A CANNABIS cultivator is considering its next steps and “remains committed to working constructively with the government” after permission allowing it to run noisy chillers at its St Lawrence base was withdrawn.
Last December, Northern Leaf, based at Retreat Farm, was finally given permission to build an ‘acoustic enclosure’ over the existing chillers after a lengthy planning process that goes back at least five years.
This was an attempt to address the complaints of neighbours, who strongly object to the odour, light and noise coming from the farm.
However, a group of residents appealed this permission, given by the Planning Committee, and the third-party objection was heard by independent planning inspector Sue Bell in March.
Mrs Bell upheld the appeal – on grounds including the inadequacy of an environmental impact assessment submitted with the application by Northern Leaf. New Planning Minister Sir Mark Boleat, who ultimately decides if an appeal is successful, went with the recommendation of the inspector.
However, Senator Boleat added that he had only done so “reluctantly” and he believed “the issues raised by the inspector could be addressed in a new application.”
In response, a Northern Leaf spokesperson said: “Northern Leaf is carefully reviewing the minister’s decision and the inspector’s findings, including the minister’s view that the issued raised could be addressed through a new application.
“We are considering the appropriate next steps and remain committed to working constructively with the government and parish to achieve a suitable long-term solution that benefits all of our stakeholders.”
Also speaking to the JEP, a resident – who wished to remain anonymous – said that, while happy that their appeal had been upheld, the fact that the Senator Boleat had raised the possibility of a new application “showed that he is in favour of Northern Leaf and has not considered the severe health effects on the neighbours and their years of suffering”.
They added: “He should also recuse himself from future decisions.”
The successful appeal raises a further challenge to Northern Leaf in that last December’s approval also provided de facto endorsement for the chillers themselves, which have never received planning permission and are the subject of an official enforcement notice requiring their removal.
Northern Leaf say the chillers are fundamental to the operation of their business. However, Mrs Bell concluded that their importance only highlighted the inadequacy of the impact assessment.
She said: “I am conscious that in recommending refusal, the chillers remain unauthorised. Should they continue to operate they would also continue to generate noise, to the detriment of neighbouring amenity.
The applicant [Northern Leaf] has stated: ‘The permission therefore provides a clear and measurable framework for controlling noise. In contrast, refusal would leave the chillers unenclosed and unmitigated’.”
Mrs Bell added: “That would only be the case if the chillers continue to operate. There is an existing enforcement notice, which requires the removal of the [surrounding] mega block wall and chillers.
“I understand that if the chillers ceased to operate that could have consequences for the cultivation of the crop and the applicant’s business. However, I do not consider that these consequences would justify consenting an application, which has not demonstrated that adverse effects would be avoided and which is not in accord with the Bridging Island Plan.
“To do so could result in a consented development that fails in its aim of controlling noise from the chillers.”
