Proposed erection of four poultry units, feed bins, service building, alterations to existing access and associated development.

The application was approved in accordance with the Case Officer’s recommendation, with additional conditions.

(Proposed erection of four poultry units, feed bins, service building, alterations to existing access and associated development.)

(Councillor SD Williams was fulfilling the local ward member role and accordingly had no vote on this application.)

The Principal Planning Officer (PPO) gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.  He elaborated on the proposed additional conditions set out in the update.

The Chairman had permitted additional time to be allocated for public speaking.  In accordance with the criteria for public speaking, Mrs C Protherough, of Clehonger Parish Council and Mr T Cramp of Allensmore Parish Council spoke in opposition to the Scheme.  Mr P Griffiths, a local resident, and Mrs S Woosnam, representing Clehonger and Allensmore Parish Council, spoke in objection.  Mr G Clark, the applicant’s agent, and Mr P Whittal, the applicant, spoke in support.

In accordance with the Council’s Constitution, the local ward members, Councillors JF Johnson and SD Williams spoke on the application. (The vast majority of the development was in Councillor Johnson’s ward, the access being in Councillor Williams’ ward.

Councillor Johnson made the following principal comments:

·        The application had clearly generated considerable emotion and the aim had to be to seek to strike a balance.

·        The site was located well down in the valley and work had been done to mitigate the landscape impact.

·        It would be important to ensure that the concerns about the impact on the environment including those associated with waste and odour were managed in accordance with the relevant policies.

·        His biggest concern was about flooding.  There was an existing flood risk to the A465 downfield from the site, attributed to a culvert that was considered to be of insufficient capacity.  He would pursue this issue whether or not the application was approved.

·        The access to the east to Clehonger had also generated comment and there was concern about speeding vehicles and a blind corner.  However, he considered that the proposed work on the access would make the road safer. He had had many conversations about implementing Traffic Regulation Orders.  However, there had been no recorded accidents on that stretch of road so the police would not support them.

·        The site was relatively close to Cargill’s where the chickens would be processed.  The proposal would generate jobs for local businesses.

Councillor Williams referenced the concerns expressed by Clehonger Parish Council about the application.  Whilst visibility to the east was fine, to the west it was restricted. 

(The meeting adjourned between 11.05-11.10)

 

In the Committee’s discussion of the application the following principal points were made:

·        The proposed highways mitigation was broadly acceptable.  It was asked whether there could be a sign cautioning drivers about the business operation and the road marked with the word “slow”.

·        The site’s location in a dip was acceptable and the landscaping proposals would provide further mitigation.

·        Conditions addressed flooding and surface water run off.

·        Herefordshire was an agricultural county and such farming operations provided employment benefits to the County that it was important to retain.  The proposal was in accordance with policy RA6. 

·        It was suggested that it would be preferable if as much manure as possible could be spread at the farm rather than transported elsewhere.

·        The applicant had sought to modify the proposal to accommodate some of the local concerns that had been expressed.

·        The way in which the farm was currently managed gave confidence that the proposed operation would also be well managed.

·        An environmental permit had been issued by the Environment Agency.

·        Natural England had commented that the proposed development would not have likely significant effects on the River Wye Special Area of Conservation and it had no objection.

·        The land drainage officer considered the proposed attenuation pond to be satisfactory.

·        The tourism sector was a major employer in the county and the ever increasing number of chicken units in the county posed a risk to its success.

·        It remained regrettable that the Core Strategy did not include a specific policy on intensive livestock units.

·        The technical reports and assessments, for example those relating to odour, did not reflect the reality.  In response the PPO commented that in the most recent appeal the inspector had commented that people living in the countryside should expect higher levels of odour at certain times noting the relatively short time that clearing out, when odour levels peaked, took.

·        It was asked whether there was a map showing the location of chicken and egg production facilities in the county to assist in gauging the cumulative impact of such developments.  It was noted in reply that some records were currently held but further work would need to be done to produce a map.  The Chairman undertook to pursue this request.

·        The PPO confirmed that the cumulative impact of odour from units in the locality had been assessed and relevant levels would not be exceeded.

·        Noting the matters that fell within the Environment Agency’s responsibility, clarification was sought on the transparency of any consultation the Agency undertook when making its assessment on the granting of an environmental permit and whether there was any link to the Council’s planning portal to assist people to respond to any such consultations.  The PPO commented that he considered this to be a matter for the Agency.

·        In relation to noise the Head of Regulatory ? Development Management Services commented that he was not aware of any particular complaints about noise from such units in the locality.

The local ward members were given the opportunity to close the debate.

 

Councillor Johnson reiterated that a balance needed to be struck between the competing demands of economic development and the preservation of the natural environment.  He noted the comments about the economic benefits of tourism.  He reiterated that he would pursue the issue of flooding whether the site was approved or not. 

 

Councillor Williams had no additional comment.

 

Councillor Baker proposed and Councillor Greenow seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions as set out in the update sheet.  The motion was carried with 11 votes in favour, 2 against and no abstentions.)

 

RESOLVED: That planning permission be granted subject to the following conditions:

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission;

 

            Reason:- As required by Section 91 of the Town and Country Planning Act 1990;

 

2.         The development hereby permitted shall be carried out in strict accordance with the following approved plans:-

 

•           Location Plan – Drawing number HA24899/01 Revision A (Scale 1:2500 @ A2);

•           Access arrangements / Upper Section of Proposed Block – Drawing number   HA24899/06 Revision A (Scale 1:500 @ A1);

•           Block Plan – Drawing number HA24899/02 (Scale 1:500 @ A1);

•           Floor Plans and Elevations and Poultry Service Buildings – Drawing number HA24899/03 Revision A (Scales 1:100 & 1:200 @ A1);

•           Site Sections – Drawing number HA24899/04 (Scale 1:250 @ A1);

•           Landscape Proposals – Drawing number PRI19723-11 Sheet 1 of 2 (Scale 1:1000 @ A1) rev.g;

•           Landscape Proposals – Drawing number PRI19723-11 Sheet 2 of 2 (Scale 1:1000 @ A1) rev.g;

•           Site Access – Visibility Splays – Drawing number 17480-02 Revision A (Scale 1:1000 @ A3); and

•           Max Legal Articulated Lorry Tracking – Drawing number 17480-04 (Scale 1:500) @ A3);

 

                        except where otherwise stipulated by conditions attached to this permission;

 

                        Reason:- To ensure that the development is satisfactorily integrated into the landscape in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

3.         The visibility splays in both directions shown upon Drawing number 17480-02 Revision A (Scale 1:1000 @ A3) together with the 160 metre forward visibility shall be provided with no obstruction above 600mm above carriageway level shall be provided prior to commencement of the development hereby permitted and thereafter shall be maintained as such;

 

            Reason:- In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

4.         The translocation of hedgerows required to meet the requirements of condition 3 shall not take place between 1st April and 31 August (inclusive) in any calendar year;

 

            Reason:- To ensure that the hedges to be translocated have the best opportunity of survival without dying, to accord with policies SS6, LD2 and LD3 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

5.         Any of the sections of translocated hedgerows that within a period of ten years of their translocation die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation;

 

            Reason:- To ensure that the development is satisfactorily integrated into the landscape in accordance with policies SS6, LD2 and LD3 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

6.         All planting detailed upon Landscape Proposals – Drawing number PRI19723-11 Sheet 1 of 2 (Scale 1:1000 @ A1) rev.g and Landscape Proposals – Drawing number PRI19723-11 Sheet 2 of 2 (Scale 1:1000 @ A1) rev.g shall be carried out in the first planting season following completion of the development or first use of any of the buildings for agricultural purposes (whichever is the sooner). Any trees or plants that within a period of ten years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation;

 

            Reason:- To ensure a satisfactory appearance to the development in the landscape, in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

 

7.         Prior to the first use of the buildings for agricultural purposes all external elevations of all of the buildings (including the service building & including the doors any louvres and steel supports to those buildings) shall be finished with the HPS200 Ardenne (RAL 7022) matt colour and the roof of the buildings, ridge vents and feed bins shall be finished with HPS200 Anthracite (RAL7016) matt colour and shall thereafter be maintained with those colour finishes;

 

            Reason:- To ensure a satisfactory appearance to the development in the landscape in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local plan Core Strategy 2011-2031;

 

8.         Prior to the first use of any of he buildings hereby permitted the vehicle access (including passing bays along the internal access route) and vehicle / turning  / manoeuvring areas shown upon the approved plans shall be provided and thereafter kept free of obstruction for use by motor vehicles;

 

            Reason:- In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

   9.      Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

•           A habitat enhancement scheme integrated with the approved landscaping and attenuation pond;

•           A hedgerow and tree protection strategy during the construction phase including a protection plan informed by the advice contained with BS5837:2012;

•           A plan that identifies levels identified by the topographical survey in the vicinity of the proposed pond and those areas of the swale affected by high water levels, with proposed ground re-profiling to achieve the required freeboard;

•           Scaled cross sections of the attenuation pond; and

•           A detailed foul water drainage strategy showing how foul water from the package treatment works would be disposed of;

 

            The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in full accordance with the approved details and thereafter maintained as such;

 

            Reasons:-

 

a)         To secure ecological / bio-diversity enhancement in accordance with policy LD2 of the Herefordshire Local Plan Core Strategy 2011-2031;

b)         To ensure that existing green infrastructure is retained, in accordance with policy LD3 of the Herefordshire Local Plan Core Strategy 2011-2031; and

c)         To ensure satisfactory foul and surface water drainage arrangements in accordance with policies SS6, SD3 and SD4

 

   10.    No existing trees or hedgerows within the application site or on the boundaries of the application site shall be removed;

 

            Reason:- To safeguard existing green infrastructure in accordance with policy LD3 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

 

  11.    There shall be no more than eight cropping cycles in any one calendar year;

 

            Reason:- So that the environmental impact of any intensification of production / use can be fully assessed against the provisions of the Development Plan and any other material planning considerations;

 

   12.    No gates across the vehicular access shall be provided within 32 metres of the southern carriageway edge of the B4349;

 

            Reason:- In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

   13. No part of the vehicle access shall exceed a gradient of 1:12;

 

            Reason:- In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

 14.      CAT Wheel Washing

 

            Reason:- In the interests of highway safety in accordance with policies SS4 and MT1  of the Herefordshire Local Plan Core Strategy 2011-2031;

 

15.       There shall be no more than 212,000 birds accommodated within the buildings at any one time;

 

            Reason:- So that the environmental impact of any intensification of production / use can be fully assessed against the provisions of the Development Plan and any other material planning considerations and to ensure that the development is delivered within the parameters of the Environmental Statement;

 

16.       All recommendations identified in the Betts Ecology Report dated October 2016 shall be fully implemented, unless otherwise agreed in writing by the Local Planning Authority;

 

            Reason:- To ensure that all species are protected having regard to the Wildlife & Countryside Act 1981 (as amended), the Conservation (Natural Habitats, c) Regulations 1994 (s amended), policy LA2 of the Herefordshire Local Plan Core Strategy 2011-2031, the National Planning policy Framework (NPPF) and the NERC Act 2006;

 

17.       If the development hereby permitted becomes redundant for the keeping / rearing of poultry a fully detailed scheme (including timescales) for the decommissioning of the facility, demolition of the buildings and restoration of the land to its former state shall be submitted to the Local Planning Authority within six months for their written approval.  No work pursuant to this condition shall commence until the Local Planning Authority has given its written approval. In the event of the development becoming redundant for the keeping / rearing of poultry, the approved decommissioning and restoration scheme shall be fully implemented;

 

            Reason: To safeguard the countryside from unnecessary large scale redundant developments and to comply with Policy LD1 of the Herefordshire Local Plan – Core Strategy

 

18.       There shall be no manure stored within 100 metres of the curtilage of any residential property other that of the applicant only at ‘Bowling Green Farm’;

 

            Reason:- To safeguard the amenity of residential properties in the area, in accordance with polices RA6 and SD1;

 

INFORMATIVES:

 

1.         Statement of Positive & Pro-active Working – the Local Planning Authority have acted positively and pro-actively in their processing of this application by engaging with the agent for the applicant in a positive manner to address all of the relevant material planning considerations. The Local Planning Authority has made every attempt to process and determine the application in as timely fashion as has been possible given the scale of the application and the issues that have arisen. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2.         I11 - HN01 Mud on highway

 

3.         I09 - HN04 Private apparatus within highway

 

4.         I45 - HN05 Works within the highway

 

5.         I05 - HN10 No drainage to discharge to highway

 

6.         I47 - HN24 Drainage other than via highway system

 

7.         I35 - HN28 Highways Design Guide and Specification.

 

8.         In the event that the hedge translocations referred to in condition 4 were to take place between February and April, an Ecologist should undertake a “walkover survey” and inspect for presence of nesting birds.

 

 

(The meeting adjourned between 11.45 and 11.58 am).