Agenda item

A report by the Case Officer is attached.

The Committee received a presentation by the Case Officer which set out the main issues in respect of the application.

 

It was noted that a site visit in respect of this application had taken place on Monday 5 July 2010 which had been attended by Cllr Philip Brown, Cllr Christine Crisp, Cllr Andrew Davis, Cllr Peter Fuller, Cllr Chris Humphries and Cllr Julian Johnson.

 

The Committee then received statements from the following members of the public expressing their views regarding this planning application:

 

The following peoplespoke against the proposal

Miss Ashley Price, a local resident

Mr Trevor Gilbert, a local resident

 

The following people spoke in favour of the proposal

Mr Toby Minter of Malaby Martin Ltd, the applicant

Mr Thomas Minter of Malaby Martin Ltd, the applicant

Mr Chris Beaver, Planning Director, GL Hearn, the agent

 

On hearing the views of Cllr Keith Humphries, as local Member, and after discussion,

 

Resolved:

 

To grant planning permission for the following reasons:-

 

Having taken into account the environmental information, the Council is of the opinion that the proposed development is in accordance with the Development Plan and that there are no material considerations that indicate the decision should be made otherwise. The biogas plant would provide a sustainable means of creating renewable energy through the processing of waste to provide a source of power to run the plant itself, adjoining employment units, and supply electricity to the national grid. The employment units would provide the opportunity for new technology to develop and contribute to the vitality and economic viability of Warminster. The Council is of the view that the development proposed on the Bore Hill site is acceptable.

 

The policies relevant to this decision are: Policies RE5 and RE6 of RPG10: Regional Planning Guidance for the South West, 2001; Policies T1, RE1, W2, W3, DP1, DP9 and DP14 of the Wiltshire and Swindon Structure Plan 2016; Policies WCS1, WCS2, WCS3 and WCS5 of the Wiltshire and Swindon Waste Core Strategy 2006-2026; Policies WDC1, WDC2, WDC3, WDC7, WDC8, WDC11 and WDC 12 of the Wiltshire and Swindon Waste Development Control Policies DPD and; Policies C1, C4, C31a, C32, C34, C35, C38 and E6 of the West Wiltshire District Plan 1^st Alteration 2004 (as amended by Secretary of State Direction of 26^th September 2007 regarding “saved” policies).

 

Subject to the following condition(s):

 

1.                  The development hereby permitted shall begin not later than three years from the date of this permission.

 

Reason: In accordance with Section 51(1) of the Planning and Compulsory Purchase Act  2004.

 

2.                  The development hereby permitted shall be carried out in accordance with the following approved plans:

           

            Plan Ref:       9068 (L) 001 Proposed Layout – Roof, dated 28.01.10

            Plan Ref:       9068 (L) 003 Demolitions scheme, dated 21.07.09

            Plan Ref:       9068 (L) 005 Elevations & Section – Unit 3,dated 25.01.10

Plan Ref:       9068 (L) 006 Elevations & Section – Unit 2, dated 25.01.10

Plan Ref:       9068 (L) 007 Elevations & Section – Unit 4 & 5, dated 25.01.10

Plan Ref:       9068 (L) 008 Ground First & Roof Plans – Unit 3, dated 25.01.10

Plan Ref:       9069 (L) 009 Ground Mezzanine & Roof Plans – Unit 2,dated 25.01.10

Plan Ref:       9068 (L) 010 Ground & Mezzanine Plans – Unit 4 & 5,dated 25.01.10

Plan Ref:       9068 (L) 011 Proposed Site Sections – AA BB & CC,dated 05.02.10

Plan Ref:       9068 (L) 013 Elevations & Section – Unit 1, dated 25.01.10

Plan Ref:       9068 (L) 014 Ground First & Roof Plans – Unit 1, dated 10.02.10

Plan Ref:       9068 (L) 015 Elevations & Section – Unit 6, dated 10.02.10

Plan Ref:       9068 (L) 016 Ground First & Roof Plans – Unit 6, dated 10.02.10

            Plan Ref:       9068 (L) 020 Site Location Plan, dated 09.02.10

            Plan Ref:       9068 (L) 021 Proposed Site Layout Plan,dated 09.02.10

            Plan Ref:       9068 (L) 026 Employment Site Plan, dated 28.01.10

            Plan Ref:       9068 (L) 030 Biogas Plant Site Plan, dated 17.02.10

            Plan Ref:       9068 (L) 031 Biogas Plant Pre-Treatment Building Elevations,dated 17.02.10

            Plan Ref:       9068 (L) 032 Biogas Plant Plan, dated 17.02.10

            Plan Ref:       9068 (L) 033 Biogas Plant Site Cross Sections,dated 17.02.10

Plan Ref:       9068 (L) 034 Biogas Plant Pre-Treatment Building Sections,dated 17.02.10

 

            Plan Ref:       978-001-1-A Landscape Masterplan, dated 10.07.09

            Plan Ref:       978-G002      Landscape Section 1, dated February 2010

Plan Ref:       978-G003      Landscape Section 2, dated February 2010

            Plan Ref:       978-400         Security Fencing Detail, dated 23.02.10

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

3.                  No development shall commence on site until details and samples of the materials to be used for the external walls and roofs of the Biogas Plant and Employment Buildings have been submitted to and approved in writing by the Waste Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason: In the interests of visual amenity and the character and appearance of the area.

 

4.                  No development shall commence on site until a scheme of  hard and soft landscaping has been submitted to and approved in writing by the Waste Planning Authority, the details of which shall include:

 

a) details of all existing trees and hedgerows to be retained on the land together with measures for their protection in the course of development.

b) all species, planting sizes and planting densities, spread of all trees and hedgerows within or overhanging the site, in relation to the proposed buildings, roads and other works.

c) proposed finished levels or contours

d) means of enclosure

e) vehicle parking layouts together with pedestrian access and circulation areas

f) hard surfacing materials

g) minor artefacts and structures (e.g. furniture, bicycle racks, refuse or other storage units, signs, lighting etc)

h) proposed and existing functional services above and below ground (e.g., drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc)

i) retained historic landscape features and proposed restoration.

 

Reason: To ensure a satisfactory landscaped setting for the development and the protection  of existing landscape features.

 

Policy:    WDC7 of the Wiltshire and Swindon Waste Development Control Policies DPD and Policy C32 of the West Wiltshire District Plan 1^st Alteration 2004.

 

5.         All soft landscaping comprised in the approved details of landscaping shall be carried out in  the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner. All shrubs, trees and hedge planting         shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously         damaged or diseased shall be replaced in the next planting season with others of a similar     size and species, unless otherwise agreed in writing by the Waste Planning Authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Waste Planning Authority.

 

Reason: To ensure a satisfactory landscaped setting for the  development and the protection of existing important landscape features.

 

Policy: WDC7 of the Wiltshire and Swindon Waste Development Control Policies DPD and             Policy C32 of the West Wiltshire District Plan 1^st Alteration 2004.

 

6.                  Delivery of waste to the biogas plant shall only take place between the following hours:

 

            07.30 to 18.00 Monday to Friday

            09.00 to 13.00 Saturday

 

            No deliveries shall take place on Sundays or Bank Holidays.

 

Reason: To reduce the potential for disturbance caused by vehicular movements.

 

Policy:  WDC2 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD.

 

7.         No development shall commence on site until a detailed scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Waste Planning Authority. The agreed scheme shall be implemented in full in accordance with an agreed timetable.

 

Reason: To prevent the increased risk of flooding and prevent pollution of the water environment.

           

Policy:   WDC2 and WDC3 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

8.                  No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Waste Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

 

            Reason: To protect controlled waters.

 

Policy:    WDC2 and WDC3 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

9.         The development shall only be carried out in accordance with the Flood Risk Assessment (Clarkebond, Engineering and Management Consultants – dated February 2010) and the following mitigation measures detailed within the FRA:

 

Limiting the surface water run-off generated by the 1 in 100 year critical storm (including an appropriate allowance for climate change) so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

Policy:   WDC2 and WDC3 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

10.             The plant and equipment on site shall be designed, installed and maintained to ensure that the following noise levels are achieved at the locations and time periods specified:

 

            Location                                Time Period                      Laeq 5min dB

 

            Butlers Coombe Farm              07.00 – 19.00                             34

            House                                        19.00 -- 23.00                             30

                                                              23.00 – 07.00                             30

 

            Dwellings on Ashley Place      07.00 -19.00                               45     

                                                             19.00 –23.00                               30

                                                             23.00 –07.00                               30

 

            

            Dwellings on Ludlow Close    07.00 –19.00                               40

                                                               9.00 - 23.00                               30

                                                               3.00 –07.00                               30

    

The plant shall be so designed and maintained so as to eliminate any tonal or impulsive character to the noise.

 

Reason: To safeguard the amenity of the area and of local residents.

 

Policy:    WDC2 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

 

11.             No development shall commence on site until full details of visibility splays of 4.5m x 160m in both directions, at both access points to Deverill Road, shall be submitted to the Waste Planning Authority. The visibility splays shall be provided in accordance with the approved details before the development is first brought into use and shall be maintained at all times.

 

            Reason: In the interests of highway safety.

 

Policy:  WDC2 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

12.             No development shall commence on site until full details of the internal access roads and access junctions to Deverill Road shall be submitted to and approved in writing by the Waste Planning Authority. The internal access roads and junctions shall be constructed in accordance with the approved details before the development is first brought into use.

 

            Reason: In the interests of highway safety

 

Policy:  WDC2 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

13.             No development shall commence on site until full details of the southerly access junction to the site have been submitted to and approved in writing by the Waste Planning Authority. Such details shall ensure that articulated vehicles will not obstruct the opposing traffic lanes when turning into the site. Gradients of internal access roads shall not exceed 1 in 30 over the first 9 metres measured from the nearside edge of carriageway of Deverill Road. The junction shall be constructed in accordance with the approved details before the development is first brought into use.

 

            Reason: In the interests of highway safety

 

Policy:  WDC2 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

14.       No development shall commence on site until details of the location, scale, construction             method, fill and means of retention of the proposed embankment adjacent to the A36 (T) road         shall be submitted to and approved in writing by the Waste Planning Authority. Development shall be implemented in accordance with the approved details.

 

            Reason: To protect highway safety of the A36

 

Policy:  WDC2 and WDC11 of the Wiltshire and Swindon Waste Development Control Policies DPD                      

 

15.       No development shall commence on site until a Green Travel Plan has been submitted to and approved in writing by the Waste Planning Authority. The Travel Plan shall include details of implementation and monitoring and shall be implemented in accordance with these agreed           details. The results of the implementation and monitoring shall be made available to the Waste Planning Authority on request, together with any changes arising from those results.

 

Reason: In the interests of road safety and reducing vehicular traffic to the development.

 

           Policy:   T1 of the Wiltshire and Swindon Structure Plan 2016

 

16.       No external lighting shall be installed on site until plans showing the type of light appliance, the      height and position of fitting, illumination levels and light spillage have been submitted to and approved in writing by the Waste Planning Authority. The lighting approved shall be installed and shall be maintained in accordance with the approved details.

 

Reason: In the interests of the amenities of the area and to minimise unnecessary light spillage above and outside the development site.

 

Policy:   WDC2 of the Wiltshire and Swindon Waste Development Control Policies DPD.

 

17.       There shall be no open storage of waste within the biogas plant or employment area.

 

Reason: To safeguard the amenity of local residents from any potential odours.

 

Policy:    WDC2 of the Wiltshire and Swindon Waste Development Control Policies DPD.

 

18.       Any facilities above ground for the storage of oils, fuels or chemicals shall be sited on an             impervious base and surrounded by impervious walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe      work should be above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge into the bund. Such facilities shall be      constructed and completed in strict accordance with plans approved by the Waste Planning          Authority prior to the first use of the development.

 

            Reason: To prevent pollution of the water environment.

 

Policy:  WDC2 and WDC3 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

19.             Prior to the commencement of development an ecological construction method statement and detailed Environmental Management Plan shall be submitted to the Waste Planning Authority for approval. The plan shall set out details regarding how it is proposed to safeguard wildlife species during the construction and operation of the site and proposals for long term management of the site to maintain and encourage native species. Development shall be carried out in accordance with the scheme approved.

 

Reason: In order to ensure that appropriate measures are taken to protect wildlife and promote biodiversity.

 

Policy:    WDC8 of the Wiltshire and Swindon Waste Development Control Policies DPD

 

20.             Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting or amending that Order with or without modification), the employment units shall be used solely for purposes within Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

Reason:   The proposed use is acceptable but the Waste Planning Authority wish to consider       any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case.

 

21.             No development shall commence on site (including any works of demolition) until a Construction Method Statement, which shall include the following:

 

a)     the parking of vehicles of site operatives and visitors;

b)     loading and unloading of plant and materials;

c)     storage of plant and materials used in constructing the development;

d)     the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

e)     wheel washing facilities;

f)       measures to control the emission of dust and dirt during construction;

g)     a scheme for recycling/disposing of waste resulting from demolition and construction works;

h)     measures for the protection of the natural environment;

i)        hours of construction, including deliveries;

 

has been submitted to, and approved in writing by, the Waste Planning Authority. The             approved Statement shall be adhered to throughout the construction period. The development           shall not be carried out otherwise than in accordance with the approved construction method        statement without the prior written permission of the Waste Planning Authority.

 

Reason: To minimise detrimental effects to the neighbouring amenities, the amenities of the             area in general, detriment to the natural environment through the risks of pollution and     dangers to highway safety, during the construction phase.