10.0 INTENSIVE LIVESTOCK UNITS (ILU)
10.1 The plan area is popular for rearing livestock in confined conditions. These livestock units have given rise in the past to public complaint mainly about the unacceptable smells which arise from the storage and spreading of manure. The Council will apply the following policies to ensure that the well being of the community is safeguarded while maintaining an efficient and viable farming industry. These policies are based on the former Humberside County Council's Intensive Livestock Units Local Plan, which was first adopted in 1984 and subsequently amended in 1992. That Plan is now superseded by the policies in this Plan (see paragraph 1.26). The policies below set out clear criteria regarding the development of Intensive Livestock Units and of occupied buildings near to them, so planning applications can be judged accordingly.
10.2 For the purposes of this Plan:
i) an 'Intensive Livestock Unit' will be defined as buildings and associated works (for which specific planning permission is required on application) for the permanent indoor housing of pigs, poultry or cattle and also those for housing such livestock indoors for only part of the time if a slurry"' system is to be adopted.
ii) 'Occupied Buildings' will be defined as any permanent building or caravan site normally occupied by people, or intended for occupation by people, except a building or caravan within the same agricultural unit as the livestock unit.
10.3 Little can be done to rectify the poor siting of existing units and any opportunity for obtaining an overall improvement in environmental conditions through development affecting the Unit's continued operation needs to be taken.
Development proposals at an intensive Livestock Unit which will result in an overall improvement of existing conditions from an amenity point of view will be approved.
10.4 Conflict arises where new development takes place close to an existing intensive livestock unit. People moving into such development often subsequently complain about the unit itself and/or the manure spreading. The avoidance of such conflicts is considered preferable to trying to deal with them after they arise.
10.5 The precise amount of separation that is appropriate depends to some extent on the nature and duration of the activities involved. Housing and developments such as caravan sites, hotels, restaurants, schools and hospitals seem to be most sensitive and need to be kept furthest away. In other cases, including developments which involve the adaptation of disused farm buildings, some relaxation of the policy may be appropriate.
10.6 Where there is already an Intensive Livestock Unit in a settlement it would not be possible to adhere to this policy and an exception has had to be made.
' Manure: Animal faeces and/or urine in any form, including slurry, traditional farmyard manure and other materials with straw, wood shavings, sawdust, etc.
"Slurry: Animal faeces and urine that contains little or no added water (undiluted slurry) or with water (diluted slurry).
Proposals for new Occupied Buildings which are located within a distance of 400 metres from an existing Intensive Livestock Unit or Manure storage areas will not be approved with the exception of those units or storage areas which are already situated within development limits.
10.7 Most planning applications are for development at existing units and it is necessary that amenity be safeguarded. Applications will be determined on their individual merits but where a unit is not currently being operated satisfactorily, further development will be allowed only if some overall improvement will result, in accordance with Policy ILU 1. Reference to a recognised professional advisor is recommended when preparing a submission.
Proposals for further development of existing intensive livestock units, for which specific planning permission is required, will be approved only where it can be demonstrated that the enterprise is being and will continue to be operated satisfactorily from an amenity point of view or where an overall improvement in existing conditions from an amenity point of view will result (see Policy ILU1).
10.8 In order to minimise future conflict between the public and intensive animal units it is considered that there should be a protective distance between occupied property and new livestock units. However, in order to maintain viable livestock production it is necessary to accept reduced protection in the more rural parts of the Plan Area and apply more restrictive standards only in the vicinity of the Hull Urban Area, Urban Centres and Selected Settlements. For the purposes of this Plan, land falling within the relevant protective distance will be referred to as 'protected areas'.
10.9 All protective distances should normally be measured from the edge of the curtilage of the Unit buildings and should be subject to modification in detail to allow account to be taken of local factors such as climate, particularly prevailing wind, and topography and of individual circumstances, for example, the size and operating hours of the unit. The distances should be related to field boundaries or some clear physical feature wherever practicable.
10.10 In the case of the Hull Urban Area, the Urban Centres and Selected Settlements within the Plan Area, a protective distance of 800 metres should normally be maintained from the development limits as set out in the Proposals Map.
10.11 In the case of Non-Selected Settlements and in the open countryside where agriculture is predominant, the rigid application of an 800 metres protective distance would be unduly restrictive. It would, therefore, be preferable for applications to be dealt with on their merits depending on local circumstances such as the size of the settlement. Normally a protective distance of 400 metres should be maintained, though the protective distance around isolated dwellings would not be as great. A minimum distance of 100m will only be acceptable in exceptional cases and whilst it may be appropriate in some circumstances for the siting of livestock buildings themselves, for slurry spreading and for some associated works such as slurry storage installations, a minimum of 200m will be required unless an effective treatment system which reduces smell is to be used. Where possible, manure storage areas should be sited away from public roads, footpaths and bridleways.
10.12 In addition, the National Rivers Authority (NRA) may require restrictions on the siting and design of units near to sources of water supply and watercourses.
Development proposals for new Intensive Livestock Units and associated structures including earth walled storage compounds or lagoons will be approved only if sited a distance of 600 metres or more from the development limits of the Hull Urban Area, the Urban Centres or the Selected Settlements and a distance of normally 400 metres from the development limits of the Non-Selected Settlements.
10.13 Recent government advice and other policies in this Plan (principally Policies E14-E18) recognise the importance of protecting sites of nature conservation value. Only a small proportion of the Plan Area is covered by SSSI's and they should therefore deserve to be given some priority but many other areas deserve protection. Intensive Livestock Units could damage such sites in a number of ways, e.g. transfer of diseases, nutrient enrichment of habitats or loss of amenity for visitors. It will seldom be possible to accurately quantify such risks but, when looking at particular cases special consideration should be given to the relative importance of certain sites, particularly the Humber Estuary, which has considerable international significance.
New Intensive Livestock Units and associated structures will not be allowed where they, or their related slurry or manure spreading areas, would have significant adverse effect on Sites of Special Scientific Interest or other statutorily designated nature conservation sites or would significantly affect other sites of nature conservation importance (see Policies E14 to E18).
10.14 Other policies in this Plan are designed to limit any adverse environmental effects of Intensive Livestock Units to an acceptable level. It is recognised that this does not mean that such effects will be completely prevented. Therefore, there remains a danger that a number of units around a particular locality will jointly cause effects that are unreasonable. In considering a planning application for the expansion of an existing unit or the establishment of a new unit the Council will consider the adverse effects already being experienced and whether they are likely to be made significantly worse by the development of further units.
10.15 In addition, Policy ILU2 of this Plan limits development near Intensive Livestock Units. In exceptional circumstances. for example where several units would surround a settlement, this may lead to a situation where otherwise appropriate or necessary development is unreasonably restricted.
If, in any locality, the existence of a number of Intensive Livestock Units means that any further units would cause an increase in adverse environmental effects to an unacceptable degree and/or seriously restrict reasonable expectations of further development of a settlement in accord with the provisions of the development plan, then such further units will not be allowed.
Availability of Land for Spreading Liquid or Solid Manure
10.16 In view of the possible loss of amenity from the manure associated with a high density of livestock in any one area, it is essential that sufficient and suitable land is available for spreading. Where it i5 necessary to transport manure from units to spreading areas special care should be taken to ensure that this is done in an acceptable manner from an amenity point of view. Wherever possible, transport through residential areas should be avoided.
10.17 'Sufficient land' is regarded as that which is recommended in current MAFF advice. This may be determined on the basis of the available nutrients produced by a given number of livestock and the nutrient requirements of the crops grown. Broad guidelines are given in Appendix 9. Subject to the prior agreement of the Council, the amount of land required for spreading may be reduced if a suitable agreement to dispose of manure in some other acceptable manner can be reached. If this involves transportation away from the unit care should be taken to ensure that suitable means of transport will be used to avoid environmental problems.
10.18 'Suitable land' is that which is outside the 'protected areas'. Regard must also be given to any additional restrictions required by the NRA. Where an effective purification system that will significantly reduce smell is to be used consideration can be given to allowing the use of land which would not otherwise be regarded as suitable.
10.19 Where land not under an applicant's own control is to be used, steps should be taken to ensure that agreements with other landowners are adequate and binding and that the land in question will be used for manure spreading so that the total manure load does not exceed that recommended in current MAFF advice. Where required, agreements should normally be in place before construction is allowed to proceed. Consideration should also be given to the alternative arrangements to be made in the event of such an agreement being terminated.
10.20 The following matters will also be relevant when the Council is considering planning applications for expansion of existing or establishment of new livestock units:
i) pollution of water supplies and possible contamination of water courses; ii) geology and soil types;
iii) soil analysis and cropping programme; iv) type of effluent system to be adopted; v) amenity aspects of the development;
vi) need to transport slurry or manure through residential areas; vii) the effects on sites of nature conservation importance.
Recognised professional advice can be obtained on items ii) to iv). English Nature can advise on item vii).
Proposals for new, or for the further development of existing, intensive livestock units, for which specific planning permission is required, will be approved providing sufficient suitable land is available for spreading manure either under an applicant's own control or by agreement with another farmer. The installation and use of an effective purification system will be taken into account when assessing the suitability of available land.
Manure Handling - Slurry Systems
10.21 In order to avoid too much slurry being spread on a given area of land which could give rise to smell and hydrological problems, it is necessary to define a maximum amount of slurry which should be applied in some situations and it is therefore proposed that this should form the basis of planning conditions in appropriate cases. An extract from the Code of Good Agricultural Practice is reproduced at the end of this Plan (see Appendix 9).
10.22 Reduction of the frequency of slurry applications is important in minimising nuisance caused. Efforts should also be made to spread most slurry during the growing season and as little as possible at other times.
10.23 Amenity preservation, maintenance of unpolluted water supplies and other considerations such as soil types and rainfall may require modification of the recommended application rates.
10.24 Early consultation between developers, recognised professional advisors and the Council will assist in agreement upon suitable rates in particular circumstances. The Council favour methods of disposal which reduce the dispersal of odours to the atmosphere.
10.25 Means of spreading that involve spraying slurry into the air, such as rain guns, should be avoided, and spreading should not be done when wind is blowing towards housing or when it is likely to cause nuisance. Spreading should also be avoided at week-ends and bank holidays whenever possible. Arable land should be cultivated as soon as possible after slurry has been applied to help reduce smell nuisance.
10.26 Slurry spreading is the cause of most complaints and to safeguard amenity it is best kept away from housing. It would not be reasonable, however, to impose the same restrictions on all classes of settlement and as with policies for expansions of existing and new units above, a distinction has been made.
10.27 Reference should be made to the appropriate region of the NRA for further detailed information, when spreading and storage of slurry, diluted or otherwise, are proposed. A Guide on Policy and Practice for the Protection of Groundwater is available from the NRA.
Proposals for new, or for the further development of existing, intensive livestock units for which specific planning permission is required, will be approved providing that:
a) the spreading of slurry will be restricted to land outside the protected areas unless it is proposed to use some method of treatment or application capable of significantly reducing smell nuisance.
b) the maximum quantity of slurry to be spread will be controlled in accordance with the MAFF Code of Good Agricultural Practice, taking into account the time of year, the crop and the type of soil.
10.28 Problems can arise when slurry is spread frequently on the same area of land or when spreading takes place under adverse weather or ground conditions and it is therefore important that operators are able to avoid these circumstances arising. Normally four months storage capacity will be adequate to protect amenity, and in many instances a smaller capacity might be acceptable. If an operator is prepared to install a suitable treatment plant this will be taken into account when assessing storage capacity requirements.
10.29 The onus for ensuring that storage is adequate and that the unit is managed properly to avoid environmental problems rests firmly with the operator. It is necessary to separate normal surface water run-off from that of contaminated areas. References should be made to the NRA for further information and assistance.
10.30 Problems have occurred in the past with lagoons used for storing slurry from several independent units. Such 'communal' lagoons can cause problems arising in particular from the need to transport manure, the volume of slurry stored and the increased frequency in spreading. Proposals for communal lagoons will only be approved in exceptional circumstances, for instance where it can be demonstrated to the satisfaction of the Council that there will be an overall improvement of existing conditions from an amenity point of view
10.31 It is recommended that informal preliminary discussions with all relevant interested bodies should take place so that any problems may be sorted out in the early stages of the development.
Proposals for new, or for the further development of existing, intensive livestock units, for which specific planning permission is required will be approved providing that enough storage capacity will be provided to avoid too frequent spreading or the need to spread in unsuitable circumstances. The design of the storage arrangements should be such that the chance of spillage or seepage is reduced to a minimum. In the case of above ground storage, further precautions may be required to prevent any accidental spillage or seepage causing pollution.
Proposals for 'communal' storage lagoons will only be approved where there will be an overall improvement of existing conditions from an amenity point of view.
10.32 The spreading of poultry manure has generally given rise to less problems than slurry. Nevertheless, it can cause offence and needs to be restricted close to occupied buildings. It also seems undesirable to site manure heaps close to areas of public access if it can be avoided. Under normal circumstances, it can be expected that manure from litter-based poultry units will be less offensive than other forms, if suitable litter material, such as wood shavings, sawdust or chopped straw is used. In these cases it may not be necessary to insist upon the full protective distance.
Proposals for new, or for the further development of existing, intensive livestock units will be approved providing that poultry manure will not be stored or spread on land within 400 metres of occupied buildings in the Hull Urban Area, Urban Centres and Selected Settlements or 200 metres elsewhere, unless it can be demonstrated that no offence will be caused to occupied buildings within that protective distance. Where possible, manure storage areas should also be sited away from public roads, footpaths and bridleways. Provision should also be made for the collection and disposal of disinfectant and wash water without causing pollution.
10.33 As straw manure does not have the noxious smell that is associated with slurry and some poultry manure and is more acceptable to members of the public, there seems to be no reason why restrictions should apply to spreading areas if it is applied in suitable quantities.
10.34 When a straw system is to be installed, careful attention must be given to permanent areas for dung storage within the farmstead to prevent seepage and pollution. Specifications or recommendations for a suitable base on which to store the dung, along with the other requirements, can be obtained from a recognised professional advisor.
Proposals for new, or for the further development of existing, intensive livestock units, (or which specific planning permission is required will be approved providing that any spreading of manure other than slurry or poultry manure in protected areas is done in accordance with the amounts recommended in the MAFF code of practice.
Use of General Purpose Buildings
10.35 It is appreciated that farmers must occasionally use such buildings in emergencies or for short periods, but housing of livestock in buildings not designed for them can lead to unsatisfactory conditions and smell nuisance.
Development proposals to use existing general purpose buildings for the permanent housing of livestock will not be approved where such an enterprise will be based upon a slurry system; conditions to this effect will therefore be included in future permissions for general purpose buildings for which specific planning applications and permissions are required.
10.36 In the interests of visual amenity unobtrusive siting and landscaping of new agricultural buildings in the countryside are desirable in view of the size and materials now common with such buildings. The planning authorities will consider the details and at the same time take into account any special circumstances.
Units and associated structures should be so sited that they do not intrude into the landscape. Where necessary, tree screening should be included as an integral part of the planning application and/or covered by conditions of planning approval. Materials of construction need to be chosen carefully so that the resulting development tits sympathetically into its rural setting.