West Sussex County Council have obtained further legal advice, which does not agree with the opinion of the Parishes' QC. As a consequence WSCC have summarised their recommendations as follows;
The principle of development is considered acceptable, given that part of the site is an existing and unrestricted anaerobic digestion plant and taking into account the realistic 2010 baseline scenario, and the potential fallback position for the approved development. The proposals would allow the plant to produce more green energy with better and more efficient technology. A legal agreement would require the operator to relinquish rights to the extant permissions, allowing controls over the site’s operations. The impacts of the proposal on the character and amenity of the area, highway capacity and road safety, and the environment could therefore be controlled and mitigated, which offers an improvement over the current, uncontrolled position on site.
That planning permission be granted subject to: (a) the conditions and informatives in Appendix 1 including informative A advising the applicant to enter into a s278 legal agreement with the Highway Authority in relation to the widening and repair of Foxbridge Lane; and (b) the applicant entering into a s106 legal agreement to control the HGV routing and creation of the permissive path, along with the relinquishment of rights relating to the import and export of material and associated HGV movements allowed by Chichester District Council planning permissions ref. 07/04916/FUL, 07/04917/FUL, 08/02511, 11/02514, and 11/04982.
Our opinion does not agree that 'part of the site is an existing and unrestricted AD plant'
The Agenda for the 3rd March Planning Meeting and the Report by the Director of Residents’ Services and Strategic Planning Manager is accessed via this link;
A small number of pre-bookable tickets remain available and 30 tickets will be available on the door of the venue before the meeting starts. A live webcast of the meeting will be provided through the link below: