Agenda item

Report No: DEV/WS/23/022

 

Planning application - animal feed mill and associated development including ancillary offices, silos, warehouse, improved access route and parking

(Councillor Diane Hind declared, in the interests of openness and transparency, that she had attended Bury St Edmunds Town Council’s

meeting when the Town Council considered the application. However, she

stressed that she would keep an open mind and listen to the debate prior to voting on the item.

Councillor Donna Higgins also advised, for clarity, that whilst she was also on the Town Council she had not been present when this application was discussed.)

 

Planning application - animal feed mill and associated development including ancillary offices, silos, warehouse, improved access route and parking

 

The application was originally referred to the Development Control Committee on 2 August 2023 as the proposed development was of a substantial scale and on an edge of town location, where it was likely to have significant impact on the landscape and character of the area. 

 

Bury St Edmunds Town Council objected to the application. A Member site visit was held prior to the August Committee.

 

At the August meeting Members resolved that they were minded to grant the application, contrary to the Officer recommendation, due to the local and regional economic benefits that would be brought about by the scheme which outweighed the harm to the countryside landscape.

 

Accordingly, the Decision Making Protocol was invoked, requiring a risk assessment to be produced which set out the potential risks that might arise should planning permission be approved contrary to Officer recommendation.

 

The preparation of a risk assessment report also enabled Officers to seek a further response from the Council’s Landscape Consultant in respect of mitigation, to produce a list of proposed conditions, and to confirm the views of the application site from the Abbey Gardens (as queried during the debate on the application by Members in August).

 

Officers were continuing to recommend that the application be refused, for the reason set out in Paragraph 25 of Report No DEV/WS/23/022.

 

Reference was made to a letter sent by the applicants to all Members of the Development Control Committee following the August meeting. The Principal Planning Officer responded to the points raised in the letter within his presentation.

 

The Principal Planning Officer also drew attention to correspondence he had received from Eastgate Community Association who raised queries as to whether the conveyor system within the proposed feed mill would generate noise audible in the surrounding area. In response the Officer highlighted the conditions included in order to control any noise impact from the scheme.

 

Speakers:    Sarah Broughton (objector) spoke against the application

(The Chair explained that whilst Councillor Broughton was a West Suffolk District Councillor she was speaking on the application in a personal capacity.)

Danny Johnson (applicant) spoke in support of the application

 

During the ensuing debate, a number of Members again remarked on the historic and economic importance of British Sugar to the local area.

 

Some of the Committee also argued that the existing sugar beet factory did not impact on the tourism brought to the region and by definition they did not believe the proposed scheme would negatively impact on this either.

 

In response to questions, the Principal Planning Officer confirmed that the feed mill development would generate a mixture of high and low skilled jobs.

 

Councillor Ian Houlder spoke in favour of the application. He stressed the local and regional economic benefits that would be brought about by the scheme, which outweighed the harm to the countryside landscape, and also made reference to national sustainability benefit that the feed mill would generate by reducing the import of soya to the country.

 

Councillor Houlder therefore proposed that the application be approved, contrary to the Officer recommendation, subject to the conditions as set out in the report. This was duly seconded by Councillor Phil Wittam.

 

Upon being put to the vote and with the vote being unanimous, it was resolved that

 

Decision

 

Planning permission be GRANTED, CONTRARY TO THE OFFICER RECOMMENDATION, due to the local and regional economic benefits that would be brought about by the scheme which outweighed the harm to the countryside landscape, together with the national sustainability benefit that the feed mill would generate by reducing the import of soya to the country, subject to the following conditions:

 

1. The development hereby permitted shall be begun not later than three years from the date of this permission.
2. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents, unless otherwise stated.
3. Before the development hereby permitted is commenced a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. Construction of the development shall not be carried out other than in accordance with the approved plan. The Construction Management Plan shall include the following matters:

a) parking and turning for vehicles of site personnel, operatives and visitors

b) loading and unloading of plant and materials

c) piling techniques (if applicable)

d) storage of plant and materials

e) provision and use of wheel washing facilities

f) programme of site and all associated works such as utilities including details of traffic management necessary to undertake these works

g) site working and delivery times

h) a communications plan to inform local residents of the program of works

i) provision of boundary hoarding and lighting

j) details of proposed means of dust suppression

k) details of measures to prevent mud from vehicles leaving the site during construction

l) haul routes for construction traffic on the highway network and

m) monitoring and review mechanisms

n) Details of deliveries times to the site during construction phase.

4. All HGV delivery traffic movements to and from the site once the development has been completed, shall be subject to a Deliveries Management Plan which shall be submitted and approval in writing to the Local Planning Authority for approval. No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan.
5. The new estate road junction as shown on Drawing No. 23156-11-GA Rev F inclusive of cleared land within the visibility splays to this junction must be formed prior to any other works commencing or delivery of any other materials ie not for the purpose of constructing the new estate road/junctions.
6. Before the development above ground level is commenced, details of a new pedestrian crossing on Compiegne Rd roundabout eastern arm and a footway on the eastern side of Hollow Road connecting the site entrance and the existing footway on Hollow Road shall be submitted to and approved in writing by the Local Planning Authority. The footway shall be laid out and fully completed prior to the feed mill becoming operational.
7. The use shall not commence until the areas within the site shown on Drawing No.10051785-ARC-WS-00-DR-AR-1106 for the purposes of loading, unloading, manoeuvring and parking of vehicles and cycles has been provided and thereafter the areas shall be retained, maintained and used for no other purposes.
8. Before the access is first used visibility splays shall be provided as shown on Drawing 23156-11-GA Revision Fand thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction to visibility shall be erected, constructed, planted or permitted to grow over 0.6 metres high within the areas of the visibility splays.
9. No development above ground level shall take place until a scheme for the provision and implementation of water efficiency measures during the construction and operational phases of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed in accordance with the approved details and the measures provided and made available for use in accordance with the approved timetable.
10. The development shall achieve BREEAM Excellent standard. This should be evidenced by a BREEAM fully-fitted certificate upon completion. The development shall achieve a Final BREEAM Excellent rating in accordance with the requirements of the relevant BREEAM scheme. The projects Final Certificate must be issued to the local planning authority within a maximum of 6 months post completion.
11. Prior to commencement of the development hereby approved, including any site preparation, a Construction Method Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i)             The parking of vehicles of site operatives and visitors;

ii)           Loading and unloading of plant and materials;

iii)          Site set-up including arrangements for the storage of plant and materials used in constructing the development and the provision of temporary offices, plant and machinery;

iv)          The erection and maintenance of security hoarding including external safety and information signage, interpretation boards, decorative displays and facilities for public viewing, where appropriate;

v)           Wheel washing facilities;

vi)          Measures to control the emission of dust and dirt during construction;

vii)         vii) A scheme for recycling/disposing of waste resulting from demolition and construction works;

viii)       viii) Hours of construction operations including times for deliveries and the removal of excavated materials and waste;

ix)          ix) Noise method statements and noise levels for each construction activity including any piling and excavation operations;

x)           x) Access and protection measures around the construction site for pedestrians, cyclists and other road users including arrangements for diversions during the construction period and for the provision of associated directional signage relating thereto.

12. Any site preparation, construction works and ancillary activities, including access road works and deliveries to / collections from the site in connection with the development shall only be carried out between the hours of: 08:00 to 18:00 Mondays to Fridays 08:00 to 13.00 Saturdays and at no times during Sundays or Bank / Public Holidays without the prior written consent of the Local Planning Authority.
13. During any site preparation and throughout the construction phase of the development hereby permitted the dust mitigation measures outlined in Table 13 ‘Proposed Dust Mitigation Measures based on IAQM Guidance’ in the Arcadis Technical Appendix 8.1: Construction Dust Assessment for Land off Compiegne Way, Bury St Edmunds Environmental Statement dated June 2022 shall be employed.
14. The rating level of noise emitted from any external plant, equipment or machinery associated with the development hereby approved shall be lower than the existing background noise level by at least 5 dB (LA90 -5dB) in order to prevent any adverse impact. The measurements / assessment shall be made according to BS 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial sound’ at the nearest and / or most affected noise sensitive receptor(s), with all external plant, equipment or machinery operating at typical capacity and be inclusive of any penalties for tonality, intermittency, impulsivity or other distinctive acoustic characteristics.
15. A post-completion noise assessment shall be carried out and submitted to and approved in writing by the Local Planning Authority to confirm compliance with the sound criteria above and additional steps to mitigate noise shall be taken, as necessary. Approved details shall be implemented prior to first use of the development and thereafter be permanently retained.
16. All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Appraisal and Assessment report and the Site Assessment Biodiversity and Environmental Net Gain Opportunities (both ARCADIS July 2022) report as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.
17. The following sett closure shall not in in any circumstances commence unless the local planning authority has been provided with either: a) a licence issued by Natural England pursuant Badger Protection Act 1992 authorizing the specified activity/development to go ahead; or b) a statement in writing from the Natural England to the effect that it does not consider that the specified activity/development will require a licence.
18. A construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

i) Containment, control and removal of any Invasive non-native species present on site The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

19. An updated Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development above ground level. The content of the LEMP shall include the following:

a) Description and evaluation of features to be managed.

b) Ecological trends and constraints on site that might influence management.

c) Aims and objectives of management.

d) Appropriate management options for achieving aims and objectives, including delivery of Biodiversity Net Gain, based on up the updated version of the Site Assessment Biodiversity and Environmental Net Gain Opportunities (ARCADIS July 2022)

e) Prescriptions for management actions.

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

g) Details of the body or organisation responsible for implementation of the plan.

h) Ongoing monitoring and remedial measures including: a Bird Monitoring Strategy and Biodiversity Net Gain monitoring, incorporating relevant requirements from the Biodiversity and Environmental Net Gain Opportunities report.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long_term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

20. All planting within the approved scheme of soft landscaping works as shown on the Proposed Landscape Plan (Dwg No. 10051785-ARC-SW-ZZ-DR-LA-00002 Rev. P2) and Planting Plan (Dwg No. 10051785-ARC-SW-ZZ-DR-LA-00004 Rev. P2) shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.
21. No development above ground level shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding (where appropriate); surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example refuse and / or other storage units, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).
22. Prior to commencement of development an Arboricultural Method Statement (AMS) in accordance with BS: 5837 2012 (as amended), 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, hardstanding, roads and footpaths; and 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 Arboricultural Method Statement unless agreed in writing by the Local Planning Authority.
23. No development above ground level shall take place until a Landscape Management Plan scheme of soft landscaping for the site drawn to a scale of not less than 1:200 has been submitted to and approved in writing by the Local Planning Authority. The details should include the long-term design objectives, management responsibilities and maintenance schedules, specifications, and periods for all hard and soft landscape areas, together with a timetable for the implementation of the Landscape Management Plan. The management plan shall include details of the arrangements for its implementation and establishment. The Landscape Management Plan shall be carried out in accordance with the approved details, supporting documents / reports, surveys, and timetable(s).
24. Prior to commencement of development above ground level, an Environment Colour Assessment (ECA) shall be produced (using the Natural Colour System) submitted to and approved by the Local Planning Authority. The colour palette which is developed through the ECA process must be based on ‘on-the- ground’ surveys and supported by a desk-top study, which provides an analysis and synthesis of the colours found within the local landscapes. This study must then inform the colour palette for built form, boundary treatments, materials and hard & soft surfaces.
25. The development shall operate in complete accordance with the approved Travel Plan (RM/SC/10051785-DTA-XX-WS-RP-TP-0004-D), dated 4th July 2022.
26. The strategy for the disposal of surface water (Dated: Jun 2022 Ref: 10051785-ARC-SW-ZZ-RP-CE-00001 Rev 03) and the Technical Note (Dated: Dec 2022 Ref: 10051785-ARC-XX-XX-TN-CE-00005-P01) shall be implemented as approved in writing by the local planning authority (LPA). The strategy shall thereafter be managed and maintained in accordance with the approved strategy.
27. Within 28 days of practical completion, surface water drainage verification report shall be submitted to the Local Planning Authority, detailing and verifying that the surface water drainage system has been inspected and has been built and functions in accordance with the approved designs and drawings. The report shall include details of all SuDS components and piped networks in an agreed form, for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.
28. No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the LPA. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP shall include: Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include:- i. Temporary drainage systems ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses iii. Measures for managing any on or offsite flood risk associated with construction.
29. No development approved by this planning permission shall commence until the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

i) A site investigation scheme,

ii) The results of a site investigation based on i) and a detailed risk assessment, including a revised Conceptual Site Model (CSM),

iii) Based on the risk assessment in ii), a remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions.

30. No occupation/operation of any part of the development shall take place until a verification report demonstrating completion of works as set out in the remediation strategy is submitted to and approved, in writing, by the Local Planning Authority.
31. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
32. Prior to first operational use of the site, at least 20% of car parking spaces shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or visitor use at locations reasonably accessible from car parking spaces. The Electric Vehicle Charge Points shall be retained thereafter and maintained in an operational condition.
33. All HDVs delivering raw product to, or distributing final product from, the permitted development shall have Euro VI compliant engines. The site shall keep a log of all deliveries to and from the site, including as a minimum the date of the delivery and the registration number of the HDV. The log shall be made available for inspection by the local planning authority on request.
34. Any external artificial lighting at the development hereby approved shall not exceed lux levels of vertical illumination at neighbouring premises that are recommended by the Institution of Lighting Professionals Guidance Note Guidance Note 01/20 ‘Guidance notes for the reduction of obtrusive light’. Lighting should be minimised, and glare and sky glow should be prevented by correctly using, locating, aiming and shielding luminaires, in accordance with the Guidance Note.

 

(On conclusion of this item the Chair permitted a very short comfort break.)