Development Management Report - Shropshire Council

Contact Stuart Thomas (01743) 252665

Committee and date South Planning Committee 22 May 2012

Item/Paper

7

Development Management Report

Responsible Officer: Stuart Thomas email: [email protected] Tel: 01743 252665 Fax: 01743 252619 Summary of Application Application Number: 11/05101/EIA

Parish:

Clun

Proposal: Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme Site Address: Shadwell Hall Mardu Clun Shropshire SY7 8NJ Applicant: R.T Bright & Son Case Officer: Julie Preston email: [email protected]

Grid Ref: 327517 - 285655

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made.

South Planning Committee: 22 May 2012


Recommendation:- i. The Committee formally record that the Environmental Statement submitted

with the application as required by the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 has been taken into account in making a decision on the proposal

ii. Grant Permission subject to the conditions sets out in Appendix 1. Recommended Reason for Approval The proposal involves the expansion of facilities for poultry rearing at an established farm in the Shropshire Hills Area of Outstanding Natural Beauty. The development will generate employment in a remote rural area and improve the economic base of the farming business. The environmental impact has been examined through the submission of an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. The Council considers that the proposal will have an adverse impact on the landscape and local road network but this can be satisfactorily mitigated through a substantial landscaping scheme and the provision of additional passing places in the lane leading to the site. The decision takes into account the guidance set out in the National Planning Policy framework and the proposal conforms with the policies of the Development Plan so far as they are relevant to the application. In determining this application the Local Planning Authority gave consideration to the following policies: Central Government Guidance: National Planning Policy Framework (March 2012) West Midlands Regional Spatial Strategy Policies: QE1 - Conserving and enhancing the environment QE6 - Conservation, enhancement and restoration of the landscape QE7 - Protecting, managing and enhancing biodiversity and nature conservation resources QE9 - The water environment PA14 - Economic development and the rural economy PA15 - Agriculture and farm diversification Shropshire Core Strategy Policies: CS5 - Countryside and Green Belt CS6 - Sustainable design and development principles CS7 - Communications and transport CS13 - Economic development, enterprise and employment CS16 - Tourism, culture and leisure CS17 - Environmental networks CS18 - Sustainable water management Shropshire Hills Area of Outstanding Natural Beauty Management Plan 2009 - 2014



REPORT

1.0 THE PROPOSAL 1.1 1.2 1.3 1.4 1.5 1.6

This is a full planning application for the erection of three additional broiler sheds at Shadwell Hall. Each new building will be 92 m long x 24.4 m wide, with a height of 4.6 m at the apex of the roof and 2.44 m at the eaves. The sheds will each have a control room, 8.5 m x 3 m wide, at the southern end of each unit and two rows of five 5.5 m high feed bins are situated between the sheds. Six gas tanks, 2.5 m x 1 m diameter, are located on the west side of the development. The buildings will be steel framed and clad in profiled steel sheeting coloured a dark slate blue to match the roof colour of the existing sheds on the site. The southern gable ends will be clad in vertical timber treated with a dark preservative. The applicant offers to colour the feed bins, if required. The new buildings would be set into a sloping field at the head of a small valley , immediately adjacent to the southern side of the two existing poultry sheds erected in 1994 and 1996 and aligned perpendicularly to them. This would require the excavation of a level development platform into the slope, with excavated materials arising used to achieve local levelling on the down slope side and to modify the adjacent landform to the east and south, so as to assist in assimilating the new sheds into the landscape. The new sheds will each hold approximately 40,000 birds depending on the type of production cycle and target weight. The maximum capacity of the whole site will be 182,000 birds. There will be a maximum of 7.6 crops per annum. As part of the application, a new farm access road is proposed connecting the site of the broiler sheds with the main valley access road. This road would be 4 m wide and surfaced with macadam and approximately 0.58 km long. A substantial landscaping and tree planting scheme is proposed to assimilate the new poultry sheds and access road into the landscape. Key features include:

� Planting an area of approximately 1190m2 of short-rotation ash coppice woodland immediately to the south east and east of the proposed broiler sheds, to be managed for fuel wood production.

� Re-planting much of the depleted eastern field boundary hedge with a mixed native species hedgerow with occasional trees, between the edge of the farmstead and the southern site boundary (approximately 358 linear metres);

� Planting a new section of hedgerow along each side of the new entrance gateway to the farm access track at its junction with the public road (approximately 16 metres);

� Management to enhance the screening value of the existing trees between the existing and proposed broiler sheds.



1.7 The proposal is development requiring an Environmental Impact Assessment as a result of the total number of birds on the site exceeding the threshold in Schedule 1 (Part 17) of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. The Council has provided screening and scoping opinions which have been used by the agent to produce an Environmental Statement in accordance with the Regulations. The report describes the proposed development and considers the environmental effects in detail. A Landscape and Visual Impact Assessment forms an important part of the report and this has been supplemented by photomontages and a topographical survey with sections and landscaping scheme.

2.0 SITE LOCATION/DESCRIPTION 2.1 2.2 2.3 2.4

Shadwell Hall farm is located 5.5 km north west of Clun and has an existing access off a narrow lane between Cefn Einion and Three Gates. It is a mixed farm of around 160 ha, based on poultry rearing, livestock and arable production. Most of the holding is grassland supporting a flock of 850 ewes with 28 ha of arable land. A herd of 90 suckler cows has recently been sold due to lack of profitability. The farmhouse and a range of traditional agricultural buildings are grade II listed buildings. The proposed site for the new poultry houses is just over 100 m to the south of the listed buildings on the far side of two existing poultry houses. The area of buildings and yards at the farm currently extends to 2.9 ha. The site for the new sheds is a rectangular shape and slopes down to the south east. The site of the buildings and access covers an area of 1.5 ha with an additional 2 ha of proposed woodland. It is currently pasture with hedgerows to the west and east. Access is gained to the site from the A488 via Bicton along a 4 km length of narrow, unclassified highway. The proposal includes altering and improving an existing field access to the lane. The area is sparsely populated and the nearest dwelling, other than the farm house at Shadwell Hall, is located 700 m to the west. The site is in the Shropshire Hills Area of Outstanding Natural Beauty.

3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION 3.1

The local member has requested that the application is determined by the South Planning Committee and required a Schedule 1 Environmental Statement.

4.0 Community Representations 4.1.0 Consultee Comments

4.1.1 Drainage Engineers

Initial comment: The application form states that the clean surface water drainage from the proposed development is to be disposed of via an attenuation tank prior to pumping off site to a ditch at a rate which mimics natural surface water flows from the site. However no details of the proposed attenuation system have been supplied. We now require agricultural developments to cater



for a 1 in 100 year return storm event plus an allowance of 20% for climate change. Full details of the proposed attenuation system should be submitted for approval. The requested design and calculations were subsequently submitted and the Drainage Officer has confirmed that the proposed surface water drainage system is acceptable.

4.1.2 Public Protection – Pollution No objection in principle to the proposals but would comment as follows: The isolated location of the proposed additional units and topography of the area indicate that the risk of pollution impact on neighbouring properties is low. Additionally, due to its nature and capacity the facility will be subject to control by the Environment Agency under the Environmental Permitting Regulations (England and Wales) 2010. The required permit to operate will provide on-going regulation of the site with respect to control of emissions to soil, water and air (including noise and odour). Planning Policy statement 23 advises that it should not be necessary to use planning conditions to control the pollution aspects of a development that are subject to prior approval by a pollution control authority. However, the development will result in a significant increase in the quantity of manure spreading on surrounding farm land; as this aspect of the site activities will not be directly regulated by the Environmental Permit, I would recommend that the a condition is included on any permission given to require the submission of a poultry manure management scheme.

4.1.3 Shropshire Hills Area Of Outstanding Natural Beauty Partnership While the AONB Partnership fully recognises the economic pressures placed upon farms and rural communities and accepts the need to facilitate rural sustainability, the Partnership has considerable concern in relation to the suitability of this installation at the proposed location. It is the view of the AONB Partnership that the development will create a substantial negative impact in relation to the character, tranquillity and sense of place within a sensitive area of the Shropshire Hills AONB landscape. The AONB Partnership was consulted at a pre-application stage relating to this proposal and supported recommendations for a full EIA and VIA to inform any planning proposal. This study has been provided and it seems clear that the scale and nature of the development is such that it will have an adverse effect on the character of this very rural area of the AONB landscape and upon the historic character of the farmstead itself. The proposed mitigation strategy, which addresses some of the concerns in relation to the south-eastern aspect of the site, enhancing the hedgerows and adding the component of a sustainable coppice woodland, is commendable and the AONB Partnership welcomes this initiative.



The documentation provided in support of the proposal, while quite comprehensive, does not provide any photo montage type visualisation of the development within its immediate landscape context making it difficult to judge the local visual impact. This is particularly so in respect to the level of (cut and fill earthworks) which will presumably be necessary to accommodate the buildings and approach road on the NW to SE hill slope, similarly no detailed topographic survey of the site is provided. This would seem to be a pre-requisite to more fully understand the nature of the proposed remodelling of the hillside to accommodate the buildings and services. The existence of a small water course/drain running roughly NW-SE central to the SE hill slope and the presence of a series of slight linear banks, visible on aerial photography of the area and which may have archaeological significance add to the need for a full topographical recording in advance of any earth moving operations. Shropshire Council’s Policy 4 in the 2009-2014 Shropshire Hills AONB Management Plan states that, “Farm diversification enterprises need to be in harmony with environment and protecting this resource, which also provides an important economic asset for the future.” Paragraph 21 of Planning Policy Statement 7 states that “the conservation of the natural beauty of the landscape (in AONBs) … should be given great weight….in development control decisions in these areas.” Section 85 of the Countryside and Rights of Way Act 2000 requires planning authorities to “have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty”. These requirements are reflected in Policy E1 of the South Shropshire Local Plan which states that “Development will not be permitted which would adversely affect the character or natural beauty of the Shropshire Hills Area of Outstanding Natural Beauty”. The scale of the development is such that the impact that it will have within the local and wider AONB landscape is in the view of the AONB Partnership unacceptable. The Partnership would also endorse the views expressed by SC Highways DC that the current road network is such that the necessitated increase in farm traffic would require an improvement of the road infrastructure. Any such improvements will require examination and approval in advance. The AONB Partnership have been reconsulted on the photomontages and revised landscaping scheme but have no further comments to make.

4.1.4 Environment Agency The proposed development will lead to an increase of approximately 40,000 birds, taking the total number on site to 182,000. The site currently operates under an Environmental Permit (EP) and an application to vary the EP has been submitted to us to facilitate the proposed increase in bird numbers. The EP controls the day to day general management, including operations, maintenance and pollution incidents. In addition, through the determination of the EP, issues such as relevant emissions and monitoring to water, air and land, as well as fugitive emissions, including odour, noise and operation will be



addressed. On this basis, we would not consider it necessary for planning conditions to be imposed to control these aspects through the planning consent, given the measures in place to control such issues in the EP. Planning Policy Statement (PPS) 23 – Planning and Pollution Control, states that ‘Planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced. They should act to complement but not seek to duplicate it’. Odour: Our guidance (Intensive farming ‘How to comply’ versions 1 and 2, Odour management at intensive livestock installations) states that odour must be considered where: • there are sensitive receptors (neighbours) located within 400m of the installation; and/or • the installation (if existing) has a history of substantiated odour related complaints within the last three years. The issue of odour can be a qualitative issue as it is influenced by individual perception. It is highly unlikely that odours can be completely eliminated from an intensive poultry unit. We regulate odours so that they are controlled so as to not materially affect any neighbours enjoyment of their property, cause them harm or offence, or reduce their legitimate use of the environment. The management of the operational unit is therefore critical for both agricultural and amenity purposes. The ES also refers to the compliance with DEFRA’s Code of Good Agricultural Practice (CoGAP) which is important in providing advice to the applicant on reducing odours and managing air quality. Ammonia emissions: As mentioned above the applicant has applied for a variation to the existing EP to facilitate these proposals. As part of that application ammonia screening, which looks at the effects of ammonia emissions on the surrounding environment, has been carried out. Levels on the Shadwell Hall site do not reach the threshold which we would require more detailed screening. As such we have no concerns with regard to this element of the proposals. Landspreading (manure): As part of our consideration of the EP, landspreading is not deemed to be a ‘Directly Associated Activity’. On this basis we would not make detailed comments on storage or spreading of manure and recommend that you seek the views of your Biodiversity Officer and Environmental Health Officer. Dust / Flies: Whilst intensive poultry farms produce dust, past experience has shown that the majority of it is deposited on the farm itself. Therefore provided that the farm is operated to the BAT we do not anticipate it causing a nuisance to residents living nearby. Noise and Vibration: The ES contains some relevant detail on noise and suggests improvements when compared to the existing unit. A Noise and Vibration Management Plan is likely to form part of the EP submission.



Flood Risk/surface water: The proposed development is located within Flood Zone 1 (low probability) based on our ‘indicative’ Flood Zone Map. The proposed development falls into the category ‘less vulnerable’ development within Table D2 of Planning Policy Statement 25 (Development and Flood Risk). We would refer you to our West Area Flood Risk Standing Advice; ‘surface water management advice for development less than 1ha in flood zone 1’ and recommend that you seek the comments of your Land Drainage Officer (Floods Section) i.e. in relation to surface water etc. Wash Water: All concrete areas which will require cleaning after manure handling operations should have adequate kerbing to contain wash water and ensure it enters the dirty water system. Waste Management: If any controlled waste is to be removed off site, then operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from us. We are unable to specify what exactly would be required if anything, due to the limited amount of information provided. Pollution Prevention: Developers should incorporate pollution prevention measures to protect ground and surface water. We have produced a range of guidance notes giving advice on statutory responsibilities and good environmental practice which include Pollution Prevention Guidance Notes (PPG's) targeted at specific activities.

4.1.5 Ecology I have read the above application and the supporting documents including the Extended Phase 1 Habitat Survey by John Campion Associates (2011). There is potential for bats to be foraging and commuting across the site but there are no bat roosts to be affected by the proposal according to John Campion Associates (2011). There is also potential for nesting wild birds to be present on the site. No objection subject to the inclusion of suggested conditions and informatives on the decision notice. Habitat Regulation Assessment



There are no European Designated Sites within 10km of the proposed development. Natural England have been formally consulted and have no objection to the proposals and ammonia impacts at surrounding Ancient Woodlands and Local Wildlife Sites are all below 20% of the critical load and therefore screen out as insignificant. There is no legal barrier under the Habitat Regulation Assessment process to planning permission being granted in this case. A HRA screening matrix is attached (Appendix 3).

4.1.6 Natural England No objection

4.1.7 Tree and Woodland Amenity Protection From the submitted plans and documents I have no objection to this application on arboricultural grounds. The proposed landscaping details are also acceptable from an arboricultural perspective and I would recommend attaching a condition to any permission requiring compliance with the Landscape Proposals Plan. The landscaping should be implemented prior to the end of the first bare-root planting season following completion of the development.

4.1.8 Highways Development Control Initial Advice: The site currently includes two existing broiler units and this scheme would significantly increase the number of birds being reared on the farm and proportionally increase the vehicle movements associated with the servicing of the operation. The entrance to the farm is in an elevated position, accessed by a narrow and tortuous road. The proposal to construct a new entrance accessing onto a road at a lower level would be essential to carry the number of HGVs required to service an operation of the scale now proposed. The design shown on the submitted drawing for the new access onto the highway is satisfactory. The route proposed for vehicles to reach the farm from the A488 is in my opinion the only feasible one. The section from the A488 to Bicton is effectively single track, but has several properly constructed passing places along its length. From Bicton to Llanhedrick the road slightly reduces in standard and width but more importantly from the point of view of this application, it has no formal passing places. At Llanhedrick the road widens through the farming/commercial buildings either side of the road which allows for vehicles to readily pass, but continuing on to the new access position the road is again single track with the situation only being eased by the long, straight view from a side road junction where passing could occur. In view of the above comments, I consider that the increased level of HGV movements between Bicton and the site is not desirable without some improvement to passing facilities along the route. The vehicle movements associated with this type of operation tend to peak at the harvesting points in the



rearing cycle and result in many HGV movements over usually a two day period. At other times in the cycle vehicles may be greatly reduced, consisting only feed deliveries and ancillary traffic. This is assuming that the manure generated is contained within the farm and not exported out to distant locations. I consider that for the level of operation proposed, suitably positioned passing places need to be added along the road between Bicton to Llanhedrick and Llanhedrick to the site access. I would suggest that the first of these from the site needs to be at the end of the long straight section of road, at the first bend, from which drivers could see directly to the access. Having consideration for the above issues, I am unable to support the application in its current form but I would be prepared to consider any further proposals to improve the roads in question that the applicant/agent may wish to present. Further advice following submission of plans for three proposed passing places: I confirm that the three passing places indicated on the plan you attached are as I consider required to improve the highway conditions along the route for the traffic generated by the increased poultry production on the application site and overcome the objections I originally raised to the scheme. Comments on the highway objections from local residents: I would not disagree with the objector’s list of events and accept that these would at least double in number, but the nature of the operation of broiler units is that the vehicle movements are intense over short periods and light for long periods. In total now I have visited this farm 4 times in the last year and never encounter any other traffic at all along this stretch, not even on my multiple trips up and down it last time. It is my opinion that the road primarily serves as access to the agricultural land and farms spread across a very rural area and it has no real function as a traffic route for any other purpose. It seems, therefore, reasonable to assume it generally carries only agricultural vehicles and that agricultural operations will increase in one form while decreasing in another. After all, the existing lawful use of the farm here could generate significant amounts of traffic associated with other forms of usual livestock production. The bottom line from my point of view is that I accept there will be traffic difficulties at times along this stretch of road but I do not consider that I could sustain a highways objection.

4.1.9 Historic Environment – Archaeology The proposed development site does not directly affect any known archaeological site. However, there a number of known find spots of prehistoric flints in the surrounding area (PRN 03456), (PRN 01992) (PRN 01975) and a slight linear earthwork visible on the vertical aerial photographic coverage. The proposed development site can therefore be deemed to have some archaeological potential and any surface or below ground archaeological remains are likely to be affected by the proposed development.



In view of the above I would recommend that a walk over survey prior to work commencing and an archaeological watching brief be made a condition of any planning permission for the proposed development.

4.1.10 Clun Parish Council – No objection

4.2.0 Public Comments 4.2.1

Three letters of objection have been received from residents of the locality making the following points: Impact on the local road network

� The farm is 3 miles from the main road and already has two broiler houses. The proposal will result in twice as many heavy artic lorries travelling on a road that is not suitable for them.

� One batch of broilers results in :

an artic. load of sawdust bales before arrival of chickens chickens delivered in an artic lorry feed meal delivered every fortnight (for 2 houses) when the chickens are ready to go in 6 weeks; the fork lift trucks which are used to load the birds are brought and taken away on large lorries, an articulated lorry with drag behind transporting the birds, which are several loads even for 2 houses. when the houses are cleared of the birds very large tractors and trailers are used to clear the chicken manure. finally a group of men come in to power wash the houses.

� This a great volume of traffic for a country road with few passing places

and a further 3 houses will more than double this.

� Extra traffic causes lorry noise pollution and deterioration of the lanes as well as passing space problems.

� It is necessary to carry out regular repairs on the roads due to the existing traffic, in particular the road from Bicton to Llanhedrick which is used to serve Shadwell, is quickly reduced to a poor state with large holes appearing in the road particularly during winter months. This has a serious impact on light vehicles using this road for access to their properties.

Impact on the landscape

� The visual impact of three extremely large sheds will be detrimental to the designated Area of Outstanding Natural Beauty. The constantly lit brood house is very apparent at night-time from residential properties in the area.



4.2.2 A second representation from one of the objectors, responding to the Highway Development Control Officer’s comments, states: In addition to our earlier comments about the traffic which would be travelling on the road between Bicton and Shadwell Hall, if the application is passed to erect the broiler houses I totally disagree the assumption that the road is solely used for agriculture purposes. This is definitely not the case as there is traffic travelling regularly to a care centre for youths at Mainstone, parents taking their children to and from school, a mini bus taking children to Bedstone School, parents and organisers to the Great Escape which is used regularly for adventure activities for children ( the entrance of which is at the bottom of Llanhedric bank). Tourists also travel the road to 2 farmhouses and one private property who provide accommodation, bed & breakfast and self-catering cottages. These visitors would often coincide with lorries going to Shadwell Hall, drivers who are not used to single track roads and find reversing to the nearest lay- by very difficult especially down a hill!

5.0 THE MAIN ISSUES � Planning Policy Context

� The need for the development and benefits to the local economy � Alternative sites � Visual Impact on the landscape � Impact on the local highway network � Drainage implications � Pollution management � Impact on ecology

6.0 OFFICER APPRAISAL 6.1 Planning Policy Context 6.1.1 6.1.2

The principal Government planning guidance and development plan policies having a bearing on this case are addressed below. The National Planning Policy Framework (effective from March 2012) replaces all previous Planning Policy Guidance and Statements, and some sections are of particular relevance to this proposal. The NPPF is supportive of sustainable economic development (including agricultural and rural development in appropriate locations) whilst emphasising that the desirability of economic development must always be balanced against other relevant environmental considerations such as ecological, historic, landscape protection and neighbour amenity factors. The National Planning Policy Framework refers to the need for planning decisions to be in accordance with the development plan unless material considerations indicate otherwise. It states that the Government is committed to securing economic growth and that the planning system should support and encourage sustainable economic growth. The NPPF emphasises its presumption in favour of sustainable development, i.e. approving without delay development proposals that accord with the development plan, unless their adverse impact would significantly and demonstrably outweigh the benefits, when assessed against the policies of the NPPF as a whole.



6.1.3 6.1.4 6.1.5 6.1.6

The NPPF is supportive of a prosperous rural economy, including supporting the sustainable growth and expansion of all types of business and enterprise in rural areas (including through well designed new buildings), and promoting the development and diversification of agricultural and other land-based businesses The need to conserve and enhance the natural environment is highlighted. The NPPF states that the Government attaches great importance to the design of the built environment and refers to the integration of new development into the natural, built and historic environment. Other important paragraphs refer to traffic generation, pollution control, noise and amenity issues. Of particular relevance to this proposal are paragraphs 115 and 116 of the NPPF which state: 115. Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas, and should be given great weight in National Parks and the Broads. 116. Planning permission should be refused for major developments in these designated areas except in exceptional circumstances and where it can be demonstrated they are in the public interest. Consideration of such applications should include an assessment of:

� the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy;

� the cost of, and scope for, developing elsewhere outside the designated area, or meeting the need for it in some other way; and

� any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated.

The proposal is major development by definition so consideration of the exceptional circumstances, public interest and an assessment of the three points set out above, lies at the core of making a decision on the proposal. The Government have made public their intention to revoke Regional Strategies. The West Midlands Regional Spatial Strategy currently remains part of the development plan but its policies are considered to hold little weight. For the record the policies QE1, QE6, QE7, QE9, PA14 and PA15 are considered relevant to the proposal. The Shropshire Core Strategy (effective from March 2011) contains various policies having a bearing on the current application and the most significant are referred to below.



6.1.7

Policy CS5 concerns the countryside and Green Belt, and states that development proposals on appropriate sites, which maintain and enhance countryside vitality and character, will be permitted where they improve the sustainability of rural communities by bringing local economic and community benefits. Among the types of new development which would be considered appropriate is agricultural development, although proposals for large-scale new development will be required to demonstrate that there are no unacceptable adverse environmental impacts. Policy CS6 sets out sustainable design and development principles to be applied to new proposals. These relate to issues such as the safeguarding of residential and local amenity, high quality design of appropriate scale and pattern (which takes into account local context and those features which contribute to local character), accessible location, and appropriate landscaping. Policy CS7 refers to issues of transport and sustainable development, whilst Policy CS13 relates to supporting business development in Shropshire, and recognises the continued importance of farming for food production and the need to support rural enterprise and the land-based sector, including food production. Policy CS16 refers to the economic importance for tourism, culture and leisure of Shropshire’s landscape, cultural and historic assets. Policy CS17 relates to environmental networks of natural and historic assets, and (among other points) emphasises that all development should protect and enhance the diversity, high quality and local character of Shropshire’s natural, built and historic environment, and should not adversely affect the visual, ecological, geological, heritage or recreational values and functions of these assets, their immediate surroundings or their connecting corridors. In addition to the NPPF and development plan, the Shropshire Hills Area of Outstanding Natural Beauty Management Plan 2009 – 2014 is a material consideration in considering applications in the AONB. Policy 4 of this document requires farm diversification enterprises to be in harmony with the environment and states that the impact of business related traffic, including cumulative effects, will be an important consideration.

6.2 The need for the development and benefits to the local economy 6.2.1 6.2.2

The proposed development is intended to expand the applicant’s existing agricultural business and contribute to the production of chicken meat within Britain in order to reduce the growing reliance on imported meat. On a national basis the demand for healthy white meat produced in the UK is strong. Increasingly rigorous livestock welfare requirements are contributing to a need for new and larger poultry buildings in order to maintain production capacity. The proposed buildings will comply with the RSPCA Freedom Food Standards. Shadwell Hall has been farmed by the applicant’s family since 1917 and currently employs three full time workers, including the applicant. The construction of three additional poultry houses will bring economies of scale and justify the employment of a full time poultry manager and an additional part time worker. Aside from direct employment, the proposal will generate additional work in the locality as follows:



� Construction - the construction period for three sheds equates to three

full time construction jobs for a year on an equivalent man-hour basis � Catching birds at the end of each crop cycle - the five buildings will create

approximately 1,440 hours of work per annum equating to 0.75 full time workers . The catching teams are based in and around Craven Arms

� Cleaning of the sheds – this will generate work for 0.75 full time workers who are based in and around Knighton.

� Cereals – the five poultry sheds will consume cereals from approximately 480 ha employing two full time agricultural workers.

� Materials – sawdust is sourced from a timber yard in Bishops Castle � Chicks – 90% of the chicks will come from a hatchery unit near Church

Stretton � Processing – the agent estimates that the total number of birds produced

on the holding creates 27 jobs at the poultry processing facility. Agriculture is the primary commercial activity in the area and the figures demonstrate that the proposal will bring substantial benefits to the local economy., In principle the proposal is in accordance with policies CS5 and CS13 of the Core Strategy subject to consideration of the environmental impact.

6.3 Alternative sites 6.3.1 6.3.2

The applicant owns Shadwell Hall farm and no other land outside the Area of Outstanding Natural Beauty. Most of the farm is rolling upland centred round the farmstead and is topographically unsuited to poultry house development. One alternative location for the proposal was examined at the pre application stage. This site was a field of flat land close to the River Unk. It was remote from any existing buildings with little natural screening and development of the site would have been visually very intrusive. Due to the extensive level sites required, poultry house development is best suited to flatter areas in broad valleys, preferably outside the AONB. However, in this instance it has to be borne in mind that there are already two poultry houses at Shadwell Hall and many other poultry house developments have been permitted in the AONB over the years. They are not an unusual feature in the rural landscape of the County.

6.4 Visual Impact on the landscape 6.4.1 6.4.2

The proposal is to construct 3 new broiler sheds, of a similar design, scale and appearance to the two existing broiler sheds at Shadwell Hall. These would be long, low-profile buildings with low-angle pitched roofs. They would be set into the sloping field at the head of a shallow depression, immediately adjacent to the southern side of the existing sheds, and aligned perpendicular to them. This would require the excavation of a level development platform into the slope, with excavated materials used to level the down-slope side and modify the adjacent landform to the east and south, so as to assist in assimilating the new sheds into the local landscape. A new access road is also proposed. The site is located in the Unk Valley in an area identified by the Shropshire Landscape Character Assessment (2006) as Wooded Hills and Farmland



6.4.3 6.4.4

Landscape Type. This Landscape Type is widespread in the Clun Forest area and has the following characteristics: • Prominent sloping topography • Hedged fields with predominantly ancient origins • Large discrete woodlands with ancient character • Mixed farming land use • Dispersed settlement pattern • Medium scale landscape with framed views The applicant has submitted a comprehensive Landscape and Visual Impact Assessment with the application that assesses the local landscape character and the predicted impact of the proposed development. The assessment has also informed the proposed landscaping scheme which is summarised as follows:

� Planting an area of approximately 1190m2 of short-rotation ash coppice woodland immediately to the south east and east of the proposed broiler sheds, to be managed for fuel wood production, in accordance with current Forestry Commission guidance;

� Re-planting much of the depleted eastern field boundary hedge with a mixed native species hedgerow with occasional trees, between the edge of the farmstead and the southern site boundary (approximately 358 linear metres);

� Planting a new section of hedgerow along each side of the new entrance gateway to the farm access track at its junction with the public road (approximately 16 metres);

� Management to enhance the screening value of the existing trees between the existing and proposed broiler sheds.

The report makes the following conclusions on the landscape and visual impact: Landscape Impacts The effects on the landscape fabric of this part of the Unk valley would be very localised. The loss of a relatively small area of improved grassland from the extensive tracts of this type of land cover present in the locality would be a minor impact. The loss of only three short sections of field boundary hedgerow to facilitate the new 4-metre wide access road construction would be minimal, and more than offset by the planting of more than 372 metres of new field boundary hedgerow with trees, as part of the proposed landscape treatment, together with 1190m2 of new trees in the ash coppice woodland. The scale of the proposed development would not have adverse effects upon the local landscape character. The overall residual impact on landscape would therefore be regarded as neutral. Visual Impacts Residential Receptors The restricted Visual Envelope of the proposed development means the predicted visual effects of the development at Shadwell Hall would also be very



6.4.5 6.4.5 6.4.6

localised, confined to nearby and elevated parts of the Unk Valley, and a very small section of the north-facing side of the Clun Valley, to the south of Clun. Only ten residential receptors have been identified. Of these, nine are within the Unk Valley at between 0.7kms and 1.4kms distant, and one is above Clun, some 6.7kms away. None of these receptors would experience a level of visual effect which is greater than moderate. Only two properties - those at Three Gates and Quarry Farm at Cefn Einion - would experience some significant adverse effects on views, and these are both operational farmsteads. Recreational Receptors - Promoted Long-Distance Routes The upper part of the Unk valley is not visible from any of the main roads which pass through the SHAONB, nor from any section of the Offa’s Dyke long-distance footpath. It is only visible from two short sections of the Shropshire Way promoted long-distance footpath - and only one at close range. It is not visible from the Jack Mytton Way promoted long-distance route. Only along one short section of the Shropshire Way, (c.250 metres) to the south of Three Gates, would primarily northbound users experience moderate adverse visual effects on local views arising from the proposed development; these would not be considered as significant. These local effects would not detract from the fine panoramic, long range views to the east and west in particular, which are obtainable along much of this high section of the Shropshire Way. Recreational Receptors - Local Public Footpath & Bridleway Users Users of the three local public footpaths in the upper part of the Unk Valley within the Visual Envelope would experience minor adverse visual effects arising from the development, which would not be significant. The users of the public bridleway on Clun Hill to the south of Clun, where the visual effects are predicted to be negligible, would also experience no significant effects. Local Public Access Road Users No users of local access roads within the Visual Envelope are predicted to experience significant visual effects. This is partly a function of their characteristics - single track roads with often parallel high flanking field boundary hedgerows - the undulating nature of the local landform, and their alignment in relation to the proposed development site. The proposed landform and planting would effectively assimilate the proposed development into the view from the public local access road. Officers are satisfied with the integrity of the landscape assessment. The visual impact of the development has been a major concern of officers throughout the application process. The site requires considerable cut and fill to create a level platform which is potentially very intrusive. Negotiations have resulted in alterations to the planting proposals and the submission of additional information to demonstrate the extent of cut and fill involved and the final appearance of the development. As a result, cross sections of the site and photomontages have been submitted. These demonstrate that the development can be satisfactorily assimilated into the landscape and will not be seriously detrimental to the character of the Area of



Outstanding Natural Beauty. The new poultry houses will be barely visible from the closest public viewpoint on the lane. The applicant has also agreed to paint the prominent south wall of the existing poultry shed. Over time the planting scheme proposed will have significant visual benefits and soften the present appearance of the farmstead in views from the south. It will also provide a habitat and a source of coppice fuel. The proposed site is some distance from the listed farm house and adjacent farm buildings on lower land. Modern agricultural buildings and the existing poultry houses lie between them and the site. The development will not have a detrimental impact on the setting of the listed buildings.

6.5 Impact on the local highway network 6.5.1 6.5.2 6.5.3 6.5.4

Vehicles servicing the site approach from the south via the A488 through Bicton, past Llanhedric Farm and currently service the present poultry units from an entrance on the north side of the farm. The application proposes widening a field access and constructing a 4 m wide track to service the farm from the south of the application site. This will provide a safer and easier route for lorries avoiding a crossroads and steep incline. Access to the farm involves travelling along 4 km of narrow lanes, chiefly of single carriageway width. Three additional passing bays are proposed in suitable locations to complement existing passing places. The agent contends that the low population and general rural nature of the area means the frequency of vehicles meeting is less than many similar poultry enterprises. HGV drivers use radios and mobile phones to avoid two lorries meeting on the road. Traffic generation is related to bird numbers. Current and proposed vehicle movements relating to the poultry houses and the reduction in traffic movements arising from the ceasing of beef production are shown in Appendix 2. Traffic generated by the farm is predicted to increase from the present average of 61 movements to 72 movements a week as a result of the construction of the additional poultry houses, less the beef cattle movements that will cease. However it has to be borne in mind that due to the nature of the poultry production cycle traffic generated is light at some periods and heavy at others. The Highway Development Control Officer has considered the traffic figures and the nature of the local road network. He does not raise an objection to the application and considers that the highway network can safely cope with the additional traffic provided the three passing places are constructed.

6.6 Drainage implications 6.6.1 6.6.2

The site is within Flood Zone 1 on the Environment Agency’s flood risk map which means that there is less than a 1 in a 1,000 year probability of the site flooding. The main drainage consideration is therefore the management of surface water. The area of the new buildings and concrete apron covers 0.94 ha. A sustainable drainage system is proposed to reduce the rate and volume of run off and encourage ground water recharging. The buildings are designed with over-



6.6.3 6.6.4 6.6.5

hanging eaves but no gutters. Rain water will collect in an attenuation system of stone filled 3 m wide trenches between the sheds. Surface water will be stored in the attenuation system and discharged at greenfield rates via a flow control chamber to an existing ditch course adjacent to the southern field boundary. This ditch drains to the River Unk to the east of the site. The system is designed to cater for a 1 in a 100 year event + 20% climate change and be able to store water from a 480 minute winter storm. The design of the surface water system and accompanying calculations has been considered by the Council’s Drainage Officer and he has confirmed that they meet the Council’s requirements for surface water management. The proposed access drive will be constructed using a permeable stone finish to allow surface water to drain feely. The surface water drainage arrangements for the existing farm buildings and poultry houses will be retained as existing. The surface water drainage system meets the requirements of Core Strategy policy CS18 Sustainable Water Management.

6.7 Pollution management 6.7.1 6.7.2 6.7.3 6.7.4 6.7.6 6.7.7

The Environmental Statement identifies and assesses the likely effect of potential sources of pollution arising from the development. These include noise, odour, dust, contaminated water and light emissions. Noise pollution principally arises from the ventilation of the units. Six fans set 1.6 m below the ridge of the roof on each building will extract air. Automated air inlets are located along the sides of the buildings at eaves level. These fans incorporate the latest technology to keep noise emissions and vibration to a minimum. In addition, 12 high speed fans covered by canopies will be located on the northern end of each shed. These fans will be used during warm periods between April and September. Noise is also generated by traffic and food deliveries, alarm systems, back-up power generator, removing litter and cleansing. Wherever possible deliveries and collection are carried out during normal working hours and best practice is adopted in insulating activities to minimise noise generation. The total capacity of the poultry units at Shadwell will generate around 1,835 tonnes of manure per annum or 225 tonnes per crop. Bedding litter will be removed by sheeted trailers and 40% spread on the applicant’s own land and the remainder sold to local arable farmers at Little Brampton and Acton. Any surplus to requirements will be stored in accordance with the Code of Agricultural Practice for the Protection of Air, Soil and Water, as at present. Dust arises from the delivery of feedstuffs and from ventilation fans. Prevention methods such as the spraying of delivery airs during dry periods and the use of ‘state of the art’ ventilation systems will minimise dust problems. The dirty water collected from the concrete yard adjacent to the buildings and wash down following emptying of the sheds will be collected in dedicated sealed drainage system and stored in an underground chamber. This will be located at



6.7.8 6.7.9 6.7.10

the front of the sheds under the concrete yard. All dirty water collected will be emptied via vacuum tanker and spread on the farmland. The site is located in the countryside in an area of intrinsically dark night time landscape. External lighting will comprise low output lights above personnel doors for safety purposes and a sensor light on the corner of the building of the most westerly building to assist traffic movements. The access road will not be illuminated. The sheds incorporate windows along the sides of the buildings to use natural light and minimise internal lighting. The nearest dwelling, other than the farmhouse is located approximately 700 m to the west of the site. The closest dwelling to the east is approximately 950 m distant. The Council’s Pollution Team have considered the information provided and conclude that the topography of the area and the distance between the new sheds and existing houses indicate that the risk of pollution on neighbouring properties is low. In addition, the site is subject to control by the Environment Agency through the Environmental Permitting Regulations (England and Wales) 2010. The required permit to operate will provide on-going regulation of the site with respect to control of emissions to soil, water and air (including noise and odour). The Environmental Permit system does not, however, directly regulate manure spreading and a planning condition is suggested to secure the submission of a poultry manure management scheme. Officers are satisfied that the proposal will not have a seriously detrimental impact on natural resources including air, soil and water in line with Policy CS6 of the Core Strategy.

6.8 Impact on ecology 6.8.1 6.8.2 6.8.3

The application is accompanied by an Extended Phase 1 Habitat Survey which provides baseline information on the ecological value of the site and identifies any ecological issues that need to be taken into account. The site is dominated by improved agricultural grassland with field boundaries of trees and hedgerows. There are five areas of semi natural habitat in the vicinity of the site - semi-natural broadleaved woodland; lines of mature broadleaved trees; swamp; running water in a wet ditch; and a dry ditch. These habitats are either unlikely to be affected by the development or any impact more than compensated by the extensive planting of new hedgerows and ash woodland forming part of the landscaping proposals. There are no nationally designated nature conservation sites within 5 km of Shadwell Hall, the nearest being Sites of Special Scientific Interest (SSSIs) to the north of Anchor at Rhos Fiddle (upland heath, around 6.3 km distant to the west) and at Clunton Coppice (broadleaved and mixed upland woodland, some 8.1 km to the south east). There are no Local Nature Reserves within 5 km. There are several Ancient Woodland sites in the locality within 2 km of Shadwell Hall. The closest is Swinbatch Wood (ancient re-planted), some 0.63 km to the south south-east of the site and to the south of the minor access road running up to Three Gates from the main valley road. Around 0.96 km to the north-west of the site near Mainstone is Knuck Wood (partly ancient semi-natural and re-planted). The most substantial areas lie to the north-east, where the westward



6.8.4 6.8.5 6.8.6 6.8.7

arm of Blakeridge Wood (ancient re-planted) reaches the edge of Cefn Einion hamlet (around 1.87kms distant), and to the east near Bryn (Spencer's Wood, ancient semi-natural, around 2.07 kms distant). At such distances, these woodland sites are not considered to be likely to be adversely affected by increased ammonia emissions from the proposed broiler shed development. The Extended Phase 1 Habitat Survey of the site to identify any protected species present revealed that there is no indication of activity by badgers. There is potential bat foraging habitat within and adjacent to the site, but very little suitable bat roost habitat, confined to mature trees on the site boundary. The development scheme and the associated landscape design for the site have been evolved so as to conserve and enhance the habitats within and adjoining the site, especially with regard to bats and breeding birds. No other suitable habitat for other protected species is present within or immediately adjacent to the site. The report concludes that the ecological value of the habitats within the application site and the applicant’s land holding lies primarily in the mosaic of linked habitats which exist. This mosaic would be substantially retained and enhanced as a consequence of the totality of the development proposals and the associated habitat mitigation and enhancement works. As a consequence, these development proposals are predicted to have an overall positive impact which is significant at the local level. The Extended Phase 1 Habitat Survey has been scrutinised by Natural England and the Council’s Ecologist. Both parties have no objections to the proposal subject to a condition requiring the provision of bat boxes and informatives regarding nesting birds. Accordingly the proposal can be considered to be in accordance with the relevant parts of policy CS17 of the Core Strategy. In addition, under the Habitat Regulations, the Council has a duty to formally consider the impact of the proposal on European Designated Sites of conservation interest. The Council’s ecologist has screened the proposal and a copy is attached as Appendix 3 to the report. She concludes that there are no European Designated Sites within 10km of the proposed development. Natural England have been formally consulted and have no objection to the proposals and ammonia impacts at surrounding Ancient Woodlands and Local Wildlife Sites are all below 20% of the critical load and therefore screen out as insignificant. There is no legal barrier under the Habitat Regulation Assessment process to planning permission being granted in this case.

7.0 CONCLUSION 7.1.1

At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development which means approving development proposals that accord with the development plan unless material considerations indicate otherwise. The NPPF itself is a material consideration. The Core Strategy encourages economic development in rural areas but large scale proposals have to demonstrate that that there are no unacceptable environmental effects. In the AONB, the NPPF requires great weight to be given



7.1.2

to conserving landscape and scenic beauty. In particular, paragraph 116, sets a tough test for major development proposals. In contrast to the ‘presumption in favour’, it states that major development should be refused except in exceptional circumstances and where the development can be demonstrated to be in the public interest. The report has considered the submitted Environmental Statement and examined the benefits and environmental impact of the proposed development. The arguments for and against are very finely balanced. The development will provide and maintain local jobs but there will be significant impacts on the visual appearance of the area and local road network. Officers consider that the fact that the proposal expands facilities at an existing farm, rather than developing a new site, and the mitigation proposed through the substantial landscaping proposals and provision of additional passing places is sufficient to tip the balance in favour of granting planning permission. In the present economic circumstances, the expansion of an agricultural business and the creation of jobs are considered to be in the public interest.

8.0 Risk Assessment and Opportunities Appraisal Risk Management There are two principal risks associated with this recommendation as follows:

� As with any planning decision the applicant has a right of appeal if they disagree with the decision and/or the imposition of conditions. Costs can be awarded irrespective of the mechanism for hearing the appeal - written representations, a hearing or inquiry.

� The decision is challenged by way of a Judicial Review by a third party. The courts become involved when there is a misinterpretation or misapplication of policy or some breach of the rules of procedure or the principles of natural justice. However their role is to review the way the authorities reach decisions, rather than to make a decision on the planning issues themselves, although they will interfere where the decision is so unreasonable as to be irrational or perverse. Therefore they are concerned with the legality of the decision, not its planning merits. A challenge by way of Judicial Review must be a) promptly and b) in any event not later than three months after the grounds to make the claim first arose first arose.

Both of these risks need to be balanced against the risk of not proceeding to determine the application. In this scenario there is also a right of appeal against non-determination for application for which costs can also be awarded.

Human Rights Article 8 give the right to respect for private and family life and First Protocol

Article 1 allows for the peaceful enjoyment of possessions. These have to be balanced against the rights and freedoms of others and the orderly development of the County in the interests of the Community. First Protocol Article 1 requires that the desires of landowners must be balanced against the impact on residents.



This legislation has been taken into account in arriving at the above recommendation.

Equalities

The concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group. Equality will be one of a number of ‘relevant considerations’ that need to be weighed in planning committee members’ minds under section 70(2) of the Town and Country Planning Act 1970.

9.0 Financial Implications

There are likely financial implications of the decision and/or imposition of conditions is challenged by a planning appeal or judicial review. The costs of defending any decision will be met by the authority and will vary dependant on the scale and nature of the proposal. The financial implications of any decision are not a material planning consideration and should not be "weighed" in planning committee members' mind when reaching a decision.

10. Background

Relevant Planning Policies

Central Government Guidance: National Planning Policy Framework (March 2012) West Midlands Regional Spatial Strategy Policies: QE1 - Conserving and enhancing the environment QE6 - Conservation, enhancement and restoration of the landscape QE7 - Protecting, managing and enhancing biodiversity and nature conservation resources QE9 - The water environment PA14 - Economic development and the rural economy PA15 - Agriculture and farm diversification Shropshire Core Strategy Policies: CS5 - Countryside and Green Belt CS6 - Sustainable design and development principles CS7 - Communications and transport CS13 - Economic development, enterprise and employment CS16 - Tourism, culture and leisure CS17 - Environmental networks CS18 - Sustainable water management Shropshire Hills Area of Outstanding Natural Beauty Management Plan 2009 - 2014



RELEVANT PLANNING HISTORY:

PREAPP/09/00500 Poultry sheds PRRQD 5th May 2010 PREAPP/10/01486 Overhead electricity line NOOBJC 25th June 2010 10/02468/OHL To divert 2 spans of approximately 175 metres of existing 11,000 volt overhead line to 3 spans NOBOHL 4th August 2010 PREAPP/11/00401 Additional broiler sheds PRRQD 4th April 2011 SS/1/6715/P/ Erection of a poultry house. PERCON 6th June 1996 SS/1/4420/P/ Erection of a broiler house. PERCON 28th April 1994 SS/1/3261/K/ Erection of an agricultural building for implement storage PERCON 26th January 1993 SS/1989/511/L/ Erection of an agricultural building. PERCON 8th August 1989 SS/1986/417/L/ Installation of additional window, repositioning of staircase and erection of a porch. PERCON 23rd October 1986 SS/1985/265/P/ Erection of a cattle shed. PERCON 23rd August 1985

11. Additional Information List of Background Papers - Application 11/05101/EIA including Environmental Statement submitted under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999

Cabinet Member (Portfolio Holder) - Cllr M. Price

Local Member - Cllr Nigel Hartin

Appendices - APPENDIX 1 - Conditions



APPENDIX 1 Conditions STANDARD CONDITION(S) 1. The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As amended).

2. The development shall be carried out strictly in accordance with the following

deposited plans: Site Plan SP001, Landscape Layout RAL/159-01, Elevations EL001 and Passing Places H1 and H2.

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans and details.

CONDITION(S) THAT REQUIRE APPROVAL BEFORE THE DEVELOPMENT COMMENCES 3. No development shall take place until samples of the proposed surface and

details of the construction of the new access road and vehicular access have been submitted to, and approved by the Local Planning Authority. The agreed details shall be fully implemented before the development commences.

Reason: To ensure the new access to the site is suitably constructed and minimises the impact on the Shropshire Hills Area of Outstanding Natural Beauty in accordance with Policy CS6 of the Council's Core Strategy.

4. No development approved by this permission shall commence until the applicant

has notified Shropshire Council's Historic Environment Team not less than three weeks prior to commencement of ground works, and to provide him/her with reasonable access in order to undertake a walk over survey and to monitor the ground works to record any archaeological evidence as appropriate.

Reason: The area is of archaeological potential and it is importance that any archaeological features and finds are properly recorded in accordance with policy CS17 of the Council's Core Strategy.

5. No development shall take place until a poultry manure management scheme

with respect to the control of fly and odour nuisance from storage and spreading on surrounding land has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate appropriate control measures as outlined in Shropshire Councils 'Code of Practice for the Agricultural Use of Poultry Manure' and the DEFRA 'Code of Good Agricultural Practice'. The approved scheme shall be implemented prior to the first operation of the facility and shall thereafter be retained.



Reason: To protect the amenity of neighbouring residents in accordance with policy CS6 of the Council's Core Strategy.

CONDITION(S) THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO THE OCCUPATION OF THE DEVELOPMENT 6. The development shall be completed in accordance with the final landform

illustrated on the landscape layout, drawing RAL/159-01. The location of the source of any material from off the site required for fill or the location for the disposal of any excess material to be moved off the site shall be submitted to and agreed in writing with the local planning authority before the extraction or deposit takes place. No alterations to the approved land form shall take place without the agreement in writing of the local planning authority.

Reason: To minimise the impact of the development on the character and appearance of the Shropshire Hills Area of Outstanding Natural Beauty in accordance with Policy CS6 of the Council's Core Strategy.

7. The external wall of the existing poultry house facing the site shall be painted a dark grey blue colour (BS 18B29) before the development hereby granted planning permission is first brought into use and thereafter be maintained.

Reason: To protect and enhance the appearance of the building and the area in accordance with Policy CS6 of the Council's Core Strategy.

8. Details of any proposed external lighting shall be submitted to and approved in writing by the local planning authority before the poultry houses are brought into use. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

Reason: To minimise light pollution in a rural area in accordance with Policy CS6 of the Council's Core Strategy.

9. The approved scheme of surface water drainage shown on drawing no. CL-DL-

400 Rev A and accompanying documents shall be completed before the development is brought into use.

Reason: To ensure satisfactory drainage of the site and to avoid flooding in accordance with Policy CS18 of the Council's Core Strategy.

10. Three passing bays shall be provided along the pubic highway from Bicton to Shadwell Hall as indicated on plan H1 prior to any part of the approved development being brought into use. These passing bays shall be constructed as indicated in plan H2. Reason: In the interests of the safe and free flow of traffic movements on the public highway.



CONDITION(S) THAT ARE RELEVANT FOR THE LIFETIME OF THE DEVELOPMENT 11. The steel cladding of the walls and roofs of the poultry houses and the external

surfaces of the feed bins and gas tanks shall be coloured a dark slate grey (BS 18B29) and there shall be no variation without the prior consent in writing of the Local Planning Authority.

Reason: To ensure that the visual impact of the development is minimised in accordance with Policy CS6 of the Council's Core Strategy.

12. Two Schwegler 2F bat boxes (or direct woodcrete equivalent) shall be erected on

the site prior to first use of the buildings hereby permitted, in a location agreed with the local planning authority, and shall be retained for the lifetime of the development. The bat box should be 4m of more above the ground and in a non-illuminated area as described in the manufacturer's guidance or advice should be sought from an experienced ecologist.

Reason: To ensure the provision of roosting opportunities for bats which are European Protected Species, in accordance with policy CS17 of the Council's Core Strategy.

13. All landscape works shall be carried out in accordance with the approved details

and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard 4428:1989. The works shall be carried out prior to the use of any part of the development or in accordance with the timetable agreed with the Local Planning Authority. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective, shall be replaced with others of species, size and number as originally approved, by the end of the first available planting season.

Reason: To ensure the provision, establishment and maintenance of a good standard of landscaping in accordance with the approved designs in order to minimise the impact on the Shropshire Hills Area of Outstanding Natural Beauty in accordance with Policy CS6 of the Council's Core Strategy.

Informatives 1. All species of bats found in the UK are European Protected Species under the

Habitats Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended).

If a bat should be discovered on site at any point during the development then work must halt and Natural England should be contacted for advice. Nesting Wild Birds



2. The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981 (As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent.

All clearance, conversion and demolition work in association with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive

If it is necessary for work to commence in the nesting season then a pre-commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation cannot be clearly seen to be clear of bird's nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence



APPENDIX 2

Traffic Generation

Day of cycle

Description Vehicle Type

Number of movements currently with 2 sheds

Number of movements with 5 poultry sheds

Feed Delivery HGV 2 4 Fuel Delivery HGV 2 2 Litter Delivery 2 4 1 Chick Deliveries HGV 4 6

2 3 Feed Delivery HGV 2 6 4 5

6 Feed Delivery 4 7 Feed Delivery HGV 2 2 8 Mortality Collection LGV 2 2 9 10 11 Feed Delivery HGV 2 2 12 13 Feed Delivery 2 14 Feed Delivery HGV 2 2 15 Feed Delivery HGV 2 16 17 18 19 20 21 Feed Delivery HGV 2 6 22 23 Feed Delivery HGV 6 24 25 Mortality Collection LGV 2 2 26 Feed Delivery HGV 2 27 Feed Delivery 28 29 Feed Delivery HGV 2 2 30 Feed Delivery 2 31 Feed Delivery 2 32 Feed Delivery HGV 2 2 33 Bird Collection HGV 4 16

(5,544 per lorry) Feed Delivery HGV 2 2 34 Bird Collection 6 16 35 36 37 Bird Collection HGV 6 17 38 Bird Collection HGV 6 17 39 Manure Removal Tractor and

Trailer (3 loads remain on the holding)

(8 loads remain on the

holding) 40

Manure Removal Tractor and Trailer

8 off site

22 off site

Total 62 152



Average per week (48 days in total per crop) 9.04 22.17 Other existing traffic movements to the farm not related to the poultry units equate to 7 per day on average including; 2 members of staff 2 in 2 out Feed delivery, livestock movement, residential activity, general farm activity 1.5 in 1.5 out Total movements 7 per day/49 per week Cattle Enterprise Reduced Traffic Movements Due to the need to expand the poultry enterprise and the unfavourable financial returns from suckler cows, the applicant has decided to cease beef production. The sale of the herd of 60 cows and their followers will reduce vehicle movements as follows; 150 tonnes of feed per annum in 20 tonne loads = 8 movements in, 8 out (HGV) 60 acres of straw 15 loads in, 15 out (tractor and trailer) Manure 40 loads in, 40 out (tractor and spreader) Total movements from beef herd = 126 per annum/2.42 per week Poultry with two sheds = 9.04 per week Sheep enterprise, general activity, residential movements 49.00 per week Beef enterprise 2.42 per week Current total per week 60.46 per week Additional movements associated with 3 additional poultry sheds

13.13 per week Less Beef cattle movements 2.42 = Proposed movement numbers = 71.17 per week Percentage increase on original number of movements = 17.7%



APPENDIX 3

Habitat Regulation Assessment (HRA) Screening Matrix

Application name and reference number: 11/05101/EIA Shadwell Hall, Mardu, Clun, Shropshire Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme Date of completion for the HRA screening matrix: 13 January 2012 HRA screening matrix completed by: Fran Lancaster Planning Ecologist Shropshire Council 01743 252578 [email protected] Table 1: Details of project or plan Name of plan or project 11/05101/EIA

Shadwell Hall, Mardu, Clun, Shropshire Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme

Name and description of Natura 2000 site

No European Designated Sites within 10km No SSSI’s within 5km. Local Wildlife Sites and Ancient Woodlands within 2km:

- Churchtown Wood Ancient Replanted Woodland - Fron Wood County Wildlife Site - Knuck Wood Ancient Replanted Woodland - New House Wood County Wildlife Site - Mount Valley County Wildlife Site - Swinbaten Wood Ancient Replanted Woodland - Worns Wood Ancient Replanted Woodland and Ancient &

Semi-natural Woodland - Ancient Replanted Woodland and Ancient & Semi-natural

Woodland at SO2870984061



- Bryn Wood County Wildlife Site - Blackridge Wood Ancient Replanted Woodland

Description of the plan or project

Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme Proposals have potential to impact upon locally designated sites by emissions of ammonia

Is the project or plan directly connected with or necessary to the management of the site (provide details)?

No

Are there any other projects or plans that together with the project or plan being assessed could affect the site (provide details)?

Not Appropriate – no European Designated Sites within 10km.

Statement No European Designated Sites within 10km, no SSSI’s in 5km and all local wildlife sites within 2km screen out below 20% of critical load/level. The Significance test There is no likely significant effect of the planning application 11/05101/EIA at Shadwell Hall, Mardu, Clun, Shropshire for Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme on any European Designated Site. The Integrity test There is no likely effect on integrity of any European Designated Site from planning application 11/05101/EIA at Shadwell Hall, Mardu, Clun, Shropshire for Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme Conclusions There is no likely significant effect or likely effect on integrity of any European Designated Site from planning application 11/05101/EIA at Shadwell Hall, Mardu, Clun, Shropshire for Erection of three additional poultry units; feed bins, formation of hard standing; internal access road; alterations to existing vehicular access; associated works and landscaping scheme There is no legal barrier under the Habitat Regulation Assessment process to planning permission being granted in this case.

Development Management Report - Shropshire Council

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