2017/0911/FUL: Application for alternative diversion of Empingham Road, Ketton, to facilitate quarry development permitted under planning permission FUL/2007/0150/CC.

2017/0913/FUL: Application for variation of conditions 5 (Approved Plans), 9 (Stockpiles), 10 (Phasing Details), 44 (Habitat Management Scheme) and 49 (Restoration and Aftercare Scheme) as set out, and incorporated in, permission ref.no. FUL/2007/0150/CC (Variation of conditions 9, 10, 11, and 12 of planning permission FUL/2000/0192/CC in respect of changes to phased extraction and restoration works).

(Wards: Ketton and Normanton; Parishes: Edith Weston, Ketton, Normanton and North Luffenham)

Speaking on behalf of Edith Weston Parish Council, Mr Appleby addressed the Committee speaking against the recommendation for approval.  Responding to a question regarding the statement that under Condition 1, Castle Cement were to notify the Mineral Planning Authority within 7 days of commencement of the permitted development Mr Appleby confirmed that it was the belief of the Parish Council, as far as was known, that this had not happened.  Responding to further questions Mr Appleby reiterated the Parish Council’s view that the Mineral’s Planning Guidance 2 allowed for a local authority to grant a longer period of time should work in advance of mineral working be required or for the operator to request an extension of time and that neither of these were done.

Speaking on behalf of Normanton Parish Meeting, Mr Renner addressed the Committee speaking against the recommendation for approval.  Responding to questions from Committee Mr Renner confirmed that Normanton Parish Meeting believed the current road layout to be safer and that he appreciated that although meetings had taken place there were firm plans at present for St George’s Barracks at Edith Weston; Normanton Parish Meeting was not against quarrying but wished to see it done within the Conditions; the Parish believed that the limits were not being abided by and had continuously raised concerns since 2007.

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Legal Officer advised that the issues surrounding the extant permission were a legal issue.  Members had no jurisdiction to discuss legal issues.  Legal issues were a matter for Judicial Review.

Legal Officer confirmed that the current application was valid and the Committee could proceed to determine.

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The agent, Mr Briggs, addressed the Committee.  Responding to questions from Committee Mr Briggs confirmed that he believed the earlier permitted plan was extant and that at the Stopping-Up Inquiry in 2016 the Inspector had been clear that the permitted plan was extant.  Mr Briggs advised that the application had not been submitted at an earlier date as Castle Cement would have been left with a scheme that was compliant at that time but would have needed to be amended to bring up to date; the alternative alignment was based on alignments submitted by objectors at the Inquiry.  Decisions made in 2002 and 2007 allowed for a single permanent diversion to the North; the Inspector had suggested that there was some merit in the design in this application, the objectors preferred scheme.  Ultimately, the decision would be made by the Inspector at the Public Inquiry in May 2018.

Miss Waller and Mr Bool spoke as Ward Members in support of the concerns raised.

Mr Conde spoke as Ward Member for Ketton, advising that Ketton Parish Council was in favour of the recommendation.

RESOLVED

2017/0911/FUL and 2017/0913/FUL In accordance with the recommendations set out within Report No. 10/2018 Item 1, and the addendum to that report, that the applications be APPROVED.

(7 in favour)