Information about appeals currently lodged with the Planning Inspectorate against decisions made on mineral and waste planning applications, or enforcement notices served by Surrey County Council can be found on this page.
Oxted Chalkpit, Chalkpit Lane, Oxted: Appeal Against Planning Conditions
Oxted Chalkpit, Chalkpit Lane, Oxted
Appeal reference number: APP/ROMP/19/01
Planning Application reference number: TA/2012/902
In June 2012 Southern Gravel Limited (SGL) submitted a planning application (TA/2012/902) for a periodic review of planning conditions for Oxted Chalkpit in accordance with Schedule 14 of the Environment Act 1995. The planning application was reported to the 17 October 2018 Planning and Regulatory Committee for approval of 55 planning conditions. Following a debate, the Planning and Regulatory Committee resolved to approve the 55 planning conditions with amendments to the Officer recommendation for condition 25. Details of the 17 October 2018 Planning and Regulatory Committee can be found here on Surrey County Council's Agenda and Minutes webpage. The decision notice was issued on 21 November 2018 and may be viewed on our online register using the application number TA/2012/902.
The applicant SGL have chosen to appeal to the Secretary of State against the imposition of conditions 24, 25 and 26 of TA/2012/902. The conditions centre on highways matters. The appeal was considered valid by the Planning Inspectorate on 5 June 2019.
Conditions 24, 25 and 26 say the following:
Condition 24
There shall be no Heavy Goods Vehicle departures from Oxted Quarry between 0800 – 0900 and 1500 – 1600 hours Monday – Friday during school term time only for Downs Way School, St Mary's CofE Junior School and Oxted School to avoid school run times. The operator is required to obtain the dates for the current and forthcoming academic year from the schools and shall forward a copy of these dates to the County Planning Authority within 7 days of receipt.
Reason - In order that the development should not prejudice highway safety nor cause inconvenience to other road users in accordance with Surrey Minerals Plan 2011 Core Strategy Policy MC15, Surrey Waste Plan 2008 Policy DC3, Tandridge District Local Plan 2001 Policies MO9 and MO13; and Tandridge District Core Strategy 2008 Policy CSP12.
Condition 25
There shall be no more than an average of 76 daily Heavy Goods Vehicle (HGV) movements (38 in and 38 out) to/ from the site Monday – Saturday over any 12 month rolling period with the maximum number of HGV movements in any one day not to exceed:
* 112 (56 in and 56 out) Monday to Friday
* 72 (36 in and 36 out) Saturday
The site operator shall maintain records of the numbers of HGVs accessing and egressing the site daily. These records shall be submitted to the County Planning Authority in April, July, October and January each year and, if requested by the County Planning Authority, be provided within 7 days of that request.
Reason - In order that the development should not prejudice highway safety and public safety nor cause inconvenience to other road users as a result of the number of heavy goods vehicles accessing the site and due to no evidence being provided by the applicant to demonstrate that the economic viability of the site would be prejudiced adversely to an unreasonable degree by a limit on the number of heavy goods vehicles in accordance with Surrey Minerals Plan 2011 Core Strategy Policy MC15, Surrey Waste Plan 2008 Policy DC3, Tandridge District Local Plan 2001 Policies MO9 and MO13; and Tandridge district Core Strategy 2008 Policy CSP12.
Condition 26
Within one month of the date of these conditions taking effect, the applicant shall have a condition survey of Chalkpit Lane carried out by a suitability qualified person and submit it within 2 weeks of completion to the County Planning Authority for approval in writing. The survey shall include carriageway, footpath, verges and kerb edges and shall be from the site accesses to, and including, the junction with Barrow Green Road. The survey is to be repeated and submitted every 6 months during the operation of the site and upon completion of the restoration of the site. The applicant is to fund any ongoing repairs adjudged to have arisen from the passage of Heavy Goods Vehicles to and from the site following discussion and agreement between the operator and the County Highway Authority.
Reason - In order that the development should not prejudice highway safety nor cause inconvenience to other road users in accordance with Surrey Minerals Plan 2011 Core Strategy Policy MC15, Surrey Waste Plan 2008 Policy DC3, Tandridge District Local Plan 2001 Policies MO9 and MO13; and Tandridge District Core Strategy 2008 Policy CSP12.
The appellant's grounds of appeal
The appellant's grounds of appeal are summarised below. More detail can be found in the appeal documents submitted by the appellants.
"Southern Gravel Limited consider that Conditions 24, 25 and 26 do not comply with the requirements set out in national planning practice guidance (PPG) for reviews of mineral permissions (paragraph 186 of the (reference ID:27-196-20140306)".
"The conditions do not meet the six tests for planning conditions as set out in the National Planning Policy Framework updated in July 2018 (six Tests) which states in paragraph 55 that: "Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and the development to be permitted, enforceable, precise and reasonable in all other respects." "
"Furthermore, the conditions will adversely and materially affect the viability of the ongoing operations at Oxted Quarry."
The appellant is seeking to have conditions 24 and 26 deleted and for condition 25 to be "amended to allow an average daily flow of 100 HGV movements and increase the maximum daily limit for HGV movements to 200".
Commenting on this appeal
Should you wish to make comments on this appeal please send them to: Stephen Allen c/o The Planning Inspectorate, 3H Hawk Wing, Temple Quay House, 2 The Square, Bristol, BS1 6PN ensuring you cite the appeal reference number: APP/ROMP/19/01 by 17 July 2019. Email: environment.appeals@pins.gsi.gov.uk. Wherever possible you must submit three copies of your letter (unless sent electronically). Please do not write to the County Planning Authority (any letters sent to the County Planning Authority will be forwarded to the Planning Inspectorate).
The appeal is currently scheduled to be heard at a Public Inquiry and at present no details or the date of the inquiry are known. Once the County Planning Authority know the date and location of the Public Inquiry that information will be posted on this webpage.
The appeal documents can be found on our online register using the reference number TA/2012/902.
Should you have any further queries please contact Samantha Murphy, the County Planning Authority case officer, on mwcd@surreycc.gov.uk or 020 8541 9897.