Eastern Attachments’ Planning Appeal has been DISMISSED by the Planning Inspector. As she puts it “…I consider that the benefits of the scheme do not outweigh the harm in allowing this development…”
This hopefully now brings some closure to this sorry saga which has blighted the village for over three years. Huge thanks are due to John and Katrina Heath, who set up the Griston Community Group and led the challenges from day one. With 100+ registered objectors and significant donations, the village pulled together and stood firm in what often seemed to be a losing battle with the odds against us.
Having looked through the decision report (you can download and view it here), it’s clear the Planning Inspector was fair and gave varying weights to different arguments and evidence that was submitted (or not, in some instances) by all sides.
Central to the decision seems to be two factors:
1. A lack of evidence to support the claim that no other site in the area could provide enough power, when the Inspector notes Snetterton could have 36MVA available following upgrades to the UKPN Primary substation at Attleborough, and
2. Breckland’s view that while their Policy EC04 (which deals with establishing industrial sites outside of General Employment Areas) was being breached, wider concerns in the Local Plan meant the development could proceed.
Both of these were items strongly contested by both the Parish Council and the Griston Community Group in their submissions to the Appeal.
The Inspector did give the Appellant credit for wanting to employ state-of-the-art machinery, ‘latest technologies’ and innovative processes in support of a global business client base, but in the final analysis, in the Inspector’s opinion the factors against permission weren’t sufficiently balanced by the positives.
The question on everyone’s lips… ‘So what happens now?’
In the short term, only Eastern Attachments can know this. The very final legal challenge after a dismissed appeal is an application to overturn the Appeal Decision by the High Court, but this would be enormously expensive for all involved. Certainly some Parish Councillors believed fear of this eventuality could possibly have been a factor in Breckland’s interpretation of their own Local Plan policies. As a commercially astute district council, an unbudgeted bill for up to £500,000 of High Court costs would have created an enormous headache.
But unless there’s a clear mistake in both Breckland’s refusal and the Inspector’s dismissal, it’s difficult to see how such an case could succeed. In any case, they have only six weeks to lodge any case at the High Court, after which it becomes time-barred.
Of course, as the owner of the site, Eastern Attachments can use it for whatever permitted use they choose; they could try to configure the existing buildings for use within their current planning permission uses and this is something they did say they might do during the appeal. For example, they could opt to devote the site to fire extinguisher manufacture and not JCB digger buckets, as this might be construed as falling into the existing permission category. Only they know how this might work, and what inefficiencies they would incur using only half the planned site and with no B2 industrial use. It would seem – and again, they mentioned this at the Planning Appeal – they would have to have a second site and a transport arrangement between them. Refusal of planning permission means that even materials storage for the B2 activity isn’t allowed, so the current banging and clanging will come to an end.
They could even reapply for the previous new layout and buildings but without the change of use. That might be easily spotted for what it could be.
Their current ‘illegal’ use of the buildings – which was proudly demonstrated to ourselves, the Inspector and Breckland as part of the Appeal – will have to now cease, as they are all part of the failed application. We will press Breckland to immediately enforce cessation, ending the noise and odour nuisances which are currently under Environmental Health Abatement Notices that expire in several months, as those activities are now a breach of planning permission. The machinery already installed should be removed, along with the shiny new chimneys and the liquid gas plant, but enforcement is down to Breckland, who don’t have a great record unless pushed hard.
Clearly a lot of money, time and effort was put into acquiring and planning the site by the company, with multiple specialist engineers retained and a.Barrister employed throughout the Appeal process. How the site might now stack up financially and operationally in a reduced capacity is something the Appellant will no doubt be assessing, especially after the devastating fire – and subsequent demolition – at their Attleborough works.
Whatever happens, the Parish Council will stand firm in making sure we get the best outcome for the village as a whole. We had already agreed to meet with Breckland whatever the Appeal outcome to establish the best way forward for everyone and will continue to work with them.
Updates to follow…