REFUSED – CERTIFICATE OF LAWFUL DEVELOPMENT (S192) FOR THE PROPOSED INTRODUCTION OF ADDITIONAL FUEL INPUTS TO EXISTING GASIFICATION PLANT

CERTIFICATE OF LAWFUL DEVELOPMENT (S192) FOR THE
PROPOSED INTRODUCTION OF ADDITIONAL FUEL INPUTS
TO EXISTING GASIFICATION PLANT.

REFUSED

Application Reference: 97204/16
Type of Application: Certificate of Proposed Lawful Use
Registration Date: 10/08/2016
Decision Due By: 04/10/2016
Responsible Officer: Kara Hamer
Location: MARKLANDS FARM, GRIMEFORD LANE, BLACKROD, BOLTON, BL6
5LD
Proposal: CERTIFICATE OF LAWFUL DEVELOPMENT (S192) FOR THE
PROPOSED INTRODUCTION OF ADDITIONAL FUEL INPUTS
TO EXISTING GASIFICATION PLANT.
Ward: Horwich and Blackrod
Applicant: Regenerco Limited
Agent : The Planning Law Practice
Officers Report
Recommendation: Refuse
PLANNING CONTROL SECTION
PLANNING OFFICERS REPORT FOR DELEGATED DETERMINATION
Proposal
An application for a certificate of lawful development (S192) has been submitted to the Local Planning
Authority for the proposed introduction of additional fuel inputs to an existing gasification plant
approval. The applicant submits that the additional fuel inputs proposed comprise a blend of wood
and Refuse Derived Fuel.
Site Characteristics
This is an existing farm located off the A6 Blackrod Bypass Road.
Surrounding the site is Douglas Valley golf course. To the immediate west of the application site are
the dwellings of The Willows, Markland Farm, Whitehill Farm, Whitehill House, Whitehill Cottage and
Rivington View, addressed as Grimeford Lane. To the north runs the Manchester to Blackpool
railway line and further north is the M61.
The site is within the Green Belt.
Legislation
The Town and Country Planning Act 1990
The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (Use Classes) Order 1987 (as amended)
Analysis
The Applicant submits that the approved gasification plant falls within use class B2 (general industrial)
and that the new proposal would also fall within use class B2 of the Use Class Order.
The Council’s Legal Services have been consulted and advise that both the existing approval and the
new proposal fall within use class ‘sui generis’ of the Use Class Order and therefore the proposal
constitutes a change of use.
The proposal constitutes a material change of use pursuant to Section 55 of the Town and Country
Planning Act 1990 and would therefore require planning permission.
Conclusion
The LPA considers that insufficient evidence has been submitted by the applicant upon which to
grant the certificate.
It is considered that the proposal requires planning permission and therefore the application is
refused.

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