Agenda item

To determine the Application.

The Committee had regard to its inspection of the site (as agreed in accordance with the Site Inspection: Policy and Procedure (minute 19/04 refers)) during its deliberations.

Officers presented the application to Members and drew their attention to the update report in respect of the application.

Members received a presentation in accordance with the public participation procedure from Mrs Yvonne Gunner, in objection to the application.

Mrs Gunner stated that in 2011 she received notification of the anaerobic digester and 1 slurry pit and at that time contacted the planning team to advise them that Cants Drove is not suitable for heavy goods vehicles (HGV).

She was advised that the cattle waste would be fed into the digester there would be a reduction in traffic making the point that the road is used 24 hours a day, 364 days a year by HGV and tractors towing slurry tractors and carrying cattle feed, with there being no passing places on this single track road, and, therefore, the frontage of her property is being used as a passing place.

Mrs Gunner stated that under the proposal the maximum extra vehicle movements will be 5 per day, which, in her view, is already too many and if you consider a return journey for those vehicles it will mean 10 extra vehicles per day. She stated that the surface of the road is breaking up and is in an appalling condition, there are tracks on either side and although highways have resurfaced 200 metres of the road, it is actually 2 miles long.

Members received a presentation in accordance with the public participation procedure from Mr Derek Burgoyne, the applicant.

Mr Burgoyne explained that the requirement for the new lagoon is due to the necessity of being able to control when the muck spreading takes place and there are certain times of year when crops do not need the material and also when there are inclement weather conditions. He stated as a business, the digestate needs to be kept moving and the extra capacity will mean that the material will be able to be stored on these occasions.

Mr Burgoyne acknowledges the concerns of the neighbouring properties and concurs with the points raised concerning Cants Drove but made the point that the farm has been in situ for almost 30 years and farms 1500 beef cattle. He outlined the process that takes place explaining  that the changes involve the removal of waste from open backed tractor and trailers and the on field storage of manure and bedding to a liquid digester. The Vehicle Operator and Services Agency (VOSA), have requested that tractors and tanker trailers should not be used and instead to use HGV to carry materials.

Mr Burgoyne agreed that at certain times of the year there is an increase in vehicle movements, as there is a limited timeframe when it is harvest season and the materials have to be moved when crops require it. With regard to the first lagoon, Mr Burgoyne stated there were irregularities with it, but it was built in accordance with the Environment Agency permit.

Members asked Mr Burgoyne the following questions:

·         Councillor Mrs Bligh asked whether the company are prepared to invest in the upkeep of Cants Drove? Mr Burgoyne replied that he has been asked this before and he has obtained a quote of £182,000 to upgrade Cants Drove and that is a question for the investors involved with the company. He added that they have offered to gift land for passing places in Cants Drove and have also constructed passing places to ease the burden on traffic. He regularly complains to the Highways Authority and has been told that due to budget constraints works are prioritised, however, highways have recently tarmacked a stretch, but only a small area.

·         Councillor Mrs Bligh stated that highways have only resurfaced a 200 metre stretch and advised Mr Burgoyne that he could pay to have the passing places made. Mr Burgoyne replied that it needs to be considered as part of the overall investment process and due to the expensive costs that would be required, no high street bank would support it.

·         Councillor Mrs Davis asked how long the Anaerobic Digester has been in place?. Mr Burgoyne confirmed that it received planning permission in 2011 and was operational in 2012.

·         Councillor Mrs Davis asked if there is a second lagoon being constructed then there is the opportunity to take on more slurry and that will mean more digestate will be produced, and therefore, there will be more vehicle movements. Mr Burgoyne stated that one tanker will replace every three tractor and trailers and, therefore, there will be less traffic movements by processing the waste as opposed to taking it and transporting it by conventional means.

·         Councillor Connor asked Mr Burgoyne why his company has not considered taking steps to address the local residents’ concerns regarding lack of passing places with highways permission?. Mr Burgoyne responded that he has already mentioned that they have already added six passing places at the cost of the business and on their land. Mr Burgoyne stated that land has been offered to highways to widen the road and no feedback has been received.

·         Councillor Connor agreed that Highways do have other priorities, however, as a profit making business it would not have an adverse effect on the business annually to add an additional 1 or 2 passing places along the road. Mr Burgoyne stated that the addition of passing places will not assist with the foundations of the road.

·         Councillor Mrs Bligh asked whether Mr Burgoyne’s company carry out any consultation with the residents?. M Burgoyne advised that he has met with the Parish Council to discuss their concerns. Councillor Mrs Bligh has attended the meetings and it is the traffic issue that is always raised and she is concerned that the original lagoon is bigger than the planning permission that it was granted for and asked whether, if permission is granted, the second lagoon will also be greater in size? Mr Burgoyne stated that the Environment Agency prescribed the permitted area and he would wholeheartedly welcome any communication with the local residents.

·         Councillor Sutton asked for clarification on the number of passing places that have been made? Mr Burgoyne stated that there have been six introduced, however, these have been subject to criticism as they haven’t been tarmacked.

·         Councillor Sutton commented that, as he understands it, by installing the extra lagoon will not alter the amount of traffic, as the addition of the facility will provided extra storage, so the traffic frequency will not be as often. He added that the suggestion of a business spending money on a highway maintained road is outrageous.

·         Councillor Mrs Laws asked Mr Burgoyne to clarify whether the six passing places that have been introduced have actually been signed over to highways? Mr Burgoyne confirmed that the business has offered to gift them the land, however, they are not prepared to accept it.

·         Councillor Mrs Davis commented that if the second lagoon produces double the amount of the slurry and then it cannot be used what will happen. Mr Burgoyne stated that slurry can always be used as it is a better substance than manure and bedding.

·         Councillor Benney asked whether it would be possible to pipe and pump away any of the slurry to a better location in order to be transport it away? Mr Burgoyne said that 40% of the digestate is spread on the land in Cants Drove and the surrounding area and not everything is transported out.

Members made comments, asked questions and received responses as follows;

·         Councillor Murphy commented that the business should be able to expand and grow.

Proposed by Councillor Sutton, seconded by Councillor Mrs Laws to APPROVE the application which was not supported on a vote by the majority of the councillors.

The Chairman asked for an alternative proposal and Members were reminded of the need to provide substantive reasons for refusal. No alternate proposal was put forward.

Proposed by Councillor Sutton, seconded by Councillor Mrs Laws to APPROVE the application, as per the Officer’s recommendation.

(Councillor Mrs Bligh registered, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that she is a Member of Wisbech St Mary Parish Council, but takes no part in Planning Matters).