Agenda item

Public Participation

 

Mr William Owen, Mr Ian Walpole and Mr William Pierce spoke in objection to the application.

Mr James Whilding, agent, spoke in support of the application

Cllr Stephen Oxlade, Sutton Veny Parish Council, spoke on the application

Cllr David Searle, Longbridge Parish Council, spoke on the application

 

Mike Kilmister, as Neighbourhood Planning Manager, outlined the report for the demolition of four existing poultry buildings to be replaced by four new poultry buildings. It was recommended that the application be approved subject to conditions.

 

The key planning issues identified in the officer’s presentation were outlined to

include: the principle of development; the location of the site and that it is in the open countryside within an Area of Outstanding Natural Beauty; the history of the application and the three reasons that the Committee deferred the consideration of the application; the access to the site and the connection to the A350; the proximity of other properties including industrial and residential; that the committee had had the opportunity to visit the site; the history and use of the existing buildings, and that the lawful use of the site is for agriculture and that of poultry rearing.

 

The changes in the application from that previously reported to the Committee were explained including the reduction in the capacity for the number of birds; the comparison of the elevation of the new buildings to those on the site already; the topography of the site and the existence of a bund; the operation of the site and the impact on environmental health issues.

 

The submitted plans and member site visit identified the provision of screening by trees; however it was acknowledged that additional landscape plan details would need to be submitted, which is recommended by condition, which would require the Council’s written approval.  The views of the site from the public rights of way and other neighbouring properties were identified and it was confirmed that the applicant had amended the scheme following discussions with the Environment Agency who had issued a permit – which sets out conditions in relation to potential noise, fugitive emissions (incl dust and flies), odour and ammonia releases; as well as pre-commencement conditions that need to be satisfied before on site operations are started.

 

Members were advised that the public have been able to comment on the permit, and it was open to public scrutiny.  The officer explained that the Environment Agency in reaching their decision took account of all their relevant considerations and legal requirements to ensure the permit would provide a high level of protection for the environment and human health. the Environment Agency raised no objection to this application.  The Environment Agency raised no objection to the planning application.

 

Members were also advised on planning policy and the weight that can be given to tests that are required to be met for major development in the Area of Outstanding Natural Beauty and it was confirmed by officers that these tests had been met.  Members were informed about how the visual impact had been assessed and the officer explained in detail about ecology, heritage assets and visual amenity matters and where necessary planning conditions had been attached. The officer explained the views of the highways officers and the need for a traffic management plan and planning conditions to restrict traffic movements.  Any ‘fall back’ position was explained in terms of the redevelopment/ re-use of the site.

 

The committee was advised on the late submission received from the Area of Outstanding Natural Beauty officer and that landscape impact, lighting and use of materials and external colour finishes had been fully factored into the officer’s report and the planning authority needed to weigh up any public harm against the merits of the application.

 

Members of the Committee then had the opportunity to ask technical questions of the officer. In response, officers stated: that the lawful use of the site was for agricultural and one which may continue to operate as a poultry unit if required in the future subject to requiring a permit if needed and any permissions required from the Council to bring the buildings up to modern day standards or  new buildings; that the three issues raised by the previous committee in their deferral of the application had been addressed and were outlined in the report; along with the confirmation that the local highway authority, other consultees experts in their fields and planning officer had no objections and no refusal reasons were produced.  There would be comprehensive controI of the site operations under the Environmental Permitting system administered by the Environment Agency.  It would be monitored  by them regularly, at least annually, to ensure compliance with the permit. Any concern in the future regarding what is discharged from the buildings, ie noise, odour, dust etc it is for the Environment Agency to take any complaint and action accordingly. Failure to take appropriate steps to rectify those concerns would have the risk of having to reduce or cease operations.  The Environment Agency have the power to enter the site, unannounced, to investigate any complaints.

 

Members of the public and the parish councils then had the opportunity to present their views to the Committee, as detailed above.

 

Councillor Tony Jackson and Councillor Fleur De Rhe-Philipe as the adjacent and local Division Members addressed the Committee.

 

At the start of the debate Councillor Jonathon Seed moved, subsequently seconded by Councillor Ernie Clark, that the application be approved subject to the conditions outlined in the officer’s report.

 

In the debate that followed, issues discussed included: the commendation given to the case officer for the detailed report, and the work undertaken to provide additional, more detailed planning conditions; how concerns about noise, vehicle movement and pollution could be mitigated against; that the Environment Agency had included pre-operation conditions to assess the impact of the proposals; how the conditions would be enforced and the additional conditions requiring the submission of a pest management plan; that the Environment Agency have confirmed that, following consultation with health bodies, there should not be any public health impacts from the proposals.

 

It was also recommended that condition no. 17 should restrict hours of demolition and construction; and officers were asked if the planning conditions would pass the test of ‘reasonableness’; members also remarked that the site visit had established the nature of site topography, landscaping and the position of the buildings in relation to the nearby housing; imposing vehicle restrictions for the development and the site was subject to some debate in terms of acknowledging the proximity of the industrial estate.  Members were also advised about amending condition no. 12; and how asbestos (if present on site) could be dealt with through the recommended planning conditions regarding the demolition of the site.

 

Members also appreciated and acknowledged the views and concerns expressed by members of the public. Following advice provided from the planning officer, and with the agreement of the proposer and seconder, the proposal was amended to include revisions to condition no’s 4 and 12, and an informative added regarding the removal of asbestos.

 

At the conclusion of the debate, and having been put to the vote, the meeting;

 

Resolved:

 

To approve planning permission subject to the following conditions:

 

1                a          The development to which thispermission relates shall be commencedwithin threeyearsbeginningwith thedate of thispermission.

b.         Not lessthan one week'sprior noticeshall be provided in writing tothe Local PlanningAuthorityofthe intendeddatefor commencementofoperationsunder theterms ofthispermission.  Suchdateshall be referred tohereinafteras the Commencement Date.

 

REASON: Tocomply with theprovisionsofSection 91 of theTown and Country PlanningAct 1990 as amended bythe Planningand Compulsory Purchase Act 2004.

 

2                  The developmentshall be carried out in accordance with the herebyapproved plans (other than where amended by detailssubmittedto and approved in writing in anysubsequent discharge ofplanning condition application(s))

 

JW/0663/2010/200-01 revision B- Location and site plansJW/0663/2010/200-02- Surveyplan

JW/0663/2010/200-03 revision D- ProposedlayoutplanJW/0663/2010/200-04 revision B- FloorplanJW/0663/2010/200-05 revision C- Sections andelevationsJW/0663/2010/200-08 revision D- Lighting plan

JW/0663/2010/200-10 revision B- Asexisting elevations and site sectionsREASON:In order to define theterms ofthispermission.

3                  Prior to the commencement ofthe development aConstruction andOperational LorryTrafficManagementPlan (COLTMP)shall be submittedto andapproved in writing bythe local planning authority,andthe site shall bedeveloped and operated inaccordance with the approved COLTMP. The COLTMP shall include, inter alia,measuresemployed to ensure that i)theadjacenthighwayiskept clear of detritus,ii)thereisadequate provision forthe parkingandturning of lorries within thesite,

ii)dequateprovisionsare madeto ensurethatthe routeing oflorriesto and fromthe site,includingdriverandthird party instructions,isonlyby way ofapproachingandleaving the site via the A350 at Longbridge Deverill,iv)detailsofthe management ofvehicle movements, v) location of anytemporarycontractor'scompoundand internal parking provisions.

 

REASON:In order to ensurethat theamenity ofthe local highway networkisadequatelyprotected

 

4                    No external lighting shall be installed on site until plans/details showing the type of light appliance, the height and position of fitting, illumination levels and light spillage including methods to prevent any sideways or upward disruption of light have been submitted to and approved in writing by the Local Planning Authority.  The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site within an AONB.

 

5                  Ifduringdevelopment, contaminationnot previouslyidentified is foundto be present atthe sitethen nofurtherdevelopment(unlessotherwise agreedin writing with the LocalPlanningAuthority)shallbe carried out until the developer hassubmitted, andobtained written approvalfrom the Local Planning Authorityfor, aremediation strategy detailinghowthisunsuspected contamination shall be dealt with.The remediationstrategyshall be implemented as approved.

 

REASON: To preventpollution of controlled waters.

 

6                  No developmentshall commence onsite until a scheme of hardand soft landscaping hasbeen submitted to and approved in writing bythe Local Planning Authority,the detailsofwhich shall include :-

 

-  locationand current canopy spread of all existing trees andhedgerowson theland;

 

-  full details ofanyto beretained, together with measuresfor theirprotection in thecourse of development;

 

-  a detailed planting specification showingall plant species, supply and planting sizes and planting densities,

 

-  finished levelsand contours;

 

-  means of enclosure;

 

-  carparklayouts;

 

-  other vehicle and pedestrian access and circulation areas;

 

-  all hard andsoftsurfacing materials;

 

-  minorartefactsandstructures(e.g.furniture, playequipment, refuse and otherstorageunits,signs,lightingetc);

 

-  proposed andexistingfunctional services above and belowground (e.g. drainage,power,communications, cables,pipelinesetc indicating lines, manholes, supportsetc);

 

-  detailsofthe bundings

 

-  detailsofworksfor the protection of the publicfootpath

 

REASON: To ensure a satisfactory landscaped setting forthe developmentandthe protection of existing important landscapefeatures.

 

7                  All softlandscaping comprised in the approved detailsoflandscaping shall be carriedoutinthe firstplanting and seeding season following thefirst occupation ofthe building(s) or thecompletion of thedevelopment whicheveristhe sooner;All shrubs, treesand hedge planting shall bemaintainedfree from weeds and shall beprotectedfromdamage byverminand stock. Any treesor plantswhich,within aperiod of fiveyears,die, areremoved, orbecomeseriouslydamaged or diseasedshallbe replacedin the next planting season with others ofa similarsize and species, unlessotherwiseagreed in writing by thelocal planning authority.All hard landscaping shall also becarried out inaccordance with the approved details priorto the occupation ofanypartofthe development or inaccordance with aprogrammeto be agreed in writingwiththe Local PlanningAuthority.

 

REASON: To ensure a satisfactory landscaped setting forthe developmentandthe protection of existing important landscapefeatures.

 

8                  No developmentshall commence onsite inconnection with the approval until details ofthe materialsincluding colour finishes forthe external surfaces of the developmenthave been submitted toand approved in writing bythe Local Planning Authority. Developmentshall be carried outin accordance with theapproved details.

 

REASON:In the interests ofvisual amenity andthe character and appearance of the area.

 

9                  No developmentshall commence onsite until detailsofthe LPG tankto be used onthe development have been submitted toand approved in writing bythe LocalPlanningAuthority.Development shall be carried outin accordance with the approved details.

 

REASON:In the interests ofvisual amenity andthe character and appearanceofthe area.

 

10               No developmentto commence untilfull acousticdesign proposals forthe ventilationfans, including  soundfrequencyspectrafor inlets, outlets andcase radiation of the fans, specificationsof the proposedattenuators, ductsystemsandoutdoorterminations  and calculations onthe sound levels generatedby thefans via the pathsdescribed inthe submitted report 'Second Addendum to NoiseImpact Analysis'by S.and DGarrittLtd dated16thMarch2016,hasbeen submitted toand approved inwritingby the local planningauthority.All works comprised in the approved detailsshall be completed before anypart ofthe development isfirst boughtintouse.The level of noise emitted fromsite shall thereafternotexceed arating Level

 

(BS4142:2014) of37dBbetween 07:00 and 23:00 and 23dBbetween 23:00 and 07:00 atthe boundary ofJava Bungalow, Deverill Road.

 

In meeting these levelsthe soundfrom theequipment will be ator belowthe typicalmeasuredbackground noise level (LA90)as shown inthe submitteddocuments'Addendum toNoise Impact Analysis'by S. and DGarrittLtddated14thNovember2014 and 'Second Addendum to Noise Impact Analysis'by S.and DGarrittLtd dated 16th March2016.

 

REASON: Thematterisrequiredto be agreed with the Local Planning Authority beforedevelopmentcommencesin order that the developmentisundertaken in an acceptablemanner inorder to safeguard the amenities of the areain which the developmentislocated.

 

11               The developmentwill not commencecommercialoperationsuntil a written schemefor postcompletion noise measuring hasbeen submitted to andapproved in writingby the local planning authority. The scheme shall bedesigned bya suitablycompetentandqualifiedperson. The written schemeshall provide detailsof howcompliance with the sound levelsin condition 10 will be demonstrated andinclude times and locations atwhich noise monitoring will take place andthe equipment thatwill be used to takemeasurements. A post completion noisemeasuring shall be carried out within 12weeksofthe usecommencingand within 16 weeks ofthe usecommencing,a reportwritten bya suitablycompetent andqualified person, detailing theresults ofthe postcompletion noise measuringshall besubmittedto the local planning authority.

 

REASON: To ensure thecreation/retention ofan environment free from intrusivelevelsofnoiseand activity in the interests ofthe amenity ofthe area.

 

12                 Vehicle movements to and from, and on the site will be restricted to the hours of 8am - 6pm Monday to Friday only and no lorry movements on site at weekends and Bank or Public Holidays.

 

                 REASON:  To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

13               No developmentshall commence onsite(including demolition, groundworks,vegetationclearance) until a Construction Environmental Management Plan (CEMP)hasbeen submitted to and approved in writing bythe local planning authority. TheCEMP  shall  include,  but  not  necessarilybe limitedto,the following:

 

a)            Riskassessment ofpotentiallydamagingconstruction activities

 

b)            Identification of 'biodiversity protection zones'

 

c)            Practicalmeasures(bothphysical measuresandsensitive working practices)to avoid or reduceimpactsduring construction (maybe provided asa setofmethod statements)

 

d)            The location and timing ofsensitive works to avoid harm to biodiversity features

 

e)            The timesduring construction when specialistsecologistsneedto bepresenton siteto oversee works

 

f)             Responsible personsand lines ofcommunication

 

g)            The role andresponsibilities onsite of anecological clerkofworks(ECoW)orsimilarlycompetent person(s)

 

h)            Use of protectivefences, exclusion barriers and warning signs.

 

i)             Ongoingmonitoring, includingcompliance checks bya competentperson(s)during construction andimmediatelypost-completion of constructionworks.

 

The approved CEMP shall be adheredto and implementedthroughout theconstruction period strictlyin accordance with the approved details.

 

A  reportpreparedby acompetent  person(s),certifyingthatthe requiredmitigation and/or compensation measuresidentified in the CEMP have been completedto their satisfaction, shall be submittedto the Local PlanningAuthoritywithin 3months ofthe date of substantial completion of thedevelopmentorat theendofthe nextavailable planting season,whicheveristhe sooner.

 

REASON: To ensure adequate protection, mitigation and compensationforprotected species, priority species and priorityhabitats.

 

14               Before workscommence,a Landscapeand Ecological Management Plan (LEMP)shall be submitted to,and approved in writing by the Local Planning Authority. The content ofthe LEMP shall include,butnot necessarilybe limited to, the followinginformation:

 

a)            Specification of habitatsto be created,

 

b)            Description of featuresto bemanaged;

 

c)            The above shown on a sitemap

 

d)            Aimsand objectives ofmanagement

 

e)            Managementprescriptions;

 

f)             Workschedule including an annual work plan capable of being rolledforwardovera 5 yearperiod

 

g)            Detailsofthe bodyor organisationresponsibleforimplementation of the plan;

 

h)            Ongoingmonitoringandremedialmeasures;

 

i)             Timeframefor reviewingthe plan

 

j)             Detailsand location of the 15 bat boxes and15 bird boxes.

 

k)            Buffer strips alongfield edges tobe cut lessfrequently

l)             Traditional managementofhedgerows

 

m)          Dedication of underutilised areas ofthe siteto create wildflowermeadows

 

n)            Hibernalcula and refuge log piles

 

o)            Incorporation of droppedkerbs andsumplessgullies

 

The LEMP shall be implemented infull in accordance with the approved details.

 

REASON: To ensure thelong-term management oflandscapeand biodiversity features, andto maintainand enhancethese in perpetuity.

 

15               No developmentshall commence onsite until a schemefor thedischarge offoul water from the site hasbeensubmittedto andapproved in writingby the Local PlanningAuthority. Theapprovedschemeshall be constructed prior tothe use commencing.

 

REASON: To ensurethat the development can be adequately drained

 

16               No developmentshall commence onsite until a schemefor thedischarge ofsurfacewater fromthe site,incorporatingsustainable drainage detailstogetherwithpermeabilitytest resultsto BRE365, hasbeensubmittedto andapproved in writingby the Local PlanningAuthority.The approved scheme shall beconstructedprior tothe use commencing.

 

REASON: To ensurethat the development can be adequately drained

 

17               No developmentshall commence onsite(including any worksofdemolition), until a Construction Method Statement, which shall include thefollowing:

 

a)            the parking of vehicles of site operatives andvisitors;

 

b)            loadingand unloading of plantandmaterials;

 

c)            storage ofplant andmaterialsused inconstructing thedevelopment;

 

d)            the erection andmaintenance of securityhoarding including decorativedisplaysand facilities forpublicviewing,where appropriate;

 

e)            wheel washing facilities;

 

f)             measuresto controlthe emission of dustanddirtduring construction;

 

g)            a schemefor recycling/disposing of wasteresultingfrom demolition and construction works; and

 

h)            hoursofconstruction,includingdeliveries;

 

hasbeen submitted to, and approved in writing by, the LocalPlanningAuthority. Theapproved Statement shall be complied with in full throughout the construction period.The developmentshall not becarried out otherwise thanin accordance withthe approved constructionmethod statement.

 

REASON: Thematterisrequiredto be agreed with theLocal Planning Authority before developmentcommencesin order that the developmentisundertaken in an acceptablemanner, tominimise detrimental effectsto theneighbouringamenities, theamenities of the area in general,detriment tothe natural environment throughthe risksofpollution anddangersto highwaysafety,during theconstruction phase.

 

18               The developmentshall not befirst bought intouse until a PestsManagementPlan has been submittedto and approved in writingby theLocal PlanningAuthority.The PestManagementPlanshould include measuresfor the management and control ofpestssuch as flies andvermin.The approved Pests Management Plan shall beadheredto.

 

REASON:In the interests ofthe amenity ofthe area.

 

19               No materialsshall beburnton siteat anytimeon anyphase of thedevelopmentduring thebuildingandconstruction works.

 

REASON:In order to minimise nuisance

 

INFORMATIVE(s):The applicantmustensurethe developmentcomplieswith the WaterResources(Control ofPollution) (Silage,Slurryand Agricultural Fuel Oil) Regulations 2010(SSAFO). Theseregulationsaimto preventwaterpollutionfrom stores ofsilage, slurry and agriculturalfuel oil.Theyset out requirementsfor thedesign, construction and maintenance ofnew,substantiallyreconstructed orsubstantiallyenlargedfacilities for storing these substances. Storagefacilities should be sited at least10 metresfrom inlandfreshwateror coastal waterand have a20-year life expectancy. The Environment Agencymust benotified in writingabout any new,substantiallyenlargedor substantiallyreconstructed system at least 14 days before it is firstused.Furtherguidelinesandfactsheetson the SSAFO regulations are availablefrom the followingwebsite:

 

http://www.environment-aaencv.aov.uklbusiness/sectors/118798.aspx

 

INFORMATIVE: Pleasebe advised that nothing in thispermission shall authorise thediversion,obstruction, or stoppingup ofanyrightofway thatcrossesthe site.Youare advised to contactWiltshire Council PROWofficer

 

INFORMATIVE The applicant should note that the works hereby approved involve the removal and disposal of asbestos cement roofing. It should only be removed by a licensed contractor.  Asbestos waste is classified as 'special waste' and as such, can only be disposed of by obtaining a site licence from the licensing authority (Environment Agency). Any contractor used must also be licensed to carry 'special waste'.