stage to build another store to be able to accommodate its waste as it is full up with Oldbury waste.

South Gloucestershire Council

6.6 South Gloucestershire Council raises no objection in respect of the proposal. However, comments that it considers it appropriate to condition the transfer

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times outside of peak hours and to secure a Traffic Management Plan. South Gloucestershire Council should like to be consulted in respect of the production of the TMP and the applicant may wish to liaise with the South Gloucestershire Council Emergency Planning Unit in respect of safety procedure during transport.

Natural England

6.7 Natural England has no comment to make on the variation of Condition 8.

Office for Nuclear Regulation

6.8 The Office for Nuclear Regulation (ONR) is the safety regulator for the civil nuclear industry in the United Kingdom. The ONR reports to the Department of Work and Pensions although it works closely with the Department of Energy and Climate Change. The ONR regulates nuclear safety and security at 37 NLS in the UK. They also regulate transport and ensure safeguard obligations for the UK are met. The ONR sets out site licence conditions with which each licensee must comply, dependent on the stage of the plant life.

6.9 The ONR is different to the Nuclear Decommissioning Authority NDA which is a non-departmental public body of the Department of Energy and Climate Change. NDA’s main purpose is to deliver the decommissioning and clean up of the UK’s civil nuclear legacy in a safe and cost effective manner. The NDA does not directly manage nuclear sites. The NDA determines the overall strategy and priorities for managing decommissioning.

6.10 The ONR response to the consultation is that it does not advise against this development.

Environment Agency

6.11 The Environment Agency (EA) has no objection, in principle, to the amended proposal for the Berkeley ISF. The EA exercises its regulatory and waste management functions through the Environmental Permitting Regulations. This regime provides the framework for controlling transfers (disposal and receipt) of radioactive waste, such as ILW from one nuclear site to another. It is a statutory requirement for both the waste producer and receiver to hold environmental permits to allow transfer by the intended route. For nuclear sites, it is a requirement of the permit, that transfers take place by an optimised disposal route. This places an obligation on the waste producer to demonstrate that the route offers the best overall disposal/storage option, taking account of a range of environmental impacts and other factors (social factors, technical feasibility or cost etc.). The EA expects all feasible radioactive waste management options to be fully explored, to ensure the chosen option achieves the best outcomes for the environment. In the case of Magnox ILW management, inter-site transfers may facilitate more efficient and effective management of wastes by consolidating storage facilities and reducing potential environmental impacts.

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6.12 In May 2015, Magnox submitted a Best Available Techniques (BAT) report to the EA’s Nuclear Regulation Group which considers inter-site ILW transfers. The EA has accepted this submission to be a satisfactory demonstration of BAT.

Highway Authority

6.13 The Highway Authority recommends that no highway objection be raised to the proposal to import waste material from the Oldbury site to the Berkeley site. The advisor also expressed the view that the number of delivery movements is insignificant when compared to existing vehicle movements and therefore a restrictive planning condition would not be necessary to make the proposals acceptable.

6.14 The storage building is already constructed and it is not proposed as part of this application to extend the building or provide more capacity. Therefore the number of additional containers able to be stored on the site would be in the region of the maximum 130 proposed which would therefore limit the highway impact of the proposal. The estimate of 4 two-way HGV movements per day would appear to be reasonable given the time it is likely to take to unload each delivery. The impact on the local highway would therefore not be material given the existing use already of the wider site and the Berkeley Technology Centre.

7.0 STRATEGIC INFRASTRUCTURE PLANNING OBSERVATIONS

Ecology

7.1 The County Ecologist considers that the variation details that are proposed come within the limits that were assessed in previous applications relating to the ISF at Berkeley NLS. These concluded no adverse impacts on protected sites and all matters involving certain protected species were resolved at the time. His view is that the proposal could not have a significant effect on the Severn Estuary European Site or its underlying SSSI. This means that no Habitats Regulations Assessment is necessary and also why an Environmental Impact Assessment is not required for biodiversity reasons.

7.2 The County Ecologist has no objection to the proposed variation subject to Natural England not raising any concerns that need to be addressed.

Minerals and Waste Planning Policy Officer

7.3 The Minerals and Waste Planning Policy Officer advised that radioactive waste as described in Section 2 of the Radioactive Substances Act 1993 is not classed as hazardous waste because exemptions outlined in Waste Regulations (2005) and defined under EU Directive 91/689/EEC apply. Therefore the policy in the Gloucestershire Waste Core Strategy (WCS) for hazardous waste (WCS9) is not applicable to this type of application. Paragraphs 4.147 - 4.158 of the WCS cover the position of Radioactive

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Waste in Gloucestershire. Paragraph 4.158 states ‘Given the ongoing nature of the decommissioning and storage operation at Berkeley and the relatively modest amount of clinical waste being managed in Gloucestershire, there is no need to include a specific policy within the WCS dealing with radioactive waste…..’

7.4 The principle of the ISF at Berkeley has been established through an earlier permission. It is noted that there are a limited number of facilities within the country suitable to accept this type of waste until the national deep geological storage facility is built. The nature of the material is such that it must be contained within an appropriate storage facility and therefore this is an issue of national importance that is likely to have significant weight when balanced against any other issues.

7.5 The main issue is the acceptability of transporting the waste a few miles by road to Berkeley. Given that the alternative would be to transport the waste to a facility in another part of the country, it is considered that this would be a more sustainable option in terms of vehicle miles travelled and reducing pressure on the road network, but this would be an issue that the Highway Authority would need to comment on.

Planning Considerations

7.6 The main considerations in determining whether the variation of the condition to permit the importation of waste from Oldbury NLS, is the potential for adverse environmental impact, highway safety, impact on designated wildlife sites and the extent to which the proposals comply with national and local planning policies for waste. The issues relating to the economic considerations and compensation for local residents raised during the publicity period are not material to the consideration of this application and are dealt with in ‘Other Issues’ (see paragraphs 7.17 – 7.23) in this report.

Environmental Impact

7.7 Stroud District Council objects to the proposal on the grounds of the “potential for adverse environmental impact and subsequent significant harm”. The District Council’s objection relates to risks associated with the movement of waste rather than the storage of the imported waste at Berkeley. These are matters which are controlled by other regulatory regimes. The transport of radioactive material in the UK such as packaged ILW from one nuclear site to another is strictly controlled and the Office or Nuclear Regulation (ONR’s Radioactive Materials Transport Division oversees the compliance with The International Atomic Energy Agency (IAEA) Safety Standards Regulations for the Safe Transport of Radioactive Material). The packaging, loading, transport and unloading of all radioactive material between sites will be subject to these regulations which are enforceable under UK law.

7.8 The Applicant has submitted detailed information relating to the safety of the waste material during transportation and the requirements of the IAEA

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transport regulations. The ONR which regulates both nuclear safety on licensed sites as well as the transport of radioactive materials has not raised any objection to the proposal. It should be noted that if at any point in the future, the ONR has concerns over safety; they can prohibit the Applicant from implementing the proposals. The Applicant is an experienced and responsible operator which has transported radioactive waste for a number of years as a central element of their operations.

7.9 The transfer of waste would be regulated by the EA through the Environmental Permitting Regulations. This regime provides the framework for controlling transfers (disposal and receipt) of radioactive waste, such as ILW from one nuclear site to another. It is a requirement of the permit, that transfers take place by an optimised disposal route. This places an obligation on the waste producer to demonstrate that the route offers the best overall disposal/storage option, taking account of a range of environmental impacts and other factors (social factors, technical feasibility or cost etc.). It is a long established position of the EA that inter-site transfer of radioactive waste has the potential to be part of the optimum management strategy. The EA expect all feasible radioactive waste management options to be fully explored, to ensure the chosen option achieves the best outcomes for the environment. The EA are satisfied with the submissions made to them and raises no objection to the proposals.

7.10 As the transportation and transfer of waste material are subject to existing regulatory regimes, the NPPF requires planning decision makers to assume that those regimes will operate effectively. Stroud District Council’s objection on potential harm arising from such transportation cannot therefore be accorded any weight in the determination of this proposal. The amended planning condition will control the quantity and origin of waste imported to the Berkeley site, which is considered to comply with the NPPW in that the proposal takes account of the need for waste management arising in more than one waste planning authority area where only a limited number of facilities would be required.

Highway impact

7.11 The proposal would involve the importation of estimated 70 containers of packaged ILW material up to a maximum of 130 containers. It is calculated that this would result in up to two HGV deliveries (four two-way movements) per day on weekdays only. As the ILF has already been constructed the available space within the building limits the maximum amount of containers which can be imported for storage. The Highway Advisor is satisfied that the estimate of 4 two-way HGV movements per day appears to be reasonable given the time it is likely to take to unload each delivery. The highway advisor considers the impact on the local highway network would therefore not be material given the existing use of the wider site and the future use of the Berkeley Technology Centre.

7.12 Ham and Stone Parish Council objects to the proposals commenting that the quickest transport route would be via villages of Hill in South Gloucestershire and Ham, near Berkeley and these country roads are unsuitable for additional heavy traffic. The

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supporting information states that the intended route from Oldbury NLS would be via the A38 into Gloucestershire and then along the B4066 through Berkeley to the site. This route would avoid the village of Ham. Whilst these classified public highways are not the most direct route to the site, the Highway Advisor does not consider the route unsuitable for the low level of use proposed. The Applicant has agreed to a planning condition to secure the transport route in order to reassure the local communities.

7.13 Berkeley Town Council, whilst not objecting, commented on the impact of additional heavy traffic on the roads which are already in poor condition and that the community should receive some benefit to offset such issues. The Town Council’s comments about the poor state of the roads in the Berkeley area have been brought to the attention of County Council’s Highway Manager who has advised that roads in the area are regularly visited as part of highway safety inspections to ensure they are in a safe and usable condition. There are currently no repairs scheduled, however the Highway Manager has advised that there is an active bid with the Local Enterprise Partnership for upgrading and widening sections of the B4066 including resurfacing the route that is progressing. The County Council cannot require the Applicant to fund repairs to the roads in this area where the level of usage would be relatively low and the repairs are not directly related to the Applicant.

7.14 South Gloucestershire Council (SGC), the adjoining local authority, was consulted on the proposal which involves traffic movements through their area from Oldbury NLS. SGC recommends a planning condition to restrict the timing of waste transfers and to provide a Traffic Management Plan, however the County Highway Advisor considers that the number of delivery movements proposed are insignificant when compared to existing vehicle movements associated with the site and therefore a restrictive planning condition would not be necessary to make the proposals acceptable. The proposal is considered to comply with Policy WCS19 of the WCS, in that the development would not have an adverse impact on the highway network. While the County Highway Advisor does not consider a condition restricting the delivery times is necessary for highway safety reasons, it is considered that a planning condition to protect the amenity of the area and which restricts the delivery times to hours outside the peak traffic hours both within Berkeley town and at the site would avoid any potential conflict with increased traffic movements that will be associated with the Stroud and South Gloucestershire College, being developed on the adjacent site. It is considered that this condition would comply with Policy WCS10 of the WCS, in that the control of delivery times would have regard to the cumulative effects on the proposals on local amenity and traffic generation.

Impact on Designated Sites

7.15 The approved ISF is located near to the Severn Estuary which is an important area for birds, being a Ramsar site and Special Protection Area. The County Council has a duty before giving permission for a plan or project which is likely to have a significant effect on a European site to make an appropriate assessment under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). The County Ecologist has confirmed, following the Natural England response that they had no comments to make, that appropriate assessment is not necessary in this

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case. The County Ecologist does not consider the proposed amendment to import waste to the Berkeley site from the Oldbury NLS to be significant and no ecological impact is likely to result from this change. The delivery and unloading of packages within the ILW store will not lead to any loss of habitat or additional disturbance to wildlife in the area. This proposal is in accordance with the Paragraph 118 of the NPPF as the proposal protects an internationally designated site and will not disturb protected species.

Compliance with National Planning Policies

7.16 The proposals to consolidate waste from the Oldbury site utilising the spare capacity of the existing ISF at Berkeley is considered to comply with national policy for waste and the national strategy set out in the NDA Strategy in that existing facilities have been identified to satisfy an identified need at Oldbury without having to construct a new facility on the Oldbury site with all the resultant constructional impacts on the local area and Severn Estuary. The proposal would provide value for money for the national taxpayer as the need to avoid the costs of construction of a new storage facility would be avoided and permit the sharing of waste management infrastructure across the country for the benefit of the country as a whole.

Other Issues:

Community Benefit

7.17 A number of local people and some local district councillors have commented that the local community should receive compensation for hosting the additional waste or for any potential loss in house value which may result.

7.18 Prior to the submission of the application, the County Council discussed the possibility of community benefit at a meeting held on the 21st January 2016 with the NDA, Magnox and the Applicant’s agent, Bilfinger GVA. In a letter dated 3rd February 2016, Magnox provided written confirmation of its position on this issue. The NDA are in agreement with the Magnox position. In summary, it is the view of Magnox that community benefit is not required because:

there would be no change to the purpose of the store on site; no additional floor-space would be created; there would be a minimal change compared to the number packages

already to be contained in the store; and there would only be a small environmental impact due to transport

which would not be significant.

7.19 Planning obligations may only constitute a reason for granting planning permission if they meet the tests that they are necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind. Accordingly, planning legislation does not support the levying of a community benefit in this case. Notwithstanding this view, it should be noted that there

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are other mechanisms, outside planning legislation and policy, already in place through the Energy Act 2008, to ensure that the community hosting an NDA facility can receive socio-economic support. One example of this is the provision of over £200,000 support by the Applicant for the new South Gloucestershire and Stroud (SGS) College on the former Berkeley Centre site. In terms of determining planning applications, local financial support received via this mechanism must be regarded as non-statutory and carries no weight in the planning balance.

Public Perception

7.20 Comments have also been made that the local community should receive compensation for any potential loss in house value which may result from a public perception that Berkeley is a dumping ground for waste from other sites. At the time that the ISF was granted planning permission, it was not envisaged that there would be spare capacity for anything other than wastes arising at the Berkeley site. However due to changes and improvements to the waste packaging techniques, the Applicant believes there is surplus capacity within the Berkeley store which can be utilised to store a small quantity of wastes from Oldbury NLS. This will include a small number of packages which have been imported to Oldbury from Sizewell ‘A’ and Dungeness ‘A’ sites. There is only likely to be 10 such packages out of 130 packages from Oldbury which is relatively small. A change in public perception that an area is less attractive than previously and the effect on house prices are not material planning considerations and the additional road transportation of waste packages is unlikely to be noticed by the public or adversely affect house prices in the long term.

7.21 The imported waste would sit alongside the Berkeley site waste packages within the ISF until the long-term geological store has been completed. The amount of waste packages which can be accommodated is limited by the physical size of the ISF. The Berkeley site is currently being used as an interim storage facility and is not the final waste disposal site for the waste materials generated by the power production. The storage of these waste packages is closely monitored in a specially constructed, climate controlled facility until such time as the national GSF becomes available.

Stakeholder engagement

7.22 Berkeley Town Council, whilst not objecting to the proposal, was critical of poor public communication by the Applicant. Some local residents were critical of the company breaking promises of not importing waste from other sites. However in addition to the normal publicity for the planning application required by the Town and Country Planning Regulations, the Applicant has held two public drop-in sessions in Berkeley Library and Stone Village Hall to allow the public to ask questions about the proposals. The Applicant has also engaged in pre-application dialogue with local community groups through the Berkeley and Oldbury Stakeholder Groups to advise them of the planning application and also with the County Council. The Applicant has

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clearly demonstrated public engagement both during and prior to the submission of proposals.

7.23 Whilst it was not envisaged at the outset when the ISF Store at Berkeley, was granted consent, that it would be used for anything other than storing its own waste. This also applied to ISF constructed at Bradwell and Trawsfynydd. However the NDA has explored opportunities for consolidation of interim storage at fewer sites nationally and these options have been consulted upon more than once in the development of a national strategy, which the Applicant does not control.

Review of planning conditions on 14/0001/STMAJW

7.24 In amending planning Condition 8 of planning permission 14/0001/STMAJW, the WPA may take the opportunity to amend and update the extant planning conditions of this planning permission to ensure these are still relevant to the development approved. Changes affect the following planning conditions of the most recent planning permission 14/0001/STMAJW shown in the appendix of this report to indicate the deletions with ‘strikethrough’.

7.25 Condition 6 relating the removal of permitted development rights needs to be updated to reflect the changes made to the Town and Country Planning (General Permitted Development) Order in 2015 (GDPO). Class L in Part 7 of the GPDO now deals with development permitted on waste management facilities. The rights to extend the building and install plant have been removed to require planning permission, given the specialist nature of the waste being handled on the site.

7.26 Condition 7 relating to the hours of working, no longer needs the additional text which was introduced as a variation to cover the construction phase of the ISF, now that the ISF has been completed. The hours of working referenced in the condition can remain as these still apply to the operation of the ISF.

7.27 Conditions 9, 11, 12 and 13 are no longer required as these related to the construction traffic routing, parking arrangements and storage of chemicals and should be deleted and subsequent conditions renumbered.

7.28 A landscape management and aftercare scheme, which is the subject of Condition 18, was approved on 16th May 2014. The landscaping and aftercare condition needs to be reworded to reflect that the approved landscaping scheme needs to be maintained in accordance with the aftercare scheme for the duration of the development.

Human Rights

7.29 From 2nd October 2000 the Human Rights Act 1998 has the effect of enshrining much of the European Convention on Human Rights in UK law. Under 6(1) of the Act, it is unlawful for a public authority to act in a way which

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is incompatible with a convention right. A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by Section 6(1) and that he is (or would be) a victim of the unlawful act, may bring proceedings against the authority under the Act in the appropriate court or tribunal, or may rely on the convention right or rights concerned in any legal proceedings.

7.30 The main Convention rights relevant when considering planning proposals are Article 1 of the First Protocol (the peaceful enjoyment of property) and Article 8 (the right to a private and family life). Article 1 of the First Protocol guarantees the right to peaceful enjoyment of possessions and Article 8 of the Human Rights Act 1998 guarantees a right to respect for private and family life. Article 8 also provides that there shall be no interference by a public authority with the exercise of this right except as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the freedom of others.

7.31 Objections to the amended planning condition have been received from Stroud District Council, Ham and Stone Parish Councils as well as four objections from local residents. These relate to concerns over transporting waste, the perceived impacts on the community of being labelled a waste dumping ground, loss of house value by association with the development and need for compensation to be paid by the Applicant who has broken promises that no waste would be imported to the site.

7.32 The transport of waste is regulated, the number of vehicle movements associated with the importation is low and these would be carried out outside of peak times, meaning that the impact of the change on the highway network would be negligible. A planning condition could be used to regulate the movements of vehicles to and from the site which would mitigate the impact on the highway network and amenity of the area. There has not been any change to the proposals for mitigation for the effects of pollution and disturbance and these are considered to comply with Policy 37 of the Gloucestershire Waste Local Plan 2002-2012. For the reasons set out in the Planning Considerations it is not considered that there would be any breach of the convention rights in recommending planning permission is granted.

Summary reasons for grant of planning permission

7.33 The variation of planning Condition 8 of planning permission 14/0001STMAJW would permit the importation of ILW packages from Oldbury NLS by road transport. The purpose of the change is to utilise spare capacity within the existing ISF at the Berkeley NLS to avoid the need for a further storage building having to be constructed at Oldbury NLS with all the additional costs and environmental constructional impacts resulting from new development on the local community and on the similarly sensitive environment of the Severn Estuary as Berkeley site. The proposal would

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conform with a national strategy for interim storage until the long term geological storage facility is ready to receive these waste materials.

7.34 As the proposed importation does not involve any changes the ISF itself or to the operational management of the ILW within the storage facility, there is not considered to be any impact on the designated wildlife sites or protected species resulting from the importation of ILW from another NLS. The proposal is considered to comply with WCS15 of the WCS.

7.35 The importation would be limited to approximately 130 packages and the transportation would take place along an agreed route outside peak hours. The Highway Authority does not consider the impact to be significant and does not require a condition to limit the hours or the route. However a condition limiting the delivery times of packages and the route to be used is considered appropriate in the interests of amenity of the area and to control the operations on the site. A condition to control these transport issues would comply with the observations by South Gloucestershire Council and is considered to accord with Policy WCS10 and WCS19 of the WCS.

7.36 Whilst Stroud District Council and Ham and Stone Parish Council have objected in principle to the importation of waste into the county from another NLS, no other statutory consultees responsible for safety and transit of the waste have objected. These matters are covered by other regulations separate from the planning system. Objections from the public are in the main concerned with the perceived image of the area suffering, having a consequential impact on house values for which local people should be compensated. The principle of ILW storage has been accepted on the Berkeley site and these matters are not material to the planning decision in this case. The proposal does not give rise to any other material considerations that indicate that the decision should be refused.

7.37 In determining this planning application, the WPA has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application by liaising with consultees, respondents and the agent, and by discussing changes to the proposal where considered appropriate or necessary. This approach has been taken positively and proactively in accordance with the requirement in the NPPF, as set out in the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012.

8.0 RECOMMENDATION

8.1 That permission to vary planning condition 8 of planning permission 14/0001/STMAJW is GRANTED for the reasons set out in this report and summarised in paragraph 7.33 to 7.37 and subject to the following conditions:Commencement

1. The development to which this permission relates shall commence with the date of this permission.

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Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Duration

2. The Intermediate Level Waste Storage Facility hereby permitted, together with all the waste stored therein, shall be removed from the site within 3 years of a national facility for the long term management of Intermediate Level Waste, or alternative means of off-site storage or disposal, becoming available. Written notification of the date of such facility or alternative means of off-site storage or disposal shall be sent to the Waste Planning Authority within 7 days of such facility, storage or disposal becoming available.

Reason: To comply with the requirements of Section 72(5) and paragraph 1 of part 1 of Schedule 5 to the Town and Country Planning Act 1990.

Scope of the Development

3. The development hereby permitted shall be carried out in strict accordance with the application as submitted unless varied by another condition on this approval together with the assessment of environmental impacts statement and environmental statement submitted with S.07/0927/CM; and the following approved plans:

222008 A-001 S2 – Site location plan, dated April 2012;222008 A-002 S2 – Site plan as existing, dated April 2012;222008 A-003 S5 – Site plan showing buildings etc, dated April 2012;222008 A-004 S5 – Site plan showing location ILW etc, dated April 2012;222008 A-005 S2 – Site elevations as existing, dated April 2012;222008 A-006 S4 – Elevation of site after demolition, dated April 2012;222008 A-007 S4 – Plan and sections as proposed, dated March 2012;222008 A-008 S4 – Elevations as proposed, dated April 2012;222008 A-0010 S6 – Site plan showing location proposed fences and landscaping, dated April 2012.

Reason: To adequately control the development and minimise its impact on the amenity of the local area in accordance with Policies, 33, 37, and 43 of the Gloucestershire Waste Local Plan.

Soil Storage Mounds

4. The approved scheme detailing both the construction and removal of the soil and subsoil storage mounds as illustrated on Plan BRK/PA/40 Version E dated March 2007, and specifying appropriate noise and visual mitigation for the Severn Estuary Special Protection Area during construction operations, shall be implemented within the approved timescales.

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Reason: In the interest of the amenity of the area and in order to minimise the risk of disturbance to bird populations in accordance with Policy WCS15 of the WCS.

Materials

5. Only approved external materials and finishes as amended by planning permission 12/0019/STMAJW on 12th July 2014 shall be used in the construction of this development and shall be maintained for the duration of the development.

Reason: To protect the amenity of the local environment in accordance with Policy 37 of the Gloucestershire Waste Local Plan.

Buildings and Plant

6. Notwithstanding the provisions of Schedule 2, Part 7, Class L of the Town and Country Planning (General Permitted Development) (England) Order, 2015 (or any order amending, replacing or re-enacting that order), no extension or alteration of the building or installation of replacement plant or machinery is permitted on any part of the application site without planning approval by the Waste Planning Authority.

Reason: To protect the amenity of the local environment and in accordance with Policy 37 of the Gloucestershire Waste Local Plan.

Hours of Operation

7. Except in emergencies where operations are required to protect life, limb or property, operations (including the manoeuvring, loading or unloading of vehicles) shall only take place between the hours of:

07:30 – 18:00 hours on Monday to Friday;07:30 – 18:00 hours on Saturdays;07:30 – 16:00 hours on Sundays and Bank Holidays.

Reason: To protect the amenity of the local environment and in accordance with Policy 38 of the Gloucestershire Waste Local Plan and NPPF paragraphs 109 and 118.

Importation of Waste Material

8. The Intermediate Level Waste Storage Facility hereby permitted shall only be used for the storage of Intermediate Level Waste materials currently stored at, or to be generated at, the Berkeley and Oldbury Nuclear Licensed Sites. Other than ILW from Oldbury NLS there shall be no importation of any waste materials to the Berkeley Nuclear Licensed Site at any time.

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9. No vehicles leaving the site shall enter the public highway unless their wheels and chassis are clean, to prevent materials being deposited on the highway.

Reason: In the interests of highway safety and to accord with Policy WCS19 of the Gloucestershire WCS.

10. The delivery of packaged waste shall only take place after 0930 hours at the Intermediate Storage Facility.

Reason: In order to protect the amenity of residential areas on the delivery route and prevent an increase in traffic at peak times in accordance with saved Policy 37 of the Waste Local Plan.

11. A Traffic Management Scheme which sets out the route along which the ILW will be transported to the Interim Storage Facility from Oldbury NLS shall be submitted to the Waste Planning Authority for approval in writing within 3 months of the date of this permission. The approved Traffic Management Scheme shall be implemented for the duration of the development.

Reason: In order to protect the amenity of residential areas on the delivery route and prevent an increase in traffic at peak times in accordance with saved Policy 37 of the Waste Local Plan.

Environmental Protection

12. All reasonable steps shall be taken to minimise noise from vehicles and machinery, and in particular (but without prejudice to the generality of the foregoing) efficient silencers shall be fitted to and used by all vehicles and machinery on the site.


13. The external lighting scheme approved 16.8.08 shall be implemented as approved and maintained for the duration of the development.

Reason: To protect the amenity of the local environment and minimise disturbance to bird populations in accordance with Policy 37 of the Gloucestershire Waste Local Plan.

14. Any above ground storage tanks should be sited on an impervious base and surrounded by a suitable liquid tight bunded compound. No drainage outlet should be provided. The bunded area should be capable of containing 110% of the volume of the largest tank and all pipes, draw pipes and sight gauges should be enclosed within its curtilage. The vent pipe should be directed downwards into the bund.

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Reason: To prevent pollution of the water environment in accordance with Policies 33 and 37 of the Gloucestershire Waste Local Plan.

15. The protection of great crested newts from the effects of the development will be secured using the approach outlined in paragraph 5.1.2 in the Entec ‘Great Crested Newt Survey Report’ dated June 2007 as amended by drawing A-010 S5 – Site Plan showing location of proposed fences and landscaping, dated 7th April 2012 for the duration of the development.

Reason: To ensure that great crested newts are prevented from entering the site and any great crested newts on the site are safely translocated in accordance with Policy 43 of the Gloucestershire Waste Local Plan.

Landscaping and aftercare

16. The landscape management and aftercare scheme, shown on drawing reference 222008 A-010 S5 - Site Plan, showing location of proposed fences and landscaping, approved on 16th May 2014 shall be implemented as approved by the Waste Planning Authority.

Reason: In the interests of the amenity of the local area and to ensure that the landscaping and restoration is successful in accordance with Policy 43 of the Gloucestershire Waste Local Plan.

Applicant Notes:1. The Highway Authority will seek to recover extraordinary highway maintenance

payments in accordance with the provisions of Section 59 of the Highways Act 1980.

2. The neighbouring farm is organic and therefore the applicant is advised that inorganic fertilisers, herbicides or pesticides should not be used in association with the landscaping and its aftercare.

REPORT APPENDIX:

Extract of planning conditions on 14/0001/STMAJW showing deleted policies with strikethrough for comparison.

BACKGROUND PAPERS: Planning Application file reference: 16/0019/STMAJW; supporting information and consultation responses can be viewed by appointment with the Contact Officer or by viewing the Council’s website: www.gloucestershire.gov.uk/planning/ under the planning reference.

CONTACT OFFICER:Linda Townsend – Senior Planning Officer Email: [email protected]: 01452 426896

http://www.gloucestershire.gov.uk/planning/

mailto:[email protected]

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Appendix

Planning Conditions on Permission Reference: 14/0001/STMAJW

Commencement

1. The development to which this permission relates shall commence with the date of this permission.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Duration

2. The Intermediate Level Waste Storage Facility hereby permitted, together with all the waste stored therein, shall be removed from the site within 3 years of a national facility for the long term management of Intermediate Level Waste, or alternative means of off-site storage or disposal, becoming available. Written notification of the date of such facility or alternative means of off-site storage or disposal shall be sent to the Waste Planning Authority within 7 days of such facility, storage or disposal becoming available.

Reason: To comply with the requirements of Section 72(5) and paragraph 1 of part 1 of Schedule 5 to the Town and Country Planning Act 1990.

Scope of the Development

3. The development hereby permitted shall be carried out in strict accordance with the application as submitted unless varied by another condition on this approval together with the assessment of environmental impacts statement and environmental statement submitted with S.07/0927/CM; and the following approved plans:

222008 A-001 S2 – Site location plan, dated April 2012222008 A-002 S2 – Site plan as existing, dated April 2012222008 A-003 S5 – Site plan showing buildings etc, dated April 2012222008 A-004 S5 – Site plan showing location ILW etc, dated April 2012222008 A-005 S2 – Site elevations as existing, dated April 2012222008 A-006 S4 – Elevation of site after demolition, dated April 2012222008 A-007 S4 – Plan and sections as proposed, dated March 2012222008 A-008 S4 – Elevations as proposed, dated April 2012222008 A-0010 S6 – Site plan showing location proposed fences and landscaping, dated April 2012.

Reason: To adequately control the development and minimise its impact on the amenity of the local area in accordance with Policies 16, 33, 37, 40 and 43 of the Gloucestershire Waste Local Plan.

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Soil Storage Mounds

4. The approved scheme detailing both the construction and removal of the soil and subsoil storage mounds as illustrated on Plan BRK/PA/40 Version E dated March 2007, and specifying appropriate noise and visual mitigation for the Severn Estuary Special Protection Area during construction operations, shall be implemented within the approved timescales.

Reason: In the interest of the amenity of the area and in order to minimise the risk of disturbance to bird populations in accordance with Policies 16 and 23 of the Gloucestershire Waste Local Plan.

Materials

5. Only approved external materials and finishes as amended by planning permission 12/0019/STMAJW on 12th July 2014 shall be used in the construction of this development.


Buildings and Plant

6. Notwithstanding the provisions of part 17 of schedule 2 of the Town and Country Planning (General Permitted Development) Order, 1995 (or any order amending, replacing or re-enacting that order), no fixed plant or machinery, buildings, floodlighting or structures shall be erected, extended, installed or replaced on any part of the site without the prior written approval of the Waste Planning Authority.

Reason: To protect the amenity of the local environment and in accordance with Policies 37 of the Gloucestershire Waste Local Plan.

Hours of Working

7. Except in emergencies where operations are required to protect life, limb or property, construction operations (including the manoeuvring, loading or unloading of vehicles) shall only take place between the hours of:07:30 – 18:00 hours on Monday to Friday;07:30 – 18:00 hours on Saturdays;07:30 – 16:00 hours on Sundays and Bank Holidays.

With the exception of the period between May and end of September when construction operations shall be permitted to take place between the hours of: 07:30 – 21:00 hours on Monday to Friday;07:30 – 18:00 hours on Saturdays;07:30 – 16:00 hours on Sundays and Bank Holidays;

providing no external lighting is used during this period.

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Reason: To protect the amenity of the local environment, and in accordance with Policy 38 of the Gloucestershire Waste Local Plan and NPPF paragraphs 109 and 118.

Importation of Waste Material

8. The Intermediate Level Waste Storage Facility hereby permitted shall only be used for the storage of Intermediate Level Waste materials arising from the Berkeley Nuclear Licensed Site and there shall be no importation of any waste materials to the Berkeley Nuclear Licensed Site at any time.


Access, Traffic and Protection of the Highway

9. The scheme approved on 16.06.08 for a temporary car parking area for site operatives and construction traffic area shall be implemented and retained for that purpose for the duration of building operations.

Reason: To ensure that the access roads in the vicinity of the site are kept free from construction traffic in the interests of highway safety and to accord with Gloucestershire Waste Local Plan Policies 40.

10. No vehicles leaving the site shall enter the public highway unless their wheels and chassis are clean, to prevent materials being deposited on the highway.

Reason: In the interests of highway safety and to accord with Policies 39 and 40 of the Gloucestershire Waste Local Plan.

11. The scheme approved on 16.6.08 for vehicle wheel cleaning facilities shall be implemented and retained on site in accordance with details submitted and thereafter be maintained for the duration of the site works.

Reason: To ensure that mud and earth deposits are not brought onto the public highway in the interests of highway safety and to accord with Policies 39 and 40 of the Gloucestershire Waste Local Plan.

12. The schedule of signing and routing, detailing advisory construction/works and accessing arrangements signage approved 23.6.08 shall be erected and maintained as such thereafter for the duration of these works.

Reason: In the interests of highway safety in accordance with Policy 40 of the Gloucestershire Waste Local Plan.

Environmental Protection

13. The scheme approved 16.8.08 for the prevention of pollution during construction detailing: (a) site pollution security; (b) fuel and oil storage,

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bunding, delivery and use; (c) an emergency plan for dealing with minor and major spillage; (d) disposal of contaminated drainage, including water pumped from excavations, shall be implemented as approved and maintained as such thereafter for the duration of these works.

Reason: To ensure that construction of the proposed development will not cause pollution of controlled waters in accordance with Policy 33 of the Gloucestershire Waste Local Plan.

14. All reasonable steps shall be taken to minimise noise from vehicles and machinery, and in particular (but without prejudice to the generality of the foregoing) efficient silencers shall be fitted to and used by all vehicles and machinery on the site.

Reason: To protect the amenity of the local environment in accordance with Policies 16 and 37 of the Gloucestershire Waste Local Plan.

15. The external lighting scheme approved 16.8.08 shall be implemented as approved and maintained for the duration of the development.

Reason: To protect the amenity of the local environment and minimise disturbance to bird populations in accordance with Policies 23 and 37 of the Gloucestershire Waste Local Plan.

16. Any above ground storage tanks should be sited on an impervious base and surrounded by a suitable liquid tight bunded compound. No drainage outlet should be provided. The bunded area should be capable of containing 110% of the volume of the largest tank and all pipes, draw pipes and sight gauges should be enclosed within its curtilage. The vent pipe should be directed downwards into the bund.

Reason: To prevent pollution of the water environment in accordance with Policies 33 and 37 of the Gloucestershire Waste Local Plan.

Newt Protection

17. The protection of great crested newts from the effects of the development will be secured using the approach outlined in paragraph 5.1.2 in the Entec ‘Great Crested Newt Survey Report’ dated June 2007 as amended by drawing A-010 S5 – Site Plan showing location of proposed fences and landscaping, dated 7th April 2012.

Reason: To ensure that great crested newts are prevented from entering the site and any great crested newts on the site are safely translocated in accordance with Policy 43 of the Gloucestershire Waste Local Plan.

Landscaping and aftercare

18. A landscape management and aftercare scheme, based on drawing reference A-010 S6 – Site plan showing location of proposed fences and landscaping,

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dated 03.02.14 and BRK/PA/110 – Proposed planting matrix, dated December 2006, to include details for the long-term maintenance of the proposed landscaping and the treatment of the land following the removal of the temporary storage mounds, shall be submitted for the written approval of the Waste Planning Authority not later than 3 months from the date of this consent. The scheme shall thereafter be implemented as approved by the Waste Planning Authority.

Reason: In the interests of the amenity of the local area and to ensure that the landscaping and restoration is successful in accordance with Policy 43 of the Gloucestershire Waste Local Plan.

application no: 16/0019/stmajw validation date: 02 … 16_0019... · (nls) ceased generating...

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