Were the seven reasons Devon County Council gave for refusing Aggregate Industries’ planning application to quarry Straitgate Farm, together with the multitude of arguments advanced by Straitgate Action Group, presented at the Public Inquiry in October by two leading barristers and numerous experts, all so very flimsy that they could be written off in a sentence or two?
Seemingly so.
We have now read the report by the Planning Inspectors, who last week granted Aggregate Industries permission to quarry Straitgate Farm subject to conditions and legal obligations.
Local people have commented that the report "reads like an AI press release", that "the report appears as if it was written by [AI’s] KC himself", that "In every matter, the Inspectors chose to accept AI’s dodgy evidence and arguments", etc.
Isn’t that strange, given the Planning Inspectorate says it will "always operate in a fair, open and impartial way"? Did the Planning Inspectors – one with a background at British Coal – look charitably at Aggregate Industries’ appeal through mineral-tinted spectacles?
Let’s look at one or two of their comments.
In relation to one of the main areas of contention – groundwater, and the mechanism for water movement through the unsaturated zone put forward by Prof Rick Brassington, supported by the Council’s expert hydrogeologist, Paul Thomson, and much scientific literature – the Inspectors apparently knew best:
23. ...we are not persuaded that piston flow is the dominant flow mechanism in the BSPB or at the site... 27. ...we prefer the appellant’s model of rapid infiltration...
And with that, the potential harm to private water supplies to 120 people, farms and businesses, to Cadhay and its mediaeval fishponds, to wetland habitats in ancient woodlands, instantly fell away. The evidence from the only Professor of Hydrogeology in the room was dismissed by Inspectors, neither of whom are expert in the subject.
The Inspectors chose to find comfort elsewhere, saying:
46. Similar monitoring together with rainfall measurements has also been carried out by the EA. The available data is thus comprehensive. We note the MPA’s concern that a pumping test has not been carried out in order to assess hydraulic conductivity and specific yield, but we see no reason to doubt the robustness of the assessment work that has been undertaken by the appellant.
But no "similar monitoring" has been performed by the Environment Agency at Straitgate Farm. And without a pumping test, the hydraulic conductivity – the ease with which water can move through the ground – is unknown.
The Inspectors dismissed the distance the as-dug material would need to be hauled for processing:
134. The distance between Straitgate Farm and Hillhead Quarry is about 23 miles... Because there is no closer processing facility, the requirement to minimise travel distance would be met.
What clever logic. But, as one astute person pointed out, if the nearest processing plant were Glasgow – would the requirement to minimise travel distance still be met?
The Inspectors – clearly untroubled by our climate emergency – dismissed the harm this haulage scheme would cause:
136. There is no other substantive evidence before us of any harm resulting from transportation of the mineral.
However, any reasonable person would be able to deduce that the resulting 2.5 million HGV miles would have a harmful environmental impact, not only from CO2, but also from brake and tyre particulates, road damage etc.
On the issue of need, the Inspectors pointed to a shortage of sand and gravel in Devon, and argued there was no immediate prospect of Aggregate Industries’ Penslade – another Preferred Area in the Devon Minerals Plan, with 8 million tonnes of the same resource right next-door to the processing plant – coming forward:
82. ...the MPA stated that the landbank at the end of 2021 was 6.4 years, less than the 7 years required by the Framework. There is thus a shortage of sand and gravel in Devon. Although development of the allocated site west of Penslade Cross would contribute significantly to supply, there is no immediate prospect of this coming forward, and our decision must be based on the current situation with respect to sand and gravel supply.
The Inspectors chose to ignore the Council’s evidence and the closing statement from the Council’s barrister, who said:
217. Moreover, it is not disputed by Mr Gould that the Appellant plans to seek pre-application advice regarding West of Penslade before the end of this year with a view to an application in 2023.
On the cattle crossing issue, the Inspectors remarkably found:
105. ...no cogent evidence to confirm that there would be an increase in livestock movements.
However, the Inquiry was provided with clear evidence of this from SAG’s agricultural expert – the only such expert at the Inquiry. Even without his evidence, it is obvious that, with more than 80% of the pasture removed for quarrying, there would be a requirement for additional livestock movements across the Exeter Road to access alternative pasture. The Inspectors instead clung to the notion – without any evidence – that the farmers will sign an agreement to scupper their own business.
158. It was explained at the Inquiry that it has not been possible for the farm tenant to sign the section 106 agreement because of ongoing negotiations.
And indeed Aggregate Industries’ KC did claim this, despite there being no ongoing negotiations.
So, well done to Aggregate Industries. Three cheers. After years of trying, the cement giant has finally done it, finally got the better of the local action group, finally won permission to quarry the living daylights out of Straitgate Farm, rip out the ancient hedgerows, fell the veteran trees, displace the protected species, disturb aquifers and water courses, remove the top of a hill for ever more.
It goes without saying that the company’s presence in the area will not be welcome. The company has no social licence; County, District, Town and Parish councils were all against Aggregate Industries’ scheme. The company has done nothing to endear itself to the local community over the last 10 years. There has been too much falsity and fiction for that.
Neither will Aggregate Industries find working the site easy. The permission comes with a multitude of onerous conditions and legal obligations – many that need to be satisfied before any excavator shovel hits the ground.
For example, compliance with the Airport Safeguarding condition:
25. No water body shall be created within the site other than the approved weigh bridge lagoon.
will be a challenge, given our variable climate and the high groundwater levels, since no water body shall be created – temporary or permanent, large or otherwise.
Likewise, the restriction:
17. There shall be no HGV movements... during the periods 07:45 hours to 08:45 hours and 15:15 hours to 16:45 hours during school terms.
will also be a constraint.
Local people – particularly those concerned with preserving their drinking water supplies – will make sure that the company strictly adheres to all these conditions and obligations, knowing how the company has sometimes struggled – here, here, here, here, here, here, here, here, here – to stick to conditions at its other sites.
The quarry at Straitgate Farm will surely come under more public scrutiny than any other Aggregate Industries’ operation.
