Certificate of Lawful Use for the processing of Construction and Demolition Waste

Why was this approved?

• Evidence of 10+ years continuous non-green waste acceptance via documents 2006-2019
• Balance of probabilities test met for sorting/storage/screening up to 5,000 tpa
• Incidental to composting primary use per planning approvals
• Insufficient evidence for crushing as primary commercial process
• Consistency with waste licence (screening authorised, crushing not)
• Use for site development Phases 2/3 and maintenance lawful

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Decision & Reasoning

Conditions (1)

1. C1

   Lawful use certification

   The evidence submitted, along with the information from other Departments/Divisions, suggest on the balance of probability that the following has taken place on the site for a period in excess of ten years: 5,000 tonnes per annum of Soils/Bricks/Ceramics, River Gravels and Street Cleaning Residues being brought onto the site; and the waste brought onto the site being subject to processes including sorting, storage, and screening (but excluding crushing as a primary process). The evidence also demonstrates that as part of the legitimate business of the site of composting organic waste, elements of the above waste has been sorted and processed within the area hatched in blue on the submitted plan for use in Phases 2 and 3 of PA 04/01725/B and 16/00976/B and for general maintenance of roads within the site.

Public Comments (3)

Consultation Responses

Peel Town Commissioners provided historical evidence from 2007 Board minutes confirming composting work at the Ballaneven Compost site off Poortown Road in St Johns, offered to assist in determining the Certificate of Lawful Use application.