P/2016/0779 Lake Farm, Churchstoke, Montgomery, Powys

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0779 Grid Ref: 324285.13 291469.94

Community Churchstoke Valid Date: Officer: Council: 27/07/2016 Tamsin Law

Applicant: Mr. Nicholas Evans J.D Evans and Son, Lake Farm, Churchstoke, Montgomery, Powys, SY15 6TG

Location: Lake Farm, Churchstoke, Montgomery, Powys, SY15 6TG

Proposal: Erection of two broiler houses and associated works, improvements to existing access and creation of passing-bay.

Application Application for Full Planning Permission Type:

The reason for Committee determination The application is subject to an Environmental Statement.

Site Location and Description The proposed site for the broiler units is within enclosure 2356 immediately south of the modern farm buildings and south west of Lake Farm house.

The field rises gently towards the south and south-west and beyond the field boundary more steeply towards Lake Wood and the Kerry Hills. A lake is located to the east of the proposed site within the adjacent field. An open field ditch runs along the southern boundary of the enclosure feeding into the lake. To the east of the location of the proposed units are two existing units measuring approximately 103 metres in length, 25 metres in width with a maximum height of 4.8 metres (5.55 metres to top of the ventilation fans) falling to 2.6 metres at the eaves. Four feed hoppers are sited at the northern end of the units.

Full planning permission is now sought to expand the poultry enterprise through the provision of two poultry units, five feed silos, the extension of hardstanding and associated landscaping and entrance improvements. It is proposed that each unit would house a maximum of 45,000 broilers.

The proposed buildings would measure 119 metres in length, 22 metres in width, with a maximum height of 4.8 metres (5.55 metres to the top of the ventilation fans) falling to 2.6 metres at the eaves. The feed silos will be located at the northern end of the units and would have a maximum height of 8 metres.

The access to the broiler units would be through the existing access to the existing poultry units.

Lake Farm is situated north of the Kerry Ridgeway within the undulating landscape of a small tributary of the Caebitra. The valley floor predominantly comprises glacial drift deposits with mounds suggesting drumlins, with Lake Farm situated in a natural bowl amongst these.

The farm includes predominantly improved grassland and arable interspersed with small conifer plantations and broadleaved woodlands. Fields are medium sized and generally bounded by wire and/or maintained hedgerows comprising native species predominantly Hawthorn and Blackthorn. Hedgerow trees are sparse and generally mature to over-mature Oak, Ash and Willow.

The character of the landscape immediately around Lake Farm comprises fairly intensively farmed agricultural land giving way to grazing land and conifer plantations on the steeper slopes to the south. Copses of mixed species and tree groups along watercourses occur through the undulating lower ground. The landscape is characterized by scattered farms and cottages with clustered groups of 2/3 dwellings/farms at Pentrenant, Bacheldre and Pentreheyling. In addition to the traditional farm buildings there are large modern farm buildings including broiler houses at Pentreheyling and large pig units at Bacheldre and Claerwen.

The units and associated ground works will be visible or partly visible from a number of residential properties: - Lake Farmhouse, Number '3' Lake Farm and Lyn Isaf, all of which are in the ownership of the applicant’s immediate family. A section of the proposed units not screened by the existing farm buildings will be visible from Highfields which is located to the north of Lake Farm.

The site is also visible from Pentrenant Hall (Grade II Listed Building) located approximately 330 metres to the southwest. This elevated property has panoramic views across the Camlad valley towards the Corndon and Roundton hills.

Located approximately 1.23km from the site is the Mellington Hall Historic Gardens.

Located approximately 1.37km from the site is Offas Dyke.

Consultee Response Churchstoke CC No comments received by Development Management at the time of writing this report.

PCC – Highways You will be aware that the Highway Authority was unable to support the previous application namely P2014/0752 please see the Highways recommendation.

I appreciate the junction is now being widened to facilitate the wheel tracks of an artic that are currently serving the complex. The applicants are also proposing one passing bay to mitigate against the extra large scale traffic.

If you are minded to approve the application please apply the following conditions:-

“Prior to any works commencing on site the junction of the C2151/U2693 shall be improved as detailed on the approved plan to the written satisfaction of the LPA”

Prior to the operational use of the chicken units the applicant shall construct 1 passing bay, in a location to be agreed in writing by the Local Planning Authority. The passing bay shall be

2 constructed up to adoptable standard prior to any works being commenced on the development site.

All vehicles associated with the chicken units shall travel along the A489/C2151/U2693 to enter and egress the site respectively.

PCC - Building Control No comments received by Development Management at the time of writing this report.

Wales & West Utilities No comments received by Development Management at the time of writing this report.

Severn Trent Thank you for the opportunity to comment on this planning application. Please find our response noted below:

Waste Water Comments: With Reference to the above planning application the company’s observations regarding sewerage are as follows.

I can confirm having checked our statutory sewer records there are no sewers within the site area and therefore we have no comment to make.

PCC - Environmental Health Noise control:

I am satisfied with the conclusion of the noise impact assessment. In order to ensure the protection of amenity I would recommend the following condition:

“The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall only take place within the hours of 0800 to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays and not at any time on Sundays, Bank or Public Holidays (this condition excludes bird movements only).”

Odour control:

I am satisfied with the conclusion of the odour impact assessment in that none of the properties which are outside the control of the applicant are predicted to experience an unacceptable odour from the development. Also, all manure is to be immediately exported off site, therefore odour from manure storage is not a consideration.

PCC - Rights of Way No response received by Development Management at the time of writing this report.

PCC - Built Heritage Thank you for consulting me on the above application.

I note the landscape that the proposed broiler units and biomass boilers and woodchip storage are to be located which is very attractive and contains a number of designated heritage assets namely;

Pentrenant Hall grade ll Cadw ID 17366 included on the statutory list on 01/10/1996, Pentrenant Farmhouse grade ll Cadw ID 7705 included on the statutory list on 26/10/1953

I note that the site lies within a designated Registered Landscape of the Vale of Montgomery and within the character area of Cwm. http://www.cpat.org.uk/projects/longer/histland/montgom/1078.htm

I am mindful of the advise in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which states “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 8th edition 2016 which states, “ Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.”

Cadw have prepared guidance on the setting of historic assets that is currently out for consultation, and whilst still out for consultation and not adopted the advice on how to assess the setting of listed buildings could be referred to, with the caveat that there may potentially be changes as a result of the consultation process. In addition to advice on how to assess the visual setting of listed buildings, advice on less tangible elements, including sensory perceptions such as noise and smell are included in the guidance. http://cadw.gov.wales/historicenvironment/policy/historicenvironmentbill/guidancedocuments/ ?lang=en

The emerging document outlines the principles used to assess the potential impact of development or land management proposals on the settings of all heritage assets but is not intended to cover the impact on the setting of the historic environment at a landscape scale.

The document advises that “Setting is the surroundings in which a historic asset is understood, experienced and appreciated, embracing present and past relationships to the surrounding landscape……The setting of a historic asset is not fixed and can change through time as the asset and its surroundings evolve. These changes may have a negative impact on the significance of an asset; for example, the loss of the surrounding physical elements that allow an asset to be understood, or the introduction of an adjacent new development that has a major visual impact. But changes can also have a positive impact that may enhance the setting, such as the removal of traffic from part of a historic town, or the opening up of views, or the return of a sense of enclosure to sites where it has been lost”

The document provides advice on how to assess the setting

This section outlines the general principles that both assessors and decision makers should consider when assessing the impact of a proposed change or development on the setting of historic assets. There are four stages.

Stage 1: Identify the historic assets that might be affected by a proposed change or development and their significance.

Stage 2: Define and analyse the settings to understand how they contribute to the ways in which the historic assets are understood, appreciated and experienced.

Stage 3: Evaluate the potential impact of a proposed change or development on those settings.

Stage 4: Consider options to mitigate the potential impact of a proposed change or development on those settings.

The heritage assets have been identified as; Pentrenant Hall grade ll Cadw ID 17366 included on the statutory list on 01/10/1996, Pentrenant Farmhouse grade ll Cadw ID 7705 included on the statutory list on 26/10/1953

Pentrenant Farmhouse is the older of the listed buildings dating from the C17th. The house is a substantial house with long main range and 2 cross wings, and is listed as an impressive large-scale sub-medieval farmhouse retaining its plan form and some high quality detailing. The property.

The property faces south east onto the unclassified road, and has a range of traditional barns to the east, and more modern buildings to the south completing the farm courtyard. A stone wall bounds the site against the road and is a very attractive grouping. Larger more modern buildings are to the norther of the farmhouse sited behind the traditional buildings and not readily visible from the adjoining road. The farmbuildings and wall enclose the farmhouse and with the farmhouse clearly visible from the unclassified road, the views of this impressive large-scale sub-medieval farmhouse are most evident from the eastern roadside.

Pentrenant Hall is a later building erected in the early C19th possibly replacing the farmhouse as the primary residence of the farmstead. It is approached by a driveway with ornate caste iron piers and is not readily visible from the unclassified road. The property was constructed as a small country house in a Tudor-Gothic style with a complex picturesque massing of main block and service wing.

The house has its principal elevation facing the drive to the north/northwest, and has reception rooms to the rear facing south/south east. The significance of the building is reflected not only it’s the architecture of the principal building but also in its associated curtilage buildings such as; the ha-ha and ice house. The garden has been identified on Coflein as a garden depicted on the Second Edition Ordnance Survey 25-inch map of Montgomeryshire XXXVII, sheet 16 (1903). Its main elements on that map include a carriage drive, greenhouse, icehouse, kitchen garden, possible summerhouse and a tennis court.

The proposal would be sited a little distance to the north east of the 2 listed buildings. Lake Farm is visible from the unclassified road that serves Pentrenant Hall and Pentrenant Farmhouse and is clearly visible from the entrance gates to Pentrenant Hall. However Pentrenant Hall itself is not visible from that location. However Lake Farm will be visible from the driveway of Pentrenant Hall with the main views when travelling north, that is when leaving Pentrenant Hall.

Pentrenant Farmhouse is not readily visible from that location with the modern property of Pentrenant being sited between these 2 points and screening the historic farm complex at that point. When Pentrenant farmhouse is clearly visible from the highway, Lake Farm is out of view.

The principal views from Pentrenant Farmhouse are from the front and rear and also Pentrenant Hall which are on slightly different orientations but have the principal views to the north and south.

Given the topography of the area, the short term views of the proposal against the listed buildings would mean that the proposal and the listed buildings are not readily viewed together. However there would be longer term views from higher ground where both the proposed broiler houses and the listed buildings will be viewed together. However the topography and mature woodland currently existing screen views intermittently when travelling.

The visual aspect of setting of listed buildings is primarily addressed in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which confirms that “ The setting is often an essential part of a building's character”, and continues that “they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

Both listed buildings are sited within open countryside as is the proposal. It is noted that the proposal is for large agricultural buildings which are a more recent introduction to the rural landscape where agricultural buildings have become increasingly larger as farming practises evolve and change.

Given the lack of short term intervisibility between the listed buildings and the proposal, I could not conclude that the proposal would adversely visually affect the setting of these 2 listed buildings.

However the long term views affords views of the listed buildings and the proposal, and the long term setting of the listed buildings is contained within the impact of the proposal on the character and appearance of the Registered Landscape.

The proposal can be viewed from higher ground, and is within the Registered Landscape which affords views over the Vale of Montgomery. Whilst not objecting to the proposal on the setting of listed buildings, if the proposal is considered acceptable within the Registered Landscape, I would request that appropriate and robust conditions be imposed in terms of landscaping and screening to alleviate the impact of any long term views from higher ground.

PCC - Contaminated Land

In relation to Planning Application P/2016/0779 there are no concerns in respect of land contamination.

PCC - Land Drainage No response received by Development Management at the time of writing this report.

Cadw Thank you for your e-mail of 27 July 2016 inviting our comments on the planning application for the proposed development as described above.

Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas.

Applications for planning permission are considered in light of the Welsh Government’s land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. PPW also explains that local authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales.

The proposed development is located in the vicinity of the registered historic park and garden known as Mellington Hall (PO28). The proposal is outside of the boundary and essential setting and is shielded by an intervening low hill.

Having carefully considered the information provided with the planning application, we consider that the proposed development will have no impact on the aforementioned designated historic asset.

Welsh Historic Gardens Trust No response received by Development Management at the time of writing this report.

PCC - Ecologist

NRW 1st Response

Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.

We recommend that that you should only grant planning permission if the scheme can meet the following requirement and you attach the condition listed below. These would address significant concerns that we have identified. Therefore, we would not object provided the requirements are met and you attach the conditions to the planning permission.

Requirement Summary

Requirement 1 – Applicant needs to either confirm that the arable land on which the manure is to be spread is not in their ownership or if it is in their ownership the applicant will need to submit a manure management plan.

Condition Summary

Protected Sites: Air Quality

NRW’s current air quality screening criteria consider the impact that a unit may have on any SSSI within 5km of the unit and any SAC within 10km of a poultry unit.

NRW have reviewed the submitted air quality report and wish to make the following comments:

SACs within 10km Montgomery Canal SAC

The receptors for this site is numbered 26 – 29 in table 4 of the air quality report.

The background ammonia is 1.73μg/m3 and background nitrogen deposition is 17.08kgN/ha/yr.

The ammonia critical level is 3μg/m3 and the nitrogen critical load is 10 kgN/ha/yr for the site. The farm contribution to ammonia is 0.008μg/m3 (0.267%of critical level) and to nitrogen is 0.0416kgN/ha/yr (0.416% of the critical load).

SSSI within 5km

Coed Pentre SSSI:

The receptors for this site is numbered 24 and 25 in table 4 of the air quality report. The site is a good example of ash-wych elm woodland with abundant hybrid oak. The background ammonia is 1.92μg/m3 and background nitrogen deposition is 33.74kgN/ha/yr.

The ammonia critical level is 1μg/m3 and the nitrogen critical load is 10 kgN/ha/yr for the site. The farm contribution to ammonia at receptor 24 and 25 is 0.017 and 0.219μg/m3 (7 and 21.9%of critical level) and for nitrogen is 0.1326 and 1.7082 kgN/ha/yr (1.3% or 17.1%% of the critical load) at receptor 24 and 25.

Having reviewed the detailed model, the process contributions of ammonia and nitrogen deposition from this proposed unit appear to be below the thresholds that we apply in our assessment of potential impacts on the any relevant SAC or SSSI in relation to planning. It should be noted that the assessment of the aerial emissions from this site for a permit will have to take in to account additional factors.

Discharge (of Effluent) to ground or surface waters: In our pre application response NRW explained to the applicant that we would recommend that the applicant submit a detailed plan showing how the applicant intends to disposal of both foul and surface water from the development. Having reviewed the ES this plan does not appear to have been submitted.

The design and access statement states that all surface water drainage will be connected to a new rubble soakaway located within the applicants adjoining land. It is not clear where this soakaway is located in relation to the nearby water course.

The applicant states in the ES that dirty water from the clean out process will be stored in an underground tank and that this water will be spread on the holding at appropriate times and conditions in accordance with DEFRA best practice guidelines. It is not clear how dirty water from the yard will be managed during the clean out process (i.e. whether water from the yard will drain to the soakaway, or to the sealed tank, or whether a switch system will be used during clean out).

Condition 1 - It is recommended that any planning consent should include a condition requiring full details of the disposal of foul and surface water to be approved by the LPA prior to commencement of development. Clean, uncontaminated surface waters should be disposed of by means of sustainable drainage principles. Any soakaways should be directed away from existing surface waters. The development must be drained by a separate system of foul and surface water drainage, with all clean roof and surface water being kept separate from foul water.

The proposal plans suggest that a dirty water effluent tank will be installed. We advise the applicant need to ensure that any effluent tank be constructed to meet SSAFO Regulations (Wales) 2010.

The work should also be compliant with all appropriate pollution control measures to ensure that the water environment (both groundwater and surface water) is not polluted.

The written consent of NRW or registration for exemption by the developer will be required for any discharge (e.g. foul drainage to a watercourse/ditch etc.), from the site and may also be required for certain categories of discharges to land. All necessary NRW consents, or exemptions must be obtained prior to works progressing on site. https://naturalresources.wales/apply-and-buy/waste/waste-permitting/do-you-need-to-apply- for-a-permit-or-register-an-exemption/?lang=en

Manure management plan: The applicant states in the Environmental Statement that all manure will be removed from the shed by diggers and loaded directly onto waiting trailers, the trailers will be sheeted and the manure will be spread on arable land or used as fuel in a local bio-digester. If no manure is to be stored on site and none of the manure is to be spread on land within the applicant’s ownership then NRW would not request that the applicant submit a manure management plan as part of this planning application. However the applicant needs to clarify that this is the case, if manure is to be spread on land within the ownership/control of the applicant then NRW would expect the applicant to submit a manure management plan.

Environmental Permitting Regulations: As the proposal will increase the number of birds on the holding by 90,000 birds it will be necessary to seek a variation to your Environmental Permit under the Environmental Permitting Regulations 2010 from Natural Resources Wales. We will not issue a permit unless satisfied that a high level of protection is provided for the environment and human health. Any permit issued would be concerned with the operation and control of the process within a defined boundary once the facility has been built.

The grant of planning permission does not permit activities that require consent, licence or permit under other legislation. It is the applicants responsibility to ensure that all relevant authorisations are obtained before any work commences on site.

Historic Landscape:

The proposal may affect the Vale of Montgomery Landscape of Outstanding Historic Interest. While this is not a statutory designation, chapter 6 of Planning Policy Wales (PPW) states that it is a material consideration in the planning process and must be given due regard when reaching a determination. We recommend that you consult the National Park’s internal landscape specialist on any local/regional landscape interests.

Protected Species: An ecological assessment has been submitted in support of this application, NRW have reviewed the assessment and consider it to be satisfactory. NRW agree with the conclusions of the report and the recommendations in section 4 of the report.

Natural Environment and Rural Communities (NERC) Act: Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision and management of “linear” and “stepping stone” habitats.

To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

In summary we recommend that that you should only grant planning permission if the scheme can meet the requirement and you attach the condition listed above. These would address significant concerns that we have identified. Therefore, we would not object provided the requirements are met and you attach the conditions to the planning permission.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

2nd Response This letter is to be read in conjunction with our correspondence on the 26/8/16. This letter specifically supersedes our advice in relation to requirement 1 listed in our previous correspondence however all other advice remains the same.

We recommend that you should only grant planning permission if you attach the following condition. This condition would address significant concerns that we have identified and we would not object provided you attach it to the planning permission.

Condition Summary Condition 1 - It is recommended that any planning consent should include a condition requiring full details of the disposal of foul and surface water to be approved by the LPA prior to commencement of development.

Discharge (of Effluent) to Ground or Surface waters NRW have previously recommend that the applicant submit a detailed plan showing how the applicant intends to disposal of both foul and surface water from the development and this is still the case.

Manure Management In our previous correspondence NRW requested that the applicant clarify where the manure generated by the development would be spread. The Environmental Statement explained that all manure will be removed from the sheds and the manure will be spread on arable land or used as fuel in a local bio-digester. If manure is to be stored on site or spread on land within the applicant’s ownership then NRW would request that the applicant submit a manure management plan in support of the planning application. The applicant has clarified that the manure will be sold off site and not spread on land within the ownership of the applicant. Provided that this is the case then NRW would not expect the applicant to submit a manure management plan and NRW would withdraw our request for requirement 1 listed in our previous correspondence to be fulfilled.

In summary we recommend that you should only grant planning permission if you attach the following condition. This condition would address significant concerns that we have identified and we would not object provided you attach it to the planning permission.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

Welsh Govt Planning No response received by Development Management at the time of writing this report.

Open Spaces Society No response received by Development Management at the time of writing this report.

Powys Ramblers Thanks for the opportunity to comment on this application.

We have no comments to make on this application but in the event of permission being granted can the applicant please be made aware of the necessity of making sure that the nearby footpaths are not obstructed during any works and that they remain fully available for public use during and after any works. It is also important for signposting to be good at this location to ensure that foot path users do not inadvertently stray into the area of the proposed broiler houses. Can this be included as an informative in any decision letter please.

Cllr Kath Roberts-Jones Can you advise me as to the progress of this application and when it is likely to go to committee. You may recall I am dealing with this as Cllr Michael Jones the local member has had to declare and interest.

Representations

The application was advertised through the erection of a site notice and press advertisement. Five objections have been received and are summarised below;

 Highway safety concerns  Proposed site is unsuitable for additional traffic and HGV lorries  The bridge between Pentrehaylig and Bacheldre Mill has been damaged on a number of occasions  Damage to the setting of a listed building  Spoils the views from local footpaths  Existing planting to screen the existing units is inadequate  Concerns over the odour from the existing units

Planning History SO/2016/0004 – Screening Opinion request under EIA regulations 1999: Expansion of existing poultry complex with the construction of two further broiler houses and associated works. EIA Required P/2014/0752 - Erection of two broiler poultry buildings with associated hardstanding, feed bins, new vehicular access and associated landscaping. Conditional Consent.

Principal Planning Constraints Historic_Landscapes___Register Outstanding

Principal Planning Policies

National Planning Policy

- Planning Policy Wales (8th Edition, 2016)

- Technical Advice Note 5 – Nature Conservation and Planning (2009) - Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) - Technical Advice Note 11 – Noise (1997) - Technical Advice Note 12 – Design (2016) - Technical Advice Note 13 – Tourism (1997) - Technical Advice Note 15 – Development and Flood Risk (2004) - Technical Advice Note 16 – Sport, Recreation and Open Space (2009) - Technical Advice Note 18 – Transport (2007) - Technical Advice Note 23 – Economic Development (2014)

- Welsh Office Circular 11/99 – Environmental Impact Assessment - Welsh Office Circular 61/96 -– Planning and the Historic Environment

- Natural Environment and Rural Communities Act (2006)

Local Planning Policy

- Powys Unitary Development Plan (2010)

SP3 – Natural, Historic and Built Heritage SP4 – Economic and Employment Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements 16

ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV4 – Internationally Important Sites ENV5 – Nationally Important Sites ENV6 – Sites of Regional and Local Importance ENV7 – Protected Species EC1 – Business, Industrial and Commercial Developments EC7 – Farm/Forestry Diversification for Employment purposes in the Open Countryside EC9 – Agricultural Development EC10 – Intensive Livestock Units RL6 - Rights of Way and Access to the Countryside TR2 – Tourist Attractions and Development Areas DC3 – External Lighting DC9 – Protection of Water Resources DC13 – Surface Water Drainage DC14 – Development and Flood Risk

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Introduction

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.

Environmental Impact Assessment Regulations 2016

Part 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2016 details development proposals and associated thresholds defining where a development proposal constitutes EIA development. These are contained in Schedule 1 and 2 of the Regulations. Schedule 1 of the regulations lists those developments where EIA is mandatory and Schedule 2 where the development must be screened to determine if it is EIA development.

Schedule 1 of the Regulations states that the threshold for the “intensive rearing of poultry is 85,000 places for broilers or 60,000 for hens”. Whilst an Environmental Impact Assessment is not a mandatory requirement for the proposed development, the floor area of the proposed building exceeds the applicable threshold of 500 square metres and therefore for the purposes of the regulations is Schedule 2 development requiring a screening opinion to be issued by the Local Planning Authority.

Members are advised that the proposed poultry development was assessed against the selection criteria contained within Schedule 3 of the Regulations, with the opinion being that

17 the development was EIA development by virtue of the cumulative total number of broilers exceeding the relevant threshold and its scale, location, characteristics of the development and the characteristics of the impact of the development.

On the basis of the above, the planning application is accompanied by an Environmental Statement.

Article 3 (3) of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016, states:

“The relevant planning authority or the Welsh Minister or an inspector must not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have taken the environmental information into consideration, and they must state in their decision that they have done so”.

Principal of Development

Policies EC1, EC7, EC9 and EC10 accept the principle of appropriate agricultural development within the open countryside. In light of the above, Officers are satisfied that the principle of the proposed development at this location is generally supported by planning policy.

Farm Diversification

Lake Farm is an extensive mixed farm enterprise which diversified into poultry farming in 2014 in order to supplement the farm income and enhance future sustainability. The applicants now wish to further expand on the enterprise.

Planning policy acknowledges that rural enterprises play a vital role in promoting healthy economic activity within rural areas. Planning Policy Wales (2016) and Technical Advice Note 23 (2014) emphasises the need to support diversification and sustainability in such areas, recognising that new businesses are key to this objective and essential to sustain rural communities therefore encouraging Local Authorities to facilitate appropriate rural development.

Notwithstanding the policy presumption in favour of appropriate rural development, support needs to be balanced against other material considerations including landscape and visual impact, highway safety implications, ecology together with the potential impact on local amenity. Consideration of such matters is duly given below.

Landscape and Visual Impact

Guidance within the Powys Unitary Development Plan indicates that development proposals will only be permitted where they would not have an unacceptable impact on the environment and would be sited and designed to be sympathetic to the character and appearance of its surroundings.

The application site comprises of agricultural land located immediately to the south of the existing farm complex adjacent to two existing poultry units. A bund and landscaping to the north, west and south of the proposed buildings formed part of the consent for the existing

18 poultry units however additional landscaping is proposed as part of this development. The proposal, involves the construction of two poultry sheds, feed bins and hardstanding and associated landscaping and would be located adjacent to the existing poultry enterprise. The development would result in the loss of part of a field, and the encroachment of built development into the open countryside.

The proposed poultry buildings are of a large scale, they are grouped within the context of the existing building complex and as such, potential landscape and visual impact is considered to be minimised. Furthermore, given the height of the proposed buildings and topography of the land, their profile is reduced and thus further reduces potential landscape impact. Proposed landscaping together with the use of appropriate colours and materials are considered to help the proposal integrate into the landscape. There would be a loss of part of the existing field, but, taking account of the mitigation measures, the location adjacent to existing buildings and the condition and sensitivity of the landscape it is considered that the development would not have a unacceptable adverse effect on the site and the landscape character of the area.

There are residential properties relatively close to the site. The dwellings which are involved in the enterprise are considered to have occupiers of low sensitivity to any visual impact. There is the opportunity to view the development from other properties whose occupiers would be more sensitive to visual impacts. In particular it is possible that the upper parts of the buildings and feed bins would be visible. However the distance maintained between the proposal and nearby properties, together with the trees and hedgerows on intervening land and the close relationship of the units to the existing farm complex, it is considered that there would not be an unacceptable impact on residential receptors.

Public rights of way are located near to the site with the nearest being located to the east. Users are quite likely to be using these routes recreationally and it is likely that they would be sensitive to changes in the established rural setting of these routes. Users of the public right of way passing the site are in relatively close proximity to the buildings. However the grouping with existing building, existing vegetation will all serve to mitigate the view from the public rights of way network. From the public rights of way it is considered that the effect on visual amenity would not be unacceptable.

The Powys Unitary Development Plan through policy EC9 seeks to ensure that the harm from new agricultural buildings is minimised through sensitive design and siting. Guidance within EC9 suggests that wherever possible, new buildings should be grouped with existing buildings and utilise materials which are sympathetic to the site’s surroundings. Whilst Officers acknowledge that the proposed poultry development represents a substantial addition to the rural landscape, given the proposed grouping, it is considered that the proposed unit would be viewed as integral to the existing farm complex within the wider landscape. Furthermore, given the limited visibility of the application site together with existing and proposed landscaping, it is considered by Officers that the proposal is capable of being accommodated without causing unacceptable harm to existing character and appearance.

In light of the above observations and notwithstanding the scale of the proposed development, given the proposed grouping together with existing and proposed landscaping, it is considered that the proposed development is broadly in accordance with planning policy. Should Members be minded to grant planning permission it is recommended that any

19 consent is subject to appropriate conditions restricting materials and securing the implementation and retention of existing and proposed landscaping. Subject to the above, Officers consider that the visual and landscape impact associated with the proposed poultry development can be appropriately managed thereby safeguard the Powys landscape in accordance with policies SP3, ENV2, EC1, EC9 and EC10 of the Powys Unitary Development Plan.

Transport Impacts

Policy GP4 of the Powys Unitary Development Plan indicates that development proposals will only be permitted where appropriate highway provision is incorporated in terms of a safe access, adequate visibility, turning and parking.

Access to the application site will be provided via the existing junction of the C2151/U2693, which is to be improved. It is proposed to introduce a 13 metre chamfered radius kerb to the north east, a 6 metre chamfered kerb to the north west and road widening. A 10 metre x 10 metre awareness visibility splay will also be introduces with any existing hedgerow translocate 1 metre behind the visibility splay. A passing bay will also be constructed within the highway verge on the approach road to the proposed development. Parking and turning provision for associated vehicles will be provided within the application site boundary.

Following consultation with the Highway Authority, a response has been received which confirms that Highway Officers are satisfied that adequate highway provision can be secured subject to the imposition of suitable conditions.

In light of the above and notwithstanding the third party concerns expressed, Officers consider the proposed development to be in accordance with planning policy, particularly policies GP4 of the Powys UDP, Technical Advice Note 18 and Planning Policy Wales.

Biodiversity and Ecology

SSSI’s and Montgomery Canal SAC

Policies ENV4, ENV5 and ENV6 indicates that development proposals should preserve and enhance biodiversity and features of ecological interest. Specific guidance within UDP policy ENV4 confirms that development proposals should not significantly affect the achievement of the conservation objectives for which a SAC is designated either individually or in combination with other proposals. In addition to the above, policy ENV5 confirms that there will be a presumption against proposals for development likely to damage either directly or indirectly, the nature conservation interest of national nature reserves or sites of special scientific interest. The proposed site of development is located within approximately 5km of the Coed Pentre Special Scientific Interested (SSSI) and within 10km of the Montgomery Canal Special Area of Conservation (SAC).

According to the findings of the Ammonia Modelling Report, no impacts upon the features of this site are expected as a result of ammonia levels or nitrogen, either alone or in combination with other similar installations. Consultation with both NRW and the Powys Ecologist confirmed that theprocess contributions of ammonia and nitrogen deposition from the

20 proposed development appear to be below the threshold that NRW apply in their assessment of potential impacts on SACs or SSSIs.

In light of the above and subject to the recommendations, it is considered that the proposed development is in accordance with policies ENV4, ENV 5 and ENV 6 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.

Protected Species

Policy ENV7 of the Powys UDP, TAN5 and PPW seek to safeguard protected species and their habitats.

An Ecological Survey prepared by Jon Sloan Ecology and Churton Ecology dated June 2016 supports the planning application. The report notes that no European species are considered likely to be affected by the proposed development which is supported by the Powys Ecologist in their response to the application. Following consultation with both NRW and the Powys Ecologist no objection to the proposed development has been received.

Notwithstanding the above, as confirmed by the County Ecologist, it is considered that the proposed development would not negatively affect the conservation status of protected species subject to the recommended mitigation measures being secured by condition.

In light of the above and subject to the recommendations, it is considered that the proposed development is in accordance with policies SP3, ENV3 and ENV7 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.

Built Heritage Impact – Listed Building

Planning Policy Wales states that where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.

The site is visible from Pentrenant Hall (Grade II Listed Building) located approximately 300 metres to the southwest. Given the topography of the area, the short term views of the proposal against the listed buildings would mean that the proposal and the listed buildings are not readily viewed together. However there would be longer term views from higher ground where both the proposed broiler houses and the listed buildings will be viewed together. However the topography and mature woodland currently existing screen views intermittently when travelling.

The Built Heritage Officer in their response to the application noted that the proposal is for large agricultural buildings which are a more recent introduction to the rural landscape where agricultural buildings have become increasingly larger as farming practises evolve and change.

The Built Heritage Officer went on to state that “given the lack of short term intervisibility between the listed buildings and the proposal, I could not conclude that the proposal would adversely visually affect the setting of these 2 listed buildings”.

Whilst acknowledging the scale of the proposed poultry unit, given the modern agricultural complex and proposed landscaping, the Built Heritage Officer indicates that the proposed development would not have an unacceptable adverse impact on the setting of the listed building. In light of the comments received, Officers consider that the proposed development is in accordance with planning policy, particularly policies SP3 and ENV14 of the Powys UDP, Welsh Officer Circular 61/96 and Planning Policy Wales.

Residential Amenity

Intensive livestock units have the potential to impact on the living conditions of residents living nearby through a number of factors, in particular emissions of noise and odour, concerns relating to which have been expressed within third party representations received.

Members are advised that the application is supported by an Environmental Statement which contains chapters assessing the significant likely impacts on amenity and the living conditions of neighbouring properties. Consideration of the aforementioned impacts is duly given below;

Noise

UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties shall not be unacceptably affected by levels of noise. Officers acknowledge that intensive livestock units have potential to generate noise impact from plant/equipment (roof mounted extractor fans) and general operational activities.

The application is accompanied by a Noise Impact Assessment. Members are advised that the closest residential properties not associated with the site are Highfields (approximately 320 metres to the north) and Pentrenant Hall (approximately 300 metres to the south west).

Following consultation with Environmental Health it was confirmed that they were content with the conclusions of the submitted noise impact assessment subject to a condition being attached to any consent limiting the hours of service and delivery vehicles.

On the basis of the comments received, Officers consider that sufficient information has been submitted to demonstrate that the proposed poultry development will not have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of noise. As such, the proposed development is considered to fundamentally comply with UDP policies GP1, EC1 and EC10, Technical Advice Note 11 and Planning Policy Wales.

Odour

In terms of odour, odour levels can be assessed using odour dispersal model based on standardised values. Odour concentrations are expressed as European odour units per cubic metre (ouE/m3). The Environment Agency (EA) has published guidance for the objective

assessment of odour impacts: How to Comply with Your Permit- H4 Odour Management. It recommends the use of 98th percentile of hourly average odour concentrations modelled over a year. Appendix 3 of this document provides a benchmark of 3.0 ouE/m3 for moderately offensive odours. Moderately offensive odours are identified as including those associated with intensive livestock rearing. It is noted that the use of this threshold has been supported by Inspectors in planning appeal decisions.

The application is supported by an “Odour Dispersion Modelling Study” prepared by AS Modelling & Data. This assessment uses the standardised approach to odour assessment and the results of the model runs are presented in a report. The conclusion states that in relation to residential properties not associated with the farm following: “The predicted 98th percentile hourly mean odour concentrations are below of 3 ouE/m3 at all other receptors considered.”

On the basis of the information submitted, it is considered unlikely that the proposed development will have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of odour. Following consultation, it is noted that no concerns have been offered by the Environmental Health Department in this respect. Therefore, notwithstanding the concerns expressed, Development Management considers the proposal to be in accordance with planning policy, in particular UDP policy GP1.

RECOMMENDATION

After carefully considering the planning application, Development Management considers that the proposed poultry development is compliant with planning policy. On this basis, the recommendation is one of conditional consent.

The Environmental Information has been taken into account in reaching the above recommendation.

Conditions:

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

2. The development shall be carried out strictly in accordance with the documents received 27th July 2016 (Design & Access Statement and Environmental Statement) and plans received 27th July 2016 and stamped approved (drawing no’s SK.001, SK.002, SK.003, SK.004, SK.005, SK.005a and SK.006).

3. Prior to the commencement of building works full details of the colour of the external materials proposed in the construction of the application buildings and feed bins shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be fully implemented in accordance with the details so approved.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or alterations to the unit shall be erected without the consent of the Local Planning Authority.

5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 as amended or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, the premises shall not be used for any purpose other than that hereby authorised.

6. All emissions to air arising from the units hereby approved shall be free from odours at levels that are likely to be offensive or cause serious detriment to the amenity of the locality outside the site boundary of the holdings, as perceived by an authorised officer of the local planning authority by olfactory means.

7. Prior to first installation, details of all external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall include location of lighting, size, projection and level of illumination. Thereafter, the external lighting shall be implemented strictly in accordance with the details so approved.

8. Prior to any works commencing on site the junction of the C2151/U2693 shall be improved as detailed on the approved plan (SK.005 and SK.005a) to the written satisfaction of the Local Planning Authority.

9. Prior to any works being commenced on the development site the applicant shall construct 1 passing bays in locations to be agreed in writing by the Local Planning Authority. The passing bays shall be constructed up to an adoptable standard prior to any works being commenced on the development site.

10. All vehicles associated with the chicken units shall travel along the A489/C2151/U2693 to enter and egress the site respectively

11. The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall only take place within the hours of 0800 to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays and not at any time on Sundays, Bank or Public Holidays (this condition excludes bird movements only).

12. The storage and spreading of manure will be undertaken in accordance with the DEFRA Code of Good Agricultural Practice for the Protection of Air, Water and Soil.

13. Vehicles used for the movement of manure shall be sheeted to prevent spillage of manure.

14. Prior to commencement of development, site drainage details showing how the applicant intends to dispose of both foul and surface water from the shed and ranging areas shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

15. Prior to commencement of development a pollution management/mitigation scheme shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

16. The mitigation and enhancement measures regarding species and habitat identified in Section 4: Ecological Assessment by John Sloan Ecology and Churton Ecology (June 2016) shall be adhered to and implemented in full.

17. The proposed landscape plan (Ian Pryce Property services Jan 2015) and the proposed Landscape and Planting schedule by HEJ Landscapes shall be followed in full.

18. A landscape management plan shall be submitted to and approved in writing by the Local Planning Authority outlining the maintenance and management of landscape features including recommendations for mitigation and enhancement of grassland and hedgerow habitat, Section 4 of the Ecological Assessment (June 2016).

19. Prior to commencement of development a Tree and Hedgerow Protection Plan in accordance with BS:5837:2012 shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

Reasons 1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. To safeguard the character and appearance of the area in accordance with policy GP1 of the Powys Unitary Development Plan (March 2010).

4. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to policy GP1 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (2016).

5. In order that the Local Planning Authority may control the use of the premises in the interests of the protection and preservation of the amenity of the area in accordance with policies GP1, EC1, EC9 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

6. To protect the local amenities of the local residents from the excess of mal-odorous emissions in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

7. To protect the local amenities of the local residents from the excess of illuminance in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

8. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

9. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

10. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

11. To comply with Powys County Council’s UDP Policies GP1 in relation to noise.

12. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

13. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

14. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

15. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

16. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

17. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

18. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

Informative

Rights of Way The applicant must be advised that at no time during the development phase should any public right of way be obstructed. No materials should be placed or stored on the line of any public right of way and any damage caused to the surface of any public right of way must be made good to at least its current condition or better. Any unlawful disturbance, damage or obstruction to any public right of way could have legal repercussions ______Case Officer: Tamsin Law- Principal Planning Officer Tel: 01597 82 7230 E-mail:[email protected]