Location
LACKENBY WORKS, REDCAR BULK TERMINAL LTD
TRUNK ROAD
REDCAR
Proposal
REMEDIATION AND STRENGTHENING WORKS TO THE QUAY AT REDCAR BULK TERMINAL
Application Type
Major Application
Status
Approved
Parish(es)
Applicant
C/O AGENT REDCAR BULK TERMINAL (RBT)
Applicant's Address
LACKENBY WORKS
LACKENBY MAIN OFFICE
MIDDLESBROUGH
TS6 7RP
Agent
Rapleys LLP
Agent's Address
MR ABRAHAM LAKER
66
ST JAMES'S STREET
LONDON
SW1A 1NE
Agent's work phone
Agent's email
Case Officer
Mr A Miller
Case Officer Telephone
01287 612454
Case Officer Email
Adrian.Miller@redcar-cleveland.gov.uk
Consultation Start
12/01/2024
Weekly List Expiry Date
-
Date Received
05/12/2023
Date Valid
14/12/2023
Expiry
14/03/2024
Consultation Expiry
06/02/2024
associated_bldreg
-
Decision
GRANT PLANNING PERMISSION
Decision Date
14/03/2024
Decision Level
-
| # | Condition Details |
|---|---|
| 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: 107356-MMD-PL-XX-DR-C-0140 (Location Plan) received by the Local Planning Authority on 14 December 2023 107356-MMD-PL-XX-DR-C-0140 P01 (Site Boundary) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-0010 P01 (Title Page) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-0200 P02 (General Arrangement Demolition Plan) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-4111 P01 (Cell Type 1 - Sections Full Piles) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-4102 P01 (Cell Type 1 - Pile Arrangement) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-4100 P01 (Cell Type 1 - General Arrangement Slab) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-0201 P01 (Cell Type 1 - General Arrangement Demolition Sections) received by the Local Planning Authority on 5 December 2023 107356-MMD-PL-XX-DR-C-4110 P01 (Cell Type 1 - Sections Piles and Beams) received by the Local Planning Authority on 5 December 2023 REASON: To accord with the terms of the planning application. |
| 3 | The development shall be carried out at all times in accordance with the mitigation measures set out at Para 6.13 of the Shadow Habitat Regulations Assessment; specifically the following measures shall be implemented as standard operating procedures on the site; (i) All contractors and sub-contractors shall be made aware of working practices to be implemented to reduce noise levels prior to the commencement of works; (ii) All contractors and sub-contractors will be required to produce and adhere to method statements throughout the proposals and must take precautions to minimise noise, vibration and light; (iii) Engines will be switched off where vehicles are standing for a significant amount of time (defined as 10 minutes of no operation); (iv) Acoustic enclosures shall be installed around each cell area which is subject to works, the enclosure will remain in place throughout the operation of noisy equipment and plant in these areas; (v) Where practical operation of plant at low speeds and incorporating automatic low speed idling; (vi) Where practical selection of electrically driven equipment in preference to internal combustion power, hydraulic power in preference to pneumatic and wheeled in lieu of tracked plant wherever practical (vii) Diesel and petrol engines to be fitted with efficient silencers and noise equipment to be effectively muffled or of a design with low noise frequency; and (viii) Properly maintaining all plant (greased, blown silencers replaced, saws kept sharpened, teeth set and blades flat, worn bearings replaced, etc.). REASON; To accord with the terms of the application and to ensure that those mitigation measures identified in the Shadow Habitat Regulations Assessment are appropriately implemented in order to minimise the impact of construction activity on nearby ecologically sensitive areas. |
| 4 | Prior to the commencement of the development approved, or in such extended time as may be agreed in writing with the Local Planning Authority, details shall be submitted of a Construction Surface Water Management Plan and the development shall be implemented in accordance with the plan. REASON: In order to protect water quality in the adjoining Special Protection Area and Ramsar site during the construction process. |
| 5 | The development hereby permitted shall not be commenced until such time as a Construction Environment Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved. The plan should include, but not be limited to, the following: (a) Treatment and removal of suspended solids from surface water run-off during construction works; (b) Management of fuel, chemical, concrete and paint spills during construction, including the process in place to ensure the environment is not detrimentally impacted in the event of a spill; (c) Evidence and details of the physical barrier that will prevent surface water run-off from construction activities entering the River Tees. REASON This approach is supported by paragraph 180 of the National Planning Policy Framework (NPPF), which recognises that planning should contribute to and enhance the environment by preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans. This approach is also supported by the Planning Practice Guidance (PPG) for water supply, wastewater and water quality, which recognises that the Water Environment Regulations 2017 set out requirements to prevent the deterioration of aquatic ecosystems; protect, enhance and restore water bodies to ‘good’ status; and achieve compliance with standards and objectives for protected areas. The Northumbria River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. Without this condition, the impact could cause the deterioration of a quality element to a lower status class because it would result in the elevation of suspended sediments and hazardous substances. This could have significant implications for Water Framework Directive status and ecology. |
| 6 | The development shall be implemented in all respects in accordance with the recommendations set out at page 30 of the submitted Site Investigation Report (Spencer Group 26 November 0221 C1927 – Redcar Bulk Terminal) REASON; To accord with the terms of the application, to provide reassurance as to the consistency of the current condition of the quay and the adequacy of the design before the main construction works and to ensure that the risk of any sources of existing ground contamination is appropriate managed |
| 7 | 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. |
| 8 | Section 14 of the February 2024 response to Environment Agency comments states that the proposed works are physically separate from the closest part of the river by the outer quay structure. To ensure there is no pathway between the source of pollution and the receptor, we require details on the physical barriers that will separate construction run-off from entering the River Tees. From the photos provided, it is evident there is a low wall in some areas of the quay structure, which is sufficient as a barrier (IRHA part 2, Photo No11, page 15). On the main stretch of the quay, the track that the rail mounted gantry crane sits upon appears to be a physical barrier (IRHA part 2, Main Quay Visual Inspection Supporting Photos, Figure 3). We require confirmation that this rail track is fit for purpose as a physical barrier and will prevent surface water from entering the River Tees. If this track is not suitable to separate the construction activities and the River Tees, we would expect to see details of a different separation method to ensure there is no pathway between the source of pollution and the receptor. This information should be included within the Construction Environment Management Plan. We would also like to repeat the below advice which is still applicable: Pollution Control - Advice to Applicant Any cement/concrete used should be quick-drying marine specification grade in order to minimise contamination risk to the estuary. Any wash waters containing cement/concrete should be collected and disposed to foul sewer. It is important that works should minimise risk of pollution from disturbed silts whilst working in the estuary channel. Works should be carried out at low tide with excavations bunded and any silt/silted water removed and disposed of in a way that minimises run-off to the Tees estuary. Works should follow the Pollution Prevention Guidance including having emergency spill kits and risk assessments. Plant and wheel washing should be carried out in a designated area of hard standing at least 10 metres away from the estuary or any surface water drain, and run-off collected and discharged to foul sewer. We would remind you that under Section 85 of the Water Resources Act 1991, it is an offence to cause or knowingly permit any poisonous, noxious of polluting matter or any solid waste matter to enter any controlled waters. Under the terms of the Salmon and Freshwater Fisheries Act 1975, it is an offence to cause or knowingly to permit to flow, or put, into any waters containing fish any liquid or solid matter to such an extent as to cause the water to be poisonous or injurious to fish or the spawning grounds, spawn or food of fish. Any oil, fuel or chemical spill within the marine environment should be reported to the MMO, Marine Pollution Response Team. Within office hours: 0300 200 2024 Outside office hours: 07770 977 825 Defra duty room (if no response at previous numbers): 0345 0818486 MMO emergency fax number (not manned 24 hours): 0191 3762682 dispersants@marinemanagement.org.uk. Environmental Protection (Duty of Care) Regulations – Advice to Applicant The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable to any off-site movements of wastes. The code of practice applies to you if you produce, carry, keep, dispose of, treat, import or have control of waste in England or Wales. The law requires anyone dealing with waste to keep it safe and make sure it’s dealt with responsibly and only given to businesses authorised to take it. The code of practice can be found here: Waste duty of care code of practice - GOV.UK (www.gov.uk) If you need to register as a carrier of waste, please follow the instructions here: https://www.gov.uk/register-as-a-waste-carrier-broker-or-dealer-wales There are some waste exemptions which don’t need to be registered. These are called Non-Waste Framework Directive (NWFD) exemptions. These relate to the process of gathering waste together and storing it at the place where it’s produced. Although you don’t have to register this exemption, you must still comply with the terms and conditions of the exemption. Further information on the NWFD 2 temporary storage at the place of production and relevant conditions can be found here: Waste exemption: NWFD 2 temporary storage at the place of production - GOV.UK (www.gov.uk) If you require any local advice or guidance, please contact your local Environment Agency office: Teesdale House, Lingfield Way, Darlington, DL1 4GQ Telephone: 0370 850 6506 Non-Environment Agency lead priority species of conservation concern - Advice to Applicant The proposed development may pose a risk to a priority species that is listed in section 41 of the Natural Environment and Rural Communities (NERC) Act 2006. Common seal have a well-documented breeding population within the Tees Estuary and are known to regularly commute upstream as far as the Tees Barrage to forage. Operations that cause vibration within the water column may cause disturbance to common seal. If this occurs at a time when seals are particularly sensitive to disturbance (e.g. just after pupping), then the proposals may result in harm to the local population. Whilst a HRA has been submitted, no other ecological report has been put forward to assess the potential for impacts to seals. We strongly recommend that this is taken into account when the application is considered for approval. |
| 9 | Water Quality Permit Requirements – Advice to Applicant You do not require a permit if you are only discharging uncontaminated surface runoff. If you intend to discharge to surface water for dewatering purposes, this may be covered by a Regulatory Position Statement (RPS) for water discharge activities. If you can comply with all of the conditions within the RPS, then a permit is not required for this activity. Please find the RPS conditions here: Temporary dewatering from excavations to surface water - GOV.UK (www.gov.uk) If any discharges do not fully comply with the RPS, then a bespoke discharge permit will be required. Please find guidance on applying for a bespoke water discharge permit here: Discharges to surface water and groundwater: environmental permits - GOV.UK (www.gov.uk) Abstraction Licence – Advice to Applicant If you intend to abstract more than 20 cubic metres of water per day from a surface water source e.g. a stream or from underground strata (via borehole or well) for any particular purpose then you will need an abstraction licence from the Environment Agency. There is no guarantee that a licence will be granted as this is dependent on available water resources and existing protected rights. Dewatering is the removal/abstraction of water (predominantly, but not confined to, groundwater) in order to locally lower water levels near the excavation. This can allow operations to take place, such as mining, quarrying, building, engineering works or other operations, whether underground or on the surface. The dewatering activities on-site could have an impact upon local wells, water supplies and/or nearby watercourses and environmental interests. This activity was previously exempt from requiring an abstraction licence. Since 1 January 2018, most cases of new planned dewatering operations above 20 cubic metres a day will require a water abstraction licence from us prior to the commencement of dewatering activities at the site. More information is available on gov.uk: https://www.gov.uk/guidance/water-management-apply-for-a-water-abstraction-or-impoundment-licence#apply-for-a-licence-for-a-previously-exempt-abstraction. Marine Management Organisation (MMO) License – Advice to Applicant The applicant may need to apply for a MMO license. The Marine and Coastal Access Act 2009 provides that a marine license is required for certain activities carried out within the UK marine area. It is the applicant’s responsibility to find out whether their activity requires a marine licence. Environmental permit – Advice to Applicant The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place: on or within 8 metres of a main river (16 metres if tidal) on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal) on or within 16 metres of a sea defence involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert In the floodplain of a main river if the activity could affect flood flow or storage and potential impacts are not controlled by a planning permission For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities-environmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environment-agency.gov.uk. The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity. |
If you are unable to find the decision notice that relates to this planning application, please email planning_admin@redcar-cleveland.gov.uk and we will provide this document to you.
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| Consultee Name | Date Letter Sent | Consultation Expiry Date |
|---|---|---|
| Business Growth Team | 20/12/2023 | - |
| Cleveland Police ALO - Steve Cranston | 20/12/2023 | - |
| Councillor I Attwood (SOUTH BANK) | 20/12/2023 | - |
| Councillor N Bendelow (SOUTH BANK) | 20/12/2023 | - |
| Engineering Team (Highways) | 20/12/2023 | - |
| Engineers (Local Lead Flood Authority) | 20/12/2023 | - |
| Environment Agency | 12/02/2024 | - |
| Environment Agency | 20/12/2023 | - |
| Environmental Protection Team | 20/12/2023 | - |
| Greener Future - Climate Change | 20/12/2023 | - |
| Health & Safety-Food (Food Team) | 20/12/2023 | - |
| Health and Safety Executive | 20/12/2023 | - |
| Income and Funding Officer | 20/12/2023 | - |
| Natural England | 20/12/2023 | - |
| Natural Heritage Manager | 20/12/2023 | - |
| Northumbrian Water Ltd | 20/12/2023 | - |
| Place Investment Team | 20/12/2023 | - |
| South Tees Development Company | 20/12/2023 | - |
| Strategic Planning Team (Policy) | 20/12/2023 | - |
| Site or Press | Description | Display Date | Expiry Date |
|---|---|---|---|
| P | ARTICLE 15 | 12/01/2024 | 02/02/2024 |
| S | ARTICLE 15 | 16/01/2024 | 06/02/2024 |