Boro Farm Appeal

Update; 27.03.24

Boro Farm – Further update

 We refer to the report dated 16 February about the appeal hearing held on the 13 and 14 February 2024.

 As reported the hearing was adjourned until 25/26 March 2024 to complete the hearing and conduct a site visit by the Inspector.

 The resumed hearing was held at Ickleton village hall.

 By way of reminder the hearing before the Inspector was to hear the appeal of two decisions by Essex County Council:         

 The refusal by ECC to grant planning permission for change of use to allow a recycling aggregate facility, and

  • Enforcement Notice – where the existing recycling aggregate facility amounted to an ‘Unauthorised Development.

Attending the hearing were largely the same parties as the first hearing in February plus additional residents from both Great Chesterford and Ickleton (who spoke when invited by the Inspector).

The hearing on the 25 March covered the main outstanding issues: 

  • Statement of Common Ground and list of Issues of Disagreement between the parties.

  • Noise

  • Conditions

  • Terms of shut down of the site and renovation of the site if the appeal fails and Enforcement takes place. 

Statement of Common Ground and list of Issues of Disagreement between the parties – this had been discussed and agreed between the parties before the hearing and submitted to the Inspector.

 Noise – following the hearing in February, consultants for GCPC prepared and submitted a report in relation to (in our view) the proper test and application that should be applied to the level of acceptable noise.

This report was not challenged directly.

The appellants noise expert attended the hearing  and he was asked a number of questions by the Inspector about his initial report, its conclusions and how the issue of noise from the site should be assessed if planning consent was allowed (this was also relevant to the issue of conditions).

Conditions – these were discussed at length and covered a number of issues including: site definition for the purposes of the Enforcement Notices, hours of operation, access, vehicle movements, noise, railway boundary, height of stockpiles, dust mitigation biodiversity and waste management.  These are conditions that the Inspector may impose IF  planning consent was allowed.  It is worth remembering that any discussion and agreement between the parties in relation to the conditions is without prejudice and not seen as an acknowledgement by the Inspector or the parties tat consent will be given.

Shut down of the site – on the same basis as discussions in relation to conditions, the Inspector discussed with the parties (and the PCs) the terms and timescales that the Inspector could impose if the decision is to refuse the appellant’s appeal. 

Site visit -  on the 26 March the Inspector carried out a site visit to the facility itself, and various locations in Great Chesterford and Ickleton.

 Finally, in late 2023 the appellant Norwood Construction Group Ltd submitted to ECC a planning application for:  Certificate of Lawfulness for an existing use for aggregates and aggregate creation by way of screening, storage, importation and distribution.

 This application was based on the argument that the site had been used for many years for the handling of aggregates and in early March evidence was submitted attempting to show that such works had existed for about 100 years.   GCPC submitted an objection to this application in early January 2023. The application was withdrawn on or about 19 March 2024.  

 Regards,

GCPC

Update; 16.02.24

Update for the village about the Boro Farm aggregate facility.

 

The hearing of the appeals took place at the Essex Records Office in Chelmsford on the 13 and 14 February 2024 before Planning Inspector H. Higenbottam (the Inspector).

 

The hearing was attended by representatives from (I) the Appellant Norwood Construction Group Ltd (Norwood), their barrister and planning consultant, (II) Great Chesterford PC (Mike Mitchell) and their planning consultant, (III) Ickleton PC and residents, and (IV) ECC planning department.  Neil Gregory attended for the morning session on Day 1.  A Norwood noise/ acoustic expert joined on Day 2.

 

The hearing covered and discussed all the issues raised in the Enforcement Notices, Planning Application and Refusals by ECC including the major issues of Noise, Dust and Traffic movements in and out of the site via the layby.

 

A fuller report is attached with an agenda of the major issues as identified by the Inspector.

 

Site visit – this has been set for 25 March 2024.  The intention is to complete on that day the discussions in relation to conditions, any outstanding matters and closing statements.  It was emphasised that there can be no lobbying of the Inspector during the site visit.

 

At the end of the session on Day 2, both PCs and residents were given the opportunity to make a statement (Neil Gregory has given a statement on Day1).  On behalf of  GC residents there was emphasis placed on the main issues that arose in the letters of objection including: noise, dust, HGV movements, diesel fumes, visual impact and the River Cam.    The Inspector was informed of the frustration felt by residents about the procedural delays following Norwood having been on site since late 2021 without planning permission and remaining on site following the refusal of the planning application by ECC in July 2022, an Enforcement Notice which took effect in September 2022,  another taking effect on the 31 October 2023 and the numerous subsequent procedural hurdles.   The Inspector acknowledged and noted this frustration.