Meeting documents

SSDC Area North Committee
Wednesday, 26th August, 2015 2.00 pm

Minutes:

Proposal: Engineering works to be carried out to provide a new Slurry Lagoon for the Dairy Unit

The Planning Officer presented the application as detailed in the agenda, noting that the slurry lagoon would be repositioned by a cut and fill around to create a level area.  Appropriate planting and fencing was proposed and there was no evidence of loss of amenity to neighbours.  A Farm Waste Management Plan was required as part of the conditions of approval. 

The Committee were then addressed by Mr M Wooden, representing Ash Parish Council.  He said over 70 local residents attended a recent Parish Council meeting and their overwhelming concerns were the existing effects and future proposals.  He requested that permission be refused as the proposal was much larger and closer to residents who had issues with flies, smell and pollution. Failing this, he asked that the application be deferred for additional information on traffic and vehicle size before any further development took place. 

Mr P Rodford and Mr D Cobden (on behalf of Mr J Terrell) spoke in support of the application. They said the applicants had tried hard not to upset neighbours and, if the application was given permission then there would be less vehicle movements to and from the site.  The original milking parlour had been outdated and the number of dairy cattle had increased from 400 to 1,000 with a subsequent increase in employment.

Mr P Ludbrook and Mr R Martin spoke in opposition to the application. Their comments included:-

·         There had been a number of incidences across the country where slurry lagoons had overfilled and poisoned the local area and several ditches below the site already smelled. 

·         the site should be built as originally planned.

·         The level of odour was unacceptable for local residents to bear from slurry spreading and slurry injection methods should be used.

Mr M Cobden, the applicant, said they wished to re-site the slurry lagoon so it was closer to the gas main so it was more efficient to produce gas.  This would ensure better fertiliser for the land and less smell.  The transport movements would be no different to those already approved.

One of the Ward Members, Councillor Graham Middleton, regretted that the original plans had not been adhered to.  He said the existing slurry pit could not cope with the additional waste on site and so it was being taken away in waggons, adding to the transport issues.  Although he was not in favour of the application, he recognised the need for the new slurry lagoon.  

The other Ward Member, Councillor Neil Bloomfield, said he could not support the application. He felt there should be sanctions applied as they had not kept to the original plans and had not informed the Council of the changes.  The original siting of the slurry lagoon had been at the furthest point from local residents but now it was at the closest point. 

In response to questions from Members, the Area Planning Lead confirmed that:

·         They should determine the application on its own merits and disregard any future planning applications at the site.

·         As the site evolved on the ground, changes had been needed which took up the space for the original slurry lagoon.

·         Members should consider what harm could arise from a slurry lagoon of the size in the proposed location

·         It was not possible to spread slurry on the land all year around and the impact of spreading was beyond the remit of the planning system. 

During discussion, varying views were expressed.  Some Members felt there were bound to be teething problems at such a large site and the slurry lagoon had to be sited somewhere, whereas others felt they had disregarded the comments of the local community and permission should be refused.  A proposal to grant permission as per the officer recommendation was made and seconded, and, on being put to the vote, was carried (voting: 7 in favour, 2 against, 2 abstentions).

RESOLVED:

That planning application 15/01725/FUL be APPROVED, as per the officer recommendation, subject to the following:

 

Justification:

 

The proposed slurry lagoon, which is essential infrastructure required for the proper operational running of this holding is, by reason of its nature, position, scale and design, considered to be an appropriate form of development that causes no demonstrable harm to visual amenity or landscape character, residential amenity, highway safety, pollution control, ecology or any heritage assets and as such accords with the aims and objectives of policies SD1, TA5, TA6, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

 

Subject to the following conditions:

 

01.   The development hereby permitted shall be carried out in accordance with the following approved plans drawings numbered 01920-00-R DRG No 01 (Location Plan) and 00460-03 sheet 01 (Plans and Sections) received 20/04/2015 and 01920-00-R DRG No 02 (Location Plan) received 28/04/2015.

                       

       Reason: For the avoidance of doubt and in the interests of proper planning.

 

02.   The slurry lagoon hereby permitted shall be constructed and become fully operational within four months of the date of this permission.

 

       Reason: The slurry lagoon is essential to ensure the proper functioning of the associated dairy unit, in particular the Farm Waste Management Plan, to accord with policies SD1, TA5 and EQ7 of the South Somerset Local Plan.

 

03.   The development hereby permitted shall not be commenced unless details of all new fencing, to include details of position, design, colour and finish has been submitted to and agreed in writing by the local planning authority. The approved details shall be implemented in full and shall thereafter be maintained and retained in this fashion unless otherwise agreed in writing by the local planning authority.

 

       Reason: In the interest of visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

 

04.   The development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the completion of the development; and any trees or plants which within a period of five years from the completion of the development 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: In the interest of visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

 

05.   Notwithstanding the submitted details, the development hereby approved shall not be commenced unless a Construction Environmental Management Plan, incorporating construction details of the slurry lagoon, has been submitted to and approved by the local planning authority. The plan shall subsequently be implemented in full accordance with the approved details unless otherwise agreed in writing by the local planning authority.

                                   

       Reason: To prevent pollution of the water environment in accordance with policy EQ7 of the South Somerset Local Plan and Part 11 of the NPPF.

 

06.   The development hereby approved shall not be commenced unless a Farm Waste Management Plan has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in full accordance with the approved details and agreed timetable and shall thereafter be permanently complied with unless otherwise agreed in writing by the local planning authority.

                       

       Reason: To prevent pollution of the water environment to accord with policy EQ7 of the South Somerset Local Plan and Part 11 of the NPPF.

 

07.   All vehicle movements to and from the slurry lagoon hereby permitted, shall be via the adjacent dairy unit immediately to the south and shall not be via Ashmead Drove to the east.

 

       Reason: In the interest of highway safety as Ashmead Drove, by reason of its means of egress into Burrough and Back Street, which are narrow lanes with few passing places, is not considered to be an appropriate route for use by large farm vehicles and machinery to accord with policy TA5 of the South Somerset Local Plan.

 

Informatives:

 

01.   The proposed development must comply with the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) Regulations 2010 (SSAFO). These regulations aim to prevent water pollution from stores of silage, slurry and agricultural fuel oil. They set out requirements for the design, construction and maintenance of new, substantially reconstructed or substantially enlarged facilities for storing these substances. Storage facilities should be sited at least 10 metres from inland freshwater or coastal water and have a 20-year life expectancy. The applicant must notify the Environment Agency in writing about any new, substantially enlarged or substantially reconstructed system at least 14 days before it is first used. Further information on the regulations can be viewed at http://www.environment-agency.gov.uk/business/sectors/118798.aspx.

 

02.   Please note the comments made by County Rights of Way dated 21/01/2013 in respect of any disruption to the public footpath that bounds the site.

 

(Voting: 7 in favour, 2 against, 2 abstentions)

Supporting documents: