HL Deb 13 November 1986 vol 482 cc121-2WA
Baroness Gardner of Parkes

asked Her Majesty's Government:

Whether they have reached a decision on the proposals to control the erection of livestock units near residential property set out in his department's consultation paper of 23rd January 1984.

The Parliamentary Under-Secretary of State, Department of the Environment (Lord Skelmersdale)

We have considered the many representations received in response to the department's consultation paper, which proposed that the erection of livestock units within 100 metres of residential and similar property should require specific planning permission. At present many such livestock units benefit from the deemed planning permission given by Class VI of the General Development Order.

It was clear from the responses to the consultation paper that the erection of livestock buildings near residential and other property is an issue about which many individuals and organisations feel strongly. The vast majority of respondents considered that the problems caused by the erection of new livestock units, particularly those of noise and smell, would not adequately be dealt with by requiring that only those within 100m of existing residential property should be the subject of specific planning permission. On the other hand, it is important not to impose new burdens on the farming industry without clear justification.

We have reconsidered the proposals against that background and have concluded that it would be appropriate to set the boundary within which new livestock units in England and Wales should require specific planning permission at 400m from existing permanent buildings (except other farm buildings, or special industrial buildings—i.e., those comprised in Classes V-IX of the current Use Classes Order). The controls will apply to all units erected for housing livestock; it would not be practicable to seek to distinguish "intensive" livestock units from those where livestock are housed more traditionally. They will also apply to the erection or construction on farm land of buildings or structures designed to deal with the waste products of the animals housed in the unit—e.g. slurry tanks or lagoons—and to construction of sewage sludge lagoons on agricultural land.

I should emphasise that the Government are seeking to ensure only that, in certain defined circumstances, livestock units shall require prior planning permission, in the same way as most other types of development. It remains our policy that there is a general presumption in favour of allowing applications for development, having regard to all material considerations, unless that development would cause demonstrable harm to interests of acknowledged importance.

These changes will be brought into effect by means of amendments to Class VI of the General Development Order, as part of the further amendments to and simplification and consolidation of the order which we hope to lay before Parliament later this Session.