Planning application - PL/0016/25

Request for information - PL/0016/25

References:

A. Lincolnshire County Council planning reference: PL/0016/25

B. Environment Agency submission - AN/2025/136549/01-L02 - dated 20 Jun 25

C. Appendix 1 to Anwick Parish Council submission to Lincolnshire County Council - Review of air quality and odour - Michael Bull and Associates dated 6 Jun 25

1) Please confirm that when the Planning Committee convenes to consider the planning application Reference A, the points raised at References B and C will be fully considered. This is particularly important as the potential for a Judicial Review has been mentioned, as has the applicability of case precedent, referred to as the Tameside Principle has been mentioned.

2) Additionally, please specifically confirm that the obligations placed on planning authorities by the NPPF, as advised at Reference B, repeated below for your ease of reference, will be considered.

Environment Agency response:

Paragraph 198 of the NPPF requires that planning decisions should take into account the likely effects, including cumulative effects, of pollution on health, living conditions and the natural environment in determining whether that new development is appropriate for its location. Policy S14: Renewable Energy of the Central Lincolnshire Local Plan 2023 states that proposals for renewable energy schemes will be acceptable if 'The impacts are acceptable on the amenity of sensitive neighbouring uses (including local residents) by virtue of matters such as noise, dust, odour, shadow flicker, air quality and traffic'.

'We noted in our previous letter that the cumulative impact of odour from the proposed biogas plant site, Moy Park chicken processing site and Anwick WRC need to be considered. We will consider this as part of the permitting process, to inform the mitigation measures required to manage odour within the site. However, planning decisions should also take into account cumulative effects in determining whether or not a new development is appropriate for its location.'

3) Can you confirm that the appropriate information is available and provide the details in a form that meets the requirements of the Town and Country Planning Regulations 2017, established below.

In addition as the environmental impact statement provided to the Planning Authority is extensive and technical it should, but does not appear to, include the requirement established in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 for a summary to be produced that is easily understood by those not having expertise in the field, this may include members of the planning committee. It should be noted that Judicial Precedent, established by the late Lord Chief Justice Lord Denning, known as the man on the Clapham omnibus test, still has effect and will be considered should this matter be referred for Judicial Review.

4) How will this apparent failure be addressed?

1-4. Lincolnshire County Council (LCC) does not respond to individuals with respect to requests for information on pending planning applications, which it is satisfied has been validated in line with the appropriate regulations.

Should you wish to comment on this planning application these must be submitted via our planning register, please see the following link: https://lincolnshire.planning-register.co.uk/Planning/Display?applicationNumber=PL%2F0016%2F25 along with a valid name and full postal address.

Matters which relate to land use considerations are taken into account within officers’ reports and when reaching a decision on the application.