Proposed erection of an agricultural building for free range egg production with associated feed bins and egg packing and storage building.

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

(Proposed erection of an agricultural building for free range egg production with associated feed bins and egg packing and storage building.)

The Development Manager (DM) gave a presentation on the application.

In accordance with the criteria for public speaking, Mr M Temple, a local resident, spoke in objection.  Mr S Harison, the applicant’s agent, and Mr G Hodnett, the applicant’s son spoke in support.

The Chairperson reported that the local ward member was unable to attend the meeting.

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

·        A balance had to be struck between farming and tourism.  Farming contributed to the environment that encouraged tourism.

·        The application had clearly been thoroughly assessed and was a sound application.

·        Clarification was sought on the perimeter fencing and whether this would be stock proof, a concern raised by the public speaker in objection to the application.  The DM commented that the application site lay some distance north of the speaker’s property and was not contiguous.  He did not consider that a condition would be appropriate.  In response a Member asked if the application were approved if the decision notice could encourage dialogue between the applicant and neighbours.

·        The application was an extension with little visual impact.

·        The Transportation Manager considered the proposal to be acceptable.

·        The Parish Council supported the proposal.

·        It was noted that condition 11 required passing places along the C1064 approval for which would have to be granted by Powys County Council and clarification was sought on how this process would be managed.  The Lead Development Manager (LDM) commented that cross-border issues of this nature were dealt with in a straightforward manner. The applicant would apply to Powys CC.  Herefordshire Council would be consulted.  The proposed condition prevented development until the passing places had been established..

·        The route to and from the site was a recognised National Cycle Route(NCR 25) and information was sought on the development’s effect on the route.  It was also asked if Powys CC could be asked to designate the route as a quiet lane.

·        It was asked in relation to condition 5 relating to the external lighting scheme if the authority could consult with the National observatory on the detail of the scheme.  The LDM suggested that an informative could be added requesting the applicant to undertake an informal consultation with the observatory, noting that the council would be undertaking a formal consultation as part of the consideration of the scheme.

·        As an environmental permit was not required from the Environment Agency for a scheme of the size proposed, the council would be responsible for the enforcement of the proposed manure management plan including the impact on water quality from manure spreading.  It was asked how this would be managed and what account that plan would take of off-site spreading.

·        The DM confirmed that the MMP would deal with off-site spreading. The proposed condition was to ensure compliance with the MMP.

The LDM commented that the enforcement team would be responsible for enforcing the condition, drawing on external expertise as necessary.  Action could be taken if the applicant were to be found in breach of conditions.

·        The Lime Brook was a tributary to the River Lugg.  The Lugg catchment was above the legal limit for phosphates so any development had to prove that it would be a positive contribution to improving that situation.  No such assurance was provided.

The DM commented that the ecologist’s report referred to at paragraph 4.7 of the officer report had considered these impacts.

·        There was no reference to air particulates the cumulative impact of which on public health within the county was of growing concern.

·        Proposals of this nature had a damaging effect on the landscape, tourism and walking and cycling, and created odours with an adverse effect on amenity, and pollution, including run-off into the River Lugg.  These concerns had not been addressed.

·        The impact of the proposed level of water extraction was questioned.

·        A member highlighted the small nature of the proposal considering that it could be readily accommodated within the farm and questioned whether there were planning grounds on which to refuse it.

The LDM commented in relation to landscape impact that discussions had resulted in improvement, with the unit being brought closer to the main farm complex.  Regarding water extraction the Council had commissioned an independent hydrogeological assessment report on the applicant’s submission.  This had concluded that the proposal was acceptable and no risk to existing water supplies.

 

Councillor Edwards proposed and Councillor Baker seconded a motion that the application be approved in accordance with the printed recommendation with an additional informative relating to the external lighting scheme.    The motion was carried with 8 votes in favour, 1 against and 1 abstention.

 

RESOLVED: That planning permission be 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.         C09 Details of cladding

 

4.         The development hereby approved shall be carried out in accordance with the approved landscaping scheme as shown on drawing number IPA21490-11A (Landscape Proposals) dated October 2017.  New planting 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 5 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 5-year maintenance period.

 

            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.

 

5.         No external lighting shall be installed unless a detailed external lighting design scheme has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall identify measures to avoid impacts on nocturnal wildlife. The development shall be carried out in accordance with the approved details.

 

            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.

 

6.         The buildings hereby permitted shall only be used as  free range egg production units and not for any other form of poultry related production (e.g. broilers or turkeys)

 

            Reason: The processes / activities associated with different forms of poultry related production give rise to materially different environmental impacts that would require further assessment.

 

7.         Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (As amended) and the Town and Country Planning (General Permitted Development) Order 2015 as amended or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, the premises shall not be used for any purpose other than that hereby authorised.

 

            Reason: To enable the Local Planning Authority to give further consideration  to the acceptability  of any proposed future use and to comply with Policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

8.         The development hereby approved shall be carried out in accordance with the Manure Management Plan prepared by McCartneys for Willey Cottage Farm dated October 2017 unless otherwise agreed in writing with the local planning authority.

 

            Reason: In the interests of pollution prevention and to safeguard the water quality of the area and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9.         All manure moved off site must be in covered and sealed trailers.

 

            Reason: In the interests of pollution prevention and to safeguard the residential amenities of occupiers of dwellinghouses and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

10.       The number of birds per flock shall not exceed 16,000 in any single 60 week flock cycle.

 

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining Highway in accordance with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

 

11.       No development shall commence on site in connection with this approval until a scheme for the provision of passing places along the C1064 have been provided and formally authorised in writing in terms of size, design and construction specification by Powys County Council.

 

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway, and to comply with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

12.       H03 Visibility splays

 

13.       H13 Access, turning area and parking

 

14.       H18 On site roads - submission of details

 

15.       H31 Outline Travel Plan

 

16.       The recommendations set out in the ecologist’s report from Craig Emms dated October 2017 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat/species protection and enhancement scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.  An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

            Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).  To comply with Policies LD2 and LD3 of the Herefordshire Local Plan - Core Strategy 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.         I05

 

3.         I45

 

4.         Informative re lighting in consultation with Observatory

 

(The meeting adjourned between 11 am to 11.10 am.)