The Council has looked in detail at the contents of the 1958 planning permission and considered all of the information provided to a public inquiry in 1992.
Reviewing all of the information above, the Council has determined that legally relevant planning permission is in place. Past breaches of the planning permission (including the over-tipping) were regularised through the approval of the restoration works to Phase 1 in 1994. If there are any breaches of the planning permission during Phase 2 we would take action.
Unfortunately, the historic planning permission has very few restrictions, conditions or controls within it, and even though the permission is very old and takes no account of the current environment around the site, the Council has no legal powers to insist that the operator applies for new planning permission.
Although there has also been a suggestion that a new planning application has been submitted or is due to be submitted, this is not the case.
We are disappointed with our lack of powers to address this, and have written to the Secretary of State to ask if they have any powers to intervene, in these exceptional circumstances.