Bellozanne Sewage Treatment Works, Bellozanne Valley, St. Helier: Planning Application (P/2017/0309): Appeal Decision

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A decision made 19 February 2018:

Decision Reference: MD- PE- 2018 – 0008
Decision Summary Title:	Appeal Decision – Bellozanne Sewage Treatment Works, Bellozanne Valley, St Helier (P/2017/0309)		Date of Decision Summary:	29 January 2018
Decision Summary Author:	Principal Planner (Policy)		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Inspector’s Report – Bellozanne STW		Date of Written Report:	Undated
Written Report Author:	Roy Foster MA, MRTPI Planning Inspector		Written Report : Public or Exempt?	Public
Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a refusal to grant planning permission at Bellozanne Sewage Treatment Works, Bellozanne Valley, St Helier (P/2017/0309)
Decision: The Minister allowed the appeal and hereby grants permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development; “ demolish structures and construct 9 settlement tanks, a sludge plant, an administration building, 2 sludge storage tanks, UV plant and other associated waste treatment facilities, and to alter a vehicular access onto Bellozanne Valley Road.” This permission is granted subject to compliance with the following conditions: 1. No work shall be begun on the construction of the primary settlement tanks until full details of appropriate covers for each tank is submitted to and approved by the Department of the Environment. Such details shall include technical specifications and evidence to support their odour reduction properties in respect of impact on the amenities of nearby residents, schools, hotel and other businesses. The covers shall be fully installed in accordance with the manufacturer’s instructions before the tanks are first used and, thereafter, retained covering the tanks and maintained in a sound condition. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014). 2. Waste management shall be implemented in full accordance with the approved Waste Management Strategy. Any variations shall be agreed to in writing by the Department of the Environment prior to the commencement of such work. Reason: To protect the amenities of the occupiers of neighbouring properties and the visual amenities of the surrounding area, in accordance with Policies GD1 and WM1 of the Adopted Island Plan 2011 (Revised 2014). 3. No part of the development hereby approved shall be occupied until the levels of potential contaminants in the ground have been investigated, any risks to human health or the wider environment assessed and mitigation measures proposed in a remediation strategy to be submitted to and approved in writing by the Department of the Environment. The approved remediation strategy shall be implemented in full, in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - Development of Potentially Contaminated Land, as amended. Any changes to the strategy require the express written consent of the Department of the Environment prior to the work being carried out. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1 and GD6 of the Adopted Island Plan 2011 (Revised 2014). 4. No part of the development hereby approved shall be occupied until a completion report and contaminated land completion certificate demonstrating completion of the works and the effectiveness of any remediation set out in the approved scheme, is submitted to and approved in writing by the Department of the Environment. Where required by the Department the completion report shall also include a plan for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Department. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1 and GD6 of the Adopted Island Plan 2011 (Revised 2014). 5. No part of the development hereby permitted shall be begun until a Demolition/Construction Environmental Management Plan has been submitted to and approved by the Department of the Environment. The Demolition/Construction Environmental Management Plan shall be thereafter implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall secure an implementation programme of mitigation measures to minimise the adverse effects of the proposal on the environment, and shall include: A. A demonstration of compliance with best practice in controlling, monitoring, recording and reporting on any emissions to the environment (such as noise and vibration, air, land and water pollution); B. Details of a publicised complaints procedure, including office hours and out‑of‑hours contact numbers; C. Details of any proposed crushing/ sorting of waste material on site; D. Specified hours of working, and E. The production of a method statement to ensure any impact on the stream and quality of discharge are minimised during the course of the work. Reason: To ensure the development does not have an adverse impact on public health or the wider environment, in accordance with Policies GD1, GD6 and WM1 of the Adopted Island Plan 2011 (Revised 2014). 6. No part of the development hereby permitted shall be begun until a scheme of landscaping for the land running north to south along Bellozanne Road has been submitted to and approved in writing by the Department of the Environment. The scheme of landscaping shall provide details of the following; i) all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site; ii) the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them; iii) other landscape treatments to be carried out including any excavation works, surfacing treatments, or means of enclosure; iv) the measures to be taken to protect existing trees and shrubs; v) the presence of any invasive plant species on site, and if present, a detailed method statement for the removal and long-term management/ eradication of the species; and, vi) A landscape management plan for the maintenance of the landscaped areas. Once agreed, the approved scheme shall be implemented in full and thereafter retained as such. Reason: To safeguard the character and appearance of the area in accordance with Policies GD1, NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014). 7. Prior to their first use on site, samples of all external materials to be used (including any hard landscaping materials) shall be submitted to and approved in writing by the Department of the Environment. The approved materials shall be implemented in full and thereafter retained as such. Reason: To promote good design and to safeguard the character and appearance of the surrounding area, in accordance with Policies GD1 and GD7 of the Adopted Island Plan 2011 (Revised 2014).
Reason for Decision: The Minister agreed with the findings of the Inspector in that the proposed works, in the absence of covered primary settlement tanks, would be likely to result in an unreasonable impact on the amenities of local residents and other users of the area by virtue of odour. The Minister also gave consideration to the Inspector’s comments in respect of whether it would be appropriate to allow the appeal and to grant planning permission subject to a condition requiring the installation of covers to the primary settlement tanks. In reaching his decision, the Minister was mindful of the States Assembly having adopted a Proposition on 18 January 2018 (Proposition P.115/2017) which, in effect, authorised additional funding to the Department for Infrastructure for the purposes of odour mitigation at the Bellozanne STW including the covering of the settlement tanks. In light of that decision and the subsequent commitment to cover the tanks by the Minister for Infrastructure, the Minister for the Environment considered it to be in the strategic interest of the Island to grant planning permission subject to conditions, including a requirement to cover the tanks.
Resource Implications:- None
Action required: Request the Judicial Greffe to inform interested parties of the decision.
Signature: Deputy S Luce		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):