®Planning appeal decision
Land at Welbeck Landfill Site, Boundary Lane , Normanton, Wakefield, WF6 2JA
failure to comply with condition 1 of planning permission Ref: 18/00754/WAS granted on 14 September 2018
- Authority
- Wakefield Metropolitan District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Other Major Developments
- Inspector
- Whitfield J
Main issues, as the Inspector framed them
- Whether conditions 1, 3, 15, 16 and 23 of planning permission 2018/00754/WAS meet the tests of national policy in respect of the environmental effects of the extension of the period of operation and the revised proposals for the restoration of the landfill on, in particular, ecology, biodiversity and nature recovery, and the living conditions of local residents
- The environmental effects of alternative options for the closure of the landfill
- Whether the extension of the period of operation and revised proposals for restoration of the landfill comply with the development plan taken as a whole
What decided it
The absence of any realistic alternative means of completing and restoring the landfill without materially greater environmental and amenity harm than the appeal proposal.
Significant benefits from biodiversity improvement, delivery of public access/country park aspirations and sustainable waste management outweighed the limited harm from the temporal delay to restoration, tipping the balance in favour of granting permission on Appeal B.
Framework references: 201, 187, 57, 58
Plan policies cited: Policy SP23, Policy LP51, Policy LP52, Policy LP53, Policy LP56, Policy LP59, Policy SP16, Policy SP17, Policy SP18
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.