The case involved an appeal challenge by Creagh Concrete against the attachment of a condition, to the grant of planning permission for a sand and gravel site, which required the Company to enter a financial bond regarding restoration.
The Company considered the condition to be unreasonable with no justification provided by the Planning Authority to impose such an onerous requirement, particularly as the sand pit had been operational since 1984 and the permission, as granted, provided a holistic restoration concept for the first time in the site’s history.
Key Appeal Arguments:
- Legislative: No prevailing legislation which permits imposition of this type of condition;
- Policy: LDP and Extant Policy Documents reference requirement for this type of condition;
- Guidance: Council failed to consider guidance on Financial Agreements and Mineral Developments;
- Equity: The Council acted unreasonably and unfairly;
- Proficiency: The Council does not have the capacity nor the administrative framework to discharge the condition
Quarryplan Involvement:
- Exploration and exhibition of Grounds of Appeal;
- Testing of ‘appeal grounds’ against prevailing Legislation, Policy and Guidance;
- Instructing Senior Counsel (QC);
- Lodging the Appeal;
- Production of Statement of Case and Rebuttal Statements
- Preparation of Appeal Hearing Notes
- Attendance: Planning Consultant/Expert Witness at Appeal Hearing
- Post decision debrief and client advice.
Outcome:
All five appeal arguments upheld by the Planning Appeals Commission. Condition was withdrawn from the permission saving the Client time and costs of up to £1/2million in restoration bonds and unnecessary undertakings.
