Agenda item

To vary conditions 1 and 3 of planning permission (E)N59/2259/14 - To extend the end date for the completion of the development by 3 years and to amend approved drawings so as to allow the retention of security and welfare cabins during the production testing phase at Land off High Street, Biscathorpe, Louth - Barton Willmore - N/059/00531/18

Minutes:

(Note: Councillor A H Turner MBE left the meeting.

 

Only those members of the Committee who had attended the site visit on 9 May 2018 were able to debate and vote thereon)

 

Since the despatch of the report further responses to consultation had been received and were detailed in the update sent to the Committee and placed on the Council's website. In a addition a further condition was proposed as follows:-

 

Notwithstanding the details contained within 'The Construction Traffic Management Plan' approved in condition 12 above, the signage illustrated in Drawing No. 3299(2) PO5 Rev A – 'Site Entrance Detail & Sightlines' shall be erected and shall be retained and maintained for the duration of the development.

 

Reason: In the interests of the safety of users of the public highway and the safety of users of the site.

 

Officers stated that since the update had been circulated the following additional responses to consultation had been received:-

 

·    72 representations had been received but these did not raise any other issues that were not already captured in the Committee report or update.

·    A petition with 115 signatures had been received.

·    A petition with 206 signatures had been received on the morning of the meeting giving reasons for refusal, amongst others, as contamination of the River Bain, the upper Bain valley, the effects on tourism and the constant flow of HGVs.

 

Officers stated that the planning application for Biscathorpe was similar to the application submitted for North Kelsey in that it involved a request to extend the permission granted in 2015. Officers stated that the applicant had implemented the conditions requested in the 2015 permission before the expiry date.

 

Elizabeth Williams, an objector, commented as follows:-

 

·    13 more objections had been received from the Donnington on Bain area. (These were handed over to the Planning Officer at the meeting).

·    The effects of pollution from the application site on the River Bain.

·    The danger posed by fast moving traffic on the B1225 on the site entrance/exit.

·    The applicant had commenced work on the site after the 2015 permission had expired.

·    Local people were worried and stressed because they had not been consulted on the application and if the application was more people would suffer stress.

·    There would be 24 hours of flaring of gas which contained poisons.

·    Over 1000 HGV visits to the site.

·    There was a protected chalk stream in close proximity to the site and treated waste would be leaked in to the stream. There was no margin for error as the application site was very close to the stream.

·    The effects of the application on the environment and local people.

·    The applicant had submitted insufficient information.

 

Elizabeth Williams responded to questions from the Committee as follows:-

 

·    She stated that she lived in Lincoln and had lived in Lincolnshire for 50 years.

·    She stated that she did not have a car and used the bus and train.

·    In connection with who she had consulted she stated that she had visited the area and had spoken to local people and had been handed a petition by a local farmer living next to the site.

 

Paul Foster, the applicant, commented as follows:-

 

·    The application had attracted objections locally and from far away.

·    The application site was located in an AONB which had particular protection from certain types of development.

·    Farm buildings were in close proximity to the site and the Belmont communications mast was also close by.

·    The visual impact of the site was not intrusive due to the topography of the site.

·    The noise, light and drilling impact would gradually reduce when the site was operational and there were few residential properties in proximity to the site.

·    There would be a short period of disruption and the site would be returned to its present state following restoration.

·    The application met Government policy and if oil was discovered it would provide taxes, employment and help the balance of payments.

·    The gas would be fed into the National Grid.

·    Only clean water would go into the River Bain.

·    The Environment Agency would monitor the site.

 

Paul Foster responded to a question from the Committee about noise levels and drew attention to the condition in the report about noise limits during the various phases which had been agreed with the Environmental Health Officer at East Lindsey District Council.

 

Officers responded to the comments as follows:-

 

·         The responses received showed that the local community was aware of the application.

·         The necessary works to implement the 2015 permission had been undertaken.

·         The discharge of water in the chalk stream would be monitored by the Environment Agency and measures would be in place to prevent contamination.

 

(Note: Councillor D McNally requested that a note should be made in the minutes that he worked in Donington on Bain and that it was possible that he knew one of the people who had signed the petition.

 

Councillor T R Ashton requested that a note should be made in the minutes that he was Vice-Chairman of East Lindsey District Council's Planning Committee and had had no previous involvement in this application)

 

Comments by the Committee and the responses of officers, where applicable, included:-

 

·         This was a rural and sparsely populated area with few people living in the vicinity of the site.

·         The topography of the area meant that any visual intrusion was limited.

·         The drilling rig would only be erected for a temporary period.

·         This was a busy agricultural area and more diesel fumes would come from this source than from the application site.

·         The access to the application site was from the B1225 which would mean HGVs not using routes through local villages. The B1225 was also a major route to Immingham for oil tankers.

 

Councillor C L Strange was permitted to speak in his capacity as a member of the Wolds AONB Management and Advisory Committee and commented as follows:-

 

·    He was the neighbouring Division Member.

·    He knew the ecology of the area.

·    The village of Donington on Bain was not small by Lincolnshire standards with a population of approximately 700.

·    He had concerns about pollution. The Wolds chalk streams had won a national award and a chalk stream was located in proximity to the application site and noted that the Lincolnshire Wolds Service Manager had requested an Environmental Impact Assessment before work commenced on site.

 

Officers responded to Councillor C L Strange, stating that as set out in the report the Lincolnshire Wolds Service Manager had indicated that an Environmental Impact Assessment should have been submitted with the application. The reasons why this application did not meet the threshold for an Environmental Impact Assessment was explained to him. He had accepted the reasoning. Officers added that all the necessary information had been submitted and assessed.

 

Officers stated that with regard to the chalk streams officers would ensure that there would not be any contamination and that the Environment Agency was satisfied with the arrangements in place.

 

Comments by the Committee and the responses of officers, where applicable, included:-

 

·         The area was sparsely populated and rural in nature.

·         The application site was not visually intrusive.

·         The drilling rig would only be in place for a temporary period.

·         It was noted that this was a busy agricultural area and there would be more diesel coming from this source than from the application site.

·         The access to the application came from the B1225 which would ensure that HGVs would not have to travel through local villages. The B1225 was also a major route to Immingham for oil tankers.

·         The Committee had visited the site entrance and noted that signage would be provided on the B1225 to warn on-coming traffic of the entrance and welcomed the inclusion of a further condition to secure this.

·         Officers stated that it was their understanding that the flaring of gas would only occur in exceptional occasions for safety reasons and it was in the interests of the applicant to capture any gas for the National Grid.

·         This was the second occasion that the Committee had visited the site and nothing had changed since the first application in 2015.

·         The Wolds AONB was a working area.

·         If oil was discovered up to 50 jobs could be created.

·         The environmental effects had been considered.

·         Monitoring of the site by the Environment Agency was welcomed and the noise levels would be monitored.

·         The site visit had been informative.

·         Concern was expressed about the amount of plastic in the vicinity of the site.

·         Officers stated that Donington on Bain Parish Council had not been consulted as they were considered too far away from the site but South Willingham Parish Council had been consulted. Officers added that there was nothing to prevent a member of the public or Parish Council commenting on an application even if they had not been formally consulted as all planning applications could be viewed on the Council's website.

·         Incidents of pollution and fire were heavily punished by the monitoring authorities.

 

On a motion by Councillor T R Ashton, seconded by Councillor P A Skinner, it was –

 

RESOLVED (unanimous)

 

That planning permission be granted subject to the conditions detailed in the report and the additional condition as follows:-

 

16. Notwithstanding the details contained within 'The Construction Traffic Management Plan' approved in condition 12 above, the signage illustrated in Drawing No. 3299(2) PO5 Rev A – 'Site Entrance Detail & Sightlines' shall be erected and shall be retained and maintained for the duration of the development.

 

Reason: In the interests of the safety of users of the public highway and the safety of users of the site.

 

 

 

 

 

 

 

 

 

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