Monday 31 October 2022

Grand Designs: ‘Four unsuccessful attempts at drilling a borehole’

At the Straitgate Farm Planning Inquiry, no evidence was presented by Aggregate Industries to demonstrate how alternative water supplies could be provided to the 120 people reliant on the Straitgate aquifer in the event of derogation.

It’s a serious omission. Anyone watching Grand Designs last week will understand why. 

The issue of alternative water supplies and how they could be provided is one we have posted about in the past – here and here are just two examples. 

At the Public Inquiry, the barrister representing Devon County Council said in his closing submission
125. Minerals Plan Table C.4 is clear regarding the need to include provision for alternative supply in the event of derogation, and the Appellant has been reminded of the need throughout (see e.g. 2.8 of [CD4.07A]). But the Appellant has adopted an approach that amounts to a crossing of fingers, with an approach in the s.106 that is no more than a plan to make a plan, consistent with its unjustifiable downplaying of the significance to be afforded the PWSs and the potential impacts upon them.  
The barrister representing Straitgate Action Group said in his closing submission
33. There is no evidence that any of the 120 people reliant on private water supplies could easily be provided with mains water as an alternative. 
38. There is no evidence that an alternative borehole would be available.
46. SAG has consistently been asking for detail to satisfy it that practical mitigation that works in the real world has been worked up and secured. The Appellant has done preciously little to demonstrate that the mitigation would ensure no more than a negligible impact in practice. A take it or leave it offer letter setting out a series of measures, none of which has actually been shown to be practicable or achievable within a realistic timescale, is simply not good enough.
Even now, all that Aggregate Industries’ proposed Unilateral Undertaking legal agreement says is:
3. If the investigation confirms that it is AIUKs operations at Straitgate that are the cause of the loss or reduction in supply or contamination of a PWS, then AIUK will provide at their own expense one, or a combination of, the following solutions: 
Appropriate water treatment;
Deepen existing borehole;
Provide additional pumping equipment;
Pay compensation for increased pumping costs;
Install appropriate treatment systems to deal with contamination;
Provide a new borehole;
Provide additional storage facilities;
Install a mains supply connection;
Any other solution proposed by the expert (please see below)
How much of this is possible? No-one knows. No feasibility study has ever been commissioned. 

What if private water users don’t agree with the solution? 
If you do not agree to the solution proposed by AIUK or the expert (as appropriate) you shall be under no obligation to accept AIUK's proposal to implement that solution. However, should you reject the proposal (which shall include but not be limited to refusing AIUK access to your property to implement the solution), AIUK shall be under no further obligation to propose and/or implement a solution to the issue.  
And what about any extra ongoing charges – for treatment or from South West Water, for example? Surely, it’s the least that can be offered if your spring water has been compromised? 
For the avoidance of doubt, AIUK shall only be responsible for implementing the proposed solution and not for any subsequent charges, fees or any other costs associated with the solution once implemented.  
Which says a lot doesn’t it? If there were little risk to water supplies, this would be an easy promise to make. Obviously the bean counters at Aggregate Industries are not convinced there is little risk. 

Why at this stage do we need any more than "a plan to make a plan"? Anyone watching Grand Designs last week will appreciate that securing a source of water cannot be taken for granted. 

The programme followed a DIY off-grid cowshed conversion in Somerset. On the subject of water: 
Following four unsuccessful attempts at drilling a borehole to bring in a water supply, the couple switched to a water harvesting system.
Apparently, these intrepid self-builders have now come to value water as a precious resource, reportedly getting excited when it rains and having "a very relaxed attitude to flushing". 

Of course, as things currently stand, there are no problems with private water supplies around Straitgate. People don’t need to get excited when it rains, or have a relaxed attitude to flushing.

AI’s appeal against Chard Junction Quarry refusal in Dorset AONB dismissed

Aggregate Industries’ planning application to extend its Chard Junction Quarry at Westford Park Farm in the Dorset AONB, WD/D/19/000451, was refused last year by Dorset Council.


The Planning Inspectorate has today dismissed the appeal:
 

Thursday 27 October 2022

Holcim emitted more than 7bn tonnes of CO2 between 1950 and 2021

... according to research by the Climate Accountability Institute – that’s 0.42% of all historical global industrial emissions. 

It’s a shameful legacy for one company to bequeath to humanity – especially since:
Leading companies and industry associations were aware of, or wilfully ignored, the threat of climate change from continued use of their products since the late 1950s.
Yesterday, the United Nations warned that current pledges to cut greenhouse gas emissions will lead to global heating of 2.5C – a level that would condemn the world to catastrophic climate breakdown. Today, Inger Andersen, executive director of the UN Environment Programme, said:
We had our chance to make incremental changes, but that time is over. Only a root-and-branch transformation of our economies and societies can save us from accelerating climate disaster... Every fraction of a degree matters: to vulnerable communities, to ecosystems, and to every one of us.
Cement giant Holcim – previously badged LafargeHolcim until controversies like the one below – is the parent company of Aggregate Industries.

It is ranked 47 out of the Top 100 emitters by The University of Massachusetts Amherst’s 2021 greenhouse polluters index. 

Of course, you'd never know. Holcim doesn’t broadcast its dirty secret. It is the same company pumping out statements like "Sustainability is at the core of what we do", and that concrete is "the ideal sustainable material for our future", and that "Our teams are going above and beyond to keep our people and communities safe, while firmly leading our decarbonization journey."

Maybe one day companies will be banned from greenwashing. There was a glimmer of hope last week from the Advertising Standards Authority, which banned a series of misleading adverts from HSBC promoting climate-friendly initiatives. The watchdog ruled that the bank had to ensure any future environmental claims were: 
adequately qualified and did not omit material information about its contribution to carbon dioxide and greenhouse gas emissions. 
Campaign groups welcomed the ASA’s ruling, saying it was a "significant moment in the fight to prevent banks from greenwashing their image." 

Clearly, it’s not just banks. Holcim proclaims it "takes climate action very seriously." But not seriously enough to stop its UK subsidiary from appealing the decision by Devon County Council to refuse permission to haul bog-standard aggregate 23 miles from quarry face to processing plant – a distance unheard of in the UK.

But, as we touched upon in the post Holcim’s cost to society in 2021? 156 million tons of CO2 emissions, the company’s carbon legacy and the impact it has left upon us is now being tested in the courts in "a first-of-its-kind lawsuit". 

According to Agung Wardana, an environmental law expert and a Humboldt Fellow at Max Planck Institute for International Law in Heidelberg, Germany, the lawsuit showcases an increase in public awareness on climate change and a desire for justice: 
This will be a landmark case in Indonesia. I think many others could follow suit in demanding accountability of major polluters. The homework to win the case is to find the causality between Holcim’s activities and its impact on Pari Island. That’s the challenge.

Tuesday 18 October 2022

Lafarge pleads guilty to US charges of supporting Islamic State

Accusations that Aggregate Industries’ parent company financed terrorism in Syria date back to 2016 – as we have previously posted.

Today, Reuters reports
NEW YORK, Oct 18 (Reuters) - French cement maker Lafarge pleaded guilty on Tuesday to U.S. charges of supporting the Islamic State by keeping a factory running in Syria after conflict broke out in 2011, according to a court hearing. 

The admission in Brooklyn federal court marked the first time a company has pleaded guilty in the United States to charges of providing material support to a terrorist organization. Lafarge, which became part of Swiss-listed Holcim in 2015, is also facing charges of complicity in crimes against humanity in Paris. 

Lafarge agreed to forfeit $687 million and pay a fine of $90 million in its guilty plea.

U.S. Attorney Breon Peace for the Eastern District of New York said
In the midst of a civil war, Lafarge made the unthinkable choice to put money into the hands of ISIS, one of the world’s most barbaric terrorist organizations, so that it could continue selling cement. Lafarge did this not merely in exchange for permission to operate its cement plant – which would have been bad enough – but also to leverage its relationship with ISIS for economic advantage, seeking ISIS’s assistance to hurt Lafarge’s competition in exchange for a cut of Lafarge’s sales. Today, Lafarge has admitted and taken responsibility for its staggering crime. Never before has a corporation been charged with providing material support and resources to foreign terrorist organizations. This unprecedented charge and resolution reflect the extraordinary crimes committed and demonstrates that corporations that take actions in contravention of our national security interests in violation of the law will be held to account.

Sunday 16 October 2022

The Public Inquiry has finished

The 8-day Public Inquiry into the appeal by Aggregate Industries against the refusal last year by Devon County Council for a sand and gravel quarry at Straitgate Farm with haulage of the as-dug material to Hillhead Quarry finished sitting on Friday. The Inquiry will be formally closed on 25 October* to allow for a 3-week consultation on the additional Regulation 22 information supplied by Aggregate Industries.
 
A big thank you to all those who have generously supported us, including Ottery St Mary Town Council and all those who donated via JustGiving

A big thank you too to our legal team, Tim Taylor of Khift Ltd and Richard Moules of Landmark Chambers, and to the rest of our team – Rick Brassington, Laura Horner, Alex Meletiou and Rupert Thistlethwayte – and to those who spoke at the Inquiry, including Cllrs Jess Bailey, Roger Giles and Amanda Townsend. 

A big thank you must also go to those at Devon County Council who facilitated the smooth running of the Inquiry, to the Minerals Team, and to the experts fielded by the Council – including barrister James Burton, hydrogeologists Paul Thomson and Nathan Littlewood, ecologist Chrissy Mason, arboriculturist Michael Steed, heritage expert Ignus Froneman and planning expert Robin Upton. 

The closing submissions by the three barristers can be found below. There is no need to repeat the issues raised, save for these few points: 

It was established that the groundwater system around Straitgate Farm is fragile and unique; that there is a risk to private water supplies, that a precautionary approach should be taken, and that alternative water supplies must be provided should there be any derogation. No evidence was presented to the Inquiry by AI to demonstrate how alternative water supplies could be provided to the 120 people reliant on the Straitgate aquifer. 

It was established that there is no precedent for working down to the maximum water table where there are sensitive water receptors nearby, without maintaining a permanent freeboard or safety margin. 

It was established that no testing had taken place to reliably determine the infiltration rates and hydraulic conductivity across the site. The tests that were performed were judged by the company’s own expert to be "pretty crude". It was established that no mineralogy studies have been conducted on the material at Straitgate to understand what effect the minerals have on groundwater, particularly on the pH. 

It was established by AI’s hydrogeologist that some of the monitoring boreholes showed confined behaviour, making – according to SAG’s and DCC's hydrogeologists – the area proposed for extraction even more important to sensitive groundwater receptors. 

It was established that AI’s flood risk model is based on an unreliable infiltration rate. 

It was established that AI had underplayed the importance and number of trees that would be lost. 

It was established that surveys for European protected species were out of date, and that there had been habitat changes since the survey work was undertaken. 

It was established that there would be a need for a cattle crossing; it was not established how the situation would be resolved. 

It was established that there is nothing particularly special about the Straitgate sand and gravel deposit. It is not, as AI had claimed, "a recognised source of high specification aggregate." It is not, as AI had claimed, a source of scarce yellow sand. It does not, as AI had claimed, contain 60% gravel. 

It was established that the Preferred Area West of Penslade Cross, next door to the processing plant at Hillhead, is an area of the Budleigh Salterton Pebble Beds that has fewer constraints than Straitgate Farm, and has eight-times the resource. It was established that AI intends to seek pre-application advice regarding Penslade before the end of this year, with a view to submitting a planning application in 2023. 

The Planning Inspectors’ decision is expected in the next few months.
* EDIT Inquiry formally closed on 4.11.22

Sunday 9 October 2022

Straitgate Inquiry reports from Cllr Roger Giles

... can be found on Cllr Jess Bailey’s blog.

Hydrogeology Presentation

On the first day of the Inquiry, the expert hydrogeologist acting on behalf of Devon County Council gave a presentation, which, for those with water supplies or an interest in the subject, we include below.
 

Devon County Council’s Planning Rebuttal, and Statement in respect of Reason for Refusal 3, can be found here and here.