The receipt of five letters of support and one letter of objection was reported.

 

In accordance with the criteria for public speaking Mr Eley spoke against the application on behalf of Leominster Town Council and Humberford and Stoke Prior Parish Council and Mr Helme spoke in favour of the application. 

 

The Sub-Committee discussed the main elements of the application and the problems that had arisen in the past due to odour arising from the composting process at the site.  The steps that had been taken by the applicant to deal with the problems and advice given by the officers in that respect were also noted.  The Sub Committee was also mindful of the need to encourage diversification to help local agriculture and the importance of innovative waste management schemes.

 

Councillor KG Grumbley suggested that consideration of the application should be deferred until the composting process was perfected and odour problems had been resolved.  The Principal Planning Officer (Minerals and Waste) advised that the Council had limited grounds of enforcement if consideration was deferred and that a Waste Management Licence could not be issued by the Environment Agency until planning permission had been granted. 

 

Having further debated the application, the Sub-Committee considered whether permission should be granted for a temporary period and agreed that as the operation had been in place for nearly eighteen months already, a 12 month permission should be granted.  The Minerals and Waste Officer asked for and was given authority to amend the conditions as he thought necessary.

 

RESOLVED:            That planning permission be granted for a 12 month period from the date of this meeting, subject to the following conditions to be amended as thought necessary and any further conditions considered necessary by Officers named in the scheme of Delegation to Officers:

 

1 -     The use hereby permitted shall cease on 1st July 2008 and all of building 1, the high part of building 4 (i.e. that part not permitted under ref. NC1999/2252/F granted 8 March 2000), the scrubber tanks numbered 1, 2, 3, 4 and 5, the enclosed conveyor, two overhead ducts, the structure between building 4 and odour scrubbing unit no. 1, and contents of the bio-filter, and associated  structures and works shown on plans 488/03 Rev B (May 04) and 488/04 Rev B (May 04) and described in Bioganix’s letter of 10 May 2004, shall be removed from the application site before 1st July 2008.

 

         Reason:  In the interests of protecting the long term setting of Wharton Court and the two adjoining listed barns, of protecting the long term amenity of local people and visitors of the area, and because any longer use may have adverse environmental effects which would require further consideration.

 

2 -     Not later than 1st July 2006 a scheme of work shall be submitted to the Local Planning Authority for their approval in advance in writing for the clearance of all of building 1, the high part of building 4 (i.e. that part not permitted under ref. NC1999/2252/F granted 8 March 2000), the scrubber tanks numbered 1, 2, 3, 4 and 5, the enclosed conveyor, two overhead ducts, the structure between building 4 and odour scrubbing unit No. 1, contents of the bio-filter and associated structures and works shown on  plans 488/03 Rev B (May 04) and 488/04 Rev B (May 04) and described in Bioganix’s letter of 10 May 2004, shall be removed from the application site before 1st July 2008, and for the restoration of the site to agriculture and to the condition permitted under ref.  NC1999/2252/F and the approved scheme shall be fully implemented before 1st July 2008.

 

         Reason:  To ensure that the site is cleared and restored in a way which will not adversely affect the setting of Wharton Court, the two adjoining listed barns, the amenities of the local people and visitors to the area or the interests of the River Lugg SSSI/cSAC.

 

3 -   Not more than 12,000 tonnes of material shall be imported into this site in connection with the development hereby permitted during any 12 month period.

         

         Reason:  In the interests of protecting the long term setting of Wharton Court and the two adjoining listed barns, of protecting the amenity of local people and visitors of the area and because any longer use may have adverse environmental effects which would require further consideration.

 

4 -     A12 (Implementation of one permission only )

 

         Reason:  In the interests of protecting the long term setting of Wharton Court and the two adjoining listed barns, of protecting the long term amenity of local people and visitors of the area and because any longer use may have adverse environmental effects which would require further consideration.

 

5 -     E02 (Restriction on hours of delivery )(standard hours)

 

         Reason: To safeguard the amenities of the locality.

 

6 -     E06 (Restriction on Use )(use as a pilot plant for the accelerated composting of organic material until 1^st July 2008)(B2)

 

         Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity.

 

7 -     Not later than 1st October 2004 a scheme for the provision of surface water drainage works and surface water regulation shall be submitted to the Local Planning Authority for their approval in writing.  The approved scheme shall be implemented in full not later than 3 months after its approval in writing.  No other impermeable surfaces draining into the approved system shall be constructed.

 

         Reason:  To prevent the increased risk of flooding.

 

8 -     F25 (Bunding facilities for oils/fuels/chemicals )

 

         Reason: To prevent pollution of the water environment.

 

9 -     F28 (No discharge of foul/contaminated drainage)(standard reasons and to protect the interests of the SSSI/cSAC)

 

         Reason: To prevent pollution of the water environment and to protect the interests of the SSSI/cSAC.

 

10 -      F32 (Details of floodlighting/external lighting )

 

         Reason: To safeguard local amenities.

 

11 -      F34 (Restriction on level of illuminance of floodlighting)(after ‘boundary’ add ‘and in the interests of highway safety’)

 

         Reason: To minimise the impact of the floodlights and to protect the residential amenity of nearby dwellings.

 

12 -      F40 (No burning of material/substances )

 

         Reason: To safeguard residential amenity and prevent pollution.

 

13 -      F42 (Restriction of open storage )(after material add ‘including any material intended for composting’)

 

         Reason: To protect the appearance of the locality and the setting of Wharton Court and the two listed barns and to protect the amenities of local people and visitors to the area.

 

14 -   Not later than 24 hours after any request in writing from the Local Planning Authority the site shall be swept clean of any and all litter or waste material.

 

         Reason:  To protect the appearance of the locality and the setting of Wharton Court and the two listed barns and to protect the amenities of local people and visitors to the area.

 

15 -   Not later than 31 days after any request in writing from the Local Planning Authority, as advised by the Council's Environmental Health Officer, a noise monitoring scheme shall be submitted to the Local Planning Authority for their approval in writing.  The submitted scheme shall include:

 

-          Noise monitoring locations

-          Method and frequency of measurement in accordance with BS4142 1997

-          Presentation of results and their interpretation within 7 days of measurement

         and

-          Procedures to be adopted if noise levels go above 5d BA LAeq above background   levels

 

         Reason:  To protect the amenities of local residents.

 

16 -   All vehicles containing untreated material for composting or treated compost shall be sheeted with a tarpaulin when within the application site area unless wholly within one of the buildings hereby permitted for this use.

 

         Reason:  To protect the amenities of the local residents.

 

17 -   With the exception of the external bio filter the general building structure and ventilation of the development hereby permitted shall be designed to contain fugitive emissions and prevent their escape into the open air.  To achieve this the ventilation system shall be suitable and sufficient to maintain negative air pressure at all times other than when the doors to the process buildings are open.

 

         Reason:  To protect the interests of residential amenity.

 

18 -      All doors shall be kept firmly closed when not in use.

 

         Reason:  To protect the interests of residential amenity.

 

19 -   Not later than 1st July 2005 details of the provision to be made for an owl nesting box within 400 metres of the application site together with details of the timing of its erection shall be submitted to the Local Planning Authority for their agreement in writing.

 

         Reason:  In order not to disturb or deter the nesting or roosting of barn owls.

 

20 -      Not later than 31st August 2005 a scheme to ensure that water voles are not poisoned by the use of vermin control measures on site shall be submitted to the Local Planning Authority for their approval in writing.

 

        Reason:  In order to protect water voles.

 

21 -   Not later than 1st July 2005 a scheme for the erection of a sign reading 'No left turn' to be erected at the junction of the exit road leading to the A49 and the B4361 for the instruction of drivers leaving the site shall be submitted to and approved in writing by the Local Planning Authority and shall implemented in accordance with the approved details not later than 28 days of their approval in writing.

 

         Reason:  To direct traffic onto the primary road network.

 

22 -   Not later than 3 months of any request in writing by the Local Planning Authority as advised by English Nature a scheme for the enhancement of the biological water treatment capacity of the drainage ditches between the application site and the River Lugg shall be submitted for the approval by the Local Planning Authority in writing and the approved scheme shall be implemented in full within 3 months of its approval in writing.

 

         Reason:  In order to protect the nature conservation interests of the River Lugg SSSI/cSAC.

 

23 -   Unless otherwise agreed in writing in advance only enclosed conveyors or pipework shall be used to transport materials between the buildings on site.

 

            Reason: To prevent pollution of the water environment and to protect the interests of the SSSI/cSAC and to protect the amenities of local residents.

 

24 -      A structural and condition survey of Wharton Court and the two Listed Barns shall be undertaken in accordance with the Royal Institute of Chartered Surveyors’ current good practice advice and submitted to the local planning authority for their approval not later than 1^st July 2006.  The submitted survey shall contribute to the understanding of the construction and development of these buildings and identify areas at risk as a basis for ensuring their protection and repair.

 

            Reason:  To safeguard the character, appearance and stability of the three Listed Buildings adjoining the site.

 

The Vice-Chairman, Councillor J Stone assumed the Chair for the following item.