In February, Aggregate Industries wrote to local private water supply owners – those people now at risk of losing their drinking water due to the permitted quarry development at Straitgate Farm – with the offer of water monitoring, and remediation in the event of derogation, reminding them:
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.
For years, Aggregate Industries has refused to commit to paying ongoing water charges should surrounding supplies be lost as a result of its works, as we last posted here.
However, following pressure from PWS owners at a meeting last month, Aggregate Industries has backtracked and now says:
The company has reviewed its position and, in the unlikely event that properties have to be connected to a mains supply, will now agree to meet any ongoing costs for the supply of mains water to affected properties for the life of the planning permission and the post restoration monitoring period.
Why the company has taken so long to recognise the inequity of its previous stance is anybody’s guess.
What happens after the post restoration monitoring period? Aggregate Industries says:
All obligations and liabilities on the company cease.
Why Aggregate Industries thinks its liability should end at this arbitrary point in time – if the company were to cause the loss of drinking water supplies – is not clear.
In granting permission for the development, the Planning Inspectors wrote:
176. The suggested condition for groundwater monitoring would impose a 10-year requirement for post-restoration monitoring, however the section 106 agreement provides for this period to be agreed in writing between the parties. We have accordingly not included reference to the post-restoration period for monitoring in the condition.
However, the company made clear at the above-mentioned meeting that it intends to press Devon County Council for "a break clause", to reduce the period for post-restoration monitoring.
What’s the problem with that? As Professor Brassington explained at the Inquiry:
I have shown that currently it takes almost 11 years for the water to reach the Cadhay spring which means that the full effect will not be felt until after the appellant has left the site.
So how much is Aggregate Industries’ U-turn worth? Not very much it would appear.
EDIT 12.7.23
In correspondence with Devon County Council relating to post-restoration monitoring, it has now been confirmed that "the Company intends to abide by the timescales discussed at the Inquiry."
