Agenda item

Ivy House, 18 Tilton Road, Twyford

Applicant: Mr & Mrs and Hiranthi Cook

Location: Twyford House, 18 Tilton Road, Twyford, LE14 2HZ

Proposal: Erection of farm barn for cider apple storage and processing with general farm use, 105 metre long access track.

 

(a) The Development Manager (LP) stated that: The proposal seeks full permission to erect a barn for the storage and processing of apples for cider production on agricultural land to the west of Twyford, since the application has been submitted the location of the barn has been amended to be sited further away from residential dwellings and is now approximately 170 metres away from the nearest dwelling.

Since the report was published members should note that one objection has been withdrawn and ecology have responded to the amended location and raise no objection.

 

There are no further updates and the application is recommended for approval subject to conditions as set out in the report.

 

(b) David Manning, the Agent on behalf of the Applicant, was invited to speak and stated that:

 

• Application is for a very small barn in comparison to most modern farm buildings
• Purpose is to store harvested apples, a crusher and storage tanks. Lean to for equipment
• Only traffic will be 10 x 7.5 tonne lorries per annum
• Planning conditions are perfectly ok except for time restrictions. I have discussed with the Case Officer to express concerns. Unfair and unnecessary, as the building is now 170m from nearest houses
• Noisiest operation will be crusher and taking into account the sound proofing of the barn; will be no louder than 50 decibels

 

The Development Manager added that with regards to the condition. They were applied as a result of previous noise details submitted that were not up to standard with Environmental Health. No further noise details have been submitted.

 

Mr Manning requested that now the location has moved, can this condition be removed.

 

The Development Manager stated that it is for the avoidance of doubt because we do not have any sound proof noise mitigation. When it was in the previous location the noise was not acceptable and from that it was suggested a condition would satisfy without further information being submitted.

 

A Cllr questioned whether the cider produced will be bottled locally, as the barn is for storage and processing.

 

Mr Manning stated there are several nearby places where it can be done. If added as a condition, he was sure the Applicants would be keen to agree.

A Cllr queried if a noise assessment was provided, could the condition be removed.

 

The Development Manager stated there is nothing stopping an application for a variation of condition or the removal of, and nothing stopping members removing the condition and/or adding a new condition requesting further information to be submitted.

 

A Cllr asked the Agent whether the applicants would consider that.

 

Mr Manning stated the applicants are under severe pressure to obtain planning permission as they have applied for funding. So was confident would be willing.

 

A Cllr asked whether there is water and electricity available to the site.

Mr Manning confirmed there is.

 

A Cllr pointed out that there are a number of objections, however believed they are not strong enough for refusal. Urges members not to remove the time condition, but to request the applicants resubmit.

 

A Cllr stated they cannot agree as agricultural processes rely on the weather which cannot be predicted. Urged members to look at this from an agricultural point of view.

 

Cllr Holmes proposed to permit. Excluding the restrictions of time. They won’t be in full production for 4 to 5 years.

 

Cllr Baguley seconded the proposal, with the removal of condition 5 which is the timings.

 

A Cllr reiterated the noise details are substandard which is unfair on the neighbours. And urges members to refuse the proposal and accept what the officer recommendations are, but to put it back to the Applicants to resubmit. Expresses fears neighbours will feel unprotected.

 

A Cllr sought clarification on the wording of the condition if it was to be out back on the applicant in terms of noise report.

 

The Assistant Director of Strategic Planning and Regulatory Services stated the condition is already there and applicants would need to reapply should they want to remove it. Or we can invite them to demonstrate security in noise terms before proceeding. Potentially a scheme to be submitted which we could then assess.

 

The Chair asked whether it could not be passed without condition but replace with a condition that says subject to. Giving permission provisionally.

 

The chair asks if members are happy to replace. Subject to and wholly dependant upon a satisfactory noise treatment plan being submitted.

A Cllr queried whether because the barn has been moved, is it as relevant as it is before.

 

The Assistant Director of Strategic Planning and Regulatory Services states this is what we need to find out.

 

A Cllr asked whether the conditions will affect the grant being permitted.

 

The Chair states If we grant then we grant.

 

Mr Manning states that permission, subject to any conditions is as good as no conditions.

 

A Cllr added that this will fit in nicely with the County wide food plan.

 

A Cllr stated they have no fear of noise issues. No loud equipment involved.

 

A Cllr stated that the orchard will not be in full production for 3 to 4 years so the condition regarding noise will not be relevant until then. They have plenty of time to submit report.

 

A Cllr asked who would decide if the noise details were satisfactory.

 

The Assistant Director of Strategic Planning and Regulatory Services stated it would be the Officer, along with Environmental Health. Unless members instruct us to bring it back to committee.

 

A Cllr stated the conditions must be fair and reasonable.

 

A Cllr stated he has all faith in officers to work with Environmental Health and is confident the applicants will cooperate. Neighbours deserve the protection. If all in, happy to permit.

 

The Chair summarised that members are happy to delete condition about hours and noise. Instead, replace with satisfactory noise treatment proposal scheme.

 

A vote was taken and the Members voted unanimously to permit.

 

Determination: on balance, the proposed building and use within will contribute with the aims of supporting a rural economy and larger aims of allowing the borough of Melton to continue the food and drink service industry which it prides itself on as the ‘Rural Capital of Food’.