To receive further expert advice with regard to the above application.
Minutes:
The Committee had before it an * implications report of the Head of Planning and Regeneration following discussions at the previous meeting where Members were minded to refuse the application and had sought additional expert planning advice.
She outlined the contents of the report stating that the expert advice requested by the Committee had been commissioned and the consultant’s full report was before Members which identified the 4 proposed reasons for refusal and the consultant’s findings. The issue of visual impact in relation to the bund and the dome where found to cause harm and could form a reason for refusal. However they could be addressed through conditions and an updated set of conditions (on the update sheet) highlighted such a condition. She explained that further issues were identified by the consultant in respect of the passing bay and site entrance visibility. Comments by the Highway Authority were outlined within the report and the updated conditions. Members viewed composite images showing the relationship between the original scheme and the current proposal.
In response to questions posed in public question time, with regard to the movement of digestate this would take place by a umbilical system however such movement could be conditioned by amending the wording of condition 10 – this addressed traffic movements and routing. It was questionable whether the installation of monitoring equipment was a reasonable request.
With regard to the colour of the dome, this had been addressed in condition 3, the current plans identified that the height of the dome had been reduced, the power generation was identified as being 500 kw if more than one CHP unit was on site and the power generation larger, this would require further planning permission. The set of conditions outlined within the report and the update sheet was very comprehensive and these would be enforced.
Dr Bratby had highlighted enforceability issues, output and the need to regularise the application. She stated that what was on site at present was not authorised and that the applicant knew that this was in place at their own risk. With regard to Government Policy approach to feedstuff for AD plants, this related to feed in tariff arrangements and had not affected planning policy With regard to retrospective applications and the Localism Act, that its retrospective nature would count against the application, the report outlined all the required material considerations. With regard to the approach of GFL and the retrospective application, the Committee had the views of the Council’s consultant before it. Alternative waste types for feedstock such as household waste would require a new planning application.
Consideration was given to:
· The current transport statement
· The content of the consultant’s report
· The requirement for additional monitoring to take place
· The possibility of the establishment of a liaison group to monitor activities on the site
· The updated conditions and the need for a clear full set of conditions to be made available to the Committee
· The need to monitor output
RESOLVED that the application be deferred in order that a full set of conditions be produced to include monitoring arrangements as follows:
· Records of power output to be provided quarterly
· Vehicle movement and weight recording to be provided quarterly
· The installation of vehicle monitoring equipment
· Control of digestate destination
· The applicant be required to contribute to a permission/condition monitoring liaison group (based on DCC Minerals Liaison Group)
· Access to a metering system.
(Proposed by Cllr R F Radford and seconded by Cllr R L Stanley)
(Vote: 6 for: 5 against)
Notes-:
(i) Cllr D J Knowles declared a personal interest as some of the objectors and the applicant was known to him;
(ii) Cllrs R J Dolley, B A Moore, R F Radford and R L Stanley made declarations in accordance with the protocol of Good Practice for Councillors in dealing with Planning Matters as they had received correspondence regarding the application;
(iii) The following late information was reported: Email from Agent confirming that we can change colour and reflectiveness of dome and happy for you to condition this along with remodelled bund.
The applicants agent has been contacted and confirmed that they are able to make the necessary changes to the colour of the dome and the re-profiling of the bund, subject to a condition as set out below.
There have been some changes to the list of previous recommended conditions following the report received by Peter Brett which were included in the report to Committee, the below list is the proposed conditions if minded to approve.
List of Conditions
1. The date of commencement of this development shall be taken as the 17th July 2015 when the application was registered by the Local Planning Authority.
2. The development hereby permitted shall be carried out in accordance with the approved plans, approved reports and statements listed in the schedule on the decision notice.
3. Details of the colour and finish of the building materials to be used (including the digester dome) are to be submitted within 1 month of the date of this approval and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with these details.
4. Within 1 month of the date of this approval a Construction and Operational Environment and Traffic Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. The plan shall include details of:
Hours of working;
Hours of deliveries; including details of any importation of digestate associated with commencement of operations.
Dust suppression management measures;
Traffic management
Vehicle routing to and from the site;
Programme of works
Parking for vehicles of site personnel, operatives and visitors;
Storage of plant and materials;
Loading, unloading and movement of plant and materials within the site
Facilities for cleaning wheels on exiting vehicles
All works shall take place in accordance with the approved details which will have been confirmed in writing by the Local Planning Authority
5. The passing bay on Crown Hill shall be completed in accordance with the details shown on plan ‘00030-GFL-Hartnoll-Passing bay’ approved under planning permission 13/0160/MFUL within 3 months of the date the AD plant becomes operational and be so retained. Written confirmation of the date the AD plant first becomes operational shall be submitted to the Local Planning Authority within 1 week of this date.
6. Within three months of the date of this planning permission, a programme of archaeological work indicating details of the parts of the site it shall relate to will be implemented in accordance with a written scheme of investigation submitted by the applicant or their agent and approved by the Local Planning Authority.
7. The anaerobic digester facility hereby permitted shall not be brought into operation until a drainage scheme has been implemented in accordance with details that shall have been previously submitted to and approved in writing by the Local Planning Authority. Such scheme shall include details of the provision for the disposal of clean surface water by a Sustainable Urban Drainage System, and separate provision for disposal of foul waste and dirty surface/ yard water. The scheme shall include specifications and a timetable for implementation. The water management system shall be completed in accordance with the approved details and retained and maintained for that purpose at all times.
8. There shall be no storage of chicken and farmyard manures or slurry within the application site except within the sealed digestate storage tank(s) approved as part of this planning application.
9. All hedgerows within or on the boundary of the site located to the north west of the site, and east adjacent to the highway shall be retained and maintained to a minimum height of 2 metres.
10. The feedstock for the anaerobic digester shall be slurry, farmyard and chicken manure, grass and arable crops only from the sites named in the application (Hartnoll Farm 62.13ha, Manley Lane 37.60ha, plots 41.48ha, Maunders 7.71ha, and Wellington 23.55ha and shown on plan/aerial photos Drawing numbers 13425/T04 Revision A and 13425/T05 Revision A set out in the approved transport statement date stamped 21st August 2015). A log book shall be maintained and completed detailing where and when the feedstock(s) for the AD plant have come from (Name of Farm/plot/supplier along with date and time of delivery) No other sites are to be utilised unless written confirmation has been received from the Local Planning Authority. Such log book shall be made available at all reasonable times to the Local Planning Authority
11. Prior to installation, details of any external lighting including a lighting assessment which should include the following information:
• A description of the proposed lighting scheme together with hours of operation;
• A layout plan of the proposed development site showing the lighting scheme together with light spread, spill and intensity;
• Details of the proposed equipment design;
• An assessment of the impact of the proposed lighting upon ecology; neighbouring properties, roads and character of the site and its surroundings;
• Details of any proposed measures to mitigate or compensate for the possible impacts of the proposed lighting shall be submitted to and approved in writing by the Local Planning Authority. Any approved external lighting shall be installed in accordance with the approved details and thereby retained.
12. The storage of digestate or other hazardous substances must be within properly constructed bunded areas of sufficient capacity, details of which are to be provided in writing prior to the first storage of any digestate outside the digestate storage tank. Such approved scheme shall be so retained.
13. The Tree Planting scheme submitted and approved plan WIN01_Redlinhay2_PP_004 shall be undertaken and completed within one month of the completion of the archaeological works subject to condition 6 above or within the next planting season following completion of the archaeological works, October-March whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
14. Noise emissions from the Red Linhay Anaerobic Digester site at the nearest noise-sensitive locations are not to exceed the decibel levels stipulated below, day or night.
Daytime Noise Level 07.00am – 23.00pm shall not at the boundary of any noise sensitive premises exceed the decibel level 41 dB (LAeq1hr)
Night-time Noise Level 23.00pm – 07.00am shall not when measured at 3.5m from the façade of any noise sensitive premises exceed the decibel level 33 dB (LA90 15min).
Daytime (Evening) & Night-time Noise Level 19.00pm – 23.00pm the Maximum Instantaneous Noise Level shall not when measured at 3.5m from the façade of any noise sensitive premises exceed 55 dB(LAFmax) evening (19.00-23.00hrs) and night-time (23.00–07.00hrs).
*(From the noise data supplied)
The average daytime background noise level is 36 dB (LA90 1hr) plus 5 dB exceedance
The average night-time background noise level is 28 (LA90 15min) plus 5 dB exceedance
15. Once the plant is fully operational, the operator provides a further noise assessment demonstrating that the screening is adequate and provides enough protection to ensure that the typical minimum background sound level 22dB (LA90 15min) is not breached from the operation of the plant. This assessment must be submitted to the planning authority within 3 months from the Operational commencement of the AD unit.
A copy of the findings from the assessment and all recorded data and audio files obtained as part of the assessment shall be provided to the Local Planning Authority (in electronic form) within 28 days of completion of the analysis.
Where the assessment information confirms that the noise levels from the operation of the plant are above the typical minimum background sound level 22dB (LA90 15min) within any amenity areas 3.5m from the façade of any noise sensitive properties, the operator shall carry out works to mitigate such effects to comply with the noise condition, details of which shall have first been submitted in writing and approved in writing by the local Authority.
The assessment and any such noise mitigation works shall be completed within 6 months from the date of notification and be so retained. The date of notification is the date the operator is informed in writing by the Local Planning Authority detailing the inadequate screening.
16. The emergency flare stack shall not be operated for maintenance or for testing purpose except between 0700 and 1700 hours on any day (not including Bank Holidays)
17. Heavy and light Goods vehicles along with plant under the control of the operators which deliver waste, remove digestate or biofertiliser or operate at the site shall only use non-intrusive broadband (white noise) vehicle noise alarms and/or reversing cameras. On such vehicles, there shall be no use of single or multi-pitch reversing bleepers.
18. Written notification confirming the cessation of operations is to be given to the Local Planning Authority 3 month prior to the cessation of the use of the Anaerobic Digester plant hereby approved.
19. On the cessation of the use of the Anaerobic Digester plant hereby approved, the site shall be cleared of all buildings and structures, hardstandings bunds and any wastes within a period of six months from the date of cessation. After removal of the above, the surface of the site shall be regraded and be covered with topsoil to a depth of 500mm within a period of three months. The site shall then be planted in accordance with details to be agreed in writing by the LPA
20 Notwithstanding the submitted details, within 1 month from the date of the grant of planning permission, details of an earth bund to enclose the western and southern sides of the site together with a landscaping scheme shall be submitted to and agreed in writing by the Local Planning Authority. The bund shall be provided in accordance with the agreed details prior to the development becoming first operational and the landscaping scheme shall be completed in accordance with the agreed details within the first planting season following the development becoming first operational. Once provided the bund and landscaping scheme shall be so retained. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
21 The visibility splay at the site entrance shall be provided and laid out in accordance with plan 13425/T03 within 1 month of the date of this permission with no obstructions within the visibility area over 1m above the adjacent carriageway level. It shall thereafter be so maintained for that purpose.
REASONS FOR CONDITIONS
1. In order to establish a legal commencement date for the development to enable the development to be monitored by the Local Planning Authority.
2. For the avoidance of doubt and in the interests of proper planning.
3. No development shall begin until details of the colour and finish of the building materials to be used (including the digester dome) has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with these details.
4. To safeguard the amenities of the area and occupiers of nearby buildings in accordance with DM2.
5. In the interest of highway safety and to ensure that adequate passing facilities are available for vehicles attracted to the site in accordance with DM2 and DM22 of the Local Plan Part 3 (Development Management Policies).
6. To ensure, in accordance with paragraph 141 of the National Planning Policy Framework (2012) and the supporting text in paragraph 5.3 of the Mid Devon Local Plan Part 3: Development Management Policy DM27 (2013), that an appropriate record is made of archaeological evidence that may be affected by the development
7. To ensure adequate facilities are provided for the disposal of surface water from the development in accordance with policies DM2, DM22 and DM27 of the local Plan Part 3 (Development Management Policies).
8. To reduce odour levels within the site and to prevent pollution of the water environment in accordance with policy DM7 of Local Plan Part 3 (Development Management Policies)
9. In the interest of the visual amenity of the area and to protect the setting of the Grand Western Canal in accordance with policies DM2, DM22 and DM27 of the Local Plan Part 3 (Development Management Policies).
10. The application has been considered as a site accepting these feedstock types only and not as a general waste facility and consideration of the impacts on the environment, neighbouring residents and the road network has been made on this basis and in order to accord with policies DM5 and DM22 of the Local Plan Part 3 (Development Management Policies).
11. To protect the rural character of the area in accordance with policies COR2 of the Mid Devon Core Strategy (LP1) and DM5, DM22 and DM27 of the Local Plan Part 3 (Development Management Policies).
12. To prevent pollution of the water environment in accordance with policy DM7 of Local Plan Part 3 (Development Management Policies).
13 To ensure the archaeological works are completed prior to the planting of the screening to minimise disturbance to the planting scheme and to provide further screening for the site and assist with reducing any potential noise.
14 To minimise the potential for pollution and disturbance to local amenity, in accordance with policy DM7 of the Local Plan Part 3
15 To minimise the potential for pollution and disturbance to local amenity, in accordance with policy DM7 of the Local Plan Part 3
16 To minimise the potential for pollution and disturbance to local amenity, in accordance with policy DM7 of the Local Plan Part 3
17 To minimise the potential for pollution and disturbance to local amenity, in accordance with policy DM7 of the Local Plan Part 3
18 To ensure the Local Authority are made aware of the impending cessation of the use to enable proper consideration of the removal of the items on the site.
19 To achieve a satisfactory landscape/restoration
20 Reason: In the interest of the visual amenity of the area in accordance with policies DM2, DM22 of the Local Plan Part 3
21 To provide adequate visibility from and of emerging vehicles
(iv) *Implications report previously circulated, copy attached to minutes.
Supporting documents: