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13/0850 Construction of Clay Lined Slurry Lagoon at Eastfield Farm, Warcop for W M Heron & Sons Head of Planning Services Site Plan

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