Agenda item

Report No: DEV/WS/21/032

Planning Application - Continued use of heating fuel storage and distribution business (Class B8), retention of 4 storage tanks, 1 storage container, 2 fuel distribution points, 1 office portacabin, associated hard standing, underground interceptor tank, lighting and installation of 5th storage tank

Planning Application - Continued use of heating fuel storage and distribution business (Class B8), retention of 4 storage tanks, 1 storage container, 2 fuel distribution points, 1 office portacabin, associated hard standing, underground interceptor tank, lighting and installation of 5th storage tank

This application was originally referred to the Development Control Committee on 4 August 2021 following consideration by the Delegation Panel but was subsequently withdrawn from the agenda.

The Senior Planning Officer advised Members that the original proposal description stated ‘Continued use of heating fuel storage and distribution business (Class B8)’. The description was subsequently amended to reflect the structures already installed and a fifth tank which was proposed. A 14 day re-consultation on the change in description was then undertaken.

Officers were recommending that the application be approved, subject to conditions set out in Paragraph 61 of Report No DEV/WS/21/032.

As part of her presentation the Senior Planning Officer showed videos of the site by way of a virtual ‘site visit’.

Members were advised that since publication of the agenda one further late representation had been received from a neighbouring resident, largely reiterating previously raised concerns particularly in respect of the number of vehicle movements from the site.

Speakers:    John Bauer (neighbouring resident) spoke against the application

                   Councillor John Bauer (Barnham Parish Council) read out a statement on behalf of the Parish Council against the application

                   Councillor Andrew Smith (Ward Member: Barnham) spoke on the application

                   Jonny Rankin (agent) spoke in support of the application

                   (Mr Rankin did not attend the meeting to personally address the Committee and instead the Democratic Services Officer read out a pre-prepared submitted statement on his behalf.)

Considerable discussion took place on the application, with Members posing a number of questions to the Senior Planning Officer who responded in respect of; the history of operation on the site, surface water drainage, the other businesses operating at the Gorse Industrial Estate and the Traffic Regulation Order in place on the adjacent highway.

Some of the Committee voiced concern on the operating hours set out in conditions 8 and 9, and the impact this could have on residential amenity. Likewise, queries were also raised in respect of the proposed acoustic fence and how it would be established if the fence was adequately mitigating noise.

The Service Manager (Planning – Development) explained that the Senior Planning Officer could liaise with colleagues in Public Health and Housing in order to re-word the related condition (No 5) to include relevant post-construction assessment to ensure that the fencing had achieved its aim.

Councillor Jim Thorndyke therefore proposed that the application be approved, as per the Officer recommendation, but with amendments to the condition relating to the acoustic fencing (as above) and with operating hours being restricted to 7am-7pm Monday to Friday, 7am – 1pm Saturday and with no operation permitted on a Sunday or Bank Holiday. This was duly seconded by Councillor Ian Houlder.

Upon being put to the vote and with 13 voting for the motion and with 2 against, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

2        Within 3 months of the date of this permission a scheme to improve the existing oil storage and proposed new oil storage shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved, within 6 months of the planning permission being granted, or prior to the additional tank (tank number 5) being installed, whichever is sooner.

          The details shall demonstrate that the tanks meet the standards equivalent to those laid out in 'The control of Pollution (Oil Storage) (England) Regulations 2001' and include but not be limited to evidence that:

          The existing tanks and proposed tank have secondary containment that is impermeable to both the fuel and water, with no opening used to drain the system.

·         There is a minimum volume of secondary containment at least equivalent to the capacity of the tank plus 10%.

·         All fill points, vents and gauges are located within the secondary containment.

·         All fill points and tank vent pipe outlets are designed to discharge downwards into the bund.

·         Associated above ground pipework is protected from accidental damage.

·         Impact protection is provided around the tanks and pipework, to prevent accidental impact from moving vehicles on the site.

·         Overfill protection mechanism and alarms are in place.

·         Leak detection and an alarm system is in place with a mechanism to alert the operator remotely if a spill occurs when the site is unmanned.

·         Timeframe for implementation of the approved scheme.

 3       Within 6 months of planning permission being granted, or prior to the additional tank (tank number 5) being installed, whichever is sooner, a scheme to dispose of all surface water and install oil separators, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved within the agreed timescales. The scheme shall include the following details:       

·         A surface water drainage and oil separator plan;

·         Oil separator specifications including details of how the interceptor can be shut off to prevent discharges in the event of a pollution incident;

·         Information to show that the loading/unloading areas and the existing and proposed oil storage tank are/will be situated on an impermeable surface that drains to the separator;

·         Infiltration systems shall only be used where it can be demonstrated that they will not pose a risk to groundwater quality. Infiltration through contaminated land has the potential to impact on groundwater quality; and

·         Timeframe for implementation of the approved surface water disposal and oil separators scheme.

 4       Prior to any works in relation to the installation of the acoustic fence or works within the RPA of the trees shown to be retained an Arboricultural Method Statement (including any demolition, groundworks and site clearance) shall be submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:    

          a. Measures for the protection of those trees and hedges on the application site that are to be retained,

          b. Details of all construction measures within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths,

          c. A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

          The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

 5       Within three months of the date of this permission a noise screen must be installed around the northern end of the site at a height of 2.5m in accordance with the details set out in the SRL Noise Report (Ref. 42908ASRL-RP-YA-01-S2-P01 P01, dated 25.10.2019) and shown in Figure 3 of the report, unless agreed otherwise in writing with the Local Planning Authority. All noise mitigation measures shall be maintained thereafter in accordance with the approved details. The gate of the acoustic fence shall be shut during all loading, unloading and HGVs idling on site.

 6       The site shall operate a maximum fleet of 9 HGV tankers.

 7       The total number of HGV movements to and from the site shall not exceed 30 per day.

 8       HGV movements to and from the site shall only take place between the hours of 7am to 7pm Monday to Friday and 7am to 1pm Saturdays and at no time on Sundays, Bank or Public Holidays.

 9       No loading or unloading shall take place and no plant or machinery shall be used on the site except between the hours of 7am to 7pm Monday to Friday and 7am to 1pm Saturdays and at no time on Sundays, Bank or Public Holidays.

10      From two weeks after the date of this permission the owners/operators of the site shall commence and keep an up-to-date log of all HGVs movements associated with the site which shall include the times and registration of the vehicles entering/leaving the site each day. The Register shall be made available for inspection by the Local Planning Authority within 24 hours of request.

11      Within one month of the date of this permission lighting details shall be submitted to and approved in writing by the Local Planning Authority to ensure a lighting environment of low district brightness at residential properties.  Any lighting not approved within 3 months of this permission, or within a period agreed otherwise, shall not be operated at any time.

12      Visibility splays shall be provided as shown on Drawing No. 1534 VP3 with an X dimension of 2.4 metres and a Y dimension of 120 metres and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.

13      Construction works including the installation of the acoustic fence must not take place within the stone curlew breeding season (March to the end of August). If it is proposed to carry out works during this period, an assessment of the effects of the proposals which must

          include review of RSPB nest records up to 500m from the site to assess whether birds are likely to be nesting within the distance where they may be disturbed. The assessment should be submitted and agreed in writing prior to commencement of development and any mitigation measures implemented in full.

14      Within 3 month of this permission details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales within 12 months of the date of this permission and thereafter retained as so installed.

15      Within three months of the date of the permission a scheme of soft landscaping for the site drawn to a scale of not less than 1:200 shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include accurate indications of the position, species, girth, canopy spread and height of all existing trees and hedgerows on and adjacent to the site and details of any to be retained, together with measures for their protection during the course of development. The works shall be completed in accordance with the approved plans and in accordance with a timetable to be agreed with the Local Planning Authority.

16      Within 6 months of the date of this permission, at least 1 electric vehicle charge point shall be provided at reasonably and practicably accessible locations within the site. One additional parking space shall be provided with the infrastructure in place for future connectivity. The Electric Vehicle Charge Points shall be retained thereafter and maintained in an operational condition.  Charge points shall be Fast (7-22KW) or Rapid (43KW) chargers.

(On conclusion of this item Councillor Jim Thorndyke left the meeting at 12.22pm. The Chair then permitted short comfort break before continuing with the rest of the agenda.)