B/15/0208
BOSTON BOROUGH COUNCIL
Planning Committee – 24 September 2015
Reference Number:
Application Type:
B/15/0208
Application Expiry Date
Full Planning Permission
Proposal Description
Erection of a facility for the storage, processing and distribution of
agricultural produce (in accordance with revised drawings received 7
September 2015)
M Leggate & Sons Produce Ltd, Main Road, Wrangle, Boston, Lincolnshire
PE22 9BY
At:
For:
20 September 2015
M. Leggate & Sons
Third Party Reps: 5
Author of Report:
Parish:
Ward Name:
Stuart Thomsett
Date of Report:
Wrangle Parish Council
Old Leake and Wrangle
18th September 2015
MAIN RECOMMENDATION: GRANT
1.0
REASON FOR REPORT
1.1
This application is being returned to Committee since, following the Committee resolution to
Grant this application at the meeting on 15 September 2015; officers became aware of the
possibility of complaints about the procedures followed in reaching the decision. In these
circumstances and before the decision notice is released to action the Committee resolution,
the best practice is to return the application to a Committee so that the matter can be
reconsidered. This can protect the Council from any threat of judicial review and although it
introduces delay and uncertainty which is regrettable, it is the best way of protecting the
Council. Previously the application had been ‘called-in’ at the request of Councillor Pierpoint.
1.2
A Committee site visit has been arranged to take place on the morning of the 24 September,
commencing at 10.00am.
1.3
The report that follows is an amended version of the papers that went to Planning Committee
on 15 September 2015.
2.0
APPLICATION AND SITE DESCRIPTION
2.1
The application site comprises an agricultural field and a smaller area of hardstanding currently
used to store agricultural machinery and as an overflow car park. The site extends to 2.39 ha
and is located north of the A52 and the west side of Gowt Bank. On the east side of Gowt Bank
are three residential properties, Haven Lodge and adjacent poultry unit, Anayenesis and
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adjacent workshop / business premises and Danecroft; in addition to the existing agricultural
premises and the farmhouse (Gowt Bank Farm) owned and occupied by the applicants.
2.2
The proposal is to provide an agricultural facility for the storage and distribution of brassicas
sited on the opposite side of Gowt Bank from the applicant’s existing facility. The proposed
building will be constructed from a steel portal frame with a Moorland Green plastic coated
upper part and roof. The lower sections of the external walls are to be light green cold store
panels with exposed dark green painted steel columns. The plans include paved areas, loading
docks, a balancing lake and new access from, and exit onto, Gowt Bank. The orientation of the
building has been proposed to face south to accommodate future solar panel installation.
2.3
The proposed building will cover a total of 3041m² and consists of a main building which
measures 40m x 66m with a ridge height of 9.7m (5.5m to the eaves), a smaller building to the
rear (northern) elevation and 29m² of upper floor storage and refuge area. The proposals also
include external paving areas, loading docks, associated drainage and parking facilities.
2.4
The proposed access is directly opposite a residential property on the corner of Gowt Bank and
the A52, called Danecroft. The proposed exit is located almost directly opposite the existing
access to the applicant’s yard and provides culverted access over the drain to the existing area
of hardstanding currently used to store agricultural equipment and machinery on this west side
of Gowt Bank. The proposed exit is 50m south of Haven Lodge and 60m north of Anayenesis
(referred to as “Ardmay House” on Ordnance Survey plans).
2.5
The proposed facility would result in an increase in the number of employees and traffic
movements. Full time staff would increase from 40 to 60 (+20) and part time staff from 5 to 10
(+5). Whilst current levels of traffic movements were not submitted, the proposed levels are
estimated to be around 6 no. articulated fridge lorries per day, around 15-20 rigs per day, 20
cars per day and 4 vans per day. There will be an increase in vehicle parking facilities with an
additional 87 spaces created (broken down by the applicant to 75 cars, 5 LGV, 5 motorcycle
and 2 disabled spaces).
2.6
In support of the application it is stated that the applicant, M. Leggate & Sons, has outgrown its
existing facility which is landlocked by three residential properties, two businesses and the
highway network which prevents expansion on the existing site. Thus, the growth of the
business has been put on hold, restricting investment in plant, machinery and personnel. In
support of the application, it is stated that at present the facilities for storage are limited and
produce has to be transported to cold stores at Leverton, Friskney and Freiston. Since all
produce is grown on land that surrounds the proposed facility, there will be an opportunity to
rationalise traffic movements and reduce such movements by a calculated 1,680 over a 210
day period.
2.7
Following meetings held between officers and the applicant, amendments to the scheme were
discussed. A fourth revision to the plans and an additional supporting statement were submitted
on 7th September.
2.8
The additional planning statement explains that the major day to day operations will be
transferred to the new facility. The cold storage on the existing site will be used to manage
periods of fluctuation in supply and demand.
3.0
PLANNING HISTORY
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3.1
B/10/0294 – Area of hardstanding for agricultural equipment – approved.
3.2
Save for this area of hardstanding, in terms of planning history, the application site has been an
agricultural field.
3.3
This application was supported by the Planning Committee at its earlier meeting on 15
September 2015.
4.0
PLANNING POLICY BACKGROUND
4.1
The development plan consists of the saved policies of the Boston Borough Local Plan
(Adopted 1999). The site is outside the Wrangle Development Boundary as defined in the Local
Plan.
4.2
The saved Local Plan policies of relevance to this application are as follows:
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Policy G1 – Amenity (This policy seeks to resist development that will substantially harm the
amenity of nearby residents or the general character of the area).
Policy G3 - Surface and Foul Water Disposal (This policy seeks to resist developments that
do not provide satisfactory drainage provision).
Policy G6 – Vehicular and Pedestrian Access (This policy seeks to resist development
where the proposed means of pedestrian and vehicular access are unsatisfactory).
Policy ED9 – Expansion of existing firms (This policy seeks to resist an extension or
redevelopment of existing industrial or commercial enterprises that will cause
unacceptable environmental amenity, traffic, or parking problems, or aggravate existing
problems).
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Policy CO1- Development in the Countryside. (This is essentially an exceptions policy
which only permits development in the open countryside if it is supported by other local plan
polices.)
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Policy C09 – Agricultural buildings (This policy allows new agricultural buildings subject to
conditions relating to siting, design, traffic generation, impact on amenity, landscaping and
drainage
National Planning Policy Framework (2012)
4.3
At the heart of the National Planning Policy Framework is a presumption in favour of
sustainable development. For decision taking, this means approving development proposals
that accord with the development plan without delay. The core planning principles in the NPPF
indicates that, amongst other things, planning should:
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proactively drive and support sustainable economic development…;
always seek to secure high quality design and a good standard of amenity for all existing
and future occupants of land and buildings;
contribute to conserving and enhancing the natural environment and reducing pollution
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4.4
actively manage patterns of growth and make the fullest possible use of public transport,
walking and cycling, and focus significant development in locations which are or can be
made sustainable.
support existing business sectors, taking into account whether they are expanding or
contracting and, where possible, identify and plan for emerging sectors likely to locate in
their area
The following paragraphs of the Framework are relevant to this application:
28. Planning policies should support economic growth in rural areas in order to create jobs and
prosperity by taking a positive approach to sustainable new development. To promote a strong
rural economy, local and neighbourhood plans should:
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support the sustainable growth and expansion of all types of business and enterprise in
rural areas, both through conversion of existing buildings and well designed new buildings;
promote the development and diversification of agricultural and other land-based rural
businesses;
support sustainable rural tourism and leisure developments that benefit businesses in rural
areas, communities and visitors, and which respect the character of the countryside. This
should include supporting the provision and expansion of tourist and visitor facilities in
appropriate locations where identified needs are not met by existing facilities in rural service
centres; and
promote the retention and development of local services and community facilities in
villages, such as local shops, meeting places, sports venues, cultural buildings, public
houses and places of worship.
96. In determining planning applications, local planning authorities should expect new
development to:
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comply with adopted Local Plan policies on local requirements for decentralised energy
supply unless it can be demonstrated by the applicant, having regard to the type of
development involved and its design, that this is not feasible or viable; and
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take account of landform, layout, building orientation, massing and landscaping to minimise
energy consumption.
98. When determining planning applications, local planning authorities should:
5.0
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not require 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 gas emissions; and
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approve the application if its impacts are (or can be made) acceptable. Once suitable areas
for renewable and low carbon energy have been identified in plans, local planning
authorities should also expect subsequent applications for commercial scale projects
outside these areas to demonstrate that the proposed location meets the criteria used in
identifying suitable areas.
REPRESENTATIONS
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5.1
Five objections were received from the occupants of Haven Lodge, Anayenesis and Danecroft
(all on Gowt Bank) and The Cottage (Seadyke Lane). They may be summarised as:
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Proposed entrance is directly opposite our house and after turning off the A52 trucks will
stop outside our property. The existing traffic is perilous enough and a tractor and trailer has
already burst through our hedge and further accidents will happen. My family already find it
dangerous to step outside our driveway but in the future it will be just too dangerous. A
great number of vehicles indicating, braking and turning outside our house will impact
greatly upon our amenity and will result in our children being woken every night
The proposed entrance and exit must be re-positioned at least 100 metres away from the
nearest residential property
T & B Container lorries already come straight off the A52 at full speed and the proposed
development will only increase the risk of accidents
Detrimental impact upon, wildlife (foxes, badgers, rabbits and owls), character of the
countryside, public footpath
Significant impact in terms of privacy reduction, immense visual impact
Noise impact due to the number of HGVs and employees in and out all times of the day and
night. Whilst the existing premises generates noise, due to the distance, it does not directly
affect us. The proposed operation will be very different and is likely to be 24 hours a day
The proposed large structure will dominant and will be incompatible in this rural area
The proposed facility will result in a significant increase in noise levels affecting the eastern
(front) elevation of my property where my young child sleeps. The existing facility is to the
northern elevation and whilst it produces noise, it will be much greater in this location
The increase in staff will increase the amount of noise by virtue of travelling to the facility
Due to the narrowness of Gowt Bank, it is impossible for two large vehicles to pass which
will result in congestion and traffic backing up on the A52
The angle of the proposed entrance is very sharp and it will not be long before there is a
crash or someone drives into the dyke. During the winter, Gowt Bank is not gritted and
becomes like an ice rink during bad weather
The proposed lighting scheme is not specific and is likely to have a significant impact upon
our house
The proposal is to build on predominantly greenfield land. The applicant has stated that
relocation to another site is not economically viable but rather than put up a building in the
countryside that will be left to ruin in 20 years, the search for another more suitable site
should continue
Proposed facility will have a detrimental impact upon our cattery business on Seadyke Lane
We can already hear activity from The Cucina Sano factory which is 1.2 miles from our
house whereas the proposed factory is only 0.35 miles away
The facility will not increase local employment, it will simply result in the number of workers
travelling from outside the area
The risk of flooding will be increased by such a large complex
There are alternative available sites in Butterwick and Leverton
The proposed development is contrary to policies contained in the Adopted Local Plan
The proposed use of the site will have a negative impact on the countryside and significantly
harm the amenities of nearby land users. The increased traffic movements will result in
unacceptable noise, dust, smell, etc
The proposal will impact upon the public footpath
It is unclear from the application whether the impact upon the Wrangle Conservation Area
has been adequately assessed
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Additional traffic on a minor road is unsatisfactory. The road is in a poor state of repair and
has no passing place and the proposed access is situated on a blind bend
There is no reference to visibility splays at the site entrance or compliance with national
guidance and best practice on road and access design
Inadequate reference to pedestrian safety particularly as the road is unlit and does not have
a footpath
Development is too large and not in keeping with Wrangle
It would should be located deeper into the countryside away from the village and its
residents
Noise nuisance caused by lorries parked on the roadside with engines running. This must
stop now, never mind increasing the activity!
Has the impact of the facility upon mobile phone signals been assessed? At nearly 30 ft
height, the metal structures will absorb the cellular radio signals effectively cutting off the
whole village
How can an increased vehicle flow move out of Gowt Bank left or right onto the A52?
A 20 MPH traffic calming measure is needed along this section of Gowt Bank
The proposed development is contrary to Local Plan Policy CO9 as it will harm the
amenities of local residents because of its nature, scale, density, layout, appearance and
level of traffic generation
Negative impact upon health as a result of the increased pollution in addition to the
increased pressure on the doctors surgery
The proposed vehicular entrance to the site will present significant danger to our workshops
on Gowt Bank and suggest the entrance is moved much further north to protect existing
properties
The proposed lake could upset the present ecological balance and risk the spread of
disease from mosquitoes
There should be a barrier surrounding the lake
6.0
RELEVANT CONSULTATIONS
6.1
The County Highway Authority had no objections to earlier layouts in terms of highway safety
and as the Lead Local Flood Authority: ‘Whilst acknowledging the access arrangements shown on the final revised drawing 1530/3H
have been dictated by the Applicants' vehicle movement requirements within the site, the
impact the vehicle movement generated by the proposed development would have on Gowt
Bank would, never the less, be considerably reduced if the egress from the site were to be
combined with the proposed access.However, having given due regard to the appropriate local
and national planning policy guidance (in particular the National Planning Policy Framework),
Lincolnshire County Council (as Highway Authority and Lead Local Flood Authority) has
concluded that the proposed development is acceptable. Accordingly, Lincolnshire County
Council (as Highway Authority and Lead Local Flood Authority) does not wish to object to this
planning application.’
6.2
Boston Borough Council’s Environmental Health Department is unable to support the submitted
application. In referring to previous concerns and a meeting held in June 2015 to seek to find
solutions it was suggested that the previously revised plans included very limited changes to the
overall scheme specifically it is stated that:
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‘There is very limited change to the design. The location of buildings has moved 10m (later
increased to 20m) west and 5m south the applicant again stating that any further movement
would cause operational difficulties. The 4m high bunding has been extended around from the
northern boundary on to the eastern side but this does not extend far enough to screen the
most vulnerable property Haven Cottage (Lodge) from vehicular movement in and out the
docking bay. It does not extend along the eastern side of the site.
Whilst I appreciate the applicant has indicated operating hours 6.30am – 6.30pm Monday –
Friday & 6.30am – 2.30pm at weekends I am still of the view that this proposal remains likely to
significantly impact on residential amenity.
I have seen a number of similar farming type business set up and develop over the years and
most seek to expand their businesses and often because of customer demands wish to extend
their operating hours. Such expansion at this site is likely impact on the amenity of residents still
further.
EH cannot support this application.’
6.3
In respect of the most recent revisions (dated 7 September 2015), the Highway Authority
continues to opine that the layout is not the best but overall the scheme is more than adequate.
Environmental Health colleagues believe that the amendment has made little improvement, and
although it is incrementally getting better, they would prefer to see the building reorientated and
they are unable to support the application.
6.4
Wrangle Parish Council wished to raise no objections on the earlier layout but reported that a
number of residents who live on Gowt Bank attended the Parish Council meeting to voice their
objections and concerns. The Parish Council wished for the impact on the highway network to
be considered and whether improvements can be made to the highways surrounding the facility
and proposed exit.
6.5
Witham Fourth District Internal Drainage Board submitted comments pertaining to the byelaw
distance to the watercourse, required consent to discharge surface and treated water, culverting
the watercourse and the proposed new vehicular access.
6.6
The Environment Agency does not wish to object to the application subject to the mitigation
measures proposed in the Flood Risk Assessment being conditioned.
6.7
Boston Borough Council’s Consultant Archaeologist requested that a watching brief condition is
attached in the event that permission is granted based upon the extent and type of remains
recorded in the close vicinity.
7.0
PLANNING ISSUES AND DISCUSSION
7.1
The main planning issues in the determination of this application are:
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Interpretation of planning policy
Layout, design and appearance
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Impact on highway safety
Impact on residential amenity
Flood risk and surface water drainage
Policy interpretation
7.2
The NPPF (2012) and Local Plan policies ED9 and C09 in particular, collectively seek to
encourage employment opportunities and to underpin the rural economy, subject to certain
conditions being met. Local Plan Policy C01 seeks to resist new development in the countryside
unless the development is supported by other specific Local Plan policies. The proposed facility
for the storage, processing and distribution of agricultural produce is considered to generally
accord with the general thrust of policies G1, ED9 and C09 subject to the issues detailed below.
Layout, design and appearance
7.3
In terms of mass and scale of the buildings, the proposed facility has a floor area to cope with
the tonnage of vegetables on the applicant’s holding. The height of the building (9.7m to the
ridge) is required for pallet storage and for loading and unloading dock doors. The dimensions
of the proposed building are therefore required to facilitate agricultural processing at this scale.
7.4
Similarly, the proposed materials are commonplace across the Borough and green coloured
panels and painted steels have been selected in an attempt to assimilate with the rural locality
in that they are typical agricultural processing facility buildings and are an acceptable design.
7.5
There were two areas of greatest concern, the impact of the development upon the amenities of
residential properties neighbouring the site; and the impact upon the highway network, namely
Gowt Bank and the A52.
7.6
The applicant has been invited to consider the following measures: 
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relocating the facility considerably further to the west and away from the properties on Gowt
Bank
reorientate the building through 90 degrees in order that the majority of activity (deliveries,
loading and unloading) can be shielded from the nearby properties by the building itself
increase the bunding particularly to the eastern boundary
a combined access and egress at the same location would reduce the impact that the
proposed facility would have on Gowt Bank.
7.7
The applicant has explained why only certain amendments could be made due to operational
requirements. The amended planning statement confirmed that any further relocation above the
further proposed 20m would leave little room for important manoeuvring of vehicles around the
rig unloading and goods unloading areas. Furthermore, the building had to be orientated so that
the main roof plane faced south to enable future solar powered renewable energy generation.
7.8
The amended plan does show increased provision of bunding to both the northern/north east
corner of the site and to the eastern boundary adjacent to Gowt Bank referred to by
Environmental Health. The proposed bunding would reduce the impact of noise from the facility.
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7.9
As can be seen from the earlier Environmental Health response at paras 6.2 and 6.3 of this
report, despite amendments being made to the scheme, the amendments and mitigation
measures proposed by the applicant remain insufficient to remove concerns that Environmental
Health had regarding the likely significant impact the proposed facility would likely have on the
nearby residential properties.
Impact on highway safety
7.10
The access to the proposed facility is opposite Danecroft and the proposed exit is north of
Anayenesis and opposite the applicant’s existing yard. With regards to these two residential
properties, this arrangement would result in a 100% increase in traffic movements as the
current traffic accesses the A52 directly from the applicant’s existing yard rather than via a
return journey along Gowt Bank past Anayenesis and Danecroft i.e. ‘one way’ to ‘two way’
traffic movements.
7.11
The proposed access, and to a lesser extent, exit will have an impact upon the three residential
properties and two business on this section of Gowt Bank and Danecroft in particular. It must,
however, be accepted that many of the issues highlighted result from the existing agricultural
facility and considerably more by traffic not associated with the applicant’s business using the
adjacent highway and the proposed facility is unlikely to significantly exacerbate these issues.
7.12
Councillor Pierpoint questioned why the existing yard could not be used as a road for the traffic
exiting the proposed facility. That way, vehicles could exit the proposed facility; traverse directly
over Gowt Bank and through the existing yard and onto the A52 in the same way as the existing
traffic flow.
7.13
This suggested route was put to the applicant. However, in the event that this application is
approved, whilst the precise future use of the existing site has not yet been determined, the
applicant does not wish to compromise that site so heavily by effectively having a roadway
through the centre of the site. Moreover, were vehicles to traverse Gowt Bank, this proposed
route would in itself be injurious to traffic using the road.
7.14
In the event that Members wish to approve this application, it should be on the basis that the
traffic using the proposed facility shall exit onto Gowt Bank only and not use the existing yard
since this would raise serious health and safety and operational issues for the applicant to
enforce. A condition is recommended to reflect this.
7.15
A number of further concerns relating to the impact upon highways, accesses, past incidents,
likely bottlenecks, narrowness and inadequacy of Gowt Bank, the speed of vehicles using Gowt
Bank, parking areas on Gowt Bank, the impact of traffic upon buildings on Gowt Bank have
been raised by local residents and Wrangle Parish Council. However, the estimated levels of
traffic movements are considered to be very moderate and unlikely to have a significant impact
upon the local highway network as a whole (i.e. not just Gowt Bank) and not substantially
greater than the existing operation. Furthermore, the reduction in journeys to other sites will
reduce the impact of the business on the wider highway network.
7.16
The County Highways Authority does not wish to raise any objections to the application as
although the impact upon the adjacent highway could be reduced through a revised layout and
access / egress, the application must be determined based on the plans submitted. Having
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regard to local and national planning guidance, it was concluded that in highways terms, the
proposed development is acceptable.
Impact on residential amenity
7.17
The application forms state that the applicant wishes to operate the facility between the hours of
6.30am and 6pm Monday to Friday, 6.30am – 2pm at weekends and bank holidays.
Representations received would suggest that there has been activity on the existing site outside
of these hours, and that it must be considered likely that companies which the applicant
supplies are likely to make demands in the future which result in the facility operating outside of
these hours. However, neither issue is relevant to the current application which must be
determined on the basis of the hours of operation stated and offered on the application form.
7.18
It is recommended that Members give considerable weight to representations made, and in
particular by the occupants of the three dwellings, Danecroft, Anayenesis and Haven Lodge.
The proposed agricultural processing facility will have an impact upon the occupants of the
three properties on Gowt Bank but the revisions, your officers believe, will go a significant way
towards seeking to address them.
Danecroft
7.19
This is a two storey house that is located on the southern junction of Gowt Bank and the A52.
Due to its location, the house is already subject to a considerable level of traffic and noise from
both roads and adjacent businesses including the applicant’s existing facility. There is an
appreciable number of vehicle movements at this junction, and many are heavy agricultural
machinery and HGVs as well as other vehicles using Gowt Bank in both directions. The
representations say that these may be at speed but it is material to note that the Gowt Bank
junction is within the 30mph speed limit..
7.20
In terms of highway impact, there are two major differences between how the applicant’s
existing and proposed facilities already do, and are likely to, impact upon this property. Firstly,
the proposed new access is directly opposite the vehicular and pedestrian access to Danecroft.
Whilst it must be accepted that all traffic entering the applicant’s yard or hardstanding area on
the application site to the west side of Gowt Bank already goes past the house, the proposed
access will result in all traffic using the proposed facility braking and turning at this point.
Secondly, this arrangement would result in a 100% increase in traffic movements as the current
traffic accesses the A52 directly from the applicant’s existing yard rather than via a return
journey along Gowt Bank past Anayenesis and Danecroft.
7.21
In terms of residential amenity, the proposed facility directly opposite the principal elevation of
Danecroft will have a greater impact than the existing facility which is located to the side and
rear of this property. The processing element of the proposed facility is likely to be quieter than
existing. However, although the proposed main building is located 140m from the front corner of
Danecroft, the proposed business premises will be within 15m of the front of the house.
Moreover, the facility will result in an increase in productivity and vehicle movements.
Anayenesis (referred to as Ardmay House on OS Maps)
7.22
Other than Gowt Bank Farm which is under the ownership of the applicant, the middle of the
three residential properties situated on Gowt Bank is a two storey house, Anayenesis. This
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house is located in front of, and adjacent to, the existing business premises and to the rear of
three workshops which are also owned by the occupants of Anayenesis. The orientation of the
house results in the rear elevation facing north towards the existing premises and the rear and
side elevations face west and north-west towards the proposed facility.
7.23
Whilst the proposed facility will impact upon the residential amenity of this property, it is not
considered to be significantly greater than the impact of the existing facility. The proposed main
building is further away from Anayenesis than the existing and the hardstanding compound
used for parking already exists. However, the proposed exit onto Gowt Bank will effectively
result in a 100% increase in traffic on this area of Gowt Bank which will have a considerable
impact upon the house and workshops (including the forecourt immediately adjacent to the
highway).
7.24
The adjacent three workshops are located within one building and forecourt located between
Anayenesis and Gowt Bank. The objections raise several concerns regarding the likely impact
of the proposed facility on these business premises. Notwithstanding the increase in traffic
using a short section of Gowt Bank, it is not considered that these issues will be greatly
exacerbated by the proposed facility. Therefore, existing highways issues, unless materially
affected, should not form part of considerations in the determination of this application.
Haven Lodge
7.25
Haven Lodge is a bungalow to the north of the existing business premises beyond a large
poultry unit owned and operated by the occupant. The very well-screened poultry unit reduces
the impact that the existing agricultural facility would otherwise have upon residential amenity. It
is considered that the proposed facility is unlikely to have a significant impact upon the adjacent
poultry unit.
7.26
The earth bund surrounding the perimeter of the existing hardstanding compound used for
parking is 60m from the nearest corner of the bungalow whereas the northern boundary of the
proposed site and 4m high and 10m wide earth bund will be located only 35m and directly
opposite the same point. The proposed main building is located 95m from the front of the
property whereas the main building of the existing facility is located 135m from the nearest
corner of the bungalow and more importantly has high hedging and a large poultry unit in
between which creates a substantial buffer.
7.27
Objections were raised to the original plan regarding the proximity of the exit and facility to this
property. Following discussions with the applicant, amended plans were submitted which show
extended bunding and the exit relocated further south and thus further away from Haven Lodge.
The revisions now received have sought to address these specific issues.
Other residential properties in the area
7.28
Whilst the proposed facility will be visible from properties on Seadyke Lane, Lockhamgate and
further along Gowt Bank, an appreciable separation distance will remain. Consequently, it is not
considered likely to have a significantly detrimental impact upon the amenities of residential
properties other than the three that are in close proximity on Gowt Bank. Similarly, it is not
considered that the proposed facility will have a significant impact upon the cattery at The
Cottage, Seadyke Lane, Old Leake.
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Other issues
7.29
Several suggestions regarding the use of alternative available sites within a 5km radius of the
existing site have been made. Whilst evidenced justification as to why the complete relocation
of the existing business to an alternative agricultural processing facility has not been submitted
as part of this application, it must be accepted that this is clearly not a viable solution for a
medium size family business that owns and farms the fields in close proximity to its existing site
in Wrangle. It has also been suggested that the applicants make offers to purchase the adjacent
residential properties and businesses. Whilst this prospect would undoubtedly resolve some of
the primary issues in the determination of this application, this is not a material planning
consideration.
Flood risk and surface water drainage
7.30
The site is located within a ‘no risk / danger for some flood risk zone with low probability of tidal
or fluvial flooding as identified within this Council’s Strategic Flood Risk Assessment. It is
proposed to discharge surface water via gullies, drainage channels, a by-pass interceptor and
balancing lake to the existing IDB drains on site which has capacity to accommodate this
development. The Environment Agency has no objections subject to the development being
constructed in accordance with the submitted Flood Risk Assessment. Lincolnshire County
Council as the Lead Local Flood Authority does not wish to raise any objections.
7.31
It has been suggested that the proposed balancing lake represents a danger to members of the
public using the public footpath located near the southern boundary of the site. The proposed
balancing lake is considered to represent no greater danger than the existing drain and it is on
private land. Lifebuoys will be located near to the lake. As the Lead Local Flood Authority,
Lincolnshire County Council would not seek the proposed fencing to be conditioned. However,
in the event that members wish to approve this application, such a condition could be imposed.
8.0
CONCLUSION
8.1
This application is for an expansion to the existing farm complex located near the junction of the
A52 and Gowt Bank, Wrangle. Save for a relatively small area of hardstanding, the application
site currently comprises open arable land. The size and height of the proposed facility are
required to store and process fresh produce and whilst materials have been selected in an
attempt to assimilate within its rural setting, the proposed facility and activity will still be visible
and alter the appearance of this rural area.
8.2
The proposed facility will rationalise the existing business and reduce the movement of lorries to
other locations currently used to store produce which would outweigh the increase in traffic
movements to this site. It is therefore considered that the development is sustainable and will
not be injurious to highway safety. The County Highways Authority does not wish to raise any
objections to this application despite considerations that the access and egress to the facility
could be further improved.
8.3
The proposed facility will still have an impact upon the amenities of all three properties located
on Gowt Bank. The building and associated yard will be highly visible within the landscape
directly opposite these properties and the proposed access near the junction will have an
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impact upon Danecroft in particular. Your officers, the County Highways Authority and the
Council’s Environmental Health Department have conducted negotiations with the applicant in
an attempt to arrive at a solution that is likely to be less harmful to the amenities of nearby
residential properties. In response to initial consultation responses, amendments were made to
the scheme but due to the functions of the business, the necessary wholesale alterations to the
layout could not be achieved. The Environmental Health Officer does not feel the application
can be supported in its current form.
8.4
Clearly, the business may continue to operate from its existing yard located immediately
adjacent to these residential properties. The proposed new facility will use new equipment and
processes which will be quieter than the existing business albeit located on land classified as
open countryside. The applicant has moved the facility 20m further west from the location
initially proposed and further measures, on at least three occasions have been negotiated in an
attempt to reduce the impact of the facility upon the nearby residents.
8.5
This is a finely balanced planning decision. In the determination of this application, Members
must consider whether the expansion of a prominent local business and the economic
development benefits to the rural economy that will follow should outweigh the impact that the
proposed development will have upon the amenities of the residential properties and business
premises in close proximity to the site. Much of that impact has been successively reduced by
negotiation and the applicants are now at a point that they are seeking a decision in order that
commercial and funding decisions can be taken. It is understood that the offer of grant
assistance from other sources might be reliant upon a timely determination of this application.
Whilst how the development is funded is unlikely to be material, it is right nevertheless that a
decision is reached on this application as soon as reasonably practicable.
8.6
The requirement in the NPPF to give considerable weight to support economic growth has to be
balanced against the more localised effects upon a limited number of properties; effects which
the applicants and officers have been seeking to consistently reduce and address. It is
recommended that the retention of a local family business which has a long history in Wrangle
and in the light of the revisions achieved point to the development being in accordance with the
development plan. Particularly it can accord with Policy ED9 and the objectives of the NPPF
(2012) which collectively seek to encourage the expansion of existing firms in order to underpin
the rural economy.
8.7
The recommended conditions reflect the Committee deliberations on the 15 September.
9.0
RECOMMENDATION
9.1
GRANT Planning Permission subject to the following condition(s) and reason:-
1.
The development hereby permitted shall be begun before the expiration of three years from the
date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act
1990.
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2.
The development hereby permitted shall be carried out in strict accordance with the application
forms and the following drawings:
Site Plan (1c/4) drwg no. 1530/3J received 7 September 2015
Proposed layout and section (2/4) drwg no. 1530/1B received 2nd June 2015
Proposed elevations (3/4) drwg no. 1530/2A received 2nd June 2015
Topographical Survey (4/4) by Daniel Charles Surveys Ltd (4/4) drwg no. 15-73-02
The Design and Access Statement incorporating Justification Statement dated May 2015 and
the Amended Planning Statement received 30th July 2015 prepared by D.W. Bradley Chartered
Surveyor
The Flood Risk Assessment and Drainage Strategy Version 1 May 2015 prepared by RM
Associates
Reason: To ensure the development is undertaken in accordance with the approved details and
to accord with Adopted Local Plan Policy G1.
3.
No refrigerated or chilled vehicles shall be parked at the site with its refrigerated or chilling
equipment running unless connected to and operating from a fixed electrical hook up point.
Reason: To protect the occupants of nearby residential dwellings from excessive levels of noise
and in accordance with Adopted Local Plan Policy G1.
4.
The sound level from fixed plant and machinery at the premises shall not exceed a
LAeq(1hr)45dB(A) between the hours of 7.00am and 9.00pm and LAeq(15min)40dB(A)
between the hours of 9.00pm and 7.00am as measured 1metre from the façade of any
residential property in existence at the time of this consent. The sound levels shall be measured
in accordance with the main procedural requirements BS 4142:2014 - Method of rating and
assessing industrial and commercial sound.
Reason: To protect the occupants of nearby residential dwellings from excessive levels of noise
and in accordance with Adopted Local Plan Policy G1.
5.
Working operations in connection with the agricultural facility hereby approved shall only take
place at the premises between the hours of 6.30am to 6.00 pm Monday to Friday, 6.30am to
2.00pm at weekends and Bank Holidays.
Reason: To protect the amenities of the occupants of neighbouring residential properties and in
accordance with Adopted Local Plan Policy G1.
6.
The applicant shall arrange for an archaeologist recognised by the local planning authority to carry
out an archaeological watching brief during all stages of the development involving ground
disturbance in accordance with a scheme to be submitted to, and approved by that authority
before development is commenced. Such arrangements shall include provision for the
observation, recording and recovery of artefactual evidence and post-excavation analysis.
Fourteen days notice shall be given to the district planning authority prior to the commencement of
works. A report of the archaeologists findings shall be submitted to the local planning authority
within two months of the last day of the watching brief, or such longer period as may be agreed by
the authority, and shall include arrangements for the conservation and long term storage of
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artefacts removed from the site.
Reason: In order to ensure that satisfactory arrangements are made for the investigation retrieval
and recording of any possible archaeological remains on the site and to accord with the National
Planning Policy Framework (2012).
7.
Details of the locations, specification, method and hours of operation of all and any external flood
or security lighting shall be submitted to and approved by the local planning authority prior to any
installations.
Reason: To protect the amenities of the occupants of neighbouring residential properties and in
accordance with Adopted Local Plan Policy G1.
8.
The movement of vehicles through the site using a dedicated access and a dedicated egress
shall operate only in accordance with approved Drawing No. (1c/4) 1530/3J received on 7
September 2015.
Reason: In accordance with the details of the application, in the interests of highway safety and
to protect the amenities of the occupants of neighbouring residential properties and in
accordance with Adopted Local Plan Policy G1.
9.
No development shall take place until full details of landscaping works have been submitted to
and approved in writing by the Local Planning Authority. These details shall comprise a detailed
specification of planting, hedging, bunding and areas of hardstanding. The specification shall
include details of species of plants, plant size/age, density of planting, method of planting
including details of ground preparation in addition to confirming the felling and removal of the
group of Willow trees located on Gowt Bank in close proximity to the proposed “goods out” / exit
as identified on Drawing No. (1c/4) 1530/3J received on 7 September 2015.
Reason: In the interests of visual amenity and in accordance with Section 197 of the 1990 Act
which requires Local Planning Authorities to ensure, where appropriate, adequate provision is
made for the preservation or planting of trees, and to ensure that the approved scheme is
implemented satisfactorily and accords with the aims and objectives of saved Adopted Local
Plan Policiees CO1 and G1.
10.
All landscape works shall be carried out in accordance with the approved details during the next
available planting season following the implementation of the use or completion of development
whichever is the sooner. Any trees or plants which within a period of 5 years from the date of
planting die, are removed or become seriously damaged or diseased shall be replaced in the
first available planting season with others of similar size species or quality.
Reason: In the interests of visual amenity and in accordance with Section 197 of the 1990 Act
which requires Local Planning Authorities to ensure, where appropriate, adequate provision is
made for the preservation or planting of trees, and to ensure that the approved scheme is
implemented satisfactorily. The condition accords with saved Adopted Local Plan Policies CO1
and G1.
11.
No development shall take place until full details of the design specification of the “goods in” /
access as identified on Drawing No. (1c/4) 1530/3J received on 7 September 2015 have been
submitted to and approved in writing by the Local Planning Authority.
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Reason: The applicant must be able to demonstrate that the safe flow and management of
traffic entering the facilty can be achieved before the development can commence in the
interests of highway safety and to protect the amenities of the occupants of neighbouring
residential properties and in accordance with Adopted Local Plan Policy G1.
In determining this application the authority has taken account of the guidance in paras 186 –
187 of the NPPF (2012) in order to seek to secure sustainable development that improves
the economic, social and environmental conditions of the Borough.
Paul Edwards
Development Control Manager
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