ENVIRONMENT Agency officials have confirmed an investigation is ongoing at a farm near Rackenford that has submitted plans to import around 663,000 tonnes of soil for a biodiversity scheme.

East Nutcott Farm, in North Devon, has been the focus of an investigation by the watchdog, supported by two Devon councils.

The farm’s owners, Titham Limited, have stated that while the Environment Agency investigation is not yet concluded, it had “not identified that any works are unregulated or that any unsuitable materials have been imported”.

The farm has plans currently under consideration by Devon County Council for the importation of 663,000 tonnes of “clean soil… from construction sites that will be used for biodiversity enhancements and the reprofiling of the host site”.

The application comes more than a year after a bid by the owners of Lower Brenton Farm, in Kennford near Exeter – who also own the Orange Elephant Ice Cream company with its eye-catching orange elephant that sits beside the A38 – which was ultimately rejected by Devon County Council.

Planning documents for the East Nutcott site state the proposals would re-profile disturbed ground, create a “stable and naturalistic landform”, and deliver a long-term programme of habitat creation and ecological management over approximately 22 acres of land.

However, alongside these proposals for the inert landfill on part of the site, Titham has been working on land improvements to “assist in returning the farm to working operation” under permitted development rights that it doesn’t need to apply for.

Titham said this work, which has included the importation of clean aggregate material to construct farm tracks, had been viewed by a small minority of objectors to the proposed landfill scheme as a “pretext to suggest to the regulators that work on the landfill is progressing ahead of approvals, and that the imported materials represent contamination risk”.

“Neither of these scenarios is correct,” Titham added.

An Environment Agency spokesperson said: “The Environment Agency is working closely with Devon County Council and North Devon District Council to stop waste activity at this site that may be unlawful.

“We wish to proceed with our investigations but cannot comment further on these at this time.”

The farm’s planning application has prompted concerns locally, with 159 objections being lodged on Devon County Council’s website.

Rural residents of Rackenford fear what they claim would be “four years of disruption”.

Titham states the application is a response to the “identified need for additional capacity to manage arising of clean inert waste from construction projects” in the area, and that Devon planning policies “encourage such materials to be managed as close as possible to their source”.

The firm said it had committed to public engagement and had held a public meeting at the Rackenford Club in November last year.

One resident, who did not want to be named, said they were “deeply concerned” about the development’s potential impact on the community.

“Residents already experience issues with heavy vehicles using these narrow lanes, and the prospect of years of additional industrial traffic creates genuine fears for road safety, property damage and the protection of our local environment,” the resident said.

Councillor Richard Hopley (Reform UK, South Molton), said: “Pouring up to 70 heavy lorries a day down single-track rural lanes for four years is completely unacceptable for the Rackenford community.

“Our roads, historic buildings, and local environment cannot sustain this level of industrial activity.

“We are calling on the planning authority to listen to local residents and subject this application to the strictest possible scrutiny.”

John Woolstencroft, from Titham Limited, said: “While the Environment Agency investigation is not yet concluded, there have been no further requests for inspection or data relating to operations at the site since the summer.

“Inspections by the EA and the council have not identified that any works are unregulated or that any unsuitable materials have been imported,” he said.

“Indeed, the temporary suspension of the works requested by the regulator of the aggregate importation (known as CL:AIRE) has now been lifted following their review and assessment of the works.

“Further, the suggestions that work on the landfill had commenced prematurely have also been shown to be misguided and regulators have advised objectors accordingly.”

Mr Woolstencroft stated Titham had provided “full co-operation and access to the site” for the Environment Agency and the councils to assist their investigation.

He added: “Development proposals such as quarries and landfills always generate local concerns, particularly in respect of potential highways and amenity impacts, and this site has been no exception.

“Local residents have been using the democratic consultation process to record such concerns with the waste planning authority, which is Devon County Council.”