ST LAWRENCE residents complaining of “unbearable noise” and “disgusting smells” have won a battle with medicinal cannabis producer Northern Leaf over unauthorised development at their Retreat Farm premises.
The company must now remove items from the site which it had installed unlawfully – including larger chillers and a screening wall – after Environment Minister Steve Luce rejected an appeal against an enforcement notice served by the Planning Department.
Following the decision, Northern Leaf has said it remains “committed to being good neighbours and operating within the bounds of the law”.
Northern Leaf, which was threatened with liquidation earlier this year, had tried to overturn the notice imposed by Planning after a string of objections from angry neighbours.
Yesterday [Thurs], Deputy Luce rejected the company’s appeal, following an independent planning inspector’s report which concluded that Northern Leaf had broken planning legislation.
“I have, therefore, decided to give full effect to the recommendations in dismissing the appeal, save for an extended period of compliance,” Deputy Luce said, warning that it was possible that further action could follow.
He continued: “The inspector also noted that the planning application submitted with the appeal was not fully consistent with what would be required to satisfactorily address the breach of planning law and, as a result, I have now asked my officers to look into this issue.”
The controversy concerned equipment installed without permission at Retreat Farm, which independent planning inspector Philip Staddon described in his report as “being more akin to the sounds associated with an industrial factory”. In surroundings which were “distinctly rural and relatively tranquil”, the noise of the chiller plant was “particularly intrusive and unpleasant for its near neighbours”, the inspector found.
Announcing his decision to uphold the inspector’s conclusions, Deputy Luce said his officers had reacted to concerns from residents that their quality of life was being impacted by odour and noise generated from the site, prompting Northern Leaf to lodge an appeal against the enforcement notice.
“An independent planning inspector was appointed to hear the appeal and, in doing so, he considered all relevant plans, documents, statements from the appellant, statutory bodies and local residents before holding a public hearing into the case. His report concluded that there had been a breach of planning law and that the amenities of nearby residents were being unreasonably affected as a result of the unauthorised development,” Deputy Luce said.
Northern Leaf were originally required to remove the offending structures at Retreat Farm within two months but Deputy Luce followed a further recommendation of the planning inspector by extending the period to six months.
Northern Leaf head of administration Ed Douglas commented: “The company is confident that it can meet the conditions for compliance set out in the decision.
“We remain committed to being good neighbours and operating within the bounds of the law.”
