Enforcement notice served on pit heap site owner

I received confirmation this morning from the planning department that an enforcement notice has been served on the owner/applicant of the former pit heap in Hesleden. However, I'm not at all clear about why the notice had been issued against a breach of planning conditions attached to the DM/19/02315/VOCMW application, and not the planning application that was refused by the planning committee on Monday 11 September. Either way, the applicant has been told to cease extraction of limestone, sand and combustible material from the land. I understand however that this will be subject to the applicant’s right to appeal.

I've asked the planners to explain why they’ve chosen to go down this route when we’d been led to believe that any enforcement notice would apply to the planning committee’s decision reached three weeks ago to refuse the latest application (DM/22/00010/MIN). I'll update with more information as soon as I receive it. In the meantime I've reproduced below the enforcement notice issued yesterday, including full implications:

A planning Enforcement Notice has been issued by DCC today, 25 September 2023, in respect of breach of conditions on planning permission DM/19/02315/VOCMW.

The Notice will take effect on 27 October 2023.  There is a legal requirement that the date it is effective from must be at least 28 days from the date the notice was issued.  A few extra days are added for delivery via the postal service.

The Notice requires the recipient to:

1.    Permanently cease the extraction of limestone, sand and combustible material from the Land and in accordance with Condition 4 of Planning Permission DM/19/02315/VOCMW.  The time for compliance is within one day from the date on which the notice takes effect.

2.    Submit the restoration and aftercare schemes for the Land in accordance with Condition 3 of Planning Permission DM/19/02315/VOCMW.  The time for compliance is within 3 months from the date on which the notice takes effect.

The Notice will be posted via Royal Mail to those parties with an interest in

the land. These being:

• B&S RECYCLING LIMITED
• DRS LAND REGENERATION LTD
• Haven Power Limited

 The Notice has also been emailed today to:

• The planning agent
• The leasehold owner/site operator. 

Operations can continue at the applicant’s risk at the site until the Enforcement Notice comes into effect on 27 October 2023.  However, prior to the Notice coming into effect those served have the right of appeal to the Planning Inspectorate.  If an appeal is made then this has the effect of suspending the Notice and operations could continue until the appeal is determined.

The applicant also has the right of appeal against the refusal of planning permission on 11 September 2023.  The time period for making an appeal is 6 months.

It may be the case that the applicant submits appeals in respect of the Enforcement Notice and refusal of planning permission and these are heard at the same time by the Planning Inspectorate.  Should appeals be made then again operations can continue at the applicant’s risk until determination by the Planning Inspectorate.

With regard to vehicle movements,  Planning Permission No. DM/19/02315/VOCMW permits 44 (22 in and 22 out) per operational day Monday to Friday and 22 (11 in and 11 out) on Saturdays.  The refused planning application proposed 20 (10 in and 10 out) per operational day Monday to Friday and 4 (2 in and 2 out) on Saturdays.  It is likely that the operator would continue to work up to the higher number of vehicle movements.

There has been a query regarding Footpath No.24 (Monk Hesleden Parish).  This footpath is subject to a Temporary Closure Order and the Secretary of State has given approval for a further 6 month period of closure.