Issue - meetings

Report by the Director for Planning & Place (PN7).

This is a report to bring to committee the issue of the serving of the Prohibition Order for the Review of the Mineral Planning Permission (ROMP) at Thrupp Farm and Thrupp Farm, Radley which was resolved to progress at the meeting of the Planning and Regulation Committee on 9^th September 2019. The report set outs the issue to be considered which is whether the recent submission of a related planning application for a processing plant, conveyor and Bailey bridge for the removal of the mineral from part of the ROMP site changes the committee’s previous decision as to whether mineral working from the ROMP has permanently ceased or not and therefore the duty to serve a Prohibition Order or not.

It is RECOMMENDED that the Planning & Regulation Committee’s previous conclusion from its meeting on 9 September 2019 (Minute 39/19) that mineral working on the Radley ROMP site has permanently ceased and that there is a duty to serve a Prohibition Order be reviewed subject to the planning application submitted for processing plant, a conveyor and a Bailey Bridge for the removal of mineral extracted from part of the ROMP permission areas DD1 and DD2 being validated and pending the council’s determination of the planning application.

that the Planning & Regulation Committee’s previous conclusion from its meeting on 9 September 2019 (Minute 39/19) that mineral working on the Radley ROMP site has permanently ceased and that there is a duty to serve a Prohibition Order be reviewed in the light of the new planning application submitted for processing plant, a conveyor and a Bailey Bridge for the removal of mineral extracted from part of the ROMP permission areas DD1 and DD2 and the Counsel’s opinion and Written Statement provided on behalf of H. Tuckwell and Sons Ltd and John Curtis and Sons Ltd at its meeting on 20 July 2020.

The Committee had before it a report (PN7) on the issue of the serving of the Prohibition Order for the Review of the Mineral Planning Permission (ROMP) at Thrupp Farm and Thrupp Farm, Radley which it had resolved to progress at its meeting on 9 September 2019. The report set out the issue to be considered which was whether the recent submission of a related planning application for a processing plant, conveyor and Bailey bridge for the removal of the mineral from part of the ROMP site changed the committee’s previous decision as to whether mineral working from the ROMP had permanently ceased or not and therefore the duty to serve a Prohibition Order or not.

However, since the publication of the report, on Wednesday 27 May, officers had received a lengthy Counsel’s opinion and summary written statement from the agent for H. Tuckwell and Sons Ltd and John Curtis and Sons Ltd. The Counsel’s opinion had raised various points on which officers considered advice needed to be obtained from the council’s own Counsel before officers could reasonably advise the committee with regard to the information contained therein. Given the late receipt of the information, it had not been possible to obtain further Counsel’s opinion on behalf of the council prior to the committee meeting and therefore officers were now recommending that the committee defers consideration of item 7 to its next committee meeting on 20 July 2020. If members were minded to do so then officers would not progress service of the Prohibition Order pending the outcome of members’ consideration of the item at that committee meeting.

The Committee also noted that a submission has also been received from Radley Parish Council stating that they would wish to make counter representations at the July meeting in respect of any further consideration to set aside the prohibition order which they fully supported.

RESOLVED: (nem con) that the Planning & Regulation Committee’s previous conclusion from its meeting on 9 September 2019 (Minute 39/19) that mineral working on the Radley ROMP site had permanently ceased and that there was a duty to serve a Prohibition Order be reviewed at its meeting on 20 July 2020

in the light of the new planning application submitted for processing plant, a conveyor and a Bailey Bridge for the removal of mineral extracted from part of the ROMP permission areas DD1 and DD2 and the Counsel’s opinion and Written Statement provided on behalf of H. Tuckwell and Sons Ltd and John Curtis and Sons Ltd and received on the 27 May 2020.