Item No 1 Council Planning Committee 10 April 2014 Planning Application No: 13/0850 Construction of Clay Lined Slurry Lagoon at Eastfield Farm, for W M Heron & Sons Head of Planning Services Site Plan:

1 1 Purpose of Report 1.1 This application is before Members as an objector has requested a hearing. 2 Recommendation: That the proposed planning application as set out in this report be agreed subject to the following conditions: 1. The development permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby approved shall be carried out strictly in accordance with the details received on 8 November 2013 and shall not be varied other than by prior agreement in writing with the local planning authority. 3. Prior to the slurry lagoon being brought into use, an Odour Management Plan shall be submitted to and agreed with the Local Planning Authority which sets the measures and procedures that will be adopted to minimise odour emanating from the operation and maintenance of the slurry lagoon and its contents including details of: a) the use of odour reducing additives; b) any stirring or agitation of the slurry; c) any pumping/slurry handling equipment to be used; d) the frequency and method of slurry spreading and as to how and as to what account will be taken of local weather conditions when carrying out the above measures or procedures. 4. No agitation or stirring of slurry or slurry spreading shall take place anywhere on the farm holding at weekends or on bank holidays. 5. Prior to commencement of the work on site, the developer shall submit full details of ground permeability in respect of the lining and adjoining ground conditions together with appropriate mitigation measures where necessary, of the clay lined slurry lagoon hereby approved, for the agreement in writing of the Council‟s Planning Authority. The required details in respect of ground permeability and mitigation measures shall address the requirements stated in the Environment Agency‟ letter of 14 February 2014.

Reasons 1. In order to comply with the provisions of the Town and Country Planning Act 1990. 2. To ensure a satisfactory development and to avoid any ambiguity as to what constitutes the permission. 3 and 4 To safeguard the amenities of nearby residents. 5. To manage the risks associated with the potential pollution of groundwater.

2 Advisory Informative The applicant should be aware that the granting of planning permission for this development will not be a defence for any action that may subsequently be taken under the Environmental Protection Act 1990 in the event of an odour nuisance. The Council have a legal duty to investigate complaints relating to nuisance and where found to exist, are required to serve an Abatement Notice requiring it to be abated or restricted and preventing its recurrence.

3 Report Details 3.1 Proposed Development: 3.1.1 The proposal is to create a partially buried, partially earth bunded roughly rectangular shaped farm slurry lagoon. The total extent of its earth works would cover an area measuring some 35m x 48m while the surface area of the stored slurry measure some 27m x 46m. The surplus soil excavated from its construction would be used to form the embankments which would have a 2m high safety fence along the upper edge of the embankment. The lagoon would be clay lined taking advantage of the clay on site. 3.2 Description of the Site and the Surroundings: 3.2.1 Eastfield Farm lies 800 metres to the east of Warcop and is part of a two-centre farm with the other being at High Green Farm in the village of Warcop. The site of the proposed lagoon is 320 metres south of Eastfield Farm positioned in a natural dip in the ground and is enclosed by the former embankment along its north eastern boundary. Approximately 30 metres to the south is a public footpath which runs from Flitholme to Appleby Road (between Warcop - Kirkby Stephen). 3.2.2 The nearest residential property is „Lowgill‟ at Flitholme which is approximately 250 metres to the east. 3.3 Relevant Planning History: 3.3.1 9 October 2009 - Notice of intention for agricultural livestock building (09/0748) - approved 13 April 2010 - Erection of covered storage store (10/0130) - approved 12 May 2010 - Outline application for agricultural workers dwelling (10/0118) - approved 20 October 2010 - Detached agricultural workers dwelling (10/0785) - approved Current - Extension to existing livestock shed to provide dairy parlour facility and associated infrastructure under 13/0965 Current - Erection of livestock building under 13/0966 Current - Erection of farmhouse under 13/0966 3.4 Method of Publicity and Summary of Representations: 3.4.1 The application was publicised by the posting of a site notice and neighbour notification letters to residents of Flithholme. One letter of support has been received from a resident of Warcop. Comments are summarised as follows: 3 - The development will reduce traffic through the village of Warcop. - Better management of the time they have to spread the slurry and reduce the amount of time there is an odour from the slurry. - The slurry can be spread when there is good weather rather than when the slurry tanks are full which can be weekly. - The location of the lagoon is central to their land and cannot be seen from the road or any household. - Support the applicants farming business to go forward with the times. 3.4.2 Four letters of objection received from residents in Flitholme. Comments are summarised as follows: - Not in an NVZ area where lagoons are required. - the size and location of the slurry lagoon represents an un-neighbourly form of development detrimental to the amenities of occupiers of the adjoining residential properties, particularly by reason of the overbearing effect of smell. - Concerned why the applicant has chosen this location when the herd of milking cows are not kept at Eastfield Farm and are milked at High Green Farm in Warcop, which would create journeys on a regular basis by tanker from Warcop to the lagoon. - Better alternative locations, within closer proximity to the farm and away from other dwellings and flood zone. - Concern that the contents of the slurry lagoon may contaminate nearby water courses such as Lowgill Beck which the Eden flows into about a mile away. - Flitholme is situated east of the application site. The prevailing wind blows from the west towards the village resulting in an overbearing and intrusive element in regards to odour. It will affect the quality of residents‟ daily lives such as being unable to sit in the garden, will need to keep windows and doors closed and prevent the drying of washing outdoors. - Concerned about the health hazards that the lagoon will pose on occupants of nearby dwellings by reason of wind-borne and fly-borne pathogenic spores which can be hazardous, if not fatal, to human health (e-coli, listeria, salmonella and cryptosporidium). Pathogens do not survive for long in middens whereas in slurry lagoons the temperature is lower, biochemical activity is low and therefore pathogens survive for longer periods. The community would be at risk. If you can smell the lagoon, it can carry pathogenic spores to you. - The proposed lagoon would cause a statutory nuisance. - Slurry lagoons give off gases (ammonia, hydrogen sulphide, carbon dioxide and methane) which are particularly volatile during stirring, filling, emptying and natural disturbance caused by wind and rain. - Within 30 metres of private amenity land which comprises a section of the disused railway line and is close to a public footpath regularly used by local people and ramblers. - Has alternative slurry storage such as Permastore been considered? - No detailed health/odour impact assessment has been submitted.

4 - Current planning applications for new livestock buildings at Eastfield Farm. The combination of milk and whey products, silage effluent and slurry would render gases from the lagoon even more poisonous. 3.5 Parish Response: 3.5.1 The application site lies within both Warcop and Musgrave Parish Council areas. A response has been received from Musgrave Parish Council, as follows: „Musgrave Parish Council has visited the proposed site of the clay lined slurry lagoon after being approached by concerned residents in the hamlet of Flitholme. Their main concern is the unpleasant odour which will emanate from the lagoon. When you look at the trees in close proximity to the proposed lagoon site all the trees are facing towards Flitholme, this is a clear indication as to which direction most of the prevailing winds come from. We are not against the proposed farm building development although it will alter the view from people within Flitholme but we think there is a better site on their land at Eastfield Farm for an Olympic sized slurry lagoon or a different type of slurry store ie: permastore. At present it is a case of “Not in My Back Yard” and being put in “Someone Else‟s Back Yard” as the proposed slurry lagoon site is much closer to Flitholme than Eastfield farm house and buildings near Warcop. The little railway embankment will help hide the lagoon but will not stop any of the odours from coming into Flitholme. Musgrave Parish Council recommends/requests that the Eden District Planning Committee have a site visit with all the relevant parties. We do not feel we can give our recommendation to agree the proposed application.‟ 3.6 Consultation Responses: 3.6.1 Highway Authority - No objections. The Public Right of Way No 350018 which runs near the site should at no time be blocked or interfered with. 3.6.2 Natural - No objections. The application is in close proximity to the River Eden and Tributaries Site of Special Scientific Interest (SSSI). This SSSI forms part of the River Eden Special Area of Conservation (SAC). If the proposal is undertaken in strict accordance with the details submitted, it is not likely to have a significant effect on the interest features for which the SAC has been classified. The SSSI does not represent a constraint in determining this application. 3.6.3 Environment Agency - Originally objected on the grounds that insufficient information was submitted to demonstrate that the risks of pollution posed to surface and groundwater can be safely managed. However, following discussions with the applicant they have removed their original objection which is to be replaced with safeguarding conditions should the application be approved. 3.7 Main Planning Issues Raised: 3.7.1 Impact on the amenities of neighbours.

3.8 Planning Assessment: 3.8.1 This application has arisen due to the farm‟s long planned move to relocate the core operations from High Green Farm in Warcop which is a tenanted farm constrained within the village adjoining the MOD camp, to Eastfield Farm which is

5 approximately 800 metres to the east of Warcop. A number of planning applications have been approved at Eastfield Farm including a new farm house and agricultural buildings and there are three current planning applications for an additional farmhouse and two further agricultural livestock buildings. 3.8.2 One letter of support for the development has been received from a resident of Warcop on the grounds that the lagoon would reduce the amount of time for spreading slurry during the year and the location of the lagoon is central to their land and cannot be seen from roads or any households. Letters of objection have been received from four households in Flitholme, approximately 250 metres to the east and also from Musgrave Parish Council. Concerns relate to the need for the slurry lagoon; its size and siting of the lagoon; smells; and health hazard to those living nearby. The issues raised are addressed within this planning assessment following consideration by the applicant, agent, the Council‟s Environmental Health Officers, the Environment Agency and Natural England. 3.8.3 Currently the only slurry storage facility between the two farm sites is at High Green Farm where there is currently only two weeks‟ storage of slurry. This means that irrespective of wind direction and weather conditions, spreading needs to take place when the slurry pits are full usually on a fortnightly basis. The slurry pit at High Green will continue to be used but the volume of waste will reduce as the farm will only accommodate young stock when the dairy herd is moved to Eastfield Farm. The slurry from High Green will be taken to the new lagoon by tanker approximately 2.2 times a week and the route to be taken will be either from the Warcop-Kirkby Stephen road or over the fields from Eastfield. The new slurry lagoon is also needed to serve the expanding Eastfield Farm which would accommodate approximately 200 heads of cattle. The slurry would be taken by tanker from the farms and decanted to the lagoon through a fixed pipe discharged to the lagoon floor. 3.8.4 The application site does not fall within a Nitrate Vulnerable Zone (NVZ) which requires farms located within those areas to have sufficient facilities for slurry to be stored for a five month period. However, the farm needs to meet the requirements of the Silage, Slurry and Agricultural Fuel Oil (SSAFO) regulations, monitored by the Environment Agency which requires at least five months‟ storage of waste. 3.8.5 The proposed slurry lagoon has been designed with a holding tank for all waste, slurry and wash water from both High Green and Eastfield Farms and would allow for 5-6 months‟ storage. The size of the lagoon would allow for slurry to be stored for longer periods allowing for a non-spreading window from early October to about early March in order to protect ground water from over application of organic nitrates when plant growth and nutrient uptake is limited. 3.8.6 The site of the proposed lagoon has been chosen as it lies within and central to the applicants farm land. The slurry would be spread by means of an umbilical system which involves a tractor mounted pump drawing slurry from the lagoon via a 4” pipe which can be up to 1500 metres in length and can cover a number of fields. The pipe would be connected to a specialist tractor mounted, low trajectory, splash plate, similar in design to a slurry tanker. Nationally, up to 80% of slurry is spread by this method although field size and location may require a slurry tanker. The location has also been chosen as the site is in a natural dip in the land but also because it lies alongside the former Eden Valley Railway embankment. 3.8.7 Concerns have been raised by residents of Flitholme regarding smells and health issues they associate with slurry lagoons. Flitholme is approximately 250 metres to

6 the east and residents are concerned that the prevailing westerly winds will carry smells from the lagoon along with air and wind-borne pathogens such as e-coli, listeria and salmonella, which can be harmful to human health. However, a crust of organic (grass silage and grains) will form on the lagoon and this will act as a natural bio-filter for odorous gases. The Guidance - “Protecting our Water, Soil and Air: A code of Good Agricultural Practice for farmers, growers and land managers” highlights that a surface crust is particularly effective with cattle slurry for reducing odour and ammonia emissions. A measure of effectiveness of surface crusts is that dairy cattle slurry lagoons are very rarely linked with odour complaints. When undisturbed, a slurry lagoon does not smell. The design of the slurry lagoon allowing for slurry to be discharged to the lagoon floor will not disturb the surface crust. Due to the size of the lagoon, the existing fortnightly mixing and spreading will be reduced to 3-4 times a year and will allow for spreading on non-windy days. In response to issues raised by objectors that smells would be carried to Flitholme by the prevailing winds from the west, the applicant has submitted weather records for Warcop which suggests that only 5% out of 4782 recordings measured wind from the west. However, the issue of prevailing wind would only need to be taken into account during periods of spreading and stirring the lagoon. Furthermore, guidance does not indicate that a surface crust would be disturbed by the weather although there is some indication that disturbance of the crust can occur from stirring of the slurry. A condition is recommended that an Odour Management Plan is submitted and that no agitation or slurry spreading can take place on weekends or bank holidays. 3.8.8 Comments from objectors suggest that a slurry permastore would be more appropriate. However, this has been discounted on the grounds that the structure would be constructed above the ground and would have a visual impact. Furthermore, the slurry lagoon would have a larger footprint allowing it to catch more rain water which would dilute the contents of the slurry and enabling easier mixing and spreading. 3.8.9 The distance to the nearest dwelling, approximately 250 metres away, is considered against other similar proposals in the district. Other slurry stores have been permitted considerably closer to residential properties and there is no evidence of problems regarding odour or flies. For example a planning application for an earth banked lines slurry lagoon at South Dykes Farm, Salkeld Dykes was approved without the provision of a proprietary cover system, 75 metres away from the nearest residential property. 3.8.10 The design of the proposed slurry lagoon needs to meet Environment Agency regulations who have a duty to protect groundwater and need to be involved in the siting and design at the proposal stage before construction commences. No objections have been raised by the Environment Agency subject to conditions that permeability tests are carried out.

7 4 Policy Framework 4.1 The Council has four corporate priorities which are: Housing Quality Environment Economic Vitality Quality Council 4.2 This report meets the Housing, quality Environment and Economic Vitality corporate priorities. 4.3 This report addresses the strategic action in the Corporate Plan. 4.4 This report helps to meet the adopted Planning Policies of the Council. 4.5 Relevant Local Plan Policies: 4.5.1 Core Strategy Policy CS18 - Design of new development 5. Implications 5.1 Legal 5.1.1 There are none arising directly from this report. 5.2 Financial 5.2.1 Any decision to reduce or increase resources must be made within the context of the Council‟s stated priorities as set out in its refreshed corporate plan. 5.2.2 There are no proposals in this report that would reduce or increase resources. 5.3 Equality and Diversity 5.3.1 There are none arising directly from this report. 5.3.2 The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. 5.4 Environmental 5.4.1 There are none arising directly from this report. 5.4.2 The Council has to have due regard to conserving bio-diversity under the Natural Environment and Rural Communities Act 2006. 5.5 Crime and Disorder 5.5.1 There are none arising directly from this report. 5.5.2 Under the Crime and Disorder Act 1998 the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. 5.6 Children 5.6.1 There are none arising directly from this report. 5.6.2 Under the Children Act 2004 the Council has to have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions.

8 5.7 Risk Management 5.7.1 There are none arising directly from this report. 6. Reasons for Decision/Recommendation 6.1 The proposed slurry lagoon is considered acceptable in terms of its design and siting and it is considered that the slurry lagoon would not have an adverse impact on the amenities of residents in the hamlet of Flitholme. Gwyn Clark Head of Planning Services

Governance Checks: Checked by or on behalf of the Monitoring Officer  Background Papers: Contact Officer: Karen Thompson Telephone Number: 01768 212481

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