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Dismissed31 October 20223295006

Aggregate Industries Uk Ltd, Chard Junction Quarry, South Chard, Chard, TA20 4QS

Planning appeal 3295006 at Aggregate Industries Uk Ltd, Chard Junction Quarry, South Chard, Chard, TA20 4QS (Dorset) was dismissed on 31 October 2022 by Inspector Woolcock J, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

temporary planning permission for an extension to Chard Junction Quarry at Westford Park Farm for the winning and working of approximately 930,000 tonnes of sand and gravel with progressive restoration to agriculture and nature conservation, inclusive of a new internal haul road and the retention of the existing mineral processing facilities and silt lagoons for a period of seven years

Authority
Dorset
Appeal type
other · Planning Appeal
Procedure
Inquiry
Development
minerals-waste · Mineral working
Inspector
Woolcock J
Postcode
TA20 4QS

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area.
  • The effect of the proposed development on highway safety.
  • The effect of the proposed development on the residential amenity of nearby occupiers by reason of noise and dust.
  • The effect of the proposed development on biodiversity.
  • The need for the development having regard to any national considerations and the impact on the local economy.
  • The scope for and cost of meeting the need for the development in some other way.
  • The extent to which any detrimental effect on the environment, the landscape and recreational opportunities could be moderated.
  • Whether there are exceptional circumstances for major development in the AONB, and whether the development would be in the public interest.

What decided it

The great weight required to conserve and enhance the landscape and scenic beauty of the AONB, combined with the failure to demonstrate exceptional circumstances or public interest under NPPF paragraph 177, outweighed the benefits of mineral extraction.

the great weight given to conserving and enhancing landscape and scenic beauty in the AONB outweighed the great weight attributable to the benefits of mineral extraction, including to the economy, and the biodiversity benefits of the appeal scheme, with potential harm from silt press noise tipping the balance further against the proposal

What the Inspector cited

Development plan policies
MS14 Policy DM4MS14 Policy DM8MS14 Policy DM2MS14 Policy DM3MS14 Policy DM1 g.MS14 Policy DM5MS14 Policy RS1MS14 Policy SS2MS14 Policy AS1MSP19 Policy MS-1MSP19 Policy MS-2AONBMP Policy C4aAONBMP Policy C4cAONBMP Policy C2fAONBMP Policy C1a
National Planning Policy Framework
Paragraph 174Paragraph 176Paragraph 177Paragraph 188Paragraph 210Paragraph 211
Judgments
Compton PC v Guildford BC [2019] EWHC 3242 (Admin); SSCLG and Wealden DC [2017] EWCA Civ 39

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.