Agenda item

The Committee considered a County Matter planning application under Section 73 of the Town and Country Planning Act 1990 (as amended) for a proposed minor material amendment to planning permission 12/000008/CM, dated 13 July 2012, as revised by Non-Material Amendment approvals, to vary Condition 2 so as to construct two new Anaerobic Digestion (AD) Tanks at Rotherdale Farm, Long Lane, Throckmorton, Worcestershire.

 

The report set out the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

 

The report set out the Head of Strategic Infrastructure and Economy's comments in relation to landscape character and appearance, residential amenity, traffic and highway safety, and other matters – location of the development, ecology and biodiversity, the water environment and economic impact. 

 

The Head of Strategic Infrastructure and Economy concluded that the proposed digestion tanks had been designed to match the existing AD tanks at the site and as such fitted into the wider context of the operating AD facility. Accordingly, the Head of Strategic Infrastructure and Economy considered that, based on the advice of the County Landscape Officer, the proposed development would not have an unacceptable impact upon the character and appearance of the surrounding area, subject to the imposition of conditions as imposed on the extant planning permission.

 

The proposed two new AD tanks would not have any emissions to air and the applicant had confirmed that the tanks would not generate noise emissions. Based on the advice of Worcestershire Regulatory Services and Public Health England, the Head of Strategic Infrastructure and Economy considered that there would be no adverse air pollution, noise, dust or light impacts on residential amenity or that of human health, subject to the imposition of appropriate conditions as imposed on the extant planning permission.

 

Condition 4 of the extant planning permission (Ref: 12/000008/CM) restricted the throughput of the facility to a maximum of 20,000 tonnes per annum of feedstock. The applicant did not propose to increase the throughput of the facility or amend this condition, therefore, subject to the carrying forward of this condition on to any new planning permission, it was considered that the proposal would not have an adverse impact on traffic or highway safety.

 

Taking into account the provisions of the Development Plan and in particular Policies WCS 1, WCS 2, WCS 3, WCS 6, WCS 8, WCS 9, WCS 10, WCS 11, WCS 12, WCS 14, and WCS 15 of the adopted Worcestershire Waste Core Strategy and Policies SWDP1, SWDP2, SWDP4, SWDP6, SWDP12, SWDP21, SWDP22, SWDP24, SWDP25, SWDP27, SWDP28, SWDP29, SWDP30 and SWDP31 of the  adopted South Worcestershire Development Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

In the ensuing debate, the following principal points were raised:

 

·         The proposal to construct extra digesters at the site was welcomed. The application had satisfied environmental impact concerns. In addition, the County Highways Officer had not objected. On this basis the proposal should be supported  

·         It was noted that the concerns of Throckmorton Parish Council had been addressed through conditions. It was requested that the site be monitored to ensure compliance with the conditions

·         What was the basis for digging the foundations of the plant to a depth of 1 metre rather than 2 metres? The representative of the applicant explained that it was not necessary for the foundations to be any deeper for the retention time of the feedstock material in the digester

·         The Environment Agency had made reference to the area around the storage tanks and digester not being fully bunded, would this remain the case? The representative of Head of Strategic Infrastructure and Economy confirmed that the applicant had fully bunded the area.

 

RESOLVED planning permission be granted for the carrying-out of development pursuant to planning permission reference number 12/000008/CM, dated 13 July 2012, as revised by Non-Material Amendment approvals, without complying with Condition 2 of that permission so as to construct two new Anaerobic Digestion Tanks at Rotherdale Farm, Long Lane, Throckmorton, Worcestershire, subject to the following conditions:

 

a)    The development must be begun not later than the expiration of three years beginning with the date of this permission;

 

b)     The development hereby permitted shall be carried out in accordance with the following approved drawings numbered:

 

·         JER5274-001 Revision A;

·         JER5274-003 Rev. A;

·         SPH/1001/011/Z;

·         JER5274-006 Rev.-;

·         SPH/1001/010/Z;

·         610-032 Revisions B;

·         JSL2143 0003-02 D; and

·         JPW0147-003;

 

c)    On the decommissioning of the facility all the equipment shall be removed from the site and the land restored to agricultural use in accordance with a scheme to be submitted and approved in writing by the County Planning Authority;

 

d)    The Anaerobic Digestion Plant shall have a maximum throughput of 20,000 tonnes, organic matter, per annum of Feedstock consisting of Energy Crops such as maize, sugar beet, rye grass and whole crop wheat, poultry droppings and cattle manure. Records shall be kept for inspection by the County Planning Authority on request of the amount of throughput of materials for the duration of the operation of the Anaerobic Digestion Plant;

 

e)    Construction works shall only be carried out on the site between 08:00 to 18:00 hours on Mondays to Fridays, 08:00 to 13:00 hours on Saturdays and there shall be no construction work on Sundays, or public and bank holidays;

 

f)     The permitted hours for deliveries of poultry droppings to the development hereby permitted shall be between 8:00 to 18:00 hours Mondays to Friday and between 08:00 to 17:00 hours on Saturdays with no deliveries on Sundays, or public and bank holidays;

 

g)    Plant maintenance (within the building only) shall only be carried out between 06.00 and 22.00 hours Mondays to Saturdays;

 

h)    The storage clamps shall only be used for the storage of energy crops and not for the storage of any waste materials;

 

i)     The height of the stockpiles within the storage clamps shall not exceed 5 metres in height; and a means of visually checking the height shall be implemented and maintained for the duration of the development, in accordance with the approved scheme: covering letter dated 19.12.13, referenced: JCD2066 and titled: 'Discharge of Condition 9 of Planning Decision Notice Ref 12/000008/CM for the development of an anaerobic digestion plant, beef unit and ancillary infrastructure at Rotherdale Farm, Long Lane, Throckmorton, Worcestershire'; Drawing titled: 'Sections showing the silage clamp' (drawing number: GA_P101); and Drawing titled: 'Foundation Plan showing the silage clamp (drawing number: GA_P100)';

 

j)     All waste materials imported to the site shall be sheeted at all times during importation;

 

k)    All external lighting and other illumination at the site shall be implemented and maintained in accordance with the approved lighting scheme: Appendix 1 titled: 'Details of Proposed External Lighting' (Plan: 'B6962-EX-001-A1' which sets out the location of the lighting and the Luminous Intensity Value; 'Details of Helvellyn bollards'; 'Q3-Q5 Pro Catalogue', which provides details of the lights and 'Rotherdale Farm site calculation surfaces') dated 16 August 2012;

 

l)     The development shall be carried out and maintained in accordance with approved scheme of materials, colours and finishes: 'Appendix 2 titled: 'A sample of the Aluminium to be used for the digesters and beef unit, plastic to be used for the top of the digesters and end storage bag' dated 16 August 2012;

 

Landscaping & Ecology

 

m)  The submitted landscape scheme as shown on drawings numbered 003-02, Rev D and Appendix B – Plant Schedules shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development.  The landscaping shall be maintained for a period of 5 years.  During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar size and species unless the County Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period;

 

n)    The development hereby approved shall be carried out in accordance with the recommendations set out in the document titled ‘Extended Phase 1 Habitat Survey’ dated February 2012 referenced JER5274;

 

            Drainage

 

o)    The drainage scheme for the disposal of surface water and foul sewage shall be implemented and maintained in accordance with the approved details: Drainage Layout shown on plan numbered 610-032-01 Revision A dated 22/11/2012;

 

      Pollution Control

 

p)    Any facilities for the storage of oils, fuels, or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund;

 

q)    The approved scheme of noise attenuation measures titled: 'Rotherdale Farm Anaerobic Digester Discharge of Planning Conditions (Project Number JAL6723)' dated 28 November 2012 shall be implemented and maintained for the duration of the development;

 

r)     The emission of noise from the operation of the Combined Heat and Power (CHP) engine hereby approved shall be controlled by limiting the output thereof and by sound insulation if necessary so that the level of noise from the development hereby approved within any dwelling shall not exceed a level 10dB below the background level in all 1/3 octave frequency bands. This background noise shall be defined as LA90 measured in hourly intervals through a 24 hour period;

 

s)    The approved Dust Management Plan dated 15 August 2012 shall be implemented and maintained for the duration of all the operations associated with the Anaerobic Digestion facility;

 

t)     All vehicles and machinery associated with the facility use of the site shall be fitted with a non-audible safety device or a "smart" form of reversing alarm, which produces a sound only audible to personnel in the immediate vicinity of the vehicle to which it is fitted. The design specification for the safety reversing device shall be implemented and maintained in accordance with the approved scheme: 'Brigade Vehicle Safety Solutions bbs-tek White Sound Warning Alarms'; 'Brigade White Sound Smart Reversing Alarm which includes the following models'; 'SA-BBS-97 – Self adjusting – medium duty – 77-97 Decibels 1399' and 'SA-BBS-97HV – Self adjusting – electric forklift – 77-97 Decibels 1398';

 

u)    The vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, this shall include the fitting and use of effective silencers; and

 

v)    The approved Odour Management Plan dated 15 August 2012 shall be implemented and maintained shall be implemented for the duration of the development.