Agenda item


Installation of combined heat and power unit and green storage container. Retrospective.


The application was approved in accordance with the Case Officer’s recommendation.


The Principal Planning Officer gave the presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheets and appended to these minutes.


In accordance with the criteria the public speaking Mr R Palgrave, local resident, spoke in objection to the application and Mr N Green, the applicant, spoke in support.


In accordance with the council's constitution the local ward member spoke on the application. In summary he explained that the site and its history was complex. The Environment Agency and planning enforcement had been involved on the site with respect to noise and odour issues. The noise that was produced by the combined heat and power unit unreasonably affected residential amenity and provided a reason for refusal of the application. The impact of the site on the water quality in the River Wye was questioned. It was queried whether the wall on the site was lawful or in accordance with previous permissions. It was noted that a number of Local residents and the parish council opposed the application.


Councillor Barry Durkin declared an other interest as a member of the Wye Valley AONB.


Councillor John Hardwick declared an other interest as a member of the Wye Valley AONB.


The committee discussed the application.


A motion that the application be deferred was moved. The motion was later withdrawn following the withdrawal of the seconder.


The local ward member was given the opportunity to close the debate. He explained that the planting on site as mitigation had been a cause of concern for the Landscape officer.


A motion that the application be approved was moved and was carried.

Resolved – That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:


Development in accordance with approved plans.




At no time shall more than one CHP unit be in operation and discharging any air emissions within the Much Fawley Farm holding without the prior written approval of the local planning authority.


Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6 and LD2.



Should the Anaerobic Digester Plant on site cease to be permanently in operation, the CHP unit and storage container hereby permitted shall be removed permanently from the site.


Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the authorised Anaerobic Digester Plant on site and Policies SD1 and SD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.



The CHP hereby approved shall not be used until the timber panel barrier which forms the noise mitigation has been installed in accordance with the details outlined within the Acoustic Note NO1a dated 11th March 2021. Photographic evidence with confirmation of the date if installation shall be submitted and confirmed in writing by to the Local Planning Authority. The approved timber panel barrier and concrete wall as detailed on plan NO1a dated 11th March 2021 shall be retained and maintained for the duration of the authorised use of the CHP.


Reason: To development requires the retention on the timber panel barrier and concrete wall to ensure that the amenity of the area with regards to noise is safeguarded and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and National Planning Policy Framework.









The landscaping scheme as shown on approved Landscape Plan 050-210 rev B shall be completed no later than the first planting season following the date of the decision. A planting zone of minimum 2-2.5m shall be provided, with trees planted at minimum 2.5m from the base of the concrete wall. The landscaping shall be maintained for a period of 10 years in accordance with the details outlined within the Landscape Maintenance and Management Plan by Steele Landscape Design dated November 2021. During this time, any trees, shrubs or other plants which are removed, die or which are seriously damaged shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.


In addition no later than the 1st April in each of the 5 calendar years following the first planting of the hedgerow and trees as shown on plan 050-210 rev B, the operator  of the AD plant shall submit to the Local Planning Authority a written statement detailing:


a) The number, location and species of plants, shrubs and trees which have been planted, in the preceding 12 months;

b) The number, location and species of plants, shrubs and trees which have died, become diseased or seriously damaged in the preceding 12 month; and

c) Proposals for the replanting and maintenance of any such failures with plants of similar size and species within the following 6 months.


Reason: In order to maintain the visual amenities of the area and to confirm with policy LD1 of the Herefordshire local Plan – Core Strategy and the National Planning Policy Framework






The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

(There was an adjournment at 12:30. The meeting reconvened at 12:41.)


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