E

DEVELOPMENT CONTROL AND REGULATORY BOARD

12 TH OCTOBER 2006

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

LAFARGE AGGREGATES LTD. – CONSTRUCTION OF AN EXTENSION TO THE EXISTING TILE WORKS OPEN STORAGE AREA AND ASSOCIATED DRAINAGE AND LANDSCAPE WORKS – LAFARGE AGGREGATES TECHNICAL CENTRE, SHAWELL QUARRY, GIBBET LANE, SHAWELL ()

2006/0333/03 – 7 March 2006

Background

1. Lafarge Aggregates Ltd. has submitted an application to extend an existing open stock ground relating to the roof tile factory at Shawell Quarry in order to overcome a shortage of storage space at the adjacent concrete blockworks site. The proposed extension area forms part of an area previously quarried for boulder clay which has since been restored to grassland.

Location of Proposed Development

2. Shawell Quarry, operated by Lafarge Aggregates Ltd, is a sand and gravel quarry and landfill site located south of between the villages of Cotesbach and Shawell. The operations at the site include mineral extraction and a landfill operation to the north of Gibbet Lane, and a quarry processing plant, concrete block works, operational and restored silt lagoons and a roof tile factory to the south of Gibbet Lane. The is approximately 1200 metres east of the quarry, the 800 metres south and the A5 trunk road 200 metres to the south west. The line of the former Great Central Railway runs adjacent to the eastern boundary of the quarry and is located approximately 500 metres east of the application site.

3. The application site comprises part of an agricultural field, located south of the roof tile factory and north of the quarry silt lagoons, which has been restored to grassland following mineral extraction. To the east of the application site lies an area of restored quarry and landfill working, while the area to the west is agricultural pasture.

2 2006/0333/03 - continued

DC®. BOARD 12/10/2006

3 2006/0333/03 - continued

4. The application site measures 1.78 hectares and slopes slightly to the south, with an average gradient of 1:15. Its northern edge is marked by a small ditch and a gappy hedge. Beyond this lies the existing tile works storage area which comprises a concrete hardstanding draining to the ditch. The western boundary of the site is defined by a field hedgerow and a small ditch. Public Footpath X23 runs adjacent to the southern boundary, connecting the A5 trunk road to the south west of the site with other public footpaths near the line of the former Great Central Railway. The eastern boundary of the application site is unmarked, with the remaining part of the field which falls outside the planning application area stretching further to the east.

5. Along the northern boundary of the application site, a belt of trees was planted in February 2005, supported by funding from the “Forward with Aggregates Grants” (FLAG) scheme.

Planning History

6. Shawell Quarry has been in operation since the 1950s. The first planning permission for sand and gravel extraction dates back to January 1958. In the late 1970s, extraction operations took place on land near Hill Farm, to the west of the A426 Lutterworth Road. Since then, a number of planning permissions have been granted for mineral extraction, the erection of plant, landfilling of waste and other operational works. In 2004, the existing mineral extraction permissions were reviewed in accordance with the requirements introduced by the Environment Act 1995, and are now subject to an updated schedule of planning conditions.

7. Planning permission for the roof tile works adjacent to the application site was first granted in 1961. This permission was originally time-limited to 1975, but was renewed in 1970 with a new expiry date of 29 September 1990. Further permissions were subsequently granted for the expansion of the works with the same expiry date. In 1988, planning permission 1987/1036/03 was granted, extending the life of the tile works to 29 September 2020 or to a date one year after the permanent cessation of sand and gravel production at the adjacent quarry. This permission requires the restoration of the tile works site in accordance with a scheme to be submitted to the County Planning Authority. Such a scheme has not been submitted to date.

8. The application site itself forms part of an area which has been worked for boulder clay under planning permission 1989/0505/03. Following mineral extraction the site was restored to grassland. More recently, this area has been used for the temporary storage of soils during the construction of the new quarry silt lagoons to the south, which were constructed in 2004 under planning permission reference 2002/1376/03.

Description of Proposal

9. The applicant proposes to extend the existing roof tile factory stock ground southwards into the application site. Topsoils would be stripped from the area

DC®. BOARD 12/10/2006 4 2006/0333/03 - continued

affected and stored temporarily on the adjoining field, to the south of the proposed extension area. Following the stripping of topsoil, the area would be regraded to provide a suitable contiguous platform for materials storage. The platform would be constructed of concrete on a hardcore base over regraded fill, measuring approximately 135 by 55 metres. The hardstanding would be approximately 4 metres above the ground level of the remaining part of the field. Around the western, southern and eastern perimeter of the hardstanding, banks with a gradient of 1:3 would be constructed, with a toe drain running along the base of the banks. This would extend from the existing ditch along the northern site boundary and would discharge to an existing ditch which runs along the western boundary. The existing ditch running along the southern edge of the existing storage area would be filled in. The hardcore fill material to be used in the construction of the hardstanding would be sourced from recycled materials produced at the quarry/landfill site.

10. Following regrading works the soils would be placed over the remaining field and planting areas to provide an overall average topsoil depth of 35cm. The slopes around the western, southern and eastern side of the new hardstanding area would be planted with a mix of species comprising Field Maple, Hazel, Hawthorn, Ash, Holly, Blackthorn and Oak to provide visual screening of the extended stock ground.

Planning Policy

11. The Development Plan in this instance consists of the Regional Spatial Strategy for the (RSS8), the Leicestershire, Leicester and Rutland Structure Plan 1996-2016, the Harborough Local Plan 2001 and the Leicestershire Minerals Local Plan 1995.

12. Policy 37 of RSS8 sets regional priorities for non-energy minerals. Environment Policy 3 of the Leicestershire, Leicester and Rutland Structure Plan aims to maintain and enhance the wider ecological value of the environment. Resource Management Policy 5 of the Structure Plan presumes against development which would result in the loss of the best and most versatile agricultural land (Grades 1, 2 and 3A).

13. Policy EV/1 of the Harborough District Local Plan aims to safeguard or enhance the environment of the district.

14. Policy 2 (Assessment of Proposals) of the Leicestershire Minerals Local Plan is relevant to the determination of this application in respect of part (b) of the policy which states that:

"Proposals for buildings, plant and other forms of construction or engineering works will be assessed in the light of the following considerations:

the siting and visual appearance of the development including its height, scale and colour;

DC®. BOARD 12/10/2006 5 2006/0333/03 - continued

screening of the development;

the extent to which the development will contribute an improvement in the efficiency of mineral working;

the character of the surrounding area;

the design of the development and the anticipated generation of noise and dust and any other nuisance.”

15. Policy 5 of the Minerals Local Plan (Planning Conditions for the Protection of the Environment) sets out measures to control the environmental effects of mineral operations through the imposition of suitable planning conditions. Policy 11 (Restoration and Aftercare Conditions) sets out the matters in respect of which conditions will be imposed to ensure the satisfactory restoration of minerals sites.

Consultations

Harborough District Council - Planning

16. No objection.

Cotesbach Parish Council

17. Has no comments to make on this application.

Shawell Parish Meeting

18. The Parish Meeting understands that the original planning permissions for both the tile works and the Technical Centre are linked to the life of the mineral extraction and landfill operations and are thus time limited, and requests that the same conditions will apply to the proposed extension to the storage area.

19. The supporting statement to the application states that there would be no change in the consented levels of external traffic. If, as the Parish Meeting suspects, the levels of traffic are not clearly established already, the planning consent for this application should rectify the situation, and should also require Lafarge to maintain vehicle movement records for the tile works as they do for their other operations. Shawell Parish Meeting would wish to be consulted in the determination of appropriate traffic volumes if these now need to be established. Traffic volumes on Gibbet Lane are an important issue to Shawell electors.

Environment Agency

20. No objection subject to a condition requiring the submission of a scheme for the provision of surface water drainage works.

DC®. BOARD 12/10/2006 6 2006/0333/03 - continued

Assessment of Proposals

21. Operations at Shawell Quarry include, amongst other activities, a roof tile factory and a concrete blockworks. Both are situated adjacent to each other on the south side of Gibbet Lane. The roof tile factory complex occupies an L-shaped site which includes areas for the storage of finished products at its southern end, adjacent to the concrete blockworks factory.

22. The applicant company advises that there is currently insufficient space for open storage within the blockworks site to accommodate the range of products which have to be stored separately and safely and with sufficient manoeuvring space for storage, loading and dispatch. Potential extension sites are restricted to the processed mineral stockpiles area to the north and east and the tile works site to the south and west.

23. The applicant company has therefore identified a suitable location of approximately 0.71 hectares within the existing tile works open storage area, immediately south of the concrete blockworks site. In order for this area to be used for the storage of concrete products, a replacement stock area for the roof tile works would have to be available. The land south of the roof tile works has therefore been identified for this purpose and forms the application site.

24. Policy 2 of the Leicestershire Minerals Local Plan requires proposals for buildings, plant and other forms of construction or engineering works to be assessed in terms of the siting and visual appearance of the development including its height, scale and colour, the screening of the development, the extent to which the development will contribute an improvement to the efficiency of mineral working, the character of the surrounding area, and the design of the development and the anticipated generation of noise and dust and any other nuisance.

Siting and Visual Appearance

25. The nearest residential properties to the application site are a property known as Greenacres, which is located near the Gibbet Hill Roundabout where Gibbet Lane meets the A5 (approximately 620 metres north west of the application site) and a residential property adjacent to the Business Centre on the south side of the A5 (approximately 340 metres south of the site). The nearest properties in Shawell are approximately 900 metres east of the site, beyond a restored former part of the quarry workings and the route of the Great Central Railway. The application site is not visible from these locations due to the topography of the area and the existence of intervening vegetation. It is therefore considered that the proposal would have no visual impact on any of these properties.

26. Public Footpath X23 connects the A5 trunk road to the south west of the site with other public footpaths near the line of the former Great Central Railway. A 200m long section of the footpath runs adjacent to the application site. The visual impact of the proposal on users of Footpath X23 would be considerable because of the elevated position of the proposed stock ground extension in relation to the

DC®. BOARD 12/10/2006 7 2006/0333/03 - continued

southern part of the application site until such a time when the planting on the embankments has grown sufficiently to provide effective visual screening. Notwithstanding this, the visual impact extends to a comparatively short section of footpath and will have to be considered against the operational benefits resulting from the proposed development. In addition, the visual impact on the footpath could be mitigated by planting an additional hedgerow along the southern and eastern boundary of the application site.

Screening of the Development

27. The development proposals include screen planting consisting of a mixture of Field Maple, Hazel, Hawthorn, Ash, Holly, Blackthorn and Oak on the embankment around the base of the proposed extension area. In addition, a short section of hedgerow consisting of Field Maple, Hawthorn, Crab Apple and Blackthorn would be planted along the eastern edge of the proposed stock ground extension. The proposed mix of screen planting would be acceptable subject to minor amendments in terms of spacing and density of planting. Should planning permission be granted, it would be subject to a condition requiring the submission of a scheme for the management of the planting.

Removal of recently planted trees on the application site

28. The construction of the open storage area would require the removal of a belt of trees planted on the application site. These trees were planted in February 2005 with financial support from the “Forward with Leicestershire Aggregates Grants” (FLAG) scheme. FLAG is a direct result of the introduction of the Aggregates Levy on aggregate, sand and gravel and crushed rock quarried in the United Kingdom. Part of the Levy is being used to address the environmental cost of aggregate production and encourage the use of recycled materials.

29. The planning application states that the proposed screen planting on the banks around the extended storage area would replace the part of the tree belt which is to be removed prior to construction of the site, and also to provide a screen to the stock grounds.

30. One of the basic conditions for eligibility for FLAG funding is that the work to be funded must not be required either as part of a planning condition or a legal agreement associated with a planning permission. As the provision of screen planting around the stock grounds would be integral to the proposed development, landscaping works to be implemented on the banks around the storage area would not be eligible for FLAG funding and therefore would not be acceptable as replacement planting for the tree belt to be removed.

31. The trees removed to allow the construction of the area would therefore have to be replaced with additional planting elsewhere. If it is decided that the belt of trees would not be replaced, the grant money originally awarded for their planting would have to be reimbursed.

DC®. BOARD 12/10/2006 8 2006/0333/03 - continued

Improvement to the Efficiency of Mineral Working

32. The proposed development would have no impact on mineral working as such, but it would address the current problem of insufficient space being available at the concrete block works for the storage of finished products. The development would therefore result in operational improvements by providing additional storage space.

Character of the Surrounding Area

33. The surrounding area is of largely rural character, but the existing complex of mineral extraction, landfill, mineral processing, concrete and roof tile production operations are long established operations in this locality. Due to the nature of the proposal and its scale in relation to the adjacent development it is considered that the character of the surrounding area would not be adversely affected.

Noise, Dust and any other nuisance

34. Noise levels at the site may increase temporarily during the construction of the extended storage area, but any such impact is considered to be insignificant due to its temporary duration and the relatively remote location of the site.

35. The proposal would not give rise to significant environmental impacts. The use of the extended storage area would not result in increases in the levels of noise, dust or vehicle movements.

Traffic Levels

36. During the review of minerals permissions in 2004, a weekly limit was set for the number of vehicle movements resulting from mineral extraction and landfilling/recycling operations but excluding movements associated with the concrete products factory, the roof tile factory and the ready mixed concrete plant. At the time of the review, the operator submitted a breakdown of vehicle movements generated by the various activities at Shawell Quarry/Landfill and associated operations and advised that the continuation of operations would not result in changes to previous traffic levels. The operator is required to keep records of vehicle movements which can be made available to the Director of Community Services on request.

37. The planning permissions for the roof tile factory do not set a specific limit for vehicle movements. The running average of heavy goods vehicles at the roof tile factory is currently approximately 45 deliveries per day (i.e. 90 vehicle movements). This includes deliveries into the tile works factory (consisting of cement and other materials, but no sand, as this is transferred internally from the adjacent processing plant) and deliveries of the finished product leaving the factory. The applicant advises that levels of traffic generated by the roof tile works may vary from time to time and may include occasions with higher peak traffic volumes. Notwithstanding this, the proposed development in itself would not result in a change in current vehicle numbers or traffic volumes.

DC®. BOARD 12/10/2006 9 2006/0333/03 - continued

For this reason it is considered that a condition restricting vehicle movements, as requested by Shawell Parish Meeting, would not be appropriate in the circumstances.

Soil Resources

38. The site was surveyed in 2002 to assess agricultural land quality and soil resources. A soil survey report has been submitted with the planning application. The application site forms part of a larger area of subgrade 3b and grade 4 restored agricultural land resulting from previous mineral working. Soils on the site consist mainly of heavy clay loams. The proposal would therefore not result in a loss of Best and Most Versatile agricultural land.

Ecology

39. Whilst a large part of Shawell Quarry is of County level ecological significance and a Site of Importance for Nature Conservation (SINC/Wildlife), the application site falls outside the SINC site. Notwithstanding this, it is likely that there are protected species in the area. The applicant should maintain a strict watching brief for protected species as construction works progress. In the event of any protected species being discovered works must cease temporarily whilst expert advice is sought. This would allow mitigation measures for protected species to be put in place before works resume. Due to the proximity of the site to the habitats and species of ecological significance the applicant will be required to devise and implement a method of works to ensure the wildlife site is not damaged.

40. Any hedgerow to be removed should first be surveyed using criteria cited in the Hedgerow Regulations 1997. Any tree and scrub removal works should be carried out between the end of August and the beginning of February so as to take place outside the bird breeding season. Works to trees may be conducted within the bird breeding season provided the operator clearly demonstrates that there are no nesting birds present. Any replacement planting on the site should include the existing species. The replacement habitat should be greater than that being destroyed in order to compensate partly for the length of time that the original habitat took to establish.

Surface Water Treatment

41. As the surface water drainage characteristics of large hard-surfaced areas are different from those of undeveloped agricultural fields, the Environment Agency requests the submission for approval of a surface water drainage scheme. The scheme should include runoff calculations based on a 1 in 100 year storm event in order to ensure that the proposed ditch and culvert have sufficient capacity to accommodate the runoff from the storage area during heavy rainfall.

DC®. BOARD 12/10/2006 10 2006/0333/03 - continued

Conclusions

42. The proposal meets the requirements of Policy 2 of the Leicestershire Minerals Local Plan. The main impacts of the proposed development would be a visual impact on the users of Footpath X23 and a loss of natural habitat arising from the extension of the hard surfaced storage area. It is considered that the former would be acceptable due to the remote location of the site and the fact that the visual impact is restricted to a relatively short section of the footpath. The loss of natural habitat can be mitigated by the provision of additional landscaping. The belt of trees currently occupying part of the application site and which would be lost as a result of the development would have to be replaced by providing a like- for-like replacement elsewhere.

Recommendations

43. That planning permission be granted for the construction of an existing open stock ground relating to the roof tile factory at Shawell Quarry subject to the following planning conditions:

1. The development to which this permission relates shall commence no later than 3 years from the date of this permission.

2. This permission is limited to the period expiring on 29 September 2020 or on the date one year after the permanent cessation of operation of the roof tile works, whichever is the earlier. The use of the development hereby permitted shall cease on the day of the permanent cessation of operation of the roof tile works, following which the storage area shall be removed and the site restored in accordance with a scheme of clearance and restoration to be submitted to and approved by the Mineral Planning Authority pursuant to condition 11 of planning permission 2004/1605/03.

3. Unless otherwise required by conditions attached to this planning permission, the development hereby permitted shall be carried out in accordance with the details contained in planning application reference 2006/0333/03 dated 25 January 2006 and accompanied by the supporting statement dated 2 March 2006.

4. Screen and hedgerow planting works shall be carried out in accordance with the details contained on drawing no. 1629/5A dated January 2006 and submitted with the planning application, subject to the following amendments:

i) Screen planting shall be planted on a 1.5m x 1.5m grid; ii) Hedgerow plants shall be planted in a double staggered row 1.0m wide at 300mm centres (6 plants per metre); iii) Hedgerow trees of oak and ash, planted as 2.5m – 3m feathered trees, shall be incorporated into the hedgerow at randomly spaced centres equal to 1no. tree per 25m; iv) A hedgerow, details of which shall first be agreed with the Director of Community Services, shall be planted along the southern boundary of the application site.

DC®. BOARD 12/10/2006 11 2006/0333/03 - continued

5. No development hereby permitted shall take place until a programme for the maintenance of landscaping works has been submitted for approval by the Director of Community Services. Any trees, shrubs and hedges planted or retained within the site or along the site boundaries shall be protected and maintained in accordance with the submitted scheme throughout the duration of the development hereby permitted. Such maintenance shall include the replacement of any plant that may die or be seriously damaged or become seriously diseased, with plants of similar species during next available planting season to the satisfaction of the Director of Community Services.

6. No hedgerows shall be removed until they have first been surveyed in accordance with the criteria of the Hedgerow Regulations 1997. No hedgerows shall be removed during the bird nesting season (March to August inclusive) without the prior written approval of the Director of Community Services.

7. No tree works shall be carried out on the site during the bird breeding season (March to August inclusive) unless any trees affected by the development have been checked for the presence of nesting birds and other protected species. No works shall be carried out to trees in which nesting birds or other protected species are present.

8. No development hereby permitted shall take place until details of temporary soil stockpiles, including details of their exact locations, dimensions and heights, have been submitted to the Director of Community Services for approval.

9. No plant or vehicles shall cross any area of unstripped topsoil or subsoil except where such trafficking is essential and unavoidable for purposes of undertaking permitted operations.

10. Topsoil, subsoil and soil making material shall only be stripped when they are in a dry and friable condition. No movement of soil shall occur:

a) when the soil has a moisture content which is equal to or greater than that at which the soil becomes plastic, tested in accordance with the “Worm Test” as set out in BS 1377:1975 - British Standard Methods Test for Soils for Civil Engineering Purposes; or

b) when there are pools of water on the soil surface.

11. All topsoil and subsoil shall be permanently retained on site and used in restoration. No topsoil, subsoil or overburden shall be exported from the application site.

12. No development hereby permitted shall take place until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Director of Community Services. Such a scheme shall include details of the dimensions of the proposed ditch and culvert and shall be implemented as approved.

DC®. BOARD 12/10/2006 12 2006/0333/03 - continued

Reasons

1. In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended).

2. For the avoidance of doubt, to ensure the development is carried out in a satisfactory manner, and to provide for the restoration of the site within an agreed timescale. (Leicestershire Minerals Local Plan Policy 11)

3&8. For the avoidance of doubt, and to ensure the development is carried out in a satisfactory manner. (Leicestershire Minerals Local Plan Policy 5)

4&5. In the interests of the visual amenity of the area. (Leicestershire Minerals Local Plan Policy 5)

6&7. In the interests of local amenity and to prevent any harm or disturbance being caused to protected species as a result of the development. (Leicestershire Minerals Local Plan Policy 5)

9. In the interests of satisfactory restoration of the site, and to prevent damage to soils by avoiding movement whilst soils are wet or excessively moist and as such do not meet the defined criteria. (Leicestershire Minerals Local Plan Policies 5 and 11)

10. To avoid damage to the soils caused by their movement when wet. (Leicestershire Minerals Local Plan Policy 11)

11. To aid the final restoration of the site. (Leicestershire Minerals Local Plan Policy 11)

12. To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal. (Leicestershire Minerals Local Plan Policy 5)

Informatives

Trees planted under the FLAG (Forward with Leicestershire Aggregates Grants) scheme – The belt of trees on the application site was planted using grant money from the FLAG scheme. Grant funding under this scheme is subject to a number of conditions, including the requirement to maintain the planted trees for a period of 10 years. Furthermore, the work must not be required either as part of a condition of planning permission or as a legal agreement associated with a planning permission. This means that any screen planting proposed as part of a planning application would not count towards the replacement of the removed trees.

Toe drain around the proposed extension to the storage area – The dimensions of the ditch and culvert should be adequate to accommodate the surface water generated by a 1 in 100 year storm event.

DC®. BOARD 12/10/2006 13 2006/0333/03 - continued

Culverting of watercourses – The Environment Agency advises that any culverting of a watercourse requires the prior written approval of the Agency under the terms of the Land Drainage Act 1991 or the Water Resources Act 1991. The Agency resists culverting on conservation and other grounds, and consent for such works will not normally be granted except for access crossings.

Land Drainage Consent – The applicant should contact the Environment Agency to discuss the requirement for a Land Drainage Consent in connection with the proposed development.

Soil Handling – All soil handling operations should be carried out having regard to the Defra “Good Practice Guide for Handling Soils”.

Policies and Proposals in the Development Plan Relevant to the Decision

Leicestershire Minerals Local Plan Review 1995: Policy 2 - Assessment of Proposals Policy 5 – Planning Conditions for the Protection of the Environment Policy 11 – Restoration and Aftercare Conditions

Background Papers

Planning application 2006/0333/03 Application for the Determination of Conditions for a Minerals Site, reference 2004/1605/03.

Circulation Under Sensitive Issues Procedures

Mr G. A. Hart, CC

Officers to Contact

Mr. G. Urban (Tel. 0116 265 6756) E-Mail: [email protected] ______

DC®. BOARD 12/10/2006 14

DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Property will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984.

You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

DC®. BOARD 12/10/2006