The Appeal
The Planning Inspectors decision is to allow the Appeal – click to Appeal Decision document
We had expected that the appeal would be allowed, as permission existed from 2003, for mixed use development at the site.
Despite our inexperience we put forward a strong reasoned case, the case was based on restrictions should be made with regard to traffic and noise. We have not won the traffic argument, but did win the noise argument.
Traffic
Permission already existed for more traffic than is proposed for the DEW project, because of the earlier permission. See points 24, 25, 26 and 41 in particular in the decision
Planning inspectors comments –
“Despite the continued objection of local residents, the principle of the development has been established and my ability to impose further conditions is limited.”
“I do not consider that it would be reasonable to impose a condition regarding hours of deliveries, prior to the construction of the M18 link road – as this would go to heart of the matters already established by granting of permission for mixed use development.”
Will the link road ever be built?
Look at the decision with regard to fires in point no 32 and with regard to jobs in point no 34
Incinerator
Planning inspector -
“Although of concern to local residents, the energy plant forms no part of the reserved matters for consideration in this appeal”
We were not allowed to bring arguments about the incinerator into the inquiry.
Noise no’s 8 to 21
Residents paid for an expert to assist our arguments with regard to noise. It was proved that the method of calculation was not correct and that neighbouring residents would hear noise from lorries on the access road. The planning inspector has insisted that a noise barrier should be constructed along the length of the access road. The issue of noise at the site has now become even more important for the future.
A partial win for the RAID group, who continue to learn about how to deal with planning issues that affect our region. One important lesson learned is that by involving experts in some of these complex planning situations, residents can be equal to developers and their experts.
This will not be forgotten in the coming months, when it is anticipated that an application will be made for an incinerator, at the site.