| 1. | The proposed Section 73 application to vary Condition 2 (time limits) to extend the time limit for cessation of operations on the landfill site and create a new planning permission cannot be determined, as to do so would materially alter the original description of development in the original planning permission P1566.12, which explicitly states that the development must cease by the end of 2024, which was fundamental to the assessment and acceptance of the scheme. Extending this time limit would materially alter the nature of the development and contradict the original description of the development, going beyond the powers under s73 of the Act. Having regard to the Finney Judgement in Finney v Welsh Ministers [2019] EWCA Civ 1868, a Section 73 application cannot be used to change conditions in a manner that conflicts with the original permission or undermines the description of the approved development. Therefore, the proposed changes cannot be accommodated within the existing legal framework. |
| 2. | The application cannot be adequately assessed due to significant deficiencies in the information provided, specifically the absence of a required Environmental Impact Assessment (EIA). In accordance with the EIA Regulations 2017, as amended, an EIA is mandatory for developments that exceed 0.5 hectares or are sited within 100 metres of controlled waters such as the River Thames. The lack of an EIA prevents the Local Planning Authority from fully assessing the potential environmental impacts, particularly concerning water quality, ecological balance, and public health. |
