Doncaster Metropolitan Borough Council
Total Page：16
File Type：pdf, Size：1020Kb
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.