For:      Mr B Davies per Mr Day, Sanderum Centre, Oakley Road, Chinnor, Oxfordshire, OX39 4TW.

 

Ward:            Pembridge & Lyonshall with Titley

The Senior Planning Officer said that the Head of Environmental Health and Trading Standards had requested an additional condition about noise attenuation to cover areas not controlled by a PPC permit.  The Committee was agreeable to this request.

Councillor RJ Phillips the Local Ward Member said that the public meeting held about the application in June had been particularly helpful to explain details of the application for the benefit of local residents and the parish council.  He felt that the applicants had made strenuous efforts to ensure that the application met the Council’s policies and conditions about noise control, pollution control, bio-diversity and sustainability.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1 -        A01 (Time limit for commencement (full permission)) (5 years – Special Circumstances)

 

                 Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2 -        B01 (Samples of external materials)

 

            Reason: To ensure that the materials harmonise with the surroundings.

 

3 -        No combustor unit or other energy-generating equipment shall be installed at the site other than that specified in sections 4, 5 and 6 (pp 10-16) of the submitted 'Description of the project' dated April 2007.

 

                 Reason:  Because any other type of such equipment would require further consideration by the local planning authority.

 

4 -        No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

 

a)         A 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice.

 

b)         If the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature, extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors.

 

c)         If the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed.  The Remediation Scheme shall include consideration of proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

 

                 Reason:  To ensure any potential soil contamination is satisfactorily dealt with before the development takes place, in accordance with HUDP policies DR4 and DR10.

 

5 -        On completion of the remediation scheme specified in condition 4, the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied.  Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

 

                 Reason:  To ensure any potential soil contamination is satisfactory dealt with before the development takes place, in accordance with HUDP policies DR4 and DR10.

 

6 -        No development shall take place until a Site Waste Management Plan for the construction phases has been implemented in accordance with details which have first been submitted to and approved in writing by the local planning authority.  (Please see informative note 1).

 

                 Reason:  In the interests of pollution prevention and waste minimisation and management, in accordance with the Waste Hierarchy and HUDP policies S10, W11 and DR4.

 

7 -        No development shall take place until a method statement detailing proposed wildlife habitat management including post-development aftercare has been submitted to and approved in writing by the local planning authority.  The recommendations for nesting birds and habitat enhancement outlined in section 4 of the submitted Ecological Report should be followed and the method statement should include an extended Phase 1 survey of the whole site and identify those areas where no development shall take place, which should include the quarry face.  The method statement should be implemented as approved unless otherwise agreed in writing in advance with the local planning authority.  (Please see informative note 2).

 

                 Reason:  To ensure compliance with protected species legislation, to conserve and protect scarce and protected habitats and to maintain foraging areas for protected species, to comply with HUDP policies NC1, NC5, NC6, NC7, NC8 and NC9.

 

8 -        No development shall take place until a scheme for the provision and implementation of a surface water regulation system, including the use of Sustainable Urban Drainage Systems as described in the submitted Flood Risk Assessment dated April 2007, has been submitted to and approved in writing by the local planning authority.  Surface water generated from the site shall be limited to the equivalent Greenfield runoff rate for the site (10 litres/sec/ha).  The scheme shall be implemented in accordance with the approved details unless otherwise agreed in writing in advance with the local planning authority in consultation with the Environment Agency.

 

                 Reason:  To prevent increasing any risk of flooding and provide water quality benefits by ensuring a satisfactory means of surface water disposal, and to comply with HUDP policies DR6 and DR7.

 

9.                  F06 (restriction on noise levels)

 

Reason:  to protect the amenities of nearby properties.

 

10 -                  G04 (Landscaping scheme (general)) (in accordance with HUDP policies LA2, LA5 and LA6).

 

            Reason: In order to protect the visual amenities of the area.

 

11 -         G05 (Implementation of landscaping scheme (general))

 

            Reason:  In order to protect the visual amenities of the area.

 

12 -                  F16 (Restriction of hours during construction)( Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays) and to comply with HUDP policy DR13.

       

            Reason: To protect the amenity of local residents.

 

13 -         F41 (No burning of materials/substances during construction phase )

 

                 Reason: To safeguard residential amenity and prevent pollution and ensure compliance with HUDP policies DR4 and DR9.

 

14 -         E10 (Use restricted to biomass energy generation and agriculture)

 

                 Reason: For the avoidance of doubt and to suspend the provisions of the Town and Country Planning (Use Classes) Order currently in force, in order to safeguard the amenity of the area and because any other use could have adverse environmental effects requiring further consideration by the local planning authority.

 

15 -                  No waste, chicken litter, biomass, forestry waste, dry wood pellets or other feedstock/fuel materials shall be stored or stockpiled outside the proposed building unless otherwise agreed in writing in advance by the local planning authority.

 

                 Reason:  To protect the amenity of the local area and prevent any pollution or nuisance on the overall site, in accordance with HUDP policies S2 DR4 and DR9.

 

16 -                  No wastes or waste materials other than those specified in this application shall be received at the application site unless otherwise agreed in writing in advance by the local planning authority.

 

                 Reason:  To prevent any pollution or nuisance on the overall site, in accordance with HUDP policies S2, DR4 and DR9 and because any other type of waste materials could raise environmental and amenity issues that would require further consideration by the local planning authority.

 

17 -                  E02 (Restriction on hours of delivery) of [07.00  to 18.00] Mondays to Fridays and [07.00  to 13.00] on Saturdays nor at any time on Sundays, Bank or Public Holidays.

 

                 Reason: To safeguard the amenity of the area in accordance with the HUDP policies DR9 and DR13.

 

18 -                  All materials brought into or out from the site shall be transported in securely covered or enclosed vehicles.

 

                 Reason:  In the interests or road safety and to prevent pollution or nuisance in accordance with Hereford Unitary Development Plan policies S2 and DR4.

 

19 -         F40 (No burning  on site other than within the plant hereby permitted)

 

                 Reason: To safeguard residential amenity and prevent pollution in accordance with HUDP policy DR9.

 

20 -         F22 (No surface water to public sewer)

 

                 Reason: To safeguard the public sewerage system and reduce the risk of surcharge flooding in accordance with the HUDP policy DR6.

 

21 -         F28 (No discharge of foul/contaminated drainage)

 

                 Reason: To prevent pollution of the water environment, and to comply with HUDP policy DR6.

 

22 -      The site shall not be used for any retail sales.

 

                 Reason:  In the interests of road safety and the amenity of the area and to prevent development that would be contrary to development plan policies.

 

23 -         F32 (Details of external lighting)

 

                 Reason: To safeguard local amenities and to comply with the HUDP policy DR14.

 

24 -                  In connection with the development approved by this permission, all buildings shall be kept in good decorative order and all plant, machinery and equipment shall be maintained in accordance with manufacturers' specifications.

 

                 Reason:  In the interests of the amenity of the area and to ensure a satisfactory form of development.

 

25 -      In the event of the cessation of the operations hereby permitted for a period exceeding 12 months, all plant, equipment and machinery shall be removed within a further 6 months unless otherwise agreed in writing, by the local planning authority.

 

                 Reason:  To ensure the timely removal of redundant equipment in the event that operations permanently cease.

 

Informatives:

 

1 -        In connection with condition 6 above, advice on Site Waste Management Plans is freely available on www. netregs.gov.uk, www.envirowise.gov.uk, or www.wrap.org.uk.  The plan should include in particular:

 

a)                                 The appointment of a person in charge;

b)                                How construction waste will be segregated and managed;

c)                     Proposals for re-using, recovering and recycling materials and equipment wherever possible;

d)                                Measures for procurement efficiency;

e)                     Details of a secure compound for materials and equipment, including proposals for the protection of this area and its access from compaction, and its restoration on completion;

f)                                 How the plan will be implemented.

 

2 -        The biodiversity method statement required by condition 7 shall include details of:

 

            - Results of the extended Phase 1 ecological survey;

         - Pools and shallow scrapes to be created and maintained in the interests of biodiversity enhancement;

         - Retention of the poor-nutrient soil currently present on site, and the minimisation of importing topsoil;

            - Provision for bat roosting and bird nesting including provision for swallows;

         - Plans showing identified areas that will be protected from development, including measures to protect the existing quarry face from damage;

            - Retention of stone and log piles already on site;

         - Measures for ensuring continued monitoring and maintenance of all the above.

 

                 Further advice and assistance is available from the Council's Ecology section, contactable on 01432 383507 or 10432 260150.

 

3 -        HN01 - Mud on highway

 

4 -        In the interests of road safety and visibility you are advised to keep vegetation at the site access well trimmed.

 

5 -        The Highway Authority reserves the right to take action to open up the legal route of the public footpath at any time, and the applicant should note that the footpath could be diverted using the provisions of S119 of the Highways Act 1980.  More information on path diversion orders is available from the Public Rights of Way office on 01432 261721.

 

6 -        N15 - Reason(s) for the Grant of PP/LBC/CAC

 

7 -        For the avoidance of any doubt the plans for the development hereby approved are as follows:-