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Dismissed18 May 20233307793

Hawksworth Quarry, Odda Lane, Hawksworth, Leeds, LS20 8NZ

Planning appeal 3307793 at Hawksworth Quarry, Odda Lane, Hawksworth, Leeds, LS20 8NZ (Leeds City Council) was dismissed on 18 May 2023 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: Whether the proposed variation of condition 18 would fall within the scope of development approved under the original permission or would instead constitute a separate use not ancillary or incidental to the stone quarrying.

the Continuation of Existing Stone Quarrying and the Erection of Buildings without complying with a condition attached to planning permission Ref 28/96/93/FU, dated 26 January 1996

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
minerals-waste · Other Major Developments
Inspector
Wraight G
Postcode
LS20 8NZ

Main issues, as the Inspector framed them

  • Whether the proposed variation of condition 18 would fall within the scope of development approved under the original permission or would instead constitute a separate use not ancillary or incidental to the stone quarrying

What decided it

The proposed operation would constitute a separate mixed use extending beyond the scope of the original permission for stone quarrying, contrary to the Finney principle that section 73 applications cannot vary the operative part of the original permission.

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.

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