Agenda item

To determine the application.

David Rowen presented the report to members.

Members received a presentation, in accordance with the public participation procedure, from Councillor Maureen Davis of Fenland District Council and Wimblington Parish Council. Councillor Mrs Davis stated that that this is yet another application to increase business on what was initially granted as a light industrial estate. She made the point that the continued growth and extended hours which have been granted individually to various businesses on the site are having an overall impact on the residential areas of Eastwood End, Hook Lane, Rhonda Park and Horsemoor.

Councillor Mrs Davis explained that one major concern is the current state of Law Fertilisers present site and the possibility of fertiliser leeching. She referred to the presentation screen and added that the photographs demonstrate that the site is not well kept and causes legitimate public concern that any new development will be maintained to a high standard.

Councillor Mrs Davis added that the location map demonstrates that there are a number of ditches which run adjacent to Mr Law’s properties and the leeching of fertilizer into surface water and into the ditches can prove to be harmful to the ditches, to wildlife and to humans and she made the point that both chemical and organic fertilisers can pollute both surface and groundwater. She stated that the applicant has stated, within the drainage strategy, that there is an existing ditch to the northeast of the site which currently handles all of the water and she questioned whether that statement is acceptable and with the increase in production and storage questioned whether a health impact assessment is required along with an environmental permit for the application when considering the various sites that the applicant now operates from within the industrial estate.

Councillor Mrs Davis stated that the Joint Strategic Needs Assessment for Cambridgeshire contains an evidence review of the built environments impact on health and has distilled the evidence into themes including generic evidence which supports the builds environmental impact on health, communities that support healthy aging and, in her view, relevant themes impacting on health and wellbeing do need to be considered. She expressed the view that proposals which ensure the future resilience of community should take into account any significant impacts on human health and well-being risk of harm to human health or safety, noise and/or vibration levels resulting in disturbance, air quality from odour, fumes, dust, smoke or other sources.

Councillor Mrs Davis stated that the Council’s Local Plan Policy LP2 makes reference to facilitating health and well-being of Fenland residents stating that development proposals should contribute to the Council's goal of Fenland residents achieving the highest attainable standard of health. She added that development proposals should positively contribute to creating a healthy, safe and equitable living environment by creating an environment in which communities can flourish promoting high levels of residential amenity, with Policies LP7 and LP16 referring to delivering and protecting high quality environments across the district and stating that any development should not adversely impact on the amenity of neighbouring users such as noise, light pollution, loss of privacy, loss of light and should identify, manage and mitigate against any existing or proposed risk for sources of noise emissions, pollution contamination, odour and dust, vibration, landfill gas and protect from water body deterioration.

Councillor Mrs Davis stated that considering the various planning policies that protect human health and well-being amenities and the environment, the Law Fertilizers application will increase incrementally an impact in a number of areas. She made the point that the County Council Minerals and Waste Team state that new development should not result in unacceptable amenity issues or adverse impacts to human health for the occupiers or users of such development.

Councillor Mrs Davis explained that the Woodman's Way is a popular walking, cycling and leisure area that many people regularly use, and it runs close to the boundaries, west and east, of the industrial estate and the properties that exist on eastward end of Hook Road, Hook Lane and Rhonda Park, many of which were here way before the development of the industrial estate and these residents will find themselves having to endure and tolerate an increase in air pollution, dust, odour and no doubt an increase in heavy traffic movement. She explained that the design statement says that the surrounding open spaces will be enhanced because the current Brownfield site will no longer look like wasteland but will be organized, smooth and tidy but she feels there is no evidence to support this statement.

Councillor Mrs Davis explained that there is a risk to flooding if the industrial estate is allowed to keep growing and growing and the two dwellings which are located close by have both experienced problems with excessive surface water on their properties and both of their septic tanks consistently feel water back flushing into them from the ditches which is due to the lack of maintenance of the ditches plus the drains getting blocked through debris. She added that one of the residents has had to spend three months out of her home because she could not flush the toilet, have a shower or do any washing.

Councillor Mrs Davis made the point that part of the village’s historic heritage is open spaces that give views out across the landscape and looking like wasteland is not a reason to permit additional development.

Members asked Councillor Mrs Davis the following questions:

·         Councillor Imafidon stated that he finds the images displayed to be quite concerning and when he carried out a site inspection, he also took his own photographs. He explained that even though there had not been any heavy rainfall for some time it was clear to see the standing water at the site and there also appeared to be some damage at the site which concerned him as well. He asked Councillor Mrs Davis to give her opinion on how this proposal will affect neighbouring properties and people who live in the area? Councillor Mrs Davis stated that it is not clear what is actually in the standing water which was seen at the site and whether there is anything which could be leeching into the ditches and in turn effecting the environment.

·         Councillor Imafidon referred to the Loca Plan Policies LP16 and LP17 relating to Community Safety, and he agrees that there is no indication as to what is in the standing water at the site or whether there are any chemicals in the water. Councillor Mrs Davis explained that the colour of the water is concerning.

·         Councillor Connor expressed the view that he agrees that the photos do not display a very good image. He expressed the opinion that the site is badly run and managed and he also has concerns that there may be a leak of fertilizer going into the drainage system as the standing water is not clear. Councillor Connor added that the site requires clearing and tidying and a greater deal of supervision. He asked Councillor Mrs Davis whether she has any further concerns? Councillor Mrs Davis explained that the major concern is that the building will not be kept in good repair, and she worries about the future because these things take time to take effect and she does not think that the effect will become evident for years and years. She added that no site should look like it does regardless of what industry it is.

Members received a presentation, in accordance with the public participation procedure, from Mark Law, the applicant. Mr Law explained that the planning application is to erect a storage building on spare industrial land at the existing site at Eastwood End Industrial Estate. He added that Law Fertilizers started trading in 1988 and operates as a fertilizer blender importing fertilizers into the Port of Wisbech and manufactures bespoke mixes for local farmers either in a granular or a liquid form, the business does not manufacture the individual raw materials such as nitrogen phosphate or potash.

Mr Law explained that he moved to the Eastwood End site in the year 2000 when it was just a stubble field and over the last 24 years, he has evolved the site with multiple uncontested planning applications and appropriate constructions to leave just one piece of undeveloped land at the far end of the site which is the subject of the current application. He made the point that the proposed development will not lead to any difference in the operational activities or increase of traffic flow, with the aim of the building being to store finished goods and raw materials undercover to protect the integrity and quality of the product from the regular wet periods that occur and, therefore, also protecting the environment as all operations and products will then be undercover.

Mr Law made the point that the site is part of a designated industrial area and is hidden from view by the large Fen grain silos to the west and his existing buildings, with other industrial operators to the north and to the east and to the south there is a belt of trees and several hundred acres of farmland which helps screen the site. He stated that it is at the furthest point from the village of Wimblington on Eastwood End Industrial Estate and is out of sight of both the village and local roads.

Mr Law made the point that after over 35 years his company is an experienced fertilizer blender, running a safe and regularly monitored operation with audits having been undertaken within the last few months from the AIC which is the Agricultural Industries Confederation to check the security and quality of operations. He added that visits from the Environment Agency have taken place to check emission controls along with the Health and Safety Executive who have checked the companies Control of Substances Hazardous to Health and MSDS inventories where general fertilizers are declared as non-hazardous as well as industry bodies such as organic certifying organizations all without issue or non-compliance notices.

Mr Law advised the committee that the fertilizers are not flammable, and he explained that if organic granular nitrogen is heated with a blow torch it would only melt rather than burn, with most of the company’s fertilizer materials being inert raw materials which are then used to make the bespoke mixes for local farmers to grow their crops. He advised the committee that he currently employs 10 staff which will increase to 13 with the opening of his soil and plant laboratory early in 2025.

Mr Law referred to the presentation screen and pointed out the building which has been built at significant expense which will make Law Fertilisers the only integrated fertilizer business in the UK which will be able to sample soils and manufacture solutions for the growers. He stated that the site is on an existing industrial area that will not cause any increase in traffic, there will be no change in activity, the proposal will be out of sight to the village, it will be safe and have no negative impact on the environment or the village.

Mr Law stated that one of the photographs displayed during the previous presentation was outside of the application site and the other two were a part of extreme weather patterns that have not impacted where the waters come from the road not from the application site. He confirmed that the whole fertilizer factory is secure from any discharge of any raw materials from inside the factory, with the water being from the road that is a public road within the site.

Members asked Mr Law the following questions:

·         Councillor Hicks asked whether ammonium nitrate is either stored as a raw product or as a finished product on the site? Mr Law confirmed that he does not store this.

·         Councillor Imafidon asked Mr Law to confirm when the laboratory was built? Mr Law stated that it has been built for two years. Councillor Imafidon asked whether it is currently in use as its condition appears to stand out from all of the other buildings that are there? Councillor Imafidon expressed the opinion that the colour of the standing water does not appear to be normal rainwater and there is something else contaminating the rainwater and he asked how long it will take for the new building to look like the ones currently on site? Mr Law stated that the plan is that the proposal will conclude his site and will allow him to have a high-quality enterprise, with the laboratory being transformational for his business. He advised the committee that the business is a family enterprise, and it is his intention to pass the business onto his son who does not like mess, he wants growth for the business and wants to make the business a world-class operation as they deal with products which are Global due to the fact that the business is an innovative fertilizer manufacturer. Mr Law added that the intention is to have an official opening by Lord Dannatt who has undertaken some work for Law Fertilisers with the Government and he has agreed to be at the official opening of the business next year. He added that before that can take place the site would need to be finished and upgraded so not only is it officially open but also his son will then inherit the business.

·         Councillor Imafidon stated that he finds it very commendable and members are all aware that part of the ethos of the Council is that Fenland is Open for Business and likes to support family run small businesses and see small businesses grow but at the same time there is a responsibility to the community to ensure safe practice that businesses are operating in the right manner and do not harm the environment and do not harm people or other businesses which is why he has raised concerns over the current condition. Councillor Imafidon stated that he would hope that Mr Law understands why he is concerned. Mr Law stated that the sheets of materials have come from the inclement weather episodes and the standing water comes off that road and it is contaminated by the soil which is between the road and the outside of that building and that building has concrete sheets to stop anything coming in. He added that at the other side of that wall is machinery and there is no fertilizer, only granulating machinery. Mr Law added that this is part of an important evolution of the business to the next stage and he wants to be a world-class business and he asked the committee to help to support the proposal to enable him to finish the site off.

·         Councillor Imafidon stated that he understands the thoughts and aspirations of Mr Law, however, they have visited other sites and been amazed with regards to the condition and immaculate upkeep of other warehouse sites. He expressed the view that businesses should keep their sites tidy. Mr Law explained that as part of finishing off the site it is his intention to improve the employee satisfaction so everywhere is clean and tidy. He added that it is difficult to keep staff in Fenland and the staff he does have are excellent but are all very busy. Mr Law explained that he does need to have improved employee retention, get his son involved and part of that is making the whole site world class and immaculate at all times which is his goal.

·         Councillor Connor expressed the opinion that the site is not screened enough, referring to the presentation from Councillor Mrs Davis with the photographs displaying how badly the site is maintained. He stated that if the application is approved by the committee is it the intention of Mr Law to move the whole business to the new site? Mr Law explained that the smaller site where the pictures were taken will be totally dedicated to organic regenerative fertilizer as it is the intention to segregate the two different types of fertilizer and the other site will be for laboratory plant services and for conventional fertilizers. He added that there needs to be separate sites for the two different types of farming and he operates the only organic fertilizer factory in in the UK at the moment.

·         Councillor Connor stated that the site is in poor condition with poor fencing, and he asked Mr Law to explain what plans he has to tidy up the existing site? Mr Law provided assurances that within a week the site will be cleared with the steel removed to a scrapyard and then that area re-hardcored. He added that he will include a ditch so that the water from the road does not come onto the site and that area will be re-cladded. Mr Law explained that the rest of the site and inside the site is an efficient and safe site and the business is scrutinized by many organizations who check on the quality of operations and the fact that he has been trading for 35 years says a great deal. He added that he wants to use this opportunity to bring the business to another level especially as it is his legacy and he spent half of his life at Wimblington and has built his business up.

·         Councillor Connor added that it is very commendable and the Council support local business as much as it can but as Councillor Imafidon stated there is also the need to ensure public health and if the application is approved he would welcome the opportunity to come and visit a nice clean site which will include hopefully some sort of drainage in the site such as an interceptor where the rain water from the site can be managed.

·         Councillor Hicks asked that if the improvements to the site can be achieved so easily and quickly why have they not been undertaken previously? Mr Law explained that he did not think that there was a health hazard because the water is contained there, and it is only some steel. He added that the site is not open to the public as it is a private industrial estate but he will look to raise that particular area of land up, create a drain and due to the busy nature of the business that piece of land was not deemed to be a priority.

·         Councillor Hicks asked whether there is a reception area to meet and greet visitors? Mr Law stated that visits from Anglia Farmers have taken place and they have looked around the site. Councillor Hicks added that the overall impression of the site in the current condition would not be pleasing. Mr Law made the point that there has been extreme weather and the buildings do need to be managed so they are more resilient. He added that all of the internal water goes through an interceptor and an underground pipe, so all of its internal drains go outside the new building. Mr Laws explained that all the water from the new building will be harvested and used to manufacture folar fertilizers so there will be no loss of water from the new building to the environment.

Members asked officers the following questions:

·         Council Sennitt Clough stated that the officer’s report details information from the Environmental Health Team which states that the applicant must ensure the fertilisers are stored properly and she questioned whether an Environmental Health Officer (EHO) has visited the site and also is there a condition that can be applied to the application should it be approved which states that procedures are in place and adhered to going forward with regards to the storage of the fertilisers. David Rowen stated that he is unaware whether an EHO visited the site but he added that in terms of the issue that Environmental Health raised about the ongoing management of the site it is really not a planning issue and Mr Law has given an indication that there are numerous other bodies who are responsible for ensuring the ongoing and appropriate management of the site where planning deals with ultimately the general land use of the site. He added that in terms of whether fertilizer is stored in the building, outside the building or in a safe or unsafe manner that would be down to one of the multiple other agencies that have got the remit to deal with that.

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

·         Councillor Imafidon stated that this is an application where consideration needs to be given towards trying to balance the need for business growth in the area and issues of public safety. He made the point that as a business owner himself and also as a resident of Fenland he supports any small business or any business at all in the current economic climate. Councillor Imafidon stated that any business that is brave enough or bold enough to want to expand should be commended and that is extended to Mr Law and his team. He expressed the view that the fact that he is talking about his legacy as well and he wants to pass the business onto the next generation and to create further employment for local people and generate income for the local economy should be supported. Councillor Imafidon added that he does have big concerns that the application will be approved whilst other areas relating to public safety and the safety and security of the site will be overlooked. He made the point that Mr Law has said that he will within a week rectify the condition of the site, however, Councillor Hicks has highlighted the fact about these works could have been undertaken already and the fence in several places at the existing property are mangled and the steel has been blown down and should have been fixed before. Councillor Imafidon added that he all for the expansion of business and for encouraging business in Fenland, but the condition of the site has left some doubt in his mind.

·         Councillor Hicks stated that consideration has to be given to the material planning considerations and, in his view, there are no reasons to go against the officer’s recommendation. He made the point that whilst he agrees that the site may be untidy, that is not a relevant consideration. Councillor Hicks stated that Mr Law has all the right paperwork to suggest that he is running his business from the inside properly, but he does need to ensure that the outside of the building is maintained and kept to an acceptable condition. He stated that he will support the application because there are no material reasons for it to be refused.

·         Councillor Connor stated that committee cannot take the previous operating performance of the site into consideration, and it has to be determined on what is before the committee both in the report and from the discussions at the committee meeting.

·         Councillor Benney stated that he has listened to both the applicant and also to other members of the committee and, in his view, members are putting far too much weight on the actual maintenance of the site. He made the point that there is a planning application to be considered which is about land usage and the application is policy compliant, with an officer recommendation to approve and the untidy nature and unkempt condition of the site is not the concern of the committee. Councillor Benney reiterated that the application is policy compliant and, in his opinion, there are no material planning reasons to turn the application down.

Proposed by Councillor Mrs French, seconded by Councillor Hicks and agreed that the application be GRANTED as per the officer’s recommendation.

(Stephen Turnbull advised members of the committee that the applicant had inadvertently created the impression in an email to the Clerk to Wimblington Parish Council that he has had discussions with Planning Committee members whilst his application was progressing. The applicant has now confirmed that he was referring to discussions with Kings Lynn Borough Council which he has confirmed in writing to Matthew Leigh, which also contains the text of the earlier misleading email from Mr Law to Wimblington Parish Council. Stephen Turnbull advised the committee that for the avoidance of doubt, Mr Law has also confirmed to him that he has had no discussions with Planning Committee members concerning his application)

(Councillors Benney, Mrs French, Hicks, Imafidon and Sennitt Clough declared, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that they do not know the applicant)

(Councillor Connor declared that whilst he does know the applicant, he has had no communication or dealings with him for at least nine years and he is not pre-determined and will approach the application with an open mind)

(Councillor Marks registered that the applicant is known to him via business and took no part in the discussion and voting thereon)