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Planning appeal decision

Dismissed11 September 20233317989

Barrack Lane, Lilleshall, Newport, Shropshire, TF10 9ET

the erection of new farm cattle shed with associated concrete apron and cattle track

Authority
Telford and Wrekin Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Minor general industry/storage/warehousing
Inspector
Radcliffe I

Main issues, as the Inspector framed them

  • the effect of the proposed development on the integrity of the Aqualate Mere Site of Special Scientific Interest (SSSI) which is part of the Midland Meres and Mosses Phase 2 Ramsar which is a European Designated Site
  • whether the proposed development would result in acceptable living conditions for future residents of the permitted nearby housing development to the west, with regard to odour, flies and outlook

What decided it

The Inspector could not rule out, applying the precautionary principle, an adverse in-combination effect of ammonia/nitrogen emissions on the integrity of the already-failing Aqualate Mere SSSI/Ramsar European Designated Site.

the economic benefits of the building to the farm and British agriculture were insufficient to outweigh the conflict with the development plan and the Conservation of Habitats and Species Regulations 2017

Framework references: 126

Plan policies cited: Policy NE1, Policy SP4, Policy BE1, Policy EC3

Judgments cited: The Wealdon Judgement 2017; the Dutch Nitrogen decision 2018

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.