A local medicinal cannabis producer must remove equipment creating “intrusive and unpleasant” noises from its St Lawrence premises after failing to successfully appeal against a planning notice.
Northern Leaf must now remove items from the site which it had installed unlawfully – including large chillers and a screening wall – after Environment Minister Steve Luce rejected an appeal against an enforcement notice served by the Planning Department.
Neighbours had complained of “unbearable noise” and “disgusting smells” emitting from Northern Leaf's Retreat Farm premises.
Pictured: Environment Minister Steve Luce rejected Northern Leaf's appeal against an enforcement notice served by the Planning Department.
The cannabis company, 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.
But Deputy Luce rejected the company’s appeal, following an independent planning inspector’s report which concluded that Northern Leaf had broken planning legislation.
The Environment Minister said: “I have, therefore, decided to give full effect to the recommendations in dismissing the appeal, save for an extended period of compliance.”
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”.
The inspector found that the noise of the chiller plant was “particularly intrusive and unpleasant for its near neighbours” in surroundings which were “distinctly rural and relatively tranquil”.
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.
Deputy Luce said: “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.”
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.
Ed Douglas, Head of Administration at Northern Leaf, said: “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.”
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