Stoulton Odour Problem - information
Latest update 29 August 2014
We are aware that there are issues at the moment, but have been informed that this is to do with a slurry pit being emptied. We are told that this should be the last day (Friday, 29 August) of muck spreading.
As residents will know an abatement notice was served on Wadborough Park Farm in February 2012 because of the persistent odour problems. An appeal against the notice was subsequently made by the Rodenhursts.
This appeal was heard in July 2013 with a decision given in August 2013. Wychavon and WRS were successful in defending the abatement notice. Substantial costs were awarded against the Rodenhursts.
The Rodenhurst's have, however, taken their appeal to the Crown Court. It is likely that this further appeal will be heard later in 2014. in the meantime the abatement notice remains in place.
Last year Wychavon issued five planning enforcement notices against Wadborough Park Farm for breaches of planning regulations. Once again an appeal against the notices was subsequently made by the Rodenhursts. The Planning Inspectorate held an inquiry into the appeal on 6 and 7 August 2013.
The planning inspectorate was as follows:
Notice 1 - Extensions to main 6 buildings and associated developments i.e. roadways
The Inspector considered that on the balance of probability the first phase extensions to the original 6 buildings may have been built more than 4 years prior to the service of the notice. This same view applied to the roadways between these parts of the buildings. Hence the appeal succeeded in this regard and Mr Rodenhurst can keep these extensions/roadways.
The Inspector did not consider that the second phase extensions to buildings 4,5 and 6 had been shown to have been erected for more than 4 years so the appeal failed in this regard and Mr Rodenhurst has to remove these extensions and the roadways between these parts (along with that between buildings 1 and 2) within 6 months.
Notice 2 - Lagoons
The appeal succeeded on the main lagoon and Mr Rodenhurst can keep this (subject to any EA requirement to alter or remove). The appeal failed on the second lagoon to the rear of the open cattle pens therefore this has to be removed within 6 months.
Notice 3 - Agricultural buildings G, J and L
The Inspector did not feel that on the balance of probability that these buildings had been erected for more than 4 years and therefore these have to be removed within 6 months.
Notice 4 Caravans
This was withdrawn at the start of the inquiry. Partial costs have been awarded to the Council in relation to the time spent in defending this part of the appeal.
Notice 5 - Extension to house
The Inspector agreed with the Council that this extension was not 'permitted development' as claimed by Mr Rodenhurst. Therefore planning permission was required and the appeal failed. This has to be removed within 6 months.
Environment Agency update
After completing and carefully considering the findings of their investigations at Wadborough Park Farm, the Environment Agency (EA) believes numerous offences have been committed and that pursuing a prosecution against the operators is appropriate.
The charges put to the company relate to repeated polluting discharges to the local watercourse and the failure to comply with the requirements of two statutory improvement notices, intended to bring the farm infrastructure up to the legal standards required for the protection of the environment.
A & A Rodenhurst Ltd pleaded guilty to 5 charges (4 for pollution offences and 1 for non-compliance with an improvement notice). In December 2013 the company was fined and are bound by the Court to make improvements.
Please continue to report odour problems when they occur via the website or on the phone as they do help us to build evidence and will make a difference.
Telephone: 01905 822799..
Stoulton Odour Problem News Letters