Tuesday, 17 March 2015


1. The Barnwell Manor Court of Appeal judgement continues to have major planning ramifications:

Following the Court of Appeal judgement in the Barnwell Manor case there is a need to give considerable importance and weight to the desirability of preserving the setting of a listed building when carrying out the planning balance. Less than substantial harm does not equate to a less than substantial planning objection... 
There is then no presumptive starting point in favour of this proposal. Because of the acknowledged harm to relevant assets (listed buildings) the approach as explained by the Court of Appeal in Barnwell and subsequently by Lindblom J in Forge Field applies so that there is a strong statutory presumption against permission being granted. 
The inspector failed to give reasons demonstrating that he had given considerable weight to the harm to the setting of each of the listed buildings that he found would be harmed to some extent by the proposed development.
the council had failed in its duty to have "special regard" to the desirability of preserving the setting of listed buildings
2. Ecotricity was denied permission for two wind turbines due to the increased risk to low flying aircraft:

3. A shortage of minerals is not by itself enough to outweigh environmental considerations, this case in Scotland concludes:

In relation to the need for minerals, the reporter conceded in his report that there was not an identified landbank of permitted quarries within the area that could meet the identified need for sand and gravel over the next ten years. Nevertheless, he concluded that the scheme’s benefits did not outweigh the significant adverse landscape and visual effects.
4. Climate change and biodiversity are important, writes Pat Ward, CEO, Aggregate Industries - just not important enough to shape the company's plans for Straitgate Farm and Woodbury Common:

5. Moving goalposts again... in this case, an approved quarry restoration scheme was varied to allow the importation of 686,000 cubic metres of inert waste:

6. In a communication received last week: "This is quite contrary to what we were told at the last Blackhill/Venn Ottery Liaison Meeting in September when we were told that Blackhill would be closing."

7. Wouldn't AI make more money going in to the Iron Age roundhouse hospitality business??

Nick Smith