Agenda item

Planning Application 15/03646/FUL - Frogmary Green Farm, West Street, South Petherton.

Minutes:

Proposal: Construction of on-farm Anaerobic Digester (AD) plant (revised application, part retrospective).

The Area Lead (West) introduced the application and reminded members why the application had been deferred at the December meeting of Area North Committee. He noted that a response had since been received from the Secretary of State which had confirmed that the proposal was not considered to be EIA development.

The Planning Officer then presented the application as detailed in the agenda report, highlighting that Highways had raised no objections and traffic movements were predicted to be similar to the previous approved application. He acknowledged concerns had been raised about traffic movements, and the issues had been checked with the applicant and Highways. Highways had confirmed that they considered the road network to be adequate. Concerns had also been noted about odour and flooding but statutory consultees had not raised any objections, nor had there been any objections on ecological grounds.

Mrs T Sienkiewicz spoke in objection to the proposal and hoped members had noted the submissions from Lopen Parish Council. She raised a number of points including:

· the scheme was now much bigger than originally led to believe

· concerned there is no updated traffic plan as the existing plan refers to historical data.

· asked for the committee to insist on a new transport plan using current data

· one CHP and underground tank should be removed

Mr D Manley, applicant, commented the transport arrangements had not changed with this application and the footprint was largely unchanged. The change with this application regarding injecting gas into the grid was supported by the Climate Change Officer, and the scheme met national and SSDC policies regarding renewable energy. There were no objections from statutory consultees and no increase in public objections.

Ward member, Councillor Crispin Raikes, noted he had visited the site with his colleague ward member and was supportive of anaerobic digestion in principle. He noted that concerns were mainly around capacity and traffic. He acknowledged the digestate tank had yet to be built and that it had probably led to some storage issues and more traffic movements than there may be in the future. He felt there should be a condition to require traffic figures to be submitted to the LPA for monitoring. Although it was unfortunate how the current situation had happened he felt the application should be supported.

Ward member, Councillor Adam Dance, concurred with his fellow ward member, and noted that although he had never been happy with how Greener For Life had operated, he could see no reason to refuse the application.

During discussion mixed views were expressed including:

· excellent use of farm waste for energy.

· transport plan is fine, as a working farm could have any level of traffic.

· there is an impact on landscape as it’s visible from the A303.

· Consideration should be given to the provision of passing spaces, to Highways standards, and maintained for the life of the plant by the farm.

· The report indicates the applicant has responded to questions raised.

· Support agricultural, but this is more like industrial.

· Have doubts that this type of energy production is an asset for renewable energy.

· The site will be heavily controlled by permitting regulations.

· Report indicates that feedstock for the plant already comes from up to 23 miles away including Taunton.

In response to comments made during discussion, the Area Lead (West) clarified that:

· Condition 9 could be amended to require quarterly submission of feedstock data and also the wording strengthened to included adherence to agreed transport routes.

· Passing spaces – he believed the passing spaces created were on third party land and it may be possible to get a Grampian. He noted Highways had not requested a need for passing spaces.

· He would be happy to liaise with the applicant and Highways to bring the passing spaces provided up to the necessary specification.

During discussion it was proposed and seconded to approve the application as per the officer recommendation subject to the amended wording of condition 9. At the end of debate a vote was taken on the proposal which was carried 5 votes in favour, 4 against, with 1 abstention.

RESOLVED:

That planning application 15/03646/FUL be APPROVED, as per the officer recommendation , subject to the following:

Justification:

01. The proposal would respect the character and appearance of the area, would provide an efficient means of dealing with farm waste and provide a sustainable form of renewable energy, it would not adversely affect highway safety or residential amenity or harm any ecological interest. The proposal would accord with policies SD1, TA5, TA6, EQ1, EQ2, EQ3, and EQ4 of the South Somerset Local Plan, the Waste Core Strategy and the NPPF.

Subject to the following:

01. Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission shall have effect from the 19th August 2015.

Reason: To comply with The Town and Country Planning Act.

02. The development hereby approved shall be carried out in accordance with the following approved plans:

· Location Plan - drawing no. SA15799/01 rev B, received 11 September 2015

· Site Plan - drawing no. SA19247/02 rev B received 11 September 2015

· Sectional elevations - drawing no. SA19247/03 received 19 August 2015

· Elevations omitting foliage - drawing no. SA19247/04 Rev A received 19 August 2015

· Digester, Digestate Tank and Gas Holder section - drawing no. SA19247/06 received 19 August 2015

· Proposed Digestate Spreading Area - drawing no. SA15799/07 received 19th August 2015

· Proposed Digestate Spreading Area with proposed routes for imported poultry manure- drawing no. SA15799/07 received 19 August 2015

· Proposed Feedstock Source Area - drawing no. SA15799-08 received 19 2015

· Proposed Feedstock Source Area with transport routes- drawing no. SA19247/08 received 19th August 2015

· Tractor Movement Plan - drawing no. SA15799/09 received 19th August 2015

· JCB Loader Movement Plan - drawing no. SA15799/10 received 19th August 2015

· HGV Movement Plan - drawing no. SA15799/11 received 19th August 2015

· Supporting Statement received 19th August 2015

· Planting zones drawing number SA19247/13 Rev A received 7th October 2015

· Drainage layout Drawing number 00020-00-H received 8th August 2015.

· Site surfacing PLan - drawing number SA19247/13 received 19th August 2015.

· Revised Flood Risk Assessment received 21st January 2016

· proposed routes for imported poultry manure via A303 received 7th August 2015.

· Transport route from Ilminster field blocks /Dillington Estate received 7th August 2015

· Frogmary digestate pipeline routes received 7th August 2015.

· Route from Ilminster fields blocks received 7th August 2015.

· Frogmary land banks below Harp Road received 7th August 2015.

· Archaeological Watching Brief received April 2016

· Ecology Appraisal received April 2016.

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

03. No further buildings or structures as approved by this permission shall be constructed until particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority.

Reason: To safeguard the amenities and character of the area in accordance with policy EQ2 of the South Somerset Local Plan.

04. No external lighting shall be erected on the application site unless details including size, design, location and degree of luminance have been previously submitted to and agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities and character of the area in accordance with policy EQ2 of the South Somerset Local Plan

05. Within 2 months of the date of this decision, a surface water drainage scheme for the site (to accord with SuDS requirements where necessary), based on the hydrological and hydrogeological context of the development, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system in accordance with the NPPF.

06. Within 6 months of the cessation of the use of the development hereby approved, a scheme for the removal of all buildings, structures, hard-standings, plant and machinery, roadways, fencing or other structures and equipment brought onto or erected on the land for the purposes of the development shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of restoration and a timescale for completion. The scheme shall be fully implemented within 3 months of the date of approval.

Reason: To safeguard the amenities and character of the area and in accordance with policies EQ2 of the South Somerset Local Plan.

07. The landscaping scheme hereby approved shall be fully implemented in the first planting season following completion of the construction of the development. 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 amenities and character of the area in accordance with policies EQ2 the South Somerset Local Plan.

08. The development hereby approved shall be carried out in strict accordance with the submitted Construction and Environmental Management Plan (CEMP) unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard highway safety and rural amenity in accordance with policies EQ2 and TA5 of the South Somerset Local Plan.

09. The feedstock to serve the anaerobic digester hereby approved shall be limited to farm waste and agricultural crops only. The total tonnage shall not exceed 19,300 tonnes without the express grant of planning permission. This feedstock shall only be grown or harvested from the land identified on the feedstock source maps drawing no. SA19247/08, Map E (submitted 7th August 2015) and Dillington Estate map received 20 August 2014), as referred to in the agent's emails of 18 and 21 August 2014, (as per application no: 14/01923/FUL) without the express grant of planning permission. In addition, digestate pipeline routesshall only be located as shown on the submitted plan titled 'Frogmary digestate pipeline routes' received 7th August 2015. The transport routes of vehicles shall follow only the vehicular routes as outlined on submitted Maps A,B, E, and as shown on submitted map titled 'Proposed routes for imported poultry manure via A303' all received 7th August 2015. A record shall be kept of all feedstock to serve the digester, including its origin, amount and type. This recorded information shall be submitted to the Local Planning Authority every 3 months, commencing at the end of March 2017.

Reason: To allow any other feedstock source and additional feedstock over and above the weight limit approved to be properly considered in order to safeguard highway safety and rural amenity in accordance with policies EQ2 and TA5 of the South Somerset Local Plan.

10. There shall be no obstruction to visibility greater than 900mm above adjoining road level in advance of lines drawn 2.4m back from the carriageway edge on the centre line of the access point and extending to points on the nearside carriageway edge 70.0m either side of the access. Such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan.

11. The proposed southernmost access onto West Street over at least the first 10.0m of its length, as measured from the edge of the adjoining carriageway, shall be properly consolidated and surfaced (not loose stone or gravel) in accordance with details, which shall have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of highway safety in accordance with policy TA5 of the South Somerset Local Plan.

12. Any entrance gates erected shall be hung to open inwards and shall be set back a minimum distance of 10.0m from the carriageway edge.

Reason: In the interests of highway safety in accordance with policy TA5 of the South Somerset Local Plan.

13. 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: To prevent the increased risk of flooding and the interests of amenity in accordance with policies EQ2 and TA5 of the South Somerset Local Plan and the NPPF.

(Voting: 5 for, 4 against, 1 abstention)

Supporting documents:

Agenda item

Planning Application 15/03646/FUL - Frogmary Green Farm, West Street, South Petherton.

Council and Democracy