The decision of HM Planning Inspectorate has been announced today (Monday 5 March 2018)
The appeal is dismissed and planning permission is refused for a surface coal mining scheme with restoration to agriculture with nature conservation benefits.
You can read the full report from H.M. Planning Inspectorate here.
Once we have had a chance consider the Inspectors report in detail we will provide more information.
It has been a long 6 year battle but well worth it.
Only 5 days to go until the Public Inquiry
Continue reading Less than a week to go
We have today submitted our response to the raft of new documents that Provectus sent into the Planning Inspectorate in September (see previous post).
Click here to read our comments which Derbyshire County Council will pass on to the Planning Inspector.
Don’t forget you can leave a comment by using the Have your say page.
At today’s Regulatory Planning Committee members voted unanimously to accept the Planning Officers report and it’s recommendation to refuse Planning permission.
There was also a vote on the Head of Plannings recommendation for a full public enquiry for the appeal to be heard by HM Planning Inspectorate. This was also passed unanimously.
It was noted that, although Provectus attended the meeting, they chose not to speak in support of their application.
We must now wait for HM Planning Inspectorate to announce the date and format of the Planning appeal.
We’ll let you know as soon as we find out anything.
The Report of the Strategic Director – Economy, Transport and Communities was published on the Derbyshire County Council website this morning.
[Click here to read the full report]
We have had a quick read through it and make the following comments:
- The report strongly recommends REFUSAL of planning permission
- Most of the objections raised by Hilltop Action Group and local residents are upheld by the Strategic Director’s report.
- The report will be presented to the Regulatory Planning Committee at 10am on Friday 17 March 2017 in the Council Chamber, County Hall, Matlock.
- The following extracts from the report explain what will now happen:
Purpose of Report (Page 2)
To enable the Committee, on behalf of the County Council as Mineral Planning Authority (MPA), to express a view concerning the application, which may be referred to in submissions for the appeal application which the applicant has made under Section 78 of the Town and Country Planning Act 1990 against non-determination of the application.
Appeal Submission (Page 8)
In December 2016, the applicant, on the basis that the application had not been determined within the time allowed for under regulations, made an appeal submission to the Planning Inspectorate with a statement of case and supporting documents.
In a subsequent letter on behalf of the Council to the Inspectorate, the Inspectorate was asked to consider whether any appeal should proceed, since officers believed that, as a consequence of its October 2016 request for further information and Regulation 22, the Council at the time of the submission was unable to reach a determination of the application. However, a message of 3 March 2017 from the Inspectorate has indicated that the applicant does have a right to appeal at this time.
Consequently the the committee will not be making a final decision at this meeting. This will be determined by HM Planning Inspectorate at some future date.