Agenda Item No.

EAST RIDING OF COUNCIL 

Report of the Director of Planning and Economic Regeneration

Reported to: Eastern Area Sub-Committee Date: 18 January 2021 Ward: Rural Parish: Parish Council

Application for Erection of 2 livestock buildings, 1 straw storage building with associated feed bins, hardstandings and access and siting of a temporary agricultural workers mobile home including associated infrastructure

At Land West Of Moor Farm, Cliffe Road, , , YO43 4SR By Mrs Lucinda Hemingbrough

Application Number: 20/01149/PLF

1. SUMMARY AND RECOMMENDATION

1.1 This application seeks full planning permission for the erection of 2 livestock buildings which will each house up to 995 pigs, 1 straw storage building with associated feed bins, hardstandings and access and siting of a temporary agricultural workers mobile home including associated infrastructure.

1.2 Outline planning permission under ref. 17/03208/OUT has been previously granted for the principle of this form of development on the site. Although this permission has now lapsed, it is still a material consideration in relation to the current proposals.

1.3 The proposals are still considered an acceptable form of agricultural development in this countryside location where agricultural development which contributes to the local economy would be acceptable in principle. The proposals would have acceptable impacts on the character and appearance of the area, neighbouring amenities, the highway network, nature conservation interests and the surrounding environment, which would accord with requirements within relevant policies within the East Riding Local Plan Strategy Document and National Planning Policy Framework. Although significant numbers of objections have been received in relation to the need for the development and its perceived detrimental impact on the surrounding area, these are considered to be suitably addressed.

1.4 The application is therefore recommended for APPROVAL with conditions as set out in the report.

1.5 The application is referred to the Eastern Area Planning Sub-Committee for determination at the request of Councillors Greenwood and Rudd to allow a full debate, and also at the request of Newbald Parish Council who have strongly objected to the development.

2. SITE DESCRIPTION

24 2.1 The site lies in open countryside towards the western end of Cliffe Road, approximately 2km to the west of the centre of the village of North Newbald. The application site is within a field located on the side of a valley in an undulating landscape, rising to the east towards the village of North Newbald, and the west towards the village of . The site lies within an important landscape area on the western edge of the Wolds.

2.2 The site is bordered to the west and north by a large wooded area, Houghton Moor, with partial tree and hedge cover along the sides of Cliffe Road to the south of the site. The east of the site is open though there are stands and plantations of trees within the surrounding area to the east. To the west of the site approximately 330m away in the wooded area lies a dwelling, The Cottage, with another residential dwelling, Moor Farm (which since the previous permission has had planning permission granted for conversion of an outbuilding to a dwelling for occupation ancillary to the main dwelling) lying a similar distance away to the north-east. Approximately 100m to the south-east is a dwelling at Moorlands Farm with a caravan storage use also operating from this property.

2.3 The site lies in flood risk zone 1 which is of the lowest probability of flooding from rivers and the sea, and with no identified surface water flooding risk.

3. KEY POLICIES AND DOCUMENTS

East Riding Local Plan Strategy Document (ERLP SD) - 2016 S1 (Presumption in favour of sustainable development) S2 (Addressing climate change) S4 (Supporting development in Villages and the Countryside) S8 (Promoting sustainable transport) EC1 (Supporting the growth and diversification of the East Riding economy) EC4 (Enhancing Sustainable Transport) ENV1 (Integrating high quality design) ENV2 (Promoting a high quality landscape) ENV4 (Conserving and enhancing biodiversity and geodiversity) ENV6 (Managing environmental hazards) A1 (Beverley and Central sub area)

National Planning Policy Framework (NPPF) – 2019

Conservation of Habitats and Species Regulations 2017

4. RELEVANT PLANNING HISTORY

Application No Proposal Decision Date 19/03791/REM Erection of 2 livestock buildings, 1 straw storage Withdrawn 21.04.2020 buildi ng with associated feed bins, hardstandings and access and siting of a temporary agricultural workers mobile home following outline permission 17/00328/OUT (Access, Appearance, Landscaping and Scale to be considered)

19/40215/ Non Material Amendment to planning approval Approved 16.12.2019 NONMAT 16/01276/OUT - amendment to Condition 16 Wildlife Enhancement Plan

17/03208/OUT Erection of 2 livestock buildings, 1 straw storage Approved 11.04.2017 building with associated feed bins, hardstandings and access and change of use for the siting of a

25 temporary agricultural workers mobile home (Layout to be considered) (Resubmission of 16/01276/OUT)

16/01276/OUT Outline - Erection of 2 livestock buildings, 1 straw Refused 09.08.2016 storage building with assoc iated feed bins, hardstandings and access and siting

5. SUMMARY OF CONSULTATION RESPONSES

Newbald Parish Council

Newbald Parish Council have submitted a lengthy objection in relation to the development. They strongly object and requests that this planning application is considered by the Planning Committee. It is recommended that it should be refused on the following grounds which have been summarised:

Contravention of Local, Strategic, National Planning Policies and Policies in the Development Plan: Would not constitute sustainable development which aims to improve the economic, social and environmental conditions and seeks to address climate change by supporting developments that reduce greenhouse gas emissions. This development is also proposing a business which does not meet the financial criteria for the 1.5 jobs listed as a justification. It neither utilises an existing building nor is well designed but rather a large new development in open countryside and in an area of special interest. The negative impacts on local amenity, wildlife, residency and increase in highway dangers massively outweigh the increase of 0.5 of a job, which is the only benefit to the community.

Overshadowing/Loss of Outlook and Detriment of Residential Amenity; Cliffe Road leads to and is part of a public footpath and public bridleway appreciated by residents during the recent lockdown. It leads to woodland and a nice wild meadow which is very welcome as much of the countryside surrounding Newbald is already given over to farmland. The unit will in effect create a no-go area where residents, visitors and tourists will no longer be able to enjoy a walk. Screening is not sufficient to prevent loss of outlook for the walkers and cyclists that use the bridleway and loss of the long standing natural meadow, a haven for walkers, would adversely affect the local residential amenity. Since outline planning in principle was granted, new residential accommodation has been approved and therefore further residential properties will be adversely affected by the proposed development. Planning permission has previously been refused in for new dwellings close to a pig unit due to the unhygienic relationship between them and the negative impact it would have on the residential amenity of residents, and the same rules and policies should apply in reverse to this application. Whilst historically a farming area, the nature of this intensive industrial pig rearing risks the health and safety of nearby residents and will have a detrimental impact on the Newbald community as a whole. The pollution of the air and ground, the risk of vermin, light pollution and the loss of privacy are just the some of the ways the residential amenity of local residents will be impacted. Potential disease and health risks to humans from pig operations and associated emissions (ammonia, airborne particles) as detailed in research would be exacerbated. Residents and visitors to Newbald alike choose to be here because they enjoy the countryside, which includes being able to breathe clean air and should not be threatened by an environmentally unfriendly industrial pig farm unit, especially when Government Ministers are legislating for measures to reduce air pollution. The landmark “Environment Bill” will enshrine environmental principles in law and measures will be introduced to improve air and water quality, tackle plastic pollution and restore habitats so plants and wildlife can thrive. It would seem prudent to ensure that any

26 new development also meets the requirements of this new bill. Given the recognised detriment to health, it is totally inappropriate for such large scale pig units to be sited so close to homes, gardens, places of work, the Village Hall, the church, the school and playing fields which should be protected. People deserve to be able to relax at home without the threat of being confined indoors because of airborne pollution from a massive pig unit situated too close to their properties. It’s just not reasonable for eit her the pig farm developer or ERYC to force this upon a community of council tax paying residents.

Highway Issues: Cliffe Road is long, single track, unlit, with no passing places to safely allow HGVs and/or other vehicles to pass each other. It is in a very poor state of repair. and unsuitable for heavy trucks to use safely and already struggles with its current traffic levels. The road would be further damaged by additional traffic and heavy trucks servicing the proposed pig farm. The final part of th e truck’s journey, just before the pig farm entrance, is essentially a dirt track. This track forms part of a well-used bridleway and there would be nowhere for walkers, horse riders and cyclists to get out of the way of the trucks as the track is too narrow which would raise safety concerns. The crossroads at the junction of Cliffe Road, the A1034 and Westgate is dangerous and totally unsuitable for large vehicles and heavy traffic and poor visibility, which coupled with already increased lorry traffic coming through the village to the opposite side of the crossroad, as well as from a proposed lorry park nearby on the A1034 will increase this risk and make it an accident black spot. This application tries to negate the need for any road improvements to meet the needs of the significant additional HGV traffic (minimum 330 HGV per year) by passing responsibility to an earlier planning permission. That planning condition is still in dispute after 10 years and has never yet been resolved. Even if resolved it requires 3 x passing paces of only 15m in length which is completely insufficient to meet the needs of HGV vehicles and 40ft trailers as listed in the application. If this planning application is approved then the conditions must require the road to be upgraded, including re-surfacing and sufficient passing places, and a requirement for this to be completed prior to any commencement of works. Without these conditions the road will become a major safety hazard. The lack of street lighting on Cliffe Road has been cited as a reason for the refusal of another planning application on the road. Cliffe Road is already dangerous, with many near misses, frequent breaches of speed restrictions and the dangers at the junction with the A1034 which the development would magnify. Concerns that the bridge at the bottom of Cliffe Road is not strong enough to deal with many HGVs driving over it and should be examined by expert engineers. The pig farm would interfere with plans for a proposed cycle way to run near the A1034 because of the many HGVs that would need to cross the path.

Noise, Disturbances, Smells and Fumes: Noise and smells from machinery, animals, slurry and cleaning, and increased traffic would be considerable and adversely affect local residents and people using the bridleway, as well as residents in the village due to prevailing winds.

Light Pollution: The industrial lighting will create light pollution affecting local amenity, the intrinsically dark landscape, and nature conservation

Capacity of Physical Infrastructure: The foul drainage for the temporary dwelling is insufficient to cope with up to 8 people occupying its 4 bedrooms, and physical infrastructure in Newbald is unable to cope where village has experienced flooding and overflowing sewers in recent years.

Deficiencies of Social Facilities: Site is remote from local services and facilities to meet the needs of the occupants, and there are existing dwellings in the village which could be occupied by a worker and as such onsite accommodation is not considered necessary

27 Adverse Impact on Nature Conservation Interests and Biodiversity Opportunities: Livestock unit will have devastating impact on wildlife and habitat on the site and surrounding area, the adjacent local Wildlife Site (LWS) and nearby Newbald Becksies Site of Special Scientific Interest (SSSI) from pollution (atmospheric, ground and water) from nitrogen, ammonia and chemicals, inappropriate management of the area from machinery and materials, and risk of accidents, and should not be accepted as contrary to the NPPF. Wildlife Enhancement Plan is not acceptable or based on up to date data and further surveys should be undertaken. Concerns about impact of lighting on bats which is not addressed within Lighting Assessment, and where only recommendations on lighting are made within the Wildlife Enhancement Plan – these needing to be conditioned to be adhered to if approval were to be recommended.

Effect on Listed Buildings and Conservation Areas: North Newbald is home to a conservation area, Grade I listed Norman Church and other listed buildings where increased traffic, unpleasant smells and air pollution resulting from the development would have a very detrimental impact on residents and visitors alike.

Incompatible or Unacceptable Uses: Concerns the ‘temporary’ mobile home would be become a permanent feature and would result in an over domestication of this land and encroachment of residential use into the open countryside which would fail to offer any enhancements to the setting and would detract from the character and appearance of the surrounding areas. The size and scale is disproportionate to one key worker for which there is no need. The benefits for providing work for one key worker also have to be balanced against the impact of the development proposal upon the character of its surroundings and maintaining the integrity of the countryside. The size and scale of buildings being proposed is unsympathetic and will have significant and irreversible impact on the surrounding area. Concerns in relation to animal welfare. Business plan should be updated to reflect the new uncertain economic and social climate and move away from meat eating and factory farmed rather than organic produce. The community no longer relies on farming for its business health and productivity and this pig farm should not be allowed on the basis that this area is a ‘farming community’. The proposed new hedging contains plants known to be poisonous to horses. The proposals by the Parish Council to set up a Community Renewable Energy Scheme making the village very green and environmentally responsible would be undermined if a toxic industrial pig unit was sited so nearby. Potential detrimental impact on new holiday home business on Cliffe Road close to the site and tourism in the area from the pig farm and resultant odours and increased traffic. This particular type of farming is incompatible and does not fit with the village of Newbald and its values.

Layout and Density of Building Design, Visual Appearance and Finishing Material: The building design, visual appearance and finishing materials may be standard for this type of pig farm, but are not compatible with the beautiful countryside in the location.

Inadequate or Inappropriate Landscaping or Means of Enclosure: Severe impact on views as no provision for view enhancement programmes

Public Opinion: The pig farm would be completely incompatible with the natural beauty of the surrounding environment and detrimental to the health and well-being of residents and is reflected in the huge response from members of the public objecting to it. Outline planning permission should not have been granted in the first place. The obvious public outrage, the change in economic/environmental circumstances and protections since the original outline planning was approved, the outdated data the original decision was based on

28 and the breach of many material planning considerations as detailed above should be taken into consideration.

Sancton Parish Council

Object to the application on the following grounds: 1. Odour, waste management and environmental impact - the business model of intensive animal farming is not encouraged. The foul odour from the pigs and the slurry which can be aggravated during hot weather is very concerning. Foul odour to the nearby villages will be assisted by the prevailing wind from the west. The main direct environmental impact is related to the manure produced and the need to mitigate the green houses gases released. High-density pig production can release excessive amounts of nitrogen and phosphorus into the environment, and the high doses of copper and zinc fed to pigs to promote growth eventually accumulate in the soil. 2. Access and highways safety - high levels of traffic will inevitably cause an increase in pollution, adversely affecting the health of those who live locally. Cliffe Road is unsuitable for large volumes of traffic as it is a single lane road and with more heavy goods vehicles using the road those who use the area for exercise/leisure will have to be mindful of their own safety. 3. Noise pollution - a considerable increase in noise from the animals, vehicles and machinery negatively impacting on nearby residents and those using the area for leisure and exercise. 4. Speculation as to whether the temporary mobile accommodation will ultimately be converted into a permanent residence.

North and Parish Council

No observations to make on this application.

Valuation and Estates Management

It is accepted that the applicant has the necessary intention and ability to develop this enterprise and run it as a profitable standalone business. The number of pigs on site, together with the particular facts of the holding, its location and the business model operated are enough to satisfy the Council that there is a functional need for a full time worker to be readily available on site at most times in order to ensure the welfare of the livestock being reared there. It is also evident that there are no other dwellings in the locality that would be capable of satisfying this need. The Council is also satisfied that the enterprise has been planned on a sound financial basis. Should an application for a permanent dwelling follow in due course, then the annual accounts will be expected to confirm that the unit has operated at least in line with the projections. Taking all the foregoing points into account, this enterprise meets the rigorous criteria relating to temporary rural worker ’s dwellings, laid out under policy S4 of the ERLP, subject to the applicant ’s possible expectations as to the size of that accommodation.

Public Protection

Environmental Control District Latest response:

I have been through the application again and the Environment Agency guidance relating to noise and odour from pig units. The guidance relates to operations which require an Environmental Permit, those with 2000+ pigs. It does not require that an odour assessment

29 is submitted with an application for a permit. It would therefore not be justified to require one in this case. The odour management plan is sufficient information for the application.

Although noise assessments are not a requirement, they are recommended for operations which are close to sensitive receptors, as this one would be. I note from the application, however, that there is no mechanical plant in relation to extraction/ventilation. The main noise source will therefore be from vehicle engines and the pigs themselves. Predicting the noise emissions from the pigs would be uncertain. Vehicle engine noise and animal noise is covered by the noise management plan, which is sufficient.

Second response:

Further to the previous response, this application has been re-visited following the interest shown by local residents. The pig-rearing unit proposes to house 1990 animals, which is just 10 pigs short of requiring an Environmental Permit. Such a permit would impose conditions relating to noise and odour in order to protect local residents from such adversity. As no permit is required, it is reasonable for the applicant to demonstrate, prior to approval, that the business will not present noise and odour problems for local residents.

I would therefore request that the following information is submitted:

A noise assessment detailing the potential impact of the pig-rearing unit at the nearest residential property. An odour assessment demonstrating the potential impact on the locality.

Each assessment will require data to be used from existing sources. The noise assessment will also require background noise data to be measured at the nearest residential property.

The assessments should then be submitted for approval by the council. If the potential impacts on local residents are considered adverse in either assessment, I would recommend refusal of the application.

Initial response:

Conditions requested in order to protect amenity for local residents: 1. The two livestock buildings shall be sited, designed and constructed as shown on the plans submitted and used in accordance with the information contained within the Planning Statement. 2. The two livestock buildings shall only be used for the accommodation of pigs on a straw bedded system. Any changes to the above to slurry based system shall be with the prior written consent of the LPA. 3. The process shall be operated in accordance with the procedures detailed in the Odour Management Plan submitted in the Planning Statement. 4. The process shall be operated in accordance with the procedures detailed in the Noise Management Plan submitted in the Planning Statement. 5. The process shall be operated in accordance with the procedure detailed in the Waste Management Plan submitted in the Planning Statement.

Environmental Control Specialist No comments/objections to make in relation to potential land contamination and air quality issues relating to this application.

30 Highway Control

In relation to the question of whether the construction of Cliffe Road (which is also a public right of way) needs improving/resurfacing to accommodate the new development due to its current poor state of repair, it is commented that if there are issues with the surfacing along Cliffe Road it would be picked up by Streetscene during their routine inspections. There is no evidence to suggest that the carriageway is not in an acceptable state of repair to enable it to take the likely traffic generated by the development.

In relation to the question of the width of Cliffe Road adjacent to the site access being approximately 3m wide and would therefore need widening, it is commented that the vehicle tracking indicates that the HGVs can access the development, the access will be wide enough to accommodate the turning of vehicles.

In relation to the questions that the provision of passing places would need to be required under the current application to allow suitable HGV access to the site as we cannot rely on or condition those that were required relating to a different permission, passing places not being big enough for HGVs safety impact on walkers, horse riders and cyclists due to narrow width of the road and lack of street lighting, it is commented that passing places should be provided as part of this development. There are some informal passing places in access points already and the verge is wide enough for pedestrians and horse riders to take refuge while vehicles pass, which is what happens now along Cliffe Road and on many rural roads.

In relation to the question whether the bridge on Cliffe Rd adjacent to the access to Moor Farm to the east of the site is structurally capable of handling HGVs which should be confirmed by Structural Engineers, the Highways Engineer has inspected the bridge along the access and has commented that the overall structure is in a good condition. It is therefore assumed that the bridge can carry normal construction and use loads up 40/44 tonnes. If there are to be any abnormal loads, these would have to be checked individually.

Initial response:

The application is for the erection of 2 livestock buildings, 1 straw storage building with associated feed bins, hard standings and access and siting of a temporary agricultural workers mobile home including associated infrastructure at Land West of Moor Farm, Cliffe Road, North Newbald.

Cliffe Road is narrow and in its current state is unsuitable for HGV passage. However it is noted that passing places should be provided under application number 19/30178/CONDET (Submission of details required by Condition 3 (Access) and Condition 4 (Passing Places) of planning permission 07/04679/STPLF (APP/E2001/C/09/2113829 and APP/E2001/C/09/2113829), Moorlands Farm Cliffe Road North Newbald.

If the passing places were to be installed as part of the above CONDET then this planning application would be acceptable to Highway Development Management.

The access to the development is acceptable and swept paths have been submitted which demonstrates that HGVs can access the site and turning facilities will be provided within the site so that vehicles are able to enter and leave the site in a forward gear

31 Public Rights Of Way and Countryside Access

Newbald Byway 12 is shown on both the highway maintenance maps and the definitive map. The route is recorded as a public vehicular highway and any improvements to the surface would require the consent of the highway authority. Note requested in relation to public rights of way.

Environment Agency

No comments received.

Land Drainage

Have viewed the Drainage Technical Report and have no objections.

Lead Local Flood Authority

Satisfied with the proposed drainage details in the drainage report and have no objections.

Natural

No objection. Based on the ammonia report submitted it is considered the proposed development would not have significant adverse impacts on statutorily protected nature conservation sites or landscapes. Generic advice on other environmental issues is provided.

Nature Conservation Officer

The Nature Conservation Team notes that the ERYC Biodiversity Officer has been consulted on this application to identify any potential issues in respect of Local Wildlife Sites and defer to his advice on such matters. Natural England (NE) have also been consulted. Therefore, comments are limited to protected species and priority habitats, leaving comments on statutory protected nature conservation sites to NE.

The site has had the benefit of planning permission (application reference 17/00328/OUT) which established that the principle of development on this site is acceptable insofar as ecological matters are concerned. We are satisfied that nature conservation value of the site has not changed significantly over the intervening period.

An Extended Phase 1 Habitat Survey (Wold Ecology Ltd, June 2016), a Great Crested Newt Appraisal (CES Ecology, January 2017) and a Wildlife Enhancement Plan (CES Ecology, July 2019) have been submitted in support of this application. An appraisal of the reports determines that they have followed accepted guidance and that the surveys have been undertaken by suitably experienced and licensed ecologists. The reports provide the Council with sufficient information to allow a properly informed assessment of the potential impact of the proposal on protected species and habitats in accordance with relevant statutory and policy requirements.

Having considered the information provided with the application, we accept that the reports show that the core area of the development site is of limited ecological value, that the potential impacts of the proposals on habitats and species can be appropriately mitigated for, and that the proposals will not generate significant ecological impacts. However, it will be necessary to ensure that all of the recommendations to avoid, mitigate or compensate for

32 harm to biodiversity which are detailed in the aforementioned ecological reports are secured by planning conditions if planning permission is granted.

The ecological enhancements detailed in the Wildlife Enhancement Plan (CES Ecology, July 2019) which will enhance existing habitats on the site and benefit wildlife in the locality are welcomed. Such enhancements will accord with the Councils duty to conserve biodiversity and meet the requirements of ERLP Strategy Document policy ENV4. Implementation of the Wildlife Enhancement Plan should be secured by an appropriately worded planning condition.

Strategic Nature Conservation Officer

It is understood that woodland habitats are significantly less sensitive than grasslands to deposition from aerial emissions, therefore any impact upon nearest Local Wildlife Site, Houghton Moor is unlikely to be significant as it is plantation woodland.

Humberside Police

No observations to make on this application.

6. PUBLICITY

Yorkshire Wildlife Trust: The proposals lie immediately adjacent to a Local Wildlife Site (LWS), however no consideration for the impacts upon it have been made within ecological reports. In addition, we would support those comments made by Natural England who have requested an air quality assessment with regards to the impacts upon statutory designated sites. As NE only consider these statutory sites, yet local designations, including LWS, are often of great local importance, we would like to see consideration for impacts to these sites also included within any submitted air quality assessment.

British Horse Society: Objection. Access would be compromised, the horse riders should not be disadvantaged using this Byway/Bridleway by the narrow width with no passing places. There are two brains to consider, the horse (which is a flight animal) and the rider. Due consideration must be given to both when introducing large vehicles within such close proximity

Objections have been received from 91 respondents raising some or all of the following concerns:  Unsustainable development contrary to local, strategic and national planning policy.  Unsuitable area for industrial farming.  Should not allow proposals for under 2000 pigs which fall under environmental permit limits.  Unacceptable contribution of emissions from animal agriculture to the climate and environmental crises which the proposals would add to.  Increased risk of spread of zoonotic diseases from the animals to humans and risk of pandemic and antibiotic resistance.  Suffering to animals due to intensive nature of farming.  Impact on neighbouring businesses, neighbouring livestock, and residential amenity due to proximity to dwellings and bridleway would result in noise and smell nuisance from pigs, machinery and traffic pollution, overlooking from lorries.  North Newbald is upwind of site and will be affected by smells.

33  Located on land which is within the Newbald 'Area of Special Interest' and adjacent to the valuable woodland of Houghton Woods.  Light pollution to the surrounding area from external and internal lights.  Detrimental visual impact with loss of countryside views alongside a bridle path which is used regularly by a large number of walkers, horses, cyclists and visitors and to view from neighbouring properties due to lack of adequate screening. Caravan and farm buildings are not well-designed. Landscaping plans are inadequate.  Inadequate arrangements for disposal of waste and impact on watercourses and environment.  Highway safety concerns to walkers, cyclists, horse riders and other vehicles from increased traffic and where access is inadequate to serve development as is single track with no passing places and a poor surface liable to flooding which would be further damaged by HGVs and dangerous junction of Cliffe Road and main road. Need for passing places remains which should be big enough for HGVs and constructed to highways specifications and Cliffe Road adjacent to entrance into site does not appear wide enough to turn into without crossing over verge. Is bridge to the east of the site strong enough? Cliffe Road should be required to be re-surfaced from junction with A1034, and dirt track section to site should be brought up to highway standard. Concerns over runoff from road increasing flood risk and pollution to neighbours. Application is misleading in relation to safety of road users.  Increased issues of vermin and fly infestation affecting enjoyment of neighbouring dwellings.  Impact on wildlife and protected species. Wildlife reports are outdated. The environmental survey undertaken does not appear to show any material change in the situation of great crested newts, nor indeed of the many other forms of wildlife in the immediate area.  Inadequate foul drainage for dwelling.  Development will not enhance or maintain the vitality of the community and would discourage visitors to the area.  Size of dwelling questioned.  Permanent dwelling could not be justified due to health issues.  Processed meat is carcinogenic.

There has also been a letter of support in relation to the proposals supporting UK farming in terms of jobs, food security and animal welfare standards.

7. PLANNING ASSESSMENT

Principle of Development

7.1 The principle of development for a livestock unit with temporary agricultural worker ’s dwelling on the site has been previously accepted through the grant of outline planning permission ref. 17/03208/OUT and is a material consideration. Whilst this permission has now lapsed, there has been no significant material change in circumstances relating to the site, immediate surrounding area or in terms of development plan policy in the period following this permission that would appear to alter the suitability of the development in principle, though this has been reassessed in the report below.

7.2 In terms of the livestock unit, it will be located on agricultural land, though it is not considered to result in a significant loss of best and most versatile land by virtue of the scale of the development. The new use would still be agricultural in any case.

34 7.3 The principle of such forms of sustainable agricultural development in a countryside location where it is anticipated that agricultural development would tend to be focussed and which would be of benefit to the local economy, would generally be considered acceptable when assessed against ERLP SD policies S4, EC1, and A1, and the NPPF (in particular the “Building a strong competitive economy” section where great weight is to be placed on the need to support economic growth in rural areas as elsewhere). This would however be subject to the development demonstrating acceptable impacts on the surrounding area, as detailed in other criteria within these policies, and also satisfying the requirements within other relevant policies within Development Plan and NPPF as detailed above.

7.4 In relation to new dwellings in the countryside it is noted that objections have been received from the Parish Council and concerned members of the public questioning the need for such in relation to the livestock unit. Comprehensive national planning policy for assessing the erection of rural worker's dwellings is currently provided by the National Planning Policy Framework (NPPF). Paragraph 79 of this document states that Local Planning Authorities should avoid isolated new homes in the open countryside unless there are special circumstances. The special circumstance that is relevant to the determination of this application is an essential need for a rural worker to live permanently at or near their place of work in the countryside. This was considered to be demonstrated under the previous application and following re-assessment under the current application would still be the case.

7.5 In line with the NPPF and on a more local scale, ERLP SD policy S4 states that occupational worker’s dwellings will be supported subject to demonstrating an essential need. The supporting text to this policy states that where a dwelling is required in support of a new rural activity it should normally, for the first three years, be provided by a temporary structure which can easily be dismantled. The supporting text further states that applications should be supported where they meet the following criteria:

 There is a clear intention and ability to develop the enterprise concerned;  There will be a clear functional need for a full time worker to be employed on the unit;  The proposed activity has been planned on a sound financial basis; and  The need cannot be met by an existing dwelling which is suitable and available for the occupation by the worker(s) concerned.

7.6 As with the previous application, the Council’s Valuation and Estates section consider that based on the submitted information they have confidence that the applicant has the intention and ability to develop the proposed new enterprise and that this enterprise has been planned on a sound financial basis. There is also confidence that the new enterprise is likely to generate a functional need for just over one full time worker to be readily available at the application site at most times of the day and night, and that this need could not be met from an existing dwelling within sight and sound of the proposed unit. Dwellings potentially available in Newbald, as commented in the objections, would not satisfy this.

7.7 The size of the dwelling has been questioned within the objections received. Although the temporary dwelling would contain 4 bedrooms, it is still relatively modest in scale with a floor area of approximately 76 sq m – the commonly accepted floor area for rural workers dwellings being up to 170 sq metres – and for a temporary dwelling would be considered a suitable size for an agricultural worker and family.

7.8 The mobile unit which is to form the dwelling should only be granted on a temporary basis of 3 years, to be achieved under an appropriate planning condition. This would allow the business to become established and demonstrate whether it would be viable in line with its projections. Any further application for a permanent dwelling, a concern raised in the

35 objections received, would need to be assessed against further criteria listed in Policy S4 of the ERLP SD and would need to be of a scale and design commensurate with an agricultural dwelling pertaining to an enterprise of this nature, the size of any dwelling would need to be assessed against the scale of the business, its on-going profitability and the relationship of the intended occupant with the associated business.

7.9 The size and nature of the temporary dwelling proposed is considered to be commensurate with the scale and nature of the proposed agricultural operations, but considering that its occupation is only necessary in association with the keeping of livestock, appropriate planning conditions will need to be imposed which will restrict when the unit can be brought on to the site, when it can be occupied, and restricting occupation to workers on the livestock unit.

7.10 The objections have questioned whether this development will enhance/maintain vitality of the community which is an underlying consideration of policy ERLP SD policy S4(A). The establishment of agricultural business in a rural area complies with ERLP SD policy EC1 in terms of encouraging growth of the local economy where scale is suitable for its location, and in particular where it will strengthen and develop one of the East Riding’s key employment sectors – agriculture, and providing employment opportunities in a rural area where job opportunities are not high. Although as commented by the Parish Council that there is an absence of local services and facilities to serve dwelling, as detailed above there is a functional need for someone to be present on site which is one of the reasons why remote locations for new dwellings can be supported.

7.11 On consideration of the above, despite the concerns raised, it is considered that the principle of this proposed development for a livestock unit with associated temporary dwelling would be acceptable and in accordance with the relevant local and national planning policies.

Area and Landscape Character

7.12 Objections have been received in relation to the perceived detrimental impact of the development on the character and appearance and views of the surrounding area by virtue of its scale, industrial nature and appearance, location, lack of screening/landscaping, and encroachment into the countryside resulting in the loss of a meadow.

7.13 The site is bordered to the west and north by a large wooded area, Houghton Moor, which is also at a higher level and which provides significant screening of the site from these directions. Partial tree and hedge cover also exists along the sides of Cliffe Road to the south of the site which again provide some screening of the site from this direction, though this should be supplemented by additional planting. The east of the site is open though there are stands and plantations of trees within the surrounding area to the east.

7.14 The area within which the site is located is identified as landscape character type 11A (West facing open farmland) within the Landscape Character Assessment for the East Riding. This area is a medium scale landscape that has several small woodland blocks and one large woodland south of Houghton. Generally there are large areas of open land between the woodlands. Medium sized fields are enclosed by hedgerows many of which contain trees. Trees are occasionally seen in the middle of fields highlighting the former presence of a hedgerow. Landscape quality of the West Facing Open Farmland, Landscape Character Area 11A, is assessed to be high, though with a capacity to accept development that respects current landscape patterns, vernacular and views, and that implements appropriate mitigation measures such as woodland and tree planting. This is reflected in that the site is identified as being within an important landscape area within ERLP SD policy ENV2

36 criterion B as part of The Yorkshire Wolds which extend to the east. Development in this area should be of an appropriately high quality and will not adversely affect the historic and special character, appearance or natural conservation value.

7.15 The general layout of the proposed development is similar to that approved under the previous outline permission (where layout was a matter for consideration), with the storage and livestock buildings in a north-south grouping within the site, set back from Cliffe Road, and with their roof ridge lines running parallel to this. The siting of the proposed mobile home is adjacent and to the west of the proposed access to the site which leads on to hardstanding areas between and to the east of the proposed agricultural buildings.

7.16 The two livestock buildings are quite large structures, each with a footprint of 60.9m by 15.2m and eaves and ridge heights of 5.6m and 7.5m respectively. Materials are indicated as to be grey fibre cement roof, and concrete panel walls with Yorkshire timber boarding above with steel gates facing the central access between the two buildings. A couple of feed hoppers approximately 5.6m tall are indicated at the eastern end of the buildings. The straw shed is an open portal frame building with an indicative footprint of 15.2m by 30.5m and a height of eaves and ridge respectively of 6m and 8.1m and will have a grey fibre cement roof. The buildings and hardstanding are typical of similar agricultural development within the area and the East Riding in general and are considered acceptable in terms of their appearance within the landscape.

7.17 The temporary mobile home is a double unit which has a footprint of 6m by 15m (slightly larger than the 6m by 11.5m on the indicative outline application plans) with a height to ridge of 3.35m and will have slate effect sheeting roof and timber effect cladding to the walls.

7.18 Views of the proposed development would be limited from the north, west and south due to surrounding screening landscaping in the form of tree cover, particularly thick to the north and west. It would therefore have limited impact on the character and appearance of the area from these directions. It would not detract from the listed buildings or conservation area of North Newbald by virtue of its degree of separation from them (approx. 1.5km) and intervening landscaping – a concern that was raised within the objections.

7.19 The relatively open nature coupled with the rising ground levels to the east would render the development more prominent within the landscape from this direction, though some screening is provided by a tree belt along the western side of the access road to Moor Farm. A new hedgerow and tree landscape belt is also indicated as to be planted to the east of the proposed development, running southwards from the wood to the north to the Cliffe Road boundary. New hedging is also indicated along the southern and western borders of the wider site in th e applicant’s ownership with details of this provided within the Wildlife Enhancement Plan. Tree planting should be further increased from the 5 trees shown, increasing density along the southern and eastern borders, as was commented under the outline planning application, and a condition will request this. The landscaping belt would take time to become established, though this could be improved through the addition of some evergreen and fast growing species to help address these concerns. Subject to such measures it is considered that the proposed development would sit comfortably within its setting and would not detract from the character and appearance of this area of special landscape value.

7.20 Seven external LED lights in total are proposed to the sides of the livestock buildings facing onto the passage between them, as well as a couple of lights on the eastern ends of the buildings adjacent to the feed bins. Technical details have been provided which show that the lights would be downward directed which should help to minimise any light spillage

37 outside the site. However there is insufficient information to demonstrate that the lights would comply with the Institution of Lighting Professionals Guidance Note 01/20 (Guidance notes for the reduction of obtrusive light) for Environmental Zone E2 (Rural). They would also need to comply with recommendations relating to external lighting installations detailed within the Wildlife Enhancement Plan to minimise the impact on wildlife. A condition is therefore recommended for this to be demonstrated prior to their installation, in the interests of ensuring that the dark quality of the rural landscape at night and neighbouring amenities are not adversely affected by excessive external lighting. This would be in line with the requirements to manage light pollution within policy ENV6 of the ERLP SD.

7.21 Subject to suitable details being submitted for additional landscaping above that indicated it is considered that in terms of its scale, design, appearance, siting and landscaping, the proposed development would have an acceptable impact on the character and appearance of the surrounding area, where the proposed development would integrate reasonably well into its setting and would incorporate additional landscaping/green infrastructure. As a result there would not be any significant adverse impact on the area of high landscape value within which the site lies. This would comply with such requirements within ERLP SD policies S4, EC1, ENV1, ENV2, ENV4, ENV5 and ENV6, and the NPPF (in particular within the “ Achieving well-designed places ” and “Conserving and enhancing the natural environment” sections ).

7.22 Consequently the objections received in relation to the development having an adverse impact on the character and appearance of the area, whilst noted, are not considered to carry sufficient weight to justify refusal where such matters are considered to be adequately addressed through the use of suitable conditions.

Residential Amenity and Neighbouring Uses

7.23 Objections have been received in relation to noise, odours, emissions, light, vermin/pests and other forms of disturbance from the development and its detrimental impact on the amenities and health of residents of and visitors to the surrounding area and villages.

7.24 There are neighbouring residential properties in the vicinity of the site. To the west of the site approximately 330m away in the wooded area lies a dwelling, The Cottage, though this is screened from the development by thick tree cover. Another residential dwelling, Moor Farm (which since the previous permission has had planning permission granted for conversion of an outbuilding to a dwelling for occupation ancillary to the main dwelling), lies a similar distance away to the north-east and is visible from the application site, whilst approximately 100m to the south-east lies a dwelling at Moorlands Farm with a caravan storage use also operating from this property. Screening to these properties from the development in the form of a landscaping belt to the east of the development and additional planting along the southern border is proposed, as indicated in the previous section. The village of North Newbald is more than 1.5km away beyond the A1034 which is considered to be an adequate separation distance to avoid any unacceptable impacts on the residential amenities of any properties in the village, and is not an unusual relationship and is reflected elsewhere in the rural parts of the East Riding.

7.25 Questions have been raised by the Parish Council and local residents in relation to the impact of the development on the local tourist industry and refers to a nearby caravan site and a holiday home business. Other than the caravan storage facility at Moorlands Farm to the south-east, there is no planning record for a caravan site in the vicinity of the site, nor for a holiday home business. However in terms of rural tourism such a relationship between

38 tourism and agricultural uses in the countryside would not be unusual or unacceptable, as is considered the case in this instance.

7.26 Agricultural development of an appropriate scale would generally be considered acceptable in such a location where agricultural development would tend to be focussed, and the principle of the development on the site has been accepted previously. The proposed layout indicates good separation distances between the proposed development and neighbouring properties would be achieved, which would not give rise to any loss of privacy, loss of light/overshadowing, or over-dominance/sense of enclosure issues to the neighbouring properties.

7.27 The proposed pig buildings are designed specifically for purpose in order to produce negligible environmental consequences in terms of smell/odour. The nature of operation under the current application will be a deep-bedded straw system which does not require on-site storage of manure. The submitted information includes an odour and noise management plan and a pest control policy. Ventilation to the livestock buildings will be natural and the pigs will be housed on deep bedded straw, with manure from within the building removed when necessary during the 20 week rearing cycle (indicated as likely to be weeks 10, 12, 14 and 16), and the straw bedding removed from the building at the end of each rearing cycle approximately twice a year, in both instances being directly loaded onto trailers to be exported and disposed of by spreading in a straw for manure agreement with a farmer in . A farm waste management scheme has been provided to this effect. The storage and spreading of manure should however comply with Defra Code of Good Agricultural Practice Protecting our Water, Soil and Air (2009). It is indicated that the buildings will have a catchment drain and dirty water arising from them, from the livestock and washing out, will be collected within a sealed underground tank.

7.28 The pigs will be fed automatically by auger from external storage bins and via monoflow bite water drinkers. Fallen stock will be stored in a sealed bin which will be removed for disposal by a licensed agent and pest control will be undertaken by a pest control company. As the total number of pigs to be accommodated is less than 2000 a permit under Schedule 1 of the Environmental Permitting (England & Wales) Regulations 2010 (as amended) will not be required. The Local Planning Authority cannot refuse to consider planning applications for livestock units which fall below environmental permit limits as commented in the objections received.

7.29 The Environmental Control section have reviewed the proposals and the Environment Agency guidance relating to noise and odour from pig units. The guidance relates to operations which require an Environmental Permit, those with 2000+ pigs. It does not require that an odour assessment is submitted with an application for a permit. It would therefore not be justified to require one in relation to the current application and the odour management plan is considered to be sufficient for the application.

7.30 Although noise assessments are not a requirement under the permitting regime, they are recommended for operations which are close to sensitive receptors (e.g. dwellings), as this one would be. There is no mechanical plant in relation to extraction/ventilation proposed so the main noise source will therefore be from vehicle engines and the pigs themselves. Predicting the noise emissions from the pigs themselves would be uncertain. Vehicle engine noise and animal noise is covered by the noise management plan, which is considered to be sufficient.

7.31 Despite the concerns raised by the PC and members of the public, no objections are therefore raised by the Council’s Environmental Control District section in relation to the

39 impact on neighbouring amenities subject to the imposition of conditions to prevent odour and other nuisances from being caused to the occupiers of residential properties in the area. The first recommended condition is not considered necessary as it would just replicate the approved plans condition, with the use controlled by the following conditions recommended. The other conditions requested are considered reasonable and necessary. The noise, odour and waste conditions will be amalgamated into one condition, with the Pest Control Policy also included.

7.32 In the interests of protecting neighbouring amenities from light pollution in what is a predominantly dark night time landscape, a suitable condition will require details of these to be submitted for approval to ensure that they would be suitable to not adversely affect these interests.

7.33 The Council’s Environmental Control Specialist has no comments or objections to make in relation to potential land contamination or air quality issues. The Environment Agency have not commented on the application.

7.34 On consideration of the above matters and subject to appropriate conditions and informatives mentioned above, the development would be acceptable in terms of its impact on neighbouring amenities and uses, in accordance with such requirements found within ERLP SD policies ENV1 and ENV6, and the NPPF (in particular within the “Achieving well- designed places” and “Conserving and enhancing the natural environment” sections).

7.35 Consequently the objections received in relation to the development having an adverse impact on residential amenities in terms of noise, odour, flies and disturbance, whilst noted, are not considered to carry sufficient weight to justify refusal where such are considered to be adequately addressed through the use of suitable conditions.

Access and Highway Safety

7.36 Objections in relation to access and highway safety have been received in relation to the development, including increased heavy goods traffic on a single track road which is unlit and inadequate to serve the development and already in poor repair which would be further affected and need upgrading, increased traffic on the roads through and around the surrounding villages, whether a bridge on Cliffe Road is structurally capable of handling the traffic to the development, and highway safety concerns due to no passing places on the road which would be required, the road being used by walkers, horse riders and cyclists, and the dangerous junction of Cliffe Road with the A1034 to the east.

7.37 Access for the proposed development would be from Cliffe Road which runs past the site to the south, and serves a number of residential, commercial and agricultural properties. Cliffe Road is the only route to the site from the main public highway network (A1034) which lies approximately 1.5km to the east. A 40 mph speed limit applies to the A1034 and visibility at the junction is available over adjoining land. The section of Cliffe Road which runs westwards beyond the access to Moor Farm past the site is a public bridleway (Newbald Byway 12). The route is recorded as a public vehicular highway and any improvements to the surface would require the consent of the highway authority, as commented in the response from the Countryside Access Officer who has otherwise raised no objections in relation to the impact on the public right of way.

7.38 The proposed layout will provide sufficient space for access from Cliffe Road, and within the site curtilage for parking, loading, off-loading and manoeuvring facilities for vehicles that would be using and servicing the unit and associated dwelling.

40 7.39 The proposals are not expected to result in an unacceptable increase in traffic movements along Cliffe Road and no objections are raised by Highway Control – information supplied within the Planning Statement indicates that for each 20 week rearing cycle there would be approximately 30 HGV livestock and feed lorry movements to and from the site, and up to approximately 40 tractor movements for removing manure when necessary during the 20 week cycle (indicated a likely to be weeks 10, 12, 14 and 16) and the used straw bedding at the end of the 20 week cycle when the pigs have been removed, plus domestic traffic from the proposed dwelling.

7.40 Cliffe Road is a narrow public highway in relatively poor condition. To the south-east of the site is a caravan storage use which has been operating for some time. The highway advice to the retrospective caravan storage planning application was an objection in 2007 but an appeal Inspector allowed that use with a condition for passing places to be provided along Cliffe Road. Details of these have been previously approved under reference 19/30176/CONDET (August 2019) and are required to be installed. These have not however been provided at this point in time and the site is therefore operating in breach of the condition, a matter which has been passed on to the Planning Enforcement team for action.

7.41 It would however be necessary for passing places to be installed prior to the development commencing from a highway safety aspect, and an appropriate planning condition to achieve this is proposed, as imposed on the previous outline permission. These passing bays could be potentially created jointly with the owners of the adjacent caravan storage business at Moorlands Farm, but this is a matter for the applicant to consider separately. There are some informal passing places in access points already and the verge is wide enough for pedestrians and horse riders to take refuge while vehicles pass, which is what happens now along Cliffe Road and on many rural roads. Apart from towards its eastern end with the A1034, Cliffe Road is also relatively straight with good visibility of approaching traffic.

7.42 The Highway Control section have stated that there is no evidence to suggest that the carriageway on Cliffe Road is not in an acceptable state of repair to enable it to take the likely traffic generated by the development. The section of Cliffe Road beyond the junction with Moor Farm would also need to be improved in terms of its construction and widened opposite the entrance to the site, which again could be required under a suitable condition. In relation to the question whether the bridge on Cliffe Road adjacent to the access to Moor Farm to the east of the site is structurally capable of handling HGVs, the Highways Engineer has inspected the bridge along the access and has commented that the overall structure is in a good condition and it is therefore assumed that the bridge can carry normal loads up 40/44 tonnes. Lorry deliveries to and from the site would be below this figure. The Cliffe Road is also not a restricted load road.

7.43 Newbald Parish Council have commented that the livestock unit would interfere with plans for a new cycle way to run near the A1034 due to the many HGVs that would need to cross the path, though no details of this are provided. It is not however considered that the amount of traffic generated by the proposals or its intermittent nature would have any significant impact on any proposed cycle way.

7.44 Subject to the requested conditions being satisfied, it is considered that the development would be easy and safe to move around and through and acceptable in terms of highway safety, in accordance with such requirements within ERLP SD policies EC4 and ENV1 and the NPPF (i n particular within the “Achieving well -designed places” and “Promoting sustainable transport” sections).

41 7.45 Consequently the objections received in relation to the highway safety impacts of the development, whilst noted, are not considered to carry sufficient weight to justify refusal since these matters are considered to be adequately addressed through the information submitted and the use of suitable conditions.

Flood Risk and Drainage

7.46 The application site lies in flood zone 1 which is of low probability of flooding from rivers and the sea, and there are no identified surface water flooding risks on the site. It is therefore a sequentially preferable location for development to be focussed in terms of its risk from flooding. In terms of drainage, the site lies outside the area which is covered by the public sewer system. A Technical Drainage Report accompanies the application.

7.47 In terms of surface water drainage, this is indicated as to be to soakaway. Soakaway tests have been submitted confirming that the site is slow-permeable, and that a suitably designed soakaway system would be appropriate in this location, with details provided as to the soakaway system to be used – an infiltration swale to the north of the proposed livestock building, and a separate soakaway for the temporary dwelling. The Land Drainage and Lead Local Flood Authority sections of the Council have reviewed the details and have raised no objections.

7.48 In terms of foul drainage, a package treatment plant will be installed to serve the temporary dwelling with treated discharge to a drainage field for infiltration. This would be the next preferred means of disposal where connection to the public sewer system is not possible. The objections received have raised concerns that this is not sufficient to serve the dwelling. The drainage report indicates a 1-6 person sewage treatment plant. The proposed dwelling has 4 bedrooms and so could potentially accommodate 8 people, so the sewage treatment plant may not be sufficient to serve the size of the temporary dwelling and anticipated occupants. It is also noted that the drainage field from the treatment plant has only been designed in relation to 2 person occupancy. Revised details would therefore be required to ensure a suitably-sized treatment plant and drainage field would be provided to serve the dwelling, though this could be dealt with by means of a condition.

7.49 Dirty water from the livestock buildings is to be drained to a sealed underground containment tank as indicated in the Planning Statement, though details are not provided and so would need to be conditioned for submission and approval. Due to the change in operation to a deep straw bedded system, it is stated that there is no requirement for a manure midden outside the buildings as was proposed under the previous outline application as manure from within the building is removed when necessary during the 20 week rearing cycle (indicated as likely to be weeks 10, 12, 14 and 16) and the straw waste only emptied at the end of each rearing cycle, in both cases being directly loaded onto trailers for transport to a neighbouring farm in North Cave for use as fertilizer.

7.50 An informative will alert the applicant that agricultural sites must comply with the requirements of The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 (where appropriate). These regulations require 'slurry', which can include wash waters from pig housing, to be fully contained in appropriately sized storage facilities prior to removal from the farm for spreading. The proposed development is located within a Nitrate Vulnerable Zone and as such any applicable rules will also need to be complied with. All farms should be constructed and operated in accordance with the advice contained in DEFRA's ‘Protecting our Water, Soil and Air - a code of good agricultural practice for farmers, growers and land managers’.

42 7.51 Subject to securing the drainage under appropriate conditions, appropriate means of foul and surface water drainage would be provided which would not increase the risk of flooding to the surrounding area, and would be acceptable in terms of the risk of pollution to the surrounding environment. The development would also be in an acceptable location in terms of its risk from flooding. This would be in accordance with such requirements found in provisions within ERLP SD policies ENV6 and A1, and the NPPF (in particular within the “Conserving and enhancing the natural environment” and “Meeting the challenge of climate change, floodin g, and coastal change” section).

Nature Conservation Interests

7.52 Objections have been received in relation to the perceived detrimental impact of the development on local wildlife and habitats and designated wildlife sites from emissions, light and other forms of pollution, and the supporting information accompanying the application not being up to date.

7.53 The application site lies within 10km of the Estuary Special Protection Area (SPA) and Special Area of Conservation (SAC) which are European sites. This is also listed as a Ramsar site and also notified at a national level as a site of Special Scientific Interest (SSSI). The development is also within 5km of other SSSI sites at Hotham Meadow, South Cliffe Common, Wyedale, Newbald Becksies and Drewton Lane Pits. The proposed development therefore has potential to affect the interest features of these sites. Houghton Moor adjacent to the site to the west is a Local Wildlife Site (LWS). The impact of the proposed development upon these sites was previously considered acceptable when considering the outline planning application.

7.54 Following the submission of additional information in relation to ammonia levels from the development, Natural England have raised no objections as they consider it is unlikely to have a significant effect in relation to its impact on the national and internationally designated sites. It can therefore be screened out from the requirement for further assessment under the Habitats Regulations. Natural England have commented that the LPA should give consideration to the impact on any protected species present in line with standing advice, the impact on any local sites and to the consideration of biodiversity and landscape enhancements within development.

7.55 In relation to the LWS, as there are unlikely to be significant impacts on the national and internationally designated sites, this would equally apply to the local wildlife site. The Council’s Strategic Biod iversity Officer has raised no objections as woodland habitats, such as the LWS at Houghton Moor (which is a plantation woodland), are significantly less sensitive than grasslands to deposition from aerial emissions and therefore any impact is unlikely to be significant. The concerns of Yorkshire Wildlife Trust in relation to the potential impact on the LWS are therefore considered to be addressed.

7.56 Although the submitted ecological reports (an Extended Phase 1 Habitat Survey (Wold Ecology Ltd, June 2016) & a Great Crested Newt Appraisal (CES Ecology, January 2017)) are the same as those which were submitted for the original outline application, the Council’s Biodiversity Officer is content that the nature conservation value of the site has not changed significantly in the intervening period, and they are therefore still acceptable to provide the Council with sufficient information to allow a properly informed assessment of the potential impact of the proposal on protected species and habitats.

7.57 The Council’s Biodiversity Officer has raised no objections to the proposals, where the submitted reports show the core area of the development site is of limited ecological value.

43 The potential impacts of the proposals on habitats and priority species can be appropriately mitigated for and the proposals would not generate significant ecological impacts. Appropriate mitigation is recommended within the reports and will be secured under an appropriate condition. This includes measures to control light pollution so that it would not unacceptably affect wildlife in the vicinity. In relation to Biodiversity Enhancements, a condition is requested to secure the habitat enhancement measures within the Wildlife Enhancement Plan which has been submitted under the current application which provides biodiversity enhancements for bats, birds and Great Crested Newts.

7.58 Subject to appropriate conditions as detailed above the development would be in accordance with the requirements for development to have an acceptable impact on nature conservation and wildlife interests and incorporate suitable biodiversity enhancements as detailed within provisions within ERLP SD policies ENV1 and ENV4, and the NPPF (in particular within the “Conserving and enhancing the natural environment” section .

7.59 Consequently the objections raised in relation to the impacts of the development upon wildlife and habitat, whilst noted, are not considered to carry sufficient weight to justify refusal since these matters are considered to be adequately addressed through the submission of information and the use of suitable conditions.

Other Matters

7.60 Objections have been received in relation to such forms of livestock development contributing to greenhouse gas emissions. Whilst this may be true, this is the case for all agricultural operations where livestock is involved, and supporting the agricultural sector is strongly encouraged within local and national planning policy for the economic benefits it brings both in terms of produce and employment. The livestock unit proposed is relatively modest in scale and therefore the emissions from it limited in scope. No manure is to be stored on the site. The accompanying modelling information on ammonia and nitrogen dispersion indicates that this would be within acceptable levels.

7.61 Objections have been received in relation to concerns over the welfare of pigs in livestock units, stating that this form of farming is cruel to animals, and there is the risk of disease spreading to the human population. Whilst noted, these matters would be controlled under separate legislation where it should be assumed that these regimes operate effectively, and the comments are not therefore material planning considerations. It has also been commented that processed meat is carcinogenic, though again this is not a material planning consideration.

7.62 Newbald Parish Council have commented that they have plans to set up a Community Renewable Energy Scheme to make the village green and environmentally responsible which would be undermined if a toxic industrial pig unit was sited nearby. Whilst acknowledged, the livestock unit is considered acceptable in all respects as detailed above and it cannot be seen how its siting would conflict with the setting up of the scheme referred to.

8. CONCLUSION

8.1 Subject to appropriate conditions, the proposed livestock unit would be considered an appropriate form of sustainable agriculturally related economic development which would be of benefit to the local economy. The proposals lie within an open countryside/rural area where agricultural development would be appropriate in principle.

8.2 Furthermore, it is considered that the principle of temporary use of a worker’s dwelling on

44 this plot in connection with the establishment of the associated pig unit would be acceptable where it would serve an essential and functional need in relation to the operation of the pig unit. It is considered that it would be appropriate for the viability of the new enterprise and associated functional need to be established before the Council takes the irrevocable step of granting consent for a permanent new dwelling in the open countryside. As such it is considered that the dwelling should be a temporary one in the first instance.

8.3 The development would have an acceptable impact on the character, appearance, amenities and safety of the surrounding area and environment, upon nature conservation interests, and would be acceptable in terms of its risk to and from flooding and in respect of access and highway safety, in compliance with the requirements of the aforementioned relevant policies within the ERLP and the NPPF.

8.4 Whilst significant objections have been raised regarding the likely impacts of the development, these matters have been considered and subject to appropriate conditions, it is not considered that there are any material planning considerations which would outweigh the compliance with policy or indicate that the recommendation should be other than for support.

9. RECOMMENDATION

It is therefore recommended that the application be APPROVED subject to the following condition(s):

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

This condition is imposed in order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004 and in order to ensure that the Local Planning Authority retains the right to review unimplemented permissions.

2. The temporary dwelling hereby permitted shall not be brought onto the site until the works to construct the livestock buildings and straw storage building hereby permitted have been completed and the temporary dwelling shall be sited in the location shown on the approved plans.

The occupation of the temporary dwelling hereby permitted shall not commence until livestock delivery has taken place and at least 995 pigs are being accommodated within the livestock buildings on the site.

This condition for phasing of the development is imposed in accordance with policies S4 and ENV1 of the East Riding Local Plan in order to ensure that the justification for the dwelling in that it is required in relation to the proposed agricultural activities on the site is satisfied.

3. The applicant shall inform the Local Planning Authority in writing of the date occupancy of the temporary dwelling first commences. The occupation of the temporary dwelling shall be for up to 3 years only and shall be discontinued and the temporary dwelling and all associated infrastructure, structures and domestic paraphernalia be removed from the site and the land restored to its former condition as undeveloped meadow/grassland if the

45 livestock unit on the application site ceases to operate, or no later than three years from the date of first occupation of the dwelling, whichever is sooner.

This condition is imposed in accordance with policies S4 and EC1 of the East Riding Local Plan as the site lies in the open countryside, and permission has only been granted on a temporary basis in order that the viability of the associated proposed pig unit on the site for which a dwelling on the site is required may be established.

4. The occupation of the temporary dwelling shall be limited to a person solely or mainly working or last working in agriculture on the livestock unit on the site, or a widow/widower of such a person, or to any resident dependants.

This condition is imposed in accordance with policies S4 and ENV1 of the East Riding Local Plan because the application site lies within an area of open countryside as defined in the development plan. Planning permission is not normally granted for residential development in the open countryside unless there is a proven need in the interests of agriculture or forestry. It is considered that such a need exists in this case to provide essential living accommodation in relation to the associated proposed livestock unit. It is necessary to restrict the occupation of the dwelling to ensure that it remains available to meet the needs of agriculture on this site.

5. All soft landscaping in the form of hedgerow planting comprised in the approved plan ref. 101948/07 Rev B and detailed within the Wildlife Enhancement Plan (July 2019) shall be carried out in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner, and retained for the lifetime of the development. All hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any plants which die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

This condition is imposed in accordance with policies ENV1, ENV2, ENV4 and ENV5 of the East Riding Local Plan because a well-designed landscaping scheme can enhance the living environment of future residents, improve biodiversity, reduce the impact of the development on the amenities of existing residents and help to integrate the development into the surrounding area.

6. Notwithstanding the details on the submitted site plans, no development shall take place above foundation level until details of additional tree planting above the five specimens indicated on the submitted plans (which should also include evergreen specimens) within the proposed landscape belt to the east of the development, and along the southern border to supplement existing tree and hedge cover, have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include:

 Planting plans  Schedules of plants, noting species, plant sizes and proposed numbers/densities

These works shall be carried out as approved in the first planting and seeding season following the first occupation of the development or the completion of the development whichever is the sooner, and retained for the lifetime of the development. Any trees or plants

46 which die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

This condition is imposed in accordance with policies ENV1, ENV2, ENV4 and ENV5 of the East Riding Local Plan because a well-designed landscaping scheme can enhance the living environment of future residents, improve biodiversity, reduce the impact of the development on the amenities of existing residents and help to integrate the development into the surrounding area.

7. The two livestock buildings hereby permitted shall only be used for the accommodation of pigs on a deep straw bedded system as detailed within the Planning Statement by George E Wright submitted 15.09.2020.

This condition is imposed in accordance with policies ENV1 and ENV6 of the East Riding Local Plan in the interests of residential amenity and to prevent an odour and other nuisances from being caused to the occupiers of residential properties in the area.

8. The livestock unit shall be operated in accordance with the procedures detailed in the Odour Management Plan, Noise Management Plan, Pest Control Policy, and Waste Management Plan (Schedules 1, 2, 3, and 4 respectively) contained within the Planning Statement by George E Wright submitted 15.09.2020.

This condition is imposed with policies ENV1 and ENV6 of the East Riding Local Plan in the interests of residential amenity and to prevent unacceptable odour and noise nuisances from being caused to the occupiers of residential properties in the area.

9. Notwithstanding the submitted details, any proposed external lighting shall be demonstrated, in accordance with details to be submitted to and approved in writing by the Local Planning Authority, to comply with the Institution of Lighting Professionals Guidance Note 01/20 (Guidance notes for the reduction of obtrusive light) for Environmental Zone E2 (Rural), or subsequent replacement guidance for it, prior to their installation, as well as in accordance with the recommendations relating to external lighting within the Wildlife Enhancement Plan accompanying the application. Only such lighting as approved shall be installed and shall thereafter be operated and maintained in accordance with the approved details.

This condition is imposed in accordance with policies ENV1, ENV4 and ENV6 of the East Riding Local Plan, in the interests of the visual and residential amenities of the area in order to ensure there would not be unacceptable light pollution within the dark night-time rural landscape or to neighbouring properties, and nature conservation interests also.

10. No development shall commence until Cliffe Road has been improved with the provision of inter-visible passing places within highway land along its length in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The vehicle passing places shall thereafter be retained.

This pre-commencement condition is imposed in accordance with policies ENV1 and EC4 of the East Riding Local Plan in order to ensure adequate access to the development in the interests of highway safety.

11. No part of the development hereby approved shall be first occupied/brought into use until

47 the means of access, parking and manoeuvring space has been constructed in full accordance with the approved plan ref. 101948/07 Rev B. The vehicle parking, turning, loading and off-loading facilities serving it shall thereafter be retained and not used for any other purpose.

This condition is imposed in accordance with policies ENV1 and EC4 of the East Riding Local Plan in order to ensure adequate access and servicing to the development in the interests of highway safety.

12. Notwithstanding the submitted details, the temporary dwelling hereby permitted shall not be brought onto the site until details of the works for the disposal of foul sewerage have been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be first occupied/brought into use until the approved sewerage details have been fully implemented in accordance with the approved plans which shall thereafter be maintained and managed in accordance with the manufacturer ’s instructions .

This condition is imposed in accordance with policy ENV6 of the East Riding Local Plan and in order to ensure that the proposal is provided with a satisfactory means of drainage. The submitted details for the package treatment plant and associated drainage field would be of insufficient capacity to service the needs of potentially 8 persons occupying this 4 bedroomed dwelling.

13. The development shall not be first occupied/brought into use until the approved surface water drainage details (to soakaway and infiltration swale) have been fully implemented in accordance with the application form, and the Drainage Technical Report by Alan Wood and Partners (Ref JAG/JP/43255-Rp001) dated 31.10.2019 and the Proposed Drainage Layout Revision P2 drawing contained within. The surface water drainage system shall be managed and maintained in accordance with the approved details.

This condition is imposed in accordance with policy ENV6 of the East Riding Local Plan and in order to ensure that the proposal is provided with a satisfactory means of drainage.

14. The development shall not be first occupied/brought into use until a containment system to collect dirty water from within the livestock buildings and associated with their washing out has been installed within the site, in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority. The containment system shall be retained during the lifetime of the development.

This condition is imposed in accordance with policies ENV1 and ENV6 of the East Riding Local Plan to prevent increased risk of flooding and pollution of the surrounding environment.

15. Development shall take place in strict accordance with all of the recommendations for mitigation to safeguard bats, birds and hedgehogs as set out in Section 7 of the Extended Phase 1 Habitat Survey (Wold Ecology Ltd, June 2016), and all of the Reasonable Avoidance Measures to safeguard great crested newts detailed in the Great Crested Newt Appraisal (CES Ecology, January 2017), as submitted with the application in all respects.

This condition is imposed in accordance with policies ENV1 and ENV4 of the East Riding Local Plan to ensure that all species are protected, having regard to the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2017.

48 16. The habitat enhancement measures for bats, birds and Great Crested Newts detailed in section 3 of the Wildlife Enhancement Plan (CES Ecology, July 2019) shall be implemented in full in accordance with the details and timetable contained therein and shall be retained thereafter.

This condition is imposed in accordance with policies ENV1 and ENV4 of the East Riding Local Plan to secure biodiversity enhancements within the development in accordance with the recommendations of the ecological surveys forming part of the application.

17. The development hereby permitted shall be carried out in accordance with the following approved plans:

101948/05 Rev C – Location plan – received 06.01.2021 101948/01 Rev B – Floor plan and elevations (building 1) – received 06.04.2020 101948/02 Rev B – Floor plan and elevations (building 2) – received 06.04.2020 101948/03 – Floor plan and elevations (storage unit) – received 06.04.2020 101948/06 – Floor plan (mobile home) – received 06.04.2020 101948/07 Rev B – Site plan – received 06.01.2021 L_25808 – Façade A-D/9-1 (mobile home) – received 29.04.2020 L_25808 – Façade D-A/1-9 (mobile home) – received 29.04.2020

This condition is imposed in accordance with policy ENV1 of the East Riding Local Plan for the avoidance of doubt and to ensure that the development hereby permitted is carried out in accordance with the approved details in the interests of the character and amenity of the area and the provisions of the Development Plan.

Note to Applicant/Agent

New Addresses or Street Names If, as a result of this development, the property needs a new address or street name creating please contact the Address Management Team on 01482 393967/393943 or visit the Council ’s website to download the relevant forms at the following link: http://www.eastriding.gov.uk/environment/roads-streets-traffic-and-parking

Pollution Control Agricultural sites must comply with the requirements of The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 (where appropriate). These regulations require 'slurry', which can include wash waters from pig housing or drainage from manure stores, to be fully contained in appropriately sized storage facilities prior to removal from the farm for spreading. They also require the Environment Agency be formally notified at least 14 days before construction of a store commences.

To ensure they can comply with these regulations, the applicant is advised to call 08708 506 506 and ask to speak to their local Land and Water team.

The proposed development should have provision to ensure anything other than clean rainwater is adequately contained. Seepage from open-fronted bedded areas should be avoided or directed to an appropriately sized store built in compliance with the above regulations.

The proposed development is also located within a Nitrate Vulnerable Zone and as such

49 any applicable rules will also need to be complied with. All farms should be constructed and operated in accordance with the advice contained in DEFRA's ‘Protecting our Water, Soil and Air - A code of good agricultural practice for farmers, growers and land managers’.

Spreading of Manure To comply with the Defra Code of Good Agricultural Practice Protecting our Water, Soil and Air (2009) spreading of manure at weekends, bank holidays or in the evening should also be avoided. All manure shall be incorporated as soon as possible and at the latest within 24 hours of spreading. Manure and dirty water should not be spread within 10 metres of any ditch, pond or surface water or within 50 metres of any spring, well or borehole that supplies water for human consumption or for farm dairies.

Public Right Of Way Newbald Byway 12 to the south of the site is recorded as a public vehicular highway and any improvements to the surface would require the consent of the highway authority.

The scale of the Definitive Map and the information contained within the accompanying statement make precise determination of the PROW lines extremely difficult. Applicants should satisfy themselves that they have determined this first prior to submitting an application. Applicants should not use the planning process to determine the width, status or precise route of a public right of way. It may be from time to time that during the application process, during construction, or post construction that evidence is presented to the authority that would suggest that any route incorporated within a development, or adjacent to a development site, is not on the correct line, even though the line on the Definitive Map might appear to be protected. The authority is legally bound to consider this evidence and it could lead to a situation, through no fault of the Planning or Highway Authority that a route is built upon, or obstructed by gardens or boundary walls. Applicants should be aware of this, and make all reasonable attempts to seek clarification of this prior to commencing development.

The granting of planning permission does not grant permission to obstruct a public right of way, and applicants should ensure that they have protected the line shown on the Definitive Map. Interference or improvement of the surface of a public right of way requires the specific permission of the PROW section of the East Riding Council. Interference without permission constitutes an offence under the Highways Act.

Applicants should ensure that they have the necessary private vehicular rights to use the public right of way as driving a motor vehicle on a footpath, bridleway or restricted byway may constitute a criminal offence. The rights of way section reserves the right to have sight of this documentary evidence.

Works within the Highway The developer may be required to enter into a legal agreement for the required within highway works under Section 62/278 of the Highways Act 1980 to ensure adequate financing and satisfactory completion.

It is considered that a decision made in accordance with this recommendation would not result in any breach of the Human Rights Convention.

In making this decision the Council has followed the requirements in paragraph 38 of the National Planning Policy Framework.

50 Alan Menzies Director of Planning and Economic Regeneration Contact Officer Mr Tim Williams

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