Land & Mineral News
Welcome to our News and Views page. On this page we will focus on topical issues and hope that you will find the information relevant and helpful. The views are opinions of the authors only and should not be relied upon in any way in specific cases without taking further advice.
Appeal Win – ‘Déjà vu’ on traffic movements in Cotswolds AONB
A few years back LMM successfully appealed a traffic restriction condition on a mineral permission, resulting in the deletion of the condition, at Cotswold Hill Quarry in the Cotswolds AONB. Subsequently in granting permission for restoration works using imported infill materials the council imposed on a new restoration permission an almost identical condition severely restricting traffic movements. Following refusal of a S73 application to remove this condition the operator had no alternative but to appeal. The inspector allowed the appeal noting no evidence had been presented regarding the impact on the AONB to justify the restriction. He concluded that the proposal would not adversely affect the living conditions of residents and also noted there was no condition limiting traffic movements for mineral extraction following the previous appeal. Déjà vu for LMM and the operator with a second successful appeal win on traffic movements at the same site.
15th January 2020 – © Land & Mineral Management
Castle Hill Quarry Non-determination Appeal
Despite pre-application discussions and detailed consultation from mid-2015 a January 2017 planning application for a small quarry extension failed to be determined and became a victim of the collapse of Somerset’s planning department. The only, but very unusual, route available to get planning permission was to appeal for non-determination. Devon County Council was seconded to act for Somerset. Their officers took a very pragmatic and helpful approach and the appeal was successful.
9th January 2020 – © Land & Mineral Management
Dix Pit, Oxfordshire Enforcement Appeal
Although we try to work with councils to avert formal enforcement action, unfortunately sometimes enforcement situations still arise. This was the position Sheehan’s found themselves back in December 2018. Oxfordshire County Council took a rigid enforcement approach with regards to a small discrepancy relating to the final landfill restoration contours and landscaping. After a long wait, the enforcement notice was quashed in October 2019 and in November 2019, the Council was ordered to pay Sheehan’s full costs for the appeal. An excellent result for Sheehan’s and LMM.
1st December 2019 – © Land & Mineral Management
Utilities Compound and Workshop Building Permission Secured
Another example of LMM’s diverse work range saw LMM obtaining full planning permission for a utilities compound and a new workshop building for Complete Utilities Limited in Gloucestershire this spring. LMM have worked with Complete Utilities for many years securing the original permission for a recycling operation at the site over ten years ago. The site now covers over 2 hectares and includes a stunning barn conversion providing office headquarters for the company. The company has grown considerably over recent years and its Gloucester site is the main operational base for over 200 staff. Securing a fit for purpose operating base with additional land and an appropriately size workshop building was critical to the company who had been looking for alternative sites for some years without success. The main issue for expansion at their existing site related to its location in open countryside however it is well located on the edge of Gloucester on the A417, largely hidden from views and not affected by any other policy constraints. As an existing established business Tewkesbury Borough Council supported the development and granted permission.
12th August 2019 – © Land & Mineral Management
We are delighted to announce Oli Laidler’s two recent celebrations. Firstly, after much hard work studying and completing various competencies, Oli has qualified as a Member of the Royal Institution of Chartered Surveyors. He is now a Chartered Mineral Surveyor and fully equipped to assist with our many and varied projects. In June Oli was married to Beth and we wish them every happiness for their future together.
We are also pleased to welcome Michael Duppa-Miller to the team. He will be involved in a full range of mineral surveying and planning projects and environmental work and hopes to also become a Chartered Surveyor.
12th August 2019 – © Land & Mineral Management
Increased Waste Recycling Production Won on Appeal.
LMM applied in August 2017, on behalf of Sheehan’s Haulage & Plant Hire Ltd, to extend the production restriction at their Oxfordshire recycling plant from 100,000 tpa to 175,000 tpa. The Site is well located in an industrial area of large and small businesses. No new plant was needed because sufficient capacity exists in the modern set-up. No new permission over any extra land was sought. The site is screened from houses, the nearest single dwelling being half a kilometre away. Due to the restriction some waste, which could not go going to the site, was being carried over 70 miles to alternative sites. The project’s sustainability and logical common sense was readily demonstrated and it complied with all planning policy. There is a need for the facility and 12 jobs would be created. Oxfordshire County Council refused permission in January 2018 on traffic grounds. The decision was reversed by the Planning Inspectorate and LMM’s appeal was allowed in December 2018 by the Inspector who concluded; “the increase in volume of material transported would not have a significant impact on the countryside”.
6th February 2019 – © Land & Mineral Management