Wednesday 12 September 2018

Large quarry operators have to stump up financial guarantees too

Last week, it was announced that an Edinburgh quarry could re-open, after CEMEX – "the second largest building materials company worldwide, only after LafargeHolcim" – agreed to pay a £250,000 bond to ensure the site is restored in 2050.

Readers may remember that the subject of financial guarantees has come up before, in relation to Aggregate Industries' attempts to quarry Straitgate Farm.

The applicant is requested to provide information on other sites either in their control or operated by another company where the proposed working technique is used successfully. Reason: The MPA will wish to consider whether the proposed working technique is a “novel approach” as set out in the NPPF Paragraph: 048 Reference ID: 27-048-20140306 in respect of the requirements for guarantees on the amelioration of impacts on local water supplies should there be any technical failure.
Paragraph 48 says a financial guarantee is justified:
where a novel approach or technique is to be used, but the minerals planning authority considers it is justifiable to give permission for the development...
It was a simple question, but neither AI – nor the architect of the scheme who is no longer with the company – could point to a single other site where the unorthodox scheme has been tried before.

The obvious conclusion is that AI’s scheme is indeed a "novel approach", and that a financial guarantee would therefore be justified for "the amelioration of impacts on local water supplies should there be any technical failure".