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Dover District Council Planning Committee – 16

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Dover District Council Planning Committee – 16 DOVER DISTRICT COUNCIL PLANNING COMMITTEE – 16 JANUARY 2014 REPORT OF THE REGENERATION AND DEVELOPMENT MANAGER a) DOV/13/0716 – Erection of an anaerobic digestion plan and silage clamps, the formation of bunds, drainage ponds and associated hard- standing and landscaping, Great Cauldham Farm, Cauldham Lane, Capel-le-Ferne. Reason for Report: The number of third party contrary views. b) Summary of Recommendation Grant planning permission. c) Planning Policy and Guidance Dover District core Strategy (CS) • DM1 states that development will not be permitted on land outside the rural settlement confines unless specifically justified by other development plan policies, or it functionally requires such a location, or it is ancillary to existing development or uses. • DM3 relates to commercial buildings in the rural area, stating that permission for new commercial development will only be given when it is located at a rural Service Centre of a Local Centre and is consistent with the scale and setting of the settlement, or is at a village, provided that it would not generate significant travel demand and is in other respects consistent with the scale and setting of the settlement. It states that in all cases, development should be within rural settlement confines, unless it can be demonstrated that no suitable site exists, in which event it should be located adjacent to the settlement unless there is a functional requirement for it to be located elsewhere. • DM11 states that development that would increase travel demand outside the settlement confines will not be permitted, unless justified by development plan policies. Development that would generate high levels of travel will only be permitted within the urban areas that are well served by a range of means of transport. • DM13 states that parking provision should be a design-led process, based upon the characteristics of the site, the locality, the nature of the development and its design objectives. • DM15 states that development that would adversely affect the character or appearance of the countryside will only be permitted if it meets certain criteria, which are: o It is within an allocation made in Development Plan Documents), or; o It is justified by the needs of agriculture; o It is justified by a need to sustain the rural economy or rural economy; o It cannot be accommodated elsewhere; and o It does not result in the loss of ecological habitats. o Measures to reduce any harmful effects on countryside character. • DM16 states that development that would harm the character of the landscape, as identified through the process of landscape character assessment will only be permitted if it is in accordance with allocations made in DPDs and incorporates necessary avoidance and mitigation measures, or it can be sited to avoid. Reduce harm and/or incorporate design measures to mitigate the impacts to an acceptable level. • DM17 states that certain development will not be permitted in Groundwater source Protection Zones (SPZ) 1 and 2 unless safeguards against possible contamination are provided. Developments include septic tanks, storage tanks, development that may include activities that would pose a high risk of contamination (unless effluent can be directed out of the SPZ, proposals for manufacture/use of organic chemicals and sustainable urban drainage systems. National Planning Policy Framework • The NPPF states that at its heart is a presumption in favour of sustainable development, to be seen as a golden thread running through decision- taking. It sets out three dimensions to sustainable development: economic, social and environmental and provides twelve principles that should undertake decision-taking. • One of the core principles of the NPPF is to support the transition to a low carbon future and encourage the use of renewable resources. • It states that planning should support the delivery of renewable and low carbon energy and associated infrastructure, which is seen as central to the economic, social and environmental dimensions of sustainable development. • Local Planning Authorities should have a positive strategy to promote energy from renewable and low carbon sources. • Applications should be approved if the impacts are (or can be made) acceptable. • It states that great should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty. d) Relevant Planning History DOV/13/506 – screening opinion for anaerobic digestion plan – EIA not required. e) Consultee and Third Party Responses Principal Ecologist : will defer to the AONB unit. Environmental Protection : No objection, subject to conditions ( full comments in body of report ). County Highways : No objection ( full comments in body of report ). Rural Planning Limited : No objection. The land is of Grade 4 agricultural quality and the proposal would not involve the loss of best and most versatile farmland. The proposal should benefit the farm, by way of farm business diversification and also be by way of integration with farm production, with the farm providing the source feedstock material and receiving in turn the digestate by-product for use as fertiliser on the land. Environment Agency : No objection, subject to conditions. Southern Water : No objection, subject to a condition in relation to drainage. Natural England : No objections. The site is in close proximity to Folkestone Warren Site of Scientific Interest. The proposal is unlikely to affect any statutorily protected sites or landscapes. AONB Unit : No objections subject to conditions. Provides the following advice: “The applicant has provided a planting plan and compensatory planting. To seek to ensure that this industrial-style function does not impact on the conservation and enhancement of the Kent Downs AONB, the AONB unit has provided suggests of additional planting of a more joined-up network and better screening of the access road. The proportion of the holding required for biomass and the impact that the biomass plan would affect the overall farming practices and landscape implications should be considered. The AONB unit has advised that this could be controlled by way of a condition to restrict import of feed to farm waste from other holdings. A condition should be attached to restrict the import of feedstock to neighbouring farms to ensure that the traffic movements would not be increased. A condition should be attached to ensure that at the end f the useful life of the plan, all structures and hard-standings are demolished and removed and the land is restored to agricultural use.” Capel-le-Ferne Parish Council : Raises a number of concerns and suggests measures and conditions, in summary: • Conditions to ensure that appropriate noise levels are adhered to; • Measures to ensure that odour is controlled; • Concern that the silage clamps would be uncovered; • Concern that other waste may be used as a feed. There should be a prevention of food waste from being used and to ensure that only crops grown on the land should be used as feed; • A condition should require screening from the public footpath; • Ensure that there is no adverse impact on neighbouring properties; • There appears to be no benefit to the neighbourhood and no requirement to employ additional employees. Requests that this be investigated further; • Requests a disaster management plan to set out how potential major problems would be dealt with; • Any future changes should require planning permission; • The percentage reduction in cereal crop yield is of concern. Any additional reductions should require planning permission; • Concern that crops would be grown specifically for the plan and the anticipated environmental impact; • If the farm is unable to produce enough feed-stuff, this would require additional traffic movements. Concern over Cauldham Lane being used, which is an extremely narrow, highly inhabited country lane, unsuitable for this type of traffic movement; • Foul odours, close to the village; • Traffic problems and heavy lorry movements; • Environmental damage in an AONB. Third party letters of representation 198 letters have been received, which includes 196 letters of objection, one letter of support, one letter of comment and a petition objecting to the development. Letters of objection : • The AD plan should only be used by Great Cauldham farm; • Volume of traffic; • Implications if the ‘Alkham Valley Road route is blocked (lorries would have to go through the village); • Sat navs would take lorry drivers through Cauldham Lane; • Surrounding lanes are narrow; • The plan is too close to the village; • Access; • Odour; • The existing use of slurry is a problem for the village; • The EA has been unable to stop emissions, it can only minimise them; • There have been a number of explosions at the German plants; • Pollution to the water course; • Noise from plant and traffic; • Once the digesters are constructed, they could start taking food waste, which would have odour implications; • Storage before and after the waste is sealed in the digester would cause odour; • A condition should be attached to prevent future adaptation; • No benefits to Capel; • No employment or social benefits to the village; • Environmental damage to the AONB; • Industrialisation in an unspoilt area; • Other brown-field sites could have been used instead; • Growing crops specifically for industrial purposes would allow the land to be re-designated and allow future development; • Agricultural land that is suitable for growing cereal crops should not be used for
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