Since we wrote Are AI’s plans unravelling, the company has finally conceded in writing that it does not have the rights to store top soil and overburden or build wheel wash and staff facilities on third party land. Only last month, Aggregate Industries was telling everybody:
The applicant contends that it has necessary rights over the surface to implement the proposals as presented. 8.78
AI still claims it has the rights to create an access road over this third party land, but this is based on a 1965 document - not the later 1976 minerals lease specific to this site, which AI says it can’t find.
This matter could send AI back to the drawing board. It may need to revise its area of working again. It may need to look at the phasing of extraction again - with plans that would maintain stream flows and prevent flooding. It may need to look at the storage of soils again - 340,000m3 of top soil and overburden, enough to cover 42 acres if piled 2m high.
So, another setback and potentially more delays; AI had wanted to be on site by June 2016. But perhaps it should have checked its rights before planning a new quarry; or had it hoped that no one would notice?
