Eight planning breaches by Plymouth incinerator company
A WARNING shot has been fired across the bows of the company building Plymouth's incinerator after it breached planning conditions.
Local residents complained that contractors working on the energy-from-waste plant in Devonport Dockyard's North Yard had made too much noise and worked longer hours than permitted.
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Work on the incinerator goes on at Weston Mill Lake
After an investigation, Plymouth City Council found that MVV Environment Devonport Ltd had breached its conditions eight times.
On five of those occasions construction work went on between seven and 20 minutes past the official finishing time of 6pm.
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Three times it exceeded permitted noise levels, by between one and five decibels.
The council has now issued MVV with a Planning Contravention Notice.
The company has 21 days to comply and could be fined if found guilty of an offence.
The notice puts the developer on formal alert that the council is unhappy that the breaches are continuing.
Members of the council's planning committee were being told today: "Although the developer has put forward specific reasons explaining the breaches and arguing on each occasion that unexpected special circumstances have given rise to these incidents, the council cannot in any sense condone or accept that these problematic incidents should be occurring."
The council launched an investigation after people living in nearby flats claimed that their floors shake and walls vibrate when pile-drilling takes place at the site.
MVV publishes details of the excess noise on its website and has sent apologies to residents who may have been affected.
It sent 200 letters to properties in Talbot Gardens, Savage Road and Poole Park Road in November.
MVV said that louder than expected noise was a result of workmen striking concrete and other hard materials while drilling.
A pile drilling rig had hit an obstruction on November 28 – the company's noisiest breach yet – and workers had to place extra acoustic barriers around it.
MVV managing director Paul Carey said last night that pile drilling was due to resume on Monday and finish by the end of this month.
"We will continue to be extra vigilant in carrying out mitigation work and monitoring."
He said the company was offering to increase the frequency of monitoring.
"Once piling is over the nature of the noise will change and we hope it will be less problematic."
The Herald was unable to contact anti-incinerator campaigners Plymwin.
The council granted planning permission for the incinerator on February 3 last year after a controversial December 23, 2011 planning committee meeting.
The council laid down a maximum noise level and permitted working hours from 8am to 6pm.
THE BREACHES
September 20: Breach of working hours beyond 6pm by 20 minutes.
September 28: Permitted noise level exceeded by 3dBLA and 1dBLA.
October 2: Breach of working hours by 15 minutes.
October 10: Permitted noise level exceeded by 5dBLA and 4dBLA.
November 2: Breach of working hours by seven minutes.
November 16: Breach of working hours by seven minutes.
November 21: Breach of working hours by 25 minutes.
November 28: Permitted noise level exceeded by 5dBLA and 1dBLA.




Comments
by Winstonsmith0
Tuesday, February 05 2013, 7:39PM
“@applecromby and swshaun
The official monitoring of the site covers just 0.5% of the actual working week. Local residents must endure 6 days of constant noise and a breach of just 1dB actually means levels have reached in excess of 70dB - and that is about 5 times the normal noise level in this area so it is very noticeable and penetrates deep inot people's homes.
The air is full of diesel fumes, the sound of drills, concrete pumps, referee whistles, heavy motors and angle grinding is almost constant for each 10 hour day.
A breach is a breach, no matter how big or small. Someone here correctly says how one would not be allowed to breach the speed limit - to take this further; if I exceeded the speed limit the number of times MVV has breached the planning conditions then I would be banned from driving by now - SO WHY HAS PCC NOT ACTED SOONER?
It's not as if our hallowed council has gone out of its way to monitor the site for a considerably greater proportion of the working week on a regular basis - as would be common practice on large construction sites in, say, the capital.
less than 0.5% noise monitoring - someone struck a good deal for MVV there.
The residents also witness the other 99.5% though
Ah, the true face of business!”
by annawilde666
Tuesday, January 15 2013, 7:35PM
“appalling treatment of people”
by scannerman
Tuesday, January 08 2013, 12:46AM
“MVV Environment Devonport Ltd have been given strict guidelines for considering the people that actually live close to the site before this project started, as well as alot of other environmental guidelines etc, so why has the residents that surround this area have to make the fact clear that these breaches are happening.
All of these people (I expect most are against the build, which I must say I agree) are entitled to object if the work being carried out breaks those guidelines....it's not a fact that work has over-run the working time of 20 mins...you have to remember the people have put up with this all day, and they have to put up with this and the environmental impact for years to come...if this is how its going to be handled I feel sorry for the people who have to endure this building for those years ahead..Plenty of other hoarded land, away from the public, that this facility could have gone (not right next to a large housing estate). Alot of these residence have put up with a Dockyard next door, don't add to the problem.
I can see no end of trouble and resistance towards this build, and for those residence I totally have symathy for.
Sort it out P.C.C. Look at the bigger picture and the impact this project will have.
Dont be blamed for not doing the necessary field work before the site was approved and MVV were approved the work. It rests with you, like the companies who have to submit proposed environmental impact studies of like around the City.
You are quick to refuse planning when these companies dont do them, whether the ideas are good for Plymouth or utterly rediculous in planning. I think this project is of the latter. You have agreed that the company has done this...not so! If this was the case then most of the the complaints would not be there.
I think thats call what you call being a "Hypocrit" and totally a bad decision.”
by Rocky23
Monday, January 07 2013, 4:37PM
“Only in Plymouth can you be warned about working to hard, looking at the noise levels someone sneezing would cause more decibels.
Re the longer hours surely the local residents want the work completed ASAP?
What a waste of our council tax money, hopefully the Welshman will see this as it is, workers working hard trying to get the job done.
Only in Plymuff..........”
by jabbathebutt
Thursday, January 03 2013, 9:00PM
“"Local residents complained that contractors working on the energy-from-waste plant in Devonport Dockyard's North Yard had made too much noise and worked longer hours than permitted."
So its definatlely not Ameys lot doing it then ?”
by rubydogsouth
Thursday, January 03 2013, 8:03PM
“It will be very interesting if they (MVV) will be just as arrogant when it comes to complying with there emissions permit then it will not only be the residents near to the site who are affected but everyone 14k downwind of it.”
by Rick_OShay
Thursday, January 03 2013, 6:09PM
“The company are in breach of contract, how hard is that to understand? They agreed to the contract so they should be able to comply with it. The nature of the breaches is irrelevant.
If they are allowed to flout the contract at this stage then they are unlikely to abide by the operating conditions when the monstosity starts up.
S'funny how the 'erald is so reluctant to investigate the matter, isn't it.
Rick O'Shay
Zog”
by LHPlymouth
Thursday, January 03 2013, 1:02PM
“Well you two obviously don't live anywhere near the site and if you did, one second of extra noise and disruption is more than enough on top of what is already being experienced.
Planning Conditions are there to be adhered to and if you give them an inch they will take a yard..and this is happening already regarding the way the noise monitoring is carried out.
If you go over the speed limit will you expect to be let off as it was only a little bit over officer?
What you have read in this report are the breaches that they have 'monitored' but there are many many more that they have not monitored but the local residents have had no choice but to. The breach on November 28 wasn't the loudest by any means.
Monitoring for half an hour per fortnight is not adequate or a fair representation. They should monitor for the ten hour working day as that is what the locals have to contend with.
Before you make your ill informed and ignorant comments just go to Talbot Gardens whilst the pile drilling and other work is occurring and stand on the grass there - see how close it is to homes and hear how bad it is....feel the vibration. If you are a caring human being it will reduce you to tears of despair as to how anyone could have agreed to this.
If you know what you are talking about and have read the planning docs etc and been researching this for the past three years or so then fine but I suspect you are not well informed and you believe what the Herald prints which is what MVV want you to read.
There have been so any modifications and variations that the original planning application is not even as was originally agreed to.
If nothing else it is up to PCC to ensure that all conditions are adhered to and the way it is going so far you should be concerned wherever you live in Plymouth. If the noise monitoring is carried out the way it is then what on earth will the emission monitoring be like.....it has not been proven that the emissions are safe....
Make your own mind up when you have all the necessary evidence but I have no faith or belief in what a company who will make millions from this claims.”
by swshaun
Thursday, January 03 2013, 12:37PM
“It sounds just like fickleness, you could understand if it was major breaches, someone needs to truly get out more. Its being built so live with it. Complain all you want about 1db of excessive noise or workers staying 7 minutes extra, it wont make the incinerater go away.”
by applecromby
Thursday, January 03 2013, 11:54AM
“"Eight planning breaches by Plymouth incinerator company"
I think someone needs to get a life if they have nothing better to do than stand over this project with a stopwatch.
20 minutes over time wow, not exactly crime of the century is it.”