The condition stated that the compost should not be exported from the farm. In addition, a condition restricted the number of vehicle movements to and from the site each day. The appellant claimed, however, that in recent years the amount of green waste which had been composted on the site had ranged between 7,000 and 10,000 tonnes. This produced a level of compost which exceeded the needs of the agricultural holding and had led to surplus being stockpiled at the farm. He therefore requested that the surplus compost should be exported from the site to be used at other farms and sold on the commercial market.
An inspector decided that the site had the capacity to process approximately 36,000 tonnes of green waste per annum. In his opinion, this would result in a significant increase in the number of heavy goods vehicles entering and leaving the site, should the restrictive conditions be lifted. This would undermine the amenity of residents living close to or along the access road leading to the site. This impact outweighed the benefits of allowing the appellant to expand into new markets and contribute to the rural economy.
In dismissing the appeal the inspector decided that the appellant was nonetheless entitled to a partial award of costs. The council had failed to justify why the application was invalid based on its claim that it would materially change the nature of the scheme if the conditions were varied or removed. Section 73 of the Town and Country Planning Act 1990 provided an adequate basis for application and appeal, the inspector concluded. The council had also failed to substantiate its concern that increased composting on site would by itself undermine the amenity of local residents through noise, litter, odour or impact from bio-aerosols.
Inspector Ian Jenkins; Hearing
