Updated 11 May 2007, this page includes various recent
decisions on appeals against refusal of planning consent. Summarises
of appeal decisions arising from refusal of planning consent are available at www.Planning Reource.co,uk/dcs,
with a copy of the decision
letter also available for a fee.
'SoS' = Secretary of State. 'DETR'
is now ‘DCLG’ = Dept for Communities and Local Government.
Surrey Hills GB/AONB sandpit to be
restored. Subsoil and green
wastes will be imported to the site and return the land to beneficial
agricultural use. These materials will
be mixed on site to create topsoil and spread to a depth of 75cm. the Inspector noted the current derelict
appearance and it was better to mix on site than elsewhere. The site should be restored within one year of
work starting. DCS 36360352. June 2004.
W Mids GB waste recycling facility refused. The inert materials recycling facility would
be in a quarry and screened from view.
The Inspector accepted it would not contribute to urban sprawl , be
invisible from public viewpoints, and would be temporary. However simply hiding it did not mean the
openness would be preserved. If accepted
and repeated it would seriously devalue GB policies and was wrong in any
case. If the floor of the quarry had
building works on it then it would no longer be open. The processing plant would harm the GB by
definition, compromising openness and add to urban sprawl. The benefits of
recycling did not outweigh the harm to the GB.
DCS 39346944. July 2004.
West Yorks GB quarry extension refused - a requested 5-year extension for stone
extraction would have too great an environmental impact. The site had a history of complaints and
enforcement notices, problems of mud and debris on the road and footpath
obstruction. The Inspector noted the not
very high standard of work and long-term dereliction of the site entrance. It was not possible to assess the true impact
of the scheme making it inappropriate to allow continued use. DCS 35050810 Nov 2003.
Essex GB reservoir use as quarry did not need full archaeological dig
– It would not threaten highway safety and any
archaeological remains could be investigated by on-site surveys. About 500,000 tonnes of sand and gravel will
be extracted creating a 4.1ha reservoir.
The Council wanted an arch. dig before work began but the Inspector said
this exceeded that advised in PPG16. DCS 32670293. June 2003.
Oxford GB recycling facility refused - The Inspector refused to allow part of a
former limestone quarry to be used for recycling secondary aggregates, being
inappropriate in the GB, and no very special circumstances had been given. The
proposed plant and equipment would reduce the openness. There were other waste
recycling and transfer sites in the area so there was no special need for this
one. March 2003. DCS 40073637
West Yorks quarrying & landfill review - The local authority approved a quarrying
and landfill permission for a 10-year period. It allowed increased depth of
stone extraction and landfill up to 250,000 tonnes a year. The Court of Appeal
agreed with a resident that the High Court failed to properly consider that the
SoS had decided without giving objectors a reasonable opportunity to comment.
The resident granted permission for a full hearing before the Court of Appeal.
Smith v SoSETR 13 June 2002. Ref C/2002/0302.
Mineral extraction & landfill refused - lack
of demand - An
extension of a quarry was argued to be appropriate development in the GB near Doncaster. The Inspector agreed that the extraction
of limestone was OK, but land filling was not. It would urbanise the
undeveloped character of the area. He also agreed that extraction of low-grade
limestone would assist conserve other high-grade stocks. However the landfill
would be over 16 years from 2012 and there was no established need for this
type of disposal of waste. The national policy was for more recycling,
composting and energy conservation, and Doncaster already had landfill capacity
for the next 10 years. Doncaster MBC 7 Sept 2001 DCS NO. 3592038
Infill of cleared woodland with waste is inappropriate in GB
- A felling licence for 1ha
required replanting with groad-leaf trees but the company argued that ground
conditions made this impossible. They proposed to re-grade 0.5ha of cleared woodland
with imported inert waste and then replant, but this was refused at a Staffs GB
site. The county forestry officer said that existing ground conditions did
allow replanting without infill, and the Inspector agreed, ruling that the
infill was inappropriate development. He also noted an ample supply of infill
sites that could be used for the inert waste. Staffs CC 31 July 2001. DCS No. 39739068
Quarry extension approved in GB - Working of sandstone was permitted for
more years - 2002 to 2006, and for the disposal of 250,000 cubic m. p.a. of
controlled domestic, commercial and industrial waste over a 10-year period. It
would lead to a reduction in vehicle mileage and transport costs. It would have
some environmental impact on the landscape but it would be more attractive at
the end of the operation. Bradford CC 14 March 2001 DCS No. 33880293.
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