An environmental tribunal upheld a request to build an open storage area in a quarry in Iklin as long as the development was kept within the quarry’s barriers.
The request was made after a planning commission refused an outline application to convert a soft stone quarry into an open storage facility with soft landscaping areas and to replace the existing agricultural premises.
Replacing the existing field with maintenance and servicing garages would lead to an intensification of industrial development in an area that was outside the scheme, the commission had said.
It also pointed out that the proposed open storage area would be located in an area of agricultural value where only structures essential to arable use were permitted. “Converting the existing field into an open storage [facility] is unacceptable,” it said.
However, the applicant argued that it was an outline application and that the Environment Protection Department had “found the project acceptable in principle”. A restoration plan had been requested and submitted.
Similarly, a traffic impact statement was requested and also submitted, together with further drawings, which were amended. The application’s planning report did not list any objections to the proposal and recommended it for approval.
The Environment Protection Department had found the project acceptable in principle
In December 2010, a planning commission refused the application saying it was “an intensification of industrial development in an outside development zone”.
The owner then filed a request for reconsideration and, in October 2012, received a planning report from a new case officer recommending refusal.
The planning authority rebutted his arguments, saying the submitted plans did not reflect the project’s description as the garages would be located in an area designated for agricultural purposes. This was not acceptable from a planning perspective even if the garages were going to be relocated to the quarry footprint.
The eight garages, to be used for engine maintenance and the servicing of vehicles, were “synonymous” with a site for small and medium businesses and not an open storage area.
The site covers an area of about 16,580 square metres, 7,600 square metres of which are taken up by the quarry.
In its decision, the tribunal said it was evident that the proposal to build an open storage area within the confines of the quarry could be considered but it was objectionable in the fields.
It noted that the recommendations by the planning directorate conflicted, it having said at first that the project was favourable with a number of conditions and reserved matters. This could have created ambiguity where the open storage area could be developed, the tribunal said.
Even though it was still at outline stage, the commission should have considered allowing the open storage area in the quarry when it was evident this fell in line with the guidelines as had even been indicated by the Local Planning Unit.
The tribunal said it was inclined to limitedly uphold the appeal as it was evident that the development of the open storage areas was acceptable according to the guidelines.
Following discussions with the owner, before issuing the outline permit, it sent the case file back to the planning commission to decide upon the project’s design parameters and reserved matters.