Thursday 4 November 2021

DCC has ‘no real evidence’ cattle crossing won’t cause problems

Aggregate Industries’ planning application to quarry Straitgate Farm has been beset by delays over the years – in part because of the cattle crossing issue: the 150 or so dairy cows that would need to cross the B3174 up to 4x daily to access alternative pasture if quarrying were to proceed, with literally who-knows-what impact on the functioning of the main road into and out of Ottery St Mary, and on the A30.

The issue was raised more than 4 years ago. In 2017, Devon County Council wanted the company "to assess the implications of the farmer moving cattle across the B3174 as a result of the proposal". This June, East Devon District Council objected, saying Aggregate Industries' transport assessment:
...offers no detailed explanation for the conclusion that "there will not be a need to intensify livestock crossings". It also fails to explain how the applicant could prevent the farmer crossing livestock over the B3174 in the event that the mitigation measures prove unsatisfactory. In the seemingly likely event that a need arises for increased crossings of the B3174, neither the existing crossing arrangements nor the approved arrangements are considered suitable given the speed of traffic, the advance visibility and the fact that delays to traffic on this road would adversely affect a large number of businesses, schools and people in Ottery St Mary, as well as the emergency services.
What progress has been achieved in the last 4 years by the great minds at Aggregate Industries & Co? Following an FOI request, we now know. According to an email on 12 August 2021 from the case officer to Devon County Highways officers: 
AI still seem to be leaving the real impact of the quarry/cattle crossing/farm viability to us to consider with no real evidence that they won't be causing problems down the line – except their say-so.
This obviously represents a problem. The Town and Country Planning (Environmental Impact Assessment) Regulations say: 
The aim of Environmental Impact Assessment is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision making process. Paragraph: 002 Reference ID: 4-002-20140306 
...movements across all modes of transport that would result from the development and in the vicinity of the site; [and] an assessment of the likely associated environmental impacts of transport related to the development. Paragraph: 015 Reference ID: 42-015-20140306 
Policy M22 of the Devon Minerals Plan says
Mineral development will be permitted where it can be demonstrated, where appropriate through a Transport Assessment or Statement, that it would not have a significant effect on: (a) road safety; or (b) the capacity and functionality of the transportation network for all users.
So, how – "with no real evidence that [AI] won’t be causing problems", not least on the functioning of the B3174 and the A30 – could Devon County Council lawfully conclude that the development would be acceptable? Answers on a postcard.