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Delegated Case APPLICATION 2014/0114 DECISION LEVEL Delegated NUMBER CASE OFFICER Lauren Ashworth PROPOSAL Construction of pole DATE FOR 25 July 2014 barn to contain DECISION aquaponics business to include solar panels on roof LOCATION Alden Cotton Mill, Alden REPORT 25 July 2014 Road, Helmshore, BB4 WRITTEN 4AQ 1. SITE The application relates to an irregular shaped parcel of land containing and surrounded by mature trees. The application site has an area of 0.3ha. The land rises steeply to the north and east. There is an area of hardstanding of recent origin to its centre which is relatively flat. The site has a gated private access from Alden Road leading to another gated access point entering the heart of the site. Alden Road is a narrow unadopted road serving a number of residential properties. Alden Brook runs through the south of the site on a north east/south west axis. Located on the area of hardstanding at the time of the case officer site visit was a timber framed wood store. There were various types of debris strewn on the site including piles of natural stone. The site is within the southern part of Alden Wood. Alden Wood is designated as an Important Wildlife Site and is classified as ‘Broadleaved / mixed woodland’ and is a priority habitat in the Lancashire Biodiversity Action Plan. The site is also located within an area of Countryside outside the Urban Boundary of Haslingden, as designated in the Rossendale District Local Plan. 2. RELEVANT PLANNING HISTORY 2010/0318 - Construction of Wood Store and Two Portabins (retrospective). Refused 16 August 2010. An appeal was lodged and a split decision was issued: “I dismiss the appeal insofar as it relates to the erection of 2 portacabins on the land. I allow the appeal insofar as it relates to the erection of a wood store, and I grant planning permission for the erection of a wood store.” 1. PROPOSAL Permission is sought for the construction of pole barn to contain aquaponics business to include solar panels on the roof. A new timber pole barn will be erected which measures 27m x 5.5m with a maximum height of 7m and will accommodate an aquaponics business including hydroponic tanks, rearing tanks and a seedling / nursery area. A WC is provided and a small office for the night watchman. The building would be sited on the area of existing hard standing and would be timber- clad with a green coloured profiled aluminium roof. The solar panels would be fitted to the roof and they would be used to power LED lighting within the modules to promote plant growth. Whole fish and other produce including lettuce, herbs, tomatoes and peppers would be produced and sold to local shops and restaurants. The Design and Access Statement refers to the future expansion of the business which would likely involve the erection of two further buildings (subject to planning) adjacent to the one proposed as part of this application. There is also a possibility of opening a farm shop at the front of the pole barn (again this would be subject to planning). 2. CONSULTATION RESPONSES LCC Highways “The information regarding the vehicle generation for the proposed development has been supplied and I would make the following comments. Alden Road, for the majority of its length, is a road privately maintained with public bridleways 320 and 322 and public footpath 323 running along its length. The road is single track for the majority of its length with no formal passing places. The road is rural in nature with vegetative verges running along both sides. There are sections of the road where a pedestrian and vehicle could not pass side by side. The transport statement has suggested that on a daily basis 14 vehicle movements would be generated, by staff and deliveries, and on the day of a weekly tour an additional 24 movements would be generated, totalling 38 vehicle movements in one day per week. The aquaponics system is a relatively new concept that has the potential to be very popular and there is the potential for the business to expand. The vehicle movements that are proposed are high considering the nature of the road and there is potential for those movements to increase within a short period of time. After consideration I would recommend that Alden Road is unsuitable to accommodate the potential vehicles proposed at this development and therefore I have no alternative than to raise an objection to the application. I have also considered the impact of the construction traffic on the neighbours and users of the public footpath and bridleway during the construction phase. Although the disturbance caused by the construction vehicles could be minimised through a good management plan I would recommend that the large goods vehicles would be detrimental to highway safety.” LCC Ecology The full response can be seen on the planning application file however in summary: “The following matters will need to be addressed before the application is determined: If the trees with bat roost potential would be unavoidably affected by the proposal, then further assessment/surveys to establish the presence/absence of bat roosts will need to be carried out prior to determination of the application. If bat roost(s) would be affected then Rossendale Borough Council will need to have regard to the requirements of the Habitats Directive in reaching a planning decision (three tests). Rossendale Borough Council should be satisfied that the proposed development would be restricted to the hard standing and would not infringe upon the semi natural habitat e.g. woodland and ponds.” RBC Environmental Health “Development Site/ End Use Phase Delivery Hours Monday to Friday 08:00 to 18:00 Saturday 08:00 to 13:00 Not deliveries permitted on Sundays or Bank or Public Holidays. Access and egress for delivery vehicles shall be restricted to the working hours indicated above during the development and end use phase. Reason- to ensure that site working only takes place during normal working hours in order to restrict the times during which any disturbance and nuisance may arise. New Industrial/ Commercial in the vicinity of noise sensitive premises Noise arising from the application site (specified as LAeq at the boundary of any noise sensitive premises in use at the date of this planning permission) shall not exceed the background level (LA90) during the development phase or end occupation Any measurement and assessment shall be made in accordance with the advice contained within British Standard (BS) 4142:1997; Method for rating industrial noise affecting mixed residential and industrial areas. Reason:- To protect the amenity of the adjoining land users/occupiers . Dust management Measures should be in place during the development phase to prevent dust from site operations travelling beyond the site boundary. Reason:- To protect the amenity of the adjoining land users/occupiers . No burning of materials shall taken place at the site, unless otherwise agreed in writing by the Local Planning Authority. Reason:- To protect the amenity of the adjoining land users/occupiers .” 5. NEIGHBOUR NOTIFICATION RESPONSES To accord with the General Development Procedure Order 12 letters were sent to neighbouring properties and a site notice was displayed. 10 letters of objection have been received which raise the following key points: The site is not a brownfield site and is not available for development. It comprises Alden Wood and has not been used for industrial purposes for over 150 years. Alden Road is not wide enough to accommodate traffic of this size in particular heavy goods vehicles and this road is maintained by the residents. Concerns regarding light pollution. Concerns regarding birds, bats and great crested newts. It is unclear how fresh water will be fed into the site. Inconsistencies with regards to tree planting and tree removal. Concerns regarding the viability of the proposed business. Concerns regarding presumption in favour of the future redevelopment of this site should planning permission be granted. In winter months the building will be extremely prominent. Profiled sheeting to the roof is not appropriate within the countryside. Concerns regarding noise from vehicle movements and odour from the proposed business. 6. RELEVANT PLANNING POLICIES National National Planning Policy Framework (2012) Section 3 Supporting a prosperous rural economy Section 4 Promoting sustainable transport Section 7 Requiring good design Section 10 Meeting the challenge of climate change, flooding and coastal change Section 11 Conserving and enhancing the natural environment Development Plan RBC Core Strategy DPD (2011) AVP5 Strategy for South West Rossendale Policy 1 General Development Locations & Principles Policy 17 Rossendale’s Green Infrastructure Policy 18 Biodiversity, Geodiversity and Landscape Conservation Policy 19 Climate change and low and zero carbon sources of energy Policy 21 Supporting the Rural Economy and its Communities Policy 23 Promoting High Quality Designed Spaces Policy 24 Planning Application Requirements 7. ASSESSMENT The main considerations of the application are: 1) Principle; 2) Highway Safety; and 3) Biodiversity; 4) Neighbour Amenity and 5) Visual Amenity. Principle The application site is located within the countryside area where development is limited to that which is necessary in such areas; development generally should be located within the urban boundary (Policy 1 of the Core Strategy). This is a greenfield site. The applicant, in a response to a neighbour objection, states that a peaceful and secure site is required in order to successfully breed fish; therefore a rural location is ideal. However, whilst it may be ideal for this business to be located within the countryside / a rural area, I am not satisfied that it is necessary. In my view the application does not adequately justify why it is necessary for the proposed aquaponics building to be located within the countryside, and why it cannot be located within the urban boundary, for example using insulation to attenuate sound.
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