CALM! Latest - Appeal by Cairns
At a meeting of the Planning Committee on 21st December 2007 Cairn’s application to increase lorry movements at the Airfield site were turned down and in addition the Committee endorsed enforcement action on all breaches of planning control.
This means that: Cairns is restricted to 24 HGV movements per day and they do not have planning permission to use the trommel.
An initial appeal was rejected, but an amended appeal has now been lodged. The original refusal was for a revised layout of the site, retention of the trommel and an increase in the number of permitted vehicle movements from 24 (12 in and 12 out) to 84 per day (42 in and 42 out).
The Council’s reasons for refusal are summarised as follows:-
The applicant has failed to operate the site in the period since 16th January 2007 in accordance with the details set out in application 06/20008/AWD or in accordance with consent 02/02229/ACC. Paragraph 5.5.3 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016, states that an operator’s past record of compliance with planning control is a material consideration in the consideration of new development proposals. It is therefore considered that the applicant has failed to demonstrate a satisfactory past record of compliance with planning control and that planning permission should therefore be refused.
The proposed increase in vehicle movements would generate a significant additional level of disturbance to the amenity of local residents and other road users by way of noise, vibration and the additional number of traffic movements contrary to the provisions of policies TR1A, TR11 and policies 28 and 30 of the Buckinghamshire Minerals and Waste Local Plan 2004 – 2016.
The Appellant's latest grounds of appeal are:-
“Refusal of retention of trommel is going against all other waste policies and waste reduction strategies to deal with waste with a view to reducing waste going to landfill. Section19 & 39 of the development control committee report states that on the 16th January when the application was first considered committee agreed to support the proposal due to "The acute need for more recycling facilities, the fact that the site had an existing recycling use and was on an airfield with lawful commercial and industrial uses. The need for this facility has not decreased in fact due to the recent implementation of the landfill directive which requires all waste to be pretreated before any residue is sent to landfill the need for this site is now far more acute. The issue that as stated in 19 & 39 of the development control committee that caused all interest and objection to the previously recommended application has been the late amendment of additional daily vehicle movements. In light of this we are prepared to drop this contentious issue to enable the other elements of the application to presumably be able to return to a recommended status”.
If you would like to view the documents relating to this appeal you may do so at the Council’s Offices at County Hall, Aylesbury, Bucks HP20 1UA during normal opening hours but please telephone 01296 383638 in advance to arrange an appointment.
You are now invited to make any comments or express your views about the matter. Wherever possible you should send three copies of your comments to the Planning Inspectorate, 3/18 Eagle, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN and quoting reference number APP/P0430/A/08/2078339/NWF. Any comments you wish to make must be received by no later than 14th August 2008. You should be aware that your comments will be disclosed to the main parties to the appeal and may be read out at the an inquiry. If representations are submitted after the deadline they will not normally be seen by the Inspector and they will be returned to you.
Published: 11 July 2008