Ask an Property Solicitor. Get an Answer ASAP.
I have been asked to look at this for you.
Impact on the local amenity is literally what it says in plain English. You are correct that the smell from the shed (if there is indeed such a smell would be an impact and if there is excess traffic that would also be an impact but you have to consider what is excess because there is going to be much excess on 17 acres.
The problem for you is that once planning consent has been granted it is impossible to overturn it except that you can make an application for judicial review which won’t necessarily change the decision it would just make the local authority revisit the grounds on which the decision was made.
There is a validation checklist in respect of all applications and this is one which I happen to come across from one particular council.
I wouldn’t worry about the geography.
These kind of terms are deliberately vague because it means that the council can interpret it as they wish.
Many documents containing the word “reasonable” and the same thing applies.
It depends on the circumstances.
The council may have a checklist but it’s not for public consumption. You would need to speak to a planning consultant to get more information on that. Never a bad idea.
I know little about 106 agreements. Not a lot!
What is the condition of the 106 agreement? That the 17 acres is linked with the 90 acres? In what way? I would need more details of the 106 agreement please.
However looking at the final paragraph it does indeed appear that he has lied. If he is now using something different, then it’s back to the planning department because it’s change of use and the enforcement period is 10 years. From experience, farmers think they can do what they like until they are told otherwise. And they do do what they like.