Agenda item

164103 - CLASTON FARM, DORMINGTON, HEREFORD, HR1 4EA

Erection of 2 no. Additional broiler units on existing poultry site along with associated infrastructure.

 

Decision:

The application was approved in accordance with the case officer’s recommendation.

 

 

 

 

Minutes:

(Proposed erection of 2 No. additional broiler units on existing poultry site along with associated infrastructure)

 

(Councillor J Hardwick was fulfilling the local ward member role and accordingly had no vote on this application)

 

The Acting Development Manager (ADM) gave a presentation on the officer report relating to the application and the update sheet including an additional representation and a further condition concerning the use of external lighting, as attached to these minutes.

 

In accordance with the criteria for public speaking Mr I Morley, local resident, spoke in opposition to the application and Mr E Thomas, the applicant, spoke in support.

 

In accordance with the Council’s Constitution, the local ward member, Councillor J Hardwick, spoke on the application.

 

Councillor Hardwick made the following principal points:

 

·         Applications concerning poultry units were emotive;

·         Environmental issues had been addressed in the completion of the application. The peer review conducted on the application had found that the impacts of the site would be within acceptable limits;

·         The landscaping proposed on the development would soften the impact of the structure on the surrounding countryside;

·         The attenuation pond would cope with runoff from the site and assist in the alleviation of local flooding issues;

·         The odour caused by the production cycle was usual in rural areas and the operation proposed on the site was consistent with a rural county.

 

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

 

·         The condition of the farm yard was referred to which was felt to be well-maintained. In response the ADM confirmed that maintenance of the farmyard was not a material planning consideration and no weight should be attached to its condition during decision-making;

·         It was felt that the technical issues in the report had been addressed by the consultants employed to peer review the application. The technical reports commissioned and the lack of objection from statutory consultees limited the grounds on which the application could be refused;

·         Sympathy was expressed for local residents who would be affected by smells from the site. Concern was expressed regarding the potential impact of the site upon the respiratory health of local residents caused by ammonia emissions.

·         The prevailing wind from the south west would carry the odour of the site away from Dormington and local residential areas. The inconsistency in the outcomes of the odour modelling, which claimed a slight impact on local residents, and the representations from the local community, which stated a severe impact was raised.

·         A query was raised regarding the length of time required for the planting scheme proposed in the landscaping scheme to reach maturity;

·         The proposed colour of the roof was queried and whether a shade to match the colour of the crops surrounding the development would be more appropriate. The ADM confirmed that the applicant was required to promote a scheme that the local planning authority would approve;

·         The right of way across the farm yard was raised and the need to safeguard the footpath. The ADM confirmed that the applicant would be asked to explain how the right of way would be protected.

·         Concerns were expressed regarding the number of poultry units in the county. It was questioned whether it was reasonable to give planning permission to further poultry developments.

·         Concern was expressed that there was not adequate planning guidance relating to poultry units in the Core Strategy. Previously such guidance had formed part of the local planning policy framework but currently this was not included in the Core Strategy. It was requested that the Cabinet Member look into the need to establish relevant guidance in the core strategy. However it was noted that similar developments had been constructed when a policy had been contained in the Core Strategy. The ADM confirmed that previously there had been a policy for intensive livestock but this may not have been of relevance in relation to the current application.

·         The lack of specific policy was not felt to deprive the committee of all grounds for refusal. It was noted that the development would be constructed on grade 1 and 2 agricultural land which was inconsistent with the NPPF and the potential impact of bio aerosol particulates on health was still subject to scientific enquiry. However it was noted that Herefordshire had a very high level of grade 1 and 2 agricultural land and house building was undertaken on such land. The ADM confirmed that the issue of bio aerosol was the pertinent issue but enough information had been provided to enable a decision.     

·         The impact upon tourism in the county caused by odours and pollution arising from the site was a concern which would affect a local site of special scientific interest. The economic benefit of the site had been assessed and the advantage to the applicant was understood but the detrimental impact of the site upon tourism in the county also required consideration. The ADM confirmed that there would be an economic benefit to the farmer, as the applicant, but also residents of the county involved in activities associated with the processing of poultry meat. 

·         The positioning of the development on an area within a flood zone was queried and whether it could have been located elsewhere on the farm on land less susceptible to flooding. The ADM confirmed that if the applicant had located the development on land outside of flood zone 2/3 this would be closer to residential properties;

·         The manure management arrangements proposed in the report were queried and where the manure would be spread. The ADM confirmed that the applicant would spread manure on land leased to tenant farmers but might be sold as a resource if surplus to requirements. Given the regulatory regime within which manure spreading takes place the ADM advised this was not a material planning consideration in this instance.

·         The strength of the condition regulating the number of cropping cycles annually was queried and if this could be challenged effectively in the future on the basis of restriction of trade. The Lead Development Manager confirmed that there was no intention to increase the crop cycle and the condition serves to ensure that any shortening of the crop cycle with associated increase in the number of crop cycles per year would require a formal application for planning permission in the future.

 

The local ward member was given the opportunity to close the debate.

 

Councillor Hardwick thanked members for a fair and balanced debate.

 

Councillor BA Baker proposed and Councillor PJ Edwards seconded a motion to approve the application in accordance with the printed recommendation and the additional condition set out in the update sheet. The motion was carried 11 votes in favour, 2 against and no abstentions.

 

RESOLVED: That planning permission is granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.

A01 Time limit for commencement (full permission)

 

2.

B01 Development in accordance with the approved plans

 

3.

With the exception of any site clearance and groundwork (excluding any works to retained features), no further development shall commence on site until a landscape design has been submitted to and approved in writing by the Local Planning Authority.  The details submitted should include:

 

Soft landscaping

 

a) A plan(s) showing details of all existing trees and hedges on the application site.  The plan should include, for each tree/hedge, the accurate position, species and canopy spread, together with an indication of which are to be retained and which are to be removed;

b) A plan(s) at a scale of 1:200 or 1:500 showing the layout of proposed tree, hedge and shrub planting and grass areas;

c) A written specification clearly describing the species, sizes, densities and planting numbers and giving details of cultivation and other operations associated with plant and grass establishment.

 

Hard landscaping

 

a) Existing and proposed finished levels or contours

b) The position, design and materials of all site enclosure (e.g.

fences, walls)

c) Car parking layout and other vehicular and pedestrian areas, to include measures to waymark the public footpath DR1

d) Hard surfacing materials

 

Reason: In order to maintain the visual amenities of the area and to

conform with Policy LD1 of the Herefordshire Local Plan – Core

Strategy and the National Planning Policy Framework.

 

4.

The soft landscaping scheme approved under condition 3 shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 10 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 10-year maintenance period. The hard landscaping shall be completed prior to the first use of the development hereby permitted

 

Reason: In order to maintain the visual amenities of the area and to conform to Policy LD1 of the Herefordshire Local Plan – Core Strategy.

 

5.

There shall be no more than eight cropping cycles in any one calendar year and no more than 220,000 birds into total shall be housed at any one time within the poultry units hereby approved and those existing poultry units approved via application 133305 (dated 3rd March 2014).

 

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.

 

6.

No development shall commence on site until a habitat enhancement scheme which contains proposals to enhance the habitat on site for wildlife and biodiversity has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved.

 

Reason:  The proper consideration of potential impacts on protected species and biodiversity assets is a necessary initial requirement before any demolition and/or groundworks are undertaken in order to ensure that diversity is conserved and enhanced in accordance with the requirements of the NERC Act 2006 and Policy LD2 of the Herefordshire Local Plan – Core Strategy.

 

7.

The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy.

 

8.

Prior to commencement of the development hereby permitted a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning authority for their written approval.

 

The CEMP shall include detailed methodologies to cover the possible presence of bats, nesting birds, Great Crested Newts and other wildlife as relevant at the time of the construction as well as habitat protection. Consideration should be given on how to minimise and mitigate during the complete construction process: noise and vibration, air quality (including dust management), sustainable waste management, traffic management and flows, water management (surface and groundwater), management and protection of ecological resources including all wildlife and features such as trees and hedgerows, management of any contaminated land and managing spills and accidental discharges during operations. The CEMP should detail the appointed site manager who will oversee implementation and briefing of all contractors, monitor and record all aspects of the CEMP, take all relevant action and liaison as may be needed.

 

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 detail and thereafter maintained as such.

 

Reason: To safeguard the River Frome from any disturbance, disruption or accidental pollution during the construction phase, to safeguard existing habitats and protected species and to safeguard the wider environment in accordance with policies SS6 and LD2 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

9.

Finished floor levels shall be set no lower than 53.00mAOD in line with the FRA produced by Hydro-Logic Services (Ref: K0739/1 Rev 3 dated September 2017) which is 600mm above the estimated 1% plus climate change flood level unless otherwise agreed in writing by the LPA.

 

Reason: To protect the proposed development from flood risk for the lifetime of the development so as to comply with Policy SD3 of the Herefordshire Local Plan - Core Strategy 2011-2031.

 

10.

Prior to the first use of the poultry units hereby permitted, the flood storage compensation shall be implemented in full in accordance with a scheme that shall first be submitted to and agreed in writing by the local planning authority.

 

Reason: To minimise flood risk so as to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy 2011-2031.

 

11.

Notwithstanding the approved plans, prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:

 

·          Provision of a detailed drainage strategy that demonstrates that opportunities for the use of SUDS features have been maximised, where possible, including use of infiltration techniques and on-ground conveyance and storage features;

·          Evidence that the development is providing sufficient storage and appropriate flow controls to manage additional runoff volume from the development, demonstrated for the 1 in 100 year event (6 hour storm) with an appropriate increase in rainfall intensity to allow for the effects of future climate change;

·          A detailed dirty water drainage strategy showing how dirty water from the development will be disposed of;

·          Demonstration that appropriate pollution control measures are in place prior to discharge;

·          Details of any proposed outfall structures;

·          Details of how surface water runoff from surrounding land will be conveyed around the development without increasing flood risk to people or property.

 

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.

 

Reason: To ensure satisfactory drainage arrangements in accordance with policies SS6, SD3 and SD4 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

12.

With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy.

 

13.

No external lighting shall be installed unless a detailed externa lighting design scheme gas been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall identify measures to avoid impacts of nocturnal wildlife. The development shall be carried out in accordance with the approved details and maintained thereafter as such.

 

Reason: To safeguard the character and amenities of the area and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

INFORMATIVES:

 

1.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

 

2.

HN10 No drainage to discharge to highway

 

3.

HN05 Works within the highway

 

4.

N19 Avoidance of doubt - Approved Plans

 

 

5.

Ordinary Watercourse Consent will be required from Herefordshire Council for the proposed watercourse culverting works; an intermediate manhole will be required.

 

 

The committee adjourned at 11.04 a.m. and reconvened at 11.18 a.m.

 

 

 

Supporting documents: