Meeting documents

SSDC Area North Committee
Wednesday, 27th August, 2014 2.00 pm

  • Meeting of Area North Committee, Wednesday 27th August 2014 2.00 pm (Item 65.)

Minutes:

Application proposal: The erection of a 1.3mW anaerobic digester with associated plant and works. The aim of the development is to generate energy and digestate for spreading as a soil conditioner and fertiliser.

Members were advised by the Planning Officer that the reason for referral to committee had been omitted from the agenda report in error. The application was before members due to the size of the proposal and for the concerns raised by the parish council and public to be debated.

The Planning Officer presented the application as detailed in the agenda report, and noted that the junction of Bearley Lane with the A303 was considered to be poor. Reference was made to the current Viridor contract and the current proposal for the digester would create less traffic movements, and as such the Highway Authority did not raise any objections.

Mr R LeFlufy, representative for Tintinhull Parish Council made a number of comments including:

·         Ambiguity about quantities of manure and slurry, and the current type of farming practice on the land.

·         Much of the land stated to be used for the growing of crops to feed the digester is not in the same ownership of Bearley Farm, and there was no indication that the landowners concerned had agreed to supply Bearley Farm.

·         Concerns about traffic and transport movements related to the proposal. Most traffic will need to go through Tintinhull which is already suffering an increase in traffic due to developments in Yeovil. Of the opinion the application should be re-submitted with more detail about transport and traffic movements.

·         The road surface of Bearley Lane was already breaking up and residents experienced difficulty with access. It was felt the maintenance of the lane should be down to the applicant.

Mr M Cox, supporter, spoke of the merits of anaerobic digesters as he was on a farm that had one. He highlighted that the digestate was approved by the Soil Association and all odour was removed from the digestate by the process. Much of the smell in the process was gas which is what would be captured for energy. He was of the opinion that anaerobic digesters were technology which could only help farming in the future.

Mr D Manley, applicant, commented he was happy to cease the Viridor contract which would result in less traffic, and reduce the impact on residents, of Bearley Lane. He noted that farming practices would remain largely unchanged on land south of the A303 to be used for crop production to feed the digester, and he had an agreement with the landowners to access crops for the digester. He did not consider there would be an increase in traffic through Tintinhull. The consultees who had not raised objections was highlighted, including the comments of the Climate Change Officer.

Ward member, Councillor Jo Roundell Greene, had several concerns about the application, and noted its size was similar to the Walpole plant that dealt with household food waste. Some of her comments included that much of the land indicated south of the A303 for producing crops to feed the digester was not in the ownership of Bearley Farm. Looking at the location, much of the feedstock for the digester would have to be moved to silage clamps near Tintinhull Forts and so traffic would have to go through Tintinhull, and did not feel traffic movements had been carefully considered. She felt there were some contradictions in one of the associated reports about the digestate spreading and crops being grown. Several times in the report it referred to the farm being predominantly arable but there was much talk about slurry. The transport statement also referred to slurry being transported by road and she questioned why this was the case if animals were on the farm. She raised concerns about the potential impact on the local economy, the loss of land for production of food, and also the history of flooding on some of the land at Bearley Farm.

The Planning officer clarified she had got her north and souths mixed up in her report in terms of where the manure/slurry was to come from and that it was to come from Bearley Farm only.

In response to comments made the Area Lead clarified that:

·         Data regarding transport movements had been challenged and new evidence submitted.

·         It was felt traffic movements could be conditioned.

·         Condition 5 specified liquid digestate would only go off site via pipe not lorry

·         Condition 3 could be tightened up by removing the wording ‘unless otherwise agreed in writing etc’, and adding residential amenity and Policy ST6 to the reason.

·         Only farm waste and crops would feed the digester and they already existed – the scheme was about collecting the matter in a different way in one location.

During a lengthy discussion varying opinions and comments were raised including:

·         It’s on green land and is of an industrial scale and should resisted

·         Enough traffic and environmental concerns to justify refusal

·         It’s a sealed system and will be no smell and the gas is scrubbed

·         Need energy – using some waste as a resource is an advantage

·         Vast areas of land are being covered for 25 years by solar panels

·         Last winter there wasn’t enough feed for livestock

·         Proposal not properly thought out

·         Digesters are clean and quiet, no longer slurry, which smells, being spread on fields

·         Good scheme and should be encouraged

·         Part of land holding in flood zone 2 but not the application site

·         Very concerned about traffic movements and the crops that will be lost

·         Surely there needs to be a contract between the farm and the other landowners as if they don’t sign up it won’t work

·         On what basis could a limit be set on condition 4?

·         The plant will be permitted by the Environment Agency and if they are not satisfied by all aspects and the business plan it is unlikely to proceed.

·         Much of the traffic associated with growing the feedstock for the plant probably goes through Tintinhull now anyway

In response to the comments raised during discussion the Area Lead noted that:

·         Objections about pollution were no supported by Environmental Health or the Environment Agency

·         Farmers could grow what they wished, and nowadays more was going towards bio-fuels and doesn’t require permission

·         A material consideration was the loss of agricultural land defined by the red line area. It was not felt that loss of 2.5ha was so detrimental to warrant refusal

·         All crops  were currently coming off the land by vehicle anyway but the traffic to the one site and movements on and off the A303 were a consideration

·         Acknowledge it’s a large structure

·         We cannot insist which parcels of land will be used for growing crops.

·         Roads are in the ownership of the Highway Authority and they had no issues

·         There wasn’t a condition in the officer report regarding the source of the slurry but one could be added to require that all slurry to come from Bearley Farm only

At the conclusion of the debate it was proposed to approve the application as per the officer recommendation, subject to condition 3 being amended to remove the wording ‘unless otherwise agreed in writing by the local planning authority’ and to add residential amenity to the reason, plus an additional condition to require the slurry/manure to feed the digester to only come from Bearley Farm. On being to the vote the proposal was carried 5 in favour, 4 against with 1 abstention.

RESOLVED:

That planning application 14/00230/FUL be APPOVED, as per the officer recommendation as detailed in the agenda report, subject to condition 3 being amended to remove the wording ‘unless otherwise agreed in writing by the local planning authority’, plus an additional condition (condition 15) to require the slurry/manure to feed the digester to only come from Bearley Farm, and subject to the following:

1. The prior completion of a section 106 planning agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to ensure:-

        (a) The existing Viridor contract held by Mr S Walters relating to the storage and disposal of factory waste water (Standard Rules SR 2010 No4 Permit, reference EAWML 105230) is rescinded and to prevent any other waste related activities being carried out on any part of the land holding known as Bearley Farm.

        (b)   A Section 106 Agreement monitoring fee based on 20% of the application fee.

Justification:

Notwithstanding local concerns, the development through the provision of a renewable source of energy will make a valuable contribution towards cutting greenhouse gas emissions without resulting in any substantive harm to landscape, residential or visual amenity, ecology, archaeology or highway safety. As such the scheme is considered to comply with the saved policies of the local plan and the aims and objectives of the NPPF.

Subject to the following conditions:

01.   The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.   The development hereby permitted shall be carried out in accordance with the following approved plans drawings numbered Figure 1b - Site Location, Figure 1a – Site Location, PBP_07, GS_07, GS_06, EL_07, EL_06, and PBP_06. 

Reason: For the avoidance of doubt and in the interests of proper planning.

03.   The feedstocks to serve the anaerobic digester hereby permitted shall only comprise farm waste and agricultural crops.

Reason: In the interest of highway safety, residential amenity and the rural amenity of the area in accordance with Policy ST5 and ST6 of the South Somerset Local Plan 2006.

04.   The operator of the development hereby permitted shall keep records to include the number of vehicles which enter or leave the site associated with the operation hereby permitted. The records shall also include the size, type and load details, as well as the vehicles point of origin and destination. These records shall be made available to the local planning authority within 14 days of a request that they are to be inspected.

Reason: In the interest of highway safety and the rural amenity of the area in accordance with Policy ST5 of the South Somerset Local Plan.

05.   Any liquid digestate resulting from the anaerobic digester hereby permitted that is to be spread on land outside the area outlined in blue on the Site Location Plan (Figure 1b), shall be transported only by the means of a below ground pipeline to the land where it is to be applied. This pipeline shall be installed and be fully operational prior to the anaerobic digester first coming into use and shall be permanently retained and maintained in this fashion unless otherwise agreed in writing by the local planning authority. 

Reason: In the interest of highway safety and the rural amenity of the area in accordance with Policy ST5 of the South Somerset Local Plan.

06.   No development hereby permitted shall be commenced unless details of the means of connection to the gas / electricity grid from the site have been submitted to and approved in writing by the local planning authority.

Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with Policies EC3, ST5 and ST6 of the South Somerset Local Plan.

07.   No development approved by this permission shall be commenced until a Farm Management Plan for waste digestate, has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

Reason: To prevent pollution of the water environment in accordance with Part 11 of the NPPF and Policy EP9 of the South Somerset Local Plan.

08.   No development approved by this permission shall be commenced until a Construction Environmental Management Plan, incorporating construction details of the slurry and silage storage facilities and any associated pipelines, has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

Reason: To prevent pollution of the water environment in accordance with Part 11 of the NPPF and Policy EP9 of the South Somerset Local Plan.

09.   No development approved by this permission shall be commenced until a detailed scheme for contaminated and clean surface water run-off, has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall clarify all final construction details and levels/specifications for the sites water management system, and shall also specify the intended future ownership and maintenance provision for all drainage works serving the site. The approved scheme shall be implemented in accordance with the approved programme and details.

Reason:  To prevent the increased risk of flooding and pollution of the local water environment in accordance with Part 11 of the NPPF and Policy EP9 of the South Somerset Local Plan.

10.   No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.

Reason: To safeguard the archaeological interest of the site in accordance with Policy EH12 of the South Somerset Local Plan.

11.   The development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To safeguard the rural character of the area to accord with Policies ST5 and EC3 of the South Somerset Local Plan.

12.   Prior to the commencement of works, a detailed scheme of groundmodelling, that illustrates both existing levels and earth modelling as expressed by the proposed contours, has been submitted to and approved in writing by the local planning authority. Particular attention shall be given to the build-up of spoil to the northeast and southeast of the application site.

Reason: To safeguard the rural character of the area to accord with Policies ST5 and EC3 of the South Somerset Local Plan.

13.   No means of external illumination/lighting shall be installed without the prior written consent of the Local Planning Authority.

Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with Policies EC3, ST6 and EP3 of the South Somerset Local Plan.

14.   The development hereby permitted shall not be commenced unless the surfacing materials for all hardstanding and tracks to serve the development hereby permitted have been submitted to and agreed in writing by the local planning authority.

Reason:  In the interests of the amenities of the locality in accordance with Policies ST5 and ST6 of the South Somerset Local Plan.

15. The slurry/manure to feed the anaerobic digester hereby approved shall only come from the landholding at Bearley Farm as identified on the site location plan (figure 1b)

Reason: In the interest of highway safety, residential amenity and the rural amenity of the area in accordance with Policies ST5 and ST6 of the South Somerset Local Plan 2006.

Informative:

01.  The developer’s attention is drawn to the informatives and recommendations set out within the Environment Agency’s letter dated 14/04/2014.

02.  The operator is encouraged to follow the recommendations set out in paragraph 4.3.2 of the Transport Assessment. 

(Voting: 5 in favour, 4 against, 1 abstention)

Supporting documents: