Grid Ref: E: 308557 N: 301310
Valid Date: 12/09/2019
Community Council: Dwyriw Community Council
Applicant: Mr & Mrs Jerman
Location: Tyn Yr Wtra, Llanwyddelan, New Mills, Newtown, Powys SY16 3BT
Proposal: Erection of a free-range egg production unit including silos, creation of vehicular access, and associated works (part retrospective)
Application Type: Full application
Mrs S O’Neill spoke on behalf of the objector Mrs Gethin.
Mrs H Jerman applicant and Mr G Davies, Agent spoke in response.
The Principal Planning Officer advised that if the Committee was minded to approve the application, it was recommended that it be delegated to the Professional Lead Development Management in consultation with the Chair and Vice Chair to amend the wording of the highway conditions 12 and 13. The cumulative impact of the proposed development had been taken into account in the consideration of the application.
Councillor Silk advised that she had lost internet connection when a public speaker was speaking to the Committee. The Solicitor advised that as required by the Planning Protocol, as she had not heard all the statements, she should take no part in the decision on the application.
In response to questions the Principal Planning Officer advised that she was recommending the changes to the Highways conditions to ensure that the existing access to the site is blocked with appropriate material as per the plans and not re-opened and that the access gates are set back 5 metres from the highway to ensure that they cannot be opened outwards. She advised that the extension to the site was not to increase the number of birds but, increased the floor area for the control room. The number of birds on site was limited to 32000 by a condition 4.
The Principal Planning Officer advised the Committee that the application was in principle the same as the original application. However, since the original permission, this application was now subject to the SAB approval process in respect of drainage approval. In addition, as the facility had been operating, conditions restricting the delivery times were now recommended due to the known amenity impact. As such, the conditions now recommended, control the unit better and offer further protection to the environment and residential amenity.
The Land Drainage Officer confirmed that development would need to comply with SAB requirements and that an application in respect of this, is to be received. He advised that he was not able to comment on the issue raised by the objector regarding a land slide on site. The Principal Planning Officer advised that the contractor had submitted a statement advising that the building had been constructed on sound ground. The landslide related to topsoil which had slipped following heavy rain. The Highways Authority had stated there were no risks in respect of public safety in respect of the adjacent highway.
Questions were raised regarding the visual impact of the building and the landscape management plan. The Principal Planning Officer advised that viewed from the C road, the building is prominent, but she assessed that with the proposed landscaping scheme the impact would be mitigated. In addition, the building was 1.5 metres lower than the original plan and was now grouped closer to existing buildings.
In respect of the number of birds, the Principal Planning Officer stated that the number of birds was restricted by a condition and the applicant would have to apply to the Council if they wished to increase this number. If such an application was received it would be considered on its own merits and statutory consultees would need to assess the application. She advised that the manure management plan accounted for the nitrogen levels associated with all the stock on the farm and Natural Resources Wales [NRW] had specially requested this information and had taken this into account in its consideration.
The Committee noted that the £12,000 fee referred to by the applicant was not a fine imposed by the Planning Authority but was the cost of having to submit a new application for the development. This was a consequence of the applicant not following the original planning permission.
Concerns were raised that as the applicant had not complied with the plans or conditions relating to the original application, what assurances were there that the applicant would comply with this, if the Committee was minded to approve the application. The Principal Planning Officer advised that officers would monitor compliance with the conditions and if there were a breach enforcement action would be taken, if expedient to do so. In response to questions the Land Drainage Officer advised that a substitute land drainage system was proposed in this application.
It was moved and duly seconded to approve the application as recommended by the officer and that it be delegated to the Professional Lead Development Management in consultation with the Chair and Vice Chair to amend the wording of the highway conditions 12 and 13.
In response to concerns regarding compliance with conditions if the Committee was minded to approve the application, the Chair advised that any concerns raised with him would be forwarded to officers to investigate. The Principal Planning Officer advised that due to the interest in the application, the Highways Authority and Development Management would visit the site to assess compliance. The Professional Lead Development Management advised that although enforcement work is reactive, if conditions were breached enforcement would be pursued.
Reason for decision:
that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes and that it be delegated to the Professional Lead Development Management in consultation with the Chair and Vice Chair to amend the wording of the highway conditions 12 and 13.
As officer’s recommendation as set out in the report which is filed with the signed minutes.
County Councillor K Silk resumed her place in the Committee.