Eldon Quarry, Eldon, Old Eldon, County Durham, DL14 8EA

extension to existing brickshale quarry to continue supply of brick making materials to Eldon Brickworks, Eldon Quarry, Bishop Auckland without complying with conditions attached to planning permission Ref 7/2007/0524CM, dated 5 December 2008

Authority: Durham County Council
Appeal type: other · Planning Appeal
Procedure: Written Representations
Development: minerals-waste · Mineral working
Inspector: Wraight G

Main issues, as the Inspector framed them

Whether an application under section 73 of the Town and Country Planning Act 1990 to vary conditions 10, 13 and 24 can be used to obtain a permission that would conflict with the operative description of development in the original 2008 permission

What decided it

The proposed variations would conflict with the operative description of development in the original 2008 permission by allowing brick making materials to be exported to locations other than Eldon Brickworks, which is prohibited under the Finney principle.

Plan policies cited: County Durham Minerals Local Plan (December 2000) Policy M36, County Durham Minerals Local Plan (December 2000) Policy M43, County Durham Minerals Local Plan (December 2000) Policy M35, County Durham Minerals Local Plan (December 2000) Policy M29

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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