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Full Planning


Rixton and Woolston. DO NOT USE

Land south east of junction 21 on the M6 adjacent to Thelwall Viaduct

Proposed two exploratory boreholes, installation of wells, restoration of site a

<b>Decision made</b>

The application has been decided

Decision: Approved with Conditions

Decision Date: 25-Mar-2010

Conditions/Reasons For Refusal:

Type Description
Condition The development hereby approved must be begun not later than the expiration of five years beginning with the date of this permission.
Condition The development hereby approved shall be carried out in accordance with the following submitted documents unless modified by the following conditions or otherwise amended in writing by the local planning authority. i) The planning application forms and certificates dated 23 December 2009; ii)The Planning Application Supporting Statement dated 22 December 2009; iii) The Extended Phase 1 Habitat Survey dated December 2009; iv) The Assessment of Environmental Noise Emissions dated 27 July 2009; v) The Contaminated Land Risk Assessment dated 1 December 2009; vi) Flood Risk Assessment dated 24 December 2009; vii) Drawings L(02)200B, 201D, 202A, 203A, 204A, 205A, 206B, 207A, 208A, 209A and 210A.
Condition Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
Condition The above scheme shall be supported by detailed calculations to demonstrate how the proposed surface water drainage scheme will respond to a range of events with return periods of up to and including the 1 in 100 year event (including an appropriate allowance for climate change). Details of how the scheme shall be maintained and managed after completion should also be submitted
Condition No development approved by this permission shall be commenced until details of the existing and proposed ground levels have been submitted to and approved by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved details.
Condition If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.
Condition The borehole must be drilled, operated and decommissioned in such a way as to prevent the transfer of fluids between different geological formations, and to prevent uncontrolled discharge of groundwater to surface.
Condition Prior to any commencement of works between 1st March and 31st August in any year, a detailed survey is required to check for nesting birds. Where nests are found in any, hedgerow, tree or scrub to be removed, a 10m exclusion zone to be left around the nest until breeding is complete. Completion of nesting should be confirmed by a suitably qualified person and a report submitted to Warrington Borough council.
Condition No development shall be commenced until a scheme providing full details of site landscaping works has been submitted to, and approved in writing, by the Minerals Planning Authority. The scheme should provide for a 5 metre wide 'scrubby buffer' around the site consisting of native mix species to be maintained for the benefit of birds along with a landscape maintenance plan. The development shall be carried out in full accordance with the details of the scheme and the landscaping shall be implemented during the first available planting season.
Condition Prior to the commencement of development details of the proposed surfacing of the site shall be submitted to the LPA and approved in writing. No topsoil shall be removed from site.
Condition There shall be no development on or adjacent to any motorway embankment that shall put any such embankment or earthworks at risk.
Condition No drainage from the proposed development shall run-off into the motorway drainage system nor shall any such new development adversely affect any motorway drainage.
Condition Within three months from the date of the commencement of the development full details of a scheme for the restoration of the site shall be submitted to LPA and the scheme shall be approved in writing. The scheme shall outline all steps to be taken including the removal of all buildings and structures and the replacement of all stripped soils. The scheme shall detail the timescales for implementing and completing restoration works. These shall provide for the complete restoration of the site no longer than 25 years from the date of the commencement of the development or within 18 months of the cessation of the production test phase (when a decision has been taken to abandon the wells) whichever is the sooner. Where site activity ceases the developer shall provide written confirmation of the sites' status to the MPA on request and where that status is that the production test phase has ceased and the wells are being abandoned then the requirement to restore the site shall be triggered.
Condition Prior to the erection of any floodlights hereby approved details of the level of illumination, angling and cowling of the light sources shall be agreed in writing with the Local Planning Authority and the agreed scheme shall be implemented in full prior to the use of the lighting commencing and retained during the life of the development.
Condition The proposed initial appraisal and extraction drilling phases of each borehole shall cease after a period of 60 days. Drilling operations may operate for 24 hours per day during this period subject to the provisions of the approved documents. In the event that subsequent drilling operations become necessary prior notification shall be given to the LPA setting out the scope and duration of the subsequent drilling operations.
Condition Wheel cleaning facilities and road cleaning facilities shall be employed to ensure that mud and debris is not carried out of the site on to the highway at all times during site preparation and activities associated with the operations hereby approved.
Condition A. The applicant shall carry out a further investigation and risk assessment specifically to assess and characterise the nature of the site for ground & gas contamination including arisings from the drilling operations. The assessment shall specifically report on the assessment of potential risks from contamination to Human Health, Livestock, Crops, Pets, Surrounding Land and Adjoining Land. B. The assessment shall include method statements detailing the handling of materials excavated on site, how the material will be stored on site including measures detailing storage and segregation of contaminated material, details on Health & Safety Risk Assessments for Site Operatives, details on any fill materials imported onto site and/or waste materials exported off site, details on site security to exclude unauthorised access to the site, and identify an appraisal of any necessary remedial options and the proposal of the preferred remedial options. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. C. A remediation scheme shall be submitted to the Local Planning Authority in writing, identifying if any necessary measures are required to bring the site into to a condition suitable for the intended use by removing unacceptable risks to human health and the natural environment. Once the approved remedial scheme is accepted in writing by the Local Planning Authority, all approved mitigation measures shall be carried out in accordance with the remediation scheme unless otherwise agreed in writing by the Local Planning Authority. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. D. 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. A full investigation and risk assessment must be undertaken to determine any potential risks to property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, groundwaters and surface waters, ecological systems, archeological sites and ancient monuments. Where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared (including waste transfer documentation – where appropriate), which is subject to the approval in writing of the Local Planning Authority. E. A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period to be agreed in advance, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.
Condition The applicant shall undertake further noise monitoring assessments to verify the impact of the coal bed extraction process within one month of the commencement of drilling on site. The assessments shall identify noise levels at the monitored positions identified in the noise assessment submitted with the application - ACIA Report Reference 2355.01/ifb dated 27 July 2009. The monitored actual noise levels (LAeq,t) shall be compared with the background noise levels (LA90,t) identified in the earlier report and at the same locations. Appropriate mitigation measures shall be identified, submitted to the LPA for written approval and implemented in any case where the site specific noise levels exceed the existing background noise levels by more than -10dB – or otherwise as agreed in writing by the LPA.
Condition Prior to the installation of any electricity generating equipment or combined heat and power plant a detailed scheme shall be submitted and approved in writing by the local planning authority showing the detailed design and operational aspects of the equipment including a noise assessment.
Informative Under the terms of the Water Resources Act 1991, and the Land Drainage Byelaws (North West Region), the prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of Fishington Brook, designated a 'main river'. The River Mersey in this locality has not been designated a 'main river' watercourse, and as a result the Environment Agency's Land Drainage Consent is not required for works within 8 metres of the bank top of this watercourse. Sustainable waste management should be embedded though out the development. The management of waste in the drilling should be carried out with reference to the waste management hierarchy. Waste minimisation should be the priority with waste 'designed out' before operations begin and where waste is unavoidably generated consideration should be given to the potential for recover/re-use or recycling of the waste before opting for disposal. Paragraph 9.3.10 of the planning statement indicates that 3 types of waste will be generated during the drilling operation and that two of the waste type; the formation cuttings and general waste are both described as being 'disposed' of off site. Policy EM11 of the North West Regional Spatial Strategy indicates that "every effort should be made to minimise waste, maximise re-use, and maximise opportunities for the use of recycled material. Such residual waste as does arise should be managed at the highest practicable level in the Government’s waste hierarchy". The approach to waste management in paragraph 9.3.10 should reflect this policy. The Water Resources Act 1991 Section 199 requires that the developer gives the Environment Agency advance notice of intent to drill a mineral investigation borehole. It is an offence under the Water Industries Act 1991 to allow an artesian borehole to run to waste, and it is an offence under section 85 of the Water Resources Act 1991 if a developer causes or knowingly permits the pollution of a Controlled Water. Abstraction of up to 20 cubic metres of water from the ground in any day does not require any formal abstraction permit from the Environment Agency. Any abstraction of groundwater that exceeds 20 cubic metres in any day will attract the requirement of one or a combination of the following formal abstraction permits to be obtained from the Environment Agency: If the water is to be used for some purpose (eg transportation or processing of mineral etc) then the appropriate permit would be a Water Abstraction Licence under the 1991 Water Resources Act and this may take four months from application to determination. In the case of groundwater abstraction, testing of the abstraction in advance of obtaining a full water abstraction licence can be carried out under a formal Groundwater Investigation Consent, which has to be applied for in advance of the abstraction taking place. If the water is not being used, but is merely being removed to enable below ground engineering works, or the release of gas etc, the activity does not require a water abstraction permit at present, but the activity may soon require either a Temporary Licence (If abstraction is to be for up to a total of 28 days) or a full Transfer Licence if the aggregate number of abstracting days is likely to be more than 28. These two permits are being introduced under the provisions of the 2003 Water Act. The Temporary licence may be obtained on a very short timescale but cannot be extended, whereas the determination period for a Transfer Licence is akin to that of an abstraction licence above. If water abstraction is likely to exceed 20 cubic metres in any day, the applicant is therefore advised to contact the local Environment Agency Abstraction Licensing Officer for advice as to which permits will have to be applied for and when. The discharge of anything other than clean, uncontaminated surface water drainage into watercourses or soakaways (to groundwater) is likely to attract the requirement of a formal Consent To Discharge issued by the Environment Agency. Such a Consent to Discharge takes a determination period of four months from application to issue, and will need to take into account the contaminants likely to be present in the discharge and will set limits for the concentrations at which these may be released to the receiving surface watercourse or groundwater. Where effluent or dewatering discharges are to be taken from site and discharged into drains, sewers or treatment systems rather than into environmental ‘Controlled Waters’, the discharge must be made with the agreement or consent of the owner of that facility. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from us. We are unable to specify what exactly would be required if anything, due to the limited amount of information provided. For more specific advice please see available guidance on our website
Informative The external lighting should be designed and installed by competent persons. The system should be designed according to best practice in respect of glare, light spill and efficiency. Advice can be obtained from: The Institution of Lighting Engineers Lennox House 9 Lawford Road Rugby Warwickshire CV21 2DZ
Reason To ensure that topsoil is retained on site and that the development shall not be detrimental to soil quality.
Reason The applicant, by email dated 19 February 2010, requested that a commencement date of five years from the date of the permission be granted to allow for flexibility in the programme for site development works particularly with regard to the availability of drilling rigs.
Reason To ensure the structural stabillity of the motoway embankment.
Reason To ensure and maintain the integrity of the motorway drainage system.
Reason To ensure the site is restored when the development has ceased and to comply with policy MWA5(5) of the WBC UDP.
Reason In the interests of residential and visual amenity and to avoid disturbance to sensitive receptors from lighting escaping beyond the site boundary.
Reason To ensure that the major operations involved in the drilling of the wells are completed within the shortest time possible to minimise the potential for both visual and noise nuisance.
Reason In the interests of highway safety particularly in the vicinity of the M6/A57 roundabout.
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 [in accordance with policy REP 8 of the adopted Local Plan 23 January 2006].
Reason To protect the amenity of nearby noise sensitive properties from the effects of a new noise source.
Reason To allow the LPA the opportunity to assess the potential environmental impacts arising from the proposed plant and equipment.
Reason To define the permission hereby granted and for the avoidance of doubt.
Reason To prevent the increased risk of flooding and to ensure future maintenance of the scheme
Reason To ensure that the development is subject to minimum risk of flooding, whilst not increasing flood risk to others.
Reason To ensure that the development is subject to minimum risk of flooding, whilst not increasing flood risk to others
Reason To ensure a safe form of development which poses no unacceptable risk of pollution
Reason To protect water resources from derogation or pollution
Reason To ensure that nesting birds are protected during the construction phase of the development.
Reason in the interests of visual amenity.