An appeal against the respondent’s exercise of their discretion under s 60(3) of the Planning Act 2016 to refuse the appellant’s development application to re-start and materially increase the scale and intensity of an extractive. Issues considered by the court included whether the development application should be refused for traffic safety reasons, whether the proposed haul route would have unacceptable impacts on character and amenity, whether there was a town planning and community need and whether the requirement to clear approximately 15 hectares of vegetation to carry out the material change of use warranted refusal. The appeal was dismissed and the respondent’s decision to refuse the development application was confirmed.
John Ware appeared (with B Job QC) on behalf of the appellant, instructed by Corrs Chambers Westgarth.
The judgment is published here.
