Agenda item

DCNW2008/2175/N - LITFIELD HOUSE, LYONSHALL, KINGTON, HEREFORDSHIRE, HR5 3HX.

Erection of building to be used as an animal incinerator, transfer and storage of clinical waste and waste photographic fixer and developer.

Minutes:

Erection of building to be used as an animal incinerator, transfer and storage of clinical waste and waste photographic fixer and developer.

 

The Principal Planning Officer advised that the Local Ward Member had raised some issues. Firstly, he asked whether a landscaping plan as well as a plan for clearing up the site could be included. He also asked whether condition E01 could be imposed limiting the hours of operation of the incinerator.

 

In response to these concerns The Principal Planning Officer said that a condition for landscaping (G10) could be included if considered necessary, but as the site was predominantly hardstanding, this would have little benefit. As a compromise she stated that Condition 5 (G09 - scheme for boundary treatment) would include a requirement for some perimeter planting in consultation with the Senior Landscape Officer. She added that the application was for a building, not for the incinerator so she did not believe it would be possible to restrict its use under this application. She advised that the terms of the operation of the incinerator were regulated by the Environment Agency, who regularly inspected the site.

 

Councillor JW Hope explained that the site had a long, complicated planning history. The decision of the then Leominster Council meant that this authority was unable to impose restrictions on the hours of operation on the site. The current proposal would enable suitable conditions to be imposed. He added that this application had been the subject of some concern from local people.

 

Councillor TW Hunt said that Members were aware, from the recent site visit that the site in question was completely hard standing so a landscaping scheme would not be appropriate in this instance.

 

In response to some concerns from Members about the environmental impact of such a scheme, the Principal Planning Officer said that a brand new incinerator was installed on the site in 2006 and that it conformed to all of the relevant environmental regulations. This unit had a smaller capacity than the previous one at some 49 kg of matter per hour.

 

Members agreed that as it was not possible to change the operational hours of the incinerator, the application should be approved.

 

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.

 

3          C09 (Details of cladding (agricultural and industrial buildings))

 

Reason: To minimise the visual impact of the development and to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

4          No development shall take place until a scheme for the removal and responsible disposal of all redundant storage facilities, cabins and caravans currently existing on the site has been submitted to and approved in writing by the local planning authority.  The scheme shall specify in particular:

 

a) Details of any items to be retained along with the reasons for their retention.

b) That the portable cabin currently sited close to the C1027 road shall be removed.

                        c) A schedule of all the other items to be removed.

d) How and where these items will be disposed of, including any provisions for re-use or recycling.

                        e) Timescales for removal of the specified items

f) Provision for monitoring, review, and final signing-off of the cleared site.

 

Unless otherwise agreed in writing in advance by the local planning authority, the scheme shall be implemented as approved on the completion and first use of the building hereby permitted.

 

Reason: In the interests of visual amenity, to ensure the timely and satisfactory removal of redundant items, and to comply with policies S1, S2, DR1, DR2, and LA4 of the Herefordshire Unitary Development Plan 2007.

 

5          G09 (Details of Boundary treatments)

 

Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policy DR1 of Herefordshire Unitary Development Plan.

 

6          I33 (External lighting)

 

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

 

7          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.

 

8          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 control the further expansion of the building and to ensure compliance with policies S1, S2, DR1 and DR4 of the Herefordshire Unitary Development Plan 2007.

 

9          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.

 

10        All contaminated/wash water from the building and yard shall be discharged exclusively to the existing wash-down pit, with connection to the holding tank fitted with an inspection chamber and alarm, in accordance with drawing no 4224/2 dated 26/07/08, unless otherwise agreed in writing in advance by the local planning authority.  There shall be no discharge of water to any watercourse and roof water shall not be disposed of to the wash-down pit or holding tank.

 

Reason: To prevent pollution of the water environment and to comply with policies S2, DR4 and DR6 of the Herefordshire Unitary Development Plan 2007.

 

11        M13 (Pollution prevention)

 

Reason:  To prevent pollution of the water environment and to comply with Policy DR10 of Herefordshire Unitary Development Plan.

 

12        On completion and first use of the building hereby permitted, no waste whatsoever shall be stored or kept outside the building in connection with the animal incineration, funeral, or waste transfer activities, with the exception of the permitted bunded chemical store, unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure a satisfactory form of development and to protect the amenity of the area in accordance with policies S2, DR2 and DR4 of the Herefordshire Unitary Development Plan 2007.

 

13        All contaminated/wash water from the building and yard shall be discharged exclusively to the existing wash-down pit, with connection to the holding tank fitted with an inspection chamber and alarm, in accordance with drawing no 4224/2 dated 26/07/08, unless otherwise agreed in writing in advance by the local planning authority.  There shall be no discharge of water to any watercourse and roof water shall not be disposed of to the wash-down pit or holding tank.

 

Reason: To prevent pollution of the water environment and to comply with policies S2, DR4 and DR6 of the Herefordshire Unitary Development Plan 2007.

 

Informatives:

 

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

 

2          The applicant must ensure that clean water, e.g. from roofs, is kept separate from dirty water.  It would be acceptable for clean water to be disposed of to storm drains, soakaways, or harvested for re-use.

 

3          The dirty water system must be emptied and disposed of by a suitable licensed contractor; duty of care regulations will apply, and the associated paperwork must be retained for inspection on request.

 

4          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/

 

5          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.

 

6          N15 - Reason(s) for the Grant of Planning Permision

 

7          N19 - Avoidance of doubt - Approved Plans

 

 

 

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