DCC's Reg22 wanted to know:
The planning policy section of the application includes the text from the Devon Minerals plan, ‘any proposal should include provision for alternative supply in the event of derogation of private water supplies resulting from mineral development’. However, there is no detail on this in the body of the report. Full detail should be provided including proposals for either a bond or legal agreement dealing with this matter.
Remember, Aggregate Industries' last application tried to get away with the wording:
If we dispute that the derogation is caused by our working we may, once we have restored your water supply, have the matter referred to an independent arbitrator... etc etc
Now there’s something new. Would it be any better?
The degree of change that would trigger an action may vary from location to location and the nature of the receptor. Any future measurements that highlight unexpected behaviour or reports from stakeholders of changes to flows would trigger an investigation that may require up to a further 12 months monitoring. The investigation would examine if the change had arisen from natural climatic changes, quarry activities, third party influence (e.g. new drainage work on a water course) a change in use (i.e. increased use of a private water supply) or an error in measurement. 2.4.9
Does that inspire confidence?
Who would be the arbiter - for the 100 or so people relying on the site for their drinking water - together with the 3 farms - and the mediaeval ponds at Grade I Cadhay - if things went wrong?
In the event that there shall be interference with any of the private water supplies (as indicated on plan to be agreed with Devon County Council, in consultation with the Environment Agency) or an inability to draw a satisfactory water supply in respect of any of the private water supplies and such interference or inability to draw a satisfactory water supply is in the opinion of the County Council, in consultation with the Environment Agency, on the balance of probability, attributable partly or wholly as a result of the winning and working of minerals at Straitgate Farm then AIUK shall forthwith at its own expense take such action or make temporary or permanent arrangements for the provision of any alternative or additional water supply to the users of the private water supplies as shall be necessary or appropriate in the opinion of the County Council, in consultation with the Environment Agency, to replace or compensate for the interference or inability to draw a satisfactory supply to the extent that the same is attributable to such activities associated with the winning and working of minerals at Straitgate Farm, such provision to be kept in place until a satisfactory water supply is reinstated. 2.8.1
Locals will no doubt wonder about the interpretation of "any alternative". Would it be bottled water, emergency tanker supplies, or what? Some properties are miles from a mains supply, but if mains were to be installed, there's nothing in AI's legal blurb to say who would pay the water bill for ever more; a water bill that for farms or Cadhay could be enormous.
