Committee and Date Item

Central Planning Committee

26th July 2012 11

Public

Development Management Report

Responsible Officer: Stuart Thomas email: stuart.thomas@.gov.uk Tel: 01743 252665 Fax: 01743 252619

Summary of Application

Application Number: 12/02014/FUL Parish: Berrington

Proposal: Construction of an earth bank slurry lagoon Site Address: Meadow Bank Farm Road SY5 7DB Applicant: Mr Ashley

Case Officer: Kate Whitfield email: [email protected] Grid Ref: 351776 - 305500

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made. Recommendation: Grant Permission subject to the conditions sets out in Appendix 1.

Recommended Reason for Approval

1. The proposed development is not considered to have an adverse impact on the character of the surrounding open countryside or the amenities of neighbouring properties. Further to this it is considered that the slurry can be contained adequately with no detrimental impact on the surrounding environment. As such the proposed development is considered to be in accordance with Shropshire Core Strategy policies CS5 : Countryside and the Green Belt, CS6 : Sustainable Design and Development Principles, CS13 : Economic Development, Enterprise and Employment, CS17 : Environmental Networks and CS18 : Sustainable Water Management.

REPORT

1.0 THE PROPOSAL

1.1 The proposal is for an earth banked slurry lagoon to provide slurry storage within the farm complex. The lagoon will measure 31.5 metres in length and width and will rise above the existing ground level by approximately 1.5 metres.

1.2 The lagoon will be enclosed by a 1.825 metre high perimeter fence.

2.0 SITE LOCATION/DESCRIPTION

2.1 The application site is within the farmstead of Meadow Bank Farm, which is located on a cross roads junction between the villages of Cantlop, located to the east, and Condover to the west. Meadow Bank Farm is a working farm with a number of agricultural buildings located to the east and north of the farmhouse. The proposed location for the slurry lagoon is to the north of this group of existing buildings.

2.2 A row of residential properties are located off the Shrewsbury to Road which runs to the east of the site, the closest property being around 85 metres away from the location of the proposed lagoon. Aside from this the site is surrounded by open farmland.

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION

3.1 The Parish Council has submitted a view contrary to officers based on material planning reasons and these contrary views cannot reasonably be overcome by negotiation or the imposition of planning conditions. The Area Planning Manager in consultation with the Committee Chairman and local Member agrees that the Town/Parish Council has raised material planning issues and that the application should be determined by committee.

4.0 COMMUNITY REPRESENTATIONS

4.1 Consultee Comments

4.2 Shropshire Council’s Drainage Engineer : No objections. The design and access statement section 6.2 states that the proposed slurry lagoon will have a 'freeboard' to provide capacity for rainfall, as required in the design standards for the construction. This is considered acceptable.

4.3 Shropshire Council’s Public Protection team : Amended block plan reference ASH-BP-03 moves the lagoon as far from the nearest residents as possible on the site. In addition an email dated Monday 2nd July 2012 discussed the use of a chemical agent to reduce potential odour being utilised once the lagoon has been constructed. Accordingly there are no objections to the proposal. A condition is recommended in relation to ensuring the use of the agent to reduce odour within the lagoon.

4.4 Public Comments

4.5 The application has been advertised by notices at the site and the 3 nearest residential properties have been individually notified. Three representations have been received in response to this publicity.

4.6 All representations object to the proposal on the following grounds :  The lagoon will be too close to residential properties and detrimental to residential amenity. The odour and flies from the slurry lagoon and the increase of vehicle noise will cause a nuisance to local residents.

 The farming operations at this site have expanded and outgrown the area, given the close proximity of other residential properties. There are already a number of unsightly and un-neighbourly agricultural developments on the site. Combined with these the lagoon will have an overbearing and cumulative detrimental impact on residential amenity.

 There will be a loss in the market value of residential properties in the vicinity.

 Two respondents suggest that the lagoon should be covered for safety reasons. It is also suggested that an alternative site would be more acceptable and allow the applicant to develop the business without causing them undue stress and concern to neighbouring residents.

4.7 Berrington Parish Council : Concerns are raised in relation to the objections of local residents in Cantlop due to the close proximity (70m) of the slurry lagoon to dwellings. Note has been made of the reply by Mr Ashley, but it does not address the main concerns. Berrington Parish Council objects to this application on these grounds.

5.0 THE MAIN ISSUES  Principle of development.  Impact of the siting and scale of the slurry lagoon on the character and appearance of the surrounding countryside.  Impact on neighbouring properties.

6.0 OFFICER APPRAISAL 6.1 Principle of Development 6.1.1 Policy CS13 of the Shropshire Council Core Strategy recognises the importance of agriculture and farming within the County and as such supports development associated with agricultural purposes. The Core Strategy also requires any agricultural development to comply with the requirements of policy CS5, which states that the development should demonstrate that there are no unacceptable environmental impacts and Policy CS6 which seeks to safeguard residential amenity.

6.2 Impact of the siting and scale of the slurry lagoon on the character and appearance of the surrounding countryside.

6.2.1 The proposed slurry lagoon is required for the expanding operations of the farm and will be located on land within the existing farmstead. It is noted that the proposed slurry lagoon has been designed to comply with Nitrate Vulnerable Zones regulations, which require farms to have slurry storage facilities for at least 22 weeks. The size of the lagoon required for Meadow Bank Farm has been calculated in accordance with these regulations and guidance from Defra and the Environment Agency.

6.2.2 In terms of appearance the development will appear as a raised bank and a 1.8 metre perimeter fence. Overall it is considered that the slurry lagoon should be an unobtrusive feature which will have a minimal impact upon its surroundings. The perimeter fencing will be visible, however, this would be against the backdrop of existing farm buildings. Access to the lagoon will be via the existing farmyard and no new access routes are required. There are no public footpaths running nearby and the closest roads are too far away for the lagoon to appear as a noticeable feature within the landscape. As such it is considered that the siting is acceptable and the lagoon should not impact on the character or visual amenity of the surrounding open countryside. The proposal therefore accords with policies CS5 and CS6 of the Shropshire Core Strategy.

6.2.3 Spare capacity or “freeboard” has been incorporated into the design of the lagoon to absorb rainfall. The development should not therefore have any implications for surface water drainage in the area and this complies with the aims of Core Strategy policy CS18 on Sustainable Water Management.

6.3 Impact on neighbouring properties/residential amenity

6.3.1 There are a number residential properties within relatively close proximity to Meadow Bank Farm and therefore the impact of the proposed lagoon upon residential amenity is a key consideration. In light of this discussions have taken place between Environmental Health Officers and the Agent / Applicant and as a result of this the following measures were agreed :  The siting of the lagoon was moved around 20 metres to the south west from the location originally proposed.  It has been agreed to use a chemical agent within the lagoon to reduce ammonia release to the air and subsequent odours. A condition has been added to the permission to ensure this agent is used. 6.3.2 The Applicant has also advised that a screening line of trees has been planted and although this is in its infancy it is believed that when mature will further reduce odour spreading to the surrounding community. In addition the new lagoon will replace an existing slurry store. Although smaller this is closer to neighbouring properties as it is on the eastern side of the farm complex and, as it is a weeping wall system, it emits more odour and attracts more flies.

6.3.3 In light of the above Environmental Health Officers are of the opinion that the proposed lagoon should not have an overriding detrimental impact on the residential amenity of the neighbouring properties. Therefore the proposal is deemed to be in accordance with policy CS6 of the Shropshire Council Core Strategy.

7.0 CONCLUSION

7.1 The proposed development is not considered to have an adverse impact on the character of the surrounding open countryside or the amenities of neighbouring properties. Furthermore it is considered that the slurry can be contained adequately with no detrimental impact the surrounding environment. As such the proposed development is considered appropriate in accordance with policies CS5, CS6, CS13, CS17 and CS18 of the Shropshire Core Strategy. Approval is therefore recommended.

8.0 RISK ASSESSMENT AND OPPORTUNITIES APPRAISAL

8.1 Risk Management There are two principal risks associated with this recommendation as follows:  As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal - written representations, a hearing or inquiry.  The decision is challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be a) promptly and b) in any event not later than three months after the grounds to make the claim first arose first arose.

Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non-determination for application for which costs can also be awarded.

8.2 Human Rights

Article 8 give the right to respect for private and family life and First Protocol Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community. First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.

This legislation has been taken into account in arriving at the above recommendation.

8.3 EQUALITES

The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in planning committee members’ minds under section 70(2) of the Town and Country Planning Act 1970.

9.0 FINANCIAL IMPLICATIONS

There are likely financial implications of the decision and/or imposition of conditions is challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependant on the scale and nature of the proposal. The financial implications of any decision are not a material planning consideration and should not be "weighed" in planning committee members' mind when reaching a decision.

10. BACKGROUND

Relevant Planning Policies

Central Government Guidance: National Planning Policy Framework

West Midlands Regional Spatial Strategy Policies: PA14 : Economic Development and the Rural Economy QE1 : Conserving and Enhancing the Environment QE3 : Creating A High Quality Built Environment For All

Core Strategy and Saved Policies: CS5 : Countryside and the Green Belt CS6 : Sustainable Design and Development Principles CS13 : Economic Development, Enterprise and Employment CS17 : Environmental Networks. CS18 : Sustainable Water Management

RELEVANT PLANNING HISTORY:

12/01242/FUL : Erection of steel portal framed end extensions to existing livestock buildings GRANTED PERMISION 27th April 2012

11/05472/FUL Erection of an agricultural storage building for housing livestock GRANTED PERMISSION 27th January 2012 09/01003/AGR : Erection of an agricultural building for the storage of fodder : PRIOR APPROVAL NOT REQUIRED 6th July 2009

11. Additional Information

List of Background Papers : Planning Application Reference : 12/02014/FUL

Cabinet Member (Portfolio Holder) Cllr M. Price Local Member Cllr Claire Wild

Appendices APPENDIX 1 - Conditions APPENDIX 1

Conditions

STANDARD CONDITION(S)

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the approved plans and drawings.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

CONDITION(S) THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO OCCUPATION OF THE DEVELOPMENT

3. Prior to first use of the slurry lagoon hereby approved details of the method and treatments to be used to reduce odour shall be submitted to the Local Planning Authority for prior approval. The approved details shall be implemented for the lifetime of the use of the slurry lagoon.

Reason: to protect the amenity of local residents.