Agenda item

This application has been referred to Planning Committee at the request of Councillor Bush due to concerns relating to: the nature of the proposal being a substantial industrial process, rather than a typical agricultural facility; failure to satisfy Policy EN1 in that the design and size of the development would create an adverse visual impact on the surrounding countryside and rural landscape; highway access is unsuitable; the substantial quantities of chicken waste and odour together with a risk to water pollution would adversely impact on public amenity; minimal contribution to the local economy; lack of social  benefits; number of traffic movements from a significant distance would generate substantial carbon emissions in relation to an environmental role; and, dis-benefits with economic, social and environmental roles lead to the development not being sustainable development.

Councillor Bush had earlier in the meeting declared a personal interest in Planning Application 20/00194/FUL – Land North West of Redhouse Farm, Oakley Road, Wix Manningtree CO11 2SF due to being both the Parish and Ward Councillor.

 

Members were informed that this application had been referred to the Planning Committee at the request of Councillor Bush due to his concerns relating to: the nature of the proposal being a substantial industrial process, rather than a typical agricultural facility; failure to satisfy Policy EN1 in that the design and size of the development would create an adverse visual impact on the surrounding countryside and rural landscape; highway access was unsuitable; the substantial quantities of chicken waste and odour together with a risk to water pollution would adversely impact on public amenity; minimal contribution to the local economy; lack of social  benefits; number of traffic movements from a significant distance would generate substantial carbon emissions in relation to an environmental role; and, dis-benefits with economic, social and environmental roles lead to the development not being sustainable development.

 

It was reported that the application was for two buildings to raise broiler chickens. A new vehicular access would be created to the buildings and there would be associated structures including silos, plant room outbuilding, water tank structures, gas tanks and a gate house outbuilding. The main buildings would be to an identical design and have a typical agricultural building appearance; being of a steel portal construction covered by olive green coloured polyester coated profiled sheeting except for the plinth to the walls, some 0.5m in height, of pre-formed concrete.

 

Though the site was in a rural locality, between the settlements of Wix and Great Oakley, within the parish of Wix and set within open countryside, the site was at a position which was not prominent in the landscape and the proposals included landscaping works. The proposal was in planning terms therefore considered by Officers to be an agricultural use within an agricultural area.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (TF) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of:

 

A combined letter signed by 5 households on Oakley Road, which included the following reasons for objection:

 

·         “This proposed development neither improves the efficiency of land use, nor reduces the loss or greenfield / open space.  It will result in increased traffic through Wix and Great Oakley and specifically on Oakley Road.  The applicant, who does not live locally, will have to make daily car journeys to from the site as will the two individuals who will be working part-time at the site;

·         The location of the proposed development is outside the Settlement Development Boundaries of both Wix and Great Oakley villages.  Given the scale of the development, which is an industrial scale development where 750,000 chickens will be processed each year, it is clearly going to detract from the appearance and character of the area between Wix and Great Oakley;

·         It is clear that this proposed development of an industrial scale chicken processing facility on a greenfield site will lead to the material loss of best and most versatile agricultural land.  The current owner of the field (not the applicant) where the proposed chicken farm is going to be located has recently been ploughing and spreading fertiliser on the field, so clearly it remains a viable agricultural land;

·         According to the Agricultural Land Classification map (ALC008) published on 18 November 2011, the land upon which the proposed development is planned falls in Grade 2 and therefore this planning application should be should be refused as there is no special justification for siting an industrial scale chicken processing unit at this location; 

·         The proposed development does not make a positive contribution to the quality of the local environment and does nothing to protect or enhance local character;

·         The proposed development is an industrial scale chicken processing farm which will create smells, noise, large volumes of effluent, increased traffic and will have a significant adverse impact on the local landscape and countryside character.  For this reason, this proposal should be rejected;

·         This proposed development is not dependent on a farm holding and could be sited anywhere.  Red House Farm is no longer a farm, but a residential home and the land involved has been part of Great Oakley Lodge since the 1980s;

·         Agriculture will not be performed at this location.  What is proposed is an industrial scale chicken processing facility that could be located anywhere;

·         Clearly, for security etc., external lighting will be provided at the site, which will introduce an urban character into the rural area between Wix and Great Oakley;

·         It is evident from the modelling and other work undertaken by the applicant’s consultants, and contrary to the comments by the Council’s Environmental Officer, the neighbouring properties will be impacted by the construction and operation of this industrial chicken processing plant on Oakley Road, particularly from smell, but also from noise, light pollution, increased traffic on Oakley Road and in the villages of Wix and Great Oakley, etc; 

·         Dovercourt Dock River, which flows though both Dovercourt and Harwich, runs alongside the site and there is a significant risk of it becoming polluted with run-off from the site.  There are also a number of ponds and farm reservoirs in the area, where migrating ducks and geese breed each year.  These birds will undoubtedly visit the proposed surface pond at the site bringing a risk of spreading avian viruses and disease from the chickens;

·         Setting the development back one field does not ameliorate the fact that the access road to the site will be visible from Oakley Road;

·         If the Council’s primary concern is the protection of the open character and the value of the landscape, for the benefit of all the residents of the district then this planning application should[LH1]  be rejected.  Although plotland developments refer to residential housing, it is clear that this type of new industrial facility does nothing to protect the countryside and fails on sustainable development grounds.” 

 

Parish Councillor Robert Stephens, representing Wix Parish Council, spoke against the application.

 

Parish Councillor Yvonne Bailey, representing Great Oakley Parish Council, spoke against the application.

 

Councillor Mike Bush, the local Ward Member, spoke against the application.

 

Ian Pick, the agent acting on behalf of the applicant, spoke in support of the application.

 

Following discussion by[LH2]  the Committee, it was moved by Councillor Harris, seconded by Councillor Casey and RESOLVED, that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

Conditions and Reasons:

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following approved drawings:

Site location plan, IP/AHB/06

Block plan, IP/AHB/02

IP/AHB/03

IP/AHB/04

IP/AHB/05

Soft landscape proposals, IPA1055-SL

Landscaping specification

21314-04-2

21314-03 a

21314-04

21314-03-2 a

           

Reason – For the avoidance of doubt and in the interests of proper planning.

 

3.         Prior to first use of the vehicular access hereby approved a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall have been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

- Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure and the infiltration testing methods found in chapter 25.3 of The CIRIA SuDS Manual C753.

- Limiting discharge rates to matched Greenfield runoff rates based on the provision of Long Term Storage for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change.

- Demonstrate that all storage features can half empty within 24 hours for the 1:30 plus 40% climate change critical storm event.

- Final modelling and calculations for all areas of the drainage system.

- Detailed engineering drawings of each component of the drainage scheme.

- A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

            - A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

Reason – In the interest of the provision of sustainable drainage in accordance with Policy QL3 of the adopted Local Plan, Policy PPL1 of the emerging Local Plan and the provisions of the National Planning Policy Framework at paragraphs 163 and 170.

 

4.         No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i.      the parking of vehicles of site operatives and visitors

2. loading and unloading of plant and materials
3. storage of plant and materials used in constructing the development
4. wheel and underbody washing facilities
5. prior to the commencement of any work on the site, a joint inspection of the route to be used by construction vehicles should be carried out by the Applicant and the Highway Authority, including photographic evidence.
6. a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works
7. noise control
8. emission control
9. dust control

 

Reason - To ensure that parking on the highway does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety  and to ensure that construction does not lead to excess water being discharged from the site.

 

5.  Prior to first use of the development the following shall have been provided or completed:

            a) A priority junction off Oakley Road to provide access to the proposed site as shown in principle on planning application, amended viability and access plan drawing number: 21314-03 a.

            b) Kerb radii measuring 15 metres.

            c) No unbound material shall be used in the surface treatment of the vehicular access within 30 metres of the highway boundary.

 

Reason - To ensure that vehicles can enter and leave the highway in a controlled manner and to avoid displacement of loose material onto the highway in the interest of highway safety.

           

6.         Prior to first use of the development, the road junction / access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 4.5 metres by 160 metres in both directions, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction / access is first used by vehicular traffic and retained free of any obstruction at all times.

 

Reason - To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.

           

7.         Prior to first use of the development a vehicular turning facility, of a design to be approved in writing by the Local Planning Authority shall be constructed, surfaced and maintained free from obstruction within the site at all times for that sole purpose.

 

Reason - To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

           

8.         Prior to first use of the development the areas within the site identified for the purpose of loading/unloading/reception and storage of materials and manoeuvring shall be provided clear of the highway and retained thereafter for that sole purpose.

 

Reason -  To ensure that appropriate loading / unloading facilities are available in the interest of highway safety.

 

9. There shall be no discharge of surface water onto the Highway.

 

Reason - To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

           

10.  Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

 

Reason - To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

           

11.  No development shall take place, including any grounds works or demolition, until an appropriate Traffic Management Plan and Route Card, to include inbound and outbound routings at the junctions of the A120/Harwich Road and Harwich Road/Oakley Road, and which shall outline a designated route to and from the development for all HGV movements and construction vehicles, has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority.   The Traffic Management Plan and Route Card shall subsequently be implemented as approved, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.  

 

In addition, that any application made to discharge condition 11 will be submitted to the Committee for its determination.

 

Reason: To control the location and direction of HGV and construction vehicle movements to and from the site in the interests of highway safety.

           

12.  Prior to first use all mitigation and enhancement measures and/or works shall have been carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Emms & Barnett, December 2019) and the Response to Ecology Comments (Emms & Barnett, April 2020) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

           

Reason - To conserve and enhance Protected and Priority species and allow the local planning authority to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species) and in accordance with Policy EN6 of the adopted Local Plan.

 

13.  Prior to construction above slab level of either building to accommodate broiler chickens a Biodiversity Enhancement Layout, providing the finalised details and locations of the enhancement measures contained within the Preliminary Ecological Appraisal (Emms & Barnett, December 2019) and the Response to Ecology Comments (Emms & Barnett, April 2020), shall have been submitted to and approved in writing by the local planning authority.

 

The enhancement measures shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

           

Reason - To enhance Protected and Priority Species and allow the local planning authority to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species) and in accordance with Policy EN6 of the adopted Local Plan.

 

14.  No means of external lighting shall be installed unless the prior written consent of the local planning authority is given in writing to any external lighting. Any external lighting shall be part of a lighting design scheme for biodiversity which shall have been submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

           

Reason - To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species) and in accordance with Policy EN6 of the adopted Local Plan.

 

15.  All planting as shown on the approved landscaping plan shall be carried out during the first planting season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason – In the interest of visual amenity and in accordance with Policy EN1 of the adopted Local Plan.

 

16.  Prior to first use the ventilation towers to the buildings to house the broiler chickens are to be painted matt black and retained as such.

 

Reason – In the interest of visual amenity, in accordance with Policies QL9, EN1 and EN23 of the adopted Local Plan.

 

17.  No works except demolition shall takes place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

 

- Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure and the infiltration testing methods found in chapter 25.3 of The CIRIA SuDS Manual C753.

           

- Limiting discharge rates to matched Greenfield runoff rates based on the provision of Long Term Storage for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change.

           

- Demonstrate that all storage features can half empty within 24 hours for the 1:30 plus 40% climate change critical storm event.

           

- Final modelling and calculations for all areas of the drainage system.

           

- Detailed engineering drawings of each component of the drainage scheme.

           

- A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

 

- A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

           

Reason -

-To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

           

- To ensure the effective operation of SuDS features over the lifetime of the development.

           

- To provide mitigation of any environmental harm which may be caused to the local water environment

           

- Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

18.  No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.

           

Reason - The National Planning Policy Framework paragraph 163 and paragraph 170 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

           

Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development.

           

Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

19.  Prior to occupation a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.

 

Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

           

Reason - To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk.

 

Failure to provide the above required information prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

           

20.  The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

           

Reason - To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.