Agenda item

Major - Full Planning Permission

Erection of additional 2 no. poultry units with associated infrastructure

Bank Farm, Silvertoft Lane, Frampton West, Boston PE20 1RX

Mr Gott, Stonegate Farmers Ltd

The Assistant Director – Planning and Strategic Infrastructure presented the report and confirmed it was tabled through committee to accord with the Council’s constitution as the proposal was an Environmental Impact Assessment Development.   Members were advised that the site of the application was which off Frampton Bank and within the countryside, currently comprised of two main poultry buildings.  The site was bound by fields’ and drains to the east, south and west with Frampton Bank at the north and the surrounding area was predominantly agricultural.

Planning permission was sought for the erection of two buildings to be sited north of the existing units, each to be identical in size and layout with a 9 metre passageway connecting the two units.  The new units would allow a capacity of 34,000 birds in each unit increasing the capacity across the site to 132,000 birds.

As the proposed works would exceed the criteria within Schedule 1 of the EIA Regulations under para.17 which permitted no more than 85,000 places for broilers, or 60,000 places for hens, the application became an Environmental Impact Assessment application triggering specific publicity and consultation requirements with determination timescales and procedural processes all of which had been complied with.

A brief overview of the history of the site was provided along with a reminder of the relevant policies.

Addressing representations received, the Assistant Director confirmed that one representation had been received which had included concerns in respect of highway issues with a lack of view existing onto Fen Road and risks of increase traffic on Silvertoft Lane potentially resulting in a serious accidents.  Further concerns noted increased noise from fans at the site due to the significant increase in birds and also increased heavy goods movements providing feed to the site.

Any issues identified by the statutory consultees had all been agreed prior to final report including any impact on the biodiversity and ecology of the site.

Members’ deliberation agreed the quality of the report and whilst noting the concerns of the representation submitted, acknowledged all issues had been addressed and further agreed the economic benefit to the community of the expansion of the existing business.  Responding to questions the Assistant Director urged caution on a suggestion of the implementation of a one-way system on a highway which he noted would be very difficult to enforce.  He further confirmed that the Parish Council had been consulted but had not responded; the European Directive questioned within 3.4 of the report was still in place and that a condition was in place for odour management on the site

It was moved by Councillor Tom Ashton and seconded by Councillor Yvonne Stevens that committee grant the application in line with officer recommendation and subject to the conditions and informative therein.

Vote:     11 in Favour.     0 Objection.     0 Abstention.

RESOLVED: That the planning committee grant the application in line with officer recommendation and subject to the following conditions and informatives:

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

Reason:Tocomply withthe requirementsof section91 ofthe Townand CountryPlanning  Act 1990 asamended by Section 51of the Planning and Compulsory Purchase Act2004

2 The developmentherebypermittedshallbe carriedout instrictaccordance withthe  applicationreceived10 November2021 andinaccordancewiththe associatedplans  referenced,whichare tobe readinconjunctionwiththe EnvironmentalStatement thathas  been submitted: 

Drawing Number: 2207-001Rev A; 
Drawing Number: 2207-006Rev A; 
Drawing Number: 2207-011Rev A; and, 

Pest ControlPlan(EnvironmentalStatement, Volume4: TechnicalAppendices, 
Appendix 11.5) 

Reason:For theavoidanceof doubtandto ensurea satisfactorystandard ofdevelopment  in accordance withthe policies contained within the South East Lincolnshire Local Plan  (2011-2036) and the National Planning Policy Framework (2021). 

3 Nodevelopmentshalltake placeuntila ConstructionEnvironmentalManagementPlan  (CEMP)and Statementhas beensubmittedto andapprovedinwritingbythe Local  Planning Authority. The CEMP and Statement shall include:  

a) daylightonlyhours ofworkfor sitepreparation,deliveryof materialsand construction;  b) arrangements for the parking of vehicles for site operatives andvisitors;  

c)detailsof areasdesignatedfor theloading,unloadingandstorageof plantand 

materials;  

d)details of the siting, height and maintenance of security hoarding;  

e) arrangements for theprovision of wheel washing facilities for vehicles accessing the  site; 

f)measures to control the emission of dust and dirt during construction;  

g)a scheme for recycling/disposing of waste resulting from construction works; and  

h)a strategyto informneighbouringoccupiers(whichas aminimum,shallincludethose 

adjoiningthe siteboundaries)of thetimingand durationof anypilingoperations,and 
contact details for the site operator during this period. 

i)details showing means of escape routes for animals in excavated areas 

Developmentshallthereafter becarriedout infullaccordancewiththe dulyapprovedCMS. 

Reason:Inorder toensure thatappropriatemeasures areputinplacebefore any  developmentcommencesto limitnoise,nuisanceanddisturbanceto theoccupiersof  neighbouring properties and to protect wildlife during the construction of the development  to accord with Policies 2, 3, 28 and 30 of the South East Lincolnshire Local Plan(2011- 2036). 

4No development (including any works of site preparation) shall take place until a Written  Scheme ofInvestigation(WSI)outlininga programmeandtimetableof archaeological  investigationhasbeensubmittedto andapprovedinwritingbythe localplanningauthority.  The WSI shall include: 

(i)A phased programme and methodology of site investigation and recording to include: 

a desk-basedassessmentincluding,whereappropriate,historicbuilding 
assessment(s), detailed survey and interpretative record; 

a targeted archaeological evaluation; and 

where appropriate, targeted area excavation. 

 (ii)A programme for post investigation assessment to include: 

analysis of the site investigation records and finds; 

productionof afinalreport onthe significanceof the 

    archaeologicalinterest  represented.

 (iii)Provisionfor publicationand disseminationof theanalysisand 

     reporton thesite  investigation.

 (iv)Provisionfor archivedepositionof thereport, findsand recordsof thesiteinvestigation. 

(v) Nomination of a competent person(s) or organisation to undertake the work set out in the approvedWSI. 

The development shall thereafter be carried out in full accordance with the approved WSI  and the timetable contained therein. 

Reason:Toensure thata suitableprogrammeof archaeologicalinvestigationis  implementedpriorto the commencementof anyconstruction works inorder torecord and  advance the understanding of the archaeological and historical significance of the site for  archivaland researchpurposesinaccordancewiththe requirementsof SouthLincolnshire  Local Plan (2011-2036) Policy 29 and the National Planning Policy Framework (2021). 

5 Noexcavationor siteclearanceshallcommenceunlessanduntila schemefor tree  relocationand protectionmeasures(both aboveand belowground) tobe implemented  prior to site preparation and the construction period has been submitted to and approved  in writing by the Local Planning Authority. The scheme shall include: 

(i)      Identification of the trees which are to be relocated and details how they are to be 
moved and planted; 

(ii)Detailsof aconstructionexclusionzone (includingprotectivefencingof aheightand 
design which accordswith the requirements BS 5837: 2012) to be formed around 
the root protection areas of those trees to be retained; 

(iii)Detailsof anyexcavationto takeplacewithinthe rootprotectionareasof thosetrees 
to be retained; 

(iv)Detailsof thefoundationsof anybuilding,hardstandingsand/orboundarytreatments 
to be constructed within the root protection areas of those trees to be retained. 

Thedevelopmentshallthereafter becarriedoutinstrictaccordance withthe protection  measurescontainedwithinthe dulyapprovedscheme throughoutthe entiretyof the  excavation, site preparation and construction period. 

Reason:Toensure thatadequatemeasuresareput inplaceto protectexistingtrees which  are tobe retainedas partof thedevelopmentbeforeanyconstructionworkscommence in  accordancewiththe requirementsof Policies2 and28 ofthe SouthEast LincolnshireLocal  Plan (2011-2036). 

06 

6 Nodevelopmentshalltake placeuntildetailsof theacousticattenuator includingdetailsof  its method of construction, any odour control measures, noise levels, its appearance and  finishhave beensubmittedto andbeenapprovedinwritingby theLocalPlanning  Authority.Theapprovedscheme shallbe installedbefore theuse herebypermitted  commences and thereafter shall be permanently retained. 

Reason: These details need careful consideration and formal approval to safeguard the  amenityof nearbypropertiesand toprotectthe generalenvironment. Thedetailsare  neededto ensurethat noisefrom fixedplantand machineryshallnot exceed30dB LAeqT  measured at the northern boundary of the site which will ensure accordance with Policies  2 and 30 of the South East Lincolnshire Local Plan (2011-2036). 

7 Prior to the commencement of development above slab level, full details of a landscaping  scheme andthe biodiversityenhancementmeasuresacross thesite shallbe submittedto  and approved in writing by the Local Planning Authority. 

The scheme shall include details of: 

The type, species, siting, planting distances and the programme of planting of trees; 

Hedges and shrubs appropriate to the local landscape and ecology, including native species of local provenance and of known value to wildlife;   

A landscapeandBiodiversityManagementPlan(LBMP)anda timetablefortheir implementation.  

Thedulyapprovedlandscapingschemeshallbe carriedout duringthe firstplantingseason  after the developmentissubstantiallycompletedand shallbe managedinaccordancewith  the LBMP thereafter. 

Anytrees, hedgesor shrubsremoved,dying,beingseverelydamaged orbecoming  seriouslydiseasedwithinfiveyearsof plantingshallbe replacedby trees,hedges or  shrubs of similar size and species to those originally required to be planted. 

Reason: To ensure appropriate landscaping of the site in the interests of visual amenity,  to enhancethe characterof thelocalityand toprovidebiodiversityenhancementsin  accordance with the requirements of Policy 2, 28 and 29 of the South East Lincolnshire  Local Plan (2011-2036). 

8 Notwithstandingany descriptionof materialsinthe applicationand therequirementsof  condition2 ofthispermission,no abovegroundworksshalltake placeuntilsamplesor full  detailsof allmaterialsto beused onthe externalsurfaces ofthe buildingshave been  submitted to and approved in writing by the Local Planning Authority. Such details shall  include the type, colour and texture of the materials. The development shall thereafter be  implemented in accordance with the duly approved materials. 

Reason: To ensure use of appropriate materials which are sympathetic to the character  of adjacent building and its countryside setting in the interests of visual amenity to accord  with the requirements of South East Lincolnshire Local Plan (2011-2036) Policy 2 and 3,  and the National Planning Policy Framework (2021). 

9 Prior to the building hereby permitted first being brought into use an Odour Management  Plan shall be submitted to and approved in writing by the Local Planning Authority.  The  approvedplanshallincorporatehowodour ismanagedcumulativelywiththe existing  buildingwithinthe site. Thereafterthe siteshallbe managedinaccordancewiththe  approved Odour Management Plan. 

Reason: In order to ensure the efficient dispersal of any odours emanating from the site  in the interests of the amenity of neighbouring occupiers to accord with the requirements  of SouthEast LincolnshireLocalPlan(2011-2036)Policy2 and30, andthe National  Planning Policy Framework (2021). 

10 Priorto thebuildingherebypermittedfirstbeingbroughtintouse, afloodwarningand  evacuationplanincorporatingthe existingbuilding(s)withinthe entiresiteshallbe  submitted to and approved in writing by the Local Planning Authority. 

The approvedplan shall then be implemented in accordance with a timetable agreed with  the Local Planning Authority and the site shall be operated in accordance with the agreed  plan at all times. 

Reason: To reduce the risk of flooding and that measures are in place to protect users of  the siteand tocomplywithPolicy4 ofthe SouthEast LincolnshireLocalPlan(2011-2036

11 No abovegroundworksshalltake placeuntila schemefor thedisposalof fouland surface  water from the site has been submitted to and approved in writing by the Local Planning  Authority.Unlessotherwiseagreed inwritingwiththe LocalPlanningAuthority,the scheme  shall include:  

(i)detailsof therate ofsurface waterdischargefrom thesiteto anysoakaway, 
watercourseor sewer,includingprovisionstoensurethat thepost-development 
dischargeratedoes notexceedthe pre-developmentrate (incorporatingan appropriate 
allowance for climate change); 

(ii)details of any necessary flow attenuation measures, including the use of SUDS where 
appropriate; and  

(iii)details of how the scheme will be maintained and managed after completion.  

Thescheme shallbe implementedinaccordancewiththe dulyapproveddetailsbefore the building is first brought intouse andshall be maintained and managed as such thereafter. 

Reason: To ensure that the development is not at risk of flooding and does not increase  flood risk elsewhere, and that adequate measures are put in place for the disposal of foul  and surfacewaterinaccordancewiththe requirementsof Policy2 and4 ofthe SouthEast  Lincolnshire Local Plan (2011-2036). 

12 Noclearanceof anyvegetationinpreparationfor orduringthe courseof developmentshall  takeplaceduringthe birdnestingseason (Marchto Augustinclusive)unlessan ecological  surveyhas firstbeen submittedto andapprovedin writingby theLocalPlanningAuthority  which demonstrates that thevegetation to be cleared is not utilised for bird nesting.  

Should the survey reveal the presence of any nesting species, then no clearance of any  vegetationshalltake placeduringthe birdnestingseason untila methodologyfor 

13 Inthe unlikelyevent thatanysignsof protectedspeciesor invasivespeciesarefound,  thenno furtherdevelopmentshalltake placeuntila comprehensivemethodstatement  indicatinghowanyprotected speciesare tobe safeguardedduringthe constructionperiod  andhowappropriatemitigationmeasures(includinghabitatcompensationand  enhancement)are tobe incorporatedintothe developmenthas beensubmittedto and  approved in writing by the Local Planning Authority.  

Theduly approvedmethodstatement shallbe implementedinfullaccordance withthe  details, recommendations and timescales contained therein and any mitigation measures  shallbe fullyimplementedbefore thebuildingisfirstbrought intouse andretainedas such  thereafter. 

Reason:Toensure thatappropriatemeasuresare takento ensurethat adequate  mitigation measures are introduced as part of the development in order that it does not  adverselyaffect thefavourableconservationstatus ofanyprotected speciesinaccordance  with the requirements of Policy 2 and 28 of the South East Lincolnshire Local Plan (2011-2036), the National Planning Policy Framework (2021), the Conservation of Habitats and  Species Regulations 2010 and theWildlife and Countryside Act 1981 (as amended). 

14 Notwithstanding any details contained within the application, a scheme for the installation  of anyexternallightingon thebuilding(s)and theexternalareas ofthe siteshallbe  submitted to and approved in writing by the Local Planning Authority before any lighting is  installed. The scheme shall include details of the lighting’s:   

(i) position and height on the building(s) and/orsite;   (ii) spillage, luminance and angle of installation; and   (iii) any hoods to be fixed to the lights.  

Anyexternal lightingshallonlybe installed in accordancewith thedulyapproved scheme. 

Reason: In the interest of protecting wildlife from light overspill from the site which would  accord with Policies 2 and 28 of the South East Lincolnshire Local Plan (2011-2036). 

INFORMATIVE NOTES TO APPLICANT 

1 Bank Farm Poultry Unit currently holds an environmental permit (EPR-HP3107LE) for the  rearing of pullets in a facility with a capacity for 64,000 places.  A variation to this permit  would need to beapplied for if the site wishes to construct further two sheds and increase  bird numbers to 132,000 as proposed.