Agenda item

The planning officer, Lee Burman, introduced the report which recommended that the application should be granted permission subject to the conditions outlined in the report. The officer also drew the meeting’s attention to the late observations relevant to the application, circulated as a supplement, specifically the two additional conditions relating to lighting and waste.

 

Issues highlighted in the course of the presentation and discussion included: the location of the proposal in an Area of Natural Beauty (AONB) and adjacent to a scheduled ancient monument; that up to 1900 pigs could be accommodated by the proposal; the consultation with the Environment Agency, Historic England and Cotswold AONB all of whom had not raised any objection; the concerns raised by some objectors with regard to highways issues and that the Highways Officer had not raised any formal objections; the size and scale of the building, and the materials to be used; the views of the parish councils in the vicinity;  the implications of the Environmental Impact Assessment (EIA) regulations and that a screening opinion had been prepared which concluded that an EIA was no required; the views of the public protection team and the recommendation of two additional recommendations; the location of neighbouring residential and commercial properties; the potential impact on the landscape and odour; the possible steps that could be taken to address odour issues; the number of objections to the development; the animal welfare and farm standards proposed on the farm; and the implications of national and local policies.

 

In response to a question from Cllr Peter Hutton, Lee Burman confirmed that water would be supplied to the buildings and that each pig pen would have their own supply.

 

Mark Willis, Martin Irisari, Andrew Cook spoke in objection to the application.

Thomas Collins. Francis Baird and Charlotte Boole spoke in support of the application.

 

Cllr John Thomson spoke as the local division member.

 

Cllr Toby Sturgis proposed, subsequently seconded by Cllr Peter Hutton, that the application be approved subject to the conditions outlined in the report and the late observations. Cllr Sturgis also proposed an additional condition to limit the height of silos built in conjunction with the proposal.

 

Cllr Chuck Berry asked if it were possible to defer consideration of the application to ask the applicant to prepare an EIA to give the members of the public more assurance. Lee Burman advised the meeting requiring an EIA for this reason would not be reasonable or necessary and that a Scree

ning Opinion had been issued in this respect. Will Oulton, Senior Democratic Services Officer, advised the Chairman that a proposal for deferral could not be considered as an amendment to a proposal for permission, and this question was not put.

 

The meeting then returned to the consideration of the proposal for permission with additional conditions.

 

Having been put to a vote, the meeting;

 

Resolved

 

That that planning permission be granted subject to conditions listed below:

 

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

REASON:   To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

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

·                     Proposed plans and elevations

·                     Geophysics report

·                     Design and access statement

·                     Historic Environment Assessment

·                     Received 24.11.15

·                     Supporting statement dated 21.01.16

·                     Revised sightlines plan received 25.01.16

·                     Revised site plan received 12.02.16

·                     Revised block plan received 14.03.16

·                     Flood plain detail received 15.02.16

·                     Visual Impact Assessment received 24.02.16

·                     Further information email dated 23.02.16

·                     Feed system and justification statement received 03.03.16

·                     Odour Management Plan received 25.01.16

·                     Construction Method Statement received 25.01.16

 

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

 

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

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

4          No external stonework shall be constructed on site, until a sample panel of stonework, not less than 1 metre square, has been constructed on site, inspected and approved in writing by the Local Planning Authority.  The panel shall then be left in position for comparison whilst the development is carried out. Development shall be carried out in accordance with the approved sample.

 

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

 

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

·                     location and current canopy spread of all existing trees and hedgerows on the land;

·                     full details of any to be retained, together with measures for their protection in the course of development;

·                     a detailed planting specification for the hedgerow to the east showing all plant species, supply and planting sizes and planting densities;

·                     finished levels and contours including sections through the buildings;

·                     means of enclosure;

·                     car park layouts;

·                     all hard and soft surfacing materials;

·                     Full details of the hoppers including positioning, and fineshes and any other ancillary structures

·                     retained historic landscape features

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important historic and landscape features.

 

6          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 local 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 Local Planning Authority.

 

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

 

7          No part of the development shall be first brought into use, until the visibility splays shown on the approved plans have been provided with no obstruction to visibility at or above a height of 900mm above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter.

 

REASON: In the interests of highway safety

 

8          The development hereby permitted shall not be first brought into use until the first five metres of the access, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

 

REASON: In the interests of highway safety.

 

9          Any gates shall be set back 5 metres from the edge of the carriageway, such gates to open inwards only.

 

REASON: In the interests of highway safety.

 

10        No development shall commence within the area outlined in red onsite until:

 

a)            A written programme of archaeological investigation, which should include on-site work and off-site work such as to strip, map and record excavation of the footprint of the new buildings, and any area of landscaping and services, has been submitted to and approved by the Local Planning Authority; and

 

b)           The approved programme of archaeological work has been carried out in accordance with the approved details.

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to enable the recording of any matters of archaeological interest.

 

11        The approved Construction Method Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

REASON: The development must be undertaken in an acceptable manner, 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.

 

12        The development and practice shall be conducted in full compliance with the approved Odour Management Statement and shall be complied with in full in perpetuity. The development shall not be carried out otherwise than in accordance with the approved odour management statement.

 

REASON: In order that the development is undertaken in an acceptable manner, to minimise detrimental effects to the neighbouring amenities and the amenities of the area in general.

 

13        No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access / driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority. 

 

REASON: To ensure that the development can be adequately drained.

 

14        The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

15        No externallightingshall be installedon site untilplansshowingthe typeoflight appliance,the heightand position offitting,illumination levelsand lightspillage inaccordancewiththeappropriateEnvironmentalZone standards (i.e. E1- Intrinsically dark) asset outby theInstituteofLightingEngineersin theirpublication“GuidanceNotes for the ReductionofObtrusiveLight”(ILE,2005)”,havebeen submitted to and approvedinwritingby theLocal PlanningAuthority.  Theapprovedlightingshall beinstalledand shall be maintainedinaccordancewith theapproveddetailsand no additional external lightingshall beinstalled.

 

REASON:In the interestsoftheamenitiesoftheareaand to minimise unnecessary lightspillageaboveand outside thedevelopmentsite.

 

16        There shall be no burning whatsoever of any manure or materials associated with the keeping of pigs onsite at any time.

 

REASON: In the interestsoftheamenitiesofthearea.

 

17        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015  (or any Order revoking or re- enacting or amending those Orders with or without modification), development within Part 6, Class A shall not be of a height more than 0.5 metres in excess of the height of the two buildings hereby approved under this consent.

 

REASON:  In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions, extensions or enlargements.

 

 

18        INFORMATIVE

 

The site falls within a groundwater Source Protection Zone 3 (SPZ 3). This is a zone of protection surrounding a nearby drinking water borehole (Rodbourne Boreholes, Malmesbury), which is vulnerable to pollution.  It therefore requires careful protection from contamination.

Further information on SPZs can be found at http://www.environment-agency.gov.uk/homeandleisure/37833.aspx

 

The site must be drained on a separate system with all clean roof and surface water being kept separate from foul drainage. Manure/dung heaps must be sited in an area where it/they will not cause pollution of any watercourse or water source by the release of contaminated run-off.

The subsequent disposal of collected wastes must be undertaken in accordance with, 'Protecting our Water, Soil and Air, DEFRA 2009'.

There must be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct to watercourses, ponds or lakes, or via soakaways/ditches.

 

19        INFORMATIVE

 

Safeguards should be implemented during the construction phase to minimise the risks of pollution from the development.  Such safeguards should cover:

 

- the use of plant and machinery

- oils/chemicals and materials

- the use and routing of heavy plant and vehicles

- the location and form of work and storage areas and compounds

- the control and removal of spoil and wastes.

 

20        INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

21        INFORMATIVE TO APPLICANT:

 

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

22        INFORMATIVE TO APPLICANT:

 

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

23        INFORMATIVE TO APPLICANT:

 

The applicant should note that under the terms of the Wildlife and Countryside Act (1981) and the Habitats Regulations (2010) it is an offence to disturb or harm any protected species, or to damage or disturb their habitat or resting place.  Please note that this consent does not override the statutory protection afforded to any such species.  In the event that your proposals could potentially affect a protected species you should seek the advice of a suitably qualified and experienced ecologist and consider the need for a licence from Natural England prior to commencing works.  Please see Natural England's website for further information on protected species.

 

24        INFORMATIVE TO APPLICANT:

 

The applicant should note that there may be badger setts in the vicinity of the site, and as a consequence compliance with certain requirements and provisions of the Badgers Act 1991 may be necessary. If this is the case the applicant is advised to contact Natural England who are responsible for issuing licences relating to development on the site of badger setts.

 

25        INFORMATIVE TO APPLICANT:

 

This consent does not authorise any works which would disturb or in any way affect a Scheduled Monument.  A separate consent for any such work should be sought from Historic England.