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DEVELOPMENT CONTROL AND REGULATORY BOARD

15TH SEPTEMBER 2005

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

SEVERN TRENT WATER LTD - PROPOSED CONSTRUCTION OF A GRP CONTROL KIOSK - NORTON JUXTA SEWAGE TREATMENT WORKS, COTTAGE LANE, NORTON JUXTA TWYCROSS ()

2005/0732/04 – 13th July 2005

Background

1. Norton Juxta Twycross Sewage Treatment Works (STW) was original constructed in 1987 and has since been granted planning permission to extend the sewage works in 1999 and 2001. The most recent extension was permitted in July 2001 and included a new submerged activated filter unit, tanks, reed bed, two control kiosks and a blower unit.

2. An application for a chemical dosing unit and pumping station was approved in August 2004 (PP 2004/0566/04) to reduce odour from the site as complaints had been received. A temporary chemical dosing unit was placed on site to ensure all odour nuisances and complaints were reduced prior to a permanent system being installed. The temporary unit is currently on site and shall be removed when the permanent chemical dosing unit is operational.

3. The Environment Agency have changed the chemical dosing consent levels which means that the approved chemical dosing unit is no longer suitable, and an alternative scheme is required. Severn Trent Water have also decided that it would be beneficial to relocate the chemical dosing unit from the approved location closer to the existing electrical enclosures with easier access for delivery of chemicals. As a consequence, a new planning application is required to adequately assess the environmental impacts of the proposed new chemical dosing unit.

Location of Proposed Development

4. The site lies to the north east of the village of Norton Juxta Twycross in open countryside. The site is bounded to the south by adjacent properties, mature trees and limited hedgerow, Cottage Lane to the east and agricultural land to the north and west. The existing site access is via Cottage Lane. Cottage Lane is a single track road, which serves the sewage treatment works and Cottage Farm to the north. The site lies within the River Mease Special Area of Conservation. 2 2005/0732/04 - continued

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Description of Proposal

5. Severn Trent Water proposes to erect a kiosk to house a chemical dosing unit and controls within the existing works. The proposed new modifications should reduce potential for odour and should ensure phosphate levels are in accordance with Environment Agency consent limits.

6. The proposed kiosk would house the chemical dosing unit and telemetry outstation and would be located to the north of the existing site access. The proposed kiosk measures 4.4m in length, 2.2m in width and 2.35 metres in height. It would be a dark green colour to match existing structures on site, and would be bounded by a post and rail fencing with indigenous planting bound the site.

7. If planning permission is granted, the proposed development would take place between November 2005 and February 2006. Construction of the GRP kiosk and removal of the telemetry outstation would consist of three light vehicles as well as the occasional HGV, including the one that would deliver the chemical dosing unit. Once commissioned a chemical delivery vehicle would visit the site every 100 days.

8. Severn Trent Water does not anticipate any odour, noise or fly nuisance to be generated from the above installations. The proposed development should not cause any visual nuisance as a post and rail with internal indigenous planting bound the site.

Planning Policy

9. The Development Plan in this instance is made up of the Regional and Spatial Strategy (EMRSS), The , Leicester and Rutland Structure Plan (LLRSP) and the Hinckley and Bosworth Local Plan. The Most relevant policies set out below.

Leicestershire, Leicester and Rutland Structure Plan

10. Resource Management Policy 9 of the Structure Plan: states that, when allocating land and considering planning applications for waste management development or related development, account will be taken of its likely impact on the environment and the need for the development (when it is a material consideration).

11. Strategy Policy 8 of the Structure Plan states that, development in the Countryside will only be acceptable if the general appearance and character of the landscape and the countryside is safeguarded or enhanced. It is intended that much development will normally be limited to appropriate rural activities, including public utilities.

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Leicestershire, Leicester and Rutland Waste Local Plan

12. Policy WLP 7 of the Leicestershire, Leicester and Rutland Waste Local Plan sets out a list a list of factors that will be taken into consideration when assessing all waste management proposals, of which the following are pertinent to the current application:

(ii) The effect on, and the relationship to, sensitive nearby land uses, especially residential properties; (iii) The visual impact on the landscape and surrounding area; (vi) Transportation implications, including the nature and volume of traffic generated by the proposal (ix) The effect on water resources (xxiv) The siting and visual appearance of the building

13. Policy WLP8 of the Leicestershire, Leicester and Rutland Waste Local Plan sets out a number of circumstances where waste management operations will not be permitted unless there is an overriding need or the impact can be alleviated by appropriate measures; these include

(viii) Where the development will adversely affect the effectiveness of local land drainage systems and floodplains, waterways and watercourses derogate groundwater sources and resources and provide inadequate protection for water quality; (xviii) Where the development including its associated traffic movements, visual impact, noise, dust, odour, litter, gulls and emissions would have an adverse effect on local residential amenity including air quality; and/or other local land uses.

14. The Waste Local Plan does not contain a specific policy on sewage treatment works but does state that the likely impacts of sewage treatment works are those of traffic, odour, noise, flies as well as visual impact. Therefore, they need to be relatively remote from residential areas and located on the edge of settlements.

15. Policy NE5 of the Hinckley and Bosworth Local Plan states that; the Countryside will be protected for its own sake. Planning Permission will be granted for built and other forms of development in the countryside, provided that the development is (inter alia) important to the local economy and cannot be provided with or adjacent to.

In such cases, consent will be granted only where the following criteria are met

(i) It does not have an adverse effect on the appearance or character of the landscape (ii) It is in keeping with the scale and character of existing buildings and the general surroundings (iii) Where necessary it is effectively screened by landscaping or other methods (iv) The proposed development will not generate traffic likely to exceed the capacity of the highway network or impair road safety.

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Consultations

Hinckley and Bosworth Borough Council (Planning)

16. No comment

Hinckley and Bosworth Borough Council (Environmental Health)

17. No Comment

Twycross Parish Council

18. No response

Environment Agency

19. The Environment Agency has no objection to the proposed development but has made comments. During construction and subsequent operation of the proposed building, there shall be no discharge, run off or seepage of any contaminated water to any land drain, surface water, ditch or watercourse, directly or indirectly. Any contaminated water must be tankered off site, or discharged to the main public foul sewer.

20. The storage, loading and unloading area for chemicals must be on an impervious base, in a sealed bunded area, preferably under cover. The loading area must be able to retain and hold the total spillage capacity together with all fire fighting water in the event of a spillage or fire.

Highways Authority

21. No comment

Archaeology

22. No archaeological work will be required as part of the scheme. Disturbance to buried archaeological remains is likely to be minimal.

Publicity

23. Neighbour notification and site notices were posted on the 21st July 2005. No representations have been received within the specific period for responses.

Assessment of Proposal

24. This application should be assessed against the development plan and in particularly WLP7 and WLP8 of the Leicestershire, Leicester and Rutland Waste Local Plan. The proposed chemical dosing kiosk should reduce the potential of odour at the sewage treatment works and control phosphate consent limits. The environmental effects of the proposed kiosk are assessed below.

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Water Quality

25. WLP Policy 8 requires adequate protection of local watercourses and waterways; this is also reinforced in the Environment Agency's comments. It is recommended that the loading, storage and chemical dosing unit be located on an impervious base and bunded to prevent any spillage or contamination.

26. To ensure there would be no adverse impact on the surrounding watercourses additional information was requested from the applicant regarding the storage and procedure of any chemical spillage.

27. The proposed chemical dosing kiosk would be located on an impervious concrete base, as would the surrounding loading area. There would be a maximum of 2m3 of chemicals stored on site at any one time in two 1m3 containers. The two containers would be stored over a retention bund with 2.2m3 of storage capacity. This will be under cover. The delivery of the chemical would be in 1m3 containers, which would be lifted into the bunded area.

28. In the event of a spillage during the delivery the concrete loading area would contain the 1m3 of chemical. The concrete area has a valve outlet, normally open, to allow rainwater run off to be treatment on the reed bed but this would be closed during delivery to retain any spillage. Then the chemical would be collected from the site by tanker and taken off site for disposal. . In the view of these procedures and facilities the storage and loading of the chemicals should not cause any adverse effect or cause any contaminated run off to local watercourses or groundwater.

Traffic

29. The proposed development should not cause a significant increase in traffic movements. Once construction has been completed there would be only one additional vehicle delivering chemicals every 100 days which is in accordance with WLP 8 of the Leicestershire, Leicester and Rutland Waste Local Plan.

Landscaping

30. The proposed kiosk is within the existing sewage treatment works site and would not increase the proximity of the works to surrounding inhabitants. As part of the previous chemical dosing unit planning permission 2004/0566/04 it was advised that additional hedgerow be planted to reduce views from the adjacent properties. The approved landscaping scheme should be implemented in the next planting season (November 2005 to March 2006). Consequently, there would be an effective screen for the adjacent cottages with no significant visual impact, in accordance with policy NE5 of Hinckley and Bosworth Local Plan.

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Conclusion

31. The proposed kiosk is a similar scale and design as exiting structures on site, which are small in scale. The kiosk would be finished in a non -intrusive colour of dark green reducing visual impact matching existing structures on site. The proposed kiosk is in accordance with Development Plan policies and should not cause a significant impact on the surrounding environment or community.

Recommendation

A. Permit subject to the following conditions

B. To endorse, as required by the Town and Country Planning (General Development Procedure) Order 1995 (as amended) a summary of the:

(i) Policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government's current planning policy guidance and the relevant Circulars, together with the relevant Development Plan Polices, including the following and those referred to under specific conditions as set out in the appendix:-

(Strategy Policy 8 & Resources management Policy 9 of the Leicestershire Structure Plan) (Policy NE5 of the Hinckley & Bosworth District Local Plan) (Policy WLP7 ii, iii, vi, ix, xxiv & WLP8 vi, viii & xviii of the Leicestershire, Leicester and Rutland Waste Local Plan)

(ii) Reasons for the grant of planning permission as follows:

The County Council is of the opinion that the proposed development gives rise to no material harm, is in accordance with the development plan and that there are no material consideration that indicate that the decision should be made otherwise. The County Council also considers that any effect to the amenities of the area as a result of the proposed development would reasonably be mitigated by the imposition of the conditions as set out in the appendix.

Circulation Under Sensitive Issues Procedures

Mr. I. Ould, CC

Officers to Contact

Miss. K. Hannaford – Hill (Tel. 0116 265 7043) E-Mail: [email protected] ______

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Conditions Appendix

1. The development shall commence within 3 years of the date of this permission.

2. Written notification of the commencement of the development shall be provided to the Director of Community Services within seven days from the date of such commencement.

3. Unless otherwise approved in writing by the Director of Community Services or otherwise required by condition attached to this permission the development hereby permitted shall be carried out in accordance with details contained in the submitted application no 2005/0732/04 dated 13th July 2005.

4. Unless otherwise agreed in writing by the Director of Community Services the kiosk shall be finished and maintained a dark green colour.

5. All construction traffic exceeding 7.5 tonnes gross weight shall gain access to the and from the site using no routes other than the B4116 and Shelford Lane, and via the existing access off Cottage Lane.

6. Measures shall be taken to prevent the deposit of mud on the Highway. The operator shall immediately remove any such material, which may be accidentally deposited on the highway.

7. The works, (including delivery or removal of plant, equipment, machinery, stone, building or other materials), associated with the approved development shall only take place between the hours of 0800-1800 Monday to Friday and 0800- 1200 on Saturdays. No works associated with the construction shall be carried out on a Sunday, Bank or Public Holiday.

8. Should the development give rise to complaints regarding noise or odour that in the opinion of the Director of Community Services are unacceptable, the applicant shall submit a scheme of mitigating measure to be agreed in writing by the Director of Community Services. The development should then take place in accordance with the approved scheme.

9. None of the existing trees or hedgerow on the site shall be lopped, topped or felled without the prior written agreement of the Director of Community Services.

Reasons

1,2 To comply with Section 91 of the Town and Country Planning Act 1990. &3

5 In the interests of highway safety.

6 To protect the amenities of the locality from the effects of any mud arising from the development.

4& To ensure minimum disturbance from operations and avoidance of nuisance to 7,8 the local community including nearby residential occupiers. &9

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995.

You are advised to contact the County Council’s Human Resources Department if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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