Agenda item

DMCE/092394/N - COURT FARM, HAMPTON BISHOP, HEREFORD, HEREFORDSHIRE, HR1 4JU

On farm anaerobic digester to generate renewable energy.

 

Ward - Backbury

Minutes:

On farm anaerobic digester to generate renewable energy.

 

The Principal Planning Officer Minerals and Waste gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided as follows:

§               A letter of objection had been received from Madeleine Townson of The Lawns, Hampton Bishop, Hereford, HR1 4JY.  The contents of the letter were summarised.

§               A letter had been received from the applicant’s agent which sought to respond to local concerns. The contents of the letter were summarised.

§               Amendments were made to paragraph 6.20 of the report, to include reference to other crops and to read ‘It should be noted that the feedstock would be exclusively generated within the farm holding’.

 

An officer comment was provided as follows:

§               No new issues are raised, and these points have been addressed in the committee report.

 

In accordance with the criteria for public speaking, Mrs. Knipe spoke in objection to the application and Mr. Morphy spoke in support of the application.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JE Pemberton, the local ward member, acknowledged the views of the speakers and paid tribute to the content and quality of the officer’s report.  Key elements of the report were highlighted, including:

·         There was no recorded planning history on the site.

·         There were no objections from statutory or internal council consultees.

·         Hampton Bishop Parish Council supported the proposal.

·         The proposal would minimise the release of methane gas and odorous compounds into the atmosphere.

·         The chosen site was close to existing farm buildings and other infrastructure on an area of unused derelict ground and no other properties were visible from the application site.

·         Small scale plants of this type were not comparable with large municipal sewage treatment works.

·         The Environment Agency would regulate the entire process and had enforcement powers to intervene if the site were not up to standard.

·         The applicant’s proposed to set up a complaints system and site diary and, on this basis, officers accepted that air quality would be adequately monitored and protected in accordance with the Unitary Development Plan policies.

·         The application explained that a minimal amount of gas would be held at any one time and site management, including safety, would fall within the scope of the Environmental Permit.

·         Measures to mitigate light and noise impact were noted.

·         The reduction in the number of HGV movements was welcomed; Councillor Pemberton commented on the damage caused by large farm vehicles to the margins of roadside banks.

·         Offices were satisfied that flood risk factors had been adequately addressed by the application.

·         The site was currently used for the storage of vehicles, scrap metal and other equipment; Councillor Pemberton suggested that these items should be cleared as part of any planning permission granted.

·         An extended Phase 1 Habitat Survey had been undertaken and the findings accepted by both Natural England and the Conservation Officer.

 

Councillor Pemberton advised that the Chairman of the Parish Council had held a public meeting about the application and that the majority of attendees were in favour of the proposal subject to the necessary controls.

 

A number of Members made comments about the proposal, including:

 

w        Conditions in respect of noise mitigation, landscaping, flood evacuation management plan, and the implementation of a complaints system were supported.  The local ward member’s comment about the need for the site to be cleared was also supported.

w        It was noted that elements of the application relied on Environment Agency advice, monitoring and action and a concern was expressed about the lack of an area office in Herefordshire.  It was hoped that work could be undertaken with the applicant and the local community to maximise the benefits of the development.

w        Clarification was sought about the amount of energy to be generated by the anaerobic digester.

w        Subject to no feedstock being imported to the site from outside the landholding, the principle of the development was supported; particularly given the gains in terms of generating renewable energy and limiting greenhouse gases.

 

The Cabinet Member (Environment and Strategic Housing), commenting on general policy issues rather than on this specific proposal, said that the principle of anaerobic digestion to generate energy was supported, with the caveat that fuel should not be grown at the expense of food production.

 

In response to questions by Members, the Principal Planning Officer Minerals and Waste advised that: the electricity produced would go into the national grid; no utility poles were included as part of the application; it was not considered that a Section 106 contribution could be justified in this instance, furthermore the identified benefits of the scheme could be regarded as contributing to the local environment and community; the scheme would reduce stockpiles of animal waste compared to existing farm practices; and a condition was recommended to require details of external finishes to mitigate visual impact.

 

Councillor Pemberton was given the opportunity to close the debate in accordance with the Council’s Constitution; she commented that the community was acutely aware of the need for appropriate flood evacuation management plans.

 

RESOLVED:

 

That the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary

 

1

A01 Time limit for commencement (full permission)

 

2

B01 Development in accordance with the approved plans

 

3

No development shall take place until final specifications for the plant and equipment have been submitted to and approved in writing by the local planning authority.  The details shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure a satisfactory form of development in accordance with Policies S1, S2 and DR1 of the Herefordshire Unitary Development Plan 2007.

 

4

M07 Evacuation management plan

 

5

C10 Details of external finishes and cladding

 

6

G10 Landscaping scheme

 

7

G11 Landscaping scheme - implementation

 

8

G04 Protection of trees/hedgerows that are to be retained

 

9

I55 Site Waste Management

 

10

No development shall take place until a detailed method statement for setting up and maintaining a site diary and complaints system has been submitted to and approved in writing by the local planning authority.  The scheme shall include in particular, details of:

 

i)        A named appointed person having a duty to maintain the diary and complaints record

ii)       Site diary methodology, including the recording of daily farm activities

iii)      Means of receiving and recording any complaints relating to the development hereby permitted

iv)      Permanent location for keeping documentation, and its availability for inspection

v)       Details of action to be taken in the event that a complaint is substantiated

vi)      Provision for monitoring and review of the complaints system

vii)     Timescales for implementation and proposed period for maintaining the record.

 

The scheme shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure that any substantiated complaints would be adequately recorded and promptly addressed, in accordance with Policies S1, S2, DR4 and DR9 of the Herefordshire Unitary Development Plan.

 

11

I33 External lighting

 

12

I09 Sound insulation of plant and machinery

 

13

I16 Restriction of hours during construction

 

14

No materials shall be imported to the site from outside the landholding to be used as feedstock in the development hereby permitted, unless full details of source/s, type/s and quantities have been submitted to in advance and approved in writing by the local planning authority.

 

Reason: Because further consideration by the local planning authority would be necessary, to protect local amenity and ensure a satisfactory form of development in accordance with Policies S1, S2, DR2, DR4 and DR9 of the Herefordshire Unitary Development Plan.

 

15

No vehicles, which are in the control of the applicant and used in connection with the development hereby permitted, shall be fitted with reversing alarms unless those alarms are of a 'white noise' type.

 

Reason: To protect the amenity of local residents and to comply with Policy DR13 of the Herefordshire Unitary Development Plan.

 

16

I26 Interception of surface water run off

 

17

I28 No discharge of foul/contaminated drainage

 

18

I25 Bunding facilities for oils/fuels/chemicals

 

19

I44 No burning of materials/substances during construction phase

 

20

I46 Restriction on height of open air storage

 

21

K4 Nature Conservation - Implementation

 

22

F14 Removal of permitted development rights

 

INFORMATIVES:

 

1

N15 Reason(s) for the Grant of Planning Permission

 

2

N19 Avoidance of doubt - Approved Plans

 

3

N11A Wildlife and Countryside Act 1981 (as amended) - Birds

 

4

N11C General

 

5

The peripheral wildlife habitats required as part of Condition 6 could include small pools, earth banks, stone and/or log piles to attract invertebrates and small mammals.

 

6

HN16 Sky glow

 

7

Developers should incorporate pollution prevention measures to protect ground and surface water.  The Environment Agency has produced a range of guidance notes giving advice on statutory responsibilities and good environmental practice which include Pollution Prevention Guidance Notes (PPGs) targeted at specific activities.  These can be viewed at:

 http@//www.environmentagency.gov.uk/business/topics/pollution/39083/aspx

 

Supporting documents: