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It’s official – the council planning refusal notice

8th February 2017 by stopveoliainlincoln Leave a Comment

The planning authority has now issued the official confirmation of the refusal of Veolia’s planning application. Read the full document (in pdf format). We have reproduced below the particulars of the decision.

Part II – Particulars of decision
The Lincolnshire County Council hereby give notice in pursuance of the provisions of the Town and Country Planning Act 1990 that permission has been refused for the carrying out of the development referred to in Part I hereof for the following reasons:-

The proposed development represents a sustainable waste management practice and is acceptable in terms of its broad location. However, given the applicant’s proposed continued and dual use of the site difficulties could arise in terms of differentiating between the hours of operation and activities associated with one use and that of another. The imposition of a planning condition in order to restrict the hours of operation for the waste transfer use would not be sufficiently precise and enforceable and the applicant has refused to enter into a Planning Obligation in order to restrict the hours of operation for the whole site. Without the ability to impose a planning condition or secure a Planning Obligation, it would not be possible to control the hours of operation associated with the waste transfer operations and therefore these could potentially be carried out 24 hours a day. As the potential noise impacts arising from that use (in combination with the existing permitted use) during the evening and night-time hours have not been assessed, then the proposals have not demonstrated that they could be carried without having an unacceptable impact on the amenity of nearby residents.

The Waste Planning Authority contends that the benefits of the proposed development are considered to be outweighed by the potential impacts of evening and night-time noise on sensitive receptors of acknowledged importance. Therefore planning permission is refused for failure to comply with the aims and objectives of the National Planning Policy Framework and Policies DM1 and DM3 of the Lincolnshire Minerals & Waste Local Plan: Core Strategy & Development Management Policies (June 2016) and would conflict with Policies 34, 67A and 104 of the City of Lincoln Local Plan 1998 and Policy LP26 of the emerging Central Lincolnshire Local Plan.

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An information portal about the proposed Veolia Waste Transfer facility, Lincoln.

Update: In January 2018 Veolia abandoned their appeal against planning refusal. As part of this withdrawal process StopVeolia (& LLRA) were awarded costs against Veolia, due to their unreasonable behaviour. We are hopeful that Veolia have realised that the activity they proposed is inappropriate in our community. LLRA hold a legal defence fund of circa £12,000 in the event that Veolia re-apply.

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