TOWN-PLANNING.CO.UK

S73 Application to Remove Planning Condition No.7 from Planning Permission 3/15/02039/CMM - The excavation of two stock ponds, construction of a central bank in Bridge Lake through importation of inert materials and associated bank improvement works on Chestnut Lake to improve the habitat and promote sport development in the community and rural area

Muskham Lakes, Great North Road, South Muskham, Newark RECEIVED

Applicant: Laffey's Ltd NCC 28/12/2016

PLANNING SUPPORTING STATEMENT

December 2016

South View, 16 Hounsfield Way, Sutton on Trent, Newark, , NG23 6PX Tel: 01636 822528; Mobile 07521 731789; Email: [email protected] Managing Director – Anthony Northcote, HNCert LA(P), Dip TP, PgDip URP, MA, FGS, ICIOB, MInstLM, MCMI, MRTPI TOWN-PLANNING.CO.UK is a trading name of Anthony Northcote Planning Ltd, Company Registered in & Wales (6979909) Website: www.town-planning.co.uk

TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

This planning statement has been produced by TOWN-PLANNING.CO.UK on the basis of the national planning policy and local planning policy position applicable at the date of production. The policy interpretation it concludes are therefore only applicable at the date of production and will potentially vary as time progresses as a consequence of frequent national and local policy changes. It has also been produced to respond to this individual planning proposal and the conclusions it reaches are based only upon the planning application information the LPA has made available on its website, other published information and information provided to the company by the client and/or their representatives.

The author of this report is: Anthony Bryan Northcote, Managing Director of TOWN-PLANNING.CO.UK. He holds a Higher National Certificate in Land Administration (Planning) with Distinction; Diploma with Distinction in Town Planning; Post-Graduate Diploma with Distinction in Urban and Regional Planning together with a Master of Arts Degree in Urban and Regional Planning. He was elected to the Royal Town Planning Institute in 1996 and now has over 26 years planning experience within the public and private sectors involving a full range of planning issues. In addition he is also a Member of the Institute of Leadership and Management; a Member of the Chartered Institute of Management; a Member of the Town and Country Planning Association; a Member of the Environmental Law Association; a Fellow of the Geological Society; and an Incorporate of the Chartered Institute of Building.

© TOWN-PLANNING.CO.UK RECEIVED

December 2016 NCC 28/12/2016

Applicant: Laffey’s Ltd

Landowner: Nottingham Piscatorial Society

Interested Party: The Newark Waste and Water Improvement Scheme

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

Planning Condition No.7 from Planning Permission 3/15/02039/CMM

Planning permission was granted on the 19th January 2016 to Nottingham Piscatorial Society for the excavation of two stock ponds, construction of a central bank in Bridge Lake through importation of inert materials and associated bank improvement works on Chestnut Lake to improve the habitat and promote sport development in the community and rural area.

The only work carried out under the consent so far has been on the re-contouring work around Chestnut Lake and to create the stock ponds. Nothing has been done to date regarding the construction of the central bank in Bridge Lake through the importation of inert materials.

Planning Condition No.7 attached to the consent states: “HGV movements 7. No HGVs importing materials shall be permitted to enter the site except between the months of March to August inclusive.”

This application is to remove planning condition No.7 in its entirety to allow the importation of inert materials from the Newark Waste and Water Improvement Project construction activities.

RECEIVED The Newark Waste and Water Improvement Project

Severn Trent Water has commenced a major project to undertake replacement of sewers across Newark. NCC 28/12/2016 This scheme involves more than 20 kilometres of old pipes being replaced with new, larger ones, over the next three to four years. The scheme will be using specialised tunnelling machinery to replace the sewers. The tunnels, which are large enough to drive a transit van through them, will reduce the number of roads it has to dig up to install the sewers. (http://www.stw.works/NewarkSTW)

The work, which has recently commenced, includes a 2.8 metre diameter tunnel from Crankley Point sewage treatment works to the southern end of Millgate and a 1.5 metre diameter tunnel under Queens Road and Sleaford Road.

Severn Trent has appointed the BNM Alliance to carry out the £60million project. The BNM Alliance comprising NMCNomenca and Barhale plc will deliver the project. NMCNomenca, a division of North Midland Construction plc have asked our clients, Laffey’s Ltd, to undertake the transportation and disposal of some of the excavated material. Our clients are also undertaking other work on the project including recycling of material in other locations in and around Newark.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

RECEIVED NCC 28/12/2016

© Atkins Ltd – Plan Accompanying 15/SCR/00007 - Request for screening opinion for Newark Sewers Strategy Project (comprising the construction of a 3km new transfer sewer between Millgate/Farndon Road and Crankley Point STW using tunnelling techniques; upgrading of 11.6km of existing sewers using traditional

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham open cut/trench techniques; and associated works at Crankley Point STW). Site at Transfer Sewer from Millgate/Farndon Road to Sewage Works, Quibells Lane, Newark on Trent, Nottinghamshire, NG24 2ED.

Atkins Ltd on behalf of Severn Trent Water submitted a revised EIA Screening Opinion request to Nottinghamshire County Council on the 14th May 2015. A negative screening decision was issued by the County Council on the 7th October 2015.

The Newark Sewer scheme according to the specification produced by Atkins, will involve the upgrade of 11.6km of sewers across Newark, the sewer upsizing will take place within the public highway. This upsizing will utilise traditional open cut/trench construction replacing existing sewers, sometimes at increased depths. This element of work is described as taking place over a 3 to 4 year period, working on 10 to 15m lengths at a time in 2 or 3 locations around the town at any one time.

A new 3km transfer sewer will also be constructed using trenchless construction, i.e. tunnelling along a route of Castlegate and Northgate to Crankley Point Sewerage Treatment Works via Quibells Lane. This aspect will involve a 20m diameter, 25m deep pumping shaft and a further 7 shaft access points (of between 4m and 10m in diameter) to allow tunnelling access. This tunnelling is described as going to take place on a continuous 24 hour period over an anticipated 1 year duration.

RECEIVED The Newark Sewer Scheme project involves four main elements, with progress to date as follows: NCC 28/12/2016 Eton Avenue- Newark South (0%)

Queen's Road (0%)

Quibells Lane- Newark North (10%)

East of Newark (0%)

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

During the tunnelling and trench digging there will be waste arising from spoil removal. NMCNomenca have asked our clients Laffey’s Ltd to transport, dispose, recycle and process this material. The Newark Sewer Strategy is vital to the growth and development of the Town. It will reduce the current impact of flooding to properties in Newark, it will remove the restrictions on future development growth arising from an ageing sewer network and will realise an improvement in waste water quality discharged into the .

The Destination of Waste Arisings

Where possible the excavated tunnel material will undergo processing and recycling which includes crushing and screening activities, some of that material will be re-used in the laying of the new sewers. The material will fall within the definition of non-hazardous inert waste. Following recycling some material will not be suitable for re-use on the Newark project or other schemes and needs to undergo disposal. This material is presently having to go to landfill, although at this stage this has involved only very limited tonnages of material. Progress and timing of the actual sewer scheme will dictate this as a supporting activity.

Rather than take the remaining inert material to landfill, our clients in collaboration with the Nottingham Piscatorial Society would like to utilise the material at Muskham Lakes for the construction of the central bank in Bridge Lake.

RECEIVED We understand that the tunnelling will result in material being temporarily deposited at tunnel exits around the streets of Newark. From those locations our clients will then collect the material for recycling where appropriate or for re-use or disposal. The Newark Sewer Project is currently working 7 days per week, Atkins NCC 28/12/2016 Ltd estimate the stockpiles for the tunnelling and shaft works will involve between 250m3 and 500m3 of material remaining in the Newark Sewer Scheme holding areas.

BNM Alliance propose to undertake environmental control works including:  Vehicle sheeting;  Hard standing at access and egress points to prevent deposition of mud onto the highway;  Vehicle wash at Crankley Point; and  Road Sweepers

At the screening stage in 2015 Atkins Ltd had identified the site a landfill site at Balderton as a potential location for disposal of material which cannot be recycled. However landfill availability means that any material to be disposed of may need to be transported to a number of landfill sites across the sub-region.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

The principles underlying the Newark Sewer Scheme with regard to waste arisings is to: 1. MINIMISE the generation of materials 2. REUSE AND/OR RECYCLE materials for the Newark Sewer Scheme 3. REUSE AND/OR RECYCLE materials for use on other projects 4. DISPOSE of at licensed landfill sites

The Site

The fishing lakes are located beside the A616 Great North Road between Newark and South Muskham and are a legacy from historical sand and gravel extraction. The area is characterised by extensive lakes and washlands alongside the River Trent corridor and by the landmark British Sugar factory complex on the outskirts of Newark. Covering an area of over 40 hectares there are four principal lakes, which are named by the Piscatorial Society as; Rainbow Lake; Kingfisher Lake; Bridge Lake; and Chestnut Lake. Previously these were a single large lake which was subdivided by the Piscatorial Society in a project undertaken in 2002/2003 with planning permission granted by District Council.

These lakes are bounded by the A616 Great North Road to the west, the East Coast Main Line to the east, the River Trent (northern branch) to the south, whilst there are arable fields to the north around South Muskham village. The village is 200m at its closest point, where the Great North Road joins with the A616 at RECEIVED a mini-roundabout. To the south of Muskham Bridge there are two residential properties beside the River Trent, Bridge House and Bridge Cottage, these being the closest residents to the proposed works. To the south towards Newark the road passes over the Smeatons Arches which are Grade II Listed, past a NCC 28/12/2016 camping/caravan park (Smeaton Lakes) and the British Sugar factory complex. The A616 then joins with the A46 Newark bypass at the Cattle Market roundabout. A combined footway and cycle path runs alongside the road.

The site is accessed off the A616 via two gateways. The principal entrance is at the north-western corner of the site and is a high standard road junction with generous visibility splays in each direction. If approaching from the south, there is a right-turn filter lane into the site. A secondary gateway is located at the halfway point between the main gate and Muskham Bridge. Access for the proposed development will be via the principal main entrance. There is a network of internal trackways around the lakes including an access road from the main gate. A single small building is present at the end of the access road. There are no public rights of way or open public access to the lakes.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

The Approved Site Plan

RECEIVED NCC 28/12/2016

Aerial View of Site

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

Bridge Lake

RECEIVED NCC 28/12/2016

The Access

The Planning Condition

We understand from The Nottingham Piscatorial Society that Condition No.7 came about following an on- site meeting with local parish councillors from South Muskham and a later meeting with the NCC planning manager, Joel Rawlinson. We understand that the local councillors said they would not object if the tipping

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham lorries didn’t increase the volume of traffic already in use during the Sugar Factory campaign period which generally runs from September - February.

The committee report for Planning Permission 3/15/02039/CMM summarises the relevant planning consultations as follows: “South Muskham - Little Carlton Parish Council - No objection Raises no objection subject to controls being in place with regards to waste/earth movements, such as avoiding the peak Sugar Beet season; queuing not allowed on the road and the provision of wheel wash facilities before lorries exit from the site.

NCC (Highways) - No objection It is estimated that 34,000 cubic metres of fill material will need to be transported to the site using 20t lorries. This equates to about 80 trips per day over a 14.5 week construction period (40 arrivals/40 departures). The access to the site offers a right turn facility and good visibility. Given the short period of activity and the routeing of lorries on an ‘A’ class road network, it is considered that no objection be raised to this application, subject to a condition preventing associated HGVs from using Kelham Lane, Trent Lane and/or Ollerton Road as a route through to the A617 at Kelham.”

Proposed Removal of the Planning Condition RECEIVED

The Newark Waste and Water Improvement Project is of strategic importance to the growth and prosperity of Newark. The project is looking to utilise the waste arisings in the most sustainable methods as local as NCC 28/12/2016 possible to the town.

In this case it is considered that utilising the residual inert waste in an already approved scheme at Muskham Lakes is a more sustainable option than sending material to landfill. The proposal would support the sustainable management of waste in accordance with the waste hierarchy in Policy WCS3 of the Nottinghamshire and Nottingham Waste Core Strategy.

At the time of the original application the source of material was not known, however the Council identified that haulage distances generally influence the contract price and so such material could be expected to come from local construction projects within Nottinghamshire or . Sourcing materials from the Newark Waste and Water Improvement Project is considered to be the closest source of material possible which will minimise overall movement miles as sought by Waste Core Strategy Policy WCS11.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

The road distances involved are:  From the Ossington Roundabout (centre of the tunnel) to Muskham Lakes – 2.9km via the A616  From the junction of Millgate and Farndon Road (south of the tunnel) to Muskham Lakes – 3.8km via Castlegate and the A616  From the junction of Millgate and Farndon Road (south of the tunnel) to Muskham Lakes – 6.0km via Farndon Road, the Newark Bypass and the A616  From the Crankley Point STW (north of the tunnel) to Muskham Lakes – 6.7km via Lincoln Road, the Newark Bypass and the A616  From the Crankley Point STW (north of the tunnel) to Muskham Lakes – 7.9km via Lincoln Road, the A1, the B6325 and the A616

RECEIVED NCC 28/12/2016

All of the waste arisings will come from within a 5 Kilometre ‘crow flies’ circle from the site entrance

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

The Planning Condition seeking to avoid lorry movements during the sugar beet campaign was not imposed at the request the Highway Authority. Therefore it is not required on road safety or transportation grounds. The Piscatorial Society discussed the timing of the works and proposed to start once the busiest part of the sugar beet campaign at the nearby British Sugar factory is over. This was to try and address local concerns of South Muskham Parish Council. However now that a potential source of inert material has been identified, the restrictions imposed by Condition No.7 prevent the effective use of the site to take the inert materials from the Newark Sewer Scheme.

The Waste Local Plan Policy W3.14 states that planning permission will not be granted for a ‘waste management facility’ where the generated vehicle movements cannot be satisfactorily accommodated on the highway network or would cause unacceptable disturbance to local communities. Policy W3.15 states that in granting such permission, conditions requiring driver routeing instructions may be required.

The Waste Core Strategy Policy WCS11 (Sustainable Transport) states that waste management proposals should seek to maximise alternatives to road transport and seek to make best use of the existing transport network as well as minimising distances travelled. Policy WCS13 also seeks to protect the quality of life of nearby occupiers and the environment in general and can include impacts from transport.

National policy in paragraph 33 of the NPPF states that development should only be prevented or refused on RECEIVED transport grounds where the residual cumulative impacts are considered ‘severe’.

NCC 28/12/2016 Planning Permission 3/15/02039/CMM restricts lorry movements to “No more than 40 HGVs importing materials shall be permitted to enter into the site per day (80 two-way movements).” The likely movement of lorries per day relating to use of inert materials from the Newark Sewer Scheme would only be in the region of 25 HGV movements per day. The preferred route would out of Newark along the A616 directly to the site, the alternative if required would be the A1 North out of Newark and back along the B6325 and the A616 to the site.

In the Committee report for application 3/15/02039/CMM the County Council identified that: “The Highways Authority collate traffic figures for this part of the A616 and traffic levels do vary during the year and have markedly increased in recent years following the dualling of the A46. When comparing total traffic (all types) verses heavy goods traffic (articulated class 5 HGVs) there is a distinct difference to be noted. The overall picture has been a steady and marked increase in the overall numbers of vehicles using the A616 month by month, possibly due to the route offering alternative access to the A1 at . Fridays are noted to be the busiest day. HGV traffic on the other hand is significantly higher in the winter months- in some cases 12

TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham double the recorded numbers when compared to midsummer and a large part of this seasonal traffic is likely to be connected to the nearby British Sugar factory and its seasonal sugar beet campaign, as evidenced by a statistically significant jump in HGV traffic from August to September when the annual campaign begins, before returning to ‘normal’ levels from April. This is illustrated in the figure below.”

The predicted 25 HGVs (50 movements) would represent a 7.23% increase in June (the lowest month for HGV RECEIVED movements) and a 3.63% increase in November (the highest month for HGV movements). Over the winter sugar beet period the predicted HGV movements would equate to only the following: NCC 28/12/2016 September – a 4.52% increase in HGV count October – a 3.81% increase in HGV count November – a 3.63% increase in HGV count December – a 3.70% increase in HGV count January – a 4.43% increase in HGV count February – a 4.49% increase in HGV count

High levels of HGV traffic can have a perceived negative impact on rural communities and the addition of a further haulage campaign associated with undertaking these works, coinciding with the winter sugar beet campaign, was considered by the County Council as having the potential to lead to amenity concerns for local residents at South Muskham.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

However the origin of inert material is now known, given the inter-relationship between the origin and the destination the overall ‘waste miles’ will be minimised and the direct routing from Newark north along the A616 past the Sugar Factory to the site is the most likely to be utilised.

This routing would involve HGVs passing a minimum number of residential properties in South Muskham along the A616, namely just Bridge House and Bridge Cottage on Great North Road. Within the parish of Newark HGVs would pass a small number of residential properties including Lindholme on Great North Road; and Parkevale on Kelham Lane.

The inert waste arisings from the Newark Sewer Scheme are not subject to any routing restrictions and as such could be taken along the A616 and the B6325 through South Muskham to reach the A1. The current landfill sites in Nottinghamshire are at Arnold; South of Newark; Retford; and Worksop. There is only one significant landfill site for inert construction and demolition waste, at Mansfield Woodhouse. In addition Lincolnshire currently has some spare landfill capacity.

If the inert material were to be taken to Retford or Worksop the HGV routing would be likely to utilise the A616 and the B6325 through South Muskham to reach the A1. If material were to be taken to the specific landfill site for inert construction and demolition waste, at Mansfield Woodhouse the HGV routing would be likely to utilise the A616 to Ollerton and the A6075 to reach Mansfield Woodhouse. If material were to go to RECEIVED South of Newark, Arnold or Lincolnshire then the routing would be along the A46 or A1 as appropriate.

NCC 28/12/2016 As such HGV movements to take the inert waste to Muskham Lakes cannot automatically be viewed as resulting in additional movements along the A616 to South Muskham.

In a separate application, currently awaiting validation, we are seeking to undertake processing and recycling of the construction material on a temporary site at Newark Showground (west of Drove Lane, Coddington). This would again minimise waste miles and would result in those HGV movements being routed via the A46/A1/A17 junction. This would be an alternative to utilising the permanent aggregates recycling facilities at Retford, Worksop and Mansfield Woodhouse. If material went to any of those permanent facilities the HGVs would need to utilise the A616 and the B6325 through South Muskham to reach the A1.

The Development Plan

The following Development Plan policies are relevant: Nottinghamshire and Nottingham Waste Core Strategy Policy WCS1 - Presumption in favour of sustainable development 14

TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

Policy WCS2 Waste awareness, prevention and re-use Policy WCS11 Sustainable Transport Policy WCS13 Protecting and enhancing our environment

Nottinghamshire and Nottingham Waste Local Plan Policy W3.14 Policy W3.15

When an application is made for planning permission, the LPA shall have regard to the provisions of the development plan, so far as material to the application, any local finance considerations, so far as material to the application, and to any other material considerations (s70(2) Town and Country Planning Act 1990 (TCPA 1990)).

This point is reinforced by s38(6) Planning and Compulsory Purchase Act 2004 (PCPA), which states if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.

Although s38 (6) PCPA 2004 imposes a duty on the LPA to determine the application in accordance with the RECEIVED plan, it also has to have regard to any other material considerations. Material considerations are those land

use planning matters relevant to the particular decision and include, for example, national policy guidance. NCC 28/12/2016

Planning Considerations

The temporary use proposed is unique being tied explicitly to the Newark Sewer Scheme, the application scheme involves excavated material from a major infrastructure project. The recycling and reuse of such materials is supported in principle by National and Local Planning Policy.

Policy WCS1 on the Presumption in favour of sustainable development requires the Council to take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. As such working proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. The strategic importance of the Newark Waste and Water Improvement Project to the economic growth and prosperity of Newark is highly relevant here.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

Policy WCS2 Waste awareness, prevention and re-use is relevant as disposal of the inert waste at Muskham Lakes will prevent the material being taken to landfill. It will also minimise waste miles as sought under Policy WCS11 Sustainable Transport.

The site has already been judged to be an appropriate location for the deposit of inert materials under Policy WCS5 Disposal sites for hazardous, non-hazardous and inert waste; and Policy WCS7 - General Site Criteria. Given the juxtaposition between Muskham Lakes and the origin of the inert materials in the centre of Newark will not result in a significant increase in HGV movements such that an unacceptable impact would arise on the quality of life of those living or working nearby. The relatively limited HGV movements will not result in an unacceptable cumulative impact as set out in Policy WCS13 Protecting and enhancing our environment. There were no highway objections to the use of the site on a year round basis and as such the seasonal restriction is not considered justified.

The use of the classified road network (A616) for the proposed haulage operation is not considered to raise any adverse amenity issues to local residents, given the prevailing volumes of traffic and the purposes of such a network to serve the County and beyond. In accordance with WLP Policy W3.14 and Policy WCS13 it is considered that there is adequate accommodation on the classified road network to serve the proposed haulage operation, without leading to unacceptable detriment or disturbance to local communities.

RECEIVED Paragraph 206 of the National Planning Policy Framework states “Planning conditions should only be imposed

where they are: NCC 28/12/2016 1. necessary; 2. relevant to planning; 3. relevant to the development to be permitted; 4. enforceable; 5. precise and; 6. reasonable in all other respects.” The policy requirement above is referred to in this guidance as the six tests.

The condition is not considered to meet the tests of being necessary; relevant to the development permitted; and reasonableness. A condition must not be imposed unless there is a definite planning reason for it, i.e. it is needed to make the development acceptable in planning terms. Given the lack of objection from the Highway Authority the restriction to avoid the sugar beet campaign is considered not to meet the test of being necessary.

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TOWN-PLANNING.CO.UK Muskham Lakes, South Muskham

Advice in Planning Practice Guidance clearly identifies that: “A condition cannot be imposed in order to remedy a pre-existing problem or issue not created by the proposed development.” In this case the issue and motivation appears to be concern regarding the increase in HGV movements associated with the seasonal sugar beet campaign. This is a pre-existing issue which a condition should not seek to penalise the development at Muskham Lakes. The condition therefore fails the test of being relevant to the development to be permitted.

Advice in Planning Practice Guidance also clearly identifies that Conditions which place unjustifiable and disproportionate burdens on an applicant will fail the test of reasonableness. The condition restricts HGV movements at Muskham Lakes to only 6 months in any year is considered to be wholly disproportionate and unreasonable given the modest numbers of HGV movements involved.

Taking account of all the above considerations we consider that consent should be granted to remove planning condition No.7 from Planning Permission 3/15/02039/CMM. NCC RECEIVED 28/12/2016

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