Ashford Borough Council - Report of Development Control Managers Planning Committee 9 February 2010 ___________________________________________________________________ Application Number 10/01580/AS Location Land at North West of and adjoining Shirkoak Park, Woodchurch, Kent Grid Reference 939/366 Parish Council Woodchurch Ward Weald South Application New Sewage Treatment Plant including grassed irrigation Description plots to replace existing facility and double door kiosk. (retrospective) Applicant Mr Alfie Best, Wyldecrest Parks Ltd, New Road, Rainham, Essex RM13 8DR Agent Mr Chris Pullins, Protech UK, The Croft, Bower Road, Ashford, Mersham, Kent, TN25 6NN Site Area 0.16 Hectares (a) 136/2R (b) S (c) EA X, EHM(EP) X Introduction 1. The application is reported to the planning committee at the request of one of the Ward Members, Councillor Mrs. Hicks. Site and Surroundings 2. The application site is located to the north west of the caravan park within a field where the existing sewage treatment plant (STP) is located. 3. The countryside forms part of the Low Weald Landscape Character Assessment Area (LCA). 4. Site location plans are attached to this report as Annex 1. Proposal 5. Full planning permission is sought to construct a new sewage treatment plant (STP) to replace the existing Bio Treatment plant (5 Marsh Industry Tanks) that is to be removed once the replacement plant has been fully 7.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 9 February 2010 ___________________________________________________________________ commissioned. Planning permission is required because the development relates to an engineering operation as well as operational development. 6. All new units (totalling three tanks positioned parallel to the Park) will be installed below ground level and the excavated spoil be used to level the surrounding area. Above ground there will be a monopitch roof double door kiosk measuring 1.838m x 1.225m in footprint and 1.250m at its maximum height. This will be located to the south western corner of the tanks. In addition, to accommodate the effluent there will be 3 irrigation grass areas measuring 40m x 12.5m and totalling an area of 1500m² located close to the road within a field to the north of the Park. It is understood that treated effluent will be pumped intermittently throughout a 24 hour day and distributed evenly across each area via a gravity feed from a distribution channel. The effluent passing over the grass will be collected in a channel from where it will be directed into the highway ditch. 7. The STP and kiosk have already been built and the grass irrigation plots are under construction. The application is therefore retrospective. 8. The application states the following in relation to maintenance: • Feed and collection channels will be swept occasionally and each plot will be rotated and when taken out of operation be allowed to dry out before the grass is cut. Cut grass will be collected and removed from the plot. It is anticipated that this will occur at least three times a year. • The Operator will ensure that the necessary annual maintenance of the receiving watercourse will be undertaken. This will include annual clearance of vegetation and if the flow capacity has been reduced, excavation of the ditch bed. 9. The applicant has obtained a licence from the Environment Agency to discharge into the watercourse. Planning History 10. No relevant planning history. Consultations Ward Member: One of the Ward Members requests that the application is heard by the Planning Committee. Both Ward Members are Members of the Committee. Portfolio Holder – Development Management: Comments as follows: “At this early stage my thoughts on this application are as follows. Although on the face of it this would appear to be an application which might be expected to give rise 7.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 9 February 2010 ___________________________________________________________________ to concerns, it seems to me that there may well be no real objection to these proposals. The Environment Agency does not object. The Council’s EHO supports the application, as does the Parish Council. As things stand, I can see no real objection to this development.” Neighbours: 136 neighbours notified; 2 letters of objection raising the following concerns: (a) The application is not valid for the following reasons: • The land is incorrectly described in the application; • As far as can tell from inadequate plans, the STP is to be located on the Park itself and the treatment beds in an agricultural field and therefore separate applications are required with properly detailed and dimensioned plans; • The irrigation beds are raised above the field level which is not shown on the submitted plans; • Planning Permission is not sought for a change of use of land from agriculture nor for a widening of existing vehicular access – there is much difference between the occasional use of a gateway to a field and access to a site of over 120 residential units; (Development Control Managers comment: The application site address is correct and the plans clearly show that the STP is to be located on land to the rear of No. 109 Shirkoak Park. Whilst there are two application sites this can be dealt with under one planning application, especially given that they are related. The dimensions and location of the development is clear from the plans. There is no reason to say that the application is invalid. An existing agricultural access to the road has been slightly widened to allow for the equipment to be brought on to the site but this would not have required the benefit of planning permission. The access is not proposed to give access to the park. • Regularly see grass snakes, slow worm and lizards on adjacent land which is old pastures and therefore real possibilities that these species may exist together with potential for newts as numerous ponds nearly; (b) If consent is given with no proper safeguards and conditions the land will effectively become part of Shirkoak Park - already understand the access has been used for the delivery of additional mobile. (Development Control Managers comment: This application is only for built development and this is what would be permitted by virtue of any planning permission. Neither of the red line application site areas fall within what is considered to be the lawful part of the caravan park in any event. If planning 7.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 9 February 2010 ___________________________________________________________________ permission is granted for this operational development it will not grant planning permission for the use of the land for the stationing of caravans. (c) The agricultural holding certificate has been signed saying that no part of the land is part of an agricultural holding – when in its previous ownership it was; (d) The grass irrigation plots consist of raised up soil – probably 2 feet or more above the land to the north. Fear that the effluent will leak on to the adjacent land. (e) Connect to the main drainage in the village would be by far the most satisfactory solution for all concerned. Woodchurch Parish Council: supports but would like referral to the Planning Committee and for the following comments to be taken into consideration: • The land is agricultural land but there is no application for a change of use; (Development Control Manager comment: No application for change of use is required and any permission will not grant a change of use for an extension of the park. Any permission will only allow the physical works of construction for the structures shown within the application.) • The Sewerage Consultant has stated that the grass on the sewerage beds will be cut and removed for the site at least 3 times a year. Why does it need to be removed – is it contaminated?; • There has been no wildlife ecology survey; • There are serious concerns that despite the Environment Agency’s statement to the contrary the effluent being discharged into the ditch on the Bethersden Road is not up to discharge standard. (Development Control Manager comment: the quality of the discharge is a matter for the Environment Agency and the discharge to the ditch will require a separate permit. The Agency is already in discussions with the applicant). • Serious concerns were also expressed that work had been carried out prior to planning consent, Under the Court judgement sewage could have been removed from the site by tanker until proper consideration had been given to the application. Would like to know what action ABC is taking to address this. (Development Control Manager comment: it is not this council’s normal practice to take action against unauthorised development whilst it is considering an application to regularise the situation). Environmental Health Manager: supports commenting that the recent issuing of a variation and consolidated permit by the Environment Agency, to allow the relocation of the original discharge from the Sewage Treatment Plant serving the Park, includes emission limits and monitoring requirements. The emission limits are significantly tighter than the previous consent and the operator will therefore need to improve the 7.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 9 February 2010 ___________________________________________________________________ quality of the effluent. To achieve the new emission limits a higher standard of effluent treatment is required. I understand the replacement STP has therefore been designed to provide the requisite standard of effluent treatment. The new development will allow the applicant to comply with the EA permit. As the existing STP will not be required after the new Plant commissioned then recommend condition requiring redundant plant to be removed and also time limit imposed for the removal of the redundant plant. Environment Agency: raise no objection Planning Policy 11.