Agenda item

Variation of conditions 9 and 10 of planning application 08/002426/FULM to allow the delivery of fuel to the Bioflame plant and to extend period of operation [Rural West York Ward]

Members considered a full application from Yorwaste Ltd (Mr Mark Hall) for the variation of conditions 9 and 10 of planning application 08/002426/FULM to allow the delivery of fuel to the Bioflame plant and to extend the period of operation.

Officers circulated details of Conditions 9 and 10 as issued under the original Planning Application 08/002426/FULM:

9. Notwithstanding the application details hereby approved the biomass power plant shall remain ancillary to the waste disposal activity currently taking place at the site under planning permission 00/02689/FUL and no dedicated deliveries of fuel for the plant shall take place without the prior written authorisation of the Local Planning Authority.

Reason: To safeguard the character and amenity of the York Green Belt and to secure compliance with Policy GP1 of the York Development Control Local Plan.

10. In the event of the Biomass Plant permanently ceasing to operate or in the event of landfilling operations at Harewood Whin ceasing, all plant, associated structures and buildings shall be removed from the site and the land shall be restored in accordance with the previously approved scheme of restoration for the Harewood Whin site within six months of the cessation of operations.

Reason: To safeguard the character of the site in the interests of visual amenity and to secure compliance with York Development Control Local Plan Policy GB1.

Officers also confirmed that, as this proposal was considered to be inappropriate development in the Green Belt under PPG2, the applicant had put forward “very special circumstances” to justify the location of the proposal within the Green Belt.

Representations were received from a representative of Rufforth Parish Council who confirmed that the Parish Council were not against this proposal. He reminded the Sub-Committee that the Parish Council wished to see the end of waste related activities on the site by 2017 and the restoration of the site with an agreed landscaping scheme.

Representations were received from the applicant in support of the application.  He confirmed that the modification of these conditions was to allow for the operation of the plant to continue for a further 10 years from it’s commissioning and to allow for the delivery of fuel to the site from outside sources. He stated that the number of vehicle movements to the site would be less environmentally damaging than that taking place at present.

Members stated that rather than receiving applications piecemeal for the site that it would be useful if the applicants could provide an outline of their future proposals. They also questioned whether a commissioning date should form part of any approval.

Following further discussion it was

RESOLVED:                         That the application be approved subject to the imposition of the conditions listed in the report and to the Assistant Director (Planning and Sustainable Development), in consultation with the Chair and Vice Chair, being delegated authority to agree and incorporate the commissioning date of the development in the decision notice. ^1.

REASON:                              In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the open character and purposes of designation of the Green Belt, impact of the proposed chimney stack on the visual amenity of the adjoining countryside, impact of the proposal on air quality and emission levels in the in the surrounding areas, cumulative impact upon amenity taken together with other activities taking place at the site, impact upon traffic volumes using the surrounding road network, impact upon the level of waste materials disposed to landfill and the contribution of the proposal to meeting energy need from sustainable sources. As such the proposal complies with Policy YH9 and Y1C of The Yorkshire and Humber Plan, policies MW5, GB1, of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.