2017/1285/02 (2017/CM/0169/LCC) – 2Nd June 2017

5 Agenda Item 7

DEVELOPMENT CONTROL AND REGULATORY BOARD

14th SEPTEMBER 2017

REPORT OF THE CHIEF EXECUTIVE

COUNTY MATTER

PART A – SUMMARY REPORT

APP.NO. & DATE: 2017/1285/02 (2017/CM/0169/LCC) – 2nd June 2017

PROPOSAL: The temporary siting of a moth balled CHP unit for re- siting within 12 months.

LOCATION: Manor Farm, Hungarton Road, Beeby, Leicestershire, LE7 3BJ (Charnwood Borough).

APPLICANT: Mr Robin Gibson.

MAIN ISSUES: Impact of the proposal upon the local landscape.

RECOMMENDATION: PERMIT subject to the conditions as set out in the appendix.

Circulation Under Local Issues Alert Procedure

Mrs B. Seaton, CC.

Officer to Contact

Mr. P. Larter (Tel. 0116 305 7292) Email: [email protected]

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PART B – MAIN REPORT

Description of site

1. Manor Farm, Beeby lies to the south of Hungarton Lane, lying approximately 1km south east of Beeby, 1.2km north of Keyham and 1.5km west of Hungarton within the parish of Beeby. Access to the farm is made from Hungarton Lane along a rough surfaced track. Collections of agricultural buildings lie to the south of this track and to the north of the track towards its end are three residential properties once part of the farm.

Description of proposal

2. This proposal is seeking planning permission to regularise the installation of a CHP (Combined Heat & Power) unit to the immediate north east of the agricultural buildings. The CHP unit measures 12 metres x 3 metres and is a maximum of 7 metres in height (to the top of the stack). The unit is mainly in a dark green colour. The application states that the CHP unit was installed, run for two hours and then mothballed; the application also states that the applicant was unaware planning permission was required. Within the 12 month period sought for the retention of the unit it is proposed that the unit will be relocated to the location shown on drawing SA18701/02 Revision A dated May 15 and permitted by planning permission 2015/1650/02.

Planning Policy

Local Policies

3. The relevant local planning policies are contained within the Leicestershire and Leicester Waste Development Framework: Core Strategy and Development Control Policies document adopted October 2009, Charnwood Local Plan 2011 to 2028 Core Strategy adopted November 2015 and the Borough of Charnwood Local Plan adopted January 2004.

4. Policy WCS9 of the Leicestershire and Leicester Waste Development Framework is to allow other forms of waste management not covered by specific policies, provided that the proposal does not cause unacceptable harm to the environment or communities.

5. Policy WCS10 states that the natural and built environment is to be protected by ensuring that waste developments: do not have any unacceptable adverse impacts on natural resources, landscape, biodiversity, historic and cultural features, geodiversity, the character of settlements and residential amenity; have the highest standards of operational practice; and the development is designed to a high standard.

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6. Policy WDC5 states that waste management development in the countryside will not be permitted unless: the development cannot be accommodated in the urban areas; there is an overriding need for the development; and the landscape character of the area is not harmed.

7. Policy WDC8 seeks to resist waste developments that would generate unacceptable adverse effects to adjoining land users by reason of (inter alia) noise, visual intrusion or traffic.

8. Policy CS11 of the Charnwood Local Plan 2011 to 2028 Core Strategy sets out that new development will be required to protect landscape character and to reinforce sense of place and local distinctiveness by taking account of relevant local Landscape Character Assessments.

9. Policy CT/2 of the Borough of Charnwood Local Plan states that development in the countryside will be permitted where the countryside’s character and appearance is not harmed and historic, nature conservation, amenity and other local interests are safeguarded.

Consultations

Charnwood Borough Council

10. Response not received.

Highway Authority

11. The County Highway Authority (CHA) understands that the Applicant has applied for the temporary siting of a moth balled CHP unit before it is moved within 12 months. The Applicant has indicated that the CHP unit has already been moved to its temporary location in order to test it before moving it to its permanent location. Having reviewed the proposals and the Applicant’s reference to the previously approved site access improvement works (LPA ref: 2016/CSUB/0216/LCC) the CHA has no further comment to make.

Landscape Advice:

12. No comments to make.

Beeby Parish Council:

13. Response not received.

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Hungarton Parish Council

14. Hungarton Parish Council discussed Manor Farm Beeby’s latest application at its meeting on 8 July 2017. The large Combined Heat and Power (CHP) unit was installed on 20 March 2017 and would seem to be in breach of the planning approval requirement not to start the AD development before a number of conditions had been implemented, in particular the requirement to make “improvements” to the local road network. This had been imposed because of the serious road access problems which were identified as a major issue at the planning committee meeting on 10 March 2016. We find it hard to understand why the County Council has not treated this as a breach of the planning permission for the Anaerobic Digester (AD) and chicken farm. The reason given is that the CHP unit has been located a few feet away from the AD site and so is completely separate from it. Why then has no enforcement case been opened? The CHP unit was installed in breach of planning regulations (even if it taken as a completely separate issue from the AD development) and it has taken a further three months for the agent to submit a retrospective application, which consists only of the application form itself, three plans and two photographs of the CHP unit. There is no explanation for the breach, nor any sound rationale for the unit being on site prior to discharge of the approval conditions. In the circumstances, we consider that the application should be refused and the agent told to remove the unit from the site forthwith; enforcement action should be taken if required. Moreover, the sustainability of the whole AD/chicken factory complex on that site must surely be in doubt now, given the limitations of the local road network as well as the agent’s inability since January to provide more information about how the throughput of the AD could be increased (see application 2017/VOC/0006/LCC) without a large and unacceptable increase in movements via the public highway. The local community is very concerned that the developer is prepared to breach planning regulations and apparently unwilling to provide relevant information relating to their proposal to increase the throughput of the unit so substantially. Hungarton Parish Council requests that the County Council responds to these concerns without delay.

Publicity

15. A site notice and individual neighbour letters have advertised the proposal since 16th June 2017. Nine representations have been received on the proposal.

Representations

16. Of the nine representations received eight are from Hungarton and one does not provide an address. In summary, the matters raised are the same as Hungarton Parish Council that the development is a breach of a previous planning permission and the developer has not provided information relating to another current application to increase the throughput of the anaerobic digester.

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Assessment of Proposal

17. The application should be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance, the main issue for consideration relates to the visual effect upon the local landscape.

18. This proposal is to retain a CHP unit in its current location, adjacent to a large agricultural building, for a maximum of 12 months after which it would be relocated to a site south of this. This relocation site would be the site of a CHP unit already permitted as part of an adjacent larger development for poultry units and an anaerobic digester (reference 2015/1650/02). The CHP unit was installed in a location adjacent to but outside of the area of this large development and as such cannot be a commencement of this development or, therefore, a breach of any of its conditions. Instead its installation was undertaken without the benefit of planning permission. This application was invited to regularise the CHP unit.

19. Until such time as the CHP unit is relocated it will not be operational, i.e. it is mothballed. Therefore, given that the unit is already in situ, and its relocation would be part of another development (the impacts of which have already been assessed) the sole impact of the unit is its visual impact for a 12 month period.

20. The only clear-cut views of the CHP unit from the public realm are those from Hungarton Lane. In the main these views would be afforded whilst travelling eastwards on Hungarton Lane; views whilst travelling westwards are reduced by existing vegetation and topography. Any views from Hungarton Lane are of a green unit of the same colour as those agricultural buildings behind it, which reduces its impact. The visual impact of the unit is relatively minor and in addition it needs to be taken into account that it is for a limited period whilst the adjacent development is constructed. The operation of this CHP unit and its relocation can be controlled by condition and subject to this the development would be acceptable.

21. The comments received from Hungarton Parish Council are, in the main, not pertinent to this development by virtue that they relate to the adjacent development (references 2015/1650/02 and 2017/0115/20 [the latter an undetermined planning application to increase the throughput of the anaerobic digester]). The only comment from the Parish Council which relates to the merits of this application is that they consider there is no explanation of the breach. The explanation given in the application is that the applicant was not aware that planning permission was required for the temporary location of the unit. Whilst breaches of planning control need to be treated seriously, any enforcement action is discretionary and dependent on whether it is expedient to take action. In this case, the action taken was to request a retrospective planning application to bring the breach under control given the circumstances. Whilst the Parish Council and those making representations have concerns about the breach of planning control and adjacent developments, little weight can be given in the determination of this application to the Parish Council comments. .

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Conclusion

22. In conclusion, there should not be any additional significant adverse impacts upon the local landscape from this proposal subject to the relocation of the CHP unit within 12 months. Consequently, it is considered that the proposal accords with the policies of the development plan and is recommended for approval accordingly.

Recommendation

A. Permit subject to the conditions, as set out in the appendix.

B. To endorse, as requested by The Town & Country Planning (Development Management Procedure) Order 2015 (as amended):

(i) How we have worked with the applicant in a positive and proactive manner: In dealing with the applications and reaching a decision account has been taken of paragraphs 186 and 187 of the National Planning Policy Framework.

Officer to Contact Mr. P. C. Larter (Tel: 0116 305 7292)

E-Mail [email protected]

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APPENDIX Conditions

1. Within 12 months of the date of this planning permission the CHP unit hereby permitted shall be moved from the location edged with a solid red line on drawing PIC1701 01 dated 12/05/2017 and to the location shown on drawing SA18701/02 revision A dated May 15 that forms part of planning permission 2015/1650/02 dated 12th July 2016.

2. The CHP unit within the location edged with a solid red line on drawing PIC1701 01 dated 12/05/2017 shall not be operated until such time as it has been relocated in accordance with condition 1 of this planning permission.

Reasons

1. In the interests of improving the visual amenity of the local area.

2. To minimise any adverse impact of noise generated by the development on local residents.