PLANNING COMMITTEE 5 October 2017

Matthew.rees@hounslow.gov.uk

References: P/2017/2168 01390/AX/P3

Address: Heathrow Eastern Balancing Reservoirs, Girling

Way, Feltham

Ward:

Proposal:

Application Drawings:

Feltham North Ward

Erection of a Moving-Bed Bio Reactor (MBBR)

water treatment plant, in-pond sheet piling and

relief channel.

16886 – XX – GA – 960 – 000002 Version 1.0, 16886 –

XX – GA – 864 - 000008 Version 1.0, 16886 – XX – GA

– 864 - 000009 Version 1.0, XA100 rev P2, XA101 rev

P2, XA102 rev P3, Ecological Mitigation Report (dated

March 2017) and Planning Statement (dated 22 May

2017) received on 25 May 2017, Performance

Specification (dated 16 February 2017), Particular

Specification (dated 16 February 2017), Plant Noise

Assessment (dated 21 April 2017) received on 6th June

2017 and 16886 – XX – GA – 960 – 000001 Version 1.0

received on 24 July 2017

This application is being forwarded to Planning Committee on the basis

that it represents a departure from the Development Plan.

1.0 SUMMARY

1.1 The applicant seeks planning approval for a Moving Bed Biofilm Reactor

biological waste water treatment plant, a new relief channel and

associated equipment with a view to improving the cleanliness of water

being released from the Heathrow Eastern Balancing Reservoir into the

River Crane.

1.2 The proposed structures are considered to be sensitively located as to

ensure they do not raise any design, transport or amenity concerns.

They would be located within Green Belt land, but given the wider

benefits attached to the scheme it is considered that in this case very

special circumstances exist for permitting the works.

Approval of the planning application is therefore recommended.

2.0 SITE DESCRIPTION

2.1 The application site is the Eastern Heathrow Balancing Reservoir, an

approximately 24 hectare site bordered by the Great South West Road

on its northern and western sides, properties adjacent to and fronting on

to Green Man Lane to the south, industrial units to the north and south

east and the River Crane to the north east.

2.2 The balancing reservoir is split into 2 distinct bodies of water with the

Causeway running through the middle. The western (upper) reservoir

receives water run-off from Heathrow Airport and through a system of

instruments and sheet piles measures the toxicity of water, separates

contaminated water containing de – icer that runs off from the airport,

contains it allowing for the chemicals to be broken down before

discharging it into the river Crane.

2.3 The site is primarily accessed via an access point off the Great South

Western Road, though there is a smaller access point off Green Man

Lane. The entire site is allocated as Green Belt and a Site of Importance

for Nature Conservation.

3.0 HISTORY

3.1 The recent planning history on the site is limited to approval of a switch

room in 2005 (ref: 01390/AX/P1) and security enhancements in 2014

(01390/AX/P2)

4.0 DETAILS

4.1 The purpose of the application is to improve the existing facilities with an

additional pollution control mechanism to cater for a rise in levels de –

icing fluids running off into the reservoir, preventing run off into the River

Crane.

4.2 The additional facilities involve:

A new Moving Bed Biofilm Reactor (MBBR) biological waste

water treatment plant

A series of sheet piling within the upper reservoir

A new outfall to the River Crane from the lower reservoir

4.3 The MBBR plant would occupy a 40 x 50 metre plot of land to the south

of the upper reservoir, primarily on an existing parking area. The

equipment would comprise of a series of tanks with free moving plastic

carriers and ancillary equipment reaching a maximum height of 12.75

metres. The facility would remove biodegradable organic compound

present in wastewater, converting it into sludge for removal.

4.4 2 sets of sheetpiles and penstocks would be installed within the upper

reservoir, these would hold back water containing de – icer so it may be

treated.

4.5 The relief channel into the River Crane would be located on the northern

side of the site tunnelling under the existing riverside pathway. This

would serve to discharge more clean water into the River Crane when

possible to alleviate flood pressure within the reservoir and control flow

rates.

5.0 CONSULTATIONS

5.1 41 neighbouring properties were consulted on 7 August 2017, a site

notice erected on 16 August 2017 and a press notice advertised on 18

August 2017. The application has been advertised as a departure from

the Development Plan on the basis that the proposal involves

development within the Green Belt. No public objections were received.

5.2 The Environment Agency responded with an objection to the planning

application on the basis of an absence of a Flood Risk Assessment.

These objections were subsequently removed with the provision of

additional information.

5.3 Heathrow Airport have responded, raising no objections to the scheme

subject the imposition of conditions.

5.4 The Friends of the River Crane Environment Group responded to

support the principle of the proposal, but requested screening to the

MBBR plant.

5.5 Natural England responded to point towards their standing advice.

5.6 Transport for London responded to raise no objection to the scheme,

subject to the imposition of certain conditions.

5.7 The Canal and Riverboat Trust responded with no comments on the

application.

6.0 POLICY

Determining applications for full or outline planning permission

6.1 The determination must be made in accordance with the development

plan unless material considerations indicate otherwise. Local finance

considerations must also be assessed.

The National Planning Policy Framework

6.2 The National Planning Policy Framework (NPPF) came into force on 27

March 2012, and from April 2014 National Planning Practice Guidance

(NPPG) in the form of an online guidance resource to support the NPPF

came into effect. The Local Planning Authority (LPA) considers that,

where pertinent, the NPPF and NPPG are material considerations and

as such, will be taken into account in decision-making as appropriate.

The Development Plan

6.3 The Development Plan for the Borough comprises the Council's Local

Plan (adopted by the Council on 15 September 2015), the West London

Waste Plan and the London Plan Consolidated with Alterations since

2011.

The Local Plan documents can be viewed on the Planning Policy pages

of the Hounslow website.

Relevant Local Plan Policies

CC1

CC2

EC2

GB1

GB5

GB7

EQ1

EQ2

EQ3

EQ4

EQ5

EQ7

EQ8

Context and Character

Urban Design and Architecture

Developing a sustainable local transport network

Green Belt and Metropolitan Open Land

Blue Ribbon Network

Biodiversity

Energy and Carbon Reduction

Sustainable Design and Construction

Flood Risk and Surface Water Management

Air Quality

Noise

Sustainable Waste Management

Contamination

7.0 PLANNING ISSUES

7.1 The planning issues to consider are:

Principle of development, including impact on the Green Belt

Design and the impact on the character of the wider area

Impact on nearby occupiers

Traffic and Parking

Environmental Considerations

Trees

The Principle of Development

7.2 Policy GB1 (Green Belt and Metropolitan Open Land) seeks to protect

and enhance Green Belt, stating the Council will expect development

proposals to comply with the National Planning Policy Framework

(NPPF).

7.3 The National Planning Policy Framework states that a Local Planning

Authority should regard the construction of new buildings as

inappropriate development, exceptions are listed, but the proposal is

considered not to constitute an exception to inappropriate development.

The NPPF goes on to state that inappropriate development should not

be approved except in ‘Very Special Circumstances’, giving significant

weight to harm to the Green Belt.

7.4 It is considered that the scheme, when considered as a whole with

particular reference to the MBBR would constitute inappropriate

development on the land and as such, should the Council grant

planning approval it would need to be demonstrated that very special

circumstances exist in this case.

7.5 However officers consider the development to constitute very special

circumstances. The application has established that the existing process

of the balancing reservoir has been insufficient to control the release of

polluted water into the River Crane, the applicants and the Friends of

River Crane Environment Group have highlighted the impact this has

downstream of the site through both Hounslow and Richmond. The

treatment plant has the potential to remove this major detrimental

impact on the river and provide benefits at more than a local level. In

addition to this the bulk of works, aside from the MBBR are modest in

scale and unlikely to detract from the openness of the land. The MBBR

itself is sensitively located on an existing parking area, trees border the

structure obscuring views from Green Belt and on this basis no

objections are raised to the principle of development.

Design and the impact on the character of the wider area

7.6 Policy 7.1 of the London Plan requires the design of new buildings and

the spaces around them to reinforce or enhance the character of the

neighbourhood. Policy 7.4 requires the design of the building to respond

appropriately to the local character. Policy 7.6 requires high quality

architecture and materials.

7.7 Local Plan policies CC1 and CC2 require all new development to

preserve and enhance the special qualities and heritage of an area and

state that the Council will promote and support high quality urban design

and architecture to create attractive, distinctive, and liveable places.

Policy GB1 of the Local Plan seeks to protect Green Belt by preserving

openness, quality and performance.

7.8 The ancillary works, including the insertion of sheet piles are largely

hidden and considered not to impact on the character of the area. The

relief channel would primarily be concrete but submerged. It does

involve some externally visible changes, aside from the water body,

including hand rails, bollards and a redesigned section of footpath which

bridges the channel but these are considered not to detract from the

character of the area.

7.9 The MBBR would be functional in appearance and reaching 12.5 metres

in height would not be modest in size. This is considered to be

acceptable on the basis of the functional requirement of the facility and

the existing screening provided by trees around the site. A condition is

recommended to secure further screening from where the development

would be visible from the public footpath.

7.10 As such the design of the buildings is considered to be acceptable.

Impact on nearby occupiers

7.11 Policy CC2 of the Local Plan states that new development should

protect the amenities of existing occupiers.

7.12 The bulk of the proposed works are not in a location that would impact

on local residents. The nearest properties to the MBBR plant are those

on Dockwell Close, around 60m from the site. On this basis no concerns

are raised in terms of loss of light and outlook and vehicles would

access the site off the Great South West Road so would not cause

noise and disturbance to neighbours.

7.13 Matters of noise are dealt with under section 7.17 of this report. As such

the application is considered to comply with policy CC2 of the Local

Plan.

Traffic and Parking

7.14 No additional parking would be required as part of the scheme, the

proposed reactor would only be in operation in winter months

(November – March) and will require approximately 4 HGV deliveries

per week for delivery and servicing.

7.15 The impact of such activities would not be significant, access to the site

would be via a road operated by Transport for London and they have

raised no objection to the scheme.

7.16 Conditions are recommended to secure details of construction and

servicing.

Environmental Considerations

Noise

7.17 Policy EQ5 of the Local Plan seeks to limit impact of noise generating

uses on sensitive receptors, in this case nearby dwellings. It expects

development proposals to generate noise levels of at least 10dB below

background noise levels.

7.18 The applicant has provided a Noise Assessment for the scheme, but it

was not able to fully establish the noise generation of the proposed

equipment. Notwithstanding this given separation distances and green

screening retained it is considered this is unlikely to be a significant

issue. A condition is though recommended to require a full assessment

to be provided with mitigation if required.

Air Quality/ Odours

7.19 The applicant has offered comfort that the proposal would not result in

significant odours. Measures for controlling odours are also outlined,

including covering the tank and monitoring potential odours which is

considered to be acceptable. No significant further air quality issues

arise from the scheme.

Sustainability

7.20 An Energy Statement has been submitted with the scheme which

outlines energy efficient measures. On the basis of this information,

acknowledging that nature of development proposed this is considered

to be acceptable.

Ecology

7.21 No objections were raised by the Councils ecology advisor as part of the

application process with the location of development proposed. Given

the clear intention of the development is to improve ecology in the area

no concerns are raised on these grounds, the application is considered

to have met the aims and objectives of Natural England’s standing

advice and no objections have been raised by the Environment Agency.

7.22 An ecology report submitted with the application clearly outlines the

benefits of the schemes and mitigation where potential harm is caused,

a condition is recommended to ensure the scheme is implemented in

accordance with the documents recommendations.

Flood Risk/ Drainage

7.23 Concerns were initially raised by the Environment Agency over the

absence of a Flood Risk Assessment with the scheme. These were

subsequently overcome with the submission of further documents and

as such no concerns are raised on these grounds.

Trees

7.24 There are trees on and within close proximity to the application site,

though none are protected by virtue of a Tree Preservation Order or a

Conservation Area designation. It is considered the issue may be

suitably address via planning conditions relating to tree protection and

landscaping.

8.0 EQUALITIES DUTIES IMPLICATIONS

8.1 The public sector equality duty applies to all council decisions.

A public authority or any person who exercises public functions must, in the exercise of those functions, have due regard to the need to:

A. Eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act;

B. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

C. foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

8.2 Having due regard to the need to advance equality of opportunity, this involves having due regard, in particular, to the need to:

A. remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

B. take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

C. encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

8.3 This shall include, in particular, but is not limited to steps to take account of disabled persons' disabilities.

8.4 The exercise of public functions must have due regard to the need to foster good relations between persons who share a relevant protected characteristic and those who do not, in particular, to the need to:

A. tackle prejudice; and

B. promote understanding.

8.5 Compliance with these duties may involve treating some persons more favourably than others. This is not to be taken as permitting conduct that would otherwise be prohibited by or under the Act.

8.6 The relevant protected characteristics are: age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; marriage and civil partnership; and sexual orientation.

8.7 Due regard needs to be demonstrated in the decision making process and requires an analysis of the material with the specific statutory considerations in mind. It does not follow that the considerations raised will be decisive in a particular case the weight given to them will be for the decision maker. The equalities duty is not a duty to achieve a particular result. Some equalities considerations are covered under other legislation such as building control matters. Officers have in considering this application and preparing this report had regard to the public sector equality duty and have concluded that due regard has been given to the Council’s duty in respect of its equalities duties and that if approving or refusing this proposal the Council will be acting in compliance with its duties”.

9.0 Community Infrastructure Levy

Some new developments granted planning permission will be liable to pay Community Infrastructure Levy (CIL) to the Mayor of London and Hounslow.

CIL is payable on m2 of new floor space or where a new dwelling is created or the net floor area increase exceeds 100 m2

Mayors £35 per m2

Hounslow Housing

East £200 m2

Central £110 m2

West £70 m2

Supermarkets,

superstores and retail

warehousing £155 m2

Health care, education

and emergency

services facilities £0

All other uses £20

m2

Should the application be approved this proposal would be liable to pay

Community Infrastructure Levy.

Demolished Floor Space: 0

Proposed Floor Space: 0

Liable Floorspace: 0

10.0 Conclusion

10.1 The proposal would result in significant ecology benefits to the borough

without raising significant design, transport or amenity concerns and this

is considered sufficient to demonstrate very special circumstances exist

for approving the development.

11.0 RECOMMENDATION:

That planning permission be granted subject to the following conditions

1. The development hereby permitted shall be begun before the

expiration of three years from the date of this permission.

Reason: To accord with the provisions of Section 92 (1) of the Town

and Country Planning Act 1990.

2. No development shall take place until samples of the materials to be

used in the construction of the external surfaces of the hereby

permitted have been submitted to and approved in writing by the

local planning authority. Development shall be carried out in

accordance with the approved details

Reason. In order that the Council may be satisfied as to the details

of the development in the interests of the visual amenity of the area

and to satisfy the requirements of policies CC1 and CC2 of the

adopted Local Plan.

3. The proposed development shall be carried out in all respects in

accordance with the proposals contained in the application and the

plans submitted (16886 – XX – GA – 960 – 000002 Version 1.0, 16886 –

XX – GA – 864 - 000008 Version 1.0, 16886 – XX – GA – 864 - 000009

Version 1.0, XA100 rev P2, XA101 rev P2, XA102 rev P3, Ecological

Mitigation Report (dated March 2017) and Planning Statement (dated 22

May 2017) received on 25 May 2017, Performance Specification (dated 16

February 2017), Particular Specification (dated 16 February 2017), Plant

Noise Assessment (dated 21 April 2017) received on 6th June 2017 and

16886 – XX – GA – 960 – 000001 Version 1.0 received on 24 July 2017)

therewith and approved by the Local Planning Authority, or as shall

have been otherwise agreed in writing by the Local Planning

Authority before the building is used.

Reason. To ensure the development is carried out in accordance

with the planning permission.

4. Prior to the commencement of development a Construction Method

Statement shall be submitted to and approved in writing by the Local

Planning Authority. The scheme shall be implemented in accordance

with the approved details

Reason: To ensure the scheme does not give rise to highway safety

or amenity concerns in accordance with policies CC2 and EC2 of the

Local Plan.

5. Prior to first use of the development hereby approved full details of both hard and soft landscape works shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing material); proposed and existing functional services above and below ground (eg drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc); retained historic landscape features and proposals for restoration, where relevant). Soft landscape works shall include (planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme)

Reason In the interest of biodiversity, sustainability, and to ensure that a satisfactory standard of visual amenity is provided and maintained in accordance with policy CC1, CC2 (New Development) of the adopted Local Plan

6. The development shall be implemented in accordance with the

Ecological Mitigation Report (dated March 2017) received on 25 May

2017.

Reason: To ensure the development does not compromise ecology

in the locality and accords with policy GB7 (Biodiversity) of the

adopted Local Plan.

7. Prior to first use of the development hereby approved a Noise Report shall be submitted to and approved in writing by the Local Planning Authority detailing operation levels and mitigation measures proposed. The development shall operate in accordance with the approved details.

Reason: To ensure neighbouring residents do not suffer loss of amenity through excessive noise and to accord with policy EQ5 (Noise) of the adopted Local Plan.

8. Prior to first use of the development hereby approved an Odour Report shall be submitted to and approved in writing by the Local Planning Authority detailing operation levels and mitigation measures proposed. The development shall operate in accordance with the approved details. Reason: To ensure neighbouring residents do not suffer loss of amenity through excessive odours and to accord with policy EQ4 (Air Quality) of the adopted Local Plan.

9. No Development can take place until mitigation has been agreed

and put in place to ensure that the proposed development will have

no impact on the H10 Radar at Heathrow Airport.

Reason: To ensure the development does not endanger the safe movement of aircraft or the operation of Heathrow Airport through interference with communication, navigational aids and surveillance equipment.

Informatives:

1. Approved in accordance with pre – application advice 2. Heathrow have offered the following observations:

Cranes Given the nature of the proposed development it is possible that a crane may be required during its construction. We would, therefore, draw the applicant’s attention to the requirement within the British Standard Code of Practice for the safe use of Cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4, ‘Cranes and Other Construction Issues’ (available at http://www.aoa.org.uk/policy-campaigns/operationssafety/ Lighting The development is close to the aerodrome and the approach to the runway. We draw attention to the need to carefully design lighting proposals. This is further explained in Advice Note 2, ‘Lighting near Aerodromes’ available at http://www.aoa.org.uk/policycampaigns/ operations-safety/. Please note that the Air Navigation Order 2005, Article 135 grants the Civil Aviation Authority power to serve notice to extinguish or screen lighting which may endanger aircraft. Wind Turbines

Wind Turbines can impact on the safe operation of aircraft through interference with aviation radar and/or due to their height. Any proposal that incorporates wind turbines must be assessed in more detail to determine the potential impacts on aviation interests. This is explained further in Advice Note 7, ‘Wind Turbines and Aviation’ (available at http://www.aoa.org.uk/policy-campaigns/operations-safety/. It is important that any conditions requested in this response are applied to a planning approval. Where a Planning Authority proposes to grant permission against the advice of Heathrow Airport Ltd, or not to attach conditions which Heathrow Airport Ltd has advised, it shall notify Heathrow Airport Ltd, and the Civil Aviation Authority as specified in the Town & Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosive Storage Areas) Direction 2002. 3. Transport for London have made the following comments: The footway and the carriageway of the A30 and A312 must not be blocked during the development of the proposal. Temporary obstructions during the construction of the development must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrians or obstruct the flow of traffic on these roads. All vehicles associated with the development must only park/stop at permitted locations and within the time periods permitted by existing restrictions. No skips or construction materials should be kept on the footway or carriageway on the TLRN at any time. Should the applicant wish to construct scaffolding or a hoarding on the footway whilst undertaking this work, separate licenses may be required with TfL, please see: http://www.tfl.gov.uk/info-for/urban-planning-and-construction/highway-licences.