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

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

Authority: Leeds City Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: minerals-waste · Other Major Developments
Inspector: Wraight G

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.

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