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Council Chamber, County Hall, Northampton Agenda Item No: 05 Democratic Services County Hall Northampton NN1 1AT Development Control Committee Minutes: 10 October 2018 starting at 10am Venue: Council Chamber, County Hall, Northampton (Meeting held in public) PRESENT:- Councillor Judith Shephard (Chairman) Councillor Rebecca Breese Councillor Andrew Kilbride Councillor Graham Lawman Councillor Stephen Legg Councillor Winston Strachan (Deputy Chairman) Also in attendance (for all or part of the meeting) Councillor Gill Mercer Northamptonshire County Council Councillor Andrew Mercer Northamptonshire County Council Councillor Jason Smithers Northamptonshire County Council Councillor David Jenney Deputy Leader, East Northamptonshire District Council Councillor Richard Lewis East Northamptonshire District Council Peter Bone, MP Member of Parliament for Wellingborough Roy Boulton Assistant Director Environment, Planning and Transport Mark Chant Head of Planning Services Ben Luck Democracy Officer (Minutes), NCC Paul Hanson Democratic Services Manager, NCC Peter Moor Principal Development Control Officer Phil Watson Development Control Manager (DCM) 30 members of the public also attended. 13/18 Apologies for non-attendance Apologies were received from Councillor Osborne, Councillor Waters and Jenny Daniels. 14/18 Notification of Requests from Members of the Public to Address the Meeting Item 7 (20/18) – Construction of Plastic Recycling and Recovery Facility involving the conversion of waste plastic by pyrolysis into diesel, petrol and liquid petroleum gas at Land at Upper Higham Lane, Rushden, Northamptonshire , NN10 0SU: Against: • Kaye Pentland on behalf of residents association called RAID. • Mr Philip Giddings – speaking on difference aspects on behalf of RAID • Cllr Jason Smithers • Patricia Buckman • Peter Bone MP • Councillor Gill Mercer • Councillor Richard Lewis • Councillor Andrew Mercer • Councillor David Jenney – speaking on the Chelveston Plant [Letter also submitted from Tom Pursglove, MP who sent apologies due to parliamentary business. Members took the appropriate time to read the contents of the letter during the meeting.] For: • Victor Buchanan – representing the applicant 15/18 Declaration of Members’ Interests Item Councillor Type Nat ure 7a Gill Mercer Discloseable Councillor Mercer did not participate non-pecuniary as a committee member due to her interest. involvement against this proposal. There was no declaration of whip. 16/18 Chairman’s Announcements The Chairman welcomed committee members and thanked Barbel Gale, the outgoing Democracy Officer supporting the committee, for her sterling work with the committee. The Chairman explained that the Development Control Manager (DCM) would introduce each item, the public speakers would then be invited to speak with Members of the Committee being able to ask questions following their address and then the DCM would respond to points raised. 17/18 Minutes of the meeting held on 27 February 2018 RESOLVED that: The minutes of the meeting held in public on 27 February 2018 (copies of which were previously circulated) were agreed as a true and accurate record of the meeting. County Council Planning Applications 19/18 County Council planning applications determined and outstanding RESOLVED that: the Development Control Committee noted the report on County Council planning applications determined and outstanding. Minerals and Waste Planning Applications: 20/18 Construction of Plastic Recycling and Recovery Facility involving the conversion of waste plastic by pyrolysis into diesel, petrol and liquid petroleum gas at Land at Upper Higham Lane, Rushden, Northamptonshire , NN10 0SU (NCC ref: 18/00006/WASFUL; ENC Ref: 18/00349/NCC) The Chairman invited the DCM to introduce the report (copies of which had been circulated previously) who made the following points: • The application site was circa 1.9 hectares in size as seen in the site visit, and situated to the east of the towns of Rushden and Higham Ferrers. The total size of the industrial complex was 7 hectares. • One of the industrial buildings was subject to fire damage over ten years ago. • The site currently was used for the recycling of rubber tyres. • Planning permission was granted in 2016 for replacement of the fire damaged building to locate a combined heat and power plant to convert Refuse Derived Fuel and Solid Recovered Fuel into energy pellets. • The proposal concerned the applicant, Energy Roots Ltd, seeking planning permission to redevelop the site and construct a new plastic recycling and recovery facility which would process/convert plastic by pyrolysis into diesel, petrol and liquid petroleum gas replacing the current rubber recycling operations. Consultation: • The summary of responses from the consultation was described including: • Objection from East Northamptonshire District Council – Planning and Environmental Protection; • Objection from Chelveston-cum Caldecott Parish Council regarding the health of nearby residents and concerns relating to ecology, HGV routing, visual impact and archaeology and air quality; • Objection from Melchbourne and Yelden Parish Council concerning health risks from pollution, ecology, visual impact, cumulative impact, noise, HGV movement, impact on public rights of way. • Objection from Stanwick Parish Council regarding inappropriate location, traffic, health risk in the event of fire, contrary to National Planning Policy for Waste. • Objection from Rushden Town Council regarding the impacts of pollutants on the local population and sensitive sites, the appropriateness of the technology to be used, achieving environmental regulatory requirements, and noise and odour. • Objection raised from RAID Residents Association on behalf of some residents regarding the use of agricultural land. (It was confirmed no agricultural land would be used). • No objection from the Environment Agency with comments provided on the permitting process. It was clarified at the meeting that this development would be a high profile site for monitoring and that there was a requirement for the applicant to pay for the monitoring regime as part of the permitting process. • No objection from Anglian Water bar the condition of a foul water strategy being submitted. • No objection from Public Health England. • No objection in principle subject to conditions relating to further access improvements. Public Advertisement and Neighbour Notifications: • 102 letters were received from local residents objecting to the proposed development with themes including: traffic/highway safety, amenity/pollution impacts, risk to health, ecology, contamination, design, fire risk, visual impact. • Tom Pursglove MP. A letter was circulated to the committee that stated his objections to the application on behalf of his neighbouring constituents. Development Plan Policies and National Planning Policies: • The report listed the most relevant plans for the proposal including the National Planning Policy Framework, National Planning Policy for Waste, Northamptonshire Minerals and Waste Local Plan, North Northamptonshire Joint Core Strategy and Chelveston-cum-Caldecott Neighbourhood Development Plan. Assessment: • Reference was made to the waste hierarchy and the proposed development satisfying the NPPW’s aim of sustainable development. • Reference was made to the Chelveston-cum-Caldecott Development Plan at paragraph 7.13 and the fact that the development would not satisfy these requirements on building height but that a precedent for higher buildings had already been set by the 2016 permission. • Reference was made to legal fall-back being a material consideration and the relevant case law outlined in paragraph 7.16 and weight should be attributed to this in the balanced judgement. • The application was seeking to alter and improve the teaching facilities at the school to ensure its educational spaces were suitable for the increased pupil numbers and for modern teaching requirements; Traffic and Highway Safety: • Reference was made to traffic volumes relating to the proposed and existing permitted developments in the table under paragraph 7.20. Column C reflects the total HGV figures. Amenity Impact: • In regards to noise impact, a noise assessment was submitted in accordance with British Standard BS 4142:2014 and deemed appropriate. • In regards to odour, the impact has been deemed to be minimal and acceptable. • In regards to air quality and concerns over potential health impacts, the emissions from the plant would be assessed in detail by the Environmental Agency as part of the environmental permitting process and the applicant has submitted the environmental permit application. • The perceived risk of harm to health was acknowledged but there is no evidence to support the development would create an unmanageable risk. Landscape and Visual Impact • Reference was made to wind turbines and cranes as at paragraph 7.44. The assessment noted the views about the proximity of wind turbines and cranes near the development. It was noted that these will provide a context for the most prominent element of the proposed development, the 35m chimney stack, which will partially mitigate its visual effect. The fall back permission also permits a larger building and a 25m flue. Nevertheless, the development will have a negative impact on landscape character. Other Matters • Reference was made to paragraph 7.59 – the Rushden East Sustainable Urban Extension, which is a proposed housing development of 2,500 new homes 850 metres southwest/west of the application site. This was
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