An appeal against Ipswich City Council’s decision to refuse a development application seeking approval to extend an existing landfill facility. For consideration was whether the amended plans substantially differed from the originals. The Court found that: the scale and intensity of the use applied for remained unchanged; key features of the development remained unchanged, namely the overall extent of the development footprint, hours of operation; the type of waste received, the volume of fill received, and the annual rate at which waste material was to be received remained unchanged. As such, the Court was satisfied the changes proposed to Cleanaway’s development application fell within the minor change definition in Schedule 2 of the Planning Act 2016.
John Ware appeared for the second co-respondent, instructed by HopgoodGanim.
The judgment is published here.