Friday 13 October 2023

Aggregate Industries’ Straitgate update for September

Aggregate Industries has provided the following update this week in relation to implementing its permission to quarry Straitgate Farm: 
... there are no updates for September but I am hoping we will be in a position to commence submitting schemes to discharge conditions before the end of the year.
Again, another month has gone by with apparently nothing to report. 

Mineral extraction scheme causes birdstrike concerns at RAF Fairford

We have previously posted about RAF Fairford and the threat of birdstrikes from nearby mineral works.


No wonder the MOD expressed concern over a nearby quarry proposal 21/0032/CWMAJM at the former RAF airfield at Down Ampney in the Cotswolds, 3 miles south west of RAF Fairford. 


The development proposed entails the stripping of topsoil, the extraction, working and storage of minerals, and the phased restoration of the site. 
Each of these activities have the potential to create an environment that would be attractive to those large and/or flocking bird species hazardous to aviation safety. 

The applicant has acknowledged that aircraft passing close to the application site, approaching or departing RAF Fairford, are likely to be at altitudes of less than 1,000ft above ground level and would be within the range of altitudes where 90% of birdstrike events take place. 

The applicant and the MOD have conducted pre-application discussions. Through these discussions the MOD has made clear that restoration of the site which results in the creation of open water would be unacceptable as those waterbodies would likely provide an environment attractive to those large and/or flocking bird species hazardous to aviation.
Despite the MOD's concerns, officers recommended approving the scheme, to extract 6.5 million tonnes of sand and gravel over 13 years with a phased restoration scheme using imported infill, and, last month, the proposal was given the green light by Gloucestershire County Council, 9 votes for, 2 against – subject to the prior completion of a S106 planning obligation to secure the implementation of a Wildlife Hazard Management Plan. 

Here in East Devon, aircraft also fly less than 1000 ft above Straitgate Farm on their landing descent to Exeter Airport.


For Aggregate Industries' scheme at Straitgate, a Wildlife Hazard Management Plan was also stipulated, with planning inspectors conditioning that: 
Of course, where Straitgate differs to the Cotswolds scheme is that restoration will not involve imported infill; Aggregate Industries will just dig a hole, and leave it. 

We have previously posted – given that water bodies are intended at Straitgate – that Aggregate Industries’ plans for the site are incompatible with the Inspectors’ planning conditions

This is even more concerning given the scale of Aggregate Industries’ (unintended) ponding problem at the company's nearby quarry at Hillhead.

So, the EA isn’t always right

Silverdale is a village in the Borough of Newcastle-under-Lyme in Staffordshire. For years the nearby landfill at Walleys Quarry has been the subject of thousands of complaints about the stench emanating from the site, possibly caused by the unpermitted dumping of plasterboard waste.

In 2021, a mother won a High Court battle against the Environment Agency for failing to properly regulate the site, which was accused of emitting hydrogen sulphide that risked shortening her son's life. However, the EA successfully appealed. Legal action is ongoing

Walley’s Quarry Ltd bought the site from Lafarge in 2016. 

Last year, Walleys Quarry Ltd won a High Court injunction against protestors, but also withdrew an appeal against a nuisance abatement notice issued by Newcastle-under-Lyme borough council
As part of the settlement, Walleys Quarry will pay Newcastle-under-Lyme £400,000 towards the cost of responding to the appeal and £60,000 to enable the council to continue monitoring levels of hydrogen sulphide in the community. 

Cllr Martin Hamilton, Newcastle-under-Lyme’s chief executive, said the agreement was “hugely significant”, while Nigel Bowen, Walleys Quarry’s CEO, said his company was pleased to reach “a level of mutual understanding and agreement” with the council. 

Lord Carnwath of Notting Hill, a former Supreme Court Justice, led the mediation process. In a statement, he said: “Walleys Quarry Limited acknowledge that the site has been the source of community complaint and the council acknowledge that Walleys Quarry Limited have improved their operational practices such that odour emissions have recently reduced significantly and best practicable means are currently in place.” 

The Environment Agency reports weekly on odour emissions from the site, measuring against WHO annoyance guidelines. In the last six months, the Agency produced 25 reports, each time including measurements from four locations. During this period, “just eight” of the 100 reporting figures exceeded the WHO’s guidance levels by 10%, Walleys Quarry says, and none exceeded 20%. 
However, it now turns out that that the EA has been under reporting emissions:
Local MP, Aaron Bell, who has previously raised concerns about the site, said the community had been "badly let down". 

Results from a previous monitoring exercise between 2017 and 2019 were "also clearly now incorrect", the Conservative MP for Newcastle-under-Lyme claimed. 

"Given that the EA relied on these results to justify to me why they would not install more monitoring - before eventually realising the stink was so bad they would have to - the community was particularly badly let down in this regard." 

He said the error had "dented public confidence" in the agency and he would be raising the issue in the House of Commons. 
We absolutely recognise the distress, the concerns and for many of you the anger that you feel at this situation and we are sorry that this has happened. What we have been doing as soon as we confirmed there was an issue, the EA spoke to the UKHSA so they could understand the implications of this and make sure between us we were given the best possible information to health partners so they were able to give the best possible advice to you. 

I also want to acknowledge that for many of you in the community trust in the EA was already low and this will have absolutely dented confidence further. What we wanted to do and what we are endeavouring to do and will continue to do is to be as open with you as we possibly can about what we know and about what we are doing.

Tungsten West ‘faces fight over ending cap on lorries’

Plans submitted to quarry land at Hatfield Aerodrome near St Albans in Hertfordshire

Brett Aggregates Ltd have submitted plans to establish a new quarry on land at the former Hatfield Aerodrome, including new access onto the A1057, aggregate processing plant and other ancillary facilities, together with the importation of inert fill material to restore the mineral workings, SADC Ref: 5/2023/1745; HCC Ref: PL/0232/21

The proposals would involve the winning and working, together with processing for sale, of some 8 million tonnes of sand and gravel over a period of around 32 years. 

This week, St Albans City & District Council lodged their objection to the plans to Herts County Council. 

Why is this interesting? 

It was only last year – following a nine-day public inquiry – that the Planning Inspectorate refused the company’s previous application to quarry the site, citing harm to the Green Belt, character, appearance and amenity of the area. Naturally, campaigners welcomed the decision. 

In their objection, SADC wrote: 
St Albans City and District Council previously expressed concerns over the proposal for a quarry at this site and the further information provided is not considered to have addressed these concerns. Having noted the changes within the current proposals, it is not considered that the concerns of the Council have been overcome, and as such the Council raises formal objections in respect of this application. 
One of these objections related to non-compliance of a S106 agreement: 
1. Section 106: The need for the original Section 106 to be complied with and for the Ellenbrook Country Park – outstanding for more than a decade – to be established. 

EDIT 1.11.23 Hertfordshire County Council refuse Ellenbrook Quarry plans