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Development and Regulation Committee Development and Regulation Committee Committee Room 1, Friday, 01 April 10:30 County Hall, 2016 Chelmsford, Essex Quorum: 3 Membership: Councillor R Boyce Chairman Councillor J Abbott Councillor J Aldridge Councillor K Bobbin Councillor M Ellis Councillor C Guglielmi Councillor J Jowers Councillor J Lodge Councillor M Mackrory Councillor Lady P Newton Councillor J Reeves Councillor S Walsh For information about the meeting please ask for: Matthew Waldie, Committee Officer Telephone: 033301 34583 Email: [email protected] Page 1 of 82 Essex County Council and Committees Information All Council and Committee Meetings are held in public unless the business is exempt in accordance with the requirements of the Local Government Act 1972. Most meetings are held at County Hall, Chelmsford, CM1 1LX. A map and directions to County Hall can be found at the following address on the Council’s website: http://www.essex.gov.uk/Your-Council/Local-Government-Essex/Pages/Visit-County- Hall.aspx There is ramped access to the building for wheelchair users and people with mobility disabilities. The Council Chamber and Committee Rooms are accessible by lift and are located on the first and second floors of County Hall. If you have a need for documents in the following formats, large print, Braille, on disk or in alternative languages and easy read please contact the Committee Officer before the meeting takes place. If you have specific access requirements such as access to induction loops, a signer, level access or information in Braille please inform the Committee Officer before the meeting takes place. For any further information contact the Committee Officer. Induction loop facilities are available in most Meeting Rooms. Specialist head sets are available from Duke Street and E Block Receptions. The agenda is also available on the Essex County Council website, www.essex.gov.uk From the Home Page, click on ‘Your Council’, then on ‘Meetings and Agendas’. Finally, select the relevant committee from the calendar of meetings. Please note that an audio recording may be made of the meeting – at the start of the meeting the Chairman will confirm if all or part of the meeting is being recorded. Page 2 of 82 Part 1 (During consideration of these items the meeting is likely to be open to the press and public) Pages 1 Apologies and Substitution Notices The Committee Officer to report receipt (if any). 2 Declarations of Interest To note any declarations of interest to be made by Members. 3 Minutes 7 - 16 To approve the minutes of the meeting held on 26 February 2016. 4 Identification of Items Involving Public Speaking To note where members of the public are speaking on an agenda item. These items may be brought forward on the agenda. 5 Minerals and Waste 5.1 Blackley Quarry, Great Leighs 17 - 76 To consider Report DR/11/16, relating to the extraction of an estimated reserve of 2.8 million tonnes of sand and gravel, retention of existing access onto the A131, retention of existing sand and gravel processing plant, progressive restoration to agriculture using inert fill, installation of inert recycling facility, including screening and crushing to recover secondary aggregate, and a revised restoration scheme for the existing quarry area. At Blackley Quarry, Land to the north east and north west, A131, Great Leighs, CM3 1QP. Reference: ESS/16/15/CHL 6 Information Items 6.1 New Farm, Stansted 77 - 80 To update members on the unauthorised development - the importation, deposition, storing and spreading of waste materials, subsequently raising the levels of the land - on land at New Farm, Elsenham Road, Stansted, Essex CM24 8SS. Reference: ENF/0789. Report DR/12/16 Page 3 of 82 6.2 Applications, Enforcement and Appeals Statistics 81 - 82 To update Members with relevant information on planning applications, appeals and enforcements, as at the end of the previous month, plus other background information as may be requested by Committee. Report DR/13/16 7 Date of Next Meeting To note that the next committee meeting will be held on Friday 29 April 2016 at 10.30am. 8 Urgent Business To consider any matter which in the opinion of the Chairman should be considered in public by reason of special circumstances (to be specified) as a matter of urgency. Exempt Items (During consideration of these items the meeting is not likely to be open to the press and public) To consider whether the press and public should be excluded from the meeting during consideration of an agenda item on the grounds that it involves the likely disclosure of exempt information as specified in Part I of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act. In each case, Members are asked to decide whether, in all the circumstances, the public interest in maintaining the exemption (and discussing the matter in private) outweighs the public interest in disclosing the information. 9 Urgent Exempt Business To consider in private any other matter which in the opinion of the Chairman should be considered by reason of special circumstances (to be specified) as a matter of urgency. __________________ All letters of representation referred to in the reports attached to this agenda are available for inspection. Anyone wishing to see these documents should contact the Officer identified on the front page of the report prior to the date of the meeting. Page 4 of 82 Page 5 of 82 Page 6 of 82 26 February 2016 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 26 FEBRUARY 2016 Present Cllr R Boyce (Chairman) Cllr J Jowers Cllr J Aldridge Cllr J Lodge Cllr K Bobbin Cllr M Mackrory Cllr M Ellis Cllr Lady Newton Cllr I Grundy Cllr S Walsh Cllr C Guglielmi 1. Apologies and Substitution Notices Apologies were received from Cllr J Abbott and Cllr J Reeves (Cllr Grundy substituted). 2. Declarations of Interest Cllr Bobbin declared a personal interest in agenda item 5b, in respect of Hovefields, as local member. (Item 6 below refers.) Cllr Guglielmi declared a personal interest in agenda item 7a, in respect of Martell’s Quarry, as local member. (Item 8 below refers.) Cllr Jowers declared a personal interest in agenda item 7a, in respect of Martell’s Quarry, as a member of Colchester Local Plan Panel. (Item 8 below refers.) Cllr Lady Newton declared a personal interest in agenda item 5a, in respect of the Rivenhall IWMF, as local member and as portfolio holder at Braintree District Council for Planning and Housing. She added that Braintree District Council objected to this application but by delegated function. She also knows Mr Whipps, who is acting for the applicant, as he has acted on behalf of Braintree District Council in the past. (Item 5 below refers.) 3. Minutes The Minutes and Addendum of the Committee held on 22 January 2016 were agreed and signed by the Chairman. 4. Identification of Items Involving Public Speaking Persons to speak in accordance with the procedure were identified for the following item: Consideration of report DR/05/15, relating to the amendment of condition 2 attached to planning permission ESS/55/14/BTE, and to secure discharge of certain conditions, in respect of an Integrated Waste Management Facility at Rivenhall Airfield, Coggeshall Road (A120), Braintree CO5 9DF. Reference: ESS/34/15/BTE Page 7 of 82 Minutes 2 Unapproved 26 February 2016 Applicant: Gent Fairhead & Co. Ltd Public Speakers: Nick Unsworth speaking against David Whipps speaking for. Minerals and Waste 5. Rivenhall IWMF The Committee considered report DR/05/16 by the Director for Operations, Environment and Economy. The Members of the Committee noted the contents of the Addendum attached to these minutes. The Committee noted that this application sought to amend the permitted plans for the Waste Facility, as set out in Condition 2, and to discharge a number of the pre-commencement conditions attached to ESS/55/14/BTE. Policies relevant to the application were detailed in the report. Details of consultation and representations received were set out in the report. The Committee noted the key issues that were: Nature/type of application Principle and Need for the IWMF and Acceptability of the Proposed Changes Height of the Stack, Emissions and Health Impacts Traffic and Highways Public Rights of Way Water Environment Landscape and Visual Impact Ecology Historic Environment and Archaeology Residential Impact – noise, dust and odour Cumulative Impact Legal Agreement Commencement of Development. In accordance with the protocol on public speaking the Committee was addressed by Nick Unsworth, Chairman of Coggeshall Parish Council. Cllr Unsworth said: The design is not detailed enough – changes will be required before the Environment Agency Permit will be granted, so there is too much uncertainty about what will actually be in place. A good example is the height of the stack, which will have to be much higher (normally these are over 65 metres) There have been hundreds of objections, many of which have not been included in the report. Application is not a minor variation 400 documents still relyPage on 20108 of 82 data 26 February 2016 Unapproved 3 Minutes When recycling is hard, the application would result in waste moving down the waste hierarchy, rather than up. It cannot be seen as sustainable, when it fails to meet the definition of R1 recovery There will be effluent discharge into the River Blackwater, which is nitrate sensitive and there is no excess availability An original condition required the plume to be invisible; it now will be visible for 30% of the year The SRF contracts will cost the County money, rather than produce savings; and the increase in CHP will lead to wasted heat The proposals have always been supported by the minerals department and so the report is not impartial A projected gas dispersal model diagram (shown to the meeting) demonstrated the presence of benzene, which is highly carcinogenic and has a recommended tolerance of zero.
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