HEARING REPORT: APPLICATION FOR ENVIRONMENTAL IMPACT ASSESSMENT REF: 04/01626/EEIA SITE ADDRESS: ST MARY'S ROAD (CARSLOGIE FARM) CUPAR FIFE PROPOSAL : REVISED SUBMISSION FOR ERECTION OF POULTRY BREEDING UNIT, MANAGER'S HOUSE, AND CONSTRUCTION OF NEW ACCESS ROAD AND ASSOCIATED LANDSCAPING APPLICANT: MR R DALGLISH PER AGENT CONSULTATIONS Transportation Services Environmental Services-East Approval subject to conditions:- visibility splays, improvements to access road. Amended comments Breeding units to be located more than 400 metres from dwellinghouses. Full details of the cleansing/disinfecting regime should be provided, no water to be added to poultry litter, full details of proposed vermin control arrangements should be provided. Ventilators should be thoroughly cleaned and maintained in accordance with manufacturer’s recommendations to ensure they operate at the correct airflow for stock requirements. Details of the measures to be used to control temperature, humidity, airflow and the ammonia levels in the unit should be provided. Information as to the proposed use of any filtration or air scrubbing equipment to control ammonia emissions should be provided. Drinking systems should be effectively designed and managed to avoid overflow and spillage which may lead to wet litter. All vehicles used for the Transportation of chicken litter should be covered. The middens should be located at least 400 metres from residential property. Transport and storage of chicken litter should be carried out in accordance with the Prevention of Environmental Pollution from Agricultural Activity Code of Good Practice (PEPAACD). All vehicles, trailers etc used for transporting chicken litter and any equipment which comes into contact with chicken litter must be thoroughly washed following use. No refuse should be burned on site. The spreading of chicken litter should be carried out in compliance with PEPAACD. As detailed in the EIA the generator should be encased in an acoustically insulated casing. The mechanical ventilation system and generator should be provided in compliance with the Acoustic Consultant’s report. Consideration should be given to prohibiting the use of the unit for broilers chicken rearing. Scottish Water Royal Burgh of Cupar and District CC Scottish Natural Heritage Rural Development Consultant Health and Safety Executive Scottish Executive Development Dept Scottish Environment Protection Agency Historic Scotland No objection - Water Supply available private foul water treatment to SEPA requirements Object: Detrimental visual impact that would be inflicted on this attractive unspoiled valley which is valued by many walkers and cyclists, St Marys Road is the only undeveloped road into and out of town. Local public opinion firmly opposed to the development. Various disadvantages of the development to Cupar outweigh its benefits. No objections, condition requiring buildings painted dark green or olive brown Requirement for dwellinghouse justified in terms of rural need in association with proposed business. No objections No adverse comments; facility should operate under best practice regimes of animal husbandry and environmental protection. Amended Plans: No objections provisions for waste disposal and drainage system acceptable. Wash water treatment system acceptable. No comments REPRESENTATIONS 150 letters of representation and objection have been submitted on the following grounds: -noise pollution -noise of fans and animals -odour pollution -encourage vermin -potential odour from incinerator -additional traffic on country road -detrimental impact on rural character -potential pollution of Lady Burn -impact on visual amenity -inadequate landscaping and screening measures -alterations to road unnecessary -loss of tranquil rural walk -intensive factory farming unacceptable -development a departure to local plan -detrimental impact on playing fields and skate park on the outskirts of Cupar -impact on house prices -proximity to Cupar -potential conflict with proposed expansion of Cupar in forthcoming Local Plan -potential for spreading disease -limited new employment opportunities -no benefit to local community -what would happen to site if venture fails -deficiencies with Environmental Statement -building should be relocated to existing complex at Carslogie Farm -contrary to development Plan Policy Three letters of support: -provide jobs in agriculture -unlikely to have detrimental impact -opportunity for local employment 4 Petitions signed by 26, 32, 60, and 1014 signatories respectively have been submitted. The issues raised by the signatories relate to the proximity of the proposal to Duffus Park, the impact on visual amenity, and the proximity to Cupar. STATUTORY POLICIES AND APPROVED GUIDANCE National Guidance SPP1 The Planning System SPP15 Planning for Rural Development PAN 67 Housing Quality PAN 72 Housing in the Countryside PAN 73 Rural Diversification Fife Structure Plan 2002 Policy SS1 Settlement Development Strategy Policy E4 Rural Business Policy E5 Farm Diversification Policy T1 Transport and Development Cupar and Howe of Fife Local Plan 2003 Policy COU1 Development in the Countryside Policy COU3 Housing Development in the Countryside Policy COU4 Areas of Great Landscape Value PLANNING SUMMARY 1.0 Background 1.1 The purpose of this report is to advise Members of the details of this application. As the application is a potential departure from the Development Plan (Policy SS1 of the Fife Structure Plan 2002, and Policy COU3 Housing Development in the Countryside of the Cupar and Howe of Fife Local Plan 2003) and there are more than 10 objections, a hearing into the application is required. This report therefore describes the background and processing of the application only. An assessment of the proposal and a recommendation will be placed before a subsequent meeting of the East Area Development Committee. 1.2 The application is a detailed planning application which has been submitted together with an Environmental Impact Assessment. The application site is situated 550 metres west of the junction of the St Marys Road with the A913 in a field which forms part of the applicant’s farm. The proposal is for the erection of an egg rearing complex operated by the multinational company Aviagen. The building would be 7.9 metres high to the apex of the roof and would comprise 4 chicken sheds linked by a service corridor along the front (south side). Feed bins located between the sheds would be 7.75 metres above ground level. A general purpose shed would also be located within the site, which in addition to general purpose storage would house a small scale incinerator for disposing of dead livestock. The buildings would be clad in green profile sheeting. 1.3 The chicken sheds would be surrounded by a concrete apron and hardcore service road. A landscaped bund approximately 7 metres wide at the base and 2.5 metres high would be located along the south and west sides of the site. A woodland planting strip would be established around the whole site to provide a natural screen. A four bedroom house with a detached garage to provide accommodation for the manager of the facility is also proposed. 1.4 The applicants submitted a previous application (ref 03/02559/EEIA ) however the location of that proposal was within 400 metres of the nearest residential property. The current proposal is located 200 metres further east to comply with the terms of the Prevention of Environmental Pollution from Agricultural Activity Code of Good Practice. The proposal is now more than 400 metres from the nearest residential building. The sheds would provide accommodation for the rearing and breeding of approximately 26,000 grand parent broiler breeder chickens. The unit would produce fertile hatching eggs, in a bio-secure environment. The Scottish Executive Environment and Rural Affairs Department check the health of the flock every month. The breeding cycle operates over a 66 week period, 60 weeks for the rearing and production cycle with 6 weeks retained for clean out, disinfection and any maintenance or repairs to the internal fabric of the building between flocks. 2.0 The application will be assessed on the basis of the following issues: Status of the Development Plan 2.1 The application site is designated as countryside. Policy SS1 of the Fife Structure Plan 2002 and Policy COU1 of the adopted Cupar and Howe of Fife Local Plan 2003 states that the Council will not support development proposals unless they relate to agriculture, forestry, mineral working, outdoor recreation or other uses which must have a countryside location. 2.2 The site is not located within a settlement and therefore falls to be considered against the policies relating to residential development in the countryside. Fife Structure Plan 2002 2.3 Policy SS1 of the Fife Structure Plan 2002 stipulates that development shall take place within settlements unless it relates to agriculture, forestry or other uses which demonstrate an essential rural location. The preferred location for development being the reuse of brownfield or formerly contaminated land rather than greenfield land. Sites for urban expansion will be identified through local plans. Policy H5 of the Structure Plan establishes that new housing outwith defined settlement boundaries will only be supported if it involves renovation of a substantially complete building last used as a house; conversion of traditional buildings of long life construction; or is justified by the operational needs of agriculture/forestry or other rural business. 2.4 Policy T1 identifies the criteria which would enable development proposals to be supported in principle in the context of road safety, public transport, and sustainable travel options. National Guidance 2.5 SPP1 The Planning System provides guidance on legislative, administrative, and policy frameworks within the planning process, purpose of development plans and development control, factors to be taken into account when proposed developments are contrary to the development plan and considerations to be made with regard to design matters. The frameworks within which planning policies are formed and implemented are outlined and show how the co-ordination of planning and control can guide development whilst safeguarding the natural and built environments. There is an emphasis on the key role the planning system has in facilitating development whilst protecting and where possible, enhancing environmental quality. 2.6 SPP3 states that the Scottish Executive’s aim of planning is to provide well-located, high quality new housing. In rural areas where possible new housing requirements should be met in towns and villages. To help sustain rural communities, planning authorities are encouraged to take account of local circumstances and needs and to indicate where new housing outwith existing settlements may be appropriate. PAN 72 provides practical advice with regard to opportunities for the provision on new housing in the countryside. PAN 67 provides advice and guidance on achieving high standards of design both in terms of locational and architectural factors. 2.7 SPP15 establishes the Scottish Executive’s policy framework for encouraging rural diversification and the role new housing can play in the rural economy. It identifies the opportunities for encouraging new housing developments and the context in which new housing development may be appropriate to enhance rural diversification. Emphasis is placed on the need for clear guidance with regard to housing development opportunities in the countryside to be included in Local Plans and guidance documents. PAN 73 provides guidance on the practical implementation of rural diversification with emphasis on sustainability and providing quality design. Road Safety 2.8 The proposal would involve the construction of a new access bellmouth at the junction of the private road and the public road. Some construction activity would occur, and would utilise St Marys road for accessing the site. On completion the facility would employ 1 farm manager and up to 7 additional members of staff. Information from Aviagen indicate that taking into consideration the delivery of birds, wood shavings, feeding, fuel, and the collection of eggs there would be on average less than 3 HGV movements per week. Transportation Services have no objection to the proposal. Hydrology 2.9 The site is to be drained by means of a SUDS drainage system for surface water and a small mound system for the proposed dwellinghouse. SEPA expressed concerns and placed a holding objection on the proposal pending clarification of the details of the wash down procedures. The applicant has provided additional information to SEPA who now have no objection to the proposal. The manure from the sheds would be spread on the applicant’s fields surrounding the site. The spreading is done under the provisions of established best practice Scottish Executive Environment and Rural Affairs Department. Visual Amenity 2.10 The proposed building is located in an area of open countryside with sporadic dwellinghouses and farm buildings around the area. The applicant proposes to construct a landscape bund together with a tree belt of native species planted around to incorporate the building into the landscape. Residential Amenity 2.11 The applicant has submitted a Consultant’s report regarding the potential for noise pollution from the ventilation extractors and the emergency generator. The information has been considered by Environmental Services who indicate that given the distance from residential properties there would unlikely to be any detrimental impact from the ventilation equipment. With regard to potential odour complaints, ES indicate that there have been no recorded complaints from any other Aviagen facility in Fife and with the nature of the proposal involving cleaning out once every 60 weeks for 6 week periods the opportunity for odour release is limited. Subject to good management practices and measures to ensure that manure is ploughed in to fields to comply with best practice guidance Environmental Services consider that any odour would be likely not to constitute a statutory nuisance under the terms of the Environmental Protection Act 1990 (as amended). Recommendation 2.13 Members are asked to note the terms of this report. A recommendation will be presented to a subsequent meeting of the Area Development Committee. BACKGROUND PAPERS The documents, guidance notes and policies referred to in “Statutory Policies and Approved Guidance”. Report prepared by Alastair Hamilton, Lead Officer