Agenda item

Mr Pitman and Mrs Snell addressed the Committee in objection to the application.  Mr Fenwick spoke for the application.

 

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1598/FP, planning permission be granted subject to the conditions now detailed.

 

The Director referred to the late representations schedule that had been circulated to the Committee.  In reference to government guidance in PPS22, he advised that Officers always encouraged consultation with local residents.  Members were advised that any lack of consultation in itself was not a planning issue, but a procedural matter.  Additional consultation may not have raised any new issues.

 

Members were advised that Officers had suggested an additional condition, as detailed in the late representations schedule.

 

Councillor J O Ranger, as the local ward Member, suggested that condition 16 be amended as follows:

 

‘The anaerobic digester plant hereby permitted shall use only whole crops grown on the land identified within the application as ‘Buttermilk Farm Land’ as shown on Plan SD1 which falls within a six mile radius of the Scott and Scotts site.  The plant shall be operated in accordance with the details contained within the submitted application.  No additional crops shall be brought onto the site for use within the digester unless otherwise agreed in writing by the local planning authority.’

 

Councillor Ranger suggested an additional condition in that no vehicles used for the transportation of crops to the digester shall be routed through the village of Aspenden to allay the concerns of residents.  He suggested a similar condition be applied to Buntingford High Street.

 

Councillor Ranger requested a condition stating that waste heat must be used within the site of the Hallwick Ltd Plant or for agricultural purposes on the Scott and Scotts site.  He referred to the possibility of the heat being converted to electricity via technology being tested in Germany.  He stated that the waste heat could also be used to produce fertiliser or to dry grain.

 

Councillor Ranger stated that there was a concern that the waste heat should not be used for industrial purposes or for housing.  Councillor S A Bull stressed that traffic from the site should be made to use the Buntingford bypass rather than coming through the High Street.  He referred to the significant local objections that had been raised against the application.

 

Councillor Bull referred to the need to reduce the bunding close to the site access.  He expressed concerns in relation to the impact of the application on the countryside and also the traffic implications of extra vehicles exiting onto the A507.  He expressed concerns in relation to the sustainability of the application, which was more of a commercial use than farm diversification.

 

Councillor R N Copping stated that this application had national policy support via policy SD3, a renewable energy policy that had been set by the previous government.  He objected in principle to an application that resulted in the loss of valuable food producing land.

 

Councillor R Gilbert stated that this application did not satisfy the policies or aspirations of the East Herts Local Plan Second Review April 2007.  He emphasised that this application was not an appropriate use for 450 hectares of agricultural land.

 

Councillor Mrs M H Goldspink stated that Members should treat this application as agricultural diversification.  She stated that the project would be generating electricity from renewable sources and was in line with government policies on farm diversification.

 

Councillor Goldspink emphasised that the scheme would generate electricity from the anaerobic digestion of maize and any carbon dioxide would be reabsorbed by subsequent crops of maize, making the scheme carbon neutral. 

 

Councillor Goldspink stressed that there were many similar sized agricultural buildings in East Herts and these buildings would be set down in a natural hollow and would be screened by a coppice and nearby trees.  The buildings would subsequently be no higher than existing buildings on the site.

 

Councillor Goldspink commented that the colour of silage clamps could be changed from black and this could be controlled by conditions.  She stressed that the plant would produce minimal noise and no smell.

 

Councillor Goldspink emphasised that lorry movements would be at a minimum as all the crops were grown and processed on the one site.  She stated that there were be a reduction in fertiliser requirements as the slurry would return nutrients to the soil.

 

The Director reminded Members that this application was in the rural area beyond the green belt.  He advised that the policies sought to restrict development in the green belt and the rural area beyond it.  He commented however, that policy SD3 sought to encourage in principle renewable energy projects, in particular the cultivation of biomass fuels.

 

The Director stressed that although the application did not sit comfortable with policy GBC3, Members should not consider this policy in isolation and should take into account the wider planning considerations related to this application.

 

The Director advised that although the proposed buildings were large, the applicant had sought to take advantage of the best possible location of these on the site and Officers felt that, on balance, the scheme was acceptable in the rural area.

 

In response to a query from Councillor S A Bull, the Director summarised the provisions of policy GBC8 of the East Herts Local Plan Second Review April 2007. 

 

Councillor R Gilbert proposed and Councillor J J Taylor seconded a motion that application 3/10/1598/FP be refused due to visual impact of the application and also on the grounds that the application did not comply with green belt policy generally and in particular, did not comply with policy GBC3 of the East Herts Local Plan Second Review April 2007.

 

After being put to the meeting and a vote taken, this motion was declared LOST.

 

In response to a query from Councillor D Andrews in relation to the condition on wheel washing facilities being made permanent, the Director reminded the Committee of government guidance on the tests that should be met for planning conditions.  Members were advised that conditions must be reasonable, precise and enforceable and must also relate to appropriate planning issues.

 

The Director accepted Councillor Ranger’s amendment to condition 16, so long as it was understood what was meant by the term whole crops.  He stressed that the amendment in relation to the Scott and Scotts site and the 6 mile radius be amended to ‘the application as ‘Buttermilk Farm Land’, as shown on Plan SD1, which fell within a six mile radius of the application site’, as this was a clearly identifiable area and land could change ownership over time.

 

The Director stated that a condition of no traffic associated with the proposed travelling through Aspenden was entirely reasonable.  He stressed that a similar restriction for Buntingford High Street was less appropriate as this was a through route to other locations where as Aspenden High Street was not.

 

The Director cast doubt on whether a condition in relation to the reuse of the waste heat for agricultural purposes and also in respect of future uses would meet the tests for conditions.  He advised the concerns in relation to bunding and the highways issues was covered by condition 7.  Members were reminded that planning conditions on a new development could not be applied to solve existing problems.

 

Councillor Bull expressed further concerns that a condition for Buntingford High Street should be applied.  The Director reiterated that this was a condition which was unenforceable and could be judged to be unreasonable.

 

In response to a query from Councillor M R Alexander in respect of the condition on external lighting, the Director stressed that this did not prohibit external lighting and this meant no lighting without the prior agreement of Officers.

 

Councillor Mrs M H Goldspink proposed and Councillor R I Taylor seconded a motion that application 3/10/1598/FP be granted.

 

After being put to the meeting and a vote taken, this motion was declared CARRIED.

 

The Committee accepted the recommendation of the Director of Neighbourhood Services that application 3/10/1598/FP be granted subject to the conditions now detailed.

 

RESOLVED – that in respect of application 3/10/1598/FP, planning permission be granted subject to the following conditions:

 

1.    Three year Time limit (1T12)

 

2.    Levels (2E05)

 

3.    Approved Plans (2E10) L10414-LV1A Report Appendix 1-01,  L10414-LV1A Report Appendix 1-02, L10414-LV1A Report Appendix 1-03, L10414-LV1A Report Appendix 1-04,  L10414-LV1A Report Appendix -05,  L10414-LV1A Report Appendix 1-06,  P10-BMLK-001,  P10-BMLK-002,P10-BMLK-003,  P10-BMLK-004,  P10-THFB-005,  P10-BMLK-006, TCP-01, SD1.

 

4.    Materials of Construction (2E11)

 

5.    No external lighting (2E26)

 

6.    Notwithstanding the details shown on the approved plans, and prior to the commencement of the development, details of additional noise attenuation measures for the exhaust stack, together with its siting within the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented, retained and maintained in accordance with those details to the satisfaction of the Local Planning Authority.

 

        Reason: To safeguard the amenities of residents of nearby properties in accordance with Policy ENV25 of the East Herts Local Plan second review April 2007.

 

7.           No development shall take place until a scheme for the improvement of the access has been submitted to and approved in writing by the local planning authority and an agreement under s.278 of the Highways Act signed, for Highways works to the carriageway of the A507 abutting the access to the site at Buttermilk Hall Farm.   The highway works shall thereafter be completed in accordance with the approved scheme prior to the first use of the development hereby permitted.

 

        Reason:  To ensure that the improvements to the carriageway at the point of access to the site is constructed to the specification of the Highway Authority as required by the Local Planning Authority.

 

8.    Hard Surfacing (3V21)

 

9.    Construction Parking and Storage (3V22)

 

10.  Wheel Washing facilities (3V25)

 

11.  Hedge protection and retention (4P06)

 

12.  Tree/natural feature protection: fencing (4P07)

 

13.  Landscape design proposals (4P12) I, j, k, l. ‘Adapt ‘to include landscaping in the form of hedgerows for the bunds at the main access to the site from the A507’

 

14.  Landscape works implementation (4P13)

 

15.  Prior to the commencement of the development hereby permitted, details of the management of surface water to include sustainable drainage systems shall be submitted to and approved in writing by the Local planning Authority.

       

        Reason:  In the interests of the management of surface water on the site and in accordance with Policy ENV21 of the East Herts Local Plan Second Review April 2007

 

16.  The anaerobic digester plant hereby permitted shall use only whole crops grown on the land identified within the application as ‘Buttermilk Farm Land’ as shown on Plan SD1 which falls within a six mile radius of the application site.  The plant shall be operated in accordance with the details contained within the submitted application.  No additional crops shall be brought onto the site for use within the digester unless otherwise agreed in writing by the local planning authority.

 

        Reason:  To prevent an unacceptable increase in traffic to and from the site in the interests of amenity and highway safety and in accordance with policies ENV1 and TR1 of the East Herts Local Plan Second Review April 2007.

 

17.  Notwithstanding the details shown on the approved plans, and prior to the commencement of the development, the precise siting of the gas flare in relation to the adjoining trees shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented, retained and maintained in accordance with those details to the satisfaction of the Local Planning Authority.

 

        Reason: To safeguard the health of the adjoining trees in the interests of amenity in accordance with policies ENV1; ENV2 and ENV11 of the East Herts Local Plan Second Review April 2007”

 

18.  No vehicles used for the transportation of crops to the digester hereby permitted shall be routed through the village of Aspenden.

 

        Reason: In order to ensure an acceptable level of residential amenity is maintained in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

 

Directives:

 

1.    Other legislation (01OL)

 

2.    Highway Works (05FC)

 

Summary of Reasons for Decision

 

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the saved policies of the East Herts Local Plan Second Review April 2007), and in particular policies SD3, GBC3, ENV1, ENV2, ENV11, ENV21, ENV25, LRC9 and national planning guidance PPS22.  The balance of the considerations having regard to those policies is that permission should be granted.