Agenda item
Planning Application 15/04038/FUL - Southern Counties Fresh Foods Ltd, Muchelney Road, Huish Episcopi.
- Meeting of Area North Committee, Wednesday 16th December 2015 2.00 pm (Item 125.)
- View the declarations of interest for item 125.
Minutes:
Continued use of site for abattoir and associated purposes. Construction of additional carcass chills and an energy centre. Construction of storage including dry goods and finished product. Infill construction of a covered by-products yard and construction of a relocated security office.
The Planning Officer presented the application as detailed in the agenda report. He provided several updates regarding details of conditions if the application were to be approved including:
· The local flood authority had requested an additional condition regarding drainage.
· An additional condition was recommended for detail of the fencing near Tanyard Cottages, to address the concerns of residents in the cottages about the proximity of the fence.
· Amendment of wording to condition 7 to refer to ‘HGVs’ not ‘vehicles’.
He clarified the aim of the proposal was to rescind all previous permissions and legal agreements, and to establish all planning control under this new application. It was noted that the business was an important part of the local economy around Langport and Huish Episcopi with more than 200 people employed. The officer gave a detailed description of the layout and circulation of the business within the site. He discussed concerns raised by local residents about the proximity of parked HGVs, and explained that loading of livestock took place further away from the northern boundary, with the new loading area being used for dry goods and packed meat products only
Mr L Bennett and Mr D Rees, spoke in objection to the proposal and points raised by them included:
· Concerns about noise. previous breaches with conditions and legal agreements regarding noise levels, and the council seeming to not be able to enforce.
· Lack of detail about what machinery is going in each building and noise assessments should be provided before the application is approved.
· Over the years the boundary fence had been moved nearer to neighbouring cottages, and in this proposal the distance of the fence to Tanyard Cottages did not seem to be confirmed.
Ward member, Councillor Clare Aparicio Paul, acknowledged that the applicant had tried complete openness regarding lines of communication with neigbours, She noted that many issues raised by objectors were related to a previous company running the site., and the current applicant wished to move forward and become more efficient and environmentally friendly.
During discussion comments raised by members included:
· Yes there had been breaches, but then enforced to be within limits
· Old buildings were an eyesore and those proposed are an improvement, new refrigeration units will be silent running.
· Liaison group had been very effective over the years
· Cottages have been there a long time but so has the abattoir, and before that a tannery, conditions will need to be adhered to
In response to a comment made, the Planning Officer and Environmental protection Officer clarified that:
· the details of the distance of fencing had been inaccurately reflected on the plans, and would be 7m (to be checked and finally agreed by condition).
· if the application were to be approved, then the planting scheme would be required in this current season.
· Last time the noise was monitored on site it was within prescribed limits, but acknowledge this is only a snapshot at that point in time.
· A condition was included for the company to undertake their own noise monitoring but SSDC would mirror this to monitor independently.
At the conclusion of debate, it was proposed to approve the application, as per the officer recommendation, subject to the amendment of condition 7, and two additional conditions regarding drainage and detail of fencing. On being put to the vote, the proposal was carried unanimously.
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RESOLVED: |
That planning application 15/04038/FUL be APPROVED subject to:-
a) The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to ensure that:-
1. HGVs approaching and leaving the site use agreed routes, as provided for in previous legal agreements regulating the site. 2. Previous relevant permissions and agreements are rescinded, as necessary.
b) the following conditions
Justification:
01. The proposal represents an acceptable rationalisation and enlargement of an existing industrial and employment site, located on the edge of a Local Market Town that respects the character and appearance of the setting and causes no demonstrable harm to residential amenity or highway safety, in accordance with the aims and objectives of the NPPF and Policies SD1, SS3, LMT2, EP4, TA5, TA6, EQ1, EQ2 and EQ4 of the South Somerset Local Plan, 2006 - 2028.
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: the drawings ref. LP-15, numbers 58A, 60, 62, 63, 64 and 66, and the Site Location Map Rev A,
Reason: For the avoidance of doubt and in the interests of proper planning.
03. No development hereby permitted shall be commenced unless particulars of the following have been submitted to and approved in writing by the Local Planning Authority:
a) materials (including the provision of samples where appropriate) to be used for external walls and roofs; b) full design details and material and external finish to be used for all windows, all external doors, entrance gates, boarding and openings; c) details of all eaves and fascia board detailing, guttering, downpipes and other rainwater goods; d) details of the surface material for the parking and turning area; e) details of all boundary treatments , including the proposed new 3m high fence with double gates; and f) details of the finished floor level of the buildings. g) The details, once approved, shall be fully implemented and thereafter retained and maintained.
Reason: To safeguard the character and appearance of the area and to accord with the NPPF and Policy EQ2 of the South Somerset Local Plan.
04. No development hereby permitted shall 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. The scheme shall be in accordance with the plans ref. TD779-03C and 04C contained in the submitted Landscape & Visual Statement. All planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out at the earliest opportunity following the grant of this permission but at the latest within the first planting and seeding season following or concurrent with the commencement of development. 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. The scheme of planting and landscaping shall thereafter be permanently retained and maintained.
Reason: To safeguard the character and appearance of the area, and to accord with Policy EQ2 of the South Somerset Local Plan.
05. No development hereby permitted shall be commenced unless a final detailed noise prediction model for the extended development, based on the finalised plant scheme, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include final noise mitigation measures to be agreed with the Local Planning Authority before work commences. The noise mitigation scheme, once approved, shall be fully implemented and shall be maintained and not altered without the prior written approval of the Local Planning Authority.
Reason: In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan.
06. Day Time noise emitted from the application site shall not exceed 60 dBL Aeq (1 hour) when measured on any boundary of the application site. Night time noise emitted from the application site shall not exceed 35 dBL Aeq (10 minutes) when measured on the Mucheleny Road boundary of the application site or 45 dBL Aeq (10 minutes) on any other boundary of the application site.
For the purpose of this condition the day time shall apply between:- 0630 to 2300 hours on Monday to Fridays 0630 to 1600 hours on Saturdays 0800 to 1430 hours on Sundays 0630 to 1500 hours on Bank Holidays
The night time limit shall apply at all other times.
Reason: In the interests of residential amenity and to accord with the NPPF and Policy EQ2 of the South Somerset Local Plan.
07. All heavy goods vehicles shall access and egress to and from and proceed whilst on the site strictly in accordance with the vehicle routes shown on the drawing Appendix 4 (Plan B- Routing of HGV's) contained in the submitted Transport Statement.
Reason: In the interests of residential amenity to accord with the NPPF and Policy EQ2 of the South Somerset Local Plan.
08. There shall be no burning of any waste or other materials on the site, except in an incinerator, the details of which shall have been approved in writing by the Local Planning Authority before being brought into use. The use of the incinerator shall be strictly in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of amenity and in accordance with Policy EQ2 of the South Somerset Local Plan.
09. The area allocated for parking and turning on the submitted plan ref. LP-15-58A shall be kept clear of obstruction at all times and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.
Reason: In the interests of highway safety and to safeguard the amenities and character of the area to accord with Policies EQ2, TA5 and TA6 of the South Somerset Local Plan.
10. No development hereby permitted shall be commenced unless the details of areas on the site for the cleaning and washing of vehicles have been submitted to and approved in writing by the Local Planning Authority. There shall be no cleaning or washing of vehicles other than in the areas specified in such approved details.
Reason: In the interests of residential amenity to accord with Policy EQ2 of the South Somerset Local Plan.
11. No machinery shall be operated, no process shall be carried out (with the exception of essential cleaning and maintenance and occasional slaughter solely in the interests of animal welfare) and no loading of vehicles shall take place on the application site other than as follows:-
Slaughtering
0630 to 1800 hours - Monday to Fridays 0630 to 1300 hours - Saturdays and Bank Holidays
Meat Processing (within the boning room and associated rooms as shown on the submitted plan ref.LP-15-62).
24 hours - Mondays to Fridays 0630 to 1600 hours - Saturdays 0800 to 1430 hours - Sundays 0630 to 1300 hours - Bank Holidays
0630 to 2300 hours - Mondays to Fridays 0630 to 1600 hours - Saturdays 0800 to 1430 hours - Sundays 0630 to 1500 hours - Bank Holidays
Reason: In the interests of residential amenity to accord with Policy EQ2 of the South Somerset Local Plan
12. There shall be no changeover of weekday meat processing shifts at the plant between the hours of 2230 and 0630 Monday to Friday (inclusive).
Reason: In the interests of residential amenity to accord with Policy EQ2 of the South Somerset Local Plan.
13. The change over of weekday shifts at the plant shall not take place between the hours of 1530 and 1630.
Reason: In order to minimise conflicting traffic movements along the A372 at the end of the school day.
14. There shall be no more than 130 movements of heavy goods vehicles with unladen weight of 7500kg or more in or out of the site within any 24 hour period. Of these movements, there shall be no more than 8 movements per night in or out of the site between the hours of 2200 and 0630. Records of all such vehicle movements shall be kept and made available to the Local Planning Authority.
Reason: In the interests of residential amenity and highway safety and to accord with the NPPF and Policies EQ2 and TA5 of the South Somerset Local Plan.
15. (a) Prior to commencement of development, a phasing plan for the construction of the development hereby permitted shall be submitted to and agreed with the Local Planning Authority. The applicant shall, on completion of all works on each identified phase, and on completion of the development as a whole, employ an acoustic consultant to monitor noise levels from the site to check and ensure full compliance with the conditioned noise levels. Should monitoring show non-compliance this shall be reported to the local planning authority as soon as reasonably practicable along with proposed actions to reduce the noise to within the set limits. Once agreed, actions shall be implemented in full. (b) The applicant shall notify the Local Planning Authority in the event of any replacement or installation of fixed plant or machinery, or changes to structures or installations on the site which would materially affect noise emissions, and agree with the Local Planning Authority any further necessary noise monitoring and appropriate mitigation measures.
Reason: In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan.
16. All HGV chiller trailers units shall be run on electric hook-ups at all times whilst on site, with the exception of times when they are departing from site or arriving. There shall be no HGV trailers at all parked on the loading bay on the east side of the building (the loading bay shown on the plan ref. LP-15-58A immediately adjacent to the 'Dry Goods' area) outside of the following hours:-
0630 to 2300 hours Monday to Fridays 0630 to 1600 hours on Saturdays 0800 to 1430 hours on Sundays 0630 to 1500 hours on Bank Holidays.
Reason: In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan.
17. With the exception of windows to the office accommodation (as indicated on the submitted plan ref. LP-15-62) all external doors and windows to the premises shall be kept closed at all times except for the explicit purpose of entry to or exit from the premises.
Reason: To avoid unnecessary noise from open doors and windows, in order to protect the amenity of the locality, especially for people living nearby in accordance with Policy EQ2 of the South Somerset Local Plan.
18. Any forklift trucks used on the application site shall be fitted with noise attenuated reversing alarms. All such alarms are to be kept in working condition and operable wherever a forklift truck is used on the site.
Reason: In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan.
19. No additional external lighting shall be erected on the site unless a lighting scheme for such exterior lighting on the site has been submitted to and approved in writing by the Local Planning Authority to provide that:
1. Light into neighbouring residential windows generated from the floodlights shall not exceed 5/10*Ev (lux) (vertical luminance in lux) 2. Each floodlight must be aligned to ensure that the upper limit of the main beam does not exceed 70 degrees from its downward vertical. 3. The floodlighting shall designed and operated to have full horizontal cut-off and such that the Upward Waste Light Ratio does not exceed 2.5/5*%.
Any submitted scheme shall include an isolux diagram showing the predicted luminance in the vertical plane (in lux) at critical locations on the boundary of the site and at adjacent properties. No exterior lighting shall be erected on site other than that approved under the scheme. The approved scheme shall be implemented prior to beneficial use and thereafter permanently retained and maintained unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan.
20. No development shall be commenced until surface water drainage details, (including surface water from any additional access routes), together with a programme of implementation and maintenance of the approved scheme for the lifetime of the development have been submitted to and approved by the Local Planning Authority. Such works shall be carried out in accordance with the approved details.
Reason: To ensure that the development is served by a satisfactory system of surface water drainage and in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, Paragraph 103 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework (March 2015).
21. No development hereby permitted shall be commenced unless details of the layout of the access, including details of gates and fencing, at the entrance to the site onto Tanyard Lane have been submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of residential and visual amenity, and to accord with the NPPF and Policy EQ2 of the South Somerset Local Plan.
Informatives:
01. The applicant's attention is drawn to the advice of the Environment Agency set out in their letter of 1 October 2015, a copy of which was sent to the applicant.
02. The applicant's attention is drawn to the advice of Wessex water, particularly in relation to construction within 3m of a public sewer, in their letter dated 14 September 2015, which can be viewed on the Council's website.
03. Noise and dust control The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents in terms of noise and dust during the construction phases of the development. This should include not working outside regular day time hours, the use of water suppression for any stone or brick cutting and advising neighbours in advance of any particularly noisy works. The granting of this planning permission does not indemnify against statutory nuisance action being taken should substantiated noise or dust complaints be received. For further information please contact the Environmental Health service.
Planning and Permitting The premises concerned benefits from an existing permit issued by the Environment Agency under the Pollution Prevention and Control (England and Wales) Regulations 2000. The permit covers: Slaughtering animals at a plant with carcass production capacity of more than 50 tonnes per day. Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by physico- chemical treatment. Planning and permitting decisions are separate but closely linked. Planning permission determines if a development is an acceptable use of the land. Permitting determines if an operation can be managed on an ongoing basis to prevent or minimise pollution.
04. In respect of Conditions 14 and 15, 'movement' is defined as either the arrival or departure of a vehicle from the site. |
(Voting: Unanimous in favour)
Supporting documents:
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