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Dismissed23 March 20223287972

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

Planning appeal 3287972 at Eldon Quarry, Eldon, Old Eldon, County Durham, DL14 8EA (Durham County Council) was dismissed on 23 March 2022 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
DL14 8EA

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.

What the Inspector cited

Development plan policies
County Durham Minerals Local Plan (December 2000) Policy M36County Durham Minerals Local Plan (December 2000) Policy M43County Durham Minerals Local Plan (December 2000) Policy M35County Durham Minerals Local Plan (December 2000) Policy M29

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.