Eco-lawyers intervene in row between villagers and Cranswick’s Cherry Tree Farm in Stow Bedon
Eco-lawyers have intervened in an ongoing row between villagers and a “smelly” farm, warning a Norfolk council risks failing in its duties by not resolving the dispute.
The Environmental Law Foundation (ELF) has said Breckland Council is danger of “maladministration” by stalling on its decision on two planning applications submitted by the site in Stow Bedon.
Cherry Tree Farm, run by food firm Cranswick, expanded in 2021 to house 7,000 pigs - but buildings were found to have been built differently to the approved plans.
The facility put in a retrospective planning application in 2021 to reflect what had been built, but the council has yet to issue a ruling.
The case will be of interest to people in Norfolk, with Cranswick currently seeking permission to construct a megafarm housing chickens and pigs and a site in Feltwell and Methwold.
Time is running out for Breckland Council to make a decision in Stow Bedon, as the elements built without the correct permissions could become immune from enforcement action.
Since the expansion, villagers have made hundreds of complaints about strong smells of ammonia, a pungent gas that comes from manure and urine, which can be emitted at high levels at intensive livestock farms.
It does not remain in the environment for long, as it rapidly reacts to form ammonia compounds. However, it has a strong acidic smell and can cause irritation to the eyes, nose and throat.
RULES BREACHED
Cranswick was forced to make changes to the buildings and its operations after the Environment Agency reported 12 breaches of its environmental permit.
This led to two retrospective planning applications being submitted to the council to regularise the changes, which are yet to be decided.
If a decision is not made soon, the site could become immune due to time limits for councils to take enforcement action against planning breaches.
Emma Montlake, head of casework at ELF - a charity supporting people affected by environmental issues - called on the authority to refuse permission for the changes due to the continued problems.
In a letter to Simon Wood, director of planning at Breckland Council, she said: “Your council’s failure to determine the two outstanding applications is an abrogation of your statutory duties, as is your continued failure to address the breaches of planning control.
“We are mindful of the time limits for taking enforcement action and we are concerned by any possibility of the unauthorised development obtaining immunity.
“Were that to happen, the responsibility for allowing this would fall fairly and squarely on your council and amount to clear maladministration.”
HEALTH FEARS
Cranswick has said it is operating within the parameters set by the Environment Agency and that it is committed to ensuring it is a sustainable, modern farm delivering much-needed local food and providing employment.
It says it has made changes to its buildings to tackle the problems, including adding 70 metal chimneys for ventilation.
But residents say problems have persisted with the smell and are angry at the ongoing delay from the council.
One villager, who asked not to be named, claimed she was even advised by a doctor to avoid having children after raising fears about the harm the ammonia gases could be having on her health.
She said: “It takes my breath away and can give me severe headaches when it is really bad. It can make my throat close up.
“I feel like my home is no longer safe - no one should live like this.”
Ann Cuthbert, a healthcare professional who lives near the farm, has likened the situation to “mass gaslighting” as numerous agencies appear reluctant to act.
The 66-year-old said: “It is very simple – it has not been built how it is supposed to have been, breaching planning rules, but no one is doing anything about it.”
EA officials investigating the site also said they “felt unwell” after visiting the location, prompting calls for more staff training to be completed last year.
A Breckland Council spokesman said: “The council is currently considering two applications for this site.
“The contents of the letter from the Environmental Law Foundation will be taken into consideration as part of the determination process.”
IMPROVEMENTS MADE
A Cranswick spokeswoman said improvements have been made at the site and that it continues to monitor the situation.
She added: “As a longstanding Norfolk employer, it’s important to us to be a good neighbour in all the local villages and communities where our farms are based.
“We have also made improvements on site to reduce odours, such as increasing chimney height and setting up sensors to track the wind direction, so we can make changes to our daily operations and minimise any impact on the local community.”
The firm has previously declined to comment on specific health concerns among villagers.
