Proposed Main Modifications
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Proposed Main Modifications
MM44 - Paragraph MP1.25, Page 72
Representation ID: 99544
Received: 18/10/2024
Respondent: McLeod Aggregates Limited
Agent: Stephen M Daw Limited
Legally compliant? Yes
Sound? No
Duty to co-operate? Yes
The proposed modifications do not address concerns made in the Respondents Hearing Statement (Rep 99083). The Respondent seeks the entire removal of all reference to specific circumstances. This would give the MPA more flexibility to approve imaginative schemes benefiting the environment or meeting the circumstances of an operator, whilst still complying with the Development Plan. As modified the Plan does not give the degree of flexibility required by the NPPF nor that sought by the Respondent to proceed, confident that an application will be considered on its merits and not simply refused because it doesn't meet a specific circumstance.
The Respondent seeks the entire removal of all reference to specific circumstances in Paragraph MP1.25, Page 72
The proposed modifications do not sufficiently address concerns made in the Respondents Hearing Statement (Rep 99083). The Respondent seeks the entire removal of all reference to specific circumstances. This would give the MPA more flexibility to approve imaginative schemes which could, for example, benefit the environment through a particularly attractive restoration scheme or meet the particular circumstances of a mineral operator, such in the case of the Respondent, whilst still complying with the Development Plan. As modified the Plan still does not give the degree of flexibility required by the NPPF. Nor does it give the flexibility sought by the Respondent to proceed with a planning application confident that it will be considered on its merits and not be refused simply because it doesn't meet one of the three specific circumstances.
