Agenda item

64059 to 64063: Oaklands Poultry Farm, East Anstey, EX36 3PH

64059: Retrospective application for siting of four concrete pads & erection of two mobile poultry houses with two feed silos (pads 1 – 4), Oaklands Poultry Farm (PT Hillands), East Anstey, EX36 3PH.

 

64060: Retrospective Application for siting of four concrete pads & erection of two mobile poultry houses with two feed silos (pads 5 – 8).

 

64061: Retrospective Application for siting of four concrete pads & erection of two mobile poultry houses with two feed silos (pads 9 – 12).

 

64062: Retrospective Application for siting of four concrete pads & erection of two mobile poultry houses with two feed silos (pads 13 – 16).

 

64063: Retrospective Application for siting of four concrete pads & erection of two mobile poultry houses with two feed silos (pads 17 – 20).

Minutes:

The Committee considered a report by the Head of Place (circulated previously – now appended).

 

The Senior Planning Officer reminded the Committee of the decision of deferral and the reasons made at its meeting on 14th November 2018.  A full copy of the minutes was tabled.  In relation to the site being located within a Site of Special Scientific Interest (SSSI) Impact Risk Zone, the agent had submitted an air quality report and this had been forwarded to Natural England for comment.   Since publication of the report, Natural England had confirmed that it would trigger the 4% threshold as it could impact on the Culm Grassland Special Area of Conservation (SAC)/Exmoor Heaths SAC.  Therefore, the Planning Authority would be required to carry out a Habitats Regulation Assessment.  If the Committee was minded to approve the application, it would be recommended that the approval be subject to the Head of Place being delegated authority to carry out a Habitats Regulation Assessment to the satisfaction of Natural England. 

 

Councillor Barber (East Anstey Parish Council), Helen Pierce (objector), Iain Bew (objector), Lucy Moore (objector), Heather Warne (objector), Reg Howe (objector) and Kevin Bateman (agent) addressed the Committee.

 

In responses to questions, the Senior Planning Officer confirmed that the planning applications had been registered on 6th November 2017.  They were retrospective applications and that the concrete pads, poultry houses and feed silos had been located on the site since before that date.  As the applications had been submitted to regularise the works, enforcement action had not been pursued.

 

In response to questions, Lionel Shelly, Development Viability Lead from Plymouth City Council who had been appointed to provide an independent viability review on the impact of the siting of the poultry units on the potential ability of the four open market dwellings to be delivered and sold on the open market (the profits from which would go towards subsidising the 8 affordable units on the site) addressed the Committee.  He advised the Committee of his background and that he had grown up and lived in the countryside and therefore had an understanding of the countryside.  He had undertaken the role for 40 years.  He was required to provide a review and not a full evaluation. He referred to the valuation reports that had been provided by Webbers estate agents and advised that the impact was minimal.  Consideration needed to be given to whether four open market dwellings could be sold.  The impact on profit made upon the sale of the open market dwellings was minimal, therefore money would be available for the provision of affordable housing.  As an ex Vice-Chairman of a Parish Council, he understood the issue of providing affordable housing.  He worked for Plymouth City Council and not on behalf of developers.  Part of his role was to press for the provision of affordable housing.  His opinion had been based on the ability for the developer to make a profit on the four open market dwellings which could then be transferred to the provision of affordable housing.

 

In response to a question, the Senior Planning Officer advised that as she had not been the original case officer, she was unable to comment on the considerations that had been taken into account by the previous case officer.  However, the Blackerton site had been taken into consideration.  The viability assessment had been undertaken to assess whether the applications would have an impact on the provision of affordable housing (planning application 55662).

 

In response to a question, the Solicitor advised that the Senior Planning Officer had sought advice regarding whether the five planning applications could be considered within one report.  He had advised that the applications could be considered as one report, however there were five separate applications, and decisions would be required for each application.

 

In response to a question, the Senior Planning Officer read the statement provided by the Environmental Health Officer dated 29th October 2018 regarding the prevailing wind direction.

           

RESOLVED (11 for, 2 against, 0 abstained) that applications 64059, 64060, 64061, 64062 and 64063 be REFUSED for the following reasons and that the Head of Place be delegated authority in consultation with the Chair of the Committee to formulate the precise wording for the reasons:

 

(a)

Visual impact on the Exmoor National Park;

 

(b)

Highways Authority objections;

 

(c)

Impact on the viability of planning application 55662;

 

(d)

The prevailing winds would not take odours away;

 

(e)

Contrary to policy DM14 paragraphs (a), (b), (d), (e) and (f);

 

(f)

Lack of information provided on the Habitats Regulation Assessment.

 

Supporting documents: