Agenda item

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to it being referred to the Government Office for the North West, Secretary of State not calling the application in for its determination and conditions.

(The Committee received representations from an objector to the proposals)

 

Application no:                      09/00738/FULMAJ

Proposal:                   Extensions and alterations to pet food manufacturing facility including an automated finished product store (AFPS); upgraded and new extrusion process lines including a sunken mill; raw material storage; odour abatement (a roofed pine bark based biological filter system including venting chimneys, one 30 metres high); waste water treatment; additional capacity of waste recovery and recycling facilities; landscaping including earth excavation and mounding; related infrastructure.

Location:                    Golden Acres Ltd, Plocks Farm, Liverpool Road, Bretherton Leyland

Decision:

It was proposed by Councillor Keith Iddon, seconded by Councillor Mike Devaney, and was subsequently RESOLVED to grant planning permission subject to it being referred to the Government Office for the North West, the Secretary of State not calling the application in and the following conditions:

 

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. The approved plans are:

Plan Ref.                         Received On:                Title:

01                    18^th September 2009                      Existing Layout (July 2009)

02                    18^th September 2009                      Landscape Features

03                    18^th September 2009                      Landscape Structure

11                    18^th September 2009                      Proposed Development of

                                                                                    Golden Acres Masterplan

12                    18^th September 2009                      Masterplan

13                    18^th September 2009                      Phasing Detail- Phase One

14                    18^th September 2009                      Phasing Detail- Phase Two

15                    18^th September 2009                      Phasing Detail- Phase Three

16                    18^th September 2009                      Phasing Detail- Phase Four

17                    18^th September 2009                      Phasing Detail- Phase Five

18                    18^th September 2009                      Phasing Detail- Phase Six

19                    18^th September 2009                      Phasing Detail- Phase

                                                                                    Seven

20                    18^th September 2009                      Landscape Proposals

50 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product store elevations

51 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product store plan

52 Rev P01   18^th September 2009                      Automated Finished

                                                                                    Product Store Roof plan

53 Rev P01   18^th September 2009                      Pallet Store/ Recycling

                                                                                    Building plans and

                                                                                    Elevations

Rev P01        18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Elevations

55 Rev P01   18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Plan

56 Rev P01   18^th September 2009                      IBC Store/ Raw Materials

                                                                                    Roof Plan

57 Rev P01   18^th September 2009                      Impact Mitigation Drawing

58 Rev P01   18^th September 2009                      Line D/ Intake Building Plan

                                                                                    And Elevations

59 Rev P01   18^th September 2009                      Line D/ Intake Building Roof

                                                                                    Plan

60 Rev P01   18^th September 2009                      Engineers Store and Hot

                                                                                    room

61 Rev P01   18^th September 2009                      Energy Centre and Line C

                                                                                    intake

62 Rev P01   18^th September 2009                      IBC Cleaning Building

63 Rev P01   18^th September 2009                      Biomass Material Store

                                                                                    Plans and Elevations

64 Rev P01   18^th September 2009                      Bio Beds Roof Plan

65 Rev P01   18^th September 2009                      Bio Beds Floor Plan

66 Rev P01   18^th September 2009                      Bio Beds Elevations and

                                                                                    sections

67                    18^th September 2009                      Proposed Fan House and                                                                                   Energy centre

103                 21^st January 2010               Record of Planning Approvals-

                                                                        Buildings and infrastructure

Reason:  To define the permission and in the interests of the proper development of the site.

 

3. No development shall commence until a plan showing the phasing of the development has been submitted to and agreed by the Local Planning Authority. Implementation shall be in accordance with that plan unless as otherwise agreed by the Local Planning Authority.

Reason: To ensure effective control over the respective phases of the development hereby permitted.

 

4. The premises shall be used for the extrusion of agricultural produce for the purposes of animal and pet food production only and for no other purpose (including any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) save for ancillary uses.

Reason: The site is in an area of green belt where development is strictly controlled.

 

5. The Automated Finished Products Store (AFPS) shall only be used as an ancillary part of the premises to which this planning permission relates. More particularly, it shall not be used other than as expressed in condition 3 above and specifically not as an independent  warehouse under Class B8 of The Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification

Reason: The site is in an area of green belt where development is strictly controlled.

 

6. Prior to the commencement of each phase of the development samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans and specification) shall be submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

 

7. Prior to the commencement of each phase of the development full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall be submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail shown  on previously submitted plans.  The development shall only be carried out in conformity with the approved details.

Reason:  To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

 

8. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason: To secure proper drainage and in accordance with Policy Nos. EP17 and EM2 of the Adopted Chorley Borough Local Plan Review.

 

9. No part of the development hereby permitted shall be brought into use until a travel plan to promote travel by sustainable modes has been submitted to and approved in writing by the Local Planning Authority. The travel plan shall be implemented in accordance with the timetable to be set out in that plan unless otherwise agreed in writing by the Local Planning Authority. Reports demonstrating progress in promoting sustainable transport measures shall be submitted annually to the Local Planning Authority for approval for a period of ten years from the first occupation of the development hereby permitted.

Reason: To ensure that the site is as sustainable as possible from a transport perspective

 

10. No development shall take place for any of the  phases of the development to be shown on the phasing plan until full details of both hard and soft landscape works (including water features) have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; parking layouts; vehicle access and circulation areas; hard surfacing materials; proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.

 

a.         Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme.

 

b.         All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

 

c.         No development shall take place until details of earthworks have been submitted to and approved in writing by the local planning authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Development shall be carried out in accordance with the approved details.

 

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

 

11. None of the phases of development to be shown on the approved phasing plan shall be commenced until a habitat creation and landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas has been submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved.

Reason: In the interests of nature conservation, to enhance biodiversity and the appearance of the locality. In accordance with Government advice contained in PPS9: Biodiversity and Geological Conservation, Policies EM1 and DP7 of the North West Regional Spatial Strategy and Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

12. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

 

13. Before any plant installed in Building No. 23 (Line D) on the approved Masterplan 12 becomes operational the Applicant shall have:

 

i)          Constructed and commissioned the raw material intake Building No. 24 and Building No. 29, on the approved Masterplan in order to minimise odours during the transfer of raw materials from road vehicles to the processing plant, and

 

ii)         Constructed and commissioned the 3 wet scrubbers and biobeds, being Building No. 32, on the approved Masterplan together with the extraction corridor, Building No. 33 on the approved Masterplan.

 

Reason:  To ensure that odour released to atmosphere at the point of discharge and transfer of raw materials is minimised, and that the replacement odour abatement plant is built before any replacement production lines become operational.

 

14. Within three months after first becoming operational the performance of the 3 wet scrubbers and biofilters (Building No. 32 on the approved Masterplan) shall be assessed.  Such assessment shall be in the form of a written report and be by way of three separate olfactometric tests undertaken over a three week period, together with a review of offsite odour impact assessments and odour complaints received from the general public during the operational period.

The written report of the olfactometric tests shall analyse the operational conditions during the tests and give an opinion as to the likely performance of the abatement plant to remove odour (based on the test results obtained).

In the event that either:

i)          air off the biofilters has  an odour concentration of more than 1,500 ouE/m^3; or

ii)         the Council’s responsible Environmental Health Officer (or any other officer with similar responsibility under a different name), in consultation with the Environment Agency (having reviewed the report and other evidence, including that from boundary odour assessments and any complaints) considers that odour is likely to cause annoyance to local residents as assessed at the site boundary, then within nine months the Applicant shall construct and discharge all treated air from the 3 biofilters via the 30m high dispersal chimney (Building No. 34 on the approved Masterplan) hereby permitted (in the event that it has not been constructed).

 

Reason:To ensure that the odour impact on local residents is minimised

 

15. Following the construction of 2 additional wet scrubbers and biofilters as proposed (Building No. 32 on the approved Masterplan) the Applicant shall undertake performance testing identical to that required in 13.2(i) above.  The assessment shall be undertaken three months after the additional 2 wet scrubbers and biofilters first become operational.

 

In the event that all 5 bio filters have:

(a)       on average an odour concentration of more than 1,000 oUE/m³ and,

(b)       the Council’s responsible Environmental Health Officer (or any other officer with that responsibility under a different name), in consultation with the Environment Agency, having reviewed the report and other evidence, including that from boundary odour assessments and any complaints, considers that odour is likely to cause annoyance to local residents as assessed at the site boundary, then within nine months the Applicant shall construct and discharge all treated air from the 5 biofilters via the 30m high dispersal chimney (Building No. 34 on the approved Masterplan) hereby permitted (in the event that it has not been constructed).

 

Reason:  To ensure that the odour impact on local residents is minimised.

 

16. Upon commencement of operations in Building 22, as shown on the approved Masterplan (drawing 12), the rating level of noise from development hereby permitted shall not exceed 44dB(Lar) for 5 minutes between 2300 and 0700 hours daily, recorded in a ‘free field’ location at properties east of the site on the A59 Liverpool Road. The properties are identified on the approved Masterplan.

Reason: To secure effective control over noise levels experienced at certain local residential properties close by and in accordance with policy EP20 of the Adopted Chorley Borough Local Plan Review

 

17. The monitoring of noise from each phase of the development hereby permitted to be shown on the phasing plan shall be undertaken in accordance with a noise monitoring scheme to be submitted to and approved in writing by the Local Planning Authority. The scheme for each phase shall provide full details of, and justification for, how, where, when and by whom monitoring will be performed. The scheme shall remain in place throughout the operation of the site unless otherwise agreed in writing by the Local Planning Authority.

Reason: To secure effective control over noise levels experienced at certain local residential properties close by and in accordance with policy EP20 of the Adopted Chorley Borough Local Plan Review

 

18. No development shall take place for any of the phases to be shown in the phasing plan, including any works of demolition, until a Construction Method Statement has been 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:

 

(a)       operating hours during which works of construction or demolition or works incidental thereto shall take place;

(b)       the parking of vehicles of site operatives and visitors;

(c)       loading and unloading of plant and materials;

(d)       storage of plant and materials used in constructing the development;

(e)       the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

(f)        wheel washing facilities;

(g)       measures to control the emission of dust and dirt during construction and

(h)       a scheme for recycling/disposing of waste resulting from demolition and construction works.

               

Reason: To minimise the impact of construction on the local environment

 

19. None of the chimney flues hereby permitted shall be erected until full details of their external appearance (which shall include height, all materials, colours, and the shape of any cones )have been submitted to and approved by the Local Planning Authority in writing.

Reason: To minimise the impact of the chimney flues on the local environment and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

 

20. No development shall take place until a programme of archaeological work for each of the phases to be shown on the phasing plan have been submitted to and approved in writing by the Local Planning Authority.  This scheme shall include a programme of earthwork recording, evaluation trenching and palaeoenvironmental analysis of peat deposits present on the site.

Reason: To enable archaeologists to record any items of interest and in accordance with Policy Nos. HT11 and HT12 of the Adopted Chorley Borough Local Plan Review.

 

21. Details of all external lighting for each phase of the development hereby permitted to be shown on the phasing plan shall be submitted to and approved in writing by the Local Planning Authority before each phase of the development hereby permitted is used. Development shall be carried out in accordance with the approved details.

Reason: To minimise the impact of the development on the local environment and in accordance with Policy EP21A of the Adopted Chorley Borough Local Plan Review

 

22. All the buildings hereby permitted within which people are habitually present shall have a threshold level of 7.02 metres AOD

Reason: To protect against a 1 in 1000 year tidal flood situation

 

23. All access points for the AFPS hereby permitted shall be set above 7.02 metres AOD.

Reason: To protect against the 1 in 1000 year tidal flood situation

 

24. The AFPS hereby permitted shall not be commenced until full details of waterproof membranes to be used to make its structure resistant to groundwater and tidal flood waters have been  submitted to and approved by the Local Planning Authority in writing. The development shall only be implemented in accordance with those approved details and they shall be maintained permanently.

Reason: To protect against the 1 in 1000 year tidal flood situation

 

25. No development for any of the phases approved shall be commenced until full details of a sustainable drainage system have been approved. Run off from the new developments in excess of 10 litres per second per hectare (l/s/ha) will be retained and managed on site in that sustainable drainage system.

Reason: To secure sustainable development principles and in accordance with Policy EP18 of the Adopted Chorley Borough Local Plan Review

 

26. Waste water and storage lagoons hereby permitted shall be constructed with a lined or impermeable base.

Reason: To prevent the percolation of effluent into the ground and in accordance with Policy EP17 of the Adopted Chorley Borough Local Plan Review

 

27. During the construction period, all trees to be retained shall be protected by 1.2 metre high fencing as specified in paragraph 8.2.2 of British Standard BS5837:2005 at a distance from the tree trunk equivalent to the outermost limit of the branch spread, or at a distance from the tree trunk equal to half the height of the tree (whichever is further from the tree trunk), or as may be first agreed in writing with the Local Planning Authority.   No construction materials, spoil, rubbish, vehicles or equipment shall be stored or tipped within the areas so fenced.  All excavations within the area so fenced shall be carried out by hand.

Reason: To safeguard the trees to be retained and in accordance with Policy Nos. EP9 of the Adopted Chorley Borough Local Plan Review.