Decision Maker: Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Consideration was given to a case in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
a) No. 1 in the Enforcement List (Enforcement Case ENF/16/00269/NUDRU– unauthorised carrying out of engineering operations and excavation works on agricultural land to create a slurry pit – Pulsards Farm, Pennymoor, Tiverton).
The Enforcement Officer outlined the contents of the report informing the meeting that an application had been submitted retrospectively to Devon County Council; she had been informed that this had not been validated to date as some of the information required was missing. There was a need to establish whether this application would be a county matter or whether it would sit with the District Council. However legal advice had been sought which had confirmed that enforcement action could proceed. She outlined the issues at Pulsards Farm where works had been undertaken without permission which had involved the excavation and works for a slurry pit within 400 metres of a protected building. A temporary stop notice had been served following consultation with the Chairman and Vice Chairman of the Committee.
She addressed the issues raised in public question time: the landlord had received a copy of the Stop Notice and would receive any copies of further notices. She requested that Miss Coffin contact her separately with the detail of her other questions and she would provide a written response.
Consideration was given to:
· the continuity of the temporary stop notice and any other notice.
· the work that had taken place as described by the agent and the link between the AD plant at Edgeworthy and the transport statement submitted as part of that application.
· The extent of the works that had taken place without permission.
RESOLVED that the Legal Services Manager be given delegated authority to:
a) Issue a Stop Notice requiring the cessation of all works in connection with the creation of slurry pit or digestate storage facility at the site, and;
b) Issue an enforcement notice requiring the cessation of all works in connection with the creation of a slurry pit or digestate storage facility at the site and reinstate the land to the same contours and levels as the surrounding agricultural fields;
c) Take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notices.
(Proposed Cllr P J Heal and seconded by Cllr R L Stanley)
Notes:
(i) Cllr Mrs F J Colthorpe declared a personal interest as the landowner, tenants and others were known to her, she was also Ward Member;
(ii) Cllr Mrs F J Colthorpe and P J Heal made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had been involved with the issuing of the Stop Notice;
(iii) Cllr R L Stanley declared a personal interest as he knew some of the objectors and the person undertaking the work;
(iv) Cllrs R J Dolley and B A Moore declared personal interests as some of the objectors were known to them;
(v) Mr Roberts (Agent) spoke;
(v) the following late information was reported :
The enforcement officer was made aware on the 29th November that a planning application has been submitted to Devon County Council in relation to the works undertaken. At present this is invalid as essential information has not been supplied. Devon County Council are also yet to determine whether the application is a County matter or whether it should be dealt with by Mid Devon District Council. Advice has been sought from the Legal Services Manager who has confirmed that the submission of this application does not have an impact on the continuation of formal enforcement action at present as the County are yet to determine if the matter falls under their jurisdiction.
Two emails had been received in support of the Council taking enforcement action in relation to this matter. The first reads as follows:
Thank you for the opportunity to voice my opinions with regard to the above case. In previous conversations with planning officers, I was informed that no slurry pit can be sited without planning permission within 400m of any dwelling. The nearest dwelling to the positioning of this site is 110m, well inside 400m. A further nine houses are within 200m and 40 dwellings are all WITHIN 400m. For this reason, it is clear to see that the applicant needs planning permission for installing this pit.
In GOV UK it states that ‘You must notify the Environment Agency at least 14 days before you build new storage for slurry or make substantial changes to an existing store’. The applicant did not notify the environment agency at all prior to starting the slurry pit and has shown total disrespect for the environment; removing at least 70m of Devon hedgerow and positioning the pit too close to a waterway and local dwellings.
The installation of this slurry pit will significantly affect the immediate 40 dwellings but will also have a massive effect on the village; the smell initially will affect the houses in close proximity. Last year when the applicant stored chicken manure, none of the local dwellings could open their windows for weeks or put out washing, due to the awful smell that was omitted. Installation of the slurry pit will cause this problem again, why should we have to live behind closed windows? To fill the pit constant traffic will be used to transport millions of litres of AD waste/slurry down narrow and unsuitable lanes. The applicant last year used these lanes to transport chicken waste to Pulsards leaving the lanes unpassable and dangerous for traffic and pedestrians. On one occasion the police were called to warn motorists and to get the applicant to restore the lanes, making them safe again. This previous disregard for the safety of local residents clearly shows what little the village safety means to this farmer, he has left the lanes on numerous occasions unpassable and dangerous and transporting slurry to this pit will cause this to happen time and time again. The pit is being sited too close to a water course and with this there is the potential of pollution (please note I have been made aware that this is something the applicant has already been prosecuted for on his other farms). The applicant was informed to remove the old slurry pit, which had no actual planning permission, he totally ignored this and instead completely removed a Devon hedgerow and increased the slurry pit to a size that is far greater than the farm requires, with no regard for planning, site and soil suitability and the impact on the environment or village. On completing the work already carried out (removing the old slurry pit, removing the hedgerow and digging a crater), the work force were working into the early hours of the morning, numerous machines were used and floodlights were shining throughout the night, keeping local residents awake on several nights and once again showing NO consideration for people who live locally.
I have lived in this village all of my life and totally know what it is like living and working in a rural community. I have lived in my current home for 21yrs, near to this farm. Since the current tenant has taken over the tenancy, the farm buildings have all deteriorated and many are now beyond repair. These shed can’t and don’t hold the number of livestock that warrant a slurry pit the size that has been created. He states that he is using the pit to store digestate from other farms, the tenant has several other agricultural sites, which would be better suited than at Pulsards.
We live in a society were rules are there for a reason and we should all live by them. Why is it this applicant thinks that he is different from everybody else and can totally ignore planning rules and destroy the local environment in the process? Taking all the above into account I would appreciate the committee to support the 'stop notice' and for the council to refuse any future planning permission for this work to Pulsards Farm.
The second states the following:
I am writing in reference to the works at Pulsards Farm, Pennymoor.
I have previously contacted the council and spoken to the Duty Planning Officer to advise of works being carried out. At the time the planning officer confirmed that planning permission had not been granted for any work at this address.
I would like to make the council aware of my concerns regarding work at the above address:
1. The area being excavated is only approx. 100 metres away from residential dwellings.
2. The tenant has previously stored chicken effluent in the silage pit at this address which was reported to the council. I am led to believe that this was to be used in a local Anaerobic Digestion plant (despite not being detailed as a storage site on the related planning applications). This 'material' greatly affected the close residences because of the "stench" it emitted - resulting in windows having to be kept closed and washing not being able to be hung out. Because of this connection, and the known connection Mr Reed has, to the Anaerobic Digestion plant I am fearful that this excavation work will eventually result in additional storage for fuel for the Anaerobic digestion plant resulting in potential odour and additional traffic through the village.
3. Work commenced without planning consent being sought. This included the removal of a Devon bank with beech hedge which previously marked the boundary for the existing slurry pit. This demonstrates the underhand way in which the tenant acts with total disregard to local people.
Taking all of the above into account I would greatly appreciate the committee to support the 'stop notice' and for the council to refuse any future planning permission for this work to Pulsards Farm, Pennymoor.
Publication date: 05/12/2016
Date of decision: 30/11/2016
Decided at meeting: 30/11/2016 - Planning Committee
Accompanying Documents: