Planning appeal decision
Covers Quarry, Westerham , Kent, TN16 2ER
the stabilisation and restoration of Covers Farm Quarry using imported engineering materials to restore the site to grassland, including landscape planting and an ecological receptor area together with a temporary road and ancillary buildings
- Authority
- Kent County Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- minerals-waste · Other Major Developments
- Inspector
- Normington S
Main issues, as the Inspector framed them
- The relevance of the extant planning permission and alternatives.
- The need for the proposed development to resolve stability issues with particular regard to hydrological and geotechnical considerations.
- The effect of the proposed development on the character and appearance of the site and surrounding area.
- The need for inert waste management in the County and whether the amount of inert waste proposed to be imported is justified and available to achieve the restoration objectives of the appeal site.
- The effect on the openness of the Green Belt and whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and relevant development plan policies.
- Whether the effects of the proposed development on highway safety and the efficient operation of the highway network, the effect of noise on sensitive receptors and the effect on heritage assets or other matters weigh in the planning balance.
- The planning balance with particular regard to whether the proposal is inappropriate development within the Green Belt and whether it would constitute sustainable development.
What decided it
The compelling and undisputed evidence of land instability and inadequate drainage at the former quarry, which could only be resolved by the proposed importation of engineering fill to achieve a stable, restored landform.
The substantial benefits of resolving land stability and drainage problems, restoring the landscape within the National Landscape, eliminating public safety risks from the North Lake, and providing continued inert waste disposal capacity outweighed the negligible less-than-substantial heritage harm to Court Lodge and other minor adverse effects, tipping the balance in favour of allowing the appeal.
Framework references: 11, 57, 102, 116, 143, 154, 155, 215, 224
Plan policies cited: Policy CSW 1, Policy CSW 2, Policy CSW 11, Policy DM 2, Policy DM 4, Policy DM 5, Policy DM 10, Policy DM 11, Policy DM 13, Policy DM 18, Policy DM 19, Policy DM 20
Judgments cited: R (Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3; Europa Oil and Gas Ltd. v Secretary of State for Communities and Local Government [2013] EWHC 2643 (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.
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