Doncaster Metropolitan Borough Council

DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE - 25th June 2013

Application 01

Application 12/01362/FULM Application 17th September 2012 Number: Expiry Date:

Application Planning FULL Major Type:

Proposal Development of a liquid fertilizer and irrigation lagoon (97.5m X Description: 102.5m).

At: Land To The North-East Of Ling House Lane Barnby Dun Doncaster

For: Mr Oliver Pashley

Third Party Reps: 3 x Petitions (640 Parish: Stainforth signatures) 15 letters of representation

Ward: Stainforth and Moorends

Author of Report Roy Sykes

MAIN RECOMMENDATION: GRANT ** APPLICATION PREVIOUSLY CONSIDERED BY PLANNING COMMITTEE**

THE ABOVE APPLICATION WAS CONSIDERED BY THE PLANNING COMMITTEE ON 28.05.13 AND WAS DEFERRED FOR A SITE VISIT ON 21.06.13.

Members will recall that the Planning Committee resolved to defer making a decision on the application in order:

1. To see and examine the liquid fertiliser at the ReFood plant at De Mulder’s and view the clay capping process; and

2. To examine the actual site of the proposed lagoon to assess the visual impact, the proximity of the PROW and the distances to surrounding dwellings.

1.0 Reason for Report

1.1 This application is being presented to the Planning Committee at the request of Councillor Keegan and as a result of the public interest shown in the application.

2.0 Proposal and Background

2.1 The application seeks full planning permission for the formation and use of a lagoon for the storage of a liquid fertiliser for use of this material on adjacent agricultural fields that are owned and farmed by the applicant.

2.2 The storage lagoon will have a maximum holding capacity of 25,000 tonnes and will receive deliveries of the liquid fertiliser from a local Anaerobic Digestion (AD) facility known locally as ReFood (part of the Prosper De Mulder Group) via the existing road network. The applicant already takes this material from ReFood on a regular basis and applies it to land for growing Winter Wheat, Winter Barley, Sugar Beet, Winter Oil See Rape and many other crops and vegetables. The spreading of this material onto agricultural land is permitted by the Environment Agency due to the agricultural benefits that this process provides.

2.3 In terms of dimension the proposed lagoon will be 102.5m long x 97.5m wide with a total depth of 3m to provide the required storage capacity, whilst still providing a 75cm freeboard (see Fig. 3). The material resulting from the excavation of the lagoon will be used to create screen bunding that will be 1.3 metres above existing ground level. A wooden fence is to be erected around the lagoon to prevent unauthorised access, which will be screened with hedgerow planting in order to reduce any visual impact (see Fig.4).

2.4 The lagoon itself is located in a field owned by the applicant approximately 1km to the south of the main farm holding of Bramwith Hall, which is located opposite Hall Lane in the village of South Bramwith. The lagoon will be accessed off Hall Lane/Doncaster Road along a farm access track (see Fig. 2). There are no residential properties within 250m of the proposed lagoon, with the nearest property (Ling House) being located to the south- east at a distance of approximately 450 metres (see Fig. 1). 2.5 The proposed construction methodology is as follows:

 Excavation - existing topsoil will be stripped and placed in a bund around the outside of the proposed banking area. Material will then be excavated down to reach the formation levels.

 Lining – clay needs to be imported and compacted in layers, which will be tested to ensure final permeability.

 Landscaping - the previously stockpiled topsoil will then be pushed over the lagoon banking in order to allow a satisfactory landscaping scheme to be achieved.

2.6 Importantly, since the application was originally submitted the applicant has taken on board the concerns raised by both consultees and residents (in particular in relation to odour) and has responded in a positive manner. In particular this has included improving site access, supplementary landscaping works, additional odour impact survey work and importantly the use of a permanent cover over the lagoon (see below under ‘Residential Amenity’ section).

3.0 Relevant Planning History

3.1 There is no relevant planning history.

4.0 Representations

4.1 The application has been advertised in accordance with Circular 15/92. This has entailed:

• A press notice in The Star on 2nd August 2012; • A site notice posted at Ling House Lane; • A site notice posted at the junction between the access track, Doncaster Road, Hall Lane; • A site notice posted at the caravan site to the north; • A site notice posted at Oldfield Crescent, Stainforth.

4.2 At the time of preparing this report there have been 15 individual letters of representation received objecting to the proposal. In addition, three petitions have also been received – one with 204 signatures, another with 97 signatures and another received since the application was considered by at the previous Planning Committee meeting with 339 signatures. In total there are now three petitions with 640 signatures objecting to the proposal. The concerns raised in both the letters and petitions relate to the following matters:

• Proximity of the proposal to residential areas; • Odour that will be emitted as a result of the open storage; • Potential for adverse health impacts; • Concern over the potential for pollution of the ground water (aquifer); • The nature of the material to be stored in the lagoon; • Increased risk of vermin/flies; • Flood risk/over-topping of the lagoon; • That this is a commercial venture rather than agricultural one; • Increase in the amount of HGVs; • Unsuitable nature of the current access track; • Dangerous turning from the access track onto Stainforth Road. • Decrease in the value of house prices and retail outlets (this is not a material planning consideration).

4.3 Cllr Keegan has raised the following concerns:

 Fear of odours emanating from standing liquid in lagoon drifting over settlements nearby i.e. Stainforth and Barnby Dun particularly in hot weather;  Site is close to built up areas and very close to public footpath;  It would have a significant visual impact on otherwise open landscape.

4.4 On the 5th September 2012, Cllrs Revill, Nevett and Hall as elected Members for Barnby Dun, Kirk Sandall and Edenthorpe raised concerns in relation to the following matters:

1. Potential for adverse odour impact; 2. The proposal is a commercial rather than agricultural venture; 3. Large increase in HGV’s travelling through Barnby Dun; 4. Access down the existing track is unsuitable; 5. Turning onto Station Road is unsuitable for HGVs.

5.0 Parish Council

5.1 Stainforth Town Council have objected to the proposal on the following grounds:

• Transport to proposed site is considered to be highly unacceptable and at odds with the purpose of a public right of way. Given the capacity of the lagoon, extensive, heavy traffic will need to access the site and is viewed as inappropriate.

• Potential health and safety risks. The size of the proposed lagoon gives rise to serious concerns about potential accidents for curious, young people who may visit the site and also from the material stored therein and the potential for the attraction of vermin due to the nature of the content of the lagoon.

• The size of the lagoon represents an extensive area and concerns about the volume and nature of the waste to be stored therein.

• Potential odours. Current muck spreading exercises are detectable as they are being carried out and for some time after and there is a fear that odour management on the scale of this lagoon will be an even bigger issue.

5.2 Barnby Dun and Kirk Sandall Parish Council have similarly raised concerns over the potential for odour. 6.0 Relevant Consultations

Natural England – No objections but would welcome any potential for increasing the biodiversity interest of the area.

Animal Health and Veterinary Laboratories Agency (AHVLA) – No objections. The material to be stored/used derives from a facility that is approved and inspected by AHVLA.

Health Protection Agency – Have raised no objections subject to the following considerations:

 Systems are put in place to ensure that the site only accepts those wastes it specifies and has systems in place to deal with any prohibited wastes delivered to site. This is a matter for the Environment Agency in relation to the need for an Environmental Permit/Waste Management Licence.

 Views should be sought from the Local Authority Environmental Health Department in relation to odour nuisance.

 The management and mitigation measures outlined within the application need to be implemented, which are sufficient to prevent off-site nuisance issues.

DEFRA – Have not responded.

Internal Drainage Board – No objections. No drainage ditches will be impacted on and there will be no discharge into watercourses.

Public Rights of Way – Initially raised objections. However, in light of revised plans proposing an increase in the width of the access track (to accommodate both pedestrians and HGVs) in tandem with the relatively small number of HGVs using the track, the initial objection was withdrawn.

South Yorkshire Archaeology Service – Have not responded – but the land is considered to be of low archaeological potential being a ploughed agricultural field.

Environment Agency (EA) – No objections subject to conditions and informatives to ensure protection of the ground water resource. The EA advised at the time of their consultation response that the proposal may require an Environmental Permit. However, the recent re-classification of the material as being PAS 110 (Publically Available Specification 110) certified, confirmed by the Environment Agency, means that the storage of this material on the land will no longer require an Environmental Permit as it is no longer deemed to be a waste product.

Environmental Health– Have been involved in intense discussions with the applicant’s agent to produce a mitigation strategy aiming to ensure that the potential for adverse odours are appropriately mitigated. Accordingly, based on a range of supplementary surveys and mitigation proposals Environmental Health have raised no objections in their final response subject to conditions – see ‘Residential Amenity’ section below for more detail in this regard.

Highways (Transportation and Development Control) – No objections subject to conditions.

Pollution Control – No objections from a contaminated land or air quality perspective.

Yorkshire Water – No objections subject to consultation with the Environment Agency to ensure that pollution risk to the Sherwood Sandstone aquifer is minimised.

Drainage Officer – No objections subject to conditions.

Ecologist Planner – No objections subject to appropriate screen planting being incorporated that should include native hedgerow. Amended plans have been produced to incorporate this requirement.

Tree Officer- No objections. Agrees with the Ecologist’s comments that hedgerow screening will be beneficial.

7.0 Relevant Policy and Strategic Context

National Planning Policy Framework Principle 3 – Supporting a Prosperous Rural Economy Principle 4 – Promoting Sustainable Transport Principle 7 – Requiring Good Design Principle 8 – Promoting Healthy Communities Principle 10 – Meeting the Challenge of Climate Change, Flooding and Coastal Change Principle 11 – Conserving and Enhancing the Natural Environment

National Planning Policy Planning Policy Statement 10: Planning for Sustainable Waste Management

Doncaster Council’s Core Strategy CS3 – Countryside CS4 – Flooding and Drainage CS16 – Valuing our Natural Environment CS18 – Air, Water and Agricultural Land

Barnsley, Doncaster and Rotherham Joint Waste Plan Policy WCS6: General Considerations for all Waste Management Proposals

Saved Doncaster Unitary Development Plan ENV4 – Countryside Policy Area

Other Material Documents/Policies Publicly Available Specification 110 (PAS110) 8.0 Planning Issues and Discussion

8.1 The proposal has been screened for Environmental Impact Assessment (EIA) in accordance with The Town and Country Planning (Environmental Impact Assessment) Regulation 2011. The proposal is not Schedule 1 development requiring mandatory EIA. The proposal is, however, potentially caught by Schedule 2 (Part 11) i.e. Installations for the disposal of waste (both over 0.5 Ha and within 100 metres of controlled waters). The proposal is not strictly speaking ‘disposal’ as it is to be stored for the beneficial use as a fertiliser on adjacent land. Nevertheless, it is akin to such considerations and the assessment criteria laid out in Schedule 3 have been assessed. The cumulative impact of both storage and spreading of this material over the land holding has been considered and in summary it is considered that it is unlikely that the proposal will have a significant effect on the environment in terms of the characteristic of the development, the location of the development or the characteristics of the potential impact. Indeed, the material is already spread onto this agricultural land with the permission from the Environment Agency.

8.2 The main issues to consider in the determination of this application, therefore, are:

• The principle of the development • The nature of the material • Residential amenity (odour, dust, noise, vermin) • Groundwater protection (including flooding and drainage matters) • Landscape and visual impact • Ecology and trees • Highways/Public Rights of Way

The Principle of the Development

8.3 The proposal is located within an area of the borough designated as Countryside Policy Area. As such saved Unitary Development Plan (UDP) Policy ENV4 is relevant as too is the more recently adopted Core Strategy Policy CS3.

8.4 In terms of overall national policy, NPPF Principle 3 states that planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development. Specifically, planning should help to promote a strong rural economy by amongst other things promoting the development and diversification of agricultural and other land-based rural businesses.

8.5 Saved UDP Policy ENV4 states that developments in the countryside will not normally be permitted for purposes, other than, agriculture and other such uses appropriate to a rural area.

8.6 Core Strategy Policy CS3 echoes ENV4 by stating under sub-section B) that proposals will be supported where they would be appropriate to a countryside location. Proposals generally acceptable and relevant include agriculture, suitable farm diversification schemes and limited extensions appropriate in the countryside. 8.7 Core Strategy Policy CS18 importantly states that proposal will be supported which facilitate the efficient use of Doncaster’s significant agricultural land and soil resources, including proposals which support the primary purpose of food production whilst maximising opportunities for recreation and wildlife.

8.8 The proposal is for the construction and use of a storage lagoon for liquid fertiliser/irrigation purposes for agricultural purposes and to be utilised on adjacent agricultural land that is owned by the applicant. The Environment Agency have advised that it is good practice to apply fertiliser at times when the crops can utilise it and to therefore have the ability to store the material and use it when the field conditions are suitable is good for the environment/food production.

8.9 In terms of principle therefore, the proposal being directly associated with improved agricultural practices is therefore in accordance with the main thrust of the NPPF, Core Strategy Policies CS3 and CS18 and saved Unitary Development Plan Policy ENV4.

Nature of the material to be stored

8.10 The material to be imported and stored at this site derives from the local ReFood Anaerobic Digestion (AD) facility located just outside of Doncaster town centre. AD is an advanced waste treatment technology that diverts food and organic waste from landfill in order to produce renewable sources of electricity. The Quality Protocol for Anaerobic Digestion (QPAD) only allows source-segregated wastes to be used i.e. wastes that are from a single stream and not from mixed waste sources such as would be typical for black bin bag waste. Wastes that are permitted under the QPAD have been deemed not only suitable for processing through an AD system, but also for spreading on agricultural land. The waste types are various but are broadly grouped as follows:

• Agricultural wastes (e.g. manures, plant wastes) • Food preparation wastes (e.g. vegetable peelings, meat tissues, wash down waters) • Dairy wastes (e.g. milk and washdown waters) • Food and drink production wastes (e.g. spent grains, bakery waste materials) • Industrial wastes (e.g. washdown waters, paper sludge, fats and greases) • Municipal wastes (e.g. kerbside collected food waste, food market waste)

8.11 Any AD plant that accepts wastes that include the processing of meat tissue are required to achieve approval by the AHVLA. The plant is subject to veterinary supervision by DEFRA, guaranteeing that every aspect of its operation meets the requirements of the European Animal By-Product Regulation (2002/1774/EC).

8.12 The operator is also working in line with the measures laid out in Publicly Accessible Specification 110 (PAS110). The purpose of PAS110 is primarily two-fold. Firstly to ensure that digested materials are made using suitable inputs and effectively processed by the AD process for a sufficient period of time and secondly to ensure that the process has been well managed and monitored so as to produce digested material that meets market needs whilst importantly protecting the environment. ReFood gained their BioFertiliser Certification as certified by the Organic Growers and Farmers in April 2013 (see Fig. 12). This means the previously required permits from the Environment Agency to spread this material to land (or indeed to store it) are no longer required as the material is now no longer technically deemed to be a waste.

8.13 In terms of content, the digestate is used as a fertiliser in land-spreading to release valuable nutrients (Nitrogen, Potassium etc.) needed by the land to produce crops. The applicant’s farm-holding is located within an area that last year was designated as being under ‘drought conditions’ resulting in a requirement to abstract additional water in order to irrigate crops. It is noted that the lagoon will not only be used to store digestate, but irrigation water. Stored surface runoff water will be held within the lagoon for application in dry summer months in line with spreading activities for fertiliser requirements. This will act to dilute the digestate and therefore dour impact in comparison to current direct to land spreading activities. The development of the lagoon will reduce the requirement to abstract water as the digestate will be in liquid fertiliser form and the lagoon will also be used as an irrigation point for the storage of water. The proposed development of the lagoon will therefore importantly assist in boosting cropping rates from both water addition and a source of nutrients.

8.14 In terms of planning policy, PPS10 has at its heart the key planning objective of delivering sustainable development by driving the management of waste up the waste hierarchy. In summary, waste should be treated as a resource through reuse and recycling with disposal being deemed to be a last option. Although the material is no longer technically deemed to be a waste (as a result of the PAS110 and QPAD certification), it is still nevertheless material derived from a waste processing facility and as such national waste policy is still considered relevant in determining potential issues. Annex 5 of PPS10 includes the following considerations:

• Protection of water resources; • Visual intrusion; • Nature conservation; • Traffic and access; • Odour; • Dust; • Vermin and birds; • Noise.

8.15 All of these matters have been considered within the following report, but in general terms the proposal to store the digestate on this site for agricultural benefit fundamentally moves from disposal of a substance to its reuse and in so doing conforms with the waste hierarchy principle. This material is already inspected by the AHVLA at source (i.e. the ReFood facility) and is currently applied to land with the Environment Agency’s approval. ReFood have achieved PAS110 and QPAD certification and the application has considered and addressed all the matters laid out in Annex 5 of PPS10. Accordingly, the proposal is deemed to comply with PPS10. Residential Amenity

8.16 Principle 11 of the NPPF requires that the planning system contributes to the natural and local environment by preventing both new and existing developments from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise.

8.17 PPS10 requires that in relation to odour, dust and vermin, consideration should be given to the proximity of sensitive receptors and the extent to which adverse emissions can be controlled through the use of appropriate and well-maintained and managed equipment and vehicles.

8.18 As part of the application two Odour Mitigation Plans (OMPs) has been submitted. One deals with the storage of the material in the proposed lagoon and the other deals with how the material is to be applied to the land. The aim of both is to lay out steps to reduce any potential for adverse odour impacts. The later plan (for applying the material to land) is beyond the scope of this planning application consideration as planning permission is not required to spread this substance to land. The OMP in relation to storage of the material is, however, a key consideration – especially given the level of local objection received in relation to this concern in relation to odour.

8.19 In order to understand more fully the concerns raised by the local community a joint planning and environmental health meeting was held at ReFood on 30th October 2012 to experience first-hand both the processes involved in producing the material and to assess the characteristics of the digestate to be stored on this site for use as a fertiliser. The AD process itself helps to reduce odour by removing the methane and sulphur content from the substance. Environmental Health Officers in their formal response following the visit state that ‘it was identified that the by-product did not emit a strong odour after processing’. However, Environmental Health still raised potential concerns about possible odours forming due to the long-term open storage of the liquid digestate. This led to additional odour impact modelling work being undertaken together with additional odour mitigation measures being adopted.

8.20 In terms of the additional odour survey work, Environmental Health have advised that the applicant has correctly used BS13725:2003 - European Standard for measuring odour contraction, along with guidance document H4 - Odour Guidance from the Environment Agency, in addition to relevant DEFRA guidance for the purposes of the odour assessments. Sensitive receptors (see Fig. 1) considered in this assessment are:

1 – Mill Field Lodge (Doncaster Road). 2 – The Allotment Site. 3 – Ling House. 4 – Stainforth Road Garage. 5 – Long Toft Primary School (Stainforth) 6 – Transmoor Bungalow. 7 – Caravan Site (Doncaster Road) 8 – Fox Farm (South Bramwith) 8.21 Environmental Health Officers have noted that even when adopting a worst case scenario (i.e. assuming that digestate is unloaded to spreading tanks over a seven day period for two hours for an entire month, every month) it is still not anticipated that significant odour impacts will occur at these sensitive locations.

8.22 In relation to the open storage of the material, the applicant has taken on board the concerns raised by local residents and Environmental Health Officers and have agreed to permanently cover the lagoon to limit further reduce any potential for the release of odour.

The lagoon cover will be formed by the addition of lightweight expanding clay granules that have been inoculated with naturally occurring bacteria species. The formation and maintenance of the cover will be done by a contractor with experience in installing such systems (e.g. Ameram) and following its initial installation will not require replacing as a result of its self-sustaining nature (see Fig. 13). However, it has been agreed that the cover will be subjected to regular visual/smell checks especially during import and export of digestate and should any issues with the cover be identified the contractor who originally installed the system will be informed to undertake remedial actions. Importantly, during such periods, no further receipt of material will take place until the lagoon cover has been repaired. Finally, a fixed pipe with a sealed cap will be installed within the lagoon to ensure that digestate is always added to/removed from below the pre-formed protective cover. These matters are to be secured as a condition of the planning permission.

8.23 With regard to vermin, this will be controlled primarily as part of the cover over the lagoon, which will prevent direct access apart from a stand pipe with cover. No digestate will therefore be open to the air. A condition has been recommended to require a visual check when unloading/loading digestate to ensure that there are no signs of vermin and for steps to be carried out should vermin be present.

8.24 The remaining environmental matters such as noise and dust are most likely to be generated during the construction of the irrigation lagoon with the operational phase being effectively an agricultural process in an agricultural area. It is proposed to attach a planning condition requiring a Construction Impact Management Plan to be approved prior to development commencing so that the construction phase can be managed sympathetically.

8.25 The proposal, subject to proposed conditions, is deemed to be in accordance with the NPPF and PPS10.

Flooding, Drainage and Ground Water Protection

8.26 The application has been supplemented by a Flood Risk Assessment (FRA) given that the site is located within Flood Zone 3. Principle 10 of the NPPF (along with the associated NPPF Technical Annex) details the procedural process for considering all types of development in flood risk zones.

8.27 Principle 11 of the NPPF states that it is important to prevent new developments from contributing to an unacceptable risk from water pollution. 8.28 Core Strategy Policy CS4 states that all developments within flood risk areas will be supported where they pass the Sequential and/or Exceptions Tests (if required).

8.29 Also relevant to the consideration of this proposal is Core Strategy Policy CS18, which at sub-section D) states that proposals will be supported that contribute to the protection and enhancement of Doncaster’s water resources including proposals that:

1. Minimise abstraction requirements; 2. Provide water storage areas to irrigate farmland; 3. Demonstrate that pollution risks can be mitigated, both during the construction and operational phases.

8.30 Turning in detail to matters to do with flood risk, the site is located in an area designated as Flood Zone 3 (high risk). However, the flood risk assessment that has been prepared has not found any evidence of flooding having occurred on this site. In terms of Sequential Test there are no other reasonably sited locations within this area with a lower risk of flooding, which will allow the applicant to site the proposal on their land. The site has, however, been carefully located at the highest point of all surrounding fields owned by the applicant in order to reduce any flooding potential.

8.31 The Environment Agency has model data for the lower River Don Catchment showing modelled water levels for six different annual probabilities at a point to the north of the proposed site location at Bramwith Hall. In a worst case scenario predicted flood levels in this locality have been estimated at 7.41m AOD. Elevations on the proposed development site range from 8.31m to 9.53m AOD, which demonstrates that in a worst case flood scenario, the risk of flooding at site is very low. In addition the increase in ground level by the low bund surrounding the site will raise this protection by an additional 1.3m.

8.32 In accordance with Table 3 of the NPPF Technical Guidance, the Sequential Test has been applied and passed given that there are no alternative site locations available to the applicant to situate the development within a lower risk flood zone given the widespread flood risk zoning in his entire area. The proposed development is classified as a ‘Less Vulnerable’ use and as such the development is deemed appropriate without the need to apply the Exception Test. Finally, the proposed development is a means of agricultural diversification that will reduce dependency on extracted water supplied to irrigate crops.

8.33 In terms of groundwater protection, the Environment Agency, Yorkshire Water and Internal Drainage Board have raised no objections in principle subject to a condition recommended by the Environment Agency. Detailed advice given by the Environment Agency emphasises the need for any facility such as this to be built in accordance with primary legislation i.e. The Silage, Slurry and Agricultural Fuel Oil (SSAFO) Regulations and The Nitrate Pollution Prevention Regulations. Should the fertiliser be allowed to enter surface water and result in a water pollution incident then this would be an offence under The Environmental Permitting Regulations. Accordingly, the lagoon will need to be clay- lined in accordance with a scheme to be approved, tested and monitored by the Environment Agency – as secured by their recommended planning condition. The SSAFO also requires notification to be given to the Environment Agency prior to construction of a lagoon. 8.34 The Environment Agency, Yorkshire Water, the Internal Drainage Board and the Council's Drainage Officer have raised no objections. As such, the proposal accords with the NPPF and Core Strategy Policies CS4 and CS18.

Landscape and Visual Impact

8.35 The NPPF attaches great weight to the design of the built environment and states that planning decisions should aim to ensure that developments are visually attractive as a result of appropriate landscaping.

8.36 Core Strategy Policy CS3 states that proposals will be supported where they are appropriate to a countryside location and protect and enhance the countryside for the sake of its intrinsic character and beauty.

8.37 In terms of the existing landscape the area is dominated by both arable and pasture fields, clumps of trees and hedgerows (see Fig. 2). Specifically, approaching the site along the access track/public right of way there is a substantial (approximately 2 metre high) Hawthorn hedgerow off to the right of the track (see Figs. 8, 9 & 10). To the left of the track is a low grassed earthen bank with the odd hawthorn bush. This area to the left is to be used for widening the access track to accommodate both HGV and pedestrian access. The hedgerow to the right affords excellent visual screening towards the proposal from Doncaster Road.

8.38 The two key design rationales that have been considered by the applicant for the final appearance of the proposal are firstly, the safe and secure storage of digestate and secondly a proposal that blends in well with the surrounding countryside. The proposal will comprise the principal excavation of the lagoon, which will provide material necessary to create a low raised bund that will be 1.3 metres above existing ground level. A timber fence will then surround the bund in order to prevent public access, to be sited at the bottom of the slope in order to reduce its visual impact in the landscape. This will then be screened with further hedge planting around all four sides of the lagoon/fence to help soften further the proposed development’s landscape impact.

8.39 In terms of the proposed hedgerow landscaping the species chosen is Hawthorne, which is a native species recommended by both the Planning Ecologist and Tree & Hedgerow Officer and in keeping with the existing species in this area. The planting will be in two, staggered rows at a density of not less than 5 per metre with approximately 450mm between plants in the same row, and 300-400mm between rows. These will be planted within this pattern in groups of 2 to 3. The planted hedgerow will be protected from rodent damage with spiral tree guards, which will be removed once the plants are well established (i.e. after approximately 3-5 years).

8.40 The existing landscape in this area comprises agricultural fields dominated by hedgerows and clumps of tree planting, which already affords visual screening of the application site. Given the relatively modest low level rise of the bund, which will become naturally colonised by native species, it is considered that the visual impact of the actual lagoon structure will be negligible and with the addition of the hedgerow planting will in time become even further screened. 8.41 The proposal is therefore in accordance with the main aims of the NPPF, Core Strategy Policy CS3 and saved UDP Policy ENV4.

Trees and Ecology

8.42 Principle 11 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. As such opportunities to incorporate biodiversity in and around developments should be encouraged.

8.43 The proposed development is proposed on a currently farmed field and as such the biodiversity value of the site is low to negligible. In order to provide visual screening of the relatively low raised bunding surrounding the lagoon (see Landscape and Visual Impact section above) hedgerow planting has been proposed. This in itself will have a positive biodiversity result by creating a new habitat, for example for nesting birds etc., on this site.

8.44 The proposal is therefore in accordance with the NPPF and Core Strategy Policy CS16.

Highways and Public Rights of Way

8.45 Principle 4 of the NPPF states that transport policies have an important role to play in facilitating sustainable development and in contributing to wider sustainability and health objectives. Specifically in relation to the current proposal the NPPF requires that safe and suitable access to a site can be achieved for all people.

8.46 Principle 8 of the NPPF requires that proposals should protect and enhance public rights of way and access.

8.47 The current access to the site is along a loose gravel track that is utilised by the applicant to enable farm machinery to enter the surrounding fields. The track is accessed from the crossroads with both Hall and Doncaster Road (see Fig. 5). The track currently receives light usage from light to heavy agricultural machinery. The track is privately owned by the applicant and is also a public right of way. Currently the access track has an average width of 3.5m, which is suitable for the proposed haulage required in order to supply liquid fertilisers for the lagoon storage. However, following the submission of the original planning application concerns were raised by Public Rights of Way in relation to the potential conflict between increased HGV accessing the site and users of the right of way.

8.48 To address this concern the applicant has submitted revised plans to show how the track will be widened to a width of 5.5m in order to maintain safe access for pedestrians. The road surface is proposed to be constructed from graded aggregate and compacted to ensure a stable surface. There are currently no ditches or hedges that will be impeded by the widening of the track including the area for vehicle turning and loading. The site itself will also not be open to the general public a 1.5m gated fence will surround the lagoon to prevent access at all times. On this basis, Public Rights of Way have removed their objection subject to a condition requiring a scheme to be submitted, based on the 5.5m width of the track, which demarcate segregated (pedestrian/HGV) uses of this route.

8.49 In terms of deliveries, HGV’s will primarily approach the site from the south-west using Doncaster Road from the direction of the AD facility in Doncaster. Due to the very low impact of vehicular movements for this proposal a Traffic Statement was not considered necessary.

8.50 Following construction of the lagoon there will be a limited period in which the liquid fertiliser will be required to be delivered in order to fill the lagoon. This is essential in order to prevent the clay lining from dying out and cracking, which could result in leaking and damage to the environment. This will take place over a period of one month following completion of construction in order to quickly fill and secure the clay lining. Given the short term relatively intense nature of this part of the process, Highways (Development Control) have recommended a condition be imposed for a Traffic Management Plan to be devised and approved prior to development commencing in order to exercise control over the construction period. However, once constructed future HGV movements will be relatively minimal and restricted to the following times:

 Monday to Friday: 4 in/day; 4 out/day; no more than 16/week – all between the hours of 9am and 5pm;

 Saturday, Sunday, Bank Holidays: No movements at all.

8.51 Highways (Development Control and Transportation) and Public Rights of Way have raised no objections subject to conditions primarily as a result of the access improvements proposed in tandem with the relatively low number of HGV’s visiting the site. The proposal is therefore in accordance with the NPPF.

Summary

8.52 The proposal to construct a liquid fertiliser and irrigation lagoon for use on adjacent agricultural land complies with both national and local policies for such developments in terms of principle, residential amenity, groundwater and flooding, biodiversity, visual impact and highways/public rights of way considerations.

8.53 In terms of principle the proposal is both integrally associated and needed for the agricultural practices carried out by the applicant in this area and proposals for improving and diversifying agricultural practices are supported. The proposal will reduce the reliance for needing abstracted water and will provide more control for the applicant over the condition of the land in order to maximise the agricultural benefits in producing food crops. The material to be used is derived from a facility that is monitored by both the AHVLA and Environment Agency and is deemed to be PAS110 and QPAD compliant.

8.54 Although there have been a large number of representations against this proposal the concerns raised have been carefully investigated, considered and mitigated. Conditions requiring various measures to be in place both prior to and following construction of the lagoon, in particular a permanently maintained cover system, will safeguard the living conditions of residents. The Environment Agency have not raised any objection in relation to flood risk or groundwater protection – again subject to conditions being strictly complied with and importantly requiring the lagoon to be clay-lined to an appropriate standard. The visual impact of the proposal in the Countryside Policy Area has been mitigated through the low-key design and additional screening. The banks surrounding the lagoon will rise to only 1.3 metres above existing ground surface and this will be surrounded by new hedgerow planting that will itself increase the biodiversity value of this area and blend the proposal into the existing landscape features. In terms of pedestrian safety, the access track is to be widened to allow use by both people and HGV’s, the latter of which will involve a relatively low-level number of deliveries to the site. The lagoon itself will also be segregated from pedestrians both in geographic location away from the path and by a surrounding wooden fence.

8.55 Accordingly, the proposal is recommended for planning approval subject to conditions and informatives.

THE FOLLOWING MATTER WAS REPORTED TO THE PLANNING COMMITTEE

1. Request to speak:

Request to speak by Ben Brown or Anthony Walker - Walker Resource Management Ltd. - in support of the application. The request complies with the request to speak procedure 'Having your say at Planning Committee'.

Request to speak

Cllr Revill automatically complies with the request to speak procedure being an elected member.

Cllr Hall automatically complies with the request to speak procedure being an elected member.

2. Report Correction:

Insert new paragraph 4.4:

On the 5th September 2012, Cllrs Revill, Nevett and Hall as elected Members for Barnby Dun, Kirk Sandall and Edenthorpe raised concerns in relation to the following matters:

This paragraph and the issues raised have now been incorporated into the main body of the report. 3. Additional representations:

Four additional letters of objection and a petition with 300 [correction required – actually 339] signatures were received late on and accordingly reported to the Planning Committee as pre-committee amendments.

Since the application was deferred the Local Planning Authority have since received one additional letter of representation. All of these additional representations have been added to the summary sheet at the beginning of the report to provide a running total for ease of reference and is further detailed in section 4 of the officer’s report. The issues raised have already been addressed within the officer’s report i.e. nature of the waste, increased HGV movements through the villages, potential for odours and health impacts, concern over people gaining access and falling into the lagoon.

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

RECOMMENDATION

Planning Permission GRANTED subject to the following conditions.

01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASON Condition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

02. U34449 The development hereby permitted must be carried out and completed entirely in accordance with the terms of this permission and the details shown on the approved plans listed below:

1. Drawing Ref: LPS05 Rev1 – Proposed Lagoon to store digestate – dated 13/4/2012; 2. Drawing number TCS/WRM/001-3 dated 27 Sept 2012; 3. Lagoon Odour Management Plan (Issue 2 - Oct 2012); 4. Design and Access Statement (Issue 2 – 29th Jan 2013) – in particular the measures laid out in para. 2.7; 5. Odour Impact Assessment (Issue 1 – Jan 2013) - in particular the proposed mitigation measures in para. 6.0; 6. Vehicle Access and Construction (Issue 1 – Sept 2012) 7. Email from Agent to DMBC entitled 'Lagoon Cover' dated 5th March 2013 sent at 14:41 - detailing the procedural steps for forming and maintaining the lagoon cover. REASON To ensure that the development is carried out in accordance with the application as approved.

03. U34451 Unless otherwise approved in writing by the Local Planning Authority, access to the site shall be restricted to the access indicated on plan TCS/WRM/001-3 dated 27 Sept 2012. REASON To ensure that highway safety is not compromised by the use of alternative and inferior accesses.

04. U34452 Unless otherwise approved in writing by the Local Planning Authority, the maximum number of HGVs leaving the site per day during the operational phase of the development (excluding construction and the initial filling of the lagoon) shall not exceed 4 with a maximum of no more than 16 HGVs in any weekly period. REASON In the interest of highway and pedestrian safety

05. U34453 The operator shall maintain records of all HGVs and collection vehicles entering the site and these records shall be made available for inspection by the Local Planning Authority within two working days of a verbal or written request. REASON To assist in the monitoring and compliance with the above condition.

06. U34454 The revised access layout shall be in accordance with DMRB TD41/95 – Access layout 1. The first 20 metres of track from the Doncaster Road junction shall be of tarmac construction. Detailed engineering drawings for the proposed new access arrangements together with details for the track widening works (including measures to clearly demarcate pedestrian and vehicle uses of the track) shall be submitted for inspection and approval by the Highway Authority before works commence. REASON In the interest of highway safety

07. U34455 No development shall take place until a Traffic Management Plan for the construction and filling of the lagoon has been submitted to the Local Planning Authority for written approval. The approved plan shall be adhered to throughout the construction and filling phase. REASON In order to mitigate the impact of construction traffic in the interest of highway/pedestrian safety.

08. U34456 No development shall take place until a Construction Impact Management Plan has been submitted to the Local Planning Authority for written approval. The approved plan shall be adhered to throughout the construction phase. REASON In order to mitigate the impact of construction impacts in the interest of residential amenity and highway/pedestrian safety.

09. HIGH1 Before the development is brought into use, that part of the site to be used by vehicles shall be surfaced, drained and where necessary marked out in a manner to be approved in writing by the local planning authority. REASON To ensure adequate provision for the disposal of surface water and ensure that the use of the land will not give rise to mud hazards at entrance/exit points in the interests of public safety.

10. HIGH2 The vehicle turning space as shown on the approved plans shall be constructed before the development is brought into use and shall thereafter be maintained as such. REASON To avoid the necessity of vehicles reversing on to or from the highway and creating a highway hazard.

11. U34457 Unless otherwise approved in writing by the Local Planning Authority, site deliveries of the liquid digestate shall be restricted to the following hours:

0900 - 1700 hrs Mondays to Fridays; and at no time on Saturdays, Sundays or Bank Holidays or Public Holidays.

REASON To ensure that the amenity impact of operations remain within acceptable limits.

12. U34459 The Development shall not commence until a scheme for the proposed surface water run-off works has been submitted to and approved by the Local Planning Authority. The development shall be carried out in full accordance with the approved scheme. REASON To prevent surface water flooding.

13. U34460 The development hereby permitted shall not be commenced until a scheme detailing the design and construction of the lagoon, together with a hydro-geological risk assessment of the lagoon, has been submitted to, and approved in writing by, the local planning authority. The scheme shall include details to demonstrate that the design and construction methods will not give rise to the risk of pollution to the water environment, and shall be implemented, subject to any changes to the scheme that may subsequently be agreed in writing with the Local Planning Authority. REASON To provide adequate long term protection to the water environment at the site, comprising groundwater in the underlying Principal Aquifer (Sherwood Sandstone) and abstractions associated with the Source Protection Zone.

14. U34461 The lagoon hereby permitted shall be kept permanently covered, monitored and maintained throughout the life of the development in accordance with a scheme that has been submitted to and approved in writing by the Local Planning Authority prior to the filling of the lagoon. The scheme shall be based upon the lagoon odour management plan and supplementary information received from the agent in the email dated 5th March 2013 and shall include, but not be limited to, matters such as:

1. The specification and methodology for installation of the cover; 2. Details of the contractor installing the cover; 3. The location of and specification for installing the fixed pipe with sealed cap; 4. The timing and methodology for monitoring the integrity of the cover - to include a visual assessment of the lagoon cover to check for any holes or degradation and an olfactory (sniff) test to ensure that no strong odours are being emitted and training for staff making deliveries to the site to ensure that the process is operated, monitored and recorded within specification; 5. The erection of a wind monitoring device to record on the day of the deliveries the wind direction; 6. Keeping of written records as part of the monitoring programme required in points 4 and 5 above - to be made available to the LPA upon request; 7. Remedial steps to be carried out should any issues be identified during the lagoon checks (as required in step 4 above); 8. Visual checks for vermin and proposed mitigation measures to remove them from site.

REASON In the interest of residential amenity in terms of odour and vermin mitigation

15. U34464 No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials, height, and type of fencing to be erected on site, including gates and warning signs. Unless otherwise approved in writing by the local planning authority, the details as approved shall be completed before the development is brought into use. REASON To ensure the satisfactory appearance of the development. 16. VS19 The scheme of landscaping which has been agreed as part of this application shall be begun during the first available planting season following the commencement of the development hereby granted. It shall thereafter be maintained by the site owner for a period of five years. Any tree or shrub planted in accordance with the scheme which becomes damaged or diseased, or dies or is removed within the five years shall be replaced during the next planting season. Any staking, tying, weeding, watering and other action deemed necessary by the Local Planning Authority shall be carried out by the owner in accordance with the Authority's publication 'Landscape Specification in Relation to Development Sites'.

REASON To ensure the maintenance of a healthy planting scheme in the interests of amenity.

17. U34466 Only liquid digestate deriving from the ReFood facility shall be imported and stored at the site unless otherwise approved in writing by the Local Planning Authority. REASON In the interest of residential amenity in terms of odour and to address the fears raised by members of the local community.

18. U34468 In the event that the lagoon cover becomes damaged or falls into a state of disrepair the contractor who originally installed the cover, or any another suitably qualified contractor who has been first approved by the Local Planning Authority, shall be immediately informed to undertake remedial actions. During this repair period there shall be no further importation of liquid digestate until such time as the cover has been fully repaired. REASON In the interest of residential amenity

INFORMATIVES

01. U06624 Tie in to / any works carried out on the public highway by a developer or anyone else other than the Highway Authority shall be under the provisions of Section 278 of the Highways Act 1980. The agreement must be in place before any works are commenced. There is a fee involved for the preparation of the agreement and for on-site inspection. The applicant should make contact with Malc Lucas – Tel 01302 735110 as soon as possible to arrange the setting up of the agreement.

02. U06625 Doncaster Borough Council Permit Scheme (12th June 2012) - (Under section 34(2) of the Traffic Management Act 2004, the Secretary of State has approved the creation of the Doncaster Borough Council Permit Scheme for all works that take place or impact on streets specified as Traffic Sensitive or have a reinstatement category of 0, 1 or 2. Agreement under the Doncaster Borough Council Permit Scheme's provisions must be granted before works can take place. There is a fee involved for the coordination, noticing and agreement of the works. The applicant should make contact with Paul Evans – Email: [email protected] or Tel 01302 735162 as soon as possible to arrange the setting up of the permit agreement.

03. U06626 Best Practicable Means shall be adopted and employed at all times to minimise the potential odours associated with the storage/spreading of liquid digestate derived from the anaerobic digestion of food waste.

04. U06627 The report submitted with the application states that the clay liner will have a depth of at least 1m and the final permeability will be less than 1x10-9 metres per second, however there is no detail to say how this will be achieved. The Environment Agency will require a method statement to show how this will be achieved. An outline of suitable tests and the acceptance criteria are given in CIRIA report 126. Testing should be to BS1377 standard and will commonly involve methods such as ‘Triaxial’ testing. Investigations should be carried out to determine the depth of the water table. The water table should be below the level of the proposed base level of the lagoon at the wettest time of the year.

05. U06628 It is possible that the applicant may need to import clay materials to form the base of the lagoon, which could constitute waste material. If any waste is to be used on site, the applicant will be required to obtain the appropriate waste exemption or permit from us. We are unable to specify what exactly would be required if anything, due to the limited amount of information provided. The applicant is advised to contact the Environment Management team at our Rotherham Office on 01709 312733 or refer to guidance on our website http://www.environment- agency.gov.uk/subjects/waste

06. U06629 The storage facility must be constructed and operated in accordance with the Water Resources (Silage, Slurry and Agricultural Fuel Oils) Regulations 2010. Every farmer has to comply with the SSAFO regulations if they build a new store, or substantially alter one built before 1 September 1991. Farmers must notify their environmental regulator before they use the new or substantially altered stores.

In England and Wales, farmers are required to give us 14 days notice and notify us using the WQE3 form. These forms can be obtained from the Environment Agency Web Site and the address they should be sent to is-:

The Environment Agency, Bowbridge Close, Bradmarsh Business Park, Templeborough, Rotherham, S60 1BY, FAO Simon Taylor

07. U06630 The developer shall ensure that no vehicle leaving the development hereby permitted enter the public highway unless its wheels and chassis are clean. The deposition of material on the public highway is an offence under the Road Traffic act. In the event that material is deposited on the public highway, the operator should note that only licensed operators are permitted to carry out cleaning of the public highway. At present, DMBC could remove such deposits, and the developer responsible can be charged for this.

Reasons(s) for Granting Planning Permission:

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission:-

1. Having regard to the policies and Doncaster Council's Core Strategy 2011-2028 and the saved Doncaster Unitary Development Plan 1998 policies set out below, and all relevant material planning considerations:

National Planning Policy Planning Policy Statement 10: Planning for Sustainable Waste Management

Doncaster Council’s Core Strategy CS3 – Countryside CS4 – Flooding and Drainage CS16 – Valuing our Natural Environment CS18 – Air, Water and Agricultural Land

Barnsley, Doncaster and Rotherham Joint Waste Plan Policy WCS6: General Considerations for all Waste Management Proposals

Saved Doncaster Unitary Development Plan ENV4 – Countryside Policy Area

Other Material Documents/Policies Publicly Available Specification 110 (PAS110)

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed liquid fertiliser/irrigation lagoon is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the National Planning Policy Framework, PPS10, Doncaster Council's Core Strategy, Joint Waste Plan for Barnsley, Doncaster and Rotherham and the saved policies of the Doncaster Unitary Development Plan, justifies this proposal. In terms of principle the proposal is both integrally associated and needed for the agricultural practices carried out by the applicant in this area and proposals for improving and diversifying agricultural practices are supported. The proposal will reduce the reliance for needing abstracted water and will provide more control for the applicant over the condition of the land in order to maximise the agricultural benefits in producing food crops. The material to be used is derived from a facility that is monitored by both the AHVLA and Environment Agency and is deemed to be PAS110 and QPAD compliant.

Although there have been a large number of representations against this proposal the concerns raised have been carefully investigated, considered and mitigated. Conditions requiring various measures to be in place both prior to and following construction of the lagoon, in particular a permanently maintained cover system, will safeguard the living conditions of residents. The Environment Agency have not raised any objection in relation to flood risk or groundwater protection – again subject to conditions being strictly complied with and importantly requiring the lagoon to be clay-lined to an appropriate standard. The visual impact of the proposal in the Countryside Policy Area has been mitigated through the low-key design and additional screening and is already well screened from the main Doncaster Road by both its remoteness and due to the existing hedgerows in this area. The banks surrounding the lagoon will rise to only 1.3 metres above existing ground surface and this will be surrounded by new hedgerow planting that will itself increase the biodiversity value of this area and blend the proposal into the existing landscape features. In terms of pedestrian safety, the access track is to be widened to allow use by both people and HGV’s, the latter of which will involve a relatively low-level number of deliveries to the site. The lagoon itself will also be segregated from pedestrians both in geographic location away from the path and by a surrounding wooden fence.

Importantly, since the application was originally submitted the applicant has taken on board the concerns raised by the Local Planning Authority (in particular in relation to odour) and has responded in a positive manner. In particular this has included improving site access, incorporating supplementary landscaping works, carrying out additional odour impact survey work and importantly the use of a permanent cover over the lagoon.

N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be viewed on the Council's Website www.doncaster.gov.uk/planningapplicationsonline. APPENDIX 1 - Figures

Fig 1 – Site location plan – the points (R01 – 08) are ‘sensitive receptors’ assessed during the Odour Impact Assessment survey Fig 2 – Aerial View Caravan Park STAINFO RTH H all R o a d Access Point Don Predominant wind cast direction er Roa d

Ling House

BARNBY DUN Fig 3 – Proposed lagoon plan Access track widened from 3.5m to 5.5m

Fig 4 – Proposed lagoon and access onto Doncaster Road Hall Barnby Road Stainforth Dun

Access

Fig 5 – View looking west towards Hall Road/Doncaster Road crossroads

Fig 6 – Looking north (to Stainforth) Fig 7 – Looking south (to Barnby Dun)

Fig 8 – View up the track towards the site Fig 9 – Existing hedge remains in situ - road widening to be done to the left

Fig 10 – Close up view of existing hedge to the right (good screening) Fig 11 – View south-east across the application site

Fig 12 – Certificate of Compliance Fig 13 – ‘BioCrust’ self-expanding clay lagoon cover factsheet (by Ameram)