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Mid-Ulster Local Planning Office Mid-Ulster Council Offices 50 Ballyronan Road Magherafelt BT45 6EN

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Mid-Ulster Local Planning Office Mid-Ulster Council Offices 50 Ballyronan Road Magherafelt BT45 6EN Mid-Ulster Local Planning Office Mid-Ulster Council Offices 50 Ballyronan Road Magherafelt BT45 6EN Development Management Officer Report Committee Application Summary Committee Meeting Date: Item Number: Application ID: LA09/2017/0318/F Target Date: Proposal: Location: Proposed 1No. replacement pig shed with Land approx. 100mN.E.of 13 Drumard Road 2No. feed bins and an above ground covered Draperstown slurry store (pig shed to contain 8000 weaner pigs) Referral Route: 7 Objections received. Recommendation: Approval Applicant Name and Address: Agent Name and Address: Mr Stanley Hepburn Henry Marshall Brown Architectural Partnership 13A Drumard Road 10 Union Street Draperstown Cookstown BT45 7JU BT80 8NN Executive Summary: Signature(s): Lorraine Moon Application ID: LA09/2017/0318/F Case Officer Report Site Location Plan Consultations: Consultation Type Consultee Response Statutory NIEA Advice Non Statutory Rivers Agency Substantive Response Received Non Statutory Environmental Health Mid Add Info Requested Ulster Council Non Statutory DFI Roads - Enniskillen Substantive Response Office Received Non Statutory DAERA - Coleraine Substantive Response Received Non Statutory Shared Environmental Substantive Response Services Received Page 2 of 15 Application ID: LA09/2017/0318/F Statutory DFI Roads - Enniskillen Office Non Statutory DAERA - Coleraine Substantive Response Received Non Statutory Rivers Agency Substantive Response Received Statutory NIEA Advice Non Statutory Environmental Health Mid Substantive Response Ulster Council Received Statutory DFI Roads - Enniskillen Advice Office Statutory Shared Environmental Advice Services Statutory NIEA No Response Non Statutory Shared Environmental Add Info Requested Services Statutory NIEA Statutory Shared Environmental Services Statutory NIEA Statutory Shared Environmental Services Statutory DFI Roads - Enniskillen Advice Office Statutory NIEA Statutory Shared Environmental Services Statutory NIEA Statutory Shared Environmental Services Statutory NIEA Statutory Shared Environmental Services Statutory NIEA Statutory Shared Environmental Services Statutory NIEA Page 3 of 15 Application ID: LA09/2017/0318/F Statutory Shared Environmental Services Statutory NIEA Advice Statutory NIEA Statutory Shared Environmental Services Statutory Shared Environmental Advice Services Statutory Shared Environmental Services Statutory NIEA Advice Statutory Shared Environmental Advice Services Statutory Shared Environmental Services Statutory NIEA Error Statutory Shared Environmental Advice Services Statutory NIEA Error Statutory Shared Environmental Services Statutory Shared Environmental Advice Services Representations: Letters of Support None Received Letters of Objection 7 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues 7 Objections received as detailed within the report. Characteristics of the Site and Area The application site is located in the countryside immediately adjacent to No. 13 Drumard Road. The replacement building is located within a group of existing farm buildings. The proposed replacement pig shed is to replace 2 smaller existing ones. There are a number of domestic properties close to the site towards the west of the site. The proposal is for the erection of 2 pig sheds which have 2 pitched roofs joined with a central corridor to give a combined building size of 3969m2. The buildings have a green cladding to the walls and roof and the ridge height is approx. 2metres. There are 2 feed bins and a slurry store and the proposal will accommodate 8000 weaner pigs (ie up to 30kg weight). Page 4 of 15 Application ID: LA09/2017/0318/F Description of Proposal Full application for - Proposed 1No. replacement pig shed with 2No. feed bins and an above ground covered slurry store (pig shed to contain 8000 weaner pigs) Planning Assessment of Policy and Other Material Considerations I have assessed this proposal under the following: SPSS Magherafelt Area Plan 2015 PPS21, PPS3, PPS3 Neighbours:Owners/Objectors of No 13 Drumard Road, Draperstown were notified of the proposal on 24.08.2017. Objectors: - 7 objections have been received as follows. Gwyneth McQuisten received on 09.11.2018 Joanne Lusby received on 08.11.2018 Harriett Moore-Boyd received on 09.11.2018 Olga Harper received on 09.11.2018 Diane Greer received on 13.11.2018 Cormac McAleer received on 10.11.2018 Ciaran McClean received on 23.11.2018 Given no addresses are provided with any of these objections it is unclear if these originate from any nearby residents. The objections received highlight the same concerns with the proposal, these are: - Failure to provide full information details - further information was submitted following the receipt of the objections and no further objections were received. - environmental information being significantly flawed and incomplete - further information was sought by the appropriate authoritive bodies once this was received they were reconsulted and issued final positive responses. No further objections were received. - Proposal contravenes Planning Policy Statement 21 _ Planning Policy Statement 2 - it has been demonstrated further below in this report how this proposal adheres to the criteria within relevant planning policy statements. - Assessed against inappropriate screening policies - MUDC consults with appropriate organisations (NIEA, SES, Env. Health etc) for their qualified guidance. There has been no indication from these bodies that the screening used is inappropriate. - DAERA's operational protocol is significantly flawed - all statutory consultees have had access to all objections submitted and in their final responses none have raised the validity of any screening, assessments or plans submitted or used to reach their final conclusions. - Queried cumulative impact and should include trans-boundary sites - Transboundary consideration Impacts on the environment will be experienced where the slurry is spread. The applicant/agent has provided a Nutrient Management Plan that indicates the slurry from the proposed development will be spread over fields located within the vicinity of the pig shed, and there are no additional designated sites located within 7.5km of the land spreading area thats not included in the original assessment. Page 5 of 15 Application ID: LA09/2017/0318/F In guidance for assessment of ammonia emitting projects for the purposes of Habitat Regulations Assessment issued by Shared Environmental Services (last updated 30/07/2019) point 14 states; ‘SES assumes that all licences and permits issued by DAERA for utilization of manure/slurry/litter arising from livestock are compliant with the requirements of the Habitats Regulations and related Directives. SES assumes that the relevant authority in other jurisdictions will ensure compliance with the Habitats and Birds Directives.’ In light of this, consultation on transboundary impacts are not required in this case as, it is assumed that the Agriculture and Food Development Authority in the Republic of Ireland has ensured compliance with the Habitats and Birds Directives. - Questioned legality of planning approvals in NI for poultry houses, anaerobic digesters and anaerobic digester waste treatment plants - There are no directly related historic planning approvals to the proposal site. In addition if historic applications have not been challenged and the assessments within them challenged they still stand. - no evidence of bioaerosol risk assessment or consultation with public health agency - The proposal includes a mechanically ventilated shed with the provision for 8000 weaner pigs, a circular slurry store and land spreading. It has been demonstrated by submitted information that emissions will be significantly reduced from the existing levels should the proposal be granted approval. - nutrient management plan submitted - questioned its validity MUDC acknowledge that utilisation of pig slurry is a critical environmental aspect of the farm, particularly since the cumulative impact of pig slurry generated by this and other proposals may be significant. Through the submitted nutrient management plan the applicant/agent has been able to demonstrate that the pig slurry produced will be applied in accordance with crop needs for phosphorus as well as nitrogen and they have demonstrated the land that will be used. A condition has also been included by NIEA which reads 'All contaminated run-off (from the facility and concrete apron) must be directed to an appropriate collection tank, with no overflow or outlet to any waterway or soakaway. The applicant should also be reminded of their responsibilities under the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (SSAFO) (Northern Ireland) 2003 and The Nitrates Action Programme (NAP) Regulations (Northern Ireland) 2014 as detailed in Standing Advice Note 12 for agricultural developments. Reason: In order to reduce the potential for negative impacts on neighbouring land uses.' - questioned how NMP'S are even considered whether lawful - all statutory consultees have had access to all objections submitted and in their final responses none have raised the validity of any screening, assessments or plans submitted or used to reach their final conclusions. - queried the loading capacity and how this proposal would impact this - the proposal will result in a 40% ammonia reduction in region compared to that of existing situation. This proposal is for 8000 weaner
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