R-2021-0405-FFM-Officer Report

Redcar and Cleveland Borough Council Planning (Development Management)(Edit)

APPLICATION NUMBER: R-2021/0405/FFM-Officer Report

LOCATION: LAND WITHIN SOUTH TEES DEVELOPMENT CORPORATION ADJOINING RIVER TEES AND HANSON CEMENT SOUTH BANK

PROPOSAL: ENGINEERING OPERATIONS ASSOCIATED WITH GROUND REMEDIATION AND PREPARATION AND ALTERATIONS TO ACCESS ARRANGEMENTS APPLICATION SITE AND DESCRIPTION

Permission is sought for engineering operations associated with ground remediation and preparation of the site at land within South Tees

Development Corporation, adjoining River Tees and Hanson Cement, South Bank.

The supporting documentation with the application details the site and proposed works as follows;

• The site, which is approximately rectangular in shape, comprises the north eastern part of the land known as ‘South Bank’ as defined in the Master Plan.
• The site is vacant brownfield land, most of which, until recently, was in occasional active use by Tarmac as an asphalt manufacturing plant. As such it contains mounds of material used in the manufacturing process, along with mobile and fixed plant. Tarmac have recently ceased operations and are in the process of clearing the site by dismantling and removing the plant equipment and mounds of materials. The northern central part of the site, was, until recently, home to a disused oil tank farm which has now been demolished and removed from the site.

An industrial pipeline – the Heavy Fuel Oil line – is present above ground running parallel to the south western edge of the site; this is currently being decommissioned and removed and alongside this is an Estuary water pumping main. The topography of the site is relatively flat, with the exception of isolated bunds and mounds; the existing ground levels ranges from approximately 5m to 12m AOD.

A pocket of land within the site is excluded from the redline because it is in active use by Hanson Cement as a cement manufacturing plant.

The site is bound as follows:

• To the north west by the River Tees;
• To the south west by an unnamed internal road;
• To the south east by the former SSI High Tip and the Highfield Environmental waste facilities; and
• To the north east by PD Ports operational land.

The site area within the red line boundary comprises approximately 42.3ha.

The proposed engineering works will result in the creation of an environmentally suitable development platform for future redevelopment.

Delivery of the future final use developments will require remediation and preparation of the ground, some of which is subject to contamination due to historic uses on the site. These works will include turnover of the made ground within the subsurface, removal and crushing of relic structures and obstructions, removal and treatment of environmental contamination as required and replacement of treated materials to formation levels for development.

The ‘South Bank Wharf Area B – Maximum Remedial Excavation Depths’ plan (ref: 10035117-AUK-XX-XX-DR-ZZ-0273-01) shows the maximum depths that ground could be excavated to across the site. These depths should be considered as a maximum parameter as the ground works will not necessarily extend to the maximum depths shown or cover the extents shown. For most of the site, denoted in blue on the plan, the maximum dig depth is 2.5m below ground level (“bgl”), but areas are also identified where excavation may go down to 4m and 5.5m bgl based on known ground conditions and that these areas will accommodate a new quay wall and development platform. It is proposed to use the treated excavated material as backfill for the ground preparation and formation of a development platform, and thus it is not anticipated that there will be any movement of material on to or off the site. The subsurface material removed will be screened, separated, treated as appropriate and crushed in line with the approach set out in the

Remediation Strategy (Enabling Earthworks and Remediation Strategy Report, Arcadis, April 2021).

The proposed development will result in the creation of a development platform with a maximum height of 15m AOD, as appropriate in relation to surrounding ground levels.

As part of the works it is also proposed to provide a temporary access road into the operational Hanson plant, and for future construction access into the wider South Bank site for which outline planning permission exists for up to 418,000 sqm (gross) of general industry and storage and distribution uses (ref. R-2020/0357/OOM-Officer Report). This road will be formed using compacted earth topped with tarmac, and will be removed when it is no longer required for access. The route of the road is shown on the ‘Proposed Hanson Access Road’ Plan (ref: TSWK-STDC-SBK-ZZ-DR-C-0013).

The plan referred to above also shows the proposed route for construction vehicles to access the application site while works are taking place, referred to on the plan as ‘Slag Haul Road to Access Site’. This road already exists as part of the internal road network within the Teesworks area, and it is proposed as part of the works to make improvements to the junction of the road with the rest of the internal road network. The two roads will be separated by a 1.2m high earth bund to ensure a clear separation of traffic.

The application has been accompanied by a dig depths plan and access route plan and the following documents:

• Enabling Earthworks and Remediation Strategy Report
• Habitats Regulations Assessment
• Ecological Impact Assessment

DEVELOPMENT PLAN(Edit)

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.

NATIONAL PLANNING POLICIES(Edit)

National Planning Policy Framework (NPPF)

REDCAR & CLEVELAND LOCAL PLAN (2018)(Edit)

SD1 Sustainable Development

SD2 Locational Policy

SD3 Development Limits

SD4 General Development Principles

SD7 Flood and Water Management

LS4 South Tees Spatial Strategy

ED6 Promoting Economic Growth

N1 Landscape

N4 Biodiversity and Geological Conservation

TA1 Transport and New Development

OTHER POLICY DOCUMENTS(Edit)

South Tees Area Supplementary Planning Document

PLANNING HISTORY(Edit)

R-2020/0357/OOM-Officer Report Outline planning application for demolition of existing structures on site and the development of up to 418,000 sqm (gross) of general industry (Use Class B2) and storage or distribution facilities (Use

Class B8) with office accommodation (Use Class B1), HGV and car parking and associated infrastructure works all matters reserved other than access

Approved 03/12/2020

RESULTS OF CONSULTATION AND PUBLICITY(Edit)

The application has been advertised by means of a press notice, site notice and neighbour notification letters.

As a result of the consultation period no written responses have been received

NO OBJECTION - SUBJECT TO APPROPRIATE MITIGATION BEING SECURED(Edit)

We consider that without appropriate mitigation the application would:

• have an adverse effect on the integrity of Teesmouth and Cleveland Coast Special Protection Area and Ramsar Site https://designatedsites.naturalengland.org.uk/.
• damage or destroy the interest features for which Teesmouth and Cleveland Coast Site of Special Scientific Interest has been notified.

In order to mitigate these adverse effects and make the development acceptable, the following mitigation measures are required / or the following mitigation options should be secured:

• Agreement of a comprehensive Construction Environmental Management Plan between your authority and the applicant.

We advise that an appropriate planning condition or obligation is attached to any planning permission to secure these measures.

Natural England’s further advice on designated sites/landscapes and advice on other natural environment issues is set out below.

CONSIDERATION OF PLANNING ISSUES(Edit)

The main considerations in the assessment of the application are;

• The principle of development
• The impacts on the character and appearance of the area
• The impacts on neighbour amenity
• The impacts on highways safety
• The impacts on Flood Risk
• The impacts on Ground Conditions and Contamination
• The impacts on Ecology
• The principle of development

The application site is located within the development limits and within a predominantly industrial/commercial area. The principle of the remediation of the site is acceptable and the proposal accords with the aims of policy SD3 of the Redcar and Cleveland Local Plan.

The application site is allocated under Local Plan Policy ED 6 (Promoting Economic Growth) for employment uses and suitable employment related sui generis uses, with specific policy support for proposals which positively contribute towards growth and regeneration. The application is for the remediation works to allow for the preparation of the site to facilitate future development at the site permitted under approval of application R-2020/0357/OOM-Officer Report. It is therefore considered that the proposed development would contribute towards industrial development in the short to medium term and compliance with Policy ED6.

The development proposal is wholly in accordance with South Tees SPD and it will facilitate the delivery of significant investment in the economy of the borough, which meets the vision and policy objectives of the Local Plan.

The principle of the development is acceptable and the proposal accords with the aims of policies SD3 ED6 and LS4 of the Redcar and Cleveland Local Plan and the South Tees SPD.

The impacts on the character and appearance of the area

The application site is surrounded almost entirely by existing industrial land and various commercial uses including the River Tees to the north. The proposed works mainly involve the remediation of the site through the digging down and processing of the soils and materials on the site. Given that the proposed works are to provide a development site suitable for future development it is considered to have limited impacts on the character and appearance of the area.

It is accepted that the development will alter the appearance of the site in the short during the operations associated with the works, the changes are not considered to be so significant or detrimental to the area that would require planning permission to be refused.

The proposal is suitable in relation to the proportions, size, scale and the application would respect the character of the site and its surroundings. The application accords with part j of policy SD4 of the Redcar and Cleveland Local Plan.

The impacts on neighbour amenity

The application site is surrounded almost entirely by existing industrial land and various commercial uses. Given the nature of the proposed development it is considered that there are limited receptors whose amenity might be affected by the proposed development.

The impact of any future development that will come forward on the remediated site will be assessed and where necessary mitigated against when those applications are received and determined.

The development would not have a significant adverse impact on the amenity of occupiers of existing buildings and the proposal accords with part b of policy SD4 of the Redcar and Cleveland Local Plan.

The impacts on highways safety

The application has been considered by the Council’s development engineers with regard to the impact of the development on the local highway network.

No objection has been received from the development engineers with regard to the principle of the proposed development.

The application proposes to deliver road access to the neighbouring Hanson Cement site to allow continued access during the operations associated within the remediation of the site.

The application subject to conditions and control measures through the proposed CEMP raises no issues in terms of highways safety and the application accords with part p of policy SD4 and policy TA1 of the Redcar and Cleveland Local Plan.

The impacts on Flood Risk

The application is for the remediation of the site with no end use development at this point. The LLFA have acknowledged that main aspect of the application is for remedial and preparation works to take place on site to allow for the site to be developed at a later date. It is therefore considered that this element of the proposal is compliant with policy SD7 as there is no increase to flood risk.

It is considered that through appropriate control measures through the proposed CEMP there will be no adverse impacts with regard to surface water management.

The development would not have a significant adverse impact on flood risk and the proposal accords with policy SD7 of the Redcar and Cleveland Local Plan subject to the imposition of the proposed condition.

The impacts on Ground Conditions and Contamination

The application has been considered by the Council’s environmental protection section with regard to both contamination and nuisance.

The application has been supported by an Enabling Earthworks and Remediation Strategy Report. No objections have been raised to this document, and it is noted that other strategies also exist for the wider Teesworks site. It is considered that subject to a condition that deals with any unexpected contamination and a Construction Environmental Management Plan (CEMP) relating to ground water, dust/air pollution and asbestos, there will be no adverse impacts resulting from the development. The wording of the conditions has been agreed with the applicant in advance of the application being determined.

With regard to the generation of any nuisance, consideration has been given to the generation of noise, dust and vibration from the proposed works. It has been agreed that these matters can be dealt with by way of a suitably worded planning condition in the form of a CEMP. The wording of the condition has been agreed with the applicant in advance of the application being determined.

The proposed development subject to the implementation of the suggested conditions, the proposal accords with parts b d and n of policy SD4 of the Redcar and Cleveland Local Plan.

The impacts on Ecology

The application is supported by an Ecological Impact Assessment and a Habitats Regulations Assessment which have been prepared by INCA.

A desk study has been undertaken as part of the assessment to identify all internationally and nationally designated sites within 10km and 5km respectively and locally designated sites within 2km.

Designated Sites

There are two internationally designated sites within a 10km radius of the site; the Teesmouth and Cleveland Coast Special Protection Area (SPA) and the Teesmouth and Cleveland Coast Ramsar site. The details of these sites in terms of proximity and the interest features of the sites are set out in Table 2 of the submitted Ecological Impact Assessment.

There are also two nationally designated sites within a 5km radius of the proposed development site; Teesmouth & Cleveland Coast Site of Special Scientific Interest (SSSI) and Teesmouth National Nature Reserve (‘NNR’).

The details of these sites in terms of proximity and the interest features of the sites are set out in Table 3 of the submitted Ecological Impact Assessment.

There are no locally designated sites on or within 2km of the site. The closest, Eston Pumping Station Local Wildlife Site is 2.5km north east of the site and is designated for its mosaic of habitats, including ‘Urban Grassland’, a form of brownfield habitat.

Protected Notable Species

As part of the submitted Ecological Impact Assessment consideration has been given to the following species with the EIA concluding the following;

Great Crested Newt

As GCN appears to be absent from the surrounding South Tees area, despite extensive survey effort, it is therefore considered to be absent from the site with no realistic potential for it to colonise. Therefore there would be no impacts on GCN

Bats

There is negligible amount of suitable habitat for bats on the proposed development site though small numbers would be expected to forage over the site. Two derelict electrical switchgear/ pumping station buildings were checked and are of negligible roosting potential for bats. Both buildings are single skin brickwork with a concrete roof, neither of which provide any suitable crevices for bats to roost in. An inspection of ledges within the buildings found no evidence of bat droppings. Therefore there would be no impacts on bats.

Reptiles

The habitat on the site is of low suitability for reptiles. Given that reptiles (common lizards) have only been recorded in the north of the Teesworks area and the limited opportunity for dispersal from there then reptiles are assessed as absent.

Birds

Several pairs of breeding birds occur on the site, utilising the scrub and trees.

The WCA 1981 makes it an offence to knowingly destroy the nests of birds when in use. The following Priority species are present:

• Willow warbler
• Dunnock
• Linnet
• General nesting birds

Brown Hare

While the on-site habitat is suitable for this species, it is disconnected from wildlife corridors and is assessed as not being present.

Hedgehog

While the on-site habitat is suitable for this species, it is disconnected from wildlife corridors and is assessed as not being present.

Common Toad

It was not safe to closely survey the pond for common toad tadpoles, although, none were seen through x10 binoculars when viewed from the top of the slope. No adult common toads were found under six felts and boards that were lifted and checked. This species is assessed as unlikely to be present.

Invertebrates

Dingy Skipper

The ‘poor semi-improved grassland’ contained some bird’s-foot trefoil (the larval foodplant of this butterfly). The likely presence of dingy skipper is assessed as moderate.

Grayling butterfly

The ‘ephemeral/ short perennial’ habitat contains some of this butterfly’s larval food plant (bents and fescue grasses). The likely presence of grayling is assessed as moderate.

Wall butterfly

The grassland habitats on-site support various grasses which make up the larval food plant of this species and bare spots are attractive to this species.

The likely presence of wall butterfly is assessed as moderate.

Small heath butterfly

The grassland habitats on-site support various grasses which make up the larval food plant of this species. The likely presence of small heath is assessed as moderate.

Other Invertebrates

Several ant nests were noted but the ants were not identified to species.

Available grassland, scrub and bare substrate may support other invertebrates of conservation importance (such as moths, solitary wasps, beetles, flies). However, due to the relatively small and secluded nature of the habitats, the likely presence of Priority species is assessed as negligible.

Conclusion

Within the Ecological Impact Assessment a summary has been provided with regard to impacts on designated sites, species and the summary of the

Biodiversity Net Gain position. It is considered that there will be no adverse impacts on designated sites, while it is also acknowledged that habitats will be lost on site that will need to be compensated for. This will take place through the implementation of the Teesworks Environment and Biodiversity Strategy.

This is currently being prepared for submission to the LPA. While it is acknowledged that the proposed development will result in a loss of 25.07 BDU’s this will be picked up through the condition attached to the outline application that covers this and the wider site. It is therefore not considered necessary to condition the compensation through this application as this could be considered as double counting.

The application has also been supported by an HRA prepared by INCA. The HRA concludes that the proposed development will not cause adverse effect to the integrity of the Teesmouth and Cleveland Coast SPA and Ramsar site, either alone or in combination with other plans or projects.

The proposed development is therefore considered to comply with policies SD4 (General Development Principles) and N4 (Biodiversity and Geological

Conservation) of the Local Plan.

Other matters

The draft conditions have been sent to the applicant for consideration and they have agreed to these.

CONCLUSION(Edit)

The application proposes engineering operations involved in the remediation and restoration of the site to provide a suitable development platform within the South Tees Development site.

The works are considered to be of a scale and design that area suitable for the site and its surroundings. The site is within an area allocated for employment related development in the Local Plan and it is considered the works will help facilitate future developments at the STDC site.

The application raises no issues in terms of highway safety or impacts from traffic generation as a result from the works subject to the application of suitable conditions.

The application site is in close proximity to sites of ecological importance and consideration has been given to the impacts of the development with regard to these designated sites as well as the more general ecological value of the site. The application has been supported by ecological survey work and an HRA, the recommendations of which are sought by way of planning conditions.

The proposed development is therefore considered to comply with policies within the NPPF and policies SD1 SD3 SD4 SD7 LS4 ED6 N4 TA1 of the Redcar and Cleveland Local Plan.

RECOMMENDATION(Edit)

Taking into account the content of the report the recommendation is to:

GRANT PLANNING PERMISSION subject to the following conditions:

1. The development shall not be begun later than the expiration of THREE YEARS from the date of this permission.

REASON: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the following approved plans:

Site Location Plan (Dwg No. TSWK-STDC-SBK-ZZ-DR-C-0012) received by the Local Planning Authority on 14/05/21

South Bank Wharf Area B -Maximum Remedial Excavation Depths (Dwg No. 10035117-AUK-XX-XX-DR-ZZ-0273-01-SBB_Rem_Ex DRAFT) received by the Local Planning Authority on 14/05/21

Proposed Hanson Access Road (Dwg No. TSWK-STDC-SBK-ZZ-DR-C0013) received by the Local Planning Authority on 14/05/21

REASON: To accord with the terms of the planning application.

3. No phase of development shall take place until a Construction

Environmental Management Plan (CEMP) for that phase of the development has been submitted to and approved in writing by the Local Planning Authority. The approved CEMP shall be adhered to throughout the construction period of that phase. The CEMP shall include details of any phasing of the approved works across the site and shall demonstrate how the mitigation measures set out in the Ecological Impact Assessment, INCA,, dated May 2021 have been incorporated in the

construction methods. The CEMP shall also include the following details:

i The method to be used to control the emission of dust, noise and vibration from construction works, including any details of any mitigation measures required;

ii Measures to control the deposit of mud and debris on adjoining public highways

iii Site fencing and security

iv Temporary contractors’ buildings, plant, storage of materials, lighting and parking for site operatives

v The use of temporary generators

vi The arrangement or turning of vehicles within the site so that they may enter and leave in forward gear

vii A risk assessment of construction activities with potentially damaging effects on local ecological receptors including any measures to protect those receptors during construction

viii Roles and responsibilities for the implementation of the CEMP requirements and measures.

ix Measures to control invasive plant species

x Measures to control surface water and other water generated as part of the works

REASON: In the interest of neighbour amenity, highways safety and protection of sites of ecological value in accordance with policies SD4 and N4 of the Redcar and Cleveland Local Plan.

REASON FOR PRE-COMMENCEMENT: The information is required prior to any works commencing on site as it relates to construction details which are often the first works on site and relate to site preparation.

4. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. prior to implementation of any amendments to the agreed strategy. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared which is subject to the approval in writing of the Local Planning Authority. The development shall then be carried out in accordance with the approved scheme.

Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

5. There shall be no site vegetation clearance between March to the end of August unless the project ecologist has first undertaken a checking survey immediately prior to the clearance and confirms in writing to the Local Planning Authority that no active nests are present.

REASON: To conserve protected species and their habitat in accordance with policy N4 of the Local Plan.

STATEMENT OF COOPERATIVE WORKING(Edit)

Statement of Co-operative Working: The Local Planning Authority considers that the application as originally submitted is a satisfactory scheme and therefore no negotiations have been necessary.

Mr D Pedlow

David Pedlow

Case Officer

Acting Development Services

Manager

3 September 2021

Delegated Approval Signature

Adrian Miller

Head of Planning and Development

3 9 2021