Wednesday, 4 January 2023

Bill seeks to restrict quarry developments close to residential areas

Backbench MP Matt Western introduced a private member’s bill a year ago to tighten planning rules on new quarry developments, which proposed a "presumption in planning decision-making against approving quarry development in close proximity to settlements". 

We have previously posted about his campaign here.

We meant to post about this at the time, but were distracted with our own battle on the very same day at Devon County Council’s Development Management Committee against Aggregate Industries’ proposal for a sand and gravel quarry at Straitgate Farm. We post the details now for completeness. 


Private member’s bills rarely become law but they do raise the profile of the issues involved and hopefully indicate the direction of travel. Matt Western argued that the current legal framework fails to acknowledge the latest science on air quality and the threat to human health, particularly in relation to the air quality standards for silica, which he deemed inadequate. 
In summary, the Bill has three objectives: to create a presumption against granting permission for quarry developments in close proximity to settlements; to impose a requirement to assess the risks of proposed quarrying sites to health and the environment, as part of the planning process; and to make provisions related to the use of waste disposal of quarries. The first objective would, in essence, act as a safety valve for an over-liberal estimation of population sizes and settlement planning. At the same time, it would protect the current residents of neighbouring towns and villages. The provision is inspired by the actions of other countries: in Canada, there is a requirement that quarries have to be 600 metres from settlements, and other countries have introduced minimum distances. We now need to act. Given the science, I believe that the minimum distance should be set at 1,000 metres at least for silicates and noxious gases, as recommended by the research. 

Western told the house: “Across the land, a great many communities face the prospect of permission being granted for quarries that will not just blight their areas but bring significant risks to human health, while at the same time being, in certain cases, surplus to requirement.” The MP cited the recent death of nine-year-old Ella Adoo-Kissi-Debrah in London, triggered by poor air quality due to vehicle emissions. “Following the case, the coroner wrote a prevention of future deaths report that urged the government to introduce legally binding limits as regards air quality based on World Health Organisation guidelines,” he said. “That case alarmed the public and should certainly have caused alarm among the government. While PM10 and PM2.5 are now part of our lexicon in addressing air-quality issues, there are wider issues that urgently need legislation; hence this bill, which is, in essence, about minimising the impact of emissions on residents’ health, and particularly children’s health.” Turning to research into airborne silica dust from quarries, Western highlighted findings by the Environmental Working Group, a US-based body specialising in research and advocacy. “It has stated that none of the air quality standards for silica are adequate to protect people living or working near sand mining sites,” he said. “The group has concerns for any resident living within 1,500 metres of any excavation site, because of the dissipation of dust particles.” Evidence gathered by the Environmental Working Group on the impact of open sand mines in Wisconsin and Minnesota found silica levels at least ten times higher than the recommended limit of 3 micrograms per cubic metre, said Western. “I can see no reason why that would be much different from levels found in areas that border sand and gravel quarries in the UK.” 

Mr Western’s bill raises a number of pertinent issues and seeks to address the deficiencies in the current planning legislation. However, the question is whether the bill will actually become law. The bill was introduced by Mr Western under the 10 minute rule, a process described by Hansard as ‘an opportunity to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a bill passed.’ Relatively few private member’s bills raised in this way go on to become law. Nevertheless, they are a useful way of raising the profile of an issue and generating debate.
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