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Notice varied and upheld21 June 20243306835

The Land Situate and Known As Land at Unit 1, Pastures Road, Mexborough, S64 0JJ

Planning appeal 3306835 at The Land Situate and Known As Land at Unit 1, Pastures Road, Mexborough, S64 0JJ (Doncaster Metropolitan Borough Council) was allowed in part (a split decision) on 21 June 2024 by Inspector Whitfield J, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the living conditions of nearby residents with particular regard to noise and vibration, and dust.

Material change of use from B8 to a sui generis mixed use for the processing and recycling of concrete, bricks, rubble and soils into sellable by-product to provide recycled aggregates, and civil engineering operations use, with ancillary construction materials storage

Authority
Doncaster Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
minerals-waste · Major general industry/storage/warehousing
Inspector
Whitfield J
Postcode
S64 0JJ

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of nearby residents with particular regard to noise and vibration, and dust
  • the effect of the development on the character and appearance of the area

What decided it

The harm to the living conditions of nearby residents from noise and vibration associated with the mixed use outweighed the benefits and was the prevailing consideration.

the significant weight afforded to the economic and employment benefits of the use did not outweigh the substantial weight given to the harm to living conditions from noise and vibration

What the Inspector cited

Development plan policies
Policy 46Policy 42
National Planning Policy Framework
Paragraph 135
Judgments
Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel v SSE & Brent LBC [1987] JPL 630; Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467

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.