Spooner Row Message Board

Send objections to

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3151794&CoID=0

This came through today from Norfolk CC 

Town and Country Planning Act 1990

Appeal by Newall Civil Engineering Limited

Site Address: Land at The Barn, Heron Farm, Besthorpe, Attleborough, Norfolk,

NR17 2LN

You may be aware that an Enforcement Notice was served on five parties with an interest

in Land at The Barn, Heron Farm, Besthorpe, Attleborough, Norfolk,

NR17 2LN. Newall Civil Engineering Limited have lodged an appeal to the Secretary of

State against the Enforcement Notice.

It appears to Norfolk County Council that without planning permission, the Land is being

used for the importing, exporting, depositing, storage, handling, processing and transfer of

Waste Category 1 and 2 material.

The reasons for issuing the notice are as follows:

1. It appears to the Council that the breach of planning control has occurred

within the last 10 years.

2. The Land is located in open countryside and the use of the Land for the

importing, exporting, depositing, storage, handling, processing and transfer of

Waste Category 1 and 2 impacts adversely on amenity and conflicts with the

following development plan policies: Norfolk Minerals and Waste Local

Development Framework (Adopted September 2011) CS6 (General waste

management considerations), CS7 (Recycling, composting, anaerobic

digestion and waste transfer stations), and DM12 (Amenity); Breckland Core

Strategy (adopted 2009), policy DC1: (Protection of Amenity).

3. The Land is a greenfield site and has not been allocated in the County

Council’s Waste Site Allocations DPD 2013. The site is therefore contrary to

Norfolk Minerals and Waste Development Framework Core Strategy Policy

CS6: General waste management considerations which requires wastes sites

to be developed on only the following types of land provided they would not

cause unacceptable environmental impacts:

a) land already in waste management use;

b) existing industrial/employment land or land identified for these uses in a

Local Plan or Development Plan document;

c) other previously developed land; and,

d) contaminated or derelict land.

4. Norfolk Minerals and Waste Development Framework Core Strategy Policy

DM12: Amenity states that development will only be permitted where the

scale, siting and design of a proposal is appropriate and that unacceptable

impacts to local amenity will not arise from operation of the facility. Norfolk

Minerals and Waste Development Framework Core Strategy Policy CS14:

Environmental Protection states development must ensure there are no

unacceptable adverse impacts to residential amenity. Breckland Core Strategy

policy DC1: Amenity seeks to prevent new development causing unacceptable

impact on local amenity. In this instance, the siting of the Land in the open

countryside near to residential property is considered unacceptable and the

proposal, which is retrospective in nature, has not been able to demonstrate

that unacceptable impact to local amenity has not / will not occur, and is

therefore contrary to these policies.

The proposal is therefore a departure from the Development Plan, however

the material considerations in favour of the application are not considered

strong enough to outweigh the harm that would be caused by permitting the

proposal including the adverse impact to the amenity of neighbouring

properties.

5. The site is being used for the importing, exporting, depositing, storage,

handling, processing and transfer of Waste Category 1 and 2 and its operation

is outside planning control and subject, in particular, to no control by condition;

and the Council considers that the actual and potential impacts of

development of this scale and nature are such that it should not remain

outside planning control.

An appeal has been lodged by Newall Civil Engineering Limited against the Enforcement

Notice on grounds (a), (b), (c), (f) and (g) set out at Section 174(2) of the Town and

Country Planning Act 1990 and listed below:

(a) That planning permission should be granted for what is alleged in the notice.

(b) That the breach of control alleged in the enforcement notice has not occurred as

a matter of fact.

(c) That there has not been a breach of planning control (for example because

permission has already been granted, or it is "permitted development").

(f) The steps required to comply with the requirements of the notice are excessive,

and lesser steps would overcome the objections.

(g) The time given to comply with the notice is too short.

The appeal will be determined by an Inspector appointed by the Secretary of State. If you

wish to make your views known in writing, you should send three copies wherever possible

no later than 29 July 2016, quoting reference APP/X2600/C/16/3151794 to:

Kate Parfrey, The Planning Inspectorate, Room 3/23, Temple Quay House, 2 The

Square, Bristol BS1 6PN.

Representations may be made online by following the link:

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3151794

If comments are submitted after the deadline, the Inspector will not normally look at them

and they will be returned. Any comments submitted will be disclosed to the parties to the

appeal unless the representations are withdrawn before the deadline. The Planning

Inspectorate will not acknowledge representations unless specifically asked to do so. All

letters received by the deadline will be passed on to the Inspector dealing with the appeal.

You can obtain a copy of the Planning Inspectorate’s guidance booklet on taking part in

enforcement appeals proceedings free of charge from us or on GOV.UK

https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-orenforcement-

appeal

You may look at the Appeal documents at County Hall by appointment. The contact officer

is Mike Adams, Tel: 01603 223973. The Planning Inspectors decision will be published

on GOV.UK.

Yours faithfully

M T Adams

for Planning Services Manager

Don't forget, there are less than two weeks to go if you want to put your objections forward.

Does anyone have any further information on this Enforcement Notice Appeal? It says on the website that the Decision Date is not yet decided. Newalls trucks are still in action and regularly go through the village despite not having permission for this operation.

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3151794

I see that Newalls lorries are now doing local work and removing the waste from The Ridings development in Station Road. When are they going to get a license?