For: Universal Beverages per Cartledge Meller Ltd, Lockington Hall, Lockington, Derby DE74 2RH

 

Wards: County-wide

The Principal Planning Officer presented the following updates:-

 

A further letter has been received from a local resident expressing concern as to the works that have commenced upon site.

 

Severn Trent Water object to the proposed development. They have confirmed the Ledbury Sewage Treatment Works does not have the capacity to allow the applicant to discharge 1,500 cubic metres per day at a maximum discharge rate of 20 litres per second.

 

The Environment Agency continues to object to the proposed development. The issue as to the disposal of waste water effluent has not been satisfactorily addressed. This is a material planning consideration (Reference: - PPS23 and Circular 3/99). The Agency also require the issues of Water Supply, Flood Risk / Surface Water and Contaminated Land to be addressed further.

 

Welsh Water object to the proposed development as the area has water supply problems for which no improvements are planned in their Capital Investment Programme. Any increased demand will exacerbate the situation and adversely affect their service to existing customers. They state that it may be possible for the developer to fund the accelerated provision of essential improvements by way of a formal requisition under Sections 40 –41 of the Water Industry Act 1991.

 

The Planning Ecologist states: -

 

“I have received the Extended Phase I Habitat Survey report by Enviros Consulting Ltd. dated April 2008 and have discussed the findings with the consultants by telephone and at a site meeting. I have since received the updated survey information for reptiles and great crested newts and the accompanying Habitat Management Scheme.

 

I am satisfied with the level of survey effort, and note that reptiles were found to be present on the bank adjacent to the Water Treatment works, along with a single, immature great crested newt. Further surveys for great crested newts have established that they are present in the pond at Fairtree Farm, adjacent to Little Marcle Road, and not in water bodies on the proposed development site. I have recommended that Natural England be consulted on the proposed mitigation strategy to ensure that the relevant legislation is complied with. The location of any newt-proof fencing will also need to be agreed with NE. Further clarification is required as to the location of new habitat for reptiles, and a translocation methodology as the population will effectively be isolated post-development.

 

If planning permission is to be approved, I recommend the inclusion of conditions.”

 

Natural England does not object to the proposed development subject to conditions.

 

The view of the officers was that the works that had commenced on site were primarily related to permitted development or the planning permissions that had previously been granted. Other works were limited to initial ground works. The extent of unauthorised works was not considered to be serious enough to warrant enforcement action.

 

The Principal Planning Officer said that he wished to make the following changes to the report:-

 

(i)         add the following to the list of relevant Development Plan policies in para. 2.2: -

 

S10 – Waste

T6 – Walking

NC1 – Biodiversity & Development

NC5 – European and nationally protected species

NC6 – Biodiversity Action Plan priority habitats and species

NC7 – Compensation for loss of bio-diversity

NC8 – Habitat creation, restoration and enhancement

NC9 – Management of features of landscape important for fauna and flora

 

(ii)     amend paragraph 4.10 of the report to read: -

 

“ The Minerals and Waste Officer has no objections, subject to appropriate conditions to ensure the minimisation and control of construction and operational waste to the satisfaction of the Environment Agency”.

 

(iii)    add the following paragraphs following paragraph 6.15: -

 

“Waste

 

Recent Defra requirements require significant projects to include a Site management Plan to reduce construction waste, encourage recycling, and avoid mixed waste going to landfill. The applicant has agreed to undertake this in accordance with policies S1 and W11 of the Unitary Development Plan.

 

Operational waste, both liquid and solid, would require appropriate control subject to Environment Agency licensing and permitting to prevent pollution. The Agency would regulate this. There are existing arrangements on site, including storage tanks, effluent plant and settlement pond. The proposal would utilise these with appropriate enhancement to the Environment Agency’s requirements. Pre-treated waste water would either be discharged to a water course (subject to the Environment Agency’s consent) or to the Sewage Treatment Works (subject to Severn Trent Water consent) and solid waste would be dealt with in a variety of ways. The pomace is sold for animal feed. Other solid waste from the process is debris from the harvest (i.e. soil and vegetable matter / leaves etc), which is transported with the apples. This waste is extracted by centrifuge and returned to the farms. All other solid waste (e.g. glass, cardboard, plastics) is recycled. Any significant changes to waste treatment arrangements would need to be considered separately.”

 

 

In accordance with the criteria for public speaking Mr Hepworth of Universal Beverages Ledbury spoke in favour of his application.

 

Councillor AJM Blackshaw spoke in support of the application in his capacity as Cabinet Member (Economic Development and Community Services) and Councillor K Swinburne 

Spoke in support in her capacity as Local Ward Member.

 

The Committee discussed the merits of the application and noted the planning aspects, environmental issues and employment matters involved.  The Principal Planning Officer answered a number of questions about the proposals and suggested that further conditions should be added if approval was granted, arising from his additional investigation and the information arising since the report had been prepared.  He also outlined the voluntary routing agreement and the travel plan which had been developed with the applicants to minimise the impact on local residents and confine heavy vehicles to main roads. In answer to a question from Councillor RI Matthews, the head of Planning Services said that a condition could not be imposed requiring the applicants to provide a collection point for apple suppliers in the north and west of the County, but that they would be requested to do so.

 

Having considered all the aspects of the application, the Committee considered that approval should be granted with the additional conditions recommended by the Principal Planning Officer.

RESOLVED

That subject to the Environment Agency, Severn Trent Water and Welsh Water withdrawing their objections, the Head of Planning Services be authorised to grant full planning permission in consultation with the Chairman and the Local Ward Members, subject to the following conditions and any other conditions recommended by the Environment Agency, Severn Trent Water and Welsh Water he considers to be reasonable: -

 

1       A01 (Time limit for commencement (full permission) )

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

 

2       Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:

 

·      A written schedule of all external materials and their colour with regard the buildings (including external tanks). 

·      Written details of all surfacing materials in relation to the vehicular means of access, turning/manoeuvring areas and motor vehicle parking areas

 

         The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter maintained as such;

 

         Reason: To ensure a satisfactory appearance to the development in the landscape and to safeguard the setting of the listed Fairtree Farm.

 

3    Development shall not commence until an Order has been made to allow the existing public right of way (i.e. the bridleway) crossing the site to be diverted or stopped up;

 

         Reason: To ensure the public right of way is not obstructed.

 

4       The Travel Plan Report from Sanderson Associates (Consulting Engineers) Ltd received 9th April 2008 shall be fully implemented;

 

         Reason: To encourage the use of modes of transport other than the private motor vehicle.

 

5       Prior to the first use of the development hereby permitted the motor vehicle parking, turning and manoeuvring areas and secure cycle parking facilities (i.e. drawing number 249.0803. (00) 31 Rev 2 received 28th April 2008) shall be fully implemented. Thereafter these areas shall be kept available for such use:

 

         Reason: In the interests of highway safety and to encourage the use of modes of transport other than the private motor vehicle;

 

6       Prior to the first use of the development hereby permitted the new vehicular means of access and roadway including visibility splays of 4.5 metres x 120 metres in both directions shall be provided. The visibility splays shall be maintained free of obstruction above a height of 0.9 metre from existing ground level;

 

         Reason: In the interests of highway safety.

 

7       Prior to the first use of the development hereby permitted that part of the existing culvert shown upon drawing number 2008-007-01-06 Revision B received 14th April 2008 to be "opened-up" shall be with a new drainage ditch.

 

         Reason: - In the interests of bio-diversity/ecology.

 

8       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 and extent and severity of contamination, incorporating a conceptual model of all 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 deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval;

 

         Reason: In the interests of human health and to prevent pollution of controlled waters.

 

9       The Remediation Scheme, as approved pursuant to condition 8) above shall be fully implemented prior to the first use of the development. On completion of the remediation scheme 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 used. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority.

 

         Reason: In the interests of human health and to prevent pollution of controlled waters.

 

10     All planting, seeding and turfing in the approved details of landscaping (i.e. drawing number 249.0803. (90) 10 Rev 3 received 6th May 2008) shall be carried out in the first planting and seeding seasons following the first use of the development hereby permitted or the completion of the development (whichever is the sooner). Any trees or plants which within a period of ten years from the first use of the building or completion of the development (whichever is the sooner) 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.

 

         Reason: To ensure that the visual impact of the development hereby permitted is satisfactorily mitigated and is integrated satisfactorily into the landscape.

 

11    Notwithstanding the details shown upon the approved plan, the bund: -

 

·         Shall not exceed 3 metres in height from existing ground level;

·         Shall not have a gradient on its south-eastern face adjacent to the general industrial site exceeding 1:4;

·         Shall not have a gradient on its north-western face adjacent to the countryside exceeding 1:7;

 

         Reason: To ensure that the bund has a satisfactory appearance in the landscape.

 

12     The external lighting hereby permitted shall be installed in full accordance with the approved plan (i.e. drawing number J375/EXLTG/001 received 11th March 2008) in terms of luminaire type, mounting height, direction, tilt angle and wattage; and shall thereafter be maintained in full accordance with the approved details. No further external lighting shall be installed upon the site without the prior written consent of the Local Planning Authority.

 

         Reason: To safeguard the character of the rural area.

 

13     Prior to their erection or within month of their erection all lighting columns hereby permitted shall be painted a Goose Wing Grey Colour (BS10A05) and thereafter maintained as such.

 

         Reason: To ensure a satisfactory appearance to the development.

 

14    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development normally permitted by Class A, Part 2, Schedule 2, Article 3 shall be carried out without the express permission of the Local Planning Authority.

 

         Reason: To ensure that any future fencing, walling or other means of enclosure is appropriate to the rural character of the area.

 

15     Prior to commencement of the development hereby permitted the trees shown upon drawing numbers TP 1045/0802/TPP/01 and 02 to be retained and protected shall be protected by fencing of at least 1.2 metres in height comprising vertical and horizontal framework of scaffolding (well braced to withstand impacts) supporting either chestnut cleft fencing or chain link fencing in accordance with figure 2 on page c13 of BS5837: 2005. This protective fencing shall be erected in the positions shown upon drawing numbers TP 1045/0802/TPP/01 and 02. Once these protective measures have been erected prior to commencement of the development a suitably qualified arboricultural consultant shall inspect the site and write to the Local Planning Authority to confirm that the protective measures are in-situ. Upon confirmation of receipt of that letter by the Local Planning Authority the development may commence but the tree protection measures must remain in-situ until completion of the development.

 

         Reason: To ensure the retention and future health of those trees upon site that are worthy of retention.

 

16     The level of noise emitted from the site from 22.00 to 07.00 shall not exceed 37 dB LAeq, 15mins at 'Redbank' and 'Flights Farm' nor 35 dB LAeq, 15mins at 'Woodlands' as measured at a distance of 3.5m from the facing facade of each property.  All measurements shall be undertaken in accordance with BS4142: 1997.

 

         Reason: To safeguard the amenities of the occupiers of the dwellings known as 'Redbank', 'Flights Farm' and 'Woodland'.

 

17     All construction noise associated with the development hereby permitted that will be audible to nearby residential properties shall be restricted to the hours of 08.00 to 18.00 hours on weekdays, 08.00 to 13.00 hours on Saturdays and shall not be allowed at any time on Sundays, Bank Holidays and Public Holidays. Written approval shall firstly be obtained in writing from Herefordshire Council prior to any works that may be required to be undertaken outside of these times and restrictions.

Reason: To safeguard the amenities of the occupiers of dwellings in    the vicinity.

18.    The development shall be carried out in accordance with the Site Waste Management Plan received 23^rd April 2008;

Reason: - In the interests of pollution prevention and efficient waste minimisation and management;

19.    No waste of any kind shall be treated on site except those wastes generated by the development hereby permitted. No waste substances or materials shall be imported to the site from elsewhere for transfer, treatment or processing unless otherwise agreed in writing in advance by the Local Planning Authority;

Reason: - To prevent pollution and because any additional waste transfer, treatment or processing could have environmental effects which require further consideration by the Local Planning Authority;

20.    Prior to any further development works, a full working method statement and mitigation strategy shall be submitted to the Local Planning Authority, based upon the recommendations set out in the ecologists’ reports submitted in April and May 2008. These shall be implemented as approved by the Local Planning Authority and Natural England;

Reasons: - To ensure great crested newts and their habitat are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)  and policies NC1, NC5, NC6 and NC7 within the UDP.

To ensure the law is not breached with regard to reptiles and nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and policies NC1, NC5, NC6 and NC7 within the UDP.

To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. 

21.    Within six months of the granting of planning permission, a habitat creation and translocation scheme for reptiles shall be submitted to the Local Planning Authority, based upon the recommendations set out in the ecologists’ reports submitted in April and May 2008. This shall be implemented as approved by the Local Planning Authority, and maintained thereafter unless otherwise agreed in writing with the Local Planning Authority;

Reasons: - To ensure great crested newts and their habitat are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)  and policies NC1, NC5, NC6 and NC7 within the UDP.

To ensure the law is not breached with regard to reptiles and nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and policies NC1, NC5, NC6 and NC7 within the UDP.

To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006

 

22.    The recommendations set out in the habitat management scheme submitted to the Local Planning Authority in May 2008 should be followed and shall be implemented as approved within six months of the granting of planning permission, and maintained thereafter unless otherwise agreed in writing with the Local Planning Authority;

Reasons: - To ensure great crested newts and their habitat are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)  and policies NC1, NC5, NC6 and NC7 within the UDP.

To ensure the law is not breached with regard to reptiles and nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and policies NC1, NC5, NC6 and NC7 within the UDP.

To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006

23.    An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work;

Reasons: - To ensure great crested newts and their habitat are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)  and policies NC1, NC5, NC6 and NC7 within the UDP.

To ensure the law is not breached with regard to reptiles and nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and policies NC1, NC5, NC6 and NC7 within the UDP.

To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. 

 

Informatives:

 

1 -   N15 - Reason(s) for the Grant of Planning Permission

 

2              N19 - Avoidance of doubt - Approved Plans