Dairy farm odour and insect impact acceptable for future occupiers

The secretary of state, following recovery of an appeal in Oxfordshire, decided that the occupiers of 54 dwellings would not be adversely affected by odour or insects from a neighbouring dairy farm.

In agreeing with his inspector the secretary of state concluded that there was a lack of empirical evidence to confirm that the odour associated with the dairy farm would give rise to impacts which were more than slightly adverse. Concentrations of insects might well be higher but these would not be at such a level as to be unacceptably high.

In relation to a neighbourhood plan which had been subject to examination the secretary of state noted that the appeal site was not allocated for development. The plan stated that up to 20 dwellings might be permitted in any one location provided the threshold was not exceeded. This suggested that more than 20 dwellings could be built in one location in a series of phases over a period of time and consequently development on the appeal site would not necessarily breach this policy if built in such a manner. In so concluding the secretary of state decided that the inspector who conducted an examination into a recently adopted local plan endorsed the planned housing trajectory and concluded that a five-year supply of housing land was capable of being demonstrated. On this basis, despite the agreement to the contrary by the main parties, an adequate supply of housing could be demonstrated. The proposal would nonetheless ensure that additional housing including affordable units was provided in a sustainable location.

Inspector: Tim Wood; Inquiry


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