Agenda item

Minutes:

The first planning application of the night was introduced for Members’ consideration. Planning application number 140416 seeking to erect 14no. grain storage silos, 1no. dryer, associated structures and conveyor. The Planning Manager explained that a member of the public had informed the Planning Department that they had requested the Secretary of State use his powers under s77 to “call-in” the application for his own determination. It was the Secretary of State’s policy that they would normally only do this if the application conflicted with national policy in important ways, or was nationally significant. The Planning Casework Unit had been in contact, and it had been requested that, whilst the Committee may proceed to make its resolution, that no decision be issued, until the Secretary of State had determined whether he wished to exercise his powers.

 

The Senior Development Management Officer presented the details of the application and highlighted there was one update to report, that being the proposed conditions as a result of the revised noise report.

 

The Chairman explained there were a number of public representations which were to be read out by the Democratic and Civic Officer.

 

Statement from Hemswell Cliff Parish Council.

 

“Hemswell Cliff Parish Council has objected to this application on the following grounds:

 

1. Despite the disquiet, felt by residents of Hemswell Cliff about the noise already created by the existing silos and associated plant. The noise report has been conducted at a quiet time of year and is not representative of what it is like during the busy time of year, whilst this does not suit the grant funding that the applicant is applying for it should not be overlooked. This study would have different results if conducted in August or September. If it is not a Material consideration as stated at page 35 para 1 “The position and importance of this funding to the business is acknowledged, however this funding position is not a material consideration in the determination of the application”

Then why not delay the application until a noise study can be carried out at a more suitable time.

 

2. Page 34 Quotes

“The 85,000 tonnes of grain is collected from the members and delivered by local hauliers. The proposal will provide an additional 60,000 tonnes of grain storage which is aimed to be delivered in the next 10 years and provide storage for local farmers that currently store their grain outside of Lincolnshire”. If this is a long-term plan over the next ten years are there more Silos and fans in the pipeline.

 

3. Page 39 Quotes

“The NIA lists the silos and associated fans making it clear on page 10 that the assessment is based on the fitting of fan silencers. The NIA (page 11) is based on the fact that due to power constraints, it is not possible for all 14 no. silo fans to be in operation simultaneously and that only 6 fans would ever be in use at any one time. This has been confirmed by the agent in an email dated 31st March 2020.”

2 Points here: If only 6 fans can be running at any one time, will they upgrade the electricity supply later and run more. In addition, is this an additional 6 fans on top of the already installed fans?

 

4. Page 47 Item 6 Quotes

“The business outlined in red on location plan LDC2850-PL-01 must operate no more than 6 silo fans at any one time. In accordance with the Noise Report reference NIA/8960/20/9025/v4/Woldgrain; AND if requested by the Local Planning Authority, the applicant/operator must submit digital/electronic records of the number and times of fans in use at any one time. This information must be retained for 2 years. What about the Business in Blue, which is the existing business? How many will they be running at the same time. Whatever they are running will be in addition to the 6 extra Fans

 

Are the existing fans running with attenuators as the new ones propose. Also there are not just fans but conveyor/elevators to move the grain around the plant all creating additional noise, These were probably not running when the noise study was carried out. Why were the noise studies only taken to the south and west of the Plant? What about the properties to the east. This is very close to the Primary School (200m), the disruption to the school could be very off putting and effect the children’s education. This was one of the main reasons the Wind Farm application rejected.

 

5. Will the noise issue be monitored? And what action will be taken if they exceed the limits set in the NIA

 

6. Page 40 quotes

The NIA goes on to state that the “It can be seen that the rating level of the proposed plant is expected to be below the background noise level during the day and night at all NSRs resulting in a low impact.” This plant is the background noise at night; it is all you can hear!

 

7. Flooding

The FRA quotes at 5.1 that the area has not been subject to flooding and shows a map (Historical Flood Map from WLDC SFRA ) this shows no flooding at Hemswell Cliff! Therefore is incorrect. James Road at Hemswell Cliff was flooded to the extent that several houses were uninhabitable in 2007, which is not shown on the SFRA. These properties are only 500m from the development site. Flooding has also occurred in Spital in the Street.

 

8. Visual Impact

Although this has apparently been considered, we do not think fairly. The long view will be damaged tremendously, bringing a huge industrial view. The existing silos can already be seen on a clear day from the Wolds, a recognised Area of Outstanding Natural Beauty. Any additional silos will be even more prominent and further damage the long view.”

 

Statement from Mr John Burnett, Applicant

 

Ladies and gentlemen, Good evening and thank you for giving me this opportunity to address you.

 

Woldgrain has been at Hemswell Airfield since 1980. In fact I believe Woldgrain may have been the first business to become established on the site after the closure of RAF Hemswell. In deciding to purchase our current site, the original Directors of Woldgrain made two very far sighted and important decisions. Firstly, they bought a site with a significant amount of room for expansion. Secondly, Hemswell’s location within an hour of both the coast and the M62/A1 has become more important, strategically for grain movement. We currently store around 85,000 tonnes of grain each year, grown by Woldgrain’s members, the vast majority of whom are farming within 30 miles of Hemswell. Seven of the nine Woldgrain Directors live in the West Lindsey.

 

Woldgrain has evolved into a grain storage facility with a national importance, satisfying the requirements of the feed, food and fuel supply chains. Wheat and barley stored at Hemswell has been used by processors and manufacturers up and down the country, to create famous products such as Carling lager, Hovis bread and Warburton’s crumpets. Each year a significant proportion of the stored crop is exported through the ports of Lincolnshire and Humberside.

 

We believe that Woldgrain’s location will become increasingly important in the years to come, as modern supply chains demand a level of traceability that is becoming more difficult to achieve with on farm storage.

 

During the last 10 years we have seen the business grow significantly, to a point where we have fully developed our existing site. As you will appreciate growth is vitally important to the success of any business. Over this period the business has grown from an annual turnover of £250,000 to a turnover of £1.8m. We have doubled our number of employees and have recently taken on our first apprentice. In addition, we now employ 6 students each year for our busiest period from July to September.  To achieve this growth we have invested almost £15m since 2008, with approximately 60% of this having been spent locally. Since 2008 we have more than tripled our annual use of local grain haulage businesses, spending nearly £400k last year. All of these businesses are North Lincolnshire, if not West Lindsey based, thereby ensuring this money is reinvested locally.

 

In order to continue to grow we need to acquire more land and there is now the opportunity to purchase the site which is the subject of the application. We believe this site will give us at least another 10 years of growth at Hemswell. The capital spend required for the new plant will be in the order of £12-15m, with a similar proportion being spent locally. Woldgrain is a market-leading grain store, as modern as any in the UK, and has recently won awards, including Small Business of the Year 2016 (Gainsborough Business Awards) and Food & Farming Excellence Award 2017 (Lincolnshire Business Awards).

 

In the coming years we believe this new expansion project will contribute significantly to the creation and development of the Food Enterprise Zone and the wider socio-economic regeneration of the local area, as outlined in the Hemswell Cliff Masterplan. The agri-food sector, which contributes 18% of Lincolnshire GVA and makes up over 90% of the area covered by West Lindsey, is particularly vulnerable to the impact of Covid-19 and the challenges posed by Brexit. Food and farming also sits at the heart of the industrial strategy for the Greater Lincolnshire Local Economic Partnership (GLLEP). A thriving agri-food sector will be vital to the economic recovery of the county as the Covid lockdown is eased.

 

Without the support from West Lindsey District Council, none of this growth would have been possible. With your continued support and by approving this application, we believe together we can build on past successes and achieve the following:

 

·         Safeguarding Woldgrain’s future at Hemswell.

·         Continued support for the local economy.

·         Support for the wider agri-food sector in greater Lincolnshire.”

 

Statement of Objection from Mr Alan Pendle

 

I would like to ask the committee to take into consideration the trauma the residents of Hemswell cliff and surrounding areas have to endure every year from September through to March, this is when the Woldgrain fans are running 24 hours a day at their highest capacity. The noise resonates and is so annoying it is impossible to sit and read a book or have a quiet discussion. One night my wife and I got in the car and went for a drive at 2am just to get away from the noise. We live just south of the A631 so have total sympathy for those living, including the school just 320 meters from the site, or 170meters from new site. I am asking the commitee to postpone any decision on this application until an accurate noise reading can be made at a time when the fans are  running at full capacity.”

 

The Chairman thanked the Democratic and Civic Officer and invited Councillor Paul Howitt-Cowan to address the Committee in his role as Ward Member.

 

Councillor Howitt-Cowan explained that he had no prior knowledge that the application had been referred to the Secretary of State. He stated that his Ward embraced both residential and business interests and it was important to maintain a balance between quality and quantity. He explained that he felt, without tighter conditions, the approval of this application would lead to a reduction in the quality of life for residents which needed to be safeguarded against. He noted that the visual impact of the new silos would be obvious in a negative way and whilst it was necessary to represent the industry of the area, the visual impact needed to be taken into consideration. He also felt that the possible noise impact was a justifiable concern for residents and highlighted that the tests had been conducted during the quiet months and not when the business was running at full capacity. He thanked the committee for their time and welcomed their careful consideration of the full details of the application.

 

The Chairman thanked Councillor Howitt-Cowan and requested that he absent himself from the Committee for the remainder of the item.

 

The Senior Development Management Officer highlighted that it was very clearly conditioned for only six fans to be in use and this was an enforceable condition. He added that there had been several noise tests undertaken and the findings of these were detailed in the report. He also noted that the colour of the silos had been chosen to match with the existing and that having them a different colour could make them more prominent and visible, however this could be subject to change should Members wish.

 

The Chairman invited comments from Committee Members. There was considerable discussion regarding the possible noise impact of the fans and the visual impact of the new silos. The results of the noise testing were taken into consideration and it was acknowledged that, should the application be agreed and noise became an exacerbated issue, the Environmental Health team could be contacted and the conditions regarding noise could be enforced. It was also agreed that the colour of the new silos should be conditioned so as to avoid an excessive visual impact.

 

Having proposed and seconded the Officer recommendation it was agreed that planning permission be GRANTED subject to the conditions set out below alongside a new condition for the colour of the silos to be reconsidered in order to minimise the visual impact.  

 

Conditions stating the time by which the development must be commenced:

 

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

 

Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

 

Conditions which apply or require matters to be agreed before the development commenced:

 

2. No development shall take place until, suitably qualified contaminated land assessments and associated remedial strategy with none technical summaries, conclusions and recommendations, together with a timetable of works, have been submitted to and approved in writing by the Local Planning Authority (LPA) and the measures approved in that scheme shall be fully implemented. [Outcomes shall appropriately reflect end use and when combining another investigative purpose have a dedicated contaminative summary with justifications cross referenced]. The scheme shall include all of the following measures unless the LPA dispenses with any such requirement specifically in writing

a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the LPA prior to investigations commencing on site.

b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.

c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment including any controlled waters.

d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA.

e) Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any postremedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

 

Reason: In order to safeguard human health and the water environment and identify potential contamination on-site and the potential for off-site migration as recommended by the Environment Agency and the Housing and Environmental Enforcement Manager in to accord with the National Planning Policy Framework and policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

3. No development must take place until details for the disposal of surface water (including any necessary soakaway/percolation tests) from the site and a plan identifying connectivity and their position has been submitted to and approved in writing by the local planning authority. Any infiltration system must be supported by an assessment of the risks to controlled waters. No operation must occur until the approved scheme has been completed in accordance with the approved scheme.

 

Reason: To ensure that the developments surface water drainage scheme does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants to accord with the National Planning Policy Framework and policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

4. No development must take place unless a colour scheme for the silos has been submitted to, and approved in writing by the local planning authority. The development shall thereafter be finished and retained, in accordance with the agreed colour scheme.

 

Reason:  In the interests of visual amenity, to mitigate the visual impact of the industrial structures within their surroundings, to accord with the National Planning Policy Framework and policy LP5, LP17 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or are to be observed during the course of the development:

 

5. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved must be carried out in accordance with the following proposed drawings:

·         P206650-500 issue 02 dated 3rd April 2020 – elevations

·         P206650-500 issue 05 dated 7th January 2020 – Site Plan

The works must be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

 

Reason: To ensure the development proceeds in accordance with the approved plans and to accord with the National Planning Policy Framework and local policy LP17 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

6. No deliveries must be made to the site between the hours of 23:00 and 07:00.

 

Reason: To protect the amenity of the occupants of nearby dwellings to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

7. The business outlined in red on location plan LDC2850-PL-01 must operate no more than 6 silo fans at any one time. In accordance with the Noise Report reference NIA/8960/20/9025/v4/Woldgrain; AND

If requested by the Local Planning Authority, the applicant/operator must submit digital/electronic records of the number and times of fans in use at any one time. This information must be retained for 2 years.

 

Reason: To retain the low noise impact on the nearest occupied or potentially occupied uses as concluded in the approved ENS Noise Report ref NIA/8960/20/9025/v4/Woldgrain dated 20th May 2020 during operation of the business to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

8. Any plant hereby permitted must operate in a way so as not to exceed the specified noise levels as measured at the specified measuring locations defined in Tables 4.5 and 4.6 (page 12) of the approved ENS Noise Report ref NIA/8960/20/9025/v4/Woldgrain dated 20th May 2020.

 

Reason: To retain a low noise impact on the nearest occupied or potentially occupied uses as concluded in the approved noise report during operation of the business to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

9. If, during development, any additional 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) must be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy must be implemented as approved.

 

Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site to accord with the National Planning Policy Framework and policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or relate to matters which are to be observed following completion of the development:

 

NONE

 

 

Supporting documents: