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Field 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour - approval with conditions

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A decision made (22.04.08) to approve with conditions planning permission for Fields 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour.

Decision Reference:   MD-PE-2008-0108

Application Number:  P/2007/1936

(If applicable)

Decision Summary Title :

Planning Application for Field 55,62 and Cowley Dairy Farm, La Rue du Pont, St. Saviour

Date of Decision Summary:

6.5.08

Decision Summary Author:

 

Chris Jones

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Field 55,62 and Cowley Dairy Farm, La Rue du Pont, St. Saviour

Date of Written Report:

27.3.08

Written Report Author:

Chris Jones

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  , Field 55,62 & Cowley Dairy Farm, La Rue du Pont, , St. Saviour, ,

 

Redevelopment of dairy farm.  To include part demolition and removal of buildings, slurry store and silo tower.  Construct new cattle housing, storage, silage clamp and slurry store.  Levelling of site and re-contouring part of adj fields 55 & 62.  Filling in existing and creating new pond.  Existing access reconfigured.  Various external alterations.

 

Decision(s):

 

The Planning Application was presented to the Ministerial Meeting on 11th April 2008 where it was deferred pending a Ministerial Site Visit prior to the formal decision being taken.

 

The Minister visited the site on 22nd April 2008 and resolved to approve the application subject to Conditions listed below. 

 

 

Reason(s) for Decision:

Permission has been granted having taken into account the relevant policies of the Approved Island Plan, together with other relevant policies and all other material considerations including the consultations and representations received.

 

Conditions

 

  1. Before any development first commences on site, sample details of all the proposed materials to be used in the construction of the new development shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and retained and maintained as such.

 

  1. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme (which shall include the planting mixes outlined in the consultation response received from the States Ecologist dated 30.8.07), shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

 

  1. Before any development first commences on site, details of the proposed construction and location of nesting boxes for birds and roosting arrangements for bats, shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such.

 

  1. Before any development first commences on site, a method statement for the construction of the ponds/reed beds shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the ponds/reed beds are first brought into use and shall be retained and maintained as such.

 

Reasons

 

1 and 2. To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

3. To safeguard the natural habitats of birds and bats on site in accordance with the requirements of Policy C13 of the Adopted Island Plan 2002.

 

4. To prevent pollution of the stream during construction works in accordance with the requirements of Policy NR1 of the Adopted Island Plan 2002.

 

Resource Implications:

 

None

Action required:

 

Notify Agent, Applicant and all other interested parties

 

Signature:

 

Pleg / PT initials

Position:

Minister for Planning & Environment

 

Date Signed:

 

Date of Decision (If different from Date Signed):

22nd April 2008

 

 

 

 

 

 

Field 55, 62 and Cowley Dairy Farm, Rue du Pont, St. Saviour - approval with conditions

 

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

 

 

 

 

Application Number

P/2007/1936

 

Site Address

Field 55,62 & Cowley Dairy Farm, La Rue du Pont, St. Saviour.

 

 

Applicant

Cowley Farm Ltd

 

 

Description

Redevelopment of dairy farm.  To include part demolition and removal of buildings, slurry store and silo tower.  Construct new cattle housing, storage, silage clamp and slurry store.  Levelling of site and re-contouring part of adj fields 55 & 62.  Filling in existing and creating new pond.  Existing access reconfigured.  Various external alterations.

 

 

Type

Planning

 

 

Date Validated

09/08/2007

 

 

Zones

Countryside Zone

Water Pollution Safeguard Area

 

 

Policies

G2 –General Development Considerations

G3 – Quality of Design

G4 – Design Statements

G15 – Replacement Buildings

G16 – Demolition of Buildings

C6 – Countryside Zone

C9 – Trees and Woodlands

C10 – Walls, Fosses, Banks and Hedgerows

C13 – Safeguarding Farmland

C16 – New Agricultural Buildings and Extensions

NR1 – Protection of Water Resources

WM2 – Construction and Demolition Wastes Plan

 

 

Reason for Referral

Size and scale of development proposal.

Link to proposed enabling development at Cowley Farm House.

 

Summary/

Conclusion

Cowley Dairy Farm is in urgent need of modernisation and is not compliant with the requirements of impending legislation regarding farm waste storage. To modernise and become viable, the farm requires substantial re-development. However, the farm does not currently generate sufficient profits, nor does the applicant have access to commercial funding for the purpose.

 

Although submitted separately, the three applications for Cowley Dairy Farm (this application and PP/2007/1974 for the erection of 2no. units of staff accommodation) and for the residential enabling development at Cowley Farm (PP/2007/1799) are also on this agenda and must be considered as a whole. This is because they are all financially and operationally inter-dependent.

 

The applicant is now in a position where a decision about his scheme is urgently required. The timescales and legislation which are driving his ambitions require his farm to be compliant by the Winter of 2008 and he has confirmed that if the re-development of the farm does not take place this year, then he will have no alternative but to retire from farming.

 

Aside from the inter-linked application arrangements that will tie the proposals in this application to those at Cowley Farm, it is considered that the proposed re-development of the dairy farm complex is acceptable on its own merits.

 

 

Officer

Recommendation

Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, then GRANT PLANNING PERMISSION subject to conditions. If the Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration.  

 

Site Description

Cowley Dairy Farm comprises some 200 vergees located off La Rue du Pont at Maufant. It is part of a larger holding of 510 vergees in total. The majority of the land is in grass, apart from 170 vergees in which forage crops and cereals are grown. There are some storage buildings at Roselands Farm where the applicant lives. The main centre of the dairy farming operations of the holding is at Cowley Dairy Farm.

 

 

Relevant Planning History

 2007 – Pre-application advice – PA/2007/0705 -The re-development of Cowley Farm to provide four units of accommodation within the existing group of Registered Buildings and the development of three new build properties close to Cowley Farmhouse as enabling development to allow the re-development and rationalisation of Cowley Dairy Farm in order to secure agricultural operations.

 

The development of Cowley Farmhouse is likely to be acceptable in principle at officer level, given the context of Policy C6. However given that no specific information was available and as the buildings are included as Buildings of Local Interest, no view was given on the number of units that may be accommodated.

 

Secondly and at the time, no enabling policy had been adopted and as a consequence, there was no framework in which to promote the new dwellings indicated in the scheme.

 

The applicant was advised that the policy was also likely to stipulate the financial tests required to be applied for the enabling development as well as a test to minimise the impact of any enabling development by siting it close to existing building groups. This has been pursued to some extent, but concerns were expressed over the suburban nature of the layout as well as significant reservations over how the car parking would be provided.

 

Finally, the proposed re-development of Cowley Farm would be likely to be supported at officer level, subject to demonstrating the works required for agriculture, in which case support from the States’ Land Controls and Agricultural Development Section of the Environment Department would be vital.

 

1998 – Delegated Approval – PB/1998/0483 – Replace and extend silage clamp with associated landscaping.

 

1989 – Delegated Approval – SC/1989/1340 – Pipe stream to the east of Cowley Farm.

 

1989 – Delegated Approval – D/1989/1264 – Pipe section of stream through centre of existing dairy farm complex. Construct new milking parlour and dairy unit to the east of the existing stream and demolish existing out-moded parlour and dairy on completion of new unit.

 

1989 – Delegated Approval – P/1989/0917 – Construct new milking parlour and dairy unit to the east of the existing stream and demolish existing parlour and dairy on completion of the new unit.

 

 

Existing use of Land/Buildings

Existing dairy farm complex with:

 

Dutch barn – 8m high x 15m long x 7.4m wide;

Silage clamp – 4.3m high x 50m long x 9.4m wide;

Cattle housing buildings – 7m high x 36.6m long x 10m wide;

Tower silo – 17.4m high x 6m long x 6m wide;

Livestock and machinery storage shed – 7.4m high x 12.4m long x 23.4m wide;

Slurry store – 7m high x 7m long x 7m wide;

Feed storage – 7m high x 5.5m long x 5.5m wide, and

Milking parlour building – 5.4m high x 58m long x 14m wide.

 

Open storage yard. 

 

Existing pond.

 

 

 

Proposed use of Land/Buildings

Proposed dairy farm complex.

 

Dutch barn, cattle housing buildings, tower silo and slurry store to be demolished. Feed storage to be relocated and livestock and machinery store and milking parlour building to be retained.

 

New silage clamp – 4.3m high x 50m long x 9.4m wide;

New Young stock building – 5m high x 48.8m long x 8m wide;

New cattle housing building – 9m high x 54m long x 43m wide;

New feed storage/dutch barn building – 8m high x 11.6m long x 33m wide, and

New slurry store – 8m high x 24.7m long x 24.7m wide.

 

New tree and hedgerow planting. Re-grading of land to north of main farm complex. Reshape existing pond and brook.

 

Formation of new pond to 450mm depth and creation of reed bed.

 

Creation of new footpath (350m in length) across fields 73 and 77

from La Rue du Pont south to La Rue de Vieux Menage.

 

New Staff Accommodation (subject of a separate application also on this agenda - PP/2007/1974).

 

 

 

Consultations

Parish in their letter dated 28/9/07 state “The Roads Committee has studied the application in conjunction with applications PP/2007/1974 and PP/2007/1799. The Committee has no objection to the proposed re-development of the dairy farm other than reiterating (as in PP/2007/1974) its wish to see an improved visibility line towards the east at the access/egress point.”

 

PSD (Drainage) in their letter dated 31/7/07 state “The existing property has been provided with a foul connection to the public foul sewer that lies to the east of the main farm buildings in Field 62.

 

1. The position of the new slurry store is not dimensioned. However, its position would appear to be very close to the Public foul sewer that passes to the east of the dairy farm. Under the Drainage (Jersey) Law 2005, no building or other structure shall be constructed within 5m of a Public sewer without the permission of the Minister for Transport and Technical Services. If the new slurry storey is within this 5m boundary, then either the slurry store will have to be relocated, the sewer diverted at the developers expense, or detailed plans of the proposed structure submitted to this Department for a consideration of a relaxation of the 5m distance.

 

2. With regard to the new slurry store and the dirty water areas, our understanding of this arrangement from the submission, is that the slurry store and the reception pit are to be covered and that all slurry and the dirty water areas are to be collected and drained to the new store for spreading on adjacent land at some later date, i.e. none of this discharge, which will at times contain a significant volume of rainwater, will be directed to the foul sewer. All ‘clean’ yard and roof water is to be disposed of via the existing surface water routes on the site (provided this is not to the foul sewer).

 

If this assessment is correct, then the Department has no objections to the proposals, subject to the comments below. If this assumption is not correct, then the developer is requested to contact this Department as soon as possible to discuss the detailed drainage proposals on the site.

 

3. The existing surface water disposal routes on the site are not clear. However, if these routes are to the adjacent water course then the peak flow rate from the new development must not exceed the peak flow rate from the existing site. In essence, if the new development is going to result in an increase in impermeable area discharging to the watercourse, then it is likely that some form of flow attenuation will be required on the site. Soakaways, if they work, would remove the need for attenuation. However, it mentions in the submission problems with high water table and therefore, investigations into this disposal route would be required. It is noted however, that the re-use of rainwater is proposed and therefore, this may negate the requirement for attenuation or soakaways depending on the extent or re-use.

 

4. It is accepted that effluent run-off from the silage clamp area needs to be directed to the foul sewer system. However, the pumping capacity of the downstream foul pumping station is frequently exceeded during periods of heavy rainfall and particularly when the silage clamp is empty, the new silage clamp facility should be covered and the clean water from the roof disposed of via the surface water disposal route. This will ensure that only the silage clamp effluent reaches the foul sewer.

 

5. The downstream foul pumping station frequently experiences blockage problems, particularly with straw. An interceptor facility should be installed prior to discharge to the foul sewer to prevent solid matter, such as straw, from entering the foul sewer system.

 

6. It is not clear from the submission what the purpose of the new reed bed is, or the effect the infilling of the brook and pond upstream of the farm site will have no downstream flows (7).

 

8. Section 4.1 (page 12) in the submission states that Mr. Le Gallais has a licence to discharge dirty rainwater as well as parlour washings to the main drainage system. This is incorrect. The Trade Discharge consent issued by this Department to Cowley Farm only applies to parlour washings and not to dirty rainwater. This being the case, Mr. Le Gallais will need to apply to the Trade Effluent Officer at TTS to obtain Trade Effluent consent to discharge this water.”                   

 

PSD (Drainage) in their further letter dated 7/9/07 state “Whilst Mr. Le Gallais has met with the Department to discuss drainage issues on the proposed development, the new submission does not cover all of the points raised in TTS’s previous comments of 31/7/07.

 

It can be confirmed that item 1 has been addressed and the location of the slurry store is acceptable.

 

However, there are no details shown on the drawings to indicate foul and surface water disposal routes. Whilst these were discussed with Mr. Le Gallais, given the problems that the Department experiences with the downstream pumping station, all the proposed drainage routes for both foul and surface water need to be clearly indicated and there needs to be a formal drainage submission detailing how the proposed flows to both foul sewer and watercourse will alter with the new development, and with regard to the surface water run-off, how increased flows are to be dealt with i.e. attenuation or re-use. This relates to items 2, 3, 4 and 5 of the previous comments.

 

With regard to item 7 of the previous comments, the details of the proposed infilling and piping of the watercourse upstream is noted. In the event this proposal is approved, the pipe used under the infilled area must be at least equal in size to the existing pipe under the farm.

 

In addition to the above, it is noted that it is now proposed to re-locate a feed bin directly over the existing foul sewer. In accordance with the Drainage (Jersey) Law 2005, this structure will need to be re-located to a position at least 5m from the foul sewer.”

 

PSD Drainage in their further letter dated 30/10/07 state “On the ‘existing’ layout, the area contributing to the stream is given as 4370m². This correctly ignores the ‘existing clean outside yard area’ as this is unchanged in the ‘proposed’ layout. However, the 4370m² includes 2350m² of existing field draining to the stream.

 

In considering run-off rain water from any given area, only a proportion of field areas are taken as contributing towards this run-off as a significant proportion of the rainwater is absorbed by the field. Generally, it is considered that only 20% of any field area will contribute. Therefore, in considering the 2350m² field area, only 470m² is considered to contribute to the run-off to the stream i.e. 2350m² x 0.2.

 

This being the case, the area currently considered discharging to the stream will be 2020m² from the existing roofs and 470m² from then field, giving a total of 2490m².

 

This area must be compared to the run-off likely from the ‘proposed’ scheme, which when including existing and new roofs, (including new slurry store), the additional clean yard area and the silage clamp area (seasonal), I estimate to total 5085m².

 

I confirm that you are proposing to collect and re-use some of the water, however, these volumes will need to be confirmed and any additional run-off to the stream, over and above what runs off the 2490m² above, will need to be attenuated.

 

In respect of foul water, It is understood that the applicant will be collecting and storing dirty yard area water on site in the slurry store and can confirm that this acceptable.”

 

PSD Drainage in their further letter dated 31/3/08 state “In respect of surface water, the current ‘clean’ hardstanding areas on the site discharge direct to the stream. The proposal entails an increase in ‘clean’ hardstanding area of approximately 2700m². Normally, the developer would look to discharge the whole site, including the increased area, to the stream, in which case, attenuation would be required to limit the peak flow from the new site to what it was before development.

 

However in this case, the applicant is making use of a water storage tank so that rainwater can be re-used on site. The tank volume is in order of 170m³ and the applicant has submitted figures that demonstrate that the tank has a capacity to store all of the rainfall from a 24 hour, 1 in 20 year event, which is considered acceptable. I do not have detailed drain layout drawings of the proposed site. However, it is important to stress that the storage volume provided is on the basis of only 2700m² being directed to the tank and not the whole site. The remainder of the site should be directed to the stream and this should be checked before approval is given at planning application stage.

 

In respect of foul water, it is understood that all ‘dirty water areas’ are to be collected and directed to a new on-site slurry store. If this is the case, then this is acceptable. Foul flows from any toilets on the site should obviously be directed to the foul sewer. If any ‘dirty water areas’ are now being directed to the foul sewer, then I would be grateful if you could refer back to this Department for further comment.”

 

EPU in their letter dated 10/8/07 state” Environmental Protection (EP) recognises that the construction of facilities to increase slurry storage capacity have the potential to reduce significantly the instances of pollution to surface water and ground waters in Jersey and are therefore supportive of this application.

 

Due to the nature and scale of this development, EP has a number of specific comments on different aspects of the planning application. The stream running through the site is a feeder stream to Grands Vaux Reservoir.

 

In respect of slurry storage, it is important that all of the recommendations of the Dairy Group (2005) are implemented in order to achieve the maximum environmental benefit. It is clear that separation of clean and dirty water is a key element to this in terms of reducing the initial waste stream. Measures such as sealing rain water down pipes can help to reduce the risk of clean water becoming contaminated with yard run off and the applicant should ensure that any water being directed into a soakaway does not pose a risk of pollution to groundwater. It is recommended that a discharge permit be applied for in respect of any planned discharges to groundwater.

 

Of particular importance to the prevention of pollution to controlled waters are the following:

 

-          Having adequate land over which to spread the slurry;

-          Not spreading within 10m of a watercourse or ditch and not within 50m of a borehole or well;

-          Ensuring that all dirty water is directed to a slurry store, and

-          Building the store to a recognised standard and maintaining it so that the risk of cracks and leaks is minimised.

 

It should also comply with all relevant aspects of the Code of Good Agricultural Practice for the Protection of Water (The Water Code) Jersey.

 

In respect of storage and handling of oils, chemicals and other risky materials:

 

-          Storage containers must be fit for purpose, regularly inspected and maintained;

-          Storage areas and containers should be sited away from watercourses, drains and unsurfaced areas;

-          Storage containers should have secondary containment, such as a bund, to contain any leaks or spills, and

-          There should be procedures for safe delivery and handling of materials.

 

In respect of the construction of ponds/reed beds, it is vital that the applicant has in place a method statement for these, together with associated landscaping that fully takes into account measures to prevent pollution to the stream during the construction phase. The applicant should ensure that there is sufficient residual flow at all times so that the stream does not run dry.

 

Ponds constructed in streams are liable to silting and thus not recommended. If the applicant needs to clean or de-silt the pond, the silt should be removed in stages and disposed of. It should not be passed downstream where it can smother the stream bed.

 

In respect of infill and culverting of the stream, the applicant should ensure that nothing enters this watercourse as a result of the infill that could cause pollution. Infill must be clean and inert and should not pose a risk of pollution to any controlled waters. Any culverting of the open stream should be kept to a minimum.

 

The applicant should be producing a plan to be submitted, quantifying the amount of material that is likely to be produced and demonstrating how this material shall be re-used, recycled or disposed of either within or off the site.

 

It should be noted that the incoming Water Resources (Jersey) Law 2007 may have a bearing on the abstractions from boreholes and creation of and abstraction from impoundments. Retrospective applications for abstraction licences may be required and clarification should be sought from EP by the applicant.”

 

Environment (Dairy and Livestock Advisor and Countryside Manager) in their letter dated 7/8/07 state “The Rural Economic Strategy (RES) Group are fully supportive of this proposal as it will provide modern efficient facilities which will aid the future prosperity of the dairy industry, improve the current animal housing facilities at Cowley Farm and provide protection for and improvements to the surrounding environment.

 

From the information provided, the storage facility at Cowley Farm should have a capacity of 1661m³ for a 180 cow dairy herd. The proposed building developments at the farm housing 210 cows will have a capacity of 2000m³ providing well over 4 months slurry storage capacity. The new slurry store and associated drainage systems will all be built to BS5502 standards insuring against leaks or other environmental problems. This development will meet the current and proposed future regulations laid out in the Jersey Water Code and the proposals being envisaged for a 2 to 3 month closed period for slurry spreading likely to be introduced in November 2008.

 

The main nuisance concerns that could occur following the construction of the proposed new dairy unit at increased noise, odour and water pollution problems.

 

In this respect, the current practice of removing slurry from the existing store on a daily or weekly basis by the use of a tractor mounted vacuum tanker would cease. The increased capacity of the envisaged store would mean that the store would be emptied 3 to 4 times per year according to crop requirements. In addition, the pumping of the rainwater from the existing collecting yard to the current store following heavy periods of rain would be greatly reduced.

 

The cows are currently housed in dilapidated conditions close to the western boundary of the site. The proposed clear span cattle building will be sited further away from the neighbouring properties and the enclosed nature of the building should reduce noise levels.

 

Odour problems from the modernised dairy unit would be greatly reduced owing to the animal housing being completely covered. It is proposed that the new cow house is scraped twice per day, with the dung entering a below ground channel thus reducing the likelihood of odour being spread on the wind. The new slurry store will have a canopy constructed over the store to avoid odour problems during emptying and filling operations.

 

The amount of slurry and manure produced will marginally increase due to the slightly enlarged dairy herd. The amount of traffic to and from the farm on an annual basis however should not significantly increase and the capacity of the slurry storage facility will mean that the current weekly spreading activity will be concentrated into 3 to 4 short periods per annum.

 

The feeder stream to Grand Vaux Reservoir which runs under the Farm via an underground culvert will have increased protection from pollution owing to the total capacity of the slurry store and the building standards used in its construction. The current design of the unit could result in dirty water entering the stream if the owner was not vigilant in mitigating these problems. The proposed unit will overcome the problem of dirty water run-off into the stream by firstly reducing the area of open dirty water yards and secondly through the cows being housed in a clear span building with a solid concrete floor avoiding the percolation of liquids into the surrounding environment.

 

The redevelopment of the Farm provides an opportunity to significantly increase the environmental benefits from the site. The plans show an amount of screening by creating a bank with excavated material and some tree planting around the immediate vicinity.

 

More details of the screening should be provided, together with a discussion on the choice of species and numbers of trees proposed to be planted. It would be of great benefit, if, at the same time, the hedgerows on the fields surrounding the farm unit were improved through gapping up and replanting. Such hedges could extend some distance from the unit than is shown on the landscape plan and into the surrounding fields to provide screening from noise, visibility of the development and improvement of the habitat corridors.

 

There is further opportunity for nesting ledges for house martins and swallows to be designed into the new unit in addition to bat boxes and other nest sites which can be common on farmsteads if they are sensitively managed.

 

The pond should be carefully designed to provide as much benefit as possible, with consideration of a series of ponds, particularly if improvement of the water quality is required before it enters the stream.

 

The reason for the reed bed is unclear. But again, if it is to assist in cleaning the water, then it should be carefully designed. If it is a landscape feature then it is possible that a copse of trees would provide greater environmental benefit.

 

In conclusion, the enabling and linked development involving the funds generated from a proposed new housing development at Cowley Farm House being used to improve the dairy unit at Cowley Farm is fully supported by the RES Group. This support is based on the need to improve the dairy buildings at Cowley Farm to meet modern efficient standards. The future of the Roseland herd is important to the sustainability of the Island’s dairy industry and the envisaged building project is required to replace the dilapidated infrastructure which has been in constant use for the last 37 years. The redevelopment of Cowley Farm also provides an opportunity to significantly improve the environment surrounding the farm including screening, hedges and associated wildlife projects which will benefit the whole area.”

 

Environment (Ecologist) in their letter dated 30/07/07 state”Although access could not be gained to the cattle housing buildings, it was apparent during the site visit that there may be swallows’ nests in use in the building to the south of the slurry store.

 

Swallows and sparrows are protected under the Conservation of Wildlife (Jersey) Law 2000 and their nests/roosts are protected when they are in use. The works should ideally be carried out after September and completed before the following April before any birds return to any vacant nests. If works are not completed, then the building should be made secure to prevent the birds from re-entering.

 

It is recommended that provisions are made for the birds to return post-development to find suitable nesting space within the buildings where development has caused the removal of old nests. Appropriate mitigation would include erecting the Schwegler No9A, 9B and 10. Other successful measures include placing small elbow joints to give the birds purchase when they construct their own new nests from mud.

 

These measures would ideally be in place by April in preparation for the returning birds following the development’s completion.

 

In respect of landscaping, the applicant has suggested that the trees to the north of the Dutch barn may have to be removed as part of the development. The applicant should be reminded that all species of bats, squirrels and all species of birds (apart from feral pigeon, magpie, crow and starling) are protected species and should any trees house their dreys or nests, then they cannot be felled. Careful checking by a professional arboriculturist during site works is imperative to prevent any damage to possible dreys or nests. If nesting birds, bats or squirrels are found to be present, then the tree work should not commence, or if the tree surgery has already started and nests are then discovered, then the work should stop immediately and be rescheduled for later in the year.

 

Although these trees are somewhat isolated at present, they have the potential to make a valuable contribution to the landscape when considered together with the planting plans proposed by the applicant in that area as part of the proposed development. It is recommended that the trees are retained.

 

It is also recommended that the hawthorn hedge adjacent to La Rue du Pont is retained as part of the development for its wildlife value.

 

Regarding landscaping, a list of mixes is suggested, which are of particular relevance to Jersey because not only do they support a wide range of plant species, they provide a dispersal habitat for a range of wildlife and reduce fragmentation of the landscape.”

 

H&SS in their letter dated 21/9/07 state “Although Health Protection recognise that the existing milking parlour and dairy building is to be retained, we would strongly recommend that as part of the re-development of the site, outstanding structural non-compliances found during an inspection in July 2007 are addressed to meet the standards of the Milk and Dairies (General Provisions) (Jersey) Order 1992. These include:

 

The dairy room, where the holes in the floor must be filled to allow proper drainage and cleaning. During the last inspection, mouse droppings were observed on a work surface in the dairy where the bulk milk tank is located. The area should be proofed and rodents kept out of the dairy room to minimise contamination.

 

The areas of the milking parlour walls are damaged. These areas must be rendered smooth to enable effective cleaning. During the last inspection, pigeons were observed roosting in the milking parlour and bird droppings on the parlour floor. The area should be proofed and pigeons kept out of the parlour to minimise the risk of contamination.

 

The proposals must not give rise to noise or odour nuisance to neighbouring residential properties.”

 

Jersey Water in their letter dated 13/8/07 state “The proposed development lies within the Water Pollution Safeguard Area (WPSA) and within the catchment area of Grands Vaux Reservoir.

 

We are pleased to note the application includes the provision of additional slurry storage, which will enable future compliance with the Jersey Agricultural Code for Water, which is aimed at preventing the pollution of water resources.”

 

We have no comments to make on this particular application.

 

All consultations are attached with the background papers

 

 

Summary of Representations

Planning application advertised in local newspaper and site notice posted. No responses received.

 

All letters of representation and responses are attached with the background papers

 

 

Planning Issues

Background

In 2005, the applicant as owner/manager of Cowley Dairy Farm completed a comprehensive Farm Manure and Waste Management Plan which was funded under the States Countryside Renewal Scheme (CRS). The Plan which was formulated with the help of independent advice, identified that the current slurry storage and waste management facilities at the farm needed to be improved and enlarged in order to ensure that the manures and slurries produced by the applicant’s 180 cow dairy herd could be stored safely over a four month period.

 

In addition to the investment in slurry storage, the current cow accommodation at the farm has come to the end of its useful life (it was constructed around 37 years ago) and is in need of replacement to improve both farm efficiency and the welfare of the dairy herd. The tower silo is also in need of replacement owing to age and the costs of ongoing maintenance. The comprehensive nature of the building programme required at the farm has necessitated the applicant undertaking a thorough review of his business in order that he has a sustainable future in the dairy industry.

 

The RES adopted by The States in June 2005, introduced the concept of enabling or linked development, which is a term given to the development of a site for purposes outside the landowner’s principal business, with the capital so raised being used to fund the construction of facilities which will enhance business performance and/or have a positive environmental benefit. The applicant would like to take advantage of this concept to modernise Cowley Farm.

 

The proposals are to replace the outdated facilities at the farm with a set of buildings which will include housing and feeding facilities for 210 dairy cows, housing for young stock, a feed storage building and a silage store. The existing collecting yard and milking facilities will be incorporated into the new complex with the existing machinery store remaining in-situ. Provision is being made for the construction of new residential development on the site to house a full time herd manager (the subject of a separate Planning in Principle application (PP/2007/1974) also on this agenda), given that the applicant considers that it is essential to house the herd manager on site for the running of a dairy business and for animal welfare reasons. A comprehensive slurry storage facility will also be built to hold 4 months slurry from the expanded dairy herd. The existing dilapidated cow housing, silage tower and slurry store will be removed and the new complex will be erected on an area slightly larger than the existing buildings footprint.

 

To raise capital to fund the development, the applicant would like to develop Cowley Farm House and the existing silo which is currently used to store silage for his dairy herd. The planning application for the proposed enabling development at Cowley Farm House (PP/2007/1799) is also to be considered on this agenda.

 

Policy Considerations

Policy C6 – Countryside Zone - This zone will be given a high level of protection and there will be a general presumption against all forms of new development for whatever purpose. However, within this zone, there are many buildings and established uses and that preclude all forms of development would be unreasonable. Thus, the new development of an existing agricultural holding which is essential to the needs of agriculture in accordance with Policies C16 and C17 may be permitted where the scale, location and design would not detract from, or unreasonably harm the character and scenic quality of the countryside.

 

Policy C16 – New Agricultural Buildings and Extensions – There will be a presumption against proposals for new agricultural buildings and extensions to existing agricultural buildings unless it is demonstrated that the proposed development is essential to the needs of agriculture; cannot be met by existing buildings elsewhere and where the justification for new buildings is accepted, it shall be located within or adjacent to an existing group of buildings, it shall not unreasonably affect the character and amenity of the area; it shall not have an unreasonable impact on neighbouring uses and the local environment by reason of noise, odour, pollution, visual intrusion or other amenity considerations; include the provision of satisfactory drainage and other service infrastructure; not lead to unacceptable problems of traffic generation, safety of parking and be in accordance with other principles and policies of the Plan.

 

Policy NR1 – Protection of Water Resources – Development that would have an unacceptable impact on the aquatic environment, including surface water and ground water quality and quantity will not normally be permitted.

 

Land Use Implications

The use as the land as a dairy farm with ancillary infrastructure will not alter with the new proposals.

 

Size, Scale & Siting

The new farm buildings will replace a large number of the existing farm buildings on site (the dimensions of both the existing and proposed are given previously in the report). The new buildings will not be any taller than the existing buildings on site with the new built form being contained primarily within the areas currently utilised by the farm complex.

 

The development works will also see the removal of the tallest building on site, the tower silo, which is some 17m tall.

 

Opportunity will be taken to undertake some excavation works to the northern part of the site and this will help to reduce the visual impact of the new development when viewed in southerly and easterly directions.

 

Design & Use of Materials

The young stock building, cattle building, feed store/dutch barn and slurry store will be pitched roof constructions, which is consistent with the design and appearance of the buildings to remain on site.

 

The slurry store will be constructed in olive green vitreous enamel panels, with a grey canvas cover roof. The remainder of the buildings will be constructed of Yorkshire boarding, pale grey fibre cement corrugated sheeting, opaque corrugated roof lights, dry dash on render, concrete panels and uPVC windows and doors.

 

The design and appearance of the buildings are considered to be traditional farm buildings and are considered to be acceptable. The materials details are also considered to be acceptable in principle, subject to the receipt of satisfactory sample details.

 

Impact on Neighbours

Whilst there are residential properties some 70m to the west of the farm complex. It is considered that the proposed re-development of the farm will not result in any undue affect on the amenities of the occupants of those properties.

 

Access, Car parking and Highway Considerations

The proposals will involve the re-alignment of the existing farm access off La Rue du Pont. This will be achieved by the replanting of the existing hedgerow back behind a newly formed visibility splay of 2m x 60m in a westerly direction and 2m x 22m in an easterly direction. The small length of existing fence to the eastern side of the access will also be re-aligned behind the new splay lines.

 

Whilst the comments of the Parish have been noted. It should be borne in mind that the access to the farm is an existing access and there is little scope to improve the access to the east as required by the Parish, given the limited amount of land available and the orientation of the road in this location.

 

It is considered that the access arrangements are acceptable. Adequate space also exists within the farm complex to be able to accommodate the necessary farm vehicles and car parking.

 

Foul Sewage Disposal

The applicant has been actively working with officers from T&TS to overcome all the comments raised in the initial consultation responses documented earlier in the report. It is now confirmed that the proposed drainage arrangements (which now include the provision for rain water harvesting) are acceptable.

 

The applicant has also confirmed that the feed bin is to be re-located away from the main foul drain as required by T&TS and that all flows from toilets/showers in the rest room are directed to the adjacent foul sewer.

 

Landscaping issues

In conjunction with the re-development of the farm complex and as required by Policy C6, the applicant proposes to undertake substantive landscape improvements to the area in the form of new tree and hedge planting. This will help to screen the development and integrate it into the countryside location, but will also help to improve the existing landscaping arrangements by the restoration of existing hedgerows.

 

Whilst the submission indicates illustrative details of the proposed landscaping arrangements, a more detailed landscaping scheme will be required (the applicant has agreed to incorporate the suggested species mix suggested by the Ecologist), together with a management plan and this can be controlled by condition.

 

The applicant also wishes to remove a small tree from amongst a group of two others. This tree would have to be removed during the planting season, but it is likely that a trained tree surgeon would carry out a risk assessment that should include Wildlife Law issues, such as the occurrence of nesting birds and if this was undertaken properly and no nesting or use of the tree by other protected species is identified, then it is likely that the tree could be safely removed

 

Other Material Considerations 

Given that the proposals involve the relatively new concept of enabling development, it is important to ensure that the finance generated from the residential development proposals at Cowley Farmhouse are then used to finance the new development of the dairy farm complex.

 

This can be secured by a legally binding Planning Obligation which will encompass all three inter-linked planning applications and ensure that generated finance is used as appropriate.

 

The proposed development of 2no. units of staff accommodation will be located on an existing grassed area within the farm complex, directly to the east of the retained livestock and machinery storage shed. This development will also utilise the farm access arrangements. The site boundaries of the staff accommodation will then be landscaped in accordance with the overall landscape strategy proposed for the complex as a whole.  Whilst it is acknowledged that the new accommodation is for farm staff, it is nevertheless considered that the siting and design of the proposed new farm buildings will not have any adverse impact on the amenities of the occupants of those new properties.

 

Aside from the residential development proposals at Cowley Farm house that will tie this application to it, it is considered that the proposed re-development of the dairy farm complex is acceptable on its own merits.

 

The applicant has confirmed that he will be employing a specialist consultant to oversee work in respect of the identification of suitable nesting ledges and artificial sites within adjacent barns to provide mitigation for the loss of any existing sites during demolition works.

 

Whilst the best mitigation is to carry out the work outside of the nesting season, the applicant has confirmed that he would not be able to carry out the development in the required timescale if work cannot start during the nesting season.

 

Given the need to re-develop the farm complex as soon as possible, it is considered that in this particular instance, work is able to be commenced during the nesting season. The applicant has confirmed that best practice will be employed to ensure that disruption to nesting birds is kept to a minimum.

 

 

 

Officer

Recommendation

Subject to the satisfactory completion of a Planning Obligation to ensure that funds generated from the sale of Cowley Farmhouse development are used for the development of the Cowley Farm dairy complex, then GRANT PLANNING PERMISSION subject to conditions. If the Planning Obligation is not completed within 3 months of the date of preparation, then the planning application shall be returned to The Minister for Planning for further consideration. 

 

 

Conditions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reasons

  1. Before any development first commences on site, sample details of all the proposed materials to be used in the construction of the new development, shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full and retained and maintained as such.

 

  1. Before any development first commences on site, a landscaping scheme shall be submitted to and approved in writing by the Planning and Environmental Department. The approved scheme (which shall include the planting mixes outlined in the consultation response received from The States Ecologist dated 30.8.07), shall be undertaken within the first available planting season and any trees or plants which die, are removed or become seriously diseased within a period of five years from the date the planting first takes place, shall be replaced in the next planting season with others of a similar size and species.

 

  1. Before any development first commences on site, details of the proposed construction and location of nesting boxes for birds and roosting arrangements for bats, shall be submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the development is first brought into use and shall thereafter be retained and maintained as such.

 

  1. Before any development first commences on site, a method statement for the construction of the ponds/reed beds is submitted to and approved in writing by the Planning and Environment Department. The approved scheme shall be implemented in full before the ponds/reed beds are first brought into use and shall be retained and maintained as such.

 

1.           To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

2.           To safeguard the character and appearance of the area in accordance with the requirements of Policy G3 of the Adopted Island Plan 2002.

 

3.           To safeguard the natural habitats of birds and bats on site in accordance with the requirements of Policy C13 of the Adopted Island Plan 2002.

 

4.           To prevent pollution of the stream during construction works in accordance with the requirements of Policy NR1 of the Adopted Island Plan 2002.

 

 

Background Papers

1:2500 Location Plan

Pre-application advice letter dated 10/5/07.

Consultation Responses

 

 

 

Endorsed by:

 

Date:

 

 

 

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