In 2014 Protect Bath brought a judicial review against B&NES for having given planning permission for a Waste Recycling Plant on the former Fullers’ Earthworks Site, without having taken due account of the need to design the whole site in relation to the openness of the Green Belt. The point at issue hinged on whether or not the existing waste uses were to be safeguarded on the site as well as the new facility, and whether the planning officer’s report was misleading. They were given leave to bring the claim and the High Court hearing took place in March. Sadly the case was comprehensively rejected by the judge, Mr Justice G Hickinbottom. So what happens next? The landowners have now withdrawn their appeal against the enforcement notice so the appeal against enforcement would fall (on the basis that the breaches were regularised by planning permission). A detailed reserved matters planning application has been submitted, which means that the plan for a residual waste facility should go ahead within 18 months or the enforcement notice will be brought out of abeyance.
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