Ward:

Leominster South

In accordance with the criteria for public speaking Mr Eley spoke against the application on behalf of Leominster Town Council and Humber, Stoke Prior and Ford Group Parish Council, and Mr Morgan 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 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 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. 

 

The Team Leader (Minerals and Waste) reported a further monitoring report from the Parish Council and said that the application states that the company needed a 4 year planning permission in order to put in the necessary resources that would help to resolve the odour issues and to obtain the necessary licensing from the Environment Agency.  The conditions that could be attached to the permission would also enable the officers to monitor and exercise greater control over the plant.  He explained why it would not be reasonable to grant further temporary permission or a permission for less than 4 years.  He suggested that a further condition should be added in respect of the primary compost vessel and that condition 8 should state 2005.

 

RESOLVED:            That planning permission be granted subject to the following conditions:

 

1 -     The use hereby permitted shall cease on 31st December 2008, and no material whatsoever shall be processed through any part of the development hereby permitted whatsoever after that date.

 

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 30^th November 2008 a scheme of work shall be submitted to the Local Planning Authority for their approval in advance in writing for the removal 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, and any other structures, works, equipment or materials on site in connection with the development hereby permitted, from the application site before 30th June 2009, 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 30th June 2009.

 

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

 

3 -     Not more than 12,000 tonnes of material shall be composted at 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, and because any longer use may have adverse environmental effects which would require further consideration.

 

4 -     Not later than 6th April 2005 a covered conveyor shall be constructed on site in accordance with drawing no. 488/03 rev B (May 04) in such a way as to ensure that no odour escapes from it during its use.

 

         Reason:  In order to protect the amenities of local people and visitors to the area.

 

5 -     After 6th April 2005 no composting or composted materials shall be transported between buildings 4 and 1 as shown on plan no. 488/03 rev B (May 04) other than by means of covered conveyor.

 

         Reason:  In order to protect the amenities of local people and visitors to the area.

6 -     E02 (Restriction on hours of delivery )

 

         Reason: To safeguard the amenities of the locality.

 

7 -     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.

 

8 -     Not later than 1st October 2005 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.

 

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

 

         Reason: To prevent pollution of the water          environment.

 

10 -   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.

 

11 -   F32 (Details of floodlighting/external lighting )

 

         Reason: To safeguard local amenities.

 

12 -   F34 (Restriction on level of illuminance of floodlighting (sports grounds))  (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.

 

13 -   F40 (No burning of material/substances )

No materials or substances shall be incinerated within the application site.

 

         Reason: To safeguard residential amenity and prevent          pollution.

 

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

 

         Reason: To protect the appearance of the locality.

 

15 -   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.

 

16 -   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.

 

17 -   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.

 

18 -   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.

 

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

 

         Reason:  To protect the interests of residential amenity.

 

20 -   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.

 

21 -   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.

 

22 -   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.

 

23 -   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.

 

25 -   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 2005.  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.

 

26 -   Not later than 6 April 2005 the primary composting vessel (the main processing vessel as described in the annex to application NC03 1895/N reviewed on 1 July 2003) shall be replaced and the original shall not be used again unless the Local Planning Authority has given it approval in advance in writing.

 

Reason:  In recognition of the need to replace the original pilot processing vessel in order to protect the amenities of local people and visitors to the area.

 

         Informative:

 

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