Agenda item

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 14/01280/COMIND in respect of the construction of an earth banked slurry lagoon, at Land North of Oaken Copse, Yattendon, Berkshire.

In accordance with the Council’s Constitution, Mr Peter Danks, agent, addressed the Committee on this application.

Mark Campbell introduced the report to the Members, which took account of all the relevant policy considerations and other material considerations. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable.

Mr Danks in addressing the Committee raised the following points:

·        The slurry lagoon was part of the planned development of the Yattendon Estate.

·        Its presence would reduce the amount of tanker traffic moving through the village and would make the best use of the nutrients made available through the dairy farm; being able to store six months worth of production of slurry.

·        Pumping to the site would be done over fields and under roads and would move an amount of slurry equivalent to an estimated 1,000 tanker loads.

·        The location and design of the lagoon would minimise odour. Once filled, a crust would form and this layer would minimise odour; as would the separation and distance from receptors. The nearest neighbours were 600m to the south, in the opposite direction to the prevailing winds. This should create adequate dilution of the odour.

·        Safety concerns had been addressed with the proposed fence, in line with Health and Safety Executive (HSE) guidance. There would also be a life ring and an escape route constructed of a string of tyres along the perimeter.

·        Slurry would be applied to the surrounding land in a single campaign, over the course of a week. It would not be sprayed, but dropped onto the area and would be incorporated onto the ground within 24 hours. There would, of course, be odour during the period of application, as was usual.

Councillor Jeff Beck asked for clarification as to the fencing that would be erected, and observed that there was a footpath near to the proposed site where local people walked their dogs. Mr Danks explained that an established hedgerow separated the footpath from the lagoon. The fencing was in line with the HSE sheet no. A159. It would be 1.3m minimum in height with stop-netting. To augment the stop-netting, there would also be one strand of barbed wire at a low level, to prevent dogs and other small non-domesticated animals, and another strand of barbed wire at a higher level to stop larger animals.

Councillor Roger Hunneman offered the view that all the slurry would be applied in the area of the lagoon and surrounding land and that this would mean less movement of vehicles. Mr Danks concurred, but noted that vehicles would need to get onto the land to spread the slurry and establish a command centre for distribution.

Councillor Paul Hewer asked how often slurry would be spread. Mr Danks explained that large farms were restricted in when they could apply to the land and had to provide storage for slurry. He felt it was wise to have storage that matched the quantity of slurry. Councillor Hewer commented that restricting the spreading period to a week would be better for the surrounding area.

Mr Danks concluded that having the slurry onsite gave the farm manager more flexibility, for example, it could be applied when the wind was facing away from the village.

Councillor Hilary Cole was concerned over the loss of prime agricultural land and asked if any thought had been give to an alternative method of storage. Mr Danks explained that the majority of the estate was used for agriculture business and that using slurry for its nutrients was good practice and made the land more productive. The incorporation of the earth banks in the design meant that the land could be cultivated right up to the lagoon. The proposed site was relatively small compared to the size of the estate and the land lost was not of the best grade.

Councillor Virginia von Celsing inquired if the lagoon would be emptied each year or if the amount of slurry would build up over time. Mr Danks confirmed that the estate was mindful to make best use of the capacity of the material and the storage.

The Chairman asked where the slurry was currently stored. Mr Danks described how the material was transported by tanker to be stored at nearby farms.

Councillor Hunneman asked for clarification on the ‘road crossing’ required. Mr Danks acknowledged that there was already one crossing, but that another would be needed. This would be achieved by using a plastic pipe inside a steel tube which emerged in a hydrant inside the field.

Councillor von Celsing, speaking as Ward Member, addressing the Committee raised the following points:

·        The application had been brought to Committee as there had been a few objections and it was a large construction in an AONB (Area of Outstanding Natural Beauty), the size of two Olympic swimming pools.

·        Residents had initially been concerned about the odour, but these concerns had been assuaged by the Estate assertions.

Councillor von Celsing proposed to accept Officer recommendation to grant planning permission. This was seconded by Councillor Beck.

At the vote the proposal was carried unanimously.

RESOLVED that the Head of Planning and Countryside be authorised to APPROVE planning permission subject to the following conditions:

Conditions:

Standard Time Limit

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

Standard list of approved plans

2.      The development hereby permitted shall be carried out in accordance with the approved drawings and other documents listed below:

(i)                 Location Plan reference RAC/5960/1 received on 13 May 2014;

(ii)               Existing and Proposed Site Plan and Cross-Sections reference RAC/5960/2 received on 13 May 2014;

(iii)             Landscaping Plan reference RAC/5960/3 received on 13 May 2014;

(iv)              Supporting Statement/Policy Appraisal received on 13 May 2014;

(v)                Flood Risk Assessment received on 13 May 2014.

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

Archaeological Watching Brief

3.      No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the development shall incorporate and be undertaken in accordance with the approved statement.

Reason: To ensure that any significant archaeological remains that are found are adequately recorded. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), and Policy CS19 of the West Berkshire Core Strategy (2006-2026).

Construction method statement

4.      No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The statement shall provide for:

(a)   The parking and turning of vehicles of site operatives and visitors;

(b)   Loading and unloading of plant and materials;

(c)   Storage of plant and materials used in constructing the development;

(d)   Wheel washing/cleaning facilities;

(e)   Measures to control the emission of dust and dirt during construction;

Thereafter the construction works shall incorporate, and be undertaken in accordance with, the approved statement.

Reason: To safeguard the amenity of adjoining land uses and occupiers, and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

Boundary treatment

5.      Notwithstanding the details already submitted, no development shall take place until details, to include a plan, indicating the positions, design, materials and type of boundary treatment to be erected around the completed lagoon has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed in accordance with the approved scheme before the slurry lagoon hereby permitted is first brought into use. The approved boundary treatments shall thereafter be retained.

Reason: The boundary treatment is an essential element in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters. This condition is imposed in accordance with the National Planning Policy Framework (March 2012), and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

No importation or exportation of material (soils)

6.      No excavation material shall be removed from the application site.  All excavation material shall be used within the site either for the creation of bunds or as an infill material.  Furthermore, no soil making material or other waste material shall be imported to the site for the construction of the lagoon or for any other purpose.

Reason:  To ensure that the development is carried out in accordance with the details submitted and in the interests of amenity.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

Construction of the Lagoon (soils)

7.      No development shall take place until a method statement detailing the works / operations to be carried out to complete the construction of the slurry lagoon hereby approved has been submitted to and approved in writing by the Local Planning Authority. This method statement scheme shall detail:

(a)   The methodology to be used in the excavation and placement of  the on-site materials to be used in the construction of the slurry lagoon hereby permitted

(b)   The location of any temporary top soil / sub soil / overburden storage areas

(c)   The methodology to be employed in the replacement of soil / sub soil / overburden over the completed bunds that will form the outer walls of the slurry lagoon

(d)   Details of the plant/machinery to be used in the construction operations

Thereafter the construction works shall incorporate, and be undertaken in accordance with, the approved statement.

Reason: To ensure that the development is visually acceptable within the landscape.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), and Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026).

Landscaping (scheme submitted)

8.      All landscape works shall be carried out in accordance with the submitted plans, schedule of planting and retention, programme of works and other supporting information including drawing number RAC/5960/3 received on 13 May 2014 and the Supporting Statement/ Policy Appraisal received on 13 May 2014.  The approved landscape works shall be implemented within the first planting season following completion of development or in accordance with a programme submitted to and approved in writing by the Local Planning Authority.  Any trees, shrubs, plants or hedges planted in accordance with the approved scheme which are removed, die, or become diseased or become seriously damaged within five years of completion of the approved landscaping scheme shall be replaced within the next planting season by trees, shrubs or hedges of a similar size and species to that originally approved.

Reason: To ensure the implementation of a satisfactory scheme of landscaping.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS14 of the West Berkshire Core Strategy (2006-2026).

Tree Protection (scheme submitted)

9.      Protective fencing shall be implemented and retained intact for the duration of the development in accordance with the tree and landscape protection scheme identified on approved drawing number RAC/5960/3 received on 13 May 2014 and the Supporting Statement/ Policy Appraisal received on 13 May 2014. Within the fenced areas, there shall be no excavations, no storage/mixing of lime based products or fuels, no storage of materials, or machinery, no parking of vehicles, no fires.

Reason: To ensure the protection of trees identified for retention at the site. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS14 of the West Berkshire Core Strategy (2006-2026).