A THIRD-party appeal by residents living close to Retreat Farm in St Lawrence against approved plans to build a sound-buffering cover over noisy chillers has succeeded.
Permission to allow the “acoustic enclosure” and a landscaped bund to screen piping was approved by the Planning Committee last December.
However, on Friday, new Planning Minister Sir Mark Boleat rejected planning permission, following the recommendation of an independent planning inspector who heard the appeal in March.
Cannabis grower Northern Leaf – which is based at the former flower-growing farm – had argued that the cladded single-pitched roof frame would suitably dampen the noise of the chillers, which were essential to the cultivation process.
The successful application after several attempts also served to provide planning approval for the chillers themselves, which had been installed without permission and were previously subject to a planning enforcement notice calling for their removal.
However, residents – who have been involved in a long-running battle with the business primarily over the noise and smell emanating from the farm – appealed the December permission on the grounds that it had been incorrectly categorised as a ‘minor’ application, and it was wrong for the application to have doubled up as de facto permission for the chillers.
In her report, inspector Sue Bell concluded that Northern Leaf’s submitted ‘Environmental Impact Statement’ was inadequate and did not allow for a full understanding of the environmental effects of the proposals.
She added that it would be difficult to consent to an application that was insufficient to “fully identify, describe and characterise” the effects on the environment or which had not properly considered alternatives.
The inspector said that, in recommending refusal, the chillers remained unauthorised.
Mrs Bell noted that any consequences this might have on the cultivation of the crop and the applicant’s business would not justify consenting to an application which had not demonstrated how to avoid adverse effects and which was not in accord with the Bridging Island Plan, which is the rulebook against all applications are judged.
Senator Boleat said that he had “reluctantly” decided to uphold the inspector’s recommendation.
He said: “Although this decision could have consequences on the applicant’s business, I cannot ignore the fact that consenting to this application would result in development that fails to fully consider adverse effects on the neighbouring community, particularly in respect of noise and odour.
“Nevertheless, I believe the issues raised by the inspector could be addressed in a new application.”
