Land of Finnington Lane, Hoghton, Chorley, PR5 0SP

without planning permission, the winning and working of minerals and their exportation off-site

Authority: Lancashire County Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: minerals-waste · Mineral working
Inspector: Russell J

Main issues, as the Inspector framed them

Whether the winning, working and exportation of minerals constitutes a breach of planning control
Whether the requirements of the enforcement notice are excessive to remedy the breach
Whether the periods specified in the notice for compliance fall short of what should reasonably be allowed

What decided it

The EIA Direction by the Secretary of State removed the permitted development right, establishing a breach of planning control; the requirements to restore the land were not excessive but the original compliance periods were unreasonably short given the volume of materials and need for careful restoration work.

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