Variation of Condition No.6 (principal uses of the site) pursuant to 16/04784/VAR to allow for digestive processing of agricultural and dairy waste and non-waste feedstocks

In accordance with his declaration at Minute 158, Councillor Paul Wynn, withdrew from the meeting, took no part in the debate and did not vote on the item. Councillor Vince Hunt presided as Chairman for this item.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15) Councillor Gerald Dakin, local Ward Councillor, having submitted a statement, took no part in the debate and did not vote on this item

The Principal Planning Officer introduced the application for the variation of Condition No.6 (principal uses of the site) pursuant to 16/04784/VAR to allow for digestive processing of agricultural and dairy waste and non-waste feedstocks. In reference to the Officer’s report the Principal Planning Officer clarified the following points:

·       Paragraph 2.2 - the applicant is referred to as Grocontinental, however the site was acquired by AGRO Merchants Whitchurch approximately 2 years ago and they continue to be the energy end user;

·       Paragraph 6.2.6 – the poultry manure is imported to an under-cover store on a farm in Burlton from a nearby poultry site where dry heating is used thereby reducing the amount the ammonia content of the manure;

·       Paragraph 6.2.7 – the digestate lagoons referred to have not yet been constructed and would be required to be covered under the Environment Agency permit once in use;

·       Paragraph 8.1.1 referred to the timescale for any challenge by way of Judicial Review to be made not later than three months, however this should state 6 weeks;

·       Condition 7a should read ‘of which not more than 11,000 tonnes shall comprise waste materials’ not 17,000 tonnes; and

·       Condition 19 was no longer relevant as permission 16/04784/VAR granted in 2017 secured the use of the digestate tanks referred to.

The Principal Planning Officer advised Members that if they were minded to approve the application Condition 14 should be updated to include Condition 14b as follows:

That planning permission be granted, subject to:

14b.  In the event that an odour complaint is received and subsequently validated by the Local Planning Authority the applicant shall undertake a formal investigation to determine the cause of the complaint and shall put forward a mitigation scheme and implementation timescale within one week of notification to this effect by the authority. The scheme shall be implemented in accordance with the approved details, this shall include where appropriate cessation of manure importation until the approved mitigation scheme has been implemented.

In accordance with the virtual meeting speaking protocol Councillor Gerald Dakin, the local ward Councillor read out his statement in relation to the proposal.

In accordance with the virtual meeting speaking protocol the Solicitor read a statement from Mr Nick Williams, the agent for the applicant, in support of the proposal.

Having considered the submitted plans and noted the comments made by all of the speakers, Members unanimously expressed their support for the Officer’s recommendation subject to the re-wording of Condition 29a to invite the Local Member and a representative of Whitchurch Rural Parish Council to the annual review meeting and the amendment to Condition 14 as advised by the Principal Planning Officer.

RESOLVED:

That planning permission be granted, subject to:

•   The conditions as set out in Appendix 1;

•   The re-wording of Condition 29a to invite the Local Member and a representative of Whitchurch Rural Parish Council to the annual review meeting; and

•   The following amendment to Condition 14:

14b.  In the event that an odour complaint is received and subsequently validated by the Local Planning Authority the applicant shall undertake a formal investigation to determine the cause of the complaint and shall put forward a mitigation scheme and implementation timescale within one week of notification to this effect by the authority. The scheme shall be implemented in accordance with the approved details, this shall include where appropriate cessation of manure importation until the approved mitigation scheme has been implemented.