Application to amend Protos planning permission submitted
Plans to amend the planning permission at Protos to unlock delivery of the next phase of development and contribute to the transition to net zero have been submitted to the Cheshire West and Chester Council.
Peel NRE have submitted a Section 73 application to remove the requirement to build a new rail link and handling facility at Protos. As the current conditions prevent plots in Phase Two from coming forward, removing this requirement would unlock more investment into the site.
It’s important to note that the move will not increase Heavy Goods Vehicle (HGVs) movements to and from the site – with no planned changes to the HGV movement limit already in place as part of the existing planning consent at Protos.
Take a look below at reasons why this is necessary now, alongside answers to some Frequently Asked Questions about the application.
What is being applied for and why?
Originally, Protos was consented as a resource recovery park in 2009, with a much larger capacity Energy Recovery Facility (ERF) at its heart.
Protos has since evolved. Not only is a smaller ERF being built, the site has become a key strategic site for the area to combat climate change and address the net zero ambitions of Cheshire West and Chester Council and the wider region.
The Net Zero North West Cluster and ORIGIN both recognise the importance of Protos in contributing to the decarbonisation of important industries in the surrounding area.
The context within which Protos operates (and the markets which it serves) have changed significantly. It means that there is no demand or need for the use of the rail, now or which can be predicated in the future, and the terms under which the rail facility is required to be delivered can no longer be met.
Removing the requirement to deliver the rail facility will mean more of the consented plots could be developed.
The decision has not been taken lightly, but is made against the below context:
Lack of demand: There has been no demand from existing or potential occupiers to use the rail facility, despite over a decade of proactive marketing and promotion.
Lack of interest in operation: More than 10 rail logistics companies declined an interest in building and operating the facility, essential to its delivery.
Changing industry trends and waste contracts: The waste industry has changed significantly since the original consent, with more waste infrastructure offering more local treatment options favouring transport via road rather than being transported in large quantities over long distances by rail to regional facilities.
Barrier to delivery of Protos: Despite being consented for development, Phase Two of Protos cannot be delivered. Removing the requirement would see more of the site come forward for the sustainable management of waste, low-carbon uses, creating more jobs during construction and operation and unlocking local investment.
The planning application, and all of the supporting technical documents, can be found on the Cheshire West and Chester Council website here.
Frequently Asked Questions
See below some of the key questions and responses about the application.
What are you looking to do?
The context within which Protos operates and the markets which it serves have changed significantly to the extent that there is no demand or need for the use of the rail, now or which can be predicated in the future, and the terms under which the rail facility is required to be delivered can no longer be met.
By amending the Protos planning permission to remove the requirement to deliver rail, Protos would be better able to realise its contribution to economic growth, sustainable waste management and contribution to address climate change.
Why are you looking to remove the condition to introduce rail?
The current restrictions are constraining Protos from being developed in full. In turn, Protos cannot meet its full expectations of providing sustainable waste recovery and management facilities and economic growth as identified in the adopted Development Plan for Cheshire West and Chester Council (CWACC).
The current requirement to deliver the rail facility is preventing the following benefits from being delivered:
Removing the requirements will allow Protos to be delivered in full to support the sustainable recovery, reprocessing, management and use of waste, and in turn deliver significant economic benefits to the borough.
Protos is an essential component of the region’s journey to net zero and Cheshire West and Chester Council’s response to the climate emergency. The Net Zero North West Cluster and ORIGIN both recognise the importance of Protos in contributing to the decarbonisation of important industries in the surrounding area.
Removing the rail condition is required to maximise the full economic potential of Protos in the wider context of ORIGIN and the Net Zero North West industrial cluster.
HyNet will also run to the south of Protos presenting a number of unique opportunities which will allow businesses locating at Protos to decarbonise their operations and drive the net zero agenda. Such opportunities can only be fully realised without the requirement to deliver the rail facility.
Will this increase the number of HGVs on local roads?
No, the number of HGVs will remain within the limits already consented at Protos.
Why can’t Phase Two be developed without removing this condition?
The planning condition requires the delivery of the rail facility before the plots within Phase Two can become operational. As such, it is preventing occupiers from locating to these plots, as no such occupiers require the rail facility.
Examples of proposals that could come forward in Phase Two include alternative low carbon fuel production, battery recycling, rare earth metals recovery, glass recycling and other emerging technologies – none of which require the use of a rail line.
If the condition is removed, do you plan to build over the land previously safeguarded for the rail link? And if so, what with?
This proposal only considers the removal of the condition and obligation for the phased delivery of the rail. There is no current or future demand for the rail, and it is not our intention to build out the rail line.
We have had conversations with a number of occupiers in the net zero and circular economy space that could potentially locate at Phase Two should the rail condition be removed. However, any such uses and their location would be subject to separate planning applications.
What happens if there is market demand for rail in the future?
Our analysis shows that due to the evolution of the waste market since Protos was originally consented there is no demand for rail either now or that can be reasonably predicated in the future
Where is your analysis of the market that shows there is no requirement?
We have extensively marketed the rail facility and our agents have marketed the site – including the rail link – for over a decade now. This has not been successful in securing interest in building, operating or using the facility.
As part of the application, we have submitted a report that sets out the waste market today (compared to when the site was first consented) and the demand for rail. It concludes there’s a significant likelihood that the rail facility would sit unused if built.
What are the economic benefits associated with Phase Two that this would unlock?
Delivery of Phase Two would unlock more jobs and investment into the local area and region. Not delivering Phase Two would mean construction benefits would be lost including:
Longer-term, operational benefits of delivering Phase Two would also be lost. These include:
Is it not a case of 'build it and they'll come' when it comes to the rail connection?
No. Firstly, the facility could only be used for waste-related movements, given the nature of Protos. Some waste materials are not transport by rail due to the light nature of the material, whilst the facility couldn’t be used for other products (for example fresh goods) due to the potential for contamination.
Our market assessment, submitted as part of the planning application, shows the significant likelihood that, if a railhead were to be developed at the site, it would sit dormant and unused. This is due to the changing waste market and lack of large contracts available that would make transporting waste by rail feasible
Have you invested in other transport connections to Protos?
The transport sector in the North West and UK is on its own decarbonisation journey, with strides made in cutting emissions from methods of both private and public transport.
At Protos, we’re seeking to support the drive to zero emission vehicles. For example, we have hydrogen re-fueling facility consented to be delivered at the site. This will be available for hydrogen-fueled HGVs to use once operational, with such vehicles boasting zero emissions.
Elsewhere, we’ve invested in new road links to Protos and upgraded the canal berth at the site, to enable materials to be brought to and from the site via water
Wouldn’t a new rail facility enable people to travel to Protos more sustainably and take cars off the road?
No, the rail line that would connect to Protos is for freight only.
A Travel Plan is agreed for Protos which promotes sustainable modes of transport. We have reviewed the Travel Plan for Protos as part of this application to ensure that sustainable modes of transport continue to be promoted.
How does this fit with Cheshire West & Chester Council’s declaration of a Climate Emergency?
Protos provides a home for much-needed infrastructure that enables local industries and the North West region to decarbonise. It does so by providing plots for businesses that generate low-carbon energy and help us move to a circular economy, making better use of our resources.
Protos is also proposed to be connected to the HyNet network, allowing occupiers to decarbonise their activities through connection to the regional hydrogen and CO2 storage network