Agenda item

DCNC2008/2165/N - THE HORTONS, THORNBURY, BROMYARD, HEREFORDSHIRE, HR7 4NF.

Change of use of agricultural land to industrial erection of effluent treatment plant, access road and office/control building.

Minutes:

Change of use of agricultural land to industrial erection of effluent treatment plant, access road and office/control building.

 

The Principal Planning Officer advised that a response from Bromyard Town Council had been received and after some discussion, the Town Council had resolved to support the application

 

Following a question raised by an objector, the applicant confirmed by email that the calculation of waste quantities to be treated per year would be: 253 working days @ 23 cubic metres per day = 5819 cu m per year. This was a correction to the figure given in the original submission. It would not affect the proposal to treat 23 cubic metres per working day.

 

In accordance with the criteria for public speaking, Mr Newitt spoke in objection to the application and Mr Parry, the applicant’s agent, spoke in support.

 

Councillor TW Hunt, the Local Ward Member, said that very few objections had been received in respect of the application. Thornbury Group Parish Council had voted to support the development and Bromyard Town Council had been consulted. He added that similar schemes proved not to be odorous and suggested that the application be approved. He complimented the officer for such a comprehensive report especially considering that 26 policies had to be considered.

 

Councillor A Seldon said that the proposed facility fell in to a very highly regulated area of waste disposal and so concurred with the views of the Local Ward Member.

 

In response to a number on questions relating to transport and access arrangements, the Principal Planning Officer reported that there would be two tanker trips per day unless an emergency trip was needed. She said that the Council’s Transport Manager raised no objections to the scheme and that the majority of waste for disposal would be locally produced.

 

RESOLVED

 

That planning permission be granted subject to the following conditions

 

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          B01 (Development in accordance with the approved plans)

 

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

Pre-commencement requirements

 

3          C01 (Samples of external materials)

 

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

 

4          No development shall commence until details of the proposed means of final discharge have been submitted to and agreed in writing by the local planning authority.  The details shall be implemented as approved and include the following in particular:

 

i)          A method statement as to the construction of the pipeline;

ii)         A plan showing the precise route of the pipeline;

iii)        A large-scale diagram of the headwall arrangements, control mechanisms and pipe;

iv)        An estimate of the quantity of any waste soils arising from the works and the means of disposal of such materials.

 

Reason: To ensure a satisfactory form of development and safeguard the amenity of the area in accordance with policies S1, S2, DR4 and DR6 of the Herefordshire Unitary Development Plan 2007.

 

5          G10 (Landscaping scheme)

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

6          G11 (Landscaping scheme - implementation)

 

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

7          No development shall take place until a scheme for the translocation and extension of the section of hedge adjoining the highway, as indicated on the submitted plan date stamped 23 Oct 2008, has been submitted to and approved in writing the local planning authority.  The scheme shall be implemented as approved and include in particular:

 

i)          An evaluation of the existing hedge by an appropriate qualified person

ii)         Method statement for the translocation process

iii)        Details of additional planting to extend the length of the hedge and fill any gaps, inlcuding species, numbers, sizes and location

iv)        Aftercare and maintenance of the translocated and replanted hedge, including provision for replace any plants that die

v)         Timescales for each phase

 

Reason: In order to maintain the visual amenity of the area and to comply with Policy LA5 & LA6 of Herefordshire Unitary Development Plan.

 

8          I33 (External lighting)

 

Reason: To safeguard the character and amenities of the area and to comply with Policy DR14 of Herefordshire Unitary Development Plan.

 

9          I09 (Sound insulation of plant and machinery)

 

Reason: To safeguard the amenity of the area and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

10        G04 (Protection of trees/hedgerows that are to be retained)

 

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

11        H06 (Vehicular access construction)

 

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 OF THE Herefordshire Unitary Development Plan.

 

12        H13 (Access, turning area and parking)

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan.

 

Restrictions

 

13        H05 (Access gates)

 

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

14        G02 (Retention of trees and hedgerows)

 

Reason: To safeguard the amenity of the area and to ensure that the development  conforms with Policy DR1 of Herefordshire Unitary Development Plan.

 

15        Notwithstanding the submitted plans, no development shall take place within 10 metres of any established hedgerow or tree except such as is necessary to alter the access where it joins the public highway in accordance with the requirement of this permission, unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To safeguard the existing hedgerow and trees, protect the amenity of the area and ensure the development conforms with policies DR1 and LA5 of the Herefordshire Unitary Development Plan 2007.

 

16        F06 (Restriction on Use)

 

Reason: The local planning authority wish to control the specific use of the  land/premises, in the interest of local amenity and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

 

17        F02 (Restriction on hours of delivery)

 

Reason: To safeguard the amenities of the locality and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

18        Prior to being discharged into any watercourse or soakaway system, all surface water drainage from parking areas and associated hardstandings shall be passed through trapped gullies with an overall capacity compatible with the site being drained unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To prevent pollution of the water environment and to comply with  policies SR2, DR4 and DR6 of the Herefordshire Unitary Development Plan 2007.

 

19        F14 – Removal of permitted development rights

 

Notwithstanding the provisions of paragraph 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Schedule 2, shall be carried out.

 
Reason: To safeguard the amenity of the area, because any other development on the site would require further consideration by the local planning authority, and to comply with policies S1, S2, DR1 and DR4 of the Herefordshire Unitary Development Plan 2007.

 

20        In connection with the development hereby permitted, no excavated materials  shall be removed from the applicant's landholding unless otherwise agreed in  writing in advance by the local planning authority.

 

Reason: In order to minimise waste and ensure a satisfactory form of  development securing the sustainable use of natural resources, in accordance  with policies S1, S10, S11 and DR11 of the Herefordshire Unitary Development  Plan 2007.

 

Informatives

 

1          Any discharge to controlled waters requires discharge consent under the Water Resources Act 1991.

 

2          To ensure the development is capable of complying with a Consent to Discharge granted by the Environment Agency in accordance with DETR Circular 03/99, no development should begin until the applicants, their assignees or successors have secured a legal agreement with the adjoining landowner for an easement or licence to install, maintain and utilise a discharge pipe and any necessary associated equipment to an agreed discharge point on a suitable watercourse.

 

3          Developers should incorporate pollution prevention measure to protect ground and surface water.  A range of advice is available including Pollution Prevention Guidance Notes (PPGN) targeted at specific activities and can be accessed at http://www.environment-agency.gov.uk/business/444251/444731/ppg/

 

4          Any waste produced as part of this development must be disposed of in accordance with all relevant waste management and environmental legislation.  Where possible, the production of waste from the development should be minimised and options for the re-used or recycling of any waste produced should be utilised.

 

5          If it is proposed to import any waste material to the site for use in the construction of the development (e.g. in the construction of hardstandings or access tracks etc) an Environmental Permit (or Exemption from such) may be required.  Please telephone 08708 506506 for further information if necessary.

 

6          All earthmoving and excavations should be undertaken in accordance with Defra soil-handling guidance, available at www.defra.gov.uk

 

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

 

8          N19 - Avoidance of doubt - Approved Plans

 

Supporting documents: