Planning Permission for the Sudbrook Quarry - Find a freedom of information request

Reference planning for the Sudbrook Quarry in Lincolnshire (PL/0110/19):

On Sunday 17th November 2019, Look North aired a piece raising the concerns of the residents of Sudbrook regarding the permissions for this Quarry. Neil McBride - Head of Planning at Lincolnshire County Council declared in his interview: "The only way that they could stop it would be to revoke the permission which would be very costly for the council because it would have to pay compensation for that".

1. Who are 'they' that Mr McBride refers to?

2. How much compensation would be paid to Tamar Group were the council (or 'they;) to revoke the permission. 

1. The local community.

2. Planning permission can be removed by Revocation Orders pursuant Section 97 of the Planning Act (1990) but advice is that this should be considered as an action of last resort where discussions with the owner and operator have been unable to resolve the problem. Operators may voluntarily agree that certain permissions may be modified or given up and where agreed compensation may not be payable.

However is highly unlikely at Sudbrook as the operator would object,; The Secretary of State (SoS) will need to confirm an Order before it can come into effect unless a range of criteria have been met. This includes confirmation from the owner that they would not object (highly unlikely). If an objection is made (by the owner or any other person) then a Planning Inspector has to hear the case for and against the Order in a similar process to a planning appeal. Given the significance of the issues and the amount of compensation this is likely to be through a Public Inquiry.

Compensation pursuant to Section 116 of the Planning Act is likely to be payable if an Order is confirmed by the SoS and a valid claim made. Claims can include not only the loss of value of the mineral but also liable for legal costs and any expenditure the owner has incurred carrying out work that is rendered abortive by the provisions of the Order (by this it would mean the cost incurred in preparing the Environmental Statement and submitting the application, etc).

Finally, when deciding whether or not to revoke or modify a planning permission Local Planning Authorities are entitled to take into account the compensation they could have to pay. As custodians of public funds Planning Authorities must have regard to the cost to the public of their actions, at least to the extent of considering whether the cost is proportionate to the aim to be achieved, and take into account more economic ways of achieving the same objective. Whilst determining the application and imposing modern planning conditions would not stop the quarry going ahead it would ensure that it operates in line modern standards and protect the amenity of residents and the environment.

This is a more economical way of safeguarding these two factors than the cost of paying compensation to remove the permission. It is difficult to set out how much compensation would be payable but it would certainly be millions of pounds.