To consider an implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 18 April 2018, were minded to refuse planning permission, but a final decision was deferred pending consideration of this implications report.
Additional documents:
Minutes:
The Committee had before it an * implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 18 April 2018, were minded to refuse planning permission, but a final decision was deferred pending consideration of this implications report.
The Area Team Leader outlined the contents of the report stating that the only additional information to that discussed at the previous meeting was that the agent would be submitting an application for the revised location of the slurry pit. He informed the meeting of the current application site, the relationship between the dairy and the location of the slurry pit, the plan which identified the pipe line, the access and photographs from various aspects of the site. He explained that if Members were to refuse the application then enforcement action would be required and that this had been added to the recommendations before Members as requested.
Consideration was given to:
· Possible enforcement action and the process that would have to take place
· Possible noise issues from the proposed pumping of slurry via a pipeline
· The continued impact of the slurry pit on the neighbouring properties
RESOLVED that the application be refused on the following grounds that:
The slurry lagoon and earth bank surrounding it, by reason of its size, scale and siting in close proximity to the neighbouring properties at Mardles Gate and Manor Croft, is considered to adversely affect the residential amenity and the living conditions of these neighbouring occupants. Furthermore, and given the close proximity to the aforementioned residential properties, the members of the Planning Committee remain unconvinced that the scope of the mitigation measures as proposed as part of the planning application proposal are sufficient to address the odour nuisance and air quality impact in a robust and satisfactory manner and would therefore continue to contribute to the scope of the un-neighbourly impacts that would arise from the scheme as it is proposed. On this the application scheme is considered to be contrary to Policies DM2, DM7 and DM22 of Mid Devon Local Plan Part 3 (Development Management Policies) and guidance in the National Planning Policy Framework.
And that:
Having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Sections 172 and 183, Town and Country Planning Act 1990, (“the Act”) delegated authority be given to the Group Manager for Legal Services to take all such steps and action necessary to secure the restoration of the land to its former condition which would at the same time redress the unauthorised use of it to store slurry. This may include the issue of an enforcement notice and prosecution and/or direct action in the event of non-compliance with the notice. The reason as recommended for serving the notice is set out above.
Delegated authority be given to the Group Manager for Legal Services, in consultation with the Group Manager for Development Management, to make a decision on whether a stop notice ... view the full minutes text for item 13