Agenda item

The planning application before Members proposed the extraction of approximately 1.15 million tonnes of sand and gravel at East Hall Farm over a ten year period, with subsequent infilling and restoration to agricultural use. The processing of extracted material would take place at Rainham Quarry, with transportation of the material by road.

Rainham Quarry would also be restored, following the extraction of any remaining sand and gravel, to a publicly accessible recreation area in accordance with details previously approved. 

In accordance with the public speaking arrangement the Committee was addressed by an objector with a response by the applicant.

The objector commented that the proposal would have a detrimental effect on Wennington village due to operational noise, dust and road movements by lorries transporting gravel to and from the processing plant. The objector also commented that the proposal was harmful to the Green Belt and visual amenity of the village and could lead to possible traffic accidents due to the many vehicular movements taking place.

In response the applicant confirmed that the application was not connected with existing schemes of a similar nature that were currently in operation in the area and that the proposed works would only commence once the existing operations at Spring Farm had been concluded.

With its agreement, Councillor David Durant addressed the Committee.

Councillor Durant commented that the proposal along with other operations currently taking place in the area would have a cumulative effect on the village of Wennington and affect the amenity of residents. Councillor Durant asked that if the Committee were minded to approve the granting of planning permission that additional conditions be included covering the commencement date of works and the types of waste and soils that could be deposited onto the site.

During the debate members discussed the levels of contributions towards the upkeep of the road infrastructure that had been proposed by the applicant, road signage surrounding the entrance/exit to the site and hours of operation of movements between the site and the processing plant. It was agreed that the Head of Regulatory Services be given authority to negotiate an increased contribution towards the annual contribution towards highways.

It was RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into and completing a Section 106 Legal Agreement pursuant to Sections 106 and 106A of the Town and Country Planning Act 1990 to secure the following:

•           The payment of at least £5,000 per annum (see below), for the duration of the proposed development, towards the cost of maintaining Launders Lane;

•           The dedication of a public right of way on land owned by the applicant, to the east of Rainham Quarry, as depicted on the plan entitled “proposed bridleway route” (received on 17 July 2014), through a Section 25 Agreement under the Highways Act 1980;

•           Adherence to a lorry routing agreement, to be approved in writing by the Mineral Planning Authority prior to commencement, to ensure that heavy goods vehicles associated with the proposed development do not travel through Rainham, Wennington Village, along East Hall Lane with the exception of the approved crossing point between the two extraction areas located either side of East Hall Lane, or along Launders Lane to the north of the Rainham Quarry entrance, at any time;

•           The planning obligations in the agreement dated 16 March 1995 in respect of planning permission P2239.87 as varied by subsequent Deeds of Variation pursuant to Section 106A of the Town and Country Planning Act 1990 dated respectively 22 July 1998, 20 December 2006, and 1 March 2012 (copies of which are annexed to this report at appendix 1), will be repeated in this agreement to the extent that they have not already been discharged at the discretion of the Head of Regulatory Services and will include amongst other obligations the agreement of the Council and the owner/developer to set aside the following planning permissions

            ES/HOR/303A/61, ES/HOR/285/62, L/HOR/728/63, PL/DB15/2143(A)) and L/HOR/428/63 (PL/DB15/2143) without application for compensation under the Town and Country Planning Act 1990;

•              The planning obligation in the agreement dated 1 March 2012 in respect of planning permission P1323.11 (a copy of which is annexed to this report at appendix 2), will be repeated in this agreement to prevent the importation and processing of skip waste at the site;

                        All contribution sums shall include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•           The Council’s reasonable legal fees for completion of the agreement shall be paid prior to the completion of the agreement irrespective of whether or not it is completed;

•           The Council’s planning obligation monitoring fees shall be paid prior to completion of the agreement.

That the Head of Regulatory Services be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report and to include the following amended/ additional conditions and negotiation upwards of planning obligation on highway contribution:

·         Incorporate into condition 38 a requirement for road safety signage.

·         Adjustment of the legal agreement head to require upward of £5,000 pa highway maintenance contribution, the amount to be negotiated by Head of Regulatory Services.

·         Informative encouraging the developer to be vigilant in addressing any highway maintenance issues caused specifically by their operations.

The vote for the resolution to grant planning permission was carried by 10 votes to 0 with 1 abstention.

Councillor Williamson abstained from voting.