Agenda item

Description of application – Variation of Condition 1 of planning permission ref. 10/00657/VAR (allowed at appeal under PINS ref. APP/G5180/A/11/2145860) to permit continued extraction of Thanet Sand until 31 March 2020 and restoration and re-contouring with inert waste until 14 January 2021, with associated access, buildings and structures to remain until 14 January 2021.

The Assistant Director, Planning summarised the report in a brief presentation to Committee as follows:

·  The application was made to extend the life of the quarry to allow sufficient time to complete the extraction and infilling.

·  The applicant had not responded to any communication from the Council since a site visit was made in September 2019, including requests for a progress update.

·  Officers fully appreciated local concerns about the quarry and the impact it had for many years on the area. In the first appeal decision in 1996, the Council raised concerns about the potential for a marginal, drawn-out operation.  In 2011, an appeal against refusal for the continuation of operations was lost, although the Council had been successful in winning appeals against the expansion of activities at the site such as the sale of materials.

·  Views regarding impacts were based on proposed timescales rather than any further extension. If granted permission, it was intended to take enforcement action following the expiry of the permission with the ultimate goal of the restoration of the site as envisaged.

·  The recommendation and conditions were pursuant to Counsel’s advice sought by Officers to inform an overall strategy for the site to achieve the goal of restoration.

·  The key point of the legal advice was that if the Council wished to enforce against the operation following the expiry of the permission, Officers were advised very strongly that this would be more likely to achieve the end goal of ensuring the site was restored by imposing a new set of conditions with the application rather than relying on less suitable conditions on the previous permission.

Taking the above into account, the application was recommended for permission, subject to detailed conditions. The Greater London Authority had confirmed it had no objection with the Council determining the application.

While Committee Member and Ward Member Councillor Bear would like to have seen the original conditions complied with, she moved that the application be permitted subject to the proposed conditions and informatives set out in the report, together with additional conditions and clarification as follows:-

·  No further extensions would be considered in regard to the deadlines listed in the application.

·  The Council would monitor the key dates and, if not complied with, enforcement action would be taken.

·  Full clearance and restoration of the site should be carried out by 14 January 2021.

·  Clarify point 14 by adding that restoration details should be agreed with the Council verifying that there had been no contamination of the land by the infill carried out within an agreed period. 

·  No processing should take place on site.

·  There shall be no access from Hockenden Lane which should be closed off to the Council’s satisfaction.

·  The site must be fully restored to Green Belt by 14 January 2021.

Councillor Fawthrop seconded the motion that the application be permitted and requested a condition be added to remove Permitted Development rights from the site.

Having considered the report, objections and representations, Members RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions and informatives set out in the report of the Assistant Director (Planning) with the addition of further conditions and amendments as set out above.