development management committee 19 june 2017 case...

DEVELOPMENT MANAGEMENT COMMITTEE 19 JUNE 2017 Case No: 17/00599/FUL (FULL PLANNING APPLICATION) Proposal: PROPOSED DWELLING Location: BURY GREEN FARM BIGGIN LANE RAMSEY PE26 2RX Applicant: AWO Bedford and Partners Grid Ref: 526768 285155 Date of Registration: 20.03.2017 Parish: UPWOOD AND THE RAVELEYS

RECOMMENDATION - REFUSE This application is reported to the Development Management Committee as the Parish Council has an opposing view to that of the planning officer. 1. DESCRIPTION OF SITE AND APPLICATION 1.1 The existing site comprises a farm yard with an arrangement of

various buildings of approx. 0.31ha. The site is located approx. 0.78 miles west outside the built-up area of Ramsey (and 1.36 miles ‘as a crow flies’ to the northern edge of the built-up area of Upwood) and therefore, for planning purposes, is in the open countryside. There is an existing dwelling adjacent to the farm yard for Bury Green Farm. The site is accessed via a single track that follows at the end of the public highway at Biggin Lane, Ramsey.

1.2 The site is within the Environment Agency’s Flood zone 1. 1.3 The applicant has not entered into any pre-application discussions. 1.4 Planning permission is sought for the erection of a large four bedroom

dwelling. Access to the site would be from Biggin Lane. The applicant is applying for a dwelling in this location to be near the Anaerobic Digestion Plant granted planning permission under ref: 15/01588/FUL. It is stated by the applicant that “The AD plant needs constant monitoring”.

1.5 lacks reference number and red line plan. 2. NATIONAL GUIDANCE 2.1 The National Planning Policy Framework (2012) 2.2 Planning Practice Guidance (2014) For full details visit the government website https://www.gov.uk/government/organisations/department-for-communities-and-local-government

https://www.gov.uk/government/organisations/department-for-communities-and-local-government

https://www.gov.uk/government/organisations/department-for-communities-and-local-government

3. PLANNING POLICIES 3.1 Saved policies from the Huntingdonshire Local Plan (1995)

• H23: "Outside Settlements" • H31: "Residential privacy and amenity standards" • En17: "Development in the Countryside" • En18: "Protection of countryside features" • En20: "Landscaping Scheme" • En25: "General Design Criteria" • CS8: "Water"

3.2 Saved policies from the Huntingdonshire Local Plan Alterations

(2002) • HL5: “Quality and Density of Development”

3.3 Adopted Huntingdonshire Local Development Framework Core

Strategy (2009) • CS1: "Sustainable development in Huntingdonshire" • CS3: "The Settlement Hierarchy" • CS10: "Contributions to Infrastructure Requirements"

3.4 Draft Huntingdonshire Local Plan to 2036: Stage 3 (2013)

• LP1: 'Strategy and principles for development' • LP2: 'Contributing to Infrastructure Delivery' • LP3: 'Communications Infrastructure' • LP10: “Development in Small Settlements” • LP11: 'The Relationship between the Built-up Area and the

Countryside', • LP13: 'Quality of Design' • LP15: 'Ensuring a High Standard of Amenity' • LP17: 'Sustainable Travel' • LP18: 'Parking Provision' • LP24: "Housing Mix" • LP26: 'Homes in the Countryside'

Local policies are viewable at https://www.huntingdonshire.gov.uk 4. PLANNING HISTORY 4.1 There is none site specific relevant to the determination of this

proposal and there were no pre-application enquiries. 4.2 Anaerobic digestion plant (included in the green papers)

15/01588/FUL – planning permission granted for the installation of an anaerobic digestion facility for the production of renewable energy. To include 1 x partially buried twin tank with conjoined centre partition, 1 x gasholder, 2 x gas membranes located on tank roof, 1 x process building to house process controls and CHP unit, 1 x feeder, 1 x digestate separator, 1 x digestate drier, 1 x transformer and associated works – GRANTED 23 November 2015.

5. CONSULTATIONS 5.1 Upwood and The Raveleys Parish Council - recommends

APPROVAL (COPY ATTACHED), Councillors could see no planning

https://www.huntingdonshire.gov.uk/

reasons why such a development should be rejected (it’s a remote location which is already developed and the addition of a dwelling would not impact anyone in the vicinity).

Officer response: The above issues have been addressed in the main body of this report.

5.2 HDC Transportation - no objections in principle to this proposed

dwelling. While the track follows on from the end of the public highway at Biggin Lane through to the farm is only a single track, it is noted that the proposed occupation is linked to the operation of the wider farm holding. Therefore satisfied that the traffic generated will have no impact on the use of the access track, which also has a public right of way running along it.

In terms of the proposed dwelling itself, adequate turning and parking is provided within the red line boundary of the proposed development. HDC Transportation raise no objections in this regard.

5.3 Environmental Health - This application is for residential use. If

minded to approve, Environmental Health would recommend a condition that ensures that there is no residual contamination from the previous use (such as agrochemicals, fertilizers, pesticides, herbicides, fuels, lubricants, buried animal carcasses, areas of waste incineration, asbestos containing materials, etc.) that may impact on the future occupiers of the development. Environmental Health Officers advise that this may only require a desk-based study to determine the previous uses of the building.

Officer response: An appropriate condition will be attached should planning permission be granted.

6. REPRESENTATIONS 6.1 There have been no representations received. 7. ASSESSMENT 7.1 The main issue to consider with this application are:

• The principle of development and the impacts on the character of the area

• housing need

Principle of Development and impact on the character of the area:

7.2 The site falls within the Upwood and The Raveleys parish, although

nearer to Ramsey. However the application site is clearly outside of the built-up area, accessed via a single track lane.

7.3 This site is outside the built up area of the settlements and is in the

open countryside for the purposes of the Development Plan and emerging planning guidance. The relevant policies are generally restrictive, and will only permit new residential development where this is essential for the proper functioning of a rural enterprise.

7.4 Paragraph 55 of the NPPF states that ‘LPAs should avoid homes in the countryside unless there are special circumstances such as: -the essential need for a rural worker to live permanently at or near their place of work -where such development would represent the optimal viable use of a heritage asset -where the development would re-use redundant or disused buildings -the exceptional quality or innovative nature of the design of the dwelling should be truly outstanding or innovative, helping to raise standards of design more generally in rural areas; reflect the highest standards in architecture; significantly enhance its immediate setting; and be sensitive to the defining characteristics of the local area.

7.5 The provisions of paragraph 55 of the NPPF have been brought

through at a local level with Policy LP26 of the Draft Local Plan to 2036.

7.6 New homes in the countryside are guided by policy LP26 and this

sets criteria for when new housing will be supported in the countryside. The current application does not have agricultural justification, is not for affordable housing, does not relate to a heritage asset in terms of viable use or securing the future of a heritage asset, it does not seek to re-use an existing rural building, and the design is not of an exceptional quality or is truly innovative in nature. It is therefore considered that there is no emerging policy support for this dwelling in this instance either.

7.7 'Saved' Local Plan policies En17 and H23 both seek to locate

residential development within Environmental Limits unless the dwelling is required for the efficient management of a rural enterprise.

7.8 The Core Strategy was adopted in 2009 and therefore forms part of

the Development Plan and offers more up to date policies than the Local Plan (1995). Policy CS3 defines a settlement hierarchy to provide a framework to manage the scale of housing development appropriate on unallocated sites. Upwood is designated as a Smaller Settlement in which residential infilling will be appropriate within the built-up area. For the purposes of the Core Strategy (as stated in para 5.15) the built-up area is defined as the existing built form excluding: - Buildings that are clearly detached from the main body of the settlement, - Gardens and other undeveloped land within the curtilage of buildings on the edge of the settlement, where these relate more to the surrounding countryside than they do to the built-up parts of the village; and - Agricultural buildings where they are on the edge of the settlement.

7.9 It is acknowledged that the Draft Local Plan to 2036 is an emerging

document. Paragraph 216 of the NPPF states that relevant policies from emerging policies can be given weight according to the stage of preparation, the extent of which there are unresolved objections and the degree of consistency with policies in the NPPF. As stated, the Draft Local Plan is at an early stage of preparation, however policies LP11 and LP26 seek to restrict residential development outside built-up areas and protect the countryside. In this regard, they are considered to carry forward the aims of existing development plan policies, particularly the adopted Core Strategy, are consistent with

the NPPF and therefore it is considered appropriate to attach limited weight to them.

7.10 It is considered that insufficient justification has been submitted with

the application stating “The AD plant needs constant monitoring. It also needs feeding at least once in a 24 hour period…Somebody needs to live close enough to the AD plant to ensure any plant failure is addressed as quickly as possible. Mr Bedford jr lives in Temperance Court, Ramsey, but this it too far away when urgent attention to the plant is required. If the proposed dwelling was granted planning permission it could be reached within 3 minutes…when there was a recent power cut, it took the applicant 35 minutes to reach the site and reset”.

7.11 It is approx. 1.68 miles from Temperance Court to the site of the

anaerobic digestion plant. It is considered therefore, that most of the 35 minutes was spent resetting the plant and not travelling to it. The applicant states that if the proposed dwelling was given planning permission, the plant could be reached in 3 minutes; however the limited benefit to the applicant of being nearer to the AD plant does not outweigh the harm that would occur by allowing unnecessary development within the countryside. A search was carried out and there are houses for sale within Ramsey. It is considered by your officers that the AD plant could be accessed quite quickly from existing properties within Ramsey.

7.12 The site forms part of a farm yard, and it is proposed to remove

agricultural buildings to accommodate the dwelling and as such cannot be said to form part of the built-up area of Upwood.

7.13 It is considered that there is not an essential need for a rural worker

to live permanently at or near their place of work in the countryside; the development does not involve a heritage asset; the development does not include the re-use of a redundant or disused building; and lastly, (a) the proposed detached dwelling is not considered to be of exceptional design quality or innovative in nature to such an extent that it would be truly outstanding or innovative by helping to raise standards of design more generally in Huntingdonshire. It is considered that the proposed scale of the dwelling is excessive and not commensurate to the needs of the holding; (b) nor does it reflect the highest standards in architecture; (c) also the proposal would not significantly enhance the immediate setting as it would introduce additional domestic built form in the countryside; and (d) it is not sensitive to the defining characteristics of the local area as it would increase the amount of built form in a countryside location. All aspects (a-d) of Policy LP26 would need to be met.

7.14 If Members are minded to approve a dwelling in this location, the

scale of the dwelling should be reduced to ensure it remains affordable for agricultural workers in the event it is no longer required for the holding, preventing pressure on the LPA to remove a restrictive obligation in the future

7.15 As such, the principle of development on this site is considered

unacceptable owing to the non-essential intrusion of the built form in a rural location. The proposal is therefore contrary to The National Planning Policy Framework (2012) and policies En17, and H23 of the

Huntingdonshire Local Plan 1995, policies CS1 and CS3 of the LDF Core Strategy 2009, and policies LP11 and LP26 of the Draft Local Plan to 2036: Stage 3 (2013).

Housing need: 7.16 In order to satisfy the requirements of the NPPF, the Council must

demonstrate an up-to-date five year supply of deliverable housing sites.

7.17 Applying a robust methodology and taking a cautious approach using

the ‘Sedgefield’ method for calculating the five year supply, the Council has demonstrated it has a supply of housing land equivalent to 5.24 years in the Annual Monitoring Report 2015/16, published in December 2016. This incorporates a 5% buffer, applied to both the requirement and the shortfall on delivery from 2011-2016.

7.18 Analysis of Huntingdonshire's housing completions since 2006 shows

that they have exceeded the housing requirement in place at the year of completion in six of the last ten years, and overall completions in this 10 year period equates to 105% of the overall target for this period. It is recognised that there has recently been a short-term drop in supply compared to requirements. However, this is in the context of the annual average requirement increasing by 50% from the Core Strategy requirement of 560 dwellings to the Local Plan to 2036 requirement of 840, and it is not unreasonable for supply to take a few years to catch up following such a significant increase in the requirement; particularly as Huntingdonshire is actively engaged in bringing forward a growth strategy focusing on a limited number of large, sustainable urban extensions. Predicted completions over the next 5 years indicate that the achievable supply is more than sufficient to both meet the current requirement and make up for the current shortfall; in fact cumulative completions are expected to exceed the cumulative requirement by Year 4 (2019/20) and a 5% buffer is therefore appropriate.

7.19 The Council can demonstrate a 5 year supply of housing land,

therefore its policies for the supply of housing should be considered to be up-to-date and there is therefore no reason to set aside the concerns outlined above on the basis of the supply of deliverable housing sites.

7.20 It is acknowledged that the site is located in reasonable proximity to

local services and facilities in Ramsey (although access to these would be predominantly reliant on the use of private vehicles) and the proposal would contribute to the mix of dwellings within the local area and add to the local housing stock. These benefits weigh in favour of the proposal, and the development would meet the aims of the NPPF in these respects; however the overriding policy aims to safeguard the countryside and steer residential development to sustainable areas, e.g., Key Service Centres where there are more amenities and services etc., and the fact that HDC can demonstrate a 5 year supply of housing land are considered to outweigh these benefits.

Other issues: 7.21 Bins UU - An incomplete UU for the provision of wheeled bins has

been submitted – it lacks reference number and red line plan. However if Members are minded to approve the application, a Bins UU could be secured before a decision is issued.

Conclusion: 7.22 Having regard to applicable national and local policies and having

taken all relevant material considerations into account, it is recommended that planning permission be refused in this instance as it has not been demonstrated that the dwelling is essential to a rural enterprise, and the development is contrary to policies that restrict new development in the open countryside and outside of the built-up area of a settlement. Whilst there would be some public benefit with the increase in housing stock, it is considered that the harmful intrusion of built form in the countryside is not justified in this instance.

7.23 Ultimately, it is concluded that the proposal is contrary to The

National Planning Policy Framework (2012) and policies En17 and H23 of the Huntingdonshire Local Plan 1995, policies CS1 and CS3 of the LDF Core Strategy 2009, and policies LP11 and LP26 of the Draft Local Plan to 2036: Stage 3 (2013).

7.24 Having regard to applicable national and local planning policies, and

having taken all relevant material considerations into account, it is considered that planning permission should be refused.

8. RECOMMENDATION – REFUSE for the following reason: 1. The applicant currently lives 1.68 miles from the AD Plant.

As such insufficient evidence has been submitted to justify the erection of a dwelling to oversee the operations of the AD Plant. It is considered that the proposed development would constitute non-essential development in the open countryside outside the built up area of Upwood and Ramsey. As such, the principle of new development on this site is considered unacceptable owing to the harmful intrusion of a non-essential dwelling in a rural location. The proposal would therefore be contrary to the provisions of paragraph 55 of the National Planning Policy Framework 2012 and policies H23, En17 and En25 of the Huntingdonshire Local Plan 1995, policies CS1 and CS3 of the Local Development Framework Core Strategy 2009, and policies LP1, LP11, LP13 and LP26 of the Draft Huntingdonshire Local Plan to 2036 (Stage 3) 2013.

If you would like a translation of this document, a large text version or an audio version, please contact us on 01480 388388 and we will try to accommodate your needs. CONTACT OFFICER: Enquiries about this report to Dallas Owen Senior Development Management Officer 01480 388468

1

Huntingdonshire DC Public Access

From: [email protected]

Sent: 04 April 2017 11:04

To: DevelopmentControl

Subject: Comments for Planning Application 17/00599/FUL

Planning Application comments have been made. A summary of the comments is provided below.

Comments were submitted at 11:03 AM on 04 Apr 2017 from Mrs Carol Bilverstone.

Application Summary

Address:Bury Green Farm Biggin Lane Ramsey Huntingdon PE26 2RX

Proposal: Proposed dwelling

Case Officer: Dallas Owen

Click for further information

Customer Details

Name: Mrs Carol Bilverstone

Email: [email protected]

Address: 9 Meadow Road, Upwood, Huntingdon PE26 2QJ

Comments Details

Commenter Type: Officer of the Council

Stance:Customer made comments in support of the Planning Application

Reasons for comment:

Comments:

1

Huntingdonshire DC Public Access

From: Parish Clerk <[email protected]> on behalf of Parish Clerk

<[email protected]>

Sent: 05 April 2017 10:47

To: Owen, Dallas (Planning Serv.)

Subject: FW: Comments for Planning Application 17/00599/FUL

Hi Dallas,

I’ve just had a call from Russell Payne, the applicant for this. He has suggested that as the parish council didn’t offer reasons for supporting this that the planning department would automatically turn it down. This was news to me and certainly not the parish council’s intention.

Councillors could see no planning reasons why such a development should be rejected (it’s a remote location which is already developed and the addition of a dwelling would not impact anyone in the vicinity).

Best regards,

Carol

From: [email protected] [mailto:[email protected]] Sent: 04 April 2017 11:03To: [email protected]: Comments for Planning Application 17/00599/FUL

Mrs Carol Bilverstone,

You have been sent this email because you or somebody else has submitted a comment on a Planning Application to your local authority using your email address. A summary of your comments is provided below.

Comments were submitted at 11:03 AM on 04 Apr 2017 from Mrs Carol Bilverstone.

Application Summary

Address:Bury Green Farm Biggin Lane Ramsey Huntingdon PE26 2RX

Proposal: Proposed dwelling

Case Officer: Dallas Owen

Click for further information

2

Customer Details

Name: Mrs Carol Bilverstone

Email: [email protected]

Address: 9 Meadow Road, Upwood, Huntingdon PE26 2QJ

Comments Details

Commenter Type: Officer of the Council

Stance:Customer made comments in support of the Planning Application

Reasons for comment:

Comments:

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Development Management Committee

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KeyThe SiteListed BuildingConservation Area

GREEN PAPERS FOLLOW

Andy MoffatHead Of Development

Page 1 of 5

Date 23rd November 2015

Pathfinder House, St Mary's StreetHuntingdon. PE29 [email protected]

01480 388388

www.huntingdonshire.gov.uk

Application Number: 15/01588/FUL

TOWN & COUNTRY PLANNING ACT 1990

Planning Permission

Mis Carys BateEvergreen Gas LimitedWooferton WharfLudlowShropshireSY8 4AL

Huntingdonshire District Council in pursuance of powers under the above Act, hereby GRANT PERMISSION for:

Proposal: The installation of an anaerobic digestion facility for the production of renewable energy. To include 1 x partially buried twin tank with conjoined centre partition, 1 x gasholder, 2 x gas membranes located on tank roof, 1 x process building to house process controls and CHP unit, 1 x feeder, 1 x digestate separator, 1 x digestate drier, 1 x transformer and associated works.

Site address: Bury Lane Farm Bury Lane Ramsey Heights

Applicant: Mr Thomas Bedford AWO Recycling Ltd

in accordance with your application received on 26th August 2015 and plans (listed below) which form part of the application

Plan Type Reference Version Date ReceivedFloor plans and Elevations

EG-574-3 B SHEET 5 26.08.2015

Elevations EG-574-3 B SHEET 3 26.08.2015Planning Layout EG-574-3 B SHEET 4 26.08.2015Planning Layout EG-574-3 B SHEET 1 26.08.2015Planning Layout EG-574-3 B SHEET 2 26.08.2015Site Plan EG-574-3 B SHEET 1 26.08.2015Planning Layout EG-574-3 B SHEET 1 26.08.2015

Subject to the following condition/s.


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

1. Reason.To comply with Section 91 of the Town and Country Planning Act 1990, as amended.

2. Condition.The development hereby permitted shall be carried out in accordance with the approved plans listed in the table above.

2. Reason.For the avoidance of doubt to ensure that the development is carried out in accordance with the approved plans.

3. Condition.Only crops grown at Bury Lane Farm, Ramsey Heights, Ramsey, Huntingdon, Cambridgeshire, PE26 2RU shall supply the anaerobic digestion facility hereby permitted.

3. Reason.In the interests of sustainable development and highway safety in accordance with the aims of the NPPF, policies CS1 of the adopted Core Strategy (2009), emerging policies LP1 and LP17 of the Huntingdonshire Draft Local Plan to 2036 (2013).

4. Note to applicant.The applicant is reminded that the development will require the relevant permit(s) issued by the Environment Agency and that the development will be expected to conform to the specific legislation as outlined by the Environment Agency.

5. Note to applicant.Statement as to how the Local Planning Authority (LPA) has worked with the applicant in a positive and proactive manner on seeking solutions:

The LPA positively encourages pre-application discussions and makes clear that applications will then normally be determined as submitted. Details of the ‘Pre-Application Advice’ process can be found on the Planning pages on the Council’s website www.huntingdonshire.gov.uk. If, as proposed, a development is considered unacceptable and it is apparent how it can be revised to make it acceptable, the LPA will set out how it can be amended to make it acceptable as part of


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its response to a pre-application enquiry. When an application is received, conditions will be used where they can make a development acceptable. A clear reason for refusal identifies the specific reasons why the development is unacceptable and helps the applicant to determine whether and how the proposal can be revised to make it acceptable.

In relation to this application, it was considered and the process managed in accordance with Paragraphs 186 and 187 of the NPPF.

6. Note to applicant.Note to applicant regarding Community Infrastructure Levy Charge.Huntingdonshire District Council became a Community Infrastructure Levy (CIL) Charging Authority on the 1st May 2012. The Council is obliged to collect the levy from liable parties in instances where development received planning permission on or after the 1st May 2012. It is important that liable parties (usually developers or landowners) are correctly identified to the Council as early as possible. For more details on CIL, the developments the charges will apply to, how much the charge will be and the process involved, including the developers or landowners legal responsibilities, the CIL pages on the Council’s website at www.huntingdonshire.gov.uk should be referred to. It should be noted that all development which creates one or more dwellings will be liable to be charged irrespective of the floor space charge. However, developments which create less than 100 square metres of new floor space and do not involve a dwelling or dwellings, will be exempt from CIL and will not be charged.


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NOTES

Rights of Appeal under the Town and Country Planning Act, 1990 Section 78

If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission for the proposed development or to grant permission subject to conditions, he/she may appeal to the Secretary of State responsible for planning within;

Six months from the date of this decision notice.

Appeals must be made on a form which is obtainable from the Planning Inspectorate, Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN. Alternatively all forms can be downloaded from their website www.planning-inspectorate.gov.uk. The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he will not normally be prepared to exercise this power unless there are special circumstances, which excuse the delay in giving notice of appeal. The Secretary of State is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements, to the provisions of the Development Orders and to any directions given under the Orders. He does not, in practice, refuse to entertain appeals solely because the decision of the Local Planning Authority was based on a direction given by him.

If permission to develop land is refused or granted subject to conditions, whether by the Local

Planning Authority or by the Secretary of State responsible for planning and the owner of the land

claims that the land has become incapable of reasonably beneficial use by the carrying out of any

development which has been or would be permitted, he may serve on the Council of the County

District in which the land is situated a purchase notice requiring that Council to purchase his interest

in the land in accordance with the provision of Part VI of the Town and Country Planning Act, 1990.

Claiming Compensation

In certain circumstances, a claim may be made against the Local Planning Authority for

compensation where permission is refused or granted subject to conditions by the Secretary of State

on appeal or on a reference of an application to him. The circumstances in which such

compensation is payable are set out in Section 114 of the Town and Country Planning Act 1990.


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General Notes

This decision notice does not convey any approval or consent which may be required under any enactment, bye-law or regulation other than Section 57 of the Town and Country Planning Act 1990.

HUNTINGDONSHIRE DISTRICT COUNCIL15/01588/FUL

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OFFICER REPORT

Case No: 15/01588/FUL Full Planning Application

Proposal: The installation of an anaerobic digestion facility for the production of renewable energy. To include 1 x partially buried twin tank with conjoined centre partition, 1 x gasholder, 2 x gas membranes located on tank roof, 1 x process building to house process controls and CHP unit, 1 x feeder, 1 x digestate separator, 1 x digestate drier, 1 x transformer and associated works.

Location: Bury Lane Farm Bury Lane Ramsey Heights

Applicant: Mr Thomas Bedford

Grid Ref: 526337 284924

DESCRIPTION OF SITE AND APPLICATIONThis application relates to a parcel of land within the boundaries of Bury Lane Farm, Ramsey Heights.

The proposal is for the installation of an anaerobic digestion facility for the production of renewable energy. The digestion facility includes: 1 x partially buried twin tank with conjoined centre partition, 1 x gasholder, 2 x gas membranes located on tank roof, 1 x process building to house process controls and CHP unit, 1 x feeder, 1 x digestate separator, 1 x digestate drier, 1 x transformer and associated works.

NATIONAL GUIDANCEThe National Planning Policy Framework (2012).

Planning Practice Guidance

PLANNING POLICIESSaved policies from the Huntingdonshire Local Plan (1995)En17: Development in the CountrysideEn18: Protection of countryside featuresEn25: General Design Criteria

Saved policies from the Huntingdonshire Local Plan Alterations (2002)No relevant policies.

Adopted Huntingdonshire Local Development Framework Core Strategy (2009)CS1: Sustainable development in Huntingdonshire

Draft Huntingdonshire Local Plan to 2036: Stage 3 (2013)LP1: Strategy and Principles for DevelopmentLP5: Renewable and Low Carbon EnergyLP11: The Relationship Between the Built-up Area and the CountrysideLP13: Quality of DesignLP15: Ensuring a High Standard of AmenityLP17: Sustainable Travel


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LP21: Rural EconomyLP29: Trees, Woodland and Related Features

Supplementary Planning Guidance/Documents:Huntingdonshire Design Guide (2007)Huntingdonshire Landscape and Townscape Assessment (2007)

PLANNING HISTORY0405022CCM, Facility for the composting of agricultural and other organic material, Approval1105016CCM, Variation of Conditions 7, 8 and 15 of planning permission H/5022/04/CW to alter the waste catchment area restriction and allow for a increase in operational hours, Approval

CONSULTATIONSUpwood Parish Council - supports the application.

HDC Environmental Health - Initially concerns were raised with regards to the proposed feedstock. Following clarification that no wastes are to be stored on site, no objections are raised to the proposal.

REPRESENTATIONSOne third party representation has been received objecting to the proposed development for the following summarised reason:- Odour pollution

SUMMARY OF ISSUESThe main issues for consideration are:o The principle of the development; o The impact upon visual amenity and the countryside;o The impact on the amenity of neighbours ando The highways implications of the proposal.

The principle of development:Paragraph 98 of the NPPF states that "local planning authorities should ... not require the applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gases and emissions". The paragraph goes on to advise that local planning authorities should approve the application unless material considerations indicate otherwise "if its impacts are (or can be made) acceptable".

Whilst policy En17 of the Huntingdonshire Local Plan (1995) does not refer to energy generation schemes, policy CS1 of the Core Strategy (2009) sets out the Council's support for maximising opportunities for renewable and low carbon energy sources. Emerging policy LP5 of the Huntingdonshire Draft Local Plan to 2036 (2013) also provides support for renewable or low carbon energy generating schemes where all potential adverse impacts including cumulative impacts have been avoided or minimised as far as possible. Emerging policy LP21 of the Huntingdonshire Draft Local Plan to 2036 (2013) also provides support for operational development in the countryside where it is, amongst other things, for renewable and low carbon energy generation.

The proposed anaerobic digester will process crops grown at Bury Lane Farm to produce electricity, hot water and digestate (a nutrient rich soil improver). The electricity produced will be used on the farm with the balance being sold into the National Grid.


1e86a202-e245-4a97-aed7-331d44a68cd1.rtf

The site is considered to lie within the open countryside, where numerous policies seek to resist development in order to preserve the unique character and appearance of the rural environment. However, the proposal is considered to be operational development which will contribute to the provision of low carbon energy generation and as such, can be supported, in accordance with the core principle of the NPPF of achieving sustainable development, policy CS1 of the Core Strategy (2009) and emerging policies LP1, LP5 and LP21 of the Huntingdonshire Draft Local Plan to 2036 (2013).

Visual amenity and the character of the countryside:Due to the siting of the anaerobic digestion facility, views of the development from public vantage points would be extremely limited. There are level changes within the surrounding landscape that result in the proposed development being screened by the topology of the land. The overall height of the proposal is fairly limited at 5.2 metres to the highest point and the line of trees and existing buildings to the south of the site also provide screening. As a result, it is therefore considered that the proposed development would not have a significant detrimental impact upon visual amenity or the character and appearance of the surrounding countryside. The proposal is therefore considered acceptable in accordance with the aims of the NPPF, policy CS1 of the Core Strategy (2009), emerging policies LP1, LP5, LP13 and LP21 of the Huntingdonshire Draft Local Plan to 2036 (2013) and the Huntingdonshire Landscape and Townscape Assessment SPD (2007).

Impact upon neighbour amenity:There are properties located within 400m of the proposed anaerobic digestion facility. The HDC Environmental Health Officer is satisfied that the proposal would not have a detrimental impact upon the amenities of neighbouring properties in terms of noise or odour, should the development be implemented in accordance with the Design and Access Statement submitted and email from the agent dated 29th October 2015. The proposal is therefore considered to accord with the aims of the NPPF and policy LP15 of the Huntingdonshire Draft Local Plan to 2036 (2013).

Highways:The submitted Design and Access Statement sets out that the crops grown at Bury Lane Farm, including Hybrid Rye and Maize Silage, will be used for the anaerobic digestion facility. The use of crops from other locations is not indicated. The application has been determined on the basis of the information submitted and as such a condition will be added to the decision notice to reflect this.

Conclusion:Taking national and local planning policies into account and having regard for all relevant material considerations, it is recommended that planning permission be granted for the development as proposed.

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CONTACT OFFICER:Enquiries about this report to Laura Nuttall Assistant Development Management Officer 01480 388407

RECOMMENDATION

SUMMARY OF CONDITIONS.


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

1. Reason. To comply with Section 91 of the Town and Country Planning Act 1990, as amended.

2. Condition. The development hereby permitted shall be carried out in accordance with the approved plans listed in the table above.

2. Reason. For the avoidance of doubt to ensure that the development is carried out in accordance with the approved plans.

3. Condition. Only crops grown at Bury Lane Farm, Ramsey Heights, Ramsey, Huntingdon, Cambridgeshire, PE26 2RU shall supply the anaerobic digestion facility hereby permitted.

3. Reason. In the interests of sustainable development and highway safety in accordance with the aims of the NPPF, policies CS1 of the adopted Core Strategy (2009), emerging policies LP1 and LP17 of the Huntingdonshire Draft Local Plan to 2036 (2013).

4. Note to applicant. The applicant is reminded that the development will require the relevant permit(s) issued by the Environment Agency and that the development will be expected to conform to the specific legislation as outlined by the Environment Agency.

5. Note to applicant. Statement as to how the Local Planning Authority (LPA) has worked with the applicant in a positive and proactive manner on seeking solutions:

The LPA positively encourages pre-application discussions and makes clear that applications will then normally be determined as submitted. Details of the ‘Pre-Application Advice’ process can be found on the Planning pages on the Council’s website www.huntingdonshire.gov.uk. If, as proposed, a development is considered unacceptable and it is apparent how it can be revised to make it acceptable, the LPA will set out how it can be amended to make it acceptable as part of its response to a pre-application enquiry. When an application is received, conditions will be used where they can make a development acceptable. A clear reason for refusal identifies the specific reasons why the development is unacceptable and helps the applicant to determine whether and how the proposal can be revised to make it acceptable.

In relation to this application, it was considered and the process managed in accordance with Paragraphs 186 and 187 of the NPPF.

6. Note to applicant. Note to applicant regarding Community Infrastructure Levy Charge.Huntingdonshire District Council became a Community Infrastructure Levy (CIL) Charging Authority on the 1st May 2012. The Council is obliged to collect the levy from liable parties in instances where development received planning permission on or after the 1st May 2012. It is important that liable parties (usually developers or landowners) are correctly identified to the Council as early as possible. For more details on CIL, the developments the charges will apply to, how much the charge will be and the process involved, including the developers or landowners legal responsibilities, the CIL pages on the Council’s website at www.huntingdonshire.gov.uk should be referred to. It should be noted that all development which creates one or more dwellings will be liable to be charged irrespective of the floor space charge. However, developments which create less than 100 square metres of new floor space and do not involve a dwelling or dwellings, will be exempt from CIL and will not be charged.