Agenda item

The Chairman introduced the next item, application number 144826, for erection of 2no. additional poultry sheds with associated feed bins, hardstanding area, dirty water tank and associated landscaping, at Gulham Fields Farm, Gulham Road, North Owersby, Market Rasen, LN8 3PS. The Officer informed Members of the Committee that there was an update to condition 5, to read as followed.

 

“The development hereby permitted shall not be occupied before

a)    Highway improvements in the form of four localised carriageway widenings (passing places) have been provided, in accordance with details that shall first have been submitted to and approved in writing the local planning authority and subsequently certified as complete. The details submitted shall include appropriate arrangements for the management of surface water runoff from the highway and

b)    The highway improvements required by condition 5 of planning permission 140754 dated 24^th August 2020 have been certified as complete.”

 

The Chairman informed Members of the Committee that there were three registered speakers. He invited the first registered speaker, the applicant, Alec Mercer to give a statement. The statement below was read aloud.

 

“Chairman, Members, thank you for the opportunity to speak.

 

Gulham Fields Poultry Unit is a modern poultry unit which currently extends to 6 poultry houses which are producing chicken for UK supermarkets. The site is modern unit operating to best available techniques and incorporates renewables such as ground source heat pump and roof mounted solar panels, to make the farm more sustainable, reducing its reliance on fossil fuels.

 

The current application seeks consent to erect an additional 2 No. poultry houses on the site. The UK is currently only 65% self-sufficient in chicken, and reliant on imports from countries such as Brazil and Thailand to make up the balance, therefore I firmly believe it is important that we improve our self-sufficiency and decrease our reliance on product coming from abroad where we cannot guarantee the rearing and environmental standards.

 

The application site itself is a very good location for a poultry farm in operational terms. It is in remote location, well away from neighbours and settlements. The closest neighbour is more than 400m away from the site and the closest settlement of North Owersby is 1.8km away. The farm is permitted by the Environment Agency under the Environmental Permitting Regime and the Environmental Permit controls all emissions from the site including odour, noise, dust, ammonia, foul and surface water drainage and the disposal of waste.

 

When we applied for the original poultry sheds on the site, highway impacts were the main concern of the Local Planning Authority. Since that time, we have spent in excess of £100,000 on improvements to the road, including resurfacing, junction and bend widening and passing places.

 

We are currently in the process of implementing further road improvements associated with the planning application for sheds 5 and 6, which includes a further 4 passing places, and a further bend widening, amounting to an additional £50,000 of road improvements.

 

Frustratingly I acknowledge that this should have already been completed, and it was my genuine intention to have it completed well over a year ago. However due to Covid delaying meetings, and traffic licensing, it kept being pushed back. This has been clearly demonstrated to our planning officer to his satisfaction, and the work is finally set to start on the 7th November.

 

Prior to submitting this planning application, we undertook pre-application discussions with Lincolnshire County Council highways, and they supported the development, subject to a scheme of further passing places. The works which we have done to the highway have significantly improved the route for all users, and our site has now been operating for 5 years without any highway issues (reported or otherwise) whatso ever.

This application has been fully reviewed by technical consultees - no objections have been made by Highways, Environment Agency, Environmental Protection and Natural England, and the Officer recommendation is one that planning permission be granted.

It is therefore respectfully requested that the committee grants planning permission for this development. Thank you.”

 

The Chairman invited the Democratic and Civic Officer to read out the second statement, from an objector, Mark Popplewell. The objector’s statement below was orated.

 

“I strongly object to the expansion of this poultry farm, near where I live.

 

It is important to highlight to the Planning Committee the recent history of the inception of this intensive development. This very Planning Committee refused the applications both for the initial six broiler units in 2014 and then four units a year later having visited the site in person. The proprietor only proceeding on appeal with a lower capacity of four units in 2016. Since then, we are seeing strategic piecemeal planning applications being made in 2020 to six units and now in 2022 to eight units, with the aim of doubling its size of operation in such a short timescale. When will this stop, I ask?  This audacious approach is certainly not in the spirit of the planning process nor allows the Planning Committee to thoroughly evaluate the proprietor’s application in respect of its impact. Context is important, as it is not just another two more units. Size and scale should be proportionate to the rural character of the location.

 

The two-mile public highway from the A631 to the poultry unit on Gulham road is unsuitable for further increases in HGV movement with the road lacking the required structural foundations. The route is a narrow single track access road with blind bends and is designated by Highways as 'unsuitable for HGV' traffic. The road is uneven, rough, and has a significant number of potholes and road structural issues, which I have personally reported 28 separate cases in the last 6 months. The road is not maintained in winter, and existing passing places are poorly located, causing safety risks to road users. Even allowing for the additional passing places planned, the road is not suitable.  

 

It is important to refer back to the appeal decision notice in 2014 that rejected the planning application for six units with the Planning Inspectorate concluding that the proposal would severely impact highways safety with the following statement - Section 10 refers: 

 

“I conclude, therefore, on the main issue that the proposal would be likely to be severely prejudicial to highway safety along Gulham Road on particular days of the year. This brings the scheme into conflict with Policy STRAT 1 of the West Lindsey Local Plan First Review 2006 which endeavours, amongst other things, to ensure that new development does not create or aggravate highway problems. This policy is broadly in line with the National Planning Policy Framework which emphasises the need to prevent development that would have a severe impact on the highway network.”

 

The severity to highway safety was last considered by the Planning Inspectorate in 2016, which considered HGV movements but for only four units. 

 

Therefore, the Planning Inspectorate’s 2014 conclusion that the six unit would likely severely impact highways safety remains relevant and should be a carrying factor to the eight-unit decision.

 

Interestingly, the National Planning Policy Framework requires the road to be suitable; not to have an unacceptable impact on highways safety, or the residual cumulative impacts on the road network not to be severe – I consider that this application fails on all of these tests. It is also important to note that we are seeing increased traffic volumes caused by intensification of other local farms in the area, therefore I cannot see any evidence that all this has been taken into account on the cumulative impact. This proposed application is to increase HGV movements to 2,026 p.a. a rise of 34%, which is significant for a single-track country road.

 

I do not consider there to be any economic gains to this application to local communities and Lincolnshire, in fact to the contrary.

 

The area is becoming the epicentre of intensive farming, which I don’t associate with Lincolnshire’s typical countryside character. Consideration therefore needs to take into account the cumulative impact of all these developments in such a small area.

 

It is important to raise to the committee’s attention that prior planning conditions still remain outstanding.

 

The 2018 landscaping condition for tree planting to the southern and eastern boundaries remain outstanding, which is important in a westerly wind and open transient countryside. Four years have since passed. This shows a disregard to the community through nuisance of the odour coming from the site, which is repellent at times.

 

No new passing places (of which there should have been four) have been installed and complete from the 2020 six-unit decision.

 

In summary, in accordance with the Local Planning Policy – Central Lincolnshire Local Plan, the planning application fails to satisfy the following relating to development in the countryside:

 

·         The location of the enterprise is suitable in terms of accessibility; and

·         The development is of a size and scale commensurate with the proposed use and with the rural character of the location.”

 

The Chairman stated that there was one final statement to be read aloud by the Democratic and Civic Officer, from the local ward member and County Councillor for Market Rasen Wolds, Councillor Stephen Bunney. The following statement was read aloud.

 

“In recent years there have been a number of planning enquiries and applications for Intensive Agricultural Units in The Market Rasen Area.   In all of the cases including the Gulham Fields Development, a high proportion of the local residents and the parish councils have raised concerns and objections to the developments. Whilst local details vary there are three main threads running through these objections.

 

Highways. The narrow frequently winding nature of the local roads cannot easily cope with the existing HGV and Large Farm Vehicles.  The extra vehicles with the new developments – 34% plus in the case of Gulham Fields – will only add to the problems.   The heavier vehicles causing pot holes and road decay as well as being a health and safety risk for dog walkers, cyclists, horse riders as well as when vehicles cannot pass each other. Passing places on the roads provide mitigation but are not always 100% effective.  They are fine when vehicles spot the difficulty before they reach the space but can cause issues if vehicles have passed them.   Vehicles are forced to reverse down the highway which can lead to damage of the verges – further damage is also done if the passing places are not that wide. A further concern expressed is that the passing places are low down on the developer’s priorities and are not always completed on time or to the agreed dimensions.

 

Odours. It is generally accepted that agricultural smells have always been part of country life.   However, in recent years modern farming methods have increased both their intensity and toxicity.   The smells coming from both the production units and the effluent waste. It is true that alongside the increased quantities and changes in chemical composition disposal methods have improved including the use of Anaerobic Digesters.  It should be noted that these changes add to the number of HGV Tankers on the roads.

    

Despite these improved disposal methods, which still involve spreading the processed waste on the land, the number of complaints of intolerable odours is definitely up as are the number of reports that the odours are causing respiratory and skin conditions.  People having to stay indoors and keep their windows closed on hot summer days – when they would prefer to be outside.   In the same conversations on Odours there are lots of comments made about ammonia being spread on the land and the damage this does to the environment.

 

The odours are definitely worse than they were in the past – more than just basic agricultural smells! Several Parish Councils have requested that air quality detection monitoring meters are installed around the local rural areas and not just the towns.  This will help build up a true picture of what is going on and will help the relevant authorities with enforcement – as on several occasions when they have turned up the odours have dispersed.   I am very supportive of this idea.

 

Piecemeal Planning. There is a tendency for the Farm Owners to keep coming back for additional planning permission to increase the size of their operation.   There is a strong belief that rather than put in for a really big operation and getting it turned down the owners are applying at a bit at a time and creeping the development through the system.  The Gulham Hill application provides credence to this belief.   Previous applications for new chicken sheds were turned down and then passed for fewer sheds. The current application for 2 new sheds will bring the number of units up to that applied for in the original application which was rejected. This obtaining permission by stealth is not seen as fair or as a level playing field by local residents.

 

I support the concerns about this application as expressed by the residents in their various submissions and request that the current application for expansion by two further sheds is rejected.”

 

The Chairman thanked the Democratic and Civic Officer for reading the statements, and invited a response from the Development Management Team Leader.

 

In his response, the Officer referred to the odour report submitted with the application which acknowledged that the facility could not be odour free, and that the level of the odour was not considered unacceptable at the location according to the Institute of Air Quality Management guidance and lack of objection from Public Protection. Regarding road users, the Officers explained that the odour was low intensity and short term, and that the odour impact was to fall within the accepted standards.

 

Moving to the highways concerns, the Officer noted that at the time of the first appeal the Planning Inspector was of the opinion that no changes could be made to the existing roads in order to resolve his highway safety concerns.  This position was not accepted by the Inspector at the most recent appeal who took the view that subject to highway widening (passing places) highway safety would not be an issue. He explained that Lincolnshire County Council Highways had not objected to the application subject to the provision of additional passing places. Members heard that there was no precise definition of "severe" with regards to NPPF Paragraph 111, which advised that "Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe." Planning Inspector's decisions regarding severity were specific to the locations of each proposal, but have common considerations.

 

The first was the highway network is over-capacity, usually for period extending beyond the peak hours. The second was the level of provision of alternative transport modes. The final was whether the level of queuing on the network causes safety issues. In view of these criteria, the Highways and Lead Local Flood Authority did not consider that this proposal would result in a severe impact.

 

The Chairman thanked the Officer for his response, and invited Members of the Committee to give their comments. Members drew attention to multiple points, including the provision of agriculture and food made locally, development challenges, and odour concerns. Members also commented about the lack of highways provision on the adjacent roads, but also on the design of the sheds.

 

Note:               Councillor J. Summers declared a personal interest, that he was familiar with the applicant, but had not spoken to him or anyone related to the application for 10 years.

 

In response to several queries about the highways access, Members learned that the highways provision for the previously granted application was scheduled to be built in November, and was required before being able to use the poultry unit, the subject of this application.

 

Responding to a query about the Environment Agency permit, the Officer explained that this was a separate regulatory requirement, which regulated the operation of the facility capacities. The Officer clarified that the Committee were tasked to review the application in its own right including the new buildings proposed.

 

In a separate query, Members learned that the Environmental Protection Officer raised no objection to the level of odour, in addition to no issue with methodology used and the conclusion reached.

 

Having been proposed and seconded, the Chairman took the vote and it was agreed that permission be GRANTED subject to the following conditions:

 

Conditions stating the time by which the development must be commenced:

 

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

 

Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

 

Conditions which apply or require matters to be agreed before the development commenced:

 

2. No development shall take place until, a scheme of landscaping including details of the size, species and position or density of all trees to be planted, have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that a landscaping scheme to help ameliorate its impact in this rural location and to provide increased opportunities for biodiversity on the site is provided in accordance with Policies LP21 and LP26 of the Central Lincolnshire Local Plan.

 

Conditions which apply or are to be observed during the course of the development:

 

3.  The development hereby approved shall be carried out in accordance with

the following drawings:

 

Location Plan:  Dwg. Number IP/MF/02 Date April 22:

Proposed Site Plan: Dwg. Number IP/MF/02 Date April 22

Proposed Elevations: Dwg. Number IP/MF/03 Date April 22

 

The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.

 

Reason: To ensure the development proceeds in accordance with the approved plans in the interests of proper planning.

 

4. Work shall be carried out on the site in accordance with the “recommendation for mitigations and further survey work” of the Ecological Appraisal prepared by Craig Emms and Dr Linda Barnett dated March 2022. A plan or other information showing the positions of the hedgehog boxes; bird and bat boxes placed on the site in accordance with part of these recommendations must be submitted to the Local Planning Authority for approval in writing prior to bringing the hereby approved buildings into use.

 

Reason: In the interests of biodiversity in accordance with policy LP 21 of the Central Lincolnshire Local Plan.

 

Conditions which apply or relate to matters which are to be observed following completion of the development:

 

5. The development hereby permitted shall not be occupied before

a)    Highway improvements in the form of four localised carriageway widenings (passing places) have been provided, in accordance with details that shall first have been submitted to and approved in writing the local planning authority and subsequently certified as complete. The details submitted shall include appropriate arrangements for the management of surface water run off from the highway and

b)    The highway improvements required by condition 5 of planning permission 140754 dated 24^th August 2020 have been certified as complete

Reason: To ensure the provision of safe and adequate access to the permitted development, without increasing flood risk to the highway and adjacent land and property in accordance with policies LP13 and LP14 of the Central Lincolnshire Local Plan.

 

6. The Heavy Goods Vehicle Management Plan must be adhered to at all times.

 

Reason: In the interests of highway safety and to reduce impacts on existing dwellings in the area in accordance with policies LP13 and LP26 of the Central Lincolnshire Local Plan

 

7. The Landscaping Scheme referred to in condition 2 must be completed in the first planting season following completion of the development or the bringing into use of the approved buildings whichever is the sooner and it must be confirmed in writing as complete by the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

Reason: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way avoiding previous delays on this site in terms of landscaping provision and that initial plant losses are overcome, to ensure that a landscaping scheme to enhance the development and to provide increased opportunities for biodiversity on the site is provided in accordance with Policies LP 21 and LP26 of the Central Lincolnshire Local Plan.

 

8. The hereby approved units shall be operated in “Compliance with the Code of Good Agricultural Practice for reducing ammonia emissions (Published by The Department for Environment, Food and Rural Affairs 2018)”

 

Reason: As mitigation recommended by Natural England without which the development would damage or destroy the interest features for which Kingerby Beck Meadows and Normanby Meadow Sites of Special Scientific Interest have been notified and in accordance with policy LP 21 of the Central Lincolnshire Local Plan.