Agenda and minutes

Regulatory Committee - Tuesday 3 August 2021 10.30 am

Venue: Committee Room 2, Shire Hall. View directions

Contact: Helen Barnsley  Democratic Services Officer


No. Item



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The Chair explained to the committee how the meeting’s logistics would work and what could legally be considered.



To receive any apologies from Members of the Committee.

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Apologies were received from:

Councillor Adrian Warwick who was substituted by Councillor Parminder Singh Birdi,

Councillor Justin Kerridge who was substituted by Councillor Yousef Dahmash,

Councillor Dave Humphreys who was substituted by Councillor Pete Gilbert, Councillor Jeff Clarke who was substituted by Councillor Richard Spencer Councillor Jill Simpson-Vince


Disclosures of Pecuniary and Non-Pecuniary Interests

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Councillor Christopher Kettle disclosed that the second application was in his division and he had responded to questions on the application before the meeting.


Minutes of the Previous Meeting pdf icon PDF 214 KB

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The minutes of the previous meeting were accepted as a true and accurate record.


Delegated Decisions pdf icon PDF 95 KB

Members are asked to note the applications dealt with under delegated powers since the last meeting.

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The Committee noted the delegated decisions made by officers since the last meeting, as presented in the report.


Variation of condition 14 of planning permission WDC/17CM003 to revise the time limit by which inert waste disposal operations shall cease to no later than 08 May 2024 and the site shall be restored to no later than 31 December 2024 at Bubbenhall Quarry, Weston Lane, Bubbenhall, CV8 3BN pdf icon PDF 257 KB

Documents in relation to this application can be found via the following link –



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Sally Panayi (Senior Planner) presented the report and provided an overview of the application including its location and nearest buildings.  


·        The site restoration end period was originally extended from 2011 to May 2021 to allow gravel extraction to continue into 2016. 

·        The application proposed an extension of time for the completion of infilling the quarry void from May 2021 to May 2024 and for the completion of restoration from December 2021 to December 2024. 

·        The mineral processing facility to the south of the site (controlled and operated by Smith’s Concrete) has permission to process minerals from Wolston Fields Farm until October 2024. 

·        The whole application site will become agricultural land when restored.  

·        An objection was received from Bubbenhall Parish Council and two local residents. 

·        No objections were received from the Environment Agency (EA), Warwick District Council-Environmental Health, Highways England, or Natural England. 

·        Refusal of the application would result in a need for waste clays and silts to be exported from the site for disposal at an alternative site, which would increase HGV movements out of the site. 


In response to several questions from Councillor Jan Matecki, Sally Panayi stated that the remaining void was reserved to facilitate the disposal of waste from the wash facility at Wolston Farm. The original 1991 permission was varied to extend permission for the extraction of minerals from Bubbenhall until 2016Such extensions are needed to keep up with changing situations in the extraction of minerals and to prevent mineral sites being sterilised.  

Ian Marriott (Delivery Lead Commercial & Regulatory) added that any conditions imposed on planning permissions were subject to the landowner having the right to ask for a variation. Therefore, no condition is permanent/immutable and if the committee wanted applications not to vary then they would need to resort to something like a section106 agreement where there is no right of appeal. A time limit was still meaningful because it required applicants to justify why they need an extension. These developments operate long-term, so circumstances do change.  


In response to Councillor Christopher Kettle, Sally Panayi stated that refusal of the application would mean that waste material from the processing plant would have to be exported for disposal at other sites which would increase HGV movement.  


In response to Councillor Chris Mills, Sally Panayi stated that the void would be left unrestored if the application was refused which would leave the site in an unsafe condition given the nature of the silts and clays. 


In response to Councillor Sarah Feeney, Sally Panayi stated that another planning application would be needed to raise the ground level higher than it was before; the void remaining has capacity for the waste from processing the mineral from Wolston until 2024 to restore to the original ground level. Sally Panayi confirmed that if the application was rejected and work continued beyond December 2021 without another application then there  ...  view the full minutes text for item 3.


Amendment to site layout to increase size of the compost maturation pad – Ufton Hill Landfill Site, Southam Road, Ufton, CV33 9PP pdf icon PDF 708 KB

Documents in relation to this application can be found via the following link –



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Matthew Williams (Senior Planner) presented the report on the IVC (in-vessel compost) facility and provided an overview of the application including its location and nearest residents.  


·        The pad was part of the second stage of IVC 

·        The site had been operating for 10 years and had an additional pad implemented in 2013 

·        The application proposed that the layout of the composting pad be amended to increase the area to 4275 square metres, and include the addition of concrete retaining walls on the site 3.5 metres high 

·        Some weldmesh fencing boundaries of the pad and the relocated welfare facilities, would need some lights to be replaced to cover the 10 eight-metre-high lighting columns  

·        The site size would increase but the waste, commuting vehicles and operating levels will not 

·        Their soil was initially used as soil conditioner to help with site restoration but as the site had been fully restored, they wanted to be able to sell compost offsite 

·        Objections to this application had been received from Ufton Parish Council due to the existing smell and odour. The EA recently visited the site and did not substantiate the complaints. Operational measures on site to try to resolve odour and flies included a bio filter (a big expanse of chipped wood to reduce emissions) and a system of nozzles neutralising the site 

·        The changes would make the facility Pas100 (publicly available specification) industry standard 


In response to Councillor Kettle, Matthew Williams stated that the site was sprayed regularly to reduce the fly issue. The lights needed to be expanded to follow the site expansion.  


In response to Councillor Matecki, Matthew Williams stated that the application was to improve efficiency and the quality of the compost.  


Public Speaking 

Jackie Chapman (Clerk for Ufton Parish Council) spoke against the application and stated that ‘there had been a long history of smells from the site, in 2015 there were 41 complaints against it. The EA were meant to visit the site in 2020, but this was delayed because of Covid-19. Smell complaints had risen over the years and the smell came in wafts and in one evening she swatted 132 flies.’ She continued that they did not have a regular spray and there should be more. Jackie Chapman asked for the committee to support regulation for smell and fly issues.  


Mike Harty (BIFFA Development & Planning Manager) noted that ‘there were no objections from officers from the relevant fields and the only objection received was from Ufton Parish Council. When the EA visited in July 2021, they said that the fly increase was not because of their work, and they found no breaches. Increasing the site would make composting piles smaller which should reduce the smell and make pest control management easier.’   


In response to Councillor Chris Mills, Mike Harty stated that they sprayed the site twice a week. Jackie Chapman added that the smell had existed since the site was set up; she reported the smell to Stratford District Council (SDC) who  ...  view the full minutes text for item 4.


Confidential Minutes

Minutes Containing Confidential or Exempt Information


To consider passing the following resolution:


That members of the public be excluded from the meeting for the items mentioned below on the grounds that their presence would involve the disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

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That members of the public be excluded from the meeting for the items below on the grounds that their presence would involve the disclosure of confidential or exempt information as defined in Paragraph 3, Schedule 12A of the Local Government Act 1972 as amended.


Exempt Minutes of the previous meeting


The exempt minutes of the previous meeting were accepted as a true and accurate record.