planning committee 1 november 2016 county matter waste ... · purposes. the operation is...

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Planning Committee Agenda Item No. 4ii 1 November 2016 County Matter Waste Application Extension to existing glasshouses; development of an on-farm anaerobic digestion plant and associated infrastructure for the generation of biomethane, CO 2 , electricity and heat, grid connection, digestate lagoon, access and landscaping Land at Wicks Farm, Ford Lane, Ford, Arundel, West Sussex, BN18 0DG Application No: WSCC/026/16/F Report by Strategic Planning Manager Local Member: Mrs Joan Phillips District: Arun Executive Summary This report considers an application to use an area of land, within the Wicks Farm landholding to the north of Ford Lane at Ford, as an anaerobic digestion facility managing up to 50,000 tonnes of agriculturally-derived waste each year. The anaerobic digestion plant would generate electricity as well as up to 28,000m 3 of biomethane and carbon dioxide (CO 2 ) gas per day which would be exported by road. It is also proposed to extend the existing permitted glasshouses. Wicks Farm forms part of a larger agricultural operation currently in arable crop rotation extending over the local area (approximately 1,215ha). The existing glasshouses are let to local horticultural businesses. The applicant is seeking to expand horticultural activity and diversify through the development of an anaerobic digestion facility. The application site is not allocated for built waste management uses in the West Sussex Waste Local Plan (2014). The report provides a generalised description of the site and a detailed account of the proposed development, and appraises it against the relevant policy framework. The main policies of relevance to this application are policies W1, W3, W11, W12, W15, W16, W17, W18m W19 and W21 of the West Sussex Waste Local Plan (2014), policies GEN3, GEN7, GEN9, GEN21, GEN32, GEN33, GEN34 and DEV3 of the Arun District Local Plan (2003), policies CPN17 and CPN18 of the Clymping Neighbourhood Plan 2015 – 2030, policies C SP1, SD SP3, LAN DM1, HOR DM1, D DM4, ECC DM1, HER DM6, QE DM1 and QE DM3 of the Arun Local Plan 2011 – 2031 (Publication Version), paragraphs 14, 17, 32, 111, 120, 123, 186, 187, 196, 197 and 203-206 of the National Planning Policy Framework, paragraph 47 of the Planning Practice Guidance: Waste, and paragraph 7 of the National Planning Policy for Waste. In terms of statutory consultee responses, Clymping Parish Council, Ford Parish Council and Yapton Parish Council all object to the application. Concerns raised relate to increased Heavy Goods vehicle (HGV) movements; the scale of the anaerobic digestion plant; proximity of the plant from the source of waste material; the location is unsuitable; there would be a cumulative impact associated with other

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Page 1: Planning Committee 1 November 2016 County Matter Waste ... · purposes. The operation is considered, within the policy context, as a built waste management facility which in principle

Planning Committee Agenda Item No. 4ii 1 November 2016 County Matter Waste Application Extension to existing glasshouses; development of an on-farm anaerobic digestion plant and associated infrastructure for the generation of biomethane, CO2, electricity and heat, grid connection, digestate lagoon, access and landscaping Land at Wicks Farm, Ford Lane, Ford, Arundel, West Sussex, BN18 0DG Application No: WSCC/026/16/F Report by Strategic Planning Manager Local Member: Mrs Joan Phillips District: Arun

Executive Summary This report considers an application to use an area of land, within the Wicks Farm landholding to the north of Ford Lane at Ford, as an anaerobic digestion facility managing up to 50,000 tonnes of agriculturally-derived waste each year. The anaerobic digestion plant would generate electricity as well as up to 28,000m3 of biomethane and carbon dioxide (CO2) gas per day which would be exported by road. It is also proposed to extend the existing permitted glasshouses. Wicks Farm forms part of a larger agricultural operation currently in arable crop rotation extending over the local area (approximately 1,215ha). The existing glasshouses are let to local horticultural businesses. The applicant is seeking to expand horticultural activity and diversify through the development of an anaerobic digestion facility. The application site is not allocated for built waste management uses in the West Sussex Waste Local Plan (2014). The report provides a generalised description of the site and a detailed account of the proposed development, and appraises it against the relevant policy framework. The main policies of relevance to this application are policies W1, W3, W11, W12, W15, W16, W17, W18m W19 and W21 of the West Sussex Waste Local Plan (2014), policies GEN3, GEN7, GEN9, GEN21, GEN32, GEN33, GEN34 and DEV3 of the Arun District Local Plan (2003), policies CPN17 and CPN18 of the Clymping Neighbourhood Plan 2015 – 2030, policies C SP1, SD SP3, LAN DM1, HOR DM1, D DM4, ECC DM1, HER DM6, QE DM1 and QE DM3 of the Arun Local Plan 2011 – 2031 (Publication Version), paragraphs 14, 17, 32, 111, 120, 123, 186, 187, 196, 197 and 203-206 of the National Planning Policy Framework, paragraph 47 of the Planning Practice Guidance: Waste, and paragraph 7 of the National Planning Policy for Waste. In terms of statutory consultee responses, Clymping Parish Council, Ford Parish Council and Yapton Parish Council all object to the application. Concerns raised relate to increased Heavy Goods vehicle (HGV) movements; the scale of the anaerobic digestion plant; proximity of the plant from the source of waste material; the location is unsuitable; there would be a cumulative impact associated with other

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waste management operations in the locality. No other objections have been raised by statutory consultees. To date, the application has generated a total of eight third-party representations. Four have raised objections, one has raised a concern, and three support the planning application. Consideration of Key Issues The main material considerations in relation to this application are:

• the principle of the development;

• the impact on highway capacity and road safety; and

• the impact on the environment and local amenity. Principle of the Development In principle, the proposed glasshouse extension and development and operation of an anaerobic digestion facility is considered to be acceptable. The glasshouse extension is considered an acceptable use of agricultural land, particularly as there are existing glasshouses on the site. Although the site of the proposed anaerobic digestion facility is not allocated by the Waste Local Plan, the nature of the proposed operation is small-scale (processing up to 50,000tpa of feedstock material), it would serve a local area (the applicant’s landholding area only), it would process waste for reuse within the agricultural unit, and it would have good links to the Lorry Route Network. The annual throughput of the AD plant and the source of the feedstock could be controlled through conditions. The proposed development is therefore considered to be acceptable in principle. Impact on Highway Capacity and Road Safety The development would result in a maximum of 50 vehicle movements per day (25 in and 25 out, including both feedstock importation and gas exportation); this could be controlled through a condition. There is an opportunity to improve and upgrade the western access of the site which would provide the main entrance and egress with suitable visibility splays. The existing trips associated with the storage and distribution of crops would no longer occur should the anaerobic digestion facility be developed, being replaced instead by trips associated with feedstock delivery and biogas exportation. The Local Highways Authority is satisfied that the number of movements generated would not have a detrimental impact upon the operation of the local highway network and Ford Lane and raises no objection subject to conditions regarding a construction management plan and access improvements (visibility splays). A Traffic Management Plan is also proposed to ensure that only a prescribed route is used by HGVs associated with the development; this would be secured through a S106 legal agreement. Impact on the Environment and Local Amenity The character of the site with its agricultural buildings, the flat landform and enclosure provided by the existing trees and hedgerows indicate that the surrounding landscape has the ability to accommodate the proposed development. With additional soft landscaping measures applied, the site would be well screened and therefore accords with the relevant planning policy tests regarding landscape and visual impact. The site contains no archaeological features or heritage assets

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and any potential impact upon these is considered to be low, provided that a condition is in place to ensure that any features found during construction are recorded. Provided that there is adequate mitigation and controls in place, the construction and operational impacts of the proposed scheme in terms of noise, dust and light pollution are considered to be acceptable. Overall Conclusion Planning permission is sought to develop an anaerobic digestion facility at Wicks Farm, Ford to process up to 50,000tpa of agriculturally derived feedstock material in order to generate biogas in the form of biomethane and CO2. The biogas would be exported by HGV and the existing glasshouse would be extended for horticultural purposes. The operation is considered, within the policy context, as a built waste management facility which in principle is considered to be acceptable both in terms of need, location, scale and appearance. The annual throughput of the AD plant and the nature of the feedstock could be controlled through conditions. Impact upon the highway is considered to be acceptable, given that site access improvements are proposed together with a condition limiting HGV movements and HGV routeing which would be secured through a legal agreement. Subject to conditions, the impact on the environment and amenity would not be significant in terms of odour, dust, noise, lighting, surface water drainage or heritage assets and archaeology. Overall, it is considered that the development is acceptable in terms of the development plan and other material considerations. Recommendation That planning permission be granted subject to:

(a) the conditions and informatives in Appendix 1; and

(b) the applicant entering into a s106 legal agreement to control HGV routeing to and from the site.

1. Introduction 1.1 Planning permission is sought to extend the existing glasshouses and develop

an anaerobic digestion (AD) plant and associated infrastructure for the generation of biomethane on land at Wicks Farm, Ford Lane, Ford.

1.2 The AD plant would manage up to 50,000 tonnes per annum of agriculturally-derived waste and generate biomethane gas for export from the site each year. The glasshouse extension would allow the existing horticultural operation on site to expand.

1.3 The application site is not allocated for built waste management uses in the

West Sussex Waste Local Plan (2014).

2. Site and Description 2.1 The application site forms part of Wicks Farm, located in Ford Parish in a

predominantly rural location (see Appendix 2 – Site Location). The site is on Ford Lane, approximately 900m to the west of the village of Ford, 1.4km to the north east of the village of Yapton and 1.8km to the north west of the village of Clymping. The town of Littlehampton lies approximately 3km to the south east

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of the site. Ford Lane Business Park and Trading Estate are located adjacent to Wicks Farm, to the east and Ford Airfield Industrial Estate lies approximately 865m to the south.

2.2 The application site extends to some 3.9 hectares. The proposed AD facility and glasshouse are proposed to the north of Ford Road and the proposed lagoon is located to the south of Ford Road (see Appendix 3 – Application Boundary).

2.3 The site of the proposed AD plant and glasshouse extension (the ‘main site’) currently contains one large storage building located in the centre of the site surrounded by hardstanding, two silos, a weighbridge and an array of barns. The eastern section of the site contains a glasshouse on a grassed area. The area is enclosed with trees along the northern, eastern and southern site boundaries. It is currently used as a central collection and distribution point for all of the produce originating from the land within the Wicks Farm landholding.

2.4 The main site is bounded to the north and west by agricultural fields within the ownership of the applicant, beyond which runs the main railway line serving the south coast. Immediately to the east, the site is bounded by a mature hedgerow, existing consented glasshouses (only one of which has been built) and a row of residential dwellings (Wicks Cottages and Fir Tree Cottages) the closest of which is located within 60m of the application boundary. The southern boundary of the application site runs through the existing farm yard (excluding the existing weighbridge and agricultural barns).

2.5 The proposed digestate lagoon would be located approximately 550m to the

south of Ford Lane and the main site. The area forms part of the overall application site, and is bounded entirely by agricultural land under the ownership of the applicant. The digestate lagoon would be linked to the AD plant via an underground pipe running under Ford Lane and parallel to an existing farm track running south. The lagoon site is accessed from Ford Lane to the north which runs in an east- west direction.

2.6 Ford Lane links with North End Road to the west and Ford Road to the east. Ford Road links some 2.4km south to the A259 at Clymping and forms part of the Strategic Lorry Route.

2.7 The site is located within Flood Zone 1 (defined as land having less than 1 in 1,000 annual probability of river or sea flooding). Flood risk is therefore low.

2.8 The landscape setting is predominantly flat arable land, where fields are bounded by hedgerow. Although no public rights of way run through the site, a number of footpaths run close to it, with the nearest approximately 150m to the west, crossing Ford Lane and running south towards Church Farm. Another footpath runs approximately 360m to the west of the site, running up from the north of Ford Lane, between the Trading Estate and Business Park, over the railway line and towards Slate Barn Farm to the north (see Appendix 2 – Site Location).

2.9 The site is not within an area designated for landscape, ecological or historic

reasons, and is not within a groundwater source protection area.

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3. Relevant Planning History 3.1 The relevant planning history relating to the application site is summarised as

follows: F/21/11: New glasshouse north of farmyard and farm cottages.

(Approved 01/12/2011);

F/18/07: Alterations to external cladding and replacement roof in respect of commercial conversion (Refused 24/12/2007);

F/17/07: Replacement agricultural building (Refused 23/11/2007);

F/23/05: Demolition of existing silo structures and the proposed erection of a single storey building to be used as offices (Approved 20/12/2005);

F/23/00: Change of use from machinery maintenance, storage and repair and builders workshop and storage to offices for audio production (Approved 02/10/2000); and

F/33/92: Use of redundant dairy building for Use Class B1 (Business).

4. The Proposal 4.1 The applicant is seeking planning permission to extend the existing

glasshouses; and for the development of an on-farm AD plant and associated infrastructure for the generation of biomethane, carbon dioxide (CO2), electricity and heat; grid connection, digestion lagoon, access and landscaping (see Appendix 4 – Site Layout). Anaerobic Digestion Plant

4.2 Anaerobic digestion is a biological process where organic material is broken down by bacteria, in the absence of oxygen, to produce biogas (a mixture of methane, carbon dioxide, hydrogen, hydrogen sulphide and water vapour) and biofertiliser (liquid and solid fraction digestate). The biogas can be used either as gas for fuel, or converted into electricity. Digestate is a compost-like substance which is used as a fertiliser.

4.3 The AD facility would process of up to 50,000 tonnes/year of agricultural waste

materials (feedstock including farm yard manure, slurry, and rejected/waste crops) from within the Wicks Farm landholding (approximately 1,215ha - see Appendix 4: Site Layout; Appendix 5 – Site Cross Section; and Appendix 6 – Wicks Farm Landholding). Biogas collected from the plant would be ‘cleaned’ to produce biomethane (similar to natural gas) which would be tankered off site, and CO2 which would be used in glasshouses on-site for propagation, or bottled and sold.

4.4 Specifically, planning permission is sought for the installation of the following:

• Three Feedstock Clamps: concrete bays to 3m in height for the storage of up to 18,000m3 (total) of material outside peak crop season (December to March).

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• Storage Bay: a concrete bay of 3m in height providing storage for up to 3,000m3 of feedstock material during the harvest period.

• Three Mixer Feeders and Three Macerator Pumps: front loaders would feed material from the storage bays/clamps into mixer feeders (3.9m in height, 3m in width, and 15m in length), before passing into macerator pumps (2.5m in height, 2.4m in width, 6m in length);

• Three Digester Tanks: 6m in height, 30m in diameter, providing for the anaerobic digestion process itself.

• Three Separators: 9.3m in height, 5.5m in with, combined total length of 12m. Used for separating digestate, linked via underground pipes, into solid and liquid fractions.

• Three Pasteurisation Tanks: 5m in height, 3m in width, collective length of 8.4m, to pasteurise digestate to ensure suitable for land spreading.

• Three Liquid Storage Tanks: 6m height, 8m diameter, collective length 19.4m. Temporary storage for liquid digestate which would then either go back into the AD system, or transferred to the digestate storage lagoon for use as fertiliser.

• Three Biomethane Storage Tanks: 3.3m height, 11.4m long, 2m width.

• Three Biomethane Upload Stanchions: akin to petrol pumps, used for transferring compressed biomethane for export.

• Flare: 3.5m in height, for use in emergency situations when the amount of gas produced exceeds the storage capacity, or during maintenance.

• Site Office/Reception: 2.5m in height, 60m2 in area, providing site office, control room, plant room and site welfare facilities.

• Workshop/Machinery Store: 9m in height, 450m2 in area, with appearance to match existing agricultural buildings.

• Digestate Lagoon: lined lagoon located some 495m south of Ford Lane, for management of liquid digestate (pumped from main site via underground pipes). Surface area of 6,040m2, with depth of 7m, enclosed with a mesh fence to 1.3m in height.

4.5 Other equipment to be provided on the main site comprises two oxygen

generators, a biogas treatment plant, a combined heat and power (CHP) unit, a biogas boiler, a low voltage distribution plant, a DNO (Distribution Network Operator) substation/transformer, and a weighbridge.

4.6 Feedstock would be entirely from within the Wick Farm landholding, and would be delivered to the AD plant on 12 tonne tractors and trailers, with a maximum of 44 such movements each day (22 in and 22 out).

4.7 Gas export would result in an additional 6 HGV movements each day (3 in and

3 out).

4.8 The AD site would be accessed from an improved and separated ‘western’ access on Ford Lane (see Appendix 7 – Proposed Access General Arrangement), with vehicles accessing the glasshouses using the eastern access.

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4.9 Feedstock deliveries would be made by tractor and trailer and utilise the local road network and off-road routes via the Wicks Farm landholding as existing practice. All HGVs (including those exporting gas from the site) would travel along a prescribed route via Ford Lane and Church Lane to reach the Strategic Road Network at the A259 or A27.

4.10 Five full-time jobs would be created as a result of the proposed development,

with four new car parking spaces provided within the site. 4.11 Landscaping is proposed along the northern and western boundaries, along with

the planting of gaps within the existing hedgerow along the eastern and part of the southern boundary (Appendix 8 - Proposed Landscaping).

4.12 The hours sought by the applicant for staff and feedstock deliveries are:

• 07:30 to 18:00 Monday to Friday;

• 07:30 to 12:30 on Saturday; and

• No deliveries on Sunday or Bank Holiday.

The applicant states that the export of gas would be required seven days per week.

Glasshouse Extension

4.13 The permitted glasshouses (of which only one has been built) cover an area of 4,096m2. Through this application, the applicant is seeking permission for the extension of an existing glasshouse by 2,048m2 over an area currently occupied by arable fields (see Appendix 9 – Glasshouse Elevation). As a result of the proposed extension, the total area occupied by glasshouses at the site would be 6,144 m2.

5 Environmental Impact Assessment (EIA) 5.1 The application is for a waste development of more than 0.5 hectares and

within 100 metres of controlled waters, so falls within Part 11(b) of Schedule 2 of the EIA Regulations relating to ‘installations for the disposal of waste’. In response to a Screening Request submitted on 27 April 2016, a Screening Opinion was issued by the County Council on 3 May 2016 confirming that the development was not considered likely to give rise to significant environmental effect within the meaning of the EIA Regulations 2011. It was therefore concluded that EIA is not necessary.

6. Policy 6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that

applications are determined in accordance with the statutory ‘development plan’ unless material considerations indicate otherwise (as confirmed in paragraphs 2 and 196 of the National Planning Policy Framework (‘the NPPF’)). For the purposes of this application, the statutory development plan is considered to comprise the West Sussex Waste Local Plan (2014), the Arun District Local Plan (2003), and the Clymping Neighbourhood Plan 2015 – 2030 (October 2015).

6.2 The key policies in the development plan, which are material to the determination of the application, are summarised below. In addition, reference

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is made to relevant national planning policy guidance and other policies that guide the decision-making process and which are material to the determination of the application. West Sussex Waste Local Plan 2014

6.3 The following policies have been considered for this planning application:

• Policy W1: Need for Waste Management Facilities;

• Policy W3: Location of Built Waste Management Facilities;

• Policy W11: Character;

• Policy W12: High Quality Developments;

• Policy W13: Protected Landscapes;

• Policy W15: Historic Environment;

• Policy W16: Air, Soil and Water;

• Policy W17: Flooding;

• Policy W18: Transport;

• Policy W19: Public Health and Amenity; and

• Policy W21: Cumulative Impact.

Arun District Local Plan (2003)

6.4 The following ‘saved’ policies have been considered:

• Policy GEN3: Protection of the Countryside;

• Policy GEN 7: The Form of New Development;

• Policy GEN 9: Foul and Surface Water Drainage;

• Policy GEN21: Renewable Energy;

• Policy GEN28: Trees and woodlands

• Policy GEN32: Noise Pollution;

• Policy GEN 33: Light Pollution;

• Policy GEN34: Air Pollution;

• Policy DEV3: Horticulture. Clymping Neighbourhood Plan 2015 – 2030

6.5 The following policies have been considered:

• Policy CPN8: Protection of Open Views;

• Policy CPN9: Protection of Trees and Hedgerows;

• Policy CPN11: Protection of High Grade Agricultural Land;

• Policy CPN 12: Quality of Design;

• Policy CPN13: Reducing the risk of flooding;

• Policy CPN17: Mitigating the adverse traffic effects of development in the surrounding area; and

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• Policy CPN18: Traffic and the environment. National Planning Policy Framework (2012)

6.6 The NPPF sets out the Government’s planning policies for England and outlines how these are expected to be applied. It does not form part of the development plan but is a material consideration in determining planning applications.

6.7 For the present application, the relevant paragraphs in the NPPF are considered

to be as follows:

• 14 (presumption in favour of sustainable development, and approving development that accords with the development plan)

• 17 (core planning principles)

• 32 (consideration of sustainable transport opportunities, safe access, and improvements)

• 97 (supports policies supporting renewable and low carbon energy);

• 98 (applications for renewable energy should be supported if impacts can be made acceptable);

• 111 (encourage re-use of brownfield land)

• 120 (ensuring new development appropriate for location taking into account impact of pollution on health and the environment)

• 123 (avoiding and mitigating the impact of noise and other adverse impacts on health and quality of life)

• 186 (positive decision making)

• 187 (securing developments that improve the local economic, social and environmental conditions)

• 196 (determining applications in accordance with the development plan)

• 197 (presumption in favour of sustainable development); and

• 203-206 (use of planning conditions)

National Planning Policy for Waste (October 2014)

6.8 The National Planning Policy for waste sets out detailed waste planning policies to reflect the Waste Management Plan for England (December 2013).

6.9 Paragraph 7 notes that in determining planning applications, waste planning authorities should, among other things, only expect applicants to demonstrate need for facilities where proposals are not consistent with an up-to-date Local Plan; consider the likely impact on the environment and amenity against identified criteria; make sure facilities are well designed so they contribute positively to the character and quality of the area; and not control processes which are a matter for other authorities [the Environment Agency and environmental health controls].

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National Planning Practice Guidance: Waste

6.10 PPGs set out the Government’s planning guidance to be read in conjunction with the NPPF. They do not form part of the development plan but are a material consideration in determining planning applications.

6.11 Paragraph 46 relates to the use of unallocated sites. Applicants should be able to demonstrate that the envisaged facility will not undermine the waste planning strategy through prejudicing movement of waste up the Waste Hierarchy. Also, if the proposal is consistent with an up to date Local Plan, there is no need to demonstrate ‘need’.

6.12 expansion of existing facilities, stating that the fact that a site has hosted a waste disposal facility before should not lead to the assumption that it is appropriate to add to these, noting the importance of considering the cumulative effect of previous waste disposal facilities on communities and, where relevant, impacts on environmental quality, social cohesion and inclusion and economic potential.

National Planning Practice Guidance: Renewable and Low Carbon Energy

6.13 Paragraph 001 of the Renewable and Low Carbon Energy PPG recognises that

an increase in the amount of energy from renewable and low carbon sources will help to ensure that the UK has a secure energy supply, reduce greenhouse gas emissions, to slow down climate change and stimulate investment in new jobs and businesses. Although the guidance does not specifically refer to AD, it does recognise (para 006) that a key issue for renewable energy developments (such as biomass) would be to ensure that transport links are appropriate. EU Council Directive 2008/98/EC

6.14 By virtue of the Waste (England and Wales) Regulations 2011 when determining any application for planning permission that relates to waste management (article 18) the planning authority is required to take into account EU Council Directive 2008/98/EC which sets out the objectives of the protection of human health and the environment (article 13) and self-sufficiency and proximity (first paragraph of article 16(1), article 16(2) and (3)). Case law has confirmed that these articles are objectives at which to aim. As objectives they must be kept in mind whilst assessing the application and provided this is done, any decision in which the furtherance of the objectives are not achieved, may stand.

Emerging Arun Local Plan 2014 (Publication Version)

6.15 Consideration of this emerging policy document was suspended in February 2016, as agreed by Arun District Council and the Planning Inspectorate to allow further work to be carried out. The majority of policies do not require modification so can be given significant weight, particularly given their advanced stage through the adoption process.

6.16 The relevant policies are:

• Policy SD SP1: Sustainable Development;

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• Policy C SP1: Countryside;

• Policy D DM1: Aspects of Form and Design Quality;

• Policy D SP1: Design;

• Policy ECC DM1: Renewable Energy;

• Policy QE DM1: Noise Pollution;

• Policy QE DM3: Air Pollution; and

• Policy HOR DM1: Horticulture. 7. Consultations 7.1 Arun District Council (Planning): No objection. Note benefit of renewable

energy and rural diversification; visual impact considered acceptable as scale of AD plant similar to existing and glasshouse screened by trees and existing buildings.

7.2 Arun District Council (Environmental Health Officer): No objection. Following initial concern regarding a lack of consideration of odour impact associated with the anaerobic digestion facility, they are now satisfied that subject to a condition requiring an odour management plan, there would not be an unacceptable impact on amenity in terms of odour.

7.3 Arun District Council (Economic Development Team): Supports the proposed development as it would provide 5 additional jobs

7.4 Clymping Parish Council: Object due to concerns over impact on Church Lane and the A259; unsustainable location; vehicle source, destination, type unclear; cumulative impact with other waste operations.

7.5 Ford Parish Council: Provides the following comments: The size of the development is questioned; the export of gas from the site is not supported; traffic impact as a result of HGVs associated with the anaerobic digestion plant; Landscaping and visual screening should be required.

7.6 Yapton Parish Council: Does not object to the glasshouse extension, however

raises an objection to the anaerobic digestion plant for the following reasons: traffic impact as a result of HGVs associated with the anaerobic digestion plant; no demonstration of need; lack of assessment of impact upon noise, odour and other environmental emissions.

7.7 Arundel Town Council: Concern raised about potential impact on traffic in Arundel. Seek HGV routing agreement.

7.8 Environment Agency: No objection. 7.9 WSCC Drainage: No objection subject to the imposition of a condition

regarding surface water drainage and foul water drainage.

7.10 WSCC Archaeology: No objection subject to a condition that ensures that any potential adverse impact upon archaeology is mitigated through an approved programme of archaeological work. The site is located upon the West Sussex

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Coastal Plain, an area with the potential for buried archaeological heritage assets of the later prehistoric and Roman periods.

7.11 Historic England: No objection.

7.12 WSCC Ecology: No objection; supports the comments made by the County Tree Officer.

7.13 Network Rail: No objection.

7.14 Councillor Joan Phillips: No response received.

7.15 WSCC Fire and Rescue: Comments received - adequate access from highway provided; hydrant attached to 150mm main directly outside site.

7.16 WSCC Highways: No objection - no material impact on the operation of the

local road network subject to conditions and a S106 agreement relating to HGV routeing.

7.17 WSCC Landscape (including Tree Officer comments): No objection; support additional planting proposed. Seek imposition of conditions securing landscaping and protection of trees during construction.

7.18 Natural England: No objection subject to a condition requiring the submission of an odour management plan in relation to digestate lagoon to protect Climping Beach and Arundel Park SSSIs.

8. Representations 8.1 The application was advertised in accordance with Schedule 3, Article 13 of the

Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended). This involved the erection of site notices on land located at and around the application site, an advertisement in the local newspaper and the issue of 68 neighbour notification letters. In response, eight representations were received, four in objection, one raising concern, and three in support.

8.2 Reasons for objection and concern are:

• Impact upon amenity in terms of noise, odour and vehicle movements;

• Impact of increased traffic on Ford Lane; and

• Industrialisation of the countryside. 8.3 Reasons for support are:

• AD plant would provide outlet for produce from local farms;

• glasshouse would complement the green energy plant;

• Site is visually well screened;

• Similar plants do not cause noise or odour when well managed;

• Prevailing winds from the southwest would reduce impact upon neighbouring residents;

• Electricity produced will benefit the local area; and

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• Would help reduce food miles and the UK’s carbon footprint. 9. Consideration of Key Issues 9.1 The main planning considerations relevant to this planning application are:

• the principle of the development;

• impact on the highway capacity and road safety; and

• impact on the environment and local amenity. Principle of the Development

9.2 It is considered that the ‘in principle’ acceptability of the proposed AD facility

depends on two considerations, namely the need for the facility, and the need for this location.

9.3 Anaerobic digestion is considered to be ‘waste recovery’ because it produces

energy and digestate (akin to compost). Policy W1 of the West Sussex Waste Local Plan supports waste recovery development on unallocated sites such as Wicks Farm “provided that they are needed to meet the shortfall in capacity of 270,000 tonnes per annum”.

9.4 The proposed development would have a maximum operational throughput of

50,000tpa and would contribute to the overall shortfall (270,000tpa) in waste recovery facilities, and would help to divert waste from landfill while producing renewable energy. It is, therefore, considered to accord with Policy W1 of the West Sussex Waste Local Plan.

9.5 Policy W3 of the Waste Local Plan sets out considerations for locating waste development on unallocated sites. In the case of ‘small scale facilities’ (under c50,000tpa), they should serve a local need which cannot be met on allocated or permitted sites, and be well-located in relation to transport links.

9.6 The applicant has demonstrated that the proposed development cannot be delivered on permitted sites because it serves a local market need, managing agriculturally derived waste material (feedstock) from the surrounding area. They have also demonstrated that the allocated sites in the Waste Local Plan are either occupied by other permitted built waste management facilities or located at such a distance from the source of feedstock material, that it would prove unsustainable.

9.7 Proposals meeting these requirements are supported provided that they meet a number of criteria, including that they are located on a site in agricultural use where it involves the treatment of waste for reuse within that unit, as the present proposal would. If permitted, the annual throughput of the AD plant and the source of the feedstock would be controlled through conditions (see proposed conditions 13 and 14 in Appendix 1). The location is considered to have reasonable connections to the Lorry Route Network (considered later in this report). It is therefore considered that the location of the proposed development is acceptable in principle.

9.8 Finally, the principle of the development of a glasshouse has already been

established on the site, with the present proposal being an extension to it. It is considered this would be consistent with the established agricultural use of the

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land and not out of keeping with the area. The glasshouse extension would make use of rainwater harvesting to reduce water usage. On this basis, it is considered that the proposed glasshouse extension is acceptable in principle.

9.9 In principle, the proposed glasshouse extension and development and operation of an anaerobic digestion facility is considered to be acceptable. The glasshouse extension is considered an acceptable use of agricultural land, particularly as there are existing glasshouses on the site. Although the site of the proposed anaerobic digestion facility is not allocated by the Waste Local Plan, the nature of the proposed operation is small-scale (processing up to 50,000tpa of feedstock material), it would serve a local area (the applicant’s landholding area only), it would process waste for reuse within the agricultural unit, and it would have good links to the Lorry Route Network. The annual throughput of the AD plant and the source of the feedstock could be controlled through conditions. The proposed development is therefore considered to be acceptable in principle. Impact on Highway Capacity and Road Safety

9.10 Concerns have been raised by Parish Councils and local residents about the suitability of the road network with regard to its ability to accommodate additional HGV traffic movements and in terms of public safety.

9.11 The site would be accessed from a dedicated entrance on Ford Lane, separated from vehicles accessing the farm operation. The Local Highways Authority (LHA) has commented that although a HGV emerging from the site is likely to cross the centre line of the carriageway, given the excellent visibility from the site access, vehicles will have sufficient inter-visibility to determine whether it is safe to emerge onto Ford Lane. It is therefore considered that the proposed site access would be satisfactory.

9.12 Ford Lane does not form part of the Lorry Route Network. In order to access

the Lorry Route Network, vehicles associated with the site would need to travel either south along Church Lane to the A259, or north along Ford Road to the A27, routes which it is proposed to secure through a S106 legal agreement. This is consistent with other routeing agreements for nearby waste management operations on the former Ford Airfield.

9.13 However, Ford Lane does narrow in places and it has been observed that verge erosion is occurring. It is used frequently by HGVs, owing to the presence of commercial and agricultural premises in the vicinity. The width of the lane fluctuates, but is generally 5.5m which is sufficient for two large vehicles to pass one another, albeit with caution. Where Ford Lane narrows, forward visibility is considered to be typically very good. The junction with Ford Road is of sufficient width to accommodate the safe two-way movement of HGVs. A review of the traffic collision database indicates that there have been no recorded accidents involving HGVs, or any pattern of collisions indicating a highway defect. On this basis, the LHA is satisfied that there would not be an adverse impact on Ford Lane as a result of intensification of HGV movements.

9.14 The site is currently used as a central collection and distribution point for

produce originating from land within the control of the applicant. This existing use generates trips which occur both internally (off the local highway network via fields) and using Ford Lane. The vehicles making these existing trips are 12

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tonne tractor and trailers. In addition, trips are also generated through the existing crop storage operation at the site. This involves bulking for onward distribution using 29 tonne HGVs. All current vehicle movements are permitted to do so as part of the existing agricultural operation. In total, the Transport Assessment submitted with the application estimates that the current site activities generate two tractor/trailer/HGV movements to the site each day, 7 days a week (i.e. 4 tractor/trailers/HGVs entering/leaving the site).

9.15 Information submitted with the application indicates that vehicle movements would fluctuate:

• December to February – 6 movements: gas export only; no feedstock deliveries;

• June, July, August and November – 17 movements: 11 feedstock deliveries, 6 gas exports;

• March to April – 40 movements: 33 feedstock deliveries, 6 gas export; and

• September to October – 50 movements: 44 feedstock deliveries, 6 gas export.

9.16 Therefore, when operating at its peak throughput during September and

October, the AD facility would generate up to 50 (two way) vehicle movements per day (25 vehicles travelling to/from the site); this is the worst case scenario. This would be offset to some degree by existing vehicle movements associated with storage and distribution of crops (two tractor/trailer trips to/from the site each day), which would no longer take place.

9.17 Overall, the number of movements generated by the proposed development

would fall under the threshold at which network capacity testing would be required (30 movements during any hour, or an increase of 20 HGV movements or more, per day). A significant proportion of the movements would also occur outside of peak network conditions. A condition would be added to the permission to limit the number of HGVs permitted to travel to/from the site in any day, which is considered sufficient to ensure that the impact on capacity and highway safety is limited to an acceptable level.

9.18 The impact would be further reduced by securing a routing agreement requiring that vehicles travel to/from the site via Church Lane and the A259 (see Appendix 10: Traffic Management Plan).

9.19 The development would result in a maximum of 50 vehicle movements per day (25 in and 25 out, including both feedstock importation and gas exportation); this could be controlled through a condition. There is an opportunity to improve and upgrade the western access of the site which would provide the main entrance and egress with suitable visibility splays. The existing trips associated with the storage and distribution of crops would no longer occur should the anaerobic digestion facility be developed, being replaced instead by trips associated with feedstock delivery and biogas exportation. The Local Highways Authority is satisfied that the number of movements generated would not have a detrimental impact upon the operation of the local highway network and Ford Lane and raises no objection subject to conditions regarding a construction management plan and access improvements (visibility splays). A Traffic Management Plan is also proposed to ensure that only a prescribed route is

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used by HGVs associated with the development; this would be secured through a S106 legal agreement.

Impact on the Environment and Local Amenity

9.20 The development has the potential to result in adverse impacts in terms of

landscape and visual impact; heritage assets, and amenity. Landscape and Visual Impact

9.21 The AD facility would introduce large-scale, modern engineered structures of up to 12m high, into a large-scale, flat landscape. However, it is considered that this would not be at variance with the character of the local area which contains existing features such as Wicks Farm building and the grain silos. It is also considered that the proposed development would reflect the wider landscape which, although predominantly agricultural in character, includes several industrial/warehouse buildings (e.g. Ford Airfield) and clusters of glasshouses, the latter being characteristic of the wider coastal plain landscape.

9.22 In addition to the introduction of digester tanks and associated infrastructure at Wicks Farm, which would affect the appearance of the site, the proposed development has the potential to also have an effect upon nearby trees and hedgerows. However, it is proposed to translocate the existing row of poplar trees located to the north of the existing crop storage building further north along the proposed northern site boundary. Additional screening is proposed in hedgerows to the north of Ford Lane, between the public right of way and western boundary, and around the proposed digestate lagoon; this would be secured by condition (see condition 12, Appendix 1).

9.23 Overall, the character of the site with its agricultural buildings, the flat landform

and enclosure provided by the existing trees and hedgerows indicate that the surrounding landscape has the ability to accommodate the proposed development. It is considered that with additional soft landscaping measures applied, the site would be well-screened and therefore accords with the relevant planning policy tests. Archaeology and the Setting of Heritage Assets

9.24 The application site itself does not contain any archaeology or heritage assets. It is located upon the West Sussex Coastal Plain which has high potential to contain buried archaeological heritage assets of later prehistoric and Roman periods. The location of the proposed digestate lagoon is also located partly on the site of a taxiway associated with the former runway of Ford Airfield.

9.25 However, assessments submitted with the application indicate that there are no features of archaeological interest on site, although there is some evidence to suggest that the site may have been used as a refuelling depot for Ford Airfield during the Second World War. The few designated heritage assets in the wider area are also unlikely to be significantly affected by the proposed development. Mitigation through sympathetic design and additional tree planting is likely to offset any minor visual harm that may arise.

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9.26 The WSCC Archaeologist considers that the proposed development would not have a significant impact on heritage features, and raises no objection on the subject to appropriate measures being secured by condition.

9.27 In light of advice provided by Historic England and the WSCC Archaeologist, officers are satisfied that the proposed development would not result in harmful impacts to the settings of the heritage assets and therefore it is considered that the proposed development accords with Policy W15 of the Waste Local Plan.

Local Amenity – Odour, Noise, Light Pollution and Dust

9.28 Due to the nature of the feedstock used in the operational process, anaerobic

digestion has the potential to give rise to odour, noise, light pollution and dust.

9.29 The main potential sources of odour are likely to be the digestate lagoon, feedstock holding clamps, transport of feedstock from the farm to the facility, and the movement of feedstock on site between the holding clamps and mixer feeders and the mixer feeders themselves. However, the Environmental Health Officer and Natural England are satisfied that provided mitigation takes place to minimise odour impact upon the nearby residential dwellings (in the form of an Odour Management Plan), there would not be an unacceptable impact upon amenity in terms of odour.

9.30 Where noise and dust is concerned, it is considered that during construction, any potential impact would be managed through a Construction Management Plan. The design of the development includes the containment of noise generating elements of the operation (e.g. the CO2 liquifaction plant and the CHP unit). The Environmental Health Officer raises no concerns regarding dust and noise during the operation of the proposed development. A condition is proposed requiring that white noise reversing alarms are used. On that basis, it is considered that there would be no adverse impact in terms of dust and noise.

9.31 With regards to lighting, there is no requirement for 24 hour external lighting. Where lighting is required, it would be designed so that no light is emitted directly into the sky. A condition is proposed requiring that lighting is mounted as low as possible within the site and be shielded to minimise light spill.

9.32 The character of the site with its agricultural buildings, the flat landform and

enclosure provided by the existing trees and hedgerows indicate that the surrounding landscape has the ability to accommodate the proposed development. With additional soft landscaping measures applied, the site would be well-screened and therefore accords with the relevant planning policy tests regarding landscape and visual impact. The site contains no archaeological features or heritage assets and any potential impact upon these is considered to be low, provided that a condition is in place to ensure that any features found during construction are recorded. Provided that there is adequate mitigation and controls in place, the construction and operational impacts of the proposed scheme in terms of noise, dust and light pollution are considered to be acceptable.

10. Overall Conclusion and Recommendation 10.1 Planning permission is sought to develop an anaerobic digestion facility at

Wicks Farm, Ford to process up to 50,000tpa of agriculturally derived feedstock

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material in order to generate biogas in the form of biomethane and CO2. The biogas would be exported by HGV and the existing glasshouse would be extended for horticultural purposes. The operation is considered, within the policy context, as a built waste management facility which in principle is considered to be acceptable both in terms of need, location, scale and appearance. The annual throughput of the AD plant and the nature of the feedstock could be controlled through conditions. Impact upon the highway is considered to be acceptable, given that site access improvements are proposed together with a condition limiting HGV movements and HGV routeing which would be secured through a legal agreement. Subject to conditions, the impact on the environment and amenity would not be significant in terms of odour, dust, noise, lighting, surface water drainage or heritage assets and archaeology. Overall, it is considered that the development is acceptable in terms of the development plan and other material considerations.

10.2 It is recommended, therefore, that planning permission be granted subject to:

(a) the conditions and informatives in Appendix 1; and

(b) the applicant to enter into a s106 legal agreement to control HGV routeing to and from the site.

11. Equality Duty 11.1 The County Council has a duty to have regard to the impact of any proposal on

those people with characteristics protected by the Equality Act. Officers considered the information provided by the applicant, together with the responses from consultees and other parties, and determined that the proposal would have no material impact on individuals or identifiable groups with protected characteristics. Accordingly, no changes to the proposal were required to make it acceptable in this regard.

12. Crime and Disorder Act Implications 12.1 There are no implications. 13. Risk Management Implications 13.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that

the determination of planning applications must be made in accordance with the policies of the development plan unless material considerations indicate otherwise. If this is not done, any decision could be susceptible to an application for Judicial Review.

14. Human Rights Act Implications 14.1 The Human Rights Act requires the County Council to take into account the

rights of the public under the European Convention on Human Rights and prevents the Council from acting in a manner which is incompatible with those rights. Article 8 of the Convention provides that there shall be respect for an individual’s private life and home save for that interference which is in accordance with the law and necessary in a democratic society in the interests of (inter alia) public safety and the economic wellbeing of the country. Article 1 of protocol 1 provides that an individual’s peaceful enjoyment of their property shall not be interfered with save as is necessary in the public interest.

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14.2 For an interference with these rights to be justifiable the interference (and the

means employed) needs to be proportionate to the aims sought to be realised. The main body of this report identifies the extent to which there is any identifiable interference with these rights. The Planning Considerations identified are also relevant in deciding whether any interference is proportionate. Case law has been decided which indicates that certain development does interfere with an individual’s rights under Human Rights legislation. This application has been considered in the light of statute and case law and the interference is not considered to be disproportionate.

14.3 The Committee should also be aware of Article 6, the focus of which (for the

purpose of this committee) is the determination of an individual’s civil rights and obligations. Article 6 provides that in the determination of these rights, an individual is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Article 6 has been subject to a great deal of case law. It has been decided that for planning matters the decision making process as a whole, which includes the right of review by the High Court, complied with Article 6.

Michael Elkington Strategic Planning Manager

Background Papers: List of Appendices Appendix 1 – Conditions and Informatives Appendix 2 – Site Location Appendix 3 – Application Boundary Appendix 4 – Site Layout Appendix 5 – Site Cross Section Appendix 6 – Wicks Farm Landholding Appendix 7 – Proposed Access – General Arrangements Appendix 8 – Proposed Landscaping Appendix 9 – Glasshouse Elevation Appendix 10 – Traffic Management Plan

Contact: Lucy Harding, ext. 25532

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Appendix 1: Conditions and Informative DRAFT CONDITIONS

1. The development hereby permitted shall be begun 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. Approved Plans

2. The proposed development shall not take place other than in accordance with the approved drawings and documents save as varied by the conditions hereafter:

• Site Location (dwg 1492/D001, v.2, dated 04/05/2016); • Site Plan (dwg 1492/D002, v.2, dated 07/09/2016); • Site Cross Section (dwg 1492/D004, v.2, dated 07/09/2016); • Oxygen Generators Elevation (dwg 1492/D003, v.1, dated 07/03/2016); • Vehicle Weighbridge Elevation (dwg 1492/D005, v.1, dated 07/03/2016); • Control Room and Site Office Elevation (dwg 1492/D006, v.2, dated

13/04/2016); • Workshop/Machinery Store Elevation (dwg 1492/D007, v.2, dated

13/04/2016); • Glasshouse Elevation (dwg 1492/D008, v.2, dated 13/04/2016); • Digester Tanks Elevation (dwg 1492/D009, v.1, dated 29/03/2016); • Separators Elevation (dwg 1492/D010, v.1, dated 08/03/2016); • Pasteurisation Tanks Elevation (dwg 1492/D011, v.1, dated 08/03/2016); • Liquid Storage Tanks Elevation (dwg 1492/D012, v.1, dated

08/03/2016); • Biomethane Storage Tanks Elevation (dwg 1492/D013, v.1, dated

08/03/2016); • CO2 Storage Elevation (dwg 1492/D014, v.1, dated 08/03/2016); • Flare Elevation (dwg 1492/D015, v.1, dated 09/03/2016); • Macerator Pumps Elevation (dwg 1492/D016, v.1, dated 21/03/2016); • Mixer Feeder Elevation (dwg 1492/D017, v.1, dated 09/03/2016); • CO2 Liquefaction Plant Elevation (dwg 1492/D018, v.1, dated

21/03/2016); • Biogas Upgrade Plant Elevation (dwg 1492/D019, v.1, dated

09/03/2016); • Compressor Elevation (dwg 1492/D20, v.1, dated 09/03/2016); • Digester Lagoon Elevation (dwg 1492/D021, v.2, dated 15/06/2016); • CHP Elevation (dwg 1492/D022, v.1, dated 09/03/2016); • LV Distribution Elevation (dwg 1492/D023, v.2, dated 13/04/2016); • DNO Substation/Transformer Elevation (dwg 1492/D024, v.1, dated

09/03/2016); • Private Substation Elevation (dwg 1492/D025, v.1, dated 09/03/2016); • Biomethane Upload Stanchions Elevation (dwg 1492/D026, v.1, dated

14/03/2016); and • Container Layout for HMP Stoken (dwg M376, rev.P3, dated 24/12/2010).

along with submitted documents including the Design and Access Statement (by Aardvark Environment Matters), dated April 2016 and details on the planning application form dated 27/04/2016, save as varied by the conditions hereafter.

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Reason: To secure a satisfactory development.

Surface Water Drainage Scheme 3. No development shall be carried out until a surface water drainage scheme has

been submitted to and approved in advance by the County Planning Authority. The scheme shall include: • Design for 1:100 year return period;

• Inclusion of 40% for climate change;

• Submission of Land Drainage Consent (where applicable)

• Inclusion of pollution/siltation control measures relating to both sealed and unsealed areas.

Thereafter, the surface water drainage details shall be implemented in full as approved and maintained throughout the operation of the development hereby permitted. Reason: To accord with paragraphs 103 and 120 of the NPPF (2012) to ensure that the development does not result in adverse impacts through flooding and pollution. Foul Drainage Scheme

4. Prior to the commencement of development a scheme of foul water drainage must be submitted to and approved in writing by the County Planning Authority. Thereafter, the drainage scheme shall be implemented in full as approved. Reason: To protect the water environment.

Odour Management Plan

5. Prior to the commencement of this development, an Odour Management Plan shall be submitted to and approved in writing by the County Planning Authority. The Plan shall include mitigation for any odour that may arise from the digestate lagoon and the operational anaerobic digestion plant. Thereafter, the approved scheme shall be implemented in full.

Reason: In the interests of the amenity of local residents, and the environment. Archaeology

6. No development shall commence within the site until: a) A written programme of archaeological investigation, which should include

on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority;

b) The approved programme of archaeological work has been carried out in accordance with the approved details.

Reason: To enable the recording of any matters of archaeological interest.

Construction Management Plan

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7. The development hereby permitted shall not commence until there has been submitted to and approved in writing by the Local Planning Authority, a Construction Management Plan. The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from the site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of Public Transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Management Plan. Reason: To mitigate the impact of construction traffic during the construction period and in the interests of highway safety on the local highway network.

Hours of Construction and Deliveries 8. Construction (including site clearance) of the development hereby permitted,

involving the use of plant/machinery/equipment/vehicles and the deliveries of construction materials/plant/machinery/equipment being received by or dispatched shall only take place between the hours of:

• 08:00 and 18:00 on Monday to Friday inclusive; • 08:00 and 13:00 on Saturdays; and

Not at any time on Sundays, Bank Holidays or Public Holidays. Reason: In the interests of the amenity of local residents.

Access and Visibility Splays

9. No part of the development shall be first operated until such a time as the vehicular access serving the development has been constructed in accordance with the approved drawing 151638/SK01, entitled ‘Proposed Access General Arrangement’, dated 27/11/2015 and until the visibility splays shown on approved plan 151638/T02, entitled ‘Proposed Access Visibility Splays’, dated 27/11/2015, has been provided, with no obstruction to visibility at or above the height of 0.6m above the nearside carriageway level. The visibility splays shall be maintained free of obstruction at all times thereafter. Reason: In the interests of highway safety. Protection of Trees

10. All retained trees on the site (shown on dwg 1196/07, dated 30/03/2016) shall be protected throughout construction in accordance with British Standard 5837:2012 Trees in Relation to Design, Demolition and Construction – Recommendations. Reason: To protect existing trees in the interests of amenity and the environment and to protect pupils and staff at the site for health and safety reasons. Landscaping Scheme

11. All soft landscaping comprised in the approved Landscape Mitigation Planting plan (ref. Figure 7, dwg 1196/07, dated 30/03/2016) shall be carried out in the first planting season following the commencement of the development. All shrubs, trees and hedge planting shall be maintained free from weeds and shall

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be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: To compensate for the impact upon retained trees and provide additional visual screening in the interests of the local landscape.

Landscaping Scheme – Additional Screening

12. Within 1 month of the grant of planning permission, a detailed landscaping scheme containing a Planting Schedule for additional screening and a long term maintenance plan shall be submitted to and approved in advance and in writing by the County Planning Authority. Thereafter, the approved scheme shall be implemented in full in the next available planting season. Any planting that dies, is removed or become seriously damaged or diseased within a five year period following planting shall be replaced in the next planting season with others of similar size and species, unless the County Planning Authority gives written consent for any variation. Reason: To compensate for the impact upon retained trees and provide additional visual screening in the interests of the local landscape.

Waste materials 13. Only material produced on land shown on the approved Location Plan (dwg.

1492/D001 v.2) as being ‘within the control of Wicks Farm’ shall be processed in the AD plant. Reason: Other waste materials raise environmental and amenity issues that would require consideration afresh. Site Throughput

14. No more than 50,000 tonnes of feedstock material shall be processed at the site in any 12 month period. A record of daily tonnages managed at the site, along with the source shall be made available for inspection within seven days of a request from the County Planning Authority. Reason: To protect the amenities of local residents and the highway network by controlling the site’s throughput. Hours of Use - Feedstock Reception/Movements

15. With the exception of staff required to maintain the ongoing anaerobic digestion process, there shall be no HGV movements to or from the anaerobic digestion facility and no external operations associated with feedstock reception or loading of feedstock hoppers with solid feedstock outside the following hours:

• 07.30 and 18.00 Monday to Friday; and

• 07.30 to 12.30 Saturdays.

There shall be no such operations at any time on Sundays, Bank or Public Holidays. Reason: To protect the amenity of local residents and control the impacts of the development.

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Vehicle Movements 16. The number of HGVs (all vehicles exceeding 3.5 tonnes associated with the

operation of the anaerobic digestion plant and gas exportation) travelling to and from the development hereby permitted shall not exceed 25 on any weekday (50 HGV movements), 12 on any Saturday (24 HGV movements) and 3 on any Sunday (6 HGV movements) on the public highway. A record of daily HGV movements to/from the site shall be made available for inspection within seven days of a request from the County Planning Authority.

Reason: To protect the amenity of local residents and control impacts upon Ford Lane.

Signage

17. Prior to the anaerobic digestion facility being brought into use a sign which is visible and legible to drivers exiting the site, shall be installed advising them of the vehicle routing requirements and the need to adhere to them. Once installed the sign shall be maintained as such throughout the operation of the facility. Reason: in the interest of highway safety and the amenity of the area.

Noise

18. Vehicles coming to and operating at the site that are required to emit reversing warning noise, shall use only white noise/broadband alarms rather than single tone alarms. Reason: To protect the amenities of local residents.

Lighting

19. Unless a scheme is agreed in advance and in writing, no external lighting shall be installed either on the building or anywhere within the site. This exclusion shall not prohibit the installation of sensor-controlled security lighting which shall be designed and shielded to minimise light spillage beyond the site boundary.

Reason: In the interest of surrounding amenity.

Decision Notice

20. A copy of this decision notice together with the approved plans and any schemes and/or details subsequently approved pursuant to this permission shall be kept on site at all times and the terms and contents thereof shall be made known to supervising staff on the site. Reason: To ensure that the site operatives are conversant with the terms of the planning permission.

Informatives

A. Agreement under Section 106 of the Town and Country Planning Act

1990 - This permission shall be read in conjunction with an agreement made under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement confirms HGV routeing and is based upon a Traffic Management Plan submitted by the Applicant through a Transport Assessment (ref.

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R/C151638/02/Iss7, dated 24/03/2016) and Transport Assessment Addendum (ref. C151638/04/Iss2, dated 15/07/2016).

B. With reference to Condition 11, the Applicant’s attention is drawn to the WSCC Tree Officer’s comments made on 31 May 2016 on the northern, eastern and western site boundaries, whereby details for screening (including the species, sizes and spacing of all planting, and the design) shall be provided.

C. For the purposes of Condition 16, HGV is defined as: a vehicle for the carriage of goods having a maximum laden weight exceeding 3.5 tonnes, excluding tractors and trailers and any other vehicles that are used in association with the on-farm agricultural operations linked to the Site but which are not construction vehicles associated with the Development

D. The County Planning Authority has acted positively and proactively in

determining this application by identifying matters of concern within the application and negotiating with the Applicant to secure acceptable amendments to the proposal to address those concerns. As a result, the County Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.