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DEVELOPMENT CONTROL AND REGULATORY BOARD
15TH JULY 2004
REPORT OF THE DIRECTOR OF COMMUNITY SERVICES
APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS
LEICESTERSHIRE COUNTY COUNCIL – CONSTRUCTION OF A SLURRY STORE AND EARTH BUND – WILLOWBROOK FARM, MOWSLEY LANE, WALTON BY KIMCOTE, LUTTERWORTH (HARBOROUGH DISTRICT)
2004/0689/03 – 4th May 2004
Location of Proposal
1. Willowbrook Farm is situated on Mowsley Lane to the north east of the village of Walton. This established dairy farm consists of 66 acres (27 ha) and supports 60 dairy cows and 30 followers. The application site is slightly sloping and forms part of the farm yard area. It is surrounded by open farmland to the north, east and west, and a close boarded fence and the main farm buildings to the south.
Description of Proposal
2. It is proposed to construct a new slurry store together with an adjacent screening earth bund. There is currently no slurry storage facility at the farm. The proposed slurry store would measure approximately 28m x 15m x 2.1 m deep and would be made from precast concrete panels. Dirty water would drain from the store through weeping wall panels into an existing public sewer connection.
3. To create a flat base and set the store 0.6m into the ground, approximately 277m3 of soil would need to be removed. The excavated earth from the construction stage would be used on-site and be placed to the west of the slurry store in order to screen it from view. The soil would be arranged in a north-south direction to form a 2.0m high, 27m long x 9m wide flat-topped embankment and would be seeded with grass. No part of the completed slurry store would be visible from the west of the site.
4. The view of the proposed site is obstructed from the road by the close boarded fence and main farm buildings to the south and is screened from the nearest neighbouring property in the east by mature vegetation. 2 2004/0689/03 – continued
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Planning Policy
5. The development plan in this instance is made up of the Leicestershire Structure Plan and the adopted Harborough District Local Plan, February 2001. The following policy from the Local Plan is particularly relevant to this proposal:
6. Leicestershire Structure Plan Strategy Policy 4: Development in the Countryside suggests that built development or other development having a significant adverse effect on the appearance or character of the landscape will not normally be appropriate. However, provision may be made for ….. limited small scale development for employment and leisure uses where there is limited adverse effect on the appearance and character of the landscape. The Leicester, Leicestershire & Rutland Structure Plan (as proposed to be modified July 2003) contains policies with a similar intent.
7. The site is shown on the Proposals Map of the Local Plan within the open countryside and is subject to Policy EV5 which suggests that development in the countryside will be strictly controlled. The District Council will refuse planning permission for development proposals in the countryside unless:-
i) it is essential to the rural economy and cannot reasonably be provided within or adjacent to an existing settlement; ii) it does not adversely affect the character and appearance of the countryside; iii) it does not adversely affect the amenities of residents in the area; iv) any new buildings are sited in a position that minimises their impact on the landscape and on important views into and out of villages; v) the design, materials, massing and bulk of any buildings should combine to minimise the impact on the character and appearance of the countryside; vi) the development is accompanied by a landscape scheme appropriate to its siting and location; vii) the development does not adversely affect areas of ecological or archaeological significance; viii) a satisfactory access can be provided without adversely affecting the character and appearance of the area; ix) there is capacity in the local road network to accommodate the type of traffic likely to be generated by the development.
8. Policy IN/1 suggests that new development will be granted which achieves a good standard of layout and design, is in keeping with the scale and character of its surroundings and when certain criteria are met. These criteria relate to development which is appropriate in height and scale; accords with the character of the area; makes the best use of the site; respects the privacy of nearby dwellings; provides appropriate landscaping; is appropriate in traffic and highway terms; has sufficient car parking; protects amenities of neighbours; provides adequate drainage; provides access for disabled people etc; respects wildlife habitats; minimises the opportunity for crime and promotes energy conservation.
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Consultations
Harborough District Council
9. No objection.
Kimcote & Walton Parish Council
10. No objection.
Archaeological Advice
11. No comment.
Environment Agency
12. No objection, but makes comments regarding uncontaminated water being separated from foul water to reduce the rate the slurry tank would fill, fitting storage tanks with alarms when full, slurry must not be stored within 10 metres of any watercourse or ditch, and the applicant must comply with the relevant regulations.
Publicity
13. The application has been advertised by means of site notices that were posted on 7th May 2004. No representations have been received in the timescale prescribed.
Assessment of Proposal
14. The slurry store would not be visible from outside the site. It would be screened by existing fencing, the main farm buildings, mature vegetation along field boundaries around the farm, and the soil bund to be constructed to the west from the excavated spoil from the development. The bund would be agricultural in appearance, would be grass seeded and would be in keeping with the character of the landscape.
15. The slurry and resulting dirty water would only be disposed of via the existing public sewer and not transported elsewhere, therefore, the proposal would not lead to any increase in traffic.
16. Any potential odour nuisance resulting from the slurry store could be addressed by a condition requiring the implementation of an odour mitigation scheme.
17. The Farm’s ‘Farm Waste Management Plan’ submitted as part of the planning application already addresses the issues raised by the Environment Agency to prevent pollution of the environment by the development.
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18. Consequently the proposal when considered against the relevant criteria set out in the relevant policy of the Local Plan is acceptable in planning terms and is recommended for approval accordingly.
Recommendation
A. Permit subject to the conditions, as set out in the appendix.
B. To endorse, as required by the Town & Country Planning (General Development Procedure) Order 1995 (as amended) a summary of the:
(i) Policies and proposals in the development plan which are relevant to the decision, as follows:
This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant Development Plan policies, including the following, and those referred to under the specific conditions, as set out in the appendix: -
Leicestershire Structure Plan Strategy Policy 4 Harborough District Local Plan: Policies IN/1 & EV5
(ii) Reasons for the grant of planning permission as follows:
The County Council considers that the environmental benefits associated with the proposal outweigh any potential harm to the amenity of the area, and that any such harm would reasonably be mitigated by the imposition of the conditions, as set out in the appendix.
Circulation Under Sensitive Issues Procedure
Mr. I. M. Morris, CC
Officer to Contact
Miss A. Baker (Tel. 0116 265 7054) Email: [email protected]
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Conditions
1. The development hereby permitted shall be begun within 5 years of the date of this permission.
2. Unless otherwise agreed in writing by the Director of Community Services, the development hereby permitted shall be carried out in accordance with the details contained in the submitted application No. 2004/0689/03 and accompanying drawings nos. 2004/0689A/03, Willow 1, and Willow 3.
3. In the event of any complaint, relating to odour emanating from the site and considered to be reasonable by the Director of Community Services, a scheme of mitigating measures shall be submitted to the Director of Community Services for written approval within two weeks of the complaint occurring. The scheme of measures shall seek to minimise the effects of the nuisance and mitigate the offending circumstances. The scheme of measures shall be implemented within seven days following written approval.
4. Within three months of the installation of the stores hereby permitted the earth bund shall be provided in accordance with the submitted plans and shall be sown in a satisfactory manner to an approved grass seeding mixture or other crop, in accordance with a scheme to be first agreed in writing by the Director of Community Services.
5. Roof drainage and other clean uncontaminated surface water shall be separated from the foul and contaminated yard drainage.
6. Storage tanks shall be fitted with a warning alarm capable of alerting the tenant when waste water in the tank reaches the freeboard level.
7. Slurry shall not be stored within 10 metres of any watercourse or ditch.
Reasons
1. To comply with section 91 of the Town and Country Planning Act 1990
2. To ensure that the development is carried out in accordance with the submitted application.
3. To protect the amenities of the local residents. (Harborough District Local Plan Policy IN/1).
4. To enhance the appearance of the development. (Harborough District Local Plan Policy IN/1).
5. In order to reduce the rate at which the slurry tank will fill. (Harborough District Local Plan Policy IN/1).
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6&7 In order to prevent over filling and to protect the environment. (Harborough District Local Plan Policy IN/1).
Note to Applicant
Your attention is drawn to the contents of the letter dated 14th June 2004 from the Environment Agency attached to this planning permission. ______
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DEVELOPMENT CONTROL AND REGULATORY BOARD
The considerations set out below apply to all preceding applications.
EQUAL OPPORTUNITIES IMPLICATIONS
Unless otherwise stated in the report there are no discernible equal opportunities implications.
IMPLICATIONS FOR DISABLED PERSONS
On all educational proposals the Director of Education and the Director of Resources will be informed as follows:
Note to Applicant Department
Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984.
You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.
BACKGROUND PAPERS
Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.
SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990
Members are reminded that Section 54A of the 1990 Act requires that:
“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”
Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.
The circumstances in which the Board is required to “have regard” to the development plan are:
Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.
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