To receive any questions relating to items on the agenda from members of the public and replies thereto.
Note: A maximum of 30 minutes is allowed for this item.
Minutes:
Mrs S Coffin, Chair of Templeton Parish Council, referring to item 10 on the agenda, said we thank Mrs Clifford for her response to the questions raised regarding outstanding issues emanating from Cleave and Crossparks. We also acknowledge Mr Simon Newcombe’s long report from Environmental Health. We have been unable to respond individually to each report at this stage being overwhelmed with present issues but will be responding in writing after our next Parish Council meeting at the end of this month. However, in the meantime we do raise the following general issues:-
We ask whether the matter of a Change of Use for a transfer operation site at Cleave and associated lands to include Crossparks slurry pit has been resolved yet. Has the disc submitted to Council by Cllr R L Stanley been evaluated?
This same activity of facilitating energy producing AD’s by the same operator for the purpose of removing and storing liquid digestate waste/fertiliser was recognised by your enforcement officers as requiring specific planning permission in the Pulsards Enforcement Case. We presume that the land is being re-instated to agriculture now that the three month notice has expired.
Your Planning Committee by approving this enforcement decision endorsed your Enforcement Officers reasons and observations for acknowledging the potential unacceptable nuisance impact of the agents proposed use for importing/storage of digestate. This was for houses within 400 metres of the already excavated slurry lagoon. Your officers further speculated that although the applicant would be able to apply for retrospective planning they did not feel that all/any potential nuisance caused by the slurry/digestate lagoon could be sufficiently mitigated by specific conditions.
We wish to point out that the Crosspark slurry pit has 4 properties nearby (under 100 metres to within 600 metres) whose residents are now all experiencing, since January, adverse reactions to the slurry pit operations on this site. Medical Doctor’s reports, Fire reports and hospital A and E reports have and are still being submitted to Mr Winter by residents.
Templeton Parish Council therefore ask why does the unlicensed operation at Crossparks pit and Cleave Farm not constitute a similar nuisance to well-being and quality of life and require planning change of use. Neither Cleave nor Crossparks have an AD on site and the activity of importing from AD’s is within the four year limit timeline in which the council can take remedial action?
Templeton Parish Council also ask why your Environmental Health Department categorically refuse to acknowledge the potential for nuisance at Crossparks slurry pit? The danger of fumes from slurry pits are well documented. They have already served a Noise Order on 12 March 2013 which resulted in requests to move the one tractor that was pumping to the opposite side of the pit.
The open topped below ground level agricultural slurry pit at Crossparks was built in 1993 to accommodate and store for a period of six months the slurry produced by the new adjacent building complex housing dairy herd replacements and dry cow unit. This was to facilitate new NVZ regulations that were being brought in nationally. The idea being that due to high rainfall in this area and the best practice guidance for non-pollution of groundwater sources, wells, boreholes and streams this capacity containment would prevent the necessity to spread slurry when tractors and tankers were unable to get on the land and conditions were likely to cause run off and pollution. Thus limited movement activities at the pit and limited periods of nuisance both odour and noise throughout the year.
The nuisance problem has escalated since the operators accommodating imported digestate from outside the parish, district and county on this site. This has caused increased traffic activity and movement at these premises as well as causing a continual odour presence in the nearest property and unpredictable unidentifiable odour invasion of other nearby neighbours properties depending on atmospheric and weather conditions at the time. Also an increased noise nuisance when emptying and filling the pit.
We feel it worth noting that the surface of the sealed purpose built digestate storage tanks on AD sites are a minimum of 10 metres+ above ground with a cover. This would ensure that any escaping gaseous emissions from any still potentially active process within the tank would be released into the atmosphere above normal human height and with increased potential dissipation into the atmosphere. Crossparks pit surface is at a ground level.
It is also worth noting that any standard permit covering digestate storage conditions state that no dwelling can be within 200m otherwise a bespoke permit will need to be granted if sufficient mitigating conditions can be applied.
Templeton Parish Council are confident that we have discharged our responsibilities. We ask if Councillors are confident that your Environmental Health Department have done the same and who will be responsible for any ‘nuisance’ adverse symptoms presenting that may escalate to a more serious medical health problem.
We question:
Environmental Health have no machinery to measure toxic levels except for a trained sniffer who refuses to supply a rapid response out of hours contact number. State that they have made exhaustive visits in accordance to their own schedule yet cannot respond immediately to any complaints due to pressures of other more important issues. State that they have made extensive document research – we submit brief selection of our publically sourced documents which support the potential for nuisance being experienced by residents.
Either Environmental Health are dismissing our residents as liars or do not attribute any concern as to their human rights to be able to live and enjoy their homes.
Neighbours have been continually told that there is nothing to relate nuisance to adverse health symptoms to Crossparks pit. So what and where is the source of resident’s problems? We live in open countryside; we can see Dartmoor in one direction and Exmoor in the other direction.
Thank you for your time and please be assured that until this matter is satisfactorily resolved and our residents are able to live in and enjoy their homes as is their human right we will be continually chasing answers.
Mrs S Faulkner referring to item 10 on the agenda, said I have suffered from obnoxious fumes since mid-January.
I visited Mr Hill at Palm Springs most evenings for two weeks to confirm to him that I could smell obnoxious fumes coming into his house through fire vents and the trickle vents in his windows. He said that it was always worse at night.
On the night of the 5th February I witnessed a large wave of obnoxious fumes in Mr Hills front garden. I was so frightened for Mr Hills life that I phoned 999.
The Fire Service were already alerted to our problem and sent out a specialist in the middle of the night.
On the 8th February we all woke in our home here at Mount Pleasant Farm (approx. 800m from the pit) as the fumes came into our house.
I was by now experiencing increasing symptoms (wereas the rest of the family to varying degrees). Symptoms were sore mouth and lips and throat, fissured tongue, swollen glands, excessive phlegm, irregular heartbeat, pain in chest and considerable tiredness.
I therefore asked other neighbours to visit Mr Hill in the evening, which they did. Most could not smell it, but all had varying degrees of similar symptoms after an hour or so.
On 22 February I woke in the night unable to breath due to excessive phlegm. I felt detached and was hallucinating. My husband and son propped me up and hit my back. I coughed up phlegm which burnt my throat and mouth. My heart was racing and my chest was painful. They phoned 999 and were told that an out of hours Doctor would visit. I did not improve and so decided to go to A and E in the morning. My BP measured 240/101 and I was taken to Exeter by ambulance.
On 25 February my husband and I decided to have a night away. We got in the car which had not been used since we had experienced the obnoxious fumes over the farm on 23 February. The car was full of fumes. I ended up at A and E in Barnstaple.
We then went to live with my daughter. My son stayed at home to look after the farm. On 1st March he woke at 1am with palpitations, burning in his nose and a headache. It was so severe that he fled the house with the dogs. He found that his symptoms settled when he moved to a different area.
Since then he has experienced more palpitations when he ‘senses’ the fumes around the farm.
Please understand that most of the time we do not smell anything and just experience the symptoms. He is now sleeping in the caravan in our wood where the air is cleaner.
These fumes attack on our bodies seem to occur when there is any activity in the pit and the wind is blowing from the direction of the pit to our farm
My husband and I are still sleeping away from home.
I wish to ask – is Mid Devon sure that it is safe for me and my family to sleep in our home?
Mr G Faulkner, referring to item 10 on the agenda, said the fumes have affected us all. Environmental Health has numerous Doctors reports. My wife has had several episodes of being unable to breath.
Mr Winter has suggested that my wife, without prior notice, be an ignorant witness to the next big stir of the pit. I remember only too well propping her up while she was trying to wretch, beating her back to try to dislodge the phlegm, thinking that any breath could be her last.
I am not at all keen on Mr Winters experiment.
These fumes have caused my dogs to go lethargic. They have since recovered by staying away from the farm as have the goats and chickens and us.
Occasionally the cows are agitated, racing around the buildings for no apparent reason. We have had to put one down for breathing problems and one does not look right.
I am worried about the vulnerable in-lamb ewes, as I myself suffered from the fumes while and after moving the fence.
We have had to test our well water (our drinking water) for fear that the fumes have drifted down the well.
Environmental Health have all along struggled with the idea that if you cannot smell odour – it does not exist.
We have been told by the hospital, A and E, doctors, Public Health England and the Environment Agency that health problems are the responsibility of Mid Devon District Council Environmental Health.
Surely these fumes affecting several families are at the very minimum a nuisance.
The Chairman indicated that these questions would be answered at the agenda item.