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Agenda item

16/05728/FUL: 9 Church Farm, Easton Grey, Malmesbury.

Minutes:

John Heathcock, Henry Jodrell and Keith Waterhouse spoke against the application.  The Chairman of Easton Grey Parish Council, John Tremayne, also spoke against the application. Simon Tomlinson, Ian Firth and Marc Willis spoke in support of the application.

 

The Planning Officer gave an overview of the 9 concurrent applications at the site, seeking various agricultural buildings to allow for the consolidation of the applicant’s beef and dairy businesses, including the creation of an agricultural workers dwelling and an Anaerobic Digester for use by the applicant’s business. A site location plan, its proximity to the road and photographs of the site were shown. A comparison between the current layout of the site and proposed layout of the site was provided. It was highlighted that the 9 concurrent applications would have a cumulative impact on the site, all were located within an Area of Outstanding Natural Beauty (AONB) and outside of a defined settlement.

 

The Planning Officer then proceeded to introduce the application in respect of the Anaerobic Digester.

 

The officer introduced the report, showing pictures and diagrams which identified the proposed location and specifications of the Anaerobic Digester (AD). The officer confirmed the applicant was looking to consolidate his existing business and explained that the Anaerobic Digester was to be built with the intention of minimalizing the impact on the area.

 

The officer explained the proposed conditions and identified that screening would be provided by landscaping and, in part, existing structures at the site. It was advised that a slurry lagoon was already in existence on the site and neighbours would likely see a reduction in odour disturbance, as a result of the proposed development, due to the modern model. An Odour Protection Management Plan would also mitigate any potential impacts.

 

Attention was drawn to objections raised by residents in respect of surrounding highways and drainage issues. The officer advised that these concerns had been addressed by the conditions set out in the report. In respect of drainage, a strategy had been submitted utilising and expanding upon the existing drainage ditches at the site, and it was also identified that the site and land ownership were sufficient to accommodate any additional requirements and proposals that may prove necessary following detailed site assessment of drainage requirements as required by the conditions.  It was identified that Drainage Engineers were satisfied with the proposals. It was noted that the proposals to consolidate operations at the site would reduce traffic movements in the locality overall and would be sustainable by reducing inter-site travel . The officer drew attention to the late observations in respect of the AD Unit and other applications for Church Farm, which had been published as a supplement to the agenda and proposed an additional condition in respect of the Dairy Parlour.  The officer verified that 15 objections had been received in respect of the application, in addition to an objection from the parish council. In response to the public concern that feedstock would be brought in to feed the AD unit, it was confirmed that the applicant had demonstrated he could provide sufficient feedstock for the AD.

 

The Chairman invited members to ask technical questions, in response to which officers confirmed the proposed locations of new buildings on the site location plan.

 

The Chairman invited members of the public to make representations, as detailed above.

 

The local member, Cllr John Thomson, cited traffic, drainage and landscaping concerns that had been raised by local residents. The Councillor considered that if members were minded to approve all applications at Church Farm,  there would need to be strong condition control.

 

In response to statements from the public and local member it was confirmed that the development would reduce vehicle movement, a flare stack for the AD unit was not necessary, and that drainage, landscaping and odour issues were addressed by conditions. The officer addressed planning conditions suggested in the public participation and explained those that would not be acceptable and those which would be acceptable if the Committee wished to attach them to permission.

 

Cllr Toby Sturgis moved the officers recommendation to grant planning permission subject to additional conditions in respect of ingredients used in the AD unit to derive ingredients from within the site/landholding unless otherwise agreed in writing by the Local Planning Authority, and to provide additional passing spaces for traffic, utilising expanded field access to the adjacent highway. This proposal was seconded by Cllr Howard Greenman. 

 

In the debate that followed, members discussed the benefit of deferring for a site visit to see a working example of the AD unit. It was considered that the application was acceptable, subject to the additional conditions suggested which would help to reduce traffic and improve the sustainability of the development. 

 

RESOLVED:

 

That planning permission be GRANTED subject to the following conditions:

 

1.    The anaerobic digestion plant forming part of the development hereby approved shall use ingredients (including dairy slurry, animal bedding / FYM, grass silage and other farm produced manures) derived from the land marked in yellow under plan reference ‘Tomlinson Farms.mpd’ and related contract farmed land only, and from no other source unless otherwise agreed in advance in writing by the Local Planning Authority.

 

REASON: To accord with the terms of the application and to ensure that traffic generated by the development does not exceed the levels set out in the application particulars as justification for the development, in the interests of amenity and highway safety

 

2.    No development shall take place until plans showing the provision of at least two passing spaces being provided within enlarged field openings in the highway to the north of the application site have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the passing spaces shall be laid out in strict accordance with the approved plans prior to the first operation of the Anaerobic Digester and shall be retained for no other use, apart from vehicular access to the adjoining fields, in perpetuity.

 

REASON: In the interests of highway safety

 

3.    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.

 

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

§  Site Location Plan - 2663/01A - Received 13th July 2016;

§  Proposed Block Plan - PA400 - Received 2nd December 2016;

§  Proposed North Elevation - PA102 - Received 30th November 2016;

§  Proposed West Elevation - PA103 - Received 30th November 2016;

§  Proposed South Elevation - PA104 - Received 30th November 2016;

§  Proposed East Elevation - PA105 - Received 30th November 2016;AD Unit Statement - 16-10211 - Received 30th November 2016.

 

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

 

5.    No development shall commence on site until a scheme of hard and soft landscaping to mitigate against the impacts of the development on the Area of Outstanding Natural Beauty 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 showing all plant species, supply and planting sizes and planting densities;

§  finished levels and contours;

§   means of enclosure;

§  car park layouts;

§  other vehicle and pedestrian access and circulation areas;

§  all hard and soft surfacing materials;

§  minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

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

§  retained historic landscape features and proposed restoration, where relevant.

 

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 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 development shall commence on site until an Ecological Mitigation and Enhancement Plan has been submitted to and approved in writing by the Local Planning Authority. The plan will address the loss of grassland and trees and the potential disturbance to wildlife using hedgerows and trees around the site boundary. It will offer gains for biodiversity by aiming to help meet targets in the Wiltshire Biodiversity Action Plan for named species.

 

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 adequate protection, mitigation and compensation for protected species, priority species and priority habitats.

 

8.    No development shall commence on site until a comprehensive scheme for the discharge of surface water from the wider site (including surface water from the access/driveways/service areas), incorporating sustainable drainage details, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until the surface water drainage has been constructed in accordance with the approved scheme.

 

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, to ensure that the development can be adequately drained.

 

9.    No development shall commence on site until a scheme of acoustic insulation and noise control has been submitted to and approved in writing by the Local Planning Authority. The scheme should specify the acoustic insulation and other measures to be put in place to prevent and control the emission of noise from the development including noise from the anaerobic digester, grain drying plant and any mechanical ventilation.

 

The approved scheme shall be implemented in full before use commences and maintained at all times thereafter. In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a thorough background noise survey and noise assessment in accordance with BS4142:2014 (or any subsequent version) and demonstrate that the rating noise level is at or below the background noise level.

 

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

 

10.No development shall commence on site until an odour management plan has been submitted to an approved in writing by the Local Planning Authority. The scheme shall include measures for the control of odours from the site arising from the use of the anaerobic digester. Thereafter, the scheme shall be implemented and maintained in strict accordance with the approved details for as long as the anaerobic digester is operational.

 

REASON: To ensure the retention of an environment free from intrusive levels of odour disturbance in the interests of the amenity of the area.

 

11. No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:

(i)            The movement of construction vehicles;

(ii)          The cutting or other processing of building materials on site;

(iii)         Wheel washing and vehicle wash down facilities;

(iv)         The transportation and storage of waste and building materials;

(v)          The recycling of waste materials (if any)

(vi)         The loading and unloading of equipment and materials

(vii)       The location and use of generators and temporary site accommodation

(viii)      Pile driving (If it is to be within 200m of residential properties)

(ix)         Schedules for any plans to float polish flooring

Has been submitted to, and approved in writing by, the Local Planning Authority. The approved 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 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 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.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 in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication "Guidance Notes for the Reduction of Obtrusive Light" (ILE, 2005)", 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.

 

13. 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.

 

14. 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.

 

15. 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 lace. 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.

 

16. 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.

 

17. INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

18. INFORMATIVE TO APPLICANT:

The proposed Anaerobic Digester (AD) Plant will require a permit under the Environmental Permitting Regulations 2010. The operator is advised to contact the EA's Permitting Centre on 03708 506 506 to discuss an installation pre application enquiry. 

 

 

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