Appeals

Applicants are able to appeal to the Secretary of State for Communities and Local Government under Section 78 of the Town and Country Planning Act 1990 against the decision or the conditions attached to a planning permission within 6 months of the date of the decision.

The Planning Inspectorate handle appeals employing independent Inspectors, who act on behalf of the Secretary of State. 

To assist any person with an interest in an appeal, the Planning Inspectorate has produced two guidance notes:

 'A Brief Guide to Planning Hearings' and

 'A Brief Guide for Planning Inquiries' 

The Planning Inspectorate also issue the following advice with their notification letters and decision notices (the advice will vary according to the type of appeal):

 Arrangements for the appeal
 Guidelines for Appeal Statements and Proofs of Evidence 
 Statement of Common Ground Proforma 
 Setting Inquiry Dates
 Challenging the Decision
 Complaints Procedures following an appeal decision 

To make it easier to access appeal information the Planning Inspectorate have introduced the Planning Casework Service - an on-line system available via the National Planning Portal to make appeals and to comment on or track the progress of appeals.

For general appeal guidance click here

To make an appeal (general public users) click here (professional users) click here

To search for an appeal using the Planning Casework Service click here

  Appeals List - updated 13 August 2008 - contains details of minerals and waste applications determined by Staffordshire County Council that have been the subject of an appeal / are currently the subject of an appeal. The list dates back to 1998. You can also search the Applications Register using the application number for more information. Additional appeal information and documentation is provided below. Our electronic records of appeals are being updated so contact us for more information about any appeal. Please go to the Key Contacts page.

The most recent appeals appear first in the list below.

Yew Tree Coal Co. Ltd, Old Landywood Lane, Essington: (retrospective application for skip hire and waste transfer station - inappropriate development in the Green Belt and unacceptable impact on local residents by virtue of noise, visual impact and litter)

Applications Register record click here

 Planning Committee Report (8 May 2008)
 Minutes of the Planning Committe meeting (8 May 2008)
 Decision Notice (9 May 2008) (reasons for refusal)
 Appeal notification letter from the Planning Inspectorate (4 July 2008) Staffordshire County Council's appeal questionnaire (18 July 2008)
 Rule 6 Statement of Case (submitted 15 August 2008)

The Public Inquiry is due to open at 10 am on 16 December 2008 and is expected to last for 2 days. The venue will be Essington Community Centre, Hobnock Road, Essington WV11 2RF.

For link to Google Maps location click here

 

Unit 15b Felspar Road, Amington Industrial Estate, Tamworth: (materials recycling facility - unacceptable impact of noise and traffic on nearby residential areas)

Applications Register record click here

 Planning Committee Report (16 August 2007)
 Minutes of the Planning Committee meeting (16 August 2007)
 Decision Notice - 23 August 2007 (reasons for refusal)
 Appeal notification letter from the Planning Inspectorate (23 November 2007) 
 Further letter from the Planning Inspectorate (PINS)(4 December 2007)
 Rule 6 Statement of Case (submitted 8 January 2008)
 Draft Conditions (corrected submission 15 January 2008)
 Appellant's Statement of Case
 Letter to neighbours and consultees - notice of the inquiry (29 April 2008)
 Notice of the inquiry (referred to in the above letter)
 Appeal site - location plan (referred to in the above letter)
 Note concerning the highways objection to the proposal (referred to in the above letter)

 Statement of Common Ground
 Statement of Common Ground - Appendix 1
 Statement of Common Ground - Appendix 2
 Statement of Common Ground - Appendix 3
 Proof of Evidence of David Bridgwood (Wardell Armstrong) for Staffordshire County Council (appendices referred to are available separately upon request)
 Proof of Evidence of Piers Gough (Wardell Armstrong) for Staffordshire County Council
 Proof of Evidence of Janet Hodson on behalf of the appellant
 Proof of Evidence of Sean Sullivan (Acoustic Associates) for the appellant
 Noise report to accompany proof of evidence of Sean Sullivan (Acoustic Associates) for the appellant
 Supplementary Evidence of Sean Sullivan (Acoustic Associates) for the appellant - explanation of noise assessment methodology
 Supplementary Evidence of Sean Sullivan (Acoustic Associates) for the appellant - noise mitigation measures
 Supplementary Evidence of Piers Gough (Wardell Armstrong) for Staffordshire County Council
 Statement of Common Ground - Noise 3 July 2008
 Further Supplementary Evidence of Sean Sullivan - noise mitigation
 Further Supplementatry Evidence of Sean Sullivan - Line of Sight (Rev A)-A2 layout drawing
 Further Supplementary Evidence of Sean Sullivan - noise calculations
 Further Supplementary Evidence of Janet Hodson - letter dated 15 June 2008 Aldi Stores to WM Briers

 Inspector's Report (13 August 2008) - appeal allowed

 Inspector's decision on Staffordshire County Council's claim for costs -  the application failed
 

Please note: 

The public inquiry opened on 3 June 2008 and adjourned on 4 June 2008.  The inquiry resumed on 22 July 2008 at The Coton Centre, Comberford Road, Tamworth B79 9AA (tel. 01827 60789) and closed the same day.  A decision is now awaited

The Inspector was Janice Chance BSC DIPTP MRTPI

Any further evidence was made available at Glascote Library, Tamworth, Staffordshire County Council's offices at Riverway, Stafford and on this web page.

 

Land adjacent to Alfa Aggregates, Kingsley Brickworks, Kingsley: (open windrow composting proposal in the Green Belt)

Applications Register record click here

 Decision Notice (10 May 2007) (reasons for refusal)
 Appeal notification letter from Planning Inspectorate (14 August 2007)
 Appeal questionnaire (22 August 2007)
 SCC's Written Representations prepared by Wardell Armstrong (24 September 2007) - appendices referred to are available upon request  Inspector's Report (29 November 2007) - appeal allowed  Inspector's Schedule of Conditions (29 November 2007)

 

Building No. 3 Bramshall Industrial Estate: (change of use of farm building to waste transfer station and skip hire business in open countryside)

Applications Register record click here

 Appeal notification letter from Planning Inspectorate (5 June 2007)  Appeal questionnaire (8 June 2007)
 SCC's Written Representations (11 July 2007)
 SCC's Further Written Representations (31 July 2007)
 Inspector's Report (13 September 2007) - appeal dismissed

 

Wyrley Grove: (appeal against conditions for landfill extension)

Applications Register record click here

 General Information - Wyrley Grove
SCC's Statement of Case (29 April 2005) - the appendices referred to are available separately on request

Note: The informal hearing was due to take place on 17 January 2006
Appeal withdrawn by appellant on 5 January 2006

 

Dunstall Pool (2): (proposal for waste recycling in the Green Belt)

SCC's Written Representations (24 October 2005)
The Inspector's Report (6 December 2005) - appeal dismissed

Applications Register record click here

 

Captain's Barn Farm: (sand and gravel extraction proposal)

Applications Register record click here

 Captain's Barn Farm - general information - updated 24 February 2006 SCC's Statement of Case - Captain's Barn Farm:
SCC Proof of Evidence - Green Belt and Appendix (SCC Proof of Evidence - Green Belt)
SCC Proof of Evidence - Need and Prematurity and Appendix - SCC Proof of Evidence - Need and Prematurity
SCC Proof of Evidence - Landscape
SCC Proof of Evidence - Geology and alternative sources of supply
Planning conditions prepared by SCC and agreed with the applicant in the event that the appeal is upheld.

S.106 legal agreements prepared in the event that the appeal was upheld

Agreement 1 - the legal agreement signed 4 August 2005.
Agreement 2 - the arrangements to secure the restoration guarantee bond with the bank signed 19 October 2005.

 First Secretary of State's letter (8 February 2006) and Inspector's conclusions - appeal allowed - subject to conditions and legal agreement

 

Clough Lane: (landfill on agricultural land proposal)

Applications Register record click here

SCC Statement of Case - Clough Lane and Appendices - Clough Lane The Inspector's Report (11 March 2003) - appeal dismissed

 

Cressford Farm: (expansion to green waste composting operations)

Applications Register record click here

SCC Statement of Case - Cressford Farm
The Inspector's Report (7 November 2002) - appeal dismissed

 

Highdown Quarry, Sugar Loaf Lane: (landfill enforcement notice appeal)

SCC Statement of Case - Highdown Quarry, Sugar Loaf Lane
The Inspector's Report (26 September 2002) - enforcement appeal dismissed

 

Dunstall Pool (1): (waste recycling in the Green Belt)

SCC Written Representations - Dunstall Pool
Inspector's Report (30 January 2002) - enforcement appeal dismissed

 

Three Nooks Farm, Horton: (proposed natural gas drilling / pipeline construction)

Applications Register record click here

 The Inspector's Report (20 September 2000) - appeal dismissed

 

Stratagas: (coal-bed gasification proposals)

Applications Register record click here

General Information - Stratagas - the Inquiry commenced on 29 January 2002 (update 22/11/02)
SCC Statement of Case - Stratagas
 SCC Proofs of Evidence - Stratagas
Inquiry Programme
Closing Submissions (1)
Closing Submissions (2)
 First Secretary of State's Decision Letter (19 November 2002) and Inspector's Conclusions - appeal dismissed

See 'General Information' above for details about the Inspector's Report

Last Modified: 10/10/2008 08:24:06
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