Agenda item

To consider an application for the erection of 1 No. freestanding 35 metre high and 2m diameter free standing chimney stack sited to the north of factory at The Real Petfood Company, Unit 2, Royal Welch Avenue Bodelwyddan, Rhyl (copy attached).

An application was submitted for the erection of 1 No. freestanding 35 metre high and 2m diameter free standing chimney stack sited to the North of the factory at The Real Petfood Company, Unit 2 Royal Welch Avenue, Bodelwyddan.

Public Speaker –

Sioned Edwards (Cadnant Planning) (For) – stated the business employs over seventy people and was committed to addressing the concerns of local residents, by providing the best long term solution. The speaker stated The Real Petfood Company wanted to be a good neighbour in the community and had listened to concerns of local residents and companies. Amendments to the original application to address the odour concern had been submitted.

It was stated the main considerations for the proposal were heritage, landscape and visual effects and residential amenity and odour. Additional information had been sought from consultees during the application process and had been included in the application. It was highlighted that the landscape and visual impact would not be significant. No objections had been received from the statutory consultees which had included CADW, Clwyd-Powys Archaeological Trust or the Council’s Landscape Consultant in relation to effects on heritage, landscape and visual impact. In noting that that an existing odour issue arising from the pet food production process was impacting on residential amenity, that the proposal sought to manage this.  The applicant considered the conditions suggested by officers to be acceptable.        

The Chair confirmed a site visit had taken place on the 9^th November 2018.

General Debate – Local Member, Councillor Richard Mainon gave members a brief background to the application. He stated he was present to represent the residents of Bodelwyddan, who had been very dignified and patient throughout the process. Councillor Mainon stated he was pleased to see the addition of the scrubbers and filters to the application. The Town Council had acknowledged and appreciated the application had been amended to address concerns, but had requested assurance on actions if the company was found in breach of conditions if the proposals were approved.   

The Development Manager guided members to the information on the late information sheet in relation to the application. It was highlighted that there were two consenting regimes that apply to the premises - the first being the planning application for the chimney and second the environmental permitting process. The industrial use at the site was long established. In his opinion, the stronger control over activity on the site was the environmental permitting legislation.     

The Public Protection Business Manager explained the issues at the site had been the subject of detailed scrutiny, and in relation to the environmental permit situation, it had been recommended that the erection of a chimney be considered to disperse the emissions. If the chimney was erected with an abatement plant in place, suitable enforcement and controls could be imposed at the site.

Councillor Mark Young asked for clarity on the time frame for undertaking the proposed works, and sought assurance over pursuance of enforcement action if necessary. 

The Public Protection Business Manager confirmed that period for undertaking the project would be included in the permit, and within a workable timescale. The system had the capacity to accommodate increased production.  

Councillor Andrew Thomas sought assurance on how realistic the requirement was to remove the chimney if the factory was to cease operation. The Development Manager suggested the planning condition would add weight to the environmental permitting process and that considered it would be reasonable to enforce removal.

Councillor Gwyneth Kensler raised concerns that elements such as wind can affect the direction of odour and distance it travels. Clarification of the planning use was sought from the Development Manager, who advised that the consultants had specified a chimney height of two and a half times the size of the nearest building would be required to disperse the emissions created. The abatement plant would be in place to treat any high odour- low volume emissions to reduce the concentration of the odour.

Councillor Brian Jones highlighted the importance of engaging with company at the outset if any concerns are raised.  

Proposal – Councillor Tony Thomas proposed the officer recommendation to grant the application, seconded by Councillor Brian Jones.

VOTE:

GRANT – 16

REFUSE – 0

ABSTAIN – 1

RESOLVED that permission be GRANTED in accordance with officer recommendations, together with the additional conditions, as detailed within the report.