MEMORANDUM
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DEVELOPMENT CONTROL COMMITTEE
17 JANUARY 2012
MINUTES
ATTENDANCE
MEMBERS OF THE COMMITTEE
C L Berry, P J Bibby,C N Brazier, N K Brook,G R Churchard, D S Drury,
B N W Hammond (Vice – Chairman),J Lloyd (substituting for S J Taylor), M D R Muir,
E T Roach, P A Ruffles, R L Shakespeare - Smith, R H Smith (Chairman), J W A Usher.
Also in attendance
W A Storey
Upon consideration of the agenda for the Development Control Committee meeting on
17 January 2012, as circulated, copy annexed, action was taken or decisions were reached on individual items as recorded below.
MEMBERSHIP
The Committee were advised and noted that J Lloyd was substituting for S J Taylor as a Member of this Committee for this meeting only.
APOLOGY FOR ABSENCE
Apology for absence was submitted on behalf of S J Taylor.
CHAIRMAN’S ANNOUNCEMENT – PROJECTION OF PLANS SEATING LAYOUT
The Chairman advised that the trial at the last meetingof projectingplans etc. on to the large screen during proceedings involved varying seating arrangements for Committee members. Following subsequent discussions between the Committee Spokesmen it had been decided to not continue with such arrangements at future meetings given the Chairman’s view of all meeting attendees was restricted and not ideal.
He stated that Jon Tiley was speaking to colleagues about the possibilities of improving
the facilities in the Council Chamber which was being pursued to see if the use of the Council Chamber by external users could be increased. He felt that should this lead to the Council Chamber IT facilities being improved then it may be an opportune time to reconsider
projection of plans during committee meetings.
MINUTES
The Minutes of the Committee meeting held on 20December 2011 were confirmed as
an accurate record.
PUBLIC PETITIONS
No petitions were presentedto this meeting.
NOTIFICATION OF OTHER BUSINESS
None notified.
MOTIONS
None notified.
1.WELWYN HATFIELD BOROUGH - APPLICATION FOR Proposed construction of an Anaerobic Digestion (AD) plant using
food waste as feedstock and designed to generate
1.0MW renewable energy at The Slip, Cattlegate Farm,
Cattlegate Road, NORTHAW & CUFFLEY, Nr Enfield
[Officer contact : Iain Leech tel : 01992 556225]
Borough Councillor C Couchon behalf of residents of Northaw & Cuffley made a presentation opposing the planning application.
Mr A Williams, the applicant, made a presentation supporting the planning application.
In the absence of the Chairman of Northaw & Cuffley Parish Council, A Priest, who was unwell, Ms A Russ, Vice - Chairman of Northaw & Cuffley Parish Councilmade a presentation opposing the planning application.
In the absence of Mr M Thornhill,the Committee noted receipt of the petition containing 627 signatories submitted on behalf of residents of Cuffley & Northaw.
The Planning Officer, Development Management, Spatial & Land Use Planning, Environment & Commercial Services Department advised that this application
was one of two applications for this farm with this application being for the provision of an Anaerobic Digestion (AD) plant. The second application for a windrow composting facility was likely to be brought to a subsequent meeting of the Committee when odour issues had been clarified.
He advised that reference should have been made in paragraph 5. of the submitted agenda report to the Crews Hill Residents’ Associationwiththeir comments being as detailed in the summaryin paragraph 5.13. Their prime comments were that: -
- the proposal would be inappropriate development in the Green Belt.
- the access to the site is very hazardous
- the proposed number of HGVs would constitute a highway safety hazard to other road users and cause noise and vibration to local villages
- 24hr operation of the plant would generate constant odour and noise.
He also advised that the local MP Charles Walker had forwarded copies of letters he had received from his constituents with regards to the planning application and asking that the concerns of local residents be taken into account when considering this application.
He brought the Committee’s attention to an email dated 16 January 2012 from a local resident (David Cullingford Development Consultancy)who commented that he disagreed with the report recommendation conclusion ‘that there will be no significant environmental impact.’ with the reportgoing on to acknowledge that there will be such an impact but that this is outweighed by the benefits from the proposal. He felt that his points raised in his letter have been largely ignored and asked for his views to be brought to attention at the Committee meeting.
Also Network Rail hadformally responded stating they had no objection in principle subject to consideration of matters and planning conditions to be imposed. The prime matters raised were drainage; assurances on works being undertaken under the railway viaduct and embankments; boundary safety near the railway line - provision of barriers, fencing and external lighting and types of trees planted near the railway line. He stated that their requests had been incorporated into the suggested recommendationscontained within order of business circulated at the start of the meeting to all Members and attendees today.
The Planning Officer commented that in accordance with arrangements for other Hertfordshire waste treatment plants the hours of deliveries on Saturdays was now suggested to be changed to be limited to half day working with the proposed hours being 08.00 till to 13.00 on Saturdays.
The applicant would be required by a planning condition to give details of how the electricity generated would be connected to the national grid, preferably by underground cabling.
In response to concerns relating to odour being generated from the proposed Anaerobic Digestion Plant reference was made to a Member visit undertaken of a similar Anaerobic Digestion Plant located in Bedfordat which no significant odour was experienced outside of the plant.
In response to a request, the Planning Officer stated it would be possible to require bird and bat boxes to be incorporated within the wildlife and habitat plan to be put forward and approved. A request was also made for oak trees to be planted wherever possible on the site as part of the landscaping scheme.
The Team Leader, Development Management, Spatial & Land Use Planning, Environment & Commercial Services Department advisedthat it was estimated that over 200,000 tonnes of commercial and industrial food waste is generated in Hertfordshire and that amount of food waste should be looked to be treated within Hertfordshire. He stated that given the existing and proposed food waste treatment plants in Hertfordshire [Baldock and Hoddesdon] there was a need for this proposed AD Plant. In accordance with PPS 10 planning authorities were expected to provide for waste being disposed of at nearest facilities and as the site was close to Enfield and north London it could be seen to be contrary to PPS 10 to preclude importation of waste from north London. Furthermore given that some Hertfordshire waste was exported out of the county for disposal at nearby out of county sites, it would not be seen to be even handed to preclude London waste.
The Team Leader, Development Management,in response to a question explained the process likely to be followed involving the application being referred to the Secretary of State together with all the draft planning conditions proposed.
In the event of the Secretary of State deciding not to call in the application, the heavy goods vehicles routeing and any other issues would need to be incorporated into a legal agreement and this would need to be completed prior to planning consent being issued.
Reference was made to the site visit undertaken by Committee members on
10 January 2012 and the measures that would be undertaken to segregate walkers using the Footpath and lorries using the access road. To offset against the possibility of lorries queuing on Cattlegate Road waiting to access the site, the site operators would be suggested to keep the gates open during specified delivery hours. The Team Leader, Development Management stated that it was understood that the operational arrangements involved the applicant being aware when deliveries would take place and such access problems should not occur.
The local CountyCouncillor for Hatfield Rural stated that there had been considerable local concern about the two applications for this site involving the composting / recycling of waste which had been submitted at the same time but it was unfortunate that both applications had not been considered together. As regards the application for the Anaerobic Digestion plant he did not consider HGV movements to the site would be that significant given they would not involve travelling through the village of Cuffley and were only 10 in and 10 out daily.
The local concern expressed about odour based upon that experienced in factory farms in America was not the mode of operation being considered here as the AD plant was an enclosed facility with the odour being contained and suppressed by air pressure within the building. He felt that the digestate being produced by the AD plant which was proposed to be used as fertiliser and spread on agricultural land on this and adjoining land would have a similar odour to silage which is experienced on most farms. He did feel that there was a need for the entrance to this site to be improved should planning consent for the AD plant be approved.
RESOLVED
That for the reasons set out in the report and subject to referral to the Secretary of State as a departure from green belt policy and the conclusion of a legal agreement(s) for rights of way improvements and HGV routeing, the Director Environment and Commercial Services be authorised to grant planning permission including the conditions outlined below :-
Time Limit for Commencement:
1.The development to which this planning permission relates shall be begun before the expiration of a period of three years commencing on the date of this permission.
Reason: To comply with Section 51 of the Planning & Compulsory Purchase Act 2004.
Limit of Operations:
2. The development hereby permitted shall, except where modified by this Schedule of Conditions, be undertaken in accordance with the provisions of the planning application dated 22 August 2011 and the following plans and documents:
Drawing no. CF/Location - Location Plan
Existing Levels Survey – northern and southern
Xergi drawings nos:-
80044-100-S911 Rev G Site Layout
80044-100-S939-1 Rev D Proposed Site Scene Elevations
80044-100-GF Gas flare stack
80044-100-EC JMC320 Engine Container
80044-100-BF Biofilter
10573-310 Boiler Module
10573-312 Heat Distribution Module
Bowie Lockwood Structures Ltd drawings nos:-
1134-101A Reception Hall for receiving waste
1134-102 Workshop and WelfareFacilitiesBuilding
1134-103 Dewatering Hall (with possible future nano separation or heat exchange facilities)
1166-02A Drainage details
Liz Greenwood drawings nos:-
201.10.1D Site Layout in Landscape Context
201.10.2B Tree Constraints Plan
201.10.3 Tree Protection Plan
201.10.4B Sections
201.10.5A Landscape Proposals
N/12696/C/03 Sub Station
Documents:
An FRA by Michael Thomas Consultancy
A Tree Survey and Arboricultural Impact Assessment by Ms Liz Greenwood
A Landscape and Visual Impact Assessment by Ms Liz Greenwood
An Archaeological Appraisal by Archaeological Solutions
A Transport Assessment by David Tucker Associates Transport Consultants
An Odour Impact Assessment by The Airshed
A Phase 1 Habitat Survey and Protected Species Assessment by MaydencroftLand Advisory
Technical Specification for the Bio Filter by Xergi
Noise Report by Xergi including noise details, a map indicating primary sources of noise and noise calculations
Reason: To ensure that an orderly programme of operations is carried out in such a way that the adverse effects on local amenity are kept to a minimum.
Hours of Operation:
- Unless prior approval in writing by the Waste Planning Authority has been given, no importation of waste shall be undertaken at the site except during the following hours:
0800 – 1800, Monday to Friday
0800 – 1300 on Saturdays
With no HGV deliveries on Sundays and Bank Holidays.
Reason: To minimise the adverse impact of operations on the local community.
- There shall be no more than 20 daily HGV movements (10 in and 10 out) Monday to Friday with no more than 6 movements (3 in and 3 out) on Saturdays.
Reason: In the interest of highway safety.
- Before the commencement of the development, a digestate management plan shall be submitted and approved in writing by the Waste Planning Authority. This shall include details of digestate storage, the times and method of spreading and a plan showing areas of land upon which digestate would be spread.
Reason: In order to minimise any potential odour
- Before the commencement of the development, details of materials to be used for the external surface of the building and details of external treatment shall be submitted to and approved in writing by the Waste Planning Authority.
Reason: In the interests of visual amenity.
Landscape:
- Before the commencement of the development, a detailed landscaping scheme shall be submitted and approved in writing by the Waste Planning Authority. This shall include details of tree and hedge planting including positioning of planting and proposed species.
Reason: To ensure a high standard of landscaping.
Tree Protection:
- Before the commencement of the development, a tree protection method statement shall be submitted for the written approval of the Waste Planning Authority. This shall include details of tree protection and tree root protection measures.
Reason: To ensure the protection of existing trees on site.
Archaeology
- No development shall take place/commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:
- The programme and methodology of site investigation and recording
- The programme for post investigation assessment
- Provision to be made for analysis of the site, investigation and recording Provision to be made for publication and dissemination of the analysis and records of the site investigation
- Provision to be made for archive deposition of the analysis and records of the site investigation
- Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
- The demolition/development shall take place/commence in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under Condition 8
- The development shall not be occupied/used until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 8 and the provision made for analysis and publication where appropriate.
Surface water Management
- Before the commencement of development, a scheme to collect and dispose of surface water run-off and provide secondary containment for all tanks has been submitted to, and approved in writing by the Waste Planning Authority. The scheme shall be implemented as approved.
Reason: To prevent pollution to the local watercourse.
Wildlife:
- The development shall not commence until a wildlife habitat plan has been submitted and approved by the Waste Planning Authority. The plan shall give details of and a timetable for habitat creation as set out in Appendix C, Drawing 6 of the Extended Phase 1 Habitat Survey and Protected Species Survey (by Maydencroft Land Advisory dated November 2010)
Reason: To secure biodiversity benefits as part of the development.
Grid Connection:
- Before the commencement of the development, details and route of the grid connection shall be submitted for the written approval of the Waste Planning Authority. Any grid connection should be via an underground cable unless otherwise agreed in writing by the Waste Planning Authority.
Reason: To minimise the visual impact of any grid connection.
External Lighting:
- Before the installation of any external lighting, full details of the proposed lighting shall be submitted and approved in writing by the Waste Planning Authority.
Reason: To minimise any visual impact and in the interests of railway safety.
Development Method Statement:
- Unless otherwise agreed in writing, a development method statement should be submitted and approved in writing before the commencement of the development. This should include details of construction in proximity to the railway boundary, provision of fencing to prevent trespass onto the railway and details of any safety barriers to protect the railway from vehicles as necessary.
Reason: To ensure the development does not impact upon the adjacent railway line.
2.HERTSMERE BOROUGH - APPLICATION FOR THE CONSTRUCTION OF
A TWO STOREY DETACHED CLASSROOM BLOCK, PAVEMENTS,
EXTERNAL HARD PLAY AREAS AND ADDITIONAL CAR PARKING AT SUMMERSWOODPRIMARY SCHOOL, FURZEHILLROAD, BOREHAMWOOD
[Officer contact : Kim Harding tel : 01992 555234]
Ms K Leahy, Senior School Planning Officer, on behalf of the applicant, made a presentation supporting the planning application being considered at today’s meeting which was proposed to meet the need for additional school places in Borehamwood.
The Senior Planner, Spatial & Land Use Planning, Environment & Commercial Services Department advised that this planning application was for the expansion of the school from a 1 Form Entry to a 2 Form Entry school with effect from 1 September 2012.
In response to a question she stated that the monitoring and reviewing of the two ‘park and stride’ places and arrangements as part of the School Travel Plan would ascertain the effectiveness of the setting down and picking up of pupils, although she was not overly confident they both would be well used.
She outlined the reasons why it was preferable to provide a multi purpose covered, cycle, scooter and buggy shelter on the site and to accommodate a minimum of 40 rather than 50 spaces at the school.
In response to the possibility of measures to mitigate current flooding problems near the school entrance, the Team Leader, Development Management, Spatial & Land Use Planning, Environment & Commercial Services Department stated that in determining this planning application it was not possible to impose planning conditions to deal with shortcomings of previous planning consent for the school.
RESOLVED
That, for the reasons set out in the report, the Director Environment and Commercial Services be authorised to grant planning permission subject to conditions to include:
Time limit for commencement