DEVELOPMENT CONTROL AND REGULATION COMMITTEE20 September 2017

A report by the Corporate Director Economy and Highways_____________________________________________________________________

Application No: 4/17/9011 District: Copeland

Parish: PonsonbyApplicant: Mr Paul Foster Sellafield LtdSeascaleCumbriaCA20 1PG Seascale

Received: 10 July 2017

PROPOSAL: Construction of temporary access road, siting of temporary contractors welfare/office building, reprofiling of landscape mound and reinstatement works for a temporary period of 8 years in connection with the construction of new steam generation plant.

LOCATION: Sellafield Works, Seascale, Cumbria, CA20 1DW_____________________________________________________________________

1.0 RECOMMENDATION

1.1 That planning permission be Granted subject to the conditions set out in Appendix 1 to this report.

2.0 THE PROPOSAL

2.1 Planning permission is sought to construct a temporary access road and footway; siting of temporary contractors welfare/office building; reprofiling of landscape mound and reinstatement works for a temporary period of 8 years in connection with the construction of new steam generation plant replacing the existing combined heat and power plant (CHP) which currently serves Sellafield. The new steam generation plant is being considered by Copeland Borough Council under planning application 4/17/2256/F10. The proposed road is required to allow construction traffic access for delivery and removal of the Fellside Plant.

2.2 The temporary access road would be 5.5m width x 230m length. The road would be a tarmaced surface. There would be a footway along the length of the road.

2.3 The temporary construction compound is proposed to the north east of the Fellside site this would be 32m x 15 m. This area would consist of site cabins, 3 disabled parking bays and sheet piled boundary wall. There would also be lighting columns along the length of the road.

2.4 The reprofiling of the landscaping mound involves cut and fill and increasing the height of the landscape mound by 2.5m. The landscaping mound currently stands at 40m AOD.

2.5 A construction fence is also proposed around the works area.

3.0 SITE DESCRIPTION

3.1 Sellafield Works is located on the west coast of Cumbria which is predominately a rural/coastal location. The overall Sellafield Works site covers approximately 276ha. Fellside site is a defined area located to the south east of the site and occupies 10.5ha. Fellside site is located outside the nuclear site boundary of Sellafield, but within the boundary of the overall Sellafield site.

3.2 Fellside site is accessed from Seascale road (B5344) which connects onto the A595 at Gosforth.

4.0 SITE PLANNING HISTORY

4.1 Sellafield Limited have benefited from a number of planning permission over the life of the site which are considered by Cumbria County Council waste related developments and Copeland Borough Council all other developments.

4.2 The planning history for the Fellside landscaping mound was originally consented in 1997 to provide a landscape screen bund between local receptors and works on the Sellafield Sites the site history consists of: Landscape mounding was granted on 25 July, 1997 (ref: 4/97/9015); subsequent planning application 4/07/9012 amendment of Condition 1 of planning permission 4/97/9015 to allow for further time, until 31 December 2008, for the replacement of the topsoil on the CHP landscape mound site and seeding with grass seed mix was granted on 24 October 2007 (ref: 4/07/9012) and planning application Section 73 application to

4/97/9015 to amend condition no. 19 to allow reprofilling of approved landscape mound, approved 15 December 2014 (Ref: 4/14/9011).

5.0 PLANNING POLICY

5.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.

5.2 The Cumbria Minerals and Waste Local Plan 2015-2030 was examined by an independent Inspector and her final Report to the County Council was received on 29 June 2017; this report set out those changes necessary to ensure that the Local Plan is sound and legally compliant. The County Council formally adopted the Local Plan on 6 September 2017 and this replaces the Cumbria Minerals & Waste Development Framework, which was adopted in 2009.

Policy DC1 - Traffic and Transport Policy DC2 - General Criteria Policy DC3 - Noise Policy DC5 - Dust Policy DC16 - Biodiversity and Geodiversity Policy DC18 - Landscape and Visual Impact Policy DC19 - Flood Risk

5.4 Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) - adopted 5 December 2013.

ER1 Planning for the Nuclear Sector

5.5 The National Planning Policy Framework [NPPF], which was published on 27 March 2012, and the national online Planning Practice Guidance (PPG) suite, which was launched in March 2014, are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF and/or PPG are considered to be relevant to the determination of this application:

Paragraphs 6-10 - Achieving sustainable development Paragraphs 11-14 - The presumption in favour of sustainable development Paragraphs 186-187 - Decision Taking

5.3 The National Planning Policy for Waste (NPPW) was published on 16 October 2014. This sets out the government’s current waste policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK. This has also been taken into account.

6.0 CONSULTATIONS AND REPRESENTATIONS

6.1 Copeland Borough Council Planning Department: No response received.

6.2 The Highway Authority: To be reported on the update sheet.

6.3 The Lead Local Flood Authority: To be reported on the update sheet.

6.4 CCC Resilience Unit: No objection.

6.5 CCC Ecology: The main issue of the site is the loss of the woodland at the site as the other habitats have only been presence for a short period and there are no protected species issues except for breeding birds and site restoration and reinstatement.

6.6 Copeland Borough Council Environmental Health Department: No response received.

6.7 Environment Agency: To be reported on the update sheet.

6.8 Natural England: No objection as the development will not have significant adverse impacts on any designated sites.

6.9 Crime Prevention Officer: The development should be considered against Copeland Local Plan Policy DM10 Achieving Quality of Place.

6.10 Ponsonby Parish Council: We are in support of the development but have raised generic comments with regards to the overall development of the Fellside scheme. The concerns relate to detailed design of the plant; delivery of the new plant, transport routes and times; unknowns to the drainage reports; discrepancies in the overall licenced site boundary; noise assessment of the new plant; supportive of the decision to re-use spoil from the construction of the road on the landscaping mound and local community benefits.

6.11 The application has been advertised in the local press and by site notice on the site. Neighbouring properties and the local county councillor were also notified.

6.12 One letter of representation has been received after having lived next to the CHP for all of its working life, I have to raise my concerns about the noise levels of the work when the building goes on. The projected noise levels I would say should be taken with a very large pinch of salt. I have made countless complaints to the Environment Agency over the years. Also removing the banking will make more noise.

7.0 POLICY CONTEXT

7.1 Cumbria Minerals and Waste Local Plan 2015-2030 (adopted 6 September 2017) (CMWLP). Policy DC1 – Traffic and transport. Requires development to minimise mineral and waste road miles. The retention of material on the landscaping mound reduces minerals and waste road miles; Policy DC3 – Noise. Requires developments not to exceed background noise levels, LAeq 1 hour. The proposed construction activities would generate some noise but these would be for a short timescale and controlled by condition; Policy DC5 – Dust. Requires developments to demonstrate they would not impact on amenity, human health, air quality and the natural and historic environment, with regards to dust. Dust from the construction activities would be controlled by condition reducing dust during construction activities; Policy DC16 – Biodiversity and Geodiversity. Requires development to identify where appropriate impacts on biodiversity. There would be a minor impact on a recently developed landscaping mound which would be further enhanced by this development; Policy DC18 – Landscape and visual impact. Requires development should be compatible with the distinctive characteristics and features of Cumbria’s landscape. The increase in height of the landscape mound would have a temporary short scale impact on

visual amenities on local receptors; Policy DC19 – Flood risk. Requires development to be located where possible in Flood Zone 1. In this instance the landscape mound would be located within Flood Zone 1 and would not increase flooding in the area. A Flood Risk Assessment has been undertaken.

7.2 Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) - adopted 5 December 2013. Policy ER1 – Planning for the Nuclear Sector. Will support where necessary to the nuclear industry contribution to low carbon energy production. The replacement plant on Fellside site would contribute to reducing carbon emissions.

8.0 PLANNING ASSESSMENT

8.1 The key planning issues relevant to the proposed schemes are considered to be: policy context, impact on the highway; biodiversity; flood risk; re-profiling of landscaping mound and other issues.

Background Information

8.2 Fellside site currently supply the Combined Heat and Power Plant (CHP) which supplies directly to Sellafield site. Fellside site is to be reconfigured to cease power generation by 2020 and provide a new primary steam generation facility. The scheme would involve the demolition of the existing fuel tanks and replaced with smaller tanks.

8.3 Planning application for the redevelopment of the Fellside site do not involve waste management activities and has therefore been submitted to Copeland Borough Council for determination (4/17/2256/F10). However, the proposal involves a temporary access road and re-profiling of the landscaping mound which involve waste management activities and thereby the responsibility of Cumbria County Council.

8.4 Fellside site CHP is located outside the nuclear site licence area of Sellafield but located within the overall site boundary for Sellafield.

Highway Impacts

8.5 The access road would be used in relation to construction activities within the Fellside site and once works are complete the road would be removed and the site restored. Due to the tightness of the Fellside site the existing access road would be restricted/blocked during construction activities. The new road would allow delivery of construction plant and material to the site without having to access the nuclear licenced site boundary.

8.6 Construction material from the road would be undertaken and disposed of within the landscaping mound no material would leave site.

8.7 The only off site material which would be required would to be delivered to the site would be tarmac for the surfacing of the road. This would generate minimal vehicular traffic on the highway network.

8.8 Access to the road would be solely for vehicles accessing/egressing Fellside site there would be no public access on the road. The existing access from the Fellside site onto the County Highway would not be affected by the access road as the new road adjoins the private access road of Fellside site. The private

access road for Fellside site then goes on to adjoin the public highway 88m south of the application site.

8.9 The impacts of the delivery of construction plant and material would be assessed under the planning application submitted to Copeland Borough Council (4/17/2256/F10). The proposal is considered to comply with CMWLDF Policy DC1 and CMWLP 2015-2030 Policy DC1.

Biodiversity

8.10 The planning application has been accompanied by Preliminary Ecological Appraisal. The appraisal covers fauna and flora aspects of the whole of the Fellside Combined Heat and Power Plant and landscaping mound. The main concerns are the impacts on the alterations to the landscaping mound.

8.11 European/National Designation: The nearest designated sites are Low Church Moss SSSI and Drigg Coast SSSI. The development would not have any impacts of sediment run off ensuring there would be no impact off site, these sites are located a significant distance in excess of 2km from the application site.

8.12 Habitat: There would be a loss of small woodland, which is not subjected to any Tree Preservation Orders and are in the early stages of growth and was recently created on the landscaping mound. Tree loss would be replaced on 2:1 basis, increasing planting to the area and providing increased habitat to the site.

8.13 Bats: The landscaping mound does have the potential for bats foraging and commuting. The loss of tree habitat has the potential to impact on foraging and commuting. Whilst there would be an initial loss there would be enhancements in the overall scheme with the replacement trees replaced on a 2:1 ratio and the inclusion of bat boxes.

8.14 Badger: Badger latrine was identified within the woodland area. It is proposed that a badger survey is carried out prior to works commencing on site.

8.15 Breeding Birds: Work on the construction of the road would be carried out outside the bird nesting season (March-August). An appropriately worded condition would be included preventing any working with the bird nesting season.

8.16 Reptiles: No reptiles were recorded on the site. However this isn’t to say there isn’t any on site. Care will be taken when construction activities are undertaken.

8.17 Invertebrates: There is the potential for butterflies and moths to occur of site. The removal of semi-improved grassland and woodland should be kept to a minimum.

8.18 Consultations have been undertaken with the CCC Ecologist who has identified the main issue being the loss of the woodland however they have considered that due to the woodland being a recent addition and being replaced on 2:1 ratio there would be little biodiversity impacts. However conditions to protect development during the bird breeding season and restoration should be considered. Natural England have raised no objection to the proposed development as the development would not have a significant impact on designated sites.

8.19 The proposed development would not have a significant impact on biodiversity

impacts on the site and subject to appropriately worded conditions being put in place the development is acceptable. In light of the comments from CCC Ecologist and Natural England the proposal is considered to comply with, CMWLP 2015-2030 Policy DC16 and Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) Policy ENV3.

Flood Risk

8.20 The application has been accompanied with a Flood Risk Assessment. The landscaping mound is located within Flood Zone 1, thereby minimal potential of flooding. The main impacts of the development relate to the redevelopment of the Fellside site considered under planning application submitted to Copeland Borough Council (4/17/2256/F10).

8.21 The proposal is considered to comply with CMWLP 2015-2013 Policy DC19.

Re-Profiling of Landscaping Mound

8.22 The landscaping mound was constructed under planning permission 4/97/9015, with an extension of time under planning application 4/07/9012 and Section 73 application to amend condition no. 19 to allow re-profiling of approved landscape mound, approved 15 December 2014 (Ref: 4/14/9011). Thereby works to the mound have been undertaken recently.

8.23 The works seek to increase the height of the landscaping mound by 2.5m (at the highest point). The material would be excavated material from the creation of the road and the construction compound and parking area.

8.24 The landscaping mounds provide a visual screen from the village of Seascale. The mound currently stands at 40m AOD it is proposed to increase this to 42.5m AOD an overall increase of 2.5m. In the scale of the existing mounds this is a marginal increase in height and would not have any impact on the amenities of local residents or landowners as the nearest residential receptor is 200m south of the application site.

8.25 The creation of the temporary access road and office accommodation would not have any landscape and visual impact outside of the Sellafield site as these are on the northern side of the landscaping mound facing into the Sellafield Site, which has no public access. There would be a minor temporary impact during operations when viewed from the nearest receptors of the increase in height of the mound. Due to the existing mound being of such a scale these impacts would be minor when viewed in the wider landscape impact and scale.

8.26 The proposal is considered to comply with CMWLP Policy DC18 and Copeland Local Plan 2013-2029 - Core Strategy and Development Management Policies DPD (CLP-CS&DMP) Policy DM26.

Other Issues

8.27 Noise: Noise from the construction of the road would come during the construction phase of the development. The construction works of the temporary access road, porta cabins and reprofiling of the landscape mound would be minor in scale of other activities which are being undertaken on the Sellafield Site.

8.28 Dust: Dust may be an issue during construction operations and periods of dry and windy weather. A condition would be required to ensure that dust suppression facilities are available at all times.

8.29 Fencing: A fence is proposed on the landscaping mound which would be inside the Sellafield site boundary. There is an existing security fence around the boundary of the Selllafield site.

Concerns of Parish Council

8.30 Ponsonby Parish Council whilst in support of the redevelopment of the Fellside site they have raised generic comments with regards to the overall development of the whole Fellside site. The concerns relate to detailed design of the plant; delivery of the new plant, transport routes and delivery times; unknowns to the drainage reports; discrepancies in the overall licenced site boundary; noise assessment of the new plant; supportive of the decision to re-use spoil from the construction of the road on the landscaping mound and local community benefits.

8.31 The Parish Council have raised concerns with regards to design of the new plant; unkowns of the drainage reports and noise from the new plantThese impacts would be considered by Copeland Borough Council under planning application 4/17/2256/F10 and therefore they do not form part of this planning application.

8.32 Transport routes and delivery times: The impacts would be during the construction of the main plant which would be considered by Copeland Borough Council. The only highway impacts of this planning application would be the delivery of the portacabins and asphalt for the temporary road construction which would be undertaken over a short period of time and would not generate any significant highway impacts.

8.33 Discrepancies in the overall licenced site boundary: Sellafield has two boundary fences the nuclear site licenced boundary which is delineated as the inner boundary fence and the new outer site boundary fence which has recently been erected.

8.34 Re-use of spoil on site: The spoil taken from the construction of the temporary road and siting of the portacabin would be retained on site to profile the landscaping mound. This is supported by the Parish Council

8.35 Community benefits: The alterations to the landscape mound, temporary access road and siting of the portable buildings are not of a specific size, scale and nature which would warrant any community benefits.

Concerns of Local Residents

8.36 Concerns has been raised from a local residents with regards to noise from the existing Fellside CHP plant. The proposed replacement of plant is required due to the changes in regulations to be compliant with Industrial Emission Directive. The new plant would reduce environmental impacts regarding noise, dust, plume dispersal. The issue raised have been directed to Copeland Borough Council for consideration of planning permission 4/17/2256/F10 as the impacts of noise from the operation of plant is not considered under this planning application. Concern was also raised with regards to the removal of the landscape mound; this is to be increased in height rather than removed thereby increase the noise barrier the application site and receptors.

Human Rights

8.37 The Human Rights Act 1998 requires the County Council to take into consideration the rights of the public under the European Convention on Human Rights. Article 8 of the Convention provides that everyone has the right to respect for his private life and home save for interference which is in accordance with the law and necessary in a democratic society in the interests of, amongst other things, public safety, the economic wellbeing of the country or the protection of the rights and freedoms of others. Article 1 of Protocol 1 provides that an individual’s peaceful enjoyment of his property shall not be interfered with save as necessary in the public interest and subject to conditions provided for by law. For any interference with these rights to be justified the interference needs to be proportionate to the aims that are sought to be realised. The County Council has a duty to consider the policies of the development plan and to protect the amenities of residents as set out in those policies.

8.38 The proposal would have a limited impact on the visual, residential and environmental amenity of the area but it is considered that those impacts would be insufficient to interfere with the rights of the applicant and satisfactory controls could be imposed on the proposed development to protect the amenities of the most affected residents. The impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) would be minimal and proportionate to the wider social and economic interests of the community and could be satisfactorily controlled by planning conditions.

9.0 CONCLUSION

9.1 The proposed creation of the temporary access road, porta cabins and alterations to the landscaping mound are essential to the delivery of the new Combined Heat and Power Plant on the Fellside site is due to cease operations in 2020 and the new Steam Generation Plant will come into operation. The impacts of the proposal of the temporary road, porta cabins and landscaping mound are considered to be minor and would not impact on the amenities of local residents. The proposed development complies with Cumbria Minerals and Waste Local Plan, Copeland Local Plan 2013-2029 and National Planning Policy Framework policies.

9.2 In summary, it is considered that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions proposed, any potential harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development. It is therefore recommended that this application be granted subject to conditions.

Dominic DonniniCorporate Director Economy and Highways

Contact: Mrs Jayne Petersen MA RTPI, Kendal, Tel: 01539 713549,; Email: jayne.petersen@cumbria.gov.uk

Background Papers: Planning Application File Reference No. 4/17/9011

Electoral Division Identification: Gosforth - Mr Christopher P Turner

Appendix 1Ref No. 4/17/9011

Development Control and Regulation Committee – 20 September 2017

PROPOSED PLANNING CONDITIONS

Time Limit for Implementation of Permission1. This permission shall be for a limited period only expiring on 31 December 2025,

by which date the operations hereby permitted shall have ceased, all buildings, plant and machinery including foundations and hardstanding shall have been removed from site and the site shall have been restored in accordance with the approved scheme.

Reason: To secure the proper restoration of the site following the approved period for this temporary development, in accordance with Policy DC16 of the Cumbria Minerals and Waste Development Framework (2009)

Approved Scheme

2. The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following:

a. The submitted Application Form – dated 5 July 2017b. Design and Access Statementc. Future Provision of Steam Generation : Preliminary Ecological Appraisald. Construction Statement, Transport and Waste Management Plane. Proposal to Address Recommendationsf. New Steam Generation Plant : Preliminary Geo-Environmental

Assessmentg. New Steam Generation Plant : Drainage Strategyh. Future Provision of Steam Generation : Noise Assessment Reporti. New Steam Generation Plant (NSGP) Project : Flood Risk Assessmentj. Arborticultural Impact Assessment to BS5837:2012k. Plans numbered and named:

i) 1BE 2951612 rev A – Location Planii) 248684-ARP-SWD-XX-GA-C-00-01002 – Existing site planiii) 248684-AEP-SWD-XX-GA-C-00-01003 – Proposed planning site planiv) 248684-AEP-SWD-XX-GA-C-00-01004 – Proposed access road plans and sectionsv) 248684-AEP-SWD-XX-GA-C-00-01006 – Phasing planvi) 248684-AEP-SWD-XX-GA-C-00-04001 – Proposed access road and temporary car park profiles – sheet 1vii) 248684-AEP-SWD-XX-GA-C-00-04002 - Proposed access road and temporary car park profiles – sheet 2viii) 248684-AEP-SWD-XX-GA-C-83-01001 – Proposed bulk earthworks planix) ARP-SWD-XX-GA-C-83-04001 – Proposed bulk earthworks profilesx) 248684-AEP-SWD-BG-DR-C-80-01009 – Demolition planxi) 248684-AEP-SWD-BG-DR-C-84-01007 – Proposed drainage planxii) 258684-ARP-HRRCP-00-SI-E-63-22001 – Proposed lighting layoutxiii) S160388-301 rev A – Office Accommodate

l. The details or schemes approved in accordance with the conditions

attached to this permission.

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme.

Reason: To ensure that the site is worked and restored in accordance with the approved scheme.

4. Notification of the date of commencement of the development shall be made in writing to the Waste Planning Authority within 7 days of such commencement.

Reason: To enable the Waste Planning Authority to monitor the development to ensure compliance with this permission.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re-enacting that Order), planning permission shall be sought and obtained from the Mineral Planning Authority, before any buildings, structures or erections, plant or machinery (other than those permitted by this permission) are erected on the site or on any ancillary mining land.

Reason: To maintain control over additional built development upon the site in theinterests of amenity.

HOURS OF WORKING

6. No deposit of materials or engineering works to the site shall take place outside the hours of 07.00 to 19.00 hours Mondays to Fridays and 07.00 to 13.00 hours Saturdays. No deposit of materials or engineering works shall take place on Sundays or Public Holidays.

This condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery.

Reason: To ensure that no operations hereby permitted which would lead to an unacceptable impact upon the amenity of users of land outside the site take place outside normal working hours in accordance with Policy DC1 of the Cumbria Minerals and Waste Local Plan 2015-2030.

CONTROL OF DUST

7. Measures shall be employed to provide for the cleaning of all vehicles leaving the site (with the exception of cars), and which shall be maintained for the life of operations and used to ensure that no mud or other material from the site is deposited upon road outside the site boundary.

Reason: To prevent material tracked onto roads outside the site giving rise to mud, in accordance with Policy DC5 of the Cumbria Minerals and Waste Local Plan

2015-2030.

8. The operator shall maintain on site at all times a water bowser or other dust suppression system, together with an adequate supply of water and during periods of dry weather shall spray the access road, haul roads and working areas and waste with water to suppress dust to prevent its migration off site.

Reason: To safeguard the amenity of local residents by ensuring that dust does not constitute a nuisance outside the boundaries of the site, in accordance with Policy DC5 of the Cumbria Minerals and Waste Local Plan 2015-2030.

CONTROL OF NOISE

9. All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with the manufacturers’ recommendations.

Reason: To safeguard the amenity of adjoining land users by ensuring that the noise generated in their operation is minimised and so does not constitute a nuisance outside the boundaries of the site, in accordance with Policy DC3 of the Cumbria Minerals and Waste Local Plan 2015-2030.

10. The equivalent continuous noise level (LAeq) attributable to the approved operations shall not exceed 55 dB(A) as measured at Calder Farm. The noise levels are expressed as one hour free field LAeq's.

Reason To safeguard the amenity of local residents by ensuring that noise generated by the operations hereby permitted does not cause a nuisance outside the boundaries of the site, in accordance with Policy DC3 of the Cumbria Minerals and Waste Local Plan 2015-2030.

SAFEGUARDING OF WATERCOURSES AND DRAINAGE

11. Throughout the period of working, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including any increased flow from the land, to ensure that there shall be no pollution of watercourses by the approved use.

Reason: To avoid the pollution of any watercourse or groundwater resource.

12. Any chemical, oil or diesel storage tanks on the site shall be sited on impervious bases and surrounded by impervious bund walls; the bunded areas shall be capable of containing 110% of the largest tank's volume and shall enclose all fill and drawpipes.

Reason: To avoid the pollution of any watercourse or groundwater resource.

ECOLOGY

13. All vegetation clearance and construction works must take into account habitat and species such as breeding birds, reptiles and badgers, and all works must take place in accordance with 'Section 5: Evaluation and Recommendations' of Ove Arup and Partners Limited report 'SELLAFIELD LTD, Future Provision of

Steam Generation Preliminary Ecological Appraisal P07 (26 June 2017)'

Reason: To ensure that species of reptile which may be present on the site are protected, in accordance with Policy DC16 of the Cumbria Minerals and Waste Local Plan 2015-2030.

14. Prior to commencement of final site restoration and reinstatement, a plan detailing the soft landscaping at the site, which incorporates locally native species, should be agreed in writing with the Waste Planning Authority in order to adequately address the habitat losses incurred at the site.

Reason: To ensure no net loss of biodiversity, in accordance with Policy DC16 of the Cumbria Minerals and Waste Local Plan 2015-2030.

15. No trees, bushes or hedges within the development site shall be removed, lowered or pruned during the bird nesting season between 1 March and 31 July inclusive. If areas cannot be cleared outside this time, they should be checked for breeding birds in accordance with Natural England’s Guidance and, if appropriate, an exclusion zone set up around any vegetation to be protected. No work shall be undertaken within the exclusion zone until birds and any dependant young have vacated the area.

Reason: To protect nesting birds, in accordance with Policy DC16 of the Cumbria Minerals and Waste Local Plan 2015-2030.